817. Liquor tax certificates not to be issued for trafficking in liquor contrary to local option vote. No liquor tax certificate shall be issued by any county treasurer, special deputy commissioner of excise or other officer to any person to traffic in liquors in a city under any subdivision of section eight of the liquor tax law upon which a majority of the votes may have been cast in the negative within the time that such vote is operative. 18. Expenses. The expenses connected with the submission of local option questions or other question in a city under this chapter shall be a city charge. Ballots and blanks for taking, recording and returning the vote thereon shall be provided by the city clerk; except that in the city of New York they shall be provided by the board of elections of such city. ARTICLE 3. PENALTIES AND MISCELLANEOUS PROVISIONS. Section 20. The liquor tax law; how applied. 21. Abatement of place of sale as nuisance; injunction. 24. United States internal revenue tax stamp as evi- 25. Additional requirements for prescriptions. 26. Additional requirements for pharmacists and drug gists. 27. Liquor to be removed from place of former sale. 28. Offenses connected with the submission of local option questions. § 20. The liquor tax law; how applied. The provisions of the liquor tax law, so far as they are not inconsistent with this chapter, shall continue to apply to a city in which, as a result of a local option vote, the trafficking in liquors under one or more provisions of such law is prohibited. Trafficking in liquors in a city by any person who is prohibited from so doing as the result of a local option vote, or such trafficking contrary to the provisions of section fifteen of this chapter, shall be deemed a trafficking in liquors without having lawfully obtained a liquor tax certificate therefor, within the meaning of the provisions of the liquor tax law relating to its enforcement and to the detection and prevention of and prosecution and punishment for trafficking in liquors in violation of such law. 21. Abatement of place of sale as nuisance; injunction. All places where liquor is sold or kept in violation of this chapter shall be taken and held and are declared to be common nuisances and may be abated as such. The attorney-general or the district attorney of the county in which the city is located where such nuisance exists may maintain an action in the name of the state to abate and perpetually enjoin the same. No security shall be required for the granting of a temporary or permanent injunction. Nothing herein contained shall prevent a proceeding under section twenty-eight of the liquor tax law for procuring an injunc tion enjoining any person from unlawfully trafficking in liquor, to be instituted by either the state commissioner of excise, a deputy commissioner or any taxpayer residing in the city where such unlawful trafficking is conducted; and such proceeding may be maintained as though the person against whom it is brought were unlawfully trafficking in liquor without obtaining a liquor tax certificate as provided by the liquor tax law. § 22. Seizure of liquors kept for sale or distribution. In a city in which, as a result of a local option vote, the trafficking in liquors under one or more of the provisions of the liquor tax law is prohibited by this chapter, the complaint in a proceeding for seizure and forfeiture of liquors may be made not only by a special agent of the department of excise or a peace officer but also by any person. In such city, the warrant in such proceedings shall not authorize the search of a private residence occupied as such unless it, or some part of it, is used as a store, shop, restaurant, hotel or boarding house, or unless such residence is a place of public resort. In such city, the person making complaint in such proceedings may personally or by an agent accompany the officer who executes the warrant and enter any place with such officer and assist him with the search. 23. Soliciting orders unlawful in certain cases. It shall be unlawful for any person to solicit, accept or procure in a city in which a liquor tax certificate is prohibited under questions one, two and four of section six of this chapter, as the result of a local option vote, an order to deliver or send to another, or for another, liquor in any quantity, where the person for whom such liquor is procured resides in any such city. A violation of the provisions of this section is a misdemeanor, punishable in the same manner as a violation of subdivision "K" of section thirty of the liquor tax law. § 24. United States internal revenue tax stamp as evidence of trafficking in liquors. If a retail liquor dealer's or retail malt liquor dealer's special United States internal revenue tax stamp, covering premises in a city in which the trafficking in liquors under one or more subdivisions of section eight of the liquor tax law is unlawful as the result of a local option vote, be found during the time covered by the stamp on premises for which a liquor tax certificate is not in force under the liquor tax law at the time the stamp is found, or if such stamp be in the possession of the owner, lessee or tenant of such premises or of a servant or agent of either employed at such premises, during the time covered by the stamp and while a liquor tax certificate for such premises is not in force, the finding or possession of such stamp shall be prima facie evidence of the trafficking in liquors on such premises. § 25. Additional requirements for prescriptions. In a city in which trafficking in liquors under questions one, two and four of section six of this chapter is prohibited by this chapter, as the result of a local option vote, a prescription for liquors issued for a resident of the city by a physician residing therein shall conform to the provisions of the liquor tax law and in addition thereto shall state the kind and quantity of liquors prescribed, the direction for use of such liquors and contain the physician's certificate that the person for whom the prescription is issued is actually sick and that such liquor is required as a medicine. The issuance of a prescription contrary to the provisions of this section shall be a misdemeanor. It shall be unlawful for any physician who shall have been convicted of a violation hereof to issue any prescription for liquors for a period of two years after the date of such conviction. 26. Additional requirements for pharmacists and druggists. In a city in which trafficking in liquors under questions one, two and four of section six of this chapter is prohibited by this chapter, as the result of a vote on local option questions, the following restrictions, in addition to the requirements of the liquor tax law, shall apply to pharmacists and druggists holding liquor tax certificates under subdivision three of section eight of the liquor tax law. 1. Each pharmacist or druggist shall provide and keep a book in which shall be recorded each sale of liquor to any person, the date of the sale and the name of the purchaser, the kind, quan tity and price of the liquor sold and the name of the physician issuing the prescription. 2. Each purchaser shall be required to sign his name opposite or under the entry of the sale to him and write his residence address, by house number and street name, if any, and otherwise by an appropriate designation. 3. The prescription shall be marked "cancelled" when once filled. 4. Such record book shall be open to inspection by the district attorney and sheriff of the county, any magistrate or peace officer of the city and any special agent of the state department of excise. A pharmacist or druggist violating the provisions of this section shall be guilty of a misdemeanor. Upon any conviction therefor, the license of the pharmacist or druggist shall be revoked, with the same forfeitures and disabilities as provided in the liquor tax law in the case of a revocation of the liquor tax certificate of a pharmacist or druggist. 8 27. Liquor to be removed from place of former sale. A person engaged in trafficking in liquor in a city when a local option vote is taken shall remove or cause to be removed all liquors from the premises of such trafficking to a place in which no store, shop, restaurant, hotel or boarding house is conducted, within ten days after the ensuing thirtieth day of September, if as a result of such vote, the trafficking in liquors at such premises under any provision of the liquor tax law will be unlawful on and after the ensuing first day of October. Failure to comply with the provisions of this section shall be prima facie evidence that such liquor is kept for the purpose of sale or distribution contrary to law. 28. Offenses connected with the submission of local option questions. Any person who signs a petition provided for in this chapter, knowing he is not qualified to do so, or who files any such petition or any sheet or other part thereof, knowing that it contains the signature of a person not qualified to sign the same, or who receives, requests, demands or gives, offers or promises any reward for signing or refraining from signing any such petition, or who, by treating or giving liquor or anything else of the same or a different kind or by threats to injure another in person or property or by betting or other similar device, either directly or indirectly influences or attempts to influence any one to sign or refrain from signing any such petition, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty dollars nor more than two hundred dollars, or imprisoned for not less than ten days nor more than ninety days, or be both so fined and imprisoned in the discretion of the court. If any such person shall be so convicted and shall thereafter violate any provision of this section, for such second and each subsequent violation he shall, upon conviction thereof, be fined not less than twenty dollars nor more than two hundred dollars and be imprisoned for not less than ten days nor more than ninety days. ARTICLE 4. CONSTRUCTION; TIME OF TAKING EFFECT. Section 35. Construction. 36. Time of taking effect. 35. Construction. The provisions of any other statute authorizing local authorities of a city to designate premises at which liquor may be sold or fix the ratio between the number of such places and the population, shall not be construed to authorize trafficking in liquors nor the issuance of liquor tax certificates contrary to the provisions of this chapter. 36. Time of taking effect. This chapter shall take effect immediately. L. 1891, Chap. 625. AN ACT to amend chapter four of the laws of eighteen hundred and ninety-one, entitled "An act to provide for rapid transit railways in cities of over one million inhabitants," in relation to procuring work and materials and in relation to contracts in emergencies or for limited amounts. Became a law May 23, 1917, with the approval of the Governor. Passed, Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision two of section twenty-six of chapter four ch. 4. 26, of the laws of eighteen hundred and ninety-one, entitled "An act to provide for rapid transit railways in cities of over one million subd. 2, as added by L. 1894. |