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   12  therefor, or whose license has been revoked, surrendered  or  cancelled,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.
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