N.Y. General Business Law § 1019: Penalties

§ 1019. Penalties. 1. A person who knowingly advances or profits from

a prohibited combative sport shall be guilty of a class A misdemeanor,

and shall be guilty of a class E felony if he or she has been convicted

in the previous five years of violating this subdivision.

2. Any person who knowingly advances or profits from a prohibited

combative sport shall also be subject to a civil penalty not to exceed

for the first violation ten thousand dollars or twice the amount of gain

derived therefrom whichever is greater, or for a subsequent violation

twenty-five thousand dollars or twice the amount of gain derived

therefrom whichever is greater. The attorney general is hereby empowered

to commence judicial proceedings to recover such penalties and to obtain

injunctive relief to enforce the provisions of this section.

3. Any person or corporation who directly or indirectly conducts any

combative sport without first having procured an appropriate license, or

having been designated an authorized sanctioning entity as prescribed in

this article shall be guilty of a misdemeanor. Any person who

participates in a combative sport as a referee, judge, match-maker,

timekeeper, professional, manager, trainer, or second without first

having procured an appropriate license as prescribed in this article, or

where such combative sport is prohibited under this article shall be

guilty of a misdemeanor. Any person, partnership or corporation who

promotes a professional wrestling match or exhibition in the state

without first having procured an appropriate license in accordance with

section one thousand seventeen of this article, shall be guilty of a

misdemeanor.

4. Any corporation, entity, person or persons, licensed, permitted or

otherwise authorized under the provisions of this article, that shall

knowingly violate any rule or order of the commission or any provision

of this article, in addition to any other penalty by law prescribed,

shall be liable to a civil penalty not to exceed ten thousand dollars

for the first offense and not to exceed twenty-five thousand dollars for

the second and each subsequent offense, to be imposed by the commission,

to be sued for by the attorney-general in the name of the people of the

state of New York if directed by the commission. The commission, for

cause shown, may extend the time for the payment of such penalty and, by

compromise, may accept less than the amount of such penalty as imposed

in settlement thereof. For the purposes of this section, each

transaction or statutory violation shall constitute a separate offense,

except that a second or subsequent offense shall not be deemed to exist

unless a decision has been rendered in a prior, separate and independent

proceeding.

5. On the first infraction of rules or regulations promulgated

pursuant to subdivision two of section one thousand nine of this

article, which infraction may include more than one individual

violation, the commission may impose a civil fine of up to two hundred

fifty dollars for each health and safety violation and may suspend the

training facility's license until the violation or violations are

corrected. On the second such infraction, the commission may impose a

civil fine of up to five hundred dollars for each health and safety

violation and may suspend the training facility's license until the

violation or violations are corrected. On the third such infraction or

for subsequent infractions, the commission may impose a civil fine of up

to seven hundred fifty dollars for each health and safety violation and

may revoke the training facility's license.

6. Any individual, corporation, association or club failing to fully

comply with paragraph (a) of subdivision twelve of section one thousand

fifteen of this article shall be subject to a penalty of five hundred

dollars to be collected by and paid to the department of state. Any

individual, corporation, association or club is prohibited from

operating any shows or exhibitions until all penalties due pursuant to

this section and taxes, interest and penalties due pursuant to article

nineteen of the tax law have been paid.

7. All penalties imposed and collected by the commission from any

corporation, entity, person or persons licensed under the provisions of

this article, which fines and penalties are imposed and collected under

authority hereby vested shall within thirty days after the receipt

thereof by the commission be paid by them into the state treasury.