Section 17-362. Violations and penalties  


Latest version.
  • a.  The  first conviction of a
      licensee for criminal tattooing of a minor under section 260.21  of  the
      New  York state penal law shall result in the suspension of such license
      for a period of six months. Not later than ten business  days  prior  to
      the  expiration  of  such  six-month  suspension, where such a suspended
      licensee intends to resume tattooing, such licensee shall  post  a  bond
      with  the commissioner in such form and amount as the commissioner shall
      require.  Such bond shall remain in full force and effect  for  eighteen
      months following the expiration of such six-month suspension. The second
      conviction of a licensee for criminal tattooing of a minor under section
      260.21  of  the  New  York state penal law within two years of the first
      conviction shall result in the revocation of such license for  a  period
      of  two  years  and  the forfeiture of such bond as may have been posted
      with the commissioner pursuant to this section. The third conviction  of
      a licensee for criminal tattooing of a minor under section 260.21 of the
      New  York state penal law within two years of the first conviction shall
      result in the revocation of such license for a period of five  years.  A
      license  issued  pursuant to this subchapter may be suspended or revoked
      for any other reasonable cause specified by the commissioner in order to
      ensure the health and safety of the public.
        b. In addition to any other penalty imposed by any other provision  of
      law  or rule promulgated thereunder, any person found to be in violation
      of this subchapter or any of the rules promulgated  hereunder  shall  be
      liable  for  a  civil penalty of not more than three hundred dollars for
      the first violation; not more than five hundred dollars for  the  second
      violation  within  a  two-year  period;  and  not more than one thousand
      dollars for the third and all subsequent violations  within  a  two-year
      period.
        c.  A proceeding to suspend or revoke a license authorized pursuant to
      subdivision  a  of  this  section,  or  to  recover  any  civil  penalty
      authorized pursuant to subdivision b of this section, shall be commenced
      by the service of a notice of violation which shall be returnable to the
      administrative  tribunal  established  by  the  board  of  health.  Such
      tribunal shall have the power to suspend  or  revoke  a  license  issued
      pursuant to this subchapter and to impose the civil penalties prescribed
      by subdivision b of this section.