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2004 NY Att'y Gen. Rep. & Op. 1 (2004)

handle is hein.nyattgen/nysag0119 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 2004-1 ALCOHOLIC BEVERAGE CONTROL LAW §§3, 64,64-a, 141; COUNTY LAW §101(2); GENERAL MUNICIPAL LAW §350(2); MUNICIPAL HOME RULE LAW §§23(1), 24(1)(a); TOWN LAW §§11, 12; VILLAGE LAW §19-1900; L. 1964, CH. 531, §19; L. 1900, CH. 367, §3; L. 1934, CH. 478, §§2, 141; L. 1933, CH. 180; L. 1933, CH. 180, §111; L. 1921, CH. 155, §2; L. 1917, CH. 624, §15; L. 1896, CH. 112, §16. When a vote in a town on the question of whether to allow a particular type of retail sale of alcoholic beverages results in an equal number of affirmative and negative votes, the proposal passes. You have requested an opinion as to the types of retail alcoholic beverage sales that are now permitted in the town of Spencer, a dry town in which no retail sales were permit- ted whatsoever, following a recent vote pursuant to Alcoholic Beverage Control (ABC) Law §141. This section permits a town to hold a referendum to allow the voters of the town to determine whether the town will allow the sale of alcohol within its boundaries. See ABC Law §141. It also specifies the language to be submitted to the voters in such a referen- dum. See id. No license may be issued contrary to such vote. See id. §141(3). Pursuant to this provision, the voters of the town of Spencer considered whether to allow the sale of alcohol within the town's boundaries in the election of November 2003. They were presented with the following questions on the ballot: