§ 89-p. Violations and penalties. Any person who is employed as a security guard or who acts as a security guard in violation of the provisions of section eighty-nine-g of this article or who knowingly and wilfully makes material misstatements in the application for or renewal of his or her registration card or who permits or authorizes the employment of a person as a security guard in violation of the provisions of section eighty-nine-g of this article or any security guard company which employs a security guard in violation of the provisions of section eighty-nine-g 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. Any person who shall knowingly and wilfully fail to surrender his or her registration card as required by subdivision seven of section eighty-nine-l 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. Each violation of this article shall be deemed a separate offense.

Terms Used In N.Y. General Business Law 89-P

  • Conviction: A judgement of guilt against a criminal defendant.
  • Registration card: shall mean a photographic identification card issued by the department, including a special armed guard registration card signifying that the individual identified thereon has been authorized by the department to perform security guard functions. See N.Y. General Business Law 89-F
  • Security guard: shall mean a person, other than a police officer, employed by a security guard company to principally perform one or more of the following functions within the state:

    a. See N.Y. General Business Law 89-F
  • Security guard company: shall mean any person, firm, limited liability company, corporation, public entity or subsidiary or department of such firm, limited liability company, corporation or public entity employing one or more security guards or being self-employed as a security guard on either a proprietary basis for its own use or on a contractual basis for use by another person, firm, limited liability company, corporation, public entity or subsidiary thereof within the state. See N.Y. General Business Law 89-F
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