Bill Text: NY A11083 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires that all cash registers newly installed which are customarily used by a business dealing with consumers have a visual display indicating the amount of any sale to such consumer; exempts from such provisions hotels, motels, or retail licensed premises for the on-premises consumption of alcoholic beverages; authorizes the attorney general to seek injunctive relief for violations of such provisions, and authorizes courts to impose a civil penalty of not more than five hundred dollars for each such violation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-13 - referred to economic development [A11083 Detail]
Download: New_York-2009-A11083-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 11083 I N A S S E M B L Y May 13, 2010 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the general business law, in relation to cash registers 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 2 399-i to read as follows: 3 S 399-I. CASH REGISTERS. 1. ANY CASH REGISTER USED BY OR IN THE OPERA- 4 TION OF A BUSINESS WHICH CUSTOMARILY DEALS WITH CONSUMERS, OTHER THAN A 5 HOTEL, MOTEL, RETAIL LICENSED PREMISES FOR THE ON-PREMISES CONSUMPTION 6 OF ALCOHOLIC BEVERAGES OR RESTAURANT WHERE A PRINTED AND ITEMIZED CHECK 7 IS PROVIDED FOR THE CUSTOMER'S PERUSAL BEFORE PAYMENT, SHALL VISUALLY 8 DISPLAY THE AMOUNT OF ANY SALE IN A MANNER READILY VISIBLE TO SUCH 9 CONSUMER. 10 2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION 11 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE 12 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL 13 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT OF 14 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH 15 VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR 16 JUSTICE THAT THE RESPONDENT HAS, IN FACT, VIOLATED THIS SECTION, AN 17 INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND 18 RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY 19 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT 20 SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT 21 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR 22 EACH VIOLATION. IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY 23 GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE 24 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC- 25 TICE LAW AND RULES. 26 S 2. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law and shall apply to all cash registers 28 installed on or after such date; provided, however that all existing 29 cash registers in violation of subdivision one of section 399-i of the 30 general business law as added by section one of this act shall be 31 replaced within five years from when this act shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01336-01-9