obligation incurred; and in all other cases such notice shall be in writing and executed and acknowledged by the certificate holder or by his duly authorized attorney and by any person to whom such certificate may have been transferred or assigned as collateral security for moneys loaned or any other obligation incurred; but in any case such notice shall be null and void unless within sixty days from the filing thereof such traffic in liquors shall be lawfully carried on at the premises described in such notice as the premises in which it is intended to carry on such traffic, and continued thereat for a period of not less than sixty days, and the filing of a notice that becomes null and void shall not be deemed an abandonment of the traffic at the premises described in such liquor tax certificate. After the filing of such notice as aforesaid, the prohibition herein contained shall not apply to the premises described in such notice as the premises in which it is intended to carry on such traffic, provided that an application for a certificate to carry on such traffic in liquors thereat shall be made in due form to the proper officer, within sixty days from the filing of such notice, and provided further that such traffic is continuously thereafter carried on at said premises for a period not less than sixty days. Except in a case where such notice becomes null and void as aforesaid, no liquor tax certificate for traffic in liquors under the provisions of subdivision one of this section shall thereafter be issued for, and it shall be unlawful to so traffic in liquors in the premises, described in such notice as the premises in which the traffic in liquors has been abandoned, unless there shall subsequently be filed another notice of abandonment, in the manner herein provided, which notice shall describe such first abandoned premises as the premises in which it is intended to again carry on such traffic in liquors.

e. Whenever the ratio between the population of any city, borough, village or town and the number of such premises situate therein for such traffic in liquors to which the prohibition prescribed in paragraph a of this subdivision does not apply, shall exceed the ratio of seven hundred and fifty to one, additional certificates for traffic in liquors under the provisions of subdivision one of this section may be issued, as provided in this chapter, in the manner following: The certificate issuing officer of the county or borough in which any such city, borough, village or town is situated, shall upon the written request of any

person who states that he desires to traffic in liquors therein. under the provisions of subdivision one of this section, give public notice that on a certain day named he will sell at public auction to the highest bidder or bidders the certificate or certificates to be sold in such city, borough, town or village. Such sale shall be held at the office of the certificate-issuing officer of the county in which such borough, city or town is situated. Such officer shall designate the time when such sale shall be held, which shall be upon some day between August first and September tenth, of the year in which such sale is to be made. Such officer shall cause public notice to be given of the time and place of such sale. In a borough or city such notice shall be published once in each day for at least five days before the day of sale, in a newspaper published therein. In case of a town, such notice shall be published at least once within seven days before the day of the sale in a newspaper in such town, if any, and if not, such notice shall be printed and posted in at least three public places in such town at least ten days before the day of the sale. The certificate-issuing officer shall at the time appointed receive bids from the persons present at such sale for the certificates to be issued as provided herein in each city and town within his jurisdiction. If more than one certificate is to be sold in a borough, city or town, such certificates shall be given serial numbers, from one to the number of such certificates which may legally be issued therein. Such certificates shall be sold in their numerical order, and each shall be issued to the person who bids the highest amount therefor, but in no case shall a bid be accepted which is less than the amount of the liquor tax imposed upon the traffic in liquor under said subdivision one of this section in the borough, city or town for which such liquor tax certificate is to be issued. The certificate-issuing officer shall keep a record of the names of the persons who bid for each of such certificates and the amount bid by each of them. Liquor tax certificates shall be issued to the persons who bid the highest amounts for such certificates and who shall make applications therefor on or before the fifteenth day of September following, in the manner and containing the statements required by section fifteen of this chapter, and who shall file bonds as provided in section sixteen of such chapter, and pay the amount of their bids in the manner provided by section nine of this chapter, and who shall otherwise comply with the provisions of this chapter. In no case shall certificates be sold in such number that the total number of such

certificates in such borough, city or town shall exceed one for each seven hundred and fifty of the population thereof.

If at any time subsequent to the issuance of a certificate in a town as provided herein, the certificated premises are abandoned and the certificate is transferred under paragraph d of this subdivision to premises within a village having a population of more than one thousand, in such town, there shall be paid as a tax, in addition to the amount of the bid, an amount equivalent to the difference between such bid and the amount assessed in said subdivision one upon the trafficking in liquor in such village for the period covered by such certificate.

The amounts bid at the sale conducted as herein provided and on account of which certificates are issued as provided in this chapter, shall be the taxes to be paid in the year beginning October first, nineteen hundred and seventeen, and thereafter the taxes assessed for the privilege of trafficking in liquors at the places named therein shall be the same as those imposed by the provisions of this chapter.

f. In any town or village having a population less than seven hundred and fifty, and in which there are no premises to which the prohibition contained in this subdivision does not apply, one liquor tax certificate for traffic in liquors under subdivision one of this section may, if such traffic is permissible, be issued to the person who shall offer to pay the highest amount for the right to traffic under such certificate, provided such amount shall at least equal the tax assessed upon such traffic in such town or village. For the purpose of determining who is the highest bidder for such right to traffic, the certificate issuing officer shall conduct a public auction as provided in the preceding paragraph and all the foregoing provisions contained in this subdivision relative to bidding for the right to traffic in liquors in any town or village shall be applicable to bids for the right to traffic in such town or village having a population less than seven hundred and fifty.

g. The common council or other similar governing body of a city, and the board of estimate and apportionment in a city of the first class having a population of more than one million, may by ordinance or resolution set apart and describe certain portions of such city, not exceeding in the aggregate one-half of the territory of such city, within which no places or premises in which the traffic in liquors shall be carried on, in addition to those where such traffic may be lawfully carried on at the time of the adoption of such resolution or ordinance, shall be authorized under liquor tax

certificates issued under subdivision one of this section, or under liquor tax certificates which have been transferred because of the abandonment of certificated premises in such city under paragraph d of this subdivision, or under liquor tax certificates which have been transferred or assigned under any of the provisions of this chapter. An ordinance or resolution may be adopted in like manner modifying or altering the boundaries of such territory. Such ordinance or resolution shall definitely describe by street, ward or election district, the portion of such city within which the issuance of liquor tax certificates is to be restricted. A copy of such ordinance or resolution, certified by the city clerk or other proper officer, shall be forwarded to the state commissioner of excise, and a duplicate thereof, certified in like manner, shall be forwarded to the certificate issuing officer of the county or borough in which the portion of such city described in such ordinance or resolution is situated. On and after the filing of such certified copies of said ordinance or resolution no liquor tax certificates shall be issued under said subdivision one of this section authorizing the traffic in liquors at any places or premises within the limits of the district described in such ordinance or resolution, in addition to those places or premises therein where such traffic may be lawfully carried on at the time of the adoption of such ordinance or resolution, nor shall any liquor tax certificate be transferred to any place or premises within such district, after the time of such filing, under the provisions of paragraph d of this subdivision, or under any other provisions of this chapter; the prohibition herein provided shall not apply to a hotel containing two hundred or more rooms.

10. Issuance of certificates under the provisions of subdivision two of this section. No liquor tax certificate shall hereafter be issued for traffic in liquors, under the provisions of subdivision two of this section, for any premises in any town, village, borough or city, unless or until the ratio of population therein, to the number of certificates issued under the provisions of said subdivision two, shall be greater than seven thousand five hundred to one, and then only pursuant to the provisions of this subdivision; but this prohibition shall not apply to any premises in which traffic in liquors under the provisions of subdivision two of this section was lawfully carried on at some time within one year immediately preceding the passage of this act, provided such traffic was not abandoned thereat during said period nor to any

premises in which during said period of one year, or any part thereof, such traffic in liquors has been temporarily suspended, but not abandoned. Provided, however, that at any time during the unexpired term of any liquor tax certificate issued for traffic in liquors under the provisions of subdivision two of this section in any premises in which such traffic may lawfully be carried on, a notice stating that such traffic in liquors is abandoned at the premises named in such certificate may be filed with the county treasurer or special deputy commissioner of excise of the county or borough in which the certificated premises are located, which notice shall also particularly describe some other premises in which it is intended to carry on such traffic, which premises shall be situated in the same city, borough, village or town as that in which the abandoned premises are located. Such notice shall be in writing and executed and acknowledged by the certificate holder or by his duly authorized attorney and by any person to whom such certificate may have been transferred or assigned as collateral security for moneys loaned or any other obligation incurred. Such notice shall be null and void unless within sixty days from the filing thereof such traffic in liquors shall be lawfully carried on at the premises described in such notice as the premises in which it is intended to carry on such traffic, and continued thereat for a period of not less than sixty days, and the filing of a notice that becomes null and void shall not be deemed an abandonment of the traffic at the premises described in such liquor tax certificate. After the filing of such notice as aforesaid, the prohibition herein contained shall not apply to the premises described in such notice as the premises in which it is intended to carry on such traffic, provided that an application for a certificate to carry on such traffic in liquors thereat shall be made in due form to the proper officer, within sixty days from the filing of such notice, and provided further that such traffic is continuously thereafter carried on at said premises for a period not less than sixty days. Except in a case where such notice becomes null and void as aforesaid, no liquor tax certificate for traffic in liquors under the provisions of subdivision two of this section shall thereafter be issued for, and it shall be unlawful to so traffic in liquors in the premises described in such notice as the premises in which the traffic in liquors has been abandoned, unless there shall subsequently be filed another notice of abandonment, in the manner herein provided, which notice shall describe such first abandoned premises as the premises