§ 89-JJJ — Violations and penalties

§ 89-jjj. Violations and penalties. 1. Any armored car carrier and the\nseveral members, principals, officers, directors, agents or employees\nthereof, who shall knowingly and willfully make material misstatements\nin the application for a license, or renewal thereof, under the\nprovisions of this article, or which permits or authorizes the\nemployment of an individual as an armored car guard in violation of the\nprovisions of article eight-C of this chapter, shall be guilty of a\nmisdemeanor, which, upon conviction, shall be punishable by a term of\nimprisonment not to exceed six months, or by a fine of not more than one\nthousand dollars, or by both such fine and imprisonment, upon the first\nconviction, and by a term of imprisonment not to exceed one year, or by\na fine of not less than one thousand dollars and not to exceed two\nthousand five hundred dollars, or by both such fine and imprisonment,\nupon a subsequent conviction.\n 2. Upon the motion of the secretary or upon his or her own motion, the\nattorney general shall investigate alleged provision of unlicensed\narmored car services. In the event that the attorney general determines\nthat unlicensed armored car services are being or have been provided, he\nor she shall commence a civil action against those responsible persons,\nand an application shall be made in the name of the people of the state\nto a court of competent jurisdiction to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of the provision of unlicensed armored car\nservices; and, if it shall appear to the satisfaction of the court that\nthe defendant has engaged in the business of providing unlicensed\narmored car services, an injunction may be issued by such court or\njustice, enjoining and restraining any such unlicensed services, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. Whenever the court shall determine that the defendant has\nviolated the provisions of this article by providing unlicensed armored\ncar services, the court may fine such defendant not less than one\nthousand dollars for each violation, but in no event shall the total\namount of such fine exceed the sum of twenty-five thousand dollars.\n 3. Each violation of this article shall be deemed a separate offense.\n 4. Unless otherwise provided under this article, all fees, fines and\npenalties collected under this article shall be deposited by the state\ncomptroller to the credit of the licensing examinations services account\nwithin the miscellaneous special revenue fund established pursuant to\nthe provisions of section ninety-seven-aa of the state finance law.\n