N.Y. ABC Law § 142 — New York Code / Act ABC / Article 9 / Section 142
Local option for cities
Status: in_force

§ 142. Local option for cities. 1. Not less than sixty days nor more\nthan eighty days before the general election in the year nineteen\nhundred thirty-five in any city, and before any subsequent general\nelection in the city at which the submission of the questions\nhereinafter stated is authorized by this article, a petition signed by\nelectors of the city to a number amounting to twenty-five per centum of\nthe votes cast in the city for governor at the then last preceding\ngubernatorial election, requesting the submission at such election to\nthe electors of the city of the questions contained in section one\nhundred forty-one, substituting however the word "city" for "town," may\nbe filed with the city clerk or, in the city of New York, with the board\nof elections.\n  (a) Opposite and on the right of the name of each elector signing such\npetition shall be written his residence address by house number and\nstreet name, if any, and otherwise by an appropriate designation, and\nthe date of his signing. Each signature shall be made personally by the\none whose name is signed and not by another. No signature shall be valid\nor counted as to which any of such requirements is not complied with,\nnor as to which the date of signing is more than four months prior to\nthe day of the election. No signature shall be withdrawn after the\npetition is filed.\n  (b) At the bottom of each sheet of the petition shall be a statement,\nsigned by a duly qualified elector of the city, with his residence\naddress, stating that every signature on that sheet of the petition is\ngenuine and that to the best of his knowledge and belief every person so\nsigning was at the time thereof a qualified elector of such city, that\ntheir respective residences are correctly stated therein and that each\nsigner signed the same on the date set opposite his name. Such statement\nshall be sworn to before an officer authorized to administer oaths\nwithin such city.\n  (c) The same petition may be either in one document or prepared and\nsigned in two or more documents. Such documents shall constitute one\npetition and be filed as a whole.\n  (d) The petition shall also appoint a committee upon whom or any of\nits members a summons, order or notice may be served in any proceeding\nrespecting the validity of the petition or of an election held pursuant\nthereto, and shall also designate the chairman of such committee. The\nresidence address of each member of the committee shall be stated. Such\ncommittee may fill a vacancy in its chairmanship or in its membership,\nand notice of any such change shall promptly be filed with the officer\nwith whom the petition is required to be filed; provided, however, that\nfailure to file such notice shall not invalidate any proceeding under\nthis chapter.\n  (e) Upon the due filing of such a petition, complying with the\nforegoing provisions, such questions shall be submitted in accordance\ntherewith.  If the petition be filed with the city clerk, he shall\nwithin five days from the filing thereof, prepare and file in the office\nof the board of elections of the county, as defined by the election law,\na certified copy thereof.\n  2. The method and manner of submission, preparation and provision of\nballot labels, balloting by voting machine and conducting the election,\ncanvassing the result and making and filing the returns and all other\nprocedure with reference to the submission of and action upon any such\nquestion shall be the same as in the case of any other proposition to be\nsubmitted to the electors of a city at a general election as provided by\nlaw.\n  3. If a majority of the votes cast shall be in the negative on any or\nall of the questions, no person shall, after such election, sell\nalcoholic beverages in such city contrary to such vote or to the\nprovisions of this chapter; provided, however, that the result of such\nvote shall not shorten the term for which any license may have been\nlawfully issued under this chapter or affect the rights of the licensee\nthereunder; and no person shall after such vote apply for or receive a\nlicense to sell alcoholic beverages at retail in such city contrary to\nsuch vote, until, by referendum as hereinafter provided for, such sale\nshall again become lawful.\n