Bill Text: NY S03045 | 2015-2016 | 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) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S03045 Detail]

Download: New_York-2015-S03045-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3045
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       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-k to read as follows:
    3    S 399-K. 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04039-01-5
       S. 3045                             2
    1    S 2. This act shall take effect on the one hundred eightieth day after
    2  it  shall  have  become  a  law  and  shall  apply to all cash registers
    3  installed on or after such date; provided,  however  that  all  existing
    4  cash  registers  in  violation  of subdivision 1 of section 399-k of the
    5  general  business  law  as  added  by  section  one of this act shall be
    6  replaced within five years from when this act shall have become a law.