N.Y. General Business Law § 89-www: Violations and penalties

§ 89-www. Violations and penalties. 1. Any individual who is employed

as an armored car guard or who acts as an armored car guard in violation

of the provisions of this article or who knowingly and willfully makes

material misstatements in the application for or renewal of his or her

conditional letter of authority or registration card, as the case may

be, or who permits or authorizes the employment of an individual as an

armored car guard in violation of the provisions of this article, shall

be guilty of a misdemeanor, which, upon conviction, shall be punishable

by a term of imprisonment not to exceed 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. a. Any holder who shall knowingly and willfully fail to surrender

his or her conditional letter of authority or registration card within

five days of receipt of notice of suspension, revocation, or nonrenewal

thereof by the secretary, or the officer designated by the secretary to

preside over the hearing, pursuant to the provisions of section

eighty-nine-vvv 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.

b. Notwithstanding the provisions of paragraph a of this subdivision,

where it is determined after a hearing that the holder has violated one

or more provisions of this article pursuant to paragraph c of sudivision

three of section eighty-nine-vvv of this article, the secretary may, in

lieu of revocation or suspension of the conditional letter of authority

or registration card of such holder, impose a fine not to exceed one

thousand dollars for each violation, payable to the department.

3. Each violation of this article shall be deemed a separate offense.

4. Unless otherwise provided under this article, all fees, fines and

penalties collected under this article shall be deposited to the credit

of the licensing examinations services account established pursuant to

the provisions of section ninety-seven-aa of the state finance law.