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Senate Bill S4139

2009-2010 Legislative Session

Prohibits restaurants in certain cities from serving water except upon request

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2009-S4139 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-ff, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S2125

2009-S4139 (ACTIVE) - Summary

Prohibits restaurants in cities with a population of one million or more from serving drinking water from a tap to patrons, except upon request of patrons; defines relevant terms; excludes catering and banquet facilities.

2009-S4139 (ACTIVE) - Sponsor Memo

2009-S4139 (ACTIVE) - Bill Text download pdf 

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

                                  4139

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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  serving  water
  to patrons in restaurants in certain cities

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

  Section 1. Legislative intent. The legislature recognizes that  drink-
ing  water  is  an  essential  resource  that must be conserved whenever
possible.  Therefore, water conservation is a vital concern. The  legis-
lature  encourages  consumers  and commercial establishments to conserve
water, whenever it is possible and appropriate.
  The legislature declares it is the purpose of this act and it  is  the
policy  of the state of New York to actively promote the conservation of
water by consumers and commercial establishments.
  S 2. The general business law is amended by adding a new section  399-
ff to read as follows:
  S  399-FF.  SERVICE  OF  WATER  IN RESTAURANTS; PROHIBITED EXCEPT UPON
REQUEST. 1. NOTWITHSTANDING ANY RULE, REGULATION OR PROVISION OF LAW  TO
THE  CONTRARY, NO RESTAURANT IN A CITY WITH A POPULATION OF A MILLION OR
MORE SHALL SERVE DRINKING WATER FROM A TAP TO ANY PATRON OF SUCH RESTAU-
RANT, EXCEPT UPON THE REQUEST OF SUCH PATRON.
  2. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION
HAS OCCURRED, THE COURT SHALL ISSUE A WARNING FOR THE  FIRST  VIOLATION.
THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR THE SECOND VIOLATION. THE COURT MAY IMPOSE A  CIVIL  PENALTY
OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION THEREAFTER, BUT
IN  NO  EVENT  SHALL  THE  TOTAL  PENALTY  THEREFOR EXCEED FIVE THOUSAND
DOLLARS.
  3.  FOR PURPOSES OF THIS SECTION, (A) "RESTAURANT," IN ADDITION TO ITS
ORDINARY MEANING, SHALL INCLUDE, ANY COFFEE  SHOP,  CAFETERIA,  LUNCHEO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11132-01-9

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