Bill Text: NY S06442 | 2009-2010 | General Assembly | Introduced
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; increases penalties for sale to minors, loss of barbering license.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2010-01-12 - REFERRED TO CODES [S06442 Detail]
Download: New_York-2009-S06442-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6442 I N S E N A T E January 12, 2010 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the general business law and 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 increas- ing fines and length of imprisonment for the sale of alcoholic bever- ages without having the appropriate license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision (a) of section 441 of the general business law 2 is amended by adding a new paragraph 10 to read as follows: 3 10. CONVICTION UNDER SUBDIVISION TWO OF SECTION 260.20 OF THE PENAL 4 LAW OR SUBDIVISION ONE OF SECTION 65 OF THE ALCOHOLIC BEVERAGE CONTROL 5 LAW. 6 S 2. Subdivision 1 of section 130 of the alcoholic beverage control 7 law, as amended by chapter 750 of the laws of 1982, is amended to read 8 as follows: 9 1. Any person who manufactures for sale or sells alcoholic beverages, 10 other than the illicit alcoholic beverages as defined in section one 11 hundred fifty OF THIS CHAPTER, without having an appropriate license 12 therefor, or whose license has been revoked, surrendered or cancelled, 13 shall be guilty of a misdemeanor, and upon first conviction thereof 14 shall be punished by a fine not more than [two] THREE times the cost of 15 a 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 second conviction thereof shall be punished by a fine not less than 19 [two] THREE times and not more than [three] FOUR times the cost of a 20 special on premises license in the county where the unlawful act took 21 place or by imprisonment in a county jail or penitentiary for a term of 22 not less than [thirty] SIXTY days nor more than one year or both and 23 upon all subsequent convictions thereof shall be punished by a fine not 24 less than [three] FOUR times and not more than [four] FIVE times the 25 cost of a special on premises license in the county where the unlawful EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15343-02-0 S. 6442 2 1 act took place or by imprisonment in a county jail or penitentiary for a 2 term of not less than [thirty] SIXTY days nor more than one year or both 3 provided, however, that in default of payment of any fine imposed, such 4 person shall be imprisoned in a county jail or penitentiary for a term 5 of not less than [thirty] SIXTY days. 6 S 3. This act shall take effect on the one hundred twentieth day after 7 it shall have become a law.