State Codes and Statutes

Statutes > New-york > Abc > Article-9 > 142

§ 142. Local  option  for cities. 1. 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.    (a) 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 No  signature  shall  be  withdrawn  after  the  petition is filed.    (b)  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.    (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  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.    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  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.    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,  sellalcoholic  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.

State Codes and Statutes

Statutes > New-york > Abc > Article-9 > 142

§ 142. Local  option  for cities. 1. 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.    (a) 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.    (b)  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.    (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  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.    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  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.    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,  sellalcoholic  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-9 > 142

§ 142. Local  option  for cities. 1. 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.    (a) 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.    (b)  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.    (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  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.    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  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.    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,  sellalcoholic  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.

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