2012 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 9 - (140 - 147) LOCAL OPTION
142 - Local option for cities.

 
    § 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 No  signature  shall  be  withdrawn  after  the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,  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.