Section 426. Violations and penalties

1.  Any  person,  partnership,
  association  or  corporation  and  the  several   members,   principals,
  officers,  directors,  agents  and  employees thereof, who knowingly and
  willfully makes material misstatements in the application for a  renewal
  of  a  license  in  this article shall be guilty of a misdemeanor, which
  upon conviction shall be punishable by imprisonment for  not  more  than
  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.  Any  licensee  who shall knowingly and willfully fail to surrender
  his or her license within five days of receipt of notice of  suspension,
  revocation  or  non-renewal  thereof  by  the  secretary, or the officer
  designated by the secretary to preside over the hearing, pursuant to the
  provisions of section four hundred twenty-four 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.
    3.  Notwithstanding the provisions of subdivision two of this section,
  when it is determined after a hearing pursuant to section  four  hundred
  twenty-four  of  this article that the licensee has violated one or more
  provisions of this article, the secretary may, in lieu of revocation  or
  suspension  of  such  license,  impose a fine not to exceed one thousand
  dollars for each violation payable to the department.