Assembly Bill A5902

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5902
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT to amend the general business law, in relation to preventing the
   price gouging of water at places of entertainment
 
   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-rrr to read as follows:
   § 396-RRR. PRICE  GOUGING;  BOTTLED  WATER.  1.  DEFINITIONS.  FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "COMMISSIONER"  SHALL  MEAN  THE  COMMISSIONER OF AGRICULTURE AND
 MARKETS.
   (B) "CONSCIONABLY PRICED BOTTLED OR  TAP  WATER"  SHALL  MEAN  POTABLE
 WATER  IN  CONSUMER  SIZED  PACKAGES  OR  PROVIDED  TO THE CONSUMER IN A
 CONSUMER SIZED CONTAINER PROVIDED AT NO COST TO THE CONSUMER OR WHICH IS
 FOR SALE OR OFFERED FOR SALE AT A PRICE OF  LESS  THAN  ONE  DOLLAR  PER
 SIXTEEN  AND  NINE-TENTHS  FLUID  OUNCES  OR FIVE HUNDRED MILLILITERS OF
 WATER.
   (C) "PLACE OF ENTERTAINMENT" SHALL MEAN  A  THEATRE,  DINNER  THEATRE,
 HALL,  COLISEUM,  CONVENTION CENTER, ARENA, AUDITORIUM, STADIUM, CONCERT
 HALL, AMUSEMENT PARK, GARDEN, OUTDOOR SPACE OR OTHER PLACE OF AMUSEMENT.
   2. ANY PLACE OF ENTERTAINMENT WHICH  SELLS  OR  OFFERS  FOR  SALE  ANY
 BEVERAGES  SHALL  ALSO  OFFER  CONSCIONABLY PRICED BOTTLED OR TAP WATER,
 OTHERWISE THE PRICE OF ALL BEVERAGES SOLD OR OFFERED FOR  SALE  BY  SUCH
 PLACE OF ENTERTAINMENT SHALL BE CONSIDERED UNCONSCIONABLY EXCESSIVE.
   3.  UPON  A  DETERMINATION  BY THE COMMISSIONER THAT A PLACE OF ENTER-
 TAINMENT IS SELLING OR OFFERING FOR SALE BEVERAGES AT PRICES  CONSIDERED
 UNCONSCIONABLY  EXCESSIVE  UNDER  SUBDIVISION  TWO  OF THIS SECTION, THE
 COMMISSIONER SHALL, BY WRITTEN NOTICE, PROVIDE ANY SUCH PLACE OF  ENTER-
 TAINMENT AN OPPORTUNITY TO DEMONSTRATE THAT IT WAS OFFERING CONSCIONABLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08037-02-5
              

 A. 5902                             2
 
 PRICED  BOTTLED  OR  TAP WATER. ANY PLACE OF ENTERTAINMENT, SO NOTIFIED,
 WHO DOES NOT SUBMIT A WRITTEN REPLY WITHIN THREE BUSINESS  DAYS  OF  THE
 RECEIPT  OF  SUCH  NOTICE, AND WHO DOES NOT WITHIN SUCH TIME SATISFY THE
 COMMISSIONER  THAT  IT  WAS  OFFERING CONSCIONABLY PRICED BOTTLED OR TAP
 WATER SHALL BE IDENTIFIED  IN  THE  COMMISSIONER'S  DETERMINATION  AS  A
 PERSON  APPARENTLY  IN  VIOLATION  OF  SUBDIVISION  TWO OF THIS SECTION.
 FOLLOWING SUCH NOTICE TO AND OPPORTUNITY FOR SUCH PLACE OF ENTERTAINMENT
 TO RESPOND, THE COMMISSIONER SHALL FORWARD THEIR DETERMINATION, IN WRIT-
 ING, TOGETHER WITH ALL SUPPORTING EVIDENCE, TO THE ATTORNEY GENERAL.
   4. WHERE  A  DETERMINATION  AND  ALL  SUPPORTING  EVIDENCE  HAVE  BEEN
 FORWARDED  FROM  THE COMMISSIONER, THE ATTORNEY GENERAL MAY APPLY IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO THE SUPREME COURT OF  THE
 STATE  OF NEW YORK WITHIN THE JUDICIAL DISTRICT IN WHICH SUCH VIOLATIONS
 ARE ALLEGED TO HAVE OCCURRED, ON NOTICE  OF  FIVE  DAYS,  FOR  AN  ORDER
 ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE ALLEGED UNLAW-
 FUL  ACTS.  IN  ANY SUCH PROCEEDING, THE COURT SHALL DETERMINE THE TOTAL
 EXCESSIVE CHARGE FOR BEVERAGES SOLD AND SHALL ASSESS A CIVIL PENALTY  IN
 THE SUM OF THE TOTAL EXCESSIVE CHARGE FOR BEVERAGES SOLD.
   5.  THE  COMMISSIONER  SHALL  PROMULGATE  ALL RULES AND REGULATIONS TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.