Bill Text: NY A09488 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits food service establishments from using a dynamic pricing model in determining the prices on its menu; requires fixed prices be published on a food service establishment's menu.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-14 - referred to consumer affairs and protection [A09488 Detail]

Download: New_York-2023-A09488-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9488

                   IN ASSEMBLY

                                     March 14, 2024
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general business law,  in  relation  to  prohibiting
          food service establishments from introducing dynamic pricing models

          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  391-vv to read as follows:
     3    § 391-vv. Dynamic pricing by food service  establishments  prohibited.
     4  1. For the purposes of this section:
     5    (a)  "Food  service establishment" shall have the same meaning as such
     6  term is defined in section three hundred ninety-one-v of this article.
     7    (b) "Dynamic pricing" means the practice of fluctuating  prices  based
     8  on  demand, the season, or other factors, including, but not limited to,
     9  artificial intelligence-enabled pricing adjustments.
    10    2. No food service establishment shall use a dynamic pricing model  in
    11  determining the prices on its menu. Such prices on a food service estab-
    12  lishment's menu shall remain fixed and be posted for all menu items.
    13    3.   A  food  service  establishment's  failure  to  comply  with  the
    14  provisions of this section shall result in a  penalty  of  one  thousand
    15  dollars for each day it is not in compliance with the provisions of this
    16  section. If such penalties exceed a total of fifty thousand dollars in a
    17  calendar year, the following may occur:
    18    (a)  the  attorney  general is authorized to enforce the provisions of
    19  this section, including, but not limited to, further  penalties  at  the
    20  attorney general's discretion; or
    21    (b)  revocation  of  such  food  service establishment's permit at the
    22  discretion of the local health department.
    23    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14742-01-4