§ 95-111.13. Violations; civil penalties; appeal; criminal penalties.
§ 95‑111.13. Violations; civil penalties; appeal; criminal penalties.
(a) Any person whoviolates G.S. 95‑111.7(a) or (b) (Operation without certificate;operation not in accordance with Article or rules and regulations) shall besubject to a civil penalty not to exceed two hundred fifty dollars ($250.00)for each day each device is so operated or used.
(b) Any person whoviolates G.S. 95‑111.7(c) (Operation after refusal to issue or afterrevocation of certificate) or G.S. 95‑111.10(c) (Reports required) orG.S. 95‑111.12 (Liability insurance) shall be subject to a civil penaltynot to exceed five hundred dollars ($500.00) for each day each device is sooperated or used.
(c) Any person whoviolates G.S. 95‑111.8 (Location notice) shall be subject to a civilpenalty not to exceed five hundred dollars ($500.00) for each day any device isoperated or used without the location notice having been provided.
(d) Any person whoviolates the provisions of G.S. 95‑111.10(d) (Reports required) orknowingly permits the operation of an amusement device in violation of G.S. 95‑111.11(a)(Operator requirements) shall be subject to a civil penalty not to exceed fivehundred dollars ($500.00).
(e) Any person whoviolates G.S. 95‑111.9 (Operation of unsafe device) or G.S. 95‑111.11(b)(Operation of an amusement device while impaired) shall be subject to a civilpenalty not to exceed one thousand dollars ($1,000).
(f) In determining theamount of any penalty ordered under authority of this section, the Commissionershall give due consideration to the appropriateness of the penalty with respectto the size of the business of the person being charged, the gravity of theviolation, the good faith of the person and the record of previous violations.
(g) The determinationof the amount of the penalty by the Commissioner shall be final, unless within15 days after receipt of notice thereof by certified mail with return receipt,by signature confirmation as provided by the U.S. Postal Service, by adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) withdelivery receipt, or via hand delivery, the person charged with the violationtakes exception to the determination, in which event final determination of thepenalty shall be made in an administrative proceeding and in a judicialproceeding pursuant to Chapter 150B of the General Statutes, the AdministrativeProcedure Act.
(h) The Commissionermay file in the office of the clerk of the superior court of the county whereinthe person, against whom a civil penalty has been ordered, resides, or if acorporation is involved, in the county wherein the corporation maintains itsprincipal place of business, or in the county wherein the violation occurred, acertified copy of a final order of the Commissioner unappealed from, or of afinal order of the Commissioner affirmed upon appeal. Whereupon, the clerk ofsaid court shall enter judgment in accordance therewith and notify the parties.Such judgment shall have the same effect, and all proceedings in relationthereto shall thereafter be the same, as though said judgment had been renderedin a suit duly heard and determined by the superior court of the General Courtof Justice.
(i) Any person whowillfully violates any provision of this Article, and the violation causes thedeath of any person, shall be guilty of a Class 2 misdemeanor, which mayinclude a fine of not more than ten thousand dollars ($10,000); except that ifthe conviction is for a violation committed after a first conviction of suchperson, the person shall be guilty of a Class 1 misdemeanor, which may includea fine of not more than twenty thousand dollars ($20,000). This subsectionshall not prevent any prosecuting officer of the State of North Carolina fromproceeding against such person on a prosecution charging any degree of willfulor culpable homicide. (1985 (Reg. Sess., 1986), c. 990, s. 2; 2003‑170, s. 5; 2003‑308,s. 4; 2007‑231, s. 8.)