N.Y. Cannabis Law § 16: Violations of cannabis laws or regulations; penalties and injunctions

§ 16. Violations of cannabis laws or regulations; penalties and

injunctions. 1. Any person who violates, disobeys or disregards any term

or provision of this chapter or of any lawful notice, order or

regulation pursuant thereto for which a civil penalty is not otherwise

expressly prescribed in this chapter by law, may be liable to the people

of the state for a civil penalty of not to exceed five thousand dollars

for each such violation or subsequent violation. In assessing the civil

penalty under this subdivision, the board or office, as may be

applicable shall take into consideration the nature of such violation

and shall assess a penalty that is proportionate to the violation.

2. The penalty provided for in subdivision one of this section may be

recovered by an action or proceeding in a court of competent

jurisdiction brought by the board or the office, as may be applicable,

or by the attorney general at the request of the board or the office.

3. Such civil penalty may be released or compromised by the board or

the office, as may be applicable, before the matter has been referred to

the attorney general, and where such matter has been referred to the

attorney general, any such penalty may be released or compromised and

any action or proceeding commenced to recover the same may be settled

and discontinued by the attorney general with the consent of the board.

4. It shall be the duty of the attorney general upon the request of

the board or office, as may be applicable, to bring an action or

proceeding against any person who violates, disobeys or disregards any

term or provision of this chapter or of any lawful notice, order or

regulation pursuant thereto for any relief authorized under this

chapter, including equitable and/or injunctive relief and the recovery

of civil penalties; provided, however, that the board or executive

director shall furnish the attorney general with such material,

evidentiary matter or proof as may be requested by the attorney general

for the prosecution of such an action or proceeding.

5. It is the purpose of this section to provide additional and

cumulative remedies, and nothing herein contained shall abridge or alter

rights of action or remedies now or hereafter existing, nor shall any

provision of this section, nor any action done by virtue of this

section, be construed as estopping the state, persons or municipalities

in the exercising of their respective rights.

6. The board or the office, as may be applicable, shall forward any

final findings of a violation under this chapter to any other statewide

licensing agency where such findings were entered against a business

holding any other such license, for any such other licensing agency to

review the findings to determine if there has been a violation of any

such license issued by such agency.

7. Any request for a temporary closing order or a temporary

restraining order to be issued without notice in connection with an

action or proceeding brought pursuant to this section or section

sixteen-a of this article or section one hundred thirty-eight-a of this

chapter may be filed under temporary seal pending order of the court

granting or refusing a preliminary injunction and until further order of

the court, and the clerk shall provide a sealed index number upon

request of the office or the attorney general. If temporary sealing

cannot be implemented via the court's electronic filing system, such

action or proceeding shall be permitted by the court to be filed through

hard copy.