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Assembly Bill A2403

2009-2010 Legislative Session

Prohibits mercantile establishments from allowing customers to wear certain articles of apparel before purchase thereof

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Archive: Last Bill Status - In Assembly Committee

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2009-A2403 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Ren Art 40 §§900 & 901 to be Art 41 §§910 & 911, add Art 40 §§900 - 902, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A770

2009-A2403 (ACTIVE) - Summary

Prohibits mercantile establishments from allowing customers to wear undergarments before purchase thereof; prescribes a civil penalty of not more than one hundred dollars and for subsequent violations, not more than five hundred dollars.

2009-A2403 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2403

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

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

AN ACT to amend the general business law, in relation to prohibiting the
  wearing of certain apparel by consumers prior to the purchase thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 40 and sections 900 and 901 of the general business
law,  as  renumbered  by chapter 407 of the laws of 1973, are renumbered
article 41 and sections 910 and 911 and a new article  40  is  added  to
read as follows:
                                ARTICLE 40
         WEARING OF CERTAIN APPAREL PRIOR TO PURCHASE PROHIBITED
SECTION 900. DEFINITIONS.
        901.  WEARING  OF  ARTICLES OF WEARING APPAREL PRIOR TO PURCHASE
               PROHIBITED.
        902. PENALTIES.
  S 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "RETAIL MERCANTILE ESTABLISHMENT" MEANS A PLACE  WHERE  MERCHANDISE
IS OFFERED TO THE PUBLIC FOR SALE.
  2. "ARTICLE OF WEARING APPAREL" MEANS ANY COSTUME OR ARTICLE OF CLOTH-
ING  WORN  OR  INTENDED  TO  BE  WORN BY INDIVIDUALS AND KNOWN BY COMMON
PARLANCE AS UNDERWEAR.
  S 901. WEARING OF  ARTICLES  OF  WEARING  APPAREL  PRIOR  TO  PURCHASE
PROHIBITED.  NO  INDIVIDUAL,  PARTNERSHIP,  CORPORATION,  ASSOCIATION OR
OTHER FORM OF BUSINESS ENTERPRISE OPERATING A RETAIL  MERCANTILE  ESTAB-
LISHMENT  SHALL  PERMIT  ANY  INDIVIDUAL  TO  WEAR AN ARTICLE OF WEARING
APPAREL AS DEFINED IN SUBDIVISION TWO OF SECTION NINE  HUNDRED  OF  THIS
ARTICLE,  WHICH  IS OFFERED FOR SALE BY SUCH ESTABLISHMENT, PRIOR TO THE
PURCHASE OF ANY SUCH ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05644-01-9

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