Allows retail mercantile establishments to sell postage stamps only if such postage stamp is sold for its actual face value or the current postal rate as determined by the US post office; makes an exemption for philatelic activities; and further provides for a civil penalty not to exceed $150 for each violation.
S T A T E O F N E W Y O R K
________________________________________________________________________
6743
2013-2014 Regular Sessions
I N A S S E M B L Y
April 17, 2013
___________
Introduced by M. of A. BARRON, STEVENSON, ROBINSON, COOK, MONTESANO,
CAMARA -- Multi-Sponsored by -- M. of A. BOYLAND, GUNTHER, McDONOUGH,
ORTIZ, SALADINO -- read once and referred to the Committee on Economic
Development
AN ACT to amend the general business law, in relation to the sale of
postage stamps
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-s to read as follows:
S 391-S. SALE OF POSTAGE STAMPS. 1. FOR THE PURPOSES OF THIS SECTION:
(A) "POSTAGE STAMP" MEANS ANY SMALL, USUALLY ADHESIVE LABEL ISSUED BY
THE GOVERNMENT AND SOLD IN VARIOUS DENOMINATIONS TO BE AFFIXED TO ITEMS
OF MAIL AS EVIDENCE OF THE PAYMENT OF POSTAGE;
(B) "RETAIL MERCANTILE ESTABLISHMENT" MEANS A PLACE WHERE MERCHANDISE
IS OFFERED TO THE PUBLIC FOR SALE.
2. NO RETAIL MERCANTILE ESTABLISHMENT SHALL SELL OR OFFER TO SELL OR
CAUSE ANY PERSON TO SELL OR OFFER TO SELL A POSTAGE STAMP TO ANY INDI-
VIDUAL, UNLESS SUCH POSTAGE STAMP IS SOLD FOR ITS ACTUAL FACE VALUE.
3. THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO PHILATEL-
IC ACTIVITIES, MORE COMMONLY KNOWN AS THE COLLECTION AND/OR TRADING OF
STAMPS AND OTHER POSTAL MATERIALS.
4. ANY RETAIL MERCANTILE ESTABLISHMENT WHICH FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION SHALL BE ASSESSED A CIVIL PENALTY NOT TO
EXCEED ONE HUNDRED FIFTY DOLLARS FOR EACH VIOLATION OF THIS SECTION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08007-01-3
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