N.Y. General Business Law § 159: Violations and penalties

§ 159. Violations and penalties. 1. Except as otherwise provided by

law, any travel consultant who shall violate the terms of section one

hundred fifty-eight of this article shall be guilty of a misdemeanor.

2. Except as otherwise provided by law, any travel promoter who shall

knowingly violate the terms of section one hundred fifty-eight-a of this

article shall be guilty of a misdemeanor.

3. The district attorney of any county may bring an action in the name

of the people of the state to restrain or prevent any violation of this

article or any continuance of any such violation.

4. Enforcement; penalties. Whenever there shall be a violation of

section one hundred fifty-seven-a, one hundred fifty-eight or one

hundred fifty-eight-a of this article, an application may be made by the

attorney general in the name of the people of the state of New York to a

court or justice having jurisdiction by a special proceeding to issue an

injunction, and upon notice to the defendant of not less than five days,

to enjoin and restrain the continuance of such violations; and if it

shall appear to the satisfaction of the court or justice that the

defendant has, in fact, violated this article, an injunction may be

issued by such court or justice, enjoining and restraining any further

violation, without requiring proof that any person has, in fact, been

injured or damaged thereby. In any such proceeding, the court may make

allowances to the attorney general as provided in paragraph six of

subdivision (a) of section eighty-three hundred three of the civil

practice law and rules, and direct restitution. Whenever the court

shall determine that a violation of this article has occurred, the court

may impose a civil penalty of not more than five hundred dollars for

each violation. In connection with any such proposed application, the

attorney general is authorized to take proof and make a determination of

the relevant facts and to issue subpoenas in accordance with the civil

practice law and rules.