NY State Senate Bill 2011-S3448

Senate Bill S3448

2011-2012 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 Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Jun 05, 2012	advanced to third reading
Jun 04, 2012	2nd report cal. amended 3448a
May 31, 2012	1st report cal.974
Jan 04, 2012	referred to investigations and government operations
Feb 22, 2011	referred to investigations and government operations

Votes

- May 31, 2012 - Investigations And Government Operations Committee Vote
  S3448
  
  3
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 31, 2012
      
      aye (3)
      
      Alesi
      
      Marcellino
      
      Nozzolio
      
      nay (1)
      
      Squadron
      
      aye wr (3)
      
      Golden
      
      Peralta
      
      Zeldin
      
      excused (1)
      
      Diaz

Bill Amendments

Original

A (Active)

2011-S3448 - Details

See Assembly Version of this Bill:: A5495
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §141-a, amd §§140, 143 & 147, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S304, A372
2013-2014: S2356, A2606
2015-2016: S1484, A1681
2017-2018: S4816, A6311
2019-2020: S4319, A6361

2011-S3448 - 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.

2011-S3448 - Sponsor Memo

2011-S3448 - Bill Text download pdf

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

    S. 3448                                                  A. 5495

                       2011-2012 Regular Sessions

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

                            February 22, 2011
                               ___________

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
  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,
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03749-01-1

S. 3448                             2                            A. 5495

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
PREMISES  BY  THE  HOLDER  OF  A  LICENSE TO SELL SUCH BEVERAGES IN SUCH
VILLAGE AT RETAIL TO BE CONSUMED UPON THE PREMISES.

S. 3448                             3                            A. 5495

  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.

2011-S3448A (ACTIVE) - Details

See Assembly Version of this Bill:: A5495
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §141-a, amd §§140, 143 & 147, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S304, A372
2013-2014: S2356, A2606
2015-2016: S1484, A1681
2017-2018: S4816, A6311
2019-2020: S4319, A6361

2011-S3448A (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.

2011-S3448A (ACTIVE) - Sponsor Memo

2011-S3448A (ACTIVE) - Bill Text download pdf

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

    S. 3448--A                                            A. 5495--A
    Cal. No. 974

                       2011-2012 Regular Sessions

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

                            February 22, 2011
                               ___________

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 -- recommitted to the  Committee  on
  Investigations  and  Government  Operations  in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
  first report, amended on first report, ordered to a second report, and
  to be reprinted as amended, retaining its place in the order of second
  report

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Economic Development -- recommitted to the Commit-
  tee on Economic Development in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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 SECTION ONE HUNDRED  FORTY-ONE  OF
THIS ARTICLE, SUBSTITUTING HOWEVER THE WORD "VILLAGE" FOR "TOWN," MAY BE
FILED WITH THE VILLAGE CLERK.

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

                                                           LBD03749-02-2

S. 3448--A                          2                         A. 5495--A

  (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,
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.
  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. 3448--A                          3                         A. 5495--A

  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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