Section 130. Penalties for violations of chapter  


Latest version.
  • 1.  Any  person who
      manufactures for sale or  sells  alcoholic  beverages,  other  than  the
      illicit  alcoholic  beverages  as  defined in section one hundred fifty,
      without having an appropriate license therefor,  or  whose  license  has
      been   revoked,   surrendered   or  cancelled,  shall  be  guilty  of  a
      misdemeanor, and upon first conviction thereof shall be  punished  by  a
      fine  not  more than two times the cost of a special on premises license
      in the county where the unlawful act took place or by imprisonment in  a
      county  jail or penitentiary for a term of not less than thirty days nor
      more than one year or both and upon second conviction thereof  shall  be
      punished by a fine not less than two times and not more than three times
      the  cost  of  a  special  on  premises  license in the county where the
      unlawful act  took  place  or  by  imprisonment  in  a  county  jail  or
      penitentiary  for  a term of not less than thirty days nor more than one
      year or both and  upon  all  subsequent  convictions  thereof  shall  be
      punished  by  a  fine  not  less than three times and not more than four
      times the cost of a special on premises license in the county where  the
      unlawful  act  took  place  or  by  imprisonment  in  a  county  jail or
      penitentiary for a term of not less than thirty days nor more  than  one
      year  or  both provided, however, that in default of payment of any fine
      imposed,  such  person  shall  be  imprisoned  in  a  county   jail   or
      penitentiary for a term of not less than thirty days.
        1-a.  Any  licensee,  whose license has been suspended pursuant to the
      provisions of this chapter, who sells  alcoholic  beverages  during  the
      suspension period, shall be guilty of a misdemeanor, and upon conviction
      thereof shall be punished by a fine of not more than two hundred dollars
      or  by  imprisonment  in a county jail or penitentiary for a term of not
      more than six months, or by both such fine and imprisonment.
        2. Any person who shall make any false statement  in  the  application
      for  a  license  or  a  permit  under  this chapter shall be guilty of a
      misdemeanor, and upon conviction thereof shall be punishable by  a  fine
      of  not  more  than  two hundred dollars, or by imprisonment in a county
      jail or penitentiary for a term of not more than six months or both.
        3. Any violation by any person of any provision of  this  chapter  for
      which  no  punishment  or  penalty  is  otherwise  provided  shall  be a
      misdemeanor, provided, however, that the provisions of this  subdivision
      shall not apply to the prohibitions provided for in subdivision six-a of
      section one hundred six of this chapter.
        4.  In the city of New York, a summons shall be issued for a violation
      of the provisions of subdivision fourteen of  section  one  hundred  and
      five, section one hundred and five-a and subdivision five of section one
      hundred  and  six  of  this  chapter  in  the same manner as provided by
      subdivision h of section one hundred and sixteen of the  New  York  city
      criminal courts act.
        5.  Any  violation by any person of the alcoholic beverage control law
      for which no punishment or penalty is  otherwise  provided  shall  be  a
      misdemeanor,  provided, however, that the provisions of this subdivision
      shall not apply to the prohibitions provided for in subdivision six-a of
      section one hundred six of this chapter.