The New York State Senate

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

                                  6324

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2011
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Economic Development

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 SIXTY-FIVE 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therefor,  or  whose license has been revoked, surrendered or cancelled,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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-01-1

A. 6324                             2

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
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.

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

                                 6324--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2011
                               ___________

Introduced  by  M.  of  A.  CASTRO,  LINARES, JAFFEE, MAISEL, M. MILLER,
  BARRON, P. RIVERA, SCARBOROUGH,  REILLY,  WEISENBERG,  WEPRIN,  SPANO,
  CYMBROWITZ,  HOOPER,  ORTIZ,  MOYA  --  Multi-Sponsored by -- M. of A.
  ABBATE, ARROYO,  CERETTO,  COOK,  CRESPO,  GABRYSZAK,  GIBSON,  JOHNS,
  MARKEY,  MENG,  MONTESANO,  NOLAN  --  read  once  and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general business law, in  relation  to  establishing
  penalties  for  licensed barbers who sell alcohol to persons under the
  age of twenty-one years

  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 SIXTY-FIVE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW AT THE BARBER'S PLACE OF BUSINESS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-04-1