§ 412. Penalties. 1. The practice of nail specialty, waxing, natural
hair styling, esthetics or cosmetology without a license or while under
suspension or revocation, or in violation of an order directing the
cessation of unlicensed activity issued by the secretary pursuant to
section four hundred ten or four hundred eleven of this article, is a
violation and is subject to a civil penalty of up to five hundred
dollars for the first violation; one thousand dollars for a second such
violation; and two thousand five hundred dollars for a third violation
and any subsequent violation.

2. The following violations shall be deemed separate offenses and be
deemed a misdemeanor, and upon conviction, shall be punishable by
imprisonment for not more than six months, or by a fine of up to two
thousand five hundred dollars or by both such fine and imprisonment:

(a) the operation of an appearance enhancement business without a
license or when such license has been suspended or revoked; or

(b) the operation of an appearance enhancement business in violation
of an order directing the cessation of unlicensed activity issued by the
secretary pursuant to section four hundred ten of this article.

3. The operation of an appearance enhancement business without a (a)
bond or (b) liability insurance or liability coverage which is covered
through a bond shall be punishable by a civil penalty of up to two
thousand five hundred dollars. The enforcement of this provision shall
require the department of financial services to certify in writing to
the secretary that any bonds or liability insurance that is required by
the department is readily available to appearance enhancement businesses
from the market place.