S T A T E O F N E W Y O R K
________________________________________________________________________
6442
I N S E N A T E
January 12, 2010
___________
Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the general business law and 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 increas-
ing fines and length of imprisonment for the sale of alcoholic bever-
ages without having the appropriate license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 441 of the general business law
is amended by adding a new paragraph 10 to read as follows:
10. CONVICTION UNDER SUBDIVISION TWO OF SECTION 260.20 OF THE PENAL
LAW OR SUBDIVISION ONE OF SECTION 65 OF THE ALCOHOLIC BEVERAGE CONTROL
LAW.
S 2. 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therefor, or whose license has been revoked, surrendered or cancelled,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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15343-02-0
S. 6442 2
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 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.