Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 159
Violations and penalties
General Business (GBS) CHAPTER 20, ARTICLE 10-A
§ 159. Violations and penalties. 1. Except as otherwise provided by
law, any travel consultant who shall violate the terms of section one
hundred fifty-eight of this article shall be guilty of a misdemeanor.

2. Except as otherwise provided by law, any travel promoter who shall
knowingly violate the terms of section one hundred fifty-eight-a of this
article shall be guilty of a misdemeanor.

3. The district attorney of any county may bring an action in the name
of the people of the state to restrain or prevent any violation of this
article or any continuance of any such violation.

4. Enforcement; penalties. Whenever there shall be a violation of
section one hundred fifty-seven-a, one hundred fifty-eight or one
hundred fifty-eight-a of this article, an application may be made by the
attorney general in the name of the people of the state of New York to a
court or justice having jurisdiction by a special proceeding to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated this article, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil
practice law and rules, and direct restitution. Whenever the court
shall determine that a violation of this article has occurred, the court
may impose a civil penalty of not more than five hundred dollars for
each violation. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.