Sale of Illegal cigarettes and improperly licensed alcohol
Two great revenue raisers enthusiastically endorsed by Mayor Michael Bloomberg are vigorously prosecuting and fining those accused of violating the rules and regulations dealing with the sale of cigarettes and alcohol, especially beer. While I have no doubt that a collateral purpose of this enforcement is to prevent the sale of cigarettes and alcohol to minors, I will bet you dollars to doughnuts that an even more important function is to help fill the empty coffers of our great city.
These cases are vigorously prosecuted and generally start with an undercover police officer or agent of the Alcohol Control Board (A.C.B.) going to an establishment, pretending to be under the legal age and purchasing either cigarettes or beer or an undercover agent purchasing either untaxed cigarettes or occasionally untaxed liquor. Usually, there are at least three or more undercover incidents involved. An even more serious crime occurs when the shopkeeper sells cigarettes with phony tax stamps on the bottom of the pack or if the amount of cigarettes sold exceeds $20,000.00. In either case, an additional "E" felony charge can be brought in addition to the misdemeanor charges. That enables the enforcement agency to claim there is a persistent pattern that can only be remedied by closing down the establishment.
After the undercover sales, police go to the establishment and frequently close the establishment by padlocking the entrance. At the same time, they serve an order to show cause returnable in State Supreme Court demanding that the respondent show cause why the establishment should not be permanently closed or (if you are lucky) why you should not be permanently prevented from selling liquor or cigarettes. Here in Queens, the summonses are returnable at the General Courthouse at 88-11 Sutphin Boulevard before the Honorable Orin R. Kitzes.
The potential penalties are draconian in scope and size. You cannot go there alone. If you do, you will almost certainly end up paying significantly larger fines than necessary. The better approach is to hire a lawyer who is familiar with these matters. He (or she) will negotiate a penalty that is significantly less than you would otherwise pay, even considering the legal fees that will be required. Additionally, if your establishment was closed (as often happens) your lawyer will be able to get you back in business sooner than you would be able to do by yourself. Sometimes, with the juxtaposition of divine providence and favorable facts, he can even prevail and show that the allegations were incorrect.
While I hope that you are never on the receiving end of such a summons, if you are, make sure that you hire a lawyer to protect your rights. Good luck!