§ 870-j. Civil penalties. 1. Any person who knowingly and willfully\noperates an amusement device, viewing stand or tent without any of the\nfollowing:\n (a) the permit required by section eight hundred seventy-d of this\narticle; or\n (b) the inspections required by section eight hundred seventy-e of\nthis article; or\n (c) the insurance or other security required by section eight hundred\nseventy-f of this article shall be subject to a civil penalty of not\nless than two thousand dollars, nor more than four thousand dollars, for\neach day the violation continues.\n 2. Any person who operates an amusement device, viewing stand or tent\nwithout any of the following:\n (a) the permit required by section eight hundred seventy-d of this\narticle; or\n (b) the inspections required by section eight hundred seventy-e of\nthis article; or\n (c) the insurance or other security required by section eight hundred\nseventy-f of this article shall be subject to a civil penalty of not\nless than two thousand dollars, nor more than four thousand dollars.\n 3. The commissioner, in assessing penalties under subdivision one of\nthis section, shall give due consideration to the appropriateness of the\npenalty with respect to the size of the owner's or lessee's business,\nthe good faith of the owner or lessee and his history of previous\nviolation.\n 4. Any operator of an amusement device who has been subject to a civil\npenalty imposed pursuant to this section relating to the operation of\nsuch amusement device on two or more occasions within any five year\nperiod of time shall not operate the amusement device in this state, and\nsuch device shall be taken out of service as soon as practicable. When\nan amusement device is taken out of service pursuant to this\nsubdivision, the operator of such device shall sign an affidavit, in a\nform approved by the commissioner, that the amusement device was taken\nout of service and will remain out of service until such time as the\ncommissioner determines that the amusement device meets all safety\nrequirements established pursuant to this article. Any operator of an\namusement device, which is sworn to have been taken out of service, who\noperates or allows to be operated such device, in violation of the\noperator's affidavit, shall be subject to a fine of ten thousand\ndollars.\n
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