N.Y. ABC Law § 130 — New York Code / Act ABC / Article 8 / Section 130
Penalties for violations of chapter
Status: in_force

§ 130. Penalties for violations of chapter. 1. Any person who\nmanufactures for sale or sells alcoholic beverages, other than the\nillicit alcoholic beverages as defined in section one hundred fifty,\nwithout having an appropriate license therefor, or whose license has\nbeen revoked, surrendered or cancelled, shall be guilty of a\nmisdemeanor, and upon first conviction thereof shall be punished by a\nfine not more than two times the cost of a special on premises license\nin the county where the unlawful act took place or by imprisonment in a\ncounty jail or penitentiary for a term of not less than thirty days nor\nmore than one year or both and upon second conviction thereof shall be\npunished by a fine not less than two times and not more than three times\nthe cost of a special on premises license in the county where the\nunlawful act took place or by imprisonment in a county jail or\npenitentiary for a term of not less than thirty days nor more than one\nyear or both and upon all subsequent convictions thereof shall be\npunished by a fine not less than three times and not more than four\ntimes the cost of a special on premises license in the county where the\nunlawful act took place or by imprisonment in a county jail or\npenitentiary for a term of not less than thirty days nor more than one\nyear or both provided, however, that in default of payment of any fine\nimposed, such person shall be imprisoned in a county jail or\npenitentiary for a term of not less than thirty days.\n  1-a. Any licensee, whose license has been suspended pursuant to the\nprovisions of this chapter, who sells alcoholic beverages during the\nsuspension period, shall be guilty of a misdemeanor, and upon conviction\nthereof shall be punished by a fine of not more than two hundred dollars\nor by imprisonment in a county jail or penitentiary for a term of not\nmore than six months, or by both such fine and imprisonment.\n  2. Any person who shall make any false statement in the application\nfor a license or a permit under this chapter shall be guilty of a\nmisdemeanor, and upon conviction thereof shall be punishable by a fine\nof not more than two hundred dollars, or by imprisonment in a county\njail or penitentiary for a term of not more than six months or both.\n  3. Any violation by any person of any provision of this chapter for\nwhich no punishment or penalty is otherwise provided shall be a\nmisdemeanor, provided, however, that the provisions of this subdivision\nshall not apply to the prohibitions provided for in subdivision six-a of\nsection one hundred six of this article.\n  4. In the city of New York, a summons shall be issued for a violation\nof the provisions of subdivision fourteen of section one hundred five\nand subdivision five of section one hundred six of this chapter in the\nsame manner as provided by subdivision h of section one hundred sixteen\nof the New York city criminal courts act.\n  5. Any violation by any person of the alcoholic beverage control law\nfor which no punishment or penalty is otherwise provided shall be a\nmisdemeanor, provided, however, that the provisions of this subdivision\nshall not apply to the prohibitions provided for in subdivision six-a of\nsection one hundred six of this chapter.\n