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Senate Bill S2144

2009-2010 Legislative Session

Increases penalties for manufacture or sale of liquor without a license

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-S2144 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §130, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S2567

2009-S2144 (ACTIVE) - Summary

Increases the penalties for the illegal sale of alcoholic beverages without the appropriate license or permit.

2009-S2144 (ACTIVE) - Sponsor Memo

2009-S2144 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2144

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  penalties for violations thereof

  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therefor, or whose license has been revoked, surrendered  or  cancelled,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 THREE YEAR on premises license in the county where the unlaw-
ful 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] ALL SUBSEQUENT CONVICTIONS thereof shall be
punished by a fine [not less than two times and  not  more  than  three]
FIVE  times  the cost of a special THREE YEAR 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  peniten-
tiary  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08813-01-9

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