N.Y. Alco. Bev. Cont. Law § 130

§ 130. Penalties for violations of chapter. 1. Any person who\nmanufactures for sale or sells alcoholic beverages, other than the\nillicit alcoholic beverages as defined in section one hundred fifty,\nwithout having an appropriate license therefor, or whose license has\nbeen revoked, surrendered or cancelled, shall be guilty of a\nmisdemeanor, and upon first conviction thereof shall be punished by a\nfine not more than two times the cost of a special on premises license\nin the county where the unlawful act took place or by imprisonment in a\ncounty jail or penitentiary for a term of not less than thirty days nor\nmore than one year or both and upon second conviction thereof shall be\npunished by a fine not less than two times and not more than three times\nthe cost of a special on premises license in the county where the\nunlawful act took place or by imprisonment in a county jail or\npenitentiary for a term of not less than thirty days nor more than one\nyear or both and upon all subsequent convictions thereof shall be\npunished by a fine not less than three times and not more than four\ntimes the cost of a special on premises license in the county where the\nunlawful act took place or by imprisonment in a county jail or\npenitentiary for a term of not less than thirty days nor more than one\nyear or both provided, however, that in default of payment of any fine\nimposed, such person shall be imprisoned in a county jail or\npenitentiary for a term of not less than thirty days.\n 1-a. Any licensee, whose license has been suspended pursuant to the\nprovisions of this chapter, who sells alcoholic beverages during the\nsuspension period, shall be guilty of a misdemeanor, and upon conviction\nthereof shall be punished by a fine of not more than two hundred dollars\nor by imprisonment in a county jail or penitentiary for a term of not\nmore than six months, or by both such fine and imprisonment.\n 2. Any person who shall make any false statement in the application\nfor a license or a permit under this chapter shall be guilty of a\nmisdemeanor, and upon conviction thereof shall be punishable by a fine\nof not more than two hundred dollars, or by imprisonment in a county\njail or penitentiary for a term of not more than six months or both.\n * 3. Any violation by any person of any provision of this chapter for\nwhich no punishment or penalty is otherwise provided shall be a\nmisdemeanor, provided, however, that the provisions of this subdivision\nshall not apply to the prohibitions provided for in subdivision six-a of\nsection one hundred six of this chapter.\n * NB Effective until February 5, 2022\n * 3. (a) Any violation by any person of any provision of this chapter\nfor which no punishment or penalty is otherwise provided shall be a\nmisdemeanor, provided, however, that the provisions of this paragraph\nshall not apply to the prohibitions provided for in subdivision six-a of\nsection one hundred six of this article.\n (b) In lieu of such misdemeanor penalty as provided for in paragraph\n(a) of this subdivision, for a first time violation of either this\nchapter, an authority rule, or regulation, any of which are related to\nadministrative or paperwork violations submitted to or requested by the\nauthority or to actions or omissions that are reasonably determined by\nthe authority to be de minimus under the circumstances, the authority\nshall provide for a cure period or other opportunity for ameliorative\naction if the violation can be corrected, the successful completion of\nwhich will prevent the imposition of penalties on the party or parties\nsubject to enforcement of such violation. Provided, however, that the\nprovisions of this paragraph shall not apply to the prohibitions\nprovided for in section sixty-five or subdivision six-a of section one\nhundred six of this chapter. Further, no waiver of penalties or cure\nperiod or other opportunity for ameliorative action may be given if the\nauthority determines that such violation may result in serious actual\nharm, or may present an endangerment to public safety, human health or\nthe environment, is a violation of human or civil rights law, results in\nloss of employee wages or benefits, interferes with any remedy, review,\nor resolution related to harassment or discrimination claims, was or is\na willful violation, involves tax fraud, violates requirements related\nto federal funding to the state, relates to state funding or\nprocurement, is similar to prior violations, is a penal law violation,\nrelates to a material or substantive portion of the licensee's business,\nor is in contravention of the public interest and/or policy reflected by\nthe authority's mission. Upon such first violation, the authority shall\n(i) provide the licensee with a copy of the applicable rule or\nregulation guides pursuant to section one hundred two-a of the state\nadministrative procedure act and any other helpful guidance or\ninformation detailing the authority's rules and regulations, to the\nextent such materials exist, or (ii) to the extent practicable, provide\nsuch licensee assistance with compliance with the authority's rules and\nregulations. The authority shall have the discretion to determine the\nappropriate period of time to allow such licensee to cure or take such\nother ameliorative action to address such violation, which shall be\nreasonable but shall not be less than fifteen business days and not more\nthan twenty business days unless a longer period is allowed pursuant to\nlaw or regulation.\n * NB Effective February 5, 2022\n 4. In the city of New York, a summons shall be issued for a violation\nof the provisions of subdivision fourteen of section one hundred and\nfive, section one hundred and five-a and subdivision five of section one\nhundred and six of this chapter in the same manner as provided by\nsubdivision h of section one hundred and sixteen of the New York city\ncriminal courts act.\n * 5. Any violation by any person of the alcoholic beverage control law\nfor which no punishment or penalty is otherwise provided shall be a\nmisdemeanor, provided, however, that the provisions of this subdivision\nshall not apply to the prohibitions provided for in subdivision six-a of\nsection one hundred six of this chapter.\n * NB Repealed February 5, 2022\n