2006 New York Code - Violations.

 
    §  20-674 Violations. a. (1) Any person who violates the provisions of
  this subchapter or any  rules  or  regulations  promulgated  thereunder,
  other  than  sections 20-673.1 and 20-673.2 and any rules or regulations
  promulgated thereunder, shall be guilty of a misdemeanor punishable by a
  fine of not less than five hundred dollars nor more  than  ten  thousand
  dollars,  or  by  imprisonment for not more than thirty days, or by both
  such fine and imprisonment.
    (2) Any person who violates the provisions of this subchapter  or  any
  rules   or  regulations  promulgated  thereunder,  other  than  sections
  20-673.1  and  20-673.2  and  any  rules  or   regulations   promulgated
  thereunder,  who  has  been  found  guilty  of  a  violation of any such
  sections or such rules or regulations two  times  within  the  preceding
  twenty-four  month period shall be guilty of a misdemeanor punishable by
  a fine of not less than one  thousand  dollars  nor  more  than  fifteen
  thousand  dollars,  or by imprisonment for not more than ninety days, or
  by both such fine and imprisonment.
    (3) In addition to  the  penalties  prescribed  by  paragraph  one  of
  subdivision a of this section, any person who violates the provisions of
  this  subchapter  or  any  rules  or regulations promulgated thereunder,
  other than sections 20-673.1 and 20-673.2 and any rules  or  regulations
  promulgated  thereunder, shall be liable for a civil penalty of not less
  than five hundred dollars nor  more than ten thousand dollars.
    (4) In addition to  the  penalties  prescribed  by  paragraph  two  of
  subdivision a of this section, any person who violates the provisions of
  this  subchapter  or  any  rules  or regulations promulgated thereunder,
  other than sections 20-673.1 and 20-673.2 and any rules  or  regulations
  promulgated  thereunder, who has been found guilty of a violation of any
  such sections  or  such  rules  or  regulations  two  times  within  the
  preceding  twenty-four  month period shall be liable for a civil penalty
  of not less than one thousand dollars nor  more  than  fifteen  thousand
  dollars.
    b.  Any person who violates the provisions of section 20-673.1 of this
  subchapter or any rules or regulations promulgated thereunder  shall  be
  liable  for  a  civil  penalty of not less than five hundred dollars nor
  more than ten thousand dollars.
    c. (1) If, after providing due notice and an opportunity to be  heard,
  the  commissioner finds that a person has violated any of the provisions
  of section 20-673.2  of  this  subchapter  or  any  rule  or  regulation
  promulgated thereunder, he or she shall be authorized to issue and serve
  upon such person an order requiring such person to cease and desist from
  engaging  in  the prohibited activity. Such order shall become final (i)
  upon the expiration of the time allowed for  filing  any  administrative
  appeal  which  may be available and for commencing a proceeding pursuant
  to article seventy-eight of the civil practice law  and  rules  or  (ii)
  upon  the  exhaustion  of  all  appeals  arising  out of the proceedings
  described in item (i) of this paragraph.  Any  person  who  violates  an
  order  of  the  commissioner  issued hereunder after it has become final
  shall be liable for a civil  penalty  of  not  less  than  five  hundred
  dollars nor more than ten thousand dollars for each violation.
    (2) Any person who violates the provisions of section 20-673.2 of this
  subchapter  or  any  rules  or  regulations  promulgated thereunder with
  actual knowledge or knowledge fairly implied on the basis  of  objective
  circumstances  that  the  act  or  practice  underlying the violation is
  unfair or deceptive shall be liable for a civil penalty of not less than
  five hundred dollars nor  more  than  ten  thousand  dollars;  provided,
  however,  that  in  order  for any retailer to be held liable under this
  paragraph for violating any of the provisions of subdivisions d or e  of
  such  section  20-673.2, such retailer shall be shown to have had actual


  knowledge that the act or practice underlying the violation is unfair or
  deceptive. In determining the amount of any civil penalty imposed  under
  this  paragraph,  the  following  shall  be  considered:  the  degree of
  culpability;  any  history of prior such conduct; ability to pay; effect
  on ability to continue to do business; and such other matters as justice
  may require.
    d. In the case of a violation through  continuing  failure  to  comply
  with  any of the provisions of this subchapter, any rules or regulations
  promulgated thereunder, or any order of the commissioner issued pursuant
  to subdivision c of this section, each day of the  continuance  of  such
  failure shall be treated as a separate violation.
    e.  The  civil  penalties prescribed by the provisions of this section
  may be imposed by the commissioner after due notice and  an  opportunity
  to  be heard have been provided or may be recovered in a civil action in
  the name of the city, commenced in a court of competent jurisdiction. In
  any civil action commenced to recover civil penalties for violation of a
  final order of the commissioner issued pursuant to subdivision c of this
  section, the supreme court of  New  York  is  empowered  to  grant  such
  injunctive  or  equitable  relief  as the court deems appropriate in the
  enforcement of such final order.
    f. Notwithstanding the foregoing, the commissioner shall cause  to  be
  published  in  the  City  Record  once  each month the name and business
  location of any person, firm or corporation that has been found to  have
  violated any provision of sections 20-673.1 or 20-673.2 during the month
  immediately preceding.