N.Y. Alcoholic Beverage Control Law Section 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beverages as defined in section one hundred fifty, without having an appropriate license therefor, or whose license has been revoked, surrendered or cancelled, shall be guilty of a misdemeanor, and upon first conviction thereof shall be punished by a fine not more than two times the cost of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 § 106 (Provisions governing licensees to sell at retail for consumption on the premises)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 five and subdivision five of section one hundred six of this chapter in the same manner as provided by subdivision h of section one hundred 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 § 106 (Provisions governing licensees to sell at retail for consumption on the premises)section one hundred six of this chapter.

Source: Section 130 — Penalties for violations of chapter, https://www.­nysenate.­gov/legislation/laws/ABC/130 (updated Oct. 20, 2023; accessed Jun. 15, 2024).

100
Alcoholic beverages generally
101
Manufacturers and wholesalers not to be interested in retail places
101‑AA
Terms of sale
101‑AAA
Terms of sale
101‑B
Unlawful discriminations prohibited
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‑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
106‑B
Provisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises
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
110‑C
Public license query
111
License to be confined to premises licensed
111‑A
Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees
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
121
Review by courts
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
127‑A
Surrender and cancellation of permits
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
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
130
Penalties for violations of chapter
131
New York alcoholic beverage control problem premises task force

Accessed:
Jun. 15, 2024

Last modified:
Oct. 20, 2023

§ 130’s source at nysenate​.gov

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