N.Y. General Business Law 89-JJJ – Violations and penalties
§ 89-jjj. Violations and penalties. 1. Any armored car carrier and the several members, principals, officers, directors, agents or employees thereof, who shall knowingly and willfully make material misstatements in the application for a license, or renewal thereof, under the provisions of this article, or which permits or authorizes the employment of an individual as an armored car guard in violation of the provisions of article eight-C of this chapter, 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-JJJ
- Armored car carrier: means any individual, partnership, association, limited liability company, corporation, or any other entity, engaging in the business of providing armored car services for hire. See N.Y. General Business Law 89-BBB
- Armored car guard: has the meaning ascribed to that term by subdivision eight of section eighty-nine-ppp of this chapter. See N.Y. General Business Law 89-BBB
- Armored car services: means engaging in the business of providing secured transportation, protection and safeguarding of valuable cargo from one place or point to another, including the provision of cash services for automated teller machines, by means of specially designed and constructed bullet-resistant armored vehicles and armored car guards. See N.Y. General Business Law 89-BBB
- Continuance: Putting off of a hearing ot trial until a later time.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Secretary: means the secretary of state. See N.Y. General Business Law 89-BBB
2. Upon the motion of the secretary or upon his or her own motion, the attorney general shall investigate alleged provision of unlicensed armored car services. In the event that the attorney general determines that unlicensed armored car services are being or have been provided, he or she shall commence a civil action against those responsible persons, and an application shall be made in the name of the people of the state to a court of competent jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of the provision of unlicensed armored car services; and, if it shall appear to the satisfaction of the court that the defendant has engaged in the business of providing unlicensed armored car services, an injunction may be issued by such court or justice, enjoining and restraining any such unlicensed services, without requiring proof that any person has, in fact, been injured or damaged thereby. Whenever the court shall determine that the defendant has violated the provisions of this article by providing unlicensed armored car services, the court may fine such defendant not less than one thousand dollars for each violation, but in no event shall the total amount of such fine exceed the sum of twenty-five thousand dollars.
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 by the state comptroller to the credit of the licensing examinations services account within the miscellaneous special revenue fund established pursuant to the provisions of § 97 of the state finance law.