N.Y. Arts and Cultural Affairs Law § 25.35: Criminal penalties

* § 25.35. Criminal penalties. 1. (a) Any person, firm, corporation or

other entity, whether or not domiciled, licensed or registered within

the state, which is convicted of violating section 25.27 or 25.29 of

this article shall be guilty of a class A misdemeanor punishable by a

fine not to exceed one thousand dollars or two times the amount of the

defendant's gain, to be determined pursuant to the procedures set forth

in section 400.30 of the criminal procedure law, whichever is greater,

or by a term of imprisonment not to exceed one year, or by both such

fine and imprisonment.

(b) Any person, firm, corporation or other entity, whether or not

domiciled, licensed, or registered within the state, which is convicted

of violating section 25.27 or 25.29 of this article, when the value of

the commission, gratuity, bonus, premium or price unlawfully paid or

accepted exceeds one thousand dollars for an event as defined in section

23.03 of this chapter, whether or not such payment is for tickets to a

single performance of that event, shall be guilty of a class E felony,

punishable by a term of imprisonment in accordance with the penal law,

or by a fine of five thousand dollars or two times the amount of the

defendant's gain, to be determined pursuant to the procedures set forth

in section 400.30 of the criminal procedure law, whichever is greater,

or by both such fine and imprisonment.

2. Any person, firm or corporation which is convicted of violating

subdivision two of section 25.09 of this article shall be guilty of a

misdemeanor punishable by a term of imprisonment not to exceed one year

or by a fine not to exceed seven hundred fifty dollars on the first

conviction; one thousand five hundred dollars on the second conviction;

and two thousand dollars, on each subsequent conviction or by both such

fine and imprisonment.

3. Any person, firm or corporation which is convicted of knowingly

violating subdivision one of section 25.07 or section 25.13 or section

25.15 of this article shall be guilty of a misdemeanor punishable by a

term of imprisonment not to exceed one hundred eighty days or by a fine

not to exceed five hundred dollars on the first conviction; one thousand

dollars on the second conviction; and two thousand dollars on each

subsequent conviction or by both such fine and imprisonment.

4. Notwithstanding any other penalty which may be imposed for any

other violation of this article, any person, firm or corporation which

is convicted of violating section 25.11 of this article shall be guilty

of a violation punishable by a fine not to exceed two hundred dollars on

the first conviction; five hundred dollars on the second conviction; and

one thousand dollars on each subsequent conviction.

5. Any person, firm or corporation which is convicted of violating

subdivision one of section 25.09 of this article shall be guilty of a

violation punishable by a fine not to exceed five hundred dollars.

6. Any person, firm or corporation which is convicted of violating any

other section of this article shall be guilty of a violation punishable

by a fine not to exceed two hundred fifty dollars.

7. Notwithstanding any other provision to the contrary, when the fines

included in this section are imposed on a firm, corporation or other

entity that is not a single person, such fines may be imposed at up to

two times the amount otherwise allowed, or, where applicable, three

times the amount of the defendant's gain.

* NB Repealed July 1, 2027