such bank 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, inaddition 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.

added by

§ 5. Section twelve-a of said chapter thirty-nine of the laws of 12a, as nineteen hundred and nine, as added by chapter two hundred and L. 1912, sixty-three of the laws of nineteen hundred and twelve, is hereby amended. amended to read as follows:

12-a. Assignments or transfers of certificates as collateral security to be filed in office of certificate issuing officer. Each county treasurer of a county or each special deputy commissioner of excise, if there be one, shall receive and file in his office every

ch. 263,

instrument in writing, tendered to him, by which an unexpired liquor tax certificate, issued by him or by his predecessor in office, or, except as herein provided, any other liquor tax certificate hereafter issued by him or his successor in office, is assigned or transferred by the holder thereof to a person as collateral security for moneys loaned or any other obligation incurred; and such county treasurer or special deputy, as the case may be, shall immediately enter in a record book to be kept by him for that purpose the name of the certificate holder, the location of the premises for which such certificate was issued, or to which such certificate may have been transferred, under what subdivision of section eight the certificate was issued, the date when issued, the name and the address of the assignee or transferee, the date of such assignment or transfer, the date such assignment or transfer was received and filed and the date of the cancellation and discharge of the same; such county treasurer or special deputy, as the case may be, shall immediately indorse upon said assignment or transfer the date of the receipt of same, the name of the holder of the certificate, the name of the assignee or transferee, the number of the certificate, the location of the premises for which the certificate was issued, or to which such certificate may have been transferred, the date of the issuance of the same, under what subdivision of section eight the certificate was issued and the date of the assignment or transfer; said indorse ment shall be signed by said county treasurer, or special deputy, in whose office the same is filed and such indorsement shall be received in evidence in all courts of this state and shall be competent and sufficient prima facie evidence of all the facts stated . therein. An assignment or transfer of a liquor tax certificate made after the taking effect of this act, as collateral security for moneys loaned to, or any other obligation incurred by, the holder of such certificate, shall be void, and no such assignment or transfer shall be thereafter made, except as hereinafter provided in respect to the assignment or transfer of a certificate issued in lieu or in renewal of an assigned or transferred certificate.

An assignment or transfer of a liquor tax certificate as collateral security for moneys loaned to, or any other obligations incurred by, the holder of such certificate, on file in the office of the certificate issuing officer on the date of the taking effect of this act, shall continue to be security for the payment or satisfaction of such loans or obligations by such certificate holder or his successor or

successors in interest, at the premises affected thereby or at any other premises to which the traffic in liquors may be transferred, and for the payment c satisfaction of any additional loans to, or obligations incurred by, such certificate holder or his successor or successors in interest, to and including October thirty-first, nineteen hundred and eighteen, prior to and including which date any certificate issued in lieu of or in renewal of such assigned or transferred certificate may in like manner be assigned or transferred. Any such liquor tax certificate, or any liquor tax certificate issued in lieu of or in renewal thereof, so assigned or transferred shall continue as security for the payment of such loans or obligations, or so much thereof as remains unpaid and unsatisfied on said thirty-first day of October, nineteen hundred and eighteen, to and including the thirtieth day of September, nineteen hundred and twenty-five, prior to which latter date any certificate issued in lieu of or in renewal of any such assigned or transferred certificate may be in like manner assigned or transferred. After the thirtieth day of September, nineteen hundred and twenty-five, no liquor tax certificate whatsoever shall be assigned or transferred as collateral security for the payment of moneys loaned or any other obligation incurred, and any such assignment or transfer shall be void and of no effect.

subds. 5, 8,

by L. 1915,

amended.

on applica

license.

6. Subdivisions five and eight of section fifteen of said 15, chapter thirty-nine of the laws of nineteen hundred and nine, as as amended amended by chapter six hundred and fifty-four of the laws of nine ch. 654, teen hundred and fifteen, are hereby amended to read as follows: 5. And a statement that such applicant has not been convicted Statement of a felony; has not been convicted of a violation of this law tion for within three years prior to the date of such application; does not, as owner or agent, carry on, or permit to be carried on, nor is interested in any traffic, business or occupation, the carrying on of which is a violation of law, and may lawfully carry on such traffic in liquors upon such premises, under such subdivision, and is not within any of the prohibitions of this chapter. Also how many buildings nine-tenths of the enclosed cubic space of which is occupied as dwellings the nearest the nearest entrances to which are within three hundred feet measured in a straight line, of the nearest entrance to the premises where the traffic in liquors is intended to be carried on, and whether the

As amended by L. 1909, ch. 281, and L. 1911, ch. 643.

As amended by L. 1909, ch. 281, L. 1910, chaps. 485, 503, L. 1911, ch. 643, and L. 1912, ch. 378.

applicant intends to traffic in liquors under the certificate applied for in any building, yard, booth, or other place, which is on the same street or avenue and within two hundred feet of a building occupied exclusively as a church or schoolhouse, and if either question is answered affirmatively that there are any such dwellings, church or school buildings, then said applicant shall also state whether such traffic in liquors was actually lawfully carried on in such premises on March twenty-third, eighteen hundred and ninety-six, and if yes, the date since which said premises have been continuously occupied for such traffic in liquors; also if the applicant intends to traffic in liquors under the certificate applied for in any buildings, yard, booth, or other place, which is on the same street or avenue and within two hundred feet of a building occupied exclusively as a church or schoolhouse, then said applicant shall state the date since which said premises have been continuously lawfully occupied for such traffic in liquors and the date since which a building or buildings on the same street or avenue and within two hundred feet of said premises has been occupied exclusively as a church or schoolhouse; also whether said premises were actually occupied as a hotel on March twenty-third, eighteen hundred and ninety-six, and if yes, the date since which said premises have been continuously occupied as a hotel, and if no, the date since which the said premises have been continuously occupied for a hotel and the date since which a building or buildings on the same street or avenue within two hundred feet of said premises have been occupied exclusively as a church or schoolhouse; also whether any liquor tax certificate for traffic in liquors in such premises has been revoked or forfeited since the first day of May, nineteen hundred and twelve; and if yes, the date of the entry of the latest final order revoking or the date of the latest conviction or judgment forfeiting the same, and whether the violation for which such revocation or forfeiture was had was that the certificated premises had been suffered or permitted to be disorderly or that gambling had been suffered or permitted therein; also whether any person has been convicted since said date of a violation of the provisions of clause E of section thirty of this chapter relating to gambling or disorder or of section eleven hundred and forty-six or of any section of article eighty-eight of the penal law committed in such premises by the holder of a liquor tax certificate or his agent, or in any premises which have or had any opening or means of

entrance or passageway for persons or things between the premises where such violation occurred and the premises where the traffic in liquors is intended to be carried on; and if yes, the date of the latest conviction of any such person for such violation; also whether traffic in liquors was actually discontinued at said premises by reason of any such revocation or conviction; and if yes, the date when such traffic in liquors was actually discontinued.

of prop

within

distance of

saloon.

8. When the nearest entrance to the premises described in said Consents statement as those in which traffic in liquors is to be carried on erty owners is within three hundred feet, measured in a straight line, of the certain nearest entrance to a building or buildings nine-tenths of the proposed enclosed cubic space of which is occupied for a dwelling, there shall also be filed simultaneously with said statement a consent in writing that such traffic in liquors be so carried on in said premises during a term therein stated, executed by the owner or owners, or by a duly authorized agent or agents of such owner or owners of at least two-thirds of the total number of such buildings within three hundred feet so occupied as dwellings, and acknowledged as are deeds entitled to be recorded, except that such consent shall not be required in cases where such traffic in liquor was actually lawfully carried on in said premises so described in said statement on the twenty-third day of March, eighteen hundred and ninety-six, nor shall such consent be required for any place described in said statement which was occupied as a hotel on said last mentioned date, notwithstanding such traffic in liquors was not then carried on thereat, nor shall such consent be required in cases where traffic in liquors is to be carried on only under subdivision three of section eight of this chapter. Whenever the consents shall have been obtained and filed as required by law at the time of such filing, unless the same be given for a limited term, no further or other consent for trafficking in liquor on such premises shall be required so long as such premises shall be continuously occupied for such traffic.

amended by

ch. 494, L. 1913,

§ 7. Section seventeen of said chapter thirty-nine of the laws§ 17, as of nineteen hundred and nine, as amended by chapter four hun L. 1910, dred and ninety-four of the laws of nineteen hundred and ten and and chapter one hundred and sixty-eight of the laws of nineteen ch. 168, hundred and thirteen, is hereby amended to read as follows: 817. The payment of the tax and issuing of the tax certificate; summer hotels in towns. When the provisions of sections fifteen and sixteen of this chapter have been complied with and the

amended.