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This entry was published on 2021-12-31
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SECTION 130
Penalties for violations of chapter
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 130. Penalties for violations of chapter. 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been revoked, surrendered or cancelled, shall be guilty of a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. 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 subdivision
shall not apply to the prohibitions provided for in subdivision six-a of
section one hundred six of this chapter.

* NB Effective until February 5, 2022

* 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.

* NB Effective February 5, 2022

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.

* 5. Any violation by any person of the alcoholic beverage control law
for which no punishment or penalty is otherwise provided shall be a
misdemeanor, provided, however, that the provisions of this subdivision
shall not apply to the prohibitions provided for in subdivision six-a of
section one hundred six of this chapter.

* NB Repealed February 5, 2022