Bill Text: NY A04604 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires certain retailers to implement security measures when offering "doorbuster type sales"; provides that the term "doorbuster type sale" shall mean and include the advertised sale of items or high demand items for a specific defined period of time which shall be less than seventy-two hours where such item or items are offered in a limited quantity intended to attract higher than average customer traffic; imposes a thousand dollars per day per violation; authorizes attorney general enforcement; makes related provisions.
Spectrum: Slight Partisan Bill (Democrat 8-4)
Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A04604 Detail]
Download: New_York-2009-A04604-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4604
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. JAFFEE, WALKER, HOYT, RAIA -- Multi-Sponsored by
-- M. of A. BRENNAN, GOTTFRIED, McKEVITT -- read once and referred to
the Committee on Economic Development, Job Creation, Commerce and
Industry
AN ACT to amend the general business law and the administrative code of
the city of New York, in relation to requiring certain retailers to
implement security measures when offering "doorbuster type sales"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 390-d to read as follows:
3 S 390-D. DOORBUSTER TYPE SALES; SECURITY MEASURES. 1. THE PROVISIONS
4 OF THIS SECTION SHALL APPLY TO ANY CORPORATION, ASSOCIATION, PARTNER-
5 SHIP, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR OTHER
6 LEGAL ENTITY WHICH OPERATES A RETAIL PREMISES OF OVER NINETY THOUSAND
7 SQUARE FEET OF RETAIL SPACE OR ANY OF THE ABOVE WHICH OPERATES A CHAIN
8 OF RETAIL PREMISES OF SIX OR MORE.
9 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "DOORBUSTER TYPE SALE"
10 SHALL MEAN AND INCLUDE THE ADVERTISED SALE OF ITEMS OR HIGH DEMAND ITEMS
11 FOR A SPECIFIC DEFINED PERIOD OF TIME WHICH SHALL BE LESS THAN SEVENTY-
12 TWO HOURS WHERE SUCH ITEM OR ITEMS ARE OFFERED IN A LIMITED QUANTITY
13 INTENDED TO ATTRACT HIGHER THAN AVERAGE CUSTOMER TRAFFIC.
14 3. ANY RETAILER WHICH CONDUCTS A DOORBUSTER TYPE SALE SHALL INSTITUTE
15 AND PROVIDE THE SECURITY PRECAUTIONS AND PROCEDURES WHICH SHALL INCLUDE,
16 BUT NOT BE LIMITED TO THE FOLLOWING:
17 A. EMPLOY AN ADEQUATE NUMBER OF STAFF TO MONITOR, ASSIST AND CONTROL A
18 REASONABLY ESTIMATED NUMBER OF CUSTOMERS;
19 B. HAVE STAFF WORKING OUTSIDE ON THE LINE BEFORE THE DOORS OPEN TO
20 KEEP AN EYE ON POTENTIALLY DISRUPTIVE CUSTOMERS;
21 C. PROVIDE ALL STAFF WITH ADEQUATE TRAINING, SPECIFICALLY RELATING TO
22 CROWD CONTROL AND STORE SAFETY AND SALES PROCEDURES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06121-01-9
A. 4604 2
1 D. DEVELOP AND INSTITUTE STORE POLICIES AND PROCEDURES WHICH ARE
2 DESIGNED TO PROMOTE THE FAIR AND ORDERLY SALES OF PRODUCTS WHICH ARE
3 BEING OFFERED AT A REDUCED SALE PRICE INCLUDING, BUT NOT LIMITED TO
4 SECURED, MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES, A FIRST
5 COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS WHICH ARE
6 LIMITED IN QUANTITY; PLACEMENT OF CERTAIN LIMITED QUANTITY ITEMS IN
7 RESTRICTED AREAS WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEAS-
8 URES SO AS TO ALLOW FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES
9 ASSOCIATES ACCORDING TO SET POLICIES AND PROCEDURES;
10 E. PUBLISH AND POST NOTICE OF STORE POLICIES REGARDING ANY SYSTEM USED
11 TO DETERMINE CUSTOMER PREFERENCE FOR LIMITED QUANTITY ITEMS; AND
12 F. COORDINATE WITH ANY LOCAL AUTHORITIES OR AGENCIES WHEN IT CAN BE
13 REASONABLY ANTICIPATED THAT ANY SUCH SALE MAY POSE A RISK TO PUBLIC
14 HEALTH, SAFETY OR ORDER.
15 4. ANY VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO
16 A FINE OF ONE THOUSAND DOLLARS PER DAY OF NON-AVAILABILITY OF DOORBUSTER
17 PROCEDURES FOR LACK OF A DEMONSTRABLE PLAN FOR A FIRST VIOLATION, AND
18 ONE HUNDRED THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION.
19 5. THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL HAVE THE
20 AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION.
21 S 2. Section 581 of the general business law is amended by adding a
22 new subdivision (h) to read as follows:
23 (H) THE TERM "DOORBUSTER TYPE SALE" SHALL MEAN AND INCLUDE THE ADVER-
24 TISED SALE OF ITEMS OR HIGH DEMAND ITEMS FOR A SPECIFIC DEFINED PERIOD
25 OF TIME WHICH SHALL BE LESS THAN SEVENTY-TWO HOURS WHERE SUCH ITEM OR
26 ITEMS ARE OFFERED IN A LIMITED QUANTITY INTENDED TO ATTRACT HIGHER THAN
27 AVERAGE CUSTOMER TRAFFIC.
28 S 3. Subdivision (b) of section 583 of the general business law, as
29 added by chapter 435 of the laws of 1968, is amended to read as follows:
30 (b) If the application is for a "closing out sale", "DOORBUSTER TYPE
31 SALE" or a "defunct business sale," it shall be filed at least fifteen
32 days prior to the date on which such sale is to commence.
33 S 4. Subdivision (d) of section 583 of the general business law is
34 amended by adding a new paragraph 11-a to read as follows:
35 (11-A) IF THE APPLICATION IS FOR A "DOORBUSTER TYPE SALE", THE APPLI-
36 CANT SHALL PROVE IT HAS TAKEN THE NECESSARY SECURITY PRECAUTIONS BEFORE
37 BEING GRANTED A LICENSE TO HOLD A SALE.
38 S 5. Section 20-308 of the administrative code of the city of New York
39 is amended by adding a new subdivision 3 to read as follows:
40 3. "DOORBUSTER TYPE SALE". THE ADVERTISED SALE OF ITEMS OR HIGH DEMAND
41 ITEMS FOR A SPECIFIC DEFINED PERIOD OF TIME WHICH SHALL BE LESS THAN
42 SEVENTY-TWO HOURS WHERE SUCH ITEM OR ITEMS ARE OFFERED IN A LIMITED
43 QUANTITY INTENDED TO ATTRACT HIGHER THAN AVERAGE CUSTOMER TRAFFIC.
44 S 6. Section 20-309 of the administrative code of the city of New York
45 is amended to read as follows:
46 S 20-309 License required. 1. It shall be unlawful for any person to
47 publish or conduct any sale of the type herein defined without a license
48 therefor and a license issued pursuant to this subchapter for a sale
49 advertised as a "branch store discontinuance sale" shall apply only to,
50 and the sale shall be conducted only at, the premises of the branch
51 which is being discontinued.
52 2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY CORPORATION,
53 ASSOCIATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, LIMITED LIABILITY
54 PARTNERSHIP, OR OTHER LEGAL ENTITY WHICH OPERATES A RETAIL PREMISES OF
55 OVER NINETY THOUSAND SQUARE FEET OF RETAIL SPACE OR ANY OF THE ABOVE
56 WHICH OPERATES A CHAIN OF RETAIL PREMISES OF SIX OR MORE.
A. 4604 3
1 3. FOR THE PURPOSES OF THIS SECTION, THE TERM "DOORBUSTER TYPE SALE"
2 SHALL MEAN AND INCLUDE THE ADVERTISED SALE OF ITEMS OR HIGH DEMAND ITEMS
3 FOR A SPECIFIC DEFINED PERIOD OF TIME WHICH SHALL BE LESS THAN SEVENTY-
4 TWO HOURS WHERE SUCH ITEM OR ITEMS ARE OFFERED IN A LIMITED QUANTITY
5 INTENDED TO ATTRACT HIGHER THAN AVERAGE CUSTOMER TRAFFIC.
6 4. ANY RETAILER WHICH CONDUCTS A DOORBUSTER TYPE SALE SHALL INSTITUTE
7 AND PROVIDE THE SECURITY PRECAUTIONS AND PROCEDURES WHICH SHALL INCLUDE,
8 BUT NOT BE LIMITED TO THE FOLLOWING:
9 A. EMPLOY AN ADEQUATE NUMBER OF STAFF TO MONITOR, ASSIST AND CONTROL A
10 REASONABLY ESTIMATED NUMBER OF CUSTOMERS;
11 B. HAVE STAFF WORKING OUTSIDE ON THE LINE BEFORE THE DOORS OPEN TO
12 KEEP AN EYE ON POTENTIALLY DISRUPTIVE CUSTOMERS;
13 C. PROVIDE ALL STAFF WITH ADEQUATE TRAINING, SPECIFICALLY RELATING TO
14 CROWD CONTROL AND STORE SAFETY AND SALES PROCEDURES;
15 D. DEVELOP AND INSTITUTE STORE POLICIES AND PROCEDURES WHICH ARE
16 DESIGNED TO PROMOTE THE FAIR AND ORDERLY SALES OF PRODUCTS WHICH ARE
17 BEING OFFERED AT A REDUCED SALE PRICE INCLUDING, BUT NOT LIMITED TO
18 SECURED, MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES, A FIRST
19 COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS WHICH ARE
20 LIMITED IN QUANTITY; PLACEMENT OF CERTAIN LIMITED QUANTITY ITEMS IN
21 RESTRICTED AREAS WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEAS-
22 URES SO AS TO ALLOW FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES
23 ASSOCIATES ACCORDING TO SET POLICIES AND PROCEDURES;
24 E. PUBLISH AND POST NOTICE OF STORE POLICIES REGARDING ANY SYSTEM USED
25 TO DETERMINE CUSTOMER PREFERENCE FOR LIMITED QUANTITY ITEMS; AND
26 F. COORDINATE WITH ANY LOCAL AUTHORITIES OR AGENCIES WHEN IT CAN BE
27 REASONABLY ANTICIPATED THAT ANY SUCH SALE MAY POSE A RISK TO PUBLIC
28 HEALTH, SAFETY OR ORDER.
29 5. ANY VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO
30 A FINE OF ONE THOUSAND DOLLARS PER DAY OF NON-AVAILABILITY OF DOORBUSTER
31 PROCEDURES FOR LACK OF A DEMONSTRABLE PLAN FOR A FIRST VIOLATION, AND
32 ONE HUNDRED THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION.
33 6. THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL HAVE THE
34 AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION.
35 S 6. Paragraph 6 of subdivision b of section 20-310 of the administra-
36 tive code of the city of New York is amended and a new paragraph 6-a is
37 added to read as follows:
38 6. Where and from whom such stock was purchased or acquired; and, if
39 not purchased, the manner of such acquisition[.];
40 6-A. IF THE APPLICATION IS FOR A "DOORBUSTER TYPE SALE", THE APPLICANT
41 SHALL PROVE IT HAS TAKEN THE NECESSARY SECURITY PRECAUTIONS BEFORE BEING
42 GRANTED A LICENSE TO HOLD A SALE; AND
43 S 7. This act shall take effect on the ninetieth day after it shall
44 have become a law.
