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and filing such bond and paying such tax, a liquor tax certificate in the form provided for in this act, unless it shall appear by a certified
copy of the statement of the result of an election held on the question of local option, pursuant to section sixteen of this act, in and for the town where the applicant proposes to traffic in liquors under the certificate applied for, that such liquor tax certificate can not be lawfully granted, in which case the application shall be refused.
§ 13. Section twenty-one of said chapter is hereby amended so as to read as follows:
§ 21. Posting liquor tax certificates.— Before commencing or doing any business for the time for which the excise tax is paid and the certificate is given, the said liquor tax certificate shall be posted up and at all times displayed in a conspicuous place in the room or bar where the traffic in liquors for which the tax was paid is carried on, so that all persons visiting such place may readily see the same, but if there be a door opening from the street into the room or bar room where the traffic in liquors is carried on and a window facing the street upon which such door opens, such certificate shall be displayed in such window, so it may be readily seen from the street. It is provided, however, that when the holder of an unexpired license under the law in force prior to the passage of this act, or the holder of a liquor tax certificate under this act, shall have presented the application and bond as required by sections seventeen and eighteen of this act, and paid the tax assessed by this act, not less than fifteen days before the time fixed for the expiration of such license or tax certificate, such holder of such license or tax certificate may continue to traffic in liquors pending the issue of the tax certificate, until notified in writing, by the officer charged with the duty of issuing such tax certificate, that such tax certificate so applied for will not be issued. If the application is refused the moneys thus paid shall be returned to the applicant within ten days from the receipt of the same, with said notice, by the said certificate-issuing officer. To continue to traffic in liquor after such notice is received is a violation of this law and subjects the person violating to the penalties prescribed for trafficking in liquors without having a liquor tax certificate.
$ 14. Section twenty-two of the said chapter is hereby amended so as to read as follows:
§ 22. Restrictions on the traffic in liquors in connection with other business.— No corporation, association, copartnership or person engaged in carrying on the business of selling dry goods or groceries, or provisions, or drugs as a pharmacist, shall be assessed under subdivision one of section eleven of this act, or receive a linuor tax certificate under such subdivision, unless it be to carry on the traffic in liquors under such subdivision one at some other building entirely distinct and separate from, and not communicating with the place where, and in which, such business of selling dry goods, groceries, provisions or drugs as a pharmacist is carried on, or if in the same building, then only in a room which is separated by partitions at least three inches thick, extending from floor to ceiling, with no opening or means of entrance or communication between the room where the traffic in liquors is carried on and the store or rooms in which the selling of dry goods, groceries, provisions or drugs as a pharmacist is carried on, so that it is necessary to go into a public street before the one place can be entered upon leaving the other.
$ 15. Section twenty-three of the said chapter is hereby amended so as to read as follows:
$ 23. Persons who shall not traffic in liquors, and persons to whom a liquor tax certificate shall not be granted.
1. No person who has been or shall be convicted of a felony, or knowingly has in his employ a person who has been so convicted.
2. No person under the age of twenty-one years.
3. No person not a citizen of the United States and a resident of the state of New York.
4. No corporation or association incorporated or organized under the laws of another state or country; provided, however, that if such corporation or association be acting as a common carrier in this state it may be granted a liquor tax certificate under subdivision four of section eleven of this act.
5. No copartnership, unless one or more of the members of such copartnership, owning at least one-half interest in the business thereof, shall be a resident of this state and a citizen of the United States.
6. No corporation, association, copartnership or person which or who has had a license revoked under the laws in force immediately prior to the passage of this act by reason of a violation of such laws.
7. No corporation, association, copartnership or person who has been or shall be convicted for a violation of this act, nor the agent of such corporation, association, copartnership or person, until five years from the date of such conviction.
8. No corporation organized under chapter five hundred and fifty-nine of the laws of eighteen hundred and ninety-five, and the acts amendatory thereof, which traffics in liquors with any person other than the members thereof.
9. No corporation, association, copartnership or person who as owner or agent carries on or permits to be carried on or is interested in any traffic, business or occupation, the carrying on of which is a violation of law, shall traffic in liquors or be granted a liquor tax certificate or be interested therein.
$ 16. Section twenty-four of the said chapter, as amended by chapter four hundred and forty-five of the laws of eighteen hundred and ninety-six, is hereby further amended so as to read as follows:
$ 24. Places in which traffic in liquor shall not be permitted. - Traffic in liquor shall not be permitted:
1. In any building or upon any premises established as a penal institution, protectory, industrial school, asylum, state hospital, colony or institution established for the care or treatment of epileptics, or poorhouse, and if such building or premises, other than a county jail or state prison, be situated in a town and outside the limits of an incorporated village or city, not within one-half mile of any building or premises so occupied, provided there be such distance of one-half mile between such building and premises, and the nearest boundary line of such village or city; nor
2. Under the provisions of subdivision one of section eleven of this act, in any building, yard, booth or other place which shall be on the same street or avenue and within two hundred feet of a building occupied exclusively as a church or schoolhouse; the measurements to be taken in a straight line from the center of the nearest entrance of the building used for such church or school to the center of the nearest entrance of the place in which such liquor traffic is desired to be carried on; provided, however, that this prohibition shall not apply to a place which on the twentythird day of March, eighteen hundred and ninety-six, was lawfully occupied for a hotel, nor to a place in which such traffic in liquors was actually lawfully carried on at that date, nor to a place which at such date was occupied, or was in process of construction, by a corporation or association which traffics in liquors solely with the members thereof, nor to a place within such limit to which a corporation or association trafficking in liquors solely with the members thereof at such date may remove; but none of the exceptions under subdivision two of this section shall apply to subdivision one of this section; nor
3. In any form, in, upon or from any vehicle, except as provided in subdivisions four and five of section eleven of this act.
4. Upon any premises used for and as a cemetery.
§ 17. Section twenty-five of the said chapter is hereby amended 60 as to read as follows:
$ 25. Surrender and cancellation of liquor tax certificates; payment of rebates.— If a corporation, association, copartnership or person holding a liquor tax certificate and authorized to sell liquors under the provisions of this act, against which or whom no complaint, prosecution or action is pending on account of any
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violation thereof, shall voluntarily, and before arrest or indictment for a violation of the liquor tax law, cease to traffic in liquors during the term for which the tax is paid under such certificate, such corporation, association, copartnership or person or their duly authorized attorney may surrender such tax certificate to the officer who issued the same or to his successor in office provided that such tax certificate shall have at least one month to run at the time of such surrender; and provided that no rebate shall be allowed or paid upon the surrender and cancellation of a certificate issued under subdivisions three, five or six of section eleven of this act, and provided further, that the rebate thereon shall be computed for full months, commencing with the first day of the month succeeding the one in which such certificate is surrendered, unless such surrender be on the first day of the month; and at the same time shall present to such officer a verified petition setting forth all facts required to be shown upon such application. Said officer shall thereupon compute the amount of pro rata rebate then due on said certificate for the unexpired term thereof, and shall execute duplicate receipts therefor showing the name of the corporation, association, copartnership or person to whom or which such certificate was issued, the number thereof, date when issued, amount of tax paid therefor, and the date when surrendered for cancellation, together with the amount of rebate due thereon at such date as computed by him, the name of the person entitled to receive the rebate, the locality liable for two-thirds of such rebate, and the name and title of the fiscal officer thereof. One of such receipts said officer shall deliver to the person entitled thereto, and the other of such receipts he shall immediately transmit, with the surrendered certificate and the petition for the cancellation thereof, to the state commissioner of excise. If within thirty days from the date of the receipt of such certificate by the state commissioner of excise, the person surrendering such certificate shall be arrested or indicted for a violation of the liquor tax law, or proceedings shall be instituted for the cancellation of such certificate, or an action shall be commenced against him for penalties, such petition shall not be granted until the final determination of such proceedings or action; and if the said petitioner be convicted, or said action or proceedings be determined against him, said certificate shall be cancelled and all rebate thereon shall be forfeited; but if such petitioner be acquitted, and such proceedings or action against him be dismissed on the merits, then the state commissioner of excise shall prepare two orders for the payment of such rebate, one order for the one-third thereof, directed to the state treasurer, to be paid by him, on the certificate of the comptroller, and one order for the two-thirds of such rebate, directed to the fiscal officer of the proper locality, to be paid by such fiscal officer out of any
excise or other moneys of such locality applicable thereto. If he have no such moneys of such locality in his possession or under his control, then the said fiscal officer shall at once borrow enough money upon the credit of the locality, and he is hereby authorized. so to do, to pay said order, and shall pay the same. The money so borrowed shall be a lawful claim against such locality, to be paid as are other legal claims. The aforesaid orders, or the order on the said fiscal officer and the check of the state treasurer for said one-third of such rebate moneys, shall be transmitted to the officer who issued such cancelled certificate, or to his successor in office, to be delivered to the holder of the duplicate receipt upon the surrender of such receipt, which receipt shall be immediately transmitted to the said state commissioner. Any rebate moneys due on the cancellation of certificates issued by the state commissioner of excise under subdivision four of section eleven of this act, shall be paid by the state treasurer from any moneys applicable thereto, on the certificate or check of the state commissioner of excise, countersigned by the comptroller. All outstanding receipts issued and given for liquor tax certificates heretofore surrendered and cancelled, shall also be paid in the manner above provided for the payment of rebate moneys upon certificates hereafter surrendered and cancelled, upon the order of the said state commissioner, to be issued by the said commissioner upon the surrender of such receipt to him, accompanied by the verified petition of the holder of such receipt, setting forth the facts that the holder of said cancelled certificate at the time of the surrender and cancellation thereof, had not violated any of the provisions of the liquor tax law, and has not been arrested or indicted for any such violation; provided, however, that the holder of such receipt for rebate due upon a liquor tax certificate surrendered and cancelled prior to January first, eighteen hundred and ninety-seven, who is an applicant for a new liquor tax certificate, to traffic in liquors in the same town or city where such cancelled certificate was held, shall be entitled to have the same applied as cash in payment for such new certificate at the time of the application therefor. If a corporation, association or copartnership holding a liquor tax certificate shall be dissolved, or a receiver or assignee be appointed therefor or a receiver, assignee or a committee of the property of a person holding a liquor tax certificate be appointed during the time for which such certificate was granted, or a person holding a liquor tax certificate shall die during the term for which such tax certificate was given, such corporation, association, copartnership or receiver or assignee, or the administrator or executor of the estate of such person, or the person or persons who may succeed to such business, or a committee of the property of a person adjudged to be incompetent, may in like manner surrender such