§ 412. Penalties. 1. The practice of nail specialty, waxing, natural hair styling, esthetics or cosmetology without a license or while under suspension or revocation, or in violation of an order directing the cessation of unlicensed activity issued by the secretary pursuant to section four hundred ten or four hundred eleven of this article, is a violation and is subject to a civil penalty of up to five hundred dollars for the first violation; one thousand dollars for a second such violation; and two thousand five hundred dollars for a third violation and any subsequent violation. 2. The following violations shall be deemed separate offenses and be deemed a misdemeanor, and upon conviction, shall be punishable by imprisonment for not more than six months, or by a fine of up to two thousand five hundred dollars or by both such fine and imprisonment:

(a) the operation of an appearance enhancement business without a license or when such license has been suspended or revoked; or

(b) the operation of an appearance enhancement business in violation of an order directing the cessation of unlicensed activity issued by the secretary pursuant to section four hundred ten of this article. 3. The operation of an appearance enhancement business without a (a) bond or (b) liability insurance or liability coverage which is covered through a bond shall be punishable by a civil penalty of up to two thousand five hundred dollars. The enforcement of this provision shall require the department of financial services to certify in writing to the secretary that any bonds or liability insurance that is required by the department is readily available to appearance enhancement businesses from the market place.