§ 412. Penalties. 1. The practice of nail specialty, waxing, natural\nhair styling, esthetics or cosmetology without a license or while under\nsuspension or revocation, or in violation of an order directing the\ncessation of unlicensed activity issued by the secretary pursuant to\nsection four hundred ten or four hundred eleven of this article, is a\nviolation and is subject to a civil penalty of up to five hundred\ndollars for the first violation; one thousand dollars for a second such\nviolation; and two thousand five hundred dollars for a third violation\nand any subsequent violation.\n 2. The following violations shall be deemed separate offenses and be\ndeemed a misdemeanor, and upon conviction, shall be punishable by\nimprisonment for not more than six months, or by a fine of up to two\nthousand five hundred dollars or by both such fine and imprisonment:\n (a) the operation of an appearance enhancement business without a\nlicense or when such license has been suspended or revoked; or\n (b) the operation of an appearance enhancement business in violation\nof an order directing the cessation of unlicensed activity issued by the\nsecretary pursuant to section four hundred ten of this article.\n 3. The operation of an appearance enhancement business without a (a)\nbond or (b) liability insurance or liability coverage which is covered\nthrough a bond shall be punishable by a civil penalty of up to two\nthousand five hundred dollars. The enforcement of this provision shall\nrequire the department of financial services to certify in writing to\nthe secretary that any bonds or liability insurance that is required by\nthe department is readily available to appearance enhancement businesses\nfrom the market place.\n
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