N.Y. Labor Law § 870-j: Civil penalties

§ 870-j. Civil penalties. 1. Any person who knowingly and willfully

operates an amusement device, viewing stand or tent without any of the

following:

(a) the permit required by section eight hundred seventy-d of this

article; or

(b) the inspections required by section eight hundred seventy-e of

this article; or

(c) the insurance or other security required by section eight hundred

seventy-f of this article shall be subject to a civil penalty of not

less than two thousand dollars, nor more than four thousand dollars, for

each day the violation continues.

2. Any person who operates an amusement device, viewing stand or tent

without any of the following:

(a) the permit required by section eight hundred seventy-d of this

article; or

(b) the inspections required by section eight hundred seventy-e of

this article; or

(c) the insurance or other security required by section eight hundred

seventy-f of this article shall be subject to a civil penalty of not

less than two thousand dollars, nor more than four thousand dollars.

3. The commissioner, in assessing penalties under subdivision one of

this section, shall give due consideration to the appropriateness of the

penalty with respect to the size of the owner's or lessee's business,

the good faith of the owner or lessee and his history of previous

violation.

4. Any operator of an amusement device who has been subject to a civil

penalty imposed pursuant to this section relating to the operation of

such amusement device on two or more occasions within any five year

period of time shall not operate the amusement device in this state, and

such device shall be taken out of service as soon as practicable. When

an amusement device is taken out of service pursuant to this

subdivision, the operator of such device shall sign an affidavit, in a

form approved by the commissioner, that the amusement device was taken

out of service and will remain out of service until such time as the

commissioner determines that the amusement device meets all safety

requirements established pursuant to this article. Any operator of an

amusement device, which is sworn to have been taken out of service, who

operates or allows to be operated such device, in violation of the

operator's affidavit, shall be subject to a fine of ten thousand

dollars.