Bill Text: NY A09533 | 2009-2010 | General Assembly | Amended


Bill Title: Establishes penalties for persons who sell alcohol to persons under the age of twenty-one years; increases fines and length of imprisonment for the sale of alcoholic beverages without having the appropriate wine/beer/liquor license.

Spectrum: Moderate Partisan Bill (Democrat 25-8)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in economic development [A09533 Detail]

Download: New_York-2009-A09533-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9533--A
                                 I N  A S S E M B L Y
                                   January 12, 2010
                                      ___________
       Introduced  by  M.  of  A. ESPAILLAT, TITUS, MAYERSOHN, COLTON, GUNTHER,
         N. RIVERA, CYMBROWITZ, ARROYO, WEISENBERG,  DINOWITZ,  ORTIZ,  GIBSON,
         MENG,  CASTRO,  SPANO, ROBINSON, FIELDS, MAISEL, BARRON -- Multi-Spon-
         sored by -- M. of A. ABBATE,  BACALLES,  BURLING,  CRESPO,  DenDEKKER,
         ERRIGO,  FINCH,  McDONOUGH,  NOLAN,  PHEFFER,  REILLY, TOBACCO, TOWNS,
         TOWNSEND -- read once and referred to the Committee on Economic Devel-
         opment, Job Creation, Commerce and Industry --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         establishing  penalties  for persons who sell alcohol to persons under
         the age of twenty-one years and increasing fines and length of  impri-
         sonment  for the sale of alcoholic beverages without having the appro-
         priate license
         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    7  therefor, or whose license has been revoked, surrendered  or  cancelled,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 on premises license in the county where the unlawful act took
   11  place or by imprisonment in a county jail or penitentiary for a term  of
   12  not  less  than  [thirty]  SIXTY days nor more than one year or both and
   13  upon second conviction thereof shall be punished by a fine not less than
   14  [two] THREE times and not more than [three] FOUR times  the  cost  of  a
   15  special  on  premises  license in the county where the unlawful act took
   16  place or by imprisonment in a county jail or penitentiary for a term  of
   17  not  less  than  [thirty]  SIXTY days nor more than one year or both and
   18  upon all subsequent convictions thereof shall be punished by a fine  not
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15343-03-0
       A. 9533--A                          2
    1  less  than  [three]  FOUR  times and not more than [four] FIVE times the
    2  cost of a special on premises license in the county where  the  unlawful
    3  act took place or by imprisonment in a county jail or penitentiary for a
    4  term of not less than [thirty] SIXTY days nor more than one year or both
    5  provided,  however, that in default of payment of any fine imposed, such
    6  person shall be imprisoned in a county jail or penitentiary for  a  term
    7  of not less than [thirty] SIXTY days.
    8    S 2. This act shall take effect on the one hundred twentieth day after
    9  it shall have become a law.
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