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This entry was published on 2016-09-09
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SECTION 1019
Penalties
General Business (GBS) CHAPTER 20, ARTICLE 41
§ 1019. Penalties. 1. A person who knowingly advances or profits from
a prohibited combative sport shall be guilty of a class A misdemeanor,
and shall be guilty of a class E felony if he or she has been convicted
in the previous five years of violating this subdivision.

2. Any person who knowingly advances or profits from a prohibited
combative sport shall also be subject to a civil penalty not to exceed
for the first violation ten thousand dollars or twice the amount of gain
derived therefrom whichever is greater, or for a subsequent violation
twenty-five thousand dollars or twice the amount of gain derived
therefrom whichever is greater. The attorney general is hereby empowered
to commence judicial proceedings to recover such penalties and to obtain
injunctive relief to enforce the provisions of this section.

3. Any person or corporation who directly or indirectly conducts any
combative sport without first having procured an appropriate license, or
having been designated an authorized sanctioning entity as prescribed in
this article shall be guilty of a misdemeanor. Any person who
participates in a combative sport as a referee, judge, match-maker,
timekeeper, professional, manager, trainer, or second without first
having procured an appropriate license as prescribed in this article, or
where such combative sport is prohibited under this article shall be
guilty of a misdemeanor. Any person, partnership or corporation who
promotes a professional wrestling match or exhibition in the state
without first having procured an appropriate license in accordance with
section one thousand seventeen of this article, shall be guilty of a
misdemeanor.

4. Any corporation, entity, person or persons, licensed, permitted or
otherwise authorized under the provisions of this article, that shall
knowingly violate any rule or order of the commission or any provision
of this article, in addition to any other penalty by law prescribed,
shall be liable to a civil penalty not to exceed ten thousand dollars
for the first offense and not to exceed twenty-five thousand dollars for
the second and each subsequent offense, to be imposed by the commission,
to be sued for by the attorney-general in the name of the people of the
state of New York if directed by the commission. The commission, for
cause shown, may extend the time for the payment of such penalty and, by
compromise, may accept less than the amount of such penalty as imposed
in settlement thereof. For the purposes of this section, each
transaction or statutory violation shall constitute a separate offense,
except that a second or subsequent offense shall not be deemed to exist
unless a decision has been rendered in a prior, separate and independent
proceeding.

5. On the first infraction of rules or regulations promulgated
pursuant to subdivision two of section one thousand nine of this
article, which infraction may include more than one individual
violation, the commission may impose a civil fine of up to two hundred
fifty dollars for each health and safety violation and may suspend the
training facility's license until the violation or violations are
corrected. On the second such infraction, the commission may impose a
civil fine of up to five hundred dollars for each health and safety
violation and may suspend the training facility's license until the
violation or violations are corrected. On the third such infraction or
for subsequent infractions, the commission may impose a civil fine of up
to seven hundred fifty dollars for each health and safety violation and
may revoke the training facility's license.

6. Any individual, corporation, association or club failing to fully
comply with paragraph (a) of subdivision twelve of section one thousand
fifteen of this article shall be subject to a penalty of five hundred
dollars to be collected by and paid to the department of state. Any
individual, corporation, association or club is prohibited from
operating any shows or exhibitions until all penalties due pursuant to
this section and taxes, interest and penalties due pursuant to article
nineteen of the tax law have been paid.

7. All penalties imposed and collected by the commission from any
corporation, entity, person or persons licensed under the provisions of
this article, which fines and penalties are imposed and collected under
authority hereby vested shall within thirty days after the receipt
thereof by the commission be paid by them into the state treasury.