2023 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.