§ 89-www. Violations and penalties. 1. Any individual who is employed\nas an armored car guard or who acts as an armored car guard in violation\nof the provisions of this article or who knowingly and willfully makes\nmaterial misstatements in the application for or renewal of his or her\nconditional letter of authority or registration card, as the case may\nbe, or who permits or authorizes the employment of an individual as an\narmored car guard in violation of the provisions of this article, shall\nbe guilty of a misdemeanor, which, upon conviction, shall be punishable\nby a term of imprisonment not to exceed six months, or by a fine of not\nmore than one thousand dollars, or by both such fine and imprisonment,\nupon the first conviction, and by a term of imprisonment not to exceed\none year, or by a fine of not less than one thousand dollars and not to\nexceed two thousand five hundred dollars, or by both such fine and\nimprisonment, upon a subsequent conviction.\n 2. a. Any holder who shall knowingly and willfully fail to surrender\nhis or her conditional letter of authority or registration card within\nfive days of receipt of notice of suspension, revocation, or nonrenewal\nthereof by the secretary, or the officer designated by the secretary to\npreside over the hearing, pursuant to the provisions of section\neighty-nine-vvv of this article, shall be guilty of a violation,\npunishable by a fine not to exceed two hundred fifty dollars, in\naddition to any other penalty prescribed by law.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nwhere it is determined after a hearing that the holder has violated one\nor more provisions of this article pursuant to paragraph c of sudivision\nthree of section eighty-nine-vvv of this article, the secretary may, in\nlieu of revocation or suspension of the conditional letter of authority\nor registration card of such holder, impose a fine not to exceed one\nthousand dollars for each violation, payable to the department.\n 3. Each violation of this article shall be deemed a separate offense.\n 4. Unless otherwise provided under this article, all fees, fines and\npenalties collected under this article shall be deposited to the credit\nof the licensing examinations services account established pursuant to\nthe provisions of section ninety-seven-aa of the state finance law.\n
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