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This entry was published on 2014-09-22
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SECTION 396-CC*2
Senior citizen discounts
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 396-cc. Senior citizen discounts. 1. Except as provided pursuant
to subdivision two of this section, any person, firm, partnership,
corporation, or association, or agent or employee thereof, which offers,
in the regular course of business, an established senior citizen price
discount on any merchandise, commodity, or service, may not discontinue
or disallow such established senior citizen discount on any merchandise,
commodity, or service that has been separately discounted for the
general populace; but rather, any separately discounted merchandise,
commodity, or service must be offered in addition to, and not in lieu
of, the established senior citizen discount.

2. Any person, firm, partnership, corporation, or association, or
agent or employee thereof, may discontinue or disallow a senior citizen
discount on any merchandise, commodity, or service that has been
separately discounted for the general populace, provided that: (a) any
advertisements which promote the discounted price of such merchandise,
commodity, or service disclose that "no other discounts shall apply" or
"this discount may not be combined with any other offer" or words of
like import; or (b) such person, firm, partnership, corporation, or
association offering an established senior citizen discount program
notifies holders at the time of application for such program of
limitations or restrictions on the usage of such established discount
program; or (c) such person, firm, partnership, corporation, or
association notifies the general public of the disallowance or
discontinuance of such senior citizen discount by conspicuously posting:
(i) a sign in close proximity to the item or items themselves; or (ii) a
sign affixed to the cash register or point of sale; or (iii) a sign so
situated as to be clearly visible to the buyer from the cash register or
point of sale.

3. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction by a special
proceeding to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of such
violation; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this section, an
injunction may be issued by the court or justice, enjoining and
restraining any further violations, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than one hundred dollars. In connection with any such proposed
application, the attorney general is authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.

* NB There are 2 § 396-cc's