New York Consolidated Law
Alcoholic Beverage Control Law
Article 10 - Alcoholic Beverage Control Law
SPECIAL PROVISIONS RELATING TO ILLICIT ALCOHOLIC BEVERAGES AND STILLS
||Possession of illicit alcoholic beverages.
||Sale of illicit alcoholic beverages.
||Stills and distilling apparatus.
||Premises used for manufacture or storage of illicit alcoholic beverages.
||Punishment for second offenders.
S 150. Definitions. Whenever used in this article only, unless the
context requires otherwise:
1. "Illicit alcoholic beverage" means and includes any alcohol or
distilled spirits owned, manufactured, distributed, bought, sold,
bottled, rectified, blended, treated, fortified, mixed, processed,
warehoused, possessed or transported on which any tax required to have
been paid under any applicable federal law has not been paid.
S 151. Possession of illicit alcoholic beverages. Any person who
shall knowingly possess or have under his control any illicit alcoholic
beverages is guilty of a misdemeanor.
S 152. Sale of illicit alcoholic beverages. (a) Any person who shall
knowingly barter or exchange with, or sell, give or offer to sell or to
give another any illicit alcoholic beverage is guilty of a misdemeanor.
(b) Any person who shall possess or have under his control or
transport any illicit alcoholic beverage with intent to barter or
exchange with, or to sell or give to another the same or any part
thereof is guilty of a misdemeanor. Such intent is presumptively
established by proof that the person knowingly possessed or had under
his control one or more gallons of illicit alcoholic beverages. This
presumption may be rebutted.
S 153. Stills and distilling apparatus. Any person who shall
manufacture any illicit alcoholic beverage or who, not being duly
licensed as a distiller under the provisions of the alcoholic beverage
control law, shall own, operate, possesses or have under his control any
still or distilling apparatus is guilty of a felony. "Still" or "
distilling apparatus" shall mean any apparatus designed, intended,
actually used, or capable of being used for or in connection with the
separating of alcoholic or spirituous vapors, or alcohol or spirituous
solutions, or alcohol or spirits, from alcohol or spirituous solutions
or mixtures, but shall not include stills used for laboratory purposes
or stills used for distilling water or other nonalcoholic materials
where the cubic capacity of such stills is one gallon or less.
Provided, however, that it shall not be unlawful for any person to
own, possess or have under his control any still or distilling apparatus
(a) where the same has been duly registered in compliance with or has
otherwise complied with the provisions of federal law and regulations
issued pursuant thereto, or (b) where the same is not required to be
registered under federal law, or (c) where the same is in the possession
of a duly qualified manufacturer of stills under federal law.
The unlawful ownership, operation, possession, control or use of any
still or distilling apparatus or illicit alcoholic beverage is a
nuisance, and each such still and distilling apparatus and illicit
alcoholic beverage is hereby declared to be a nuisance, and when any
such still or distilling apparatus or illicit alcoholic beverage shall
be taken from the possession of any person, the same shall be
surrendered and forfeited to the sheriff of the county wherein the same
shall be taken, except that in a city having a population of
seventy-five thousand or more, the same shall be surrendered and
forfeited to the police commissioner or other head of the police force
or department of said city and except that in the county of Nassau, the
same shall be surrendered and forfeited to the commissioner of the
county police department.
S 154. Premises used for manufacture or storage of illicit alcoholic beverages.
Any person who, being the owner, lessee, or occupant of any
room, shed, tenement, booth or building, float or vessel, or part
thereof, knowingly permits the same to be used for the manufacture,
distribution, purchase, sale, bottling, rectifying, blending, treating,
fortifying, mixing, processing, warehousing, transportation, distilling,
or storage of an illicit alcoholic beverage, is guilty of a misdemeanor.
S 155. Punishment for second offenders. Any person who is convicted
of violating section one hundred fifty-two or section one hundred
fifty-four of this chapter and who has been previously convicted of a
violation of either of these said sections or after the effective date
of this article has been convicted in any other state or federal court
of a crime which if committed in this state would constitute a violation
of either of said sections, is guilty of a felony and shall be
punishable for a felony.
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