N.Y. Alcoholic Beverage Control Law § 130 – Penalties for violations of chapter | Midpage
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N.Y. Alcoholic Beverage Control Law § 130
Penalties for violations of chapter
Effective Feb 11, 2022
Viewing an earlier version · effective Feb 11, 2022View current
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beverages as defined in section one hundred fifty, without having an appropriate license therefor, or whose license has been revoked, surrendered or cancelled, shall be guilty of a misdemeanor, and upon first conviction thereof shall be punished by a fine not more than two times the cost of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.
(a) 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 paragraph shall not apply to the prohibitions provided for in subdivision six-a of section one hundred six of this article.
(b) In lieu of such misdemeanor penalty as provided for in paragraph (a) of this subdivision, for a first time violation of either this chapter, an authority rule, or regulation, any of which are related to administrative or paperwork violations submitted to or requested by the authority or to actions or omissions that are reasonably determined by the authority to be de minimus under the circumstances, the authority shall provide for a cure period or other opportunity for ameliorative action if the violation can be corrected, the successful completion of which will prevent the imposition of penalties on the party or parties subject to enforcement of such violation. Provided, however, that the provisions of this paragraph shall not apply to the prohibitions provided for in section sixty-five or subdivision six-a of section one hundred six of this chapter. Further, no waiver of penalties or cure period or other opportunity for ameliorative action may be given if the authority determines that such violation may result in serious actual harm, or may present an endangerment to public safety, human health or the environment, is a violation of human or civil rights law, results in loss of employee wages or benefits, interferes with any remedy, review, or resolution related to harassment or discrimination claims, was or is a willful violation, involves tax fraud, violates requirements related to federal funding to the state, relates to state funding or procurement, is similar to prior violations, is a penal law violation, relates to a material or substantive portion of the licensee's business, or is in contravention of the public interest and/or policy reflected by the authority's mission. Upon such first violation, the authority shall (i) provide the licensee with a copy of the applicable rule or regulation guides pursuant to section one hundred two-a of the state administrative procedure act and any other helpful guidance or information detailing the authority's rules and regulations, to the extent such materials exist, or (ii) to the extent practicable, provide such licensee assistance with compliance with the authority's rules and regulations. The authority shall have the discretion to determine the appropriate period of time to allow such licensee to cure or take such other ameliorative action to address such violation, which shall be reasonable but shall not be less than fifteen business days and not more than twenty business days unless a longer period is allowed pursuant to law or regulation.
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.