Bill Text: NY S04319 | 2019-2020 | General Assembly | Introduced

Bill Title: Grants the electors of villages with the option to make unlawful the sale of alcoholic beverages within such villages if the petition therefor is approved at a general election.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-07 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04319 Detail]

Download: New_York-2019-S04319-Introduced.html

                STATE OF NEW YORK
            S. 4319                                                  A. 6361
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      March 7, 2019
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed,  and  when  printed  to  be committed to the Committee on Investi-
          gations and Government Operations
        IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
          to the Committee on Economic Development
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          providing villages the local option to prohibit the sale of  alcoholic
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The alcoholic beverage control law is amended by  adding  a
     2  new section 141-a to read as follows:
     3    § 141-a. Local  option  for villages.  1. Not less than sixty days nor
     4  more than seventy-five days before the general election in  any  village
     5  at  which  the submission of the questions hereinafter stated is author-
     6  ized by this article, a petition signed by electors of the village to  a
     7  number  amounting  to  twenty-five  per  centum of the votes cast in the
     8  village for governor at the then last preceding gubernatorial  election,
     9  requesting  the  submission  at  such  election  to  the electors of the
    10  village of the questions contained in section one hundred  forty-one  of
    11  this article, substituting however the word "village" for "town," may be
    12  filed with the village clerk.
    13    (a) Opposite and on the right of the name of each elector signing such
    14  petition  shall  be written his or her residence address by house number
    15  and street name, if any, and otherwise by  an  appropriate  designation,
    16  and  the  date  of  his  or  her  signing.  Each signature shall be made
    17  personally by the one whose name is signed and not by another. No signa-
    18  ture shall be valid or counted as to which any of such  requirements  is
    19  not complied with, nor as to which the date of signing is more than four
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4319                             2                            A. 6361
     1  months prior to the day of the election. No signature shall be withdrawn
     2  after the petition is filed.
     3    (b)  At the bottom of each sheet of the petition shall be a statement,
     4  signed by a duly qualified elector of the village, with his or her resi-
     5  dence address, stating that every signature on that sheet of  the  peti-
     6  tion  is genuine and that to the best of his or her knowledge and belief
     7  every person so signing was at the time thereof a qualified  elector  of
     8  such  village,  that  their  respective  residences are correctly stated
     9  therein and that each signer signed the same on the  date  set  opposite
    10  his  or  her  name.  Such  statement shall be sworn to before an officer
    11  authorized to administer oaths within such village.
    12    (c) The same petition may be either in one document  or  prepared  and
    13  signed  in  two  or  more documents. Such documents shall constitute one
    14  petition and be filed as a whole.
    15    (d) The petition shall also appoint a committee upon whom  or  any  of
    16  its  members  a summons, order or notice may be served in any proceeding
    17  respecting the validity of the petition or of an election held  pursuant
    18  thereto,  and  shall  also designate the chairman of such committee. The
    19  residence address of each member of the committee shall be stated.  Such
    20  committee may fill a vacancy in its chairmanship or in  its  membership,
    21  and  notice  of any such change shall promptly be filed with the officer
    22  with whom the petition is required to be filed; provided, however,  that
    23  failure  to  file  such notice shall not invalidate any proceeding under
    24  this chapter.
    25    (e) Upon the due filing of such a petition, complying with the forego-
    26  ing provisions, such questions shall be submitted in  accordance  there-
    27  with.  If  the petition be filed with the village clerk, he or she shall
    28  within five days from the filing thereof, prepare and file in the office
    29  of the board of elections of the county, as defined by the election law,
    30  a certified copy thereof.
    31    2. The method and manner of submission, preparation and  provision  of
    32  ballot  labels, balloting by voting machine and conducting the election,
    33  canvassing the result and making and filing the returns  and  all  other
    34  procedures  with reference to the submission of and action upon any such
    35  question shall be the same as in the case of any other proposition to be
    36  submitted to the electors of a village at a general election as provided
    37  by law.
    38    3. If a majority of the votes cast shall be in the negative on any  or
    39  all  of  the questions, no person shall, after such election, sell alco-
    40  holic beverages in  such  village  contrary  to  such  vote  or  to  the
    41  provisions  of  this chapter; provided, however, that the result of such
    42  vote shall not shorten the term for which  any  license  may  have  been
    43  lawfully  issued under this chapter or affect the rights of the licensee
    44  thereunder; and no person shall after such vote apply for or  receive  a
    45  license  to  sell alcoholic beverages at retail in such village contrary
    46  to such vote, until, by referendum as  hereinafter  provided  for,  such
    47  sale shall again become lawful.
    48    §  2. Section 140 of the alcoholic beverage control law, as amended by
    49  chapter 810 of the laws of 1981, is amended to read as follows:
    50    § 140. Applicability of chapter before local option.  Until such  time
    51  as  it  shall  become  unlawful to sell alcoholic beverages in any town,
    52  village or city by the vote of the voters in such town, village or  city
    53  in  the  manner  provided in this article, all of the provisions of this
    54  chapter shall apply throughout the entire state. This article shall  not
    55  apply  to  the  Whiteface  mountain  ski  center, owned by the state and
    56  located in the town of Wilmington, county of Essex.

        S. 4319                             3                            A. 6361
     1    § 3. Section 143 of the alcoholic beverage control law is  amended  to
     2  read as follows:
     3    § 143. Filing  certificate  of result with liquor authority.  Whenever
     4  at an election a vote shall be  taken  on  the  local  option  questions
     5  pursuant  to  [sections]  section  one  hundred  forty-one,  one hundred
     6  forty-one-a or one hundred  forty-two  of  this  article  in  any  town,
     7  village  or  city,  the officer or board charged by law with the duty of
     8  filing a statement of the result and  certificate  of  determination  of
     9  such election shall file a duplicate thereof with the liquor authority.
    10    §  4.  Subdivision  1 of section 147 of the alcoholic beverage control
    11  law, as amended by chapter 319 of the laws of 2007, is amended  to  read
    12  as follows:
    13    1.  In any town, village or city in which a vote shall be taken on any
    14  one or more of the local option questions provided for in this  article,
    15  no  further  vote shall be submitted upon any local option question that
    16  was presented to the voters before the second general election thereaft-
    17  er.
    18    § 5. This act shall take effect on the thirtieth day  after  it  shall
    19  have become a law.