State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 130

§ 130. Penalties  for  violations  of  chapter.    1.  Any  person who  manufactures for sale or  sells  alcoholic  beverages,  other  than  the  illicit  alcoholic  beverages  as  defined in section one hundred fifty,  without having an appropriate license therefor,  or  whose  license  has  been   revoked,   surrendered   or  cancelled,  shall  be  guilty  of  a  misdemeanor, and upon first conviction thereof shall be  punished  by  a  fine  not  more than two times the cost of a special on premises license  in the county where the unlawful act took place or by imprisonment in  a  county  jail or penitentiary for a term of not less than thirty days nor  more than one year or both and upon second conviction thereof  shall  be  punished by a fine not less than two times and not more than three times  the  cost  of  a  special  on  premises  license in the county where the  unlawful act  took  place  or  by  imprisonment  in  a  county  jail  or  penitentiary  for  a term of not less than thirty days nor more than one  year or both and  upon  all  subsequent  convictions  thereof  shall  be  punished  by  a  fine  not  less than three times and not more than four  times the cost of a special on premises license in the county where  the  unlawful  act  took  place  or  by  imprisonment  in  a  county  jail or  penitentiary for a term of not less than thirty days nor more  than  one  year  or  both provided, however, that in default of payment of any fine  imposed,  such  person  shall  be  imprisoned  in  a  county   jail   or  penitentiary for a term of not less than thirty days.    1-a.  Any  licensee,  whose license has been suspended pursuant to the  provisions of this chapter, who sells  alcoholic  beverages  during  the  suspension period, shall be guilty of a misdemeanor, and upon conviction  thereof shall be punished by a fine of not more than two hundred dollars  or  by  imprisonment  in a county jail or penitentiary for a term of not  more than six months, or by both such fine and imprisonment.    2. Any person who shall make any false statement  in  the  application  for  a  license  or  a  permit  under  this chapter shall be guilty of a  misdemeanor, and upon conviction thereof shall be punishable by  a  fine  of  not  more  than  two hundred dollars, or by imprisonment in a county  jail or penitentiary for a term of not more than six months or both.    3. Any violation by any person of any provision of  this  chapter  for  which  no  punishment  or  penalty  is  otherwise  provided  shall  be a  misdemeanor, provided, however, that the provisions of this  subdivision  shall not apply to the prohibitions provided for in subdivision six-a of  section one hundred six of this chapter.    4.  In the city of New York, a summons shall be issued for a violation  of the provisions of subdivision fourteen of  section  one  hundred  and  five, section one hundred and five-a and subdivision five of section one  hundred  and  six  of  this  chapter  in  the same manner as provided by  subdivision h of section one hundred and sixteen of the  New  York  city  criminal courts act.    5.  Any  violation by any person of the alcoholic beverage control law  for which no punishment or penalty is  otherwise  provided  shall  be  a  misdemeanor,  provided, however, that the provisions of this subdivision  shall not apply to the prohibitions provided for in subdivision six-a of  section one hundred six of this chapter.

State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 130

§ 130. Penalties  for  violations  of  chapter.    1.  Any  person who  manufactures for sale or  sells  alcoholic  beverages,  other  than  the  illicit  alcoholic  beverages  as  defined in section one hundred fifty,  without having an appropriate license therefor,  or  whose  license  has  been   revoked,   surrendered   or  cancelled,  shall  be  guilty  of  a  misdemeanor, and upon first conviction thereof shall be  punished  by  a  fine  not  more than two times the cost of a special on premises license  in the county where the unlawful act took place or by imprisonment in  a  county  jail or penitentiary for a term of not less than thirty days nor  more than one year or both and upon second conviction thereof  shall  be  punished by a fine not less than two times and not more than three times  the  cost  of  a  special  on  premises  license in the county where the  unlawful act  took  place  or  by  imprisonment  in  a  county  jail  or  penitentiary  for  a term of not less than thirty days nor more than one  year or both and  upon  all  subsequent  convictions  thereof  shall  be  punished  by  a  fine  not  less than three times and not more than four  times the cost of a special on premises license in the county where  the  unlawful  act  took  place  or  by  imprisonment  in  a  county  jail or  penitentiary for a term of not less than thirty days nor more  than  one  year  or  both provided, however, that in default of payment of any fine  imposed,  such  person  shall  be  imprisoned  in  a  county   jail   or  penitentiary for a term of not less than thirty days.    1-a.  Any  licensee,  whose license has been suspended pursuant to the  provisions of this chapter, who sells  alcoholic  beverages  during  the  suspension period, shall be guilty of a misdemeanor, and upon conviction  thereof shall be punished by a fine of not more than two hundred dollars  or  by  imprisonment  in a county jail or penitentiary for a term of not  more than six months, or by both such fine and imprisonment.    2. Any person who shall make any false statement  in  the  application  for  a  license  or  a  permit  under  this chapter shall be guilty of a  misdemeanor, and upon conviction thereof shall be punishable by  a  fine  of  not  more  than  two hundred dollars, or by imprisonment in a county  jail or penitentiary for a term of not more than six months or both.    3. Any violation by any person of any provision of  this  chapter  for  which  no  punishment  or  penalty  is  otherwise  provided  shall  be a  misdemeanor, provided, however, that the provisions of this  subdivision  shall not apply to the prohibitions provided for in subdivision six-a of  section one hundred six of this chapter.    4.  In the city of New York, a summons shall be issued for a violation  of the provisions of subdivision fourteen of  section  one  hundred  and  five, section one hundred and five-a and subdivision five of section one  hundred  and  six  of  this  chapter  in  the same manner as provided by  subdivision h of section one hundred and sixteen of the  New  York  city  criminal courts act.    5.  Any  violation by any person of the alcoholic beverage control law  for which no punishment or penalty is  otherwise  provided  shall  be  a  misdemeanor,  provided, however, that the provisions of this subdivision  shall not apply to the prohibitions provided for in subdivision six-a of  section one hundred six of this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 130

§ 130. Penalties  for  violations  of  chapter.    1.  Any  person who  manufactures for sale or  sells  alcoholic  beverages,  other  than  the  illicit  alcoholic  beverages  as  defined in section one hundred fifty,  without having an appropriate license therefor,  or  whose  license  has  been   revoked,   surrendered   or  cancelled,  shall  be  guilty  of  a  misdemeanor, and upon first conviction thereof shall be  punished  by  a  fine  not  more than two times the cost of a special on premises license  in the county where the unlawful act took place or by imprisonment in  a  county  jail or penitentiary for a term of not less than thirty days nor  more than one year or both and upon second conviction thereof  shall  be  punished by a fine not less than two times and not more than three times  the  cost  of  a  special  on  premises  license in the county where the  unlawful act  took  place  or  by  imprisonment  in  a  county  jail  or  penitentiary  for  a term of not less than thirty days nor more than one  year or both and  upon  all  subsequent  convictions  thereof  shall  be  punished  by  a  fine  not  less than three times and not more than four  times the cost of a special on premises license in the county where  the  unlawful  act  took  place  or  by  imprisonment  in  a  county  jail or  penitentiary for a term of not less than thirty days nor more  than  one  year  or  both provided, however, that in default of payment of any fine  imposed,  such  person  shall  be  imprisoned  in  a  county   jail   or  penitentiary for a term of not less than thirty days.    1-a.  Any  licensee,  whose license has been suspended pursuant to the  provisions of this chapter, who sells  alcoholic  beverages  during  the  suspension period, shall be guilty of a misdemeanor, and upon conviction  thereof shall be punished by a fine of not more than two hundred dollars  or  by  imprisonment  in a county jail or penitentiary for a term of not  more than six months, or by both such fine and imprisonment.    2. Any person who shall make any false statement  in  the  application  for  a  license  or  a  permit  under  this chapter shall be guilty of a  misdemeanor, and upon conviction thereof shall be punishable by  a  fine  of  not  more  than  two hundred dollars, or by imprisonment in a county  jail or penitentiary for a term of not more than six months or both.    3. Any violation by any person of any provision of  this  chapter  for  which  no  punishment  or  penalty  is  otherwise  provided  shall  be a  misdemeanor, provided, however, that the provisions of this  subdivision  shall not apply to the prohibitions provided for in subdivision six-a of  section one hundred six of this chapter.    4.  In the city of New York, a summons shall be issued for a violation  of the provisions of subdivision fourteen of  section  one  hundred  and  five, section one hundred and five-a and subdivision five of section one  hundred  and  six  of  this  chapter  in  the same manner as provided by  subdivision h of section one hundred and sixteen of the  New  York  city  criminal courts act.    5.  Any  violation by any person of the alcoholic beverage control law  for which no punishment or penalty is  otherwise  provided  shall  be  a  misdemeanor,  provided, however, that the provisions of this subdivision  shall not apply to the prohibitions provided for in subdivision six-a of  section one hundred six of this chapter.