§ 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.

Terms Used In N.Y. Alcoholic Beverage Control Law 152

  • 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. See N.Y. Alcoholic Beverage Control Law 150

(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.

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