Bill S38-2013

Requires travel agents to be registered with the department of state, and provides for the regulation thereof; repealer

Requires travel agents to be registered with the department of state, and provides for the regulation thereof.

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  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S38

TITLE OF BILL: An act to amend the general business law and the economic development law, in relation to requiring travel consultants and travel promoters located or doing business in this state to be registered with the department of state; and to repeal article 10-A of the general business law relating to the truth in travel act

PURPOSE: The promotion and sale of travel is of such volume that it is in the best interest of the public that all sellers of travel in New York State be required to register with the Department of State for the purpose of safeguarding the public against fraud, false advertising and misrepresentation.

SUMMARY OF PROVISIONS: Section 1 of this bill repeals article 10-A of the General Business Law, the "Truth in Travel Act," and adds critical consumer protection functions which shall also be included in a new article 10A:

-Section 155 establishes that the promotion of travel is at such a volume that all travel agents be subject to an annual registration and monitoring by the Department of State.

-Section 155-a sets forth definitions used in this article.

-Section 156 establishes that a travel agent shall not operate or do business in New York without first being registered with the Department of State.

-Section 156-a sets forth provisions for the application process with the Department of State.

-Section 156-b establishes conditions for registration.

-Section 156-c establishes a set of rules pertaining to the registrant.

-Section 156-d establishes grounds for denial, suspension or revocation of registration.

-Section 156-e establishes state preemption.

-Section 157 provides regulations for business conduct between consumers and travel agents including that all contracts for travel are voidable by the consumer where a registration number is not provided by the agent.

-Section 157-a states prohibited practices by travel consultants.

-Section 157-b states prohibited practices by travel promoters.

-Section 158 sets forth applicable violations and penalties.

-Section 159 establishes severability.

Section 2 makes necessary amendments to the state economic development law in relation to new Article 10-A of the General Business Law dealing with the establishment of a searchable registry available to the public through the department's tourism website.

Section 3 sets forth an effective date of the first of January after it shall have become law.

JUSTIFICATION: Travel agents provide a necessary and valuable function to consumers needing assistance with planning of any type of travel or vacation plans or arrangements. Travel agents are especially useful to those who are unable to make their own travel plans or prefer not to do so.

In New York, there have been businesses engaging in fraudulent travel agency activities. The common practice of such a business is to open shop and operate for a few weeks or months only to close without rendering services that have been promised and paid for. Similarly, there are travel agents who carry false credentials obtained by questionable means. These travel agents should not be able to remain in business.

This bill provides for the creation of a registry of travel agents operating or doing business in New York, those who are deemed travel promoters, travel consultants, and those otherwise in the business of selling travel. To become listed in the registry, a person or business that sells travel must go through a level of vetting by the Department of State. The intention is to provide consumers with a mechanism by which to assess if a travel agent is properly operating within New York. Using either the Department of State or the Department of Tourism website, a consumer will be able to validate that their agent is registered and in good standing.

PRIOR LEGISLATIVE HISTORY: 2011-12: S.2791 2010: S.7944 Referred to Consumer Protection; A.11336 Referred to Economic Development.

FISCAL IMPLICATIONS: Undetermined, though it is anticipated to be cost-neutral.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that, effective immediately, the Department of State and the Secretary of State are authorized and directed to complete any and all actions necessary to implement the provisions of article 10-A of the general business law, as added by section one of this act, on its effective date.


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STATE OF NEW YORK ________________________________________________________________________ 38 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the economic development law, in relation to requiring travel consultants and travel promoters located or doing business in this state to be registered with the department of state; and to repeal article 10-A of the general busi- ness law relating to the truth in travel act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 10-A of the general business law is REPEALED and a new article 10-A is added to read as follows: ARTICLE 10-A SELLERS OF TRAVEL AGENTS SECTION 155. LEGISLATIVE INTENT. 155-A. DEFINITIONS. 156. DOING BUSINESS WITHOUT REGISTRATION PROHIBITED. 156-A. APPLICATION FOR REGISTRATION. 156-B. CONDITIONS PRECEDENT TO REGISTRATION. 156-C. REGISTRATION. 156-D. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRA- TION. 156-E. PREEMPTION. 156-F. REGULATIONS. 157. TRAVEL AGREEMENTS. 157-A. PROHIBITED PRACTICES BY TRAVEL CONSULTANTS. 157-B. PROHIBITED PRACTICES BY TRAVEL PROMOTERS. 158. VIOLATIONS AND PENALTIES. 159. SEVERABILITY. S 155. LEGISLATIVE INTENT. IT IS HEREBY DETERMINED AND DECLARED THAT THE PROMOTION OF TRAVEL, EITHER INDIVIDUALLY OR AS A GROUP, IS NOW OF
SUCH VOLUME THAT IT IS IN THE PUBLIC INTEREST TO SUBJECT IT TO THE REGISTRATION BY AND THE SUPERVISION OF THE DEPARTMENT OF THE STATE FOR THE PURPOSE OF SAFEGUARDING THE PUBLIC AGAINST FRAUD, FALSE ADVERTISING, MISREPRESENTATION AND SIMILAR ABUSES. S 155-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "APPLICANT" MEANS A TRAVEL AGENT WHO HAS FILED AN APPLICATION WITH THE DEPARTMENT FOR A REGISTRATION. 2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE. 3. "MERCHANT ACCOUNT NUMBER" MEANS AN IDENTIFYING NUMBER GIVEN BY A FINANCIAL INSTITUTION TO A MERCHANT FOR PURPOSES OF IDENTIFYING THE MERCHANT IN THE PROCESSING OF CREDIT CARDS AND/OR DEBIT CARDS. 4. "REGISTRANT" MEANS A TRAVEL AGENT THAT HAS BEEN ISSUED A REGISTRA- TION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 5. "SECRETARY" MEANS THE SECRETARY OF STATE. 6. "TIME SHARE" MEANS AN INTEREST IN ANY ARRANGEMENT, PLAN, SCHEME, OR SIMILAR DEVICE, WHETHER BY MEMBERSHIP, AGREEMENT, TENANCY IN COMMON, SALE, LEASE, DEED, RENTAL AGREEMENT, LICENSE, OR RIGHT-TO-USE AGREEMENT OR BY ANY OTHER MEANS, WHEREBY THREE OR MORE PURCHASERS, IN EXCHANGE FOR CONSIDERATION, RECEIVE OWNERSHIP RIGHTS IN OR A RIGHT TO USE THE SAME ACCOMMODATIONS OR FACILITIES IN REAL PROPERTY, OR BOTH, FOR DIFFERENT INTERVALS OF LESS THAN A FULL YEAR DURING ANY GIVEN YEAR, BUT NOT NECES- SARILY FOR CONSECUTIVE YEARS, AND WHICH EXTEND FOR A PERIOD OF MORE THAN THREE YEARS OR WHICH, FOR NOMINAL CONSIDERATION, MAY BE RENEWED TO CONTINUE FOR A PERIOD OF MORE THAN THREE YEARS. 7. "TRAVEL AGENT" MEANS ANY TRAVEL PROMOTER OR TRAVEL CONSULTANT HAVING A PLACE OF BUSINESS IN THIS STATE OR OFFERING TRAVEL SERVICES TO ANY PERSON IN THIS STATE. THE TERM "TRAVEL AGENT" SHALL NOT INCLUDE: A. ANY AGENT WHO IS PROVIDING SERVICES EXCLUSIVELY FOR MEMBERS IN A MEMBERSHIP ORGANIZATION; B. ANY AGENT WHO IS PROVIDING SERVICES EXCLUSIVELY FOR EMPLOYEES OR AGENTS OF A BUSINESS ENTITY REGISTERED WITH THE DEPARTMENT; C. AN EMPLOYEE, WHO IN CONNECTION WITH THE BUSINESS OF BEING THE DIRECT SUPPLIER OF ACCOMMODATIONS, ALSO PROVIDES OTHER LOCAL TRAVEL SERVICES THAT ARE PURCHASED FROM ANOTHER PERSON OR BUSINESS; D. ANY PERSON ENGAGED SOLELY IN THE BUSINESS OF RENTING MOTOR VEHI- CLES; OR E. ANY PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNER- SHIP OR ASSOCIATION, OR EMPLOYEE THEREOF, WHICH ONLY SELLS OR OFFERS FOR SALE TRAVEL SERVICES THAT ARE PROVIDED BY SUCH PERSON, FIRM, CORPO- RATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR ASSOCIATION, OR ANY AFFILIATE THEREOF. 8. "TRAVEL CONSULTANT" MEANS ANY PERSON, FIRM, LIMITED LIABILITY COMPANY, CORPORATION, PARTNERSHIP OR ASSOCIATION, OTHER THAN A COMMON CARRIER OR EMPLOYEE OF A COMMON CARRIER, WHO AS PRINCIPAL OR AGENT, SELLS OR OFFERS FOR SALE ANY TRAVEL TICKETS OR ORDERS FOR TRANSPORTA- TION, OR NEGOTIATES FOR OR HOLDS HIMSELF OR HERSELF OUT BY SOLICITATION, ADVERTISEMENT OR OTHERWISE AS ONE WHO SELLS, PROVIDES, FURNISHES CONTRACTS OR ARRANGES FOR SUCH TRAVEL TICKETS OR ORDERS FOR TRANSPORTA- TION. FOR THE PURPOSES OF THIS ARTICLE, "CARRIER" MEANS ANY PERSON, FIRM, LIMITED LIABILITY COMPANY, CORPORATION, PARTNERSHIP OR ASSOCIATION ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS FOR HIRE. 9. "TRAVEL PROMOTER" MEANS ANY PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR ASSOCIATION, OTHER THAN A COMMON CARRIER OR EMPLOYEE OF A COMMON CARRIER, WHO IS PRIMARILY ENGAGED IN THE
DIRECT SOLICITATION OF PERSONS, BY MAIL OR TELEPHONE, FOR THE SALE OF ANY TRAVEL OR VACATION INVESTMENTS, GOODS, PRODUCTS OR SERVICES, INCLUD- ING, BUT NOT LIMITED TO TRAVEL OR TOUR BENEFITS, REAL PROPERTY, INTER- ESTS IN REAL PROPERTY, TIME SHARES, LODGING, COMMODITIES OR SECURITIES. FOR PURPOSES OF THIS ARTICLE, A "TRAVEL PROMOTER" DOES NOT INCLUDE: A. A PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR ASSOCIATION THAT IS AN OFFICIALLY APPOINTED AGENT OF A COMMON CARRIER AND MEETS STANDARDS NO LESS THAN THOSE REQUIRED FOR AUTHORIZED AGENTS OF THE AIRLINE REPORTING CORPORATION; B. A PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR ASSOCIATION THAT IS A REGISTERED MEMBER IN GOOD STANDING OF THE CRUISE LINES INTERNATIONAL ASSOCIATION AND WHO SOLELY SOLICITS AND/OR SELLS TRAVEL SERVICES AND PRODUCTS AS AN OFFICIALLY APPOINTED AGENT OF ONE OR MORE OCEAN CARRIERS IN THE SALE OF THE OCEAN CARRIER'S TRAVEL SERVICES PURSUANT TO THE AGENCY APPOINTMENT; OR C. A BROKER-DEALER REGISTERED WITH THE SECURITIES AND EXCHANGE COMMIS- SION OR THE DEPARTMENT OF LAW WHO IS ENGAGED IN THE SALE OF SECURITIES OR COMMODITIES OR SALE OR RENTAL OF REAL ESTATE PURSUANT TO ITS REGIS- TRATION. 10. "TRAVEL SERVICES" MEANS TRANSPORTATION, ACCOMMODATIONS IN LODGINGS SUCH AS HOTELS, MOTELS OR MOTOR COURTS, RENTAL OF MOTOR VEHICLES, OR ANY OTHER SERVICE RELATED TO TRAVEL. FOR PURPOSES OF THIS ARTICLE, "TRAVEL SERVICES" SHALL INCLUDE INVESTMENTS IN TIME SHARES. S 156. DOING BUSINESS WITHOUT REGISTRATION PROHIBITED. 1. NO TRAVEL AGENT SHALL OPERATE OR DO BUSINESS IN THIS STATE EXCEPT AS AUTHORIZED BY THIS ARTICLE AND WITHOUT FIRST BEING REGISTERED BY THE DEPARTMENT. 2. EVERY REGISTERED TRAVEL AGENT SHALL CONSPICUOUSLY PRINT UPON EVERY DOCUMENT CREATED FOR SUCH AGENT, THE REGISTRATION NUMBER ASSIGNED TO THE TRAVEL AGENT BY THE DEPARTMENT. FOR THE PURPOSES OF THIS SUBDIVISION, "DOCUMENT" SHALL INCLUDE BUSINESS CARDS, PERSONALIZED STATIONERY AND EVERY OTHER DOCUMENT CREATED BY THE TRAVEL AGENT SPECIFICALLY FOR AN INDIVIDUAL CLIENT OR CUSTOMER. FURTHERMORE, EVERY TRAVEL AGENT SHALL CONSPICUOUSLY POST HIS OR HER REGISTRATION NUMBER AT HIS OR HER PLACE OF BUSINESS AT A LOCATION REGULARLY OPEN TO THE PUBLIC. ANY VIOLATION OF THIS SUBDIVISION SHALL GRANT ANY CUSTOMER OF THE TRAVEL AGENT THE OPTION TO VOID ANY CONTRACT WITH SUCH AGENT WITHOUT PENALTY OR LIABILITY. S 156-A. APPLICATION FOR REGISTRATION. 1. APPLICATION FOR A REGISTRA- TION REQUIRED UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN THE FORM PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING: A. THE EXACT NAME AND THE ADDRESS OF THE APPLICANT; B. THE COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS TO BE CONDUCTED; C. IF THE APPLICANT HAS ONE OR MORE BRANCHES, SUBSIDIARIES OR AFFIL- IATES OPERATING IN THE STATE, THE COMPLETE ADDRESS OF EACH SUCH PLACE OF BUSINESS; AND D. THE INFORMATION, STATEMENT, CERTIFICATION AND SWORN AFFIRMATION REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW. 2. UPON ORIGINAL APPLICATION FOR A REGISTRATION TO OPERATE AS A TRAVEL AGENT, THE APPLICANT SHALL PAY AN APPLICATION FEE OF ONE HUNDRED DOLLARS. UPON APPLICATION FOR AN ANNUAL RENEWAL, THE REGISTRANT SHALL PAY A RENEWAL PROCESSING FEE OF ONE HUNDRED DOLLARS. S 156-B. CONDITIONS PRECEDENT TO REGISTRATION. UPON FILING OF AN APPLICATION FOR A REGISTRATION, IF THE SECRETARY SHALL BE SATISFIED OF THE GOOD CHARACTER, COMPETENCY AND INTEGRITY OF THE APPLICANT, AND OF THE PRINCIPALS AND OFFICERS THEREOF ARE SUCH AS TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE, HE OR SHE SHALL THEREUPON ISSUE A REGISTRA-
TION TO OPERATE AS A TRAVEL AGENT IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE SECRETARY SHALL TRANSMIT SUCH REGISTRATION TO THE REGISTRANT AND FILE A COPY THEREOF IN THE OFFICE OF THE DEPARTMENT. SUCH REGISTRATION SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF ONE YEAR UNLESS IT IS SURRENDERED BY THE REGISTRANT OR REVOKED OR SUSPENDED AS PROVIDED IN THIS ARTICLE; IF THE SECRETARY SHALL NOT SO FIND, THE SECRETARY SHALL NOT ISSUE SUCH REGISTRATION AND THE SECRETARY SHALL NOTIFY THE APPLICANT OF THE DENIAL IN WRITING. THE SECRETARY SHALL APPROVE OR DENY EVERY APPLICATION FOR REGISTRATION WITHIN ONE HUNDRED FIFTY DAYS FROM THE FILING THEREOF. S 156-C. REGISTRATION. 1. EACH REGISTRATION ISSUED PURSUANT TO THIS ARTICLE SHALL STATE THE ADDRESS OR ADDRESSES AT WHICH THE BUSINESS IS TO BE CONDUCTED, STATE FULLY THE NAME OF THE REGISTRANT, THE EXPIRATION DATE OF THE REGISTRATION AND THE UNIQUE REGISTRATION NUMBER ASSIGNED TO THE REGISTRANT. A COPY OF SUCH REGISTRATION SHALL BE PROMINENTLY POSTED IN EACH PLACE OF BUSINESS OF THE REGISTRANT. SUCH REGISTRATION SHALL NOT BE TRANSFERABLE OR ASSIGNABLE. EVERY REGISTRATION AND RENEWAL THEREOF SHALL EXPIRE ONE YEAR AFTER THE DATE OF ITS ISSUANCE. 2. IN THE EVENT THE LOCATION AT WHICH THE BUSINESS IS TO BE CONDUCTED SHALL BE CHANGED, THE REGISTRANT SHALL FORTHWITH NOTIFY THE SECRETARY IN WRITING, WHO SHALL, UPON PAYMENT OF SUCH FEES AS SHALL BE ESTABLISHED BY THE DEPARTMENT THEREFOR, ATTACH TO THE REGISTRATION A RIDER SETTING FORTH SUCH CHANGED LOCATION. 3. IN THE EVENT THAT THERE SHALL BE ANY CHANGE IN THE REGISTRANT'S INFORMATION, THE REGISTRANT SHALL NOTIFY THE SECRETARY IN WRITING WITHIN TEN BUSINESS DAYS. EXCEPT FOR SUCH CHANGE MADE ON A RENEWAL APPLICA- TION, THE DEPARTMENT SHALL ESTABLISH AND IMPOSE A FEE FOR THE PROCESSING OF ANY SUCH CHANGE. 4. A REGISTRATION GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE RENEWED BY THE DEPARTMENT UPON APPLICATION THEREFOR BY THE REGISTRANT, IN SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE, ACCOMPANIED BY THE NON-RE- FUNDABLE RENEWAL PROCESSING FEE PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-SIX-A OF THIS ARTICLE. IN NO EVENT WILL RENEWAL BE GRANTED MORE THAN THIRTY DAYS AFTER THE DATE OF EXPIRATION OF A REGIS- TRATION; PROVIDED, HOWEVER, THAT ANY REGISTRANT WHO IS UNABLE TO RENEW HIS OR HER REGISTRATION BECAUSE OF ACTIVE DUTY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, SHALL BE AUTHORIZED TO SUBMIT AN APPLICA- TION FOR RENEWAL IF SUCH APPLICATION IS SUBMITTED WITHIN THIRTY DAYS OF HIS OR HER RELEASE FROM ACTIVE DUTY. NO REGISTRANT SHALL CARRY ON ANY BUSINESS SUBJECT TO THIS ARTICLE DURING ANY PERIOD WHICH MAY EXIST BETWEEN THE DATE OF EXPIRATION OF A REGISTRATION AND THE RENEWAL THERE- OF. EVERY APPLICATION FOR THE RENEWAL OF A REGISTRATION SHALL INCLUDE THE INFORMATION, STATEMENT, CERTIFICATION AND SWORN AFFIRMATION REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW; PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY WAIVE THE REQUIREMENT OF SUCH STATEMENT, REQUIRED BY SUCH SECTION, AS IT MAY DEEM TO BE UNNECESSARY, BUT UNDER NO CONDITION SHALL THE REQUIREMENTS OF SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW BE WAIVED. 5. THE DEPARTMENT SHALL POST AND MAKE AVAILABLE TO THE PUBLIC ON ITS INTERNET WEBSITE A DATABASE SEARCHABLE BY EACH REGISTERED TRAVEL AGENT: A. FIRST OR LAST NAME; B. REGISTRATION NUMBER; C. NAME OF BUSINESS; OR D. BUSINESS LOCATION, INCLUDING MUNICIPALITY, COUNTY OR ZIP CODE. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL INCLUDE ON THE STATE MARKETING INTERNET WEBSITE PURSUANT TO SECTION ONE HUNDRED FIFTY-FOUR OF
THE ECONOMIC DEVELOPMENT LAW BY MEANS OF A CONSPICUOUSLY PLACED LINK TO THE DEPARTMENT'S TRAVEL AGENT REGISTRATION DATABASE. S 156-D. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION. 1. THE SECRETARY SHALL HAVE THE POWER TO SUSPEND OR REVOKE A REGISTRA- TION OR, IN LIEU THEREOF, TO IMPOSE A FINE NOT EXCEEDING ONE THOUSAND DOLLARS PAYABLE TO THE DEPARTMENT, OR REPRIMAND ANY REGISTRANT OR DENY AN APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF UPON PROOF: A. THAT THE APPLICANT OR REGISTRANT HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERE- TO; B. THAT THE APPLICANT OR REGISTRANT HAS PRACTICED FRAUD, DECEIT OR MISREPRESENTATION; C. THAT THE APPLICANT OR REGISTRANT HAS KNOWINGLY MADE A MATERIAL MISSTATEMENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER REGISTRA- TION; OR D. THAT THE APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE OR UNTRUSTWORTHINESS IN HIS OR HER ACTIONS. 2. EVERY REGISTRATION ISSUED PURSUANT TO THIS ARTICLE SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF ONE YEAR UNLESS THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE SECRETARY SHALL HAVE AUTHORITY TO REIN- STATE A SUSPENDED REGISTRATION OR TO ISSUE A NEW REGISTRATION TO A REGISTRANT WHOSE REGISTRATION SHALL HAVE BEEN REVOKED IF NO FACT OR CONDITION THEN EXISTS WHICH WOULD HAVE WARRANTED THE SECRETARY IN REFUS- ING ORIGINALLY TO ISSUE SUCH REGISTRATION UNDER THIS ARTICLE. 3. WHENEVER THE SECRETARY SHALL REVOKE OR SUSPEND A REGISTRATION ISSUED PURSUANT TO THIS ARTICLE, THE SECRETARY SHALL IMMEDIATELY EXECUTE A WRITTEN ORDER TO THAT EFFECT. THE SECRETARY SHALL FILE SUCH ORDER IN THE OFFICE OF THE DEPARTMENT AND SHALL FORTHWITH SERVE A COPY THEREOF UPON THE REGISTRANT. ANY SUCH ORDER MAY BE REVIEWED IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE USE OF ANY REGISTRATION NUMBER OF A REGISTRATION THAT HAS BEEN SUSPENDED OR REVOKED SHALL BE PROHIBITED AFTER SUCH SUSPENSION OR REVO- CATION. 4. ANY PERSON WHO HAS HAD HIS OR HER REGISTRATION SUSPENDED BY THE DEPARTMENT SHALL BE INELIGIBLE TO APPLY FOR REGISTRATION PURSUANT TO THIS ARTICLE FOR A PERIOD OF ONE YEAR AFTER SUCH SUSPENSION. 5. A. THE DEPARTMENT SHALL, BEFORE DENYING AN APPLICATION FOR A REGIS- TRATION OR BEFORE REVOKING OR SUSPENDING ANY REGISTRATION, EXCEPTING A TEMPORARY SUSPENSION, OR IMPOSING ANY FINE OR REPRIMAND, AND AT LEAST FIFTEEN DAYS PRIOR TO THE DATE SET FOR THE HEARING, AND UPON DUE NOTICE TO THE COMPLAINANT OR OBJECTOR, NOTIFY IN WRITING THE APPLICANT FOR OR THE HOLDER OF SUCH REGISTRATION OF ANY CHARGE MADE AND SHALL AFFORD SAID APPLICANT OR REGISTRANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUN- SEL IN REFERENCE THERETO. SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY OF SAME PERSONALLY TO THE APPLICANT OR REGISTRANT, OR BY MAILING SAME BY CERTIFIED MAIL TO THE LAST KNOWN BUSINESS ADDRESS OF SUCH APPLICANT OR REGISTRANT. B. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE AND SHALL BE CONDUCTED BY SUCH OFFICER OR PERSON IN THE DEPARTMENT AS THE SECRETARY MAY DESIGNATE, WHO SHALL HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON SO DESIG- NATED ANY PERSON IN THIS STATE, AND ADMINISTER AN OATH TO AND TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS DEPOSITION TO BE TAKEN. A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. SUCH OFFICER OR PERSON IN THE DEPARTMENT OF STATE DESIG-
NATED TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON LAW OR STATU- TORY RULES OR EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF PROCEDURE. C. IN THE EVENT THAT THE DEPARTMENT SHALL DENY THE APPLICATION FOR, OR REVOKE OR SUSPEND ANY SUCH REGISTRATION, OR IMPOSE ANY FINE OR REPRI- MAND, ITS DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED. THE ORIGINAL OF SUCH DETERMINATION, WHEN SO SIGNED, SHALL BE FILED IN THE OFFICE OF THE DEPARTMENT AND COPIES THEREOF SHALL BE MAILED TO THE APPLICANT OR REGISTRANT AND TO THE COMPLAINANT WITHIN TWO DAYS AFTER THE FILING THEREOF AS HEREIN PRESCRIBED. D. THE DEPARTMENT, ACTING BY THE OFFICER OR PERSON DESIGNATED TO CONDUCT THE HEARING PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION OR BY SUCH OTHER OFFICER OR PERSON IN THE DEPARTMENT AS THE SECRETARY MAY DESIGNATE, SHALL HAVE THE POWER TO SUSPEND THE REGISTRATION OF ANY REGISTRANT WHO HAS BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR TERRITORY OF A FELONY OR OF ANY MISDEMEANOR OR OFFENSE ENUMERATED UNDER SUBDIVISION TWO OF SECTION SEVENTY-FOUR OR UNDER SECTION EIGHTY-FOUR OF THIS CHAPTER FOR A PERIOD NOT EXCEEDING THIRTY DAYS PENDING A HEARING AND A DETERMINATION OF CHARGES MADE AGAINST HIM OR HER. IF SUCH HEARING IS ADJOURNED AT THE REQUEST OF THE REGISTRANT, OR BY REASON OF ANY ACT OR OMISSION BY HIM OR HER OR ON HIS OR HER BEHALF, SUCH SUSPENSION MAY BE CONTINUED FOR THE ADDITIONAL PERIOD OF SUCH ADJOURNMENT. E. THE ACTION OF THE DEPARTMENT IN GRANTING OR REFUSING TO GRANT OR TO RENEW A REGISTRATION UNDER THIS ARTICLE OR IN REVOKING OR SUSPENDING OR REFUSING TO REVOKE OR SUSPEND SUCH A REGISTRATION OR IMPOSING ANY FINE OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING INSTITUTED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AT THE INSTANCE OF THE APPLICANT FOR SUCH REGISTRATION NUMBER, THE HOLDER OF A REGISTRATION NUMBER SO REVOKED, SUSPENDED, FINED OR REPRIMANDED OR THE PERSON AGGRIEVED. S 156-E. PREEMPTION. THE PROVISIONS OF SECTIONS ONE HUNDRED FIFTY-SIX, ONE HUNDRED FIFTY-SIX-A, ONE HUNDRED FIFTY-SIX-B, ONE HUNDRED FIFTY-SIX-C AND ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE SHALL EXCLUSIVE- LY GOVERN ALL TRAVEL AGENTS NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, AND FURTHERMORE, NO LOCAL LAW, CODE OR ORDINANCE SHALL BE ENACTED WHICH SHALL REQUIRE ANY FEE, LICENSE OR REGISTRATION FOR THE LICENSURE OR REGISTRATION OF TRAVEL AGENTS. S 156-F. REGULATIONS. THE SECRETARY IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE SUCH RULES AND REGULATIONS NECESSARY FOR THE PROPER CONDUCT OF THE BUSINESS AUTHORIZED UNDER THIS ARTICLE, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. S 157. TRAVEL AGREEMENTS. 1. WHEN A PERSON AGREES, IN RESPONSE TO A SOLICITATION BY A TRAVEL PROMOTER WHICH IS DIRECTED TO THE PERSON INDI- VIDUALLY, TO PURCHASE MEMBERSHIP IN A TRAVEL CLUB OR TO ENTER INTO ANY TRAVEL SERVICES CONTRACT OR OTHER AGREEMENT TO ACCEPT TRANSPORTATION, LODGING, AN INTEREST OR INVESTMENT IN A TIME SHARE PLAN, TRAVEL INVEST- MENTS, OR OTHER TRAVEL SERVICES, THE TRAVEL PROMOTER MUST PROVIDE SUCH PURCHASER WITH WRITTEN DISCLOSURE OF ALL LIMITATIONS ON AND TERMS OF SUCH PURCHASE OR AGREEMENT WITHIN FIVE BUSINESS DAYS OF THE DATE OF THE AGREEMENT. SUCH DISCLOSURE SHALL CLEARLY AND CONSPICUOUSLY INCLUDE: A. THE NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE TRAVEL PROMOTER; B. THE AMOUNT DUE, THE DATE OF PAYMENT, THE PURPOSE OF THE PAYMENT AND AN ITEMIZED STATEMENT OF THE BALANCE DUE, IF ANY; C. THE NAME OF THE CARRIER WITH WHICH THE TRAVEL PROMOTER HAS CONTRACTED TO PROVIDE THE TRANSPORTATION, THE TYPE AND SIZE OF CARRIER TO BE USED, AND THE DATE, TIME AND PLACE OF EACH DEPARTURE;
D. A DETAILED DESCRIPTION OF ANY OTHER SERVICES PROVIDED IN CONJUNC- TION WITH THE TRANSPORTATION; E. CONDITIONS, IF ANY, UPON WHICH THE TRAVEL SERVICES CONTRACT BETWEEN THE TRAVEL PROMOTER AND THE TRAVELER MAY BE CANCELLED, AND THE RIGHTS AND OBLIGATIONS OF ALL PARTIES IN THE EVENT OF SUCH CANCELLATION; F. THE CONDITIONS, IF ANY, UPON WHICH THE TRAVEL SERVICES CONTRACT BETWEEN THE TRAVEL PROMOTER AND THE CARRIER OR OTHER SERVICE PROVIDER MAY BE CANCELLED, AND THE RIGHTS AND OBLIGATIONS OF ALL PARTIES IN THE EVENT OF SUCH CANCELLATION; AND G. A DESCRIPTION OF ALL CONTINGENCIES, LIMITATIONS AND/OR CONDITIONS OF THE AGREEMENT. 2. AFTER RECEIPT OF FULL WRITTEN DISCLOSURE, THE PURCHASER MAY CANCEL SUCH AN AGREEMENT UNTIL MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DISCLOSURE IS RECEIVED BY THE PURCHASER, BY USE OF THE FORM PRESCRIBED IN SUBDIVISION THREE OF THIS SECTION; HOWEVER, NOTICE OF CANCELLATION NEED NOT TAKE THE FORM PRESCRIBED AND SHALL BE SUFFICIENT IF IT INDI- CATES THE INTENTION OF THE BUYER NOT TO BE BOUND. NOTICE OF CANCELLA- TION, IF GIVEN BY MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A MAIL- BOX, PROPERLY ADDRESSED AND POSTAGE PREPAID. 3. THE WRITTEN DISCLOSURE SHALL INCLUDE, IN ADDITION TO THE REQUIRE- MENTS OF SUBDIVISION TWO OF THIS SECTION, THE FOLLOWING STATEMENT PRINT- ED IN CAPITAL AND LOWER CASE LETTERS OF NOT LESS THAN TEN POINT BOLD FACED TYPE: YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLI- GATION, WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS DISCLOSURE. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR SEND A TELEGRAM TO (NAME OF SELLER), AT (ADDRESS OF SELLER) ______________________________ ___________________________ NOT LATER THAN MIDNIGHT OF THE THIRD DAY AFTER RECEIPT OF THIS ___________________________ DISCLOSURE (PLACE OF BUSINESS) __________________________ __________________________ (DATE) I HEREBY CANCEL THIS TRANSACTION (DATE) ______________________________ (PURCHASER'S SIGNATURE) 4. UNTIL THE WRITTEN DISCLOSURE REQUIRED BY SUBDIVISION ONE OF THIS SECTION HAS BEEN RECEIVED, THE PURCHASER MAY CANCEL THE AGREEMENT BY NOTIFYING THE TRAVEL PROMOTER IN ANY MANNER AND BY ANY MEANS OF HIS OR HER INTENTION TO CANCEL.
5. WITHIN TEN DAYS AFTER NOTICE OF CANCELLATION IS GIVEN, THE TRAVEL PROMOTER SHALL REFUND TO THE PURCHASER CONCERNED ANY PAYMENTS MADE BY SUCH PURCHASER; SUCH REFUND MAY BE MADE BY REACCREDITING THE PURCHASER'S ACCOUNT IF A CREDIT CARD, DEBIT CARD OR ELECTRONIC FUNDS TRANSFER WAS USED TO MAKE A PAYMENT AND IF THE TRAVEL PROMOTER INFORMS THE PURCHASER IN WRITING THAT THE ACCOUNT HAS BEEN REACCREDITED. 6. IF THE TRAVEL PROMOTER FAILS WITHIN THE PERIOD PRESCRIBED BY SUBDI- VISION FIVE OF THIS SECTION TO RETURN ALL PAYMENTS MADE BY A PURCHASER, HE OR SHE SHALL BE LIABLE TO THE PURCHASER FOR SUCH PAYMENTS. 7. IF THE PURCHASER IS SUCCESSFUL IN AN ACTION TO ENFORCE ANY PROVISION OF THIS SECTION OR SECTION ONE HUNDRED FIFTY-SEVEN-B OF THIS ARTICLE OR APPEAL THEREON, THE COURT SHALL AWARD THE PURCHASER ONE HUNDRED DOLLARS AND MAY AWARD REASONABLE ATTORNEY'S FEES AND COSTS, IN ADDITION TO ANY OTHER REMEDY. 8. THE OBLIGATIONS IMPOSED BY THIS SECTION SHALL BE IN ADDITION TO AND NOT IN DEROGATION OF THE REQUIREMENTS OF ANY OTHER LAW. S 157-A. PROHIBITED PRACTICES BY TRAVEL CONSULTANTS. IT SHALL BE ILLE- GAL FOR ANY TRAVEL CONSULTANT AND, IF SUCH TRAVEL CONSULTANT IS A CORPO- RATION, ANY OFFICER OR DIRECTOR THEREOF, TO ENGAGE IN ANY OR ALL OF THE FOLLOWING ENUMERATED PRACTICES: 1. KNOWINGLY MISREPRESENT THE QUALITY OR KIND OF SERVICE, TYPE OR SIZE OF AIRCRAFT, VEHICLE, SHIP OR TRAIN, TIME OF DEPARTURE OR ARRIVAL, POINTS SERVED, ROUTE TO BE TRAVELED, STOPS TO BE MADE, OR TOTAL TRIP-TIME FROM POINT OF DEPARTURE TO DESTINATION OR OTHER SERVICES AVAILABLE, RESERVED OR CONTRACTED FOR IN CONNECTION WITH ANY TRIP OR TOUR. 2. KNOWINGLY MISREPRESENT THE FARES AND CHARGES FOR TRANSPORTATION OR SERVICES IN CONNECTION THEREWITH. 3. KNOWINGLY ADVERTISE OR OTHERWISE OFFER FOR SALE OR SELL TRANSPORTA- TION OR SERVICES IN CONNECTION THEREWITH AT LESS THAN THE RATES, FARES AND CHARGES SPECIFIED IN THE CURRENTLY EFFECTIVE TARIFFS OF THE CARRIER, WHO IS ENGAGED TO PROVIDE SUCH TRANSPORTATION OR SERVICES, OR KNOWINGLY OFFER OR GIVE REBATES OR OTHER CONCESSIONS THEREON, OR KNOWINGLY ASSIST OR PERMIT A PERSON OR PERSONS TO OBTAIN SUCH TRANSPORTATION OR SERVICES AT LESS THAN SUCH LAWFUL RATES, FARES AND CHARGES. 4. KNOWINGLY MISREPRESENT THAT SPECIAL PRIORITIES FOR RESERVATIONS ARE AVAILABLE WHEN SUCH SPECIAL CONSIDERATIONS ARE NOT IN FACT GRANTED TO MEMBERS OF THE PUBLIC GENERALLY. 5. KNOWINGLY SELL TRANSPORTATION TO A PERSON OR PERSONS ON A RESERVA- TION OR CHARTER BASIS FOR SPECIFIED SPACE, FLIGHT OR TIME OR KNOWINGLY REPRESENT THAT SUCH DEFINITE RESERVATION OR CHARTER IS OR WILL BE AVAIL- ABLE OR HAS BEEN ARRANGED, WITHOUT A BINDING COMMITMENT WITH A CARRIER FOR THE FURNISHING OF SUCH DEFINITE RESERVATION OR CHARTER AS REPRES- ENTED OR SOLD. 6. KNOWINGLY SELL OR ISSUE TICKETS OR OTHER DOCUMENTS TO PASSENGERS TO BE EXCHANGED OR USED FOR TRANSPORTATION IF SUCH TICKETS OR OTHER DOCU- MENTS WILL NOT BE OR CANNOT BE LEGALLY HONORED BY CARRIERS FOR TRANSPOR- TATION. 7. KNOWINGLY MISREPRESENT THE REQUIREMENTS THAT MUST BE MET BY A PERSON OR PERSONS IN ORDER TO QUALIFY FOR CHARTER OR GROUP FARE RATES. S 157-B. PROHIBITED PRACTICES BY TRAVEL PROMOTERS. IT SHALL BE ILLEGAL FOR ANY TRAVEL PROMOTER AND, IF SUCH TRAVEL PROMOTER IS A CORPORATION, ANY OFFICER OR DIRECTOR THEREOF, TO ENGAGE IN ANY OR ALL OF THE FOLLOW- ING ENUMERATED PRACTICES: 1. OFFER FREE ACCOMMODATIONS FOR MORE THAN ONE PERSON AND FREE TRAVEL FOR ONE PERSON WHEN THE CHARGE FOR THE TRAVEL OF THE ADDITIONAL PERSON
OR PERSONS IS EQUAL TO OR EXCEEDS WHAT WOULD HAVE BEEN PAID FOR THE TOTAL NUMBER OF TRAVEL TICKETS WITHOUT UTILIZING THE TRAVEL SERVICES OFFERED BY THE TRAVEL PROMOTER. 2. USE A MERCHANT ACCOUNT NUMBER ASSIGNED TO A MERCHANT OTHER THAN THE TRAVEL PROMOTER PROVIDING OR OFFERING THE TRAVEL SERVICE IN ORDER TO PROCESS CREDIT CARD CHARGES AND PURCHASES. 3. MISREPRESENT THE QUALITY OR KIND OF SERVICE, TYPE OR SIZE OF AIRCRAFT, VEHICLE, SHIP OR TRAIN, TIME OF DEPARTURE OR ARRIVAL, POINTS SERVED, ROUTE TO BE TRAVELED, STOPS TO BE MADE, TOTAL TRIP-TIME FROM POINT OF DEPARTURE TO DESTINATION, TYPE OR SIZE OF LODGING, TIME SHARE OR OTHER ACCOMMODATION, AVAILABILITY OF LODGING, TIME SHARE OR OTHER ACCOMMODATION, OR OTHER SERVICES AVAILABLE, RESERVED OR CONTRACTED FOR IN CONNECTION WITH ANY TRIP, TOUR OR OTHER TRAVEL SERVICES, UNLESS SUCH MISREPRESENTATION WAS BASED UPON A REASONABLE BELIEF AS TO THE SERVICES AVAILABLE BASED UPON REPRESENTATIONS MADE BY THE PERSON, COMPANY, CORPO- RATION, COMMON CARRIER OR OTHER ENTITY OFFERING SUCH SERVICES. 4. MISREPRESENT THE FARES AND CHARGES FOR TRANSPORTATION OR SERVICES IN CONNECTION THEREWITH, UNLESS SUCH MISREPRESENTATION WAS BASED UPON A REASONABLE BELIEF AS TO THE FARES AND CHARGES APPLICABLE BASED UPON REP- RESENTATIONS MADE BY THE PERSON, COMPANY, CORPORATION, COMMON CARRIER OR OTHER ENTITY OFFERING SUCH SERVICES. 5. ADVERTISE OR OTHERWISE OFFER FOR SALE OR SELL TRANSPORTATION OR SERVICES IN CONNECTION THEREWITH AT LESS THAN THE RATES, FARES AND CHARGES SPECIFIED IN THE CURRENTLY EFFECTIVE TARIFFS OF THE CARRIER THAT IS ENGAGED TO PROVIDE SUCH TRANSPORTATION OR SERVICES, OR OFFER OR GIVE REBATES OR OTHER CONCESSIONS THEREON, OR ASSIST OR PERMIT A PERSON OR PERSONS TO OBTAIN SUCH TRANSPORTATION OR SERVICES AT LESS THAN SUCH LAWFUL RATES, FARES AND CHARGES. 6. MISREPRESENT THAT SPECIAL PRIORITIES FOR RESERVATIONS ARE AVAILABLE WHEN SUCH SPECIAL CONSIDERATIONS ARE NOT IN FACT GRANTED TO MEMBERS OF THE PUBLIC GENERALLY. 7. SELL TRANSPORTATION TO A PERSON OR PERSONS ON A RESERVATION OR CHARTER BASIS FOR SPECIFIED SPACE, FLIGHT OR TIME OR REPRESENT THAT SUCH DEFINITE RESERVATION OR CHARTER IS OR WILL BE AVAILABLE OR HAS BEEN ARRANGED, WITHOUT A BINDING COMMITMENT WITH A CARRIER FOR THE FURNISHING OF SUCH DEFINITE RESERVATION OR CHARTER AS REPRESENTED OR SOLD. 8. SELL OR ISSUE TICKETS OR OTHER DOCUMENTS TO PASSENGERS TO BE EXCHANGED OR USED FOR TRANSPORTATION IF SUCH TICKETS OR OTHER DOCUMENTS WILL NOT BE OR CANNOT BE LEGALLY HONORED BY CARRIERS FOR TRANSPORTATION. 9. MISREPRESENT THE REQUIREMENTS THAT MUST BE MET BY A PERSON OR PERSONS IN ORDER TO QUALIFY FOR CHARTER OR GROUP FARE RATES, UNLESS SUCH MISREPRESENTATION WAS BASED UPON A REASONABLE BELIEF AS TO THE REQUIRE- MENTS APPLICABLE BASED UPON REPRESENTATIONS MADE BY THE PERSON, COMPANY, CORPORATION, COMMON CARRIER OR OTHER ENTITY OFFERING SUCH CHARTER OR GROUP FARE. S 158. VIOLATIONS AND PENALTIES. 1. ANY PERSON, PARTNERSHIP, ASSOCI- ATION, LIMITED LIABILITY COMPANY, OR CORPORATION AND THE SEVERAL MEMBERS, PRINCIPALS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES THEREOF, WHO KNOWINGLY AND WILLFULLY MAKES MATERIAL MISSTATEMENTS IN THE APPLICA- TION FOR A RENEWAL OF A REGISTRATION IN THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR, WHICH UPON THE FIRST CONVICTION THEREOF SHALL BE PUNISHA- BLE BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT, AND UPON A SECOND OR SUBSEQUENT CONVICTION THEREOF BY A TERM OF IMPRI- SONMENT NOT TO EXCEED ONE YEAR, OR BY A FINE OF NOT LESS THAN ONE THOU-
SAND DOLLARS AND NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. 2. ANY REGISTRANT WHO SHALL KNOWINGLY AND WILLFULLY FAIL TO SURRENDER HIS OR HER REGISTRATION WITHIN FIVE DAYS OF RECEIPT OF NOTICE OF SUSPEN- SION, REVOCATION OR NON-RENEWAL THEREOF BY THE SECRETARY, OR THE OFFICER DESIGNATED BY THE SECRETARY TO PRESIDE OVER THE HEARING, PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE, SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS, IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW. 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WHEN IT IS DETERMINED AFTER A HEARING PURSUANT TO SECTION ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE THAT THE REGISTRANT HAS VIOLATED ONE OR MORE PROVISIONS OF THIS ARTICLE, THE SECRETARY MAY, IN LIEU OF REVOCATION OR SUSPENSION OF SUCH LICENSE, IMPOSE A FINE NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION PAYABLE TO THE DEPARTMENT. 4. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY TRAVEL CONSULTANT WHO SHALL VIOLATE THE TERMS OF SECTION ONE HUNDRED FIFTY-SEVEN-A OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. 5. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY TRAVEL PROMOTER WHO SHALL KNOWINGLY VIOLATE THE TERMS OF SECTION ONE HUNDRED FIFTY-SEVEN-B OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. 6. 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. 7. WHENEVER THERE SHALL BE A VIOLATION OF SECTION ONE HUNDRED FIFTY-SEVEN, ONE HUNDRED FIFTY-SEVEN-A OR ONE HUNDRED FIFTY-SEVEN-B 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. S 159. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA- TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID THE INVALID- ITY THEREOF SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA- BLE. S 2. Paragraphs (d) and (e) of subdivision 3 of section 154 of the economic development law, as added by section 1 of part DD of chapter 59 of the laws of 2006, are amended and a new paragraph (f) is added to read as follows:
(d) all reports and data required to be produced and maintained by this section; [and] (e) any other data deemed appropriate[.]; AND (F) A LISTING OF ALL TRAVEL AGENTS REGISTERED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE TEN-A OF THE GENERAL BUSINESS LAW, AND THEIR CORRESPONDING REGISTRATION NUMBERS. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided that, effec- tive immediately, the department of state and the secretary of state are authorized and directed to complete any and all actions necessary to implement the provisions of article 10-A of the general business law, as added by section one of this act, on its effective date.

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