NY Alcoh Bev Ctrl L § 141 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 9 - Local Option 141 - Local Option for Towns.

§  141.  Local  option for towns. 1. Not less than sixty days nor more   than seventy-five days before the general election in any town at  which   the submission of the questions hereinafter stated is authorized by this   article, a petition signed by electors of the town to a number amounting   to  twenty-five per centum of the votes cast in the town for governor at   the then last preceding  gubernatorial  election,  acknowledged  by  the   signers or authenticated by witnesses as provided in the election law in   respect  of  a  nominating  petition,  requesting the submission at such   election to the electors of the town of one or  more  of  the  following   questions, may be filed with the town clerk:Question  1.  Tavern  alcoholic  beverage  license.  Shall a person be   allowed to obtain a license to operate a tavern with  a  limited-service   menu (sandwiches, salads, soups, etc.) which permits the tavern operator   to  sell  alcoholic beverages for a customer to drink while the customer   is within the tavern. In addition, unopened containers of beer (such  as   six-packs  and  kegs)  may  be sold "to go" for the customer to open and   drink at another location (such as, for example, at his home)?Question 2. Restaurant alcoholic beverage license. Shall the  operator   of  a  full-service  restaurant  be  allowed  to  obtain a license which   permits the restaurant  operator  to  sell  alcoholic  beverages  for  a   customer  to  drink  while  the  customer  is  within the restaurant. In   addition, unopened containers of beer (such as six-packs and  kegs)  may   be  sold  "to go" for the customer to open and drink at another location   (such as, for example, at his home)?Question 3. Year-round hotel alcoholic  beverage  license.  Shall  the   operator of a year-round hotel with a full-service restaurant be allowed   to obtain a license which permits the year-round hotel to sell alcoholic   beverages  for  a  customer  to  drink  while the customer is within the   hotel. In addition, unopened containers of beer (such as  six-packs  and   kegs)  may be sold "to go" for the customer to open and drink at another   location (such as, for example, at his home)?Question  4.  Summer  hotel  alcoholic  beverage  license.  Shall  the   operator  of  a  summer  hotel  with a full-service restaurant, open for   business only within the period from May first to  October  thirty-first   in  each  year,  be allowed to obtain a license which permits the summer   hotel to sell alcoholic beverages for a  customer  to  drink  while  the   customer  is  within the hotel. In addition, unopened containers of beer   (such as six-packs and kegs) may be sold "to go"  for  the  customer  to   open and drink at another location (such as, for example, at his home)?Question  5.  Retail  package  liquor  or  wine store license. Shall a   person be allowed to obtain  a  license  to  operate  a  retail  package   liquor-and-wine  or  wine-without-liquor store, to sell "to go" unopened   bottles of liquor or wine to a customer to be taken from the  store  for   the  customer  to  open  and  drink  at  another  location (such as, for   example, at his home)?Question 6. Off-premises beer  and  wine  cooler  license.  Shall  the   operator  of  a grocery store, drugstore or supply ship operating in the   harbors of Lake Erie be allowed to obtain a license  which  permits  the   operator  to sell "to go" unopened containers of beer (such as six-packs   and kegs) and wine coolers with not more than 6% alcohol to  a  customer   to be taken from the store for the customer to open and drink at another   location (such as, for example, at his home)?Question  7.  Baseball  park,  racetrack,  athletic  field  or stadium   license.  Shall a person be allowed to obtain a  license  which  permits   the sale of beer for a patron's consumption while the patron is within a   baseball  park,  racetrack,  or  other  athletic  field or stadium where   admission fees are charged? 2. Upon the due filing of such petition complying with  the  foregoing   provisions, such questions shall be submitted in accordance therewith.3.  The  town  clerk  shall,  within five days from the filing of such   petition in his office, prepare and file in the office of the  board  of   elections,  as  defined  by the election law, of the county, a certified   copy of such petition. Such questions may be submitted only at the  time   of  a  general election. At least ten days before such general election,   the board of elections shall cause to be printed and posted in at  least   four  public  places  in such town, a notice of the fact that all of the   local option questions will be voted on at such  general  election;  and   the  said  notice  shall also be published at least five days before the   vote is to be taken once in a newspaper published in the county in which   such town is situated, which shall be a newspaper published in the town,   if there be one. Whenever such questions are to be submitted  under  the   provisions of this article the board of elections shall cause the proper   ballot  labels  to  be printed and placed on all voting machines used in   the town in which such questions  are  to  be  submitted,  in  the  form   prescribed  by  the  election  law  in  respect of other propositions or   questions, upon the face of which shall be  printed  in  full  the  said   questions.  Any  elector  qualified  to vote for state officers shall be   entitled to vote upon such  local  option  questions.  As  soon  as  the   election  shall be held, a return of the votes cast and counted shall be   made as provided by law and the returns canvassed by the  inspectors  of   election.  If  a  majority of the votes cast shall be in the negative on   all or any of the questions, no person shall, after such election,  sell   alcoholic  beverages  in  such  town  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 town  contrary  to   such  vote,  until, by referendum as hereinafter provided for, such sale   shall again become lawful.