S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7929--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 15, 2025
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, FALL, RIVERA, LUNSFORD, MEEKS, FORREST,
   JACKSON, CLARK, GONZALEZ-ROJAS, EPSTEIN, ZINERMAN,  GALLAGHER,  ROSEN-
   THAL  --  read  once and referred to the Committee on Consumer Affairs
   and  Protection  --  committee  discharged,  bill   amended,   ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the general business law, in relation to prohibiting
   food stores and 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)  "CASH"  MEANS UNITED STATES COINS AND CURRENCY, INCLUDING FEDERAL
 RESERVE NOTES. CASH DOES NOT INCLUDE FOREIGN CURRENCY; ANY PAPER INSTRU-
 MENT OTHER THAN A FEDERAL RESERVE NOTE, INCLUDING, BUT NOT  LIMITED  TO,
 ANY CHECK, BOND, OR PROMISSORY NOTE; OR ANY FOREIGN METAL COIN.
   (II)  "CONSUMER COMMODITY" MEANS ANY ARTICLE, GOOD, MERCHANDISE, PROD-
 UCT OR COMMODITY OF ANY KIND OR CLASS PRODUCED, DISTRIBUTED  OR  OFFERED
 FOR  RETAIL SALE FOR CONSUMPTION BY INDIVIDUALS, OR FOR PERSONAL, HOUSE-
 HOLD OR FAMILY PURPOSES.
   (III) "FOOD STORE" MEANS AN ESTABLISHMENT WHICH GIVES  OR  OFFERS  FOR
 SALE  FOOD  OR  BEVERAGES TO THE PUBLIC FOR CONSUMPTION OR USE ON OR OFF
 THE PREMISES, OR ON OR OFF A PUSHCART, STAND OR VEHICLE.
   (IV) "RETAIL ESTABLISHMENT" MEANS AN  ESTABLISHMENT  WHEREIN  CONSUMER
 COMMODITIES  ARE  SOLD, DISPLAYED OR OFFERED FOR SALE, OR WHERE SERVICES
 ARE PROVIDED TO CONSUMERS AT RETAIL. THIS DEFINITION  DOES  NOT  INCLUDE
 BANKS OR TRUST COMPANIES AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE
 BANKING LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00727-02-5
 A. 7929--A                          2
              

 
   B.  IT SHALL BE UNLAWFUL FOR A FOOD STORE OR A RETAIL ESTABLISHMENT TO
 REFUSE TO ACCEPT PAYMENT IN CASH FROM CONSUMERS, PROVIDED THAT SUCH FOOD
 STORE OR RETAIL ESTABLISHMENT MAY REFUSE TO ACCEPT PAYMENT:
   (I) IN CASH BILLS DENOMINATED ABOVE TWENTY DOLLARS; OR
   (II)  IN  CASH FOR ANY TELEPHONE, MAIL, OR INTERNET-BASED TRANSACTION,
 UNLESS THE PAYMENT FOR SUCH TRANSACTION TAKES PLACE ON THE  PREMISES  OF
 SUCH FOOD STORE OR RETAIL ESTABLISHMENT.
   C.  NO  FOOD STORE OR RETAIL ESTABLISHMENT SHALL CHARGE A HIGHER PRICE
 FOR THE SAME CONSUMER COMMODITY TO A CONSUMER WHO PAYS IN CASH THAN TO A
 CONSUMER WHO PAYS FOR SUCH COMMODITY THROUGH A CASH-LESS TRANSACTION.
   D. A FOOD STORE OR RETAIL ESTABLISHMENT THAT VIOLATES THIS SECTION  IS
 LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR THE
 FIRST  VIOLATION  AND A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE
 HUNDRED DOLLARS FOR EACH SUCCEEDING VIOLATION.
   E. (I) THIS SECTION SHALL NOT APPLY TO A FOOD STORE OR  RETAIL  ESTAB-
 LISHMENT  THAT PROVIDES A DEVICE ON PREMISES THAT CONVERTS CASH, WITHOUT
 CHARGING A FEE OR REQUIRING A MINIMUM DEPOSIT AMOUNT  GREATER  THAN  ONE
 DOLLAR,  INTO A PREPAID CARD THAT ALLOWS A CONSUMER TO COMPLETE A TRANS-
 ACTION AT SUCH FOOD STORE OR RETAIL ESTABLISHMENT.
   (II) UPON REQUEST, SUCH DEVICE SHALL  PROVIDE  EACH  CONSUMER  WITH  A
 RECEIPT  INDICATING  THE AMOUNT OF CASH SUCH CONSUMER DEPOSITED ONTO THE
 PREPAID CARD.
   (III) CASH DEPOSITS ONTO SUCH A PREPAID CARD SHALL NOT BE  SUBJECT  TO
 AN  EXPIRATION  DATE AND THERE SHALL BE NO LIMIT ON THE NUMBER OF TRANS-
 ACTIONS THAT MAY BE COMPLETED ON SUCH PREPAID CARD.
   (IV) IN THE EVENT THAT SUCH DEVICE MALFUNCTIONS,  THE  FOOD  STORE  OR
 RETAIL  ESTABLISHMENT  WHERE SUCH DEVICE IS LOCATED SHALL ACCEPT PAYMENT
 IN CASH FROM CONSUMERS THROUGHOUT THE TIME PERIOD IN WHICH  SUCH  DEVICE
 DOES  NOT  FUNCTION  IN  ACCORDANCE WITH THE STANDARDS SET FORTH IN THIS
 SECTION.  SUCH FOOD STORE OR RETAIL ESTABLISHMENT SHALL PLACE A CONSPIC-
 UOUS SIGN ON OR IMMEDIATELY ADJACENT TO SUCH DEVICE INDICATING THAT SUCH
 FOOD STORE OR RETAIL ESTABLISHMENT IS REQUIRED BY LAW TO ACCEPT CASH  IF
 SUCH DEVICE MALFUNCTIONS, AND THAT CONSUMERS MAY REPORT ANY VIOLATION TO
 THE  DEPARTMENT OF STATE DIVISION OF CONSUMER PROTECTION. THE DEPARTMENT
 OF STATE MAY ESTABLISH BY RULE ADDITIONAL REQUIREMENTS RELATING TO  SUCH
 SIGNS AND THE DISPLAY OF SUCH SIGNS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.