N.Y. General Business Law 1019 – Penalties
§ 1019. Penalties. 1. A person who knowingly advances or profits from a prohibited combative sport shall be guilty of a class A misdemeanor, and shall be guilty of a class E felony if he or she has been convicted in the previous five years of violating this subdivision.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | between 1 and 4 years | up to $5,000 |
| Class A misdemeanor | up to 364 days | up to $1,000 |
Terms Used In N.Y. General Business Law 1019
- Authorized sanctioning entity: means an entity allowed to oversee and conduct combative sports pursuant to regulations promulgated by the commission. See N.Y. General Business Law 1000
- Combative sport: means any unarmed bout, contest, competition, match, or exhibition undertaken to entertain an audience, wherein the participants primarily grapple or wrestle, or deliver blows of any kind to, or use force in any way to manipulate, the body of another participant, and wherein the outcome and score depend entirely on such activities. See N.Y. General Business Law 1000
- Commission: means the state athletic commission as provided for in section one thousand three of this article, or an agent or employee of the state athletic commission acting on its behalf. See N.Y. General Business Law 1000
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Professional: means any participant in a combative sport authorized pursuant to this article, other than an amateur, who is receiving or competing for, or who has ever received or competed for, any purse, money, prize, pecuniary gain, or other thing exceeding seventy-five dollars in value. See N.Y. General Business Law 1000
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. Any person who knowingly advances or profits from a prohibited combative sport shall also be subject to a civil penalty not to exceed for the first violation ten thousand dollars or twice the amount of gain derived therefrom whichever is greater, or for a subsequent violation twenty-five thousand dollars or twice the amount of gain derived therefrom whichever is greater. The attorney general is hereby empowered to commence judicial proceedings to recover such penalties and to obtain injunctive relief to enforce the provisions of this section.
3. Any person or corporation who directly or indirectly conducts any combative sport without first having procured an appropriate license, or having been designated an authorized sanctioning entity as prescribed in this article shall be guilty of a misdemeanor. Any person who participates in a combative sport as a referee, judge, match-maker, timekeeper, professional, manager, trainer, or second without first having procured an appropriate license as prescribed in this article, or where such combative sport is prohibited under this article shall be guilty of a misdemeanor. Any person, partnership or corporation who promotes a professional wrestling match or exhibition in the state without first having procured an appropriate license in accordance with section one thousand seventeen of this article, shall be guilty of a misdemeanor.
4. Any corporation, entity, person or persons, licensed, permitted or otherwise authorized under the provisions of this article, that shall knowingly violate any rule or order of the commission or any provision of this article, in addition to any other penalty by law prescribed, shall be liable to a civil penalty not to exceed ten thousand dollars for the first offense and not to exceed twenty-five thousand dollars for the second and each subsequent offense, to be imposed by the commission, to be sued for by the attorney-general in the name of the people of the state of New York if directed by the commission. The commission, for cause shown, may extend the time for the payment of such penalty and, by compromise, may accept less than the amount of such penalty as imposed in settlement thereof. For the purposes of this section, each transaction or statutory violation shall constitute a separate offense, except that a second or subsequent offense shall not be deemed to exist unless a decision has been rendered in a prior, separate and independent proceeding.
5. On the first infraction of rules or regulations promulgated pursuant to subdivision two of section one thousand nine of this article, which infraction may include more than one individual violation, the commission may impose a civil fine of up to two hundred fifty dollars for each health and safety violation and may suspend the training facility's license until the violation or violations are corrected. On the second such infraction, the commission may impose a civil fine of up to five hundred dollars for each health and safety violation and may suspend the training facility's license until the violation or violations are corrected. On the third such infraction or for subsequent infractions, the commission may impose a civil fine of up to seven hundred fifty dollars for each health and safety violation and may revoke the training facility's license.
6. Any individual, corporation, association or club failing to fully comply with paragraph (a) of subdivision twelve of section one thousand fifteen of this article shall be subject to a penalty of five hundred dollars to be collected by and paid to the department of state. Any individual, corporation, association or club is prohibited from operating any shows or exhibitions until all penalties due pursuant to this section and taxes, interest and penalties due pursuant to Article 19 of the tax law have been paid.
7. All penalties imposed and collected by the commission from any corporation, entity, person or persons licensed under the provisions of this article, which fines and penalties are imposed and collected under authority hereby vested shall within thirty days after the receipt thereof by the commission be paid by them into the state treasury.