89-JJJ - Violations and penalties.

§ 89-jjj. Violations and penalties. 1. Any armored car carrier and the  several  members,  principals,  officers, directors, agents or employees  thereof, who shall knowingly and willfully make  material  misstatements  in  the  application  for  a  license,  or  renewal  thereof,  under the  provisions  of  this  article,  or  which  permits  or  authorizes   the  employment  of an individual as an armored car guard in violation of the  provisions of article eight-C of this chapter,  shall  be  guilty  of  a  misdemeanor,  which,  upon  conviction, shall be punishable by a term of  imprisonment not to exceed six months, or by a fine of not more than one  thousand dollars, or by both such fine and imprisonment, upon the  first  conviction,  and by a term of imprisonment not to exceed one year, or by  a fine of not less than one thousand  dollars  and  not  to  exceed  two  thousand  five  hundred  dollars, or by both such fine and imprisonment,  upon a subsequent conviction.    2. Upon the motion of the secretary or upon his or her own motion, the  attorney general  shall  investigate  alleged  provision  of  unlicensed  armored  car services. In the event that the attorney general determines  that unlicensed armored car services are being or have been provided, he  or she shall commence a civil action against those responsible  persons,  and  an application shall be made in the name of the people of the state  to a court of competent jurisdiction to issue an  injunction,  and  upon  notice  to  the  defendant  of  not  less  than five days, to enjoin and  restrain the continuance of the  provision  of  unlicensed  armored  car  services;  and, if it shall appear to the satisfaction of the court that  the defendant has  engaged  in  the  business  of  providing  unlicensed  armored  car  services,  an  injunction  may  be issued by such court or  justice, enjoining and restraining any such unlicensed services, without  requiring proof that any person has, in fact, been  injured  or  damaged  thereby.    Whenever  the  court  shall determine that the defendant has  violated the provisions of this article by providing unlicensed  armored  car  services,  the  court  may  fine  such  defendant not less than one  thousand dollars for each violation, but in no  event  shall  the  total  amount of such fine exceed the sum of twenty-five thousand dollars.    3. Each violation of this article shall be deemed a separate offense.    4.  Unless  otherwise provided under this article, all fees, fines and  penalties collected under this article shall be deposited by  the  state  comptroller to the credit of the licensing examinations services account  within  the  miscellaneous  special revenue fund established pursuant to  the provisions of section ninety-seven-aa of the state finance law.