N.Y. General Business Law 89-WWW – Violations and penalties
§ 89-www. Violations and penalties. 1. Any individual who is employed as an armored car guard or who acts as an armored car guard in violation of the provisions of this article or who knowingly and willfully makes material misstatements in the application for or renewal of his or her conditional letter of authority or registration card, as the case may be, or who permits or authorizes the employment of an individual as an armored car guard in violation of the provisions of this article, 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.
Terms Used In N.Y. General Business Law 89-WWW
- Armored car guard: means an individual employed by an armored car carrier to provide armored car services and who carries a firearm or is authorized by the employer to access a firearm when providing armored car services, and who holds a conditional letter of authority or a valid registration card issued by the department pursuant to the provisions of this article. See N.Y. General Business Law 89-PPP
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of state. See N.Y. General Business Law 89-PPP
- Holder: means an individual who has been issued a conditional letter of authority or a registration card by the department. See N.Y. General Business Law 89-PPP
- Registration card: means a photographic identification card issued by the department signifying that the holder has been certified by the department to perform armored car services in the employ of an armored car carrier and to carry firearms in connection therewith. See N.Y. General Business Law 89-PPP
- Secretary: means the secretary of state. See N.Y. General Business Law 89-PPP
2. a. Any holder who shall knowingly and willfully fail to surrender his or her conditional letter of authority or registration card within five days of receipt of notice of suspension, revocation, or nonrenewal thereof by the secretary, or the officer designated by the secretary to preside over the hearing, pursuant to the provisions of section eighty-nine-vvv of this article, shall be guilty of a violation, punishable by a fine not to exceed two hundred fifty dollars, in addition to any other penalty prescribed by law.
b. Notwithstanding the provisions of paragraph a of this subdivision, where it is determined after a hearing that the holder has violated one or more provisions of this article pursuant to paragraph c of sudivision three of section eighty-nine-vvv of this article, the secretary may, in lieu of revocation or suspension of the conditional letter of authority or registration card of such holder, impose a fine not to exceed one thousand dollars for each violation, payable to the department.
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 to the credit of the licensing examinations services account established pursuant to the provisions of § 97 of the state finance law.