N.Y. General Business Law § 426: Violations and penalties

§ 426. Violations and penalties. 1. Any person, partnership,

association or corporation and the several members, principals,

officers, directors, agents and employees thereof, who knowingly and

willfully makes material misstatements in the application for a renewal

of a license in this article shall be guilty of a misdemeanor, which

upon conviction shall be punishable by imprisonment for not more than

six months or by a fine of not more than one thousand dollars, or by

both such fine and imprisonment, upon the first conviction and by a term

of imprisonment not to exceed one year, or by a fine of not less than

one thousand dollars and not to exceed two thousand five hundred

dollars, or by both such fine and imprisonment, upon a subsequent

conviction.

2. Any licensee who shall knowingly and willfully fail to surrender

his or her license within five days of receipt of notice of suspension,

revocation or non-renewal thereof by the secretary, or the officer

designated by the secretary to preside over the hearing, pursuant to the

provisions of section four hundred twenty-four of this article, shall be

guilty of a violation, punishable by a fine not to exceed two hundred

fifty dollars, in addition to any other penalty prescribed by law.

3. Notwithstanding the provisions of subdivision two of this section,

when it is determined after a hearing pursuant to section four hundred

twenty-four of this article that the licensee has violated one or more

provisions of this article, the secretary may, in lieu of revocation or

suspension of such license, impose a fine not to exceed one thousand

dollars for each violation payable to the department.