§ 130. Penalties for violations of chapter.
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§ 130. Penalties for violations of chapter. 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been revoked, surrendered or cancelled, shall be guilty of a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 article.
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 five
and subdivision five of section one hundred six of this chapter in the
same manner as provided by subdivision h of section one hundred 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.