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Hlta ehapter relatinit te canbling er die- order or of aection eleven hundre^d and
forty-alt or of any aection of arti 'a atghti-eight of the penal law commiit' 1 In auch prerr»lses by Ihe holder of a ltc|iio,- tax rertlflfate or hi" agent, or In any prem'sea which have or had any opening tr meana of entrance or passage wnv fo- persona or things between the premisri Where stir »i vlntsHnn ereiirred and t- ) premisea where the trafflc In liquors la m- tendeel to TM i-arrle<l on, and If yei«. H.i date of the latest conviction of any auc-ii person tor surh violstlon; aleo whethc traffic Irf Mquora was artunlly dlscontlniie'I at snid premises by reaaon of any sue li revocation or eeinvictinn; and If yes, tha date when auch trnfflr In Uquora wns ac tually discontinued
». When the neaffal entrnnce to ths premises described In aald stfitement ai those In whi< h trafflc In lieiuors Is to hn carried on Is within three hundred feet, measured In a atralght line, of the nearest entrance to n building or buildings nine- tenths of the enclosed cubic spare of which la occupied for a dn-elling, then shall alao be filed simultaneously with aaid stntement a rnnsent In writing that auch trafflc in liquors be ao cnrrierl on In aald premiaea during a term therein atat- •d, executed by the owner or owners, or by a duly authorlaed agent or agents of aiirh owner or ownera of at lenst Iwo- thlrd« of the tolal number of surh build¬ ings within three hundred feet so occu¬ pied aa dwellings, nnd acknowledged as are I'leeda enlltled to be recorded, except that Mch consent ahall not be ree^lred In rases whera auch traffle In liquor waa ar¬ tually lawfully earrlad on In anld prem¬ ises ao described In anld stntement on the twenty-third dny of Marrh, eighteen hun¬ dred and nInety-sIx, nor ahall such con¬ sent be required for any place described In said etatement which was occupied ns a hotel on aald last mentioned date, iicu- wlthstandlng aurh trnfflr In llcjuors was not then carried on therent, nor shall smh consent be rcpilred In cnses where traffle In liquors Is to he enrrled on only under subdivision three cif section eight of this chapter. Uhene.-nr Ihe consents shnll hnvo been oht.Tlned nnd flleel as requirel bv law at the time of such filing unleis tho same be given for a limited term, no further or other consi-nt for traffic-king in llciuor on sue h premises shnll he requiiel ao long ns nue h premises shnll be eontiiiu- ously occupied tor such trallir.
I 7. Serllon seventeen of said chaptei thirty-nine of the laws of iiinedeen hun¬ dred and nine, ns amended hy cliapler four hundreel nnd nlnely-four of ilie laws of nineteen hundreil and len n'ld ehapter one hundred and sixty-eight of the laws of nineleen hundred and tliirte.-en. Is hereby amended tn read as follows:
I 17 The payment of the tax and 'ssuing of Ihe tax certilieate; siininier luitels In towns. When the provisions of sections flfleen nnd sixteen of thla chaiiti-r have been rnnipllecl with nnd the aripiicaticiii provided fnr In sedlon fifteen Is fnund to he currect In form and doea not show on the fare therecif that " t npplli-.int Is pro hllilted frnm trafflcklng In llciuor und.t the subdlvl-Mfin of section eitrht uiidei which he applies, nor nt the place where tho trafflc Is to be carriel on, and fbe boii'l required by section sixteen Is found to be correct as to Ils form and the suretlc,, thereon are approved as sufflcient by tbo eounty trensairer, or by the apclal depiilv rommlsshiner nf excise. If there be oi". then upon the payment of the t.axes levied under section eight of this chapter the eounty treasurer of the rounty. or the spe¬ cial deput.v cxjmmlssloner of excise, if there be one. or If the application be made under subdlvislrin four or flve of secllon eight of this chapter. Ihe sal^I commission cr of excise shall, at leaat two days be¬ fore fhe commencemenl of the period fir which the tax la paid, or. If the iierinil fnr which the tax ta paid haa already cnm- monred, at once prepare and bsfuc tn Hin person making such appllratinn nnd flilir-- such bond ami paying such lax. a liquor tnx certlflrate In the form provided for in this chapter, unlesa it siiall appear by a certified copy of the stntement of the re- salt of an election held on the question of loral option, pursuant to .seetion lliir- teen of this chapter. In and for the town where the aiipllcant proposes to trafflc !:i liquors under the certificate applied for, or by mnterial facts set forth In a cer tiflrate under the hand and aeal nf the Btate rommlsalnner of excise, cm file ir^llie offlce of the special depuiy commissioner or rounty n-ensiirer, thnt the liquor tax rertlflcate npr'Iied for cannot be lawfully ^eld by the applicant or nt the prem:s'.3 menflnned In the application as the phic" where traffic In Uqunrs is proposed to be rarrled on, or tinleas il shall appear bv the report filed pursuant to section thirty two of tills chapter with the special depu¬ ty commlasloner of excise or cnuuty trea.-*- urer to whom the application Is made Ih.ii such liquor tax certiflrale eannot be law¬ fully granted, or unless It shall appear by a notice duly tiled with the certincnte .»- auing officer pursuant to the pro\^sinns nf aubdivlsion nine or ten of section eight of this chaplor that such trafflc haa been abandoned a.t the premisea described l-i the uppllcatlon statement, or unless tlie trafflc la prohibited at auch premiaea by virtue of the provlalona of subdivision nlno or ten of aaid aection eight. In which case the application ahaJl be refused.
If a llqunr lax certificate be Issued in any town to a person, persona or corpora¬ tion for tho trafflc In liquor under aub¬ divlsion one of section eight of this chap¬ ter. In connection wilh the buainess of ',<eeping a hotel for the aconmnioelalloii of guests v^urlng the summer montlis, auch certlflc; te ahall only aulhorlr.e (he trafflc In lieju ire st auch hotel during the ;»erlod frem niay flrst to October thiifv- flrsi, *>e>.', ln.-luslve, succeeding the Issu¬ ance of siir'.i certlflcate. Such certlfleatii may be Issued by the certlflcate iasuliu; offlrer of the county In which such town la situated, on application being ni:iile therefor and upon the fliing of a bond ,-ia provided in this chapier, and upon the payment on or before the suld tlrat dav of May of one-half of the annual tax ns aesned upon the businesa of trafllcklng In liquors in auch tovvn under subdivisinn ono of section eiffht of this chapter The hold¬ er of a certlflcate an Issued shall not bo entitled tu rebate of any part of the tax ao paid upon tbe .surrender nr cuncellatlon of such certlltc-aie. as provided In sectlnn twenty-four of llii-i chapter The tenn "sumnier bolel ' when used In this lUi means a hotel having not less than thirty beelrnnms, exi-iusive of those occupied bv the fnmily aiul servants
I 8. Subdivialoii four nf section twenty- three of said chaiiler ililrty-nino of tbe laws of nineteen huudred und nine, aa amended b.v cbapter seven hundred ami four of the laws of niiied cn hundred ami ten, chapter six hundred and foriy-lluee, of the lawa nf nineleen hundred and eleven, and chapter aix hundred and flf¬ ty-four of the laws nf nineleen hundreel and fifteen, ia hereby amended to read us followa:
4. In any premises or in any yard. booth, garden or other place appertaining thereto or connected therewith which any person while the holder of a llejuor lax eertiflcate Isaued for said premises, nr bis agent, luul suffered or permilted to be¬ come disorderlv or In which such person had suffered or i>erniltted any giunbllii'^, or In any premisi-s w hlch have or had anv opening or meana of entrance or paaHUge- way fur peraons or things between such premises and any other room or place whieh any aucb person whosoever has suffered ur poruiltted to become disorder ly or In which any gamhllng haa been suf¬ fered or permitted, by reason of whldi offense or offeiises any liquor tax cer¬ llflcate haa heen revoked or any such per¬ aon has been convicted of a violation of the provisions of clause o of section thir¬ ty of this ehapter reUling to gambling or llsorder. or of section eleven hundred and forty-six or any section of srtlcia eighty- Mgbt of tha pawal law, until ona year
from the toto ot the entry of tha order revoking a eertlfleata or fhe judgment of conviction for such violation, notwltii- ttaadlng st the time nf any such conylr- tlon there be an. unexpired llquer tax re.-- tificnte Isaned for aald premises not f r- felted hy reaaon cif such con vie-ilon or notwithstanding at the time of such revn- eatlon or convletion the aald prem.ses hi not certlflested for Irsfflr In liquor*; pro¬ vided thai tbe sale! period of one venr shall be rnmiiiited from the date of l::,i sctuni discontinuance of the irAfflr In Uquora at the premises hy reason of a,i such revoe-atlon or conviction, and anv peilod of time BUbsequent to surh revc, a- tlon or oonvietliin during whirh auc., trafflc la not disrontlnued. wliether b;. reason of the existence of e stav or In Junction order or the jiende le-y of any ac¬ tion or proceeding, or otherwise, ahall noi be deemed a pnrt or portion of the saici period of one year; provided further that If after the discontinuance of tbe sale of liquor at any premiaea for a perl,id of one year because of the provisions eif this sec¬ tion, tfie anle of Itejuora Is resumed at saicl premises umler a right of (i nffir iraus- ferre<l thereto, it shall not be necessary in renew con.senta prevlouaiy obtained .\nd flled under suMlvlsion eight nf se, tmn flfteen of this chnpter
i ». Sulidivlalon one of section twenty- four of said ehapter thirty-nine of tho lawa of nineteen hundrad nnd nine, as amended by chapier flve hundred and three of the laws nf nineteen huudred an,! ten, and by rhapter four hundreyl and eight of the laws ot nineleen hundreil ami eleven, la herehy amended to rend ns fnl¬ lows:
I 24. Rurrender and cancellation of liq¬ uor tax certificates, payment of rebates notl<<e to police officials. 1. If a person holding a liquor tax rertlflcate nncl nu Ihorlied to sell liqunrs under Ihe prnvl- Bloiia of this chapter, agaiimt whom no complaint. proHecuHon, nction or preiceed¬ ing is pending on account of nny vleiln- tloii thereof, nnd who shall not have vii- lated nnv provision of Ihls e bapier during the excise yenr for which such certifiraie was Issued, shnll volunfHrlly, and before arrest or Indictment for a violation of (t- s chapter, eea.se to trnfflr In liquors durUii' the term for which the lax Is paid under such certlflrate, such person or his dulv- nuthorlzed nttomey mny surrender sin h (ax certlltcafo to the officer who iisucu the same or to his successor In nfflce prei- vl(fe,il that sueh tax certlflcaie shall liave nt least one month to run at the time of sueh surrender; nnd provided that no re¬ bate shall be allowed nr paid upon Hie surrender nnd rnncellation of a certiflc.-it. l.-wued umler subdivisions three, flve. si-: or seven of soc-tlnn eight of thirf chapier. nor upim tbe surrender .and canrelUiti .ii of a eertillcate Isaued under suhdivisi u ono of such sectlnn for trafncklng In liq¬ uors In connection with the biisini'ss of keei inK a hotel, other Ihan a hotel con¬ tnlning less th.an one hundred bedronms. exclusive, of those nrrupled by the fniiil'. ,-meI servants. In eltle'S of the flrst ami second i-bi.'weB. or a hmi "-rvtalnlng les; than thirtv of nuch beslrooms in cities of Hie third ciass. withnut the conseni in writing, duly executed and acknowledgocl. to such surrender or cancellntlon, of Ihe owner of surh hotel, and provided fur¬ ther, that the rebate thereon shall b" computed for full months, le.'»a flfteen d'1- lars. on any <-erliflcate Issueil under this chnpter, in an amount equal to the tnx for the hiil.ance of the excise year, commenc¬ ing with the first day nf the month siie- coedlng the one In which such certincaf,, Ib surrendered, unless such surrender be on the flrst day of (he month: and at llie s.ame time shall present to such offlcevr n'
, verlfled pelKlnn selling forth all fads rc eiuired to be shown upon such appllcatien: and, exeept in (lie caae of a rcrtiflcale issued under subdivision four of scctim eight of tills chapter, a consent In writin- duly exec-uted nnd acknowledged by an' person to whom such certificate! may liivn beon tr.ansferrc'd or assigned .as coll.ater I soc-iirlty for iiioneya loaned or any ollie- ohllgallon Incurred. S.-iid offleer slmll thereupon compute the amount of rob (c then due on said certificate for tlie unex¬ pired lerrn thereof, .ind ab.all execute ciu- pllrate receipts therefor showing the nauH-
. nf the persnn to wiiom such cerllHeai, was if»Pued. the niiniber thereof, d.,!:-, when Issued, amount of tax paid there¬ for, nnd the date when surrendered f r rancell.ation, together with the ammj i' of rebate due thereon at such date as computed by hlin, the name of the per son entitled to receive the rebate, the |., callty liable for one-half of audi rebi'e. and the name nnd tllle'nf the flsrni nfll- c.er tlierenf. One of such rec-eipta said o'- flcer shall deliver to the i>craon enliHe' thereto, and the other of such receipis In- shull liiiiiie<liately transmit, with the siir- rendored cor(lflca(e and the i>ctitlon fo; the caiu'eilalioii thereof, to the stale i-oui mlHsioner of excise. In case of the sur¬ render or cancellation of a liquor tnx ec- llflcale as above provided, the place f, r which sMch certlfli-nte was Issued siiall 1, deemed iibMidmed aa a place for the .sile of liquors and the privilege of a renewal of tlie llciunr tax certlflcute for auch pla, shall be deemed to be waived. If wit',in thirty days from the date of the receu't of such certlflcate by the state coniinis¬ sloner of excise, the person surrenderlti;; such certlflcate shall he .arrested or in dieted for a violation of this chapter, or proe-eetllnns shall be Instituted for tl.'' cancellation of such rertiflcate, or an ae¬ tion sh.all he commenced against hini for penalties, such petition shall not be grant¬ ed until the flnal iletermlnation of sudi prcK-eedincs or action; and if tho said pe¬ titioner be convicted, or said nclion or proceedings be determined against hin. said certlflcate shall be canceled and aii retiBte thereon ahall be forfeited. If ti.,' holder of said certiticate, aulhorized to aell lieiuors under the prnvlatcins of this ih.uii- ter, ahall have ceaaed to tratfli- In llqun-s upon the surrender of said cerllflcate ami no complaint, prnsecution, aclloii iir pr i- ceedlng sliall be pending against him ,iii account of ony violation of this chapte- and he shall not huve violated any piovi- sion of this (hapter during the excise year for which euch certlflcute was issued. Hie slate commissioner of exc-iae ahall pre¬ pare two orders for the payment of su, li rebate, one orcler for the one-half there of, directed to the state treasurer. In b ¦ puid by him. on the certlflcaie of Hie comptroller, and one onler for the oiie- hulf at suih reliute. directed to the fls, .1 officer of tho proper locality, to be pa 'I by such llscal offleer out of any excise oi¬ other mone.v s of auch locality appliiiible thereto. If he have no auch monevs of such locality in bla poasesslon or under hla c-ontrol. then Hie said flse-al offli ei shall at once borrow enough money un ii the credit of the l(K-aIltv. and he Is here¬ by uuthorized so lu dn, (u pay said order, und shall pay (be same Tho money si borrowed shall be a lawful claim aijfainsl such loe-ulitv, to be puid ua are other le¬ gal claima. The afore8.'ild ordera, or tha onler nn (he suld flsoul officer and Ihe check of the stute treasurer for aald nne- half of such rebate moneys, shull he Iransmitted to the officer who Issued sui-b canceled certlflcate, or to hia successor in offle-e, to be delivered to Ihe holder of the duplicate receipt upon the surrender nf such receipt, which receipt ahall be lin mediately tranamltted to the said stai- commissioner Any rebate mo'ieys due o:i the cancellation of certlflcatea Issued by the stale commisaioner of excise under subdivision four of section eight of this chapter ahall be paid by Ibe atate treas¬ urer from any moneya applicable therelo. on the certlflcate or check of the atate commlaaloner of excise, countersigned by the comptroller If a corporation, asso¬ ciation or copartnerahip holding a liquor tax certlflcate ahall be dissolved, or a re¬ ceiver L>r aaalgnee be appointed therefor or a receiver, aaalgnee or cooaoaittee of the property of a person hoMWig o li<|Uor tai aartlAcat* be appolnled daitng tha Uiat
for wh^eh a«eh rertiflcste waa granted, or a persom holding a liquor tax rertlfl- rtar* sh.ill die during the term for which sueh tax certlflente was given, such cor¬ poration, asaoeiation, ropsrtnerahip nr rea relvet- or aaalgnee, or the admlniatrator. •r execiitnr of the estnte of aurh person. or ethe person or persona who may suc¬ ceed to such business, or a committee of the property of a person adjudged to be Incompetent, may in like manner surren¬ der such liquor tax <>ertlflcate; er thay m»,v continue tet rarry on surn husiness upon such premises, for the t>alaii( e of the term tut which such fax was paid nnd the certlflrate given. Wifh the same right nnd .siAJrert to the snme restrict ons nnd llnliilitles a* If such persons had been Hie original applicants for nnd the orig Inal ownera of smh liquor tnx rertlflcate. upon fliing n statement and hnnd, ns pro¬ vldeel by sedions flfteen nnd sixteen of this chapter, and, except In the rase of a certlflente Issueil under siibillvialon four of aection eight of this fhapter, a consent In wrltlnfc executed and acknowledged by any person to whom such certlflrate may have he»n trnnsferred or assigned as col¬ lateral security for moneys loaned or any other obiigntlon Incurred, and not other¬ wise; but the liquor tnx certificate under which such business Is carried on shall hsve written or stamped across the face of ttl*- snrne. over Ihe signature of the officer who issued the same or hla aur- resBor In nfflce. the words '(here insert the name of the person l Is permitted to traftlc In liquor aa (here Insert the repre¬ sentative lapnclly whether as assignee, re¬ ceiver, executor, admlnistrntor or olher- wlsea of the origlnni owner of this certifl- cato for the unexpired term thereof '
I 10 flection twenty-six of surh rhnpter thirty-nine of the laws of nineteen hun¬ dred nnel nine, na amended by rhnpter four hundrrd nnd seven of the laws of nineteen hundred nnd eleven. Is hereby nmended to read as follown:
9 111 \'oluntfiry sale of Ibiuor tnx cer¬ tlflente: chniiging the plac-e of traffle. The |M»isnn fo wlicini any liquor tax certificate is issued, except a certlflcate Issued un¬ der siilidlvlsioiis three, five or six of soe¬ tion eight nf (his chapter, or his duly au¬ thorized ntlorney, mny- sell, nssign nnd transfer such iiqiior tax certlflcate during the time for which It wns grnnted (o nny persnii not forbidden to trafllc in Uquora uneler this e hnpter, nor under Ihe suh- elivlsion of section eight under wblch sue h cert ilieate was issued, who mny there¬ upon carry on the tiusliie.sa furwhich sudi lie)iicir tax rertilicate was Issued iipnii the premises descrilied therein, if such trafflc la nnl iirnliililled therein by this ehapter, eliiring the b.ilance nf the term of such tax iittincate, with the same rights, and siilijei-t t'l the same liabilities ns if such Iierson were an original npiilicaiit for smh certlflc-ule und the eirlgiual owner tliereeit, upon the making and tiling of a in w ap¬ plication ami bond by smh purchaser in the foi-m ami as proveih d fnr by aeetlons lirteeti and sixteen of this cbapter, and a c-onsent in writing executed and acknnwl- eiUrccl by nny person to whnm such certlfl, eate may have been transferred or as¬ signed as colhiteral securit.v for moneys loaned or any other ohligatlon Incurred. anil the presentation of the tax certifl- e-afe to tho oflicer who issued the same or to his successor In ofllco, who shnll write or st.imp across the face nf the certificate liver his signature the words "consent ia hercb.v given for the transfer of (bis liq¬ uor tax eertiflcate lo (and here Insert Hie name of the corporatlein, nssodalion. co¬ partnership or person to which or tn whom tho same is transferred i"; provide<l, how¬ ever, tbal no such aale, assignment or tniiisfer shall be mado except In nccnrtl- ane-e with tlie provisions of this chapter, ' nOr permilted by any holder nf n certlfl¬ cnto who shall have heen convicted, or bo miller Inilicfmenl or against which or whom a eomiilalnt under oath shall have been mnde. and bo pending, for violating the provisions of thl.s chapier or who shall have vlnlaled any provision of this chapter. Nor be permitted by nny holder of a certilieate whose asent or emplnyee sh.all have been convlctesi or he under in¬ dictment or ngalnsl whli-h or whom pro¬ ceedings have been Instilutecl nnd are pending, for any of th© offenses specilied In suliillvision seven of section thirty-six of this chapter. If. however, the person to whom such liquor tnx eertiflcate was sold, assigned and transferred, shall not ilesire to trafflc in liquors in the jiremisi s for wlilcli said liquor tax certlflcate vvas issued, but shal! desiro to transfer to and carry em such luislness for which the li'i¬ iior tux certilieate wa.s i.ssued In otli, r premise.s than those deslgnatc-el In the orig;iiial application and In tbe tax (-I'rtlfi- cate. bill in Hi« same city, borough or town and in premises wnere such traflic is not iirohiiiili'd liy this chapter during Hie bahinco of Hie term of such tax certificate Willi the same rights and subject to the same liabilities as If such person were an .oriKinal applicant for Biich certilieate ami the original owner thereof, upon the mak¬ ing and tiling of a new applic-ation and honij in the form provided for in sections flfteen nnd aixteen of this chapter to traf¬ flc in liquors nl said other premi.ses. and a consent in writing executed and ac- knowieeigecl by any person to whom smh eertiflcate may have been transferred or assigned as cnllaleral security for moneys loaned, or any other obligation incurred, and the prejeentatlon of the liquor tax certificate, the offleer who issued tho same, or liirt successor in offlce. shall write or stamp across the f.ace of the certlflcate over his signaliiro the words "consent Is herehy given for the transfer of thla liq¬ uor tax certlflcnto to (anel here Insert the name of the person to whom the same la transferredl nnd the trafflc In liquor pei¬ mitted to be carried on tinder this certlfl¬ cate is herehy transferred from (here in¬ sert the description of the original ioeal- i(.v) to (here insert the doscription of the new locall(y) ". For each Indorsement un¬ der sections twenty-four, twenty-flve nnd iwciuy-six of this chapter, the officer mak¬ ing the same shnll charge and receive the sum eif twelve dollars 'and flfty cenls to be paid by the applicant, which sum shall be apporiioned and accounted for as nre taxes, as preivlded in sections len and eleven of this chapter.
i 11. Section twenty-nine of said chap¬ ter tlilrty-nine of the laws of nineteen hiinclreel-and nine, as nmended by chapter three hundreel and seven of the laws of nineteen hundred and ten and chapter two hundred and twenty-seven of the lawa of ninetoeii hiindre<l and flfteen, Is herehy umended to read aa follows:
9 Lfl I'ersona to whom Ile|uor shall not be sold or giv^i away. No corporation. uBSCMiation, copartnership or person, whether taxed under this chapter or not. shull sell, deliver or give away or cause or |iernul or procure to be pold, delivered or given away uny liquors to:
1. Any minor under the age of eighteen :,ear»; nor to such minor for any other person;
2. To any intoxicated peraon;
3. To any habitual drunkard or know¬ ingly to a person who haa been convicted during the preceding y^ar of public In¬ toxication:
4. To any Indian:
6. To any person to whom such corpora¬ tion, assoclallon, co-partnership or per¬ son may ba forbidden to aell by notice In writing from the parent, guanllun, hus¬ band, wife or child of such person over sixteen yeurs of age. or by a magistrate or overseer of the poeir. peace oltloer or conatable of the town, or by the mayor, chief of police or police Justice of a city or by a probation officer or parole officer, provided, however, that auch notice In writing by a magistrate or overseer of the poor of the towa ahall apply only in the caae of a peraon who la wholly or ' partly a charge upon the town, which fact ahall be stated In aucb notice: and that auch notice In writing by tha mayor, chief of police or police justice of a city or conatable or peace oflicer ahall apply [ only In the eaae of a person who haa tieen ', convicted of a felony or mtadaaeajiior > flve or more timaa or who haa been con¬ victed of public Intoxlcatloa witbla tha
prtt^irtgfont7 which ^rt ahall ha Mat¬ ed In aafd notice! and ttiat aueh notloa In writing hy a pMharion Mfleer or parole otflcer ahnll s|>ply r>nly In the case of a peraon who haa been placed on prohnflon and Is under the mfpervlalon of such pro¬ bation offlrer or parole officer
n To nny person confined In or com¬ mitted to a atate prison. Jail, penltentlai'l'. houae of refuge, reformatory, pratectory Indii.strlnl school, aaylum or st«|^ hos pItnl, or any Inmate of a poorho nny patient In any colony or Inst eatablished f'lr the care or treatme epileptics, or any patient atferled tuberrulosia In a rnmp, colony or h sstablhihrd by stnte. eounty or mnnl pal nuthority and under the mnnngemen and control thereof, except upon written prescription from a phvairf^ to such institution colony, cnmp or h' pital, specifying the cause for which siictt preecrlption I' given, tbe quantity and kind nf liquor Which Is to he furnished, the nnme of the person for whom nnd Iho time or times nl whb h the same shall bo furnished. Such prewrlpHon ahall not f a msde unless the phystrlsn la sntisflrd Ihnt the Iliiuor furnished Is nei-easary for the health of the person for whose use It la prescribed, nncl thnt fart must be stateel In the prescript lon:
7. To nnv peraem while a passenger on a railroad car or other public ronveyanre on land or wnter, oprrnfed for the accommo¬ dation nt the traveling public nnd used or wriipled nt the time the aald liquors nro sold delivered or given away by other pnssrngere; nor shall such liquors I a drunk or be offereel or attempted lo be given to any passenger on such car while so used or occupied by other passengers, provided, however, that the previsions hereof shall not apply to the sale of liei¬ uors under a liquor tax certlflente Issued as provided In siibillvision four of section eight of thla rhapter A person vIolnlinT tne provisions of this subdivision mny bo exriiiilefl or expelled from the car or con¬ veyance by the ofTlf ers or employees of tho person, persona or cOrpOrntrons oji-
i ernting sueh rnr or public conveyance, I nnel if so exrlnded or expelled the person, persons or corporation operating surh c:r or conveyance shall not be subject to or Ibalile for damnges eaii.sed by such exdu- slnn or expulsion. In a civil ne-tlon brought, hy the person so excluded or expelleil.' The officers or e-upioveca of the person, persons or corpoi .it inns operating such car eir public eonvevancs shall refuse t > , permit a person who is intoxicated to riiiee upon siii-h car or piiTdlr conveyance, ami shall exclude or expel an intoxicated per¬ son from such rar or f-onveyance
8. Tn any pi-rson, other thnn th© holder of a llciuor lax lertillc.ile Issued under siihellvlalnn flve of se»ction eight of thi.n chapter, with knowledge or with reiisoii- iilile cniirtc to believe that the person le> whom such liiiuors .-ire so aold, delivered
! or given nv^av, has n'-i|iiired the same fnr tho purpose of pedilllng tbem from plac e to place or of selling, clellvering or giv in ; thnn away in violation of any of the pro¬ visions of thla chapter,
J 12. Subdivision O of sertlon thirty of such chapier thirt.v-nine of the law.H of nineteen hundred and nine, us amein'ed liv- chapter four hiimlred nnd rlirhty-flve^ of the laws of nineteen hundred and ten and chnpter four limulrecl and ninety-four of the laws of ninel. en hundred nnd ten. is hereby amended to road ns follows:
Ci And It Is further provided that a corporation or n.sseielallon. organized In good faith under chapter flve hundred and flfty-nlne of tlie lawa of eighteen hundred and ninety-rive. or tinder nny law which prior to May sixth, eighteen hiin¬ clreil and ntnet.v-flve, provided for the cr- gnnlzntlon of scx-ietles or clubs for soci-il. recreative or similar purposes, and which corporation or association was actually Lawfully organized nnd if a corporation, its certlflrate of im nrporation duly flled. I>rlor to March twenty-third, eighteen hundred and nlnety-sIx, nnd which at sueh date trafficked In or, distrihufed llii- \iors among the members thereof la ex¬ cepted from the prov-lslons of clniises A, rt. C nnd n of this section. And the pro¬ visions of clause I! of this secllon nre suh- jec-t to the following exception; In cities on the presciitaHon by the holder of a llciuor tax certilicato under subdivision one of section eight of a permit for (raf- fleking In liquor during the designated hours of one or more specifled days, ex¬ cepl Sunday, and .at a place specifled. granted and signed by the mayor of Hie city, and the payment of a tax. to lie distributed as are taxes under subdivision four of section eight of this chapier. of twelve dollars and fifty cenls for each single day. or at the rale of thirty-one dollars nnd twenty-flve cents fnr the lie- rlcjd from one o'clock in the morning on Tuesilay In cities of the flrst and seiond class, and from twelve o'clock midnight Monday In cities of the third class to nnd including not later than midnight nn Sat¬ urday of each week, the special elepiilv e-ommlssloner of excise of a county or borough having such offl(-er. or the c-ciiintv treasurer of a county not having sueh special deputy commissioner. In which the premises of the applicant are located shall Issue a special certlflcate for the sale of llcpior at the place during the timo so specifled, which certlflcaie shall be in the form prescribed nnd furnished b.v the slate commissioner of cxcl.se; pro¬ vided that whenever such permit shall have been granted, signed by the mayor anei flled wltli the special deputy commis¬ sioner of excise, of a county or borough having such oflicer. or the county treaa- iiisir of a countv not having such special deputy commi.ssioner. In which the prem¬ ises uf the applicant are located, such permit shall eontlnuo In full force and effect until Hie expiration of such liquor tax eertiflcate. or until the same shall be canceled in a civil proceeding, or forfeited, or voluntarily surrendered for cancellu- tion ahd rebate, unless such permit shall he revoked by a written Instrument sign¬ ed by the mayor of such city, and liled with the state commissioner ot evd.se,
{ 13. Secllon thiVty of such chapier thir¬ ty-nine of tlie laws of nineteen hundreel and nine, ns nmended by chapters four hundred and eighty-five nnd four hun¬ elred and nlnet.v-four of the laws of nine¬ teen hundred and ten, and chapter twc> hundred and sixty-four of the laws of ninetoen hundred and twelve. Is herehy amended by adding at the end thereof a new subdivision, to bo known as aubdi- vision P, nnd lo read as follows:
I', It shall not be lawful for any person persons or corporutlejn. either huving or not having paid a tax as provided In sec¬ tion eight of thi.!} chapter, atid either 4old- iiig or not holding a liquor tax certlflcate Issued under thla chapter, to sell, offer or expose for sale or give away liquors In any eiuantity. to be taken away from the premises where told. If such person, per¬ sona or c-orporatlon shall have knowledge or ahall have re«s*in to believe that such liquors are to be sold, delivered or given uway to or by any person in u city or town wherein the business of trafflcklng In liq- uoia under sulidlvlslons one. two and three of such sec-tlon elglit la prohibited by rea¬ son of the result of a vote on local option questinns. and it shall not bo lawful for a person to hnve lieiuors In any quantity In his iKisseaslon In any city or town where trafficking In Uquora la ao, pro¬ hibited under such Bubdlvialons, except when prescribed .by a duly licensed phy¬ aieian for the medicinal use of such per- i^cin or of some other person for whoic siidi liiiuorg were so prescribed. It :s hereby lurther provided that It ahall be unlawful for a (lerson. asaoeiation or cor¬ poration to accept for delivery or to de¬ liver Uquora In any quantity to any per¬ son in a town or city wherein the busl- fesa of trafficking in liqu(>ra under sub- dlvlsionM one, two and three of such sec¬ tion eigh: is prohibited by reaaon of thr result of a vote on Itx-al option quesliona The result o'f a vote upon a local option queatlon or queatlona In any city or town or any proviaion of thla chapter or other statute shall not InipaJr or affect tbs right of a peraon to manufacture ilquore there¬ in nor tu poaaiaa or atore In auch town or city Ibe liquor* ae manufactured, not
LEUAI. MOTirES
prevent sm ti innnn, . lui-.r Imm •Mpplng and delivering an.v sm i. hiuois ln,o a town Or city In vJh., h t'.ie -ir.e e f .m h lie uors Is not pfobit Itr-el na tl-re t-esnlt ef a locnl optlofi vote, nnr tn prevent a l^an^¦ action of aale. within the lown or e.iv where the liquors nre maniifactm-ed, tor such oiiti»lc!e l.e 'iverv .
I 14. Subdivision e» \ er* of sertlon Ihirtv- slx of aurh I hapier thirty-nlie of the lawa eif ninoiecrr bill dre d uni ^irie, ns a'-'eti ie i by chapter four hundred and eiglily-flve of the lawa of nbut'-in hiinilrc'l :: d leu Is hereby furlher nnaended to reid ns fo, lows:
If the holder of nny llnuor tnx cer- iflcate shall be ei-uided of kfci'liig a irderly house in violation of se ;ion Eleven hundred and fortysix of the penal law, or in violation of nny miinieipnl oroi- nnnco presc-r.bing the same or any smi.ir offense, or be convicted of nny ofi'e;, e presc-rlb!--d In nrfk-h-s eigJity-elght or ono hundred nnd tbirfv of Ibe penal law, or tie eonvieied of Ihe s,-,me or nnv sl-rra- offense preserilied In nny niui.idpnl cino- nnnce. or be eonv i- teii of anv fcloiy whatsoever, sild eet^ltlcate ho'lder sliie'l forfe.t any nnel every liqror tax urtifi e'nte held bv bim nt 'br irne of such cnii- vlcflon. and be deprive i nf nil rlrhts an 1 privileges thereunder nnd an; perron to whom any certlflente' for Ihe premises Bt which snch offense was inmnilttcil t'tai'
I have been transferred after fhe ceimrrl- alnn of sueh offense and before the eon- vle-tlon therefor sha'l forfeit sii'-h certif:- e ate and be deprivi-d of nil rinhls nnd
, privileges thereunder If any clerk, agent, employee or Fervaut of a holder of a liq¬ uor tax eertillcale shall commit nny of such offenses nt a plae e for which a llqimr tax e ertiflcate has hci n Issued, nnd be cnnvlc-ted thf-reof, the holder of such liq¬ uor tax ceiliflrate or any other pergon to whom Ihe snme sImIi h;ive been tra' s ferred before the conviction shall forf'it the same nnd be deprived of nil right" nnd prlvileires thereunder
I 15, Section Ihlriy-Blx nf sueh chapter thirty-nine of the laws of nineteen bii'-i- elreel and nine, ns amended bv chimfer four hundred und eli^hty-llvo of the laws of nl'ieteen hundred anil len. Is hei-dy ameiiileil by iidditiK thereto ,-i new s:;li- divlslnn. (o ho known as subdivision nne and to rend as follows:
!). A cotiviednn of nn officer of n cor poration holding a liquor tax certlflente shall be ecpiivaie-nt to niid-sball be deem¬ ed a conviction of sue-h enrp<i--at'cin within the ineaniiig of nny of the preivisinns of this section.
9 I(i. This act shail tnke effed inimedt ntely.
State of New York, Office of the Socre tary of State, ss : I have e-onpare'I the prereding with th.
;'orif.'inal law on flic iu this (fifliee. ami do hereliy ce rlffy fhat the same Is n roiree* transcript therefrom and of Ihe whole of said original law.
KRANc'IS M. iircn.
Secret,'rv of Slate
LAWS OF NEW YORK—By Authority.
CHAI* 1121.
AN ACT to niitliorize, cities to oeiermfne. by (heir e|iialilied electors, that tr.-fli¦¦!;- ing In lieiuors therein sh ill bo prcihiliid '1 In whole or in part, e:nnstllullng chap¬ ter sixlv-ei.i-'ht of tho (-onsnlidaled l.ivs. Hecame a law May 12, 11117. wilh tlje
approval of the (governor. Passed, three-
liftliM being present. The I'eople of the State of New "i'ork,
representeil in Senate anil Assembly, do
enact ns follclV^-s:
CIIAr'TKIl I'H (IF TIIK C(1NSOMI)ATI':i>
l..\\VS
CITY l.OdAI. OPTION I.AW
Article 1. Slmrl title; definllioiis (5§ 1. III.
2. Local ('iitioii fnr cities (55 .'"i-l-^i.
3. renalties and miscellaneous pro
visions (S5 2(i--i). 1 ('oust ruction: time of taking ef¬ fect (85 3^1. 'M). 'art KM.!; 1. Short Tille: Deflnltlons. Section 1. y.linri title-. 2. Iieriniliiiiis. Section 1. Short title Thi sh.all be known as the 'City Lo Law."
} 2. Deflnltlons. "Liquors." as used in this chapier. Includes ami mi .ins all eli'-- tilled or rectifli d .spirits, wine, feniienied and malt liquors.
"Ferson," as used in tliis chapter, in¬ eludea and melius any c-nrpnralinii. as¬ sociation, oopurtiu rslup or ono or more in¬ dividuals.
"Tratflcking In lieiuois. ' as used iu thi:< ehapter. shnll have tlu; mc-aning ilellncl In seclion two of the liquor lax l.ivv; and "snle" shall Include and mean all sales made by any person, whether principal, proprietor, nrcnt, servant or employee
"Local option territory," as used In this chnpter, means and ahail Include the ter¬ ritory within a city. In which the ques¬ tion stated 111 sec-lion six rfiay be submit¬ ted aa provided in this chapter, AKTIOLK 2. Locnl Option for (titles. Section 6. Local option territory; referen¬ dum in New York city.
6. Local option questions for
oltles. rein I ing to trafflcklng in liquois therein.
7. Petiiinn for submiSRion of lo¬
cal option questions In ritles.
8. The petiiinn; additional re-
c|ulrem»n(s
9. CcintesllnK' validity of petition
10. The petit lein as evidence; certi¬
fied cnliii.s.
11. False statemenls and forgery. 1'.'. NciHce of Kiibniisslon.
13. Ballois: quallflcallons of elec¬
lors: reii;istralinn
14. Conduct of the election Ul. Effect of vote.
Ifi. Second special electlo.i if pro¬ ceedings nre defective.
17. Liquor tax certifleates net to
be Is.s^ied for trafluklng In liiiunr contrary to local cip- lion vote.
18. Expenses.
I 5. Local option territory; referendum In New York city. Kuch elty of Ihe state, except the city of New York. Is hereby c-ciiislitiited local opt ion terrltorv. There .shall be submitted to the eiu.illlled eleetor., of the citv of New York st a special elec¬ tion to he held tliei.-li. .-n (hr third Tues¬ day in April of any year, upon n petition tieing made and flled as horelnnfter pro¬ vided, the following iniestion: "Shall the c-lty of New Vork have tbe right of Inc-al opt ion relative to trafflcklng In liquors and shall auch citv become local option terrltorv?" The petition therefor shall be signed by quallfled elee-tors of such city tn the number of tweritv Hve per centum of the» votes cast In the citv at the pre- eeellng gem ral election and shall be made and filed In the manner prescribed In this article for iKtitlons fnr the submission of local option iiiiestiniis If a majority of the votes east upon smh iiuestioii shall be In the affirmative, such dtv shall beeorije local option territnry and Hie kx-al option eiiiestion herein pmv ided for may be sub¬ mitted at a speci-il dtv election to be held on the third Tuesdav In April of any year thereafter, a« provided In thlB chuplor If a majorltv ot the votes so east shall be In the negntive the remaining provi¬ sions of this chapier shall not apply to auch city, and Kin-h fiueMtion may he ugain Bubmltted at u special election in such city on the third Tuesday in April of each fifth year therenfler. anel not oftener than once In flve years
I «. Local option iniestieuia for cities, re¬ lating to trafficking In lieiuors therein. In any year In which a petition provided for In thla article ahall have been riiilv made and flled. In any c-lty. which Is or shall become local option terrltorv. a apeclal city election shall be held therein on the third Tueadav In AprH and the following queatlona submitted thereat to the quall- ned electors of the city provided that such submission and election therefor ahall not occur oftener tlian once In live yeara In tha city ut Kew Tork nor ofteoe<
chariler li (Ipt ion
fiF-OAf, WOTTrrH.
than Miee kl three veara In any ether
Queatlon I. Belltng liquor to he drank ftn the premises where sold Bhall any person he authnrlaed to trnffie In liquors under the proviaions of subdivision ene of aection eight of the liquor tax law. nnma- ly. by selling llqiK»r to be dninll on Iha premises whers sold. In (here Itisert the name of the city)?
Question 2 fuelling liquor not to be drunk on the premises where aoM. Phall any person be oiifhorl«ed to irafl'c in liq¬ uors under the provisions of subdlvlniorr two of section eight of the liquor lax law. namely, by selling liquor not to be drunk on the premises where sedd. In (here Insert the name of the city)'"
Qiiewion 8 Selling liquor aa a pharma¬ cist on n physlclsna pt^scrlptlon Shall any person be niilhorlced to trnffle In liq¬ uors under the provisions of subdivision three of section eight of the liquor tax law. namely, by selling liquor as a ptiar- maclst on a phyale inn a preecriptlon. In (here Insert the name of the eltyi?
Queatlon 4. Selling liquor hy hotel keep¬ ers only. Rhall an.v peraon be authorlaeel to trafflc In liquors under subdivision one of see tion elgttt of the liquor tax law, but only In ronnectlon with the businesa of keeping a hotel In (here Inaert Ihe name of ths eltyi. If the ma.lorlfv of the votes oast on the first question suhmltteel are in the regatlve
I 7. Petilion for suhmisalon of local op¬ tion questions In elties The petition for tbe submission of nny of the questions un¬ der this chapter shsll ba signed by qunli- fled electora of the c-lty to the number of twenty-five per centum of the votes east In the elty at the pre<-edlng generni ele<-- tlon. It shall be flled not lees thnn thirtv days nor more than fr.rty-five dnys brforei the third Tuesday 'n April with the board or offlrer charged b.v law with tho duty of providing official ballota for a clt,* election held nt a time other thnn the general elertlon. It shall be addressed to gurh bonrd or offlrer and shnll state the cpiea- tlons to he Biibmitted and request their aulunlsslnn Surh petition ahnll be aubject to fhe further regulations nnd restrletlons provided In the next section,
I f. T^e petltiovi; addiilonnl reqiilre- foonl". 1. Oppe-lte nnd on the right of the name of each elec tor signing surh petition f-hall be writien his residence nddreas by house number nnd street nnme. If anv. I and otherwise bv an appropriate deslgna- tlem. nnd the dnte of his signing. Kach slgiinture shall be mnde personally by the < lie whose nanie is signed nnel not by an- cther Nil sii-'nalure shall bo valid or coiinlcHl as to wliich nny of such reqiilre- me,|it.a nre iiof ceimiilied with, nor as tn which the dnte of signing is more than four montlis prior to tho day of tha elec¬ tiun. No signature shall be withdrawn after the petition lo flled.
2. At the bullom of each sheet ot the Iieiition shall bo a statement, signed b.v n duly qnalified eleetor of the elty, with , his resideni-e address, stating that every signature on that sheet of the petitlcm Is genuiiK, and that lo the best of his kiiowl- eclge nnd belief ever.v person sn signing wns n( the time therecif a ciii.illfled elector of such citv, llml their respective resi¬ dences are e-orrectly stateel therein and that each signer siKiied the same on the date set opposite hi.s nnme. Such state¬ ment shiill be sworn to before nn oflleer niitburized In aiiminlster oaths within such cily.
S. The siune petition may be either in cine dcM-ument or prepared nnd signed In two or more consecutively numliered doc¬ uments Such documents shall eon.stltiite one petition und be filed aa .a whole.
4 The petiiinn shall also nppoint a com¬ mittee upon whom or any of ils members a siimmons, order or notice may be Ber\- ed in any prneecilbig respecting the valid- lny of the pellllon or an election held pur- v'laiit thereto, anel shall also designate the e liairman of smh committee, "The resi¬ dence address of eac-h member of the com- ¦rnittew shall be stated. Such committee may fill a vacancy In Its cnnlrmanshlp or In the eommittee Itself, anel notice of any such change sliall iiromplly be flled with the board or oflicer with whom the peti¬ tion is flled. Provided, however, that fail¬ ure to lile such notice shall not Invalidate uny priM-eeding under this chapter.
§ n. f'onlesting validity of petilion. Pro- reedings may bo Instituted nnd maintain¬ ed to contest tho validity, sufficiency or legality of any BUch iielition. In the man¬ ner providi'd by the eleotion law, aa thougli such petition were a certlflcate of noimiiution.
I 10. The petilion ust evidence; certlfled copies. Tho potition. eo verlfled. or a eopy thereof duly ccrlilled as hereinafter pro¬ vided, shall be prima facie evidence that the signatures, statements of residence and dates upon such petition arc genuitie und true and that the persons signing the same wero epialifled electors in Hie city nl the time of signing, t'pon the reciuest of any one paying or tendering to the board of elections one dollar for each hundred or fraction thereof of the namea signed to such petition, it shall be the duty of the board or officer with whom a petition is flled to Immediately make a copy ot such petition, including the signatures and residence addresses, and such dales and attach to such copy a certlfle-ate that it Is a true copy of the original, staling tho day when Buch original was flled "t'pon the request of any one presenting to such board or ollicer a copy of nny such petition, together with a copy of the sig¬ natures and residence addresses, and such dates, and paying or tendering flfty centa for each one hundred names or fraction thereof, such hoard or officer shall Im- modl.afely compnre such copy with tho original and, ufter correcting, attach there¬ to and deliver to such peraon a certlflcate In the form above provided.
5 11. False statements and forgery. A person who. In making the sworn state¬ ment provided for in section eight, ahall knowingly and wilfully awear falsely, shall be guilty of perjury and on conviction thereof be punlahed nct-ordlngly. A per¬ son who forges the signature of any per¬ son upon any petition or statement pro vided for In this article ehall be guilty of forgery In the third detn'ee and on convic¬ tion thereof be punished accordingly.
{ 12. Notice of BUbmisBlon. The bonrd or officer with whom euch petition Is filo<l shall cause notice of the fact that all of ^e IcK-al option questiona provided for in section six of this chapter or In the city of New York the question specifled In sec¬ tion five thereof, will be voted on at such special city election to be published as follows: Once a week for two weeka pre¬ ceding the elertlon in two newspapers published In the city. In the city of New York suvh publicutlon ahall b« made In two newspapers publiahed In each bor¬ ough. If but one newspaper be published In any city, publication ttterein ahall be sufflcient.
) 13. rtallots; quuliflcationa of electora: registration The board or officer with whom the petition ia filed ahall provide and deliver to the election offleera the ne<'- eaaury ballots for the aubmiaBlon of auch ejueations, In ihe manner provided In the election law. The ballot for auch ques¬ tion ahall be In the fortn provided by such law for ballots upon queatlona submitted. A aepurate ballot shall be uaed tt\erefor. Any regiatered elector who would be qual- itle<l to vote fdr city offleera. If such offl- t-ers were to be then elected, shall be quallfled to vote upon auch local option queatlona. Fur the purpose of ascertain¬ ing uiich electora, the reigiatera of electora In the city prepared on the lost preceeling daya of registration shall be uaed, after re¬ vision and correction on the second Satur¬ day preceding the election In the manner provided In the election l0.w. Another re¬ vision and correction of the nigisterB ahall not be made, however, for a- aacond ape- clai election. If any, ordered by the uourt ajiU held within three aooatba after tba third Tueeday In April
I 14. Conduct of the election. Buch spe¬ cial city electiun shall be conducted In aach city by the Jitcorm charged by law with tbe duty of conducting tbe gaaarml aUptloo. Bacapt as otherwiee pravMad
In thla chapter, the pr.'vlsb-ma of law to4 tha taking of a ro,« on other proposltlorn or qnestlons wblrh may, be vxed on by eleefora of the rity r>:»'Tied In the petition, the cnnvsaa and return of such vote by election districts the ranvass of result* so returned, the deierminatlon therefrom of Ibe adoption or rejection ot *tich prop¬ osition or que •tion and the rerllflcntlon an'l filing of statements of the result of sny auch canvass and deierminatlon shall apply In sueh city to the questiona anb- mitled nnder this article. The returna shall be canvassed bv the city board of canvassers as constitute,I by the elect lott law and the provisions of the eleeflnn tamt not > Inconsistent with the provlalona trf this chnpter shnll apply to such elty elec. tion In nddltlon to sny other filing, by law of the statements of result and oar- lifreate of deierminatlon f>f the vote on such question, by tha, canvassing boanl, such board shnll llie n duplicate thereof with the connty treasurer or sperlnl dep¬ uty commissioner of excise then havlnf rh-irge of the Issuance of liquor tax cer- tiflc-ifee In Ihe <-lty or liH a sulslivlalon thereof ,
I IR Effeel of vote If a ma.|orltv of th« votes e-nat npon the loe al option queetlofHB shall he In the negative or If the numbair of votes rnst In the affirmative and In thai reratlve ahall be eeiual on either of atlcTl »|iiestiona, no person shnll iherlWter mty traffic In llciuora or npply for (ft recWr* n liciuor tnx certin<-ate under tha subM- V Islon or subdivisions of section eight ot f the liciuor tax Inw referred to In the qua^ flon or questions upon which the numbar of votes cast In the afTlrmtalva and In th* negntive ahall he reiual or upon which .th« majority nf the votes i-ast shall have baeai east In the negative!, except that the pra vi.'iona of sulidivislon J" of section thirty ' of the liquor tax luw shnll apply to auch eltv with the snme effect na though the e-lt.v were a lown and as though the vote therein referred to were taken under the tircivislona of this chapter. If the ma¬ jority of the votes cast on question num- I tier Iwo shnll be In the nffirmntlve, th# I holder of a llciuor tax ecrtiflcnte under I siibilivislon two of seetion eight of the j liquor tax law. who Is h. pharmacist, ahalt not sell as a pharmacist unless the mfc- I Joritv nf tlie votes cnst on question num¬ ber three la In the ntflrmntlve. Trovlded, I however, lh.it Ihe result of surh vote ftl I ,-inv c-ity, or nnv prov l.slnn of this rhapter, ! shall not prevent a person from mftnufac- i tiKliig lieiuors In BUc-h elty or possessing or storing therein tbe IkiiiorB so manufac- It'iii-d. nor prevent such mnniifaetiirer I from liclllng nnd delivering such Uquora tea ia duly liee used phai-mnclst In such city, j who Is n hnldor of a. lii|uor tax certificate ' oiidtr subdivision three of section eight of I lliis chapier. nor p>event niie-li manufae*" • turer from slilpping and delivering nny j .•^iicli liqii(U-s Into a town ot; city In which the sale of 8Udi liiiuors Is not prohibited j as tho rciailt of a local option vole, nbr prev nt a truisaetion of sjfle. within the clf^ where tho liepiora are mantifKctured. fnr such outside delivery. Tlie stains ex- ' isting In such city nt tbo time such vote Is I taken upon locnl ordioii questions suhmlt- icil shall not be changed until the enat*-. I Ing first day of (Irlnber, prior to which \ time such vote shall neirher aiithorire the I issuanco of liquor lax certlflcatea In ao- i corflnnce therewith or preclude the Issu-" I aiieo of such c-ertlflcates in ncconlance I iivith the result of the preceding vote on , sue h questions siilimittcd, or in n • ird- i ance with exisliiig law. nor short,-i the'^ I term for whtch nn.v liquor tux ceKiilente I r.iny tiave been lawfully issued, nei affect I the rights of any person thereund, - ] i 16. Secnnd spec-i.al election If p-eirend- I ings are defective. If for any rea.seu ex- I cept the failure to filo any petition there- I fnr. the question prescribed In section flVe j nf this chapter or the four questiona pro- j vided to be suhmltted under this nrticle to tho qiiallflt-d elector? of a city ahnll not havo hoen properly s'uhmltted nt any such I special city cleeiion, such questions may i lie Kiibmilted nt a .second special clly elec- ^ tion eliily called. Iint such aecond special i e Ity elecllnn sh.all onl.v be called upon filing wi^h the elty clerk, or In the elty of New York with the board of elections of ' the city, an order of tho supreme or coun- l ty court or a Juatice or judge (hereof au- i tliorlzlng the resulmiisslon of such qiies- I tlons at a. second special election, to- ' gether with a new petition If the order shall provide thorofor; but a new petition shall not be ordered Unless the court shall ' havo found (hal there was a defect or Il¬ legality In the original petition. Such an order may be granted upon eight daya' notice to tho atate commissioner of ex¬ cise, sufficient re:ison being shown there* for. I'pon any. .application for such or- ilei. the board of aldermen, oounoil of. common council of tho cily, or ftny tax- 11,1 v.r of the cily, may intervene aa o |iart,v- and be heanl In opposition thereto. The city clerk, or such hoard of electlona, as the ca*e may be. within flve daya after the filing Ol such order, unci of tho new petilion If nny is reeiulreei, shail cull such scc-ond special city election to be held at a time not less than twenty nor more than thirty dnys after the fliing of buch order, or of nuch petition nnd order aa the ease may be. and such officer or board, shnil also cause to be published a notica of such second spee-i.al election, contain¬ ing a clear and concise stntement of tha purpose thereof, and shall pre-pare ballots therefor in manner and form us provided in the election luw f6r questions suhmlt¬ teel: and such election aball ho held and conducted and the result of the vota thereat canvaaaed. certlfled nnd returned in like manner, so far as practicable, a* In the ense of the first special eleetion. Tne result of the vote upon the eiueetlone sjiecltied In sertlon six of this chapter shall take effect at the beginning of the next excise year, that la. on the first day of October following such vote, aa Is pro- - i dec I when a vote Is taken on the third Tuesday In April.
t 17. Liquor tax rertlflr-ates not to be ttf' sued for trafflc-Uing in liepior contrary it local option vote. No lieiuor tux certlfl¬ caie shall be isaued by any county treas¬ urer, specl-il deputy commissioner of ex- else or other oftlcer to any person to traffic in liquors In a city under any sub¬ division of sectlun eight of the liquor tax law upon which a rsiajorlty of the votes may have been cast In the negative with¬ in (he time that auch vote la operative,
f IS. Expenses. The expenses connectad with the submission of local option qnes- tions or other question In a city under thi.s chapter shall be a clly charge. Bal¬ lots and blanka for taking, recording and refiiniing the vote thereon shall be pro¬ vided by the elty clerk; except that In the (Ity of New York they ahull be prnvided by the board of electlona of auch city. ARTIC1.K 8. Penalties nnd Mlacellaneoua Provlsiona. Se<-tlon 20. The lieiuor tax law; how aC*^ j , Plied. 19. Abatement of plare of aale a*
nuisance; Injunction. 22. Seizure of liquors kept for aala
or distribution. a. golle-ltlng orders unlawful bt
cerlulii caaes. 24. United Statea Internal revenua tux atamp aa evideot^e Of trafficking In liquors. K. Addiiloiiul requirements for
prescript lona. 36. Addilional requirementa for
l^armaclBtH and drugglata 27. Liquor ta be removed from
place of former aale. 8. Offensea connected with tha submission of local option questiona. I 10. The liquor tax law; how applied,:.^ The provlsiona of the liquor tax law, ao far aa they are not Uiconaiatent with thla chapter, shall continue to apply to a city In which, as a reault Of a local option vote, the trafflcklns in Uqaors under aiM- or mors provlalona of aucb law la pa^ hiblted Trafflcklng In liquors In a otkT by any peraon who In piublblled frum doing aa tba reault of a lucal upttou vota, ur suck tivttcking coutrary tu the prtt- • rislona 4f aactktn fifteen of tbia ckapil^. Um««i)Uug la ttmtttt
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