New York § 89-JJJ - 89-JJJViolations and penalties

§ 89-JJJ. 89-JJJViolations and penalties

§ 89-jjj. Violations and penalties. 1. Any armored car carrier and the several members, principals, officers, directors, agents or employees thereof, who shall knowingly and willfully make material misstatements in the application for a license, or renewal thereof, under the provisions of this article, or which permits or authorizes the employment of an individual as an armored car guard in violation of the provisions of article eight-C of this chapter, 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. Upon the motion of the secretary or upon his or her own motion, the attorney general shall investigate alleged provision of unlicensed armored car services. In the event that the attorney general determines that unlicensed armored car services are being or have been provided, he or she shall commence a civil action against those responsible persons, and an application shall be made in the name of the people of the state to a court of competent jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of the provision of unlicensed armored car services; and, if it shall appear to the satisfaction of the court that the defendant has engaged in the business of providing unlicensed armored car services, an injunction may be issued by such court or justice, enjoining and restraining any such unlicensed services, without requiring proof that any person has, in fact, been injured or damaged thereby. Whenever the court shall determine that the defendant has violated the provisions of this article by providing unlicensed armored car services, the court may fine such defendant not less than one thousand dollars for each violation, but in no event shall the total amount of such fine exceed the sum of twenty-five thousand dollars. 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 by the state comptroller to the credit of the licensing examinations services account within the miscellaneous special revenue fund established pursuant to the provisions of section ninety-seven-aa of the state finance law.