S T A T E O F N E W Y O R K
________________________________________________________________________
476
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Consumer Affairs and 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 TWO HUNDRED FIFTY
DOLLARS FOR THE FIRST VIOLATION AND A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED 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 on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02293-01-3