Section 89-WWW. Violations and penalties  


Latest version.
  • 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.
        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 section ninety-seven-aa of the state finance law.