Bill Text: NY S02567 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2567 (Prior Session Legislation)

Introduced

Bill Title: Increases the penalties for the illegal sale of alcoholic beverages without the appropriate license or permit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-25 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02567 Detail]

Download: New_York-2011-S02567-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2567
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 25, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         penalties for violations thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section  130  of  the  alcoholic  beverage
    2  control  law,  as amended by chapter 750 of the laws of 1982, is amended
    3  to read as follows:
    4    1.  Any person who manufactures for sale or sells alcoholic beverages,
    5  other than the illicit alcoholic beverages as  defined  in  section  one
    6  hundred  fifty  OF  THIS  CHAPTER, without having an appropriate license
    7  therefor, or whose license has been revoked, surrendered  or  cancelled,
    8  shall  be  guilty  of  a  misdemeanor, and upon first conviction thereof
    9  shall be punished by a fine [not more than two] THREE times the cost  of
   10  a  special THREE YEAR on premises license in the county where the unlaw-
   11  ful act took place or by imprisonment in a county jail  or  penitentiary
   12  for  a  term of not less than thirty days nor more than one year or both
   13  and upon [second conviction] ALL SUBSEQUENT CONVICTIONS thereof shall be
   14  punished by a fine [not less than two times and  not  more  than  three]
   15  FIVE  times  the cost of a special THREE YEAR on premises license in the
   16  county where the unlawful act took place or by imprisonment in a  county
   17  jail  or  penitentiary  for a term of not less than thirty days nor more
   18  than one year or both [and upon all subsequent convictions thereof shall
   19  be punished by a fine not less than three times and not more  than  four
   20  times  the cost of a special on premises license in the county where the
   21  unlawful act took place or by imprisonment in a county jail or  peniten-
   22  tiary  for a term of not less than thirty days nor more than one year or
   23  both] provided, however, that in default of payment of any fine imposed,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06426-01-1
       S. 2567                             2
    1  such person shall be imprisoned in a county jail or penitentiary  for  a
    2  term of not less than thirty days.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.