N.Y. Alcoholic Beverage Control Law § 153: Stills and distilling apparatus

§ 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.