ยง 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been revoked, surrendered or cancelled, shall be guilty of a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 article.
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.
Structure New York Laws
ABC - Alcoholic Beverage Control
Article 8 - General Provisions
100 - Alcoholic Beverages Generally.
101 - Manufacturers and Wholesalers Not to Be Interested in Retail Places.
101-AAA - Terms of Sale; Beer or Wine Products.
101-B - Unlawful Discriminations Prohibited; Filing of Schedules; Schedule Listing Fund.
102 - General Prohibitions and Restrictions.
103 - Provisions Governing Manufacturers.
104 - Provisions Governing Wholesalers.
104-A - Provisions Governing Vendors.
105 - Provisions Governing Licensees to Sell at Retail for Consumption Off the Premises.
105-A - Sale of Beer at Retail on Sunday.
105-B - Posting of Certain Signs.
106 - Provisions Governing Licensees to Sell at Retail for Consumption on the Premises.
106-A - Notice of Arrest and Convictions.
107 - Advertising and Forms of Notices of the Issuance of Licenses.
107-A - Labeling Containers of Alcoholic Beverages.
108 - Restrictions Upon Licensees.
109 - Renewals of Licenses and Permits.
110 - Information to Be Requested in Applications for Licenses or Permits.
110-A - Notice of Application for Certain Licenses to Be Published by Applicant.
110-B - Notification to Municipalities.
111 - License to Be Confined to Premises Licensed.
112 - Bonds of Licensees and Permittees.
113 - Premises for Which No License Shall Be Granted.
114 - Licenses, Publication, General Provisions.
114-A - License or Permit Issuance and Registration Approval.
115 - Rules Need Not Be Uniform.
116 - Deliveries of Alcoholic Beverages.
117 - Transportation of Alcoholic Beverages.
117-A - Unlimited Drink Offerings Prohibited.
117-B - Possession or Use of Alcohol Vaporizing Devices Prohibited.
118 - Revocation of Licenses for Cause.
119 - Procedure for Revocation or Cancellation.
120 - Decisions by Liquor Authority.
120-A - Corporate Change; Hearing on Application.
122 - Continuance of Business by Receiver or Other Representative.
123 - Injunction for Unlawful Manufacturing, Sale or Consumption of Liquor, Wine or Beer.
124 - Liquor Authority to Be Necessary Party to Certain Proceedings.
125 - Disposition of Moneys Received for License Fees.
126 - Persons Forbidden to Traffic in Alcoholic Beverages.
127 - Surrender and Cancellation of Licenses; Payment of Refunds; Notice to Police Officials.
127-A - Surrender and Cancellation of Permits; Payment of Refunds; Notice to Police Officials.
127-B - Payment of Refunds on Special Permits and Notice to Police Officers.
127-C - Refunds on Licenses and Permits Erroneously or Unlawfully Cancelled, Revoked or Suspended.
127-D - Refunds on Over-Payment of Fees; Permit Not Issued.
128 - Certain Officials Not to Be Interested in Manufacture or Sale of Alcoholic Beverages.
128-A - Police Officers Allowed to Work in Licensed Premises in Certain Cases.
128-B - Police Officers Allowed to Serve as an Officer of a Volunteer Firefighters' Organization.
128-C - Police Officers Allowed to Serve as an Officer of Veterans' Organization.
129 - Surrender of License; Notice to Police Officials.
130 - Penalties for Violations of Chapter.
131 - New York Alcoholic Beverage Control Problem Premises Task Force.