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beverages as defined in section one hundred fifty, without having an appropriate license therefor, or whose license has been revoked, surrendered or cancelled, shall be guilty of a misdemeanor, and upon first conviction thereof shall be punished by a fine not more than two times the cost of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 Oct. 26, 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
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Accessed:
Oct. 26, 2024

Last modified:
Oct. 20, 2023

§ 130’s source at nysenate​.gov

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