2006 New York Code - Penalties.

 
    §  20-960 Penalties. In addition to any other penalty provided by law:
  a.  Except as otherwise provided in subdivision b of this  section,  any
  person  who  violates  any provision of this chapter or any of the rules
  promulgated thereto shall be liable for a civil penalty which shall  not
  exceed  ten thousand dollars for each such violation. Such civil penalty
  may be recovered  in  a  civil  action  or  may  be  returnable  to  the
  department  of  consumer  affairs  or  other  administrative tribunal of
  competent jurisdiction;
    b. Any person who violates subdivision a of  section  20-953  of  this
  chapter  shall,  upon conviction thereof, be punished for each violation
  by a criminal fine of not more than ten thousand dollars for each day of
  such violation or by imprisonment not exceeding six months, or both; and
  any such person shall also be subject to a civil  penalty  of  not  more
  than  five  thousand  dollars  for  each  day  of  such  violation to be
  recovered in a civil action or returnable to the department of  consumer
  affairs or other administrative tribunal of competent jurisdiction; and
    c.  (i)  In  the event that a shipboard gambling business has violated
  subdivision f of section 20-963 of  this  chapter,  the  commission,  in
  addition  to  any other penalty prescribed in this section, shall, after
  providing notice and the opportunity to be heard, be authorized to order
  that any gambling  device  or  other  gambling  equipment  used  in  the
  violation of such subdivision shall be removed, sealed or otherwise made
  inoperable.  An  order pursuant to this paragraph shall be posted on the
  vessel on  which  such  violation  occurs.  The  commission  shall  take
  reasonable  measures to provide notice to a person(s) holding a security
  interest(s) in a gambling device or gambling equipment with  respect  to
  which action is taken pursuant to this section.
    (ii)  Ten  days  after  the  posting  of  an  order issued pursuant to
  paragraph (i) of this subdivision, this order may  be  enforced  by  any
  person so authorized by section 20-962 of this chapter.
    (iii)  Any  gambling  device or gambling equipment removed pursuant to
  the provisions of this subdivision shall be stored at a  dock  or  in  a
  garage,  pound  or  other  place of safety and the owner or other person
  lawfully entitled to the possession of such item  may  be  charged  with
  reasonable costs for removal and storage payable prior to the release of
  such item.
    (iv)  A gambling device or gambling equipment sealed or otherwise made
  inoperable or removed pursuant to this subdivision  shall  be  unsealed,
  restored  to  operability  or  released  upon payment of all outstanding
  fines and  all  reasonable  costs  for  removal  and  storage  and  upon
  demonstration  satisfactory  to  the  commission  that the provisions of
  subdivision f of section 20-963 will be complied with in all respects.
    (v) It shall be a misdemeanor for any person to remove the  seal  from
  or  make  operable  any  gambling device or gambling equipment sealed or
  otherwise made inoperable in accordance with an order of the commission.
    (vi) A gambling device or gambling equipment removed pursuant to  this
  subdivision  that is not reclaimed within ninety days of such removal by
  the owner or other person lawfully entitled to reclaim such  item  shall
  be  subject  to  forfeiture  upon  notice  and judicial determination in
  accordance with provisions  of  law.  Upon  forfeiture,  the  commission
  shall,  upon  a  public  notice of at least ten business days, sell such
  item at public sale. The net proceeds of such sale, after  deduction  of
  the lawful expenses incurred, shall be paid into the general fund of the
  city.
    d. The corporation counsel is authorized to commence a civil action on
  behalf  of  the  city  for  injunctive  relief to restrain or enjoin any
  activity in violation of this chapter and for civil penalties.