§ 159 — Violations and penalties

New York § 159

• Jurisdiction: New York
• Law GBS: General Business
• Art. 10-A: Truth In Travel Act

Text

§ 159. Violations and penalties. 1. Except as otherwise provided by\nlaw, any travel consultant who shall violate the terms of section one\nhundred fifty-eight of this article shall be guilty of a misdemeanor.\n 2. Except as otherwise provided by law, any travel promoter who shall\nknowingly violate the terms of section one hundred fifty-eight-a of this\narticle shall be guilty of a misdemeanor.\n 3. The district attorney of any county may bring an action in the name\nof the people of the state to restrain or prevent any violation of this\narticle or any continuance of any such violation.\n 4. Enforcement; penalties. Whenever there shall be a violation of\nsection one hundred fifty-seven-a, one hundred fifty-eight or one\nhundred fifty-eight-a of this article, an application may be made by the\nattorney general in the name of the people of the state of New York to a\ncourt or justice having jurisdiction by a special proceeding to issue an\ninjunction, and upon notice to the defendant of not less than five days,\nto enjoin and restrain the continuance of such violations; and if it\nshall appear to the satisfaction of the court or justice that the\ndefendant has, in fact, violated this article, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution. Whenever the court\nshall determine that a violation of this article has occurred, the court\nmay impose a civil penalty of not more than five hundred dollars for\neach violation. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n