Legislation

* § 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
instrument 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,
product or commodity of any kind or class produced, distributed or
offered for retail sale for consumption by individuals, or for personal,
household 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.

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
establishment 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 transaction 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
transactions 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
conspicuous 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.

* NB Effective March 21, 2026