§ 426. Violations and penalties. 1. Any person, partnership,\nassociation or corporation and the several members, principals,\nofficers, directors, agents and employees thereof, who knowingly and\nwillfully makes material misstatements in the application for a renewal\nof a license in this article shall be guilty of a misdemeanor, which\nupon conviction shall be punishable by imprisonment for not more than\nsix months or by a fine of not more than one thousand dollars, or by\nboth such fine and imprisonment, upon the first conviction and by a term\nof imprisonment not to exceed one year, or by a fine of not less than\none thousand dollars and not to exceed two thousand five hundred\ndollars, or by both such fine and imprisonment, upon a subsequent\nconviction.\n 2. Any licensee who shall knowingly and willfully fail to surrender\nhis or her license within five days of receipt of notice of suspension,\nrevocation or non-renewal thereof by the secretary, or the officer\ndesignated by the secretary to preside over the hearing, pursuant to the\nprovisions of section four hundred twenty-four of this article, shall be\nguilty of a violation, punishable by a fine not to exceed two hundred\nfifty dollars, in addition to any other penalty prescribed by law.\n 3. Notwithstanding the provisions of subdivision two of this section,\nwhen it is determined after a hearing pursuant to section four hundred\ntwenty-four of this article that the licensee has violated one or more\nprovisions of this article, the secretary may, in lieu of revocation or\nsuspension of such license, impose a fine not to exceed one thousand\ndollars for each violation payable to the department.\n
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