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Senate Bill S4134

2021-2022 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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2021-S4134 (ACTIVE) - Details

See Assembly Version of this Bill:
A9733
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4691
2023-2024: S326, A105
2025-2026: A2540

2021-S4134 (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.

2021-S4134 (ACTIVE) - Sponsor Memo

2021-S4134 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4134
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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.
                                                            LBD08229-01-1

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