2019 New York Laws
LAB - Labor
Article 27 - Carnival, Fair and Amusement Park Safety
870-J - Civil Penalties.

§  870-j.  Civil  penalties. 1. Any person who knowingly and willfully
operates an amusement device, viewing stand or tent without any  of  the
following:
  (a)  the  permit  required  by section eight hundred seventy-d of this
article; or
  (b) the inspections required by section  eight  hundred  seventy-e  of
this article; or
  (c)  the insurance or other security required by section eight hundred
seventy-f of this article shall be subject to a  civil  penalty  of  not
less than two thousand dollars, nor more than four thousand dollars, for
each day the violation continues.
  2.  Any person who operates an amusement device, viewing stand or tent
without any of the following:
  (a) the permit required by section eight  hundred  seventy-d  of  this
article; or
  (b)  the  inspections  required  by section eight hundred seventy-e of
this article; or
  (c) the insurance or other security required by section eight  hundred
seventy-f  of  this  article  shall be subject to a civil penalty of not
less than two thousand dollars, nor more than four thousand dollars.
  3. The commissioner, in assessing penalties under subdivision  one  of
this section, shall give due consideration to the appropriateness of the
penalty  with  respect  to the size of the owner's or lessee's business,
the good faith of the owner  or  lessee  and  his  history  of  previous
violation.
  4. Any operator of an amusement device who has been subject to a civil
penalty  imposed  pursuant  to this section relating to the operation of
such amusement device on two or more  occasions  within  any  five  year
period of time shall not operate the amusement device in this state, and
such  device  shall be taken out of service as soon as practicable. When
an  amusement  device  is  taken  out  of  service  pursuant   to   this
subdivision,  the  operator of such device shall sign an affidavit, in a
form approved by the commissioner, that the amusement device  was  taken
out  of  service  and  will remain out of service until such time as the
commissioner determines that  the  amusement  device  meets  all  safety
requirements  established  pursuant  to this article. Any operator of an
amusement device, which is sworn to have been taken out of service,  who
operates  or  allows  to  be  operated  such device, in violation of the
operator's affidavit, shall  be  subject  to  a  fine  of  ten  thousand
dollars.