Bill Text: NY A06324 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years, including the loss of barbering license.

Spectrum: Moderate Partisan Bill (Democrat 24-4)

Status: (Passed) 2011-08-17 - signed chap.417 [A06324 Detail]

Download: New_York-2011-A06324-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6324
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 14, 2011
                                      ___________
       Introduced by M. of A. CASTRO -- read once and referred to the Committee
         on Economic Development
       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 SIXTY-FIVE OF THE ALCOHOLIC BEVERAGE
    5  CONTROL 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   12  therefor,  or  whose license has been revoked, surrendered or cancelled,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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05823-01-1
       A. 6324                             2
    1  upon  all subsequent convictions thereof shall be punished by a fine not
    2  less than [three] FOUR times and not more than  [four]  FIVE  times  the
    3  cost  of  a special on premises license in the county where the unlawful
    4  act took place or by imprisonment in a county jail or penitentiary for a
    5  term of not less than [thirty] SIXTY days nor more than one year or both
    6  provided,  however, that in default of payment of any fine imposed, such
    7  person shall be imprisoned in a county jail or penitentiary for  a  term
    8  of not less than [thirty] SIXTY days.
    9    S 3. This act shall take effect on the one hundred twentieth day after
   10  it shall have become a law.
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