25.35 – Criminal Penalties.

* § 25.35. Criminal penalties. 1. (a) Any person, firm, corporation or
other  entity,  whether  or not domiciled, licensed or registered within
the state, which is convicted of violating section  25.27  or  25.29  of
this  article  shall  be guilty of a class A misdemeanor punishable by a
fine not to exceed one thousand dollars or two times the amount  of  the
defendant's  gain, to be determined pursuant to the procedures set forth
in section 400.30 of the criminal procedure law, whichever  is  greater,
or  by  a  term  of imprisonment not to exceed one year, or by both such
fine and imprisonment.
  (b) Any person, firm, corporation or  other  entity,  whether  or  not
domiciled,  licensed, or registered within the state, which is convicted
of violating section 25.27 or 25.29 of this article, when the  value  of
the  commission,  gratuity,  bonus,  premium or price unlawfully paid or
accepted exceeds one thousand dollars for an event as defined in section
23.03 of this chapter, whether or not such payment is for tickets  to  a
single  performance  of that event, shall be guilty of a class E felony,
punishable by a term of imprisonment in accordance with the  penal  law,
or  by  a  fine  of five thousand dollars or two times the amount of the
defendant's gain, to be determined pursuant to the procedures set  forth
in  section  400.30 of the criminal procedure law, whichever is greater,
or by both such fine and imprisonment.
  2. Any person, firm or corporation which  is  convicted  of  violating
subdivision  two  of  section 25.09 of this article shall be guilty of a
misdemeanor punishable by a term of imprisonment not to exceed one  year
or  by  a  fine  not  to exceed seven hundred fifty dollars on the first
conviction; one thousand five hundred dollars on the second  conviction;
and  two thousand dollars, on each subsequent conviction or by both such
fine and imprisonment.
  3. Any person, firm or corporation which  is  convicted  of  knowingly
violating  subdivision  one of section 25.07 or section 25.13 or section
25.15 of this article shall be guilty of a misdemeanor punishable  by  a
term  of imprisonment not to exceed one hundred eighty days or by a fine
not to exceed five hundred dollars on the first conviction; one thousand
dollars on the second conviction;  and  two  thousand  dollars  on  each
subsequent conviction or by both such fine and imprisonment.
  4.  Notwithstanding  any  other  penalty  which may be imposed for any
other violation of this article, any person, firm or  corporation  which
is  convicted of violating section 25.11 of this article shall be guilty
of a violation punishable by a fine not to exceed two hundred dollars on
the first conviction; five hundred dollars on the second conviction; and
one thousand dollars on each subsequent conviction.
  5. Any person, firm or corporation which  is  convicted  of  violating
subdivision  one  of  section 25.09 of this article shall be guilty of a
violation punishable by a fine not to exceed five hundred dollars.
  6. Any person, firm or corporation which is convicted of violating any
other section of this article shall be guilty of a violation  punishable
by a fine not to exceed two hundred fifty dollars.
  7. Notwithstanding any other provision to the contrary, when the fines
included  in  this  section  are imposed on a firm, corporation or other
entity that is not a single person, such fines may be imposed at  up  to
two  times  the  amount  otherwise  allowed, or, where applicable, three
times the amount of the defendant's gain.
  * NB Repealed July 1, 2025