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This entry was published on 2014-09-22
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SECTION 396-KK
Sale of video game consoles
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-kk. Sale of video game consoles. 1. For purposes of this
section:

(a) "Video game" means an interactive electronic amusement device,
disk, cartridge or other object that utilizes a computer, microprocessor
or similar electronic circuitry and its own monitor, a television set or
a computer monitor, and such device or object is designed to allow a
person to manipulate the images presented by such device or object.

(b) "Video game console" means an interactive electronic amusement
device that uses a dedicated computer, microprocessor or similar
electronic circuitry and its own monitor, a television set or a computer
monitor to enable a person to interact with a video game. Such terms
shall not include a personal computer, nor shall they include a handheld
device in which such entire device, including the viewing screen, is
designed to be held in one's hand.

2. Every new video game console sold at retail in this state shall
include a mechanism, device or control system that allows an owner,
through the use of a personal identification number, password or similar
technology, to prevent the display on such video game console of video
games, or portions thereof, containing certain content or having certain
ratings, as such term is defined in subdivision two of section six
hundred eleven of this chapter.

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 such court or justice, enjoining and
restraining any further violation, 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 five hundred dollars for a single violation and not more than fifty
thousand dollars for multiple violations resulting from a single act or
incident. 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.