treasurer of the county in which the traffic is carried on. All taxes assessed under subdivisions four and five of section eight and under section nine-a of this chapter, and all fines and penalties in connection therewith, shall be collected by and paid to the state commissioner of excise. All taxes, fines and penalties under subdivisions four and five of section eight shall be paid by the state commissioner of excise to the state treasurer. Onefourth of the revenues resulting from taxes, fines and penalties collected under the provisions of section nine-a of this chapter which accrue after June thirtieth, nineteen hundred and eighteen and one-half of revenues which accrue before July first, nineteen hundred and eighteen, shall be paid by the state commissioner of excise to the state treasurer. The remainder of such revenues shall belong to the town or city in which the traffic was carried on from which such revenues were received and shall be paid to the supervisor of such town or to the treasurer or fiscal officer of such city. After June thirtieth, nineteen hundred and eighteen, one-fourth of the revenues resulting from taxes, fines and penalties under the provisions of this chapter excepting taxes collected under subdivisions four and five of section eight and under section nine-a and before July first, nineteen hundred and eighteen, one-half of the revenues resulting from fines and penalties,14 under the provisions of this chapter less the amount allowed for collecting the same, shall be paid by the county treasurers, and by the several special deputy commissioners receiving the same within ten days from the receipt thereof, to the treasurer of the state of New York to the credit of the general fund, as a part of the general tax revenue of the state and shall be appropriated to the payment of the current general expenses of the state and the remainder thereof, less the amount allowed for collecting the same, shall belong to the town or city in which the traffic was carried on from which revenues were received, and shall be paid by the county treasurer of such county, or by the special deputy commissioner to the supervisor of such town, or to the treasurer or fiscal officer of such city, within ten days from the receipt thereof. All excise moneys collected by county treasurers and special deputy commissioners of excise shall be deposited until the same shall be paid over to the state treasurer or local fiscal officer as is herein provided, in bank or other depositories designated by the state commissioner of excise, who shall require from each such bank 14 Section to here materially amended. § 13, as amended by or depository a bond running to the people of the state of New York in such penalty and with such sureties as shall be approved by the said state commissioner, conditioned that such bank or depository will safely keep all such moneys that may be so deposited in or held by it on deposit and will promptly pay the same over at any and all times upon legal demand therefor. Action on said bond for any default or violation of its conditions may be brought by the state commissioner of excise who shall distribute the amount of money recovered to the locality and the state as their respective interests may appear. At the time of making such payment the special deputy commissioner or county treasurer shall furnish to the officer of such city or town to whom such payment is made a written statement under oath stating when such money was received and from whom received; and that the statement includes all the moneys received to a date named in such statement. Such revenues shall be appropriated and expended by such town or city, in such manner as is now or may hereafter be provided by law for the appropriation and expenditures of sums received for excise licenses or in such other manner as may hereafter be provided by law; and any portion of such revenues not otherwise specifically appropriated by law may be applied to the ordinary expenses of the city or town. Any special deputy commissioner or county treasurer who shall neglect or refuse to apportion and pay over such moneys, as above provided, shall, in addition to the fines and penalties otherwise provided in this chapter, be liable to a penalty of fifty dollars for each and every offense, to be recovered in an action by the officer entitled to receive such excise moneys, brought by such officer in the name of the city or town entitled thereto, with costs, in addition to the money unlawfully withheld; and if any special deputy commissioner or county treasurer shall wilfully make and verify a false statement under this section, he shall be guilty of perjury. § 4. Section thirteen of such chapter as amended by chapter four hundred and eighty-five of the laws of nineteen hundred and ten, is hereby amended to read as follows: 13. Local option to determine whether liquor shall be sold under the provisions of this chapter. In order to ascertain the will of the qualified electors of each town, the following questions shall be submitted at each biennial town meeting hereafter held in any town in this state, provided the electors of the town to the number of ten per centum of the votes cast at the next preceding general election shall request such submission by written petition, signed and acknowledged by such electors before a notary public or other officer authorized to take acknowledgments or administer oaths, which petition shall be filed not less than twenty days before such town meeting with the town clerk of the town. Question 1. Selling liquor to be drunk on the premises where sold. Shall any person be authorized to traffic in liquors under the provisions of subdivision one of section eight of the liquor tax law, namely, by selling liquor to be drunk on the premises where sold, in (here insert the name of the town)? Question 2. Selling liquor not to be drunk on the premises where sold. Shall any person be authorized to traffic in liquors under the provisions of subdivision two of section eight of the liquor tax law, namely, by selling liquor not to be drunk on the premises where sold, in (here insert the name of the town)? Question 3. Selling liquor as a pharmacist on a physician's prescription. Shall any person be authorized to traffic in liquors under the provisions of subdivision three of section eight of the liquor tax law, namely, by selling liquor as a pharmacist on a physician's prescription, in (here insert the name of the town)? Question 4. Selling liquor by hotel keepers only. Shall any person be authorized to traffic in liquors under subdivision one of section eight of the liquor tax law, but only in connection with the business of keeping a hotel, in (here insert the name of the town), if the majority of the votes cast on the first question submitted are in the negative? 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 elections15 of the county a certified copy of such petition, provided the town meeting at which such questions are to be submitted is to be held at the time of the general election. The town clerk, when the town meeting is not held at the time of the general election, and the board of elections, when the town meeting is held at the time of the general election,16 shall, 17at least ten days before the holding of such town meeting or general election, 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 provided for herein will be voted on at such town meeting or general elec 15 Words "board of elections" substituted for words "county clerk." 16 Words "when the town meeting is not held at the time of the general election, and the board of elections, when the town meeting is held at the time of the general election," new. 17 Word" also" omitted. tion; and the said notice shall also be published, at least five days before the vote is to be taken, once, in one newspaper published in the county in which such town is situate, 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 chapter, it shall be the duty of each officer charged by law with the duty of preparing the official ballots for such town meeting or election, to have prepared at the time fixed by law for preparing the official ballots for such town meeting or election, the ballots required by the election law for voting upon any constitutional amendment, proposition or question in the form and of the number required by the election law, upon the face of which shall be printed in full the said questions, as heretofore stated. Any elector qualified to vote for town, county or state officers at such town meeting or general election shall be entitled to vote upon such local option questions. As soon as the town meeting or election shall be held, a return of the votes cast and counted shall be made as provided by law, and if the majority of the votes shall be in the negative or if the number of votes cast for and against shall be equal on either of such questions, no person shall thereafter so traffic in liquors or apply for or receive a liquor tax certificate under the subdivision or subdivisions of section eight, referred to in the question or questions upon which the number of votes cast for and against shall be equal or upon which the majority of the votes cast shall have been cast in the negative, except as provided by clause "j" of section thirty of this chapter. If the majority of the votes cast on the second question submitted shall be in the affirmative, the holder of a liquor tax certificate under subdivision two of section eight, who is a pharmacist, shall not sell as a pharmacist unless the majority of the votes cast on the third question submitted is in the affirmative. The status existing at the time such vote is taken upon questions submitted shall not be changed until the first day of October following next thereafter, prior to which time such vote shall neither authorize the issuance of liquor tax certificates in accordance therewith or preclude the issuance of such certificates in accordance with the result of the preceding vote on such questions submitted, nor shorten the term for which any liquor tax certificate may have been lawfully issued, nor affect the rights of any person thereunder. If for any reason except the failure to file any petition therefor, the four propositions provided to be submitted herein to the electors of a town shall not have been properly submitted at such biennial town meeting, such propositions shall be submitted at a special town meeting duly called. But a special town meeting shall only be called upon filing with the town clerk the petition aforesaid and an order of the supreme or county court, or a justice or judge thereof, respectively, which may be granted upon eight days' notice to the state commissioner of excise, sufficient reason being shown therefor. Upon any application for such order, the town board, or any taxpayer in the town, may intervene as a party and be heard in opposition thereto. The town clerk shall within five days after the filing of such petition and order, call a special town meeting to be held at a time not less than twenty days nor more than thirty days after the filing of such petition and order, and he shall also cause to be printed, posted and published a notice of such special town meeting, containing a clear and concise statement of the purpose thereof, and shall prepare ballots therefor in all respects as is provided by this chapter in the case of a biennial town meeting, and the result of the vote thereat shall be canvassed, certified and returned in like manner and shall take effect at the beginning of the next excise year, that is, on the first day of October following such vote, as is provided when a vote is taken at a biennial town meeting. A certified copy of a statement of the result of the vote, upon each of such questions submitted, shall immediately after the submission thereof, be filed by the town clerk or other officer with whom returns of town meetings are required to be filed by the election law with the state commissioner of excise and also with the county treasurer of the county, or with the special deputy commissioner having authority, where traffic in liquor therein is lawful, to issue liquor tax certificates to be held in such town, and no liquor tax certificate shall thereafter be issued by such officer to any person to traffic in liquor in said town under such subdivision of section eight of this chapter upon which a majority of the votes may have been cast in the negative. amended by ch. 281, chaps. 485, § 5. Section fifteen of such chapter, as amended by chapters 15, as two hundred and eighty-one of the laws of nineteen hundred and L. 1909, nine, chapters four hundred and eighty-five, four hundred and L. 1910, ninety-four and five hundred and three of the laws of nineteen 494 and 503, hundred and ten, chapters two hundred and twenty-three18 and six chaps. 223, hundred and forty-three of the laws of nineteen hundred and L. 1912, eleven, chapter three hundred and seventy-eight of the laws of L. 18 Section 15 is not amended by L. 1911, ch. 223. L. 1911, 643, ch. 378, 1913, |