senate Bill S3021

2011-2012 Legislative Session

Requires licensing for doorbuster sales

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to cities
Feb 07, 2011 referred to cities

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S3021 - Bill Details

See Assembly Version of this Bill:
A1868
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add Title 20 Chap 2 Subchap 33 §§20-539 - 20-545, NYC Ad Cd; add Art 29-FF §§596-a - 596-f, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S3706A, A11373

S3021 - Bill Texts

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Requires licensing for doorbuster sales; defines "doorbuster sale"; establishes procedure for application and issuance of license for such sale; establishes penalties for violation and hearing authority; adds licensing requirements to the general business law.

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BILL NUMBER:S3021

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the
general business law, in relation to
requiring licensing for doorbuster sales

PURPOSE:
To ensure businesses have proper licenses
and have taken
certain safety precautions when conducting door buster sales.

SUMMARY OF PROVISION:
Amends section 1, chapter 2 of title 20 of the
administrative code of the city of New York by adding subchapter 33.
The new subchapter includes definitions of what a door buster sale
is, the license required, application, the issuance of the license,
rules, violations, and hearing authority.

JUSTIFICATION:
Door buster sales often attract large crowds to
business stores and outlets, due to the many discounts offered.
Safety is always an issue at these stores, due to high capacity of
people, limited space.for customers, and inadequate security. The
provisions ensure that businesses must apply for a license to have a
door buster sale. They must meet certain requirements such as floor
space, security measures, and a projection of customers expected to
attend. These guidelines will ensure customers, employees, and
bystanders are not harmed, and that security measures are in place to
handle the influx of customers.

LEGISLATIVE HISTORY:
2009-10: S.3707 - Reported and Committed to Finance; A.11373

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3021

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sens.  HUNTLEY,  ADDABBO, DIAZ, HASSELL-THOMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Cities

AN  ACT to amend the administrative code of the city of New York and the
  general business law, in relation to requiring licensing for  doorbus-
  ter sales

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

  Section 1. Chapter 2 of title 20 of the  administrative  code  of  the
city  of  New  York  is amended by adding a new subchapter 33 to read as
follows:
                              SUBCHAPTER 33
                            DOORBUSTER SALES
  S 20-539 DEFINITIONS.
  S 20-540 LICENSE REQUIRED.
  S 20-541 APPLICATION.
  S 20-542 ISSUANCE OF LICENSE.
  S 20-543 RULES.
  S 20-544 VIOLATIONS.
  S 20-545 HEARING AUTHORITY.
  S 20-539 DEFINITIONS. WHENEVER USED IN THIS SUBCHAPTER, THE  FOLLOWING
TERMS SHALL MEAN AND INCLUDE:
  1. "DOORBUSTER SALE." A SALE OR AN OFFER TO SELL TO THE PUBLIC, GOODS,
WARES,  AND  MERCHANDISE OF ANY KIND AT A SUBSTANTIALLY DISCOUNTED PRICE
FOR A LIMITED TIME WHERE THE FOLLOWING FACTORS OCCUR:
  A. THE SALE FEATURES CERTAIN ITEMS AT A FURTHER REDUCED  PRICE  FOR  A
LIMITED TIME ON THE DAY OF THE SALE; AND
  B.  THE SALE FEATURES A LIMITED QUANTITY OF CERTAIN ITEMS AT A FURTHER
REDUCED PRICE TO ATTRACT USUALLY LARGER THAN ANTICIPATED CROWDS; AND
  C. LANGUAGE IS USED TO PROMOTE THE SALE WHICH ENTICES  THE  PUBLIC  TO
WAIT  IN LINE PRIOR TO THE RETAILER'S OPENING, INCLUDING BUT NOT LIMITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05566-01-1

S. 3021                             2

TO "BLACK FRIDAY," "DOORBUSTER," AND "FIRST COME FIRST SERVED,"  OR  THE
SALE  IS ADVERTISED TO START EARLIER THAN THE RETAILER'S NORMAL BUSINESS
HOURS; AND
  D. DOORBUSTER SALES SHALL NOT INCLUDE "GOING OUT OF BUSINESS SALES" AS
DEFINED BY SECTION 20-308 OF THIS CHAPTER.
  2. "COMMISSIONER." THE COMMISSIONER OF CONSUMER AFFAIRS.
  S  20-540  LICENSE  REQUIRED.  IT  SHALL BE UNLAWFUL FOR ANY PERSON TO
ADVERTISE OR TO PUBLISH NOTICE PERTAINING TO OR TO CONDUCT A  DOORBUSTER
SALE  WITHOUT FIRST OBTAINING A LICENSE ISSUED PURSUANT TO THIS SUBCHAP-
TER.
  S 20-541 APPLICATION. 1. EACH RETAILER APPLYING FOR  A  LICENSE  SHALL
FILE  AN  APPLICATION  IN  SUCH  FORM AND DETAIL AS THE COMMISSIONER MAY
PRESCRIBE AND SHALL PAY A FEE OF ONE HUNDRED DOLLARS.
  2. ALL APPLICATIONS FOR SUCH LICENSES SHALL BE FILED  AT  LEAST  SIXTY
DAYS PRIOR TO THE DATE ON WHICH SUCH SALE IS TO COMMENCE.
  3. THE FEE FOR FILING SUCH APPLICATION SHALL BE ONE HUNDRED DOLLARS.
  4.  IN  ADDITION  TO  ANY OTHER INFORMATION REQUIRED, THE COMMISSIONER
SHALL REQUIRE THE FOLLOWING INFORMATION:
  A. THE NAME AND ADDRESS OF THE APPLICANT, WHETHER THE APPLICANT IS THE
TRUE OWNER OF THE GOODS, WARES OR MERCHANDISE TO BE SOLD, AND
  (I) IF THE APPLICANT BE A PARTNERSHIP, THE NAMES AND ADDRESSES OF  ALL
PARTNERS, OR
  (II)  IF  THE  APPLICANT BE A CORPORATION OR ASSOCIATION, THE DATE AND
PLACE OF INCORPORATION OR ORGANIZATION, THE  ADDRESS  OF  THE  PRINCIPAL
OFFICE  WITHIN THE STATE, THE NAMES AND ADDRESSES OF ALL THE OFFICERS OF
THE APPLICANT AND WHETHER A CONTROLLING INTEREST IN THE  CORPORATION  OR
ASSOCIATION  WAS  TRANSFERRED WITHIN SIX MONTHS PRIOR TO THE DATE OF THE
FILING OF THE APPLICATION.
  B. THE NAME AND ADDRESS OF THE PERSON OR PERSONS WHO WILL BE IN CHARGE
AND RESPONSIBLE FOR THE CONDUCT OF SUCH SALE.
  C. THE EXACT ADDRESS OF  THE  PLACE  AT  WHICH  SUCH  SALE  IS  TO  BE
CONDUCTED AND THE LENGTH OF TIME THE APPLICANT HAS BEEN ENGAGED IN BUSI-
NESS AT SUCH LOCATION.
  D.  THE  DATE  AND TIME SUCH SALE IS TO BEGIN AND THE DURATION OF SUCH
SALE.
  E. THE NATURE OF THE OCCUPANCY WHERE SUCH SALE IS TO BE HELD,  WHETHER
BY  LEASE  OR  OTHERWISE,  AND THE EFFECTIVE DATE OF TERMINATION OF SUCH
OCCUPANCY.
  F. A STATEMENT OF THE DESCRIPTIVE NAME OF THE SALE.
  G. A VALID AND ACCURATE FLOOR PLAN OF THE LOCATION AT WHICH SUCH  SALE
IS  TO BE CONDUCTED, WITH THE DOORS TO BE USED AS ENTRANCES TO AND EXITS
FROM THE PROPOSED SALE CLEARLY MARKED.
  H. A DETAILED PLAN FOR CROWD CONTROL THAT IS DESIGNED TO ENSURE ORDER-
LY AND SAFE ENTRANCE INTO THE STORE, INCLUDING  THE  FOLLOWING  INFORMA-
TION:
  (I) THE CAPACITY OF THE LOCATION OF SUCH SALE; AND
  (II) AN EXPECTATION OF THE NUMBER OF PEOPLE ANTICIPATED TO ATTEND SUCH
SALE; AND
  (III)  THE NUMBER OF PERSONNEL ASSIGNED TO MANAGE THE ENTRANCES TO THE
STORE; AND
  (IV) THE TIME AT WHICH CUSTOMERS WILL BE PERMITTED TO  STAND  IN  LINE
PRIOR TO THE OPENING OF THE STORE; AND
  (V) THE TOTAL NUMBER OF PERSONNEL ASSIGNED TO WORK FOR THE DURATION OF
SUCH SALE; AND
  (VI) ANY ADDITIONAL INFORMATION AS THE COMMISSIONER MAY REQUIRE.

S. 3021                             3

  S 20-542 ISSUANCE OF LICENSE. UPON THE FILING OF SUCH APPLICATION, THE
COMMISSIONER  SHALL  ISSUE  SUCH    LICENSE FOR THE DATE OF THE PROPOSED
DOORBUSTER SALE IF HE OR SHE  FINDS  THAT  THE  CROWD  CONTROL  PLAN  IS
ADEQUATE TO ENSURE THE PUBLIC'S SAFETY FOR THE DURATION OF THE SALE.
  S 20-543 RULES.  1. THE RETAILER SHALL ENSURE THAT ALL PERSONNEL SHALL
RECEIVE ADEQUATE TRAINING BY A LICENSED SECURITY GUARD RELATING TO CROWD
CONTROL,  STORE SAFETY AND SALES PROCEDURES. THE LICENSED SECURITY GUARD
AND THE STORE MANAGER SHALL SIGN  A  LETTER  OF  CERTIFICATION  FOR  THE
EMPLOYEE  TRAINED  IN  ORDER  TO  CERTIFY THAT THE EMPLOYEE HAS RECEIVED
PROPER TRAINING.
  2. THE RETAILER SHALL DEVELOP AND INSTITUTE STORE POLICIES AND  PROCE-
DURES  WHICH  ARE  DESIGNED  TO  PROMOTE  THE  FAIR  AND ORDERLY SALE OF
PRODUCTS WHICH ARE BEING OFFERED AT A REDUCED SALE PRICE  INCLUDING  BUT
NOT LIMITED TO:
  A. SECURED AND MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES;
  B.  A FIRST COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS
WHICH ARE LIMITED IN QUANTITY; AND
  C. PLACEMENT OF CERTAIN LIMITED QUANTITY  ITEMS  IN  RESTRICTED  AREAS
WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEASURES SO AS TO ALLOW
FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES ASSOCIATES ACCORDING
TO SET POLICIES AND PROCEDURES.
  3. THE COMMISSIONER MAY MAKE AND PROMULGATE SUCH RULES AND REGULATIONS
AS  HE  OR  SHE  MAY  DEEM  NECESSARY  FOR THE PROPER IMPLEMENTATION AND
ENFORCEMENT OF THIS SUBCHAPTER.
  S 20-544 VIOLATIONS. 1. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SUBCHAPTER SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A  FINE  OF  NOT
LESS  THAN  FIVE  THOUSAND DOLLARS.   ANY SUBSEQUENT VIOLATIONS SHALL BE
PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS.
  2. ANY PERSON VIOLATING THIS SUBCHAPTER SHALL BE SUBJECT  TO  A  CIVIL
PENALTY  OF NOT LESS THAN FIVE THOUSAND DOLLARS. A PROCEEDING TO RECOVER
ANY CIVIL PENALTY PURSUANT TO THIS SUBCHAPTER SHALL BE COMMENCED BY  THE
SERVICE  OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE TO THE ADMINIS-
TRATIVE TRIBUNAL OF THE DEPARTMENT.  ANY SUBSEQUENT VIOLATIONS SHALL  BE
PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS.
  S  20-545 HEARING AUTHORITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE DEPARTMENT SHALL BE AUTHORIZED UPON DUE NOTICE AND HEARING,  TO
IMPOSE  CIVIL  PENALTIES  FOR  THE  VIOLATION  OF  ANY PROVISION OF THIS
SUBCHAPTER AND ANY RULES PROMULGATED THEREUNDER. SUCH  DEPARTMENT  SHALL
HAVE THE POWER TO RENDER DECISIONS AND ORDERS AND TO IMPOSE CIVIL PENAL-
TIES  NOT  TO  EXCEED  THE  AMOUNTS  SPECIFIED IN SECTION 20-544 OF THIS
SUBCHAPTER FOR EACH SUCH VIOLATION. ALL PROCEEDINGS AUTHORIZED  PURSUANT
TO  THIS SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH RULES PROMULGATED
BY THE COMMISSIONER. THE PENALTIES PROVIDED FOR  IN  SECTION  20-544  OF
THIS  SUBCHAPTER SHALL BE IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES
PROVIDED FOR THE ENFORCEMENT OF SUCH  PROVISIONS  UNDER  ANY  OTHER  LAW
INCLUDING, BUT NOT LIMITED TO, CIVIL OR CRIMINAL ACTIONS OR PROCEEDINGS.
  2.  ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE
OF VIOLATION RETURNABLE TO THE ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT
OF CONSUMER AFFAIRS. THE COMMISSIONER SHALL PRESCRIBE THE FORM AND WORD-
ING OF NOTICES OF VIOLATION. THE NOTICE OF  VIOLATION  OR  COPY  THEREOF
WHEN  FILLED  IN  AND  SERVED  SHALL  CONSTITUTE NOTICE OF THE VIOLATION
CHARGED, AND, IF SWORN TO OR AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE  OF
THE FACTS CONTAINED THEREIN.
  S 2. The general business law is amended by adding a new article 29-FF
to read as follows:

S. 3021                             4

                              ARTICLE 29-FF
                            DOORBUSTER SALES
SECTION 596-A. DEFINITIONS.
        596-B. UNLAWFUL ADVERTISEMENT.
        596-C. APPLICATION REQUIREMENTS.
        596-D. RULES.
        596-E. VIOLATIONS.
        596-F. HEARING AUTHORITY.
  S  596-A.  DEFINITIONS.  WHENEVER  USED IN THIS ARTICLE, THE FOLLOWING
TERMS SHALL MEAN AND INCLUDE: (A) "DOORBUSTER SALE." A SALE OR AN  OFFER
TO  SELL  TO  THE PUBLIC, GOODS, WARES, AND MERCHANDISE OF ANY KIND AT A
SUBSTANTIALLY DISCOUNTED PRICE FOR A LIMITED TIME WHERE AT LEAST ONE  OF
THE FOLLOWING FACTORS OCCUR:
  (1)  THE  SALE FEATURES CERTAIN ITEMS AT A FURTHER REDUCED PRICE FOR A
LIMITED TIME ON THE DAY OF THE SALE; AND
  (2) THE SALE FEATURES A LIMITED QUANTITY OF CERTAIN ITEMS AT A FURTHER
REDUCED PRICE TO ATTRACT USUALLY LARGER THAN ANTICIPATED CROWDS; AND
  (3) LANGUAGE IS USED TO PROMOTE THE SALE WHICH ENTICES THE  PUBLIC  TO
WAIT  IN LINE PRIOR TO THE RETAILER'S OPENING, INCLUDING BUT NOT LIMITED
TO "BLACK FRIDAY," "DOORBUSTER," AND "FIRST COME FIRST SERVED,"  OR  THE
SALE  IS ADVERTISED TO START EARLIER THAN THE RETAILER'S NORMAL BUSINESS
HOURS; AND
  (4) DOORBUSTER SALES SHALL NOT INCLUDE "GOING OUT OF  BUSINESS  SALES"
AS DEFINED BY SECTION FIVE HUNDRED EIGHTY-ONE OF THIS CHAPTER.
  (B) "LICENSING AUTHORITY." THE DEPARTMENT OR OFFICER OF ANY CITY, TOWN
OR VILLAGE ESTABLISHED FOR THE SPECIFIC PURPOSE OF ISSUING LICENSES, AND
WHERE THERE IS NO SUCH DEPARTMENT OR OFFICER, IT SHALL MEAN THE CLERK OF
SUCH CITY, TOWN OR VILLAGE.
  S  596-B.  UNLAWFUL ADVERTISEMENT. IT SHALL BE UNLAWFUL FOR ANY PERSON
TO ADVERTISE OR TO PUBLISH NOTICE PERTAINING TO OR TO CONDUCT A DOORBUS-
TER SALE WITHOUT FIRST OBTAINING A LICENSE ISSUED PURSUANT TO THIS ARTI-
CLE.
  S 596-C.  APPLICATION  REQUIREMENTS.  (A)  ANY  RETAILER  DESIRING  TO
CONDUCT   A   DOORBUSTER   SALE  AS  DEFINED  IN  SECTION  FIVE  HUNDRED
NINETY-SIX-A OF THIS ARTICLE, SHALL FILE AN APPLICATION  UNDER  OATH  TO
THE  LICENSING  AUTHORITY  OF  THE APPROPRIATE CITY, TOWN, OR VILLAGE IN
WHICH THE SALE IS TO BE HELD. ANY RETAILER DESIRING TO CONDUCT  A  DOOR-
BUSTER  SALE  LOCATED  WITHIN  ANY BOROUGH OF THE CITY OF NEW YORK SHALL
COMPLY WITH THE PROVISIONS SET FORTH WITHIN SUBCHAPTER  THIRTY-THREE  OF
CHAPTER  TWO  OF  TITLE TWENTY OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
  (B) ALL APPLICATIONS FOR SUCH LICENSES SHALL BE FILED AT  LEAST  SIXTY
DAYS PRIOR TO THE DATE ON WHICH SUCH SALE IS TO COMMENCE.
  (C) THE FEE FOR FILING SUCH APPLICATION SHALL BE ONE HUNDRED DOLLARS.
  (D)  IN  ADDITION  TO  ANY  OTHER  INFORMATION REQUIRED, THE LICENSING
AUTHORITY SHALL REQUIRE THE FOLLOWING  INFORMATION:  (I)  THE  NAME  AND
ADDRESS OF THE APPLICANT, WHETHER THE APPLICANT IS THE TRUE OWNER OF THE
GOODS, WARES OR MERCHANDISE TO BE SOLD, AND
  (A)  IF THE APPLICANT BE A PARTNERSHIP, THE NAMES AND ADDRESSES OF ALL
PARTNERS, OR
  (B) IF THE APPLICANT BE A CORPORATION OR  ASSOCIATION,  THE  DATE  AND
PLACE  OF  INCORPORATION  OR  ORGANIZATION, THE ADDRESS OF THE PRINCIPAL
OFFICE WITHIN THE STATE, THE NAMES AND ADDRESSES OF ALL THE OFFICERS  OF
THE  APPLICANT  AND WHETHER A CONTROLLING INTEREST IN THE CORPORATION OR
ASSOCIATION WAS TRANSFERRED WITHIN SIX MONTHS PRIOR TO THE DATE  OF  THE
FILING OF THE APPLICATION.

S. 3021                             5

  (II)  THE  NAME  AND  ADDRESS  OF THE PERSON OR PERSONS WHO WILL BE IN
CHARGE AND RESPONSIBLE FOR THE CONDUCT OF SUCH SALE.
  (III)  THE  EXACT  ADDRESS  OF  THE  PLACE AT WHICH SUCH SALE IS TO BE
CONDUCTED AND THE LENGTH OF TIME THE APPLICANT HAS BEEN ENGAGED IN BUSI-
NESS AT SUCH LOCATION.
  (IV) THE DATE AND TIME SUCH SALE IS TO BEGIN AND THE DURATION OF  SUCH
SALE.
  (V) THE NATURE OF THE OCCUPANCY WHERE SUCH SALE IS TO BE HELD, WHETHER
BY  LEASE  OR  OTHERWISE,  AND THE EFFECTIVE DATE OF TERMINATION OF SUCH
OCCUPANCY.
  (VI) A STATEMENT OF THE DESCRIPTIVE NAME OF THE SALE.
  (VII) A VALID AND ACCURATE FLOOR PLAN OF THE LOCATION  AT  WHICH  SUCH
SALE  IS  TO BE CONDUCTED, WITH THE DOORS TO BE USED AS ENTRANCES TO AND
EXITS FROM THE PROPOSED SALE CLEARLY MARKED.
  (VIII) A DETAILED PLAN FOR CROWD CONTROL THAT IS  DESIGNED  TO  ENSURE
ORDERLY AND SAFE ENTRANCE INTO THE STORE, INCLUDING THE FOLLOWING INFOR-
MATION:
  (A) THE CAPACITY OF THE LOCATION OF SUCH SALE; AND
  (B)  AN EXPECTATION OF THE NUMBER OF PEOPLE ANTICIPATED TO ATTEND SUCH
SALE; AND
  (C) THE NUMBER OF PERSONNEL ASSIGNED TO MANAGE THE  ENTRANCES  TO  THE
STORE; AND
  (D)  THE  TIME  AT  WHICH CUSTOMERS WILL BE PERMITTED TO STAND IN LINE
PRIOR TO THE OPENING OF THE STORE; AND
  (E) THE TOTAL NUMBER OF PERSONNEL ASSIGNED TO WORK FOR THE DURATION OF
SUCH SALE; AND
  (F) ANY ADDITIONAL INFORMATION AS THE LICENSING AUTHORITY MAY REQUIRE.
  (E) UPON COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND SUBJECT TO
A FINDING BY THE LICENSING AUTHORITY OF THE APPROPRIATE  CITY,  TOWN  OR
VILLAGE  IN  WHICH  THE  DOORBUSTER  SALE  IS TO BE HELD, THAT THE CROWD
CONTROL PLAN IS ADEQUATE TO ENSURE THE PUBLIC'S SAFETY FOR THE  DURATION
OF  THE  DOORBUSTER SALE, SUCH LICENSING AUTHORITY SHALL ISSUE A LICENSE
TO  CONDUCT  THE  DOORBUSTER  SALE,  WITHIN  FORTY-EIGHT   HOURS   AFTER
SUBMISSION  OF  THE  APPLICATION,  EXCLUSIVE  OF  SATURDAYS, SUNDAYS AND
PUBLIC HOLIDAYS.
  S 596-D. RULES. (A) THE RETAILER SHALL ENSURE THAT ALL PERSONNEL SHALL
RECEIVE ADEQUATE TRAINING BY A LICENSED SECURITY GUARD RELATING TO CROWD
CONTROL, STORE SAFETY AND SALES PROCEDURES. THE LICENSED SECURITY  GUARD
AND  THE  STORE  MANAGER  SHALL  SIGN  A LETTER OF CERTIFICATION FOR THE
EMPLOYEE TRAINED IN ORDER TO CERTIFY  THAT  THE  EMPLOYEE  HAS  RECEIVED
PROPER TRAINING.
  (B) THE RETAILER SHALL DEVELOP AND INSTITUTE STORE POLICIES AND PROCE-
DURES  WHICH  ARE  DESIGNED  TO  PROMOTE  THE  FAIR  AND ORDERLY SALE OF
PRODUCTS WHICH ARE BEING OFFERED AT A REDUCED SALE PRICE  INCLUDING  BUT
NOT LIMITED TO:
  (1) SECURED AND MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES;
  (2) A FIRST COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS
WHICH ARE LIMITED IN QUANTITY; AND
  (3)  PLACEMENT  OF  CERTAIN LIMITED QUANTITY ITEMS IN RESTRICTED AREAS
WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEASURES SO AS TO ALLOW
FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES ASSOCIATES ACCORDING
TO SET POLICIES AND PROCEDURES.
  (C) THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN  OR  VILLAGE
IN WHICH THE DOORBUSTER SALE IS TO BE HELD, MAY MAKE AND PROMULGATE SUCH
RULES  AND  REGULATIONS  AS  HE OR SHE MAY DEEM NECESSARY FOR THE PROPER
IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE.

S. 3021                             6

  S 596-E. VIOLATIONS. (A) ANY PERSON WHO  VIOLATES  THE  PROVISIONS  OF
THIS  ARTICLE SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE THOUSAND DOLLARS.   ANY SUBSEQUENT  VIOLATIONS  SHALL  BE
PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS.
  (B)  ANY  PERSON  VIOLATING  THIS  ARTICLE SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT LESS THAN FIVE THOUSAND DOLLARS. A PROCEEDING TO  RECOVER
ANY  CIVIL  PENALTY  PURSUANT  TO THIS ARTICLE SHALL BE COMMENCED BY THE
SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE TO THE LICENSING
AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE IN WHICH THE DOORBUS-
TER SALE IS TO BE HELD.  ANY SUBSEQUENT VIOLATIONS SHALL  BE  PUNISHABLE
BY A FINE OF TEN THOUSAND DOLLARS.
  S 596-F. HEARING AUTHORITY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE IN
WHICH  THE  DOORBUSTER  SALE IS TO BE HELD, SHALL BE AUTHORIZED UPON DUE
NOTICE AND HEARING, TO IMPOSE CIVIL PENALTIES FOR THE VIOLATION  OF  ANY
PROVISION  OF  THIS  ARTICLE AND ANY RULES PROMULGATED  THEREUNDER. SUCH
LICENSING AUTHORITY SHALL HAVE THE POWER TO RENDER DECISIONS AND  ORDERS
AND  TO  IMPOSE  CIVIL  PENALTIES NOT TO EXCEED THE AMOUNTS SPECIFIED IN
SECTION  FIVE  HUNDRED  NINETY-SIX-E  OF  THIS  ARTICLE  FOR  EACH  SUCH
VIOLATION.  ALL PROCEEDINGS AUTHORIZED PURSUANT TO THIS SECTION SHALL BE
CONDUCTED IN ACCORDANCE WITH RULES PROMULGATED BY SUCH LICENSING AUTHOR-
ITY. THE PENALTIES PROVIDED FOR IN SECTION FIVE HUNDRED NINETY-SIX-E  OF
THIS  ARTICLE  SHALL  BE  IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES
PROVIDED FOR THE ENFORCEMENT OF SUCH  PROVISIONS  UNDER  ANY  OTHER  LAW
INCLUDING, BUT NOT LIMITED TO, CIVIL OR CRIMINAL ACTIONS OR PROCEEDINGS.
  (B) ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE
OF  VIOLATION  RETURNABLE  TO  THE  LICENSING  AUTHORITY. SUCH LICENSING
AUTHORITY SHALL PRESCRIBE THE FORM AND WORDING OF NOTICES OF  VIOLATION.
THE  NOTICE OF VIOLATION OR COPY THEREOF WHEN FILLED IN AND SERVED SHALL
CONSTITUTE NOTICE  OF  THE  VIOLATION  CHARGED,  AND,  IF  SWORN  TO  OR
AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  S 3. This act shall take effect immediately.

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