Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 89-JJJ
Violations and penalties
General Business (GBS) CHAPTER 20, ARTICLE 8-B
§ 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.