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Senate Bill S4691

2019-2020 Legislative Session

Relates to prohibiting establishments from refusing to accept cash as payment

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

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2019-S4691 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4134
2023-2024: S326

2019-S4691 (ACTIVE) - Summary

Prohibits food-service and retail establishments from refusing to accept cash as payment for goods or services and calls for a civil fine if an establishment should refuse cash as payment.

2019-S4691 (ACTIVE) - Sponsor Memo

2019-S4691 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4691
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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  prohibiting
   retail establishments from refusing to accept payment in cash
 
   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
 396-ii to read as follows:
   § 396-II. CASHLESS POLICIES PROHIBITED. A. AS USED  IN  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (I)  "FOOD-SERVICE  ESTABLISHMENT"  SHALL  MEAN AN ESTABLISHMENT WHICH
 GIVES OR OFFERS FOR SALE FOOD OR BEVERAGES TO THE PUBLIC FOR CONSUMPTION
 OR USE ON OR OFF THE PREMISES.
   (II) "RETAIL ESTABLISHMENT"  SHALL  MEAN  AN  ESTABLISHMENT  IN  WHICH
 CONSUMER  COMMODITIES  ARE SOLD, DISPLAYED OR OFFERED FOR SALE, OR WHICH
 PROVIDES SERVICES TO CONSUMERS AT RETAIL.
   B. IT SHALL BE UNLAWFUL FOR A FOOD-SERVICE ESTABLISHMENT OR  A  RETAIL
 ESTABLISHMENT,  AS  POLICY,  TO  REFUSE  TO  ACCEPT PAYMENT IN CASH FROM
 CONSUMERS.
   C. A FOOD-SERVICE ESTABLISHMENT OR RETAIL ESTABLISHMENT VIOLATING THIS
 SECTION IS LIABLE FOR A CIVIL  PENALTY  OF  NOT  MORE  THAN  TWENTY-FIVE
 HUNDRED  DOLLARS FOR THE FIRST VIOLATION AND A CIVIL PENALTY OF NOT MORE
 THAN FIVE THOUSAND DOLLARS FOR EACH SUCCEEDING VIOLATION.
   D. THE DEPARTMENT OF LABOR MAY  PROMULGATE  SUCH  RULES  AS  IT  DEEMS
 NECESSARY TO IMPLEMENT AND ENFORCE THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10905-01-9

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