S T A T E O F N E W Y O R K
________________________________________________________________________
9533--A
I N A S S E M B L Y
January 12, 2010
___________
Introduced by M. of A. ESPAILLAT, TITUS, MAYERSOHN, COLTON, GUNTHER,
N. RIVERA, CYMBROWITZ, ARROYO, WEISENBERG, DINOWITZ, ORTIZ, GIBSON,
MENG, CASTRO, SPANO, ROBINSON, FIELDS, MAISEL, BARRON -- Multi-Spon-
sored by -- M. of A. ABBATE, BACALLES, BURLING, CRESPO, DenDEKKER,
ERRIGO, FINCH, McDONOUGH, NOLAN, PHEFFER, REILLY, TOBACCO, TOWNS,
TOWNSEND -- read once and referred to the Committee on Economic Devel-
opment, Job Creation, Commerce and Industry -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the alcoholic beverage control law, in relation to
establishing penalties for persons who sell alcohol to persons under
the age of twenty-one years and increasing fines and length of impri-
sonment for the sale of alcoholic beverages without having the appro-
priate license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 130 of the alcoholic beverage
control law, as amended by chapter 750 of the laws of 1982, is amended
to read as follows:
1. Any person who manufactures for sale or sells alcoholic beverages,
other than the illicit alcoholic beverages as defined in section one
hundred fifty OF THIS CHAPTER, 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therefor, or whose license has been revoked, surrendered or cancelled,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] 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] SIXTY days nor more than one year or both and
upon second conviction thereof shall be punished by a fine not less than
[two] THREE times and not more than [three] 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] SIXTY days nor more than one year or both and
upon all subsequent convictions thereof shall be punished by a fine not
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15343-03-0
A. 9533--A 2
less than [three] FOUR times and not more than [four] FIVE 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] SIXTY 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] SIXTY days.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.