NY State Senate Bill 2009-S304

Senate Bill S304

2009-2010 Legislative Session

Provides villages with the local option to make unlawful the sale of alcoholic beverages within such villages

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Jan 07, 2009	referred to investigations and government operations

2009-S304 (ACTIVE) - Details

See Assembly Version of this Bill:: A372
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §141-a, amd §§140, 143 & 147, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3448, A5495
2013-2014: S2356, A2606
2015-2016: S1484, A1681
2017-2018: S4816, A6311
2019-2020: S4319, A6361

2009-S304 (ACTIVE) - Summary

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.

2009-S304 (ACTIVE) - Sponsor Memo

2009-S304 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 304                                                    A. 372

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

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, Job Creation, Commerce and
  Industry

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  providing  villages the local option to prohibit the sale of alcoholic
  beverages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 141-a to read as follows:
  S 141-A. LOCAL OPTION FOR VILLAGES.  1. NOT LESS THAN SIXTY  DAYS  NOR
MORE  THAN  SEVENTY-FIVE DAYS BEFORE THE GENERAL ELECTION IN ANY VILLAGE
AT WHICH THE SUBMISSION OF THE QUESTIONS HEREINAFTER STATED  IS  AUTHOR-
IZED  BY THIS ARTICLE, A PETITION SIGNED BY ELECTORS OF THE VILLAGE TO A
NUMBER AMOUNTING TO TWENTY-FIVE PER CENTUM OF  THE  VOTES  CAST  IN  THE
VILLAGE  FOR GOVERNOR AT THE THEN LAST PRECEDING GUBERNATORIAL ELECTION,
REQUESTING THE SUBMISSION AT  SUCH  ELECTION  TO  THE  ELECTORS  OF  THE
VILLAGE  OF  THE  QUESTIONS  CONTAINED  IN  EITHER GROUP A OR GROUP B OF
SECTION ONE HUNDRED FORTY-ONE OF THIS ARTICLE, SUBSTITUTING HOWEVER  THE
WORD  "VILLAGE"  FOR  "TOWN,"  MAY  BE FILED WITH THE VILLAGE CLERK.  IF
PETITIONS PRAYING FOR THE SUBMISSION OF THE QUESTIONS CONTAINED IN  BOTH
GROUP A AND GROUP B ARE FILED, ONLY THE QUESTIONS OF THE GROUP MENTIONED
IN THE PETITION FIRST FILED SHALL BE SUBMITTED.
  (A) OPPOSITE AND ON THE RIGHT OF THE NAME OF EACH ELECTOR SIGNING SUCH
PETITION  SHALL  BE WRITTEN HIS OR HER RESIDENCE ADDRESS BY HOUSE NUMBER
AND STREET NAME, IF ANY, AND OTHERWISE BY  AN  APPROPRIATE  DESIGNATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02061-01-9

S. 304                              2                             A. 372

AND  THE  DATE  OF  HIS  OR  HER  SIGNING.  EACH SIGNATURE SHALL BE MADE
PERSONALLY BY THE ONE WHOSE NAME IS SIGNED AND NOT BY ANOTHER. NO SIGNA-
TURE SHALL BE VALID OR COUNTED AS TO WHICH ANY OF SUCH  REQUIREMENTS  IS
NOT COMPLIED WITH, NOR AS TO WHICH THE DATE OF SIGNING IS MORE THAN FOUR
MONTHS PRIOR TO THE DAY OF THE ELECTION. NO SIGNATURE SHALL BE WITHDRAWN
AFTER THE PETITION IS FILED.
  (B)  AT THE BOTTOM OF EACH SHEET OF THE PETITION SHALL BE A STATEMENT,
SIGNED BY A DULY QUALIFIED ELECTOR OF THE VILLAGE, WITH HIS OR HER RESI-
DENCE ADDRESS, STATING THAT EVERY SIGNATURE ON THAT SHEET OF  THE  PETI-
TION  IS GENUINE AND THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF
EVERY PERSON SO SIGNING WAS AT THE TIME THEREOF A QUALIFIED  ELECTOR  OF
SUCH  VILLAGE,  THAT  THEIR  RESPECTIVE  RESIDENCES ARE CORRECTLY STATED
THEREIN AND THAT EACH SIGNER SIGNED THE SAME ON THE  DATE  SET  OPPOSITE
HIS  OR  HER  NAME.  SUCH  STATEMENT SHALL BE SWORN TO BEFORE AN OFFICER
AUTHORIZED TO ADMINISTER OATHS WITHIN SUCH VILLAGE.
  (C) THE SAME PETITION MAY BE EITHER IN ONE DOCUMENT  OR  PREPARED  AND
SIGNED  IN  TWO  OR  MORE DOCUMENTS. SUCH DOCUMENTS SHALL CONSTITUTE ONE
PETITION AND BE FILED AS A WHOLE.
  (D) THE PETITION SHALL ALSO APPOINT A COMMITTEE UPON WHOM  OR  ANY  OF
ITS  MEMBERS  A SUMMONS, ORDER OR NOTICE MAY BE SERVED IN ANY PROCEEDING
RESPECTING THE VALIDITY OF THE PETITION OR OF AN ELECTION HELD  PURSUANT
THERETO,  AND  SHALL  ALSO DESIGNATE THE CHAIRMAN OF SUCH COMMITTEE. THE
RESIDENCE ADDRESS OF EACH MEMBER OF THE COMMITTEE SHALL BE STATED.  SUCH
COMMITTEE MAY FILL A VACANCY IN ITS CHAIRMANSHIP OR IN  ITS  MEMBERSHIP,
AND  NOTICE  OF ANY SUCH CHANGE SHALL PROMPTLY BE FILED WITH THE OFFICER
WITH WHOM THE PETITION IS REQUIRED TO BE FILED; PROVIDED, HOWEVER,  THAT
FAILURE  TO  FILE  SUCH NOTICE SHALL NOT INVALIDATE ANY PROCEEDING UNDER
THIS CHAPTER.
  (E) UPON THE DUE FILING OF SUCH A PETITION, COMPLYING WITH THE FOREGO-
ING PROVISIONS, SUCH QUESTIONS SHALL BE SUBMITTED IN  ACCORDANCE  THERE-
WITH.  IF  THE PETITION BE FILED WITH THE VILLAGE CLERK, HE OR SHE SHALL
WITHIN FIVE DAYS FROM THE FILING THEREOF, PREPARE AND FILE IN THE OFFICE
OF THE BOARD OF ELECTIONS OF THE COUNTY, AS DEFINED BY THE ELECTION LAW,
A CERTIFIED COPY THEREOF.
  2. THE METHOD AND MANNER OF SUBMISSION, PREPARATION AND  PROVISION  OF
BALLOT  LABELS, BALLOTING BY VOTING MACHINE AND CONDUCTING THE ELECTION,
CANVASSING THE RESULT AND MAKING AND FILING THE RETURNS  AND  ALL  OTHER
PROCEDURES  WITH REFERENCE TO THE SUBMISSION OF AND ACTION UPON ANY SUCH
QUESTION SHALL BE THE SAME AS IN THE CASE OF ANY OTHER PROPOSITION TO BE
SUBMITTED TO THE ELECTORS OF A VILLAGE AT A GENERAL ELECTION AS PROVIDED
BY LAW.
  3. IF A MAJORITY OF THE VOTES CAST SHALL BE IN THE NEGATIVE ON ANY  OR
ALL  OF  THE QUESTIONS, NO PERSON SHALL, AFTER SUCH ELECTION, SELL ALCO-
HOLIC BEVERAGES IN  SUCH  VILLAGE  CONTRARY  TO  SUCH  VOTE  OR  TO  THE
PROVISIONS  OF  THIS CHAPTER; PROVIDED, HOWEVER, THAT THE RESULT OF SUCH
VOTE SHALL NOT SHORTEN THE TERM FOR WHICH  ANY  LICENSE  MAY  HAVE  BEEN
LAWFULLY  ISSUED UNDER THIS CHAPTER OR AFFECT THE RIGHTS OF THE LICENSEE
THEREUNDER; AND NO PERSON SHALL AFTER SUCH VOTE APPLY FOR OR  RECEIVE  A
LICENSE  TO  SELL ALCOHOLIC BEVERAGES AT RETAIL IN SUCH VILLAGE CONTRARY
TO SUCH VOTE, UNTIL, BY REFERENDUM AS  HEREINAFTER  PROVIDED  FOR,  SUCH
SALE SHALL AGAIN BECOME LAWFUL.
  4. IF AT SUCH ELECTION THE VOTES CAST ON QUESTION NUMBER ONE OF EITHER
GROUP BE EQUAL OR A MAJORITY THEREOF BE IN THE AFFIRMATIVE AND A MAJORI-
TY  OF  THE  VOTES CAST ON QUESTION NUMBER TWO OF EITHER GROUP BE IN THE
NEGATIVE, ALCOHOLIC BEVERAGES OR BEER ONLY, AS  THE  CASE  MAY  BE,  MAY
NEVERTHELESS BE SOLD IN SUCH VILLAGE AT RETAIL NOT TO BE CONSUMED ON THE

S. 304                              3                             A. 372

PREMISES  BY  THE  HOLDER  OF  A  LICENSE TO SELL SUCH BEVERAGES IN SUCH
VILLAGE AT RETAIL TO BE CONSUMED UPON THE PREMISES.
  S  2. Section 140 of the alcoholic beverage control law, as amended by
chapter 810 of the laws of 1981, is amended to read as follows:
  S 140. Applicability of chapter before local option.  Until such  time
as  it  shall  become  unlawful to sell alcoholic beverages in any town,
VILLAGE or city by the vote of the voters in such town, VILLAGE or  city
in  the  manner  provided in this article, all of the provisions of this
chapter shall apply throughout the entire state. This article shall  not
apply  to  the  Whiteface  mountain  ski  center, owned by the state and
located in the town of Wilmington, county of Essex.
  S 3. Section 143 of the alcoholic beverage control law is  amended  to
read as follows:
  S 143. Filing  certificate  of result with liquor authority.  Whenever
at an election a vote shall be  taken  on  the  local  option  questions
pursuant  to  [sections]  SECTION  one  hundred  forty-one,  ONE HUNDRED
FORTY-ONE-A or one hundred  forty-two  OF  THIS  ARTICLE  in  any  town,
VILLAGE  or  city,  the officer or board charged by law with the duty of
filing a statement of the result and  certificate  of  determination  of
such election shall file a duplicate thereof with the liquor authority.
  S  4.  Subdivision  1 of section 147 of the alcoholic beverage control
law, as amended by chapter 319 of the laws of 2007, is amended  to  read
as follows:
  1.  In any town, VILLAGE or city in which a vote shall be taken on any
one or more of the local option questions provided for in this  article,
no  further  vote shall be submitted upon any local option question that
was presented to the voters before the second general election thereaft-
er.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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