New York Alcoholic Beverage Control Law

Sec. § 142
Local Option for Cities


Not less than sixty days nor more than eighty days before the general election in the year nineteen hundred thirty-five in any city, and before any subsequent general election in the city at which the submission of the questions hereinafter stated is authorized by this article, a petition signed by electors of the city to a number amounting to twenty-five per centum of the votes cast in the city for governor at the then last preceding gubernatorial election, requesting the submission at such election to the electors of the city of the questions contained in section one hundred forty-one, substituting however the word “city” for “town,” may be filed with the city clerk or, in the city of New York, with the board of elections.


Opposite and on the right of the name of each elector signing such petition shall be written his residence address by house number and street name, if any, and otherwise by an appropriate designation, and the date of his signing. Each signature shall be made personally by the one whose name is signed and not by another. No signature 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 No signature shall be withdrawn after the petition is filed.


At the bottom of each sheet of the petition shall be a statement, signed by a duly qualified elector of the city, with his residence address, stating that every signature on that sheet of the petition is genuine and that to the best of his knowledge and belief every person so signing was at the time thereof a qualified elector of such city, that their respective residences are correctly stated therein and that each signer signed the same on the date set opposite his name. Such statement shall be sworn to before an officer authorized to administer oaths within such city.


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.


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.


Upon the due filing of such a petition, complying with the foregoing provisions, such questions shall be submitted in accordance therewith. If the petition be filed with the city clerk, he 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.


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 procedure 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 city at a general election as provided by law.


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 alcoholic beverages in such city 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 city contrary to such vote, until, by referendum as hereinafter provided for, such sale shall again become lawful.

Last accessed
Dec. 13, 2016