§ 1019 — Penalties

New York § 1019

• Jurisdiction: New York
• Law GBS: General Business
• Art. 41: Combative Sports

Text

§ 1019. Penalties. 1. A person who knowingly advances or profits from\na prohibited combative sport shall be guilty of a class A misdemeanor,\nand shall be guilty of a class E felony if he or she has been convicted\nin the previous five years of violating this subdivision.\n 2. Any person who knowingly advances or profits from a prohibited\ncombative sport shall also be subject to a civil penalty not to exceed\nfor the first violation ten thousand dollars or twice the amount of gain\nderived therefrom whichever is greater, or for a subsequent violation\ntwenty-five thousand dollars or twice the amount of gain derived\ntherefrom whichever is greater. The attorney general is hereby empowered\nto commence judicial proceedings to recover such penalties and to obtain\ninjunctive relief to enforce the provisions of this section.\n 3. Any person or corporation who directly or indirectly conducts any\ncombative sport without first having procured an appropriate license, or\nhaving been designated an authorized sanctioning entity as prescribed in\nthis article shall be guilty of a misdemeanor. Any person who\nparticipates in a combative sport as a referee, judge, match-maker,\ntimekeeper, professional, manager, trainer, or second without first\nhaving procured an appropriate license as prescribed in this article, or\nwhere such combative sport is prohibited under this article shall be\nguilty of a misdemeanor. Any person, partnership or corporation who\npromotes a professional wrestling match or exhibition in the state\nwithout first having procured an appropriate license in accordance with\nsection one thousand seventeen of this article, shall be guilty of a\nmisdemeanor.\n 4. Any corporation, entity, person or persons, licensed, permitted or\notherwise authorized under the provisions of this article, that shall\nknowingly violate any rule or order of the commission or any provision\nof this article, in addition to any other penalty by law prescribed,\nshall be liable to a civil penalty not to exceed ten thousand dollars\nfor the first offense and not to exceed twenty-five thousand dollars for\nthe second and each subsequent offense, to be imposed by the commission,\nto be sued for by the attorney-general in the name of the people of the\nstate of New York if directed by the commission. The commission, for\ncause shown, may extend the time for the payment of such penalty and, by\ncompromise, may accept less than the amount of such penalty as imposed\nin settlement thereof. For the purposes of this section, each\ntransaction or statutory violation shall constitute a separate offense,\nexcept that a second or subsequent offense shall not be deemed to exist\nunless a decision has been rendered in a prior, separate and independent\nproceeding.\n 5. On the first infraction of rules or regulations promulgated\npursuant to subdivision two of section one thousand nine of this\narticle, which infraction may include more than one individual\nviolation, the commission may impose a civil fine of up to two hundred\nfifty dollars for each health and safety violation and may suspend the\ntraining facility's license until the violation or violations are\ncorrected. On the second such infraction, the commission may impose a\ncivil fine of up to five hundred dollars for each health and safety\nviolation and may suspend the training facility's license until the\nviolation or violations are corrected. On the third such infraction or\nfor subsequent infractions, the commission may impose a civil fine of up\nto seven hundred fifty dollars for each health and safety violation and\nmay revoke the training facility's license.\n 6. Any individual, corporation, association or club failing to fully\ncomply with paragraph (a) of subdivision twelve of section one thousand\nfifteen of this article shall be subject to a penalty of five hundred\ndollars to be collected by and paid to the department of state. Any\nindividual, corporation, association or club is prohibited from\noperating any shows or exhibitions until all penalties due pursuant to\nthis section and taxes, interest and penalties due pursuant to article\nnineteen of the tax law have been paid.\n 7. All penalties imposed and collected by the commission from any\ncorporation, entity, person or persons licensed under the provisions of\nthis article, which fines and penalties are imposed and collected under\nauthority hereby vested shall within thirty days after the receipt\nthereof by the commission be paid by them into the state treasury.\n