{ "success" : true, "message" : "The document structure for GBS law", "responseType" : "law-tree", "result" : { "lawVersion" : { "lawId" : "GBS", "activeDate" : "2021-07-09" }, "info" : { "lawId" : "GBS", "name" : "General Business", "lawType" : "CONSOLIDATED", "chapter" : "20" }, "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-10-24", "2014-11-28", "2014-12-05", "2014-12-26", "2015-01-02", "2015-01-16", "2015-02-06", "2015-02-27", "2015-03-27", "2015-05-22", "2015-06-26", "2015-07-03", "2015-07-24", "2015-07-31", "2015-08-21", "2015-10-30", "2015-11-06", "2015-12-18", "2016-01-01", "2016-03-11", "2016-03-18", "2016-04-15", "2016-06-17", "2016-08-19", "2016-08-26", "2016-09-09", "2016-09-30", "2016-10-07", "2016-11-11", "2016-11-18", "2016-12-02", "2016-12-30", "2017-01-06", "2017-03-17", "2017-08-18", "2017-08-25", "2017-10-27", "2017-11-17", "2017-12-01", "2017-12-22", "2018-04-20", "2018-04-27", "2018-06-01", "2018-06-22", "2018-07-06", "2018-07-13", "2018-08-17", "2018-08-31", "2018-09-28", "2018-10-05", "2018-10-19", "2018-11-09", "2018-11-16", "2018-11-30", "2019-01-04", "2019-01-11", "2019-01-18", "2019-03-29", "2019-04-05", "2019-05-03", "2019-05-10", "2019-06-28", "2019-07-05", "2019-07-19", "2019-08-02", "2019-08-16", "2019-08-30", "2019-09-13", "2019-09-20", "2019-09-27", "2019-10-04", "2019-10-18", "2019-11-01", "2019-11-15", "2019-11-22", "2019-11-29", "2019-12-06", "2019-12-20", "2019-12-27", "2020-03-06", "2020-03-13", "2020-03-20", "2020-03-27", "2020-04-10", "2020-04-17", "2020-04-24", "2020-05-01", "2020-05-29", "2020-06-12", "2020-06-19", "2020-07-03", "2020-10-02", "2020-10-16", "2020-11-13", "2021-02-12", "2021-02-19", "2021-04-02", "2021-04-09", "2021-04-23", "2021-05-14", "2021-05-21", "2021-06-04", "2021-06-11", "2021-07-09", "2021-07-16", "2021-08-13", "2021-09-10", "2021-09-24", "2021-10-15", "2021-10-22", "2021-10-29", "2021-11-12", "2021-11-19", "2021-12-03", "2021-12-17", "2021-12-24", "2021-12-31", "2022-01-07", "2022-01-28", "2022-03-04", "2022-03-11", "2022-03-25", "2022-04-08", "2022-04-22", "2022-05-13", "2022-06-10", "2022-06-17", "2022-06-24", "2022-07-08", "2022-07-22", "2022-08-19", "2022-09-02", "2022-09-23", "2022-10-21", "2022-11-18", "2022-12-02", "2022-12-09", "2022-12-16", "2022-12-23", "2022-12-30", "2023-01-06", "2023-01-13", "2023-01-20", "2023-02-03", "2023-03-10", "2023-03-17", "2023-04-07", "2023-04-14", "2023-05-12", "2023-05-26", "2023-06-09", "2023-06-23", "2023-07-07", "2023-07-21", "2023-08-25", "2023-09-15", "2023-09-22", "2023-09-29", "2023-10-27", "2023-11-26", "2023-12-01", "2023-12-15", "2023-12-29", "2024-01-05", "2024-01-26", "2024-02-02", "2024-02-09", "2024-02-16", "2024-03-08", "2024-03-22", "2024-03-29", "2024-04-26", "2024-05-03", "2024-06-14", "2024-06-21", "2024-06-28", "2024-07-05", "2024-07-19", "2024-08-30", "2024-09-20", "2024-10-04", "2024-10-11", "2024-10-25", "2024-11-29", "2024-12-06", "2024-12-13", "2024-12-20", "2024-12-27", "2025-01-10", "2025-01-17", "2025-02-21", "2025-02-28", "2025-03-07", "2025-03-28", "2025-04-04", "2025-05-16", "2025-05-23", "2025-05-30", "2025-06-13", "2025-06-27", "2025-07-04", "2025-07-11", "2025-08-01", "2025-08-08", "2025-08-22", "2025-08-29", "2025-10-17", "2025-11-07", "2025-11-14", "2025-11-28", "2025-12-12", "2025-12-19", "2025-12-26", "2026-01-09", "2026-01-23", "2026-01-30", "2026-02-20", "2026-02-27", "2026-03-13", "2026-03-20", "2026-03-27", "2026-04-03", "2026-04-24", "2026-05-08", "2026-05-15", "2026-05-29", "2026-06-12", "2026-06-19" ], "documents" : { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "-CH20", "title" : "General Business", "docType" : "CHAPTER", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-04-15", "2018-04-20", "2018-04-27", "2019-09-20", "2019-12-27", "2020-04-17", "2020-04-24", "2020-10-16", "2020-11-13", "2021-04-23", "2021-07-09", "2021-10-15", "2021-12-17", "2021-12-31", "2022-03-04", "2022-06-10", "2023-10-27", "2024-02-09", "2024-03-08", "2024-06-28", "2024-07-19", "2024-10-11", "2024-11-29", "2024-12-27", "2025-02-21", "2025-05-16", "2025-06-13", "2025-12-19", "2025-12-26", "2026-02-27", "2026-03-20", "2026-04-03", "2026-05-29" ], "docLevelId" : "20", "activeDate" : "2021-07-09", "sequenceNo" : 1, "repealedDate" : null, "fromSection" : "1", "toSection" : "1601", "text" : " GENERAL BUSINESS LAW\\n Laws 1909, Chap. 25.\\nAN ACT relating to general business, constituting chapter twenty of the\\n consolidated laws.\\n Became a law February 17, 1909, with the approval of the Governor.\\n Passed, three-fifths being present.\\n The People of the State of New York, represented in Senate and\\n Assembly, do enact as follows:\\n CHAPTER 20 OF THE CONSOLIDATED LAWS\\n GENERAL BUSINESS LAW\\n Article 1. Short title (§ 1).\\n 2. Sabbath (§ 2-17).\\n 3. Auctions and auctioneers (§§ 21-28).\\n 4. Peddlers (§§ 32--35-a).\\n 4-A. Itinerant vendors (§§ 37-39).\\n 5. Collateral loan brokers (§§ 40-55).\\n 5-A. Commercial installment sales (§ 56).\\n 6. Junk dealers (§§ 60-64).\\n 6-A. Convict made goods (§ 69).\\n 6-B. Sale of goods produced with child labor\\n (§§ 69-a--69-d).\\n 6-C. Scrap processors (§§ 69-e--69-h).\\n 6-D. Business of installing security or fire alarm systems\\n (§§ 69-l--69-z).\\n 7. Private investigators, bail enforcement agents and\\n watch, guard and patrol agencies (§§ 70--89-a).\\n 7-A. Security guard act (§§ 89-e--89-w).\\n 8. Process servers (§§ 89-t--89-v).\\n 8-A. Process servers and process serving agencies in cities\\n having a population of one million or more\\n (§§ 89-bb--89-ll).\\n 8-B. Licensing of armored car carriers (§§ 89-aaa--89-nnn).\\n 8-C. Training and registration of armored car guards\\n (§§ 89-ooo--89-zzz).\\n 9. Bills of lading, warehouse receipts, other receipts\\n and vouchers (§§ 90-111).\\n 9-A. Passage tickets (§§ 115-127).\\n 9-B. Use of names and symbols (§§ 130-143).\\n 9-C. Cyber piracy protections; domain names (§§ 146-149).\\n 10. Shooting ranges (§ 150).\\n 10-A. Truth in travel act (§§ 155--159-a).\\n 10-B. Transmission of money to foreign countries\\n (§§ 160-166).\\n 11. Employment agencies (§§ 170-194).\\n 11-A. Motor vehicle manufacturers (§§ 198-a--199).\\n 11-B. Franchises for the sale of motor fuels\\n (§§ 199-a--199-n).\\n 12. Hotels and boarding houses (§§ 200--209-g).\\n 12-B. Mercantile establishments (§§ 217--218-aa).\\n 12-C. Trampoline park safety (§§ 220-228).\\n 13. Silver, gold and diamonds (§§ 229-a--229-j).\\n 13-A. Platinum stamping (§§ 230-238).\\n 13-B. Appraisers of jewelry, works of art, watches and\\n objects made from or containing precious stones or\\n metals (§§ 239--239-c).\\n 14. Aircraft (§§ 240--251-c).\\n 15. Specious cash sales (§§ 252-255).\\n 16. Ice (§§ 260-265).\\n 17. Milk cans (§§ 270-274).\\n 17-A. Filing of names, marks and devices used on certain\\n vessels, receptacles and utensils (§§ 275--279-i).\\n 18. Freight and baggage (§§ 280-287).\\n 19. Oil and distilled spirits (§§ 300-308).\\n 20. Gas (§§ 320-323).\\n 20-A. Petroleum well casings and pipes (§§ 324-327).\\n 21. Publications (§§ 330-337).\\n 21-A. Fraudulent transactions in securities (§§ 339--339-f).\\n 22. Monopolies (§§ 340-347-a).\\n 22-A. Consumer protection from deceptive acts and practices\\n (§§ 349--350-f-1).\\n 22-B. Water treatment units (§§ 350-g--350-i).\\n 23. Bucket shops (§§ 351--351-e).\\n 23-A. Fraudulent practices in respect to stocks, bonds and\\n other securities (§§ 352--359-h).\\n 23-B. Transactions with or by fiduciaries (§§ 359-i--359-l).\\n 24. Trademarks (§§ 360--360-r).\\n 24-A. Fair trade law (§§ 369-a--369-eee).\\n 24-C. Tax Preparers (§§ 371-373).\\n 25. Fair credit reporting act (§§ 380--380-v).\\n 25-A. Articles of bedding (§§ 383--389-c).\\n 25-B. Use of safety glazing materials (§§ 389-m--389-r).\\n 26. Miscellaneous (§§ 390--399-zzzzz).\\n 27. Licensing of nail specialty, natural hair styling,\\n esthetics and cosmetology (§§ 400-417).\\n 27-A. Licensing of coin processors (§§ 418-429).\\n 28. Practice of barbering (§§ 430-447).\\n 28-A. Cemetery property and funeral services (§§\\n 450--454-a).\\n 28-B. Budget planning (§§ 455-457).\\n 28-BB. Credit services business (§§ 458-a--458-k).\\n 28-C. Immigrant assistance services (§§ 460-a--460-k).\\n 28-D. Lasers, radiation, crane operators and blasters\\n (§§ 480-486).\\n 28-E. Children's product safety and recall effectiveness act\\n of 2008 (§§ 490--490-h).\\n 28-F. Crohn's and colitis fairness act (§§ 491-494).\\n 29. Manufacture, sale and introduction or movement in\\n commerce of flammable wearing apparel, fabrics,\\n related material and interior furnishings prohibited\\n (§§ 500-509).\\n 29-A. Unauthorized or improper use of credit cards and debit\\n cards (§§ 511--520-d)\\n 29-AAA. Credit card registration services (§§ 521--521-f).\\n 29-B. Prohibited credit card practices involving providers\\n of travel services (§§ 523-526).\\n 29-BB. Prohibited service offer practices (§§ 527-527-a).\\n 29-C. Radio and television tubes (§§ 532-537).\\n 29-CC Modem hijacking deterrence act (§§ 538--538-b).\\n 29-D. Notes given for patent rights and for a speculative\\n consideration (§§ 550-554).\\n 29-E. Trading stamps (§§ 570-579).\\n 29-F. Going out of business sales (§§ 580-596).\\n 29-G. Receipts for personal property (§§ 597-598).\\n 29-GG. Sale of traffic control devices (§§ 599--599-e).\\n 29-H. Debt collection procedures (§§ 600-603).\\n 29-HH. Debt collection procedures related to identity theft\\n (§§ 604--604-b).\\n 29-I. The Storage of Household Goods (§§ 605-610).\\n 29-J. Film Rating Labeling (§§ 611-612).\\n 29-K. Motor Vehicle Parts Warranty (§§ 616-619).\\n 30. Health club services (§§ 620-631).\\n 30-A. Home-use medical diagnostic device marketing practices\\n (§ 640).\\n 31. Membership campgrounds (§§ 650-660).\\n 32. Video consumer privacy act (§§ 670-675)\\n 32*. Wheelchair warranties (§ 670*2)\\n 33. Franchises (§§ 680-695).\\n 33-A. Dealer agreements for the sale of farm equipment\\n (§§ 696-a--696-i).\\n 33-B. Express consumer warranty on farm equipment\\n (§§ 697--697-d).\\n 34. Creditor billing errors (§§ 701-707).\\n 34-A. Consumer credit balances (§§ 710-716).\\n 34-B. Annual credit interest statements (§§ 717-719).\\n 35. Warranties on mobile homes (§§ 720-724).\\n 35-A. Aftermarket rustproofing warranties of new motor\\n vehicles (§§ 730-735).\\n 35-B. Automobile broker business (§§ 736-744).\\n 35-C. Operation of pet cemeteries and pet crematoriums\\n (§§ 750--750-w).\\n 35-D. Sale of dogs and cats (§§ 751-755).\\n 35-E. Construction contracts (§§ 756-758).\\n 35-F. Fire sprinkler information (§§ 759--759-a).\\n 36. Protection of underground facilities (§§ 760-767).\\n 36-A. Home improvement contracts (§§ 770-776).\\n 36-B. Warranties on sales of new homes (§§ 777--777-b).\\n 36-C. Down payments in the purchase and sale of residential\\n real estate (§§ 778--778-a).\\n 36-D. Home heating system conversion (§ 778-aa).\\n 37. Deposits on construction of new homes (§§ 779-785).\\n 37-A. Registration of hearing aid dealers (§§ 788-805).\\n 38. Vessel dealer agreements (§§ 810-816).\\n 38-A. Sale of outdated over-the-counter drugs (§§ 820-821).\\n 39. Drug-related paraphernalia (§§ 850-853).\\n 39-A. Merchants of Torah scrolls (§§ 855-864).\\n 39-B. Imitation weapons (§§ 870-873).\\n 39-C. Imitation hypodermic instruments (§§ 880-882).\\n 39-D. Auto Equity Promoters (§§ 890-893).\\n 39-DD. Sale of firearms, rifles or shotguns at gun shows\\n (§§ 895-897).\\n 39-DDD. Private sale or disposal of firearms, rifles and\\n shotguns (§ 898).\\n 39-DDDD. Sale, manufacturing, importing and marketing of\\n firearms (§§ 898-a--898-e).\\n 39-E. Uniform Athlete Agents Act (§§ 899--899-p).\\n 39-F. Notification of unauthorized acquisition of private\\n information (§ 899-aa).\\n 39-G. Document destruction contractors\\n (§§ 899-aaa--899-bbb).\\n 41. Combative sports (§§ 1000-1022).\\n 43. New York state secure choice savings program\\n (§§ 1300-1316).\\n 44. Regulation of surrogacy programs and assisted\\n reproduction service providers (§§ 1400-1404).\\n 46. Laws repealed; when to take effect (§§ 1600-1601).\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A1", "title" : "Short Title", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 2, "repealedDate" : null, "fromSection" : "1", "toSection" : "1", "text" : " ARTICLE 1\\n SHORT TITLE\\nSection 1. Short title.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 3, "repealedDate" : null, "fromSection" : "1", "toSection" : "1", "text" : " § 1. Short title. This chapter shall be known as the \"General Business\\nLaw.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A2", "title" : "Sabbath", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-07-16" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 4, "repealedDate" : null, "fromSection" : "2", "toSection" : "17", "text" : " ARTICLE 2\\n SABBATH\\nSection 2. The Sabbath.\\n 3. Sabbath breaking.\\n 4. Punishment for Sabbath breaking.\\n 5. Labor prohibited on Sunday.\\n 6. Persons observing another day as a Sabbath.\\n 7. Public sports and exercises on Sunday.\\n 8. Trades, manufacturers, and mechanical employments prohibited\\n on Sunday.\\n 9. Public traffic on Sunday.\\n 10. Prosecutions for conducting business on Sunday by certain\\n persons.\\n 11. Serving civil process on Sunday.\\n 12. Forfeiture of commodities exposed for sale on Sunday.\\n 13. Maliciously serving process on Saturday on persons who keep\\n Saturday as holy time.\\n 14. Processions and parades on Sunday.\\n 16. Barbering on Sunday.\\n 17. Days of rest and recreation.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "2", "title" : "The Sabbath", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 5, "repealedDate" : null, "fromSection" : "2", "toSection" : "2", "text" : " § 2. The Sabbath. The first day of the week being by general consent\\nset apart for rest and religious uses, the law prohibits the doing on\\nthat day of certain acts hereinafter specified, which are serious\\ninterruptions of the repose and religious liberty of the community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "3", "title" : "Sabbath breaking", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 6, "repealedDate" : null, "fromSection" : "3", "toSection" : "3", "text" : " § 3. Sabbath breaking. A violation of the foregoing prohibition is\\nSabbath breaking.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "4", "title" : "Punishment for Sabbath breaking", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 7, "repealedDate" : null, "fromSection" : "4", "toSection" : "4", "text" : " § 4. Punishment for Sabbath breaking. Sabbath breaking is a\\nmisdemeanor, punishable by a fine of not less than five dollars and not\\nmore than ten dollars, or by imprisonment in a county jail not exceeding\\nfive days, or by both, but for a second or other offense, where the\\nparty shall have been previously convicted, it shall be punishable by a\\nfine not less than ten dollars and not more than twenty dollars or by\\nimprisonment in a county jail not less than five nor more than twenty\\ndays, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "5", "title" : "Labor prohibited on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 8, "repealedDate" : null, "fromSection" : "5", "toSection" : "5", "text" : " § 5. Labor prohibited on Sunday. All labor on Sunday is prohibited,\\nexcepting the works of necessity and charity. In works of necessity or\\ncharity is included whatever is needful during the day for the good\\norder, health or comfort of the community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "6", "title" : "Persons observing another day as a Sabbath", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 9, "repealedDate" : null, "fromSection" : "6", "toSection" : "6", "text" : " § 6. Persons observing another day as a Sabbath. It is a sufficient\\ndefense to a prosecution for work or labor on the first day of the week\\nthat the defendant uniformly keeps another day of the week as holy time,\\nand does not labor on that day, and that the labor complained of was\\ndone in such manner as not to interrupt or disturb other persons\\nobserving the first day of the week as holy time.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "7", "title" : "Public sports and exercises on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 10, "repealedDate" : null, "fromSection" : "7", "toSection" : "7", "text" : " § 7. Public sports and exercises on Sunday. All public sports,\\nexercises or shows, except professional golf tournaments and games of\\nthe World University Games conducted in Erie, Genesee and Niagara\\ncounties in nineteen hundred ninety-three, upon the first day of the\\nweek, and all noise unreasonably disturbing the peace of the day are\\nprohibited, except as hereinafter provided.\\n Notwithstanding the provisions of this section, it shall be lawful to\\nconduct, witness, participate or engage in any form of public sports,\\nexercises or shows which are conducted or engaged in primarily for the\\nentertainment of spectators, not specifically prohibited by any\\nprovision of the law, on the first day of the week after five minutes\\npast one o'clock in the afternoon, to witness which the public is\\ninvited or an admission fee is charged, either directly or indirectly,\\nin a city, town or village as shall be permitted by local law or\\nordinance heretofore or hereafter adopted by the common council or other\\nlegislative body of the city, town or village permitting such public\\nsports, exercises or shows on such day and after such hour provided,\\nhowever, the failure of a city, town or village in which a municipally\\nowned stadium, arena or facility is located, to adopt such a local law\\nor ordinance shall not prohibit such public sports, exercises or shows\\nbeginning after five minutes past one o'clock in the afternoon on the\\nfirst day of the week in any such stadium, arena or facility.\\n Nothing herein contained shall be deemed to prohibit private sports,\\ngames or recreational activities which are engaged in primarily for the\\npersonal enjoyment, recreation and health of the participants, on the\\nfirst day of the week, conducted in a manner which does not constitute a\\nserious interruption of the repose or religious liberty of the\\ncommunity.\\n Notwithstanding any other provision of this section, it shall be\\nlawful for pari-mutuel facilities licensed in accordance with article\\ntwo of the racing, pari-mutuel wagering and breeding law to conduct or\\nengage in activities authorized under their licensure on the first day\\nof the week after twelve o'clock post meridian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "8", "title" : "Trades, manufactures, and mechanical employments prohibited on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 11, "repealedDate" : null, "fromSection" : "8", "toSection" : "8", "text" : " § 8. Trades, manufactures, and mechanical employments prohibited on\\nSunday. All trades, manufacturers, agricultural or mechanical\\nemployments upon the first day of the week are prohibited, except that\\nwhen the same are works of necessity they may be performed on that day\\nin their usual and orderly manner, so as not to interfere with the\\nrepose and religious liberty of the community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "9", "title" : "Public traffic on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9", "activeDate" : "2014-09-22", "sequenceNo" : 12, "repealedDate" : null, "fromSection" : "9", "toSection" : "9", "text" : " § 9. Public traffic on Sunday. All manner of public selling or\\noffering for sale of any property upon Sunday is prohibited, except as\\nfollows: 1. Articles of food may be sold, served, supplied and delivered\\nat any time before ten o'clock in the morning:\\n 2. Meals may be sold to be eaten on the premises where sold at any\\ntime of the day;\\n 3. Caterers may serve meals to their patrons at any time of the day;\\n 4. Prepared tobacco, bread, milk, eggs, ice, soda-water, fruit,\\nflowers, confectionery, souvenirs, items of art and antiques,\\nnewspapers, magazines, gasoline, oil, tires, cemetery monuments, drugs,\\nmedicine and surgical instruments may be sold and delivered at any time\\nof the day.\\n 5. Grocers, delicatessen dealers and bakeries may sell, supply, serve\\nand deliver cooked and prepared foods, between the hours of four o'clock\\nin the afternoon and half-past seven o'clock in the evening, in addition\\nto the time provided for in subdivision one hereof, and, elsewhere than\\nin cities and villages having a population of forty thousand or more,\\ndelicatessen dealers, bakeries and farmers' markets or roadside stands\\nselling fresh vegetables and other farm produce, and fishing tackle and\\nbait stores may sell, supply, serve and deliver merchandise usually sold\\nby them, at any time of the day.\\n 6. Persons, firms or corporations holding licenses and/or permits\\nissued under the provisions of the alcoholic beverage control law\\npermitting the sale of beer at retail, may sell such beverages at retail\\non Sunday before three antemeridian and after twelve noon for\\noff-premises consumption to persons making purchases at the licensed\\npremises to be taken by them from the licensed premises.\\n 7. Sale at public auction of thoroughbred, standardbred and quarter\\nhorse racehorses.\\n The provisions of this section, however, shall not be construed to\\nallow or permit the public sale or exposing for sale or delivery of\\nuncooked flesh foods or meats, fresh or salt, at any hour or time of the\\nday. Delicatessen dealers shall not be considered as caterers within\\nsubdivision three hereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "10", "title" : "Prosecutions for conducting business on Sunday by certain persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 13, "repealedDate" : null, "fromSection" : "10", "toSection" : "10", "text" : " § 10. Prosecutions for conducting business on Sunday by certain\\npersons.\\n Notwithstanding any other provision of law, it shall be a sufficient\\ndefense to a prosecution pursuant to this article, for conducting any\\ntrade or business or public selling or offering for sale of any property\\non Sunday, that the defendant\\n (1) as the proprietor of such business, uniformly keeps another day of\\nthe week as holy time and keeps his place of business closed on the\\nseventh day of the week,\\n (2) does not himself labor, employ others to labor in, by or with\\nanother conduct a trade or publicly sell or offer for sale any property\\non the day he keeps as holy time,\\n (3) conducts such labor, trade or business in its normal course on\\nSunday by himself and members of his immediate family, and\\n (4) so conducts such trade, public selling or offer to sell any\\nproperty on Sunday in such manner as not to disturb the religious\\nobservances of the community.\\n The term \"day of the week\" as used in this section shall mean and\\ninclude the period of time of not less than twenty-four consecutive\\nhours commencing at or before sundown on one day and terminating at or\\nafter sundown on the following day.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "11", "title" : "Serving civil process on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 14, "repealedDate" : null, "fromSection" : "11", "toSection" : "11", "text" : " § 11. Serving civil process on Sunday. All service or execution of\\nlegal process, of any kind whatever, on the first day of the week is\\nprohibited, except in criminal proceedings or where service or execution\\nis specially authorized by statute. Service or execution of any process\\nupon said day except as herein permitted is absolutely void for any and\\nevery purpose whatsoever.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "12", "title" : "Forfeiture of commodities exposed for sale on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 15, "repealedDate" : null, "fromSection" : "12", "toSection" : "12", "text" : " § 12. Forfeiture of commodities exposed for sale on Sunday. In\\naddition to the penalty imposed by section four, all property and\\ncommodities exposed for sale on the first day of the week in violation\\nof the provisions of this article shall be forfeited. Upon conviction of\\nthe offender by a justice of the peace of a county, or by any police\\njustice or magistrate, such officer shall issue a warrant for the\\nseizure of the forfeited articles, which, when seized, shall be sold on\\none day's notice, and the proceeds paid to the overseers of the poor,\\nfor the use of the poor of the town or city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "13", "title" : "Maliciously serving process on Saturday on person who keeps Saturday as holy time", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 16, "repealedDate" : null, "fromSection" : "13", "toSection" : "13", "text" : " § 13. Maliciously serving process on Saturday on person who keeps\\nSaturday as holy time. Whoever maliciously procures any process in a\\ncivil action to be served on Saturday, upon any person who keeps\\nSaturday as holy time, and does not labor on that day, or serves upon\\nhim any process returnable on that day, or maliciously procures any\\ncivil action to which such person is a party to be adjourned to that day\\nfor trial, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "14", "title" : "Processions and parades on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 17, "repealedDate" : null, "fromSection" : "14", "toSection" : "14", "text" : " § 14. Processions and parades on Sunday. 1. All processions and\\nparades on Sunday in any city, excepting only funeral processions for\\nthe actual burial of the dead, and processions to and from a place of\\nworship in connection with a religious service there celebrated, are\\nforbidden; and in such excepted cases there shall be no music,\\nfireworks, discharge of cannon or firearms, or other disturbing noise.\\nAt a military funeral, or at the funeral of a United States soldier,\\nsailor or marine, or of a national guardsman, or of a deceased member of\\nan association of veteran soldiers, sailors or marines, or of a\\ndisbanded militia regiment, or of a secret fraternal society, or of an\\nassociation of employees of the national, state, or municipal\\ngovernments, music may be played while escorting the body; also in\\npatriotic military processions on Sunday previous to Decoration day,\\nknown as memorial Sunday, to cemeteries or other places where memorial\\nservices are held, and also by organizations of the national guard or\\nnaval militia or of an association of employees of the national, state,\\nor municipal governments, attending religious service on Sunday; but in\\nno case within one block of a place of worship where service is then\\nbeing celebrated. Music may also be played in any procession conducted\\nby a religious organization or society in connection with a religious\\nservice or religious rally after one o'clock noon on Sunday.\\n 2. Notwithstanding the provisions of this section, it shall be lawful\\nto conduct, witness, participate or engage in processions or parades and\\nto play music in any such procession or parade on Sunday after two\\no'clock in the afternoon, in a city, town or village, as shall be\\npermitted by a local law or ordinance heretofore or hereafter adopted by\\nthe common council or other legislative body of a city, town or village\\npermitting such processions and parades on such day and after such hour.\\n 3. This section shall not apply to a city with a population of one\\nmillion or more; provided, however, that if a parade or procession is\\nheld in such city on Sunday before two o'clock in the afternoon there\\nshall be no music, fireworks, discharge of cannon or firearms, or other\\ndisturbing noise in relation thereto within one hundred and fifty feet\\nof a place of worship.\\n 4. A person wilfully violating any provision of this section is\\npunishable by a fine not exceeding twenty dollars or imprisonment not\\nexceeding ten days, or by both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "16", "title" : "Barbering on Sunday", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 18, "repealedDate" : null, "fromSection" : "16", "toSection" : "16", "text" : " § 16. Barbering on Sunday. Any person who carries on or engages in\\nthe business of shaving, hair cutting or other work of a barber on the\\nfirst day of the week, shall be deemed guilty of a misdemeanor, and upon\\nconviction thereof shall be fined not more than five dollars; and upon a\\nsecond conviction for a like offense shall be fined not less than ten\\ndollars and not more than twenty-five dollars, or be imprisoned in the\\ncounty jail for a period of not less than ten days, nor more than\\ntwenty-five days, or be punishable by both such fine and such\\nimprisonment at the discretion of the court of magistrate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "17", "title" : "Days of rest and recreation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "17", "activeDate" : "2014-09-22", "sequenceNo" : 19, "repealedDate" : null, "fromSection" : "17", "toSection" : "17", "text" : " § 17. Days of rest and recreation. a. One day a week may be set aside\\nfor rest and recreation.\\n b. A day of rest and recreation may be determined by the owners of a\\nbusiness or commercial enterprise, which shall include a sole\\nproprietorship, partnership or corporation.\\n c. A retail merchants association or organization shall not have the\\nright to determine a day of rest and recreation for any of its members.\\n d. Any person, corporation or association who knowingly attempts to\\nforce or coerce an owner or manager of a business to make a\\ndetermination in violation of this section shall be fined not less than\\ntwo hundred fifty dollars and not more than five hundred dollars and for\\na second or other offense, where the party shall have been previously\\nconvicted thereof, it shall be punishable by a fine of not less than one\\nthousand dollars and not more than two thousand dollars.\\n e. No provision of this section shall be construed to prohibit any\\nowner from doing business seven days a week, where any other general,\\nspecial or local law, rule or regulation does not specifically prohibit\\nsuch activity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A3", "title" : "Auctions and Auctioneers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 20, "repealedDate" : null, "fromSection" : "21", "toSection" : "28", "text" : " ARTICLE 3\\n AUCTIONS AND AUCTIONEERS\\nSection 21. Commissions; penalty.\\n 22. Power of common council of cities.\\n 23. Automobile auctioneer.\\n 24. Mock auction.\\n 25. Records to be kept by auctioneers.\\n 26. Record open to inspection.\\n 27. Penalties.\\n 28. Limitation.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "21", "title" : "Commissions; penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "21", "activeDate" : "2014-09-22", "sequenceNo" : 21, "repealedDate" : null, "fromSection" : "21", "toSection" : "21", "text" : " § 21. Commissions; penalty. An auctioneer in any county, other than\\nNew York or Kings, shall not, without a previous agreement in writing,\\nwith the owner or consignee of the goods sold, demand or receive a\\ngreater compensation for his services than a commission of two and\\none-half per centum on the amount of any sale, public or private, made\\nby him. For a violation of this section he shall refund the moneys\\nillegally received and forfeit two hundred and fifty dollars to each\\nperson from whom he demands or receives an unlawful compensation or\\ncommission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "22", "title" : "Power of common council of cities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "22", "activeDate" : "2014-09-22", "sequenceNo" : 22, "repealedDate" : null, "fromSection" : "22", "toSection" : "22", "text" : " § 22. Power of common council of cities. Except as otherwise provided\\nin the charter of the city, the common council of a city may designate\\nsuch place within such city for the sale by auction of horses, carriages\\nand household furniture, as it deems expedient.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "23", "title" : "Automobile auctioneer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "23", "activeDate" : "2014-09-22", "sequenceNo" : 23, "repealedDate" : null, "fromSection" : "23", "toSection" : "23", "text" : " § 23. Automobile auctioneer. 1. Definitions. The term \"automobile\\nauctioneer\" as used in this section means any person, not claiming title\\nin himself, who sells or offers for retail sale more than five motor\\nvehicles, motorcycles or trailers in any calendar year, or who displays\\nor permits the display of three or more motor vehicles, motorcycles or\\ntrailers for retail sale in any one calendar month upon premises owned\\nor controlled by him.\\n 2. Title. An automobile auctioneer shall not sell a motor vehicle\\nunless he has in his possession the currently valid certificate of title\\nto that motor vehicle, or, if a certificate of title is not required,\\nthen he shall have in his possession the appropriate proof of ownership\\nfor such motor vehicle. Title or proof of ownership shall be delivered\\nto the purchaser immediately upon acceptance of tender of payment.\\n 2-a. Sale of vehicles. a. An automobile auctioneer shall not sell or\\noffer for sale a motor vehicle unless such auctioneer is a dealer\\nregistered pursuant to article sixteen of the vehicle and traffic law.\\n b. Except as otherwise permitted by law, an automobile auctioneer\\nshall not sell or offer for sale a motor vehicle on a sale basis of \"as\\nis\" or \"with all faults\", or by using words of similar import at or\\nprior to the time of sale.\\n 3. Disclosure. a. No motor vehicle shall be sold by an automobile\\nauctioneer unless he has disclosed the identity of the seller who is\\nactually transferring title or proof of ownership. Such disclosure of\\nthe seller's identity shall be made by the auctioneer (i) in a written\\ndisclosure made in not less than ten-point bold face type and appearing\\non the front of the sales contract, receipt, invoice, or other document\\nused in connection with the sale of the vehicle that shall set forth the\\nseller's true legal name, complete street address and dealer facility\\nidentification number and that shall be captioned \"Identity of Vehicle's\\nSeller\"; and (ii) by affixing a conspicuous sign to the windshield of\\neach vehicle offered for sale, sold or made available for inspection\\nprior to auction that shall disclose the seller's true legal name,\\ncomplete street address and dealer facility identification number.\\n b. No used motor vehicle subject to the provisions of section one\\nhundred ninety-eight-b of this chapter shall be sold or offered for sale\\nby an automobile auctioneer unless such auctioneer discloses the Used\\nCar Lemon Law Bill of Rights. Such disclosure shall be made in writing,\\nin not less than ten-point bold face type and appearing on the front of\\nthe sales contract, receipt, invoice, or other document used in\\nconnection with the sale of the vehicle, and shall be captioned \"Used\\nCar Lemon Law Bill of Rights\".\\n c. No motor vehicle subject to the provisions of section one hundred\\nninety-eight-a of this chapter shall be sold or offered for sale by an\\nautomobile auctioneer unless such auctioneer discloses the New Car Lemon\\nLaw Bill of Rights. Such disclosure shall be made in writing, in not\\nless than ten-point bold face type and appearing on the front of the\\nsales contract, receipt, invoice, or other document used in connection\\nwith the sale of the vehicle, and shall be captioned \"New Car Lemon Law\\nBill of Rights\".\\n d. No used motor vehicle shall be sold or offered for sale by an\\nautomobile auctioneer unless such auctioneer provides the following\\nnotice, in writing, in not less than ten-point bold face type and\\nappearing on the front of the sales contract, receipt, invoice or other\\ndocument used in connection with the sale of the vehicle:\\n CERTIFICATION NOTICE FOR USED CAR BUYERS\\n 1. NEW YORK STATE LAW REQUIRES A USED CAR DEALER TO\\n CERTIFY IN WRITING TO THE BUYER THAT THE VEHICLE, AT THE\\n TIME OF DELIVERY, IS IN CONDITION AND REPAIR TO RENDER,\\n UNDER NORMAL USE, SATISFACTORY AND ADEQUATE SERVICE\\n (VEHICLE AND TRAFFIC LAW SECTION 417-a).\\n 2. IF THE DEALER REFUSES TO HONOR ITS LEGAL DUTY,\\n COMPLAIN TO THE N.Y.S. DEPARTMENT OF MOTOR VEHICLES,\\n DIVISION OF VEHICLE SAFETY SERVICES, EMPIRE STATE PLAZA,\\n ALBANY, N.Y. 12228.\\n e. No used motor vehicle shall be sold or offered for sale by an\\nautomobile auctioneer, unless such auctioneer posts a conspicuous sign\\nat each entrance to the auction used by the public, and in a place so\\nsituated as to be clearly visible to bidders at the auction. Such sign\\nshall read as follows:\\n CERTIFICATION NOTICE FOR USED CAR BUYERS\\n 1. NEW YORK STATE LAW REQUIRES A USED CAR DEALER TO\\n CERTIFY IN WRITING TO THE BUYER THAT THE VEHICLE, AT THE\\n TIME OF DELIVERY, IS IN CONDITION AND REPAIR TO RENDER,\\n UNDER NORMAL USE, SATISFACTORY AND ADEQUATE SERVICE.\\n 2. IF THE DEALER REFUSES TO HONOR ITS LEGAL DUTY,\\n COMPLAIN TO THE N.Y.S. DEPARTMENT OF MOTOR VEHICLES,\\n DIVISION OF VEHICLE SAFETY SERVICES, EMPIRE STATE PLAZA,\\n ALBANY, N.Y. 12228.\\n 4. Warranties. a. Notwithstanding any provision of law to the\\ncontrary, in any contract of sale by an automobile auctioneer, there\\nshall be a warranty that:\\n (1) the title or proof of ownership conveyed shall be good, and its\\ntransfer rightful; and\\n (2) the goods shall be delivered free from any security interest or\\nother lien or encumbrance of which the buyer at the time of contracting\\nhas no knowledge.\\n b. Any waiver of the warranty provided for in paragraph a of this\\nsubdivision by a buyer shall be deemed contrary to public policy and\\nshall be void and unenforceable. Any attempt by an automobile auctioneer\\nto exclude or modify such warranties shall constitute a violation of\\nthis section.\\n 5. Documentation of transactions. In addition to the records required\\nto be kept by auctioneers pursuant to section twenty-five of this\\narticle, every sale by an automobile auctioneer shall be accompanied by\\nan itemized receipt which shall contain the following information:\\n a. legal name, and trade name if different, of the automobile\\nauctioneer;\\n b. address and telephone number of the automobile auctioneer;\\n c. name of the buyer;\\n d. make, year of manufacture, and identification number of said motor\\nvehicle;\\n e. the amount of money paid; and\\n f. the date of delivery.\\n 6. Certificate of prior use. a. Upon the sale or transfer of any\\npassenger motor vehicle to an automobile auctioneer any transferer shall\\nexecute and deliver to the auctioneer an instrument in writing which\\nshall set forth in nature of the principal prior use of such vehicle\\nwhen the automobile transferer knows or has reason to know that such use\\nwas as a taxicab, rental vehicle, police vehicle, or driver education\\nvehicle, or vehicle which has been repurchased pursuant to either\\nsection one hundred ninety-eight-a or one hundred ninety-eight-b of this\\nchapter, a similar statute of another state, or an arbitration or\\nalternative dispute procedure.\\n b. Upon the sale of any second-hand passenger motor vehicle, the\\nautomobile auctioneer shall execute and deliver to the buyer an\\ninstrument in writing which shall set forth the nature of the principal\\nprior use of such vehicle when the automobile auctioneer knows or has\\nreason to know that such use was as a taxicab, rental vehicle, police\\nvehicle, or driver education vehicle, or vehicle which has been\\nrepurchased pursuant to either section one hundred ninety-eight-a or one\\nhundred ninety-eight-b of this chapter, a similar statute of another\\nstate, or an arbitration or alternative dispute procedure.\\n 7. Fraudulent representation. No automobile auctioneer, sales person\\nemployed by such auctioneer, or agent or representative thereof selling\\nor offering for sale any motor vehicle, motorcycle, or trailer shall\\nmake or use any untrue or misleading representations nor engage,\\ndirectly or indirectly, in any act or practice or course of business\\nwhich operates or would operate as a fraud or deception upon any person.\\n 8. Exceptions. The provisions of this section shall not apply to an\\nauction or auctions at which only vehicles which are being sold pursuant\\nto repossession, or foreclosure of a lien, or by or on behalf of an\\nexecutor or administrator to settle an estate, or pursuant to a court\\norder, or an auction conducted by the federal government, or the state,\\nits agencies, bureaus, boards, commissions and authorities, or any\\npolitical subdivision of the state, or the agencies and authorities of\\nany such subdivision, or an auction at which only vehicles which are\\nbeing sold are owned by a regulated public utility or other business\\nwhich maintains a fleet of twenty-five or more vehicles used in the\\nordinary course of business and not purchased for the purpose of resale,\\nor at an auction conducted upon a farm in which the only vehicles being\\nsold, excluding farm equipment, are vehicles formerly utilized for day\\nto day farm business or personal use and such vehicles are not being\\nsold for the purpose of resale, or at an auction at which bids are\\naccepted only from registered motor vehicle dealers, registered vehicle\\ndismantlers or certified scrap processors. Vehicles sold at such an\\nauction shall not be included in determining the number of vehicles sold\\nat auction for the purpose of determining whether a person is an\\nauctioneer.\\n 9. Action by the attorney general. a. Upon any violation of this\\nsection, an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of the\\nviolation. If it shall appear to the satisfaction of the court or\\njustice that the defendant has violated this section, an injunction may\\nbe issued by the court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution.\\n b. Whenever the court shall determine that a violation of this section\\nhas occurred, it may impose a civil penalty of not more than one\\nthousand dollars for each violation. In connection with an application\\nmade under this subdivision, the attorney general is authorized to take\\nproof and to make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n 10. Additional remedies. In addition to the right of action granted to\\nthe attorney general pursuant to subdivision nine of this section, any\\nbuyer injured by a violation of this section may bring an action in his\\nown name to enjoin such unlawful practice, an action to recover his\\nactual damages or five hundred dollars, whichever is greater, or both\\nsuch actions. The court in its discretion may increase the award of\\ndamages to an amount not to exceed three times the actual damages. The\\ncourt may award costs and reasonable attorney's fees to a prevailing\\nplaintiff.\\n 11. Burden of proof. In any proceeding involving this section, the\\nburden of proving an exception or inapplicability for the definition of\\nautomobile auctioneer is upon the person claiming it.\\n 12. Severability clause. If any provision of this section or if any\\napplication thereof to any person or circumstance is held invalid, the\\nremainder of the section and the application of the provision to other\\npersons and circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "24", "title" : "Mock auction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24", "activeDate" : "2014-09-22", "sequenceNo" : 24, "repealedDate" : null, "fromSection" : "24", "toSection" : "24", "text" : " § 24. Mock auction. A person who buys or sells, or pretends to buy or\\nsell, any goods, wares, or merchandise, or any species of property\\nexcept ships, vessels, or real or leasehold estate, exposed for sale by\\nauction, if an actual sale, purchase, and change of ownership therein\\ndoes not thereupon take place, is guilty of a misdemeanor, punishable by\\nimprisonment for thirty days, or by fine not exceeding one hundred\\ndollars or both.\\n A person who obtains money or property from another, or obtains the\\nsignature of another to any writing, the false making of which would be\\nforgery, by means of any false or fraudulent sale of property or\\npretended property by auction, or by any of the practices known as mock\\nauctions, is guilty of a misdemeanor; and in addition thereto he\\nforfeits any license he may hold to act as an auctioneer, and is forever\\ndisqualified from receiving a license to act as an auctioneer in this\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "25", "title" : "Records to be kept by auctioneers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "25", "activeDate" : "2014-09-22", "sequenceNo" : 25, "repealedDate" : null, "fromSection" : "25", "toSection" : "25", "text" : " § 25. Records to be kept by auctioneers. Every auctioneer or person\\nengaged in the business of selling goods at auction, whether acting in\\nhis own behalf or as the officer, agent or representative of another,\\nshall, upon the receipt or acceptance by him of any goods for the\\npurpose of sale at auction, and before offering the same or any part\\nthereof for sale at auction, write or cause to be written in a book to\\nbe kept by him for the purpose, the name and address of the person who\\nemployed him to sell such goods at auction, the name and address of the\\nperson for whose benefit, behalf or account such goods are to be sold at\\nauction; the name and address of the person from whom such auctioneer\\nreceived or accepted such goods; the name and address of the person who\\nwas the owner, the authorized agent of the owner or the consignor of\\nsuch goods immediately prior to the receipt or acceptance for the\\npurpose of sale at auction of the same by such auctioneer; the location,\\nwith street and number, if any, of such goods immediately prior to the\\nreceipt or acceptance of the same by such auctioneer for the purpose of\\nsale at auction; the date of the receipt or acceptance by such\\nauctioneer of such goods for the purpose of sale at auction; the place,\\nwith street and number, if any, in which such goods are to be held, kept\\nor stored until sold or offered for sale at auction; the place, with\\nstreet and number, if any, in which such goods are to be sold or offered\\nfor sale at auction; a description of such goods, the quantity thereof\\nand the distinctive marks thereon, if any; the terms and conditions upon\\nwhich such auctioneer receives or accepts such goods for sale at\\nauction. The expression \"goods\" as used in this section signifies any\\ngoods, wares, works of art, commodity, compound or thing, chattels,\\nmerchandise or personal property which may be lawfully kept or offered\\nfor sale, but shall not include goods damaged at sea or by fire and sold\\nor to be sold for the benefit of the owners, insurers or for the account\\nof whom it may concern or goods sold by virtue of judicial decree. The\\nword \"person\" as used in this section includes a corporation,\\njoint-stock association or copartnership. Nothing herein shall apply to\\nthe sale of real property at auction. The foregoing records shall be in\\naddition to any other records required to be kept pursuant to the\\nuniform commercial code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "26", "title" : "Record open to inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "26", "activeDate" : "2014-09-22", "sequenceNo" : 26, "repealedDate" : null, "fromSection" : "26", "toSection" : "26", "text" : " § 26. Record open to inspection. The said book and the entries\\ntherein, made as provided by the preceding section, shall, at all\\nreasonable times, be open to the inspection of the mayor and the head of\\nthe police department of the city in which the auctioneer conducts his\\nbusiness, the district attorney of any county in which said city is\\nlocated or which is a part of such city, and any person who shall be\\nduly authorized in writing for that purpose by any or either of them and\\nwho shall exhibit such written authorization to such auctioneer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "27", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27", "activeDate" : "2014-09-22", "sequenceNo" : 27, "repealedDate" : null, "fromSection" : "27", "toSection" : "27", "text" : " § 27. Penalties. Any person who violates or does not comply with the\\nprovisions of section twenty-five hereof, or any auctioneer or person\\nengaged in the business of selling goods at auction who shall fail,\\nneglect or refuse to permit or allow an inspection as required by\\nsection twenty-six hereof of the book, which he is required to keep\\naccording to the provisions of section twenty-five hereof, shall be\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "28", "title" : "Limitation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28", "activeDate" : "2014-09-22", "sequenceNo" : 28, "repealedDate" : null, "fromSection" : "28", "toSection" : "28", "text" : " § 28. Limitation. Sections twenty-five, twenty-six and twenty-seven\\nhereof shall apply only to cities of the first class and do not repeal\\nor supersede the provisions of chapter thirty-two, title B, article\\ntwenty-one of the administrative code of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A4", "title" : "Peddlers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 29, "repealedDate" : null, "fromSection" : "32", "toSection" : "35-A", "text" : " ARTICLE 4\\n Peddlers\\nSection 32. Licenses to veterans of the armed forces of the United\\n States.\\n 33. Penalties.\\n 34. Arrest and conviction of offender.\\n 35. Municipal regulations.\\n 35-a. Veterans of the armed forces who vend in cities having a\\n population of one million or more.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "32", "title" : "Licenses to veterans of the armed forces of the United States", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "32", "activeDate" : "2020-11-13", "sequenceNo" : 30, "repealedDate" : null, "fromSection" : "32", "toSection" : "32", "text" : " § 32. Licenses to veterans of the armed forces of the United States.\\n1. Every member of the armed forces of the United States who (a) was\\nhonorably discharged from such service, or (b) has a qualifying\\ncondition, as defined in section three hundred fifty of the executive\\nlaw, and has received a discharge other than bad conduct or dishonorable\\nfrom such service, or (c) is a discharged LGBT veteran, as defined in\\nsection three hundred fifty of the executive law, and has received a\\ndischarge other than bad conduct or dishonorable from such service, and\\nwho is a resident of this state and a veteran of any war, or who shall\\nhave served in the armed forces of the United States overseas, and the\\nsurviving spouse of any such veteran, if a resident of the state, shall\\nhave the right to hawk, peddle, vend and sell goods, wares or\\nmerchandise or solicit trade upon the streets and highways within the\\ncounty of his or her residence, as the case may be, or if such county is\\nembraced wholly by a city, within such city, by procuring a license for\\nthat purpose to be issued as herein provided. No part of the lands or\\npremises under the jurisdiction of the division of the state fair in the\\ndepartment of agriculture and markets, shall be deemed a street or\\nhighway within the meaning of this section.\\n 2. Any such former member of the armed forces of the United States may\\npresent to the clerk of any county in which he has resided for a period\\nof at least six months, his original certificate of release or discharge\\nfrom active duty, or a copy thereof duly certified by the recording\\nofficer or a certificate in lieu of lost discharge issued by a\\ndepartment of the armed forces of the United States which shall show\\nthat the person presenting it is a veteran of any war, or that he has\\nserved overseas in the armed forces of the United States. He shall also\\nfill out a blank which shall when filled out state his name, residence\\nat the time of application, nature of goods to be sold, and if the\\napplicant is working on commission or percentage for any person, firm or\\ncorporation, the name and business address of such person, firm or\\ncorporation. This statement shall be signed by the applicant in the\\npresence of the county clerk, or a deputy designated by him, and the\\nname on this application and on the original certificate of release or\\ndischarge from active duty shall be compared by the county clerk to\\nascertain if the person so applying is the same person named in the\\noriginal certificate of release or discharge from active duty. Such\\ncounty clerk when so satisfied shall issue, without cost, to such former\\nmember of the armed forces of the United States, a license certifying\\nhim to be entitled to the benefits of this section.\\n 3. A copy of this statement shall be attached to the license granted\\nby the county clerk and shall remain attached thereto. On presentation\\nto such clerk of the affidavit of such surviving spouse and two other\\nresidents of the county, that he or she is such surviving spouse,\\naccompanied by such original certificate of release or discharge from\\nactive duty of his or her deceased spouse, and the filing of the\\nstatement hereinabove required, such county clerk shall issue, without\\ncost to the surviving spouse, a license certifying the surviving spouse\\nto be entitled to the benefits of this section.\\n 4. The license provided for by this section shall be used and valid\\nonly for use in the county in which it was issued, except that if issued\\nin a county embraced wholly by a city, it may be used within such city.\\n 5. The application for the license herein provided shall be\\naccompanied by a photograph of the applicant taken within thirty days\\nprior to such application and upon the issuance of such license shall be\\nattached thereto.\\n 6. A license issued without cost, under the provisions of this\\nsection, shall be personal to the licensee and any assignment or\\ntransfer thereof shall be absolutely void. Upon satisfactory proof by\\naffidavit of the loss or destruction of any license issued as herein\\nprovided, the county clerk shall issue a duplicate license for the one\\nso lost or destroyed and in which event the word \"duplicate\" shall be\\nlegibly written in ink across the face thereof.\\n 7. A person assigning or transferring, or attempting to assign or\\ntransfer any such license or using or attempting to use such license\\ncontrary to the provisions of this section shall be guilty of a\\nmisdemeanor.\\n 8. Any provisions of this section to the contrary notwithstanding, any\\ncity, village or town may, by local law or ordinance, require a person\\nholding a license issued pursuant to the provisions of this section by\\nthe clerk of the county in which such city, village or town is located,\\nto file a further application with such official of the city, village or\\ntown as is designated in such local law or ordinance, for the issuance\\nof a local license and may prescribe the terms and conditions under\\nwhich such local license may be issued and may prohibit the right to\\nhawk, peddle, vend and sell goods, wares or merchandise or solicit trade\\nupon the streets and highways within any such city, village or town\\nunder the provisions of this section unless such local license has been\\nissued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "33", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33", "activeDate" : "2014-09-22", "sequenceNo" : 31, "repealedDate" : null, "fromSection" : "33", "toSection" : "33", "text" : " § 33. Penalties. Every person found traveling and trading within this\\nstate contrary to the provisions of this article, or contrary to the\\nterms of any license that may have been granted to him under this\\narticle, shall, for each offense, forfeit to the town in which the\\noffense shall be committed the sum of twenty-five dollars, to be applied\\nto the support of the poor of the town. Every person traveling or\\ntrading within this state, having a license, who refuses to produce a\\nlicense as a peddler to any officer or citizen who demands the\\nproduction of the same shall, for each offense, forfeit to the town in\\nwhich the demand is made the sum of ten dollars, to be applied to the\\nsupport of the poor thereof. The refusal of any such person to produce a\\nlicense when demanded shall be presumptive evidence that he is traveling\\nand trading without a license.\\n No action for the recovery of any penalty imposed by this article\\nshall be maintained unless it be brought within sixty days after the\\ncommission of the offense charged.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "34", "title" : "Arrest and conviction of offender", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "34", "activeDate" : "2014-09-22", "sequenceNo" : 32, "repealedDate" : null, "fromSection" : "34", "toSection" : "34", "text" : " § 34. Arrest and conviction of offender. The public welfare officials\\nshall see that the provisions of this article are enforced in their\\nrespective towns. Any citizen may arrest any person trading as a peddler\\nwho neglects or refuses to produce his license on demand, and shall\\nimmediately convey such person before some justice of the peace of the\\ncounty. If the fact that the person so arrested has traded without a\\nlicense be proved to the satisfaction of the justice, he shall convict\\nsuch person of an offense against this article and on such conviction\\nshall issue his warrant to some constable of the county, commanding such\\nconstable to levy and collect from the personal property of the offender\\nthe sum of twenty-five dollars, with the costs of the proceeding, not\\nexceeding five dollars. The penalty collected on such warrant shall be\\npaid by the justice to the public welfare official of the town where the\\noffense was committed.\\n If it appears in said proceeding that the person arrested refused to\\nproduce his license or to disclose his name when lawfully required, no\\ncosts shall be allowed such defendant, nor shall he maintain an action\\nfor false imprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "35", "title" : "Municipal regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "35", "activeDate" : "2020-11-13", "sequenceNo" : 33, "repealedDate" : null, "fromSection" : "35", "toSection" : "35", "text" : " § 35. Municipal regulations. This article shall not affect the\\napplication of any ordinance, by-law or regulation of a municipal\\ncorporation relating to hawkers and peddlers within the limits of such\\ncorporations, but the provisions of this article are to be complied with\\nin addition to the requirements of any such ordinance, by-law or\\nregulation; provided, however, that no such by-law, ordinance or\\nregulation shall prevent or in any manner interfere with the hawking or\\npeddling, without the use of any but a hand driven vehicle, in any\\nstreet, avenue, alley, lane or park of a municipal corporation, by any\\nhonorably discharged member of the armed forces of the United States who\\n(1) was honorably discharged from such service, or (2) has a qualifying\\ncondition, as defined in section three hundred fifty of the executive\\nlaw, and has received a discharge other than bad conduct or dishonorable\\nfrom such service, or (3) is a discharged LGBT veteran, as defined in\\nsection three hundred fifty of the executive law, and has received a\\ndischarge other than bad conduct or dishonorable from such service, and\\nwho is physically disabled as a result of injuries received while in the\\nservice of said armed forces and the holder of a license granted\\npursuant to section thirty-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "35-A", "title" : "Veterans of the armed forces who vend in cities having a population of one million or more", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "35-A", "activeDate" : "2020-11-13", "sequenceNo" : 34, "repealedDate" : null, "fromSection" : "35-A", "toSection" : "35-A", "text" : " § 35-a. Veterans of the armed forces who vend in cities having a\\npopulation of one million or more. Subject to the provisions of this\\nsection but notwithstanding any inconsistent provisions of any general,\\nspecial or local law:\\n 1. (a) In cities having a population of one million or more, the\\nofficial designated by a local law or ordinance to issue a local license\\nto hawk, peddle, vend and sell goods, wares or merchandise or solicit\\ntrade upon the streets and highways within such city shall issue\\nspecialized vending licenses to members of the armed forces of the\\nUnited States who (i) were honorably discharged from such service, or\\n(ii) have a qualifying condition, as defined in section three hundred\\nfifty of the executive law, and received a discharge other than bad\\nconduct or dishonorable from such service, or (iii) are a discharged\\nLGBT veteran, as defined in section three hundred fifty of the executive\\nlaw, and received a discharge other than bad conduct or dishonorable\\nfrom such service, and who are physically disabled as a result of\\ninjuries received while in the service of said armed forces and who are\\neligible to hold licenses granted pursuant to section thirty-two of this\\narticle. Such specialized vending licenses shall authorize holders\\nthereof to hawk or peddle within such city in accordance with the\\nprovisions contained in this section. Specialized vending licenses\\nissued under this section shall permit the holders thereof to vend on\\nany block face, and no licensee authorized under this section shall be\\nrestricted in any way from vending in any area, except as provided in\\nthis section.\\n (b) The official in such city responsible for issuing specialized\\nvending licenses shall set forth by rule procedures for issuing\\nspecialized vending licenses pursuant to this section; such rules shall\\nestablish a priority system, based upon the date of application for\\nspecialized vending licenses issued pursuant to this section, provided,\\nhowever, that any disabled veteran vendor holding a specialized vending\\nlicense issued in such city prior to March first, two thousand three,\\nshall be accorded a priority based upon the date of issuance of such\\nspecialized vending license.\\n 2. In areas where general vending is authorized, outside of the area\\nspecified in subdivision seven of this section, all specialized vending\\nlicense holders, including those vendors authorized to vend in the area\\nspecified in subdivision seven of this section, shall be subject to\\nthose restrictions on the placement of vehicles, pushcarts and stands\\ncontained in any local law, ordinance, by-law, rule or regulation of a\\ncity having a population of one million or more, to the extent that such\\nrestrictions are not inconsistent with the provisions contained in\\nsubdivisions four, five, six and eight of this section.\\n 3. Specialized vending licenses issued pursuant to this section shall\\nauthorize the holders thereof to vend on block faces, outside the area\\nspecified in subdivision seven of this section, on the days and at the\\ntimes when other vending businesses have been prohibited on such block\\nfaces pursuant to any local law, ordinance, by-law, rule or regulation.\\nNot more than two such specialized vending licensees shall be authorized\\npursuant to this subdivision per restricted block face, provided that no\\nrestriction shall apply to such licensees when vending on such block\\nfaces except as provided in paragraphs (e), (g), (h), (i), (j), (k) and\\n(l) of subdivision seven of this section; and provided further no\\nspecialized vending licensee shall vend on any sidewalk unless such\\nsidewalk has at least a ten-foot wide clear pedestrian path to be\\nmeasured from the boundary of any private property to any obstructions\\nin or on the sidewalk, or if there are no obstructions, to the curb.\\nWhere three or more specialized vending license holders attempt to vend\\nsimultaneously on the same block face, the two specialized vending\\nlicense holders with the higher priority, as established pursuant to\\nparagraph (b) of subdivision one of this section, shall have the\\nexclusive right to vend on such block face, and any other specialized\\nvending license holder vending on such block face shall be deemed to be\\nvending without first having obtained a license.\\n 4. Where exigent circumstances exist, a police officer of the city may\\norder a specialized vending license holder to temporarily move from a\\nlocation; for purposes of this subdivision, \"exigent circumstances\"\\nshall mean an immediate threat to public safety caused by unusual and\\nsevere pedestrian congestion due to an impediment other than the\\nspecialized vending license holder, or by an accident, fire, parade,\\ndemonstration or other emergency situation. Nothing herein shall be\\nconstrued to limit such city's authority to place restrictions on\\nvending in order to protect national security.\\n 5. Specialized vending licenses to vend shall be accompanied by a\\nphotographic color coded identification which shall include the priority\\nnumber established pursuant to paragraph (b) of subdivision one of this\\nsection, and shall be displayed by such specialized vending license\\nholder.\\n 6. Specialized vending licenses to vend shall not be loaned, leased,\\nsubcontracted or otherwise transferred except:\\n (a) Upon the death of the disabled veteran who held the license, the\\nlicense shall be transferred by operation of law to the surviving spouse\\nor, if there is no surviving spouse or the surviving spouse elects not\\nto use the license, to the guardian of a minor child or children who may\\nuse the license for the support of the minor child or children. The\\nlicense shall revert to the licensing agency for reassignment upon the\\ndeath of the surviving spouse, if the surviving spouse remarries, when\\nthe youngest minor child reaches age eighteen, or when either the\\nsurviving spouse or guardian of the minor child or children elects not\\nto use the license to vend in the city of New York or abandons the use\\nof the license. Temporary periods when the spouse or guardian do not\\nvend shall not cause the license to revert to the licensing agency in\\nthe absence of other evidence of an intent to abandon the use of the\\nlicense; a period of six months or more in which the holder of the\\nlicense does not vend shall create a rebuttable presumption that the\\nspouse or guardian has abandoned the use of the license; and\\n (b) If the veteran who holds the license becomes totally and\\npermanently disabled, the holder of the license may transfer it to the\\nholder's spouse or, if the veteran has no spouse, to an adult child if\\nthe child assumes the duty to support the veteran. The license shall\\nrevert to the licensing agency when: (1) the veteran who held the\\nlicense immediately before the transfer dies; (2) the spouse dies or\\ndivorces the veteran who held the license immediately before the\\ntransfer; or (3) the child to whom the license is transferred dies or\\nrenounces the obligation to support the veteran who held the license\\nimmediately before the transfer.\\n 7. In the borough of Manhattan in the city of New York in the area\\nbounded on the east by Second avenue, on the south by Thirtieth street,\\non the west by Ninth avenue and Columbus avenue and on the north by\\nSixty-fifth street, the following additional provisions shall apply to\\nthe issuance of specialized vending licenses to disabled veteran vendors\\npursuant to this section:\\n (a) such specialized vending license holders shall be prohibited from\\nvending on Second avenue, Third avenue, Lexington avenue, Park avenue,\\nVanderbilt avenue, Madison avenue, Fifth avenue, Sixth avenue, Seventh\\navenue, Broadway, Eighth avenue, Amsterdam avenue, Ninth avenue,\\nColumbus avenue, Thirty-fourth street between Lexington avenue and\\nSeventh avenue, Forty-second street between Lexington avenue and Eighth\\navenue, Forty-ninth street between Lexington avenue and Seventh avenue,\\nFiftieth street between Lexington Avenue and Seventh avenue and\\nFifty-seventh street between Lexington Avenue and Seventh avenue;\\n (b) there shall be a limit of one authorized specialized vending\\nlicense holder per block face;\\n (c) there shall be a limit of one hundred five specialized vending\\nlicense holders authorized to vend within the area at any one time to be\\nallocated as follows: sixty upon the effective date of the chapter of\\nthe laws of two thousand four which amended this paragraph, an\\nadditional fifteen commencing three months from the effective date of\\nthe chapter of the laws of two thousand four which amended this\\nparagraph, and an additional ten in each of the succeeding three years\\ncommencing on January thirty-first, two thousand five;\\n (d) the rule set forth pursuant to paragraph (b) of subdivision one of\\nthis section shall establish, pursuant to the priority system,\\nprocedures for issuing specialized vending licenses pursuant to\\nparagraph (c) of this subdivision; any dispute regarding the\\nimplementation of such procedure shall be subject to a prompt hearing\\nbefore an administrative law judge with the New York state department of\\nlabor, provided that if such judge determines that a specialized vending\\nlicense holder willfully violated such procedure, such specialized\\nvending license holder shall be subject to a thirty day suspension of\\nthe specialized vending license to peddle in the area described in this\\nsubdivision; if any specialized vending license holder who has been\\ndetermined to have willfully violated such procedure is determined, in a\\nsubsequent proceeding, to have willfully violated such procedure at any\\ntime following the initial violation, such specialized vending license\\nholder shall be subject to a one-year suspension of the specialized\\nvending license to peddle in the area described in this subdivision; if\\nsuch specialized vending license holder is determined for a third time\\nto have willfully violated such procedure, such specialized vending\\nlicense holder shall be subject to permanent revocation of the\\nspecialized vending license to peddle in the area described in this\\nsubdivision;\\n (e) specialized vending licensees under this section shall:\\n (i) permit regular inspections by the official in such city\\nresponsible for issuing specialized vending licenses or any authorized\\ncity agency of any goods, vehicle, pushcart, or stand used in the\\noperation of the vending business, or any premises used by him or her\\nfor the storage or preparation of goods intended to be vended in such\\nbusiness; and\\n (ii) provide the official in such city responsible for issuing\\nspecialized vending licenses or other authorized officer of the city on\\na semi-annual basis, or more often if required by local law, by-law or\\nregulation in such city, the address and name of the owners or the\\nmanufacturers, suppliers or distributors from whom the specialized\\nvending licensee receives his or her goods and also the address at which\\nthe specialized vending licensee stores his or her goods or any vehicle,\\npushcart or stand used in the operation of the vending business;\\n (f) no specialized vending licensee shall vend on any sidewalk unless\\nsuch sidewalk is at least ten feet in width;\\n (g) no vending vehicle, pushcart, stand, goods, or any other item\\nrelated to the operation of a vending business shall touch, lean against\\nor be affixed permanently or temporarily to any building or structure\\nincluding, but not limited to, lamp posts, parking meters, mail boxes,\\ntraffic signal stanchions, fire hydrants, tree boxes, benches, bus\\nshelters, refuse baskets or traffic barriers;\\n (h) no vending pushcart, stand or goods shall be located against\\ndisplay windows of fixed location businesses, nor shall they be within\\ntwenty feet from an entranceway to any commercial building or store,\\nmeasured as a radius extending from the center of the doorway, except\\nwhere such doorways are within forty feet from each other, and in such\\ncase a vending pushcart, stand or goods shall be an equal distance from\\nthe center of the doorway of each such commercial business or store at\\nthe furthest possible distance on the sidewalk from the building line,\\nand no vending pushcart, stand or goods shall be within sixty-five feet\\nof the entranceway to any theater, movie house, indoor sports arena, or\\nplace of worship or school, measured as a radius extending from the\\ncenter of such entranceway;\\n (i) no specialized vending licensee shall occupy more than eight\\nlinear feet of public space parallel to the curb in the operation of a\\nvending business and, in addition, no specialized vending licensee\\noperating any vending business on any sidewalk shall occupy more than\\nthree linear feet to be measured from the curb toward the property line;\\n (j) each specialized vending licensee who vends from a pushcart or\\nstand in the roadway shall obey all traffic and parking laws, rules and\\nregulations as now exist or as may be promulgated, but in no case shall\\na specialized vending licensee restrict the continued maintenance of a\\nclear passageway for vehicles;\\n (k) no specialized vending licensee shall vend using the surface of\\nthe sidewalk, or a blanket or board placed immediately on the sidewalk\\nor on top of a trash receptacle or cardboard boxes to display\\nmerchandise. No specialized vending licensee display may exceed five\\nfeet in height from ground level. The display may not be less than\\ntwenty-four inches above the sidewalk where the display surface is\\nparallel to the sidewalk, and may not be less than twelve inches above\\nthe sidewalk where the display surface is vertical. Where a rack or\\nother display structure is placed on top of or above a table or other\\nbase, the size of the base shall not be less than the size of the\\ndisplay structure placed thereon. Nothing shall be placed on the base so\\nas to exceed the size limitations contained in this paragraph. No\\nspecialized vending licensee shall use any area other than that area\\nimmediately beneath the surface of the display space of the storage of\\nitems for sale; and\\n (l) no specialized vending licensee shall:\\n (i) vend within any bus stop or taxi stand or within ten feet of any\\ndriveway, any subway entrance or exit or any corner; provided, however,\\nfor the purpose of this subparagraph, ten feet from any corner shall be\\nmeasured from a point where the property line on the nearest\\nintersecting block face, when extended, meets the curb, except when\\nnoncompliance with the ten foot limitation of this paragraph is due to\\nthe placement of an obstruction. In such case the specialized vending\\nlicensee may vend within ten feet; provided, however, that such licensee\\nmust vend as far as possible from the nearest such driveway, subway\\nentrance or exit, or corner, and in no event within five feet of such\\ndriveway, subway entrance or exit, or corner;\\n (ii) vend on the median strip of a divided roadway unless such strip\\nis intended for use as a pedestrian mall or plaza;\\n (iii) vend over any ventilation grill, cellar door, manhole,\\ntransformer vault, or subway access grating;\\n (iv) sell or offer for sale any item directly from any parked or\\ndouble-parked motor vehicle;\\n (v) use electricity or oil or gasoline powered equipment devices or\\nmachinery of any kind; provided, however, that such specialized vending\\nlicense holder shall be authorized to use self-contained battery packs\\nnot exceeding sixteen volts in total solely to provide lighting for\\ntheir vending business;\\n (vi) vend within thirty feet of an entrance to a park or within a park\\nunder the jurisdiction of the agency in such city that is responsible\\nfor such city's parks and recreational areas unless written\\nauthorization therefor has been obtained from such agency;\\n (vii) vend within twenty feet of a sidewalk cafe;\\n (viii) vend within five feet from bus shelters, news stands, public\\ntelephones, or disabled access ramps; and\\n (ix) vend within ten feet from entrances or exits to buildings which\\nare exclusively residential at street level.\\n 7-a. In the borough of Manhattan in the city of New York, the\\nfollowing additional provisions shall apply to the issuance of\\nspecialized vending licenses to disabled veteran vendors pursuant to\\nthis section:\\n (a) such specialized vending license holders shall additionally be\\nprohibited from vending on Broadway between Murray Street and Battery\\nPlace and on Park Row between Ann Street and Spruce Street;\\n (b) such specialized vending license holders shall additionally be\\nprohibited from vending in the area including and bounded on the east by\\nthe easterly side of Broadway, on the south by the southerly side of\\nLiberty Street, on the west by the westerly side of West Street and on\\nthe north by the northerly side of Vesey Street.\\n 8. Any dispute concerning the location of a vendor under subdivision\\nthree of this section shall be subject to a prompt hearing before an\\nadministrative law judge with the New York state department of labor,\\nprovided that if such judge determines that a specialized vending\\nlicense holder willfully violated such procedure, such specialized\\nvending license holder shall be subject to a thirty day suspension of\\nthe specialized vending license to peddle in the area and on the days\\nand at the times described in subdivision three of this section; if any\\nspecialized vending license holder who has been determined to have\\nwillfully violated such procedure is determined, in a subsequent\\nproceeding, to have willfully violated such procedure at any time\\nfollowing the initial violation, such specialized vending license holder\\nshall be subject to a one-year suspension of the specialized vending\\nlicense to peddle in the area and on the days and at the times described\\nin subdivision three of this section; if such specialized vending\\nlicense holder is determined for a third time to have willfully violated\\nsuch procedure, such specialized vending license holder shall be subject\\nto permanent revocation of the specialized vending license to peddle in\\nthe area and on the days and at the times described in subdivision\\nthree of this section; other disputes arising under this section, other\\nthan those disputes arising under paragraph (d) of subdivision seven of\\nthis section, shall be adjudicated in accordance with local laws,\\nordinances, by-laws or regulations concerning general vending.\\n 9. There shall be established within the agency responsible for\\nissuing specialized vending licenses in such city an advisory committee\\nconsisting of up to six disabled veteran vendors who shall consult with\\nthe official designated to issue specialized vending licenses under this\\nsection concerning the process by which specialized vending licenses are\\nissued and the restrictions herein are enforced. The members of such\\ncommittee shall be elected on or before August first, nineteen hundred\\nninety-eight by a majority of the disabled veteran vendors holding\\ngeneral vending licenses in such city as of August fifteenth, nineteen\\nhundred ninety-eight. The election of such members shall be by an\\nelection which shall be conducted by the state department of labor;\\nprovided, however, that if the majority of such disabled veteran vendors\\nholding general vendor licenses in such city as of June fifteenth,\\nnineteen hundred ninety-eight fail to select the members of such\\ncommittee on or before August second, nineteen hundred ninety-eight, the\\nagency responsible for issuing specialized vending licenses in such city\\nmay still establish procedures for issuing specialized vending licenses\\npursuant to this section no later than October first, nineteen hundred\\nninety-eight. In the event a committee member resigns or is unable to\\nfulfill his or her duties, such member will be replaced by someone from\\nthe ranks of the disabled veteran vendors by consensus of veterans on\\nthe existing committee.\\n 10. The agency responsible for issuing specialized vending licenses\\nshall publish educational materials describing the provisions of state\\nand local laws, rules and regulations governing disabled veteran vending\\nin the city of New York and enforcement thereof for distribution to the\\npublic and appropriate city enforcement agencies.\\n 11. Where the city of New York authorizes general vending, through\\npermit, auction, lottery or any other method subsequent to the effective\\ndate of this subdivision other than temporary general vendor licenses\\nissued in connection with street fairs on any block face, street or\\navenue specified in paragraph (a) of subdivision seven or subdivision\\nseven-a of this section, the prohibitions and restrictions in this\\nsection on vending by specialized vending licensees shall not apply on\\nsuch block face, street or avenue and the number of specialized vending\\nlicensees authorized per block face, street or avenue shall, at a\\nminimum, be equal to the greatest number of any single type of other\\nvendor including but not limited to food, general, or vendors of written\\nmatter and others similarly situated on such block face, street or\\navenue.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A4-A", "title" : "Itinerant Vendors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4-A", "activeDate" : "2014-09-22", "sequenceNo" : 35, "repealedDate" : null, "fromSection" : "37", "toSection" : "39", "text" : " ARTICLE 4-A\\n ITINERANT VENDORS\\nSection 37. Definitions and application.\\n 38. Prohibited sales.\\n 39. Violations and penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "37", "title" : "Definitions and application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37", "activeDate" : "2014-09-22", "sequenceNo" : 36, "repealedDate" : null, "fromSection" : "37", "toSection" : "37", "text" : " § 37. Definitions and application.\\n 1. For the purposes of this article, the term \"itinerant vendor\" shall\\nmean a merchant, other than a merchant with an established retail store,\\nwho transports to a building, vacant lot, or other location, including a\\nlocation where a fee is charged for the privilege of offering or\\ndisplaying goods for sale and/or where a fee is charged to prospective\\nbuyers for admission to the area where goods are offered or displayed\\nfor sale, an inventory of goods for the purpose of offering or\\ndisplaying such goods for sale, but shall not include persons who sell\\nby sample, catalog or brochure for future delivery, or who make sale\\npresentations pursuant to a prior invitation issued by the owner or\\nlegal occupant.\\n 2. This article shall not be construed to pre-empt any municipality\\nfrom adopting a local law, rules or regulations containing more\\nstringent penalties than those provided in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "38", "title" : "Prohibited sales", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "38", "activeDate" : "2014-09-22", "sequenceNo" : 37, "repealedDate" : null, "fromSection" : "38", "toSection" : "38", "text" : " § 38. Prohibited sales. No itinerant vendor, except for an authorized\\nmanufacturer's representative or authorized distributor, shall offer for\\nsale any of the following items:\\n 1. Food manufactured and packaged for sale for consumption by a child\\nunder the age of two years; or\\n 2. Drugs as defined in section three thousand three hundred two of the\\npublic health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "39", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39", "activeDate" : "2014-09-22", "sequenceNo" : 38, "repealedDate" : null, "fromSection" : "39", "toSection" : "39", "text" : " § 39. Violations and penalties. 1. The provisions of this article may\\nbe enforced by the director of a municipal consumer affairs office, or\\nby the town attorney, city corporation counsel, or other lawfully\\ndesignated enforcement officer of a municipality or local government,\\nand all monies collected thereunder shall be retained by such\\nmunicipality or local government.\\n 2. Under such procedures as may be established by a municipality or\\nlocal government, whenever a violation of this article has occurred, the\\nenforcement agency may impose a civil penalty of not more than one\\nhundred dollars for each violation.\\n 3. Each item offered for sale or sold in violation of section\\nthirty-eight of this article shall constitute a separate violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A5", "title" : "Collateral Loan Brokers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 39, "repealedDate" : null, "fromSection" : "40", "toSection" : "55", "text" : " ARTICLE 5\\n COLLATERAL LOAN BROKERS\\nSection 40. Licenses.\\n 41. Licenses, how obtained; penalty for carrying on business\\n without license.\\n 41-a. Continuing education requirement.\\n 42. Action on bond.\\n 43. Certain entries to be made in book.\\n 44. Memorandum to be given.\\n 45. Book to be open to inspection.\\n 46. Rate of interest.\\n 47. Second-hand business.\\n 47-a. Collateral loan broker dealing with a child.\\n 48. Sale of unclaimed pledge by collateral loan broker.\\n 49. Notice of such sale; report.\\n 50. Disposition of proceeds.\\n 51. Violation of this article.\\n 52. Term \"collateral loan broker,\" how to be construed.\\n 53. Registration statements.\\n 54. Violation of article.\\n 55. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "40", "title" : "Licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "40", "activeDate" : "2014-09-22", "sequenceNo" : 40, "repealedDate" : null, "fromSection" : "40", "toSection" : "40", "text" : " § 40. Licenses. No person, corporation, partnership or firm shall\\nhereafter carry on the business of collateral loan broker, without\\nhaving first obtained from the mayor of the city or licensing authority\\nof the local governing body where the business is to be carried on a\\nlicense authorizing such person to carry on the same in the manner and\\nupon the conditions stated in the succeeding sections of this article.\\nIn the city of New York such license may be issued by the commissioner\\nof consumer affairs. Nothing herein shall be construed to prohibit a\\ncollateral loan broker from employing the title pawnbroker in connection\\nwith the collateral loan business. The title pawnbroker shall be used\\nexclusively by a collateral loan broker.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "41", "title" : "Licenses, how obtained; penalty for carrying on business without license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "41", "activeDate" : "2014-09-22", "sequenceNo" : 41, "repealedDate" : null, "fromSection" : "41", "toSection" : "41", "text" : " § 41. Licenses, how obtained; penalty for carrying on business without\\nlicense. The mayor or such local licensing authority may from time to\\ntime grant, under his hand and the official seal of his office, to such\\ncitizens, or aliens lawfully admitted for permanent residence in the\\nUnited States, as he shall deem proper and who shall produce to him\\nsatisfactory evidence of their good character, a license authorizing\\nsuch person to carry on the business of a collateral loan broker, which\\nlicense shall designate the house in which such person shall carry on\\nsaid business, and no person, corporation, partnership or firm shall\\ncarry on the business of a collateral loan broker without being duly\\nlicensed, nor in any other house than the one designated in said\\nlicense, under a penalty of one hundred dollars for each day he or they\\nshall exercise or carry on said business without such license or at any\\nother house than the one so designated. Any person receiving such\\nlicense shall pay therefor the sum of five hundred dollars for the use\\nof the city yearly where such business is to be conducted in a city with\\na population of more than one million persons, and where the business is\\nto be conducted elsewhere the fee for such license shall not exceed two\\nhundred fifty dollars yearly, and every such license shall expire one\\nyear from the date thereof, and may be renewed on application to the\\nmayor or local licensing authority each and every year on payment of the\\nsame sum and upon performance of the other conditions herein contained.\\nEvery person so licensed shall, at the time of receiving such license,\\nfile with the mayor or such local licensing authority granting the same\\na bond to the local authorities, to be executed by the person so\\nlicensed and by two responsible sureties, in the penal sum of ten\\nthousand dollars, to be approved by such mayor or local licensing\\nauthority, which bond shall be conditioned for the faithful performance\\nof the duties and obligations pertaining to the business so licensed,\\nand the mayor or such local licensing authority shall have full power\\nand authority to revoke such license for cause.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "41-A", "title" : "Continuing education requirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "41-A", "activeDate" : "2014-09-22", "sequenceNo" : 42, "repealedDate" : null, "fromSection" : "41-A", "toSection" : "41-A", "text" : " § 41-a. Continuing education requirement. 1. Every person licensed as\\na collateral loan broker pursuant to this article shall, between June\\nthirtieth, two thousand seven and June twenty-ninth, two thousand nine,\\nand during every two year period thereafter, complete not less than\\ntwelve hours of continuing education instruction offered in a course or\\nprogram approved by any mayor or licensing authority which licenses\\ncollateral loan brokers pursuant to this article. In cities having a\\npopulation of one million or more, the commissioner of consumer affairs\\nshall, on or before January thirty-first, two thousand seven, approve\\nnot less than one twelve hour continuing education instruction course or\\nprogram for collateral loan brokers and not less than one eight hour\\ncontinuing education instruction course or program for managers of\\ncollateral loan broker businesses, as required by subdivision two of\\nthis section. Every such course or program shall be made available\\nthrough at least one distance learning methodology, such as written\\nmaterials and questionnaires, internet courses or other electronic means\\nand shall also be made available through seminars or workshops,\\ncommencing on or before June thirtieth, two thousand seven. Every mayor\\nand licensing authority shall consult with one or more trade\\nassociations representing collateral loan brokers prior to approving any\\ncontinuing education instruction course or program pursuant to this\\nsection.\\n 2. Every collateral loan broker which employs more than three\\nemployees, shall designate one individual as the manager of the\\ncollateral loan broker business. Upon such designation the mayor or\\nlicensing authority, which licenses the collateral loan broker, shall be\\nprovided notice by such broker of the individual who has been designated\\nas manager of the business. Every individual designated as the manager\\nof a collateral loan broker business shall, between June thirtieth, two\\nthousand seven and June twenty-ninth, two thousand nine, and during\\nevery two year period thereafter, complete not less than eight hours of\\ncontinuing education instruction for such managers offered in a course\\nor program approved by any mayor or licensing authority which licenses\\ncollateral loan brokers pursuant to this article.\\n 3. Each collateral loan broker shall designate a manager for each\\nlocation at which such broker conducts business and employs more than\\nthree employees and every such manager shall comply with the provisions\\nof subdivision two of this section.\\n 4. Each approved provider of continuing education instruction pursuant\\nto this section and each collateral loan broker shall maintain the\\nrecords of the provision or receipts of such instruction for not less\\nthan four years.\\n 5. The failure to comply with the provisions of this section shall be\\ngrounds for the suspension, revocation or refusal to issue any license\\nissued pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "42", "title" : "Action on bond", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "42", "activeDate" : "2014-09-22", "sequenceNo" : 43, "repealedDate" : null, "fromSection" : "42", "toSection" : "42", "text" : " § 42. Action on bond. If any person shall be aggrieved by the\\nmisconduct of any such licensed collateral loan broker, and shall\\nrecover judgment against him therefor, such person may, after the return\\nunsatisfied, either in whole or in part, of any execution issued upon\\nsaid judgment, maintain an action in his own name upon the bond of said\\ncollateral loan broker in any court having jurisdiction of the amount\\nclaimed, provided such court shall, upon application made for the\\npurpose, grant such leave to prosecute.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "43", "title" : "Certain entries to be made in book", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "43", "activeDate" : "2014-09-22", "sequenceNo" : 44, "repealedDate" : null, "fromSection" : "43", "toSection" : "43", "text" : " § 43. Certain entries to be made in book. Every such collateral loan\\nbroker shall keep a book in which shall be fairly written, at the time\\nof such loan, an account and description of the goods, articles or\\nthings pawned or pledged, the amount of money loaned thereon, the time\\nof pledging the same, the rate of interest to be paid on such loan, the\\nname and residence of the person pawning or pledging the said goods,\\narticles or things and a notation of whether the pledgor claims to be\\nthe owner, consignee or agent of the owner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "44", "title" : "Memorandum to be given", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "44", "activeDate" : "2014-09-22", "sequenceNo" : 45, "repealedDate" : null, "fromSection" : "44", "toSection" : "44", "text" : " § 44. Memorandum to be given. 1. Every such collateral loan broker\\nshall at the time of each loan deliver to the person pawning or pledging\\nany goods, article or thing, a memorandum or note signed by him\\ncontaining the substance of the entry required to be made in his book by\\nthe last preceding section. Notwithstanding any general or special\\nstatutes, local laws and ordinances to the contrary, no collateral loan\\nbroker shall ask, demand or receive a service charge greater than ten\\ndollars for loans equal to or greater than five hundred dollars, or\\nseven dollars for loans equal to or greater than one hundred dollars but\\nless than five hundred dollars for any such memorandum or note, provided\\nthat for loans less than one hundred dollars a service charge not\\ngreater than four dollars may be imposed. The holder of such memorandum\\nor note shall be presumed to be the person entitled to redeem the pledge\\nand the collateral loan broker shall deliver such article to the person\\nso presenting such memorandum or note on payment of principal and\\ninterest. Should such ticket be lost or mislaid the pawnor shall at\\nonce apply to the collateral loan broker, in which case it shall be the\\nduty of the collateral loan broker to permit such person to examine his\\nbooks, and on finding the entry for said ticket, note or memorandum so\\nlost and upon his giving to the collateral loan broker an exact\\ndescription of the article pawned the collateral loan broker shall issue\\na second or stop ticket for the same, provided such person shall furnish\\nto the collateral loan broker a lost instrument bond in an amount equal\\nto the fair market value of the pledge or, in the alternative, pay a\\nlost ticket charge of one percent of the amount of the loan, or five\\ndollars, whichever is greater. In case such pawnor neglects to so apply\\nand examine said books and receive such memorandum or note in the manner\\nabove stated, the collateral loan broker will be bound to deliver the\\npledge to any person producing such ticket for the redemption thereof.\\nThis article is not to be construed as in any manner limiting or\\naffecting such collateral loan broker's common law liability in cases\\nwhere goods are stolen or other legal defects of title exist in the\\npledgor.\\n 2. In addition to the information required to be furnished pursuant to\\nsubdivision one of this section a pawn ticket shall contain the\\nfollowing notice:\\n NOTICE OF ELECTION\\n (a) The holder of this ticket may redeem the article pledged at any\\ntime prior to sale at private sale or public auction first following\\ndefault. The article pledged may not be sold at private sale or auction\\nuntil it has remained four months in the collateral loan broker's\\npossession.\\n (b) If the article pledged is sold at private sale or public auction,\\nmoney, if any, in excess of the amount of the loan, interest, lawful\\nauctioneer's commission, if applicable, lawful extra care charges and\\nthe expenses of the advertisement of sale, if applicable, shall be paid\\nto the holder of the pawn ticket.\\n (c) If the collateral loan broker shall purchase the article pledged\\nat auction the holder shall have an additional ten days to redeem the\\narticle pledged by paying to the collateral loan broker the amount of\\nthe loan, interest, lawful auctioneer's commission, lawful extra care\\ncharges and the expense of the advertisement of sale.\\n (d) A holder may sell this ticket to a third party at any time prior\\nto private sale or auction, or he may sell this ticket to the collateral\\nloan broker any time ninety or more days after the article was pledged.\\n (e) If this ticket is sold to a collateral loan broker the holder may\\nredeem the ticket within ten days after the sale by paying to the\\ncollateral loan broker the amount paid for the ticket.\\n 3. Notwithstanding any general, special or local law or ordinance to\\nthe contrary, if a collateral loan broker in good faith and without\\nknowledge extends credit on a loan, the collateral for which was\\nentrusted to the pledgor on consignment or was entrusted by a merchant\\ndealing in goods of the kind pledged to the pledgor who was a merchant\\ndealing in goods of the kind pledged, the collateral loan broker shall\\nbe required to relinquish the collateral to the legal owner provided the\\namount of the loan and interest due is paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "45", "title" : "Book to be open to inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45", "activeDate" : "2014-09-22", "sequenceNo" : 46, "repealedDate" : null, "fromSection" : "45", "toSection" : "45", "text" : " § 45. Book to be open to inspection. The said book and any and all\\nother books and records regularly kept by such collateral loan broker\\nshall at all reasonable times be open to the inspection of the attorney\\ngeneral, the state comptroller, the mayor or local licensing authority,\\nall judges of the criminal courts, the superintendent of police, police\\ninspectors, captains of police and police justices of such cities, or\\nany or either of them, or of any person who shall be duly authorized in\\nwriting for that purpose by any or either of them, and who shall exhibit\\nsuch written authority to such collateral loan broker. The mayor or the\\nlicensing authority of any local governing body, the state comptroller,\\nthe attorney general and any person duly authorized by them shall have\\nthe power to administer oaths and to examine under oath any such\\ncollateral loan broker or any officer, or agent, of such collateral loan\\nbroker and any other person having custody or control of such books and\\nrecords. Such books and records shall be retained in the possession of\\nthe collateral loan broker, in good condition and in an orderly fashion\\nfor at least a period of six years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "46", "title" : "Rate of interest", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "46", "activeDate" : "2014-09-22", "sequenceNo" : 47, "repealedDate" : null, "fromSection" : "46", "toSection" : "46", "text" : " § 46. Rate of interest. Notwithstanding any general or special\\nstatutes, local laws and ordinances to the contrary, no collateral loan\\nbroker shall ask, demand or receive any greater rate of interest than\\nfour per centum per month, or any fraction of a month, and a notice\\ncontaining a list of such rates of interest as herein provided and in\\naccordance with the act of congress entitled \"Truth in Lending Act\" and\\nthe regulations thereunder, as such act and regulations may from time to\\ntime be amended shall be conspicuously displayed within the premises of\\nsuch collateral loan broker. A minimum interest charge of twenty-five\\ncents per month may be made on any loan.\\n No collateral loan broker shall receive or be entitled to any interest\\nor charges as provided by this article on any loan for any period of\\ntime exceeding fifteen months from the date of the making of such loan,\\nprovided however that where a loan is extended at the direct request of\\nthe pledgor, the collateral loan broker may receive and be entitled to\\nany interest or charges provided by this article on such loan for any\\nperiod of time not to exceed fifteen months from the date of such\\nextension.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "47", "title" : "Second-hand business", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "47", "activeDate" : "2014-09-22", "sequenceNo" : 48, "repealedDate" : null, "fromSection" : "47", "toSection" : "47", "text" : " § 47. Second-hand business. A collateral loan broker may purchase\\nitems of personal property in accordance with this section, provided\\nhowever that a collateral loan broker shall not receive in pawn, as a\\npledge or as a purchase any instrument or weapon mentioned in section\\n265.05 of the penal law. A collateral loan broker may purchase back any\\npledge offered for sale by him or her at public auction and may\\nthereafter sell such pledge if the pledgor fails to redeem within ten\\ndays or may purchase any pledge offered for sale by any other collateral\\nloan broker at private sale or public auction. Nothing in this article\\nshall prohibit a collateral loan broker from purchasing a pawn ticket\\nfrom a pledgor, his or her heirs or assigns upon the request of such\\npledgor, heir or assign, ninety or more days after the item was pawned.\\nIf the pawn ticket is sold to a collateral loan broker the pledgor, his\\nor her heirs or assigns shall be entitled to redeem said ticket within\\nten days thereafter by tendering to the collateral loan broker the\\namount paid by the collateral loan broker for the ticket. Nothing shall\\nprohibit the sale of new or second-hand property upon the premises where\\nsuch collateral loan business is conducted, nor the purchase of new or\\nsecond-hand property, except as otherwise expressly prohibited herein. A\\nperson selling any item to a collateral loan broker, upon the premises\\nof a collateral loan broker, may cancel the transaction within five\\nbusiness days, provided that the seller tenders the full purchase price,\\ntogether with a cancellation fee not to exceed ten dollars for sales\\nequal to or greater than five hundred dollars, seven dollars for sales\\nequal to or greater than one hundred dollars but less than five hundred\\ndollars, or four dollars for sales less than one hundred dollars. A\\nperson selling jewelry, watches, precious stones, precious metals or\\ncoins to a collateral loan broker shall be afforded the option of\\nconverting the sale to a loan, provided the option is exercised within\\nfourteen days from the date of the sale (the loan shall be in the\\nprincipal amount of not less than eighty percent of the sale price).\\n A collateral loan broker engaged in the purchase or sale of\\nsecond-hand articles, other than pledges or pawn tickets, shall comply\\nwith local laws or regulations governing dealers in second-hand\\narticles. A collateral loan broker engaged in the purchase of\\nsecond-hand articles shall provide the seller a receipt setting forth\\nthe item or items purchased and the purchase price for each item.\\nAdditionally, the receipt shall include a notice advising the seller of\\nthe option to cancel the transaction within five business days or\\nconvert the sale of jewelry, watches, precious stones, precious metals\\nand coins to a loan within fourteen days of the sale in accordance with\\nthis section.\\n A collateral loan broker purchasing articles from the general public\\nshall display in a conspicuous place, in his or her shop, a sign\\nstating:\\n \" PURSUANT TO ARTICLE 5 OF THE NEW YORK STATE GENERAL BUSINESS LAW A\\nCOLLATERAL LOAN BROKER IS AUTHORIZED TO PROVIDE LOANS ON ITEMS PLEDGED\\nOR PURCHASE ITEMS OFFERED FOR SALE. YOU HAVE THE RIGHT TO USE AN ITEM AS\\nCOLLATERAL FOR A LOAN OR SELL THE ITEM IN ACCORDANCE WITH STATE AND\\nLOCAL LAW. ALL SALES MAY BE CANCELLED WITHIN FIVE BUSINESS DAYS IN\\nACCORDANCE WITH SAID ARTICLE 5. A SALE OF JEWELRY, WATCHES, PRECIOUS\\nSTONES, PRECIOUS METALS OR COINS CAN BE CONVERTED TO A LOAN WITHIN 14\\nDAYS FROM THE DATE OF THE SALE.\"\\n Such sign shall be made of a durable material, with letters being at\\nleast one inch high and have a stroke of at least one-quarter inch. The\\nletters and background shall be of contrasting colors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "47-A", "title" : "Collateral loan broker dealing with a child", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "47-A", "activeDate" : "2014-09-22", "sequenceNo" : 49, "repealedDate" : null, "fromSection" : "47-A", "toSection" : "47-A", "text" : " § 47-a. Collateral loan broker dealing with a child. No collateral\\nloan broker or person in the employ of a collateral loan broker shall\\nreceive or purchase any goods, chattels, wares or merchandise from, or\\nmake any loan or advance or permit to be loaned or advanced to any\\nchild, actually or apparently under the age of eighteen years any money,\\nor in any manner directly or indirectly receive any goods, chattels,\\nwares or merchandise from any such child in pledge for loans made or to\\nbe made to it or to any other person or otherwise howsoever. It shall be\\nno defense to a prosecution for a violation of this section, that in the\\ntransaction upon which the prosecution is based the child acted as the\\nagent or representative of another, or that the defendant dealt with\\nsuch child as the agent or representative of another.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "48", "title" : "Sale of unclaimed pledge by collateral loan broker", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "48", "activeDate" : "2014-09-22", "sequenceNo" : 50, "repealedDate" : null, "fromSection" : "48", "toSection" : "48", "text" : " § 48. Sale of unclaimed pledge by collateral loan broker. 1. No pawn\\nor pledge made with a collateral loan broker shall be sold until the\\nsame shall have remained four months in his possession.\\n 2. All sales of defaulted pledges shall be public or private with each\\nsuch pledge being individually offered for sale.\\n (a) If at public sale, then it shall be by public auction, and shall\\nbe conducted by licensed auctioneers within the state of New York. All\\nbids for the purchase of any defaulted pledge offered at such sale shall\\nbe oral, and expressed in dollars and cents without the use of any\\nspecial signs, signals or motions, if less than eleven people attend\\nsuch sale.\\n (b) A private sale may be at any time and place and on any terms but\\nevery aspect of the disposition including the method, manner, time,\\nplace and terms must be commercially reasonable and conducted in\\nconformity with applicable uniform commercial code provisions regarding\\nthe disposal of collateral after default.\\n (c) In addition to any other provision contained in this article and\\narticle twenty-two-A of this chapter, section three hundred forty-nine\\nof this chapter shall apply to a violation of the private and public\\nsale provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "49", "title" : "Notice of such sale; report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "49", "activeDate" : "2014-09-22", "sequenceNo" : 51, "repealedDate" : null, "fromSection" : "49", "toSection" : "49", "text" : " § 49. Notice of such sale; report. 1. No pledge shall be sold unless\\nwritten or printed notice of intention to sell with a statement of the\\narticle or articles to be sold has been first mailed by letter addressed\\nto the pledgor at the address given at the time of pledging at least\\nthirty days prior to the date of sale. If the sale shall be by public\\nauction, then notice of every such sale shall be published for at least\\nsix days previous thereto, in at least two of the daily newspapers\\nprinted in the city where the business shall be carried on, and also in\\ntwo daily newspapers of the city where the sale is to take place and to\\nbe designated by said mayor, and such notice shall specify the time and\\nplace at which such sale is to take place and the name of the\\nauctioneers by whom the same is to be conducted together with a\\nstatement of the class of pledges to be sold and the inclusive dates and\\nnumbers of the pawn tickets of the pledges to be sold. If the pledge, at\\nsuch sale, shall be purchased back by the collateral loan broker, the\\npledgor shall be entitled to redeem same within ten days thereafter by\\ntendering to the collateral loan broker the amount of the loan with the\\ninterest due thereon, the amount of the auctioneer's lawful commission,\\nlawful extra care charges, and the expense of the advertisement of the\\nsale.\\n 2. Any collateral loan broker who sells defaulted pledges at public\\nauction, pursuant to this article, shall file with the office of the\\nlocal governing body issuing such license within thirty days after such\\nsale, a verified report setting forth the name and address of the\\ncollateral loan broker, the date when and place where such sale was\\nheld, the name and address of the auctioneer that conducted such sale\\nand shall include a schedule of each of the defaulted pledges offered at\\nsuch sale, together with their pledge numbers, the amount received for\\neach pledge and a statement that each of the pledges so listed were\\ndelivered over to the auctioneer and actually offered for sale at such\\nauction, and in the event the collateral loan broker, during the course\\nof such sale purchases back any such pledge, a statement setting forth\\nwhich pledges were purchased back by the collateral loan broker. An\\naffidavit of publication made by the newspaper in which the notice of\\neach such sale was published, as provided by section fifty of this\\narticle, shall be annexed to every report filed pursuant to the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "50", "title" : "Disposition of proceeds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "50", "activeDate" : "2014-09-22", "sequenceNo" : 52, "repealedDate" : null, "fromSection" : "50", "toSection" : "50", "text" : " § 50. Disposition of proceeds. 1. The surplus money, if any, arising\\nfrom any such sale, after deducting the amount of the loan, the interest\\nthen due on the same, the auctioneer's commissions, if applicable,\\nlawful extra care charges and the expense of the advertisement of the\\nsale, if applicable, shall be paid over by the collateral loan broker to\\nthe person who would be entitled to redeem the pledge in case no such\\nsale had taken place.\\n 2. In the event there is any surplus money due to a pledgor after such\\nsale, the collateral loan broker shall give the pledgor written notice\\nthereof, by mailing to such pledgor, directed to him at the address\\ngiven at the time of pledging or in the event such pledgor has notified\\nthe collateral loan broker, in writing, of a change of address, to such\\nnew address, within thirty days after such sale, a notice which shall\\nstate the name and address of the collateral loan broker, the number of\\nthe pledge, the date of sale and the amount of any surplus. In the event\\nany person entitled to such surplus fails to make claim for the same\\nwithin one year from the date of such sale, such surplus shall be paid\\nover, by the collateral loan broker, to the state comptroller in\\naccordance with the provisions of section one thousand three hundred one\\nof the abandoned property law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "51", "title" : "Violation of this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "51", "activeDate" : "2014-09-22", "sequenceNo" : 53, "repealedDate" : null, "fromSection" : "51", "toSection" : "51", "text" : " § 51. Violation of this article. The mayor or local licensing\\nauthority so licensing such collateral loan broker shall have full power\\nand authority after a hearing to impose fines and penalties of not less\\nthan twenty-five dollars nor more than one hundred dollars upon persons\\noffending against any of the foregoing provisions of this article for\\neach and every offense, excepting sections forty and forty-one, and may\\nalso suspend or revoke the license of the collateral loan broker\\nwillfully violating any of the aforesaid provisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "52", "title" : "Term \"collateral loan broker\", how to be construed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "52", "activeDate" : "2014-09-22", "sequenceNo" : 54, "repealedDate" : null, "fromSection" : "52", "toSection" : "52", "text" : " § 52. Term \"collateral loan broker\", how to be construed. The term\\n\"collateral loan broker\" contained in this article shall be construed so\\nas to include any person, partnership, or corporation: (1) loaning money\\non deposit or pledge of personal property, other than securities or\\nprinted evidences of indebtedness; or (2) dealing in the purchasing of\\npersonal property on condition of selling back at a stipulated price; or\\n(3) designated or doing business as furniture storage warehousemen, and\\nloaning and advancing money upon goods, wares or merchandise pledged or\\ndeposited as collateral security.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "53", "title" : "Registration statements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "53", "activeDate" : "2014-09-22", "sequenceNo" : 55, "repealedDate" : null, "fromSection" : "53", "toSection" : "53", "text" : " § 53. Registration statements. After September first, nineteen hundred\\nsixty, no person, corporation, partnership, firm or association shall\\ncarry on the business of collateral loan broker within the state of New\\nYork unless and until such collateral loan broker shall have caused to\\nbe filed in the office of the state comptroller upon forms prescribed by\\nhim a statement, duly verified as hereinafter provided, to be known as\\n\"Collateral Loan Broker's Registration Statement\" containing:\\n a. The name of such collateral loan broker.\\n b. The address of the principal office of such collateral loan broker,\\nif any, wherever situated, and the address or addresses of the principal\\noffice of such collateral loan broker within this state, if any.\\n c. If such collateral loan broker be a partnership, the names,\\nresidences and business addresses of the partners, including special or\\nlimited partners, and of all other individuals participating as\\nprincipals in the profits of such business, specifying as to each the\\nnature of his relation to such business.\\n d. If such collateral loan broker be other than an individual or\\npartnership, the name of the state where incorporated or organized and\\nthe names, residences and business addresses of its principal officers,\\nwherever located, and all its officers in this state, specifying as to\\neach the nature of his relation to such business.\\n e. The date on which such collateral loan broker acquired a license\\nand the name and location of the local governing body under whose hand\\nand seal or authority said license was obtained under the provisions of\\nthis article.\\n f. In the event that after any collateral loan broker shall have filed\\na statement as above, any change shall take place in the personnel of\\nthe partners, principals, officers or in the location of the principal,\\nsuch collateral loan broker shall file a statement with the state\\ncomptroller to be known as a \"Collateral Loan Broker's Supplemental\\nRegistration Statement\", duly verified as hereinafter provided, setting\\nforth in full the details thereof.\\n g. Each such collateral loan broker statement and each collateral loan\\nbroker supplemental statement shall be verified by the collateral loan\\nbroker, or if such collateral loan broker be a partnership, by a general\\npartner thereof, or, if such collateral loan broker be other than an\\nindividual or partnership, by a principal officer thereof, and shall\\nstate that the facts therein stated are true to his own knowledge;\\nproviding that in case of a statement or supplemental statement by a\\ncollateral loan broker other than an individual the person verifying the\\nsame may state on information and belief the facts therein included with\\nrespect to any other individual, if such collateral loan broker\\nstatement or supplemental statement shall have attached thereto an\\naffidavit of such other individual stating that all facts contained in\\nsaid collateral loan broker statement or supplemental statement with\\nrespect to him are true.\\n h. The state comptroller may in his discretion adopt forms for the use\\nof collateral loan brokers for filing any statement with his department\\npursuant to the provisions of this section and furnish such forms to\\ncollateral loan brokers without charge or fee therefor. The state\\ncomptroller shall collect the following fees:\\n For filing each \"Collateral Loan Broker's Registration Statement\",\\nfive dollars; for filing each \"Collateral Loan Broker's Supplemental\\nStatement\", two dollars and fifty cents.\\n The fees herein enumerated shall be payable at the time of filing and\\nno filing shall be deemed effective within the meaning of this section\\nuntil such fees have been paid.\\n i. Whenever a collateral loan broker shall have filed any registration\\nstatement or supplemental registration statement required to be filed\\nunder the provisions of this section or shall have prepared in such\\nregistration statement or supplemental registration statement and have\\nforwarded the same together with the fees required by subdivision h of\\nthis section, postage prepaid and properly addressed, to the office of\\nthe state comptroller in Albany, such collateral loan broker, as to the\\nfiling of such collateral loan broker's statement or supplemental\\nregistration statement shall be deemed to have complied with the\\nrequirements of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "54", "title" : "Violation of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "54", "activeDate" : "2014-09-22", "sequenceNo" : 56, "repealedDate" : null, "fromSection" : "54", "toSection" : "54", "text" : " § 54. Violation of article. Any person, partnership, corporation,\\ncompany or association who willfully violates any of the provisions of\\nthis article shall be guilty of a misdemeanor punishable by a fine of\\nnot more than five hundred dollars, or imprisonment for not more than\\none year or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "55", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "55", "activeDate" : "2014-09-22", "sequenceNo" : 57, "repealedDate" : null, "fromSection" : "55", "toSection" : "55", "text" : " § 55. Rules and regulations. The state comptroller is hereby\\nauthorized and empowered to require the keeping of such additional\\nbooks, records, entries and reports as he may deem necessary and to\\ndetermine the amount of the surplus payable as abandoned property in the\\nevent of non-compliance with the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A5-A", "title" : "Commercial Installment Sales", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5-A", "activeDate" : "2014-09-22", "sequenceNo" : 58, "repealedDate" : null, "fromSection" : "56", "toSection" : "56", "text" : " ARTICLE 5-A\\n COMMERCIAL INSTALLMENT SALES\\nSection 56. Limitation on refunds under commercial installment sales\\n agreements.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "56", "title" : "Limitation on refunds under commercial installment sales agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "56", "activeDate" : "2014-09-22", "sequenceNo" : 59, "repealedDate" : null, "fromSection" : "56", "toSection" : "56", "text" : " § 56. Limitation on refunds under commercial installment sales\\nagreements. An agreement for the sale of equipment, machinery or the\\naccessories or parts thereto to a commercial or business enterprise for\\nits use or for the purpose of resale which provides for the financing of\\nsuch purchase by an installment sale provision shall provide that any\\nrefund due as a result of an early termination of the agreement shall be\\ndetermined according to a generally accepted actuarial method.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A6", "title" : "Junk Dealers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-12-12" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 60, "repealedDate" : null, "fromSection" : "60", "toSection" : "64", "text" : " ARTICLE 6\\n JUNK DEALERS\\nSection 60. Definitions.\\n 60-a. Licenses.\\n 61. Persons not entitled to license.\\n 62. Statement required from persons selling certain property.\\n 63. Certain property to be kept in separate piles.\\n 63-a. Purchasing property from a child.\\n 64. Penalty.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "60", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "60", "activeDate" : "2014-09-22", "sequenceNo" : 61, "repealedDate" : null, "fromSection" : "60", "toSection" : "60", "text" : " § 60. Definitions. As used in this article:\\n 1. \"Junk metal\" means any product made of steel, copper, copper alloy,\\nbrass, aluminum, or aluminum alloy that is readily used or useable by a\\npublic utility, railroad, county, city or state highway department,\\npublic or private school, or an institution of higher education or which\\nhas an established market for resale to scrap processors as defined in\\nsection sixty-nine-e of this chapter.\\n 2. \"Junk dealer\" means any individual, firm, corporation, limited\\nliability company, or partnership engaged in the business of purchasing\\nand reselling valuable metal either at a permanently established place\\nof business or in connection with a business of an itinerant nature,\\nincluding junk shops, junk yards, junk stores, auto wreckers, salvage\\nyards, collectors of or dealers in junk and junk cars or trucks, but\\nshall not include any individual, firm, corporation, limited liability\\ncompany, or partnership duly licensed as a scrap processor as provided\\nin article six-c of this chapter.\\n 3. \"Purchase\" means acquiring a junk metal product or products by a\\njunk dealer for a consideration, but does not include purchases between\\nscrap processors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "60-A", "title" : "Licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "60-A", "activeDate" : "2014-09-22", "sequenceNo" : 62, "repealedDate" : null, "fromSection" : "60-A", "toSection" : "60-A", "text" : " § 60-a. Licenses. It shall be unlawful for any person, association,\\npartnership or corporation to engage in the business of buying or\\nselling old metal, which business is herein designated junk business,\\nand which person, association, partnership or corporation is herein\\ndesignated junk dealer, unless such junk dealer shall have complied with\\nthe provisions of this article and obtained a license so to do from the\\nmayor of the city, if the principal place of business of such junk\\ndealer is in a city, or the mayor of the village if such place of\\nbusiness is in an incorporated village, otherwise from the supervisor of\\nthe town in which such place of business is located; for which license\\nshall be paid such mayor or supervisor for the use of such city, village\\nor town, the sum of five dollars, which license shall expire on June\\nthirtieth of each year. The provisions of this article shall not apply\\nto any person, association, partnership or corporation duly licensed and\\nengaged in the business of scrap processing as provided in article six-C\\nhereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "61", "title" : "Persons not entitled to license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "61", "activeDate" : "2014-09-22", "sequenceNo" : 63, "repealedDate" : null, "fromSection" : "61", "toSection" : "61", "text" : " § 61. Persons not entitled to license. No person, association,\\npartnership or corporation shall be entitled to or receive such license\\nwho or which, and in case of a partnership or association any member of\\nwhich, has been since January first, nineteen hundred and three, or who\\nor which shall hereafter be convicted of larceny or knowingly receiving\\nstolen property, or of a violation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "62", "title" : "Statement required from persons selling certain property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "62", "activeDate" : "2014-09-22", "sequenceNo" : 64, "repealedDate" : null, "fromSection" : "62", "toSection" : "62", "text" : " § 62. Statement required from persons selling certain property. On\\npurchasing any pig or pigs of metal, bronze or brass castings or parts\\nthereof, sprues or gates or parts thereof, copper wire or brass car\\njournals, or metal beer kegs, such junk dealer shall cause to be\\nsubscribed by the person from whom purchased a statement as to when,\\nwhere and from whom he or she obtained such property, also his or her\\nidentity as verified by a government issued identification card, age,\\nresidence by city, village or town, and the street and number thereof,\\nif any, the driver's license number or information from a government\\nissued identification card, if any, of such person, and otherwise such\\ndescription as will reasonably locate the same, his or her occupation\\nand name of his or her employer and place of employment or business,\\nwhich statement the junk dealer shall forthwith file in the office of\\nthe chief of police of the city or village in which the purchase was\\nmade, if made in a city or incorporated village, and otherwise in the\\noffice of the sheriff of the county in which made. The junk metal dealer\\nshall also make and retain a copy of the government issued photographic\\nidentification card used to verify the identity of the person from whom\\nthe junk metal was purchased and shall retain this copy in a separate\\nbook or register for two years from the date of purchase of the junk\\nmetal and include an additional copy of this identification with the\\ninformation required to be transmitted to the chief of police or sheriff\\npursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "63", "title" : "Certain property to be kept in separate piles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "63", "activeDate" : "2014-09-22", "sequenceNo" : 65, "repealedDate" : null, "fromSection" : "63", "toSection" : "63", "text" : " § 63. Certain property to be kept in separate piles. Every junk dealer\\nshall on purchasing any of the property described in the last section\\nplace and keep each separate purchase in a separate and distinct pile,\\nbundle or package, in the usual place of business of such junk dealer,\\nwithout removing, melting, cutting or destroying any article thereof,\\nfor a period of five days immediately succeeding such purchase, on which\\npackage, bundle or pile shall be placed and kept by such dealer a tag\\nbearing the name and residence of the seller, with the date, hour and\\nplace of purchase, and the weight thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "63-A", "title" : "Purchasing property from a child", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "63-A", "activeDate" : "2014-09-22", "sequenceNo" : 66, "repealedDate" : null, "fromSection" : "63-A", "toSection" : "63-A", "text" : " § 63-a. Purchasing property from a child. No owner, keeper or\\nproprietor of a junk shop, junk cart or other vehicle or boat or vessel\\nused for the collection of junk, or any person in the employ of such\\nowner, keeper, or proprietor, or any collector of junk, shall receive or\\npurchase any goods, chattels, wares or merchandise from any child under\\nthe age of sixteen years. It shall be no defense to a prosecution for a\\nviolation of this section, that in the transaction upon which the\\nprosecution is based the child acted as the agent or representative of\\nanother, or that the defendant dealt with such child as the agent or\\nrepresentative of another.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "64", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "64", "activeDate" : "2014-09-22", "sequenceNo" : 67, "repealedDate" : null, "fromSection" : "64", "toSection" : "64", "text" : " § 64. Penalty. Each violation of this article, either by the junk\\ndealer, the agent or servant thereof, and each false statement made in\\nor on any statement or tag above mentioned shall be a misdemeanor and\\nthe person convicted shall, in addition to other penalties imposed,\\nforfeit his license to do business. But nothing herein contained shall\\napply to cities of the first class.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A6-A", "title" : "Convict Made Goods", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "6-A", "activeDate" : "2014-09-22", "sequenceNo" : 68, "repealedDate" : null, "fromSection" : "69", "toSection" : "69", "text" : " ARTICLE 6-A\\n CONVICT MADE GOODS\\nSection 69. Sale of inmate made goods.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69", "title" : "Sale of inmate made goods", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "69", "activeDate" : "2014-09-22", "sequenceNo" : 69, "repealedDate" : null, "fromSection" : "69", "toSection" : "69", "text" : " § 69. Sale of inmate made goods. No goods, wares, or merchandise,\\nmanufactured, produced or mined wholly or in part by inmates, except\\ninmates or persons on parole, probation, or release, shall be sold in\\nthis state to any person, firm, association or corporation except that\\nnothing in this section shall be construed to forbid the sale of such\\ngoods produced in the correctional facilities of this state to the\\nstate, the government of the United States or to any state of the United\\nStates, or any political subdivision thereof, or for any public\\ninstitution owned or managed and controlled by the state, or any\\npolitical subdivision thereof, as provided in section one hundred\\neighty-four of the correction law, or any public corporation or\\neleemosynary association or corporation funded in whole or in part by\\nany federal, state or local funds, or to forbid the sale, subject to the\\nrules and regulations of the head of the department or other like\\ngovernmental authority having jurisdiction, of any product resulting\\nfrom occupational therapy within any penal or correctional institution,\\nas provided in section one hundred ninety-seven of the correction law.\\n Nothing in this section shall be construed to forbid the sale of parts\\nand components produced by inmate labor in correctional industry\\nprograms of the government of the United States or any state of the\\nUnited States, or any political subdivision thereof, to the department\\nof corrections and community supervision's division of correctional\\nindustries for use in its manufacturing operations.\\n A violation of the provisions of this section shall constitute a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A6-B", "title" : "Sale of Goods Produced With Child Labor", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6-B", "activeDate" : "2014-09-22", "sequenceNo" : 70, "repealedDate" : null, "fromSection" : "69-A", "toSection" : "69-D", "text" : " ARTICLE 6-B\\n SALE OF GOODS PRODUCED WITH CHILD LABOR\\nSection 69-a. Sale of goods produced with child labor.\\n 69-b. Definitions.\\n 69-c. Violations.\\n 69-d. Saving clause with respect to other laws.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-A", "title" : "Sale of goods produced with child labor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-A", "activeDate" : "2014-09-22", "sequenceNo" : 71, "repealedDate" : null, "fromSection" : "69-A", "toSection" : "69-A", "text" : " § 69-a. Sale of goods produced with child labor. No goods, wares, or\\nmerchandise, manufactured or produced in or for a factory or by\\nindustrial homework or produced or mined in a mine or quarry in this or\\nany other state, or in any territory, dependency or possession of the\\nUnited States, on or after the date this article takes effect, wholly or\\nin part through the use of child labor shall be sold in this state to\\nany person, firm, association or corporation, provided that the seller\\nshall have notice that such goods, wares or merchandise were so\\nmanufactured, produced or mined.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-B", "activeDate" : "2014-09-22", "sequenceNo" : 72, "repealedDate" : null, "fromSection" : "69-B", "toSection" : "69-B", "text" : " § 69-b. Definitions. For the purposes of this article:\\n 1. The term \"child labor\" shall be defined as employment of persons\\nunder sixteen years of age.\\n 2. The term \"factory\" shall be defined as provided in the first\\nsentence of paragraph nine of section two of the labor law. Goods, wares\\nand merchandise shall be deemed to be manufactured or produced for a\\nfactory if labor, other than that incident to agriculture or farming, be\\ndone for a factory at any place upon its work or upon any of the\\nmaterials entering into its product, whether under contract or\\narrangement with any person in charge of or connected with such factory\\ndirectly or indirectly through one or more contractors or other third\\npersons.\\n 3. The term \"industrial home work\" shall be defined as provided in\\nsection three hundred fifty of the labor law.\\n 4. The term \"employment\" shall be defined as permitting or suffering\\nanother to work.\\n 5. The term \"notice\" shall be deemed to include, but not to be\\nconfined to, information derived from a label affixed to goods, wares or\\nmerchandise or to any package, container, crate or unit of rolling stock\\nin which the same are contained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-C", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-C", "activeDate" : "2014-09-22", "sequenceNo" : 73, "repealedDate" : null, "fromSection" : "69-C", "toSection" : "69-C", "text" : " § 69-c. Violations. A violation of the provisions of this article\\nshall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-D", "title" : "Saving clause with respect to other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-D", "activeDate" : "2014-09-22", "sequenceNo" : 74, "repealedDate" : null, "fromSection" : "69-D", "toSection" : "69-D", "text" : " § 69-d. Saving clause with respect to other laws. Nothing in this\\narticle shall be deemed to modify, alter, repeal or amend any provision\\naffecting terms, requirements, conditions, hours or wages of employment,\\nor any definitions applicable thereto, contained in the labor law, the\\neducation law or any other law, general, special or local.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A6-C", "title" : "Scrap Processors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6-C", "activeDate" : "2014-09-22", "sequenceNo" : 75, "repealedDate" : null, "fromSection" : "69-E", "toSection" : "69-H", "text" : " ARTICLE 6-C\\n SCRAP PROCESSORS\\nSection 69-e. Definitions.\\n 69-f. License.\\n 69-g. Records.\\n 69-h. Penalty.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-E", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-E", "activeDate" : "2014-09-22", "sequenceNo" : 76, "repealedDate" : null, "fromSection" : "69-E", "toSection" : "69-E", "text" : " § 69-e. Definitions. 1. \"Scrap metal processing facility\" shall mean\\nan establishment engaged primarily in the purchase, processing and\\nshipment of ferrous and/or non-ferrous scrap, the end product of which\\nis the production of raw material for remelting purposes for steel\\nmills, foundaries, smelters, refiners, and similar users.\\n 2. \"Scrap processor\" shall mean any person, association, partnership\\nor corporation operating and maintaining a \"scrap metal processing\\nfacility\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-F", "title" : "License", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-F", "activeDate" : "2014-09-22", "sequenceNo" : 77, "repealedDate" : null, "fromSection" : "69-F", "toSection" : "69-F", "text" : " § 69-f. License. It shall be unlawful for any person, association,\\npartnership or corporation to engage in business as a scrap processor\\nunless such scrap processor shall have complied with the provisions of\\nthis article and obtained a license to do so from the mayor of the city,\\nif the place of business of such scrap processor is in a city, or the\\nmayor of the village if the place of business is in an incorporated\\nvillage, otherwise from the supervisor of the town in which such place\\nof business is located, or from the licensing authority of any such\\nmunicipality; for which license shall be paid such mayor or supervisor\\nor licensing authority for the use of such city, village, or town the\\nsum of seventy-five dollars if such place of business is the principal\\nplace of business of such scrap processor in this state, otherwise the\\nsum of fifty dollars, which license shall expire on June thirtieth of\\neach year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-G", "title" : "Records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-G", "activeDate" : "2014-09-22", "sequenceNo" : 78, "repealedDate" : null, "fromSection" : "69-G", "toSection" : "69-G", "text" : " § 69-g. Records. 1. Such scrap processor shall record (i) each\\npurchase of any pig or pigs of metal, bronze or brass castings or parts\\nthereof, sprues or gates or parts thereof, utility wire or brass car\\njournals, or of metal beer kegs, and (ii) each purchase of iron, steel\\nand/or nonferrous scrap for a price of fifty dollars or more, and\\npreserve such record for a period of three years; which record shall\\nshow the date of purchase, name of seller, his residence address by\\nstreet, number, city, village or town, the driver's license number or\\ninformation from a government issued photographic identification card,\\nif any, of such person, or by such description as will reasonably locate\\nthe seller, the type and quantity of such purchase; and the scrap\\nprocessor shall cause such record to be signed by the seller or his\\nagent. It shall be unlawful for any seller to refuse to furnish such\\ninformation or to furnish incorrect or incomplete information. Such\\nscrap processor shall also make and retain a copy of the government\\nissued photographic identification card used to verify the identity of\\nthe person from whom the scrap metal was purchased and shall retain this\\ncopy in a separate book, register or electronic archive for two years\\nfrom the date of purchase.\\n 2. Such records shall be available for inspection by the police\\ndepartment of the state or the municipality in which the establishment\\nis located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-H", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-H", "activeDate" : "2014-09-22", "sequenceNo" : 79, "repealedDate" : null, "fromSection" : "69-H", "toSection" : "69-H", "text" : " § 69-h. Penalty. 1. Each violation of this article by a scrap\\nprocessor shall be a violation subject to a fine of not more than two\\nhundred dollars, unless such violation shall be wilful, in which event\\nit shall be a misdemeanor except, however, the scrap processor shall not\\nbe liable for any violation of this article by a seller, his agent, or a\\npurported seller or agent.\\n 2. Each violation of this article by a seller or his agent shall be a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A6-D", "title" : "Business of Installing Security or Fire Alarm Systems", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-12-12" ], "docLevelId" : "6-D", "activeDate" : "2014-09-22", "sequenceNo" : 80, "repealedDate" : null, "fromSection" : "69-L", "toSection" : "69-Z", "text" : " ARTICLE 6-D\\n BUSINESS OF INSTALLING SECURITY OR FIRE ALARM SYSTEMS\\nSection 69-l. Definitions.\\n 69-m. License required.\\n 69-n. Powers of the secretary of state.\\n 69-o. License after examination; application.\\n 69-p. License without examination.\\n 69-pp. Licensed master electrician waiver.\\n 69-q. Licenses; display; renewal; duplicates.\\n 69-r. Fees.\\n 69-s. Suspension and revocation of licenses.\\n 69-ss. Revocation, suspension, reprimands, fines; unlicensed\\n activities.\\n 69-t. Hearing on charges; decision.\\n 69-u. Judicial review.\\n 69-v. Violations and penalties.\\n 69-vv. Civil penalties.\\n 69-w. Official acts used as evidence.\\n 69-x. Disposition of moneys derived from operation of article.\\n 69-y. Separability clause.\\n 69-z. Applicability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-L", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-12" ], "docLevelId" : "69-L", "activeDate" : "2014-09-22", "sequenceNo" : 81, "repealedDate" : null, "fromSection" : "69-L", "toSection" : "69-L", "text" : " § 69-l. Definitions. As used in this article, unless the context\\nrequires otherwise:\\n 1. \"Department\" means the department of state.\\n 2. \"Person\" means an individual, firm, company, partnership, limited\\nliability company or corporation.\\n 3. \"Licensee\" means a person as herein defined licensed to engage in\\nthe business of installing, servicing or maintaining security or fire\\nalarm systems under this article.\\n 4. \"To engage in the business of installing, servicing or maintaining\\nsecurity or fire alarm systems\" means and refers to a person who holds\\nhimself out directly or indirectly, as being able, or who offers or\\nundertakes, by any means or method, to install, service or maintain a\\nsecurity or fire alarm system to detect intrusion, break-in, movement,\\nsound or fire.\\n 5. \"Fee\", \"examination fee\", \"license fee\" and \"renewal fee\" mean the\\nfees required to accompany an application for examination or fingerprint\\nprocessing for or issuance of any license, including any temporary,\\napprentice or renewal license, pursuant to this article. Such fee shall\\nbe non-refundable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-M", "title" : "License required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-M", "activeDate" : "2014-09-22", "sequenceNo" : 82, "repealedDate" : null, "fromSection" : "69-M", "toSection" : "69-M", "text" : " § 69-m. License required. 1. On and after October first, nineteen\\nhundred ninety-two, no person shall engage in the business of\\ninstalling, servicing or maintaining security or fire alarm systems or\\nhold himself out as being able so to do unless he is licensed therefor\\npursuant to this article. Nothing herein shall prohibit a person\\nlicensed in accordance with the provisions of this article from\\nemploying individuals to assist in the installation, servicing or\\nmaintaining of security or fire alarm systems, provided such licensee\\nissues identification cards on a form prescribed by the secretary of\\nstate to each unlicensed individual.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\na license shall not be required of a person to engage in the business of\\ninstalling, servicing or maintaining security or fire alarm systems if\\nsuch an alarm system is to be installed in a motor vehicle, water vessel\\nor aircraft or is a battery-operated smoke detection device.\\nFurthermore, a property owner or proprietor who purchases or owns an\\nalarm system to be installed by him or his employees onto his property\\nor place of business shall not fall under the provisions of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-N", "title" : "Powers of the secretary of state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-N", "activeDate" : "2014-09-22", "sequenceNo" : 83, "repealedDate" : null, "fromSection" : "69-N", "toSection" : "69-N", "text" : " § 69-n. Powers of the secretary of state. In addition to the powers\\nand duties elsewhere prescribed in this article, the secretary of state\\nshall have power:\\n 1. To appoint an adequate number of assistants, inspectors and other\\nemployees as may be necessary to carry out the provisions of this\\narticle, to prescribe their duties, and to fix their compensation within\\nthe amount appropriated therefor.\\n 2. To examine into the qualifications and fitness of applicants for\\nlicenses under this article.\\n 3. To keep records of all licenses issued, suspended or revoked.\\n 4. To prepare a manual of rules and regulations for the conduct of\\nexaminations and to furnish copies thereof to persons desiring the same\\nupon payment of a reasonable fee therefor.\\n 5. To adopt such rules and regulations not inconsistent with the\\nprovisions of this article, as may be necessary with respect to the form\\nand content of applications for licenses, the reception thereof, the\\ninvestigation and examination of applicants and their qualifications,\\nand the other matters incidental or appropriate to his powers and duties\\nas prescribed by this article and for the proper administration and\\nenforcement of the provisions of this article, and to amend or repeal\\nany of such rules and regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-O", "title" : "License after examination; application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-O", "activeDate" : "2014-09-22", "sequenceNo" : 84, "repealedDate" : null, "fromSection" : "69-O", "toSection" : "69-O", "text" : " § 69-o. License after examination; application. 1. After successfully\\npassing the designated examination, any person over the age of eighteen\\nyears, desiring a license to engage in the business of installing,\\nservicing or maintaining security or fire alarm systems under this\\narticle, may make application to the secretary of state therefor. The\\napplication shall be subscribed by the applicant and affirmed by him as\\ntrue under the penalties of perjury. The application shall be in such\\nform and shall contain such information relative to the applicant and\\nhis qualifications as may be prescribed by the secretary of state. Each\\napplication shall be accompanied by:\\n (a) Two recent photographs of the applicant of a size prescribed by\\nthe secretary of state and two sets of fingerprints of the applicant to\\nbe recorded in such manner as the secretary of state may prescribe by\\nrule. The fingerprints shall be taken on a standard fingerprint card\\napproved for fingerprinting by the state division of criminal justice\\nservices and shall be accompanied by the appropriate processing fees in\\nproper form for the division of criminal justice services;\\n (b) Evidence of education satisfactory to the secretary of state which\\nshall include evidence of the successful completion of a course of study\\nin a school duly licensed pursuant to the education law or approved by\\nthe board of regents as a school qualified to instruct students in the\\nfield of security or fire alarm systems or can demonstrate to the\\nsatisfaction of the secretary of state that he has successfully\\ncompleted an approved industry sponsored training program; and\\n (c) Evidence of having successfully passed the required examination.\\n 2. After the filing of an applicant's fingerprint cards, the secretary\\nof state shall forward such fingerprints to the division of criminal\\njustice services to be compared with the fingerprints on file with the\\ndivision of criminal justice services in order to ascertain whether the\\napplicant has been convicted of a felony involving fraud, bribery,\\nperjury or theft pursuant to article one hundred forty, one hundred\\nfifty-five, one hundred sixty, one hundred sixty-five, one hundred\\nseventy, one hundred seventy-five, one hundred seventy-six, one hundred\\neighty, one hundred eighty-five, one hundred ninety, one hundred\\nninety-five, two hundred or two hundred ten of the penal law; or has a\\ncriminal action which has been pending for such a felony for under one\\nyear without a final disposition unless adjourned in contemplation of\\ndismissal; provided, however, that for the purposes of this article,\\nnone of the following shall be considered criminal convictions or\\nreported as such:\\n (a) A conviction which has been vacated and replaced by a youthful\\noffender finding pursuant to article seven hundred twenty of the\\ncriminal procedure law, or the applicable provisions of law of any other\\njurisdiction; or\\n (b) A conviction the records of which have been expunged or sealed\\npursuant to the applicable provisions of the laws of this state or of\\nany other jurisdiction; or\\n (c) A conviction for which a certificate of relief from disabilities\\nor a certificate of good conduct has been issued pursuant to the\\ncorrection law.\\n The division of criminal justice services shall retain the fingerprint\\ncards and return the report of such convictions or pending cases, if\\nany, to the secretary of state who shall retain them in a confidential\\nfile for no more than one year, after which time such report shall be\\ndestroyed.\\n The secretary of state shall deny the application of any individual\\nconvicted of a felony involving fraud, bribery, perjury or theft\\npursuant to article one hundred forty, one hundred fifty-five, one\\nhundred sixty, one hundred sixty-five, one hundred seventy, one hundred\\nseventy-five, one hundred seventy-six, one hundred eighty, one hundred\\neighty-five, one hundred ninety, one hundred ninety-five, two hundred or\\ntwo hundred ten of the penal law; or has a criminal action which has\\nbeen pending for such a felony for under one year without a final\\ndisposition unless adjourned in contemplation of dismissal; provided,\\nhowever, that for the purposes of this article, none of the following\\nshall be considered criminal convictions or reported as such:\\n (i) A conviction which has been vacated and replaced by a youthful\\noffender finding pursuant to article seven hundred twenty of the\\ncriminal procedure law, or the applicable provisions of law of any other\\njurisdiction; or\\n (ii) A conviction the records of which have been expunged or sealed\\npursuant to the applicable provisions of the laws of this state or of\\nany other jurisdiction; or\\n (iii) A conviction for which a certificate of relief from disabilities\\nor a certificate of good conduct has been issued pursuant to the\\ncorrection law.\\n 3. The secretary of state shall prepare question papers which shall be\\nthe same for all applications at any given examination. The questions\\nmay be partly written and partly oral and shall not be confined to any\\nspecific method or system. In addition, a portion of the examination may\\ninclude testing of practical skills through various exercises. No person\\nshall receive a license hereunder who has not actually demonstrated to\\nthe secretary of state his ability and fitness to engage in the business\\nof installing, servicing or maintaining security or fire alarm systems\\nin such practical tests as may be required by the secretary of state.\\n 4. Examinations shall be in the English language and shall be held at\\nleast quarterly and shall be given in at least four convenient places in\\nthe state.\\n 5. There shall be an examination fee of fifteen dollars.\\n 6. When an applicant has successfully passed the examination therefor,\\nand has otherwise qualified for a license, the secretary of state on\\npayment of the fee prescribed by this article, shall issue to such\\napplicant a license to engage in the business of installing, servicing\\nor maintaining security or fire alarm systems.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-P", "title" : "License without examination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "69-P", "activeDate" : "2020-11-13", "sequenceNo" : 85, "repealedDate" : null, "fromSection" : "69-P", "toSection" : "69-P", "text" : " § 69-p. License without examination. 1. Any person over the age of\\neighteen years who shall present to the secretary of state satisfactory\\nevidence that he has been actually engaged in the business of\\ninstalling, servicing or maintaining security or fire alarm systems in\\nthis state for at least two years within the period of three years\\nimmediately prior to October first, nineteen hundred ninety-two, shall\\nbe entitled to a license under this article without examination,\\nprovided that application therefor is accompanied by the requirements of\\nparagraphs (a) and (b), respectively, of subdivision one of section\\nsixty-nine-o of this article and the required annual license fee, is\\nfiled with the secretary of state.\\n 2. The secretary of state shall upon application and without\\nexamination, issue a license to any person over the age of eighteen\\nyears who has been duly licensed by any other state, territory,\\nprotectorate or dependency of the United States to engage in the\\nbusiness of installing, servicing or maintaining security or fire alarm\\nsystems upon compliance with standards and requirements not lower, in\\nthe judgment of the secretary of state, than those of this state,\\nprovided, however, that such state extends similar reciprocity to\\nlicensees of this state. Such application shall be accompanied by the\\nrequirements of paragraphs (a) and (b), respectively, of subdivision one\\nof section sixty-nine-o of this article and the required license fee.\\n 3. (a) If any person, eligible for any license, mentioned in this\\nsection, be in the military service at or during the time application\\nfor such license is required to be filed and license fee paid, according\\nto the provisions of this section, the period within which said\\napplication may be filed and license fee may be paid, is extended in\\nbehalf of such person, until three months after the termination of said\\nmilitary service, any provision contained in this article to the\\ncontrary, notwithstanding.\\n (b) In the case of persons who are or were in the military service and\\n(i) have been or will be discharged under conditions other than\\ndishonorable, or (ii) have a qualifying condition, as defined in section\\nthree hundred fifty of the executive law, and received a discharge other\\nthan bad conduct or dishonorable from such service, or (iii) are\\ndischarged LGBT veterans, as defined in section three hundred fifty of\\nthe executive law, and have received a discharge other than bad conduct\\nor dishonorable from such service, the period of two years specified in\\nsubdivision one of this section need not be continuous. The length of\\ntime such person was engaged in the business of installing, servicing or\\nmaintaining security or fire alarm systems before entering the military\\nservice may be added to any period of time during which such person was\\nor is engaged in the business of installing, servicing or maintaining\\nsecurity or fire alarm systems after the termination of military\\nservice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-PP", "title" : "Licensed master electrician waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-PP", "activeDate" : "2014-09-22", "sequenceNo" : 86, "repealedDate" : null, "fromSection" : "69-PP", "toSection" : "69-PP", "text" : " § 69-pp. Licensed master electrician waiver. 1. Any person who is\\nlicensed by any municipality as a master electrician and who engages in\\nthe business of installing, servicing or maintaining security or fire\\nalarm systems within such municipality shall be waived from the\\nprovisions of this article upon registration with the secretary of state\\nin accordance with the provisions of this section.\\n 2. Each licensed master electrician seeking a waiver shall register\\nwith the secretary of state on a form prescribed by the secretary. Such\\nform shall include at least: the individual's name and home address, the\\nbusiness's name and address, a listing of jurisdictions in which the\\nmaster electrician is licensed, a listing of all appropriate license\\nnumbers and such other information as the secretary shall deem\\nnecessary. No applicant for a waiver shall be required to meet the\\nprovisions of section sixty-nine-o of this article.\\n 3. Any waiver shall only apply for engaging in the business of\\ninstalling, servicing or maintaining security or fire alarm systems in\\nmunicipalities where such master electrician is licensed. However,\\nshould a licensed master electrician for any reason become unlicensed by\\nany municipality, such master electrician shall immediately inform the\\nsecretary of state of such action. The secretary of state may suspend\\nany waiver granted upon the basis of the master electrician license.\\n 4. A master electrician who engages in the business of installing,\\nservicing or maintaining security or fire alarm systems in\\nmunicipalities where such master electrician is not duly licensed, shall\\nbe required to be licensed pursuant to this article.\\n 5. A master electrician who is licensed in any municipality within the\\nstate shall be deemed to have satisfied the requirements of paragraphs\\n(b) and (c) of subdivision one of section sixty-nine-o of this article.\\n 6. The fee for all waivers granted to any master electrician shall be\\nestablished by the secretary of state and shall not exceed fifty dollars\\nevery two years. Provided, however, that any person licensed pursuant to\\nthis article prior to the effective date of this section shall be exempt\\nfrom the waiver fee for periods prior to October first, nineteen hundred\\nninety-four. Such waiver shall be valid for a two year period and be\\nrenewable for two year periods thereafter.\\n 7. Any license issued by any municipality establishing a master\\nelectrician license after July fifteenth, nineteen hundred ninety-three\\nshall not be grounds for a waiver pursuant to this section unless the\\nsecretary determines that the standards for such master electrician\\nlicense are not lower than those of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-Q", "title" : "Licenses; display; renewal; duplicates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-Q", "activeDate" : "2014-09-22", "sequenceNo" : 87, "repealedDate" : null, "fromSection" : "69-Q", "toSection" : "69-Q", "text" : " § 69-q. Licenses; display; renewal; duplicates. 1. All licenses shall\\nbe for a period of two years.\\n 2. No license shall be assignable or transferable except as\\nhereinafter provided.\\n 3. (a) A license issued to a limited liability company or to a\\ncorporation to engage in the business of installing, servicing or\\nmaintaining security or fire alarm systems shall require that such\\nbusiness be operated under the direction and control of at least one\\nmember or manager of the limited liability company or a manager or\\nmanaging officer of a corporation, who shall be required to meet the\\nlicensing requirements of this article on behalf of the licensee and\\nwho, in the case of a corporation, shall not be required to be an\\nofficer of the corporation. If such member, manager or managing\\nofficer, who shall have met the requirements of this article, ceases to\\nact in the capacity of member, manager or managing corporate officer for\\nany reason whatsoever, the licensee shall notify the department in\\nwriting within fourteen days from such termination or cessation. The\\nlicensee may continue to conduct the business of installing, servicing\\nor maintaining security or fire alarm systems for a period not to exceed\\nsixty days from the date of such termination or cessation; the period of\\nsixty days aforesaid may be extended upon application to the secretary\\nof state and for good cause for an additional period not to exceed one\\nhundred twenty days; by the end of such period a new member, manager or\\nmanaging officer must be designated who has met the licensing\\nrequirements of this article on behalf of the licensee.\\n (b) The limited liability company or corporation shall be liable with\\nrespect to all actions taken by its member, manager or managing officer\\nacting on behalf of such limited liability company or corporation.\\n 4. A license to engage in the business of installing, servicing or\\nmaintaining security or fire alarm systems issued to an individual may\\nbe assigned or transferred for the remainder of the license period to a\\npartnership, limited liability company or corporation if such individual\\nis a member of such partnership, a member of the limited liability\\ncompany or an officer of such corporation at the time of such assignment\\nor transfer. A license issued to a partnership may be assigned or\\ntransferred for the remainder of the license period to any one member of\\nsuch partnership, provided he obtains the consent of all of the other\\nmembers of such partnership. The application for such transfer or\\nassignment must be accompanied by the requirements of paragraphs (a) and\\n(b) of subdivision one of section sixty-nine-o of this article and by\\nproof satisfactory to the department that the requirements herein\\nprovided have been complied with. No assignment or transfer shall become\\neffective unless and until the endorsement has been made on the face of\\nthe license by the department and such license, so endorsed, has been\\nreturned to the assignee or transferee. All such endorsements shall be\\nmade without payment of any fee. A bona fide purchaser of such business\\nfrom the holder of the license thereof may continue to use the license\\nof the seller for a period of thirty days from the date of the sale,\\nprovided there is endorsed on the face thereof the name of the\\npurchaser, the date of the sale, and the signature of the seller and the\\npurchaser; and provided further within five days from the date of the\\nsale, an application, in accordance with the provisions of this article,\\nshall be presented by the purchaser to the secretary of state for a\\nlicense to conduct the business of installing, servicing or maintaining\\nsecurity or fire alarm systems.\\n 5. Employees of a person licensed to conduct the business of\\ninstalling, servicing or maintaining security or fire alarm systems\\nshall not be required to be licensed provided that the nonlicensed\\nemployee have in his possession an identification card issued pursuant\\nto section sixty-nine-m of this article. A person licensed to conduct\\nsuch business shall, however, be required to submit to the department a\\nfull set of fingerprints of any employee who assists in the\\ninstallation, servicing or maintaining of security or fire alarm\\nsystems, which shall be forwarded by the department to the division of\\ncriminal justice services to be compared with the fingerprints on file\\nwith the division to determine whether such employee has been convicted\\nof a felony involving fraud, bribery, perjury or the theft pursuant to\\narticle one hundred forty, one hundred fifty-five, one hundred sixty,\\none hundred sixty-five, one hundred seventy, one hundred seventy-five,\\none hundred seventy-six, one hundred eighty, one hundred eighty-five,\\none hundred ninety, one hundred ninety-five, two hundred or two hundred\\nten of the penal law or has a criminal action which has been pending for\\nunder one year without a final disposition unless adjourned in\\ncontemplation of dismissal. Employee fingerprints will be recorded in\\nsuch manner as the secretary of state may prescribe by rule. Such\\nemployee's fingerprints shall be taken on a standard fingerprint card\\napproved for fingerprinting by the state division of criminal justice\\nservices and shall be accompanied by the appropriate processing fees in\\nproper form for the division of criminal justice services. The division\\nof criminal justice services shall return the fingerprint card and the\\nreport of such convictions to the department, who shall then notify the\\nlicensee that such employee has been convicted of such a felony or has a\\ncriminal action pending pursuant to a schedule developed by the division\\nin conjunction with the secretary of state but not to be implemented\\nprior to September first, nineteen hundred ninety-four. Upon submission\\nof such fingerprints to the department, a person may be employed on a\\nprovisional basis to assist in the installation, servicing or\\nmaintaining of security or fire alarm systems. However, such employee\\nmay not continue in such a capacity if it is determined that such\\nemployee has been convicted of such a felony or has a criminal action\\npending.\\n 6. A license to conduct the business of installing, servicing or\\nmaintaining security or fire alarm systems issued to an individual or to\\na partnership may be used after the death of the licensed individual or\\nco-partner by his next of kin or duly appointed administrator or\\nexecutor in the name of the estate for a period of not more than sixty\\ndays from the date of death of such individual or co-partner, provided\\nthat there is endorsed upon the face of the license after the name of\\nthe decedent the word \"deceased\", the date of death and the name of the\\nnext of kin, administrator or executor under whose authority the license\\nis being used; the period of sixty days aforesaid may be extended upon\\napplication to the secretary of state and for good cause shown for an\\nadditional period not to exceed one hundred twenty days. Any license so\\ncontinued which shall expire during such period of sixty days or the\\nextension thereof may be renewed by the next of kin, administrator or\\nexecutor for the balance of such period or the extension thereof.\\n 7. A license to conduct the business of installing, servicing or\\nmaintaining security or fire alarm systems shall be conspicuously posted\\nupon the premises where the licensee is engaged in the business of\\ninstalling, servicing or maintaining security or fire alarm systems.\\n 8. Any license which has not been suspended or revoked, may, upon the\\npayment of the renewal fee prescribed by this article, be renewed for\\nadditional periods of two years from its expiration, without further\\nexamination, upon the filing of an application for such renewal, on a\\nform and with such additional information as prescribed by the secretary\\nof state.\\n 9. Any person failing to file application and fee for renewal of a\\nlicense within one year immediately following the expiration of his last\\nlicense shall pay an additional fee of sixty dollars, and if he fails to\\nfile application and fee for renewal within two years he shall be\\nineligible for such license until he shall have again met the\\nrequirements set forth in this article.\\n 10. A duplicate license may be issued for one lost, destroyed or\\nmutilated upon application therefor on a form prescribed by the\\nsecretary of state and the payment of the fee prescribed therefor by\\nthis article. Each such duplicate license shall have the word\\n\"duplicate\" stamped across the face thereof and shall bear the same\\nnumber as the one it replaces.\\n 11. Notice in writing shall be given the secretary of state at his\\noffice in Albany by the holder of a license to conduct the business of\\ninstalling, servicing or maintaining security or fire alarm systems of\\nany change in address of the business or residence of the person engaged\\nin such business together with the return of license, whereupon a\\nproperly signed endorsement will be made on the face of the license as\\nto such change and the license then returned to the licensee. A change\\nof address by a licensee without such notice and endorsement of license\\nshall operate to cancel the license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-R", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-R", "activeDate" : "2014-09-22", "sequenceNo" : 88, "repealedDate" : null, "fromSection" : "69-R", "toSection" : "69-R", "text" : " § 69-r. Fees. 1. The fee for a license to engage in the business of\\ninstalling, servicing or maintaining security or fire alarm systems\\nshall be two hundred dollars plus an amount to be determined by the\\ndivision of criminal justice services to cover the cost of the\\ndivision's fingerprint search and report. For each renewal thereof, the\\nfee shall be one hundred dollars plus an amount to be determined by the\\ndivision of criminal justice services to cover the cost of the\\ndivision's fingerprint search and report.\\n 2. The fee for taking an examination under this article shall be\\nfifteen dollars; provided, however, that if the applicant qualifies for\\na license as the result of such examination, the fee paid for the\\nprivilege of taking such examination shall be included in the license\\nfee for the license issued to him thereon.\\n 3. The fee for issuing a duplicate license in substitution for one\\nlost, destroyed or mutilated shall be twenty-five dollars.\\n 4. The fee for changing a name or address shall be ten dollars.\\n 5. The fees hereinabove set forth shall be those for licenses issued\\nfor the license period of two years or fraction of such period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-S", "title" : "Suspension and revocation of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-S", "activeDate" : "2014-09-22", "sequenceNo" : 89, "repealedDate" : null, "fromSection" : "69-S", "toSection" : "69-S", "text" : " § 69-s. Suspension and revocation of licenses. 1. A license to engage\\nin the business of installing, servicing or maintaining security or fire\\nalarm systems may be suspended or revoked, or in lieu thereof a fine not\\nexceeding one thousand dollars per violation payable to the department\\nmay be imposed or a reprimand issued by the secretary of state, for any\\none or more of the following causes:\\n (a) Fraud or bribery in securing a license;\\n (b) The making of any false statement as to a material matter in any\\napplication or other statement or certificate required by or pursuant to\\nthis article;\\n (c) Incompetency;\\n (d) Failure to display the license as provided in this article;\\n (e) Violation of any provision of this article, or of any rule or\\nregulation adopted hereunder;\\n (f) Conviction of a felony involving fraud, theft, perjury or bribery\\nor other cause which would permit disqualifications from receiving a\\nlicense upon the original application.\\n 2. Whenever the license to engage in the business of installing,\\nservicing or maintaining security or fire alarm systems is revoked, such\\nlicense shall not be reinstated or reissued until after the expiration\\nof a period of five years from the date of such revocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-SS", "title" : "Revocation, suspension, reprimands, fines; unlicensed activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-SS", "activeDate" : "2014-09-22", "sequenceNo" : 90, "repealedDate" : null, "fromSection" : "69-SS", "toSection" : "69-SS", "text" : " § 69-ss. Revocation, suspension, reprimands, fines; unlicensed\\nactivities. 1. The secretary of state shall, before imposing any fine or\\nreprimand on a person thereof, or before issuing any order directing the\\ncessation of unlicensed activities, and at least ten days prior to the\\ndate set for the hearing, notify in writing such person, or the person\\nalleged to have engaged in unlicensed activities, of any charges made\\nand shall afford such person an opportunity to be heard in person or by\\ncounsel in reference thereto. Such written notice may be served by\\ndelivery of same personally to the person charged, or by mailing same by\\ncertified mail to the last known business or other address provided by\\nsuch person to the secretary of state, or by any method authorized by\\nthe civil practice law and rules for the service of a summons. The\\nhearing on such charges shall be at such time and place as the\\ndepartment shall prescribe.\\n 2. The department, acting by such officer or person in the department\\nas the secretary of state may designate, shall have the power to\\nsubpoena and bring before the officer or person so designated any person\\nin this state, and administer an oath to and take testimony of any\\nperson or cause his deposition to be taken. A subpoena issued under this\\nsection shall be regulated by the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-T", "title" : "Hearing on charges; decision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-T", "activeDate" : "2014-09-22", "sequenceNo" : 91, "repealedDate" : null, "fromSection" : "69-T", "toSection" : "69-T", "text" : " § 69-t. Hearing on charges; decision. No license shall be suspended or\\nrevoked nor shall any fine or reprimand be imposed until after a hearing\\nhad before an officer or employee of the department designated for such\\npurpose by the secretary of state, upon notice to the licensee of at\\nleast ten days. The notice shall be served either personally or by\\ncertified mail and shall state the date and place of hearing and set\\nforth the ground or grounds constituting the charges against the\\nlicensee. The licensee shall have the opportunity to be heard in his\\ndefense either in person or by counsel and may produce witnesses and\\ntestify in his behalf. A stenographic record of the hearing shall be\\ntaken and preserved. The hearing may be adjourned from time to time. The\\nperson conducting the hearing shall make a written report of his\\nfindings and a recommendation to the secretary of state for decision.\\nThe secretary of state shall review such findings and the recommendation\\nand, after due deliberation, shall issue an order accepting, modifying\\nor rejecting such recommendation and dismissing the charges or\\nsuspending or revoking the license or in lieu thereof imposing a fine or\\nreprimand upon the licensee. For the purpose of this article, the\\nsecretary of state or any officer or employee of the department\\ndesignated by him, may administer oaths, take testimony, subpoena\\nwitnesses and compel the production of books, papers, records and\\ndocuments deemed pertinent to the subject of investigation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-U", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-U", "activeDate" : "2014-09-22", "sequenceNo" : 92, "repealedDate" : null, "fromSection" : "69-U", "toSection" : "69-U", "text" : " § 69-u. Judicial review. The action of the secretary of state in\\nsuspending, revoking or refusing to issue or renew a license, or\\nimposing a fine or reprimand on the holder thereof may be reviewed by a\\nproceeding brought under and pursuant to article seventy-eight of the\\ncivil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-V", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-V", "activeDate" : "2014-09-22", "sequenceNo" : 93, "repealedDate" : null, "fromSection" : "69-V", "toSection" : "69-V", "text" : " § 69-v. Violations and penalties. Any person who shall directly or\\nindirectly engage in the business of installing, servicing or\\nmaintaining security or fire alarm systems or hold himself out to the\\npublic as being able so to do without a license therefor, or who shall\\nviolate any of the provisions of this article, or having had his license\\nsuspended or revoked, shall continue to engage in the business of\\ninstalling, servicing or maintaining security or fire alarm systems or\\nwho, without a license to engage in the business of installing,\\nservicing or maintaining security or fire alarm systems, directly or\\nindirectly employs, permits or authorizes an unlicensed person to engage\\nin the business of installing, servicing or maintaining security or fire\\nalarm systems, shall be guilty of a misdemeanor and, upon conviction,\\nshall be punishable by imprisonment of not more than six months, or by a\\nfine of not more than one thousand dollars or by both such fine and\\nimprisonment upon the first conviction and by imprisonment of not more\\nthan one year or by a fine of not less than one thousand dollars nor\\nmore than five thousand dollars or by both such fine and imprisonment\\nupon a subsequent conviction. Each violation of this article shall be\\ndeemed a separate offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-VV", "title" : "Civil penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-VV", "activeDate" : "2014-09-22", "sequenceNo" : 94, "repealedDate" : null, "fromSection" : "69-VV", "toSection" : "69-VV", "text" : " § 69-vv. Civil penalties. Notwithstanding any inconsistent provision\\nof law, with respect to violations of section sixty-nine-ss of this\\narticle, the secretary of state is authorized, upon the complaint of any\\nperson or on his or her own initiative, to investigate and prosecute\\nviolations of the provisions of such section by persons not licensed\\npursuant to this article and may impose a fine of up to one thousand\\ndollars for the first violation; two thousand dollars for a second such\\nviolation; five thousand dollars for a third violation; and ten thousand\\ndollars for a fourth violation and each subsequent violation. The\\nattorney general, acting on behalf of the secretary of state, may\\ncommence an action or proceeding in a court of competent jurisdiction to\\nobtain a judgment against such unlicensed person in an amount equal to\\nthat imposed as a fine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-W", "title" : "Official acts used as evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-W", "activeDate" : "2014-09-22", "sequenceNo" : 95, "repealedDate" : null, "fromSection" : "69-W", "toSection" : "69-W", "text" : " § 69-w. Official acts used as evidence. The official acts of the\\nsecretary of state and department shall be prima facie evidence of the\\nfacts therein and shall be entitled to be received in evidence in all\\nactions at law and other legal proceedings in any court or before any\\nboard, body or officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-X", "title" : "Disposition of moneys derived from operation of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-X", "activeDate" : "2014-09-22", "sequenceNo" : 96, "repealedDate" : null, "fromSection" : "69-X", "toSection" : "69-X", "text" : " § 69-x. Disposition of moneys derived from operation of article.\\nProcessing fees for the fingerprint search conducted by the division of\\ncriminal justice services shall accompany the fingerprint cards and\\nshall be deposited to the credit of the general fund. All remaining\\nmoneys derived from the operation of this article shall be deposited in\\nthe business and licensing services account established pursuant to\\nsection ninety-seven-y of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-Y", "title" : "Separability clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-Y", "activeDate" : "2014-09-22", "sequenceNo" : 97, "repealedDate" : null, "fromSection" : "69-Y", "toSection" : "69-Y", "text" : " § 69-y. Separability clause. If any part or provision of this article\\nor the application thereof to any person or circumstance be adjudged\\ninvalid by any court of competent jurisdiction, such judgment shall be\\nconfined in its operation to the part, provision or application directly\\ninvolved in the controversy in which such judgment shall have been\\nrendered and shall not affect or impair the validity of the remainder of\\nthis article or the application thereof to other persons or\\ncircumstances and the legislature hereby declares that it would have\\nenacted this article or the remainder thereof had the invalidity of such\\nprovision or application thereof been apparent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "69-Z", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69-Z", "activeDate" : "2014-09-22", "sequenceNo" : 98, "repealedDate" : null, "fromSection" : "69-Z", "toSection" : "69-Z", "text" : " § 69-z. Applicability. 1. The provisions of this article shall not be\\nconstrued to limit in any way the authority of a city with a population\\nof one million or more to enact, implement and continue to enforce local\\nlaws and regulations governing home improvement contractors and their\\nagents or employees that were in effect prior to the effective date of\\nthis article, or to enact, implement and enforce any amendments thereto\\nafter the effective date of this article.\\n 2. The provisions of this article shall govern notwithstanding any\\nother law to the contrary; provided, however, that local law shall\\ngovern with respect to inspection of fire alarms by a fire marshall or\\nany other person designated under such local law; and provided, further,\\nthat this article shall not be held to invalidate any provision of the\\nlaws of this state or any subdivision thereof unless there is a direct\\nconflict between the provision of this article and the provision of such\\nlaw or unless such law is duplicative of this article, in which case\\nthis article shall prevail, except as provided otherwise in subdivision\\none of this section. Except as provided in subdivision one of this\\nsection, no local law shall require any fee or license for the\\ninstallation, servicing or maintaining of security or fire alarm\\nsystems, except that which is provided pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A7", "title" : "Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "7", "activeDate" : "2015-08-21", "sequenceNo" : 99, "repealedDate" : null, "fromSection" : "70", "toSection" : "89-A", "text" : " ARTICLE 7\\n PRIVATE INVESTIGATORS, BAIL ENFORCEMENT\\n AGENTS AND WATCH, GUARD AND PATROL AGENCIES\\nSection 70. Private investigator license.\\n 70-a. Bail enforcement agents and watch, guard or patrol\\n agencies.\\n 71. Definitions.\\n 72. Application for licenses.\\n 73. Enforcement of article; investigations.\\n 74. Issuance of licenses; fee; bonds.\\n 74-a. Notification.\\n 75. Posting and surrender of license certificate.\\n 76. Certificate or pocket card lost or destroyed.\\n 77. Removal of bureau, agency or office.\\n 78. Renewal of licenses.\\n 78-a. Surrender of licenses.\\n 79. Hearings, notice, determinations, review.\\n 80. License certificates, pocket cards or badges.\\n 81. Employees.\\n 82. Employees not to divulge information or make false\\n reports.\\n 83. Application of article.\\n 84. Unlawful acts.\\n 85. Prosecution.\\n 86. Reward may be presumed.\\n 87. Department of state to employ agents; expenses for\\n enforcement of law.\\n 88. Roster of licensees.\\n 89. Inspection by industrial commissioner.\\n 89-a. Disposition of fees and other revenue.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "70", "title" : "Private investigator license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2016-08-19" ], "docLevelId" : "70", "activeDate" : "2016-08-19", "sequenceNo" : 100, "repealedDate" : null, "fromSection" : "70", "toSection" : "70", "text" : " § 70. Private investigator license. 1. The department of state shall\\nhave the power to issue licenses to private investigators. Nothing in\\nthis article shall prevent a private investigator licensed hereunder\\nfrom performing the services of a watch, guard or patrol agency or bail\\nenforcement agent as defined herein; however, a watch, guard or patrol\\nagency or bail enforcement agent may not perform the services of a\\nprivate investigator as defined herein.\\n 2. No person, firm, company, partnership, limited liability company or\\ncorporation shall engage in the business of private investigator or\\nadvertise his, their or its business to be that of private investigator\\nnotwithstanding the name or title used in describing such agency or\\nnotwithstanding the fact that other functions and services may also be\\nperformed for fee, hire or reward, without having first obtained from\\nthe department of state a license so to do, as hereinafter provided, for\\neach bureau, agency, sub-agency, office and branch office to be owned,\\nconducted, managed or maintained by such person, firm, company,\\npartnership, limited liability company or corporation for the conduct of\\nsuch business.\\n 3. No person, firm, company, partnership, limited liability company or\\ncorporation shall engage in the business of furnishing or supplying for\\nfee, hire or any consideration or reward information as to the personal\\ncharacter or activities of any person, firm, company, or corporation,\\nsociety or association, or any person or group of persons, or as to the\\ncharacter or kind of the business and occupation of any person, firm,\\ncompany or corporation, or own or conduct or maintain a bureau or agency\\nfor the above mentioned purposes, except exclusively as to the financial\\nrating, standing, and credit responsibility of persons, firms, companies\\nor corporations, or as to the personal habits and financial\\nresponsibility of applicants for insurance, indemnity bonds or\\ncommercial credit or of claimants under insurance policies, provided the\\nbusiness so exempted does not embrace other activities as described in\\nsection seventy-one of this article, or except where such information is\\nfurnished or supplied by persons licensed under the provisions of\\nsection twenty-four-a or subdivision three-b of section fifty of the\\nworkers' compensation law or representing employers or groups of\\nemployers insured under the workers' compensation law in the state\\ninsurance fund, without having first obtained from the department of\\nstate, as hereafter provided, a license so to do as private investigator\\nfor each such bureau or agency and for each and every sub-agency, office\\nand branch office to be owned, conducted, managed or maintained by such\\npersons, firm, limited liability company, partnership or corporation for\\nthe conduct of such business. Nothing contained in this section shall be\\ndeemed to include the business of adjusters for insurance companies, nor\\npublic adjusters licensed by the superintendent of financial services\\nunder the insurance law of this state.\\n 4. Any person, firm, company, partnership or corporation who violates\\nany provision of this section shall be guilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "70-A", "title" : "Bail enforcement agents and watch, guard or patrol agencies", "docType" : "SECTION", "publishedDates" : [ "2015-08-21", "2016-08-19" ], "docLevelId" : "70-A", "activeDate" : "2016-08-19", "sequenceNo" : 101, "repealedDate" : null, "fromSection" : "70-A", "toSection" : "70-A", "text" : " § 70-a. Bail enforcement agents and watch, guard or patrol agencies.\\n1. The department of state shall have the power to issue separate\\nlicenses to bail enforcement agents and to watch, guard or patrol\\nagencies. Nothing in this article shall prevent a private investigator\\nlicensed hereunder from performing the services of a watch, guard or\\npatrol agency or bail enforcement agent as defined in this article;\\nhowever, a watch, guard or patrol agency or bail enforcement agent may\\nnot perform the services of a private investigator as defined in this\\narticle.\\n 2. No person, firm, company, partnership, limited liability company or\\ncorporation shall engage in the business of bail enforcement agents or\\nthe business of watch, guard or patrol agency, or advertise his, their\\nor its business to be that of bail enforcement agent or watch, guard or\\npatrol agency, notwithstanding the name or title used in describing such\\nagency or notwithstanding the fact that other functions and services may\\nalso be performed for fee, hire or reward, without having first obtained\\nfrom the department of state a license so to do, as hereinafter\\nprovided, for each bureau, agency, sub-agency, office and branch office\\nto be owned, conducted, managed or maintained by such person, firm,\\ncompany, partnership, limited liability company or corporation for the\\nconduct of such business.\\n 3. Any person, firm, company, partnership or corporation who violates\\nany provision of this section shall be guilty of a class B misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "71", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "71", "activeDate" : "2014-09-22", "sequenceNo" : 102, "repealedDate" : null, "fromSection" : "71", "toSection" : "71", "text" : " § 71. Definitions. 1. \"Private investigator\" shall mean and include\\nthe business of private investigator and shall also mean and include,\\nseparately or collectively, the making for hire, reward or for any\\nconsideration whatsoever, of any investigation, or investigations for\\nthe purpose of obtaining information with reference to any of the\\nfollowing matters, notwithstanding the fact that other functions and\\nservices may also be performed for fee, hire or reward; crime or wrongs\\ndone or threatened against the government of the United States of\\nAmerica or any state or territory of the United States of America; the\\nidentity, habits, conduct, movements, whereabouts, affiliations,\\nassociations, transactions, reputation or character of any person, group\\nof persons, association, organization, society, other groups of persons,\\nfirm or corporation; the credibility of witnesses or other persons; the\\nwhereabouts of missing persons; the location or recovery of lost or\\nstolen property; the causes and origin of, or responsibility for fires,\\nor libels, or losses, or accidents, or damage or injuries to real or\\npersonal property; or the affiliation, connection or relation of any\\nperson, firm or corporation with any union, organization, society or\\nassociation, or with any official, member or representative thereof; or\\nwith reference to any person or persons seeking employment in the place\\nof any person or persons who have quit work by reason of any strike; or\\nwith reference to the conduct, honesty, efficiency, loyalty or\\nactivities of employees, agents, contractors, and sub-contractors; or\\nthe securing of evidence to be used before any authorized investigating\\ncommittee, board of award, board of arbitration, or in the trial of\\ncivil or criminal cases. The foregoing shall not be deemed to include\\nthe business of persons licensed by the industrial commissioner under\\nthe provisions of section twenty-four-a or subdivision three-b of\\nsection fifty of the workmen's compensation law or representing\\nemployers or groups of employers insured under the workmen's\\ncompensation law in the state insurance fund, nor persons engaged in the\\nbusiness of adjusters for insurance companies nor public adjusters\\nlicensed by the superintendent of financial services under the insurance\\nlaw of this state.\\n 1-a. \"Bail enforcement agent\" shall mean and include only the business\\nof bail enforcement and shall also mean and include, separately or\\ncollectively, the engaging in the business of enforcing the terms and\\nconditions of a person's release from custody on bail in a criminal\\nproceeding, including locating, apprehending and returning any such\\nperson released from custody on bail who has failed to appear at any\\nstage of a criminal proceeding to answer the charge before the court in\\nwhich he may be prosecuted. The foregoing shall not be deemed to include\\nthe business of persons licensed under the provisions of section\\ntwenty-four-a or subdivision three-b of section fifty of the workers'\\ncompensation law or representing employers or groups of employers\\ninsured under the workers' compensation law in the state insurance fund,\\nnor persons engaged in the business of adjusters for insurance companies\\nnor public adjusters licensed by the superintendent of financial\\nservices under the insurance law of this state or the business of\\nprivate investigator, watch, guard or patrol agency or security guard\\ncompany.\\n 2. \"Watch, guard or patrol agency\" shall mean and include the business\\nof watch, guard or patrol agency and shall also mean and include,\\nseparately or collectively, the furnishing, for hire or reward, of\\nwatchmen or guards or private patrolmen or other persons to protect\\npersons or property or to prevent the theft or the unlawful taking of\\ngoods, wares and merchandise, or to prevent the misappropriation or\\nconcealment of goods, wares or merchandise, money, bonds, stocks, choses\\nin action, notes or other valuable documents, papers, and articles of\\nvalue, or to procure the return thereof or the performing of the service\\nof such guard or other person for any of said purposes. The foregoing\\nshall not be deemed to include the business of persons licensed by the\\nindustrial commissioner under the provisions of section twenty-four-a or\\nsubdivision three-b of section fifty of the workmen's compensation law\\nor representing employers or groups of employers insured under the\\nworkmen's compensation law in the state insurance fund, nor persons\\nengaged in the business of adjusters for insurance companies nor public\\nadjusters licensed by the superintendent of financial services under the\\ninsurance law of this state.\\n 3. The term the \"business of private investigator,\" and the term\\n\"private investigator\" shall mean and include any person, firm, limited\\nliability company, partnership or corporation engaged in the business of\\nprivate investigator as defined in subdivision one of this section with\\nor without the assistance of any employee or employees. The term\\n\"business of watch, guard or patrol agency\" and the term \"watch, guard\\nor patrol agency\" shall mean and include any person, firm, limited\\nliability company, partnership or corporation engaged in the business of\\nwatch, guard or patrol agency as defined in subdivision two of this\\nsection or the business of a security guard company as defined in\\nsubdivision five of section eighty-nine-f of this chapter with or\\nwithout the assistance of any employee or employees. For the purposes of\\nthis article, a public entity as defined in subdivision seven of section\\neighty-nine-f of this chapter or a security guard company which utilizes\\nsecurity guards solely for its own proprietary use shall not be deemed a\\nsecurity guard company.\\n 4. The term \"business of bail enforcement agent\" and the term \"bail\\nenforcement agent\" shall mean and include any person, firm, company,\\npartnership or corporation engaged in the business of bail enforcement\\nas defined in subdivision one-a of this section with or without the\\nassistance of any employee or employees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "72", "title" : "Application for licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "72", "activeDate" : "2020-04-17", "sequenceNo" : 103, "repealedDate" : null, "fromSection" : "72", "toSection" : "72", "text" : " § 72. Application for licenses. Any person, firm, partnership, limited\\nliability company or corporation intending to conduct the business of\\nprivate investigator, business of bail enforcement agent or the business\\nof watch, guard or patrol agency, and any person, firm, partnership,\\nlimited liability company or corporation intending to conduct the\\nbusiness of furnishing or supplying information as to the personal\\ncharacter of any person or firm, or as to the character or kind of the\\nbusiness and occupation of any person, firm or corporation, society or\\nassociation or any person or group of persons, or intending to own,\\nconduct, manage or maintain a bureau or agency for the above mentioned\\npurposes, or while engaged in other lawful business activities also\\nintending to engage in any one or more of the activities set forth in\\nsection seventy-one of this article except exclusively as to the\\nfinancial rating, standing, and credit responsibility of persons, firms,\\ncompanies or corporations or as to personal habits and financial\\nresponsibility of applicants for insurance indemnity bonds or commercial\\ncredit or of claimants under insurance policies shall, for each such\\nbureau or agency and for each and every sub-agency, office and branch\\noffice to be owned, conducted, managed or maintained by such person,\\nfirm, partnership, limited liability company or corporation for the\\nconduct of such business, file in the office of the department of state\\na written application, on forms provided by the department containing\\nsuch information and documentation, including fingerprints, as the\\nsecretary of state may require by rule and regulation.\\n 1. If the applicant is a person, the application shall be subscribed\\nby such person, and if the applicant is a firm or partnership the\\napplication shall be subscribed by each individual composing or\\nintending to compose such firm or partnership. The application shall\\nstate the full name, age, residences within the past three years,\\npresent and previous occupations of each person or individual so signing\\nthe same, and shall also specify the name of the city, town or village,\\nstating the street and number, if the premises have a street and number,\\nand otherwise such apt description as will reasonably indicate the\\nlocation thereof, where is to be located the principal place of business\\nand the bureau, agency, sub-agency, office or branch office for which\\nthe license is desired, and such further facts as may be required by the\\ndepartment of state to show the good character, competency and integrity\\nof each person or individual so signing such application. Each person or\\nindividual signing such application shall, together with such\\napplication, submit to the department of state, his photograph, taken\\nwithin six months prior thereto in duplicate, in passport size and also\\ntwo sets of fingerprints of his two hands recorded in such manner as may\\nbe specified by the secretary of state or the secretary of state's\\nauthorized representative. Before approving such application it shall be\\nthe duty of the secretary of state or the secretary of state's\\nauthorized representative to forward one copy of such fingerprints to\\nthe division of criminal justice services. Upon receipt of such\\nfingerprints, such division shall forward to the secretary of state a\\nreport with respect to the applicant's previous criminal history, if\\nany, or a statement that the applicant has no previous criminal history\\naccording to its files. If additional copies of fingerprints are\\nrequired the applicant shall furnish them upon request. Such\\nfingerprints may be submitted to the federal bureau of investigation for\\na national criminal history record check. The secretary shall reveal the\\nname of the applicant to the chief of police and the district attorney\\nof the applicant's residence and of the proposed place of business and\\nshall request of them a report concerning the applicant's character in\\nthe event they shall have information concerning it. The secretary shall\\ntake such other steps as may be necessary to investigate the honesty,\\ngood character and integrity of each applicant. Every such applicant for\\na license as private investigator shall establish to the satisfaction of\\nthe secretary of state (a) if the applicant be a person, or, (b) in the\\ncase of a firm, limited liability company, partnership or corporation,\\nat least one member of such firm, partnership, limited liability company\\nor corporation, has been regularly employed, for a period of not less\\nthan three years, undertaking such investigations as those described as\\nperformed by a private investigator in subdivision one of section\\nseventy-one of this article, as a sheriff, police officer in a city or\\ncounty police department, or the division of state police, investigator\\nin an agency of the state, county, or United States government, or\\nemployee of a licensed private investigator, or has had an equivalent\\nposition and experience or that such person or member was an employee of\\na police department who rendered service therein as a police officer for\\nnot less than twenty years or was an employee of a fire department who\\nrendered service therein as a fire marshal for not less than twenty\\nyears. However, employment as a watchman, guard or private patrolman\\nshall not be considered employment as a \"private investigator\" for\\npurposes of this section. Every such applicant for a license as watch,\\nguard or patrol agency shall establish to the satisfaction of the\\nsecretary of state (a) if the applicant be a person, or, (b) in the case\\nof a firm, limited liability company, partnership or corporation, at\\nleast one member of such firm, partnership, limited liability company or\\ncorporation, has been regularly employed, for a period of not less than\\ntwo years, performing such duties or providing such services as\\ndescribed as those performed or furnished by a watch, guard or patrol\\nagency in subdivision two of section seventy-one of this article, as a\\nsheriff, police officer in a city or county police department, or\\nemployee of an agency of the state, county or United States government,\\nor licensed private investigator or watch, guard or patrol agency, or\\nhas had an equivalent position and experience; qualifying experience\\nshall have been completed within such period of time and at such time\\nprior to the filing of the application as shall be satisfactory to the\\nsecretary of state. The person or member meeting the experience\\nrequirement under this subdivision and the person responsible for the\\noperation and management of each bureau, agency, sub-agency, office or\\nbranch office of the applicant shall provide sufficient proof of having\\ntaken and passed a written examination prescribed by the secretary of\\nstate to test their understanding of their rights, duties and powers as\\na private investigator and/or watchman, guard or private patrolman,\\ndepending upon the work to be performed under the license. In the case\\nof an application subscribed by a resident of the state of New York such\\napplication shall be approved, as to each resident person or individual\\nso signing the same, but not less than five reputable citizens of the\\ncommunity in which such applicant resides or transacts business, or in\\nwhich it is proposed to own, conduct, manage or maintain the bureau,\\nagency, sub-agency, office or branch office for which the license is\\ndesired, each of whom shall subscribe and affirm as true, under the\\npenalties of perjury, that he has personally known the said person or\\nindividual for a period of at least five years prior to the filing of\\nsuch application, that he has read such application and believes each of\\nthe statements made therein to be true, that such person is honest, of\\ngood character and competent, and not related or connected to the person\\nso certifying by blood or marriage. In the case of an application\\nsubscribed by a non-resident of the state of New York such application\\nshall be approved, as to each non-resident person or individual so\\nsigning the same by not less than five reputable citizens of the\\ncommunity in which such applicant resides. The certificate of approval\\nshall be signed by such reputable citizens and duly verified and\\nacknowledged by them before an officer authorized to take oaths and\\nacknowledgment of deeds. All provisions of this section, applying to\\ncorporations, shall also apply to joint-stock associations, except that\\neach such joint-stock association shall file a duly certified copy of\\nits certificate of organization in the place of the certified copy of\\nits certificate of incorporation herein required.\\n 1-a. Every such applicant for a license as bail enforcement agent\\nshall establish to the satisfaction of the secretary of state (a) if the\\napplicant be a person, or (b) in the case of a firm, company,\\npartnership, or corporation, at least one member of such firm,\\npartnership, company or corporation, has been regularly employed, for a\\nperiod of not less than three years, performing such duties or providing\\nsuch services as described as those furnished by a bail enforcement\\nagent in section seventy-one of this article, as a sheriff, police\\nofficer in a city or county police department, or the division of state\\npolice, investigator in an agency of the state, county, or United States\\ngovernment, or employee of a licensed private investigator, or has had\\nan equivalent position and experience or that such person or member was\\nan employee of a police department who rendered service therein as a\\npolice officer for not less than twenty years or was an employee of a\\nfire department who rendered service therein as a fire marshal for not\\nless than twenty years.\\n 1-b. The person or member meeting the experience requirement under\\nsubdivisions one and one-a of this section and any person or member of\\nsuch firm, company, partnership or corporation who engages in the\\napprehension and return of suspects who fail to appear before the court\\nmust either satisfactorily complete a basic certification course in\\ntraining for bail enforcement agents offered by a provider that is\\napproved by the secretary of state; or such person or member must have\\nserved as a police officer, as that term is defined in subdivision\\nthirty-four of section 1.20 of the criminal procedure law, for a period\\nof not less than three years.\\n The basic course of training shall include at least twenty-five hours\\nof training approved by the secretary of state and must include\\ninstruction on issues involved with the rights and limitations involving\\nthe bailee/fugitive who signs a contract with the bail enforcement\\nagent. Completion of the course shall be for educational purposes only\\nand not intended to confer the power of arrest of a peace officer or\\npublic officer, or agent of any federal, state, or local government,\\nunless the person is so employed by a governmental agency.\\n 2. If the applicant is a corporation, the application shall be\\nsubscribed by the president, secretary, treasurer, and all other\\nofficers and directors working for such corporation within the state of\\nNew York, and shall specify the name of the corporation, the date and\\nplace of its incorporation, the location of its principal place of\\nbusiness, and the name of the city, town or village, stating the street\\nand number, if the premises have a street and number, and otherwise such\\napt description as will reasonably indicate the location thereof, where\\nis to be located the bureau, agency, sub-agency, office or branch office\\nfor which the license is desired, the amount of the corporation's\\noutstanding paid up capital stock and whether paid in cash or property,\\nand, if in property, the nature of the same, and shall be accompanied by\\na duly certified copy of its certificate of incorporation. Each and\\nevery requirement as to character of subdivision one of this section as\\nto a person or individual member of a firm or partnership shall apply to\\nthe president, secretary, treasurer and all other officers and directors\\nworking for such corporation within the state of New York and each such\\nofficer and director, his successor and successors shall prior to\\nentering upon the discharge of his duties subscribe a like statement,\\napproved in like manner, as is by said subdivision one prescribed in the\\ncase of a person or individual member of a firm or partnership.\\n 3. Each person subscribing an application pursuant to this section\\nshall affirm that the statements therein are true under the penalties of\\nperjury.\\n 4. The secretary of state may deny, suspend or revoke the license of a\\ncorporation if, at any time, ten per centum or more of the corporate\\nstock is held by a person who cannot meet the character standard set for\\nan individual licensee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "73", "title" : "Enforcement of article; investigations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "73", "activeDate" : "2014-09-22", "sequenceNo" : 104, "repealedDate" : null, "fromSection" : "73", "toSection" : "73", "text" : " § 73. Enforcement of article; investigations. 1. The secretary of\\nstate shall have the power to enforce the provisions of this article and\\narticle seven-A of this chapter and upon complaint of any person, or on\\nhis own initiative, to investigate any violation thereof or to\\ninvestigate the business, business practices and business methods of any\\nperson, firm, limited liability company, partnership or corporation\\napplying for or holding a license as a private investigator, bail\\nenforcement agent or watch, guard or patrol agency, if in the opinion of\\nthe secretary of state such investigation is warranted. Each such\\napplicant or licensee shall be obliged, on request of the secretary of\\nstate, to supply such information, books, papers or records as may be\\nrequired concerning his, their or its business, business practices or\\nbusiness methods, or proposed business practices or methods. Failure to\\ncomply with a lawful request of secretary shall be a ground for denying\\nan application for a license, or for revoking, suspending, or failing to\\nrenew a license issued under this article.\\n 2. For the purpose of enforcing the provisions of this article and\\narticle seven-A of this chapter, and in making investigations relating\\nto any violation thereof, and for the purpose of investigating the\\ncharacter, competency and integrity of the applicants or licensees\\nhereunder, and for the purpose of investigating the business, business\\npractices and business methods of any applicant or licensee, or of the\\nofficers or agents thereof, the department of state, acting by such\\nofficer or person in the department as the secretary of state may\\ndesignate, shall have the power to subpoena and bring before the officer\\nor person so designated any person in this state and require the\\nproduction of any books, records or papers which he deems relevant to\\nthe inquiry and administer an oath to and take testimony of any person\\nor cause his deposition to be taken, except that any applicant or\\nlicensee or officer or agent thereof shall not be entitled to fees\\nand/or mileage. A subpoena issued under this section shall be regulated\\nby the civil practice law and rules. Any person, duly subpoenaed, who\\nfails to obey such subpoena without reasonable cause or without such\\ncause refuses to be examined or to answer any legal or pertinent\\nquestion as to the character or qualification of such applicant or\\nlicensee or such applicant's or licensee's business, business practices\\nand methods or such violations, shall be guilty of a misdemeanor. The\\ntestimony of witnesses in any investigative proceeding shall be under\\noath, which the secretary of state or one of his deputies, or a\\nsubordinate of the department of state designated by the secretary of\\nstate, may administer, and wilful false swearing in any such proceeding\\nshall be perjury.\\n 3. Licensees hereunder must maintain such records as the secretary of\\nstate by rule determines and in addition, the secretary may prescribe by\\nrule that further records be kept by certain classes of licensees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "74", "title" : "Issuance of licenses; fee; bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "74", "activeDate" : "2014-09-22", "sequenceNo" : 105, "repealedDate" : null, "fromSection" : "74", "toSection" : "74", "text" : " § 74. Issuance of licenses; fee; bonds. 1. (a) The application shall\\nbe accompanied by a non-refundable fee, payable to the department of\\nstate for the use of the state, for each certificate of license, as\\nhereinbelow enumerated, issued to the applicant, if the applicant be an\\nindividual, of four hundred dollars for a license as private\\ninvestigator or bail enforcement agent or a fee of three hundred dollars\\nfor a license as watch, guard or patrol agency, or if the applicant be a\\nfirm, partnership, limited liability company or corporation, a fee of\\nfive hundred dollars for a license as private investigator or bail\\nenforcement agent or a fee of four hundred dollars for a license as\\nwatch, guard or patrol agency.\\n (b) When the application shall have been examined and such further\\ninquiry and investigation made as the secretary of state shall deem\\nproper, and when the secretary of state shall be satisfied therefrom of\\nthe good character, competency and integrity of such applicant, or, if\\nthe applicant be a firm or partnership, the individual members thereof,\\nor if the applicant be a limited liability company, the individual\\nmembers thereof, or if the applicant be a corporation, the president,\\nsecretary, treasurer and all other officers and all directors thereof,\\nand each stockholder owning ten per centum or more of the stock and a\\nperiod to ten days from the date of the filing of the application shall\\nhave passed, the department of state shall issue and deliver to such\\napplicant a certificate of license to conduct such business and to own,\\nconduct or maintain a bureau, agency, sub-agency, office or branch\\noffice for the conduct of such business on the premises stated in such\\napplication upon the applicant's executing, delivering and filing in the\\noffice of such department a surety company bond in the sum of ten\\nthousand dollars; provided however, that an applicant for a license as a\\nbail enforcement agent shall execute, deliver and file with the office\\nof such department a surety company bond in the sum of five hundred\\nthousand dollars, conditioned for the faithful and honest conduct of\\nsuch business by such applicant, which surety bond must be written by a\\ncompany recognized and approved by the superintendent of financial\\nservices of the state, and approved by the department of state with\\nrespect to its form, manner of execution and sufficiency provided,\\nfurther, however, before a license is issued to a non-resident the\\napplicant must file with the secretary of state a written consent to the\\njurisdiction of the courts of New York (i) in any case or cases arising\\nfrom any contract for the performance of private investigative services\\nas private investigator, bail enforcement agent or watch, guard or\\npatrol agency, made within the state or to be performed, wholly or in\\npart, within the state or in any way connected with the conduct of\\nbusiness within the state, and (ii) in any case or cases arising from\\nany tort occurring within the state or occurring in connection with the\\nbusiness of the licensee within the state. The license as private\\ninvestigator, bail enforcement agent or watch, guard or patrol agency\\ngranted pursuant to this article shall last for a period of two years,\\nbut shall be revocable at all times by the department of state for cause\\nshown. Such bond shall be taken in the name of the people of the state\\nof New York, and any person injured by the violation of any of the\\nprovisions of this article or by the wilful, malicious and wrongful act\\nof the principal or employee may bring an action against such principal,\\nemployee or both on said bond in his own name to recover damages\\nsuffered by reason of such wilful, malicious and wrongful act. In each\\nand every suit, or prosecution arising out of this article, the agency\\nof any employee as to the employment and as to acting in the course of\\nhis employment, shall be presumed. The license certificate shall be in a\\nform to be prescribed by the secretary of state and shall specify the\\nfull name of the applicant, the location of the principal office or\\nplace of business and the location of the bureau, agency, sub-agency,\\noffice or branch office for which the license is issued, the date on\\nwhich it is issued, the date on which it will expire and the names and\\nresidences of the applicant or applicants filing the statement required\\nby section seventy-two of this article upon which the license is issued\\nand in the event of a change of any such address or residence the\\ndepartment of state shall be duly notified in writing of such change\\nwithin twenty-four hours thereafter, and failure to give such\\nnotification shall be sufficient cause for revocation of such license.\\nNo such license as private investigator, bail enforcement agent or\\nwatch, guard or patrol agency shall be issued to a person under the age\\nof twenty-five years.\\n (c) The secretary of state shall receive a non-refundable examination\\nfee of fifteen dollars from each person who takes an examination to\\nqualify for application for licensure pursuant to this article. Fees\\npaid to the department of state pursuant to this article shall be\\ndeposited in the business and licensing services account established\\npursuant to section ninety-seven-y of the state finance law.\\n 2. Except as hereinafter in this subdivision provided, no such license\\nshall be issued to any person who has been convicted in this state or\\nany other state or territory of a felony, or any of the following\\noffenses, to wit: (a) illegally using, carrying or possessing a pistol\\nor other dangerous weapon; (b) making or possessing burglar's\\ninstruments; (c) buying or receiving or criminally possessing stolen\\nproperty; (d) unlawful entry of a building; (e) aiding escape from\\nprison; (f) unlawfully possessing or distributing habit forming narcotic\\ndrugs; (g) violating subdivision six of section seven hundred twenty-two\\nof the former penal law as in force and effect immediately prior to\\nSeptember first, nineteen hundred sixty-seven, or violating section\\n165.25 or 165.30 of the penal law; (h) violating section seven hundred\\nforty-two, section seven hundred forty-three, or section seven hundred\\nforty-five of the said former penal law, or violating any section\\ncontained in article two hundred fifty of the penal law. Except as\\nhereinafter in this subdivision provided, no license shall be issued to\\nany person whose license has been previously revoked by the department\\nof state or the authorities of any other state or territory because of\\nconviction of any of the offenses specified in this section. The\\nprovisions of this subdivision shall not prevent the issuance of a\\nlicense to any person who, subsequent to his conviction, shall have\\nreceived executive pardon therefor removing this disability, or who has\\nreceived a certificate of relief from disabilities or a certificate of\\ngood conduct pursuant to article twenty-three of the correction law to\\nremove the disability under this section because of such conviction or\\nprevious license revocation occasioned thereby.\\n 3. There shall be kept in the office of the department of state a\\nbulletin board, in a place accessible to the general public, on which\\nshall be posted at noon on Friday of each week the following: a\\nstatement of all pending applications for licenses under this article,\\ngiving the name of the applicant, and whether individual, firm, limited\\nliability company or corporation, and the proposed business address; a\\nsimilar statement of all such licenses issued during the preceding week;\\na similar statement of all such licenses revoked during the preceding\\nweek. No holder of an employment agency license shall be licensed under\\nthis article. While holding a license under this article a licensee\\nshall not simultaneously hold an employment agency license or have\\nfinancial interest in or participate in the control and management of\\nany employment agency or any other person, firm, limited liability\\ncompany or corporation engaged in private detective business except that\\na licensee hereunder may own or possess stock in any corporation whose\\nonly business is to undertake for hire the preparation of payrolls and\\nthe transportation of payrolls, moneys, securities and other valuables\\nor whose only business is to provide or furnish protective, guard or\\nprivate investigator service to: (a) the government of the United States\\nor any subdivision, department or agency of the government of the United\\nStates, the government of the state of New York or any of its\\nsubdivisions, departments, commissions or agencies; or (b) a corporation\\ncreated under or subject to the provisions of chapter four hundred forty\\nof the laws of nineteen hundred twenty-six or chapter two hundred\\nfifty-four of the laws of nineteen hundred forty. In the event of the\\nfiling in the office of the department of state a verified statement of\\nobjections to the issuance of a license under the provisions of this\\narticle, no license shall be issued to such applicant until all\\nobjections shall have been heard in a public hearing and a determination\\nmade in a manner provided by section seventy-nine of this article.\\n 4. For changing the name on a license or for changing the status of a\\nlicense, the secretary of state shall receive a non-refundable fee of\\none hundred fifty dollars.\\n 5. For changing the address on a license, the secretary of state shall\\nreceive a non-refundable fee of ten dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "74-A", "title" : "Notification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "74-A", "activeDate" : "2014-09-22", "sequenceNo" : 106, "repealedDate" : null, "fromSection" : "74-A", "toSection" : "74-A", "text" : " § 74-a. Notification. Prior to taking or attempting to take into\\ncustody a person, a bail enforcement agent shall notify a local law\\nenforcement agency having jurisdiction over the area in which the person\\nis believed to be located of such bail enforcement agent's intentions.\\nThe notification shall be provided on a form prescribed by the local law\\nenforcement agency. Notwithstanding, the form shall include information\\nincluding but not limited to name, address, local address and motor\\nvehicle registration of said agent. The local law enforcement agency in\\nprescribing such form may consult with the division of criminal justice\\nservices. A representative of a local law enforcement agency may\\naccompany a bail enforcement agent when the bail enforcement agent\\nenters what is believed to be an occupied structure to search for or to\\napprehend a person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "75", "title" : "Posting and surrender of license certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "75", "activeDate" : "2014-09-22", "sequenceNo" : 107, "repealedDate" : null, "fromSection" : "75", "toSection" : "75", "text" : " § 75. Posting and surrender of license certificate. Immediately upon\\nthe receipt of the license certificate issued by the department of state\\npursuant to this article, the licensee named therein shall cause such\\nlicense certificate to be posted up and at all times displayed in a\\nconspicuous place in the bureau, agency, sub-agency, office or branch\\noffice for which it is issued, so that all persons visiting such place\\nmay readily see the same. Such license certificate shall at all\\nreasonable times be subject to inspection by the secretary of state or\\nan authorized representative or representatives of the department of\\nstate. It shall be unlawful for any person, firm, partnership, limited\\nliability company or corporation holding such license certificate to\\npost such certificate or to permit such certificate to be posted upon\\npremises other than those described therein or to which it has been\\ntransferred pursuant to the provisions of this article, or knowingly to\\nalter, deface or destroy any such license certificate. Every license\\ncertificate shall be surrendered to the department of state within\\nseventy-two hours after its terms shall have expired or after notice in\\nwriting to the holder that such license has been revoked. Failure to\\ncomply with any of the provisions of this section is a misdemeanor and\\nsufficient cause for the revocation of a license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "76", "title" : "Certificate or pocket card lost or destroyed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "76", "activeDate" : "2014-09-22", "sequenceNo" : 108, "repealedDate" : null, "fromSection" : "76", "toSection" : "76", "text" : " § 76. Certificate or pocket card lost or destroyed. If it shall be\\nestablished to the satisfaction of the secretary of state, in accordance\\nwith rules and regulations of such department, that an unexpired license\\ncertificate or pocket card, issued in accordance with the provisions of\\nthis article, has been lost or destroyed without fault on the part of\\nthe holder, such department shall issue a duplicate license certificate\\nor pocket card for the unexpired portion of the term of the original\\nlicense certificate. The secretary of state shall receive a\\nnon-refundable fee of ten dollars for issuing a duplicate certificate of\\nlicense or identification card.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "77", "title" : "Removal of bureau, agency or office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "77", "activeDate" : "2014-09-22", "sequenceNo" : 109, "repealedDate" : null, "fromSection" : "77", "toSection" : "77", "text" : " § 77. Removal of bureau, agency or office. If the holder of an\\nunexpired license certificate issued pursuant to this article shall\\nremove the bureau, agency, sub-agency, office or branch office to a\\nplace other than that described in the license certificate, he shall,\\nwithin the twenty-four hours immediately following such removal, give\\nwritten notice of such removal to the department of state, which notice\\nshall describe the premises to which such removal is made and the date\\non which it was made, and send such license certificate to such\\ndepartment, at its office in the city of Albany, and such department\\nshall cause to be written or stamped across the face of such license\\ncertificate a statement, signed by the secretary of state or an\\nauthorized subordinate of the department of state, to the effect that\\nthe holder of such license has removed, on the date stated in such\\nwritten notice, such bureau, agency, sub-agency, office or branch office\\nfrom the place originally described in such license certificate to the\\nplace described in such written notice, and such license certificate\\nwith the indorsement thereon shall then be returned to the licensee\\nnamed therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "78", "title" : "Renewal of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "78", "activeDate" : "2014-09-22", "sequenceNo" : 110, "repealedDate" : null, "fromSection" : "78", "toSection" : "78", "text" : " § 78. Renewal of licenses. A license granted under the provisions of\\nthis article may be renewed by the department of state upon application\\ntherefor by the holder thereof, in such form as such department may\\nprescribe, accompanied by the non-refundable fee and surety bond each in\\namounts equivalent to those specified in section seventy-four of this\\narticle as pertaining to original licenses. The application shall be\\nfiled six weeks before the expiration date of the license unless the\\napplication is accompanied by a non-refundable late filing fee of one\\nhundred dollars. In no event will renewal be granted more than six\\nmonths after the date of expiration of a license. No person, firm,\\nlimited liability company, partnership or corporation shall carry on any\\nbusiness subject to this article during any period which may exist\\nbetween the date of expiration of a license and the renewal thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "78-A", "title" : "Surrender of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "78-A", "activeDate" : "2014-09-22", "sequenceNo" : 111, "repealedDate" : null, "fromSection" : "78-A", "toSection" : "78-A", "text" : " § 78-a. Surrender of licenses. A license issued pursuant to this\\narticle may not be surrendered nor may any licensee resign as such\\nlicensee without the written approval of the secretary of state or any\\ndeputy authorized to act for him.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "79", "title" : "Hearings, notice, determinations, review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "79", "activeDate" : "2014-09-22", "sequenceNo" : 112, "repealedDate" : null, "fromSection" : "79", "toSection" : "79", "text" : " § 79. Hearings, notice, determinations, review. 1. The department of\\nstate shall have the power to revoke or suspend any license, or in lieu\\nthereof to impose a fine not exceeding one thousand dollars payable to\\nthe department of state, or reprimand any licensee or deny an\\napplication for a license or renewal thereof upon proof:\\n (a) that the applicant or licensee has violated any of the provisions\\nof this article or the rules and regulations promulgated hereunder;\\n (b) that the applicant or licensee has practiced fraud, deceit or\\nmisrepresentation;\\n (c) that the applicant or licensee has made a material misstatement in\\nthe application for or renewal of his license;\\n (d) that the applicant or licensee has demonstrated incompetence or\\nuntrustworthiness in his actions;\\n (e) that the applicant or licensee has violated any of the provisions\\nof article seven-A of this chapter or the rules and regulations\\npromulgated thereunder.\\n 2. The department of state shall, before denying an application for a\\nlicense or before revoking or suspending any license, excepting a\\ntemporary suspension as provided in subdivision five of this section, or\\nimposing any fine or reprimand, and at least fifteen days prior to the\\ndate set for the hearing, and upon due notice to the complainant or\\nobjector, notify in writing the applicant for, or the holder of such\\nlicense of any charge made and shall afford said applicant, or licensee,\\nan opportunity to be heard in person or by counsel in reference thereto.\\nSuch written notice may be served by delivery of same personally to the\\napplicant or licensee, or by mailing same by certified mail to the last\\nknown business address of such applicant or licensee.\\n 3. The hearing on such charges shall be at such time and place as the\\ndepartment of state shall prescribe and shall be conducted by such\\nofficer or person in the department as the secretary of state may\\ndesignate, who shall have the power to subpoena and bring before the\\nofficer or person so designated any person in this state, and administer\\nan oath to and take testimony of any person or cause his deposition to\\nbe taken. A subpoena issued under this section shall be regulated by the\\ncivil practice law and rules. Such officer or person in the department\\nof state designated to take such testimony shall not be bound by common\\nlaw or statutory rules of evidence or by technical or formal rules of\\nprocedure.\\n 4. In the event that the department shall deny the application for, or\\nrevoke or suspend any such license, or impose any fine or reprimand, its\\ndetermination shall be in writing and officially signed. The original of\\nsuch determination, when so signed, shall be filed in the office of the\\ndepartment and copies thereof shall be mailed to the applicant or\\nlicensee and to the complainant within two days after the filing thereof\\nas herein prescribed.\\n 5. The department, acting by the officer or person designated to\\nconduct the hearing pursuant to subdivision three above or by such other\\nofficer or person in the department as the secretary of state may\\ndesignate, shall have the power to suspend the license of any licensee\\nwho has been convicted in this state or any other state or territory of\\na felony or of any misdemeanor or offense enumerated under subdivision\\ntwo of section seventy-four or under section eighty-four of this chapter\\nfor a period not exceeding thirty days pending a hearing and a\\ndetermination of charges made against him. If such hearing is adjourned\\nat the request of the licensee, or by reason of any act or omission by\\nhim or on his behalf, such suspension may be continued for the\\nadditional period of such adjournment.\\n 6. The action of the department of state in granting or refusing to\\ngrant or to renew a license under this article or in revoking or\\nsuspending or refusing to revoke or suspend such a license or imposing\\nany fine or reprimand shall be subject to review by a proceeding\\ninstituted under article seventy-eight of the civil practice law and\\nrules at the instance of the applicant for such license, the holder of a\\nlicense so revoked, suspended, fined or reprimanded or the person\\naggrieved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "80", "title" : "License certificates, pocket cards or badges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "80", "activeDate" : "2014-09-22", "sequenceNo" : 113, "repealedDate" : null, "fromSection" : "80", "toSection" : "80", "text" : " § 80. License certificates, pocket cards or badges. Upon the issuing\\nof a license as hereinbefore provided the department of state shall\\nissue to each person, partner, member of a limited liability company or\\nofficer of a corporation making and filing a statement required by\\nsection seventy-two of this article a pocket card of such size and\\ndesign as the department of state may prescribe, which card shall\\ncontain a photograph of the licensee, the name and business address of\\nthe licensee and the imprint or impress of the seal of the department of\\nstate which pocket card shall be evidence of due authorization pursuant\\nto the terms of this article. All persons to whom such license\\ncertificates or pocket cards shall have been issued shall be responsible\\nfor the safe keeping of the same, and shall not lend, enable, let or\\nallow any other person to have, hold, use or display such certificate or\\npocket card; and any person so parting with such a license certificate\\nor pocket card or displaying the same without authority, or who shall\\ndisplay any license certificate or pocket card purporting to authorize\\nthe holder thereof to act as a private investigator, bail enforcement\\nagent or watch, guard or patrol agency, unless the same shall have been\\nduly issued pursuant to the provisions of this article, shall be guilty\\nof a misdemeanor. Failure to comply with the provisions of this section\\nshall be sufficient cause for revocation of such license, and all such\\ncertificates or pocket cards shall be returned to the department of\\nstate within seventy-two hours after the holder thereof has received\\nnotice in writing of the expiration or revocation of such license. It\\nshall be unlawful for a holder of a license or anyone else to\\ndistribute, possess, use or display any license certificate, pocket\\ncard, badge, shield or any other indicia of a license status pursuant to\\nthis article except as set forth in this article. Any person who is a\\nlicensee hereunder or an officer or authorized employee of any other\\nperson, firm, limited liability company or corporation, whether or not\\nlicensed hereunder, while performing the services of a watchman, guard\\nor private patrolman, may wear on his outer clothing a rectangular metal\\nor woven insignia approved by the department of state, which insignia\\nshall not be larger than three inches high nor four inches wide with an\\ninscription thereon containing the word \"watchman\", \"guard\", \"patrol\" or\\n\"special service\" and the name of such licensee or employer. It shall be\\nunlawful for any employer, whether or not licensed hereunder, to wear or\\ndistribute to his, their or its employees any employment identification\\nexcept as authorized in this article and approved by the secretary of\\nstate. Any person violating any provision of this section shall be\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "81", "title" : "Employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "81", "activeDate" : "2020-04-17", "sequenceNo" : 114, "repealedDate" : null, "fromSection" : "81", "toSection" : "81", "text" : " § 81. Employees. 1. The holder of any license certificate issued\\npursuant to this article may employ to assist him in his work of private\\ndetective or investigator or bail enforcement agent as described in\\nsection seventy-one of this article and in the conduct of such business\\nas many persons as he may deem necessary, and shall at all times during\\nsuch employment be legally responsible for the good conduct in the\\nbusiness of each and every person so employed.\\n No holder of any unexpired license certificate issued pursuant to this\\narticle shall knowingly employ in connection with his or its business in\\nany capacity whatsoever, any person who has been convicted of a felony\\nor any of the offenses specified in subdivision two of section\\nseventy-four of this article, and who has not subsequent to such\\nconviction received executive pardon therefor removing this disability,\\nor received a certificate of relief from disabilities or a certificate\\nof good conduct pursuant to article twenty-three of the correction law\\nto remove the disability under this section because of such a\\nconviction, or any person whose private detective or investigator's\\nlicense or bail enforcement agent's license was revoked or application\\nfor such license was denied by the department of state or by the\\nauthorities of any other state or territory because of conviction of any\\nof such offenses. Should the holder of an unexpired license certificate\\nfalsely state or represent that a person is or has been in his employ,\\nsuch false statement or misrepresentation shall be sufficient cause for\\nthe revocation of such license. Any person falsely stating or\\nrepresenting that he is or has been a detective or employed by a\\ndetective agency or that he is or has been a bail enforcement agent or\\nemployed by a bail enforcement agency shall be guilty of a misdemeanor.\\n 2. No person shall hereafter be employed by any holder of a license\\ncertificate until he shall have executed and furnished to such license\\ncertificate holder a verified statement, to be known as \"employee's\\nstatement,\" setting forth:\\n (a) His full name, age and residence address.\\n (b) The business or occupation engaged in for the three years\\nimmediately preceding the date of the filing of the statement, setting\\nforth the place or places where such business or occupation was engaged\\nin, and the name or names of employers, if any.\\n (c) That he has not been convicted of a felony or of any offense\\ninvolving moral turpitude or of any of the misdemeanors or offenses\\ndescribed in subdivision one of this section.\\n (d) Such further information as the department of state may by rule\\nrequire to show the good character, competency, and integrity of the\\nperson executing the statement.\\n 3. Immediately upon the verification of an employee's statement, the\\nholder of a license certificate by whom such person has been or is to be\\nemployed shall cause two sets of fingerprints of the two hands of such\\nperson to be recorded in such manner as the department of state may by\\nrule prescribe. The holder of a license certificate shall immediately\\nstamp in indelible ink the employee's statement and each set of\\nfingerprints with the name, year and license certificate number of such\\nholder and a number, which number shall be determined by the number of\\nsuch statements furnished to such holder and shall be in numerical\\nsequence.\\n 4. The holder of a license certificate shall affix one set of such\\nfingerprints to the employee's statement in such manner that the prints\\ncan be examined without disclosing the contents of the employee's\\nstatement and shall retain such statement and prints so long as he shall\\nbe licensed under this article by the department of state.\\n 5. The holder of a license certificate shall file the other set of\\nfingerprints with the department of state by forwarding the same by\\nregistered mail to the office of the secretary of state, Albany, New\\nYork, within twenty-four hours of such employment.\\n 6. Within five days after the filing of such fingerprints the\\nsecretary of state shall cause such fingerprints to be compared with\\nfingerprints filed with the division of criminal justice services and,\\nif he finds any record of any conviction as defined in the criminal\\nprocedure law of a felony or any other offense specified in subdivision\\none of this section, he shall immediately notify the holder of such\\nlicense certificate and shall also refer the matter to the\\nattorney-general. The secretary of state may also submit fingerprints to\\nthe federal bureau of investigation for a national criminal history\\nrecord check and may, from time to time, cause such fingerprints to be\\nchecked against the fingerprints filed with the division of criminal\\njustice services or of other official fingerprint files within or\\nwithout this state, and if he finds that such person has been convicted\\nof a felony or any other offense specified in subdivision one of this\\nsection he shall immediately notify the holder of such license\\ncertificate and shall also refer the matter to the attorney-general. The\\nsecretary of state shall at all times be given access to and may from\\ntime to time examine the fingerprints retained by the holder of a\\nlicense certificate as provided in subdivision four of this section.\\n 7. If any holder of a certificate shall file with the department of\\nstate the fingerprints of a person other than the person so employed, he\\nshall be subject to a fine not exceeding five thousand dollars ($5,000)\\nor to imprisonment not exceeding one year, or both.\\n 8. The provisions of this section shall not be applicable to security\\nguards or the employment of security guards by licensees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "82", "title" : "Employees not to divulge information or make false reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "82", "activeDate" : "2014-09-22", "sequenceNo" : 115, "repealedDate" : null, "fromSection" : "82", "toSection" : "82", "text" : " § 82. Employees not to divulge information or make false reports. Any\\nperson who is or has been an employee of a holder of a license shall not\\ndivulge to any one other than his employer, or as his employer shall\\ndirect, except as he may be required by law, any information acquired by\\nhim during such employment in respect of any of the work to which he\\nshall have been assigned by such employer. Any such employee violating\\nthe provisions of this section and any such employee who shall wilfully\\nmake a false report to his employer in respect of any of such work,\\nshall be guilty of a misdemeanor. The employer of any employee believed\\nto have violated this section shall without any liability whatsoever\\nupon said employer supply the secretary of state or such officer or\\nperson in the department of state as the secretary of state may\\ndesignate, all the known facts and circumstances in connection with the\\nsaid employee's transaction or performance or action believed to be in\\nviolation of this article and the secretary of state or his authorized\\nrepresentative shall, should the facts and circumstances be deemed to\\nwarrant, conduct further investigation and submit the evidence thus\\nacquired to the attorney-general of the state for appropriate action in\\naccordance with the provisions of section eighty-five of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "83", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "83", "activeDate" : "2015-08-21", "sequenceNo" : 116, "repealedDate" : null, "fromSection" : "83", "toSection" : "83", "text" : " § 83. Application of article. Nothing in this article shall apply to\\nany detective or officer belonging to the police force of the state, or\\nany county, city, town or village thereof, appointed or elected by due\\nauthority of law, or to any person in the employ of any police force or\\npolice department of the state, or of any county, city, town or village\\nthereof while engaged in the performance of their official duties; nor\\nto any person, firm, limited liability company, partnership,\\ncorporation, or any bureau or agency, whose business is exclusively the\\nfurnishing of information as to the business and financial standing, and\\ncredit responsibility of persons, firms, or corporations, or as to the\\npersonal habits and financial responsibility of applicants for\\ninsurance, indemnity bonds or commercial credit or of claimants under\\ninsurance policies, nor to any person licensed as a certified public\\naccountant while engaged in the practice of public accountancy as\\ndefined in article one hundred forty-nine of the education law or any\\nfirm, limited liability company, partnership or corporation registered\\nas a certified public accounting firm by the commissioner of education\\nwhile performing services regulated under article one hundred forty-nine\\nof the education law or Part 70 of the regulations of the commissioner\\nof education; and whose business does not embrace other activities\\ndescribed in section seventy-one of this article; or whose business is\\nlicensed by the commissioner of labor under the provisions of section\\ntwenty-four-a or subdivision three-b of section fifty of the workers'\\ncompensation law or whose business is representing employers or groups\\nof employers insured under the workers' compensation law in the state\\ninsurance fund; nor to any corporation duly authorized by the state to\\noperate a central burglar or fire alarm protection business; nor to any\\nperson while engaged in the business of adjuster for an insurance\\ncompany nor to any public adjuster licensed by the superintendent of\\nfinancial services under the insurance law nor to any person regularly\\nemployed as special agent, detective or investigator exclusively by one\\nemployer in connection with the affairs of that employer only nor to any\\ncharitable or philanthropic society or association duly incorporated\\nunder the laws of the state and which is organized and maintained for\\nthe public good and not for private profit, nor shall anything in this\\narticle contained be construed to affect in any way attorneys or\\ncounselors at law in the regular practice of their profession, but such\\nexemption shall not enure to the benefit of any employee or\\nrepresentative of such attorney or counselor at law who is not employed\\nsolely, exclusively and regularly by such attorney or counselor at law.\\nNo person, firm, limited liability company, partnership, corporation or\\nany bureau or agency exempted hereunder from the application of this\\narticle shall perform any manner of private investigator, bail\\nenforcement agent or watch, guard or patrol agency service as described\\nin section seventy-one of this article, for any other person, firm,\\nlimited liability company, partnership, corporation, bureau or agency\\nwhether for fee, hire, reward, other compensation, remuneration, or\\nconsideration or as an accommodation without fee, reward or remuneration\\nor by a reciprocal arrangement whereby such services are exchanged on\\nrequest of parties thereto. The commission of a single act prohibited by\\nthis article shall constitute a violation thereof.\\n Nothing in this article shall be construed to affect or prohibit the\\nright of any person to form or become affiliated with or to continue as\\na member of any union, association, society or organization of his own\\nchoosing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "84", "title" : "Unlawful acts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "84", "activeDate" : "2014-09-22", "sequenceNo" : 117, "repealedDate" : null, "fromSection" : "84", "toSection" : "84", "text" : " § 84. Unlawful acts. 1. It is unlawful for the holder of a license,\\nissued under this article, or for any employee of such licensee,\\nknowingly to commit any of the following acts within or without the\\nstate of New York: to incite, encourage, or aid in the incitement or\\nencouragement of any person or persons who have become a party to any\\nstrike, to do unlawful acts against the person or property of any one,\\nor to incite, stir up, create or aid in the inciting of discontent or\\ndissatisfaction among the employees of any person, firm, limited\\nliability company or corporation with the intention of having them\\nstrike; to interfere or prevent lawful and peaceful picketing during\\nstrikes; to interfere with, restrain, or coerce employees in the\\nexercise of their right to form, join or assist any labor organization\\nof their own choosing; to interfere or hinder the lawful or peaceful\\ncollective bargaining between employees and employers; to pay, offer, or\\ngive any money, gratuity, favor, consideration, or other thing of value,\\ndirectly or indirectly, to any person for any verbal or written report\\nof the lawful activities of employees in the exercise of their right of\\nself-organization, to form, join, or assist labor organizations and to\\nbargain collectively through representatives of their own choosing; to\\nadvertise for, recruit, furnish or replace or offer to furnish or\\nreplace for hire or reward, within or without the state of New York, any\\nhelp or labor, skilled or unskilled, or to furnish or offer to furnish\\narmed guards, other than armed guards theretofore regularly employed for\\nthe protection of payrolls, property or premises, for service upon\\nproperty which is being operated in anticipation of or during the course\\nor existence of a strike, or furnish armed guards upon the highways, for\\npersons involved in labor disputes or to furnish or offer to furnish to\\nemployers or their agents, any arms, munitions, tear gas implements, or\\nany other weapons; or to send letters or literature to employers\\noffering to eliminate labor unions or distribute or circulate any list\\nof members of a labor organization, or to advise any person of the\\nmembership of an individual in a labor organization for the express\\npurpose of preventing those so listed or named from obtaining or\\nretaining employment. The violation of any of the provisions of this\\nsection shall constitute a misdemeanor and shall be punishable by a fine\\nof not less than five hundred dollars, or one year's imprisonment or\\nboth. It is unlawful for the holder of a license to collect or offer or\\nattempt to collect or directly or indirectly engage in the business of\\ncollecting of debts or claims of any kind, excepting that the taking\\npossession, on behalf of a secured party having the right to do so under\\nsection 9--609 of the uniform commercial code, of property in the\\npossession of a debtor who has defaulted in the performance of a\\nsecurity agreement secured by such property, shall not be considered a\\nviolation of this section and excepting further that the secretary of\\nstate may grant exemption from this prohibition in the collection of\\ndebts to licensees who are principally engaged in the business of credit\\ninvestigation and credit reporting. It is unlawful for the holder of a\\nlicense to furnish or perform any services described in subdivisions one\\nand two of section seventy-one of this article on a contingent or\\npercentage basis or to make or enter into any agreement for furnishing\\nservices of any kind or character, by the terms or conditions of which\\nagreement the compensation to be paid for such services to the holder of\\na license is partially or wholly contingent or based upon a percentage\\nof the amount of money or property recovered or dependent in any way\\nupon the result achieved. It shall be unlawful for a holder of a license\\nto use, display, cause to be printed or distributed, cards,\\nletter-heads, circulars, brochures or any other advertising material or\\nadvertisement in which any name or indicia of the license status of the\\nlicensee is set forth in any manner other than the name under which the\\nlicensee is duly licensed. It is unlawful for a licensed private\\ninvestigator or bail enforcement agent to own, have or possess or in any\\nmanner to wear, exhibit or display, a shield or badge of any material,\\nkind, nature or description, in the performance of any of the activities\\nas private investigator or bail enforcement agent, as distinguished from\\nwatch, guard or patrol agency, under this article. It is unlawful for a\\nlicensed private investigator or bail enforcement agent to issue to any\\nperson employed by such licensee, a badge or shield of any material,\\nkind, nature or description, and it is unlawful for any person employed\\nby such licensee to possess, carry or display a badge or shield of any\\ndescription provided that any licensed private investigator or bail\\nenforcement agent who also engages in the business of watch, guard or\\npatrol agency may possess, use or display or issue to employees in the\\nconduct of such business, a rectangular metal or woven insignia to be\\nworn on the outer clothing and approved by the department of state,\\nwhich insignia shall not be larger than three inches high or four inches\\nwide with an inscription thereon containing the word \"watchman\",\\n\"guard\", \"patrol\" or \"special service\" and the name of the licensee. It\\nshall be unlawful for any licensee to publish or cause to be published\\nany advertisement, letter-head, circular, statement or phrase of any\\nsort which suggests that the licensee is an official police or\\ninvestigative agency or any other agency instrumentality of the state of\\nNew York or any of its political subdivisions. It shall be unlawful for\\nany licensee to make any statement which would reasonably cause another\\nperson to believe that the licensee is a police officer or official\\ninvestigator of the state of New York or any of its political\\nsubdivisions. It shall be unlawful for a licensee to offer, by radio,\\ntelevision, newspaper advertisement or any other means of communication,\\nto perform services at any location which is merely the location of a\\ntelephone answer service unless full disclosure of that fact is made in\\nthe advertisement.\\n 2. Notwithstanding any inconsistent provision of subdivision one of\\nthis section, a private investigator may contract with a local social\\nservices district to furnish or perform services for the location of\\nabsent parents and fathers of children born out of wedlock on a\\ncontingent basis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "85", "title" : "Prosecution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2016-08-19" ], "docLevelId" : "85", "activeDate" : "2016-08-19", "sequenceNo" : 118, "repealedDate" : null, "fromSection" : "85", "toSection" : "85", "text" : " § 85. Prosecution. Criminal action for violation of this article shall\\nbe prosecuted by the attorney general, his or her deputy, or a district\\nattorney, in the name of the people of the state. In any such\\nprosecution the attorney general, or his or her deputy, shall exercise\\nall the powers and perform all duties which the district attorney would\\notherwise be authorized to exercise or to perform therein. The attorney\\ngeneral or a district attorney shall, upon a conviction for a violation\\nof any provision of this article and within ten days thereafter, make\\nand file with the department of state a detailed report showing the date\\nof such conviction, the name of the person convicted and the nature of\\nthe charge.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "86", "title" : "Reward may be presumed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "86", "activeDate" : "2014-09-22", "sequenceNo" : 119, "repealedDate" : null, "fromSection" : "86", "toSection" : "86", "text" : " § 86. Reward may be presumed. In any prosecution under this article\\nany person, firm, limited liability company, partnership or corporation\\nwho performs or commits any of the acts set forth in sections seventy\\nand seventy-one of this article shall be presumed to do so for a fee,\\ncompensation, valuable consideration or reward.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "87", "title" : "Department of state to employ agents; expenses for enforcement of law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "87", "activeDate" : "2014-09-22", "sequenceNo" : 120, "repealedDate" : null, "fromSection" : "87", "toSection" : "87", "text" : " § 87. Department of state to employ agents; expenses for enforcement\\nof law. The department of state is hereby authorized to employ such\\nagent or agents as the secretary of state may deem necessary to enable\\nthe department of state to carry out the provisions of this article and\\nto enforce compliance therewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "88", "title" : "Roster of licensees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "88", "activeDate" : "2014-09-22", "sequenceNo" : 121, "repealedDate" : null, "fromSection" : "88", "toSection" : "88", "text" : " § 88. Roster of licensees. The department of state shall publish at\\nleast once in each year, a roster of the names and addresses of all\\npersons, firms, limited liability companies and corporations licensed\\nunder the provisions of this article. A copy of each roster issued by\\nthe department of state shall be mailed by it to any licensee upon\\nrequest and without charge.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89", "title" : "Inspection by industrial commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89", "activeDate" : "2014-09-22", "sequenceNo" : 122, "repealedDate" : null, "fromSection" : "89", "toSection" : "89", "text" : " § 89. Inspection by industrial commissioner. All applications, papers\\nand records on file in the department of state in connection therewith\\nshall at all times be open for the inspection of the industrial\\ncommissioner of the department of labor and the persons in charge\\nthereof shall afford every reasonable facility for their examination and\\npermit copies to be made when required by the industrial commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-A", "title" : "Disposition of fees and other revenue", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-A", "activeDate" : "2014-09-22", "sequenceNo" : 123, "repealedDate" : null, "fromSection" : "89-A", "toSection" : "89-A", "text" : " § 89-a. Disposition of fees and other revenue. All fees and other\\nmoneys derived from the operation of this article shall on the fifth day\\nof each month be paid by the department of state into the state\\ntreasury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 24 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A7-A", "title" : "Security Guard Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7-A", "activeDate" : "2014-09-22", "sequenceNo" : 124, "repealedDate" : null, "fromSection" : "89-E", "toSection" : "89-W", "text" : " ARTICLE 7-A\\n SECURITY GUARD ACT\\nSection 89-e. Short title.\\n 89-f. Definitions.\\n 89-g. Employment of security guards.\\n 89-h. Requirements for a registration card.\\n 89-i. Investigation.\\n 89-j. Security guard registry.\\n 89-k. Issuance and denial of registration cards.\\n 89-l. Suspension, revocation and reissuance of registration\\n cards.\\n 89-m. Renewal of registration cards.\\n 89-n. Training requirements.\\n 89-o. Rules and regulations.\\n 89-p. Violations and penalties.\\n 89-q. Separability.\\n 89-r. Preemption.\\n 89-s. Reporting.\\n * 89-w. Applicability.\\n * Numerically this section should be in Art. 8 but its subject\\n matter places it in Art. 7-A.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-E", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-E", "activeDate" : "2014-09-22", "sequenceNo" : 125, "repealedDate" : null, "fromSection" : "89-E", "toSection" : "89-E", "text" : " § 89-e. Short title. This article shall be known and may be cited as\\nthe \"security guard act of nineteen hundred ninety-two\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-F", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "89-F", "activeDate" : "2021-04-02", "sequenceNo" : 126, "repealedDate" : null, "fromSection" : "89-F", "toSection" : "89-F", "text" : " § 89-f. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings:\\n 1. \"Commissioner\" shall mean the commissioner of the division of\\ncriminal justice services.\\n 2. \"Division\" shall mean the division of criminal justice services.\\n 3. \"Secretary\" shall mean the secretary of state.\\n 4. \"Department\" shall mean the department of state.\\n 5. \"Security guard company\" shall mean any person, firm, limited\\nliability company, corporation, public entity or subsidiary or\\ndepartment of such firm, limited liability company, corporation or\\npublic entity employing one or more security guards or being\\nself-employed as a security guard on either a proprietary basis for its\\nown use or on a contractual basis for use by another person, firm,\\nlimited liability company, corporation, public entity or subsidiary\\nthereof within the state.\\n 6. \"Security guard\" shall mean a person, other than a police officer,\\nemployed by a security guard company to principally perform one or more\\nof the following functions within the state:\\n a. protection of individuals and/or property from harm, theft or other\\nunlawful activity;\\n b. deterrence, observation, detection and/or reporting of incidents in\\norder to prevent any unlawful or unauthorized activity including but not\\nlimited to unlawful or unauthorized intrusion or entry, larceny,\\nvandalism, abuse, arson or trespass on property;\\n c. street patrol service;\\n d. response to but not installation or service of a security system\\nalarm installed and/or used to prevent or detect unauthorized intrusion,\\nrobbery, burglary, theft, pilferage and other losses and/or to maintain\\nsecurity of a protected premises.\\n Provided, however, that a security guard who is otherwise subject to\\nregulation with respect to registration and training by the federal\\ngovernment in the performance of their duties, or a security guard\\nproviding such services on a voluntary basis, shall not be subject to\\nthe provisions of this article.\\n 7. \"Public entity\" shall mean:\\n a. the state of New York;\\n b. a county, city, town, village or any other political subdivision or\\ncivil department or division of the state;\\n c. any other public corporation, public authority, commission, agency,\\nmunicipal or other public housing authority, or project organized\\npursuant to article two of the private housing finance law;\\n d. any other governmental instrumentality or governmental unit in the\\nstate of New York.\\n 8. \"Security system\" shall mean an assembly of equipment and devices\\nor a single device designated to detect and/or signal an unauthorized\\nintrusion into premises or to signal an attempted robbery, burglary,\\ntheft, pilferage or other loss at a protected premises, and with respect\\nto which signal, police and/or security guards are expected to respond.\\nSmoke and/or fire alarm systems are excluded from the provisions of this\\narticle.\\n 9. \"Applicant\" shall mean an individual who has filed an application\\nwith the department for a security guard registration card.\\n 10. \"Holder\" shall mean an individual who has been issued a\\nregistration card by the department.\\n 11. \"Registration card\" shall mean a photographic identification card\\nissued by the department, including a special armed guard registration\\ncard signifying that the individual identified thereon has been\\nauthorized by the department to perform security guard functions.\\n 12. \"Special armed guard registration card\" shall mean a registration\\ncard issued by the department signifying that the individual thereon has\\nbeen certified by the department to perform security guard functions and\\nto carry firearms in connection with such functions. Nothing herein\\ncontained shall relieve such guard from any provision of law which\\nrequires that he or she be licensed to carry such firearm.\\n 13. \"Serious offense\" shall mean any felony involving the offenses\\nenumerated in the closing paragraph of this subdivision; a criminal\\nsolicitation of or a conspiracy to commit or an attempt to commit or a\\ncriminal facilitation of a felony involving the offenses enumerated in\\nthe closing paragraph of this subdivision, which criminal solicitation,\\nconspiracy, attempt or criminal facilitation itself constitutes a felony\\nor any offense in any other jurisdiction which if committed in this\\nstate would constitute a felony; any offense in any other jurisdiction\\nwhich if committed in this state would constitute a felony provided that\\nfor the purposes of this article, none of the following shall be\\nconsidered criminal convictions or reported as such: (i) a conviction\\nfor which an executive pardon has been issued pursuant to the executive\\nlaw; (ii) a conviction which has been vacated and replaced by a youthful\\noffender finding pursuant to article seven hundred twenty of the\\ncriminal procedure law, or the applicable provisions of law of any other\\njurisdiction; or (iii) a conviction the records of which have been\\nsealed pursuant to the applicable provisions of the laws of this state\\nor of any other jurisdiction; and (iv) a conviction for which other\\nevidence of successful rehabilitation to remove the disability has been\\nissued.\\n Felonies involving: assault, aggravated assault and reckless\\nendangerment pursuant to article one hundred twenty; vehicular\\nmanslaughter, manslaughter and murder pursuant to article one hundred\\ntwenty-five; sex offenses pursuant to article one hundred thirty;\\nunlawful imprisonment, kidnapping or coercion pursuant to article one\\nhundred thirty-five; criminal trespass and burglary pursuant to article\\none hundred forty; criminal mischief, criminal tampering and tampering\\nwith a consumer product pursuant to article one hundred forty-five;\\narson pursuant to article one hundred fifty; larceny and offenses\\ninvolving theft pursuant to article one hundred fifty-five; offenses\\ninvolving computers pursuant to article one hundred fifty-six; robbery\\npursuant to article one hundred sixty; criminal possession of stolen\\nproperty pursuant to article one hundred sixty-five; forgery and related\\noffenses pursuant to article one hundred seventy; involving false\\nwritten statements pursuant to article one hundred seventy-five;\\ncommercial bribing and commercial bribe receiving pursuant to article\\none hundred eighty; criminal impersonation and scheme to defraud\\npursuant to article one hundred ninety; bribery involving public\\nservants and related offenses pursuant to article two hundred; perjury\\nand related offenses pursuant to article two hundred ten; tampering with\\na witness, intimidating a victim or witness and tampering with physical\\nevidence pursuant to article two hundred fifteen; criminal possession of\\na controlled substance pursuant to sections 220.06, 220.09, 220.16,\\n220.18 and 220.21; criminal sale of a controlled substance pursuant to\\nsections 220.31, 220.34, 220.39, 220.41, 220.43 and 220.44; criminal\\nsale of cannabis pursuant to sections 222.55, 222.60 and 222.65; riot in\\nthe first degree, aggravated harassment in the first degree, criminal\\nnuisance in the first degree and falsely reporting an incident in the\\nsecond or first degree pursuant to article two hundred forty; and crimes\\nagainst public safety pursuant to article two hundred sixty-five of the\\npenal law.\\n 14. \"Peace officer\" shall mean a peace officer as defined by\\nsubdivision thirty-three of section 1.20 of the criminal procedure law,\\nwho is employed full-time as a peace officer and who has successfully\\ncompleted the training requirements as set forth in subdivision one of\\nsection 2.30 of such law.\\n 15. \"Police officer\" shall mean a police officer as defined by\\nsubdivision thirty-four of section 1.20 of the criminal procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-G", "title" : "Employment of security guards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-G", "activeDate" : "2014-09-22", "sequenceNo" : 127, "repealedDate" : null, "fromSection" : "89-G", "toSection" : "89-G", "text" : " § 89-g. Employment of security guards. 1. Except as provided in this\\nsection and section eighty-nine-w of this article, no security guard\\ncompany shall knowingly employ a person as a security guard and no\\nperson shall be employed as a security guard or act as a security guard\\nunless:\\n a. The security guard company has verified with the department that\\nsuch person possesses a valid registration card which has not expired or\\nbeen revoked or suspended; or\\n b. Such security guard company has filed with the department in a\\nmanner prescribed by rules and regulations promulgated by the\\ndepartment, by certified mail:\\n (i) An application for a registration card completed and sworn to by\\nsuch person pursuant to subdivision one of section eighty-nine-h of this\\narticle;\\n (ii) A certification by the security guard company that it has\\nexercised due diligence to verify as true the information contained in\\nsuch person's application;\\n (iii) A certification that such person has completed the preassignment\\ntraining required by subdivision two of section eighty-nine-h of this\\narticle;\\n (iv) Two photographs of such person taken within thirty days prior to\\nthe filing of the application of a size prescribed by the secretary and\\ntwo sets of fingerprints of such person. The fingerprints shall be taken\\non a standard fingerprint card approved by the division; and\\n (v) The fees prescribed by subdivision ten of section eighty-nine-h of\\nthis article.\\n 2. It shall be incumbent upon each security guard company to exercise\\ndue diligence in verifying that the information contained in every\\napplication for a registration card it files with the department is true\\nprovided, however, the secretary shall, upon consultation with the\\nsecurity guard advisory council, promulgate rules and regulations to\\nspecify the minimum due diligence required to be exercised by such\\ncompanies in order to verify the information required pursuant to\\nsubdivisions five and seven of section eighty-nine-h of this article.\\n 3. Except as provided in section seven hundred fifty-two of the\\ncorrection law, no security guard company shall knowingly employ to\\nperform security guard functions, any individual:\\n a. who has been convicted of a serious offense, or of a misdemeanor in\\nthe state or of any offense in any other jurisdiction which, if\\ncommitted in this state, would constitute a misdemeanor, and which, in\\nthe discretion of the secretary, bears such a relationship to the\\nperformance of the duties of a security guard, as to constitute a bar to\\nemployment; or\\n b. who in any jurisdiction has been denied authorization to perform\\nsecurity guard functions or whose authorization to perform security\\nguard functions has been suspended or revoked on grounds which would\\nconstitute a basis for denying, suspending or revoking a registration\\ncard in this state.\\n 4. For each security guard employed by a security guard company as of\\nthe effective date of this section such security guard company shall at\\na time assigned by the secretary, pursuant to a staggered schedule,\\ncomply with the provisions of paragraphs a and b of subdivision one of\\nthis section and the provisions of section eighty-nine-n of this\\narticle. Until the assigned filing date, such security guard company may\\ncontinue to employ such person to perform security guard functions. No\\nsecurity guard company may employ such person after the assigned filing\\ndate which has not complied with the provisions of paragraphs a and b of\\nsubdivision one of this section with respect to such person.\\n 5. Within fifteen calendar days following the employment, retirement,\\nresignation or termination of a security guard by a security guard\\ncompany, such company shall give the department written notice thereof\\non a form prescribed by the department.\\n 6. Insurance requirements. All security guard companies which are\\nself-insured shall file with the department a certificate of insurance\\nevidencing comprehensive general liability coverage from an insurance\\ncompany licensed to do business in this state or procured by a duly\\nlicensed excess line broker pursuant to section two thousand one hundred\\neighteen of the insurance law for death and personal injury, which\\ncoverage shall include false arrest or false imprisonment, malicious\\nprosecution, libel, slander, and violation of right of privacy, in the\\nminimum amount of one hundred thousand dollars per occurrence and three\\nhundred thousand dollars in the aggregate which amount shall be\\navailable for the payment of claims. The certificate shall provide that\\nthe insurance shall not be modified or cancelled unless thirty days\\nprior notice shall be given to the department. After the effective date\\nof this article, no security guard company shall knowingly have in its\\nemploy a security guard unless such coverage is in force and such\\ncertificate is filed with the department.\\n 7. Every security guard company shall maintain for each security guard\\nit employs, and for a period of one year following the retirement,\\nresignation or termination of such security guard's employment a copy of\\nthe application for a registration card, proof of due diligence to\\nverify the information therein contained, one photograph and training\\nrecords, after which year the security guard company shall cause all\\nsuch records and documents to be destroyed.\\n 8. All security guard companies, except those security guard companies\\nwhich employ such guards solely for their own proprietary use, shall be\\nsubject to the enforcement provisions contained in article seven of this\\nchapter; provided, however, that whenever the secretary of state shall\\nhave reason to believe that any security guard company has hired or\\nintends to hire an unlicensed security guard in violation of this\\narticle, the secretary may bring an action in supreme court to enjoin\\nthe employment of unlicensed security guards in violation of this\\narticle or for an order directing the security guard company to remedy\\nthe violation.\\n 9. No registered security guard shall accept or continue in employment\\nwith a security guard company upon notice of determination from the\\ndepartment that such employer has (a) violated the provisions of this\\narticle or the rules and regulations promulgated pursuant thereto, or\\n(b) has engaged in fraud, deceit or misrepresentation.\\n 10. All security guard companies shall maintain books and records of\\nemployees who are security guards and shall, upon request, make such\\nbooks and records available to the secretary of state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-H", "title" : "Requirements for a registration card", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "89-H", "activeDate" : "2020-04-17", "sequenceNo" : 128, "repealedDate" : null, "fromSection" : "89-H", "toSection" : "89-H", "text" : " § 89-h. Requirements for a registration card. To qualify for a\\nregistration card to perform security guard functions, an applicant\\nshall fulfill the following requirements:\\n 1. Application: file an application with the department sworn to or\\naffirmed by the applicant in such form and including such information\\nand attachments as may be prescribed or requested by the department upon\\nconsultation with the security guard advisory council including but not\\nlimited to the character and fitness, competence and employment history\\nof the applicant;\\n 2. Training: file a certificate with the department certifying either\\nthat the applicant has satisfactorily completed a minimum of eight hours\\nof pre-assignment training as prescribed by the division or that such\\nrequirement has been waived in accordance with section eight hundred\\nforty-one-c of the executive law;\\n 3. Age: be at least eighteen years of age;\\n 5. Criminal record: not have been convicted of a serious offense, or\\nof a misdemeanor in the state or of any offense in any other\\njurisdiction which, if committed in this state, would constitute a\\nmisdemeanor, and which, in the discretion of the secretary, bears such a\\nrelationship to the performance of the duties of a security guard, as to\\nconstitute a bar to employment;\\n 6. Character and fitness: be of good moral character and fitness;\\n 7. Competence: not have been declared by any court of competent\\njurisdiction to be incompetent by reason of mental disease or defect\\nwhich has not been removed;\\n 8. Employment history: not have been discharged from a correctional or\\nlaw enforcement agency for incompetence or misconduct as determined by a\\ncourt of competent jurisdiction, administrative hearing officer,\\nadministrative law judge, arbitrator, arbitration panel or other duly\\nconstituted tribunal, or resigned from such agency while charged with\\nmisconduct or incompetence; provided however, that an applicant who has\\nbeen discharged or has resigned from such agency while charged with\\nmisconduct or incompetency may submit an explanation to the department\\nand request a waiver of this requirement;\\n 9. Disability: a physical or mental disability or disability by reason\\nof intoxication or the use of, addiction to or dependence on alcohol or\\ndrugs which, as determined by the department, renders the applicant\\nunable to perform the essential functions of the security guard\\nposition, with or without reasonable accommodation, or who, as\\ndetermined by the department, poses a direct threat to health or safety;\\n 10. Fees: pay (a) a fee of thirty-six dollars for processing of the\\napplication, investigation of the applicant and for the initial biennial\\nregistration period. Such fees shall be deposited to the credit of the\\nbusiness and licensing services account established pursuant to the\\nprovisions of section ninety-seven-y of the state finance law; and (b) a\\nfee pursuant to subdivision eight-a of section eight hundred\\nthirty-seven of the executive law, and amendments thereto, for the cost\\nof the division's full search and retain procedures, and a fee as\\ndetermined by the federal bureau of investigation for the cost of its\\nfingerprint search procedures, which fees shall be remitted by the\\ndepartment to the division and federal bureau of investigation; and\\n 11. Changes: give the department written notice, within fourteen\\ncalendar days of occurrence, of any change of circumstances which varies\\nfrom the information previously given to the department hereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-I", "title" : "Investigation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-I", "activeDate" : "2014-09-22", "sequenceNo" : 129, "repealedDate" : null, "fromSection" : "89-I", "toSection" : "89-I", "text" : " § 89-i. Investigation. Within five business days after receipt of an\\napplication, the department shall transmit to the division two sets of\\nfingerprints and the fees required pursuant to paragraph (b) of\\nsubdivision ten of section eighty-nine-h of this article. One set of\\nfingerprints and the required fee shall be submitted to the federal\\nbureau of investigation for a national criminal history record check.\\nThe results will be used to ascertain whether or not the applicant has\\nbeen charged with or convicted of a serious offense and may cause to be\\nconducted an investigation to verify the information contained in the\\napplication; provided, however, that the department shall cause such\\ninvestigation to be conducted for applicants whose application has not\\nbeen submitted and verified pursuant to section eighty-nine-g of this\\narticle. The department, in consultation with the division, may waive\\nsuch background checks, investigations and fees if in its opinion, the\\nsecurity guard applicant has been subject to previous background checks\\nand investigation requirements which meet or exceed the requirements of\\nthis section. The department, in consultation with the division, may not\\nbe required to conduct background checks or investigations for\\napplicants who are also employed as peace officers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-J", "title" : "Security guard registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-J", "activeDate" : "2014-09-22", "sequenceNo" : 130, "repealedDate" : null, "fromSection" : "89-J", "toSection" : "89-J", "text" : " § 89-j. Security guard registry. The department shall pursuant to\\nsection ninety-nine of the executive law maintain a computerized\\nregistry.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-K", "title" : "Issuance and denial of registration cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-K", "activeDate" : "2014-09-22", "sequenceNo" : 131, "repealedDate" : null, "fromSection" : "89-K", "toSection" : "89-K", "text" : " § 89-k. Issuance and denial of registration cards. 1. Requirements of\\nregistration cards. Unless the department determines that the applicant\\ndoes not meet the requirements of section eighty-nine-h of this article\\nor is unable to perform security guard functions, it shall issue a\\nregistration card in a form prescribed by the department, which shall\\ninclude, among other information, the expiration date of such card and\\nany renewal thereof, authorizing the applicant to perform security guard\\nfunctions. If the department determines that an applicant does not meet\\nthe requirements of section eighty-nine-h of this article, it shall deny\\nthe application for a registration card. Upon issuance of the\\nregistration card or denial of the application therefor, the department\\nshall forthwith give notice of such issuance or denial to such applicant\\nand to the security guard company which employs such applicant, by\\nregular mail.\\n 2. Administrative review. Denial of a registration card hereunder\\nshall be reviewable by an administrative hearing as set forth in\\nsubdivisions two, three, four and five of section seventy-nine of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-L", "title" : "Suspension, revocation and reissuance of registration cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-L", "activeDate" : "2014-09-22", "sequenceNo" : 132, "repealedDate" : null, "fromSection" : "89-L", "toSection" : "89-L", "text" : " § 89-l. Suspension, revocation and reissuance of registration cards.\\n1. Revocations and suspensions. The secretary or any person deputized by\\nthe secretary may suspend for a period not to exceed eighteen months or\\nrevoke any registration card issued pursuant to this article after a\\nhearing pursuant to this section, except that, where revocation is\\nsought based solely upon the holder having been convicted of a serious\\noffense, the secretary shall provide notice to the holder, at the\\nholder's registration address as maintained by the department, that the\\nholder's registration card will be revoked on a date certain, but not\\nless than thirty-five days after the date of the notice, unless the\\nholder requests an administrative hearing pursuant to this section\\nwithin said thirty-five day period.\\n 2. Causes for revocation or suspension. A registration card issued\\npursuant to this article may be suspended or revoked for one or more of\\nthe following causes:\\n a. the holder is convicted of a serious offense, or of a misdemeanor\\nin the state which, in the discretion of the secretary, bears such a\\nrelationship to the performance of the duties of a security guard, as to\\nconstitute a bar to employment;\\n b. the application contained a material false statement or omission\\nthe truth or inclusion of which would have resulted in denial of the\\napplication pursuant to section eighty-nine-k of this article;\\n c. the holder is in violation of any provisions of this article or the\\nrules and regulations promulgated pursuant to this article;\\n d. employment of the holder as a security guard constitutes a danger\\nto the health, safety or well-being of the public.\\n 3. Procedure. The hearing required by subdivision one of this section\\nshall be held pursuant to the state administrative procedure act,\\nprovided, however, that where a registration card has been temporarily\\nsuspended pursuant to paragraph b of subdivision four of this section,\\nthe hearing shall be held within thirty days and the adjudication shall\\nbe made within forty-five days following the service of notice of such\\nhearing. If such hearing is adjourned at the request of the holder or by\\nreason of any act or omission by the holder or on the holder's behalf\\nsuch suspension may be continued for the additional period of such\\nadjournment. Where a holder has been served with notice of hearing which\\nhas not been adjourned and such holder without good cause fails to\\nappear at the hearing, such hearing may proceed and an adjudication may\\nbe made in the absence of such holder.\\n 4. Temporary suspension of registration cards.\\n a. Temporary suspension where the holder is charged with a serious\\noffense. Where a holder is charged with a serious offense, such holder's\\nregistration card may be suspended (i) by the court pending any\\nprosecution for a serious offense. In order for the court to impose such\\nsuspension it must find that the accusatory instrument conforms to the\\nrequirements of section 140.40 of the criminal procedure law and there\\nexists reasonable cause to believe that the holder committed the serious\\noffense with which he is charged. At such time, the holder shall be\\nentitled to an opportunity to make a statement regarding the enumerated\\nissues and to present witnesses and other evidence tending to rebut the\\ncourt's findings. Where the suspension is imposed upon a pending charge\\nof a serious offense which is a class A misdemeanor and the holder has\\nrequested a hearing pursuant to article one hundred seventy of the\\ncriminal procedure law, or where the suspension is imposed upon a\\npending charge of a serious offense which is a felony and the holder has\\nrequested a hearing pursuant to article one hundred eighty of the\\ncriminal procedure law, the court shall conduct such hearing. If upon\\ncompletion of such hearing, the court fails to find that there is\\nreasonable cause to believe that the holder committed a serious offense,\\nor if the charges are dismissed or the holder is acquitted of such\\ncharges or the conviction is reversed on appeal, the court shall\\npromptly notify the secretary and direct restoration of such\\nregistration card unless such registration card is suspended or revoked\\npursuant to any other provision of this section. If a holder is\\nconvicted of a serious offense, the court shall promptly notify the\\nsecretary and the suspension shall remain in effect pending a hearing\\nheld pursuant to subdivision three of this section; or (ii) by an\\nofficer designated by the secretary pursuant to the state administrative\\nprocedure act to preside over a hearing, on application by the secretary\\non notice to the holder, where such officer finds that such holder has\\nbeen charged with a serious offense and reasonable cause exists to\\nbelieve that the holder committed the serious offense with which the\\nholder is charged.\\n b. Temporary suspension pending hearing and adjudication. Pending the\\nhearing and adjudication on suspension or revocation of a registration\\ncard, the officer designated to preside over the hearing may, on\\napplication of the secretary with notice to the holder, suspend such\\nregistration card where (i) the holder has been convicted of a serious\\noffense, (ii) the holder has been charged with a serious offense and\\nsuch officer finds that reasonable cause exists to believe that the\\nholder committed the serious offense with which the holder is charged,\\nor (iii) such officer finds that reasonable cause exists to believe that\\nthe employment of the holder as a security guard constitutes a danger to\\nthe health, safety or well-being of the public.\\n 5. No registration card may be suspended pursuant to this section\\nbased upon the fact that a holder is charged with or convicted of one or\\nmore serious offenses, or of a misdemeanor in the state which, in the\\ndiscretion of the secretary, bears such a relationship to the\\nperformance of the duties of a security guard, as to constitute a bar to\\nemployment unless:\\n a. there is a direct relationship between one or more such serious\\noffenses and the registration card or employment of the holder as a\\nsecurity guard; or\\n b. the possession of a registration card by the holder or the\\nemployment of the holder as a security guard would involve an\\nunreasonable risk to property or to the safety or welfare of specific\\nindividuals or the general public.\\n 6. Fines. Where it is determined after hearing that the holder has\\nviolated one or more provisions of this article pursuant to paragraph c\\nof subdivision two of this section, the secretary may, in lieu of\\nrevocation or suspension of the registration card of such holder, impose\\na fine not to exceed one thousand dollars for each violation payable to\\nthe department.\\n 7. Surrender of suspended or revoked registration card. a. When the\\ncourt suspends a registration card pursuant to subparagraph (i) of\\nparagraph a of subdivision four of this section, the holder shall\\nforthwith surrender the registration card to the court and the court\\nshall promptly send the registration card to the secretary.\\n b. Upon suspension or revocation of the registration card by the\\nsecretary or by the officer designated by the secretary to preside over\\nthe hearing, pursuant to this section, the holder shall, if present at\\nthe time of such suspension or revocation, surrender the registration\\ncard forthwith. If the holder is not present at the time of such\\nsuspension or revocation, the secretary shall send notice of such\\nsuspension or revocation to the holder at the address indicated on the\\nregistration card or such other last known address, by personal service\\nor by certified mail return receipt requested, in which case the holder\\nshall within five days following receipt of such notice surrender the\\nregistration card by delivering same in person or by certified mail to a\\nlocation designated by the secretary. Notice of suspension or revocation\\nshall be given by the secretary to the security guard company by which\\nthe holder was employed at the time of such suspension or revocation.\\n 8. Reissuance of registration card. A suspended or revoked\\nregistration card may be reissued only by the secretary or by a person\\ndeputized by the secretary. Except as otherwise provided in this\\nsection, where a registration card has been revoked, it may not be\\nreissued for at least one year following revocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-M", "title" : "Renewal of registration cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-M", "activeDate" : "2014-09-22", "sequenceNo" : 133, "repealedDate" : null, "fromSection" : "89-M", "toSection" : "89-M", "text" : " § 89-m. Renewal of registration cards. 1. Registration cards shall\\nexpire two years from the date of issuance or last renewal as the case\\nmay be. Not less than sixty nor more than ninety days prior to the\\nexpiration date of a registration card, the department shall mail to\\neach registrant at his last known address, notice of renewal and a\\nregistration renewal form. Registration cards shall not be renewed\\nunless not more than sixty nor less than thirty days prior to the\\nexpiration date of the registration card, the holder submits to the\\ndepartment, a registration renewal form sworn to or affirmed by the\\nholder under the penalty of perjury together with a biennial renewal fee\\nin the amount of twenty-five dollars payable to the department and a\\ncertificate certifying that the holder has satisfactorily completed the\\nrequired annual in-service training courses as prescribed by the\\ncommissioner pursuant to subdivision one of section eight hundred\\nforty-one-c of the executive law. Unless the department determines the\\nexistence of facts which would constitute cause for denial, revocation\\nor suspension of the registration card pursuant to this article, it\\nshall renew the registration card. Denial of renewal hereunder shall be\\nreviewable by an administrative hearing as set forth in section\\nseventy-nine of this chapter. The twenty-five dollar biennial renewal\\nfee collected by the department shall be deposited to the licensing\\nexaminations services account established pursuant to the provisions of\\nsection 97-aa of the state finance law. Notice that a registration card\\nhas expired or has not been renewed pursuant to this section shall be\\ngiven by the secretary to the holder of such registration card and to\\nthe security guard company by which such holder was employed at the time\\nof such expiration or non-renewal.\\n 2. A registration card which was not renewed or which expired may be\\nreissued only in a manner prescribed by rules and regulations\\npromulgated by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-N", "title" : "Training requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-N", "activeDate" : "2014-09-22", "sequenceNo" : 134, "repealedDate" : null, "fromSection" : "89-N", "toSection" : "89-N", "text" : " § 89-n. Training requirements. 1. Security guards shall be required to\\nsatisfactorily complete training programs given and administered by\\nsecurity guard training schools, schools which provide security guard\\ntraining programs or security guard companies prescribed, certified and\\napproved by the commissioner pursuant to section eight hundred\\nforty-one-c of the executive law to include:\\n a. an eight hour pre-assignment training course;\\n b. an on-the-job training course to be completed within ninety working\\ndays following employment, consisting of a minimum of sixteen hours and\\na maximum of forty hours, as determined by the council, generally\\nrelating to the security guard's specific duties, the nature of the work\\nplace and the requirements of the security guard company;\\n c. a forty-seven hour firearms training course for issuance of a\\nspecial armed guard registration card;\\n d. an eight hour annual in-service training course; and\\n e. an additional eight hour annual in-service training course for\\nholders of special armed guard registration cards.\\n The training programs and courses required by this subdivision may, if\\napproved and certified by the commissioner pursuant to subdivision two\\nof section eight hundred forty-one-c of the executive law, be given and\\nadministered by security guard companies.\\n Nothing herein shall be construed to prohibit a security guard company\\nfrom voluntarily providing training programs and courses which exceed\\nthe minimum requirements provided by this subdivision.\\n Upon completion of a required training course, a security guard shall\\nreceive from the provider a certificate evidencing satisfactory\\ncompletion thereof in accordance with the requirements prescribed by the\\ncommissioner pursuant to section eight hundred forty-one-c of the\\nexecutive law.\\n 2. a. A security guard who has been or was previously employed as a\\npeace officer for eighteen months or more who exhibits a valid\\ncertificate awarded pursuant to subdivision six of section 2.30 of the\\ncriminal procedure law attesting to his or her satisfactory completion\\nof the training requirements imposed by section 2.30 of the criminal\\nprocedure law shall be exempt from the requirements of paragraph c of\\nsubdivision one of this section provided that such peace officer has\\ncompleted a course of firearms training approved by the municipal police\\ntraining council provided, however, that nothing in this subdivision\\nshall be deemed to authorize such guard to carry, possess, repair or\\ndispose of a firearm unless the appropriate license therefor has been\\nissued pursuant to section 400.00 of the penal law.\\n 3. A security guard who is also employed as a peace officer for\\neighteen months or more shall be exempt from the requirements of\\nparagraph e of subdivision one of this section as long as he or she is\\ncurrently employed as a peace officer and provides to his or her\\nsecurity guard employer proof of such annual in-service training\\nrequired under paragraph e of subdivision one of this section.\\n 4. The provisions of this section shall not apply to a security guard\\nwho is:\\n a. a correction officer of any state correctional facility having the\\npowers of a peace officer pursuant to subdivision twenty-five of section\\n2.10 of the criminal procedure law;\\n b. a bridge and tunnel officer, sergeant or lieutenant of the\\nTriborough bridge and tunnel authority having the powers of a peace\\nofficer pursuant to subdivision twenty of section 2.10 of the criminal\\nprocedure law;\\n c. a uniformed court officer of the unified court system having the\\npowers of a peace officer pursuant to subdivision twenty-one of section\\n2.10 of the criminal procedure law;\\n d. a court clerk having the powers of a peace officer pursuant to\\nsubdivision twenty-one of section 2.10 of the criminal procedure law;\\n e. a deputy sheriff having the powers of a peace officer pursuant to\\nsubdivision two of section 2.10 of the criminal procedure law;\\n f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),\\n(f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section\\n1.20 of the criminal procedure law who has been retired from such\\nemployment for a period not to exceed ten years, provided, however, that\\na retired police officer who has been retired from such employment for a\\nperiod in excess of ten years shall be required to provide proof to his\\nor her security guard employer of his or her satisfactory completion of\\nan eight hour annual in-service training course approved by the\\ncommissioner, and provided further, however, that a retired police\\nofficer who will be required by his or her security guard employer to\\ncarry a firearm or will be authorized to have access to a firearm shall\\nprovide to such employer proof of his or her satisfactory completion of\\na forty-seven hour firearms training course approved by the commissioner\\nand, if such firearms training course has not been completed within one\\nyear prior to such employment, satisfactory completion of an additional\\neight hour annual firearms in-service training course approved by the\\ncommissioner, such training course to be completed at least annually; or\\n g. a peace officer as defined in subdivisions two, twenty and\\ntwenty-five and paragraphs a and b of subdivision twenty-one of section\\n2.10 of the criminal procedure law who has been retired from such\\nemployment for a period not to exceed ten years, provided, however, that\\na retired peace officer who has been retired from such employment for a\\nperiod in excess of ten years shall be required to provide proof to his\\nor her security guard employer of his or her satisfactory completion of\\nan eight hour annual in-service training course approved by the\\nmunicipal police training council, and provided further, however, that a\\nretired peace officer who will be required by his or her security guard\\nemployer to carry a firearm or will be authorized to have access to a\\nfirearm shall provide to such employer proof of his or her satisfactory\\ncompletion of a forty-seven hour firearms training course approved by\\nthe municipal police training council and, if such firearms training\\ncourse has not been completed within one year prior to employment,\\nsatisfactory completion of an additional eight hour annual firearms\\nin-service training course approved by the municipal police training\\ncouncil, such training course to be completed at least annually.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-O", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-O", "activeDate" : "2014-09-22", "sequenceNo" : 135, "repealedDate" : null, "fromSection" : "89-O", "toSection" : "89-O", "text" : " § 89-o. Rules and regulations. The secretary shall in consultation\\nwith the security guard advisory council, adopt rules and regulations\\nimplementing the provisions of this article. Such rules and regulations\\nshall include criteria for determining whether a person is a security\\nguard or whether a particular function is a security guard function as\\ndefined by subdivision six of section eighty-nine-f of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-P", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-P", "activeDate" : "2014-09-22", "sequenceNo" : 136, "repealedDate" : null, "fromSection" : "89-P", "toSection" : "89-P", "text" : " § 89-p. Violations and penalties. Any person who is employed as a\\nsecurity guard or who acts as a security guard in violation of the\\nprovisions of section eighty-nine-g of this article or who knowingly and\\nwilfully makes material misstatements in the application for or renewal\\nof his or her registration card or who permits or authorizes the\\nemployment of a person as a security guard in violation of the\\nprovisions of section eighty-nine-g of this article or any security\\nguard company which employs a security guard in violation of the\\nprovisions of section eighty-nine-g of this article shall be guilty of a\\nmisdemeanor which, upon conviction, shall be punishable by a term of\\nimprisonment not to exceed six months, or by a fine of not more than one\\nthousand dollars, or by both such fine and imprisonment upon the first\\nconviction and by a term of imprisonment not to exceed one year or by a\\nfine of not less than one thousand dollars and not to exceed two\\nthousand five hundred dollars or by both such fine and imprisonment upon\\na subsequent conviction. Any person who shall knowingly and wilfully\\nfail to surrender his or her registration card as required by\\nsubdivision seven of section eighty-nine-l of this article shall be\\nguilty of a violation punishable by a fine not to exceed two hundred\\nfifty dollars in addition to any other penalty prescribed by law. Each\\nviolation of this article shall be deemed a separate offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-Q", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-Q", "activeDate" : "2014-09-22", "sequenceNo" : 137, "repealedDate" : null, "fromSection" : "89-Q", "toSection" : "89-Q", "text" : " § 89-q. Separability. If any item, clause, sentence, subparagraph,\\nsubdivision, section or other part of this article, or the application\\nthereof to any person or circumstances shall be held to be invalid, such\\nholding shall not affect, impair or invalidate the remainder of this\\narticle, or the application of such section or part of a section held\\ninvalid, to any other person or circumstances, but shall be confined in\\nits operation to the item, clause, sentence, subparagraph, subdivision,\\nsection or other part of this article directly involved in such holding,\\nor to the person and circumstances therein involved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-R", "title" : "Preemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-R", "activeDate" : "2014-09-22", "sequenceNo" : 138, "repealedDate" : null, "fromSection" : "89-R", "toSection" : "89-R", "text" : " § 89-r. Preemption. The provisions of this article shall govern\\nnotwithstanding any other law to the contrary and further, no local law\\nshall be enacted which shall require any fee or license for the\\nlicensure of registration or security guards.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-S", "title" : "Reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-S", "activeDate" : "2014-09-22", "sequenceNo" : 139, "repealedDate" : null, "fromSection" : "89-S", "toSection" : "89-S", "text" : " § 89-s. Reporting. On or before February first, nineteen hundred\\nninety-four, and on or before February first of each succeeding year,\\nthe secretary, upon consultation with the commissioner and the security\\nguard advisory council, shall report to the governor, the temporary\\npresident of the senate and the speaker of the assembly on the\\nimplementation, procedures, operation, training, and enforcement of the\\nsecurity guard act of nineteen hundred ninety-two, together with any\\nrecommendations relating thereto. Such report shall include, but not be\\nlimited to:\\n a. the number of security guards registered and maintained in the\\nsecurity guard registry;\\n b. the number of applicants for registration, and the number of\\napplications denied with the reason or reasons therefor;\\n c. statistics related to the time it takes to process fingerprint\\ncards, applications and inquiries to the registry by security guard\\ncompanies;\\n d. the number and length of suspensions and revocations, and the\\nnumber and amount of fines imposed;\\n e. the amount of fees collected by the department and the division;\\n f. the level of appropriation authority available to the department\\nand the division and the amount of money expended by the department and\\ndivision for the purposes of carrying out the provisions of this\\narticle; and\\n g. any other information which the department and the division deem\\nnecessary. The division shall provide the department with any\\ninformation necessary to comply with the requirements of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-W", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-09-24", "2022-03-04", "2024-07-05" ], "docLevelId" : "89-W", "activeDate" : "2014-09-22", "sequenceNo" : 140, "repealedDate" : null, "fromSection" : "89-W", "toSection" : "89-W", "text" : " * § 89-w. Applicability. The provisions of this article shall not\\napply to a not-for-profit security guard company or public entity which\\nhires a security guard or guards for a specific event or events solely\\nfor its own proprietary use and which employs such security guards only\\non a temporary basis for a total period not exceeding fifteen days per\\nyear.\\n * NB Numerically this section should be in Art. 8 but its subject\\nmatter places it in Art. 7-A.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A8", "title" : "Process Servers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 141, "repealedDate" : null, "fromSection" : "89-T", "toSection" : "89-V", "text" : " ARTICLE 8\\n PROCESS SERVERS\\nSection 89-t. Definitions.\\n 89-u. Process server records, penalties.\\n 89-v. Enforcement by attorney general.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-T", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-T", "activeDate" : "2014-09-22", "sequenceNo" : 142, "repealedDate" : null, "fromSection" : "89-T", "toSection" : "89-T", "text" : " § 89-t. Definitions. For this article, a process server is a person\\nother than an attorney or a party to an action acting on his own behalf\\nwho: (a) derives income from the service of papers in an action; or (b)\\nhas effected service of process in five or more actions or proceedings\\nin the twelve month period immediately preceding the service in\\nquestion. A person who serves interlocutory papers upon an attorney or\\nwho serves papers on behalf of a federal, state or local governmental\\nagency in the course of his employment by such agency shall not be\\ndeemed a process server within the meaning of this article by virtue of\\nsuch service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-U", "title" : "Process server records, penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-U", "activeDate" : "2014-09-22", "sequenceNo" : 143, "repealedDate" : null, "fromSection" : "89-U", "toSection" : "89-U", "text" : " § 89-u. Process server records, penalties. 1. Each process server\\nshall maintain a legible record of all service made by him as prescribed\\nin this section.\\n 2. The record to be maintained shall include the following\\ninformation, where applicable:\\n a. the title of the action;\\n b. the name of the person served, if known;\\n c. the date and approximate time service was effected;\\n d. the address where service was effected;\\n e. the nature of the papers served;\\n f. the court in which the action has been commenced;\\n g. the index number of the action, if known.\\n 3. If service is effected pursuant to subdivisions one, two, or three\\nof section three hundred eight of the civil practice law and rules, the\\nrecord shall also include the description of the person served,\\nincluding, but not limited to, sex, color of skin, hair color,\\napproximate age, height and weight and other identifying features.\\n 4. If service is effected pursuant to subdivision four of section\\nthree hundred eight of the civil practice law and rules, the record\\nshall also include the dates, addresses and time of attempted service\\npursuant to subdivisions one, two or three of such section.\\n 5. If the process server files an affidavit of service with the court,\\nhis record shall include the date of such filing.\\n 6. Process servers shall retain each record required to be kept under\\nthis article for a period of two years from the date of service. Where a\\nprocess server is employed as a process server by any person, a copy of\\nsuch records shall also be maintained by such person at his principal\\noffice in this state for the same period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-V", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-V", "activeDate" : "2014-09-22", "sequenceNo" : 144, "repealedDate" : null, "fromSection" : "89-V", "toSection" : "89-V", "text" : " § 89-v. Enforcement by attorney general. In addition to the other\\nremedies provided, whenever there shall be a violation of this article,\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules.\\nWhenever the court shall determine that a violation of this article has\\noccurred, the court may impose a civil penalty of not more than one\\nthousand dollars for each violation. Provided, however, a process server\\nor agency may not be held liable for penalty in any action brought under\\nthis section for violation of this article, if the process server or\\nagency shows by a preponderance of the evidence that the violation was\\nnot intentional and resulted from a bona fide error, notwithstanding the\\nmaintenance of procedures reasonably adopted to avoid any such error.\\nExamples of a bona fide error include, but are not limited to, clerical\\ncalculation, computer malfunction and programming and printing errors.\\nIn connection with any such proposed application, the attorney general\\nis authorized to take proof and make a determination of the relevant\\nfacts and to issue subpoenas in accordance with the civil practice law\\nand rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A8-A", "title" : "Process Servers and Process Serving Agencies In Cities Having a Population of One Million or More", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-A", "activeDate" : "2014-09-22", "sequenceNo" : 145, "repealedDate" : null, "fromSection" : "89-BB", "toSection" : "89-LL", "text" : " ARTICLE 8-A\\n PROCESS SERVERS AND PROCESS SERVING AGENCIES IN CITIES\\n HAVING A POPULATION OF ONE MILLION OR MORE\\nSection 89-bb. Definitions.\\n 89-cc. Process server records.\\n 89-dd. Process serving agency records.\\n 89-ee. Responsibility of process serving agency and process\\n servers.\\n 89-ff. Affidavits of service.\\n 89-gg. Availability of records.\\n 89-hh. Enforcement by attorney general.\\n 89-ii. Preservation of private remedies.\\n 89-jj. Preemption.\\n 89-kk. Severability.\\n 89-ll. Applicability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-BB", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-BB", "activeDate" : "2014-09-22", "sequenceNo" : 146, "repealedDate" : null, "fromSection" : "89-BB", "toSection" : "89-BB", "text" : " § 89-bb. Definitions. For the purposes of this article:\\n 1. A \"process server\" is a person, other than an attorney or a party\\nto an action acting on his own behalf, who: (a) derives income from the\\nservice of papers in an action; or (b) has effected service of process\\nin five or more actions or proceedings in the twelve month period\\nimmediately preceding the service in question. A person who serves\\ninterlocutory papers upon an attorney or who serves papers on behalf of\\na federal, state or local governmental agency in the course of his\\nemployment by such agency shall not be deemed a process server within\\nthe meaning of this article by virtue of such service.\\n 2. A \"process serving agency\" is any person, firm, partnership,\\nassociation or corporation, other than an attorney or a law firm located\\nin this state, who, as owner, manager or contractor, maintains an\\noffice, bureau or agency for the purpose of assigning or distributing\\nprocess to individual process servers for actual service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-CC", "title" : "Process server records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-13", "2022-06-10" ], "docLevelId" : "89-CC", "activeDate" : "2014-09-22", "sequenceNo" : 147, "repealedDate" : null, "fromSection" : "89-CC", "toSection" : "89-CC", "text" : " § 89-cc. Process server records. 1. Each process server shall maintain\\na legible record of all service made by him as prescribed in this\\nsection. Such records shall be kept in chronological order in a bound,\\npaginated volume. Corrections in records shall be made only by drawing a\\nstraight line through the inaccurate entry and clearly printing the\\naccurate information directly above the inaccurate entry. All other\\nmethods of correction, including but not limited to erasing, opaquing,\\nobliterating or redacting, are prohibited.\\n 2. The record to be maintained shall include the following\\ninformation, where applicable:\\n (a) the title of the action or a reasonable abbreviation thereof;\\n (b) the name of the person served, if known;\\n (c) the date and approximate time service was effected;\\n (d) the address where service was effected;\\n (e) the nature of the papers served;\\n (f) the court in which the action has been commenced;\\n (g) the index number of the action, if known;\\n (h) if service is effectuated pursuant to subdivision four of section\\nthree hundred eight of the civil practice law and rules or subdivision\\none of section seven hundred thirty-five of the real property actions\\nand proceedings law, a description of the color of the door to which the\\nsummons is affixed;\\n (i) the process serving agency from whom the process served was\\nreceived, if any;\\n (j) type of service effected whether personal, substituted or\\nconspicuous;\\n (k) if service is effected pursuant to subdivision one, two or three\\nof section three hundred eight of the civil practice law and rules, the\\nrecord shall also include the description of the person served,\\nincluding, but not limited to sex, color of skin, hair color,\\napproximate age, height and weight and other identifying features;\\n (l) if service is effected pursuant to subdivision four of section\\nthree hundred eight of the civil practice law and rules, the record\\nshall also include the dates, addresses and time of attempted service\\npursuant to subdivision one, two or three of such section;\\n (m) if the process server files an affidavit of service with the\\ncourt, his record shall include the date of such filing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-DD", "title" : "Process serving agency records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-DD", "activeDate" : "2014-09-22", "sequenceNo" : 148, "repealedDate" : null, "fromSection" : "89-DD", "toSection" : "89-DD", "text" : " § 89-dd. Process serving agency records. 1. Each process serving\\nagency shall be required to keep complete and accurate records with\\nrespect to each process server to whom it distributes, assigns or\\ndelivers process to be served. Corrections in records shall be made only\\nby drawing a straight line through the inaccurate entry and clearly\\nprinting the accurate information directly above the inaccurate entry.\\nAll other methods of correction, including but not limited to, erasing,\\nopaquing, obliterating, or redacting, are prohibited.\\n 2. Such records shall include, where applicable:\\n (a) The name of the process server to whom process is distributed,\\nassigned or delivered to be served;\\n (b) The titles or a reasonable abbreviation thereof and index numbers\\nof each case if filed in court by the agency;\\n (c) The date that such papers were assigned for service, and the date\\nthat service was effected;\\n (d) The person from whom such papers were received for service;\\n (e) The date of filing of papers with the court if filed by the\\nagency;\\n (f) The type of service effected whether personal, substituted or\\nconspicuous.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-EE", "title" : "Responsibility of process serving agency and process servers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-EE", "activeDate" : "2014-09-22", "sequenceNo" : 149, "repealedDate" : null, "fromSection" : "89-EE", "toSection" : "89-EE", "text" : " § 89-ee. Responsibility of process serving agency and process servers.\\n1. It shall be unlawful for a process server to fail to comply with all\\nlegal requirements for the service of process.\\n 2. A process serving agency shall be legally responsible for the acts\\nof each process server to whom it has distributed, assigned or delivered\\nprocess for service if it could reasonably have known that the process\\nserver was acting improperly.\\n 3. It shall be unlawful for a process serving agency or a process\\nserver to fail to comply with all laws and regulations respecting\\npreparation, notarization and filing of affidavits of service of process\\nand other documents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-FF", "title" : "Affidavits of service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-FF", "activeDate" : "2014-09-22", "sequenceNo" : 150, "repealedDate" : null, "fromSection" : "89-FF", "toSection" : "89-FF", "text" : " § 89-ff. Affidavits of service. It shall be unlawful for a process\\nserver to fail to set forth on any affidavit of service or process\\nsigned by him his license or registration number if such process server\\nis required to be licensed or registered pursuant to any state or local\\nlaw and the name and address of any process serving agency from whom he\\nobtained the process for service if any.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-GG", "title" : "Availability of records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-GG", "activeDate" : "2014-09-22", "sequenceNo" : 151, "repealedDate" : null, "fromSection" : "89-GG", "toSection" : "89-GG", "text" : " § 89-gg. Availability of records. All records required to be\\nmaintained by this article shall be retained by a process server or\\nprocess serving agency for a minimum of three years and shall be\\navailable for inspection by the attorney general. The attorney general\\nshall afford a process server or process serving agency at least five\\ndays prior written notice of its desire to make an inspection of records\\nand shall specify the records to be inspected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-HH", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-HH", "activeDate" : "2014-09-22", "sequenceNo" : 152, "repealedDate" : null, "fromSection" : "89-HH", "toSection" : "89-HH", "text" : " § 89-hh. Enforcement by attorney general. In addition to the other\\nremedies provided, whenever there shall be a violation of this article,\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules.\\nWhenever the court shall determine that a violation of this article has\\noccurred, the court may impose a civil penalty of not more than one\\nthousand dollars for each violation. Provided, however, a process server\\nor agency may not be held liable for penalty in any action brought under\\nthis section for violation of this article, if the process server or\\nagency shows by a preponderance of the evidence that the violation was\\nnot intentional and resulted from a bona fide error, notwithstanding the\\nmaintenance of procedures reasonably adopted to avoid any such error.\\nExamples of a bona fide error include, but are not limited to, clerical\\ncalculation, computer malfunction and programming and printing errors.\\nIn connection with any such proposed application, the attorney general\\nis authorized to take proof and make a determination of the relevant\\nfacts and to issue subpoenas in accordance with the civil practice law\\nand rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-II", "title" : "Preservation of private remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-II", "activeDate" : "2014-09-22", "sequenceNo" : 153, "repealedDate" : null, "fromSection" : "89-II", "toSection" : "89-II", "text" : " § 89-ii. Preservation of private remedies. Nothing in this article\\nshall be construed to nullify or impair any right or rights which an\\nindividual may have against a process server or process serving agency\\nat common law, by statute or otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-JJ", "title" : "Preemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-JJ", "activeDate" : "2014-09-22", "sequenceNo" : 154, "repealedDate" : null, "fromSection" : "89-JJ", "toSection" : "89-JJ", "text" : " § 89-jj. Preemption. This article does not annul, alter, affect or\\nexempt any person or business entity subject to the provisions of this\\narticle from complying with any local law, ordinance or regulation with\\nrespect to process servers or process serving agencies except to the\\nextent that those laws are inconsistent with any provision of this\\narticle, and then only to the extent of the inconsistency. For purposes\\nof this section, a local law, ordinance or regulation is not\\ninconsistent with this article if the protection such law or regulation\\naffords a consumer is greater than the protection provided by this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-KK", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-KK", "activeDate" : "2014-09-22", "sequenceNo" : 155, "repealedDate" : null, "fromSection" : "89-KK", "toSection" : "89-KK", "text" : " § 89-kk. Severability. If any provision of this article or if any\\napplication thereof to any person or circumstance is held invalid, the\\nremainder of this article and the application of the provision to other\\npersons and circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-LL", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-LL", "activeDate" : "2014-09-22", "sequenceNo" : 156, "repealedDate" : null, "fromSection" : "89-LL", "toSection" : "89-LL", "text" : " § 89-ll. Applicability. This article shall apply only in cities having\\na population of one million or more.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A8-B", "title" : "Licensing of Armored Car Carriers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-B", "activeDate" : "2014-09-22", "sequenceNo" : 157, "repealedDate" : null, "fromSection" : "89-AAA", "toSection" : "89-NNN", "text" : " ARTICLE 8-B\\n LICENSING OF ARMORED CAR CARRIERS\\nSection 89-aaa. Short title.\\n 89-bbb. Definitions.\\n 89-ccc. Doing business without a license prohibited.\\n 89-ddd. Application for licenses.\\n 89-eee. Conditions precedent to licensing.\\n 89-fff. Licensing.\\n 89-ggg. Grounds for denial, suspension or revocation of license;\\n procedure.\\n 89-hhh. Enforcement of article; investigations.\\n 89-iii. Insurance.\\n 89-jjj. Violations and penalties.\\n 89-kkk. Preemption.\\n 89-lll. Regulations.\\n 89-nnn. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-AAA", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-AAA", "activeDate" : "2014-09-22", "sequenceNo" : 158, "repealedDate" : null, "fromSection" : "89-AAA", "toSection" : "89-AAA", "text" : " § 89-aaa. Short title. This article shall be known and may be cited as\\nthe \"armored car carrier act.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-BBB", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-BBB", "activeDate" : "2014-09-22", "sequenceNo" : 159, "repealedDate" : null, "fromSection" : "89-BBB", "toSection" : "89-BBB", "text" : " § 89-bbb. Definitions. When used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Commissioner\" means the commissioner of the division of criminal\\njustice services.\\n 2. \"Division\" means the division of criminal justice services.\\n 3. \"Secretary\" means the secretary of state.\\n 4. \"Department\" means the department of state.\\n 6. \"Armored car carrier\" means any individual, partnership,\\nassociation, limited liability company, corporation, or any other\\nentity, engaging in the business of providing armored car services for\\nhire.\\n 7. \"Armored car services\" means engaging in the business of providing\\nsecured transportation, protection and safeguarding of valuable cargo\\nfrom one place or point to another, including the provision of cash\\nservices for automated teller machines, by means of specially designed\\nand constructed bullet-resistant armored vehicles and armored car\\nguards.\\n 8. \"Armored car guard\" has the meaning ascribed to that term by\\nsubdivision eight of section eighty-nine-ppp of this chapter.\\n 9. \"Valuable cargo\" means money, cash, currency, coin, bullion,\\nprecious metals and articles made therefrom, gems and jewelry,\\nnegotiable and non-negotiable securities, bonds, notes, checks, drafts,\\ncoupons, or other valuable instruments, documents or certificates,\\nincluding tapes, computer disks, or other electronic or magnetic media,\\nU.S. Postage Stamps, food stamps, and other articles of unusual value.\\n 10. \"Licensee\" means an armored car carrier that has been issued a\\nlicense in accordance with the provisions of this article.\\n 11. \"Principal\" means any person controlling an interest greater than\\nten percent of an armored car carrier.\\n 12. \"Officer\" means the four primary officers of a corporation,\\nnormally defined as president, vice-president, secretary and treasurer.\\n 13. \"Serious offense\" has the meaning ascribed to that term by\\nsubdivision thirteen of section eighty-nine-f of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-CCC", "title" : "Doing business without a license prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-CCC", "activeDate" : "2014-09-22", "sequenceNo" : 160, "repealedDate" : null, "fromSection" : "89-CCC", "toSection" : "89-CCC", "text" : " § 89-ccc. Doing business without a license prohibited. 1. No\\nindividual, partnership, association, limited liability company,\\ncorporation, or any other entity, shall operate in the state as an\\narmored car carrier or provide armored car services, or hold themselves\\nout as an armored car carrier or provider of armored car services,\\nexcept as authorized by this article and without first being licensed by\\nthe department. No armored car carrier shall employ any armored car\\nguard who does not possess a conditional letter of authority or a valid\\nregistration card in accordance with the provisions of article eight-C\\nof this chapter.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\neach armored car carrier engaging in the business of providing armored\\ncar services in the state as of the effective date of this section, may\\ncontinue to provide such services until the one hundred eightieth day\\nafter this section shall have taken effect. No armored car carrier shall\\nprovide armored car services after such date which has not complied with\\nthe provisions of this article and article eight-C of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-DDD", "title" : "Application for licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-DDD", "activeDate" : "2014-09-22", "sequenceNo" : 161, "repealedDate" : null, "fromSection" : "89-DDD", "toSection" : "89-DDD", "text" : " § 89-ddd. Application for licenses. 1. Application for a license\\nrequired under this article shall be in writing, subscribed by the\\napplicant under oath, and in the form prescribed by the secretary, and\\nshall contain the following:\\n a. The exact name and the address of the applicant and its date of\\nincorporation or organization, as applicable;\\n b. The name and the business and residential address of each principal\\nand officer of the applicant;\\n c. The complete address where the business of the applicant is to be\\nconducted, showing the street and number, if any, post office and\\nbuilding and room number, if any, the office building and room number,\\nif any, and the municipality and county;\\n d. If the applicant has one or more branches, subsidiaries or\\naffiliates operating in the state, the complete address of each such\\nplace of business; and\\n e. A complete set of two fingerprint cards for each principal and\\nofficer of the applicant on a standard fingerprint card approved by the\\ndivision and a fee pursuant to subdivision eight-a of section eight\\nhundred thirty-seven of the executive law, and amendments thereto, for\\nthe cost of the division's full search and retain procedures, which fee\\nshall be remitted by the department to the division for deposit by the\\ncomptroller into the general fund. Before approving such application\\nthe secretary, or his or her designee, shall forward one copy of such\\nfingerprint card and the processing fee to the division upon receipt of\\nsuch fingerprints. The division shall forward to the secretary a report\\nwith respect to the applicant's previous criminal history, if any, or a\\nstatement that the applicant has no previous criminal history according\\nto its files. Upon the written request of an armored car carrier, the\\nsecretary shall require each principal and officer of the applicant to\\nsubmit to an additional fingerprint check by the Federal Bureau of\\nInvestigation, and to remit the appropriate fee therefor. If additional\\ncopies of fingerprints are required the applicant shall furnish them\\nupon request.\\n 2. Upon original application for a license to operate as an armored\\ncar carrier, the applicant shall pay an application fee in the amount of\\nthree hundred dollars. Upon application for a license renewal, the\\nlicensee shall pay a renewal processing fee in the amount of three\\nhundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-EEE", "title" : "Conditions precedent to licensing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-EEE", "activeDate" : "2014-09-22", "sequenceNo" : 162, "repealedDate" : null, "fromSection" : "89-EEE", "toSection" : "89-EEE", "text" : " § 89-eee. Conditions precedent to licensing. Upon filing of an\\napplication for a license, if the secretary shall be satisfied that the\\ngood character, competency and integrity of the applicant, and of the\\nprincipals and officers thereof, are such as to comply with the\\nprovisions of this article, he or she shall thereupon issue a license to\\noperate as an armored car carrier in accordance with the provisions of\\nthis article. Such license shall remain in full force and effect for a\\nperiod of three years unless it is surrendered by the licensee or\\nrevoked or suspended as hereinafter provided; if the secretary shall not\\nso find, the secretary shall not issue such license and the secretary\\nshall notify the applicant of the denial in writing. The secretary\\nshall approve or deny every application for license hereunder within\\nninety days from the filing thereof. No license shall be issued to an\\napplicant who has been convicted of a serious offense, or of a\\nmisdemeanor, where such conviction, in the discretion of the secretary,\\nbears such a relationship to providing armored car services so as to\\nconstitute a bar to licensure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-FFF", "title" : "Licensing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-FFF", "activeDate" : "2014-09-22", "sequenceNo" : 163, "repealedDate" : null, "fromSection" : "89-FFF", "toSection" : "89-FFF", "text" : " § 89-fff. Licensing. 1. Each license issued under this article shall\\nstate the address or addresses at which the business is to be conducted\\nand shall state fully the name of the licensee, and the date and place\\nof its incorporation or organization, as applicable, and the expiration\\ndate of the license. A copy of such license shall be prominently posted\\nin each place of business of the licensee. Such license shall not be\\ntransferable or assignable.\\n 2. In the event the location at which the business is to be conducted\\nshall be changed, the licensee shall forthwith notify the secretary in\\nwriting, who shall thereupon without charge attach to the license a\\nrider setting forth such changed location.\\n 3. In the event that there shall be any changes among the principals\\nor officers of any licensee, the licensee shall forthwith notify the\\nsecretary in writing, of the name and address of each new principal or\\nofficer, and shall submit a complete set of two fingerprint cards, and\\nthe appropriate fee, for each such principal or officer in accordance\\nwith the provisions of paragraph e of subdivision one of section\\neighty-nine-ddd of this article.\\n 4. Prior to the sale or transfer of all or the majority of the stock\\nor assets of any armored car carrier, the new principals or officers of\\nthe purchaser or transferee shall apply for a new license with the\\ndepartment in accordance with the provisions of sections eighty-nine-ddd\\nand eighty-nine-eee of this article. Such application shall be made at\\nleast sixty days prior to such sale or transfer. If the purchaser or\\ntransferee is an existing licensee under this article, then such\\nlicensee need not reapply for licensure hereunder, but shall notify the\\ndepartment in writing of such purchase or transfer at least sixty days\\nprior thereto.\\n 5. A license granted under the provisions of this article may be\\nrenewed by the department upon the application therefor by the licensee,\\nin such form as the department may prescribe, accompanied by the\\nnonrefundable renewal processing fee pursuant to subdivision two of\\nsection eighty-nine-ddd of this article. In no event shall renewal be\\ngranted more than six months after the date of expiration of a license.\\nNo individual, partnership, association, limited liability company,\\ncorporation, or any other entity shall engage in the business of\\nproviding armored car services subject to this article during any period\\nwhich may exist between the date of expiration of a license and the\\nrenewal thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-GGG", "title" : "Grounds for denial, suspension or revocation of license; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-GGG", "activeDate" : "2014-09-22", "sequenceNo" : 164, "repealedDate" : null, "fromSection" : "89-GGG", "toSection" : "89-GGG", "text" : " § 89-ggg. Grounds for denial, suspension or revocation of license;\\nprocedure. 1. The secretary shall have the power to suspend or revoke a\\nlicense or, in lieu thereof, impose a fine not exceeding one thousand\\ndollars payable to the department, or, reprimand any licensee or deny an\\napplication for a renewal thereof upon proof:\\n a. That the applicant or licensee has violated any of the provisions\\nof this article or the rules and regulations promulgated hereunder;\\n b. That the applicant or licensee has practiced fraud, deceit or\\nmisrepresentation;\\n c. That the applicant or licensee has demonstrated incompetence or\\nuntrustworthiness in his or her actions;\\n d. That the applicant or licensee has been convicted of a serious\\noffense or misdemeanor which, in the discretion of the secretary, bears\\nsuch a relationship to the provision of armored car services by an\\narmored car carrier as to constitute a bar to licensure or renewal; or\\n e. That the applicant or licensee has violated any of the provisions\\nor article eight-C of this chapter or the rules and regulations\\npromulgated thereunder.\\n 2. No license shall be revoked or suspended and no fine or reprimand\\nshall be imposed except after written notice and hearing as set forth in\\nsubdivisions two, three, four, five and six of section seventy-nine of\\nthis chapter. The secretary shall revoke a license issued to a person\\npursuant to this section upon proof that, on or after the date such\\nlicensee applied for such license, the licensee was convicted of one or\\nmore serious offenses.\\n 3. No license may be suspended or temporarily suspended pursuant to\\nthis section based upon the fact that a licensee is charged with one or\\nmore serious offenses, or charged with or convicted of a misdemeanor\\nwhich, in the discretion of the secretary, bears such a relationship to\\nthe performance of the duties of an armored car carrier, as to\\nconstitute a bar to licensure unless:\\n a. there is a direct relationship between one or more such serious\\noffenses and the license to do business or business activities of an\\narmored car carrier; or\\n b. the possession of a license by such armored car carrier would\\ninvolve an unreasonable risk to property or to the safety or welfare of\\nspecific individuals or the general public.\\n 4. Pending the hearing and adjudication on suspension or revocation of\\na license pursuant to the provisions of subdivision three of this\\nsection, such license may be temporarily suspended, in accordance with\\nthe provisions of subdivision four of section eighty-nine-1 of this\\nchapter, provided that such subdivision shall be read in such a manner\\nas to apply to armored car carriers or armored car guards as the context\\nrequires.\\n 5. Every license issued hereunder shall remain in full force and\\neffect for a period of three years unless the same shall have been\\nsurrendered, revoked or suspended in accordance with the provisions of\\nthis article.\\n 6. Whenever the secretary shall revoke or suspend a license issued\\npursuant to this article, the secretary shall forthwith execute a\\nwritten order to that effect. The secretary shall forthwith serve a copy\\nof such order upon the licensee. Any such order may be reviewed in the\\nmanner provided by article seventy-eight of the civil practice law and\\nrules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-HHH", "title" : "Enforcement of article; investigations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-HHH", "activeDate" : "2014-09-22", "sequenceNo" : 165, "repealedDate" : null, "fromSection" : "89-HHH", "toSection" : "89-HHH", "text" : " § 89-hhh. Enforcement of article; investigations. All armored car\\ncarriers shall be subject to the enforcement provisions contained in\\narticle seven of this chapter, provided that such provisions shall be\\nread in such a manner as to apply to armored car carriers or armored car\\nguards, as the context requires.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-III", "title" : "Insurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-III", "activeDate" : "2014-09-22", "sequenceNo" : 166, "repealedDate" : null, "fromSection" : "89-III", "toSection" : "89-III", "text" : " § 89-iii. Insurance. 1. Every armored car carrier shall obtain a\\nminimum of ten million dollars all risk insurance coverage and such\\nadditional amounts as are sufficient to cover the value of each valuable\\ncargo consigned in transit or while safeguarded in such carrier's\\nvaults. In addition, each such carrier shall obtain comprehensive\\ngeneral liability insurance coverage for death, personal injury and\\nproperty damage in the minimum amount of five hundred thousand dollars\\nper occurrence and one million dollars in the aggregate.\\n 2. A written certificate or certificates of insurance shall be\\nprovided to the secretary by each armored car carrier as part of its\\napplication for a license pursuant to the provisions of section\\neighty-nine-ddd of this article, or for renewal of such license in\\naccordance with the provisions of subdivision five of section\\neighty-nine-fff of this article.\\n 3. Failure by an armored car carrier to keep such all risk insurance\\nor comprehensive general liability insurance coverage in full force and\\neffect, shall be a ground for the secretary to refuse to issue or renew\\na license, or to suspend or revoke such license, in accordance with the\\nprovisions of section eighty-nine-ggg of this article.\\n 4. All such insurance required by this section shall be issued by an\\ninsurance company licensed to do business in the state or shall\\notherwise be procured by a duly licensed excess line broker pursuant to\\nsection two thousand one hundred eighteen of the insurance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-JJJ", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-JJJ", "activeDate" : "2014-09-22", "sequenceNo" : 167, "repealedDate" : null, "fromSection" : "89-JJJ", "toSection" : "89-JJJ", "text" : " § 89-jjj. Violations and penalties. 1. Any armored car carrier and the\\nseveral members, principals, officers, directors, agents or employees\\nthereof, who shall knowingly and willfully make material misstatements\\nin the application for a license, or renewal thereof, under the\\nprovisions of this article, or which permits or authorizes the\\nemployment of an individual as an armored car guard in violation of the\\nprovisions of article eight-C of this chapter, shall be guilty of a\\nmisdemeanor, which, upon conviction, shall be punishable by a term of\\nimprisonment not to exceed six months, or by a fine of not more than one\\nthousand dollars, or by both such fine and imprisonment, upon the first\\nconviction, and by a term of imprisonment not to exceed one year, or by\\na fine of not less than one thousand dollars and not to exceed two\\nthousand five hundred dollars, or by both such fine and imprisonment,\\nupon a subsequent conviction.\\n 2. Upon the motion of the secretary or upon his or her own motion, the\\nattorney general shall investigate alleged provision of unlicensed\\narmored car services. In the event that the attorney general determines\\nthat unlicensed armored car services are being or have been provided, he\\nor she shall commence a civil action against those responsible persons,\\nand an application shall be made in the name of the people of the state\\nto a court of competent jurisdiction to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of the provision of unlicensed armored car\\nservices; and, if it shall appear to the satisfaction of the court that\\nthe defendant has engaged in the business of providing unlicensed\\narmored car services, an injunction may be issued by such court or\\njustice, enjoining and restraining any such unlicensed services, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. Whenever the court shall determine that the defendant has\\nviolated the provisions of this article by providing unlicensed armored\\ncar services, the court may fine such defendant not less than one\\nthousand dollars for each violation, but in no event shall the total\\namount of such fine exceed the sum of twenty-five thousand dollars.\\n 3. Each violation of this article shall be deemed a separate offense.\\n 4. Unless otherwise provided under this article, all fees, fines and\\npenalties collected under this article shall be deposited by the state\\ncomptroller to the credit of the licensing examinations services account\\nwithin the miscellaneous special revenue fund established pursuant to\\nthe provisions of section ninety-seven-aa of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-KKK", "title" : "Preemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-KKK", "activeDate" : "2014-09-22", "sequenceNo" : 168, "repealedDate" : null, "fromSection" : "89-KKK", "toSection" : "89-KKK", "text" : " § 89-kkk. Preemption. 1. The provisions of this article shall\\nexclusively govern all armored car carriers notwithstanding the\\nprovisions of any other law to the contrary and further, no local law\\nshall be enacted which shall attempt to regulate or require any fee or\\nlicense for the licensure or registration of armored car carriers.\\nUnless otherwise provided under this article, all such carriers are\\nspecifically exempt and excluded from the provisions of articles seven\\nand seven-A of this chapter or any other law purporting to regulate,\\nwatch, guard or patrol agencies or security guard companies or agents\\nand employees thereof.\\n 2. The provisions of this article shall not apply to any subsidiary of\\nan entity organized and operating pursuant to the federal \"bank holding\\ncompany act of 1956\" (12 U.S.C.A.S. 1841 et seq.).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-LLL", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-LLL", "activeDate" : "2014-09-22", "sequenceNo" : 169, "repealedDate" : null, "fromSection" : "89-LLL", "toSection" : "89-LLL", "text" : " § 89-lll. Regulations. The secretary is hereby authorized and\\nempowered to promulgate rules and regulations necessary for the proper\\nconduct of the business authorized under this article, and not\\ninconsistent herewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-NNN", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-NNN", "activeDate" : "2014-09-22", "sequenceNo" : 170, "repealedDate" : null, "fromSection" : "89-NNN", "toSection" : "89-NNN", "text" : " § 89-nnn. Separability. In the event it is determined by a court of\\ncompetent jurisdiction that any phrase, clause, part, subdivision,\\nparagraph or section, or any of the provisions of this article, is\\nunconstitutional or otherwise invalid or inoperative, such determination\\nshall not affect the validity or effect of the remaining provisions of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A8-C", "title" : "Training and Registration of Armored Car Guards", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-C", "activeDate" : "2014-09-22", "sequenceNo" : 171, "repealedDate" : null, "fromSection" : "89-OOO", "toSection" : "89-ZZZ", "text" : " ARTICLE 8-C\\n TRAINING AND REGISTRATION OF ARMORED CAR GUARDS\\nSection 89-ooo. Short Title.\\n 89-ppp. Definitions.\\n 89-qqq. Qualifications for an armored car guard registration\\n card.\\n 89-rrr. Application for registration card.\\n 89-sss. Training requirements; waiver or exemption.\\n 89-ttt. Annual training; background checks.\\n 89-uuu. Interim employment.\\n 89-vvv. Conditional letter of authority; issuance of\\n registration card; suspension or revocation; renewal.\\n 89-www. Violations and penalties.\\n 89-xxx. Preemption.\\n 89-yyy. Regulations.\\n 89-zzz. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-OOO", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-OOO", "activeDate" : "2014-09-22", "sequenceNo" : 172, "repealedDate" : null, "fromSection" : "89-OOO", "toSection" : "89-OOO", "text" : " § 89-ooo. Short title. This article shall be known and may be cited as\\nthe \"armored car guard act.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-PPP", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "89-PPP", "activeDate" : "2015-08-21", "sequenceNo" : 173, "repealedDate" : null, "fromSection" : "89-PPP", "toSection" : "89-PPP", "text" : " § 89-ppp. Definitions. When used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Commissioner\" means the commissioner of the division of criminal\\njustice services.\\n 2. \"Division\" means the division of criminal justice services.\\n 3. \"Secretary\" means the secretary of state.\\n 4. \"Department\" means the department of state.\\n 6. \"Armored car carrier\" has the meaning ascribed to that term by\\nsubdivision six of section eighty-nine-bbb of this chapter.\\n 7. \"Armored car services\" has the meaning ascribed to that term by\\nsubdivision seven or section eighty-nine-bbb of this chapter.\\n 8. \"Armored car guard\" means an individual employed by an armored car\\ncarrier to provide armored car services and who carries a firearm or is\\nauthorized by the employer to access a firearm when providing armored\\ncar services, and who holds a conditional letter of authority or a valid\\nregistration card issued by the department pursuant to the provisions of\\nthis article.\\n 9. \"Applicant\" means an individual who has filed an application with\\nthe department for a registration card.\\n 10. \"Holder\" means an individual who has been issued a conditional\\nletter of authority or a registration card by the department.\\n 11. \"Registration card\" means a photographic identification card\\nissued by the department signifying that the holder has been certified\\nby the department to perform armored car services in the employ of an\\narmored car carrier and to carry firearms in connection therewith.\\nNothing herein contained shall relieve such holder from any provision of\\nlaw which requires that he or she be licensed to carry such firearm.\\n 12. \"Qualified firearms instructor\" means an individual who holds a\\ncertificate as a firearms instructor from an association or organization\\nrecognized by the division.\\n 13. \"Qualified firearms training course\" means a minimum forty-seven\\nhour firearms training course for armored car guards that is specific\\nand germane to the armored car carrier industry, recognized by the\\ndivision in consultation with the armored car carrier industry.\\n 14. \"Peace officer\" has the meaning ascribed to that term by\\nsubdivision thirty-three of section 1.20 of the criminal procedure law,\\nwho is employed full-time as a peace officer and who has successfully\\ncompleted the training requirements as set forth in subdivision one of\\nsection 2.30 of such law.\\n 15. \"Police officer\" has the meaning ascribed to that term by\\nsubdivision thirty-four of section 1.20 of the criminal procedure law.\\n 16. \"Valuable cargo\" has the meaning ascribed to that term by\\nsubdivision nine of section eighty-nine-bbb of this chapter.\\n 17. \"Serious offense\" has the meaning ascribed to that term by\\nsubdivision thirteen of section eighty-nine-f of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-QQQ", "title" : "Qualifications for an armored car guard registration card", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-QQQ", "activeDate" : "2014-09-22", "sequenceNo" : 174, "repealedDate" : null, "fromSection" : "89-QQQ", "toSection" : "89-QQQ", "text" : " § 89-qqq. Qualifications for an armored car guard registration card.\\nNo applicant shall have been convicted of a serious offense, or of a\\nmisdemeanor which, in the discretion of the secretary, bears such a\\nrelationship to the performance of the duties of an armored car guard,\\nas to constitute a bar to employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-RRR", "title" : "Application for registration card", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-RRR", "activeDate" : "2014-09-22", "sequenceNo" : 175, "repealedDate" : null, "fromSection" : "89-RRR", "toSection" : "89-RRR", "text" : " § 89-rrr. Application for registration card. An application for an\\narmored car guard registration card shall be verified and subscribed by\\nthe applicant and shall contain the following information:\\n 1. Full name;\\n 2. Aliases or maiden name;\\n 3. Current residence and telephone number;\\n 4. Any conviction of a crime, as that term is defined in section 10.00\\nof the penal law;\\n 5. A complete set of two fingerprint cards on a standard fingerprint\\ncard approved by the division. Before approving such application the\\nsecretary, or his or her designee, shall transmit to the division one\\ncopy of such fingerprint card and the fee required pursuant to\\nsubdivision seven of this section and cause to be conducted a search of\\nstate files to ascertain whether the applicant has a previous criminal\\nhistory. Upon the written request of an armored car carrier, the\\nsecretary shall require each applicant to submit to an additional\\nfingerprint check by the federal bureau of investigation, and to remit\\nthe appropriate fee therefor. The secretary may cause an investigation\\nto be conducted to verify the information contained in the application\\nprovided. The department, in consultation with the division, may waive\\nsuch background checks, investigations and fees if, in its opinion, the\\napplicant has been subject to previous background checks and\\ninvestigation requirements which meet or exceed the requirements of this\\nsection or the federal \"Armored Car Industry Reciprocity Act of 1993,\"\\npub. l. 103-55 (15 U.S.C. § 5901 et seq.), and amendments thereto. The\\ndepartment, in consultation with the division, may not be required to\\nconduct background checks or investigations for applicants who are also\\nemployed as peace officers. If additional copies of fingerprints are\\nrequired the applicant shall furnish them upon request;\\n 6. Two photographs of such applicant taken within thirty days prior to\\nthe filing of the application of a size prescribed by the department;\\nand\\n 7. An application processing fee of fifty dollars and a fee pursuant\\nto subdivision eight-a of section eight hundred thirty-seven of the\\nexecutive law, and amendments thereto, for the cost of the division's\\nfull search and retain procedures, which fee shall be remitted by the\\ndepartment to the division for deposit by the comptroller into the\\ngeneral fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-SSS", "title" : "Training requirements; waiver or exemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "89-SSS", "activeDate" : "2015-08-21", "sequenceNo" : 176, "repealedDate" : null, "fromSection" : "89-SSS", "toSection" : "89-SSS", "text" : " § 89-sss. Training requirements; waiver or exemption. 1. Every armored\\ncar guard, other than a police officer, employed by an armored car\\ncarrier shall be required to satisfactorily complete a qualified\\nfirearms training course. Such course shall include appropriate range\\ninstruction by a qualified firearms instructor, and range qualification\\nwith each type and caliber of firearm he or she will have access to\\nwhile on duty.\\n 2. Such course shall be given and administered by armored car carriers\\nor their designees. Every armored car carrier shall maintain a record of\\nand certify to the secretary, in writing, the satisfactory completion of\\nsuch course by any armored car guard.\\n 3. Nothing herein shall be construed to prohibit an armored car\\ncarrier from voluntarily providing training programs and courses which\\nexceed the minimum requirements provided by this section.\\n 4. The commissioner shall waive the training requirements specified in\\nsubdivision one of this section, with respect to applicants employed by\\narmored car carriers, if the applicant provides appropriate\\ndocumentation to demonstrate that he or she was or is subject to\\ntraining requirements which meet or exceed the requirements established\\npursuant to such subdivision.\\n 5. An armored car guard who has been or was previously employed as a\\npeace officer for eighteen months or more who exhibits a valid\\ncertificate awarded pursuant to subdivision six of section 2.30 of the\\ncriminal procedure law attesting to his or her satisfactory completion\\nof the training requirements imposed by section 2.30 of the criminal\\nprocedure law, shall be exempt from the requirements of subdivision one\\nof this section, provided that such peace officer has completed a course\\nof firearms training recognized by the division. Nothing in this\\nsubdivision shall be deemed to authorize such guard to carry, possess,\\nrepair or dispose of a firearm unless the appropriate license therefor\\nhas been issued pursuant to section 400.00 of the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-TTT", "title" : "Annual training; background checks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-TTT", "activeDate" : "2014-09-22", "sequenceNo" : 177, "repealedDate" : null, "fromSection" : "89-TTT", "toSection" : "89-TTT", "text" : " § 89-ttt. Annual training; background checks. 1. a. In addition to the\\nminimum firearms training required by section eighty-nine-sss of this\\narticle, each armored car guard, other than a police officer, shall\\nsatisfactorily complete an eight hour in-service firearms training\\ncourse, recognized by the division, at least annually. Such course shall\\nbe administered by armored car carriers, or their designees, and shall\\ninclude requalification with the firearms he or she will have access to\\nwhile on duty, under the supervision of a qualified firearms instructor.\\nEvery armored car carrier shall maintain a record of and certify to the\\nsecretary, in writing, the satisfactory completion of such course by any\\narmored car guard.\\n b. An armored car guard who is also employed as a peace officer for\\neighteen months or more shall be exempt from the requirements of\\nparagraph a of this subdivision as long as he or she is currently\\nemployed as a peace officer and provides to his or her employer proof of\\nsuch annual in-service firearms training required under such paragraph.\\n 2. The secretary or his or her designee shall annually ensure that\\neach armored car guard holding a valid registration card is subject to\\nthe division's ongoing criminal history search and retain procedures.\\n 3. Notwithstanding the provisions of this article, an armored car\\nguard and his or her employer shall comply with the provisions of the\\nfederal \"Armored Car Industry Reciprocity Act of 1993,\" pub. l. 103-55\\n(15 U.S.C. § 5901 et seq.), and amendments thereto.\\n 4. Every armored car carrier shall permit the department to inspect,\\nreview or copy training records to ensure compliance with the provisions\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-UUU", "title" : "Interim employment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-UUU", "activeDate" : "2014-09-22", "sequenceNo" : 178, "repealedDate" : null, "fromSection" : "89-UUU", "toSection" : "89-UUU", "text" : " § 89-uuu. Interim employment. For each armored car guard employed by\\nan armored car carrier, as of the effective date of this section, such\\ncarrier shall, at a time assigned by the secretary pursuant to a\\nstaggered schedule, comply with the provisions of this article with\\nrespect to registration. Until the assigned filing date, such armored\\ncar carrier may continue to employ such guard to provide armored car\\nservices. No armored car carrier may employ any such guard after the\\nassigned filing date who has not complied with the registration\\nrequirements as set forth in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-VVV", "title" : "Conditional letter of authority; issuance of registration card; suspension or revocation; renewal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-VVV", "activeDate" : "2014-09-22", "sequenceNo" : 179, "repealedDate" : null, "fromSection" : "89-VVV", "toSection" : "89-VVV", "text" : " § 89-vvv. Conditional letter of authority; issuance of registration\\ncard; suspension or revocation; renewal. 1. Upon review of the completed\\napplication required by section eighty-nine-rrr of this article and\\nafter the applicant has met the qualifications of section\\neighty-nine-qqq of this article, the department shall issue a\\nconditional letter of authority, in a form prescribed by the secretary,\\nto such applicant within five business days after receipt of the\\ncompleted application. Any such applicant may be employed by an armored\\ncar carrier, pending his or her satisfaction of the requirements of\\nsection eighty-nine-sss of this article not later than one hundred\\neighty days after the date of submission of the completed application.\\n 2. Upon review of the completed application required by section\\neighty-nine-rrr of this article and after the applicant has met the\\nqualifications of section eighty-nine-qqq of this article and satisfied\\nthe requirements of section eighty-nine-sss of this article, the\\ndepartment shall issue a registration card, in a form prescribed by the\\nsecretary, which shall include the guard's name, photograph, card\\nnumber, expiration date, and any other information the department deems\\nnecessary. The department shall issue or deny issuance of such\\nregistration card within ninety days after receipt of a completed\\napplication therefor. Denial of a registration card hereunder shall be\\nreviewable by an administrative hearing as set forth in subdivisions\\ntwo, three, four, five and six of section seventy-nine of this chapter.\\n 3. The secretary may suspend, for a period not to exceed eighteen\\nmonths, revoke, or refuse to reissue, as the case may be, a conditional\\nletter of authority or registration card issued pursuant to this\\nsection, after a hearing pursuant to subdivisions two, three, four, five\\nand six of section seventy-nine of this chapter, for one or more of the\\nfollowing causes:\\n a. the holder is convicted of a serious offense or a misdemeanor\\nwhich, in the discretion of the secretary, bears such a relationship to\\nthe performance of the duties of an armored car guard, as to constitute\\na bar to employment;\\n b. the holder has practiced fraud, deceit or misrepresentation;\\n c. the holder is in violation of any provisions of this article or the\\nrules and regulations promulgated hereunder; or\\n d. the possession of a license as an armored car guard would involve\\nan unreasonable risk to property or to the safety or welfare of specific\\nindividuals or the general public.\\n 4. Pending the hearing and adjudication on suspension or revocation of\\na conditional letter of authority or registration card pursuant to the\\nprovisions of subdivision three of this section, such conditional letter\\nof authority or registration card may be temporarily suspended, in\\naccordance with the provisions of subdivision four of section\\neighty-nine-l of this chapter, provided that such subdivision shall be\\nread in such a manner as to apply to armored car carriers or armored car\\nguards as the context requires. The secretary shall revoke a\\nconditional letter of authority or registration card issued to any\\nholder pursuant to this section, after a hearing pursuant to\\nsubdivisions two, three, four, five and six of section seventy-nine of\\nthis chapter, upon proof that, on or after the date such holder applied\\nfor such conditional letter of authority or registration card, the\\nholder was convicted of one or more serious offenses.\\n 5. No conditional letter of authority or registration card may be\\nsuspended or temporarily suspended pursuant to this section based upon\\nthe fact that a holder is charged with one or more serious offenses, or\\ncharged with or convicted of a misdemeanor which, in the discretion of\\nthe secretary, bears such a relationship to the performance of the\\nduties of an armored car guard, as to constitute a bar to employment\\nunless:\\n a. there is a direct relationship between one or more such serious\\noffenses and the conditional letter, registration card or employment of\\nthe holder as an armored car guard; or\\n b. the possession of a conditional letter or registration card by the\\nholder or the employment of the holder as an armored car guard would\\ninvolve an unreasonable risk to property or to the safety or welfare of\\nspecific individuals or the general public.\\n 6. The secretary, or the officer designated by the secretary to\\npreside over the hearing pursuant to this section, shall forthwith give\\nwritten notice of the suspension, revocation or nonrenewal of a\\nconditional letter of authority or registration card, to the holder and\\nthe armored car carrier by which the holder was employed at the time of\\nsuch suspension, revocation or nonrenewal. Any such order may be\\nreviewed in the manner provided by article seventy-eight of the civil\\npractice law and rules.\\n 7. A registration card issued pursuant to subdivision two of this\\nsection shall be reissued biennially by the secretary upon timely\\napplication therefor and submission of a renewal processing fee of fifty\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-WWW", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-WWW", "activeDate" : "2014-09-22", "sequenceNo" : 180, "repealedDate" : null, "fromSection" : "89-WWW", "toSection" : "89-WWW", "text" : " § 89-www. Violations and penalties. 1. Any individual who is employed\\nas an armored car guard or who acts as an armored car guard in violation\\nof the provisions of this article or who knowingly and willfully makes\\nmaterial misstatements in the application for or renewal of his or her\\nconditional letter of authority or registration card, as the case may\\nbe, or who permits or authorizes the employment of an individual as an\\narmored car guard in violation of the provisions of this article, shall\\nbe guilty of a misdemeanor, which, upon conviction, shall be punishable\\nby a term of imprisonment not to exceed six months, or by a fine of not\\nmore than one thousand dollars, or by both such fine and imprisonment,\\nupon the first conviction, and by a term of imprisonment not to exceed\\none year, or by a fine of not less than one thousand dollars and not to\\nexceed two thousand five hundred dollars, or by both such fine and\\nimprisonment, upon a subsequent conviction.\\n 2. a. Any holder who shall knowingly and willfully fail to surrender\\nhis or her conditional letter of authority or registration card within\\nfive days of receipt of notice of suspension, revocation, or nonrenewal\\nthereof by the secretary, or the officer designated by the secretary to\\npreside over the hearing, pursuant to the provisions of section\\neighty-nine-vvv of this article, shall be guilty of a violation,\\npunishable by a fine not to exceed two hundred fifty dollars, in\\naddition to any other penalty prescribed by law.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\nwhere it is determined after a hearing that the holder has violated one\\nor more provisions of this article pursuant to paragraph c of sudivision\\nthree of section eighty-nine-vvv of this article, the secretary may, in\\nlieu of revocation or suspension of the conditional letter of authority\\nor registration card of such holder, impose a fine not to exceed one\\nthousand dollars for each violation, payable to the department.\\n 3. Each violation of this article shall be deemed a separate offense.\\n 4. Unless otherwise provided under this article, all fees, fines and\\npenalties collected under this article shall be deposited to the credit\\nof the licensing examinations services account established pursuant to\\nthe provisions of section ninety-seven-aa of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-XXX", "title" : "Preemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-XXX", "activeDate" : "2014-09-22", "sequenceNo" : 181, "repealedDate" : null, "fromSection" : "89-XXX", "toSection" : "89-XXX", "text" : " § 89-xxx. Preemption. 1. The provisions of this article shall\\nexclusively govern all armored car guards notwithstanding the provisions\\nof any other law to the contrary and further, no local law shall be\\nenacted which shall regulate or require any fee or license for the\\nlicensure or registration of armored car guards. Unless otherwise\\nprovided under this article, all such guards are specifically exempt and\\nexcluded from the provisions of articles seven and seven-A of this\\nchapter or any other law purporting to regulate watch, guard or patrol\\nagencies or security guard companies or agents and employees thereof.\\n 2. The provisions of this article shall not apply to any subsidiary of\\nan entity organized and operating pursuant to the federal \"bank holding\\ncompany act of 1956\" (12 U.S.C.A.S. 1841 et seq.).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-YYY", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "89-YYY", "activeDate" : "2015-08-21", "sequenceNo" : 182, "repealedDate" : null, "fromSection" : "89-YYY", "toSection" : "89-YYY", "text" : " § 89-yyy. Regulations. The secretary and commissioner, in consultation\\nwith the armored car carrier industry, are hereby authorized and\\nempowered to promulgate rules and regulations necessary for the proper\\nconduct of the business authorized under this article, and not\\ninconsistent herewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "89-ZZZ", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89-ZZZ", "activeDate" : "2014-09-22", "sequenceNo" : 183, "repealedDate" : null, "fromSection" : "89-ZZZ", "toSection" : "89-ZZZ", "text" : " § 89-zzz. Separability. In the event it is determined by a court of\\ncompetent jurisdiction that any phrase, clause, part, subdivision,\\nparagraph or section, or any of the provisions of this article, is\\nunconstitutional or otherwise invalid or inoperative, such determination\\nshall not affect the validity or effect of the remaining provisions of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A9", "title" : "Bills of Lading, Warehouse Receipts, Other Receipts and Vouchers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9", "activeDate" : "2014-09-22", "sequenceNo" : 184, "repealedDate" : null, "fromSection" : "90", "toSection" : "111", "text" : " ARTICLE 9\\n BILLS OF LADING, WAREHOUSE RECEIPTS, OTHER RECEIPTS AND\\n VOUCHERS\\nSection 90. Fictious bills of lading, receipts and vouchers.\\n 91. Offenses by pipe-line corporations.\\n 92. Erroneous bills of lading or receipts, issued in good\\n faith, excepted.\\n 93. Duplicate receipts must be marked \"duplicate.\"\\n 94. Selling, hypothecating or pledging property received for\\n transportation or storage.\\n 95. Bill of lading or receipt issued by warehouseman must be\\n canceled on redelivery of the property.\\n 96. Property demanded by process of law.\\n 97. Penalty for failure to issue bill of lading.\\n 98. Issue of bill of lading for goods not received.\\n 99. Issue of bill of lading containing false statement.\\n 100. Issue of duplicate bill of lading not so marked.\\n 101. Negotiation of bill of lading for goods subject to security\\n interest or lien.\\n 102. Negotiation of bill of lading when goods are not in common\\n carrier's possession.\\n 103. Inducing common carrier to issue bill of lading when goods\\n have not been received.\\n 104. Issue of a non-negotiable bill of lading not so marked.\\n 105. Issue of warehouse receipts for goods not received.\\n 106. Issue of warehouse receipt containing false statement.\\n 107. Issue of duplicate warehouse receipt not so marked.\\n 108. Issue for warehouseman's goods of warehouse receipts which\\n do not state that fact.\\n 109. Delivery of goods without obtaining negotiable warehouse\\n receipt.\\n 110. Negotiation of warehouse receipt for goods subject to\\n security interest or lien.\\n 111. Issue of non-negotiable warehouse receipt not so marked.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "90", "title" : "Fictitious bills of lading, receipts and vouchers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "90", "activeDate" : "2014-09-22", "sequenceNo" : 185, "repealedDate" : null, "fromSection" : "90", "toSection" : "90", "text" : " § 90. Fictitious bills of lading, receipts and vouchers. A person who:\\nBeing the master, owner or agent of any vessel, or officer or agent of\\nany railway, express or transportation company, or otherwise being or\\nrepresenting any carrier, delivers any bill of lading, receipt or other\\nvoucher, by which it appears that mechandise of any kind has been\\nshipped on board a vessel, or delivered to a railway, express or\\ntransportation company, or other carrier, unless the same has been so\\nshipped or delivered and is at the time actually under the control of\\nsuch carrier, or the master, owner or agent of such vessel or of some\\nofficer or agent of such company, to be forwarded as expressed in such\\nbill of lading, receipt or voucher, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "91", "title" : "Offenses by pipe-line corporations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "91", "activeDate" : "2014-09-22", "sequenceNo" : 186, "repealedDate" : null, "fromSection" : "91", "toSection" : "91", "text" : " § 91. Offenses by pipe-line corporations. A pipe-line corporation, or\\na person being the officer, agent, manager or representative thereof,\\nwho:\\n 1. Accepts, makes or issues any receipt, certificate or order of any\\nkind for any commodity, unless the commodity represented is actually at\\nthe time in the possession of the corporation; or,\\n 2. Delivers to any person any petroleum or other commodity received\\nfor transportation by such corporation without the presentation and\\nsurrender of all vouchers, receipts, orders or certificates that have\\nbeen issued or accepted for the same; or,\\n 3. Having parted with the possession of any commodity and having\\nreceived therefor an order, voucher, receipt or certificate, shall\\nreissue the same, or shall not cause it to be cancelled by the word\\n\"cancelled\" stamped or printed legibly across the face thereof, and to\\nbe filed and recorded by such corporation, as provided by law,\\n Is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "92", "title" : "Erroneous bills of lading or receipts, issued in good faith, excepted", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "92", "activeDate" : "2014-09-22", "sequenceNo" : 187, "repealedDate" : null, "fromSection" : "92", "toSection" : "92", "text" : " § 92. Erroneous bills of lading or receipts, issued in good faith,\\nexcepted. No person can be convicted of an offense under the last two\\nsections, for the reason that the contents of any barrel, box, case,\\ncask or other vessel or package mentioned in the bill of lading, receipt\\nor other voucher did not correspond with the description given in such\\ninstrument of merchandise received, if such description corresponds\\nsubstantially with the marks, labels or brands upon the outside of such\\nvessel or package, unless it appears that the defendant knew that such\\nmarks, labels or brands were untrue.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "93", "title" : "Duplicate receipts must be marked \"duplicate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "93", "activeDate" : "2014-09-22", "sequenceNo" : 188, "repealedDate" : null, "fromSection" : "93", "toSection" : "93", "text" : " § 93. Duplicate receipts must be marked \"duplicate.\" A person\\nmentioned in sections ninety and ninety-one, who issues any second or\\nduplicate receipt or voucher, of a kind specified in those sections, at\\na time while a former receipt or voucher for the merchandise specified\\nin such second receipt is outstanding and uncanceled, without writing\\nacross the face of the same the word \"duplicate,\" in a plain and legible\\nmanner, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "94", "title" : "Selling, hypothecating or pledging property received for transportation or storage", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "94", "activeDate" : "2014-09-22", "sequenceNo" : 189, "repealedDate" : null, "fromSection" : "94", "toSection" : "94", "text" : " § 94. Selling, hypothecating or pledging property received for\\ntransportation or storage. A person mentioned in sections ninety and\\nninety-one, who sells or pledges any merchandise for which a bill of\\nlading, receipt or voucher has been issued by him, without the consent\\nin writing thereto of the person holding such bill, receipt or voucher,\\nis guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "95", "title" : "Bill of lading or receipt issued by warehouseman must be canceled on redelivery of the property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "95", "activeDate" : "2014-09-22", "sequenceNo" : 190, "repealedDate" : null, "fromSection" : "95", "toSection" : "95", "text" : " § 95. Bill of lading or receipt issued by warehouseman must be\\ncanceled on redelivery of the property. A person mentioned in section\\nninety, who delivers to another any merchandise for which a bill of\\nlading, receipt or voucher has been issued, unless such bill of lading,\\nreceipt or voucher bears upon its face the words, \"not negotiable,\"\\nplainly written or stamped, or unless such receipt is surrendered to be\\ncanceled at the time of such delivery or a bond, undertaking, letter of\\nguarantee or indemnity is given in lieu thereof at the time of such\\ndelivery, or unless, in case of a partial delivery, a memorandum thereof\\nis endorsed upon such bill of lading, receipt or voucher, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "96", "title" : "Property demanded by process of law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "96", "activeDate" : "2014-09-22", "sequenceNo" : 191, "repealedDate" : null, "fromSection" : "96", "toSection" : "96", "text" : " § 96. Property demanded by process of law. The last two sections do\\nnot apply to any case where property is demanded by virtue of legal\\nprocess.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "97", "title" : "Penalty for failure to issue bill of lading", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "97", "activeDate" : "2014-09-22", "sequenceNo" : 192, "repealedDate" : null, "fromSection" : "97", "toSection" : "97", "text" : " § 97. Penalty for failure to issue bill of lading. Any person who,\\nbeing the owner, master or agent of any vessel transporting merchandise\\nor property between ports of this state, departs with such vessel or\\ncauses such vessel to depart from the port where such merchandise or\\nproperty is taken on board, without giving or tendering to the shipper\\nof such merchandise or property, if a bill of lading be demanded by such\\nshipper, a bill of lading or shipping document as provided by section\\nthree hundred ninety-eight of this chapter, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "98", "title" : "Issue of bill of lading for goods not received", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "98", "activeDate" : "2014-09-22", "sequenceNo" : 193, "repealedDate" : null, "fromSection" : "98", "toSection" : "98", "text" : " § 98. Issue of bill of lading for goods not received. Any officer,\\nagent or servant of a common carrier, who with intent to defraud issues\\nor aids in issuing a bill of lading knowing that all or any part of the\\ngoods for which such bill of lading is issued have not been received by\\nsuch common carrier, or by an agent of such common carrier, or by a\\nconnecting common carrier, or are not under the common carrier's control\\nat the time of issuing such bill, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "99", "title" : "Issue of bill of lading containing false statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "99", "activeDate" : "2014-09-22", "sequenceNo" : 194, "repealedDate" : null, "fromSection" : "99", "toSection" : "99", "text" : " § 99. Issue of bill of lading containing false statement. Any officer,\\nagent, or servant of a common carrier, who with intent to defraud issues\\nor aids in issuing a bill of lading for goods knowing that it contains\\nany false statement, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "100", "title" : "Issue of duplicate bill of lading not so marked", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "100", "activeDate" : "2014-09-22", "sequenceNo" : 195, "repealedDate" : null, "fromSection" : "100", "toSection" : "100", "text" : " § 100. Issue of duplicate bill of lading not so marked. Any officer,\\nagent or servant of a common carrier, who with intent to defraud issues\\nor aids in issuing a duplicate or additional negotiable bill of lading\\nfor goods, other than goods to be transported to any place in the United\\nStates except Alaska and Hawaii, without plainly placing upon the face\\nthereof the word \"duplicate\", knowing that a former negotiable bill of\\nlading for the same goods or any part of them is outstanding and\\nuncanceled, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "101", "title" : "Negotiation of bill of lading for goods subject to security interest or lien", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "101", "activeDate" : "2014-09-22", "sequenceNo" : 196, "repealedDate" : null, "fromSection" : "101", "toSection" : "101", "text" : " § 101. Negotiation of bill of lading for goods subject to security\\ninterest or lien. Any person who ships goods to which he has not title,\\nor which are subject to a security interest, or upon which there is a\\nlien, and who takes for such goods a negotiable bill of lading which he\\nafterwards negotiates for value with intent to deceive and without\\ndisclosing his want of title or the existence of the security interest\\nor lien, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "102", "title" : "Negotiation of bill of lading when goods are not in common carrier's possession", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "102", "activeDate" : "2014-09-22", "sequenceNo" : 197, "repealedDate" : null, "fromSection" : "102", "toSection" : "102", "text" : " § 102. Negotiation of bill of lading when goods are not in common\\ncarrier's possession. Any person who with intent to deceive negotiates\\nor transfers for value a bill of lading knowing that any or all of the\\ngoods which by the terms of such bill of lading appear to have been\\nreceived for transportation by the common carrier which issued the bill\\nof lading, are not in possession or control of such common carrier, or\\nof a connecting common carrier, without disclosing this fact, shall be\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "103", "title" : "Inducing common carrier to issue bill of lading when goods have not been received", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "103", "activeDate" : "2014-09-22", "sequenceNo" : 198, "repealedDate" : null, "fromSection" : "103", "toSection" : "103", "text" : " § 103. Inducing common carrier to issue bill of lading when goods have\\nnot been received. Any person who with intent to defraud secures the\\nissue by a common carrier of a bill of lading knowing that at the time\\nof such issue, any or all of the goods described in such bill of lading\\nas received for transportation have not been received by such common\\ncarrier, or an agent of such common carrier or a connecting common\\ncarrier, or are not under the common carrier's control, by inducing an\\nofficer, agent or servant of such common carrier falsely to believe that\\nsuch goods have been received by such common carrier, or are under its\\ncontrol, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "104", "title" : "Issue of a non-negotiable bill of lading not so marked", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "104", "activeDate" : "2014-09-22", "sequenceNo" : 199, "repealedDate" : null, "fromSection" : "104", "toSection" : "104", "text" : " § 104. Issue of a non-negotiable bill of lading not so marked. Any\\nperson who with intent to defraud issues or aids in issuing a\\nnon-negotiable bill of lading without the words \"not negotiable\" placed\\nplainly upon the face thereof, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "105", "title" : "Issue of warehouse receipt for goods not received", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "105", "activeDate" : "2014-09-22", "sequenceNo" : 200, "repealedDate" : null, "fromSection" : "105", "toSection" : "105", "text" : " § 105. Issue of warehouse receipt for goods not received. A\\nwarehouseman, or any officer, agent or servant of a warehouseman, who\\nissues or aids in issuing a warehouse receipt knowing that the goods for\\nwhich such warehouse receipt is issued have not been actually received\\nby such warehouseman, or are not under his actual control at the time of\\nissuing such warehouse receipt, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "106", "title" : "Issue of warehouse receipt containing false statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "106", "activeDate" : "2014-09-22", "sequenceNo" : 201, "repealedDate" : null, "fromSection" : "106", "toSection" : "106", "text" : " § 106. Issue of warehouse receipt containing false statement. A\\nwarehouseman, or any officer, agent or servant of a warehouseman, who\\nfraudulently issues or aids in fraudulently issuing a warehouse receipts\\nfor goods knowing that it contains any false statement, shall be guilty\\nof a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "107", "title" : "Issue of duplicate warehouse receipt not so marked", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "107", "activeDate" : "2014-09-22", "sequenceNo" : 202, "repealedDate" : null, "fromSection" : "107", "toSection" : "107", "text" : " § 107. Issue of duplicate warehouse receipt not so marked. A\\nwarehouseman, or any officer, agent or servant of a warehouseman, who\\nissues or aids in issuing a duplicate or additional negotiable warehouse\\nreceipt for goods knowing that a former negotiable warehouse receipt for\\nthe same goods or any part of them is outstanding and uncanceled,\\nwithout plainly placing upon the face thereof the word \"duplicate,\"\\nshall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "108", "title" : "Issue for warehouseman's goods of warehouse receipts which do not state the fact", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "108", "activeDate" : "2014-09-22", "sequenceNo" : 203, "repealedDate" : null, "fromSection" : "108", "toSection" : "108", "text" : " § 108. Issue for warehouseman's goods of warehouse receipts which do\\nnot state the fact. Where there are deposited with or held by a\\nwarehouseman goods of which he is owner, either solely or jointly or in\\ncommon with others, such warehouseman, or any of his officers, agents or\\nservants who, knowing this ownership, issues or aids in issuing a\\nnegotiable warehouse receipt for such goods which does not state such\\nownership, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "109", "title" : "Delivery of goods without obtaining negotiable warehouse receipt", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "109", "activeDate" : "2014-09-22", "sequenceNo" : 204, "repealedDate" : null, "fromSection" : "109", "toSection" : "109", "text" : " § 109. Delivery of goods without obtaining negotiable warehouse\\nreceipt. A warehouseman, or any officer, agent or servant of a\\nwarehouseman who delivers goods out of the possession of such\\nwarehouseman, knowing that a negotiable warehouse receipt the\\nnegotiation of which would transfer the right to the possession of such\\ngoods is outstanding and uncanceled, without obtaining the possession of\\nsuch negotiable warehouse receipt at or before the time of such\\ndelivery, shall, except in the cases provided for in sections 7-210 and\\n7-601 of the uniform commercial code or if the goods have been lawfully\\nsold or disposed of because of their perishable or hazardous nature, be\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "110", "title" : "Negotiation of warehouse receipt for goods subject to security interest or lien", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "110", "activeDate" : "2014-09-22", "sequenceNo" : 205, "repealedDate" : null, "fromSection" : "110", "toSection" : "110", "text" : " § 110. Negotiation of warehouse receipt for goods subject to security\\ninterest or lien. Any person who deposits with a warehouseman goods to\\nwhich he has no title, or which are subject to a security interest, or\\nupon which there is a lien, and who takes for such goods a negotiable\\nwarehouse receipt which he afterward negotiates for value with intent to\\ndeceive and without disclosing his want of title or the existence of the\\nsecurity interest or lien, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "111", "title" : "Issue of non-negotiable warehouse receipt not so marked", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111", "activeDate" : "2014-09-22", "sequenceNo" : 206, "repealedDate" : null, "fromSection" : "111", "toSection" : "111", "text" : " § 111. Issue of non-negotiable warehouse receipt not so marked. Any\\nperson who with intent to defraud issues or aids in issuing a\\nnon-negotiable warehouse receipt without the words \"not negotiable\"\\nplaced plainly upon the face thereof, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 22 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A9-A", "title" : "Passage Tickets", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-A", "activeDate" : "2014-09-22", "sequenceNo" : 207, "repealedDate" : null, "fromSection" : "115", "toSection" : "127", "text" : " ARTICLE 9-A\\n PASSAGE TICKETS\\nSection 115. Company defined.\\n 116. Redemption of unused passage tickets.\\n 117. Advertising as agent, without written authorization; false\\n or misleading information.\\n 118. Issuance of order or other instrument securing passage by\\n vessel from foreign port to this state; what to contain.\\n 119. Punishment for violation of two preceding sections.\\n 120. Street railroad or omnibus transfer tickets not to be given\\n away or sold.\\n 121. Owners, pursers and clerks allowed to sell tickets.\\n 122. Station masters, conductors and agents allowed to sell\\n tickets.\\n 123. What must be stated in passage ticket.\\n 124. Sale of tickets not filled out, a misdemeanor.\\n 125. Soliciting the surrender of tickets a misdemeanor.\\n 126. Purchase or selling partially used non-transferable\\n railroad tickets, a misdemeanor.\\n 127. Unlawful acts relating to passage tickets, reservations or\\n passenger accommodations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "115", "title" : "Company defined", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "115", "activeDate" : "2014-09-22", "sequenceNo" : 208, "repealedDate" : null, "fromSection" : "115", "toSection" : "115", "text" : " § 115. Company defined. The term \"company,\" as used in this article,\\nincludes all corporations, whether created under the laws of this state,\\nor of the United States, or of those of any other state or nation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "116", "title" : "Redemption of unused passage tickets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "116", "activeDate" : "2014-09-22", "sequenceNo" : 209, "repealedDate" : null, "fromSection" : "116", "toSection" : "116", "text" : " § 116. Redemption of unused passage tickets. Every person who shall\\nhave purchased a passage ticket from an authorized agent of a railroad\\ncompany, which shall not have been used, or shall have been used only in\\npart, may, within thirty days after the date of the sale of said ticket,\\npresent the same, unused or partly used, for redemption, at the general\\noffice of the railroad company which issued said ticket, or at the\\nticket office where said ticket was sold, or at the ticket office at the\\npoint to which the ticket has been used. If said ticket wholly unused,\\nshall be presented for redemption at the ticket office where sold, the\\nsame shall be then and there redeemed by the agent in charge of said\\nticket office at the price paid for said ticket. If said ticket, partly\\nused, shall be presented for redemption at the ticket office where sold,\\nor at the ticket office at the point to which used, the ticket agent at\\neither of said offices, upon delivery of said ticket, shall issue to the\\nholder thereof a receipt, properly describing said ticket and setting\\nforth the date of the receipt of said ticket, and the name of the person\\nfrom whom received, and shall thereupon forthwith transmit said ticket\\nfor redemption to the general office. It shall be the duty of every\\nrailroad company to redeem tickets presented for redemption, as in this\\nsection provided for promptly and within not to exceed thirty days from\\nthe date of presentation at the general office or from the date of the\\naforesaid receipt. A wholly unused ticket shall be redeemed at the price\\npaid therefor. A partly used ticket shall be redeemed at a rate which\\nshall be equal to the difference between the price paid for the whole\\nticket and the cost of a ticket of the same class between the points for\\nwhich said ticket was actually used. Mileage books shall be redeemed\\nwithin thirty days after the date of the expiration thereof in the same\\nmanner. Provided, however, that nothing herein contained shall be deemed\\nto prohibit the requirement by tariff of advance notice of cancellation\\nas a condition to the redemption or use of passage tickets in connection\\nwith which reserve accommodations have been obtained; provided, further,\\nthat nothing herein contained shall be deemed to prohibit the\\nestablishment by tariff of a service charge for the redemption of wholly\\nunused or partly used tickets. Every railroad company which shall\\nwrongfully refuse redemption, as in this section provided for, shall\\nforfeit to the aggrieved party fifty dollars, which sum may be\\nrecovered, together with the amount of redemption money to which the\\nparty is entitled, in an action in any court of competent jurisdiction,\\ntogether with costs; but no such action can be maintained unless\\ncommenced within one year after the cause of action accrued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "117", "title" : "Advertising as agent, without written authorization; false or misleading information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "117", "activeDate" : "2014-09-22", "sequenceNo" : 210, "repealedDate" : null, "fromSection" : "117", "toSection" : "117", "text" : " § 117. Advertising as agent, without written authorization; false or\\nmisleading information.\\n No person issuing, selling or offering to sell any passage ticket or\\nany instrument giving or purporting to give any right, either absolutely\\nor upon any condition or contingency, to a passage or conveyance upon\\nany vessel, or a berth or stateroom in any vessel, shall hold himself\\nout to be or advertise himself in any way as the agent of the owners or\\nconsignees of such vessel or line, unless he has received authority in\\nwriting therefor, specifying the name of the company, line or vessel for\\nwhich he is authorized to act as agent and the city, town or village,\\ntogether with the street, and the street number in which his office is\\nkept for the sale of tickets, and unless such written authorization is\\nconspicuously displayed in such office. Provided that this section shall\\nnot apply to the sale of passage tickets on board any such vessel or to\\nthe offices of the actual owners or consignees of such vessel. No person\\nissuing, selling or offering to sell or holding himself out as being\\nauthorized to sell any such passage ticket or instrument giving or\\npurporting to give any such right to passage or conveyance shall give or\\ncause to be given any false or misleading information or shall print,\\npublish, distribute or circulate or cause to be printed, published,\\ndistributed or circulated any false or misleading advertisement,\\ncircular, circular letter, pamphlet, card, handbill or other printed\\npaper or notice in regard to said passage ticket or instrument or the\\npassage or voyage to which it entitles or purports to entitle its owner,\\npurchaser or holder or line over which, or the vessel for which such\\npassage is sold or offered or as to his agency for such line or vessel.\\nNo person issuing, selling or offering to sell any passenger ticket for\\npassage or conveyance aboard any vessel, including the owner or\\nconsignee of such vessel, his agents, servants, or employees, shall omit\\nreference to the country of registry of such vessel from any\\nadvertisement, circular, circular letter, pamphlet, card, handbill or\\nother printed paper or written notice, in regard to said passage ticket\\nor instrument or the passage or voyage to which it entitles or purports\\nto entitle its owner, purchaser or holder or line over which, or the\\nvessel for which such passage is sold or offered or as to his agency for\\nsuch line or vessel. Such reference shall be prominently displayed in\\nall printed matter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "118", "title" : "Issuance of order or other instrument securing passage by vessel from foreign port to this state; what to contain", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "118", "activeDate" : "2014-09-22", "sequenceNo" : 211, "repealedDate" : null, "fromSection" : "118", "toSection" : "118", "text" : " § 118. Issuance of order or other instrument securing passage by\\nvessel from foreign port to this state; what to contain. No person\\nagreeing to furnish or secure for any other person, for a consideration,\\npassage by vessel from any foreign port to any port in this state shall\\nissue any advice, order, certificate or other instrument purporting to\\nentitle one or more persons to a passage ticket or other evidence of a\\nright of passage, unless every such advise, order, certificate or\\ninstrument shall be signed or countersigned by a duly appointed agent as\\nprovided in section one hundred seventeen, of the vessel or line over\\nwhich said advice, order, certificate or other instrument is held out to\\nbe good to secure such passage ticket or other evidence of a right of\\npassage. Every such order, advice, certificate or other instrument and\\nevery receipt for money paid for or on account of any such advice,\\norder, certificate or other instrument, shall contain a statement of the\\namount paid or to be paid for such passage; the name, address and age of\\nthe person for whom intended; the name of the company or line, if any,\\nto which the vessel on which passage is to be made belongs; the place\\nfrom which such passage is to commence; the place where such passage is\\nto terminate; the name of the person purchasing such advice, order,\\ncertificate or other instrument, and such advice, order, certificate or\\nother instrument must be signed by the person who issues it.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "119", "title" : "Punishment for violation of two preceding sections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "119", "activeDate" : "2014-09-22", "sequenceNo" : 212, "repealedDate" : null, "fromSection" : "119", "toSection" : "119", "text" : " § 119. Punishment for violation of two preceding sections. Any person\\nviolating any of the provisions of the two preceding sections shall be\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "120", "title" : "Street railroad or omnibus transfer tickets not to be given away or sold", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "120", "activeDate" : "2014-09-22", "sequenceNo" : 213, "repealedDate" : null, "fromSection" : "120", "toSection" : "120", "text" : " § 120. Street railroad or omnibus transfer tickets not to be given\\naway or sold. No transfer ticket or written or printed instrument\\ngiving, or purporting to give, the right of transfer to any person from\\na public conveyance operated upon one line or route of a street surface,\\nelevated, underground railroad or omnibus line to a public conveyance\\nupon another line or route of a street surface, elevated, underground\\nrailroad or omnibus line, or from one car or omnibus to another car or\\nomnibus upon the same line or route of street surface, elevated,\\nunderground railroad or omnibus line shall be issued, sold or given\\nexcept to a passenger lawfully entitled thereto. Any person who shall\\nissue, sell or give away such a transfer ticket or instrument as\\naforesaid to a person not lawfully entitled thereto, and any person not\\nlawfully entitled thereto who shall receive and use or offer for passage\\nany such transfer ticket or instrument, or shall sell or give away such\\ntransfer ticket or instrument to another with intent to have such\\ntransfer ticket used or offered for passage after the time limited for\\nits use shall have expired, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "121", "title" : "Owners, pursers and clerks allowed to sell tickets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "121", "activeDate" : "2014-09-22", "sequenceNo" : 214, "repealedDate" : null, "fromSection" : "121", "toSection" : "121", "text" : " § 121. Owners, pursers and clerks allowed to sell tickets. The\\nprovisions of this article do not prevent the actual owners or\\nconsignees of any vessel, from selling passage tickets thereon; nor do\\nthey prevent the purser or clerk of any vessel from selling in his\\noffice on board of such vessel, any passage ticket upon such vessel.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "122", "title" : "Station masters, conductors and agents allowed to sell tickets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "122", "activeDate" : "2014-09-22", "sequenceNo" : 215, "repealedDate" : null, "fromSection" : "122", "toSection" : "122", "text" : " § 122. Station masters, conductors and agents allowed to sell tickets.\\nThe provisions of this article do not prevent the station master or\\nother ticket agent upon any railway, from selling in his office at any\\nstation on such railway, any passage tickets upon such railway; nor do\\nthey prevent any conductor upon a railway from selling such tickets upon\\nthe trains of such railway.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "123", "title" : "What must be stated in passage ticket", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "123", "activeDate" : "2014-09-22", "sequenceNo" : 216, "repealedDate" : null, "fromSection" : "123", "toSection" : "123", "text" : " § 123. What must be stated in passage ticket. A ticket or instrument\\nissued as evidence of a right of passage upon the high seas, from any\\nport in this state, to any port of any other state or nation, and every\\ncertificate or order issued for the purpose, or under pretense of\\nprocuring any such ticket or instrument, and every receipt for money\\npaid for such ticket or instrument must state the name of the vessel on\\nboard of which the passage is to be made, the name of the owners or\\nconsignees of such vessel, the name of the company, or line, if any, to\\nwhich such vessel belongs, its country of registry, the place from which\\nsuch passage is to commence, the place where such passage is to\\nterminate, the day of the month and year upon which the voyage is to\\ncommence, the name of the person purchasing such ticket or instrument,\\nor receiving such order, certificate or receipt, and the amount paid\\ntherefor; and such ticket or instrument, order, certificate or receipt,\\nunless sold or issued by the owners or consignees of such vessel, must\\nbe signed by their authorized agent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "124", "title" : "Sale of tickets not filled out, a misdemeanor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "124", "activeDate" : "2014-09-22", "sequenceNo" : 217, "repealedDate" : null, "fromSection" : "124", "toSection" : "124", "text" : " § 124. Sale of tickets not filled out, a misdemeanor. A person who\\nissues, sells or delivers to another, any ticket, instrument,\\ncertificate, order or receipt, which is not made or filled out as\\nprescribed in the last section, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "125", "title" : "Soliciting the surrender of tickets a misdemeanor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "125", "activeDate" : "2014-09-22", "sequenceNo" : 218, "repealedDate" : null, "fromSection" : "125", "toSection" : "125", "text" : " § 125. Soliciting the surrender of tickets a misdemeanor. Any hotel,\\nboarding-house, lodging-house or restaurant owner, proprietor, manager,\\nclerk or other employee or any runner, guide, porter or solicitor who\\nsolicits in any manner any immigrant or steerage passenger inward or\\noutward bound, having a railroad or steamship ticket, order or other\\ninstrument entitling or purporting to entitle such passenger to\\ntransportation or conveyance on any railroad or steamship, to surrender\\nsuch ticket, order or other instrument to such hotel, boarding-house,\\nlodging-house or restaurant owner, proprietor, manager or other employee\\nor to any runner, guide, porter or solicitor or any other person for the\\npurpose of detaining any such immigrant or steerage passenger in any\\nsuch hotel, boarding-house, lodging-house, or restaurant, shall be\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "126", "title" : "Purchase or selling partially used non-transferable railroad tickets, a misdemeanor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "126", "activeDate" : "2014-09-22", "sequenceNo" : 219, "repealedDate" : null, "fromSection" : "126", "toSection" : "126", "text" : " § 126. Purchase or selling partially used non-transferable railroad\\ntickets, a misdemeanor. It shall be unlawful for any person,\\nassociation of persons, firm or corporation to buy or sell the unused\\nportions of non-transferable railroad tickets, the use of which is\\nrestricted to the original purchasers thereof by the railroad company\\nissuing the same, or to act as vendor or broker of partially used\\nnon-transferable railroad tickets or to solicit personally or by sign or\\nadvertisement or in any other manner to aid in the sale or purchase of\\npartially used non-transferable railroad tickets. Any person violating\\nany of the provisions of this section shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "127", "title" : "Unlawful acts relating to passage tickets, reservations or passenger accommodations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "127", "activeDate" : "2014-09-22", "sequenceNo" : 220, "repealedDate" : null, "fromSection" : "127", "toSection" : "127", "text" : " § 127. Unlawful acts relating to passage tickets, reservations or\\npassenger accommodations. 1. Definitions. Whenever used in this section\\n a. The term \"established tariff charge\" is the charge set forth in the\\ntariff as published and filed by the railroad, parlor or sleeping car\\nowner or operator, steamship company, air line or bus line involved.\\n b. The term \"passage ticket\" includes each passage ticket or\\ncombination of tickets issued by any railroad, parlor or sleeping car\\nowner or operator, steamship company, air line or bus line, required by\\nany one passenger for transportation from his original point of\\ndeparture to final destination.\\n c. The term \"reservation or passenger accommodation\" includes each\\nreservation or passenger accommodation issued by any railroad, parlor or\\nsleeping car owner or operator, steamship company, air line or bus line,\\nfor the use of a passenger between his original point of departure and\\nfinal destination.\\n d. The term \"charge\" shall include any service charge, fee, payment or\\nconsideration required, charged, made or received for rendering the\\nservice of procuring or transferring a ticket, reservation or passenger\\naccommodation.\\n e. The terms \"procure\" and \"procurement\" shall include procuring by\\npurchase or otherwise.\\n 2. Any person, whether acting on behalf of himself or another person,\\nwho\\n a. Sells, resells, or causes to be resold, or offers to sell or\\nresell, any ticket, reservation or passenger accommodation, at a price\\nin excess of one dollar above the established tariff charge or charges\\ntherefor; or\\n b. Procures or possesses or offers to procure any ticket, reservation\\nor passenger accommodation, with the intent to sell or resell the same,\\nor to cause the same to be sold or resold, at a price in excess of one\\ndollar above the established tariff charge or charges; or\\n c. Requires, makes or receives a charge in excess of one dollar for\\nthe procurement or transfer of a ticket, reservation or passenger\\naccommodation; or\\n d. Procures or possesses or offers to procure a ticket, reservation or\\npassenger accommodation, with the intent to require, make or receive a\\ncharge therefor in excess of one dollar, shall be guilty of a\\nmisdemeanor.\\n 3. Proof of the sale or resale of or offer to sell or resell a ticket,\\nreservation or passenger accommodation at a price in excess of the\\namount or amounts herein specified, shall be presumptive evidence of the\\nintent specified in subdivision (b) of paragraph two hereof.\\n 4. Proof of the making or receiving of any charge in excess of one\\ndollar shall be presumptive evidence of the intent specified in\\nsubdivision (d) in paragraph two hereof.\\n 5. The person responsible for the management of each travel agency and\\nhotel operating within the state of New York shall, within thirty days\\nafter its enactment, cause a copy of this section to be posted in a\\nconspicuous place upon the premises of the agency or hotel for the\\ninformation of patrons, guests and members of the public at large.\\n 6. This section shall not apply to tickets, reservations or passenger\\naccommodations (a) to or from places outside the continental United\\nStates and Canada, excluding Alaska nor (b) to existing written\\ncontracts between any travel agency and any corporation, firm or\\ngovernment agency covering tourist or travel services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A9-B", "title" : "Use of Names and Symbols", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-B", "activeDate" : "2014-09-22", "sequenceNo" : 221, "repealedDate" : null, "fromSection" : "130", "toSection" : "143", "text" : " ARTICLE 9-B\\n USE OF NAMES AND SYMBOLS\\nSection 130. Filing of certificates by persons conducting business under\\n assumed name or as partners.\\n 131. Ownership of merchandise establishments and services to be\\n publicly revealed and displayed.\\n 132. Fictitious copartnership names.\\n 133. Use of name or address with intent to deceive.\\n 134. Fraudulent use of the name or title of secret fraternity.\\n 135. Unlawful use of name of benevolent, humane or charitable\\n corporation.\\n 136. Exhibition or display of the flag.\\n 137. Unauthorized wearing or use of badge, name or insignia of\\n certain orders and societies.\\n 138. Use of certain governmental, military or naval names.\\n 140. Wearing industry badges, or other insignia of\\n identification by unauthorized persons.\\n 141. Unlawful use of the name United Nations.\\n 142. Unlawful possession or use of an identification card issued\\n by United Nations.\\n 143. False identification documents.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "130", "title" : "Filing of certificates by persons conducting business under assumed name or as partners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "130", "activeDate" : "2014-09-22", "sequenceNo" : 222, "repealedDate" : null, "fromSection" : "130", "toSection" : "130", "text" : " § 130. Filing of certificates by persons conducting business under\\nassumed name or as partners. 1. No person shall hereafter (i) carry on\\nor conduct or transact business in this state under any name or\\ndesignation other than his or its real name, or (ii) carry on or conduct\\nor transact business in this state as a member of a partnership, unless:\\n (a) Such person, if other than a corporation, limited partnership or\\nlimited liability company, shall file in the office of the clerk of each\\ncounty in which such business is conducted or transacted a certificate\\nsetting forth the name or designation under which and the address within\\nthe county at which such business is conducted or transacted, the full\\nname or names of the person or persons conducting or transacting the\\nsame, including the names of all partners, with the residence address of\\neach such person, and the age of any person less than eighteen years of\\nage. Each certificate shall be executed and duly acknowledged by the\\nperson or, if there be more than one, by all of the persons conducting\\nthe business.\\n (b) Such person, if a corporation, limited partnership or limited\\nliability company, shall file, together with the fees as set forth in\\nsubdivision five of this section, in the office of the secretary of\\nstate a certificate setting forth the name or designation under which\\nbusiness is carried on or conducted or transacted, its corporate,\\nlimited partnership or limited liability company name, the location\\nincluding number and street, if any, of its principal place of business\\nin the state, the name of each county in which it does business or\\nintends to do business, and the location including number and street, if\\nany, of each place where it carries on or conducts or transacts business\\nin this state. Each certificate shall be executed by an officer of the\\ncorporation, a general partner of the limited partnership, a member or\\nmanager of a limited liability company, or an attorney-in-fact or\\nauthorized person for such corporation, limited partnership, or limited\\nliability company, as the case may be. A corporation which carries on or\\nconducts or transacts business in this state as a member of a\\npartnership or limited liability company shall not be required solely by\\nreason thereof to file the certificate required by this paragraph if the\\npartners shall have filed the certificate required by paragraph (a) of\\nthis subdivision.\\n 1-a. As used in this section, unless the context otherwise requires:\\n (a) \"Person\" shall mean an individual, partnership, limited\\npartnership, corporation, limited liability company and unincorporated\\nassociation;\\n (b) The \"real name\" of a corporation shall mean its corporate name as\\nset forth in its certificate of incorporation; the \"real name\" of a\\nlimited partnership shall mean its name as set forth in its certificate\\nof limited partnership; the \"real name\" of a limited liability company\\nshall mean its name as set forth in its articles of organization and any\\ngenerally accepted, understood or recognizable abbreviations of such\\nnames.\\n (c) The use by a corporation, limited partnership or limited liability\\ncompany of a divisional, departmental or trade name or designation, in\\nconjunction with the real name of the corporation, limited partnership\\nor limited liability company, shall be deemed to be the use of the real\\nname of the corporation, limited partnership or limited liability\\ncompany, for purposes of this section.\\n 2. (a) No individual, partnership, or unincorporated association shall\\nhereafter use or file a certificate for the use of any name or\\ndesignation to carry on or conduct or transact business in this state\\nwhich consists of or includes words, or initials and a word or words,\\nwhich are or appear to be the full name or names, or the initial or\\ninitials and family name of a person or persons, or a colorable\\nsimulation thereof, unless:\\n (1) the words or initials and word or words appearing to be the full\\nname or initials and family name of a person included, are the true full\\nname or the initials and family name of the person or one of the persons\\nconducting the business; or\\n (2) the words or initials and words so included, which are or appear\\nto be the full name, or the initials and family name, of any person,\\nhave a secondary, historic or geographic meaning or connotation apart\\nfrom that of a name of a person, and the name or designation so used\\ncontains a word or words clearly signifying such secondary, historic or\\ngeographic meaning or connotation, or is followed by the abbreviation\\n\"a.n.\", and said secondary, historic or geographic meaning or\\nconnotation is stated in the certificate; or\\n (3) the person or persons conducting the business are successors in\\ninterest to the person or persons theretofore using such name or names\\nto carry on or conduct or transact business, in which case the\\ncertificate filed shall so state.\\n (b) Paragraph (a) of this subdivision shall not apply to corporations,\\nlimited partnerships, or limited liability companies.\\n (c) No corporation, limited partnership or limited liability company\\nshall use or file a certificate for the use of any name or designation\\nto carry on or conduct or transact business in this state which consists\\nof or includes a word or words the use of which is prohibited or\\nrestricted by subparagraphs three through eleven of paragraph (a) of\\nsection three hundred one of the business corporation law or\\nsubparagraphs three through nine of paragraph (a) of section three\\nhundred one and paragraph (w) of section four hundred four of the\\nnot-for-profit corporation law, or paragraph three of subdivision (a) of\\nsection 121-102 of the partnership law, or subdivisions (d) through (i)\\nof section two hundred four of the limited liability company law,\\nrespectively, without having obtained any necessary consents or\\napprovals which would permit the use of the word or words pursuant to\\nsuch laws.\\n 3. Whenever a certificate which has been filed under this section does\\nnot accurately set forth the facts required by this section, or within\\nthirty days after there has been a change in such facts, an amended\\ncertificate shall be filed which shall identify the original certificate\\nand incorporate the corrections or changes. If such amended certificate\\nis filed for the purpose of adding or withdrawing the name of any person\\nto the original certificate as a person conducting a business or as a\\npartner, such amended certificate must be executed by such person and by\\nany one or more of the other persons named in the original or last\\namended certificate, unless otherwise provided by an order of the\\nsupreme court. Any other amended certificate may be executed by any one\\nor more of the persons named therein as a person conducting the business\\nor as a partner or, in the case of a corporation, by an officer of the\\ncorporation, in the case of a limited partnership, by a general partner\\nof the limited partnership, or in the case of a limited liability\\ncompany, by a member or manager of the limited liability company, or by\\nan attorney-in-fact or authorized person for such corporation, limited\\npartnership, or limited liability company, as the case may be.\\n 4. A certified copy of the original certificate, or if an amended\\ncertificate has been filed, then of the most recent amended certificate\\nfiled shall be conspicuously displayed on the premises at each place in\\nwhich the business for which the same was filed is conducted.\\n 5. (a) (1) The several county clerks of this state shall keep an\\nalphabetical index of all certificates, provided for herein, together\\nwith appropriate notations of the nature of amended certificates and\\ncertificates of discontinuance, and for the indexing and filing of such\\ncertificates, they shall receive a fee as specified in paragraph two of\\nsubdivision (b) of section eight thousand twenty-one of the civil\\npractice law and rules.\\n (2) A county clerk may adopt a new indexing system utilizing\\nelectro-mechanical, electronic or any other method he deems suitable for\\nmaintaining the indexes.\\n (b) (1) The secretary of state shall keep an alphabetical index of all\\ncertificates filed pursuant to paragraph (b) of subdivision one of this\\nsection, together with appropriate notations of the nature of amended\\ncertificates and certificates of discontinuance; and for the indexing\\nand filing of such certificates, the secretary of state shall receive a\\nfee of twenty-five dollars ($25.00).\\n (2) The secretary of state shall also collect from each corporation\\nfiling an assumed name certificate the fee or fees, as specified in\\nparagraph two of subdivision (b) of section eight thousand twenty-one of\\nthe civil practice law and rules, for each county in which the\\ncorporation does business or transacts business or intends to do or\\ntransact business, as indicated in the certificate. Any fee or fees\\ncollected by the secretary of state for filing a certificate or\\ncertificates with a county clerk shall be transmitted to such county\\nclerk together with a copy of such certificate or certificates, for\\nindexing and filing as provided above, within ten (10) business days of\\nthe last day of the month in which such fees and certificates were\\nreceived by the secretary of state. The secretary of state shall also\\ntransmit to the appropriate county clerk or clerks within such ten-day\\nperiod a copy of any amended certificates or certificates of\\ndiscontinuance received by the secretary of state for filing in such\\ncounties.\\n 6. A copy of a certificate filed under the provisions of this section,\\nduly certified to by the county clerk or secretary of state in whose\\noffice the certificate is filed, shall be presumptive evidence in all\\ncourts of this state of the facts therein contained; provided, however,\\nthat neither the certificate itself nor the filing thereof shall, for\\nany purpose other than this section, constitute or be construed as an\\nadmission by the filing person, or be used as evidence, that such person\\ndoes or has done business or has carried on, conducted or transacted\\nbusiness in this state or any county therein, or intended to do so.\\n 7. Subdivision one of this section shall not apply to a person who, or\\na partnership which, has duly filed a certificate of continued use of\\nfirm name under article seven of the partnership law, or to a private\\nbanker duly authorized by the superintendent of financial services to\\nengage in business pursuant to the provisions of the banking law or to a\\npartnership of attorneys and counsellors-at-law engaged in the practice\\nof their profession, and subdivision three of this section shall not\\napply to such a person or partnership who has filed a certificate of\\ndiscontinuance under subdivision ten of this section.\\n 8. The failure to comply with the provisions of this section shall in\\nno way affect the rights of third persons, nor shall this section be\\ndeemed or construed to limit the liability of partners under the\\nprovisions of the partnership law.\\n 8-a. The acceptance of a certificate by the county clerk or the\\nsecretary of state for filing pursuant to the provisions of this section\\nshall not be construed to confer any right to or interest in any trade\\nname; nor shall any of the provisions of this section be construed to\\naffect the rights to, or the enforcement of any rights to, any trade\\nname acquired at any time under the common law of this state.\\n 9. Any person or persons carrying on, conducting or transacting\\nbusiness as aforesaid, who knowingly fails to comply with the provisions\\nof this section or who knowingly makes a false statement in a\\ncertificate filed thereunder shall be guilty of a misdemeanor. Any\\nperson or persons carrying on, conducting or transacting business as\\naforesaid who fails to comply with the provisions of this section shall\\nbe prohibited from maintaining any action or proceeding in any court in\\nthis state on any contract, account or transaction made in a name other\\nthan its real name until the certificate required by this section has\\nbeen executed and filed in accordance with the provisions set forth\\nherein.\\n 10. If the business for which a certificate is filed under this\\nsection is discontinued, or the conditions under which it is conducted\\nare such that the filing of a certificate in such county or with the\\nsecretary of state is no longer required, a certificate of\\ndiscontinuance may be filed with the county clerk with whom the original\\ncertificate was filed or, if a corporation, limited partnership, or\\nlimited liability company, with the secretary of state, identifying such\\ncertificate and also identifying the amended certificate, if any, last\\npreviously filed and certifying the facts by reason of which the filing\\nof a certificate is no longer required. The certificate of\\ndiscontinuance shall be executed in the same manner as an original\\ncertificate and shall specify the date on which the discontinuance\\noccurred or the conditions under which the business is conducted changed\\nso that the filing of a certificate is no longer required. The county\\nclerk or, if a corporation, limited partnership, or limited liability\\ncompany, the secretary of state shall note the discontinuance in the\\nindex. A certificate of discontinuance shall be executed by a majority\\nof the persons named in the original certificate or the amended\\ncertificate last previously filed as persons conducting or transacting\\nthe business or as partners or, in the case of a corporation, by an\\nofficer of the corporation, in the case of a limited partnership, by a\\ngeneral partner of the limited partnership, or in the case of a limited\\nliability company, by a member or manager of the limited liability\\ncompany, or by an attorney-in-fact or authorized person for such\\ncorporation, limited partnership, or limited liability company, as the\\ncase may be, provided that if any of them shall be deceased the\\ncertificate shall so state and may be executed by a majority of the\\nsurvivors, or by the executor or administrator of a deceased person\\nnamed in the original certificate or last previously filed amended\\ncertificate as the only person conducting or transacting the business,\\nand provided further that any such signatures may be dispensed with by\\norder of the supreme court.\\n 11. Notwithstanding any other provision of this section, an education\\ncorporation may not file a certificate under this section with the\\nsecretary of state, unless the consent of the board of regents is\\nendorsed on or annexed thereto. Nothing in this subdivision shall\\ninvalidate a certificate lawfully filed by an education corporation\\npursuant to this section prior to the effective date of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "131", "title" : "Ownership of merchandise establishments and services to be publicly revealed and displayed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131", "activeDate" : "2014-09-22", "sequenceNo" : 223, "repealedDate" : null, "fromSection" : "131", "toSection" : "131", "text" : " § 131. Ownership of merchandise establishments and services to be\\npublicly revealed and displayed. Every person, partnership, association\\nor corporation owning or conducting any shop, store or other\\nestablishment or service wherein the sale of merchandise at retail or\\nwholesale is carried on or transacted or a service is performed as a\\nbusiness shall cause the true, full name, including the full first name\\nor legally registered trade name or names of the proprietor or owner or\\nproprietors or owners of such shop, store or other establishment or\\nservice to be publicly revealed and prominently and legibly displayed in\\nthe English language either upon a window of such shop, store or other\\nestablishment or place where a service is performed or upon a sign\\nconspicuously placed upon the exterior of the building containing the\\nsame. The foregoing provisions shall not apply to a person, partnership,\\nassociation or corporation operating under a lease, a department in a\\nshop, store or other establishment or service as aforesaid where the\\nlessor of such shop, store or other establishment or service is liable\\nto customers for merchandise sold by and the operations of such leased\\ndepartment. Failure to comply with the provisions of this section shall\\nconstitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "132", "title" : "Fictitious copartnership names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "132", "activeDate" : "2014-09-22", "sequenceNo" : 224, "repealedDate" : null, "fromSection" : "132", "toSection" : "132", "text" : " § 132. Fictitious copartnership names. 1. A person who transacts\\nbusiness, using the name, as a partner, of one not interested with him\\nas a partner, or using the designation \"and company,\" or \"& Co.\" when no\\nactual partner is represented thereby is guilty of a misdemeanor. This\\nsection shall not apply to any case, where it is specially prescribed by\\nstatute that a partnership name may be continued in use by a successor,\\nsurvivor, or other person.\\n 2. Provided, however, that nothing in this section shall be construed\\nto prohibit the use of the designation \"and associates\" or \"&\\nassociates\" by a professional or professionals who actually practice\\nsuch profession with or employ one or more other professionals engaged\\nin such profession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "133", "title" : "Use of name or address with intent to deceive", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "133", "activeDate" : "2014-09-22", "sequenceNo" : 225, "repealedDate" : null, "fromSection" : "133", "toSection" : "133", "text" : " § 133. Use of name or address with intent to deceive. No person, firm\\nor corporation shall, with intent to deceive or mislead the public,\\nassume, adopt or use as, or as part of, a corporate, assumed or trade\\nname, for advertising purposes or for the purposes of trade, or for any\\nother purpose, any name, designation or style, or any symbol or\\nsimulation thereof, or a part of any name, designation or style, or any\\nsymbol or simulation thereof, which may deceive or mislead the public as\\nto the identity of such person, firm or corporation or as to the\\nconnection of such person, firm or corporation with any other person,\\nfirm or corporation; nor shall any person, firm or corporation, with\\nlike intent, adopt or use as, or as part of, a corporate, assumed or\\ntrade name, for advertising purposes, or for the purposes of trade, or\\nfor any other purpose, any address or designation of location in the\\ncommunity which may deceive or mislead the public as to the true address\\nor location of such person, firm or corporation. A violation of this\\nsection shall be a misdemeanor. Whenever there shall be an actual or\\nthreatened violation of this section, an application may be made to a\\ncourt or justice having jurisdiction to issue an injunction, upon notice\\nto the defendant of not less than five days, to enjoin and restrain such\\nactual or threatened violation; and if it shall appear to the\\nsatisfaction of the court or justice that the defendant is in fact\\nassuming, adopting or using such name, or is about to assume, adopt or\\nuse such name, and that the assumption, adoption or use of such name may\\ndeceive or mislead the public, an injunction may be issued by said court\\nor justice, enjoining and restraining such actual or threatened\\nviolation without requiring proof that any person has in fact been\\ndeceived or misled thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "134", "title" : "Fraudulent use of the name or title of secret fraternity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "134", "activeDate" : "2014-09-22", "sequenceNo" : 226, "repealedDate" : null, "fromSection" : "134", "toSection" : "134", "text" : " § 134. Fraudulent use of the name or title of secret fraternity. Any\\nperson, firm, association, society, order or organization, or any\\nofficer, agent, representative or employee thereof, or person acting or\\npretending to act on behalf thereof who in a newspaper or other\\npublication published in this state, or in any letter, writing,\\ncircular, paper, pamphlet or other written or printed notice, matter or\\ndevice without authority of the grand lodge hereinafter mentioned\\nfraudulently uses, or in any manner directly or indirectly aids in the\\nuse of the name or title of any secret fraternal association, society,\\norder or organization which has had a grand lodge in this state for ten\\nyears, or any imitation of such name or title or any name or title so\\nnearly resembling it as to be calculated to deceive, or who without\\nauthority publishes, sells, lends, gives away, circulates or distributes\\nany letter, writing, circular, paper, pamphlet or other written or\\nprinted notice, matter or device directly or indirectly advertising for\\nor soliciting members or applications for membership in such secret\\nfraternal association, society, order or organization, or in any alleged\\nor pretended association, society, order or organization, using or\\ndesignated or claimed to be known by such title or imitation or\\nresemblance thereof or who therein or thereby offers to sell, or to\\nconfer or to communicate or to give information directly or indirectly\\nwhere, how, of whom, or by what means any alleged or pretended degree or\\nany alleged or pretended secret work or any alleged or pretended secrets\\nof such secret fraternal association, society, order or organization or\\nany alleged or pretended association, society, order or organization\\ndesignated or claimed to be known by such title or imitation or\\nresemblance thereof can or may be obtained, conferred or communicated,\\nis guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "135", "title" : "Unlawful use of name of benevolent, humane or charitable corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "135", "activeDate" : "2014-09-22", "sequenceNo" : 227, "repealedDate" : null, "fromSection" : "135", "toSection" : "135", "text" : " § 135. Unlawful use of name of benevolent, humane or charitable\\ncorporation. No person, society or corporation shall, with intent to\\nacquire or obtain for personal or business purposes a benefit or\\nadvantage, assume, adopt or use the name of a benevolent, humane or\\ncharitable organization incorporated under the laws of this state, or a\\nname so nearly resembling it as to be calculated to deceive the public\\nwith respect to any such corporation. A violation of this section shall\\nbe a misdemeanor. Whenever there shall be an actual or threatened\\nviolation of this section, an application may be made to a court or\\njustice having jurisdiction to issue an injunction, upon notice to the\\ndefendant of not less than five days, for an injunction to enjoin and\\nrestrain said actual or threatened violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant is in fact\\nusing the name of a benevolent, humane or charitable organization,\\nincorporated as aforesaid, or a name so nearly resembling it as to be\\ncirculated to deceive the public, an injunction may be issued by said\\ncourt or justice, enjoining and restraining such actual or threatened\\nviolation, without requiring proof that any person has in fact been\\nmisled or deceived thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "136", "title" : "Exhibition or display of the flag", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "136", "activeDate" : "2014-09-22", "sequenceNo" : 228, "repealedDate" : null, "fromSection" : "136", "toSection" : "136", "text" : " § 136. Exhibition or display of the flag. Any person who: a. In any\\nmanner, for exhibition or display, shall place or cause to be placed,\\nany word, figure, mark, picture, design, drawing, or any advertisement,\\nof any nature upon any flag, standard, color, shield or ensign of the\\nUnited States of America, or the state of New York, or shall expose or\\ncause to be exposed to public view any such flag, standard, color,\\nshield or ensign, upon which after the first day of September, nineteen\\nhundred and five, shall have been printed, painted or otherwise placed,\\nor to which shall be attached, appended, affixed or annexed, any word,\\nfigure, mark, picture, design, or drawing, or any advertisement of any\\nnature, or\\n b. Shall expose to public view, manufacture, sell, expose for sale,\\ngive away, or have in possession for sale, or to give away, or for use\\nfor any purpose, any article, or substance, being an article of\\nmerchandise, or a receptacle of merchandise or article or thing for\\ncarrying or transporting merchandise, upon which after the first day of\\nSeptember, nineteen hundred five, shall have been printed, painted,\\nattached, or otherwise placed, a representation of any such flag,\\nstandard, color, shield or ensign, to advertise, call attention to,\\ndecorate, mark, or distinguish, the article or substance on which so\\nplaced, or\\n c. Shall print, engrave, or otherwise place or cause to be printed,\\nengraved or otherwise placed on any blank check, bill head, letter head,\\nenvelope or other business stationery, a representation of any such\\nflag, standard, color, shield or ensign, or shall use any such blank\\ncheck, bill head, letter head, envelope or other stationery for business\\npurposes or correspondence, or\\n d. Shall publicly mutilate, deface, defile, or defy, trample upon, or\\ncast contempt upon either by words or act, or\\n e. Shall raffle or place in pawn any such flag, standard, color,\\nshield or ensign, or\\n f. Shall publicly carry or display any emblem, placard or flag which\\ncasts contempt, either by word or act, upon the flag of the United\\nStates of America, or\\n g. Shall publicly use or cause any such flag, standard, color, shield\\nor ensign, to be publicly used as a receptacle for the placing,\\ndepositing or collecting of money or any other article or thing, shall\\nbe guilty of a misdemeanor.\\n The words flag, standard, color, shield or ensign, as used in this\\nsection, shall include any flag, standard, color, shield or ensign, or\\nany picture or representation, of either thereof, made of any substance,\\nor represented on any substance, and of any size, evidently purporting\\nto be, either of, said flag, standard, color, shield or ensign, of the\\nUnited States of America, or of the state of New York, or a picture or a\\nrepresentation, of either thereof, upon which shall be shown the colors,\\nthe stars, and the stripes, in any number of either thereof, or by which\\nthe person seeing the same, without deliberation may believe the same to\\nrepresent the flag, colors, standard, shield or ensign of the United\\nStates of America or of the state of New York.\\n This section shall not apply to any act expressly permitted by the\\nstatutes of the United States of America, or by the United States army\\nand navy regulations, nor shall it be construed to apply to a\\ncertificate, diploma, warrant, or commission of appointment to office,\\nornamental picture, article of jewelry, stationery for use in private\\ncorrespondence, or newspaper or periodical, on any of which shall be\\nprinted, painted or placed, said flag, standard, color, shield or ensign\\ndisconnected and apart from any advertisement.\\n The possession by any person, other than a public officer, as such, of\\nany such flag, standard, color, shield or ensign, on which shall be\\nanything made unlawful at any time by this section, or of any article or\\nsubstance or thing on which shall be anything made unlawful at any time\\nby this section shall be presumptive evidence that the same is in\\nviolation of this section, and was made, done or created after the first\\nday of September, nineteen hundred five, and that such flag, standard,\\ncolor, shield or ensign, or article, substance, or thing, did not exist\\non the first day of September, nineteen hundred and five.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "137", "title" : "Unauthorized wearing or use of badge, name or insignia of certain orders and societies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "137", "activeDate" : "2014-09-22", "sequenceNo" : 229, "repealedDate" : null, "fromSection" : "137", "toSection" : "137", "text" : " § 137. Unauthorized wearing or use of badge, name or insignia of\\ncertain orders and societies. 1. Any person who wilfully wears, or\\nattaches to any motor vehicle, the badge, insignia, rosette or the\\nbutton of the Grand Army of the Republic, the insignia, badge or rosette\\nof the Military Order of the Loyal Legion of the United States or\\nMilitary Order of Foreign Wars of the United States, or the badge or\\nbutton of the United Spanish War Veterans, the Veterans of Foreign Wars\\nof the United States, the American Legion, the Disabled American\\nVeterans, the Military Order of the World War, the Army and Navy Union,\\nU.S.A., or the Order of Patrons of Husbandry, or the Benevolent and\\nProtective Order of Elks of the United States of America, or the Steuben\\nSociety of America, or the Jewish War Veterans of the United States,\\nInc., or the Catholic War Veterans, Inc., or the insignia or emblem of\\nthe Italian American War Veterans of the United States, Incorporated, or\\nthe insignia or emblem of the National Italo-American War Veterans,\\nInc., the insignia or emblem of the Polish Legion of American Veterans,\\nInc., or the insignia or emblem of the Military Order of the Purple\\nHeart, Inc., or the insignia or emblem of any lodge, society or\\norganization subordinate to or recognized as Masonic by the Grand Lodge\\nof Free and Accepted Masons of the State of New York, or the insignia or\\nemblem of the Masonic War Veterans of the State of New York, Inc., or\\nthe insignia or emblem of the Order of the Eastern Star of the State of\\nNew York, or the badge, banner, insignia, button or emblem of any lodge,\\nsociety or organization subordinate to or recognized as Pythian by the\\nGrand Lodge, Knights of Pythias of the State of New York, or the badge,\\ninsignia, button, tab, or chapeaux of La Societe des Forty Hommes et\\neight Chevaux or the Marine Corps League, or AMVETS, American Veterans\\nof World War II, Air Force Association, or the insignia or emblem of the\\nKnights of Columbus, or the badge, shield, emblem or name of the Police\\nConference of New York, Inc., or the badge, shield, emblem or name of\\nthe New York State Association of Chiefs of Police, or the shield of the\\nWestchester County Police Conference or the badge, shield, emblem or\\nname of the New York State Fire Fighters Association, or the badge,\\nshield, emblem or name of the Policemen's Benevolent Association of\\nWestchester County, Inc., or the badge, shield, emblem or name of the\\nMetropolitan Police Conference of Eastern New York, Inc., or the badge,\\nshield, emblem or name of the Nassau Police Conference, Inc., or the\\nbadge, shield, emblem or name of the International Veterans Boxers\\nAssociation, or the badge, shield, emblem, insignia or name of the Grand\\ncouncil of Guardians, Inc., or the badge, shield, emblem or name of the\\nNew York Veteran Police Association, or the insignia, emblem, badge,\\nbanner, button of Grand Lodge of the State of New York, Order Sons of\\nItaly in America, Incorporated, or any subordinate Lodge or Grand Lodge\\nof the State of New York, Order Sons of Italy in America, Incorporated,\\nor the insignia, emblem, badge, banner, button of Ladies' Lodges, Grand\\nLodge of the State of New York, Order Sons of Italy in America,\\nIncorporated, or the badge, banner, insignia, button or emblem of any\\nclan of the United Scottish Clans of New York and New Jersey, or the\\ninsignia, emblem, badge, banner or button of The Ladies Auxiliary,\\nItalian American War Veterans of the United States, Incorporated, or the\\nCivil Air Patrol, Inc., or the insignia, emblem, badge, banner or button\\nof the Order of the American Hellenic Educational Progressive\\nAssociation, Incorporated, or the insignia, emblem, badge, banner or\\nbutton of the Polish Legion of American Veterans or Ladies Auxiliary of\\nPolish Legion of American Veterans, or the insignia, emblem, badge,\\nbanner, or button of the Veterans of World War I of the United States of\\nAmerica Department of New York, Inc., China-Burma-India Veterans\\nAssociation, Inc., Polish - American Veterans of World War II,\\nAmsterdam, N. Y., Inc., Polish-American Veterans of World War II,\\nSchenectady, N. Y., Inc., World War Veterans Club of Lindenhurst, Inc.,\\nthe Eastern Paralyzed Veterans Association, the Vietnam Veterans of\\nAmerica, the Army and Navy Union of the United States, the American Gold\\nStar Mothers, Inc., Regular Veterans Association, Inc., the 369th\\nVeterans Association, Inc., the Tri-County Council of Vietnam Veterans,\\nthe National Congress of Puerto Rican Veterans, or the Fleet Reserve\\nAssociation, or the badge, insignia, rosette or button of any society,\\norder or organization of ten years standing in the state of New York, or\\nuses the same, or the name of any such society, order or organization by\\nfalsely representing himself to be a member thereof in good standing, to\\nobtain, or in attempting to obtain, aid or assistance within the state,\\nor wilfully uses the names of any such society, order or organization,\\nor the titles of its officers, or uses its insignia or emblems, or the\\nforms or designs thereof, or its ritual or ceremonies unless entitled to\\nuse or wear the same under the constitution and by-laws, rules, and\\nregulations of such order or of such society, order or organization, is\\nguilty of a violation punishable by a fine not to exceed one hundred\\ndollars.\\n 2. Nothing herein contained shall be construed as superseding any\\nprovision of law prohibiting certain use and display on private vehicles\\nof state and other seals and insignia and of specified signs, lettering\\nor devices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "138", "title" : "Use of certain governmental, military or naval names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "138", "activeDate" : "2014-09-22", "sequenceNo" : 230, "repealedDate" : null, "fromSection" : "138", "toSection" : "138", "text" : " § 138. Use of certain governmental, military or naval names. 1. It\\nshall be unlawful and is prohibited for any person, firm, corporation or\\nassociation, not an agency or instrumentality of the United States\\ngovernment, selling or offering for sale goods, wares or merchandise, to\\nuse or cause or permit to be used in the corporate or trade name or\\ndescription of the seller or of the place where the goods, wares or\\nmerchandise are offered for sale, any of the following words or\\nexpressions, viz., \"army,\" \"navy,\" \"marine corps,\" \"marines,\" \"coast\\nguard,\" \"government,\" \"post exchange,\" \"P. X.,\" or \"G. I.,\" unless there\\nis displayed in conjunction therewith, in letters of at least the same\\nsize as such words or expressions, the words, \"we sell articles acquired\\nfrom the United States government only,\" or \"we sell both articles\\nacquired from the United States government and non-government articles,\"\\nas the case may be.\\n 2. No person, firm, corporation or association selling or offering for\\nsale any article of merchandise, shall in any manner represent, contrary\\nto fact, that the article was made for, or acquired directly or\\nindirectly from, the United States government or its military or naval\\nforces or any agency of the United States government, or that the\\narticle conforms to government specifications or requirements, or that\\nit has been disposed of by the United States government.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "140", "title" : "Wearing industry badges, or other insignia of identification by unauthorized persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "140", "activeDate" : "2014-09-22", "sequenceNo" : 231, "repealedDate" : null, "fromSection" : "140", "toSection" : "140", "text" : " § 140. Wearing industry badges, or other insignia of identification by\\nunauthorized persons. An employer of labor may adopt a badge, or other\\ninsignia of identification, to be worn or displayed by the employees for\\nthe purpose of identification while upon the premises of the employer\\nand may post a notice of the adoption of such badge, or insignia, near\\nthe main entrance of such premises. Such employer may deposit with the\\ndepartment of labor a replica of such badge or insignia, and such\\ndepartment shall, if such badge or insignia be distinctive, issue to\\nsuch employer a certificate authorizing the use thereof for the purposes\\nof this section. Any person who, after the approval and adoption of such\\nbadge, or insignia, without authority or permission of the employer\\nadopting the same, wilfully wears such badge or displays such insignia,\\nor any facsimile or any imitation thereof, or uses the same to obtain\\nadmittance to or remain upon the premises of the employer, is guilty of\\na misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "141", "title" : "Unlawful use of the name United Nations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "141", "activeDate" : "2014-09-22", "sequenceNo" : 232, "repealedDate" : null, "fromSection" : "141", "toSection" : "141", "text" : " § 141. Unlawful use of the name United Nations. No person, firm or\\ncorporation shall, without express authority from the secretary general\\nof the United Nations, assume, adopt or use as, or as a part of a\\ncorporate, assumed or trade name, for advertising purposes, or for the\\npurposes of trade, or for any other purpose, the name United Nations, or\\nabbreviation thereof; or any official emblem or other official insignia\\nthereof; nor shall any person, firm or corporation, with intent to\\ndeceive or mislead the public, for any of such purposes, assume, adopt\\nor use any name, designation or style, or simulation thereof, or\\ndesignation or style, or simulation thereof, which may deceive or\\nmislead the public as to the true identity of such person, firm or\\ncorporation or as to the official connection of such person, firm or\\ncorporation with the United Nations. A violation of this section shall\\nbe a misdemeanor. Whenever there shall be an actual or threatened\\nviolation of this section, an application may be made to a court or\\njustice having jurisdiction to issue an injunction, upon notice to the\\ndefendant of not less than five days, to enjoin and restrain such actual\\nor threatened violation; and if it shall appear to the satisfaction of\\nthe court or justice that the defendant is in fact, assuming, adopting\\nor using such name, or is about to assume, adopt or use such name, and\\nthat the assumption, adoption or use of such name was not expressly\\nauthorized by the secretary general of the United Nations, and may\\ndeceive or mislead the public, an injunction may be issued by such court\\nor justice, enjoining and restraining such actual or threatened\\nviolation without requiring proof that any person has in fact been\\ndeceived or mislead thereby. This section shall not prevent the\\ncontinued use of a corporate name or trade name heretofore lawfully\\nused.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "142", "title" : "Unlawful possession or use of an identification card issued by United Nations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "142", "activeDate" : "2014-09-22", "sequenceNo" : 233, "repealedDate" : null, "fromSection" : "142", "toSection" : "142", "text" : " § 142. Unlawful possession or use of an identification card issued by\\nUnited Nations. It shall be unlawful for any person to possess or use an\\nidentification card issued to another person by the United Nations. Any\\nperson finding or otherwise coming into possession of the identification\\ncard of another person shall forthwith surrender the same to the\\nofficial in command at the headquarters of the United Nations or to any\\npolice officer or peace officer of the state. Any person who wilfully\\nviolates any provisions of this section shall be guilty of a misdemeanor\\npunishable upon conviction by a fine of not more than fifty dollars or\\nby imprisonment of not more than ten days, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "143", "title" : "False identification documents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "143", "activeDate" : "2014-09-22", "sequenceNo" : 234, "repealedDate" : null, "fromSection" : "143", "toSection" : "143", "text" : " § 143. False identification documents. 1. As used in this section,\\n\"false identification document\" means any document, including a personal\\nidentification card, which is of a type intended or commonly used or\\naccepted for the purpose of identification of individuals and which is\\nnot issued by or under the lawful authority of the named or indicated\\nissuer. \"False identification document\" shall also include a personal\\nidentification document intended or commonly used or accepted for the\\npurpose of identification which resembles or is intended to resemble one\\nissued by the named or indicated issuer even though that issuer may be\\nfictitious.\\n 2. No person, firm or corporation shall produce, advertise, offer for\\nsale, sell, distribute or otherwise transfer in this state any false\\npersonal identification document unless such document bears the word\\n\"NOVELTY\" diagonally printed clearly and indelibly on both the front and\\nback of such document in capital letters in not less than twelve point\\ntype.\\n 3. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York or by the corporation counsel for any city or by an\\nattorney properly designated by the governing body to represent any\\nother political subdivision, to a court or justice having jurisdiction\\nby a special proceeding to issue an injunction, and upon notice to the\\nrespondent of not less than five days, to enjoin and restrain the\\ncontinuance of such violations; and if it shall appear to the\\nsatisfaction of the court or justice that the respondent has, in fact,\\nviolated this section, an injunction may be issued by such court or\\njustice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan five hundred dollars for each violation. In connection with any\\nsuch proposed application, the attorney general, corporation counsel or\\nother properly designated attorney, as the case may be, is authorized to\\ntake proof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules. Each sale\\nof a false identification document shall constitute a separate and\\ndistinct violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A9-C", "title" : "Cyber Piracy Protections; Domain Names", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-C", "activeDate" : "2014-09-22", "sequenceNo" : 235, "repealedDate" : null, "fromSection" : "146", "toSection" : "149", "text" : " ARTICLE 9-C\\n CYBER PIRACY PROTECTIONS; DOMAIN NAMES\\nSection 146. Short title.\\n 147. Definitions.\\n 148. Unlawful registration of domain name.\\n 149. Civil remedies.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "146", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "146", "activeDate" : "2014-09-22", "sequenceNo" : 236, "repealedDate" : null, "fromSection" : "146", "toSection" : "146", "text" : " § 146. Short title. This article shall be known and may be cited as\\nthe \"domain names cyber piracy protections act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "147", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "147", "activeDate" : "2014-09-22", "sequenceNo" : 237, "repealedDate" : null, "fromSection" : "147", "toSection" : "147", "text" : " § 147. Definitions. For the purposes of this article, the following\\nterms shall have the following meanings:\\n 1. \"Domain name\" means any alphanumeric designation that is registered\\nwith or assigned by any domain name registrar, domain name registry, or\\nother domain name registration authority as part of an electronic\\naddress on the internet.\\n 2. \"Internet\" means the international computer network of both federal\\nand non-federal interoperable packet switched data networks.\\n 3. \"Traffic in\" refers to transactions that include, but are not\\nlimited to, sales, purchases, loans, pledges, licenses, exchanges of\\ncurrency, or any other transfer for consideration or receipt in exchange\\nfor consideration.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "148", "title" : "Unlawful registration of domain name", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "148", "activeDate" : "2014-09-22", "sequenceNo" : 238, "repealedDate" : null, "fromSection" : "148", "toSection" : "148", "text" : " § 148. Unlawful registration of domain name. 1. No person or entity\\nshall register a domain name that consists of the name of another living\\nperson, or a name substantially and confusingly similar thereto, without\\nthat person's or entity's consent, with the specific intent to profit\\nfrom such name by selling the domain name for financial gain to that\\nperson or any third party.\\n 2. A person or entity shall be only liable for a violation of\\nsubdivision one of this section if such person or entity is the domain\\nname registrant or such registrant's authorized licensee.\\n 3. A person or entity who in good faith registers a domain name\\nconsisting of the name of another living person, or a name substantially\\nand confusingly similar thereto, shall not be liable under this section\\nif such name is used in, affiliated with, or related to a work of\\nauthorship protected under title 17 USC, including a work made for hire\\nas defined in 17 USC 101, and if the person or entity registering the\\ndomain name is the copyright owner or licensee of the work, the person\\nor entity intends to sell the domain name in conjunction with the lawful\\nexploitation of the work, and such registration is not prohibited by a\\ncontract between the registrant and the named person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "149", "title" : "Civil remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "149", "activeDate" : "2014-09-22", "sequenceNo" : 239, "repealedDate" : null, "fromSection" : "149", "toSection" : "149", "text" : " § 149. Civil remedies. 1. Upon the commission of a violation of this\\narticle, an application may be made by the attorney general to a court\\nhaving jurisdiction to issue an injunction against the person or entity\\nthat registered the domain name in violation of this article, and upon\\nnotice to the respondent of not less than five days, the court may award\\ninjunctive relief, including the forfeiture or cancellation of the\\ndomain name. Upon receipt of a court order for injunctive relief, the\\nregistrar, domain name registry or other domain name registration\\nauthority with which the person or entity has registered the domain name\\nwith, shall comply with such order's requirements. If it shall appear to\\nthe satisfaction of the court that the person or entity who registered\\nthe domain name with the registrar, domain name registry or other domain\\nname registration authority, has committed a violation of this article,\\nthe court shall enjoin and restrain such person or entity from any\\nfurther violation without requiring proof that any person has, in fact,\\nbeen injured or damaged thereby.\\n 2. In addition to injunctive relief, the court may fine the person or\\nentity that registered a domain name in violation of this article, one\\nthousand dollars for each day the violation occurs. The court may also\\norder the transfer of the domain name as part of the relief awarded.\\n 3. The registrar, domain name registry or other domain name\\nregistration authority shall not be liable for injunctive or monetary\\nrelief under this section except in the case of bad faith or reckless\\ndisregard, which includes a willful failure to comply with any court\\norder.\\n 4. In a civil action commenced under this section, a domain name shall\\nbe deemed to have its situs within the state if the domain name\\nregistrar, registry, or other domain name authority that registered or\\nassigned the domain name is located within the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A10", "title" : "Shooting Ranges", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 240, "repealedDate" : null, "fromSection" : "150", "toSection" : "150", "text" : " ARTICLE 10\\n SHOOTING RANGES\\nSection 150. Shooting ranges.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "150", "title" : "Shooting ranges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "150", "activeDate" : "2014-09-22", "sequenceNo" : 241, "repealedDate" : null, "fromSection" : "150", "toSection" : "150", "text" : " § 150. Shooting ranges. 1. In any action or proceeding commenced\\nagainst an owner or user of a shooting range where one or more causes of\\naction asserts a claim based on noise or noise pollution resulting from\\nthe inherent shooting activity on such shooting range, it shall be an\\naffirmative defense that, at the time of the commencement of the action\\nor proceeding, the shooting range is in compliance with any applicable\\nnoise control laws or ordinances, or, if the applicable noise control\\nlaws or ordinances have no legal force and effect against such owner or\\nuser or there are no applicable noise control laws or ordinances at the\\ntime of the effective date of this section, then the A-weighted sound\\nlevel of small arms fire on the shooting range does not exceed 90 dB(A)\\nfor one hour out of a day, or does not exceed 85 dB(A) for eight hours\\nout of a day measured at, or adjusted to, a distance of one hundred feet\\noutside the real property boundary of the shooting range. An owner or\\nuser may move for judgment dismissing one or more causes of action\\nasserted against him on the ground that a cause of action cannot be\\nmaintained because of such affirmative defense.\\n 2. Nothing in this section shall in any way limit the rights or\\nremedies which are otherwise available to a person under any other law.\\n 3. Notwithstanding the provisions of subdivisions one and two of this\\nsection, no shooting range shall be operated during the period from\\n10:00 PM until 7:00 AM unless a local law or ordinance specifically\\nauthorizes the operation of a shooting range during all or any portion\\nof such time period.\\n 4. For the purposes of this section:\\n (a) \"Shooting range\" shall mean an outdoor range equipped with targets\\nfor use with firearms and shall include, but not be limited to, all\\nrifle, pistol and shotgun ranges.\\n (b) \"A-weighted sound level\" shall mean the sound pressure level\\nmeasured by the use of an instrument with the metering characteristics\\nand A-weighting frequency response prescribed by sound level meters\\nusing the impulse response mode.\\n (c) \"Sound pressure level\" shall mean twenty times the logarithm to\\nthe base ten of the ratio of the root mean squared pressure of a sound\\nto a reference pressure of twenty micropascals. The unit applied to this\\nmeasure shall be the decibel (dB).\\n (d) \"Small arms\" shall mean projectile firearms of small caliber,\\nincluding rifles, pistols, and shotguns.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A10-A", "title" : "Truth In Travel Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-A", "activeDate" : "2014-09-22", "sequenceNo" : 242, "repealedDate" : null, "fromSection" : "155", "toSection" : "159-A", "text" : " ARTICLE 10-A\\n TRUTH IN TRAVEL ACT\\nSection 155. Legislative intent.\\n 156. Short title.\\n 157. Definitions.\\n 157-a. Travel agreements.\\n 158. Prohibited practices by travel consultants.\\n 158-a. Prohibited practices by travel promoters.\\n 159. Violations and penalties.\\n 159-a. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "155", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "155", "activeDate" : "2014-09-22", "sequenceNo" : 243, "repealedDate" : null, "fromSection" : "155", "toSection" : "155", "text" : " § 155. Legislative intent. It is hereby determined and declared that\\nthe promotion of travel, either individually or as a group, is now of\\nsuch volume that it is in the public interest to subject it to the\\nsupervision of the appropriate political subdivisions of the state for\\nthe purpose of safeguarding the public against fraud, false advertising,\\nmisrepresentation and similar abuses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "156", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "156", "activeDate" : "2014-09-22", "sequenceNo" : 244, "repealedDate" : null, "fromSection" : "156", "toSection" : "156", "text" : " § 156. Short title. This act shall be known and may be cited as the\\n\"truth in travel act.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "157", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "157", "activeDate" : "2014-09-22", "sequenceNo" : 245, "repealedDate" : null, "fromSection" : "157", "toSection" : "157", "text" : " § 157. Definitions. 1. \"Travel consultant\" means any person, firm,\\ncorporation, partnership or association, other than a common carrier or\\nemployee of a common carrier, who as principal or agent, sells or offers\\nfor sale any travel tickets or orders for transportation, or negotiates\\nfor or holds himself out by solicitation, advertisement or otherwise as\\none who sells, provides, furnishes contracts or arranges for such travel\\ntickets or orders for transportation.\\n For the purposes of this article, \"carrier\" means any person, firm,\\ncorporation, partnership or association engaged in the business of\\ntransporting persons for hire.\\n 2. \"Travel promoter\" means any person, firm, corporation, partnership\\nor association, other than a common carrier or employee of a common\\ncarrier, who is primarily engaged in the direct solicitation of persons,\\nby mail or telephone, for the sale of any travel or vacation\\ninvestments, goods, products, or services, including, but not limited to\\ntravel or tour benefits, real property, interests in real property, time\\nshares, lodging, commodities, or securities. For purposes of this\\narticle, a \"travel promoter\" does not include:\\n a. A person, firm, corporation, partnership or association that is an\\nofficially appointed agent of a common carrier and meets standards no\\nless than those required on January first, nineteen hundred eighty-nine,\\nfor authorized agents of the airline reporting corporation.\\n b. A person, firm, corporation, partnership or association that is a\\nregistered member in good standing of the Cruise Lines International\\nAssociation and who solely solicits and/or sells travel services and\\nproducts as an officially appointed agent of one or more ocean carriers\\nin the sale of the ocean carrier's travel services pursuant to the\\nagency appointment.\\n c. A broker-dealer registered with the securities and exchange\\ncommission or the department of law who is engaged in the sale of\\nsecurities or commodities or sale or rental of real estate pursuant to\\nits registration.\\n 3. \"Travel services\" means transportation, accommodations in lodgings\\nsuch as hotels, motels or motor courts, rental of motor vehicles, or any\\nother service related to travel. For purposes of this article, \"travel\\nservices\" shall include investments in time shares.\\n 4. \"Time share\" means an interest in any arrangement, plan, scheme, or\\nsimilar device, whether by membership, agreement, tenancy in common,\\nsale, lease, deed, rental agreement, license, or right-to-use agreement\\nor by any other means, whereby three or more purchasers, in exchange for\\na consideration, receive ownership rights in or a right to use the same\\naccommodations or facilities in real property, or both, for different\\nintervals of less than a full year during any given year, but not\\nnecessarily for consecutive years, and which extend for a period of more\\nthan three years or which, for nominal consideration, may be renewed to\\ncontinue for a period of more than three years.\\n 5. \"Merchant account number\" means an identifying number given by a\\ncredit card issuer to a merchant for purposes of identifying the\\nmerchant in the processing of credit card charges and purchases.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "157-A", "title" : "Travel agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "157-A", "activeDate" : "2014-09-22", "sequenceNo" : 246, "repealedDate" : null, "fromSection" : "157-A", "toSection" : "157-A", "text" : " § 157-a. Travel agreements. 1. When a person agrees, in response to a\\nsolicitation by a travel promoter which is directed to the person\\nindividually, to purchase membership in a travel club or to enter into\\nany travel services contract or other agreement to accept\\ntransportation, lodging, an interest or investment in a time share plan,\\ntravel investments, or other travel services, the travel promoter must\\nprovide such purchaser with written disclosure of all limitations on and\\nterms of such purchase or agreement within five business days of the\\ndate of the agreement. Such disclosure shall clearly and conspicuously\\ninclude:\\n a. the name, business address and telephone number of the travel\\npromoter;\\n b. the amount due, the date of payment, the purpose of the payment and\\nan itemized statement of the balance due, if any;\\n c. the name of the carrier with which the travel promoter has\\ncontracted to provide the transportation, the type and size of carrier\\nto be used, and the date, time and place of each departure;\\n d. a detailed description of any other services provided in\\nconjunction with the transportation;\\n e. conditions, if any, upon which the travel services contract between\\nthe travel promoter and the traveler may be cancelled, and the rights\\nand obligations of all parties in the event of such cancellation;\\n f. the conditions, if any, upon which the travel services contract\\nbetween the travel promoter and the carrier or other service provider\\nmay be cancelled, and the rights and obligations of all parties in the\\nevent of such cancellation; and\\n g. a description of all contingencies, limitations and/or conditions\\nof the agreement.\\n 2. After receipt of full written disclosure, the purchaser may cancel\\nsuch an agreement until midnight of the third business day after the\\ndisclosure is received by the purchaser, by use of the form prescribed\\nin subdivision three of this section; however, notice of cancellation\\nneed not take the form prescribed and shall be sufficient if it\\nindicates the intention of the buyer not to be bound. Notice of\\ncancellation, if given by mail, shall be deemed given when deposited in\\na mailbox, properly addressed and postage prepaid.\\n 3. The written disclosure shall include, in addition to the\\nrequirements of subdivision two of this section, the following statement\\nprinted in capital and lower case letters of not less than ten point\\nbold faced type:\\n YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR\\n OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS\\n DISCLOSURE.\\n TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED\\n COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR\\n SEND A TELEGRAM TO\\n (Name of Seller), AT (Address of seller)\\n ______________________________ ___________________________\\n NOT LATER THAN\\n MIDNIGHT OF THE THIRD DAY\\n AFTER RECEIPT OF THIS\\n ___________________________ DISCLOSURE\\n (Place of Business)\\n __________________________\\n __________________________\\n (Date)\\n I HEREBY CANCEL THIS TRANSACTION\\n (Date)\\n ______________________________\\n (Purchaser's Signature)\\n 4. Until the written disclosure required by subdivision one of this\\nsection has been received, the purchaser may cancel the agreement by\\nnotifying the travel promoter in any manner and by any means of his or\\nher intention to cancel.\\n 5. Within ten days after notice of cancellation is given, the travel\\npromoter shall refund to the purchaser concerned any payments made by\\nsuch purchaser; such refund may be made by reaccrediting the purchaser's\\ncharge account if a credit card was used to make a payment and if the\\ntravel promoter informs the purchaser in writing that the charge account\\nhas been reaccredited.\\n 6. If the travel promoter fails within the period prescribed by\\nsubdivision five of this section to return all payments made by a\\npurchaser, he or she shall be liable to the purchaser for such payments.\\nIf the purchaser is successful in an action to enforce any provision of\\nthis section or section one hundred fifty-eight-a of this article or\\nappeal thereon, the court shall award the purchaser one hundred dollars\\nand may award reasonable attorney's fees and costs, in addition to any\\nother remedy.\\n 7. The obligations imposed by this section shall be in addition to and\\nnot in derogation of the requirements of any other law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "158", "title" : "Prohibited practices by travel consultants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "158", "activeDate" : "2014-09-22", "sequenceNo" : 247, "repealedDate" : null, "fromSection" : "158", "toSection" : "158", "text" : " § 158. Prohibited practices by travel consultants. It shall be illegal\\nfor any travel consultant and, if such travel consultant is a\\ncorporation, any officer or director thereof, to engage in any or all of\\nthe following enumerated practices:\\n 1. Knowingly misrepresent the quality or kind of service, type or size\\nof aircraft, vehicle, ship or train, time of departure or arrival,\\npoints served, route to be traveled, stops to be made, or total\\ntrip-time from point of departure to destination or other services\\navailable, reserved or contracted for in connection with any trip or\\ntour.\\n 2. Knowingly misrepresent the fares and charges for transportation or\\nservices in connection therewith.\\n 3. Knowingly advertise or otherwise offer for sale or sell\\ntransportation or services in connection therewith at less than the\\nrates, fares and charges specified in the currently effective tariffs of\\nthe carrier, who is engaged to provide such transportation or services,\\nor knowingly offer or give rebates or other concessions thereon, or\\nknowingly assist or permit a person or persons to obtain such\\ntransportation or services at less than such lawful rates, fares and\\ncharges.\\n 4. Knowingly misrepresent that special priorities for reservations are\\navailable when such special considerations are not in fact granted to\\nmembers of the public generally.\\n 5. Knowingly sell transportation to a person or persons on a\\nreservation or charter basis for specified space, flight or time or\\nknowingly represent that such definite reservation or charter is or will\\nbe available or has been arranged, without a binding commitment with a\\ncarrier for the furnishing of such definite reservation or charter as\\nrepresented or sold.\\n 6. Knowingly sell or issue tickets or other documents to passengers to\\nbe exchanged or used for transportation if such tickets or other\\ndocuments will not be or cannot be legally honored by carriers for\\ntransportation.\\n 7. Knowingly misrepresent the requirements that must be met by a\\nperson or persons in order to qualify for charter or group fare rates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "158-A", "title" : "Prohibited practices by travel promoters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "158-A", "activeDate" : "2014-09-22", "sequenceNo" : 248, "repealedDate" : null, "fromSection" : "158-A", "toSection" : "158-A", "text" : " § 158-a. Prohibited practices by travel promoters. It shall be illegal\\nfor any travel promoter and, if such travel promoter is a corporation,\\nany officer or director thereof, to engage in any or all of the\\nfollowing enumerated practices:\\n 1. Offer free accommodations for more than one person and free travel\\nfor one person when the charge for the travel of the additional person\\nor persons is equal to or exceeds what would have been paid for the\\ntotal number of travel tickets without utilizing the travel services\\noffered by the travel promoter.\\n 2. Use a merchant account number assigned to a merchant other than the\\ntravel promoter providing or offering the travel service in order to\\nprocess credit card charges and purchases.\\n 3. Misrepresent the quality or kind of service, type or size of\\naircraft, vehicle, ship or train, time of departure or arrival, points\\nserved, route to be traveled, stops to be made, total trip-time from\\npoint of departure to destination, type or size of lodging, time share\\nor other accommodation, availability of lodging, time share or other\\naccommodation, or other services available, reserved or contracted for\\nin connection with any trip, tour or other travel services, unless such\\nmisrepresentation was based upon a reasonable belief as to the services\\navailable based upon representations made by the person, company,\\ncorporation, common carrier or other entity offering such services.\\n 4. Misrepresent the fares and charges for transportation or services\\nin connection therewith, unless such misrepresentation was based upon a\\nreasonable belief as to the fares and charges applicable based upon rep-\\nresentations made by the person, company, corporation, common carrier or\\nother entity offering such services.\\n 5. Advertise or otherwise offer for sale or sell transportation or\\nservices in connection therewith at less than the rates, fares and\\ncharges specified in the currently effective tariffs of the carrier that\\nis engaged to provide such transportation or services, or offer or give\\nrebates or other concessions thereon, or assist or permit a person or\\npersons to obtain such transportation or services at less than such\\nlawful rates, fares and charges.\\n 6. Misrepresent that special priorities for reservations are available\\nwhen such special considerations are not in fact granted to members of\\nthe public generally.\\n 7. Sell transportation to a person or persons on a reservation or\\ncharter basis for specified space, flight or time or represent that such\\ndefinite reservation or charter is or will be available or has been\\narranged, without a binding commitment with a carrier for the furnishing\\nof such definite reservation or charter as represented or sold.\\n 8. Sell or issue tickets or other documents to passengers to be\\nexchanged or used for transportation if such tickets or other documents\\nwill not be or cannot be legally honored by carriers for transportation.\\n 9. Misrepresent the requirements that must be met by a person or\\npersons in order to qualify for charter or group fare rates, unless such\\nmisrepresentation was based upon a reasonable belief as to the\\nrequirements applicable based upon representations made by the person,\\ncompany, corporation, common carrier or other entity offering such\\ncharter or group fare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "159", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "159", "activeDate" : "2014-09-22", "sequenceNo" : 249, "repealedDate" : null, "fromSection" : "159", "toSection" : "159", "text" : " § 159. Violations and penalties. 1. Except as otherwise provided by\\nlaw, any travel consultant who shall violate the terms of section one\\nhundred fifty-eight of this article shall be guilty of a misdemeanor.\\n 2. Except as otherwise provided by law, any travel promoter who shall\\nknowingly violate the terms of section one hundred fifty-eight-a of this\\narticle shall be guilty of a misdemeanor.\\n 3. The district attorney of any county may bring an action in the name\\nof the people of the state to restrain or prevent any violation of this\\narticle or any continuance of any such violation.\\n 4. Enforcement; penalties. Whenever there shall be a violation of\\nsection one hundred fifty-seven-a, one hundred fifty-eight or one\\nhundred fifty-eight-a of this article, an application may be made by the\\nattorney general in the name of the people of the state of New York to a\\ncourt or justice having jurisdiction by a special proceeding to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court\\nshall determine that a violation of this article has occurred, the court\\nmay impose a civil penalty of not more than five hundred dollars for\\neach violation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "159-A", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "159-A", "activeDate" : "2014-09-22", "sequenceNo" : 250, "repealedDate" : null, "fromSection" : "159-A", "toSection" : "159-A", "text" : " § 159-a. Severability. If any provision of this article or the\\napplication thereof to any person or circumstances is held invalid the\\ninvalidity thereof shall not affect other provisions or applications of\\nthe article which can be given effect without the invalid provision or\\napplication, and to this end the provisions of this article are\\nseverable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A10-B", "title" : "Transmission of Money to Foreign Countries", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-B", "activeDate" : "2014-09-22", "sequenceNo" : 251, "repealedDate" : null, "fromSection" : "160", "toSection" : "166", "text" : " ARTICLE 10-B\\n TRANSMISSION OF MONEY TO FOREIGN COUNTRIES.\\nSection 160. Unauthorized transmission of money as agent.\\n 161. Agent to transmit through principal.\\n 162. Certain transmission prohibited; method of transmission.\\n 163. Time of transmission.\\n 164. Disposition of undelivered moneys.\\n 165. Application of article.\\n 166. Violations; penalty.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "160", "title" : "Unauthorized transmission of money as agent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "160", "activeDate" : "2014-09-22", "sequenceNo" : 252, "repealedDate" : null, "fromSection" : "160", "toSection" : "160", "text" : " § 160. Unauthorized transmission of money as agent. No person, firm or\\ncorporation or unincorporated association shall represent himself to be\\nan agent of any steamship company, express company, banking\\nestablishment or institution, or other company, for the purpose of\\nreceiving money for transmission or of transmitting the same by draft,\\ntraveller's check, money order or otherwise to foreign countries, nor\\nshall any person, firm, corporation or unincorporated association do\\nbusiness as such agent, unless thereto duly authorized.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "161", "title" : "Agent to transmit through principal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "161", "activeDate" : "2014-09-22", "sequenceNo" : 253, "repealedDate" : null, "fromSection" : "161", "toSection" : "161", "text" : " § 161. Agent to transmit through principal. No such agent so\\nauthorized shall transmit any money received for transmission by him\\nthrough any person, firm or corporation other than through the principal\\nfrom whom such agent has duly received authority.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "162", "title" : "Certain transmission prohibited; method of transmission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "162", "activeDate" : "2014-09-22", "sequenceNo" : 254, "repealedDate" : null, "fromSection" : "162", "toSection" : "162", "text" : " § 162. Certain transmission prohibited; method of transmission. No\\nsteamship company, express company, or other company and no agent\\nthereof, shall receive any money as a depositary. Every such steamship\\ncompany, express company, or other company and every agent thereof in\\ntransmitting any money received for transmission, shall incorporate in\\nthe advice of draft, money order or other instrument by means of which\\nsuch money is transmitted a statement showing the amount thereof in\\nterms of dollars and cents together with the amount thereof in terms of\\nthe money standard of the country to which such money is transmitted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "163", "title" : "Time of transmission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "163", "activeDate" : "2014-09-22", "sequenceNo" : 255, "repealedDate" : null, "fromSection" : "163", "toSection" : "163", "text" : " § 163. Time of transmission. Every agent authorized to act as such by\\nany steamship company, express company, or otherwise for the purpose of\\ntransmitting money, shall within two days after receipt thereof, deliver\\nto his principal the money so received. Every such steamship company,\\nexpress company, or other company shall thereupon and within three days\\nafter receipt thereof from an agent, transmit the same to the person to\\nwhom such money has been consigned by the transmitter unless within such\\nperiod of three days there be no mail bearing steamer leaving for the\\npoint of destination of such moneys, in which event such money shall be\\ntransmitted on the first steamship to leave thereafter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "164", "title" : "Disposition of undelivered moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "164", "activeDate" : "2014-09-22", "sequenceNo" : 256, "repealedDate" : null, "fromSection" : "164", "toSection" : "164", "text" : " § 164. Disposition of undelivered moneys. Every steamship company,\\nexpress company, or other company, to which moneys received for\\ntransmission are returned for the reason that the same cannot be\\ndelivered shall forthwith notify the transmitter thereof by mailing\\nwritten notice to such transmitter at his last known address. If such\\nmoney be unclaimed for a period of ninety days after such notice, such\\ncompany shall immediately turn over such money to the state comptroller\\nwho shall maintain the same as a capital revolving fund for the purpose\\nof paying claimants thereof. After such moneys have remained unclaimed\\nin the hands of the comptroller for five years, the same shall escheat\\nto the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "165", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "165", "activeDate" : "2014-09-22", "sequenceNo" : 257, "repealedDate" : null, "fromSection" : "165", "toSection" : "165", "text" : " § 165. Application of article. This article shall not apply to any\\nperson, firm, corporation or association under the supervision of the\\ndepartment of financial services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "166", "title" : "Violations; penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "166", "activeDate" : "2014-09-22", "sequenceNo" : 258, "repealedDate" : null, "fromSection" : "166", "toSection" : "166", "text" : " § 166. Violations; penalty. Every person, firm or corporation and\\nevery officer thereof, who violates any provision of this article is\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A11", "title" : "Employment Agencies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-01-06" ], "docLevelId" : "11", "activeDate" : "2017-01-06", "sequenceNo" : 259, "repealedDate" : null, "fromSection" : "170", "toSection" : "194", "text" : " ARTICLE 11\\n EMPLOYMENT AGENCIES.\\nSection 170. Application of article.\\n 171. Definitions.\\n 172. License required.\\n 173. Application for license.\\n 174. Procedure upon application; grant of license.\\n 175. Form and contents of license.\\n 176. Assignment or transfer of license; change of location;\\n additional locations.\\n 177. Bonds and license fees.\\n 178. Action on bond.\\n 179. Registers and other records to be kept.\\n 181. Contracts, statements of terms and conditions, and\\n receipts.\\n 182. Cards to be furnished nurses; registry records.\\n 184. Recruitment of domestic or household employees who are\\n residents of other states; findings and policy.\\n 184-a. Recruitment of domestic or household employees from\\n outside the continental United States.\\n 185. Fees.\\n 185-a. Domestic dayworkers who are transported to the place of\\n employment.\\n 186. Return of fees.\\n 187. Additional prohibitions.\\n 188. Copies of law to be posted.\\n 189. Enforcement of provisions of this article.\\n 190. Penalties for violations.\\n 191. Definition.\\n 192. Prohibited activities.\\n 193. Penalties for violation.\\n 194. Employment agency fees; reimbursement from employee to\\n employer prohibited.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "170", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "170", "activeDate" : "2014-09-22", "sequenceNo" : 260, "repealedDate" : null, "fromSection" : "170", "toSection" : "170", "text" : " § 170. Application of article. This article shall apply to all\\nemployment agencies in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "171", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "171", "activeDate" : "2014-09-22", "sequenceNo" : 261, "repealedDate" : null, "fromSection" : "171", "toSection" : "171", "text" : " § 171. Definitions. Whenever used in this article:\\n 1. \"Commissioner\" means the industrial commissioner of the state of\\nNew York, except that in the application of this article to the city of\\nNew York the term \"commissioner\" means the commissioner of consumer\\naffairs of such city.\\n 2. a. \"Employment agency\" means any person (as hereinafter defined)\\nwho, for a fee, procures or attempts to procure:\\n (1) employment or engagements for persons seeking employment or\\nengagements, or\\n (2) employees for employers seeking the services of employees.\\n b. \"Employment agency\" shall include any person engaged in the\\npractice of law who regularly and as part of a pattern of conduct,\\ndirectly or indirectly, recruits, supplies, or attempts or offers to\\nrecruit or supply, an employee who resides outside the continental\\nUnited States (as defined in section one hundred eighty-four-a of this\\narticle) for employment in this state and who receives a fee in\\nconnection with the arrangement for the admission into this country of\\nsuch workers for employment.\\n c. \"Employment agency\" shall include any person who, for a fee,\\nrenders vocational guidance or counselling services and who directly or\\nindirectly:\\n (1) procures or attempts to procure or represents that he can procure\\nemployment or engagements for persons seeking employment or engagements;\\n (2) represents that he has access, or has the capacity to gain access,\\nto jobs not otherwise available to those not purchasing his services; or\\n (3) provides information or service of any kind purporting to promote,\\nlead to or result in employment for the applicant with any employer\\nother than himself.\\n d. \"Employment agency\" shall include any nurses' registry and any\\ntheatrical employment agency (as hereinafter defined).\\n e. \"Employment agency\" shall not include: (1) any employment bureau\\nconducted by a duly incorporated bar association, hospital, association\\nof registered professional nurses, registered medical institution, or by\\na duly incorporated association or society of professional engineers, or\\nby a duly incorporated association or society of land surveyors, or by a\\nduly incorporated association or society of registered architects; (2)\\nany speakers' bureau as defined in subdivision eleven hereof; (3) any\\norganization operated by or under the exclusive control of a bonafide\\nnonprofit educational, religious, charitable or eleemosynary\\ninstitution. (4) any person, firm, corporation or organization defined\\nand regulated by sections one hundred ninety-one through one hundred\\nninety-three of this chapter.\\n 3. \"Fee\" means anything of value, including any money or other\\nvaluable consideration charged, collected, received, paid or promised\\nfor any service, or act rendered or to be rendered by an employment\\nagency, including but not limited to money received by such agency or\\nits emigrant agent which is more than the amount paid by it for\\ntransportation, transfer of baggage, or board and lodging on behalf of\\nany applicant for employment.\\n 4. \"Agency manager\" means the person designated by the applicant for a\\nlicense who is responsible for the direction and operation of the\\nplacement activities of the agency at the premises covered by the\\nlicense.\\n 5. \"Placement employee\" shall mean any agency manager, director,\\ncounsellor, interviewer, or any other person employed by an employment\\nagency who spends a substantial part of his time interviewing,\\ncounselling or conferring with job applicants or employers for the\\npurpose of placing or procuring job applicants, but shall not include\\nemployees of an employment agency who are primarily engaged in clerical\\noccupations.\\n 6. \"Nurses' registry\" means any employment agency, bureau, office or\\nother place which procures or attempts to procure employment or\\nengagements for nurses licensed pursuant to article one hundred\\nthirty-nine of the education law as a registered professional nurse or\\nlicensed practical nurse.\\n 7. \"Person\" means any individual, company, society, association,\\ncorporation, manager, contractor, subcontractor, partnership, bureau,\\nagency, service, office or the agent or employee of the foregoing.\\n 8. \"Theatrical employment agency\" means any person (as defined in\\nsubdivision seven of this section) who procures or attempts to procure\\nemployment or engagements for an artist, but such term does not include\\nthe business of managing entertainments, exhibitions or performances, or\\nthe artists or attractions constituting the same, where such business\\nonly incidentally involves the seeking of employment therefor.\\n 8-a. \"Artist\" shall mean actors and actresses rendering services on\\nthe legitimate stage and in the production of motion pictures, radio\\nartists, musical artists, musical organizations, directors of legitimate\\nstage, motion picture and radio productions, musical directors, writers,\\ncinematographers, composers, lyricists, arrangers, models, and other\\nartists and persons rendering professional services in motion picture,\\ntheatrical, radio, television and other entertainment enterprises.\\n 9. \"Theatrical engagement\" means any engagement or employment of an\\nartist.\\n 10. \"Emigrant agent\" shall mean any person, on behalf of an employment\\nagency who, for a fee, procures or attempts to procure employment for\\npersons outside the state or outside the continental United States\\nseeking such employment, or employees from outside the state or outside\\nthe continental United States for employers seeking the services of such\\nemployees.\\n 11. \"Speakers' bureau\" means any person whose principal business is to\\nprovide lecture business management and promotional services on behalf\\nof lecturers or speakers and procures on behalf of a lecturer or\\nspeaker, speaking engagements to appear in lecture programs established\\nby an individual or institutional sponsor and who charges a fee,\\ndirectly or indirectly, to such lecturer or speaker.\\n Whenever used in this article words in the singular shall include the\\nplural.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "172", "title" : "License required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "172", "activeDate" : "2014-09-22", "sequenceNo" : 262, "repealedDate" : null, "fromSection" : "172", "toSection" : "172", "text" : " § 172. License required. No person shall open, keep, maintain, own,\\noperate or carry on any employment agency unless such person shall have\\nfirst procured a license therefor as provided in this article. Such\\nlicense shall be issued by the commissioner of labor, except that if the\\nemployment agency is to be conducted in the city of New York such\\nlicense shall be issued by the commissioner of consumer affairs of such\\ncity. Such license shall be posted in a conspicuous place in said\\nagency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "173", "title" : "Application for license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-03-17" ], "docLevelId" : "173", "activeDate" : "2017-03-17", "sequenceNo" : 263, "repealedDate" : null, "fromSection" : "173", "toSection" : "173", "text" : " § 173. Application for license. 1. An application for such license\\nshall be made to the commissioner of labor, except that if the\\nemployment agency is to be conducted in the city of New York the\\napplication for such license shall be made to the commissioner of\\nconsumer affairs of such city. If the employment agency is owned by an\\nindividual such application shall be made by such individual; if it is\\nowned by a partnership such application shall be made by all partners;\\nif it is owned by an association or society, such application shall be\\nmade by the president and treasurer thereof, by whatever title\\ndesignated; if it is owned by a corporation, such application shall be\\nmade by all its officers and, if the stock of the corporation is\\npublicly traded, by all stockholders holding ten percent or more of the\\nstock of such corporation. A conformed or photostatic copy of the\\nminutes showing the election of such officers shall be attached to such\\napplication.\\n If the applicant will conduct business under a trade name or if the\\napplicant is a partnership, the application for a license shall be\\naccompanied by a copy of the trade name or partnership certificate duly\\ncertified by the clerk of the county in whose office said certificate is\\nfiled. Such trade name shall not be similar or identical to that of any\\nexisting licensed agency.\\n 2. a. Such application shall be written and in the form prescribed by\\nthe commissioner and shall state truthfully the name and address of the\\napplicant; the name under which the employment agency is to be\\nconducted; the street and number of the building or place where the\\nbusiness is to be conducted; the business or occupations engaged in by\\nthe applicant theretofore; the name and address of the individual who\\nwill be responsible for the direction and operation of the placement\\nactivities of the agency, whether such individual be the applicant or\\nanother; the length of time such individual has spent as a placement\\nemployee; a description of the duties of such individual when so\\nengaged; the name and present address of the last employer to employ\\nsuch individual as a placement employee; and such other information as\\nmay be prescribed by the commissioner. If such individual is not the\\napplicant, the application for a license shall be accompanied by an\\napplication for an agency manager permit by the individual who will be\\nresponsible for the direction and operation of the placement activities\\nof the agency. An application for an agency manager permit shall be on\\nsuch form as prescribed by the commissioner.\\n b. The application for a license shall be accompanied by samples or\\naccurate facsimiles of each and every form which the applicant for a\\nlicense will require applicants for employment to execute, and such\\nforms must be approved by the commissioner before a license may be\\nissued. The commissioner shall approve any such forms which fairly and\\nclearly represent contractual terms and conditions between the proposed\\nemployment agency and applicants for employment, such as are permitted\\nby this article. The commissioner shall make all forms required pursuant\\nto this article available to employment agencies in languages other than\\nEnglish, including any other language that the commissioner determines,\\nin his or her discretion, based on the size of the New York population\\nthat speaks each language and any other factor that the commissioner\\ndeems relevant. An employment agency shall not be penalized for errors\\nor omissions in the non-English portions of any forms provided by the\\ncommissioner.\\n c. If the applicant for a license intends to recruit persons who\\nreside in a state outside this state for employment as domestic or\\nhousehold employees, or to recruit persons from outside the continental\\nUnited States for domestic or household employment, or is to provide or\\narrange for lodging of applicants for employment or other persons doing\\nbusiness with the agency, he shall so state in the application for a\\nlicense, and give the address where such lodging will be provided. Such\\napplication shall be accompanied by the statements of at least two\\nreputable residents of the state, subscribed and affirmed by such\\nresidents as true under the penalties of perjury, except that where the\\nagency is to be conducted in New York city, the statements shall be of\\nat least two reputable persons who reside or do business in such city,\\nto the effect that the applicant is a person of good moral character.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "174", "title" : "Procedure upon application; grant of license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-03-17" ], "docLevelId" : "174", "activeDate" : "2017-03-17", "sequenceNo" : 264, "repealedDate" : null, "fromSection" : "174", "toSection" : "174", "text" : " § 174. Procedure upon application; grant of license. 1. Upon the\\nreceipt of an application for a license, the commissioner shall cause\\nthe name and address of the applicant, the name under which the\\nemployment agency is to be conducted, and the street and number of the\\nplace where the agency is to be conducted, to be posted on the\\ncommissioner's website, as well as in a conspicuous place in his public\\noffice. Such agency shall be used exclusively as an employment agency\\nand for no other purpose, except as hereinafter provided. The\\ncommissioner shall investigate or cause to be investigated the character\\nand responsibility of the applicant and agency manager and shall examine\\nor cause to be examined the premises designated in such application as\\nthe place in which it is proposed to conduct such agency.\\n The commissioner shall require all applicants for licenses and agency\\nmanagers to be fingerprinted. Such fingerprints shall be submitted to\\nthe division of criminal justice services for a state criminal history\\nrecord check, as defined in subdivision one of section three thousand\\nthirty-five of the education law, and may be submitted to the federal\\nbureau of investigation for a national criminal history record check.\\nThe criminal history information, if any, received by the commissioner\\nshall be considered in accordance with the provisions of article\\ntwenty-three-A of the correction law and subdivisions fifteen and\\nsixteen of section two hundred ninety-six of the executive law. A\\nreasonable time before making a determination on the application\\npursuant to this subdivision, the commissioner shall provide the\\napplicant with a copy of the applicant's criminal history information,\\nif any. Where such criminal history information is provided, the\\ncommissioner shall also provide a copy of article twenty-three-A of the\\ncorrection law, and inform such applicant of his or her right to seek\\ncorrection of any incorrect information contained in such criminal\\nhistory information pursuant to the regulations and procedures\\nestablished by the division of criminal justice services.\\n 2. Any person may file, within one week after such application is so\\nposted, a written protest against the issuance of such license. Such\\nprotest shall be in writing and signed by the person filing the same or\\nhis authorized agent or attorney, and shall state reasons why the said\\nlicense should not be granted. Upon the filing of such protest the\\ncommissioner shall appoint a time and place for the hearing of such\\napplication, and shall give at least five days' notice of such time and\\nplace to the applicant and the person filing such protest. The\\ncommissioner may administer oaths, subpoena witnesses and take testimony\\nin respect to the matters contained in such application and protests or\\ncomplaints of any character for violation of this article, and may\\nreceive evidence in the form of affidavits pertaining to such matters.\\nIf it shall appear upon such hearing or from the inspection, examination\\nor investigation made by the commissioner that the applicant or agency\\nmanager is not a person of good character or responsibility; or that he\\nor the agency manager has not had at least two years experience as a\\nplacement employee, vocational counsellor or in related activities, or\\nother satisfactory business experience which similarly tend to establish\\nthe competence of such individual to direct and operate the placement\\nactivities of the agency; or that the place where such agency is to be\\nconducted is not a suitable place therefor; or that the applicant has\\nnot complied with the provisions of this article; the said application\\nshall be denied and a license shall not be granted. Each application\\nshould be granted or refused within thirty days from the date of its\\nfiling.\\n 3. Any license heretofore issued shall run to the first Tuesday of May\\nnext following the date thereof and no later, unless sooner revoked by\\nthe commissioner. On and after May first, nineteen hundred seventy-six,\\nlicenses shall run to May first, nineteen hundred seventy-eight;\\nthereafter to May first of every second year. A separate license shall\\nbe required for each branch of any agency.\\n 4. No license shall be granted to a person to conduct the business of\\nan employment agency in rooms used for living purposes or where boarders\\nor lodgers are kept or where meals are served or where persons sleep or\\nin connection with a building or premises where intoxicating liquors are\\nsold to be consumed on the premises, excepting cafes and restaurants in\\noffice buildings. No license shall be granted to a person to conduct the\\nbusiness of an employment agency where the name of the employment agency\\ndirectly or indirectly expresses or connotes any limitation,\\nspecification or discrimination as to race, creed, color, age, sex,\\nnational origin, disability or marital status, and the lack of intent on\\nthe part of the applicant for the license to make any such limitation,\\nspecification or discrimination shall be immaterial, except that any\\npresently licensed employment agency bearing a name which directly or\\nindirectly expresses or connotes any such limitation, specification or\\ndiscrimination may continue to use its present name and may have its\\nlicense renewed using its present name, provided that it display under\\nsuch name, wherever it appears, a statement to the effect that its\\nservices are rendered without limitation, specification or\\ndiscrimination as to race, creed, color, age, sex, national origin,\\ndisability or marital status.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "175", "title" : "Form and contents of license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "175", "activeDate" : "2014-09-22", "sequenceNo" : 265, "repealedDate" : null, "fromSection" : "175", "toSection" : "175", "text" : " § 175. Form and contents of license. 1. Every license shall contain\\nthe name of the person licensed, a designation of the city, town or\\nvillage, street and number of the place in which the person licensed is\\nauthorized to carry on the said employment agency, and the number and\\ndate of such license. If the licensee is a corporation, the license\\nshall be issued in the name of the corporation and the names of the\\npresident and treasurer individually and as officers. All other\\nofficers of the corporation and all stockholders of a corporation whose\\nstock is not publicly traded holding ten percent or more of the stock of\\nsuch corporation shall be deemed licensees.\\n 2. It shall be the duty of the licensee to notify promptly the\\ncommissioner of any changes of the persons licensed or deemed to be\\nlicensees, and of any material change in the ownership or operation of\\nthe agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "176", "title" : "Assignment or transfer of license; change of location; additional locations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "176", "activeDate" : "2014-09-22", "sequenceNo" : 266, "repealedDate" : null, "fromSection" : "176", "toSection" : "176", "text" : " § 176. Assignment or transfer of license; change of location;\\nadditional locations. A license granted as provided in this article\\nshall not be valid for any person other than the person to whom it is\\nissued or any place other than that designated in the license and shall\\nnot be assigned or transferred without the consent of the commissioner.\\nApplications for such consent shall be made in the same manner as an\\napplication for a license, and all the provisions of sections one\\nhundred seventy-three and one hundred seventy-four shall apply to\\napplications for such consent. The location of an employment agency\\nshall not be changed without the consent of the commissioner, and such\\nchange of location shall be indorsed upon the license. A person who has\\nobtained an employment agency license in accordance with the provisions\\nof this article, may apply for an additional license to conduct an\\nadditional employment agency, in accordance with the provisions of\\nsection one hundred seventy-three. The manner of application, and the\\nconditions and terms applicable to the issuance of such license shall be\\nthe same as for an initial or original license except that the said\\nlicense shall not extend beyond the termination date of the original\\nlicense. An additional bond shall be furnished to the commissioner\\nissuing the additional license, and the terms of said bond shall be such\\nas to make it payable as well to the people of the state of New York or\\nof the city of New York, as the case may be.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "177", "title" : "Bonds and license fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "177", "activeDate" : "2014-09-22", "sequenceNo" : 267, "repealedDate" : null, "fromSection" : "177", "toSection" : "177", "text" : " § 177. Bonds and license fees. 1. Every person licensed under the\\nprovisions of this article to carry on the business of an employment\\nagency shall pay to the commissioner a license fee in accordance with\\nthe following schedule before such license is issued. The minimum fee\\nfor said license shall be five hundred dollars, and for an agency\\noperating with more than four placement employees, seven hundred\\ndollars, provided, however, that if the license is to run less than one\\nyear, the fee shall be two hundred fifty dollars and three hundred fifty\\ndollars respectively, and if the license is to run less than six months,\\nthe fee shall be one hundred twenty-five dollars and one hundred\\nseventy-five dollars respectively. For the purpose of determining the\\nlicense fee which an employment agency shall pay, the applicant for such\\nlicense shall state in his application to the commissioner the average\\nnumber of placement employees employed by the applicant's employment\\nagency during the preceding calendar year; or, in the event that the\\napplicant has not previously conducted an employment agency under the\\nprovisions of this article, he or she shall state the average number of\\nplacement employees which he or she reasonably expects will be employed\\nby the employment agency during the calendar year in which the license\\nis issued. If the application for a license is denied or withdrawn,\\none-half of the license fee provided herein shall be returned to the\\napplicant. He or she shall also deposit before such license is issued,\\nwith the commissioner, a bond in the penal sum of five thousand dollars\\nwith two or more sureties or a duly authorized surety company, to be\\napproved by the commissioner, provided, however, that if the applicant\\nwill engage in the recruitment of domestic or household employees from\\noutside the continental United States, or will conduct a modeling agency\\nthe bond shall be in the penal sum of ten thousand dollars.\\n 2. The bond executed as provided in subdivision one of this section\\nshall be payable to the people of the state of New York or of the city\\nof New York, as the case may be, and shall be conditioned that the\\nperson applying for the license will comply with this article, and shall\\npay all damages occasioned to any person by reason of any misstatement,\\nmisrepresentation, fraud or deceit, or any unlawful act or omission of\\nany licensed person, his agents or employees, while acting within the\\nscope of their employment, made, committed or omitted in the business\\nconducted under such license, or caused by any other violation of this\\narticle in carrying on the business for which such license is granted.\\nThe bond also shall be conditioned that the person applying for the\\nlicense shall pay the commissioner all fines imposed pursuant to section\\none hundred eighty-nine of this article.\\n 3. If at any time the surety or sureties become financially\\nirresponsible in the judgment of the commissioner or insolvent the\\nlicensed person shall, upon notice from the commissioner, file a new\\nbond, subject to the provisions of this section. The failure to file a\\nnew bond, within ten days after such notice, in the discretion of the\\ncommissioner, shall operate as a revocation of such license and the\\nlicense shall be thereupon returned to the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "178", "title" : "Action on bond", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "178", "activeDate" : "2014-09-22", "sequenceNo" : 268, "repealedDate" : null, "fromSection" : "178", "toSection" : "178", "text" : " § 178. Action on bond. All claims or suits brought in any court\\nagainst any licensed person may be brought in the name of the person\\ndamaged upon the bond deposited by such licensed person as provided in\\nsection one hundred seventy-seven and may be transferred and assigned as\\nother claims for damages in civil suits. The amount of damages claimed\\nby plaintiff, and not the penalty named in the bond, shall determine the\\njurisdiction of the court in which the action is brought. The\\ncommissioner may institute a suit against the bond on behalf of any\\nperson damaged. Where such licensed person has departed from the state\\nwith intent to defraud his creditors or to avoid the service of a\\nsummons in an action brought under this section, service shall be made\\nupon the surety in the manner provided for service of a summons. A copy\\nof such summons shall be mailed to the last known post office address of\\nthe residence of the licensed person and the place where he conducted\\nsuch employment agency, as shown by the records of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "179", "title" : "Registers and other records to be kept", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06" ], "docLevelId" : "179", "activeDate" : "2017-01-06", "sequenceNo" : 269, "repealedDate" : null, "fromSection" : "179", "toSection" : "179", "text" : " § 179. Registers and other records to be kept. It shall be the duty of\\nevery licensed person to keep a register, approved by the commissioner,\\nin which shall be entered, in the English language, the date of the\\napplication for employment, the date the applicant started work and the\\nname and address of every applicant from whom a fee or deposit is\\ncharged, the amount of the fee or deposit and the service for which it\\nis received or charged. Such licensed person shall also enter in the\\nsame or in a separate register, approved by the commissioner, in the\\nEnglish language, the name and address of every employer from whom a fee\\nis received or charged or to whom the licensed person refers an\\napplicant who has paid or is charged a fee, the date of such employer's\\nrequest or assent that applicants be furnished, the kind of position for\\nwhich applicants are requested, the names of the applicants sent from\\nwhom a fee or deposit is received or charged with the designation of the\\none employed, the amount of the fee or deposit charged, and the rate of\\nsalary or wages agreed upon. It shall also be the duty of every licensed\\nperson to keep complete and accurate written records in the English\\nlanguage of all receipts and income received or derived directly from\\nthe operation of his employment agency, and to keep records concerning\\njob orders. No such licensed person, his agent or employees, shall make\\nany false entry in such records. It shall be the duty of every licensed\\nperson to communicate orally or in writing with at least one of the\\npersons mentioned as references for every applicant for work in private\\nfamilies, or employed in a fiduciary capacity, and the result of such\\ninvestigation shall be kept on file in such agency for a period of at\\nleast three years. Every register and all records kept pursuant to the\\nrequirements of this article shall be retained on the premises of the\\nagency concerned for three years following the date on which the last\\nentry thereon was made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "181", "title" : "Contracts, statements of terms and conditions, and receipts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-03-17", "2017-12-22", "2018-04-27" ], "docLevelId" : "181", "activeDate" : "2018-04-27", "sequenceNo" : 270, "repealedDate" : null, "fromSection" : "181", "toSection" : "181", "text" : " § 181. Contracts, statements of terms and conditions, and receipts. It\\nshall be the duty of every employment agency to give to each applicant\\nfor employment:\\n 1. A true copy of every contract executed between such agency and such\\napplicant, which shall have printed on it or attached to it a statement\\nsetting forth in a clear and concise manner the provisions of sections\\none hundred eighty-five, and one hundred eighty-six of this article.\\n 2. (a) For class \"C\" theatrical employment:\\n (1) Such contract in blank shall be first approved by the commissioner\\nand his or her determination shall be reviewable by certiorari. Each\\ncontract shall include the gross commission or fees to be paid by the\\nartist to the theatrical employment agency consistent with section one\\nhundred eighty-five of this article. Each such contract shall also\\ninclude the name, address, phone number and license number of the\\ntheatrical employment agency in addition to the name of the artist, the\\ntype of services covered by the contract, and all terms and conditions\\nassociated with the payment of such commission or fees. The theatrical\\nemployment agency shall keep on file a copy of each contract entered\\ninto with an artist and provide a copy of each contract to the artist.\\n (2) Separate from the contract, the agency shall provide to the\\nartist, at the time of each audition or interview for specific\\nemployment, information as to the name and address of the person to whom\\nthe artist is to apply for such employment, the service to be performed,\\nthe anticipated rate of compensation, where such compensation is known\\nprior to the audition or interview, and any other material terms and\\nconditions of such employment that are known by the agency prior to the\\naudition or interview. Such information may be provided by electronic\\ncommunication.\\n (b) For all other employment, including class \"A\" and \"A-1\"\\nemployment, each contract shall include, but not be limited to, the\\nfollowing: information as to the name and address of the person to whom\\nthe applicant is to apply for such employment, the name, the address,\\nthe mailing address, and the telephone number of the employer; the\\naddress or addresses of employment, the kind of service to be performed;\\nthe anticipated rate of wages or compensation; the anticipated hours of\\nwork per day and number of days to be worked per week; the agency's fee\\nfor the applicant based on such anticipated wages or compensation; any\\nprovision to the employee, and costs associated with that provision\\nincluding housing, health insurance, healthcare, sick leave, holidays\\nand retirement benefits; whether such employment is permanent or\\ntemporary, the anticipated period of employment, the name and address of\\nthe person authorizing the hiring of such applicant; and the cost of\\ntransportation if the services are required outside of the city, town or\\nvillage where such agency is located. If the job is a conditionally\\nfee-paid job, the conditions under which the applicant will be required\\nto pay a fee shall be clearly set forth in a separate agreement in\\nten-point type signed by the job applicant.\\n 3. (a) This paragraph shall apply to all classes of employment except\\nfor class \"C\" theatrical employment. The employment agency shall provide\\nto each applicant, a separate document accompanying each contract\\nsummarizing the terms and conditions of the contract. This document\\nshall be entitled \"terms and conditions\" and shall include the language\\nthat the document is not a contract and that such document is not\\nlegally binding. The terms and conditions shall be provided in plain and\\ncommonly understood terms and language which shall aid the job applicant\\nin understanding the transaction and such document shall limit the use\\nof technical terms whenever possible.\\n (b) The terms and conditions shall conform to any templates\\nestablished by the commissioner and be made available to employment\\nagencies in such manner as determined by the commissioner. In developing\\nsuch templates, the commissioner shall afford the public an opportunity\\nto submit comments on such templates.\\n (c) The commissioner may promulgate rules and regulations necessary to\\ncarry out the provisions of this section.\\n (d) An employment agency shall not be penalized for errors or\\nomissions in the non-English portions of any templates provided by the\\ncommissioner.\\n 4. A receipt for any fee, deposit, consideration, or payment which\\nsuch agency receives from such applicant, which shall have printed or\\nwritten on it the name of the applicant, the name and address of the\\nemployment agency, the date and amount of such fee, deposit,\\nconsideration or payment or portion thereof for which the receipt is\\ngiven, the purpose for which it was paid, and the signature of the\\nperson receiving such payment. If the applicant for employment has been\\nrecruited from outside the state for domestic or household employment\\nthe receipt shall have printed on it, or attached to it, a copy of\\nsection one hundred eighty-four of this article. Except as provided\\nbelow for class \"C\" theatrical employment, the receipt shall also\\ninclude, immediately above the place for signature of the person\\nreceiving payment, set off in a box and printed in bold capital letters,\\nthe following statement: \"An employment agency may not charge you, the\\njob applicant, a fee before referring you to a job that you accept. If\\nyou pay a fee before accepting a job or pay a fee that otherwise\\nviolates the law, you may demand a refund, which shall be repaid within\\nseven days\". For class \"C\" employment such receipt shall state: \"A\\ntheatrical employment agency may not charge you, the artist, a fee\\nbefore referring you to a job that you accept. A theatrical employment\\nagency may charge you, the artist, a fee after an agency represents you\\nin the negotiation or renegotiation of an original or pre-existing\\nemployment contract. If you pay a fee that otherwise violates the law,\\nyou may demand a refund, which shall be repaid within seven days\".\\n 5. The completed original or duplicate-original copy of each such\\ncontract, statement of terms and conditions, receipts, and any other\\ndocuments given to the applicant shall be retained by every employment\\nagency for three years following the date on which the contract is\\nexecuted or the payment is made, and shall be made available for\\ninspection by the commissioner or his or her duly authorized agent or\\ninspector, upon his or her request. Notwithstanding the other provisions\\nof such contracts, the monetary consideration to be paid by the\\napplicant shall not exceed the fee ceiling provided in subdivision eight\\nof section one hundred eighty-five of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "182", "title" : "Cards to be furnished nurses; registry records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "182", "activeDate" : "2014-09-22", "sequenceNo" : 271, "repealedDate" : null, "fromSection" : "182", "toSection" : "182", "text" : " § 182. Cards to be furnished nurses; registry records. A nurses'\\nregistry shall send out to practice nursing only persons duly licensed\\npursuant to article one hundred thirty-nine of the education law as a\\nregistered professional nurse or licensed practical nurse. Every nurses'\\nregistry, before sending a person out to practice nursing, shall\\ninvestigate such person's educational qualifications and verify such\\nperson's licensure and current registration. At least two current\\nwritten references shall be required of such person. The record of such\\ninvestigation and verification shall be kept on file in the registry.\\n Every nurses' registry that sends out any such person shall at such\\ntime give to such person and send to the employer of such person a card\\nstating (1) such person's name, address and salary, (2) whether such\\nperson is a registered professional nurse or licensed practical nurse,\\n(3) the number of the current registration certificate issued to such\\nperson by the education department, and (4) a statement that the record\\nof such person's educational qualifications and experience in the\\npractice of nursing is on file in such registry and that a copy thereof\\nwill be sent to such employer on request. A copy of such card shall be\\nkept on file in the registry.\\n The record of investigation and verification and the card-copy\\nrequired by this section to be kept on file shall be open to inspection\\nby any duly authorized agent of the university of the state of New York,\\nand every nurses' registry shall furnish a complete list of its\\nregistrants on request of such agent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "184", "title" : "Recruitment of domestic or household employees who are residents of other states; findings and policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "184", "activeDate" : "2014-09-22", "sequenceNo" : 272, "repealedDate" : null, "fromSection" : "184", "toSection" : "184", "text" : " § 184. Recruitment of domestic or household employees who are\\nresidents of other states; findings and policy. The acute shortage of\\ndomestic or household employees in this state has led to extensive\\nrecruitment of such employees from other states in the continental\\nUnited States. Social, economic and community problems occur in the\\nprocess of recruiting and relocating unskilled employees from outside\\nthe state for such household employment. It is hereby declared to be\\nthe public policy of the state to encourage the recruitment of such\\nemployees from outside the state only under circumstances and conditions\\nwhich will safeguard and protect the interests of such employees, their\\nemployers and the public at large. Incident to such recruiting are\\nfactors and considerations which do not exist in the recruitment of\\nworkers from within the state which impose certain responsibilities upon\\nemployment agencies engaged in such recruiting. Likewise, such\\nemployment agencies incur costs in the recruiting and placement of\\nemployees from without the state which are not entailed in recruiting\\nresidents of the state. Therefore, in order to provide sound and\\nresponsible practices and procedures for such recruitment and adequate\\nregulation thereof, the following provisions of this section are deemed\\nto be in the interest of the public safety and welfare.\\n 1. No employment agency, directly or indirectly, shall accept\\napplications from persons who reside in a state outside New York,\\nprocure or offer to procure employment of persons as domestic or\\nhousehold employees who are residing in states outside of this state\\nprevious to their application for employment, except as provided in this\\nsection and in the applicable provisions of other sections of this\\narticle. As used in this section, the term \"state\" applies to the\\nforty-eight states on this continent, and the District of Columbia, but\\ndoes not include the state of Alaska.\\n 2. An employment agency which engages in such recruitment, offer or\\nprocurement as described in subdivision one, directly or indirectly,\\nshall furnish to the commissioner a written list containing the name and\\naddress of all emigrant agents from whom it accepts job applicants. If\\nsuch emigrant agents are required to be licensed in the places in which\\nthey are recruiting employees, no employment agency, directly or\\nindirectly, shall accept applicants from persons other than duly\\nlicensed emigrant agents.\\n 3. No employment agency shall, directly or indirectly, procure or\\noffer to procure domestic or household employment for a person who is\\nunder the age of eighteen years and resides outside of the state.\\n 4. If an employment agency engages in the recruitment of domestic or\\nhousehold employees from outside of the state, it shall:\\n (a) Enter into its register the following information, in addition to\\nthe register entries prescribed in section one hundred seventy-nine of\\nthis article: (1) the last home address and birth date of all applicants\\nfor such employment whom the employment agency is responsible for\\nbringing into New York state; (2) the name and address of the emigrant\\nagent, if any, through whom such applicant was obtained; (3) the name\\nand address of all persons to whom the employment agency has made\\npayments in connection with the recruitment of the applicant and amounts\\nof such payments; (4) the total charges made by the agency to the\\napplicant include, to be separately designated: (A) agency fee; (B) any\\ncharges for transportation, and (C) any other charges in connection with\\nplacement.\\n (b) Respecting applicants from out of the state for whom the agency is\\nresponsible, directly or indirectly, for bringing into New York state,\\nthe agency shall have the following additional obligations: (1) direct\\nthat the transportation of such applicants shall be by duly licensed\\ncommon carrier for passengers where transportation to New York is\\narranged for or authorized, directly or indirectly, by the employment\\nagency; (2) provide solely at agency expense suitable lodging and meals\\nfor the applicant if he or she is not placed in employment the day he or\\nshe arrives at the office of the employment agency, from the time he or\\nshe reports at such agency until he or she is placed, or is returned to\\nthe place from which he or she was recruited, or is given the option of\\nreturning to such place as provided in part (3) hereof, and provide\\nsolely at the agency's expense meals and lodging for the applicant at\\nany time the applicant is not employed during the thirty-day period\\nfollowing the day the applicant arrives at the office of the employment\\nagency unless the applicant unreasonably refuses to accept comparable\\nemployment offered by the agency; (3) provide the return fare and\\nreasonable allowance for one day's meals to the applicant or employee\\nshould the employment terminate within thirty days and such applicant or\\nemployee is without employment, or should no placement be made, and the\\nemployee desires to return to the place from which he was recruited. The\\nbond pursuant to section one hundred seventy-seven of this article shall\\nsecure performance of the aforementioned undertaking and that required\\nby provision (2) above and the provisions of section one hundred\\nseventy-eight concerning actions on bonds shall be applicable thereto;\\n(4) give an applicant before being brought to this state a written\\nstatement on a form approved by the commissioner showing the nature and\\nduties of the job for which the applicant is recruited, the anticipated\\nwages, the amount of the agency fee based on such wages, the amount for\\ntransportation that the applicant will have to repay if such amount has\\nbeen advanced by the agency, and the amount of any other advances or\\ncharges. The statement also shall indicate when such amounts are payable\\nto the agency. A copy of such statement shall be kept on file by the\\nagency, and the copy shall have indicated on it when and by whom the\\noriginal statement was given to the applicant; (5) communicate from New\\nYork state with the reference with which the agency is required to\\ncheck, and no worker shall be induced, encouraged, invited or requested\\nto come to New York state for employment unless communication shall have\\nbeen made at least one day prior thereto; and (6) not require an\\napplicant to pay the agency fee and any advances or charges at a rate\\ngreater than in four equal installments payable at the end of the first,\\nsecond, third, and fourth weeks following the employment,\\nnotwithstanding the provisions of subdivisions two and three of section\\none hundred eighty-five, or any other provision of this chapter.\\n 5. Notwithstanding the maximum fee schedule provided for in section\\none hundred eighty-five of this article, the maximum fee to be charged a\\njob applicant for placement in employment under this section shall not\\nexceed, as a percentage of the first full month's salary or wages the\\nfollowing:\\nwhere no meals or lodging are provided ............................ 15 %\\nwhere one meal per work day is provided ........................... 18 %\\nwhere two meals per work day are provided ......................... 21 %\\nwhere three meals per work day and lodging are provided and\\nwhere the first full month's salary or wages is:\\nless than $130 .................................................... 26 %\\nat least $130 but less than $150 .................................. 28 %\\nat least $150 or more ............................................. 30 %\\n 5. Subsequent placement. If employment terminates within thirty days,\\nand the agency is responsible for the placement of the employee with\\nanother employer within such thirty-day period, the agency may charge\\nthe maximum fee provided by subdivision four of this section. If such\\nsubsequent placement is made after such thirty-day period, the fee\\nprovisions of section one hundred eighty-five shall apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "184-A", "title" : "Recruitment of domestic or household employees from outside the continental United States", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "184-A", "activeDate" : "2014-09-22", "sequenceNo" : 273, "repealedDate" : null, "fromSection" : "184-A", "toSection" : "184-A", "text" : " § 184-a. Recruitment of domestic or household employees from outside\\nthe continental United States. 1. Purposes. The recruitment of domestic\\nor household employees from outside the continental United States\\ninvolves special problems and special services not encompassed in other\\nsections of this article. This section is enacted to establish adequate\\nregulation and to provide responsible practices and procedures for such\\nrecruitment and is in the interests of employers, employees, employment\\nagencies and the public.\\n 2. Application. a. The provisions of this section, and the applicable\\nprovisions of other sections of this article, shall apply to an\\nemployment agency which directly or indirectly recruits, supplies, or\\noffers to recruit or supply, or participates in any manner in the\\nrecruitment or supply of any person who resides outside the continental\\nUnited States for employment within the continental United States as a\\ndomestic or household employee. The provisions of sections one hundred\\neighty-four and one hundred eighty-five, and of subdivisions two, three,\\nand four of section one hundred eighty-six of this article, are excluded\\nfrom the application of this section.\\n b. The term \"continental United States\" as used in this section means\\nthe forty-eight states on this continent and the District of Columbia,\\nbut does not include the state of Alaska.\\n 3. Responsibilities. a. No such agency shall directly or indirectly\\nsupply or participate in the supply of any person who is under the age\\nof eighteen years at the time of his emigration to the United States.\\n b. Such agency shall have the following additional responsibilities:\\n (1) Confirm the statements in the employee's application for\\nemployment relating to the age and references given, and fully and\\naccurately inform the employer before the employer agrees to employ the\\napplicant, of the applicant's statements relating to his qualifications,\\nage, experience, references and related matters.\\n (2) Provide the applicant for employment with a statement of job\\nconditions in a form approved by the commissioner. The statement shall\\nfully and accurately describe the nature and terms of employment,\\nincluding wages, hours of work, agency fee and the advances, if any,\\nwhich are specifically authorized by this section. Such statement shall\\nalso clearly indicate when the applicant will be required to pay such\\nfee, and advances. The statement shall be in the English language, and\\nif the applicant's native language is other than English, the statement\\nshall also be in such language. This statement shall be mailed to the\\napplicant prior to the time the applicant signs an employment agreement.\\nThe agency shall keep on file a duplicate copy of such statement, which\\nshall have indicated on it when and by whom it was mailed to the\\napplicant, and the certificate of mailing shall be attached thereto.\\n (3) Reduce to writing any contractual agreement with the employer or\\nwith the employee.\\n (4) If the agency arranges for the employee's travel, it shall provide\\nthat the transportation be by common carrier. The agency shall meet or\\narrange for the employer to meet the employee at the port of arrival.\\n (5) a. Provide the employee with suitable meals and lodging solely at\\nagency expense from the time the employee arrives until the beginning of\\nemployment, or at any time within ninety days after arrival, upon notice\\nthat the employee is without employment.\\n b. If the employer discharges the employee without giving the agency\\nadvance notice of at least three business days, the agency may charge\\nthe employer the actual cost of providing suitable meals and lodging\\nincurred because of the failure to give such notice, but in no event for\\nmore than five consecutive calendar days. Such charge, however, may not\\nbe made where unusual circumstances would create an undue burden on the\\nemployer to provide meals and lodging to the employee after the\\ndischarge of the employee.\\n c. If the employee unreasonably refuses to accept comparable\\nemployment offered by the agency, the obligation provided by this\\nparagraph shall terminate.\\n (6) If within ninety days after arrival the employee (a) has become\\ndisabled and is unable to continue work as evidenced by a certificate\\nfrom a doctor designated by the consulate of the country of his\\nnationality; and (b) is in financial distress and wishes to return to\\nthe country from which he came, the agency shall provide return fare and\\na reasonable allowance for meals while traveling.\\n (7) If the employee is hospitalized within ninety days after arrival,\\nand the employee is in financial distress and unable to meet the cost of\\nhospitalization, the agency shall be responsible for reasonable\\nhospitalization costs incurred during such ninety-day period, provided,\\nhowever, that this responsibility shall be deemed to be met if the\\nagency provides a basic twenty-one day hospitalization insurance policy\\napproved by the commissioner. This provision shall in no way prevent an\\nagency from requiring the employer to agree to provide the same basic\\ntwenty-one day hospitalization insurance policy for the employee, but\\nthe employee may not be required to pay the premium for such policy\\ncovering the first ninety days. Any person or organization damaged by\\nthe failure of an agency to comply with this paragraph or with\\nparagraphs (5) and (6) of this subdivision may bring an action on the\\nagency bond as provided in this article.\\n (8) Comply with all of the applicable laws and regulations of the\\ncountry from which the employee is recruited.\\n (9) If prior to the arrival of the employee in the United States,\\neither the employee or the employer cancels the employment agreement,\\nthe agency shall notify in writing the central immigration office of the\\nNew York state department of labor within ten days of receiving notice\\nof the cancellation.\\n 4. Fees and disbursements. a. Circumstances permitting fees. Such\\nagency shall not charge or accept a fee or other consideration unless in\\naccordance with the terms of a written contract, the form of which has\\nbeen approved by the commissioner, and unless the agency has been\\nresponsible for the employment of the employee.\\n b. Maximum fee. (1) The total maximum fee that such agency may charge\\nfor any placement shall not exceed eleven percent of the employee's\\nagreed or anticipated first full year's wages, and of this total maximum\\nfee not more than twenty-five percent may be charged the employee.\\nNothing herein shall be construed as prohibiting an agency from making\\nan agreement with an employer under which the employer agrees to pay the\\ntotal maximum fee provided by this subdivision, but in such event, no\\nfee shall be charged the employee.\\n (2) If the agreement between the employer and employee provides for an\\nadditional wage payment on completion of the contract of employment, and\\nif such additional payment is payable to the employee on a monthly\\npro-rata basis in the event that the employment terminates for any\\nreason before the completion of the contract, such additional payment\\nmay be considered part of the employee's first full year's wages.\\n (3) If an employee is provided meals or lodging, the value of such\\nmeals or lodging shall not be included in determining the employee's\\nfirst full year's wages.\\n c. Deposits or advance fee. An agency may require an employer to pay a\\ndeposit or advance the fee before an employee is employed, and such\\ndeposit or advance shall be offset against the fee charged the employer.\\n d. Employer's cancellation fee. The agency shall be entitled to a fee\\nfrom the employer not exceeding twenty-five dollars if the employer\\ncancels his job order before the acceptance of the job offer by the\\nemployee. If the cancellation occurs after such acceptance and before\\ncertification for alien employment by the appropriate governmental\\nagency, the fee shall not exceed fifty dollars. If the cancellation\\noccurs after such acceptance and after such certification, the fee shall\\nnot exceed seventy-five dollars. No cancellation fee, however, shall be\\npayable if within a reasonable time after the employer placed his job\\norder the agency failed to make reasonable efforts to supply a job\\napplicant to the employer.\\n e. Employee's payments; when payable. The agency fee charged to the\\nemployee and any advances made to the employee for transportation, visa\\nfee and medical examination, and such other advances as are specifically\\nauthorized by the commissioner, shall be payable at a rate not greater\\nthan six equal installments, at the end of each of the first six months\\nof employment. If the employer, on behalf of the employee, advances the\\nemployee's agency fee or other authorized costs, the contract between\\nthe employer and the agency shall provide that the employee is not\\nrequired to repay the employer the money advanced at a rate greater than\\nsuch six equal monthly installments.\\n f. Termination of employment. (1) Notwithstanding any other provision\\nof this section, if the employment terminates for any reason within\\nninety days, the following fees may be charged the employer and may be\\ncharged the employee:\\n (a) Fifty percent of the maximum fee provided by paragraph b of this\\nsubdivision, and\\n (b) If the employment terminates after thirty days, an additional fee\\ncomputed by prorating the remaining fifty percent of the maximum fee on\\nthe basis of the number of days worked during such sixty-day period.\\n (2) If after termination, subsequent placements are made by the agency\\nto such employer or of such employee, the total termination fees payable\\nby such employer and such employee shall not exceed the maximum fees\\nprovided by paragraph b of this subdivision for the initial placement.\\n g. Subsequent placement with another employer. If employment\\nterminates within ninety days and the agency is responsible for the\\nplacement of the employee with another employer within such ninety-day\\nperiod, the maximum fee that the agency may charge for such subsequent\\nplacement shall be the fee provided by paragraph b of this subdivision.\\nIf such subsequent placement is made after such ninety-day period, the\\nfee provisions of section one hundred eighty-five of this article shall\\napply to such placement, notwithstanding subdivision two of this\\nsection.\\n h. Employee's refusal of employment. Notwithstanding any other\\nprovision of this section, if the employee after arrival in this\\ncountry, refuses to accept the employment for which he was recruited or\\nanother comparable position offered by the agency, he shall pay an\\nagency fee of not to exceed twenty-five dollars, and shall remain\\npersonally responsible to his employer for any and all advances made in\\nhis behalf.\\n i. Limitations and charges. Except for the advances specifically\\nprovided in paragraph e of this subdivision, an agency shall not\\ndirectly or indirectly make any charge or require any advances whatever.\\nSuch prohibited charges include, but are not limited to attorney's fees\\nand finance charges.\\n 5. Emigrant agent. a. Such agency shall furnish to the commissioner\\nthe names and addresses of all emigrant agents it utilizes. Only a duly\\nlicensed emigrant agency may be utilized, directly or indirectly, by the\\nemployment agency if such emigrant agent is required to be licensed in\\nthe place where he is recruiting employees.\\n b. Any fee paid to an emigrant agent shall be considered part of the\\nmaximum fee which an agency may charge as provided by this section.\\n 6. Registers. In addition to the entries prescribed in section one\\nhundred seventy-nine of this article, such agency shall enter in its\\nregister the following information: (a) the last home address and birth\\ndate of all applicants for employment who were recruited by the agency;\\n(b) the name and address of the emigrant agent, if any, through whom\\nsuch applicant was obtained; (c) the fee, if any, paid to the emigrant\\nagent by the agency, job applicant or employer which shall be separately\\nstated; (d) the charges or advances made to the job applicant for agency\\nfee, transportation and visa fee, and such charges or advances shall be\\nseparately listed and the total indicated; and (e) the manner in which\\nthe employee's age and references were confirmed.\\n 7. Recordkeeping. Such agency shall retain for inspection: (a) copies\\nof all forms prepared or received on behalf of an employee and submitted\\nto any governmental agency in connection with immigration requirements;\\nand (b) copies of executed contracts between the agency and the employer\\nand between the agency and the employee. The copies shall be retained on\\nthe premises of the agency for three years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "185", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-07-31", "2017-01-06" ], "docLevelId" : "185", "activeDate" : "2017-01-06", "sequenceNo" : 274, "repealedDate" : null, "fromSection" : "185", "toSection" : "185", "text" : " § 185. Fees. 1. Circumstances permitting fee. An employment agency\\nshall not charge or accept a fee or other consideration unless in\\naccordance with the terms of a written contract with a job applicant and\\nafter such agency has been responsible for referring such job applicant\\nto an employer or such employer to a job applicant and where as a result\\nthereof such job applicant has been employed by such employer, except\\nfor class \"C\" employment: (a) after an agency has been responsible for\\nreferring an artist to an employer or such employer to an artist and\\nwhere as a result thereof such artist has been employed by such\\nemployer; or (b) after an agency represents an artist in the negotiation\\nor renegotiation of an original or pre-existing employment contract and\\nwhere as a result thereof the artist enters into a negotiated or\\nrenegotiated employment contract. For class \"C\" employment pursuant to\\nthis paragraph, an employment agency shall provide an artist with a\\nstatement setting forth in a clear and concise manner the provisions of\\nthis section and section one hundred eighty-six of this article.\\n The maximum fees provided for herein for all types of placements or\\nemployment may be charged to the job applicant and a similar fee may be\\ncharged to the employer provided, however, that with regard to\\nplacements in class \"B\" employment, a fee of up to one and one-half\\ntimes the fee charged to the job applicant may be charged to the\\nemployer. By agreement with an employment agency, the employer may\\nvoluntarily assume payment of the job applicant's fee. The fees charged\\nto employers by any licensed person conducting an employment agency for\\nrendering services in connection with, or for providing employment in\\nclasses \"A\", \"A-1\" and \"B\", as hereinafter defined in subdivision four\\nof this section where the applicant is not charged a fee shall be\\ndetermined by agreement between the employer and the employment agency.\\nNo fee shall be charged or accepted for the registration of applicants\\nfor employees or employment.\\n 2. Size of fee; payment schedule. The gross fee charged to the job\\napplicant and the gross fee charged to the employer each shall not\\nexceed the amounts enumerated in the schedules set forth in this\\nsection, for any single employment or engagement, except as hereinabove\\nprovided; and such fees shall be subject to the provisions of section\\none hundred eighty-six of this article. Except as otherwise provided\\nherein, and except for class \"C\" employment, an employment agency shall\\nnot require an applicant while employed in the continental United\\nStates, and paid weekly to pay any fee at a rate greater than in ten\\nequal weekly installments each of which shall be payable at the end of\\neach of the first ten weeks of employment, or if paid less frequently,\\nin five equal installments, each of which shall be payable at the end of\\nthe first five pay periods following his employment, or within a period\\nof ten weeks, whichever period is longer. An employer's fee shall be due\\nand payable at the time the applicant begins employment, unless\\notherwise determined by agreement between the employer and the agency.\\n 3. Deposits, advance fees. An employment agency shall not require or\\naccept a deposit or advance fee from any applicant.\\n 4. Types of employment. For the purpose of placing a ceiling over the\\nfees charged by persons conducting employment agencies, types of\\nemployment shall be classified as follows:\\n Class \"A\"--domestics, household employees, unskilled or untrained\\nmanual workers and laborers, including agricultural workers;\\n Class \"A1\"--non-professional trained or skilled industrial workers or\\nmechanics;\\n Class \"B\"--commercial, clerical, executive, administrative and\\nprofessional employment, all employment outside the continental United\\nStates, and all other employment not included in classes \"A\", \"A1\", \"C\"\\nand \"D\";\\n Class \"C\"--theatrical engagements;\\n Class \"D\"--nursing engagements as defined in article one hundred\\nthirty-nine of the education law.\\n 5. Fee ceiling: For a placement in class \"A\" employment the gross fee,\\nincluding the deposit if any, shall not exceed, in percentage of the\\nfirst full month's salary or wages, the following:\\nwhere no meals or lodging are provided ............................ 10 %\\nwhere one meal per working day is provided ........................ 12 %\\nwhere two meals per working day are provided ...................... 14 %\\nwhere three meals and lodging per working day are\\nprovided .......................................................... 18 %\\nWhere all parties to the employment agreement understand or agree at the\\ntime the employment is entered into that it shall be for a period\\nshorter than one month, the gross fee shall not exceed ten per cent,\\ntwelve per cent, fourteen per cent or eighteen per cent respectively of\\nthe salary or wages actually paid.\\n 6. Fee ceiling: For a placement in Class \"A1\" employment the gross fee\\nshall not exceed one week's wages where all parties to the employment\\nagreement understand or agree at the time the employment is entered into\\nthat it shall be for a period for ten weeks or more. Where all parties\\nto the employment contract agree and understand at the time the\\nemployment contract is entered into that it shall be for a period\\nshorter than ten weeks, the gross fee shall not exceed ten per cent of\\nthe wages or salary actually received.\\n 7. Fee ceiling: For a placement in Class \"B\" employment the gross fee\\nshall not exceed, in percentage of the first full month's salary or\\nwages, the following:\\n where such first full month's salary or wages is\\nless than $750 .................................................... 25 %\\nat least $ 750 but less than $ 950 ................................ 35 %\\nat least $ 950 but less than $1150 ................................ 40 %\\nat least $1150 but less than $1350 ................................ 45 %\\nat least $1350 but less than $1500 ................................ 50 %\\nat least $1500 but less than $1650 ................................ 55 %\\nat least $1650 or more ............................................ 60 %\\nProvided however, that where the placement is for employment in which\\nthe applicant will be paid on a straight commission basis or on the\\nbasis of a drawing account plus commissions, the gross fee shall be\\nbased on percentages in the above schedule applied to an amount\\nequivalent to one-twelfth of the estimated first year's earnings, as\\nestimated by the employer.\\n Where all parties to the employment contract agree and understand at\\nthe time the employment contract is entered into that it shall be for a\\nperiod shorter than four months the gross fee shall not exceed fifty\\npercent of the fee prescribed in the schedule in this subdivision or ten\\npercent of the wages or salary actually received, whichever is less.\\n 8. Fee ceiling: For a placement in class \"C\" employment the gross fee\\nshall not exceed, for a single engagement, ten per cent of the\\ncompensation payable to the applicant, except that for employment or\\nengagements for orchestras and for employment or engagements in the\\nopera and concert fields such fees shall not exceed twenty per cent of\\nthe compensation.\\n 9. Fee ceiling: For a placement in class \"D\" employment the gross fee\\nshall not exceed, for a single engagement, the following:\\n (1) for private nursing duty, five per cent of the salary or wages\\nreceived each week through the first ten weeks of that engagement only,\\nand such fee shall be due and payable at the end of each such week;\\n (2) for any other nursing duty, the amount of the first week's salary\\nor wages unless the first year's computed salary or wages to be derived\\nfor at least one year's employment is twenty-five hundred dollars or\\nmore, in which event the gross fee shall not exceed, in percentage of\\nsuch salary or wages, the following:\\n where such first year's salary or wages is\\nat least $2500 but less than $3000 ............................. 2 1/2 %\\nat least $3000 but less than $3500 ............................. 3 %\\nat least $3500 but less than $4000 ............................. 3 1/2 %\\nat least $4000 but less than $4500 ............................. 4 %\\nat least $4500 but less than $5000 ............................. 4 1/2 %\\n$5000 or more .................................................. 5 %\\n 10. Notwithstanding any other provision of law to the contrary, no fee\\nmay be charged or collected for services rendered by an employment\\nagency not licensed pursuant to section one hundred seventy-two of this\\narticle at the time such services were rendered. In an action to collect\\na fee, the court shall void all or any part of an agreement or contract\\nwith an employment agency that did not have a valid license at the time\\nthe contract was entered into or services were rendered; however, such\\ncontract shall not be considered void if a court finds a good faith\\neffort by an employment agency to maintain its license despite clerical\\nerror or delay by the department of labor or the New York city\\ndepartment of consumer affairs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "185-A", "title" : "Domestic dayworkers who are transported to the place of employment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "185-A", "activeDate" : "2014-09-22", "sequenceNo" : 275, "repealedDate" : null, "fromSection" : "185-A", "toSection" : "185-A", "text" : " § 185-a. Domestic dayworkers who are transported to the place of\\nemployment. 1. Purposes. The lack of adequate local transportation in\\ncertain suburban and urban communities of the state has caused\\nemployment agencies to provide transportation to daily domestic workers,\\nto and from their places of employment. This service rendered by the\\nemployment agencies has resulted in assured and continued employment on\\na regular basis for domestic workers who do not wish to sleep-in and for\\ncontinuous and certain household employees for householders desiring day\\ndomestic workers only. This section is enacted to provide adequate\\ncompensation for such services, to encourage their continuation and to\\nestablish adequate regulations.\\n 2. Application. a. The provisions of this section, and the applicable\\nprovisions of other sections of this article, shall apply to an\\nemployment agency which makes placements of domestic workers in\\nhouseholds where the domestic employee is supplied with at least one\\nmeal, and where the agency transports the domestic worker to and from\\nthe employment agency or a location selected by the employment agency by\\na vehicle under the sole control and operation of the employment agency,\\nall at no charge to the domestic employee.\\n b. The term placement as used in this section means a single day's\\nemployment pursuant to the employment agreement.\\n 3. Responsibilities. a. Every employment agency making placements\\npursuant to the provisions of this section shall transport employees to\\nhouseholders in a vehicle under the sole control and operation of the\\nemployment agency. Such vehicle shall be operated in compliance with\\napplicable laws governing occupancy, insurance and safety.\\n b. Such agency shall be responsible for the transportation of the\\nemployee to the point of origination at the conclusion of the working\\nday. If the point of origination shall be other than the office of the\\nemployment agency or the home of the employee, notice thereof shall be\\ngiven to the commissioner for his approval prior to its utilization.\\n 4. Maximum fee. a. Notwithstanding any other provision of this\\narticle, the maximum fee that may be charged by such agency for a\\nplacement of this type of employment shall be charged to the employer\\nonly, and shall not exceed an amount based on the daily wage paid to the\\nemployee, the following:\\n Where such daily wage is\\nat least $11.00 but less than $12.00 ............................. $4.00\\nat least $12.00 but less than $13.00 ............................. $4.25\\nat least $13.00 but less than $14.00 ............................. $4.50\\nat least $14.00 but less than $15.00 ............................. $4.75\\nat least $15.00 but less than $16.00 ............................. $5.00\\nFor each additional dollar of daily wage beginning at $16.00, an\\nadditional fee of 25 cents may be charged; for each dollar of daily wage\\nless than $11.00 the fee shall be reduced by 25 cents. The value of\\nmeals shall not be included in determining the employee's wages.\\n b. No charge shall be made to either employee or householder for any\\ntransportation provided hereunder.\\n c. Notwithstanding any other provision of this article a written\\ncontract with either the domestic employee or employer shall not be\\nrequired in order for the agency to charge or collect a fee.\\n 5. Registers. Such agency shall enter in the same or separate\\nregisters approved by the commissioner, the following information,\\ninstead of the register entries prescribed in section one hundred\\nseventy-nine of this article.\\n (1) The name, address and date of first application for employment of\\neach domestic worker, and the name and address of at least one of the\\nformer employers or persons to whom such applicant is known;\\n 2. The name and address of every employer from whom a fee is received\\nor charged, the name of each domestic employee employed by the employer,\\nthe date of employment, the fee charged or received from the employer\\nand the rate of wages or salary agreed upon.\\n 6. Statement of job conditions. Each agency shall give each employee\\nand employer a statement of job conditions in a form approved by the\\ncommissioner. The statement to the employee shall fully and accurately\\ndescribe the nature and terms of employment, including wages, numbers of\\nhours of work, responsibility of the agency for transportation, and the\\nresponsibility of the employer for the payment of the fee and to provide\\nthe employee with one meal. The statement to the employer shall include\\nthe foregoing, and in addition the agency fee and the responsibility of\\nthe employer to provide the employee with one meal. Such statement as\\naforesaid shall be given prior to the first placement by the agency and\\nneed not be repeated unless changed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "186", "title" : "Return of fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06" ], "docLevelId" : "186", "activeDate" : "2017-01-06", "sequenceNo" : 276, "repealedDate" : null, "fromSection" : "186", "toSection" : "186", "text" : " § 186. Return of fees. 1. Excessive fee: Any employment agency which\\ncollects, receives or retains a fee or other payment contrary to or in\\nexcess of the provisions of this article, shall return the fee or the\\nexcess portion thereof within seven days after receiving a demand\\ntherefor.\\n 2. Failure to report: If a job applicant accepts employment and\\nthereafter fails to report for work, the gross fee charged to such\\napplicant shall not exceed twenty-five per cent of the maximum fee\\nallowed by section one hundred eighty-five of this article. If a job\\napplicant accepts employment and fails to report for work, no fee shall\\nbe charged to the employer.\\n 3. Termination without employee's fault. If a job applicant accepts\\nemployment and reports for work, and thereafter such employment is\\nterminated without fault of the employee, the gross fee charged to such\\nemployee and to the employer each shall not exceed ten percent of the\\nsalary or wages received by such employee, and in no event shall such\\nfee exceed the maximum fee allowed by section one hundred eighty-five of\\nthis article. However, if such employee is a domestic or household\\nemployee recruited from a state outside of this state the fee of the\\nemployer shall not exceed thirty-three and one-third percent of the\\nwages or salary actually earned.\\n 4. Termination under all other circumstances: If a job applicant\\naccepts employment and reports for work, and thereafter such employment\\nis terminated under any other circumstances, the gross fee charged to\\nsuch employee and the employer each shall not exceed fifty per cent of\\nthe salary or wages received by such employee, and in no event shall\\nsuch fee exceed the maximum fee allowed by section one hundred\\neighty-five of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "187", "title" : "Additional prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06" ], "docLevelId" : "187", "activeDate" : "2017-01-06", "sequenceNo" : 277, "repealedDate" : null, "fromSection" : "187", "toSection" : "187", "text" : " § 187. Additional prohibitions. An employment agency shall not engage\\nin any of the following activities or conduct:\\n (1) Induce or attempt to induce any employee to terminate his\\nemployment in order to obtain other employment through such agency,\\nprovided, however, that this provision shall not apply to an employee\\nnot placed in employment by the employment agency who is offered an\\nexecutive administrative or professional position where the first year's\\ncompensation is $12,000.00 or more or procure or attempt to procure the\\ndischarge of any person from his employment.\\n (2) Publish or cause to be published any false, fraudulent or\\nmisleading information, representation, promise, notice or\\nadvertisement.\\n (3) Advertise in newspapers or otherwise, or use letterheads or\\nreceipts or other written or printed matter, unless such advertising or\\nother matter contains the name and address of the employment agency, the\\nword \"agency\" and the agency's license number.\\n (4) Direct an applicant to an employer for the purpose of obtaining\\nemployment without having first obtained a bona fide order therefor;\\nhowever, a qualified applicant may be directed to an employer who has\\npreviously requested that he regularly be accorded interviews with\\napplicants of certain qualifications if a confirmation of the order is\\nsent to the employer. Likewise an employment agency may attempt to sell\\nthe services of an applicant to an employer from whom no job order has\\nbeen received as long as this fact is told to the applicant before he is\\ndirected to the employer. Any applicant who is referred to an employer\\ncontrary to the provisions of this subdivision without obtaining\\nemployment thereby, shall be reimbursed by the employment agency for all\\nordinary and necessary travel expenses incurred by the applicant as a\\nresult of such referral, within twenty-four hours of making a demand\\ntherefor.\\n (5) Send or cause to be sent any person to any employer where the\\nemployment agency knows, or reasonably should have known, that the\\nprospective employment is or would be in violation of state or federal\\nlaws governing minimum wages or child labor, or in violation of article\\nsixty-five of the education law relating to compulsory education or\\narticle four of the labor law, or, that a labor dispute is in progress,\\nwithout notifying the applicant of such fact, and delivering to him a\\nclear written statement that a labor dispute exists at the place of such\\nemployment, or make any referral to an employment or occupation\\nprohibited by law.\\n (6) Send or cause to be sent any person to any place which the\\nemployment agency knows or reasonably should have known is maintained\\nfor immoral or illicit purposes; nor knowingly permit persons of bad\\ncharacter, prostitutes, gamblers, procurers or intoxicated persons to\\nfrequent such agency.\\n (7) Compel any person to enter such agency for any purpose by the use\\nof force.\\n (8) Engage in any business on the premises of the employment agency\\nother than the business of operating an employment agency, except as\\nowner, manager, employee or agent, the business of furnishing services\\nto employers through the employment of temporary employees.\\n (9) Receive or accept any valuable thing or gift as a fee or in lieu\\nthereof, nor divide or share, either directly or indirectly, the fees\\nherein allowed, with contractors, subcontractors, employers or their\\nagents, foremen or any one in their employ, or if the contractors,\\nsubcontractors or employers be a corporation, any of the officers,\\ndirectors or employees of the same to whom applicants for employment are\\nsent.\\n (10) Require applicants for employees or employment to subscribe to\\nany publication or incidental service or contribute to the cost of\\nadvertising.\\n (11) Make or cause to be made or use any name, sign or advertising\\ndevice bearing a name which may be similar to or may reasonably be\\nconfused with the name of a federal, state, city, county or other\\ngovernment agency.\\n (12) Refuse to return on demand of an applicant any baggage or\\npersonal property belonging to such applicant.\\n (13) Charge an applicant any fee for a placement in a job which the\\nagency advertised or represented to the job applicant to be a fee-paid\\njob.\\n (14) Refer an applicant to a specified bank or credit organization for\\npurposes of obtaining a loan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "188", "title" : "Copies of law to be posted", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06" ], "docLevelId" : "188", "activeDate" : "2017-01-06", "sequenceNo" : 278, "repealedDate" : null, "fromSection" : "188", "toSection" : "188", "text" : " § 188. Copies of law to be posted. 1. Every licensed person shall post\\nin a conspicuous place in the main room of such agency sections one\\nhundred seventy-eight, one hundred eighty-one, one hundred eighty-five,\\nand one hundred eighty-six, of this article. Such poster shall also\\ncontain the name and address of the commissioner charged with the\\nenforcement of this article in the place where the agency is located.\\n 2. The commissioner, in conjunction with the director of the office\\nfor new Americans, shall develop, establish and implement a public\\nawareness campaign regarding the rights of job seekers. Such public\\nawareness campaign shall be made available to the public by any means\\ndeemed appropriate by the commissioner and the director of the office\\nfor new Americans. Any materials developed and disseminated to job\\nseekers according to this subdivision must also be distributed to\\nlicensed employment agencies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "189", "title" : "Enforcement of provisions of this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06", "2017-03-17" ], "docLevelId" : "189", "activeDate" : "2017-03-17", "sequenceNo" : 279, "repealedDate" : null, "fromSection" : "189", "toSection" : "189", "text" : " § 189. Enforcement of provisions of this article. 1. This article,\\narticle nineteen-B of the labor law and sections 37.01, 37.03 and 37.05\\nof the arts and cultural affairs law shall be enforced by the\\ncommissioner of labor, except that in the city of New York this article\\nand such sections shall be enforced by the commissioner of consumer\\naffairs of such city. In addition to the powers of the commissioner, the\\nattorney general may enforce the provisions of this article to the\\nextent permitted under section sixty-three of the executive law.\\n 2. To effectuate the purposes of this article, article nineteen-B of\\nthe labor law and sections 37.01, 37.03 and 37.05 of the arts and\\ncultural affairs law, the commissioner or any duly authorized agent or\\ninspector designated by such commissioner, shall have authority to\\ninspect the premises, registers, contract forms, completed contracts,\\nstatements of terms and conditions, receipt books, application forms,\\nreferral forms, reference forms, reference reports and financial records\\nof fees charged and refunds made of each employment agency, and any\\nother record that the employment agency is required to maintain pursuant\\nto this article, which are essential to the operation of such agency,\\nand of each applicant for an employment agency license, as frequently as\\nnecessary to ensure compliance with this article and such sections. In\\nno event shall any employment agency be inspected less frequently than\\nonce every eighteen months. Inspections may consist of in-person visits\\nto employment agencies or the review of records as described in this\\nsubdivision or both. The commissioner shall also have authority to\\nsubpoena records and witnesses or otherwise to conduct investigations of\\nany employer or other person where he or she has reasonable grounds for\\nbelieving that such employer or person is violating or has conspired or\\nis conspiring with an employment agency to violate this article or such\\nsections.\\n 3. To effectuate the purposes of this article, the commissioner may\\nmake reasonable administrative rules within the standards set in this\\narticle. Before such rules shall be issued, the commissioner shall\\nconduct a public hearing, giving due notice thereof to all interested\\nparties. No rule shall become effective until fifteen days after it has\\nbeen filed in the office of the department of state, if it is a rule of\\nthe industrial commissioner, or in the office of the clerk of the city\\nof New York, if it is a rule of the commissioner of licenses of such\\ncity, and copies thereof shall be furnished to all employment agencies\\naffected at least fifteen days prior to the effective date of such rule.\\n 4. Complaints against any such licensed or unlicensed person may be\\nmade orally or in writing to the commissioner, or be sent in an\\naffidavit form without appearing in person, and may be made by\\nrecognized employment agencies, trade associations, or others. The\\ncommissioner may hold a hearing on a complaint with the powers provided\\nby section one hundred seventy-four of this article. If a hearing is\\nheld, reasonable notice thereof, not less than five days, shall be given\\nin writing to said person by serving upon the person either personally,\\nby mail, or by leaving the same with the person in charge of his office,\\na concise statement of the facts constituting the complaint, and the\\nhearing shall commence before the commissioner with reasonable speed but\\nin no event later than two weeks from the date of the filing of the\\ncomplaint. The commissioner when investigating any matters pertaining to\\nthe granting, issuing, transferring, renewing, revoking, suspending or\\ncancelling of any license is authorized in his discretion to take such\\ntestimony as may be necessary on which to base official action. When\\ntaking such testimony he may subpoena witnesses and also direct the\\nproduction before him of necessary and material books and papers. A\\ndaily calendar of all hearings shall be kept by the commissioner and\\nshall be posted in a conspicuous place in his public office for at least\\none day before the date of such hearings. The commissioner shall render\\nhis decision within thirty days from the time the matter is finally\\nsubmitted to him. The commissioner shall keep a record of all such\\ncomplaints and hearings. The office of new Americans shall, pursuant to\\nsection ninety-four-b of the executive law, receive complaints and where\\nappropriate refer such complaints to the attorney general or other\\nfederal, state or local agency authorized by law to take action on such\\ncomplaint.\\n 5. Upon a finding that the licensed person or his agent, employee or\\nanyone acting on his behalf is guilty of violating any provision of this\\narticle or is not a person of good character and responsibility, the\\ncommissioner may suspend or revoke the license of such licensed person.\\nAny employment agency found to have violated any provision of this\\narticle shall be subject, for the first offense, to a civil penalty not\\nto exceed one thousand dollars per violation, and, for each subsequent\\noffense within six years of such previous offense, to a civil penalty,\\nnot to exceed five thousand dollars per violation. Upon notice of\\nviolation of this article or when it is determined that there has been a\\nviolation of this article by an employment agency, the commissioner may\\nprovide the employment agency with a specific time period for such\\nemployment agency to cure or correct such violation or take other\\nameliorative action as directed by the commissioner, the successful\\ncompletion of which shall prevent the imposition of penalties on the\\nemployment agency for such violation. Whenever such commissioner shall\\nsuspend or revoke the license of any employment agency, or shall levy a\\nfine against any agency, said determination shall be subject to judicial\\nreview in proceedings brought pursuant to article seventy-eight of the\\ncivil practice law and rules. Whenever an employment agency's license is\\nrevoked, another license or agency manager permit shall not be issued\\nwithin three years from the date of such revocation to said licensed\\nperson or his agency manager or to any person with whom the licensee has\\nbeen associated in the business of furnishing employment or engagements.\\nDeputy commissioners, or other officials designated to act on behalf of\\nthe commissioner, may conduct hearings and act upon applications for\\nlicenses, and revoke or suspend such licenses, or levy fines against an\\nemployment agency.\\n 6. If any provisions of this article or the application thereof to any\\nperson or circumstances is held unconstitutional, the remainder of the\\narticle and the application of that provision to other persons and\\ncircumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "190", "title" : "Penalties for violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-06" ], "docLevelId" : "190", "activeDate" : "2017-01-06", "sequenceNo" : 280, "repealedDate" : null, "fromSection" : "190", "toSection" : "190", "text" : " § 190. Penalties for violations. Any person who violates and the\\nofficers of a corporation and stockholders holding ten percent or more\\nof the stock of a corporation which is not publicly traded, who\\nknowingly permit the corporation to violate sections one hundred\\nseventy-two, one hundred seventy-three, one hundred seventy-six, one\\nhundred eighty-four, one hundred eighty-four-a, one hundred eighty-five,\\none hundred eighty-five-a, one hundred eighty-six, or one hundred\\neighty-seven of this article shall be guilty of a misdemeanor and upon\\nconviction shall be subject to a fine not to exceed two thousand five\\nhundred dollars per violation, or imprisonment for not more than one\\nyear, or both, by any court of competent jurisdiction. The violation of\\nany other provision of this article shall be punishable by a fine not to\\nexceed five hundred dollars or imprisonment for not more than thirty\\ndays. Criminal proceedings based upon violations of these sections shall\\nbe instituted by the commissioner and may be instituted by any persons\\naggrieved by such violations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "191", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "191", "activeDate" : "2014-09-22", "sequenceNo" : 281, "repealedDate" : null, "fromSection" : "191", "toSection" : "191", "text" : " § 191. Definition. Whenever used in this article: \"employer fee paid\\nemployment agency\" means any person who on behalf of employers procures\\nor attempts to procure employees for \"Class B\" employment (as defined in\\nsection one hundred eighty-five of this article) and who in no instance\\ncharges a fee directly, or indirectly, to persons seeking such\\nemployment even though a fee may be charged to employers seeking the\\nservices of such employees, and who engages in no activity constituting\\nthe operation of an employment agency as defined in section one hundred\\nseventy-one of this chapter and who in no instance enters into any\\narrangement through which the employer fee paid employment agency\\nreceives remuneration or any other thing of value from any person, firm\\nor corporation which collects fees from applicants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "192", "title" : "Prohibited activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "192", "activeDate" : "2014-09-22", "sequenceNo" : 282, "repealedDate" : null, "fromSection" : "192", "toSection" : "192", "text" : " § 192. Prohibited activities. An employer fee paid employment agency\\nshall not engage in any of the following activities or conduct:\\n 1. Direct an applicant to an employer for the purpose of obtaining\\nemployment without having first obtained a bona fide order therefor;\\nhowever, a qualified applicant may be directed to an employer who has\\npreviously requested that it regularly be accorded interviews with\\napplicants of certain qualifications if a confirmation of the order is\\nsent to the employer. Likewise an agency may attempt to sell the\\nservices of an applicant to an employer from which no job order has been\\nreceived as long as this fact is told the applicant before the applicant\\nis directed to the employer. Any applicant who is referred to an\\nemployer contrary to the provisions of this subdivision without\\nobtaining employment thereby, shall be reimbursed by the agency for all\\nordinary and necessary travel expenses incurred by the applicant as a\\nresult of such referral, within twenty-four hours of making a demand\\ntherefor.\\n 2. Send or cause to be sent any person to any employer where the\\nagency knows, or reasonably should have known, that the prospective\\nemployment is or would be in violation of state or federal laws\\ngoverning minimum wages or child labor, or in violation of article\\nsixty-five of the education law relating to compulsory education or\\narticle four of the labor law, or, that a labor dispute is in progress,\\nwithout notifying the applicant of such fact, and delivering to him or\\nher a clear written statement that a labor dispute exists at the place\\nof such employment, or make any referral to an employment or occupation\\nprohibited by law.\\n 3. Require applicants for employment to subscribe to any publication\\nor incidental service or contribute to the cost of advertising.\\n 4. Make or cause to be made or use any name, sign or advertising\\ndevice bearing a name which may be similar to or may reasonably be\\nconfused with the name of a federal, state, city, county or other\\ngovernment agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "193", "title" : "Penalties for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "193", "activeDate" : "2014-09-22", "sequenceNo" : 283, "repealedDate" : null, "fromSection" : "193", "toSection" : "193", "text" : " § 193. Penalties for violation. Any person violating the provisions of\\nsection one hundred ninety-two of this article shall be guilty of a\\nclass A misdemeanor and shall be subject to a fine not to exceed one\\nthousand dollars or imprisonment for not more than one year or both.\\n Criminal proceedings based upon violations may be instituted by the\\ncommissioner or may be instituted by any person aggrieved by such\\nviolation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "194", "title" : "Employment agency fees; reimbursement from employee to employer prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "194", "activeDate" : "2014-09-22", "sequenceNo" : 284, "repealedDate" : null, "fromSection" : "194", "toSection" : "194", "text" : " § 194. Employment agency fees; reimbursement from employee to employer\\nprohibited. 1. As used in this section:\\n (a) \"Commissioner\" means the commissioner of labor.\\n (b) \"Employer\" means an individual, partnership, association,\\ncorporation, legal representative, trustee, receiver, trustee in\\nbankruptcy or common carrier by rail, motor, water, air or express\\ncompany doing business or operating within the state. The term\\n\"employer\" shall not include a governmental agency.\\n (c) \"Employee\" means any person employed for hire by any employer in\\nany employment.\\n 2. No employer or its agent shall require, request, suggest or\\nknowingly permit any employee of such employer to reimburse the employer\\nfor the cost of a fee paid by the employer to an employment agency or to\\nan employer fee paid employment agency or to make any other payment on\\naccount of the employee's termination or resignation from employment.\\n 3. (a) If the commissioner determines that an employer or its agent\\nhas violated a provision of this section, the commissioner shall issue\\nto the employer an order which shall describe the alleged violation. In\\naddition to directing reimbursement to the employee and requiring the\\nfurther payment to the employee of a sum in the amount equal to payment\\nrequested or received from that employee, such order may direct payment\\nto the commissioner for deposit in the treasury of the state of a\\nfurther sum as a civil penalty not to exceed five hundred dollars.\\n (b) Any order issued under paragraph (a) of this subdivision shall be\\ndeemed a final order of the commissioner and not subject to review by\\nany court or agency unless within thirty days following service of the\\norder the employer files a petition with the industrial board of appeals\\nfor a review of the order.\\n (c) Provided that no proceeding for administrative or judicial review\\npursuant to this chapter shall then be pending and that the time for\\ninitiation of such proceeding shall have expired, the commissioner may\\nfile with the county clerk of the county where the employer resides or\\nhas a place of business the order of the commissioner, or the decision\\nof the industrial board of appeals containing the amount found to be due\\nincluding the civil penalty, if any. The filing of such order or\\ndecision shall have the full force and effect of a judgment duly\\ndocketed in the office of such clerk. The order or decision may be\\nenforced by and in the name of the commissioner in the same manner, and\\nwith like effect as that prescribed by the civil practice law and rules\\nfor the enforcment of a money judgment.\\n (d) The civil penalty provided for in this section shall be in\\naddition to and may be imposed with any other remedy or penalty provided\\nfor in this chapter.\\n 4. No agreement by an employee or prospective employee to reimburse an\\nemployer for the cost of a fee of an employment agency or an employer\\nfee paid employment agency or to become liable to the employer for any\\npayment on account of the employee's termination or resignation from\\nemployment shall be enforceable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A11-A", "title" : "Motor Vehicle Manufacturers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11-A", "activeDate" : "2014-09-22", "sequenceNo" : 285, "repealedDate" : null, "fromSection" : "198-A", "toSection" : "199", "text" : " ARTICLE 11-A\\n MOTOR VEHICLE MANUFACTURERS\\nSection 198-a. Warranties.\\n 198-b. Sale or lease of used motor vehicles.\\n 198-c. Automobile trade-in protection.\\n 199. Penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "198-A", "title" : "Warranties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "198-A", "activeDate" : "2014-09-22", "sequenceNo" : 286, "repealedDate" : null, "fromSection" : "198-A", "toSection" : "198-A", "text" : " § 198-a. Warranties. (a) As used in this section:\\n (1) \"Consumer\" means the purchaser, lessee or transferee, other than\\nfor purposes of resale, of a motor vehicle which is used primarily for\\npersonal, family or household purposes and any other person entitled by\\nthe terms of the manufacturer's warranty to enforce the obligations of\\nsuch warranty;\\n (2) \"Motor vehicle\" means a motor vehicle excluding off-road vehicles,\\nwhich was subject to a manufacturer's express warranty at the time of\\noriginal delivery and either (i) was purchased, leased or transferred in\\nthis state within either the first eighteen thousand miles of operation\\nor two years from the date of original delivery, whichever is earlier,\\nor (ii) is registered in this state;\\n (3) \"Manufacturer's express warranty\" or \"warranty\" means the written\\nwarranty, so labeled, of the manufacturer of a new motor vehicle,\\nincluding any terms or conditions precedent to the enforcement of\\nobligations under that warranty.\\n (4) \"Mileage deduction formula\" means the mileage which is in excess\\nof twelve thousand miles times the purchase price, or the lease price if\\napplicable, of the vehicle divided by one hundred thousand miles.\\n (5) \"Lessee\" means any consumer who leases a motor vehicle pursuant to\\na written lease agreement which provides that the lessee is responsible\\nfor repairs to such motor vehicle.\\n (6) \"Lease price\" means the aggregate of:\\n (i) the lessor's actual purchase cost;\\n (ii) the freight cost, if applicable;\\n (iii) the cost for accessories, if applicable;\\n (iv) any fee paid to another to obtain the lease; and\\n (v) an amount equal to five percent of the lessor's actual purchase\\ncost as prescribed in subparagraph (i) of this paragraph.\\n (7) \"Service fees\" means the portion of a lease payment attributable\\nto:\\n (i) an amount for earned interest calculated on the rental payments\\npreviously paid to the lessor for the leased vehicle at an annual rate\\nequal to two points above the prime rate in effect on the date of the\\nexecution of the lease; and\\n (ii) any insurance or other costs expended by the lessor for the\\nbenefit of the lessee.\\n (8) \"Capitalized cost\" means the aggregate deposit and rental payments\\npreviously paid to the lessor for the leased vehicle less service fees.\\n (b) (1) If a new motor vehicle which is sold and registered in this\\nstate does not conform to all express warranties during the first\\neighteen thousand miles of operation or during the period of two years\\nfollowing the date of original delivery of the motor vehicle to such\\nconsumer, whichever is the earlier date, the consumer shall during such\\nperiod report the nonconformity, defect or condition to the\\nmanufacturer, its agent or its authorized dealer. If the notification is\\nreceived by the manufacturer's agent or authorized dealer, the agent or\\ndealer shall within seven days forward written notice thereof to the\\nmanufacturer by certified mail, return receipt requested, and shall\\ninclude in such notice a statement indicating whether or not such\\nrepairs have been undertaken. The manufacturer, its agent or its\\nauthorized dealer shall correct said nonconformity, defect or condition\\nat no charge to the consumer, notwithstanding the fact that such repairs\\nare made after the expiration of such period of operation or such two\\nyear period.\\n (2) If a manufacturer's agent or authorized dealer refuses to\\nundertake repairs within seven days of receipt of the notice by a\\nconsumer of a nonconformity, defect or condition pursuant to paragraph\\none of this subdivision, the consumer may immediately forward written\\nnotice of such refusal to the manufacturer by certified mail, return\\nreceipt requested. The manufacturer or its authorized agent shall have\\ntwenty days from receipt of such notice of refusal to commence such\\nrepairs. If within such twenty day period, the manufacturer or its\\nauthorized agent fails to commence such repairs, the manufacturer, at\\nthe option of the consumer, shall replace the motor vehicle with a\\ncomparable motor vehicle, or accept return of the vehicle from the\\nconsumer and refund to the consumer the full purchase price or, if\\napplicable, the lease price and any trade-in allowance plus fees and\\ncharges. Such fees and charges shall include but not be limited to all\\nlicense fees, registration fees and any similar governmental charges,\\nless an allowance for the consumer's use of the vehicle in excess of the\\nfirst twelve thousand miles of operation pursuant to the mileage\\ndeduction formula defined in paragraph four of subdivision (a) of this\\nsection, and a reasonable allowance for any damage not attributable to\\nnormal wear or improvements.\\n (c) (1) If, within the period specified in subdivision (b) of this\\nsection, the manufacturer or its agents or authorized dealers are unable\\nto repair or correct any defect or condition which substantially impairs\\nthe value of the motor vehicle to the consumer after a reasonable number\\nof attempts, the manufacturer, at the option of the consumer, shall\\nreplace the motor vehicle with a comparable motor vehicle, or accept\\nreturn of the vehicle from the consumer and refund to the consumer the\\nfull purchase price or, if applicable, the lease price and any trade-in\\nallowance plus fees and charges. Any return of a motor vehicle may, at\\nthe option of the consumer, be made to the dealer or other authorized\\nagent of the manufacturer who sold such vehicle to the consumer or to\\nthe dealer or other authorized agent who attempted to repair or correct\\nthe defect or condition which necessitated the return and shall not be\\nsubject to any further shipping charges. Such fees and charges shall\\ninclude but not be limited to all license fees, registration fees and\\nany similar governmental charges, less an allowance for the consumer's\\nuse of the vehicle in excess of the first twelve thousand miles of\\noperation pursuant to the mileage deduction formula defined in paragraph\\nfour of subdivision (a) of this section, and a reasonable allowance for\\nany damage not attributable to normal wear or improvements.\\n (2) A manufacturer which accepts return of the motor vehicle because\\nthe motor vehicle does not conform to its warranty shall notify the\\ncommissioner of the department of motor vehicles that the motor vehicle\\nwas returned to the manufacturer for nonconformity to its warranty and\\nshall disclose, in accordance with the provisions of section four\\nhundred seventeen-a of the vehicle and traffic law prior to resale\\neither at wholesale or retail, that it was previously returned to the\\nmanufacturer for nonconformity to its warranty. Refunds shall be made to\\nthe consumer and lienholder, if any, as their interests may appear on\\nthe records of ownership kept by the department of motor vehicles.\\nRefunds shall be accompanied by the proper application for credit or\\nrefund of state and local sales taxes as published by the department of\\ntaxation and finance and by a notice that the sales tax paid on the\\npurchase price, lease price or portion thereof being refunded is\\nrefundable by the commissioner of taxation and finance in accordance\\nwith the provisions of subdivision (f) of section eleven hundred\\nthirty-nine of the tax law. If applicable, refunds shall be made to the\\nlessor and lessee as their interests may appear on the records of\\nownership kept by the department of motor vehicles, as follows: the\\nlessee shall receive the capitalized cost and the lessor shall receive\\nthe lease price less the aggregate deposit and rental payments\\npreviously paid to the lessor for the leased vehicle. The terms of the\\nlease shall be deemed terminated contemporaneously with the date of the\\narbitrator's decision and award and no penalty for early termination\\nshall be assessed as a result thereof. Refunds shall be accompanied by\\nthe proper application form for credit or refund of state and local\\nsales tax as published by the department of taxation and finance and a\\nnotice that the sales tax paid on the lease price or portion thereof\\nbeing refunded is refundable by the commissioner of taxation and finance\\nin accordance with the provisions of subdivision (f) of section eleven\\nhundred thirty-nine of the tax law.\\n (3) It shall be an affirmative defense to any claim under this section\\nthat:\\n (i) the nonconformity, defect or condition does not substantially\\nimpair such value; or\\n (ii) the nonconformity, defect or condition is the result of abuse,\\nneglect or unauthorized modifications or alterations of the motor\\nvehicle.\\n (d) It shall be presumed that a reasonable number of attempts have\\nbeen undertaken to conform a motor vehicle to the applicable express\\nwarranties, if:\\n (1) the same nonconformity, defect or condition has been subject to\\nrepair four or more times by the manufacturer or its agents or\\nauthorized dealers within the first eighteen thousand miles of operation\\nor during the period of two years following the date of original\\ndelivery of the motor vehicle to a consumer, whichever is the earlier\\ndate, but such nonconformity, defect or condition continues to exist; or\\n (2) the vehicle is out of service by reason of repair of one or more\\nnonconformities, defects or conditions for a cumulative total of thirty\\nor more calendar days during either period, whichever is the earlier\\ndate.\\n (e) The term of an express warranty, the two year warranty period and\\nthe thirty day out of service period shall be extended by any time\\nduring which repair services are not available to the consumer because\\nof a war, invasion or strike, fire, flood or other natural disaster.\\n (f) Nothing in this section shall in any way limit the rights or\\nremedies which are otherwise available to a consumer under any other\\nlaw.\\n (g) If a manufacturer has established an informal dispute settlement\\nmechanism, such mechanism shall comply in all respects with the\\nprovisions of this section and the provisions of subdivision (c) of this\\nsection concerning refunds or replacement shall not apply to any\\nconsumer who has not first resorted to such mechanism. In the event that\\nan arbitrator in such an informal dispute mechanism awards a refund or\\nreplacement vehicle, he or she shall not reduce the award to an amount\\nless than the full purchase price or the lease price, if applicable, or\\na vehicle of equal value, plus all fees and charges except to the extent\\nsuch reductions are specifically permitted under subdivision (c) of this\\nsection.\\n (h) A manufacturer shall have up to thirty days from the date the\\nconsumer notifies the manufacturer of his or her acceptance of the\\narbitrator's decision to comply with the terms of that decision. Failure\\nto comply with the thirty day limitation shall also entitle the consumer\\nto recover a fee of twenty-five dollars for each business day of\\nnoncompliance up to five hundred dollars. Provided, however, that\\nnothing contained in this subdivision shall impose any liability on a\\nmanufacturer where a delay beyond the thirty day period is attributable\\nto a consumer who has requested a replacement vehicle built to order or\\nwith options that are not comparable to the vehicle being replaced or\\notherwise made compliance impossible within said period. In no event\\nshall a consumer who has resorted to an informal dispute settlement\\nmechanism be precluded from seeking the rights or remedies available by\\nlaw.\\n (i) Any agreement entered into by a consumer for the purchase of a new\\nmotor vehicle which waives, limits or disclaims the rights set forth in\\nthis section shall be void as contrary to public policy. Said rights\\nshall inure to a subsequent transferee of such motor vehicle.\\n Any provision of any agreement entered into by a consumer for the\\npurchase of a new motor vehicle which includes as an additional cost for\\nsuch motor vehicle an expense identified as being for the purpose of\\naffording such consumer his or her rights under this section, shall be\\nvoid as contrary to public policy.\\n (j) Any action brought pursuant to this section shall be commenced\\nwithin four years of the date of original delivery of the motor vehicle\\nto the consumer.\\n (k) Each consumer shall have the option of submitting any dispute\\narising under this section upon the payment of a prescribed filing fee\\nto an alternate arbitration mechanism established pursuant to\\nregulations promulgated hereunder by the New York state attorney\\ngeneral. Upon application of the consumer and payment of the filing fee,\\nall manufacturers shall submit to such alternate arbitration.\\n Such alternate arbitration shall be conducted by a professional\\narbitrator or arbitration firm appointed by and under regulations\\nestablished by the New York state attorney general. Such mechanism shall\\ninsure the personal objectivity of its arbitrators and the right of each\\nparty to present its case, to be in attendance during any presentation\\nmade by the other party and to rebut or refute such presentation. In all\\nother respects, such alternate arbitration mechanism shall be governed\\nby article seventy-five of the civil practice law and rules; provided,\\nhowever, that notwithstanding paragraph (i) of subdivision (a) of\\nsection seventy-five hundred two of the civil practice law and rules,\\nspecial proceedings brought before a court pursuant to such article\\nseventy-five in relation to an arbitration hereunder shall be brought\\nonly in the county where the consumer resides or where the arbitration\\nwas held or is pending.\\n (l) A court may award reasonable attorney's fees to a prevailing\\nplaintiff or to a consumer who prevails in any judicial action or\\nproceeding arising out of an arbitration proceeding held pursuant to\\nsubdivision (k) of this section. In the event a prevailing plaintiff is\\nrequired to retain the services of an attorney to enforce collection of\\nan award granted pursuant to this section, the court may assess against\\nthe manufacturer reasonable attorney's fees for services rendered to\\nenforce collection of said award.\\n (m) (1) Each manufacturer shall require that each informal dispute\\nsettlement mechanism used by it provide, at a minimum, the following:\\n (i) that the arbitrators participating in such mechanism are trained\\nin arbitration and familiar with the provisions of this section, that\\nthe arbitrators and consumers who request arbitration are provided with\\na written copy of the provisions of this section, together with the\\nnotice set forth below entitled \"NEW CAR LEMON LAW BILL OF RIGHTS\", and\\nthat consumers, upon request, are given an opportunity to make an oral\\npresentation to the arbitrator;\\n (ii) that the rights and procedures used in the mechanism comply with\\nfederal regulations promulgated by the federal trade commission relating\\nto informal dispute settlement mechanisms; and\\n (iii) that the remedies set forth under subdivision (c) of this\\nsection are awarded if, after a reasonable number of attempts have been\\nundertaken under subdivision (d) of this section to conform the vehicle\\nto the express warranties, the defect or nonconformity still exists.\\n (2) The following notice shall be provided to consumers and\\narbitrators and shall be printed in conspicuous ten point bold face\\ntype:\\n NEW CAR LEMON LAW BILL OF RIGHTS\\n (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR\\nNEW CAR, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED\\nAGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS,\\nWHICHEVER COMES FIRST.\\n (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR\\nAUTHORIZED DEALER.\\n (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.\\n (4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE\\nATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR A PROBLEM FOR A\\nTOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER\\nOR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN\\nTWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY\\nCERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO\\nEITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE\\nAND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS\\nBEEN DRIVEN MORE THAN 12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS\\nMAY APPLY TO MOTOR HOMES.\\n (5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY\\nABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.\\n (6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND\\nYOUR PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE\\nVALUE OF YOUR CAR.\\n (7) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE\\nMANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR\\nPURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.\\n (8) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU\\nMAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S\\nFEES IF YOU PREVAIL.\\n (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.\\n (10) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE\\nTHROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO\\nAN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY\\nHAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER\\nOFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR\\nINDEPENDENT ARBITRATION.\\n (3) All informal dispute settlement mechanisms shall maintain the\\nfollowing records:\\n (i) the number of purchase price and lease price refunds and vehicle\\nreplacements requested, the number of each awarded in arbitration, the\\namount of each award and the number of awards that were complied with in\\na timely manner;\\n (ii) the number of awards where additional repairs or a warranty\\nextension was the most prominent remedy, the amount or value of each\\naward, and the number of such awards that were complied with in a timely\\nmanner;\\n (iii) the number and total dollar amount of awards where some form of\\nreimbursement for expenses or compensation for losses was the most\\nprominent remedy, the amount or value of each award and the number of\\nsuch awards that were complied with in a timely manner; and\\n (iv) the average number of days from the date of a consumer's initial\\nrequest to arbitrate until the date of the final arbitrator's decision\\nand the average number of days from the date of the final arbitrator's\\ndecision to the date on which performance was satisfactorily carried\\nout.\\n (n) Special provisions applicable to motor homes:\\n (1) To the extent that the provisions of this subdivision are\\ninconsistent with the other provisions of this section, the provisions\\nof this subdivision shall apply.\\n (2) For purposes of this section, the manufacturer of a motor home is\\nany person, partnership, corporation, factory branch, or other entity\\nengaged in the business of manufacturing or assembling new motor homes\\nfor sale in this state.\\n (3) This section does not apply to the living facilities of motor\\nhomes, which are the portions thereof designed, used or maintained\\nprimarily as living quarters and shall include, but not be limited to\\nthe flooring, plumbing system and fixtures, roof air conditioner,\\nfurnace, generator, electrical systems other than automotive circuits,\\nthe side entrance door, exterior compartments, and windows other than\\nthe windshield and driver and front passenger windows.\\n (4) If, within the first eighteen thousand miles of operation or\\nduring the period of two years following the date of original delivery\\nof the motor vehicle to such consumer, whichever is the earlier date,\\nthe manufacturer of a motor home or its agents or its authorized dealers\\nor repair shops to which they refer a consumer are unable to repair or\\ncorrect any covered defect or condition which substantially impairs the\\nvalue of the motor home to the consumer after a reasonable number of\\nattempts, the motor home manufacturer, at the option of the consumer,\\nshall replace the motor home with a comparable motor home, or accept\\nreturn of the motor home from the consumer and refund to the consumer\\nthe full purchase price or, if applicable, the lease price and any\\ntrade-in allowance plus fees and charges as well as the other fees and\\ncharges set forth in paragraph one of subdivision (c) of this section.\\n (5) If an agent or authorized dealer of a motor home manufacturer or a\\nrepair shop to which they refer a consumer refuses to undertake repairs\\nwithin seven days of receipt of notice by a consumer of a nonconformity,\\ndefect or condition within the first eighteen thousand miles of\\noperation or during the period of two years following the date of\\noriginal delivery of the motor home to such consumer, whichever is the\\nearlier date, the consumer may immediately forward written notice of\\nsuch refusal to the motor home manufacturer by certified mail, return\\nreceipt requested. The motor home manufacturer or its authorized agent\\nor a repair shop to which they refer a consumer shall have twenty days\\nfrom receipt of such notice of refusal to commence such repairs. If\\nwithin such twenty day period, the motor home manufacturer or its\\nauthorized agent or repair shop to which they refer a consumer, fails to\\ncommence such repairs, the motor home manufacturer, at the option of the\\nconsumer, shall replace the motor home with a comparable motor home, or\\naccept return of the motor home from the consumer and refund to the\\nconsumer the full purchase price or, if applicable, the lease price, and\\nany trade-in allowance or other charges, fees, or allowances. Such fees\\nand charges shall include but not be limited to all license fees,\\nregistration fees, and any similar governmental charges, less an\\nallowance for the consumer's use of the vehicle in excess of the first\\ntwelve thousand miles of operation pursuant to the mileage deduction\\nformula defined in paragraph four of subdivision (a) of this section,\\nand a reasonable allowance for any damage not attributable to normal\\nwear or improvements.\\n (6) If within the first eighteen thousand miles of operation or during\\nthe period of two years following the date of original delivery of the\\nmotor home to such consumer, whichever is the earlier date, the same\\ncovered nonconformity, defect or condition in a motor home has been\\nsubject to repair two times or a motor home has been out of service by\\nreason of repair for twenty-one days, whichever occurs first, the\\nconsumer must have reported this to the motor home manufacturer or its\\nauthorized dealer by certified mail, return receipt requested, and may\\ninstitute any proceeding or other action pursuant to this section if the\\nmotor home has been out of service by reason of three repair attempts or\\nfor at least thirty days. The special notification requirements of this\\nparagraph shall only apply if the manufacturer or its authorized dealer\\nprovides a prior written copy of the requirements of this paragraph to\\nthe consumer and receipt of the notice is acknowledged by the consumer\\nin writing. If the consumer who has received notice from the\\nmanufacturer fails to comply with the special notification requirements\\nof this paragraph, additional repair attempts or days out of service by\\nreason of repair shall not be taken into account in determining whether\\nthe consumer is entitled to a remedy provided in paragraph four of this\\nsubdivision. However, additional repair attempts or days out of service\\nby reason of repair that occur after the consumer complies with such\\nspecial notification requirements shall be taken into account in making\\nthat determination. It shall not count as a repair attempt if the repair\\nfacility is not authorized by the applicable motor home manufacturer to\\nperform warranty work on the identified nonconformity. It shall count as\\nonly one repair attempt for a motor home if the same nonconformity is\\nbeing addressed a second time due to the consumer's decision to continue\\ntraveling and to seek the repair of the same nonconformity at another\\nrepair facility rather than wait for the initial repair to be completed.\\n (7) Nothing in this section shall in any way limit any rights,\\nremedies or causes of action that a consumer or motor home manufacturer\\nmay otherwise have against the manufacturer of the motor home's chassis,\\nor its propulsion and other components.\\n (8) (A) Each manufacturer shall require that each informal dispute\\nsettlement mechanism used by it provide, at a minimum, the following:\\n (i) that the arbitrators participating in such mechanism are trained\\nin arbitration and familiar with the provisions of this section, that\\nthe arbitrators and consumers who request arbitration are provided with\\na written copy of the provisions of this section, together with the\\nnotice set forth below entitled \"NEW MOTOR HOME LEMON LAW BILL OF\\nRIGHTS\", and that consumers, upon request, are given an opportunity to\\nmake an oral presentation to the arbitrator;\\n (ii) that the rights and procedures used in the mechanism comply with\\nfederal regulations promulgated by the federal trade commission relating\\nto informal dispute settlement mechanisms; and\\n (iii) that the remedies set forth under subdivision (c) of this\\nsection are awarded if, after a reasonable number of attempts have been\\nundertaken under subdivision (d) of this section to conform the vehicle\\nto the express warranties, the defect or nonconformity still exists.\\n (B) Notwithstanding the provisions of paragraph two of subdivision (m)\\nof this section, the following provision shall apply for purposes of\\nthis subdivision:\\n The following notice shall be provided to consumers and arbitrators\\nand shall be printed in conspicuous ten point bold face type:\\n NEW MOTOR HOME LEMON LAW BILL OF RIGHTS\\n (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR\\nNEW MOTOR HOME, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS\\nWARRANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR\\nTWO YEARS, WHICHEVER COMES FIRST. HOWEVER, THIS ADDITIONAL WARRANTY DOES\\nNOT APPLY TO THE LIVING FACILITIES OF MOTOR HOMES, WHICH ARE THE\\nPORTIONS THEREOF DESIGNED, USED OR MAINTAINED PRIMARILY AS LIVING\\nQUARTERS AND SHALL INCLUDE, BUT NOT BE LIMITED TO THE FLOORING, PLUMBING\\nSYSTEM AND FIXTURES, ROOF AIR CONDITIONER, FURNACE, GENERATOR,\\nELECTRICAL SYSTEMS OTHER THAN AUTOMOTIVE CIRCUITS, THE SIDE ENTRANCE\\nDOOR, EXTERIOR COMPARTMENTS, AND WINDOWS OTHER THAN THE WINDSHIELD AND\\nDRIVER AND FRONT PASSENGER WINDOWS.\\n (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR\\nAUTHORIZED DEALER.\\n (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.\\n (4) IF, WITHIN THE FIRST EIGHTEEN THOUSAND MILES OF OPERATION OR\\nDURING THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF ORIGINAL DELIVERY\\nOF THE MOTOR VEHICLE TO SUCH CONSUMER, WHICHEVER IS THE EARLIER DATE THE\\nMANUFACTURER OF A MOTOR HOME OR ITS AGENTS OR ITS AUTHORIZED DEALERS OR\\nREPAIR SHOPS TO WHICH THEY REFER A CONSUMER ARE UNABLE TO REPAIR OR\\nCORRECT ANY COVERED DEFECT OR CONDITION WHICH SUBSTANTIALLY IMPAIRS THE\\nVALUE OF THE MOTOR HOME TO THE CONSUMER AFTER A REASONABLE NUMBER OF\\nATTEMPTS, THE MOTOR HOME MANUFACTURER, AT THE OPTION OF THE CONSUMER,\\nSHALL REPLACE THE MOTOR HOME WITH A COMPARABLE MOTOR HOME, OR ACCEPT\\nRETURN OF THE MOTOR HOME FROM THE CONSUMER AND REFUND TO THE CONSUMER\\nTHE FULL PURCHASE PRICE OR, IF APPLICABLE, THE LEASE PRICE AND ANY\\nTRADE-IN ALLOWANCE, PLUS FEES AND CHARGES, AS WELL AS THE OTHER FEES AND\\nCHARGES, INCLUDING BUT NOT LIMITED TO ALL LICENSE FEES, REGISTRATION\\nFEES, AND ANY SIMILAR GOVERNMENTAL CHARGES, LESS AN ALLOWANCE FOR THE\\nCONSUMER'S USE OF THE VEHICLE IN EXCESS OF TWELVE THOUSAND MILES TIMES\\nTHE PURCHASE PRICE, OR THE LEASE PRICE IF APPLICABLE, OF THE VEHICLE\\nDIVIDED BY ONE HUNDRED THOUSAND MILES, AND A REASONABLE ALLOWANCE FOR\\nANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.\\n (5) SPECIAL NOTICE PROVISION: IF WITHIN EIGHTEEN THOUSAND MILES OR TWO\\nYEARS, WHICHEVER COMES FIRST, THE SAME COVERED NONCONFORMITY, DEFECT OR\\nCONDITION IN YOUR MOTOR HOME HAS BEEN SUBJECT TO REPAIR TWO TIMES OR\\nYOUR MOTOR HOME HAS BEEN OUT OF SERVICE BY REASON OF REPAIR FOR\\nTWENTY-ONE DAYS, WHICHEVER COMES FIRST, YOU MUST HAVE REPORTED THIS TO\\nTHE MOTOR HOME MANUFACTURER OR ITS AUTHORIZED DEALER BY CERTIFIED MAIL,\\nRETURN RECEIPT REQUESTED, AND YOU MAY INSTITUTE ANY PROCEEDING OR OTHER\\nACTION PURSUANT TO THE LEMON LAW IF THE MOTOR HOME HAS BEEN OUT OF\\nSERVICE BY REASON OF THREE REPAIR ATTEMPTS OR FOR AT LEAST THIRTY DAYS.\\nTHIS SPECIAL NOTICE REQUIREMENT SHALL ONLY APPLY IF THE MANUFACTURER OR\\nITS AUTHORIZED DEALER PROVIDES WRITTEN COPY OF THE REQUIREMENTS OF THIS\\nPARAGRAPH TO YOU AND RECEIPT OF NOTICE IS ACKNOWLEDGED BY YOU IN\\nWRITING. IF YOU FAIL TO COMPLY WITH THE SPECIAL NOTIFICATION\\nREQUIREMENTS OF THIS PARAGRAPH, ADDITIONAL REPAIR ATTEMPTS OR DAYS OUT\\nOF SERVICE BY REASON OF REPAIR SHALL NOT BE TAKEN INTO ACCOUNT IN\\nDETERMINING WHETHER YOU ARE ENTITLED TO A REMEDY PROVIDED IN PARAGRAPH\\nFOUR. HOWEVER, ADDITIONAL REPAIR ATTEMPTS OR DAYS OUT OF SERVICE BY\\nREASON OF REPAIR THAT OCCUR AFTER YOU COMPLY WITH SUCH SPECIAL\\nNOTIFICATION REQUIREMENTS SHALL BE TAKEN INTO ACCOUNT IN MAKING THAT\\nDETERMINATION.\\nNOTICE TO THE MANUFACTURER SHOULD BE SENT TO THE FOLLOWING:\\nNOTICE TO THE DEALER SHOULD BE SENT TO THE FOLLOWING:\\n (6) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY\\nABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE MOTOR HOME.\\n (7) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR\\nREFUND YOUR PURCHASE PRICE IF THE PROBLEM IS NOT COVERED BY THE LEMON\\nLAW OR DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR MOTOR HOME.\\n (8) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE\\nMANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR REFUND\\nYOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.\\n (9) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU\\nMAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S\\nFEES IF YOU PREVAIL.\\n (10) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.\\n (11) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE\\nTHROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO\\nAN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY\\nHAVE TO PAY A FEE FOR SUCH ARBITRATION. CONTACT YOUR LOCAL CONSUMER\\nOFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR\\nINDEPENDENT ARBITRATION.\\n (o) At the time of purchase or lease of a motor vehicle from an\\nauthorized dealer in this state, the manufacturer shall provide to the\\ndealer or leaseholder, and the dealer or leaseholder shall provide to\\nthe consumer a notice, printed in not less than eight point bold face\\ntype, entitled \"New Car Lemon Law Bill of Rights\". The text of such\\nnotice shall be identical with the notice required by paragraph two of\\nsubdivision (m) of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "198-B", "title" : "Sale or lease of used motor vehicles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "198-B", "activeDate" : "2014-09-22", "sequenceNo" : 287, "repealedDate" : null, "fromSection" : "198-B", "toSection" : "198-B", "text" : " § 198-b. Sale or lease of used motor vehicles. a. Definitions. As used\\nin this section, the following words shall have the following meanings:\\n 1. \"Consumer\" means the purchaser, or lessee, other than for purposes\\nof resale, of a used motor vehicle primarily used for personal, family,\\nor household purposes and subject to a warranty, and the spouse or child\\nof the purchaser or the lessee if either such motor vehicle or the lease\\nof such motor vehicle is transferred to the spouse or child during the\\nduration of any warranty applicable to such motor vehicle, and any other\\nperson entitled by the terms of such warranty to enforce the obligations\\nof the warranty;\\n 2. \"Used motor vehicle\" means a motor vehicle, excluding motor homes\\nand off-road vehicles, which has been purchased, leased, or transferred\\neither after eighteen thousand miles of operation or two years from the\\ndate of original delivery, whichever is earlier;\\n 3. \"Dealer\" means any person or business which sells, offers for sale,\\nleases or offers for lease a used vehicle after selling, offering for\\nsale, leasing or offering for lease three or more used vehicles in the\\nprevious twelve month period, but does not include:\\n (a) a bank or financial institution except in the case of a lease of a\\nused motor vehicle,\\n (b) a business selling a used vehicle to an employee of that business,\\n (c) a regulated public utility which sells at public auction vehicles\\nused in the ordinary course of its operations, provided that any\\nadvertisements of such sales conspicuously disclose the \"as is\" nature\\nof the sale,\\n (d) the sale of a leased vehicle to that vehicle's lessee, a family\\nmember of the lessee, or an employee of the lessee, or\\n (e) the state, its agencies, bureaus, boards, commissions and\\nauthorities, and all of the political subdivisions of the state,\\nincluding the agencies and authorities of such subdivisions;\\n 4. \"Warranty\" means any undertaking in connection with the sale or\\nlease by a dealer of a used motor vehicle to refund, repair, replace,\\nmaintain or take other action with respect to such used motor vehicle\\nand provided at no extra charge beyond the price of the used motor\\nvehicle;\\n 5. \"Service contract\" means a contract in writing for any period of\\ntime or any specific mileage to refund, repair, replace, maintain or\\ntake other action with respect to a used motor vehicle and provided at\\nan extra charge beyond the price of the used motor vehicle or of the\\nlease contract for the used motor vehicle;\\n 6. \"Repair insurance\" means a contract in writing for any period of\\ntime or any specific mileage to refund, repair, replace, maintain or\\ntake other action with respect to a used motor vehicle and which is\\nregulated by the department of financial services.\\n b. Written warranty required; terms. 1. No dealer shall sell or lease\\na used motor vehicle to a consumer without giving the consumer a written\\nwarranty which shall at minimum apply for the following terms:\\n (a) If the used motor vehicle has thirty-six thousand miles or less,\\nthe warranty shall be at minimum ninety days or four thousand miles,\\nwhichever comes first.\\n (b) If the used motor vehicle has more than thirty-six thousand miles,\\nbut less than eighty thousand miles, the warranty shall be at minimum\\nsixty days or three thousand miles, whichever comes first.\\n (c) If the used motor vehicle has eighty thousand miles or more but no\\nmore than one hundred thousand miles, the warranty shall be at a minimum\\nthirty days or one thousand miles, whichever comes first.\\n 2. The written warranty shall require the dealer or his agent to\\nrepair or, at the election of the dealer, reimburse the consumer for the\\nreasonable cost of repairing the failure of a covered part. Covered\\nparts shall at least include the following items:\\n (a) Engine. All lubricated parts, water pump, fuel pump, manifolds,\\nengine block, cylinder head, rotary engine housings and flywheel.\\n (b) Transmission. The transmission case, internal parts, and the\\ntorque converter.\\n (c) Drive axle. Front and rear drive axle housings and internal parts,\\naxle shafts, propeller shafts and universal joints.\\n (d) Brakes. Master cylinder, vacuum assist booster, wheel cylinders,\\nhydraulic lines and fittings and disc brake calipers.\\n (e) Radiator.\\n (f) Steering. The steering gear housing and all internal parts, power\\nsteering pump, valve body, piston and rack.\\n (g) Alternator, generator, starter, ignition system excluding the\\nbattery.\\n 3. Such repair or reimbursement shall be made by the dealer\\nnotwithstanding the fact that the warranty period has expired, provided\\nthe consumer notifies the dealer of the failure of a covered part within\\nthe specified warranty period.\\n 4. The written warranty may contain additional language excluding\\ncoverage:\\n (a) for a failure of a covered part caused by a lack of customary\\nmaintenance;\\n (b) for a failure of a covered part caused by collision, abuse,\\nnegligence, theft, vandalism, fire or other casualty and damage from the\\nenvironment (windstorm, lightning, road hazards, etc.);\\n (c) if the odometer has been stopped or altered such that the\\nvehicle's actual mileage cannot be readily determined or if any covered\\npart has been altered such that a covered part was thereby caused to\\nfail;\\n (d) for maintenance services and the parts used in connection with\\nsuch services such as seals, gaskets, oil or grease unless required in\\nconnection with the repair of a covered part;\\n (e) for a motor tuneup;\\n (f) for a failure resulting from racing or other competition;\\n (g) for a failure caused by towing a trailer or another vehicle unless\\nthe used motor vehicle is equipped for this as recommended by the\\nmanufacturer;\\n (h) if the used motor vehicle is used to carry passengers for hire;\\n (i) if the used motor vehicle is rented to someone other than the\\nconsumer as defined in paragraph one of subdivision a of this section;\\n (j) for repair of valves and/or rings to correct low compression\\nand/or oil consumption which are considered normal wear;\\n (k) to the extent otherwise permitted by law, for property damage\\narising or allegedly arising out of the failure of a covered part; and\\n (l) to the extent otherwise permitted by law, for loss of the use of\\nthe used motor vehicle, loss of time, inconvenience, commercial loss or\\nconsequential damages.\\n c. Failure to honor warranty. 1. If the dealer or his agent fails to\\ncorrect a malfunction or defect as required by the warranty specified in\\nthis section which substantially impairs the value of the used motor\\nvehicle to the consumer after a reasonable period of time, the dealer\\nshall accept return of the used motor vehicle from the consumer and\\nrefund to the consumer the full purchase price, or in the case of a\\nlease contract all payments made under the contract, including sales or\\ncompensating use tax, less a reasonable allowance for any damage not\\nattributable to normal wear or usage, and adjustment for any\\nmodifications which either increase or decrease the market value of the\\nvehicle or of the lease contract, and in the case of a lease contract,\\nshall cancel all further payments due from the consumer under the lease\\ncontract. In determining the purchase price to be refunded or in\\ndetermining all payments made under a lease contract to be refunded, the\\npurchase price, or all payments made under a lease contract, shall be\\ndeemed equal to the sum of the actual cash difference paid for the used\\nmotor vehicle, or for the lease contract, plus, if the dealer elects to\\nnot return any vehicles traded-in by the consumer, the wholesale value\\nof any such traded-in vehicles as listed in the National Auto Dealers\\nAssociation Used Car Guide, or such other guide as may be specified in\\nregulations promulgated by the commissioner of motor vehicles, as\\nadjusted for mileage, improvements, and any major physical or mechanical\\ndefects in the traded-in vehicle at the time of trade-in. The dealer\\nselling or leasing the used motor vehicle shall deliver to the consumer\\na written notice including conspicuous language indicating that if the\\nconsumer should be entitled to a refund pursuant to this section, the\\nvalue of any vehicle traded-in by the consumer, if the dealer elects to\\nnot return it to the consumer, for purposes of determining the amount of\\nsuch refund will be determined by reference to the National Auto Dealers\\nAssociation Used Car Guide wholesale value, or such other guide as may\\nbe approved by the commissioner of motor vehicles, as adjusted for\\nmileage, improvements, and any major physical or mechanical defects,\\nrather than the value listed in the sales contract. Refunds shall be\\nmade to the consumer and lienholder, if any, as their interests may\\nappear on the records of ownership kept by the department of motor\\nvehicles. If the amount to be refunded to the lienholder will be\\ninsufficient to discharge the lien, the dealer shall notify the consumer\\nin writing by registered or certified mail that the consumer has thirty\\ndays to pay the lienholder the amount which, together with the amount to\\nbe refunded by the dealer, will be sufficient to discharge the lien. The\\nnotice to the consumer shall contain conspicuous language warning the\\nconsumer that failure to pay such funds to the lienholder within thirty\\ndays will terminate the dealer's obligation to provide a refund. If the\\nconsumer fails to make such payment within thirty days, the dealer shall\\nhave no further responsibility to provide a refund under this section.\\nAlternatively, the dealer may elect to offer to replace the used motor\\nvehicle with a comparably priced vehicle, with such adjustment in price\\nas the parties may agree to. The consumer shall not be obligated to\\naccept a replacement vehicle, but may instead elect to receive the\\nrefund provided under this section. It shall be an affirmative defense\\nto any claim under this section that:\\n (a) The malfunction or defect does not substantially impair such\\nvalue; or\\n (b) The malfunction or defect is the result of abuse, neglect or\\nunreasonable modifications or alterations of the used motor vehicle.\\n 2. It shall be presumed that a dealer has had a reasonable opportunity\\nto correct a malfunction or defect in a used motor vehicle, if:\\n (a) The same malfunction or defect has been subject to repair three or\\nmore times by the selling or leasing dealer or his agent within the\\nwarranty period, but such malfunction or defect continues to exist; or\\n (b) The vehicle is out of service by reason of repair or malfunction\\nor defect for a cumulative total of fifteen or more days during the\\nwarranty period. Said period shall not include days when the dealer is\\nunable to complete the repair because of the unavailability of necessary\\nrepair parts. The dealer shall be required to exercise due diligence in\\nattempting to obtain necessary repair parts. Provided, however, that if\\na vehicle has been out of service for a cumulative total of forty-five\\ndays, even if a portion of that time is attributable to the\\nunavailability of replacement parts, the consumer shall be entitled to\\nthe replacement or refund remedies provided in this section.\\n 3. The term of any warranty, service contract or repair insurance\\nshall be extended by any time period during which the used motor vehicle\\nis in the possession of the dealer or his duly authorized agent for the\\npurpose of repairing the used motor vehicle under the terms and\\nobligations of said warranty, service contract or repair insurance.\\n 4. The term of any warranty, service contract or repair insurance, and\\nthe fifteen day out-of-service period, shall be extended by any time\\nduring which repair services are not available to the consumer because\\nof a war, invasion or strike, fire, flood or other natural disaster.\\n d. Waiver void. 1. Any agreement entered into by a consumer for the\\npurchase or lease of a used motor vehicle which waives, limits or\\ndisclaims the rights set forth in this article shall be void as contrary\\nto public policy. Further, if a dealer fails to give the written\\nwarranty required by this article, the dealer nevertheless shall be\\ndeemed to have given said warranty as a matter of law.\\n 2. Nothing in this section shall in any way limit the rights or\\nremedies which are otherwise available to a consumer under any other\\nlaw.\\n 3. Notwithstanding paragraph one of this subdivision, this article\\nshall not apply to used motor vehicles sold for, or in the case of a\\nlease where the value of the used motor vehicle as agreed to by the\\nconsumer and the dealer which vehicle is the subject of the contract is,\\nless than one thousand five hundred dollars, or to used motor vehicles\\nwith over one hundred thousand miles at the time of sale or lease if\\nsaid mileage is indicated in writing at the time of sale or lease.\\nFurther, this article shall not apply to the sale or lease of historical\\nmotor vehicles as defined in section four hundred one of the vehicle and\\ntraffic law.\\n e. Time of delivery, location of warranty and notice. The written\\nwarranty provided for in subdivision b of this section and the written\\nnotice provided for in subdivision c of this section shall be delivered\\nto the consumer at or before the time the consumer signs the sales or\\nlease contract for the used motor vehicle. The warranty and the notice\\nmay be set forth on one sheet or on separate sheets. They may be\\nseparate from, attached to, or a part of the sales or lease contract. If\\nthey are part of the sales or lease contract, they shall be separated\\nfrom the other contract provisions and each headed by a conspicuous\\ntitle.\\n f. Arbitration and enforcement. 1. If a dealer has established or\\nparticipates in an informal dispute settlement procedure which complies\\nin all respects with the provisions of part seven hundred three of title\\nsixteen of the code of federal regulations the provisions of this\\narticle concerning refunds or replacement shall not apply to any\\nconsumer who has not first resorted to such procedure. Dealers utilizing\\ninformal dispute settlement procedures pursuant to this subdivision\\nshall insure that arbitrators participating in such informal dispute\\nsettlement procedures are familiar with the provisions of this section\\nand shall provide to arbitrators and consumers who seek arbitration a\\ncopy of the provisions of this section together with the following\\nnotice in conspicuous ten point bold face type:\\n USED CAR LEMON LAW BILL OF RIGHTS\\n 1. If you purchase a used car for more than one thousand five hundred\\ndollars, or lease a used car where you and the dealer have agreed that\\nthe car's value is more than one thousand five hundred dollars, from\\nanyone selling or leasing three or more used cars a year, you must be\\ngiven a written warranty.\\n 2. If your used car has 18,000 miles or less, you may be protected by\\nthe new car lemon law.\\n 3. (a) If your used car has more than 18,000 miles and up to and\\nincluding 36,000 miles, a warranty must be provided for at least 90 days\\nor 4,000 miles, whichever comes first.\\n (b) If your used car has more than 36,000 miles but less than 80,000\\nmiles, a warranty must be provided for at least 60 days or 3,000 miles,\\nwhichever comes first.\\n (c) If your used car has 80,000 miles or more but no more than 100,000\\nmiles, a warranty must be provided for at least 30 days or 1,000 miles,\\nwhichever comes first. Cars with over 100,000 miles are not covered.\\n 4. If your engine, transmission, drive axle, brakes, radiator,\\nsteering, alternator, generator, starter, or ignition system (excluding\\nthe battery) are defective, the dealer or his agent must repair or, if\\nhe so chooses, reimburse you for the reasonable cost of repair.\\n 5. If the same problem cannot be repaired after three or more\\nattempts, you are entitled to return the car and receive a refund of\\nyour purchase price or of all payments made under your lease contract,\\nand of sales tax and fees, minus a reasonable allowance for any damage\\nnot attributable to normal usage or wear, and, in the case of a lease\\ncontract, a cancellation of all further payments you are otherwise\\nrequired to make under the lease contract.\\n 6. If your car is out of service to repair a problem for a total of\\nfifteen days or more during the warranty period you are entitled to\\nreturn the car and receive a refund of your purchase price or of all\\npayments made under your lease contract, and of sales tax and fees,\\nminus a reasonable allowance for any damage not attributable to normal\\nusage or wear, and, in the case of a lease contract, a cancellation of\\nall further payments you are otherwise required to make under the lease\\ncontract.\\n 7. A dealer may put into the written warranty certain provisions which\\nwill prohibit your recovery under certain conditions; however, the\\ndealer may not cause you to waive any rights under this law.\\n 8. A dealer may refuse to refund your purchase price, or the payments\\nmade under your lease contract, if the problem does not substantially\\nimpair the value of your car, or if the problem is caused by abuse,\\nneglect, or unreasonable modification.\\n 9. If a dealer has established an arbitration procedure, the dealer\\nmay refuse to refund your purchase price until you first resort to the\\nprocedure. If the dealer does not have an arbitration procedure, you may\\nresort to any remedy provided by law and may be entitled to your\\nattorney's fees if you prevail.\\n 10. As an alternative to the arbitration procedure made available\\nthrough the dealer you may instead choose to submit your claim to an\\nindependent arbitrator, approved by the attorney general. You may have\\nto pay a fee for such an arbitration. Contact your local consumer office\\nor attorney general's office to find out how to arrange for independent\\narbitration.\\n 11. If any dealer refuses to honor your rights or you are not\\nsatisfied by the informal dispute settlement procedure, complain to the\\nNew York State Attorney General, Executive Office, Capitol, Albany, N.Y.\\n12224.\\n 2. A dealer shall have up to thirty days from the date of notice by\\nthe consumer that the arbitrator's decision has been accepted to comply\\nwith the terms of such decision. Provided, however, that nothing\\ncontained in this subdivision shall impose any liability on a dealer\\nwhere a delay beyond the thirty day period is attributable to a consumer\\nwho has requested a particular replacement vehicle or otherwise made\\ncompliance impossible within said period.\\n 3. Upon the payment of a prescribed filing fee, a consumer shall have\\nthe option of submitting any dispute arising under this section to an\\nalternate arbitration mechanism established pursuant to regulations\\npromulgated hereunder by the attorney general. Upon application of the\\nconsumer and payment of the filing fee, the dealer shall submit to such\\nalternate arbitration.\\n Such alternate arbitration shall be conducted by a professional\\narbitrator or arbitration firm appointed by and under regulations\\nestablished by the attorney general. Such mechanism shall ensure the\\npersonal objectivity of its arbitrators and the right of each party to\\npresent its case, to be in attendance during any presentation made by\\nthe other party and to rebut or refute such presentation. In all other\\nrespects, such alternate arbitration mechanism shall be governed by\\narticle seventy-five of the civil practice law and rules.\\n The notice required by paragraph one of this subdivision, entitled\\nUsed Car Lemon Law Bill of Rights, shall be provided to arbitrators and\\nconsumers who seek arbitration under this subdivision.\\n A dealer shall have thirty days from the date of mailing of a copy of\\nthe arbitrator's decision to such dealer to comply with the terms of\\nsuch decision. Failure to comply within the thirty day period shall\\nentitle the consumer to recover, in addition to any other recovery to\\nwhich he may be entitled, a fee of twenty-five dollars for each business\\nday beyond thirty days up to five hundred dollars; provided however,\\nthat nothing in this subdivision shall impose any liability on a dealer\\nwhere a delay beyond the thirty day period is attributable to a consumer\\nwho has requested a particular replacement vehicle or otherwise made\\ncompliance impossible within said period.\\n The commissioner of motor vehicles or any person deputized by him may\\ndeny the application of any person for registration under section four\\nhundred fifteen of the vehicle and traffic law and suspend or revoke a\\nregistration under such section or refuse to issue a renewal thereof if\\nhe or such deputy determines that such applicant or registrant or any\\nofficer, director, stockholder, or partner, or any other person directly\\nor indirectly interested in the business has deliberately failed to pay\\nan arbitration award, which has not been stayed or appealed, rendered in\\nan arbitration proceeding pursuant to this paragraph for sixty days\\nafter the date of mailing of a copy of the award to the registrant. Any\\naction taken by the commissioner of motor vehicles pursuant to this\\nparagraph shall be governed by the procedures set forth in subdivision\\nnine of section four hundred fifteen of the vehicle and traffic law.\\n 4. In no event shall a consumer who has resorted to an informal\\ndispute settlement procedure be precluded from seeking the rights or\\nremedies available by law.\\n 5. In an action brought to enforce the provisions of this article, the\\ncourt may award reasonable attorney's fees to a prevailing plaintiff or\\nto a consumer who prevails in any judicial action or proceeding arising\\nout of an arbitration proceeding held pursuant to paragraph three of\\nthis subdivision. In the event a prevailing plaintiff is required to\\nretain the services of an attorney to enforce collection of an award\\ngranted pursuant to this section, the court may assess against the\\ndealer reasonable attorney's fees for services rendered to enforce\\ncollection of said award.\\n 6. Any action brought pursuant to this article shall be commenced\\nwithin four years of the date of original delivery of the used motor\\nvehicle to the consumer.\\n g. Notice of consumer rights. At the time of purchase or lease of a\\nused motor vehicle from a dealer in this state, the dealer shall provide\\nto the consumer a notice, printed in not less than eight point bold face\\ntype, entitled \"Used Car Lemon Law Bill of Rights\". The text of such\\nnotice shall be identical with the notice required by paragraph one of\\nsubdivision f of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "198-C", "title" : "Automobile trade-in protection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "198-C", "activeDate" : "2014-09-22", "sequenceNo" : 288, "repealedDate" : null, "fromSection" : "198-C", "toSection" : "198-C", "text" : " § 198-c. Automobile trade-in protection. (a) As used in this section,\\n\"dealer\" shall have the same meaning as such term is defined by section\\nfour hundred fifteen of the vehicle and traffic law.\\n (b) When a dealer purchases or obtains a vehicle in trade in a retail\\nsale or lease transaction and the vehicle is subject to a prior credit\\nor lease balance, all of the following apply:\\n (1) If the dealer agreed to pay a specified amount on the prior credit\\nor lease balance owing on the vehicle purchased or obtained in trade,\\nand the agreement to pay the specified amount is contained in a written\\nagreement documenting the transaction, the dealer shall tender the\\nagreed upon amount as provided in the written agreement to the lessor,\\nor to the lien holder, or to the designee of that lessor or lien holder\\nof the vehicle purchased or obtained in trade within twenty-one calendar\\ndays of purchasing or obtaining the vehicle in trade, provided, however,\\nthat the dealer may rely upon the amount due as stated by the lessor or\\nlien holder.\\n (2) If the dealer did not set forth an agreement regarding payment of\\na prior credit or lease balance owed on the vehicle purchased or\\nobtained in trade, in a written agreement documenting the transaction,\\nthe dealer shall tender to the lessor, or to the lien holder, or to the\\ndesignee of that lessor or lien holder of the vehicle purchased or\\nobtained in trade, an amount necessary to discharge the prior credit or\\nlease balance owing on the vehicle purchased or obtained in trade within\\ntwenty-one calendar days of purchasing or obtaining the vehicle in\\ntrade, provided, however, that the dealer may rely upon the amount due\\nas stated by the lessor or lien holder.\\n (3) The time period specified in paragraph one or two of this\\nsubdivision may be shortened if the dealer and consumer agree, in\\nwriting, to a shorter time period.\\n (4) A dealer shall not sell, consign for sale, or transfer any\\nownership interest in the vehicle purchased or obtained in trade until\\nan amount necessary to discharge the prior credit or lease balance owing\\non the vehicle has been tendered to the lessor, or to the lien holder,\\nor to the designee of that lessor or lien holder of the vehicle\\npurchased or obtained in trade.\\n (c) If the agreement gives either party the right to rescind the\\nentire agreement within a reasonable time period, rescission of the\\nentire agreement shall effectively rescind the obligations pursuant to\\nthis section without violating this section.\\n (d) This section shall not apply to agreements or transactions that\\ninvolve a state or federal program in which a dealer is issued a voucher\\nto offset the purchase price or lease price for a qualifying lease of a\\nnew vehicle upon the surrender of an eligible trade-in vehicle to a\\ndealer participating in the program.\\n (e) (1) Every violation of this section shall be deemed a deceptive\\nact and practice subject to enforcement under article twenty-two-A of\\nthis chapter. In addition, the district attorney, county attorney, and\\nthe corporation counsel shall have concurrent authority to seek the\\nrelief in paragraph two of this subdivision, and all civil penalties\\nobtained in any such action shall be retained by the municipality or\\ncounty.\\n (2) In every case where the court shall determine that a violation of\\nthis section has occurred, it may impose a civil penalty of not more\\nthan five thousand dollars for each violation. Such penalty shall be in\\naddition to any denial of registration or renewal, suspension of\\nregistration or revocation of registration or assessment of a fine\\nauthorized by subdivision nine of section four hundred fifteen of the\\nvehicle and traffic law.\\n (3) Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or the common law.\\n (4) No dealer shall be deemed to have violated the provisions of this\\nsection if such dealer shows, by a preponderance of the evidence, that\\nthe violation was not intentional and resulted from a bona fide error\\nmade notwithstanding the maintenance of procedures reasonably adopted to\\navoid such error.\\n (f) Any person who is convicted of knowingly violating paragraph four\\nof subdivision (b) of this section shall be guilty of a class A\\nmisdemeanor.\\n (g) If any part or provision of this section or the application\\nthereof to any person or circumstances be adjudged invalid by any court\\nof competent jurisdiction, such judgment shall be confined in its\\noperations to the part, provision or application directly involved in\\nthe controversy in which such judgment shall have been rendered and\\nshall not affect or impair the validity of the remainder of this section\\nor the application thereof to other persons or circumstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199", "activeDate" : "2014-09-22", "sequenceNo" : 289, "repealedDate" : null, "fromSection" : "199", "toSection" : "199", "text" : " § 199. Penalties. Any person, firm, or corporation violating the\\nprovisions of section one hundred ninety-six of this article shall be\\nliable in an action brought on behalf of the people of the state of New\\nYork in the sum of one thousand dollars for each of such violations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A11-B", "title" : "Franchises For the Sale of Motor Fuels", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11-B", "activeDate" : "2014-09-22", "sequenceNo" : 290, "repealedDate" : null, "fromSection" : "199-A", "toSection" : "199-N", "text" : " ARTICLE 11-B\\n FRANCHISES FOR THE SALE OF MOTOR FUELS\\nSection 199-a. Definitions.\\n 199-b. Disclosures to prospective dealers.\\n 199-c. Termination or refusal to renew a franchise without good\\n cause prohibited; notice requirement; right of action.\\n 199-d. Repurchase of merchandise.\\n 199-e. Waiver provisions.\\n 199-f. Application.\\n 199-g. Arbitration.\\n 199-h. Relationship to other laws.\\n 199-i. Dealers' rights to transfer, assign or dispose of the\\n franchise upon notice to distributor.\\n 199-j. Dealer's right to deal with suppliers other than his\\n distributor.\\n 199-k. Separability.\\n 199-l. Removal of certain actions and proceedings.\\n 199-m. Dealers' rights of association.\\n 199-n. Enforcement of dealers' rights of association;\\n injunction; damages; limitation of actions.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-A", "activeDate" : "2014-09-22", "sequenceNo" : 291, "repealedDate" : null, "fromSection" : "199-A", "toSection" : "199-A", "text" : " § 199-a. Definitions. As used in this article, the terms:\\n 1. \"Distributor\" means any person engaged in the sale, consignment, or\\ndistribution of motor fuels to dealers.\\n 2. \"Dealer\" means any person engaged in the retail sale of motor fuels\\nfor use in motor vehicles under a franchise entered into with a\\ndistributor.\\n 3. \"Franchise\" means any agreement between a distributor and a dealer\\nunder which the dealer is granted the right to use a trademark, trade\\nname, service mark, or other identifying symbol or name owned by the\\ndistributor, or to which the distributor has the right to authorize the\\nuse thereof, and is furnished by the distributor with products to be\\nsold at retail under such trademark, trade name, service mark, or other\\nidentifying symbol or name or any agreement between a distributor and a\\ndealer under which the dealer is granted the right to occupy or use\\npremises or facilities owned, leased, or controlled by the distributor,\\nfor the purpose of engaging in the retail sale of motor fuels of the\\ndistributor, provided that an agreement by one distributor to lease\\npremises or facilities to another distributor shall not constitute a\\nfranchise.\\n 4. \"Retail\" means the sale of motor fuels to the consuming public for\\nthe purposes other than resale.\\n 5. \"Service Station\" means any premises whereon the retail sale of\\nmotor fuels is conducted as the principal business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-B", "title" : "Disclosures to prospective dealers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-B", "activeDate" : "2014-09-22", "sequenceNo" : 292, "repealedDate" : null, "fromSection" : "199-B", "toSection" : "199-B", "text" : " § 199-b. Disclosures to prospective dealers. A distributor shall\\ndisclose in writing to any prospective dealer the following information,\\nbefore any franchise is entered into:\\n 1. The gallonage volume history, if any, of the location under\\nnegotiation for and during the three year period immediately past or for\\nthe entire period which the location has been supplied by the\\ndistributor, whichever is shorter.\\n 2. The name and last known address of the previous dealer or dealers\\nfor the last three years, or for and during the entire period which the\\nlocation has been supplied by the distributor, whichever is shorter, and\\nthe reason or reasons for the termination of each dealer franchise.\\n 3. Any legally binding commitments for the sale, demolition or other\\ndisposition of the location.\\n 4. The training programs, if any, and the specific goods and services\\nthe distributor will provide for and to the dealer.\\n 5. Full disclosure of any and all obligations which will be required\\nof the dealer, including but not limited to, any obligation to\\nexclusively deal in any of the products of the distributor, its\\nsubsidiaries or any other company or any advertising and promotional\\nitems that the dealer must accept.\\n 6. Full disclosure of all restrictions on the sale, transfer, renewal\\nand termination of the franchise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-C", "title" : "Termination or refusal to renew a franchise without good cause prohibited; notice requirement; right of action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-C", "activeDate" : "2014-09-22", "sequenceNo" : 293, "repealedDate" : null, "fromSection" : "199-C", "toSection" : "199-C", "text" : " § 199-c. Termination or refusal to renew a franchise without good\\ncause prohibited; notice requirement; right of action. 1. Except as\\notherwise provided in this article, no distributor or agent thereof\\nshall terminate, cancel or refuse to renew any franchise except for good\\ncause, which shall include, but not be limited to:\\n (a) The dealer's failure to comply with a substantive requirement of a\\nfranchise agreement;\\n (b) The dealer's failure to act in good faith in carrying out the\\nterms of the franchise.\\n (c) The distributor's failure to renew his lease of the service\\nstation premises, provided the distributor does not supply the service\\nstation with motor fuels for a period of one year after the expiration\\nof the lease.\\n 2. A distributor may elect not to renew the franchise due to the sale\\nor lease of the service station premises owned by the distributor to\\nother than a subsidiary or affiliate of the distributor for any use,\\nprovided the distributor does not supply the service station with motor\\nfuels for a period of one year after such sale or lease; the sale or\\nlease of the service station premises to a subsidiary or affiliate of\\nthe distributor for use other than as a service station; or the use of\\nthe service station premises by the distributor for other than as a\\nservice station.\\n 3. No distributor may terminate, cancel or refuse to renew a franchise\\nagreement for any reason unless he has given ninety days' written notice\\nto the dealer of his intent to terminate, cancel or not renew such\\nfranchise, provided that in the event of the dealer's default under the\\nterms and conditions of the franchise agreement as set out in paragraph\\na of subdivision one of this section, the distributor may,\\nalternatively, give the dealer ten days' written notice to cure the\\ndefault, and if the default has not been cured within such period, the\\ndistributor may terminate or cancel the franchise in accordance with the\\nnotice requirements of the franchise agreements, provided such notice is\\ngiven within ten days or any other period mutually agreed upon in\\nwriting after the expiration of the ten-day default period.\\n 4. A gasoline dealer may bring an action under this section against a\\ndistributor in any court of competent jurisdiction for wrongfully\\nterminating, cancelling or refusing to renew a franchise and the court\\nmay award money damages and grant such equitable relief as may be\\nproper.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-D", "title" : "Repurchase of merchandise", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-D", "activeDate" : "2014-09-22", "sequenceNo" : 294, "repealedDate" : null, "fromSection" : "199-D", "toSection" : "199-D", "text" : " § 199-d. Repurchase of merchandise. In the event of any termination,\\ncancellation or failure to renew a franchise, whether by mutual\\nagreement or otherwise, a distributor shall make or cause to be made an\\noffer in good faith to repurchase from the dealer at then current\\nwholesale prices any and all merchantable products purchased by said\\ndealer from the distributor, provided however, that in such event the\\ndistributor shall have the right to apply the proceeds against any\\nexisting indebtedness owed to him by the dealer and further provided\\nthat such repurchased obligation is conditioned upon there being no\\nother claims or liens against such products by or on behalf of other\\ncreditors of the dealer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-E", "title" : "Waiver provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-E", "activeDate" : "2014-09-22", "sequenceNo" : 295, "repealedDate" : null, "fromSection" : "199-E", "toSection" : "199-E", "text" : " § 199-e. Waiver provisions. Any provision of any franchise agreement\\npurporting to waive any provision of this article shall be null and\\nvoid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-F", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-F", "activeDate" : "2014-09-22", "sequenceNo" : 296, "repealedDate" : null, "fromSection" : "199-F", "toSection" : "199-F", "text" : " § 199-f. Application. This act shall not apply to a franchise granted\\nprior to the effective date of this article provided that a renewal or\\nextension of such a franchise shall not be excluded from the application\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-G", "title" : "Arbitration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-G", "activeDate" : "2014-09-22", "sequenceNo" : 297, "repealedDate" : null, "fromSection" : "199-G", "toSection" : "199-G", "text" : " § 199-g. Arbitration. Any action instituted pursuant to this article\\nin connection with the termination, cancellation, or non-renewal of a\\nfranchise, or any part thereof, which provides for the arbitration of\\ndisputes arising thereunder in accordance with the rules of the American\\nArbitration Association shall be subject to the provisions of article\\nseventy-five of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-H", "title" : "Relationship to other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-H", "activeDate" : "2014-09-22", "sequenceNo" : 298, "repealedDate" : null, "fromSection" : "199-H", "toSection" : "199-H", "text" : " § 199-h. Relationship to other laws. This article shall not be held to\\ninvalidate any provisions of the laws of this state unless there is a\\ndirect conflict between the provisions of this article and the\\nprovisions of such state law, in which case this article shall prevail.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-I", "title" : "Dealers' rights to transfer, assign or dispose of the franchise upon notice to distributor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-I", "activeDate" : "2014-09-22", "sequenceNo" : 299, "repealedDate" : null, "fromSection" : "199-I", "toSection" : "199-I", "text" : " § 199-i. Dealers' rights to transfer, assign or dispose of the\\nfranchise upon notice to distributor. 1. Every franchise agreement and\\nany other lease or agreement in connection therewith between a\\ndistributor and a dealer shall be transferable or assignable at the\\noption of the dealer provided the distributor consents to such\\nassignment, which consent shall not be unreasonably withheld. A proposed\\nassignee shall meet the reasonable standards normally required by the\\ndistributor or its prospective dealers, including, but not limited to:\\n(a) experience and qualifications; (b) credit rating; (c) financial\\nresources; (d) moral character; and (e) operation by the assignee of not\\nmore than two dealerships with the distributor from whom consent is\\nrequested. Prior to any transfer or assignment, the dealer shall notify\\nthe distributor of an intention to transfer or assign such franchise by\\nwritten notice of intent setting forth the prospective assignee's name,\\naddress, statement of financial qualification and business experience\\nduring the previous five years. The distributor shall, within sixty days\\nafter receipt of such notice of intent, give written notice to the\\ndealer of its consent or objection to such transfer or assignment. If\\nthe distributor objects to the transfer or assignment, it shall state\\nits reasons therefor. If the distributor does not reply within the\\nspecified sixty days, approval of the transfer or assignment shall be\\ndeemed granted. Such transfer or assignment shall not be valid until\\nthe assignee agrees in writing to comply with all the requirements of\\nthe franchise and any other lease or agreement in connection therewith\\nthen in effect.\\n A dealer may not exercise the right of assignment or transfer after he\\nhas been notified of termination or non-renewal of the franchise\\nagreement for cause as described in the federal petroleum marketing\\npractices act unless the notice of intent to assign or transfer under\\nthis section has been delivered to the distributor prior to the dealer's\\nreceipt of such notice of termination or non-renewal.\\n 2. (a) Upon the death of the dealer, the franchise and any lease or\\nother agreement in connection therewith shall devolve to the designated\\nsuccessor of such dealer, provided that prior to his death, the dealer\\nhas notified the distributor in writing of the name, address and\\nrelationship of the designated successor and the designated successor\\nmeets the qualifications specified in subdivision one of this section at\\nthe time of the dealer's death. For the purpose of this subdivision, the\\nterm \"designated successor\" shall include one or more of the following\\npersons: (i) the surviving spouse; (ii) the adult child or children of\\nthe deceased dealer; and (iii) any adult next-of-kin of the deceased\\ndealer who has actively participated in the dealership for at least\\ntwelve months preceding the dealer's death. The twelve month period need\\nnot be continuous.\\n Upon the death of the dealer, the designated successor shall promptly\\nassume operation of the franchise and shall be responsible for the\\noperation of the franchise in accordance with the terms and conditions\\nof the deceased dealer's franchise, pending acceptance by the\\ndistributor of the designated successor. The distributor may assist the\\ndesignated successor with the operation of the station in a supervisory\\ncapacity at its own expense. Within twenty days after the dealer's\\ndeath, the designated successor shall give written notice to the\\ndistributor of his or her election to assume and operate the franchise,\\nwhich shall include the information required in subdivision one of this\\nsection, and shall also notify the distributor concerning what\\narrangements have been made for the operation of the franchise pending\\nthe acceptance or rejection of the designated successor. Within forty\\ndays after such notification, the distributor shall give written notice\\nto the designated successor of its approval or disapproval of the\\ndesignated successor. If the distributor does not approve the designated\\nsuccessor, it shall state its reasons therefor. If the distributor does\\nnot reply within the specified forty day period, approval of the\\ndesignated successor shall be deemed granted.\\n (b) In the event that the distributor has timely objected to the\\ndesignated successor, the personal representative or next-of-kin of the\\ndeceased dealer may, within sixty days from receipt by the designated\\nsuccessor of the notice of disapproval, elect to transfer or assign the\\nfranchise in accordance with the provisions of subdivision one of this\\nsection. Such an election shall be made by giving written notice to the\\ndistributor of the election within twenty days after the receipt by the\\ndesignated successor of the notice of disapproval. Written notice shall\\nbe given to the distributor of the intention to transfer or assign the\\nfranchise in accordance with the provisions of subdivision one of this\\nsection prior to the expiration of such sixty day period. Pending such\\na transfer or assignment, the distributor may assume full operation of\\nthe franchise for its own account, in which event it shall account to\\nthe personal representative of the deceased dealer for any inventory,\\nassets and personal property of any kind on the premises at the time the\\ndistributor accepts possession of the franchise.\\n (c) In the event that the deceased dealer has not designated a\\nsuccessor or the designated successor has not elected to assume and\\noperate the franchise, the personal representative or next-of-kin of the\\ndeceased dealer may, within one hundred twenty days after the dealer's\\ndeath, elect to transfer the franchise in accordance with the provisions\\nof subdivision one of this section. Such an election shall be made by\\ngiving written notice to the distributor of such an election within\\ntwenty days after the dealer's death. Written notice shall be given to\\nthe distributor of the intention to transfer or assign the franchise in\\naccordance with the provisions of subdivision one of this section prior\\nto the expiration of such one hundred twenty day period. Within twenty\\ndays after the dealer's death, the personal representative or\\nnext-of-kin shall also give written notice to the distributor concerning\\nwhat arrangements have been made for the operation of the franchise\\npending the transfer or assignment. Pending such a transfer or\\nassignment, the distributor may elect to assume full operation of the\\nfranchise for its own account, in which event it shall account to the\\npersonal representative of the deceased dealer for any inventory, assets\\nand personal property of any kind on the premises at the time the\\ndistributor accepts possession of the franchise.\\n (d) No franchise by succession or assignment pursuant to this section\\nshall be valid unless and until the designated successor or assignee\\nagrees in writing to comply with all of the requirements of the\\nfranchise and any other lease or agreement in connection therewith then\\nin effect.\\n 3. This section shall not apply to any franchise until the dealer has\\noperated the service station pursuant to a franchise agreement with the\\ndistributor for a continuous three year period, which period shall\\ninclude the term of any franchise in effect prior to or on the effective\\ndate of this section and the term of any franchise transferred to a\\ndesignated successor pursuant to paragraph (a) of subdivision two\\nhereof.\\n 4. Notice of transfer or assignment and notice of objections stating\\nthe reasons therefor may be transmitted by any method of personal\\nservice established under article three of the civil practice law and\\nrules, or by mailing same by certified or registered mail to the party\\nto be notified at their actual place of business. Notice by mailing\\nshall be deemed made when deposited in a post office or official\\ndepository of the United States postal service.\\n 5. Upon receipt of the written notice of objection with reasons\\ntherefor, as provided in subdivisions one and two of this section, a\\ndealer, designated successor or the personal representative or\\nnext-of-kin of the deceased dealer may bring an action against a\\ndistributor in any court of competent jurisdiction for wrongfully\\nimpeding the transfer or assignment of a franchise, provided that any\\nsuch action must be commenced within one year following receipt of such\\nnotice of objection. The court, upon finding that the stated reasons for\\nobjection are arbitrary, capricious or unreasonable, may award money\\ndamages and grant such equitable relief as it deems proper.\\n 6. In the event that any of the time periods referred to herein are\\nnot met by a dealer, assignee, designated successor, personal\\nrepresentative or next-of-kin, the franchise shall terminate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-J", "title" : "Dealer's right to deal with suppliers other than his distributor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-J", "activeDate" : "2014-09-22", "sequenceNo" : 300, "repealedDate" : null, "fromSection" : "199-J", "toSection" : "199-J", "text" : " § 199-j. Dealer's right to deal with suppliers other than his\\ndistributor. 1. Any provision of a franchise which requires a dealer to\\npurchase or sell products of the distributor other than motor fuel, or\\nwhich prohibits a dealer from purchasing or selling such products of\\npersons or firms other than the distributor, shall be null and void. Any\\nperson or firm who is a distributor, or an officer, agent or employee of\\na distributor, who shall threaten, harass, coerce or attempt to coerce a\\ndealer for the purpose of compelling the dealer to purchase or sell such\\nproducts of the distributor or to refrain from purchasing or selling\\nsuch products of persons or firms other than the distributor shall be\\nguilty of a violation and shall be subject to a fine in an amount up to\\nfive hundred dollars for each violation.\\n 2. (a) Any provision of a franchise which prohibits a dealer from\\npurchasing or selling any of the alternative motor fuels set forth in\\nparagraph (b) of this subdivision from a person or firm other than the\\ndistributor, or limits the quantity of such motor fuel to be purchased\\nfrom such other person or firm, or any provision of a franchise which\\ndirectly or indirectly discourages a dealer from purchasing or selling\\nsuch alternative motor fuels from such other person or firm, shall be\\nnull and void as it pertains to that particular alternative motor fuel\\nif the distributor does not supply or offer to supply to the dealer such\\nalternative motor fuel. Nothing contained in this paragraph, however,\\nshall grant to any dealer any rights, authority or obligation with\\nrespect to the permissible uses of the premises or facilities owned,\\nleased or controlled by a distributor pursuant to the terms of the\\nfranchise.\\n (b) For the purposes of this section, the term \"alternative motor\\nfuel\" shall mean any of the following: (i) a blend of eighty-five\\npercent ethanol and fifteen percent gasoline; (ii) a blend of at least\\ntwo percent methyl-ester, commonly referred to as \"bio-diesel\", and\\ndiesel motor fuel; (iii) motor fuel comprised primarily of methane,\\nstored in either a gaseous or liquid state and suitable for use and\\nconsumption in the engine of a motor vehicle, commonly referred to as\\n\"compressed natural gas\"; or (iv) hydrogen.\\n (c) Any person or firm who is a distributor, or an officer, agent or\\nemployee of a distributor, who threatens, harasses, coerces or attempts\\nto coerce a dealer for the purpose of compelling such dealer to refrain\\nfrom purchasing or selling alternative motor fuel from a person or firm\\nother than the distributor shall be guilty of a violation and be subject\\nto a fine in an amount up to one thousand dollars for each violation.\\n 3. Franchise provisions. Any provision of a franchise with a refiner\\nwhich prohibits a dealer, who either directly or through an affiliate\\nowns a service station including the tanks and pumps and who dedicates a\\ntank for sale of unbranded motor fuel, or a distributor from purchasing\\nor selling unbranded motor fuel from a person or firm other than the\\nrefiner or limits the quantity of such unbranded motor fuel to be\\npurchased from another person or firm or any provision of a franchise\\nwhich directly or indirectly discourages a dealer or distributor from\\npurchasing or selling such unbranded motor fuels from another person or\\nfirm, shall be null and void. For purposes of this subdivision and\\nsubdivisions four, five and six of this section the following terms\\nshall have the following meanings:\\n (a) \"refiner\" means any person, firm or corporation who owns, leases,\\noperates, controls or supervises a commercial entity producing gasoline\\nor diesel motor fuel;\\n (b) \"distributor\" means any person other than a refiner or dealer who\\npurchases motor fuel at a terminal facility and supplies motor fuel to\\nservice stations; and\\n (c) \"unbranded motor fuel\" means motor fuel which does not use a\\ntrademark, trade name, service mark, or other identifying symbol or name\\nowned by a refiner.\\n 4. Labeling of unbranded motor fuels. Under any circumstances where a\\ndealer sells unbranded motor fuel, the dealer shall display a sign which\\nwill be visible to consumers before entering the station which states\\nthat unbranded fuel is available for sale. The dealer shall also post a\\nsign disclosing that such supply is unbranded on each pump dispensing\\nthis fuel. The sign shall be at least eight inches by ten inches with\\nletters not less than three inches in height. The sign shall be legible\\nto the consumer from any point where a vehicle may be refueled. The\\ndealer shall cover all logos, trademarks, or other identifying insignia\\nof the refiner on each dispenser used to dispense the product from such\\ntank or pump. The dealer shall not be required to deface or cover any\\nother logo, trademark, or insignia at his place of business.\\n 5. Sale of unbranded product. A dealer who is entitled to sell\\nunbranded product shall have the right to mix in any storage tank motor\\nfuel produced or supplied by two or more refiners, including his or her\\nrefiner, as long as such mixture is stored separately from the refiner's\\nsupply and is sold as unbranded. A dealer who is entitled to sell\\nunbranded product shall have the right to mix motor fuel purchased from\\na source other than his or her refiner without regard to whether said\\nmotor fuel was sold under or carries any brand, trademark, tradename, or\\nother similar designation. A dealer shall retail such a mixture as\\n\"unbranded\", \"no brand\", or other similar designation indicating that\\nthe motor fuel does not carry a brand, trademark, tradename, or other\\nsimilar designation. A franchisee who markets such a mixture shall be\\nsubject to the posting and labeling requirements of this article and\\narticle sixteen of the agriculture and markets law. Any violation of\\nsection one hundred ninety-two-b of the agriculture and markets law by a\\ndealer in regards to the marketing of unbranded fuel under this section\\nshall not be deemed a violation of the refiner under subdivision six of\\nsuch section.\\n 6. Sale of refiner's product. A dealer who has sold motor fuel other\\nthan that of the refiner by dispensing such motor fuel from a storage\\ntank, underground or otherwise, or container or receptacle, shall follow\\nthe procedures set forth in this section before using such storage tank,\\ncontainer, or receptacle for dispensing the branded motor fuel of the\\nrefiner. Before using such tank to dispense the refiner's fuel, the\\ndealer shall first empty the tank. The dealer may then use such tank to\\ndispense motor fuel represented to be the product of such refiner. With\\nrespect to retail gasoline stations, the term \"empty the tank\" as used\\nin this section means that the pump, dispenser, device, or other\\nequipment normally used to dispense or pump motor fuel from the storage\\ntank into a motor vehicle has reduced the fluid level in the storage\\ntank to the point where any additional special equipment, such as a\\nvacuum pump, would be necessary to draw out the remaining residue of\\nmotor fuel in the tank. The refiner, or his or her employee or agent,\\nshall have the right to inspect the tank to ensure that it is empty in\\naccordance with this section and that the labeling requirements of this\\nsection are met.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-K", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-K", "activeDate" : "2014-09-22", "sequenceNo" : 301, "repealedDate" : null, "fromSection" : "199-K", "toSection" : "199-K", "text" : " § 199-k. Separability. If any provision of this article or the\\napplication of such provision to any person or circumstance is held\\ninvalid, the remainder of this article and the application of such\\nprovision to other persons or circumstances shall not be affected by\\nsuch holding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-L", "title" : "Removal of certain actions and proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-L", "activeDate" : "2014-09-22", "sequenceNo" : 302, "repealedDate" : null, "fromSection" : "199-L", "toSection" : "199-L", "text" : " § 199-l. Removal of certain actions and proceedings. Where a\\nproceeding is commenced to dispossess a dealer in a court which does not\\nhave jurisdiction to grant the relief provided in this article and the\\ndealer demonstrates that he has a defense or counterclaim cognizable\\nunder this article, a court having such jurisdiction may remove the\\naction to itself upon motion. Provided, however, that no such removal\\nshould be permitted where a federal or state court has already entered a\\nfinal judgment on the franchise or possession issues and no stay order\\npending appeal has been filed and the proceeding is being commenced\\nsolely for the purpose of enforcing such judgment. No removal provided\\nfor herein shall serve to extend a franchisee's time to take certain\\nactions provided for under state or federal law, including but not\\nlimited to the time within which to seek injunctive relief under the\\nfederal petroleum marketing practices act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-M", "title" : "Dealers' rights of association", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-M", "activeDate" : "2014-09-22", "sequenceNo" : 303, "repealedDate" : null, "fromSection" : "199-M", "toSection" : "199-M", "text" : " § 199-m. Dealers' rights of association. No distributor shall directly\\nor indirectly, through any officer, agent or employee, restrict or\\ninhibit the right of a dealer to join a trade association or to freely\\nassociate with other dealers for any lawful purpose. A failure to comply\\nwith this section shall be a violation punishable by a fine of up to one\\nthousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "199-N", "title" : "Enforcement of dealers' rights of association; injunction; damages; limitation of actions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "199-N", "activeDate" : "2014-09-22", "sequenceNo" : 304, "repealedDate" : null, "fromSection" : "199-N", "toSection" : "199-N", "text" : " § 199-n. Enforcement of dealers' rights of association; injunction;\\ndamages; limitation of actions. Any distributor or officer, agent or\\nemployee of a distributor who violates section one hundred ninety-nine-m\\nof this article may be sued in the supreme court in the county in which\\nthe defendant resides, or where a dealer affected by the violation does\\nbusiness, for temporary and permanent injunctive relief and for damages,\\nif any, and the costs of the action, including reasonable attorney's\\nfees. A plaintiff shall not be required to allege or prove that actual\\ndamages have been suffered in order to obtain injunctive relief.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A12", "title" : "Hotels and Boarding Houses", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-08-17", "2022-07-22" ], "docLevelId" : "12", "activeDate" : "2018-08-17", "sequenceNo" : 305, "repealedDate" : null, "fromSection" : "200", "toSection" : "209-G", "text" : " ARTICLE 12\\n HOTELS AND BOARDING HOUSES\\nSection 200. Safes; limited liability.\\n 201. Liability for loss of clothing and other personal\\n property limited.\\n 202. Loss by fire.\\n 203. Value of animals.\\n 203-a. Hotel and motel keeper's liability for property in\\n transport.\\n 203-b. Posting of statute.\\n 204. Register to be kept.\\n 204-a. Safety chain latches required.\\n 206. Rates to be posted; penalty for violation.\\n 206-a. Advertising of rates for motels and motor courts.\\n 206-b. Posting of rates for motels and motor courts.\\n 206-c. Frauds on guests of hotels, boarding houses,\\n rooming-houses and lodging houses.\\n 206-d. Posting of rates of various type accommodations.\\n 206-e. Telephone call charges; disclosure; violations.\\n 206-f. Information concerning services for human trafficking\\n victims.\\n 207. Sale of unclaimed articles and other property covered by\\n his lien.\\n 208. Disposition of proceeds of sale.\\n 209. Certain sales after eighteen months.\\n 209-a. Registration of hotel and motel names.\\n 209-b. Index of registrants and registered names.\\n 209-c. Registration of identical, similar or misleading names\\n prohibited.\\n 209-d. Penalties for violation.\\n 209-e. Preservation of existing remedies; use of true name.\\n 209-f. Notice of assignment.\\n 209-g. Notice of abandonment.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "200", "title" : "Safes; limited liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "200", "activeDate" : "2014-09-22", "sequenceNo" : 306, "repealedDate" : null, "fromSection" : "200", "toSection" : "200", "text" : " § 200. Safes; limited liability. Whenever the proprietor or manager of\\nany hotel, motel, inn or steamboat shall provide a safe or safe deposit\\nboxes in the office of such hotel, motel or steamboat, or other\\nconvenient place for the safe keeping of any money, jewels, ornaments,\\nbank notes, bonds, negotiable securities or precious stones, belonging\\nto the guests of or travelers in such hotel, motel, inn or steamboat,\\nand shall notify the guests or travelers thereof by posting a notice\\nstating the fact that such safe or safe deposit boxes are provided, in\\nwhich such property may be deposited, in a public and conspicuous place\\nand manner in the office and public rooms, and in the public parlors of\\nsuch hotel, motel, or inn, or saloon of such steamboat; and if such\\nguest or traveler shall neglect to deliver such property, to the person\\nin charge of such office for deposit in such safe or safe deposit boxes,\\nthe proprietor or manager of such hotel, motel, or steamboat shall not\\nbe liable for any loss of such property, sustained by such guest or\\ntraveler by theft or otherwise; but no hotel, motel or steamboat\\nproprietor, manager or lessee shall be obliged to receive property on\\ndeposit for safe keeping, exceeding one thousand five hundred dollars in\\nvalue; and if such guest or traveler shall deliver such property, to the\\nperson in charge of such office for deposit in such safe or safe deposit\\nboxes, said proprietor, manager or lessee shall not be liable for any\\nloss thereof, sustained by such guest or traveler by theft or otherwise,\\nin any sum exceeding the sum of one thousand five hundred dollars unless\\nby special agreement in writing with such proprietor, manager or lessee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "201", "title" : "Liability for loss of clothing and other personal property limited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "201", "activeDate" : "2014-09-22", "sequenceNo" : 307, "repealedDate" : null, "fromSection" : "201", "toSection" : "201", "text" : " § 201. Liability for loss of clothing and other personal property\\nlimited. 1. No hotel or motel keeper except as provided in the foregoing\\nsection shall be liable for damage to or loss of wearing apparel or\\nother personal property in the lobby, hallways or in the room or rooms\\nassigned to a guest for any sum exceeding the sum of five hundred\\ndollars, unless it shall appear that such loss occurred through the\\nfault or negligence of such keeper, nor shall he be liable in any sum\\nexceeding the sum of one hundred dollars for the loss of or damage to\\nany such property when delivered to such keeper for storage or safe\\nkeeping in the store room, baggage room or other place elsewhere than in\\nthe room or rooms assigned to such guest, unless at the time of\\ndelivering the same for storage or safe keeping such value in excess of\\none hundred dollars shall be stated and a written receipt, stating such\\nvalue, shall be issued by such keeper, but in no event shall such keeper\\nbe liable beyond five hundred dollars, unless it shall appear that such\\nloss occurred through his fault or negligence, and such keeper may make\\na reasonable charge for storing or keeping such property, nor shall he\\nbe liable for the loss of or damage to any merchandise samples or\\nmerchandise for sale, unless the guest shall have given such keeper\\nprior written notice of having the same in his possession, together with\\nthe value thereof, the receipt of which notice the hotel or motel keeper\\nshall acknowledge in writing over the signature of himself or his agent,\\nbut in no event shall such keeper be liable beyond five hundred dollars,\\nunless it shall appear that such loss or damage occurred through his\\nfault or negligence; as to property deposited by guests or patrons in\\nthe parcel or checkroom of any hotel, motel or restaurant, the delivery\\nof which is evidenced by a check or receipt therefor and for which no\\nfee or charge is exacted, the proprietor shall not be liable beyond two\\nhundred dollars, unless such value in excess of two hundred dollars\\nshall be stated upon delivery and a written receipt, stating such value,\\nshall be issued, but he shall in no event be liable beyond three hundred\\ndollars, unless such loss occurs through his fault or negligence.\\nNotwithstanding anything hereinabove contained, no hotel or motel keeper\\nshall be liable for damage to or loss of such property by fire, when it\\nshall appear that such fire was occasioned without his fault or\\nnegligence.\\n 2. A printed copy of this section shall be posted in a conspicuous\\nplace and manner in the office or public room and in the public parlors\\nof such hotel or motel. No hotel, motel or restaurant proprietor shall\\npost a notice disclaiming or misrepresenting his liability under this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "202", "title" : "Loss by fire", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "202", "activeDate" : "2014-09-22", "sequenceNo" : 308, "repealedDate" : null, "fromSection" : "202", "toSection" : "202", "text" : " § 202. Loss by fire. No inn keeper shall be liable for the loss or\\ndestruction by fire of property received by him from a guest, stored or\\nbeing with the knowledge of such guest in a barn or other out-building,\\nwhere it shall appear that such loss or destruction was the work of an\\nincendiary, and occurred without the fault or negligence of such inn\\nkeeper.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "203", "title" : "Value of animals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "203", "activeDate" : "2014-09-22", "sequenceNo" : 309, "repealedDate" : null, "fromSection" : "203", "toSection" : "203", "text" : " § 203. Value of animals. No animal belonging to a guest and destroyed\\nby fire while on the premises of any inn keeper shall be deemed of\\ngreater value than three hundred dollars, unless an agreement shall be\\nproved between such guest and inn keeper that a higher estimate shall be\\nmade of the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "203-A", "title" : "Hotel and motel keeper's liability for property in transport", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "203-A", "activeDate" : "2014-09-22", "sequenceNo" : 310, "repealedDate" : null, "fromSection" : "203-A", "toSection" : "203-A", "text" : " § 203-a. Hotel and motel keeper's liability for property in transport.\\nNo hotel or motel keeper shall be liable in any sum exceeding the sum of\\ntwo hundred and fifty dollars for the loss of or damage to property of a\\nguest delivered to such keeper, his agent or employee, for transport to\\nor from the hotel or motel, unless at the time of delivering the same\\nsuch value in excess of two hundred and fifty dollars shall be stated by\\nsuch guest and a written receipt stating such value shall be issued by\\nsuch keeper; provided, however, that where such written receipt is\\nissued the keeper shall not be liable beyond five hundred dollars unless\\nit shall appear that such loss or damage occurred through his fault or\\nnegligence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "203-B", "title" : "Posting of statute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "203-B", "activeDate" : "2014-09-22", "sequenceNo" : 311, "repealedDate" : null, "fromSection" : "203-B", "toSection" : "203-B", "text" : " § 203-b. Posting of statute. Every keeper of a hotel or motel or inn\\nshall post in a public and conspicuous place and manner in the\\nregistration office and in the public rooms of such hotel or motel or\\ninn a printed copy of this section and section two hundred three-a.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "204", "title" : "Register to be kept", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "204", "activeDate" : "2014-09-22", "sequenceNo" : 312, "repealedDate" : null, "fromSection" : "204", "toSection" : "204", "text" : " § 204. Register to be kept. The owner, lessee, proprietor or manager\\nof any hotel, motel, tourist cabins, camp, resort, tavern, inn, boarding\\nor lodging house shall keep for a period of three years a register which\\nshall show the name, residence, date of arrival and departure of his\\nguests. Such records may be kept within the meaning of this section when\\nreproduced on any photographic, photostatic, microfilm, micro-card,\\nminiature photographic or other process which actually reproduced the\\noriginal record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "204-A", "title" : "Safety chain latches required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "204-A", "activeDate" : "2014-09-22", "sequenceNo" : 313, "repealedDate" : null, "fromSection" : "204-A", "toSection" : "204-A", "text" : " § 204-a. Safety chain latches required. Every person, firm or\\ncorporation engaged in the business of furnishing public lodging\\naccommodations in hotels, motels or motor courts shall install and\\nmaintain, on the inside of each entrance door to every rental unit for\\nwhich there is a duplicate or master key which would afford entry to\\nsaid unit by one other than the occupant, a safety chain latch.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206", "title" : "Rates to be posted; penalty for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206", "activeDate" : "2014-09-22", "sequenceNo" : 314, "repealedDate" : null, "fromSection" : "206", "toSection" : "206", "text" : " § 206. Rates to be posted; penalty for violation. Every keeper of a\\nhotel or inn shall post in a public and conspicuous place and manner in\\nthe office or public room, and in the public parlors of such hotel or\\ninn, a printed copy of this section and sections two hundred and two\\nhundred and one, and a statement of the charges or rate of charges by\\nthe day and for meals furnished and for lodging. No charge or sum shall\\nbe collected or received by any such hotel keeper or inn keeper for any\\nservice not actually rendered or for a longer time than the person so\\ncharged actually remained at such hotel or inn, nor for a higher rate of\\ncharge for the use of such room or board, lodging or meals than is\\nspecified in the rate of charges required to be posted by the last\\npreceding sentence; provided such guest shall have given such hotel\\nkeeper or inn keeper notice at the office of his departure. For any\\nviolation of this section the offender shall forfeit to the injured\\nparty three times the amount so charged, and shall not be entitled to\\nreceive any money for meals, services or time charged.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206-A", "title" : "Advertising of rates for motels and motor courts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-A", "activeDate" : "2014-09-22", "sequenceNo" : 315, "repealedDate" : null, "fromSection" : "206-A", "toSection" : "206-A", "text" : " § 206-a. Advertising of rates for motels and motor courts. No person\\nengaged in the business of furnishing public lodging accommodations in\\nmotels and motor courts shall:\\n (a) post or maintain posted on any outdoor or outside advertising sign\\npertaining to such establishment, that may be seen from a public highway\\nor street, any rates for accommadations in such establishment unless the\\nsign shall have posted thereon both the minimum and maximum room, or\\nother rental unit rates, for accommodations offered for rental. All\\nposted rates and descriptive data on such sign shall be in type and\\nmaterial of the same size and prominence.\\n (b) post or maintain posted on such outdoor or outside advertising\\nsigns rates for accommodations in any such establishment unless there\\nare available in any such establishment, when vacant, accommodations for\\nimmediate occupancy to meet the posted rates of such advertising signs.\\n (c) post or maintain outdoor or outside advertising signs in\\nconnection with any such establishment relating to rates which shall\\nhave thereon any untrue, false, fraudulent or misleading representations\\nor statements as to any matter whatsoever.\\n Advertising signs stating the rate per person and bearing the legend\\n\"and up\" shall not be deemed to comply with the provisions of this\\nsection.\\n Any person who violates any of the provisions of this section shall be\\nguilty of an offense and subject to a fine of not more than fifty\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206-B", "title" : "Posting of rates for motels and motor courts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-B", "activeDate" : "2014-09-22", "sequenceNo" : 316, "repealedDate" : null, "fromSection" : "206-B", "toSection" : "206-B", "text" : " § 206-b. Posting of rates for motels and motor courts. Every person,\\nfirm or corporation engaged in the business of furnishing public lodging\\naccommodations in motels and motor courts shall:\\n Post in a conspicuous place or manner in each and every rental unit, a\\nprinted copy of this section and section two hundred six-a and a\\nstatement of the rental unit charge or rate charged by the day for the\\nrental unit. No charge or sum shall be collected or received by any\\nmotel or motor court keeper for any service not actually rendered or for\\na longer time than the person so charged actually remained at such motel\\nor motor court, nor for a higher rate of charge for the use of said\\nrental unit than is specified in the list of charges required to be\\nposted by the last preceding sentence of this paragraph, nor for a\\nhigher rate of charge for the use of said rental unit than the maximum\\nrate posted or maintained on any outdoor or outside advertising sign\\npertaining to such establishment, provided such guest shall have given\\nsuch motel or motor court keeper notice at the office of his departure.\\nFor any violation of this section, the offender shall forfeit to the\\ninjured party, three times the amount so charged, and shall not be\\nentitled to receive any money for services or time charged.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206-C", "title" : "Frauds on guests of hotels, boarding houses, rooming-houses and lodging houses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-C", "activeDate" : "2014-09-22", "sequenceNo" : 317, "repealedDate" : null, "fromSection" : "206-C", "toSection" : "206-C", "text" : " § 206-c. Frauds on guests of hotels, boarding houses, rooming-houses\\nand lodging houses. A person who for purposes of gain and by means of\\nany false statement or representation regarding a hotel, boarding house,\\nrooming-house or lodging house, shall divert or attempt to divert any\\ntraveler or any other person to another hotel, boarding house,\\nrooming-house or lodging house, shall be guilty of a misdemeanor.\\n The making of a false statement regarding a hotel, boarding house,\\nrooming-house or lodging house, coupled with a suggestion or\\nrecommendation to patronize another hotel, boarding house, rooming-house\\nor lodging house shall be presumptive evidence that the act of the\\ndefendant was committed for the purpose of gain.\\n Any person who shall pay, or offer to pay any money or other reward to\\nanother for diverting patrons from one hotel, boarding house,\\nrooming-house or lodging house to another, knowing that such diversion\\nwas effected in the manner herein prohibited, shall be guilty of a\\nmisdemeanor.\\n In any prosecution of a person for payment or offer of payment of\\nmoney or other reward in violation of this section, proof of prior\\nnotice to the defendant that the person to whom payment was made or\\noffered has at any time diverted patronage from one hotel, boarding\\nhouse, rooming-house or lodging house to another by means of false\\nrepresentation, shall be presumptive evidence that such defendant knew\\nthat the diversion complained of was effected by false statements or\\nrepresentations in violation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206-D", "title" : "Posting of rates of various type accommodations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-D", "activeDate" : "2014-09-22", "sequenceNo" : 318, "repealedDate" : null, "fromSection" : "206-D", "toSection" : "206-D", "text" : " § 206-d. Posting of rates of various type accommodations. In addition\\nto other provisions in this article relating to posting of rates, every\\nkeeper of a hotel, motel or inn shall post publicly and conspicuously at\\nthe place maintained for the registration of guests so that it can be\\neasily and readily seen and read by guests registering, a statement of\\nthe charges or rate of charges by the day indicating the standard rates\\nfor rooms or suites of different accommodations, and for meals\\nfurnished.\\n The standard rates shall be that schedule of rates available to guests\\nwho do not qualify for special discounts or rate reductions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206-E", "title" : "Telephone call charges; disclosure; violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206-E", "activeDate" : "2014-09-22", "sequenceNo" : 319, "repealedDate" : null, "fromSection" : "206-E", "toSection" : "206-E", "text" : " § 206-e. Telephone call charges; disclosure; violations. 1. For the\\npurpose of this section:\\n (a) The term \"aggregator\" means any hotel, motel, innkeeper, school or\\nhospital which is not a telegraph or telephone corporation, as defined\\nin the public service law, which, in the ordinary course of business,\\nmakes available for public use telephones or telephone equipment. This\\nterm shall also mean any hotel, motel, innkeeper, school or hospital\\nwhich imposes any charge or receives any compensation by contract,\\ntariff or otherwise for calls made from a telephone provided in a guest\\nroom, dormitory, hospital room or other premises under the control of\\nsuch entity to an alternate operator service provider. This term shall\\nalso mean any university, provided however, that the foregoing shall in\\nno way affect the tax-exempt or any other status of any such university\\nunder the education, tax or not-for-profit corporation laws or any other\\nprovision of law, rule or regulation relating thereto.\\n (b) The term \"alternate operator service provider\" means a\\ntelecommunications company, other than a local exchange company, which\\nprovides operator assisted service by means of personal or automated\\ncall intervention.\\n (c) The term \"COCOT service provider\" means any person or corporation\\nwhich resells service by means of a customer owned or leased currency or\\ncredit operated telephone.\\n 2. Every alternate operator service provider shall arrange to have\\nconspicuously displayed on, or in the immediate vicinity of, any\\ntelephone or telephone equipment which automatically accesses the\\nalternate operator service provider's network and where its services are\\nmade available either to the public or transient end users, information\\nwhich shall include, but not be limited to:\\n (a) The identity of the alternate operator service provider that will\\nmake the charge for any calls placed from such telephone or telephone\\nequipment;\\n (b) A statement that any inter-exchange long distance carrier can be\\naccessed by following dialing instructions or access codes provided by\\nsuch other carriers;\\n (c) A toll free number which the caller can use to obtain information\\non the rates, terms or conditions for a call;\\n (d) A statement that, upon the request of the caller, the operator\\nservicing the call will provide rate information; and\\n (e) A toll free number to call for resolution of a billing or service\\ncomplaint.\\n 3. Every COCOT service provider shall conspicuously display on, or in\\nthe immediate vicinity of, its telephones or telephone equipment made\\navailable for public use, information which shall include, but not be\\nlimited to:\\n (a) The identity of the COCOT service provider, and, where applicable,\\nthe alternate operator service provider that will make the charge for\\nany calls placed from such telephone or telephone equipment;\\n (b) A statement that any inter-exchange long distance carrier can be\\naccessed by following dialing instructions or access codes provided by\\nsuch carriers;\\n (c) A toll free number which the caller can use to obtain information\\non the rates, terms or conditions for a call;\\n (d) A statement that, upon the request of the caller, the operator\\nservicing the call will provide rate information;\\n (e) A toll free number to call for resolution of a billing or service\\ncomplaint; and\\n (f) Where applicable, a notice that additional charges are imposed by\\nthe COCOT service provider, or the owner of the place where the COCOT is\\nlocated, for the use of the telephone or telephone equipment for the\\nplacing of a call.\\n 4. Every aggregator shall conspicuously display on, or in the\\nimmediate vicinity of, any telephone or telephone equipment made\\navailable for public use on its premises, information, which shall\\ninclude, but not be limited to:\\n (a) The identity of the alternate operator service provider, if any,\\nthat will make the charge for any calls placed from such telephone or\\ntelephone equipment;\\n (b) A statement that any inter-exchange long distance carrier can be\\naccessed by following dialing instructions or access codes provided by\\nsuch other carriers;\\n (c) A toll free number which the caller can use to obtain information\\non the rates, terms or conditions for a call;\\n (d) A statement that, upon the request of the caller, the operator\\nservicing the call will provide rate information;\\n (e) A toll free number to call for resolution of a billing or service\\ncomplaint; and\\n (f) Where applicable, a notice that additional charges are imposed by\\nor on behalf of the aggregator for the use of the telephone or telephone\\nequipment for the placing of a call. Where additional charges are\\nimposed for placing local calls, such notice shall include the amount of\\nsuch surcharge.\\n 5. No alternate operator service provider, COCOT service provider or\\naggregator shall restrict access or enter into any contract or agreement\\nwhich restricts access to any alternate operator service provider or to\\na local exchange company operator or to any emergency telephone number,\\nincluding where available, 911 or E911.\\n 6. Any person who has been injured by reason of any violation of this\\nsection may bring an action to recover actual damages or three hundred\\nfifty dollars, whichever is greater, provided, however, that any person\\nwho has been injured by reason of any violation of subdivision five of\\nthis section may bring an action to recover actual damages or five\\nhundred dollars whichever is greater. In either case, the court may, in\\nits discretion, increase the award of damages to an amount not to exceed\\nthree times the actual damages up to four thousand dollars if the court\\nfinds that the defendant willfully or knowingly violated this section.\\n 7. If any display or sign, as required by this section, is removed or\\ndefaced by vandals, the court shall consider such facts in determining\\nany penalty or damages provided for in this section.\\n 8. Any action brought pursuant to this section shall be commenced\\nwithin three years of the date of the original cause of such action.\\n 9. A court may in its discretion award reasonable attorney's fees to a\\nprevailing plaintiff in any action brought pursuant to subdivision six\\nof this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "206-F", "title" : "Information concerning services for human trafficking victims", "docType" : "SECTION", "publishedDates" : [ "2018-08-17", "2018-10-19" ], "docLevelId" : "206-F", "activeDate" : "2018-10-19", "sequenceNo" : 320, "repealedDate" : null, "fromSection" : "206-F", "toSection" : "206-F", "text" : " § 206-f. Information concerning services for human trafficking\\nvictims. 1. For purposes of this section, \"lodging facility\" shall mean\\nany inn, hotel, motel, motor court or other establishment that provides\\nlodging to transient guests. Such term shall not include an\\nestablishment treated as a dwelling unit for the purposes of any state\\nor local law or regulation or an establishment located within a building\\nthat has five or less rooms for rent or hire and that is actually\\noccupied as a residence by the proprietor of such establishment.\\n 2. Every keeper of a lodging facility shall make available in plain\\nview and in a conspicuous place and manner in the public restrooms, and\\nin the individual guest rooms, and near the public entrance or in\\nanother conspicuous location in clear view of the public and the\\nemployees where similar information is customarily displayed in such\\nlodging facility, informational cards developed by: (i) the office of\\ntemporary and disability assistance in consultation with the New York\\nstate interagency task force on human trafficking; or (ii) the United\\nStates Department of Homeland Security; or (iii) the lodging facility.\\nAll informational cards shall only contain information concerning\\nservices for human trafficking victims and shall prominently include the\\nnational human trafficking hotline telephone number. The office of\\ntemporary and disability assistance in consultation with the New York\\nstate interagency task force on human trafficking, shall develop a\\nnotice which shall include the national human trafficking hotline\\ntelephone number, to be made available to lodging facilities to post on\\na voluntary basis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "207", "title" : "Sale of unclaimed articles and other property covered by his lien", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "207", "activeDate" : "2014-09-22", "sequenceNo" : 321, "repealedDate" : null, "fromSection" : "207", "toSection" : "207", "text" : " § 207. Sale of unclaimed articles and other property covered by his\\nlien. Any keeper of a hotel, motel, apartment hotel, inn,\\nboarding-house, rooming house or lodging-house, except an immigrant\\nlodging-house, who shall have a lien for fare, lodging, accommodation or\\nboard upon any goods, baggage or other chattel property, or, who, for a\\nperiod of six months, shall have in custody any unclaimed trunk, box,\\nvalise, package or parcel, or other chattel property, may, in the manner\\nprovided by this section, sell the same at public auction to the highest\\nbidder for cash, and out of the proceeds of such sale may, in case of\\nlien, retain the amount of such lien and the expense of advertisement\\nand sale, and the expense of storage, advertisement and sale thereof.\\nNot less than fifteen days prior to the time of the sale, a notice of\\nthe time and place of holding the sale, and containing a brief\\ndescription of the goods, baggage and articles to be sold, shall be\\npublished in a newspaper published in the city or town in which such\\nhotel, motel, apartment hotel, inn, boarding-house, rooming-house or\\nlodging-house is situated; but if there be none, then in such newspaper\\npublished nearest such city or town; if the name and address of said\\nguest, boarder, roomer or owner of such chattel articles and property,\\nappears upon the records of such keeper, such notice shall also be\\nmailed to said guest, boarder, roomer or owner, addressed to such\\naddress; such notice shall be mailed in the manner aforesaid at least\\nfifteen days prior to the time of the sale.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "208", "title" : "Disposition of proceeds of sale", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "208", "activeDate" : "2014-09-22", "sequenceNo" : 322, "repealedDate" : null, "fromSection" : "208", "toSection" : "208", "text" : " § 208. Disposition of proceeds of sale. Such keeper shall, out of the\\nproceeds of such sale, retain the amount of his lien or storage charges\\nand the expense of advertising and sale, and shall make an entry of the\\narticles sold, the amount received therefor, the amounts retained by him\\nas aforesaid, and if there be any surplus, he shall, within ten days\\nafter such sale, upon demand, pay over such surplus to such guest,\\nboarder, roomer or person whose property was sold. In case such surplus\\nshall not be demanded and paid as aforesaid, within said ten days, then\\nwithin five days thereafter, such keeper shall pay said surplus to the\\ntreasurer of the county or chamberlain or other chief fiscal officer of\\nthe city in which such sale took place, and shall, at the same time,\\nfile with said treasurer or chamberlain or other chief fiscal officer a\\nstatement in writing containing the name and place of residence, so far\\nas they are known, of the guest, boarder, roomer or person whose goods,\\nbaggage or chattel articles were sold, the articles sold and the price\\nat which they were sold, the name and address of the auctioneer making\\nthe sale, and a copy of the notice published. Said treasurer,\\nchamberlain or other chief fiscal officer shall keep said surplus money\\nfor and credit the same to the person named in said statement as such\\nguest, boarder, roomer or person, and shall pay the same to him or his\\nexecutors or administrators, upon demand, and upon furnishing\\nsatisfactory evidence of identity to such treasurer, chamberlain or\\nother chief fiscal officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209", "title" : "Certain sales after eighteen months", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209", "activeDate" : "2014-09-22", "sequenceNo" : 323, "repealedDate" : null, "fromSection" : "209", "toSection" : "209", "text" : " § 209. Certain sales after eighteen months. Any keeper of a hotel,\\nmotel, apartment hotel, inn, boarding-house, rooming-house or\\nlodging-house, except an immigrant lodging-house, whose lien for fare,\\nlodging, accommodation or board upon any goods, baggage or other chattel\\nproperty, shall not have been paid for a period of eighteen months, may\\nsell such property at public auction for cash to the highest bidder upon\\nmailing a notice inclosed in a securely closed postpaid wrapper,\\ndirected to the person who left such property with such keeper, at the\\npost office of the ctiy, town or village where such hotel, motel,\\napartment hotel, inn, boarding-house, rooming-house or lodging-house is\\nsituated, such notice to contain a statement of the time and place when\\nand where such goods, baggage or other chattel property will be sold and\\nsuch notice shall be mailed at least fifteen days before such sale shall\\ntake place. Such keeper shall, out of the proceeds of such sale, retain\\nthe amount of his lien and the expense of selling such property, and, if\\nthere be any surplus, he shall, within ten days after such sale, upon\\ndemand, pay over such surplus to the person whose property was sold. In\\ncase such surplus shall not be demanded and paid as aforesaid, within\\nsaid ten days, then within five days thereafter, such keeper shall pay\\nsuch surplus to the treasurer of the county or chamberlain or other\\nchief fiscal officer of the city in which such sale took place, and\\nshall, at the same time, file with said treasurer, chamberlain or other\\nchief fiscal officer a statement in writing containing the name of the\\nperson whose property was sold, the price at which it was sold, the date\\nof such sale and by whom sold. Such surplus shall be kept and disposed\\nof in the manner provided in section two hundred and eight of this\\nchapter. Nothing contained in this article shall preclude any other\\nremedy now existing for the enforcement and satisfaction of a lien of\\nthe keeper of a hotel, motel, apartment hotel, inn, boarding-house,\\nrooming-house or lodging-house, except an immigrant lodging-house, nor\\nbar his right to recover for so much of the debt as shall not be paid\\nthrough such sale.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-A", "title" : "Registration of hotel and motel names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-A", "activeDate" : "2014-09-22", "sequenceNo" : 324, "repealedDate" : null, "fromSection" : "209-A", "toSection" : "209-A", "text" : " § 209-a. Registration of hotel and motel names. Any person or\\ncorporation now owning or now engaged in and conducting the business of\\nan hotel or motel in the state of New York may register the name by\\nwhich said hotel or motel is known and designated by filing in the\\noffice of the secretary of state a petition subscribed by the petitioner\\nand affirmed by him as true under the penalties of perjury, containing\\nthe facsimile of such name or designation and specifically describing\\nthe location of the hotel or motel to be known by such name or\\ndesignation, together with the name and address of the person or\\ncorporation owning or operating the hotel or motel in addition to such\\nother recitals as the secretary of state may require. A duplicate\\noriginal or a certified copy of such petition shall also be filed in the\\noffice of the clerk of the county in which said hotel or motel is\\nsituated and a copy of said petition shall be printed once each week for\\nthree consecutive weeks in a newspaper published in the county in which\\nsaid hotel or motel is located, and such person or corporation shall\\nthereupon have the right to the exclusive use of such name or\\ndesignation for an hotel or motel in the state of New York. Where it\\nappears that the required publication has been made and this article has\\nbeen in all other respects complied with the secretary of state shall\\ndeliver to such person or corporation so filing such petition a\\ncertificate under his seal of the record of such filing and such\\ncertificate shall be prima facie evidence of the right to the exclusive\\nuse in the state of New York of such name or designation by the person\\nor corporation therein named. Any person or corporation may so register\\nthe name of an hotel or motel about to be erected, provided, however,\\nthat in the event that such person or corporation shall not begin the\\nconstruction of said hotel or motel within one year thereafter and\\nprosecute the construction thereof with reasonable dispatch, said person\\nor corporation shall be deemed to have abandoned the right to use such\\nname or designation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-B", "title" : "Index of registrants and registered names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-B", "activeDate" : "2014-09-22", "sequenceNo" : 325, "repealedDate" : null, "fromSection" : "209-B", "toSection" : "209-B", "text" : " § 209-b. Index of registrants and registered names. The secretary of\\nstate and the respective county clerks shall keep an alphabetical index\\nof all persons or corporations filing petitions under the authority of\\nsection two hundred nine-a, together with a similar index of the names\\nand designations referred to therein. For each petition filed they shall\\nreceive a fee of fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-C", "title" : "Registration of identical, similar or misleading names prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-C", "activeDate" : "2014-09-22", "sequenceNo" : 326, "repealedDate" : null, "fromSection" : "209-C", "toSection" : "209-C", "text" : " § 209-c. Registration of identical, similar or misleading names\\nprohibited. The secretary of state shall not record, register or file\\nany name or designation identical with or similar to any other name or\\ndesignation filed or registered as herein provided as would be\\ncalculated to deceive or mislead the public, unless such prior\\nregistration shall have been revoked as herein provided. The supreme\\ncourt may, in an action brought for that purpose by any person or\\ncorporation aggrieved thereby against any other person or corporation\\nwho or which has already filed or registered any such name or\\ndesignation, direct the revocation of any such registration where it\\nshall be determined that the person who has already registered the same\\nhas not the right to use such name or designation because of the prior\\nuse thereof by another. No person other than the proprietor of such\\nname or designation, which has been filed in the office of the secretary\\nof state and in the office of the county clerk, as aforesaid, shall,\\nwithout the written consent of such proprietor, in any manner\\nwhatsoever, either directly or indirectly, use such name or designation,\\nor any other name or designation for the name of an hotel or motel in\\nthe state of New York which may be so similar as to deceive or mislead\\nthe public. Any person or corporation may assign to any other person or\\ncorporation all right, title and interest in, to and under the aforesaid\\ncertificate of the secretary of state. Nonuse of the name or designation\\ndescribed in any certificate of the secretary of state for the period of\\none year shall operate as an abandonment of the right to use such name\\nor designation thereafter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-D", "title" : "Penalties for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-D", "activeDate" : "2014-09-22", "sequenceNo" : 327, "repealedDate" : null, "fromSection" : "209-D", "toSection" : "209-D", "text" : " § 209-d. Penalties for violation. Any person or corporation violating\\nany provisions of sections two hundred nine-a, two hundred nine-b and\\ntwo hundred nine-c shall be liable to a penalty of ten dollars for each\\nday such violation shall continue after sixty days' written notice\\ncalling attention to such violation, to be recovered by the aggrieved\\nparty. Any person or corporation who has been granted a certificate\\npursuant to the foregoing provisions hereof which shall not have been\\nthereafter revoked shall have the right of injunction. In any\\nprosecution or action hereunder, the aforesaid certificate of the\\nsecretary of state shall be prima facie evidence of the right to the\\nexclusive use of any such name or designation, where proof of such right\\nis necessary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-E", "title" : "Preservation of existing remedies; use of true name", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-E", "activeDate" : "2014-09-22", "sequenceNo" : 328, "repealedDate" : null, "fromSection" : "209-E", "toSection" : "209-E", "text" : " § 209-e. Preservation of existing remedies; use of true name. Nothing\\nin this article shall prevent, lessen, impeach, or avoid any remedy at\\nlaw or in equity which any party aggrieved by any wrongful use of any\\nsuch name or designation might have had if the foregoing provisions\\nrelating to the registration of hotel or motel names had not been\\nenacted; nor shall the same be retroactive; nor shall any person be\\nprohibited from using his or her own true name in connection with the\\noperation of any hotel or motel now in existence or hereafter\\nconstructed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-F", "title" : "Notice of assignment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-F", "activeDate" : "2014-09-22", "sequenceNo" : 329, "repealedDate" : null, "fromSection" : "209-F", "toSection" : "209-F", "text" : " § 209-f. Notice of assignment. Upon the assignment of any name\\nregistered as provided in this article, a written notice of such\\nassignment, subscribed and acknowledged by the assignor, may be filed in\\neach public office in which such name is registered, and thereupon the\\nassignee named therein shall be deemed to be the proprietor of such name\\nfor all purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "209-G", "title" : "Notice of abandonment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-G", "activeDate" : "2014-09-22", "sequenceNo" : 330, "repealedDate" : null, "fromSection" : "209-G", "toSection" : "209-G", "text" : " § 209-g. Notice of abandonment. The proprietor of a name registered as\\nprovided in this article, may file a written notice of abandonment\\nthereof, subscribed and acknowledged by such proprietor in each public\\noffice in which the name is registered, and thereupon all rights of the\\nsubscriber of such notice acquired by the registration of such name\\npursuant to this article shall be extinguished, and the provisions\\nthereof which prohibit the use of the same or a similar name shall no\\nlonger apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A12-B", "title" : "Mercantile Establishments", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-05-23", "2025-08-08" ], "docLevelId" : "12-B", "activeDate" : "2014-09-22", "sequenceNo" : 331, "repealedDate" : null, "fromSection" : "217", "toSection" : "218-AA", "text" : " ARTICLE 12-B\\n MERCANTILE ESTABLISHMENTS\\nSection 217. Definition.\\n 218. Defense of lawful detention.\\n 218-a. Disclosure of refund policies.\\n 218-aa. Warranty disclosure.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "217", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-08-08" ], "docLevelId" : "217", "activeDate" : "2014-09-22", "sequenceNo" : 332, "repealedDate" : null, "fromSection" : "217", "toSection" : "217", "text" : " § 217. Definition. As used in this article, the following words and\\nphrases shall have the following meanings:\\n 1. \"Retail mercantile establishment\" shall mean a place where goods,\\nwares or merchandise are offered to the public for sale.\\n 2. \"Restocking fee\" shall mean any amount charged by a seller for\\naccepting returned merchandise and paying a refund or credit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "218", "title" : "Defense of lawful detention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "218", "activeDate" : "2014-09-22", "sequenceNo" : 333, "repealedDate" : null, "fromSection" : "218", "toSection" : "218", "text" : " § 218. Defense of lawful detention. In any action for false arrest,\\nfalse imprisonment, unlawful detention, defamation of character,\\nassault, trespass, or invasion of civil rights, brought by any person by\\nreason of having been detained on or in the immediate vicinity of the\\npremises of (a) a retail mercantile establishment for the purpose of\\ninvestigation or questioning as to criminal possession of an\\nanti-security item as defined in section 170.47 of the penal law or as\\nto the ownership of any merchandise, or (b) a motion picture theater for\\nthe purposes of investigation or questioning as to the unauthorized\\noperation of a recording device in a motion picture theater, it shall be\\na defense to such action that the person was detained in a reasonable\\nmanner and for not more than a reasonable time to permit such\\ninvestigation or questioning by a peace officer acting pursuant to his\\nspecial duties, police officer or by the owner of the retail mercantile\\nestablishment or motion picture theater, his authorized employee or\\nagent, and that such officer, owner, employee or agent had reasonable\\ngrounds to believe that the person so detained was guilty of criminal\\npossession of an anti-security item as defined in section 170.47 of the\\npenal law or was committing or attempting to commit larceny on such\\npremises of such merchandise or was engaged in the unauthorized\\noperation of a recording device in a motion picture theater. As used in\\nthis section, \"reasonable grounds\" shall include, but not be limited to,\\nknowledge that a person (i) has concealed possession of unpurchased\\nmerchandise of a retail mercantile establishment, or (ii) has possession\\nof an item designed for the purpose of overcoming detection of security\\nmarkings attachments placed on merchandise offered for sale at such an\\nestablishment, or (iii) has possession of a recording device in a\\ntheater in which a motion picture is being exhibited and a \"reasonable\\ntime\" shall mean the time necessary to permit the person detained to\\nmake a statement or to refuse to make a statement, and the time\\nnecessary to examine employees and records of the mercantile\\nestablishment relative to the ownership of the merchandise, or\\npossession of such an item or device. Such detention at such vicinity\\nshall not authorize the taking of such person's fingerprints at such\\nvicinity unless the taking of fingerprints is otherwise authorized by\\nsection 160.10 of the criminal procedure law and are taken by the\\narresting or other appropriate police officer or agency described\\ntherein in accordance with section 140.20 or 140.27 of such law.\\nWhenever fingerprints are taken, the requirements of article one hundred\\nsixty of the criminal procedure law shall apply as if fully set forth\\nherein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "218-A", "title" : "Disclosure of refund policies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-08-08" ], "docLevelId" : "218-A", "activeDate" : "2014-09-22", "sequenceNo" : 334, "repealedDate" : null, "fromSection" : "218-A", "toSection" : "218-A", "text" : " § 218-a. Disclosure of refund policies. 1. Every retail mercantile\\nestablishment shall conspicuously post, in the following manner, its\\nrefund policy as to all goods, wares or merchandise offered to the\\npublic for sale:\\n (a) on a sign attached to the item itself; or\\n (b) on a sign affixed to each cash register or point of sale; or\\n (c) on a sign so situated as to be clearly visible to the buyer from\\nthe cash register; or\\n (d) on a sign posted at each store entrance used by the public.\\n 2. The sign, required by subdivision one of this section to be posted\\nin every retail mercantile establishment, shall (a) state whether or not\\nit is the policy of such establishment to give refunds and, if so, under\\nwhat conditions, including but not limited to whether a refund will be\\ngiven:\\n (i) on merchandise which had been advertised as \"sale\" merchandise or\\nmarked \"as is;\"\\n (ii) on merchandise for which no proof of purchase exists;\\n (iii) at any time or not beyond a point in time specified;\\n (iv) in cash, or as credit or store credit only; or\\n (v) subject to any fees, including a restocking fee, and the dollar or\\npercentage amount of each fee; and\\n (b) advise consumers that they are entitled to a written copy of the\\nstore's refund policy upon request.\\n 3. Enforcement. Any retail mercantile establishment which violates any\\nprovision of this section shall be liable, for a period of up to thirty\\ndays from the date of purchase, to the buyer for a cash refund or a\\ncredit, at the buyer's option, provided that the merchandise has not\\nbeen used or damaged by the buyer and the buyer can verify the date of\\nthe purchase with a receipt or any other purchase verification method\\nutilized by the retail merchant.\\n 4. Preemption. This section does not relieve any person, firm,\\ncorporation or association subject to the provisions of this section\\nfrom complying with any law, ordinance, rule or regulation of any\\nlocality relating to the posting of refund policies which affords the\\nbuyer greater protection than do the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "218-AA", "title" : "Warranty disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "218-AA", "activeDate" : "2014-09-22", "sequenceNo" : 335, "repealedDate" : null, "fromSection" : "218-AA", "toSection" : "218-AA", "text" : " § 218-aa. Warranty disclosure. 1. As used in this section, the term\\n\"grey markets merchandise\" means any brand-name consumer product\\nnormally accompanied by a warranty valid in the United States of America\\nwhich is imported into the United States through channels other than the\\nmanufacturer's authorized United States distributor, for sale to the\\npublic in this state, and which, by reason of this manner of\\ndistribution, may not be accompanied by a manufacturer's express written\\nwarranty valid in the United States. Grey markets merchandise shall be\\nlimited to products purchased by a consumer for use primarily for\\npersonal, family or household purposes.\\n 2. Every retail dealer who knowingly offers for sale grey markets\\nmerchandise shall conspicuously post, in the following manner, the\\ninformation required by subdivision three of this section:\\n a. On a sign attached to the item itself; or\\n b. On a sign affixed to each cash register or point of sale at which\\nsuch goods are offered for sale; or\\n c. On a sign so situated as to be clearly visible to the buyer from\\nthe register.\\n 3. Every retail dealer who offers for sale grey markets merchandise\\nshall disclose, as applicable, that either some of the products or a\\nspecific product are not:\\n a. accompanied by the manufacturer's warranty valid in the United\\nStates; or\\n b. accompanied by instructions in English; or\\n c. eligible for a rebate offered by the manufacturer.\\n 4. Every retail dealer or dealer engaged in a mail-order business who\\noffers for sale grey markets merchandise shall include the disclosure\\nrequired by subdivision three of this section in any written\\nadvertisement relating to such product. Such disclosure shall be made in\\ntype of a conspicuous size.\\n 5. Any retail dealer who violates any provision of this section shall\\nbe liable, for a period of up to twenty days from the date of purchase,\\nto the buyer for a refund or credit on credit-card purchases provided\\nthe product purchased has not been used or damaged by the buyer.\\n 6. Whenever there shall be a violation of this section an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan five hundred dollars for each violation. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n 7. Provided, however, that it shall be an affirmative defense that the\\nconsumer is provided with a written warranty which offers equal or\\ngreater protection than the manufacturer's warranty through a warrantor\\ndemonstrated to be a financially responsible retailer, distributor,\\nimporter or other third person capable of fulfilling warranty\\nobligations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A12-C", "title" : "Trampoline Park Safety", "docType" : "ARTICLE", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "12-C", "activeDate" : "2020-04-24", "sequenceNo" : 336, "repealedDate" : null, "fromSection" : "220", "toSection" : "228", "text" : " ARTICLE 12-C\\n TRAMPOLINE PARK SAFETY\\nSection 220. Definitions.\\n 221. Exemptions.\\n 222. Compliance with industry standards.\\n 223. Trampoline park employee training, equipment and\\n supervision.\\n 224. Availability of information; emergency response plan.\\n 225. Inspection.\\n 226. Insurance.\\n 227. Required posting of safety guidelines.\\n 228. Actions relating to trampoline parks.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "220", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "220", "activeDate" : "2020-04-24", "sequenceNo" : 337, "repealedDate" : null, "fromSection" : "220", "toSection" : "220", "text" : " § 220. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings:\\n 1. \"commercial trampoline\" shall mean a device that:\\n (a) incorporates a trampoline bed; and\\n (b) is used for entertainment or recreational jumping, springing,\\nbouncing, acrobatics, or gymnastics in a trampoline park.\\n 2. \"emergency response plan\" shall mean a written plan of action for\\nthe reasonable and appropriate contact, deployment, and coordination of\\nservices, agencies, and personnel to provide the earliest possible\\nresponse to an injury or emergency.\\n 3. \"inspection\" shall mean a procedure that an inspector conducts to:\\n (a) determine whether a trampoline park facility, including any device\\nor material, is constructed, assembled, maintained, tested, and operated\\nin accordance with this article and the manufacturer's recommendations;\\n (b) determine the operational safety of a trampoline park facility,\\nincluding any device or material;\\n (c) determine whether the trampoline park complies with safety\\nstandards; and\\n (d) determine whether the trampoline park's policies, safeguards, and\\nprocedures comply with this article.\\n 4. \"inspector\" shall mean an individual who:\\n (a) conducts an inspection of a trampoline park to certify compliance\\nwith this article and industry safety standards; and\\n (b) (i) is certified by:\\n (A) a nationally accredited organization that develops and publishes\\nconsensus standards for a wide range of materials, products, systems,\\nand services that are used for trampolines; or\\n (B) a nationally accredited organization that promotes trampoline park\\nsafety;\\n (ii) represents the insurer of the trampoline park;\\n (iii) represents a nationally accredited organization that:\\n (A) inspects amusement and recreational facilities and equipment; and\\n (B) certifies and trains professional private industry inspectors\\nthrough written testing and continuing education requirements; or\\n (iv) represents an organization that the United States Olympic\\nCommittee designates as the national governing body for gymnastics.\\n 5. \"operator\" shall mean a person who manages, or controls or who has\\nthe duty to manage or control the operation of a trampoline park.\\n 6. \"owner\" shall mean a person, corporation, partnership, limited\\nliability company, or association who owns a commercial trampoline park.\\n 7. \"participant\" shall mean an individual that uses trampoline park\\nequipment.\\n 8. \"trampoline bed\" shall mean the flexible surface of a trampoline on\\nwhich a user jumps or bounces.\\n 9. \"trampoline court\" shall mean an area of a trampoline park\\ncomprising:\\n (a) multiple commercial trampolines; or\\n (b) at least one commercial trampoline and at least one associated\\nfoam or inflatable bag pit.\\n 10. \"trampoline park\" shall mean a place of business that offers the\\nrecreational use of a trampoline court for a fee or charge for admission\\nto the trampoline park for entertainment or recreational purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "221", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "221", "activeDate" : "2020-04-24", "sequenceNo" : 338, "repealedDate" : null, "fromSection" : "221", "toSection" : "221", "text" : " § 221. Exemptions. This article shall not apply to:\\n 1. a playground that a school or local government operates, if:\\n (a) the playground is an incidental amenity; and\\n (b) the operating entity does not primarily derive revenue from\\noperating the playground for a fee;\\n 2. a gymnastics, dance, cheer, or tumbling facility where:\\n (a) the majority of activities are based in training or rehearsal and\\nnot recreation; and\\n (b) the facility derives revenues primarily through supervised\\ninstruction or classes; or\\n 3. equipment used exclusively for exercise, an inflatable ride, or an\\ninflatable bounce house.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "222", "title" : "Compliance with industry standards", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "222", "activeDate" : "2020-04-24", "sequenceNo" : 339, "repealedDate" : null, "fromSection" : "222", "toSection" : "222", "text" : " § 222. Compliance with industry standards. A trampoline park owner\\nshall ensure that the trampoline park complies with standards developed\\nin conjunction with industry safety organizations regarding:\\n 1. signage and notification for proper use of the trampoline park,\\nsafety procedures, and education of risk as provided for in section two\\nhundred twenty-seven of this article;\\n 2. equipment and facilities, including materials, layout, condition,\\nand maintenance;\\n 3. staff training, including safety procedures and emergency response;\\n 4. participant activities and behaviors that should be restricted;\\n 5. separation of participants within the trampoline park based on age,\\nsize, or other necessary factors;\\n 6. operational issues, including maintenance and injury logs and\\nemergency response plans;\\n 7. staff supervision and monitoring of activities;\\n 8. statistical tracking of injuries in a manner that does not\\npersonally identify the injured participant; and\\n 9. appropriate insurance coverage.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "223", "title" : "Trampoline park employee training, equipment and supervision", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "223", "activeDate" : "2020-04-24", "sequenceNo" : 340, "repealedDate" : null, "fromSection" : "223", "toSection" : "223", "text" : " § 223. Trampoline park employee training, equipment and supervision.\\nAn owner and/or operator shall:\\n 1. ensure that during all hours of operation the trampoline park has\\nan operable automated external defibrillator;\\n 2. ensure that all employees are certified in first aid and CPR;\\n 3. ensure that all participants are instructed by an employee about\\nthe potential risks and safety guidelines;\\n 4. require that trampoline park employees monitor the trampoline court\\nand participants during all hours of operation;\\n 5. ensure that the number of trampoline park employees described in\\nsubdivision four of this section is adequate to view each area of the\\ntrampoline court; and\\n 6. prominently display throughout the trampoline park contrasted\\nsafety, warning, advisory, and instructional signage reflecting the\\ntrampoline park's rules as provided for in section two hundred\\ntwenty-seven of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "224", "title" : "Availability of information; emergency response plan", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "224", "activeDate" : "2020-04-24", "sequenceNo" : 341, "repealedDate" : null, "fromSection" : "224", "toSection" : "224", "text" : " § 224. Availability of information; emergency response plan. 1. An\\nowner and/or operator shall develop, implement, and follow an in-house\\ninjury reporting and emergency response plan for injuries to employees\\nand participants.\\n 2. The owner and/or operator shall retain any records for a period of\\nat least two years related to the injury reporting system and emergency\\nresponse plan described in subdivision one of this section.\\n 3. The owner and/or operator shall make available to the department of\\nhealth or the local health department, upon request:\\n (a) the information contained in the injury reporting system described\\nin subdivision one of this section; and\\n (b) the records described in subdivision two of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "225", "title" : "Inspection", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "225", "activeDate" : "2020-04-24", "sequenceNo" : 342, "repealedDate" : null, "fromSection" : "225", "toSection" : "225", "text" : " § 225. Inspection. A trampoline park owner and/or operator shall:\\n 1. ensure that an inspector conducts an inspection of the facilities\\nand records of the trampoline park at least once per calendar year to\\ncertify compliance with:\\n (a) industry safety standards, including each category of standards\\ndescribed in this article; and\\n (b) safety standards described in this article;\\n (c) proof that the trampoline court is maintained in good repair;\\n (d) an emergency response plan is in place and up-to-date;\\n (e) maintenance, inspection, staff member training, and up-to-date\\ninjury logs; and\\n (f) an up-to-date insurance policy is in place; and\\n 2. obtain from the inspector a written report documenting the\\ninspection and a certificate certifying that:\\n (a) the trampoline park has successfully passed the inspection\\ndescribed in this section; and\\n (b) the trampoline park is in full compliance with this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "226", "title" : "Insurance", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "226", "activeDate" : "2020-04-24", "sequenceNo" : 343, "repealedDate" : null, "fromSection" : "226", "toSection" : "226", "text" : " § 226. Insurance. A trampoline park owner shall:\\n 1. maintain insurance providing liability coverage of at least one\\nmillion dollars in the aggregate and five hundred thousand dollars per\\nincident to cover injuries to participants arising out of any negligence\\nor misconduct by the trampoline park owner, operator or staff in the\\nconstruction, maintenance, or operation of the trampoline park; and\\n 2. maintain a certificate of insurance demonstrating compliance with\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "227", "title" : "Required posting of safety guidelines", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "227", "activeDate" : "2020-04-24", "sequenceNo" : 344, "repealedDate" : null, "fromSection" : "227", "toSection" : "227", "text" : " § 227. Required posting of safety guidelines. 1. The owner and/or\\noperator of a trampoline park shall conspicuously post a sign containing\\nsafety and instructional rules and guidelines to be followed by\\nparticipants while at the trampoline park or using a commercial\\ntrampoline. Such sign shall include appropriate behavior and activities\\nat the trampoline park to minimize potential risks to participants.\\n 2. Such signs shall be conspicuously displayed near all entrances.\\n 3. Such signs shall contain warnings that there are inherent risks in\\nthe participation in or on the commercial trampoline, since it is\\nrecognized that participation in or on the trampoline may be hazardous\\nregardless of all feasible safety measures that can be undertaken by the\\ndevice owner and/or operator; and that there is a duty for the\\nparticipants, or parent or guardian in the case of a minor, to become\\napprised of the warnings and the risks inherent in participation in or\\non a commercial trampoline if the warnings are not obeyed.\\n 4. Prior to participating in or on such commercial trampolines,\\nparticipants and parents or guardians in the case of a minor, shall\\nfamiliarize themselves with the posted safety warnings so that they may\\nmake an informed decision of whether to participate in or on the\\ntrampoline notwithstanding the risks.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "228", "title" : "Actions relating to trampoline parks", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24" ], "docLevelId" : "228", "activeDate" : "2020-04-24", "sequenceNo" : 345, "repealedDate" : null, "fromSection" : "228", "toSection" : "228", "text" : " § 228. Actions relating to trampoline parks. 1. In any contract or\\nagreement between the operator or owner of a trampoline park and a\\nparticipant, or parent or guardian in the case of a minor, any portion\\nof the contract or any clause which purports to designate, restrict, or\\nlimit the venue in which a claim shall be adjudicated or arbitrated\\nshall be deemed void as against public policy.\\n 2. Nothing in this section shall be deemed to affect the validity of\\nany other aspect of a contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A13", "title" : "Silver, Gold and Diamonds", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 346, "repealedDate" : null, "fromSection" : "229-A", "toSection" : "229-J", "text" : " ARTICLE 13\\n SILVER, GOLD AND DIAMONDS\\nSection 229-a. Marking certain articles, silver, sterling silver or\\n solid silver.\\n 229-b. Selling silverware marked coin or coin silver.\\n 229-c. Marking soldered metal sterling or sterling silver.\\n 229-d. Marking soldered metal coin or coin silver.\\n 229-e. Marking metal placed on leather or other substances\\n sterling or sterling silver.\\n 229-f. Marking metal placed on leather or other substances, coin\\n or coin silver.\\n 229-g. Marking watch cases sterling or sterling silver.\\n 229-h. Marking watch cases coin or coin silver.\\n 229-i. Marking articles made of gold.\\n 229-j. Sale of artificially colored diamonds.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-A", "title" : "Marking certain articles, silver, sterling silver or solid silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-A", "activeDate" : "2014-09-22", "sequenceNo" : 347, "repealedDate" : null, "fromSection" : "229-A", "toSection" : "229-A", "text" : " § 229-a. Marking certain articles, silver, sterling silver or solid\\nsilver. Any person, firm, corporation or association who makes or sells\\nor offers to sell or dispose of, or has in his or its possession, with\\nintent to sell or dispose of, any article of merchandise marked, stamped\\nor branded with the words \"sterling\" or \"sterling silver,\" or incased or\\ninclosed in any box, package, cover or wrapper, or other thing in, by or\\nwith which the said article is packed, inclosed or otherwise prepared\\nfor sale or disposition, having thereupon any engraving or printed\\nlabel, stamp, imprint, mark or trade-mark, indicating or denoting by\\nsuch marking, stamping, branding, or engraving or printing that such\\narticle is silver, sterling silver or solid silver, unless nine hundred\\nand twenty-five one-thousandths of the component parts of the metal of\\nwhich the said article is manufactured is pure silver, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-B", "title" : "Selling silverware marked coin or coin silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-B", "activeDate" : "2014-09-22", "sequenceNo" : 348, "repealedDate" : null, "fromSection" : "229-B", "toSection" : "229-B", "text" : " § 229-b. Selling silverware marked coin or coin silver. Any person,\\nfirm, corporation or association who makes or sells, or offers to sell\\nor dispose of, or has in his or its possession with intent to sell or\\ndispose of, any article of merchandise marked, stamped or branded with\\nthe words \"coin\" or \"coin silver,\" or incased or inclosed in any box,\\npackage, cover or wrapper, or other thing in, by or with which the said\\narticle is packed, inclosed or otherwise prepared for sale or\\ndisposition, having thereupon any engraving or printed label, stamp,\\nimprint, mark or trade-mark, indicating or denoting by such marking,\\nstamping, branding, engraving or printing that such article is coin or\\ncoin silver, unless nine hundred one thousandths parts of the component\\nparts of the metal of which the said article is manufactured is pure\\nsilver, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-C", "title" : "Marking soldered metal sterling or sterling silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-C", "activeDate" : "2014-09-22", "sequenceNo" : 349, "repealedDate" : null, "fromSection" : "229-C", "toSection" : "229-C", "text" : " § 229-c. Marking soldered metal sterling or sterling silver. Any\\nperson, firm, corporation or association who makes or sells, or offers\\nto sell or dispose of, or has in his or its possession with intent to\\nsell or dispose of, any article of merchandise, whose component parts\\nare made of the same metal soldered together, which article is marked,\\nstamped, or branded with the words \"sterling\" or \"sterling silver,\"\\nunless all of said component parts shall contain not less than nine\\nhundred and twenty-five one-thousandths parts of pure silver, is guilty\\nof a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-D", "title" : "Marking soldered metal coin or coin silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-D", "activeDate" : "2014-09-22", "sequenceNo" : 350, "repealedDate" : null, "fromSection" : "229-D", "toSection" : "229-D", "text" : " § 229-d. Marking soldered metal coin or coin silver. Any person, firm,\\ncorporation or association who makes or sells, or offers to sell or\\ndispose of, or has in his or its possession with intent to sell or\\ndispose of, any article of merchandise, whose component parts are made\\nof the same metal soldered together, which article is marked, stamped,\\nor branded with the words \"coin\" or \"coin silver,\" unless all of said\\ncomponent parts shall contain not less than nine hundred one-thousandths\\nparts of pure silver, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-E", "title" : "Marking metal placed on leather or other substances sterling or sterling silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-E", "activeDate" : "2014-09-22", "sequenceNo" : 351, "repealedDate" : null, "fromSection" : "229-E", "toSection" : "229-E", "text" : " § 229-e. Marking metal placed on leather or other substances sterling\\nor sterling silver. Any person, firm, corporation or association who\\nmakes or sells, or offers to sell or dispose of, or has in his or its\\npossession with intent to sell or dispose of, any article of merchandise\\ncomprised of leather, shell, ivory, celluloid, pearl, glass, porcelain,\\npottery, steel, or wood to which is applied or attached a metal mounting\\nmarked, stamped or branded with the words \"sterling\" or \"sterling\\nsilver,\" unless said applied or attached metal mounting shall contain\\nnot less than nine hundred and twenty-five one-thousandths parts of pure\\nsilver, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-F", "title" : "Marking metal placed on leather or other substances, coin or coin silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-F", "activeDate" : "2014-09-22", "sequenceNo" : 352, "repealedDate" : null, "fromSection" : "229-F", "toSection" : "229-F", "text" : " § 229-f. Marking metal placed on leather or other substances, coin or\\ncoin silver. Any person, firm, corporation or association who makes or\\nsells, or offers to sell or dispose of, or has in his or its possession\\nwith intent to sell or dispose of, any article of merchandise comprised\\nof leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery,\\nsteel, or wood to which is applied or attached a metal mounting marked,\\nstamped or branded with the words \"coin\" or \"coin silver,\" unless said\\napplied or attached metal mounting shall contain not less than nine\\nhundred one-thousandths parts of pure silver, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-G", "title" : "Marking watch cases sterling or sterling silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-G", "activeDate" : "2014-09-22", "sequenceNo" : 353, "repealedDate" : null, "fromSection" : "229-G", "toSection" : "229-G", "text" : " § 229-g. Marking watch cases sterling or sterling silver. Any person,\\nfirm, corporation or association who makes or sells, or offers to sell\\nor dispose of or has in his or its possession with intent to sell or\\ndispose of, any article of merchandise comprised of works or movements\\nand a case or covering applied or attached thereto, wholly or partially\\nconcealing said works or movements marked, stamped or branded with the\\nwords \"sterling\" or \"sterling silver,\" unless said case or covering\\nshall contain not less than nine hundred and twenty-five one-thousandths\\nparts of pure silver, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-H", "title" : "Marking watch cases coin or coin silver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-H", "activeDate" : "2014-09-22", "sequenceNo" : 354, "repealedDate" : null, "fromSection" : "229-H", "toSection" : "229-H", "text" : " § 229-h. Marking watch cases coin or coin silver. Any person, firm,\\ncorporation or association who makes or sells, or offers to sell or\\ndispose of, or has in his or its possession with intent to sell or\\ndispose of, any article of merchandise comprised of works or movements\\npartially concealing said works or movements marked, stamped or branded\\nwith the words \"coin\" or \"coin silver,\" unless said case or covering\\nshall contain not less than nine hundred one-thousandths parts of pure\\nsilver, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-I", "title" : "Marking articles made of gold", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-I", "activeDate" : "2014-09-22", "sequenceNo" : 355, "repealedDate" : null, "fromSection" : "229-I", "toSection" : "229-I", "text" : " § 229-i. Marking articles made of gold. (1) Any person, firm,\\ncorporation or association who or which makes or sells or offers to sell\\nor dispose of, has in his or its possession with intent to sell or\\ndispose of, any article of merchandise, except watch cases and flatware,\\nmade in whole or in part of gold or of any alloy of gold and having\\nstamped, branded, engraved or imprinted thereon, or upon any tag, card\\nor label attached thereto, or upon any box, package, cover or wrapper in\\nwhich the article is encased or enclosed, any mark indicating or\\ndesigned or intended to indicate that the gold or alloy of gold in such\\narticle (a) is of a greater degree or karat of fineness by more than\\none-half of one karat than the actual quality or fineness of such gold\\nor alloy, which actual quality or fineness shall be determined by test,\\nanalysis or assay from which there shall be excluded all solder or alloy\\nof inferior fineness used for brazing or uniting the parts of said\\narticle, or (b) is of a greater degree or karat of fineness by more than\\none karat than the actual quality or fineness of such gold or alloy\\nwhich actual quality or fineness shall be determined by test, analysis\\nor assay in which there shall be included all solder or alloy of\\ninferior fineness used for brazing or uniting the parts of said article,\\nis guilty of a misdemeanor.\\n (2) Any person, firm, corporation or association who or which makes or\\nsells or offers to sell or dispose of, or has in his or its possession\\nwith intent to sell or dispose of any watch case or article of flatware\\nmade in whole or in part of gold or any alloy of gold and having\\nstamped, branded, engraved or imprinted thereon, or upon any tag, card\\nor label attached thereto, or upon any box, package, cover or wrapper in\\nwhich the article is encased or enclosed, any mark indicating or\\ndesigned or intended to indicate that the gold or the alloy of gold in\\nsuch article (a) is of a greater degree or karat of fineness by more\\nthan three one-thousandths parts than the actual quality of fineness of\\nsuch watch case or article of flatware, which actual quality or fineness\\nshall be determined by test, analysis or assay from which there shall be\\nexcluded all solder or alloy of inferior fineness used for brazing or\\nuniting the parts of said article, or (b) is of a greater degree or\\nkarat of fineness by more than one karat than the actual quality or\\nfineness of such gold or alloy which actual quality or fineness shall be\\ndetermined by test, analysis or assay in which there shall be included\\nall solder or alloy of inferior fineness used for brazing or uniting the\\nparts of said article, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "229-J", "title" : "Sale of artificially colored diamonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229-J", "activeDate" : "2014-09-22", "sequenceNo" : 356, "repealedDate" : null, "fromSection" : "229-J", "toSection" : "229-J", "text" : " § 229-j. Sale of artificially colored diamonds. Any person, firm,\\ncorporation or association, and any agent or employee thereof, who or\\nwhich shall knowingly sell or offer for sale any diamond which shall\\nhave been artificially colored or tinted by coating, irradiating,\\nheating, nuclear bombardment or by any other means, without disclosing\\nin writing to the purchaser, or prospective purchaser, that such diamond\\nhas been artificially colored or tinted, or without disclosing in\\nwriting that the artificial coloring or tinting of such diamond is not\\npermanent, if that be the fact, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A13-A", "title" : "Platinum Stamping", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-A", "activeDate" : "2014-09-22", "sequenceNo" : 357, "repealedDate" : null, "fromSection" : "230", "toSection" : "238", "text" : " ARTICLE 13-A\\n PLATINUM STAMPING\\nSection 230. Definitions.\\n 231. Application of quality mark.\\n 232. Trade mark.\\n 233. Quality marks; description.\\n 234. Quality; contents.\\n 235. Abbreviations.\\n 236. Prima facie proof.\\n 237. Penalties.\\n 238. Effect of invalidity of any part of this article.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "230", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "230", "activeDate" : "2014-09-22", "sequenceNo" : 358, "repealedDate" : null, "fromSection" : "230", "toSection" : "230", "text" : " § 230. Definitions. In this article unless the context otherwise\\nrequires: \"Article\" means any article of merchandise and includes any\\nportion of such article, whether a distinct part thereof, or not\\n(including every part thereof whether or not separable and also\\nincluding material for manufacture).\\n Platinum, iridium, palladium, ruthenium, rhodium and/or osmium,\\ninclude any alloy or alloys of any one or more of said metals.\\n \"Mark\" means any mark, sign, device, imprint, stamp, brand applied to\\nany article, or to any tag, card, paper, label, box, carton, container,\\nholder, package cover or wrapping attached to, used in conjunction with\\nor enclosing such article or any bill, bill of sale, invoice, statement,\\nletter, circular, advertisement, notice, memorandum, or other writing or\\nprinting.\\n \"Apply\" and \"applied\" include any method or means of application or\\nattachment to, or of use on, or in connection with, or in relation to,\\nan article, whether such application, attachment or use is to, on, by,\\nin or with\\n 1. The article itself, or\\n 2. Anything attached to the article, or\\n 3. Anything to which the article is attached, or\\n 4. Anything in or on which the article is, or\\n 5. Anything so used or placed as to lead to a reasonable belief that\\nthe mark on that thing is meant to be taken as a mark on the article\\nitself.\\n \"Quality mark\" is any mark as herein defined indicating, describing,\\nidentifying or referring to or appearing or seeming or purporting to\\nindicate, describe, identify or refer to the partial or total presence\\nor existence of or the quality of or the percentage of or the purity of\\nor the number of parts of platinum, iridium, palladium, ruthenium,\\nrhodium and/or osmium in any article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "231", "title" : "Application of quality mark", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "231", "activeDate" : "2014-09-22", "sequenceNo" : 359, "repealedDate" : null, "fromSection" : "231", "toSection" : "231", "text" : " § 231. Application of quality mark. 1. When an article is composed of\\nmechanism, works or movements and of a case or cover containing the\\nmechanism, works or movements, a quality mark applied to the article\\nshall be deemed not to be, nor to be intended to be, applied to the\\nmechanism, works or movements.\\n 2. The quality mark applied to the article shall be deemed not to\\napply to springs, winding bars, sleeves, crown cores, mechanical joint\\npins, screws, rivets, dustbands, detachable movement rims, hat pin\\nstems, bracelet and necklace snap tongues. In addition, in the event\\nthat an article is marked under the last paragraph of the preceding\\nsection, the quality mark applied to the article shall be deemed not to\\napply to pin tongues, joints, catches, lapel button backs and the posts\\nto which they are attached, scarf pin stems, hat pin sockets, shirtstud\\nbacks, vest button backs and ear screw backs, provided such parts are\\nmade of the same quality of gold as is used in the balance of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "232", "title" : "Trade mark", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "232", "activeDate" : "2014-09-22", "sequenceNo" : 360, "repealedDate" : null, "fromSection" : "232", "toSection" : "232", "text" : " § 232. Trade mark. If there is any quality mark printed, stamped or\\nbranded on the article itself there must also be printed, stamped or\\nbranded on the said article itself the following mark, to wit: a trade\\nmark duly applied for or registered under the laws of the United States\\nof the manufacturer of such article; except that if such manufacturer\\nhas sold or contracted to sell such article to a jobber, wholesaler or\\nretail dealer regularly engaged in the business of buying and selling\\nsimilar articles, this provision shall be deemed to be complied with if\\nthere is so marked on the said article the trade mark duly registered\\nunder the laws of the United States of such jobber, wholesaler or retail\\ndealer respectively; and in such event there may also be marked on the\\nsaid article itself numerals intended to identify the article, design or\\npattern provided, however, that such numerals do not appear or purport\\nto be a part of the quality mark and provided that they are not\\ncalculated to mislead or deceive anyone into believing that they are\\npartly of the quality mark.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "233", "title" : "Quality marks; description", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "233", "activeDate" : "2014-09-22", "sequenceNo" : 361, "repealedDate" : null, "fromSection" : "233", "toSection" : "233", "text" : " § 233. Quality marks; description. All quality marks applied to any\\narticle shall be equal in size and equally visible, legible, clear and\\ndistinct and no quality mark which is false, deceptive or misleading\\nshall be applied to any article or to any descriptive device therefor.\\nNo more than one quality mark shall be applied to any article and such\\nquality mark shall be applied to such article in only one place thereon\\nexcept as elsewhere in this article specifically permitted.\\n Wherever in this article provision is made for marking the number of\\nparts or percentage of metals, such number or percentage shall refer to\\nweight and not to volume, thickness or any other basis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "234", "title" : "Quality; contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "234", "activeDate" : "2014-09-22", "sequenceNo" : 362, "repealedDate" : null, "fromSection" : "234", "toSection" : "234", "text" : " § 234. Quality; contents. There shall not be applied to any article\\nany quality mark nor any colorable imitation thereof, nor any\\ncontraction thereof, nor any addition thereto, nor any words or letters,\\nnor any mark purporting to be or resembling a quality mark except as\\nfollows:\\n (a) An article consisting of at least 985/1000ths parts of platinum,\\niridium, palladium, ruthenium, rhodium and/or osmium, where solder is\\nnot used and at least 950/1000ths parts of said metal or metals where\\nsolder is used, may be marked \"platinum,\" provided that the total of the\\naforementioned metals other than pure platinum shall amount to no more\\nthan 50/1000ths parts of the contents of the entire article.\\n (b) An article consisting of at least 985/1000ths parts of platinum,\\niridium, palladium, ruthenium, rhodium and/or osmium, where solder is\\nnot used and at least 950/1000ths parts of the said metal or metals\\nwhere solder is used, and provided further that at least 750/1000ths\\nparts of said article are pure platinum, may be marked \"platinum,\"\\nprovided immediately preceding the mark \"platinum\" there is the name or\\nabbreviation as hereinafter provided, of either iridium, palladium,\\nruthenium, rhodium and/or osmium, which ever of said metals\\npredominates, and provided further that such predominating other metal\\nmust be more than 50/1000ths parts of the entire article.\\n (c) An article consisting of at least 985/1000ths parts of platinum,\\niridium, palladium, ruthenium, rhodium and/or osmium, where solder is\\nnot used and at least 950/1000ths parts of said metals where solder is\\nused, provided more than 500/1000ths parts of said article consist of\\npure platinum, may be marked with the word \"platinum,\" provided that\\nsaid word is immediately preceded by a decimal fraction in\\none-thousandths showing the platinum content in proportion to the\\ncontent of the entire article, and further provided that said mark\\n\"platinum\" be followed by the name or abbreviation as herein allowed, of\\nsuch one or more of the following metals, to wit: iridium, palladium,\\nruthenium, rhodium and/or osmium, that may be present in the article in\\nquantity of more than 50/1000ths parts of the entire article. The name\\nof such other metal or metals other than platinum, however, shall each\\nbe immediately preceded by a decimal fraction in one-thousandths showing\\nthe content of such other metal or metals in proportion to the entire\\narticle, as for example, 600 plat., 350 pall., or 500 plat., 200 pall.,\\n150 ruth., 100 rhod.\\n (d) An article consisting of 950/1000ths parts of the following\\nmetals: platinum, iridium, palladium, ruthenium, rhodium, and/or osmium\\nwith less than 500/1000ths parts of the entire article consisting of\\npure platinum, may be marked with the name iridium, palladium,\\nruthenium, rhodium and/or osmium, which ever predominates in the said\\narticle but in no event with the mark \"platinum,\" provided, however,\\nthat the quantity of such metal other than platinum so marked, must be\\nmarked in decimal thousandths, and provided further that the name of\\nsuch metal other than platinum so used must be spelled out in full\\nirrespective of any other provisions of this article to the contrary.\\n (e) An article composed of platinum and gold which resembles, appears\\nor purports to be platinum, may be marked with a karat mark and the\\nplatinum mark, provided:\\n 1. The platinum in such article shall be at least 985/1000ths parts\\npure platinum; and\\n 2. The fineness of the gold in such article shall be correctly\\ndescribed by the karat mark of said gold; and\\n 3. The percentage of platinum in such article shall be no less than\\nfive per centum in weight of the total weight of the article; and\\n 4. The mark shall be so applied that the karat mark shall immediately\\nprecede the platinum mark, as for example, \"14K & Plat.\", \"18 K &\\nPlat.\", as the case may be, it being expressly provided that in case the\\npercentage of platinum exceeds the five per centum provided herein, the\\nquality mark may also include a declaration of the percentage of\\nplatinum, as for example, \"18 K & 1/10th Plat.\", or \"14 K & 1/8 Plat.\"\\nor as the case may be.\\n (f) An article composed of platinum and any other material or metal\\nnot resembling, appearing or purporting to be platinum, may be marked\\nwith the quality mark platinum provided all parts or portions of such\\narticle resembling or appearing or purporting to be platinum, or\\nreasonably purporting to be described as platinum by said quality mark,\\nshall be at least 985/1000ths parts pure platinum.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "235", "title" : "Whenever provided for in this article, except as specifically excepted in paragraph d of the preceding section, the word \"platinum\" may b...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "235", "activeDate" : "2014-09-22", "sequenceNo" : 363, "repealedDate" : null, "fromSection" : "235", "toSection" : "235", "text" : " § 235. Whenever provided for in this article, except as specifically\\nexcepted in paragraph d of the preceding section, the word \"platinum\"\\nmay be applied by spelling it out in full or by the abbreviation\\n\"plat.\", the word \"iriduim\" may be applied by spelling it out in full or\\nby the abbreviation \"irid.\", the word \"palladium\" may be applied by\\nspelling it out in full or by the abbreviation \"Pall\", the word\\n\"ruthenium\" may be applied by spelling it out in full or by the\\nabbreviation \"Ruth.\", the word \"rhodium\" may be applied by spelling it\\nout in full or by the abbreviation \"Rhod.\", and the word \"osmium\" may be\\napplied by spelling it out in full or by the abbreviation \"Osmi.\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "236", "title" : "Prima facie proof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "236", "activeDate" : "2014-09-22", "sequenceNo" : 364, "repealedDate" : null, "fromSection" : "236", "toSection" : "236", "text" : " § 236. Prima facie proof. 1. In any action relating to the\\nenforcement of any provision of this article, a certificate duly issued\\nby an assay office of the treasury department of the United States,\\ncertifying the weight of any article, or any part thereof, or of the\\nkind, weight, quality, fineness or quantity of any ingredient thereof,\\nshall be receivable in evidence as constituting prima facie proof of the\\nmatter or matters so certified.\\n 2. In any action relating to the enforcement of any provision of this\\narticle, proof that an article has been marked in violation of the\\nprovisions of this article shall be deemed to be prima facie proof that\\nsuch article was manufactured after this article became effective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "237", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "237", "activeDate" : "2014-09-22", "sequenceNo" : 365, "repealedDate" : null, "fromSection" : "237", "toSection" : "237", "text" : " § 237. Penalties. Any person or persons, firm, partnership,\\ncorporation or association or any officer, director, employee or agent\\nthereof who makes, or sells, or offers to sell or dispose of, or has in\\nhis or its possession, with intent to sell or dispose of, any article as\\nherein defined to which is applied any quality mark which does not\\nconform to all the provisions of this article, or from which is omitted\\nany mark required by the provisions of this article, shall be guilty of\\na misdemeanor and upon conviction thereof shall be punished by a fine of\\nnot more than one thousand dollars or by imprisonment for not more than\\nsix months, or by both such fine and imprisonment in the discretion of\\nthe court provided however, that it shall be a defense to any\\nprosecution under this article for the defendant to prove that the said\\narticle was manufactured and marked with the intention of and for\\npurposes of exportation from the United States and that the said article\\nwas either actually exported from the United States to a foreign country\\nwithin six months after date of manufacture thereof with the bona fide\\nintention of being sold in the said country and of not being\\nre-imported, or that it was delivered within six months after date of\\nmanufacture thereof to a person, firm or corporation whose exclusive\\ncustomary business is the exportation of such articles from the United\\nStates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "238", "title" : "Effect of invalidity of any part of this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238", "activeDate" : "2014-09-22", "sequenceNo" : 366, "repealedDate" : null, "fromSection" : "238", "toSection" : "238", "text" : " § 238. Effect of invalidity of any part of this article. If any part\\nof this article, or the application thereof to any particular situation,\\nis held by any court of competent jurisdiction to be invalid on account\\nof unconstitutionality, such adjudication shall not affect the remainder\\nof this article, or the application of such first-mentioned part of this\\narticle to any other situation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A13-B", "title" : "Appraisers of Jewelry, Works of Art, Watches and Objects Made From or Containing Precious Stones or Metals", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-B", "activeDate" : "2014-09-22", "sequenceNo" : 367, "repealedDate" : null, "fromSection" : "239", "toSection" : "239-C", "text" : " ARTICLE 13-B\\n APPRAISERS OF JEWELRY, WORKS OF ART, WATCHES AND\\n OBJECTS MADE FROM OR CONTAINING PRECIOUS\\n STONES OR METALS\\nSection 239. Definitions.\\n 239-a. Certain appraisals; penalty.\\n 239-b. Action to restrain and prevent.\\n 239-c. Civil liability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "239", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239", "activeDate" : "2014-09-22", "sequenceNo" : 368, "repealedDate" : null, "fromSection" : "239", "toSection" : "239", "text" : " § 239. Definitions. As used in this article the term:\\n 1. \"Appraiser\" shall mean any person or persons, firm, partnership,\\ncorporation or association or any officer, director, employee or agent\\nthereof who purports to ascertain and state the true value of property.\\n 2. \"Property\" shall mean jewelry, watches, and objects made from or\\ncontaining precious stones or metals. \"Precious stones\" shall be limited\\nto diamonds, alexandrite, cymophane, ruby, sapphire, opal, amethyst,\\nsmoky quartz, citrine, rose quartz, spinel, malachite, turquoise,\\nemerald, aquamarine, morganite, garnet, lapis lazuli, jadeite, kunzite,\\ntopaz, tourmaline, zircon, amber, jet, pearl, coral, tanzanite.\\n\"Precious metals\" shall be limited to gold, silver, platinum, iridium,\\nruthenium, osmium, or any alloys of any one or more of said metals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "239-A", "title" : "Certain appraisals; penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239-A", "activeDate" : "2014-09-22", "sequenceNo" : 369, "repealedDate" : null, "fromSection" : "239-A", "toSection" : "239-A", "text" : " § 239-a. Certain appraisals; penalty. Any appraiser who knowingly\\ngives a written appraisal of property with intent to defraud, deceive,\\nor injure another person, firm, partnership, corporation, or association\\nor any officer, director, employee, or agent thereof shall be guilty of\\na misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "239-B", "title" : "Action to restrain and prevent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239-B", "activeDate" : "2014-09-22", "sequenceNo" : 370, "repealedDate" : null, "fromSection" : "239-B", "toSection" : "239-B", "text" : " § 239-b. Action to restrain and prevent. The attorney-general may\\nbring an action in the name and in behalf of the people of the state\\nagainst any appraiser, to restrain and prevent a violation of this\\narticle, wherever the same may have been made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "239-C", "title" : "Civil liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239-C", "activeDate" : "2014-09-22", "sequenceNo" : 371, "repealedDate" : null, "fromSection" : "239-C", "toSection" : "239-C", "text" : " § 239-c. Civil liability. Any person, firm, partnership, corporation,\\nassociation or officer, director, employee, or agent thereof sustaining\\ndamages by reason of a knowingly misleading, deceptive or fraudulent\\nappraisal may bring a civil action for actual damages together with\\ncosts, reasonable attorneys' fees and disbursements or an action to\\nrestrain an appraiser from violating the provisions of this article if\\nit is found that such appraiser has willfully violated such provisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A14", "title" : "Aircraft", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 372, "repealedDate" : null, "fromSection" : "240", "toSection" : "251-C", "text" : " ARTICLE 14\\n AIRCRAFT\\nSection 240. Definitions.\\n 241. Qualifications of operator; federal license.\\n 242. Possession and exhibition of license certificate.\\n 243. Aircraft; construction, design and airworthiness; federal\\n registration.\\n 245. Air traffic rules.\\n 246. Penalties for violation of the foregoing provisions.\\n 247. Examination of wrecked aircraft before destruction or\\n removal.\\n 248. Aircraft on Lake Mahopac, Lake Moraine, Lake George, and\\n Lake Oscawana, Owasco Lake and Greenwood Lake\\n prohibited.\\n 248-a. Operation of aircraft on certain lakes in the town of\\n Lewisboro, county of Westchester.\\n 249. Location of privately-owned airports.\\n 250. Service of summons on nonresidents or residents who\\n depart from state.\\n 251. Liability of an owner of aircraft.\\n 251-a. Notice of insurance coverage in aircraft rental\\n agreements.\\n 251-b. Flight school background checks.\\n 251-c. Disqualification of a flight instruction school\\n applicant.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "240", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "240", "activeDate" : "2014-09-22", "sequenceNo" : 373, "repealedDate" : null, "fromSection" : "240", "toSection" : "240", "text" : " § 240. Definitions. When used in this article,\\n 1. \"Aircraft\" means any contrivance, now or hereafter invented, for\\navigation of or flight in the air, except a parachute or other\\ncontrivance designed for use, and carried primarily for safety\\nequipment.\\n 2. \"Avigation\" means the steering, directing or managing of an\\naircraft, in or through the air; and such term is here used as a\\nsubstitute for \"aerial navigation.\"\\n 3. \"Operating aircraft\" means performing the services of aircraft\\npilot.\\n 4. \"Landing area\" means any locality either of land or water,\\nincluding airports and intermediate landing fields, which is used or\\nintended to be used for the landing and take-off of aircraft, whether or\\nnot facilities are provided for shelter, servicing or repair of aircraft\\nor for receiving or discharging passengers or cargo.\\n 5. \"Airport\" means any landing area used regularly by aircraft for\\nreceiving or discharging passengers or cargo; or for the landing and\\ntake-off of aircraft being used for personal or training purposes.\\n 6. \"Acrobatic flying\" means maneuvers not necessary for normal flight\\nand intentionally performed by an aircraft, involving an abrupt change\\nin its attitude, an abnormal attitude or an abnormal acceleration.\\n 7. \"Administrator of the federal aviation agency\" means the\\nadministrator of the federal aviation agency of the United States.\\n 8. \"Airplane\" means a mechanically propelled aircraft, the support of\\nwhich in flight is derived dynamically from the reaction on surfaces in\\na fixed position relative to the aircraft but in motion relative to the\\nair.\\n 9. \"Control zone\" means an airspace of defined dimensions extending\\nupwards from the surface of the ground and including one or more\\nairports and designated as such by the administrator of the federal\\naviation agency.\\n 10. \"Flight visibility\" means the average horizontal distance that\\nprominent objects may be seen from the cockpit.\\n 11. \"Helicopter\" means an aircraft, the support of which in the air is\\nnormally derived from airfoils mechanically rotated about an\\napproximately vertical axis.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "241", "title" : "Qualifications of operator; federal license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "241", "activeDate" : "2014-09-22", "sequenceNo" : 374, "repealedDate" : null, "fromSection" : "241", "toSection" : "241", "text" : " § 241. Qualifications of operator; federal license. The public safety\\nrequiring, and the advantages of uniform regulation making it desirable,\\nin the interest of aeronautical progress, that a person engaging within\\nthis state in operating aircraft, in any form of avigation for which a\\nlicense to operate aircraft issued by the United States government would\\nthen be required if such avigation were interstate, should have the\\nqualifications necessary for obtaining and holding such a license, it\\nshall be unlawful for any person to engage in operating aircraft within\\nthe state, in any such form of avigation, unless he have such a license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "242", "title" : "Possession and exhibition of license certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "242", "activeDate" : "2014-09-22", "sequenceNo" : 375, "repealedDate" : null, "fromSection" : "242", "toSection" : "242", "text" : " § 242. Possession and exhibition of license certificate. The\\ncertificate of the license required by the preceding section shall be\\nkept in the personal possession of the licensee when he is operating\\naircraft within this state and must be presented for inspection upon the\\ndemand of any passenger, any peace officer of this state, acting\\npursuant to his special duties, police officer of this state, or any\\nofficial, manager or person in charge of any airport or landing field in\\nthis state upon which he shall land.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "243", "title" : "Aircraft; construction, design and airworthiness; federal registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "243", "activeDate" : "2014-09-22", "sequenceNo" : 376, "repealedDate" : null, "fromSection" : "243", "toSection" : "243", "text" : " § 243. Aircraft; construction, design and airworthiness; federal\\nregistration. The public safety requiring, and the advantages of uniform\\nregulation making it desirable, in the interest of aeronautical\\nprogress, that aircraft to be avigated within this state should conform,\\nwith respect to design, construction and airworthiness, to standards\\nprescribed by the United States government with respect to avigation of\\naircraft subject to its jurisdiction, it shall be unlawful for any\\nperson to avigate an aircraft within this state unless it is licensed\\nand registered by the department of transportation of the United States\\nin the manner prescribed by the lawful rules and regulations of the\\nUnited States government then in force. The license for such aircraft\\nmust be carried and conspicuously posted in the aircraft while in\\nflight. Such license also shall be presented for inspection, on demand,\\nto any peace officer, acting pursuant to his special duties, or police\\nofficer, or to any official, manager or person in charge of an airport\\nor landing place where the aircraft may be. The provisions of this\\nsection shall not apply to aircraft used exclusively in the governmental\\nservice of the United States, or used exclusively in the service of the\\nnational guard or of one or more of the civil departments of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "245", "title" : "Air traffic rules", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "245", "activeDate" : "2014-09-22", "sequenceNo" : 377, "repealedDate" : null, "fromSection" : "245", "toSection" : "245", "text" : " § 245. Air traffic rules. The following air traffic rules shall govern\\nthe operations and use of aircraft in New York state, except that they\\nshall not apply to aircraft used exclusively in the governmental service\\nof the United States, or exclusively in the service of the national\\nguard of this state:\\n 1. Careless or reckless operation. No person shall operate an aircraft\\nin a careless or reckless manner so as to endanger the life or property\\nof others.\\n 2. Minimum safe altitudes. Except when necessary for a take-off or\\nlanding, no person shall operate aircraft below the following altitudes:\\n (a) General. An altitude which will permit, in the event of the\\nfailure of a power unit, an emergency landing without undue hazard to\\npersons or property on the surface;\\n (b) Over congested areas. Over congested areas of cities, towns,\\nvillages or settlements, or over an open-air assembly of persons, an\\naltitude of one thousand feet above the highest obstacle within a\\nhorizontal radius of two thousand feet from the aircraft. Helicopters\\nmay be flown at less than the minimum prescribed herein if such\\noperations are conducted without hazard to persons or property on the\\nsurface and at an altitude which will permit an emergency landing\\nwithout undue hazard to persons or property on the surface;\\n (c) Over other than congested areas. An altitude of five hundred feet\\nabove the surface, except over open water or sparsely populated areas,\\nand in no event closer than five hundred feet to any person, vessel,\\nvehicle, or structure. Helicopters may be flown at less than the minimum\\nprescribed herein if such operations are conducted without hazard to\\npersons or property on the surface and at an altitude which will permit\\nan emergency landing without undue hazard to persons or property on the\\nsurface;\\n (d) Industrial operations. Where essential to industrial operations\\nand except over congested areas and over an open-air assembly of\\npersons, aircraft may fly at an altitude lower than five hundred feet if\\nsuch operations are conducted with extreme care and caution and with\\nregard to the safety of persons or property on the surface.\\n 3. Acrobatic flying. (a) No person shall engage in acrobatic flying\\nover congested areas of cities, towns, settlements, or over an open-air\\nassembly of persons.\\n (b) Unless authorized by the federal aviation agency, no person shall\\nengage in acrobatic flying:\\n (1) Within any federal airway or control zone, or\\n (2) When the flight visibility is less than three miles, or\\n (3) Below an altitude of one thousand five hundred feet above the\\nsurface.\\n 4. Dropping objects. No person piloting an aircraft shall permit\\nanything to be dropped from an aircraft in flight which might create any\\nhazard to persons or property.\\n 5. Water operations. An aircraft operating on the water shall, insofar\\nas possible, keep clear of all vessels and avoid impeding their\\nnavigation;\\n (a) Crossing. The aircraft or vessel which has the other on its right\\nshall give way so as to keep well clear;\\n (b) Approaching head-on. When aircraft, or an aircraft and vessel,\\napproach head-on, or approximately so, each shall alter its course to\\nthe right to keep well clear;\\n (c) Overtaking. The aircraft or vessel which is being overtaken has\\nthe right-of-way, and the one overtaking shall alter its course to keep\\nwell clear.\\n (d) Special circumstances. When two aircraft, or an aircraft and\\nvessel, approach so as to involve risk of collision, each shall proceed\\nwith regard to existing circumstances and conditions including the\\nlimitations of the respective craft.\\n 6. Transportation of explosives and other dangerous articles. The\\ntransporting of any explosives and dangerous devices other than small\\narms ammunition in moderate quantity for personal use, necessary\\naircraft signaling devices, fuel and equipment necessary to the safe\\noperation of the aircraft and materials for industrial spraying, is\\nprohibited. Dangerous devices shall include, but not exclusively,\\ninflammable and non-inflammable compressed gas, poison gas and liquid,\\npoisonous liquid and solid, and tear gas. Exceptions are permitted where\\ntransportation is performed in accordance with federal rules.\\n * 7. Liquor and drugs. No person shall pilot an aircraft or serve as a\\nmember of the crew while under the influence of intoxicating liquor, or\\ndrugs, nor shall any person be permitted to be carried in the aircraft\\nwho is obviously under the influence of intoxicating liquor, or drugs,\\nexcept a medical patient under proper care or in case of emergency.\\n * NB There are 2 subs. 7\\n * 7. Parachutes. No pilot in command of a civil aircraft shall allow a\\nparachute that is available for emergency use to be carried in that\\naircraft unless it is a type approved under regulations of the federal\\naviation agency.\\n * NB There are 2 subs. 7\\n 9. Public streets or highways. No take-off or landing shall be made\\nfrom or on a public street or highway without the prior consent of the\\nlocal governing authority and the prior approval of the administrator of\\nthe federal aviation agency, except as provided for in subdivision (b)\\nof section three hundred sixty-one of the public authorities law.\\n 10. Lights. Aircraft shall display lights in accordance with the\\nfollowing rules:\\n (a) Between sunset and sunrise all aircraft in flight or operated or\\nunderway on the water shall display position lights;\\n (b) Between sunset and sunrise all aircraft parked or moved within or\\nin dangerous proximity to that part of any airport used for, or\\navailable to, night flight operations shall be clearly illuminated or\\nlighted unless the aircraft is parked or moved in an area marked with\\nobstruction lights;\\n (c) Between the hours of sunset and sunrise all aircraft at anchor\\nshall display an anchor light, or anchor lights, unless in an area\\nwithin which lights are not required for vessels at anchor;\\n (d) Position lights shall be installed on all aircraft in accordance\\nwith rules and regulations affecting aircraft subject to the federal\\ncivil air regulations.\\n 11. Deviation from air traffic rules. Air traffic rules may be\\ndeviated from when special circumstances render a departure necessary to\\navoid immediate danger and when such departure is required because of\\nthe stress of weather conditions or other unavoidable causes; provided,\\nhowever, that aircraft carrying passengers for hire shall not deviate\\nfrom the air traffic rules pertaining to minimum altitude of flight\\nbecause of stress of weather conditions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "246", "title" : "Penalties for violation of the foregoing provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "246", "activeDate" : "2014-09-22", "sequenceNo" : 378, "repealedDate" : null, "fromSection" : "246", "toSection" : "246", "text" : " § 246. Penalties for violation of the foregoing provisions. A person\\nwho violates any of the foregoing provisions of this article shall be\\nguilty of a misdemeanor and punishable by a fine of not more than one\\nhundred dollars, or by imprisonment for not more than ninety days, or\\nboth. Failure by an operator to exhibit his pilot certificate upon\\nproper demand or failure to show the aircraft registration certificate\\nupon proper demand shall be presumptive evidence that the operator is\\nnot duly licensed or that the aircraft is not duly registered under this\\narticle. That an act or omission with respect to rules set forth in\\nsubdivision six of section two hundred forty-five was done or made in\\naccordance with regulations affecting aircraft subject to federal\\naviation regulations, or that a landing or take-off from or on a public\\nstreet or highway was done with consent of local authorities and\\napproval of the administrator of the federal aviation agency, or that an\\nact or omission which would otherwise be a violation of a prescribed\\nrule was an authorized deviation under subdivision eleven of section two\\nhundred forty-five, shall be matters of defense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "247", "title" : "Examination of wrecked aircraft before destruction or removal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "247", "activeDate" : "2014-09-22", "sequenceNo" : 379, "repealedDate" : null, "fromSection" : "247", "toSection" : "247", "text" : " § 247. Examination of wrecked aircraft before destruction or removal.\\nWhen an aircraft falls or lands in a wrecked condition or is wrecked by\\nthe fall or in landing and an occupant thereof is killed or severely\\ninjured thereby or escapes death or injury by the use of a parachute,\\nneither such aircraft nor any part of it shall be destroyed or removed\\nbefore the expiration of twenty-four hours thereafter without the\\npermission of an inspector of the federal aviation agency or an\\ninvestigator of the civil aeronautics board or a member of the state\\npolice or of a sheriff or regular deputy sheriff; and if, before it is\\ndestroyed or removed, such an inspector or member of the state police or\\nsheriff or deputy sheriff shall appear at the scene of the wreck for the\\npurpose of examining the aircraft it shall not be destroyed or removed\\nuntil the examination is completed provided the examination be completed\\nwithin forty-eight hours of the time that the aircraft fell or landed.\\nThis section shall not prevent or postpone the destruction or removal of\\na wrecked aircraft lying in a public street or highway in a position\\nthat causes a blockade of traffic, or lying in a navigable waterway in a\\nposition that impedes or imperils navigation, or which lands or falls on\\na building or structure, or in a case where the immediate destruction or\\nremoval of the aircraft is necessary to prevent injury to persons; but\\nsuch necessity in the case last mentioned, shall be a matter of defense\\nin any prosecution for a violation of this section. A person who\\ndestroys or removes, or causes to be destroyed or removed, a wrecked\\naircraft in violation of the provisions of this section is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "248", "title" : "Aircraft on Lake Mahopac, Lake Moraine, Lake George, and Lake Oscawana, Owasco Lake and Greenwood Lake prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "248", "activeDate" : "2014-09-22", "sequenceNo" : 380, "repealedDate" : null, "fromSection" : "248", "toSection" : "248", "text" : " § 248. Aircraft on Lake Mahopac, Lake Moraine, Lake George, and Lake\\nOscawana, Owasco Lake and Greenwood Lake prohibited. The taking off\\nfrom or landing upon the surface of Lake Mahopac in the town of Carmel\\nand county of Putnam, or upon the surface of Lake Moraine, also known as\\nMadison reservoir, in the town of Madison and county of Madison, except\\nwhen a landing and subsequent take off is necessary under actual\\ndistress conditions, and the operation of aircraft on or over the waters\\nof Lake George, and on or over the waters of Lake Oscawana in the town\\nof Putnam Valley, county of Putnam, or of Owasco Lake in the county of\\nCayuga or of Greenwood Lake in the town of Warwick, county of Orange for\\nthe carriage of passengers for hire, from and to points on such lakes or\\non the shores thereof, is a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "248-A", "title" : "Operation of aircraft on certain lakes in the town of Lewisboro, county of Westchester", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "248-A", "activeDate" : "2014-09-22", "sequenceNo" : 381, "repealedDate" : null, "fromSection" : "248-A", "toSection" : "248-A", "text" : " § 248-a. Operation of aircraft on certain lakes in the town of\\nLewisboro, county of Westchester. No aircraft may take off from or land\\nupon the surface of Lakes Waccabuc, Oscaleta, Truesdale and Rippowan, in\\nthe town of Lewisboro and Lake Kitchawan, in the towns of Lewisboro and\\nPound Ridge, and county of Westchester, except when a landing and\\nsubsequent take-off is necessary under actual distress conditions.\\n A violation of the provisions of this section is a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "249", "title" : "Location of privately-owned airports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "249", "activeDate" : "2014-09-22", "sequenceNo" : 382, "repealedDate" : null, "fromSection" : "249", "toSection" : "249", "text" : " § 249. Location of privately-owned airports. 1. Legislative findings\\nand purpose. The continuing development and the rapid growth of air\\ntransportation and the use of aircraft for various purposes, both\\ncommercial and private, during the last twenty years, has substantially\\ncontributed to the economic betterment, well-being and recreational\\nenjoyment of the people of the state. The increased number, size and\\ngrowth of airports resulting from operational requirements of newer and\\nlarger aircraft operating more frequently has brought about a conflict\\nof land use. This is of particular concern to the state in major public\\nworks construction such as highways, public buildings and facilities.\\nThere is authority for municipalities to control the establishment or\\nimprovement of publicly-owned airports and landing areas so as to assure\\ncoordination between developments in the field of public works.\\nUncontrolled establishment of privately-owned airports and landing areas\\ncould seriously impair the existing federal-state highway program.\\nFederal-aid highway funds may not be used for reconstruction or\\nrelocation of any highway, the usefulness of which may be impaired by\\nthe location or extension of an airport. This activity also presents\\nmajor problems for municipalities particularly where the airport or\\noperations therefrom span more than one municipality.\\n The legislature, therefore, finds that in order to meet the problems\\nof local government in the establishment of privately-owned airports and\\nlanding areas and to insure coordination between developments in the\\nfield of public works that certain criteria be met in the location of or\\nextension of a privately-owned airport or landing area.\\n 2. Definitions. When used in this section:\\n a. Airport means both an airport and landing area as defined in\\nsection two hundred forty of this article.\\n b. Airport improvement means the extension, alteration, addition to or\\nrealignment of the runways of an existing privately-owned airport or the\\nmodification in any way of the landing and take-off directions at such a\\nprivately-owned airport.\\n 3. Approval of privately-owned airports. No person shall hereafter\\nestablish a privately-owned airport or make an airport improvement to an\\nexisting privately-owned airport except by authorization of the\\ngoverning body of the city, village or town in which such airport or any\\npart thereof is proposed to be established or improved. The governing\\nbody of a city, village or town shall not authorize the establishment of\\nsuch an airport or an airport improvement at a requested location unless\\nin accordance with the standards prescribed by the commissioner of\\ntransportation. The local governing body of a city, village or town\\nshall, prior to granting such authorization, request the commissioner of\\ntransportation to determine whether or not the establishment of such a\\nprivately-owned airport improvement complies with his standards. In\\norder to make such a determination of compliance, the commissioner of\\ntransportation must first make findings of fact (1) that operations of\\nsuch airport will not conflict with or affect the safety of public\\nbuildings or facilities, or operations on public highways or waterways;\\nand (2) that the volume, character and direction of traffic at such\\nairport will not constitute a menace to the safety of operations at\\nother airports in the vicinity. Approval for the establishment of such\\nan airport or airport improvement may be subject to any reasonable\\nconditions which the commissioner of transportation may deem necessary\\nto effectuate the purposes of this section.\\n 4. Hearings. In connection with his determination as to whether the\\nestablishment of a privately-owned airport or an airport improvement as\\ndefined in this section complies with his standards the commissioner of\\ntransportation may on his own motion or upon the request of an affected\\nor interested person or of the governing body of the city, village or\\ntown requesting such determination of compliance, hold a hearing as\\nprovided in subdivision five below.\\n 5. Investigations, hearings. The commissioner of transportation or any\\nofficer or employee of the department of transportation designated by\\nthe commissioner of transporation, shall have the power to conduct\\ninvestigations and inquiries and to hold hearings concerning matters\\ncovered by this act and the rules, regulations and orders of the\\ncommissioner of transportation. Hearings shall be held upon such call or\\nnotice as the commissioner of transportation or his duly designated\\nrepresentative shall deem advisable. The commissioner of transportation\\nand each person designated by him to conduct any investigation or\\ninquiry, or to hold any hearing shall have the power to administer oaths\\nand affirmations, certify to all official acts, issue subpoenas, and\\norder the attendance and testimony of witnesses and the production of\\nbooks, papers and documents. In the case of the failure of any person to\\ncomply with any subpoena or order issued under the authority of this\\nsection, the commissioner of transportation or his authorized\\nrepresentative may invoke the aid of any court of general jurisdiction\\nof this state. The court may thereupon order such person to comply with\\nthe requirements of the subpoena or order to give evidence touching the\\nmatter in question. Failure to obey the order of the court may be\\npunished by the court as a contempt thereof.\\n 6. Rules and regulations. The commissioner of transportation is\\nauthorized to adopt such rules and regulations as may be necessary for\\nthe proper administration and enforcement of the provisions of this\\nsection, but not inconsistent therewith, and to amend or repeal any of\\nsuch rules and regulations.\\n 7. Delegation of powers. The commissioner of transportation may,\\nexcept as to rule-making powers, by a writing filed in the office of the\\ndepartment designate any officer or employee of the department of\\ntransportation to carry out his duties under this section.\\n 8. Nothing in this section shall be construed to deny the governing\\nbody of any city, village or town the right to perform any lawful\\nregulatory activity relating to privately-owned airports, which is not\\nwithin the purposes or scope of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "250", "title" : "Service of summons on nonresidents or residents who depart from state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "250", "activeDate" : "2014-09-22", "sequenceNo" : 383, "repealedDate" : null, "fromSection" : "250", "toSection" : "250", "text" : " § 250. Service of summons on nonresidents or residents who depart from\\nstate. 1. The use or operation by a nonresident of an aircraft within or\\nabove this state, or the use or operation of an aircraft within or above\\nthis state in the business of a nonresident, or the use or operation\\nwithin or above this state of an aircraft owned by a nonresident, if so\\nused or operated with his permission, express or implied, shall be\\ndeemed equivalent to an appointment by such nonresident of the secretary\\nof state to be his true and lawful attorney upon whom may be served the\\nsummons in any action against him, growing out of any accident or\\ncollision in which such nonresident may be involved while using or\\noperating an aircraft or in which such aircraft may be involved while\\nbeing used or operated in this state in the business of such nonresident\\nor with the permission, express or implied, of such nonresident owner,\\nand in which death is occasioned or injuries to person or property are\\nsustained, in this state; and such use or operation shall be deemed a\\nsignification of his agreement that any such summons against him which\\nis so served shall be of the same legal force and validity as if served\\non him personally within the state and within the territorial\\njurisdiction of the court from which the summons issues, and that such\\nappointment of the secretary of state shall be irrevocable and binding\\nupon his executor or administrator. Where such nonresident has died\\nprior to the commencement of an action brought pursuant to this section,\\nservice of process shall be made on the executor or administrator of\\nsuch nonresident in the same manner and on the same notice as is\\nprovided in the case of the nonresident himself. Where an action has\\nbeen duly commenced under the provisions of this section by service upon\\na nonresident who dies thereafter, the court must allow the action to be\\ncontinued against his executor or administrator upon motion with such\\nnotice as the court deems proper.\\n 2. A summons in an action described in this section may issue in any\\ncourt in the state having jurisdiction of the subject matter and be\\nserved as hereinafter provided. Service of such summons shall be made by\\nmailing a copy thereof to the secretary of state at his office in the\\ncity of Albany, or by personally delivering a copy thereof to one of his\\nregularly established offices, with a fee of ten dollars, and such\\nservice shall be sufficient service upon such nonresident provided that\\nnotice of such service and a copy of the summons and complaint are\\nforthwith sent by or on behalf of the plaintiff to the defendant by\\nregistered mail with return receipt requested. The plaintiff shall file\\nwith the clerk of the court in which the action is pending, or with the\\njudge or justice of such court in case there be no clerk, an affidavit\\nof compliance herewith, a copy of the summons and complaint, and either\\na return receipt purporting to be signed by the defendant or a person\\nqualified to receive his registered mail, in accordance with the rules\\nand customs of the post office department; or, if acceptance was refused\\nby the defendant or his agent, the original envelope bearing a notation\\nby the postal authorities that receipt was refused, and an affidavit by\\nor on behalf of the plaintiff that notice of such mailing and refusal\\nwas forthwith sent to the defendant by ordinary mail. Where the summons\\nis mailed to a foreign country, other official proof of the delivery of\\nthe mail may be filed in case the post office department is unable to\\nobtain such a return receipt. The foregoing papers shall be filed within\\nthirty days after the return receipt or other official proof of delivery\\nor the original envelope bearing a notation of refusal, as the case may\\nbe, is received by the plaintiff. Service of process shall be complete\\nwhen such papers are filed. The return receipt or other official proof\\nof delivery shall constitute presumptive evidence that the summons\\nmailed was received by the defendant or a person qualified to receive\\nhis registered mail; and the notation of refusal shall constitute\\npresumptive evidence that the refusal was by the defendant or his agent.\\nService of such summons also may be made by mailing a copy thereof to\\nthe secretary of state at his office in the city of Albany, or by\\npersonally delivering a copy thereof to one of his regularly established\\noffices, with a fee of ten dollars, and by delivering a duplicate copy\\nthereof, with a complaint annexed thereto, to the defendant personally\\nwithout the state by a resident or citizen of the state of New York or a\\nsheriff, under-sheriff, deputy-sheriff or constable of the county or\\nother political subdivision in which the personal service is made, or an\\nofficer authorized by the laws of this state, to take acknowledgments of\\ndeeds to be recorded in this state, or an attorney and/or counselor at\\nlaw, solicitor, advocate or barrister duly qualified to practice in the\\nstate or country where such service is made, or by a United States\\nmarshal or deputy United States marshal. Proof of personal service\\nwithout the state shall be filed with the clerk of the court in which\\nthe action is pending within thirty days after such service. Personal\\nservice without the state is complete when proof thereof is filed. The\\ncourt in which the action is pending may order such extensions as may be\\nnecessary to afford the defendant reasonable opportunity to defend the\\naction.\\n 3. The provisions of this section shall also apply (a) to a resident\\nwho departs from the state subsequent to the accident or collision and\\nremains absent therefrom for thirty days continuously, whether such\\nabsence is intended to be temporary or permanent, and to any executor or\\nadministrator of such resident, and (b) to an executor or administrator\\nof a resident if such executor or administrator is a nonresident or if,\\nbeing a resident, he departs from the state and remains absent therefrom\\nfor thirty days continuously, whether such absence is intended to be\\ntemporary or permanent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "251", "title" : "Liability of an owner of aircraft", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251", "activeDate" : "2014-09-22", "sequenceNo" : 384, "repealedDate" : null, "fromSection" : "251", "toSection" : "251", "text" : " § 251. Liability of an owner of aircraft. 1. Except as provided in\\nsubdivision three every owner of an aircraft shall be liable and\\nresponsible for death occasioned or injuries to person or property\\nsustained, within or above this state, as a result of the use or\\noperation of the aircraft in the business of the owner or otherwise, by\\nany person using or operating the aircraft with the permission, express\\nor implied, of such owner, in any case where the person using or\\noperating the aircraft, or his estate, would be liable for such death or\\ninjuries.\\n 2. As used in this section, \"owner\" means any person (other than a\\nlien holder or, in the cases hereinafter described, a secured party)\\nhaving the property in or title to an aircraft, and also any lessee or\\nbailee having the exclusive use thereof, under a lease or otherwise, for\\na period of thirty days or more, and their liability under this section,\\nwhere both are liable, shall be joint and several. If an aircraft be\\nsold under a contract which reserves a security interest in the aircraft\\nin favor of the vendor, such vendor or his assignee shall not, after\\ndelivery of such aircraft, be deemed an owner within the provisions of\\nthis section, but the vendee or his assignee, receiving possession\\nthereof, shall be deemed such owner notwithstanding the terms of such\\ncontract, until the vendor or his assignee shall retake possession of\\nsuch aircraft. A secured party in whose favor there is a security\\ninterest in an aircraft out of his possession shall not, by reason of\\nsuch security interest, be deemed an owner within the provisions of this\\nsection.\\n 3. Subdivision one of this section shall not apply where the\\npermission to use or operate the aircraft is the permission of the\\nlessor, expressed or implied, in a bona fide lease of the aircraft for a\\nperiod of thirty days or more, that the aircraft be used or operated by\\nthe lessee or by persons using or operating it with the permission of\\nthe lessee.\\n 4. All bonds executed by or policies of insurance issued to the owner\\nof an aircraft shall contain a provision for indemnity or security\\nagainst the liability and responsibility provided in this section; but\\nthis provision shall not be construed as requiring that such policy\\ninclude insurance against any liability of the insured, being an\\nindividual, for death of or injuries to his or her spouse or for injury\\nto property of his or her spouse.\\n 5. This section does not relieve an owner of aircraft from liability\\nunder any other statute or rule of law or affect the liability of the\\nperson using or operating the aircraft.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "251-A", "title" : "Notice of insurance coverage in aircraft rental agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251-A", "activeDate" : "2014-09-22", "sequenceNo" : 385, "repealedDate" : null, "fromSection" : "251-A", "toSection" : "251-A", "text" : " § 251-a. Notice of insurance coverage in aircraft rental agreements.\\nIn addition to the requirements prescribed in section two hundred\\nfifty-one of this article relating to liability of an owner of an\\naircraft:\\n 1. Every person who, in the ordinary course of such person's business,\\nrents an aircraft to another person, shall deliver to such renter a\\nwritten notice stating the nature and extent of insurance coverage\\nprovided, if any, for the renter against loss of or damage to the hull\\nof the aircraft, or against liability arising out of the ownership,\\nmaintenance or use of the aircraft; such notice shall contain the name\\nof the person giving the notice, and shall be in substantially the\\nfollowing form:\\n NOTICE OF INSURANCE COVERAGE\\n As a renter of aircraft, you are hereby notified that:\\n (1) You (are) (are not) (strike phrase not applicable) insured under a\\npolicy or policies of insurance provided by the undersigned and\\nproviding liability coverage to renters of aircraft. If coverage is\\nprovided, it is in the following amount or amounts:\\n$________________________.\\n (a) The above insurance is subject to a deductible amount of\\n$____________________.\\n (2) You (are) (are not) (strike phrase not applicable) insured for\\nhull damage to the aircraft. If hull insurance is provided, it is in the\\namount of $________________.\\n (a) The above insurance is subject to a\\ndeductible amount of $________________.\\n (3) Although insurance may be provided for liability and/or hull\\ncoverage, the undersigned's insurance carrier has full rights to\\nsubrogate against you for any payments it may be required to make on\\naccount of any damage or loss arising out of your operation of the\\naircraft. It is suggested that you carry insurance to protect you to\\npartially or fully cover this possibility.\\n _____________________________\\n (Signature of Person or Officer\\n of Company Renting Aircraft)\\nDated_________________, 19_____\\n(Month) (Day) (Year)\\n 2. The notice delivered pursuant to subdivision one of this section\\nshall constitute a material part of any rental agreement, and each\\nrenter shall give written acknowledgement of receipt of such notice.\\n 3. Delivery of the above notice to a renter shall cover all future\\nrentals, unless the insurance coverage set forth in the original notice\\nhas been reduced or eliminated.\\n 4. Copies of the notices provided for in subdivision one of this\\nsection shall be maintained by the owner for a period of three years\\nfrom the last date that the renter has rented an aircraft from such\\nowner.\\n 5. Whoever fails to deliver the notice in accordance with the\\nprovisions of subdivision one of this section shall be fined not less\\nthan one hundred dollars nor more than five hundred dollars for a first\\noffense, and not less than five hundred dollars nor more than one\\nthousand dollars for a second or subsequent offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "251-B", "title" : "Flight school background checks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251-B", "activeDate" : "2014-09-22", "sequenceNo" : 386, "repealedDate" : null, "fromSection" : "251-B", "toSection" : "251-B", "text" : " § 251-b. Flight school background checks. 1. For the purposes of this\\nsection:\\n \"Criminal history information\" shall mean a record of all convictions\\nof crimes maintained on an individual by the division of criminal\\njustice services pursuant to paragraph (c) of subdivision four of\\nsection eight hundred thirty-seven of the executive law.\\n 2. (a) Any aeronautical facility, flight school or institution of\\nhigher learning offering air or flight instruction shall require an\\napplicant for such instruction to provide criminal history information,\\nas required in this section, to the division of criminal justice\\nservices.\\n (b) An aeronautical facility, flight school or institution of higher\\nlearning shall request and is authorized to receive from the division of\\ncriminal justice services criminal history information concerning each\\nnew and prospective applicant for flight instruction, and to consider\\nsuch information in accordance with article twenty-three-A of the\\ncorrection law, subject to the following restrictions:\\n (i) an aeronautical facility, flight school or institution of higher\\nlearning shall designate one person in its employ who shall be\\nauthorized to request, receive and review criminal history information,\\nand only such person and the new or prospective applicant to which the\\ncriminal history information relates shall have access to such\\ninformation; provided, however, that criminal history information may be\\ndisclosed to other personnel authorized by the aeronautical facility,\\nflight school or institution of higher learning who are empowered by\\nsuch aeronautical facility, flight school or institution of higher\\nlearning to make decisions concerning new or prospective applicants and\\nprovided further that such other personnel shall also be subject to the\\nconfidentiality requirements and all other provisions of this section.\\nAn aeronautical facility, flight school or institution of higher\\nlearning shall notify the division of criminal justice services of each\\nperson authorized to have access to criminal history information\\npursuant to this section. The division of criminal justice services is\\nauthorized to exchange fingerprint data and criminal background\\ninformation with and receive criminal history record background\\ninformation from the federal bureau of investigation for use in\\nperforming background checks;\\n (ii) an aeronautical facility, flight school or institution of higher\\nlearning requesting criminal history information pursuant to this\\nsection shall do so by completing a form developed for such purpose by\\nthe division of criminal justice services. Such form shall include a\\nsworn statement of the person designated by the aeronautical facility,\\nflight school or institution of higher learning to request, receive and\\nreview criminal history information pursuant to subparagraph (i) of this\\nparagraph certifying that (1) the person whose criminal history\\ninformation is requested is not presently enrolled but has applied to be\\na flight student; (2) such criminal history information will be used by\\nthe aeronautical facility, flight school or institution of higher\\nlearning solely for purposes authorized by this section; and (3) the\\naeronautical facility, flight school or institution of higher learning\\nand its staff are aware of and will abide by the confidentiality\\nrequirements and all other provisions of this section; and\\n (iii) the person designated by an aeronautical facility, flight school\\nor institution of higher learning for receipt of criminal history\\ninformation pursuant to subparagraph (i) of this paragraph shall upon\\nreceipt immediately mark such criminal history information\\n\"confidential\", and shall at all times maintain such criminal history\\ninformation in a secure place. Any person who willfully permits the\\nrelease of any confidential criminal history information contained in\\nthe report to persons not permitted by this section to receive such\\ninformation shall be guilty of a misdemeanor. Any unauthorized\\ndisclosure of fingerprints or criminal history information obtained by\\nan aeronautical facility, flight school or institution of higher\\nlearning pursuant to this section shall also entitle the subject of such\\nfingerprints or criminal history information to recover from the\\naeronautical facility, flight school or institution of higher learning a\\ncivil award of damages resulting from such unauthorized disclosure,\\ntogether with costs and reasonable attorney's fees.\\n 3. To the extent permitted by law, an aeronautical facility, flight\\nschool or institution of higher learning may request from a new or\\nprospective flight student a statement of his or her prior criminal\\nconvictions in this state or any other jurisdiction. Prior to requesting\\ncriminal history information concerning any new or prospective flight\\nstudent, each aeronautical facility, flight school or institution of\\nhigher learning shall:\\n (a) inform the new or prospective flight student in writing that the\\naeronautical facility, flight school or institution of higher learning\\nis required to request his or her criminal history information from the\\ndivision of criminal justice services and review such information\\npursuant to this section;\\n (b) inform the new or prospective flight student that before the\\naeronautical facility, flight school or institution of higher learning\\nrequests such criminal history information, the new or prospective\\nflight student has the right to obtain, review and seek correction of\\nhis or her criminal history information pursuant to regulations and\\nprocedures established by the division of criminal justice services;\\n (c) obtain the signed informed consent of the new or prospective\\nflight student on a form supplied by the division of criminal justice\\nservices which indicates that such person has:\\n (i) been informed of the right and procedures necessary to obtain,\\nreview and seek correction of his or her criminal history information;\\n (ii) been informed of the reason for the request for his or her\\ncriminal history information;\\n (iii) consented to such request; and\\n (d) upon receiving such written consent, obtain the fingerprints of\\nsuch new or prospective flight student pursuant to regulations\\nestablished by the division of criminal justice services.\\n 4. A new or prospective flight student may withdraw from the\\napplication process, without prejudice, at any time regardless of\\nwhether or not he or she has reviewed his or her criminal history\\ninformation or the aeronautical facility, flight school or institution\\nof higher learning has received criminal history information. Where a\\nnew or prospective flight student withdraws from the application\\nprocess, any fingerprints and criminal history information concerning\\nsuch new or prospective flight student received by the aeronautical\\nfacility, flight school or institution of higher learning shall, within\\nninety days, be returned to such new or prospective flight student by\\nthe person designated for receipt of criminal history information\\npursuant to paragraph (b) of subdivision two of this section.\\n 5. In all cases the fingerprints and criminal history information\\nconcerning a new or prospective flight student shall be returned after\\nninety days to such person by the person designated for receipt of\\ncriminal history information upon the denial of an application for\\nenrollment or instruction at such aeronautical facility, flight school\\nor institution of higher learning.\\n 6. Within fifteen business days after receiving a request for criminal\\nhistory information pursuant to this section, the commissioner of the\\ndivision of criminal justice services shall review such criminal history\\ninformation and, in accordance with article twenty-three-A of the\\ncorrection law, determine whether clearance for such instruction shall\\nbe granted or denied. Such commissioner shall promptly notify the new or\\nprospective student and the aeronautical facility, flight school or\\ninstitution of higher education of his or her determination in this\\nregard.\\n 7. If such clearance is granted, the division of criminal justice\\nservices shall promptly provide requested criminal history information\\nand return fingerprints to the aeronautical facility, flight school or\\ninstitution of higher learning.\\n 8. No applicant shall be permitted to receive air or flight\\ninstruction from an aeronautical facility, flight school or institution\\nof higher learning unless the division of criminal justice services\\nprovides written notification to the chief administrative officer of the\\naeronautical facility, flight school or institution of higher learning\\nof the commissioner of the division of criminal justice services'\\ndetermination that the applicant may receive such instruction.\\n 9. The commissioner of the division of criminal justice services shall\\npromulgate all rules and regulations necessary to implement the\\nprovisions of this section, which shall include convenient procedures\\nfor new and prospective flight students to promptly verify the accuracy\\nof their criminal history information and, to the extent authorized by\\nlaw, to have access to relevant documents related thereto.\\n 10. No cause of action for damages against an aeronautical facility,\\nflight school or institution of higher learning shall exist when an\\naeronautical facility, flight school or institution of higher learning\\nhas reasonably and in good faith relied upon the accuracy and\\ncompleteness of a criminal history report furnished pursuant to this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "251-C", "title" : "Disqualification of a flight instruction school applicant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251-C", "activeDate" : "2014-09-22", "sequenceNo" : 387, "repealedDate" : null, "fromSection" : "251-C", "toSection" : "251-C", "text" : " § 251-c. Disqualification of a flight instruction school applicant. An\\napplicant to an aeronautical facility, flight school or institution of\\nhigher learning shall be disqualified from receiving air or flight\\ninstruction if, after reviewing criminal history information on the\\napplicant and applying the criteria set forth in article twenty-three-A\\nof the correction law, the commissioner of the division of criminal\\njustice services or the authorized official of the aeronautical\\nfacility, flight school or institution of higher education determines\\nthat the individual should not be permitted to receive such instruction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A15", "title" : "Specious Cash Sales", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15", "activeDate" : "2014-09-22", "sequenceNo" : 388, "repealedDate" : null, "fromSection" : "252", "toSection" : "255", "text" : " ARTICLE 15\\n SPECIOUS CASH SALES\\nSection 252. Definitions.\\n 253. Consumer defenses.\\n 254. Creditor relationship.\\n 255. (Enacted without section heading).\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "252", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "252", "activeDate" : "2014-09-22", "sequenceNo" : 389, "repealedDate" : null, "fromSection" : "252", "toSection" : "252", "text" : " § 252. Definitions. For purposes of this article:\\n (a) The term \"consumer\" means an individual.\\n (b) The term \"creditor' means a person regularly engaged in the\\nbusiness of making loans.\\n (c) The term \"seller\" means a person who sells or agrees to sell\\npersonal property or furnishes or renders or agrees to furnish or render\\nservices.\\n (d) The term \"consumer loan\" means a loan of money by a creditor to a\\nconsumer for which the consumer's obligation is payable in installments\\nor for which a finance or other charge is or may be imposed.\\n (e) The term \"consumer sale\" means a sale by a seller to a consumer of\\npersonal property or services for personal, family or household\\npurposes.\\n (f) The term \"person related to the seller\" means with respect to an\\nindividual seller:\\n (1) the spouse of the seller;\\n (2) a brother, brother-in-law, sister or sister-in-law of the seller;\\n (3) an ancestor or lineal descendant of the seller or his spouse; and\\n (4) any other relative, by blood or marriage of the seller or his\\nspouse who shares a residence with the seller.\\n (g) The term \"person related to the seller\" means with respect to any\\nother seller:\\n (1) a person directly or indirectly controlling, controlled by or\\nunder common control with the seller;\\n (2) an officer or director of the seller, or a person performing\\nsimilar functions with respect to the seller; the spouse of any such\\nperson; and any other relative by blood or marriage of any such person\\nwho shares a residence with such person.\\n (h) A creditor who is not an individual shall be a \"person related to\\nthe seller\" if an officer of the creditor or a person performing similar\\nfunctions, whose duties include participation in or supervision over the\\nconsumer loan the proceeds of which were primarily used in the consumer\\nsale, is a person related to the seller under (f) and (g) of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "253", "title" : "Consumer defenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "253", "activeDate" : "2014-09-22", "sequenceNo" : 390, "repealedDate" : null, "fromSection" : "253", "toSection" : "253", "text" : " § 253. Consumer defenses. A creditor, who made a consumer loan the\\nproceeds of which were primarily used in a consumer sale, shall be\\nsubject to all of the defenses of a consumer arising from such consumer\\nsale, provided that the creditor knowingly participated in or was\\ndirectly connected with such consumer sale. The creditor's liability\\nunder this article shall not exceed the amount owing to the creditor at\\nthe time the defenses of the consumer are asserted against the creditor.\\nRights of the consumer under this article can only be asserted as a\\nmatter of defense to or set-off against a claim by the creditor. The\\ncreditor shall be subrogated to the rights of the consumer arising from\\nthe consumer sale and shall have recourse against the seller to the\\nextent of any liability incurred by the creditor pursuant to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "254", "title" : "Creditor relationship", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "254", "activeDate" : "2014-09-22", "sequenceNo" : 391, "repealedDate" : null, "fromSection" : "254", "toSection" : "254", "text" : " § 254. Creditor relationship. Without limiting the scope of section\\ntwo hundred fifty-three, there shall be a rebuttable presumption that\\nthe creditor shall have knowingly participated in or shall have been\\ndirectly connected with a consumer sale if:\\n (a) the creditor is a person related to the seller; or\\n (b) the seller prepared forms or documents used to evidence or secure\\nthe consumer loan; or\\n (c) the creditor supplied forms to the seller which were used by the\\nconsumer to apply for, evidence or secure the consumer loan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "255", "title" : "The provisions of this article shall not apply to consumer sales made pursuant to article nine of the personal property law, credit card ...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "255", "activeDate" : "2014-09-22", "sequenceNo" : 392, "repealedDate" : null, "fromSection" : "255", "toSection" : "255", "text" : " § 255. The provisions of this article shall not apply to consumer\\nsales made pursuant to article nine of the personal property law, credit\\ncard transactions, consumer sales of personal property or services which\\ncould require or entail the execution of a promissory note pursuant to\\nsection four hundred three of the personal property law, or transactions\\ninvolving the purchase of an automobile.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A16", "title" : "Ice", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 393, "repealedDate" : null, "fromSection" : "260", "toSection" : "265", "text" : " ARTICLE 16\\n ICE\\nSection 260. Cutting and harvesting ice by adjoining proprietors.\\n 261. Protection of rights.\\n 262. Center of river defined.\\n 263. Catskill creek.\\n 264. Mohawk basin, at Green Island.\\n 265. Ice cutting and ice bridges.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "260", "title" : "Cutting and harvesting ice by adjoining proprietors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "260", "activeDate" : "2014-09-22", "sequenceNo" : 394, "repealedDate" : null, "fromSection" : "260", "toSection" : "260", "text" : " § 260. Cutting and harvesting ice by adjoining proprietors. Whenever\\nthe owner or lessee of lands bordering upon the Hudson river shall\\nrequire the ice formed in said river between the center thereof and said\\nlands for the purpose of filling any icehouse now erected, or which may\\nat the time of the formation of such ice hereafter be erected on any\\nsuch lands adjoining the same, such owner or lessee of said lands and\\nicehouses shall have the exclusive privilege of cutting and harvesting\\nall the ice so formed in said river in front of and adjacent to said\\nlands and between the same and the center of said river; provided such\\nowner or lessee shall have indicated his intention of exercising such\\nprivilege by staking out so much of said ice as shall be required for\\nsaid purpose, which said staking out shall not be required to be done\\nuntil the ice has attained a thickness of four inches; and provided,\\nalso, such owner or lessee shall surround the cuttings and openings made\\nwith fences of bushes or other safeguards to warn all persons of such\\ncuttings and openings. And, whenever any icehouse is located on an\\nisland in said river, this article shall apply to all ice formed\\nopposite the shores of such island in both channels into which said\\nriver shall be divided by such island, subject to the provision\\nhereinafter contained; and it shall not be lawful for any person other\\nthan the owner or lessee of such lands and icehouses, whether located on\\nthe banks of the river or on such island, to take possession of or cut\\nthe ice so staked out in said river or channel between the center\\nthereof and his lands, and the same is prohibited after such owner or\\nlessee shall have complied with the foregoing requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "261", "title" : "Protection of rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "261", "activeDate" : "2014-09-22", "sequenceNo" : 395, "repealedDate" : null, "fromSection" : "261", "toSection" : "261", "text" : " § 261. Protection of rights. Whenever such ice shall have been so\\nstaked out, all ice lying between the center of the said river, as\\nhereinafter defined, and such lands, or so much thereof as shall be\\nrequired for the purpose of filling the icehouse erected thereon, as\\naforesaid, shall be and become the personal property of the owner or\\nlessee of such lands and icehouses, and any person trespassing upon or\\ntaking the same for commercial purposes or otherwise, shall be liable to\\nsuch owner or lessee for the value of the ice so taken, and for any\\ndamage, in like manner as for an injury done to any other property, and\\nan action may be maintained for a permanent injunction, or for the value\\nof the ice so taken, or for any damage; and a temporary injunction may\\nbe granted, restraining any defendant from trespassing upon or taking\\nthe said ice for commercial purposes or otherwise, pending the\\ndetermination of the action. Nothing contained in this article,\\nhowever, shall be construed as in any manner affecting, impairing or\\ninterfering with the right of any owner, lessee or occupant of lands\\nbordering upon or adjacent to the Hudson river or Catskill creek to the\\nunrestricted use of the premises owned, leased or occupied by him for\\nany lawful purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "262", "title" : "Center of river defined", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "262", "activeDate" : "2014-09-22", "sequenceNo" : 396, "repealedDate" : null, "fromSection" : "262", "toSection" : "262", "text" : " § 262. Center of river defined. The center of such river is hereby\\ndefined to be a line halfway between low-water mark on the east bank and\\nlow-water mark on the west bank of such river. Where an island\\nintervenes, having an icehouse or icehouses thereon, the center of the\\nriver, for the purpose of this article, is hereby defined to be a line\\nin each channel into which said river is thereby divided, halfway\\nbetween low-water mark along the shore of such island bordering upon\\nsuch channel and the banks of such river opposite such island. Where\\nthere are, or shall be, dykes erected along both banks of said river, or\\nalong either shore of such island and also along the bank of said river,\\nopposite thereto, the center of said river is hereby defined to be a\\nline halfway between said dykes. Where there is, or shall be erected, a\\ndyke along one shore of such island, or along one bank of said river\\nonly, the center of said river is hereby defined to be a line halfway\\nbetween said dyke and low-water mark along the opposite bank of said\\nriver, or along the opposite shore of such island, where an island\\nintervenes. Nothing in this article shall be construed to deprive the\\npublic from the right to travel or drive over such ice for any or all\\nlegitimate purposes whatever.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "263", "title" : "Catskill creek", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "263", "activeDate" : "2014-09-22", "sequenceNo" : 397, "repealedDate" : null, "fromSection" : "263", "toSection" : "263", "text" : " § 263. Catskill creek. This article shall apply to lands bordering\\nupon navigable tide water of the Catskill creek.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "264", "title" : "Mohawk basin, at Green Island", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "264", "activeDate" : "2014-09-22", "sequenceNo" : 398, "repealedDate" : null, "fromSection" : "264", "toSection" : "264", "text" : " § 264. Mohawk basin, at Green Island. Whenever the owner or lessee of\\nlands contiguous to lands of the state bordering on the Mohawk basin at\\nGreen Island, and lying between the lands of such owner or lessee and\\nsuch basin, shall require the ice formed in such river between the\\ncenter thereof and such lands of the state for the purpose of filling\\nany icehouse now erected, or which may at the time of the formation of\\nsuch ice hereafter be erected, on such lands contiguous to such state\\nlands, such owner or lessee of such lands and icehouses shall have the\\nexclusive privilege, and without obtaining any permit under any\\nprovision of the canal law, of cutting and harvesting all the ice so\\nformed in such basin in said river in front of and adjacent to such\\nlands of the state between the same and the center of the basin, and\\nopposite such privately owned or leased lands; provided that the nearest\\nboundary of said land is not more than fifty (50) feet removed from the\\nshore line of the basin, and provided such owner or lessee shall have\\nindicated his intention of exercising such privilege by staking out so\\nmuch of said ice as shall be required for said purpose, which staking\\nout shall not be required before the ice has a thickness of four inches,\\nand provided, also, such owner or lessee shall surround any cuttings and\\nopenings with fences of bushes or other safeguards as a warning to all\\npersons. It shall not be lawful for any person other than the owner or\\nlessee of such lands and icehouses to take possession of or cut the ice\\nso staked out within the area covered by the privilege above granted,\\nand the same is prohibited after such owner or lessee shall have\\ncomplied with the foregoing requirements. The provisions of section two\\nhundred and sixty-one, relative to ice in the Hudson river, shall apply\\nto ice within the area staked out in the Mohawk basin by an owner or\\nlessee in compliance with the provisions of this section. This section\\nshall not apply to that portion of the land where the nearest boundary\\nrecedes more than fifty (50) feet from the shore line of the basin.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "265", "title" : "Ice cutting and ice bridges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "265", "activeDate" : "2014-09-22", "sequenceNo" : 399, "repealedDate" : null, "fromSection" : "265", "toSection" : "265", "text" : " § 265. Ice cutting and ice bridges. A person or corporation cutting\\nice in or upon any waters within the boundaries of this state for the\\npurpose of removing the ice for sale or use, must surround the cuttings\\nand openings made with fences or guards of boards or other material\\nsufficient to form an obstruction to the free passage of persons through\\nsuch fences or guards into the place where such ice is being cut. Such\\nfences or guards must be erected at or before the time of commencing the\\ncuttings or openings, and must be maintained until ice has again formed\\ntherein to the thickness of at least three inches, or until the ice\\nabout such openings has melted or broken up. Whoever omits to comply\\nwith this section is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A17", "title" : "Milk Cans", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "17", "activeDate" : "2019-01-11", "sequenceNo" : 400, "repealedDate" : null, "fromSection" : "270", "toSection" : "274", "text" : " ARTICLE 17\\n MILK CANS\\nSection 270. Unlawful detention of milk cans.\\n 271. Penalty and action to recover.\\n 272. Search warrant.\\n 273. Railroad or steamboat company may act as agent of owner.\\n 274. Assistance of police officer or constable.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "270", "title" : "Unlawful detention of milk cans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "270", "activeDate" : "2014-09-22", "sequenceNo" : 401, "repealedDate" : null, "fromSection" : "270", "toSection" : "270", "text" : " § 270. Unlawful detention of milk cans. No person shall, without the\\nconsent of the owner or shipper, or his agent, use, sell, dispose of,\\nbuy or traffic in any can, irrespective of its condition, or the use to\\nwhich it may have been applied, belonging to any dealer in or shipper of\\nmilk or cream in this state or which may be shipped to any town, village\\nor city in the state, which can has the name or initials of such owner,\\ndealer or shipper stamped, marked or fastened thereupon, or wilfully\\nmar, erase or change by re-marking or otherwise such name or initials.\\n If any person, without the consent of such owner, dealer or shipper,\\nor his agent, uses, sells, disposes of, buys, traffics in or has in his\\npossession or under his control any such can, it shall be presumptive\\nevidence that such use, sale, disposal, purchase, traffic or possession\\nis unlawful.\\n Any such owner, dealer or shipper, or his agent, may take possession\\nof any can used in violation of this article wherever found, and if\\nfilled or partly filled with milk or cream, and the person in whose\\npossession it is found does not, when requested, immediately empty the\\nsame, such owner, dealer or shipper, or his agent, may empty the same\\ninto the street or elsewhere, and shall not be liable for damages for\\nany act done pursuant to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "271", "title" : "Penalty and action to recover", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "271", "activeDate" : "2014-09-22", "sequenceNo" : 402, "repealedDate" : null, "fromSection" : "271", "toSection" : "271", "text" : " § 271. Penalty and action to recover. Any person violating any\\nprovision of this article shall forfeit to such owner or dealer or\\nshipper or his agent the sum of fifty dollars for every such violation,\\nand an action may be brought therefor in the name of any such agent\\nwithout joining the real party in interest that he represents, and in\\nany such action brought for any such violation different persons may be\\njoined as plaintiffs, whether jointly or severally interested therein,\\nand different persons may be joined as defendants therein who have\\nseverally violated any such provisions, and a recovery may be had in\\nfavor of one or more of such plaintiffs against one or more of such\\ndefendants.\\n Such action may be brought in a court of record having jurisdiction\\nthereof, and the place of trial thereof shall in such case be laid in\\nthe county where the defendant resides at the time of the commencement\\nthereof, or it may be brought in a justice court or other court not of\\nrecord having similar jurisdiction, in the town, city or county for\\nwhich such court is constituted and in which the defendant resides at\\nthe time of the commencement of the action. Any such action must be\\nbegun within one year after the cause of action accrued.\\n The civil court of the city of New York shall have jurisdiction over\\nactions brought under the provisions of this article against residents\\nof said city and such court and the judges thereof shall in such actions\\nhave and exercise all the powers now conferred by said article on courts\\nnot of record, and the sheriff of the city of New York and the marshals\\nof said city shall have to like extent the powers of constables provided\\nin said article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "272", "title" : "Search warrant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "272", "activeDate" : "2014-09-22", "sequenceNo" : 403, "repealedDate" : null, "fromSection" : "272", "toSection" : "272", "text" : " § 272. Search warrant. If at the time of the issue of the summons in a\\ncourt not of record, the plaintiff or his agent make affidavit that he\\nhas reason to believe and does believe that any defendant has any such\\ncan or cans secreted upon his premises, the justice or other magistrate\\nor court issuing the summons must, without requiring an undertaking,\\ngrant an order for the arrest of the defendant, which order shall also\\ncontain a direction to the officer to whom the same is issued, to\\nimmediately search the place or premises mentioned in said affidavit,\\nand if any such can or cans are there found, to bring the same together\\nwith the defendant or other persons in whose possession said can or cans\\nare found, before such justice, magistrate or court. The proceedings may\\nbe amended at any time by adding parties or otherwise as justice may\\nrequire; and the judgment may provide for the disposition of the can or\\ncans so found.\\n If upon the issue of any such process, the constable, or other\\nofficer, shall be unable to find the person or persons therein named,\\nbut shall find any can or cans, as therein set forth, he shall bring\\nsuch can or cans before such justice or magistrate, who shall thereupon\\nproceed to determine the right of such complainant thereto, and if upon\\nsuch hearing had thereon he shall be satisfied that such can or cans\\nrightfully belong to such complainant, or that he is entitled to the\\npossession thereof, he shall forthwith deliver the same into his\\npossession or the possession of his agent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "273", "title" : "Railroad or steamboat company may act as agent of owner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "273", "activeDate" : "2014-09-22", "sequenceNo" : 404, "repealedDate" : null, "fromSection" : "273", "toSection" : "273", "text" : " § 273. Railroad or steamboat company may act as agent of owner. The\\nseveral superintendents of the railroad companies, and the branches and\\nconnections thereof, and steamboat lines operating their roads or lines,\\nor any portion thereof, in this state shall have power to collect,\\ngather and take into possession from any person or whenever found\\nthereupon, any cans belonging to any such owner, dealer or shipper, and\\nreturn the same to such owner, dealer or shipper and may appoint an\\nagent for that purpose, and such superintendent and such agent appointed\\nby him shall have the same power and authority under this article as an\\nagent of such owner, dealer or shipper.\\n The certificate of such superintendent appointing such agent duly\\nacknowledged shall be presumptive evidence of the appointment and\\nauthority of such agent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "274", "title" : "Assistance of police officer or constable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "274", "activeDate" : "2019-01-11", "sequenceNo" : 405, "repealedDate" : null, "fromSection" : "274", "toSection" : "274", "text" : " § 274. Assistance of police officer or constable. Any person\\nauthorized by this article to seize and take into his or her possession\\nany such cans may, in case of resistance, call to his or her aid any\\npolice officer or constable of the town, village or city who shall when\\nso called on assist him or her in seizing or taking possession of such\\ncans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A17-A", "title" : "Filing of Names, Marks and Devices Used On Certain Vessels, Receptacles and Utensils", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "17-A", "activeDate" : "2014-09-22", "sequenceNo" : 406, "repealedDate" : null, "fromSection" : "275", "toSection" : "279-I", "text" : " ARTICLE 17-A\\n FILING OF NAMES, MARKS AND DEVICES USED ON CERTAIN VESSELS,\\n RECEPTACLES AND UTENSILS\\nSection 275. Definitions.\\n 276. Filing of statement.\\n 277. Certificate of filing.\\n 278. Filing under prior law.\\n 279. Assignment.\\n 279-a. Records.\\n 279-b. Cancellation.\\n 279-c. Deposits on vessels, receptacles or utensils.\\n 279-d. Prohibited acts.\\n 279-e. Penalties.\\n 279-f. Presumption.\\n 279-g. Search warrant to discover vessels, receptacles or\\n utensils.\\n 279-h. Construction.\\n 279-i. Saving clause.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "275", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "275", "activeDate" : "2014-09-22", "sequenceNo" : 407, "repealedDate" : null, "fromSection" : "275", "toSection" : "275", "text" : " § 275. Definitions. As used in this article:\\n (a) \"Name, mark or device\" means any word, name, symbol, picture,\\ndesign or any combination thereof, produced upon, and used by a person\\nto indicate ownership of vessels, receptacles or utensils.\\n (b) \"Person\" means any individual, firm, partnership, corporation,\\nassociation, union or other organization.\\n (c) \"Produced upon\" means branded, stamped, stenciled, engraved,\\netched, blown, embossed, impressed, or otherwise permanently placed upon\\nany vessel, receptacle or utensil.\\n (d) \"Vessels, receptacles and utensils\" include all packages and\\ncontainers and accessories used in selling or distributing any natural\\nor processed product, compound, mixture, or substance, or any\\ncombination thereof, and designed and intended for re-use by the person\\nfiling hereunder in the normal course of trade, and includes, but is not\\nlimited to, bottles, jars, milk or cream dispensers, siphons or siphon\\nheads, kegs, pails, cans and closures therefor, boxes, cases, crates,\\nfreezers, tubs, refrigeration boxes, blocks, moulds, trays, pans and\\ntanks.\\n (e) For purposes of this article, a name, mark or device is \"used in\\nthis state\" when it is produced upon the vessels, receptacles or\\nutensils and the vessels, receptacles or utensils are placed in the\\nchannels of trade.\\n (f) The use of the singular and plural shall be inclusive each of the\\nother to carry out the intent and purpose of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "276", "title" : "Filing of statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "276", "activeDate" : "2014-09-22", "sequenceNo" : 408, "repealedDate" : null, "fromSection" : "276", "toSection" : "276", "text" : " § 276. Filing of statement. A person who uses in this state a name,\\nmark or device to indicate ownership of vessels, receptacles or utensils\\nmay file in the office of the secretary of state, on a form to be\\nfurnished or approved by him, a statement subscribed by such person and\\naffirmed by him as true, under the penalties of perjury setting forth,\\nbut not limited to, the following information:\\n (a) The name and business address of the person filing the statement;\\nand, if a corporation, the state of incorporation.\\n (b) The nature of the business of the person filing.\\n (c) The type of vessels, receptacles and utensils in connection with\\nwhich the name, mark or device is used.\\n The statement shall include or be accompanied by a copy, specimen,\\nfacsimile or counterpart of such name, mark or device in quadruplicate,\\ntogether with a filing fee of fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "277", "title" : "Certificate of filing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "277", "activeDate" : "2014-09-22", "sequenceNo" : 409, "repealedDate" : null, "fromSection" : "277", "toSection" : "277", "text" : " § 277. Certificate of filing. Upon compliance with the requirements\\nof this article, the secretary of state shall cause a certificate to be\\nissued and delivered to the person filing the statement. The certificate\\nshall be issued over the signature of the secretary of state and the\\nseal of the department of state, and it shall show the name and business\\naddress of the person claiming ownership of the vessels, receptacles or\\nutensils upon which the name, mark or device is produced; the nature of\\nthe business of the person filing; the type of vessels, receptacles or\\nutensils on which the name, mark or device is produced and used; a copy,\\nspecimen, facsimile or counterpart of such name, mark or device as filed\\nin the secretary of state's office, or a reproduction thereof; and the\\nfiling date.\\n Any certificate issued under the provisions hereof and duly certified\\nby the secretary of state, or a certified copy of the statement filed,\\nshall be admissible in evidence in any action or judicial proceedings in\\nany court of this state as competent and sufficient proof of the filing\\npursuant to this article, and shall be prima facie evidence of the\\nownership by the person filing hereunder of all vessels, receptacles and\\nutensils upon which such name, mark or device is produced.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "278", "title" : "Filing under prior law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "278", "activeDate" : "2014-09-22", "sequenceNo" : 410, "repealedDate" : null, "fromSection" : "278", "toSection" : "278", "text" : " § 278. Filing under prior law. At the end of twelve months following\\nthe effective date of this article, the secretary of state shall cancel\\nall certificates issued under sections three hundred sixty and three\\nhundred sixty-one of article twenty-four of the general business law,\\nunless a new statement shall have been filed under this article;\\nprovided, however, that such certificates issued under such prior law\\nshall remain in full force and effect and shall be entitled to all of\\nthe benefits of this article during said twelve months' period or until\\nthe said statement has been filed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279", "title" : "Assignment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279", "activeDate" : "2014-09-22", "sequenceNo" : 411, "repealedDate" : null, "fromSection" : "279", "toSection" : "279", "text" : " § 279. Assignment. The certificate of the filing of any name, mark or\\ndevice under this article and the benefits obtained thereunder shall be\\nassignable with the sale of the vessels, receptacles or utensils on\\nwhich the same are produced and used. Assignments shall be made upon\\nforms supplied by the secretary of state, which shall be duly executed\\nand may be recorded upon the payment of a fee of fifty dollars payable\\nto the secretary of state who, after recording the assignment, may, upon\\nrequest of the assignee, issue in his name a new certificate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-A", "title" : "Records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-A", "activeDate" : "2014-09-22", "sequenceNo" : 412, "repealedDate" : null, "fromSection" : "279-A", "toSection" : "279-A", "text" : " § 279-a. Records. The secretary of state shall keep for public\\nexamination a record of all names, marks or devices filed under this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-B", "title" : "Cancellation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-B", "activeDate" : "2014-09-22", "sequenceNo" : 413, "repealedDate" : null, "fromSection" : "279-B", "toSection" : "279-B", "text" : " § 279-b. Cancellation. The secretary of state shall cancel from the\\nregister:\\n (1) Any certificate concerning which the secretary of state shall\\nreceive a voluntary request for cancellation thereof from the person\\nfiling or from the assignee;\\n (2) Any certificate in respect of which a court of competent\\njurisdiction shall order cancellation on any legal or equitable ground.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-C", "title" : "Deposits on vessels, receptacles or utensils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-C", "activeDate" : "2014-09-22", "sequenceNo" : 414, "repealedDate" : null, "fromSection" : "279-C", "toSection" : "279-C", "text" : " § 279-c. Deposits on vessels, receptacles or utensils. The requiring,\\ntaking, paying or accepting of any deposit for any purpose upon any\\nvessel, receptacle or utensil shall not be deemed to constitute a sale\\nof such property, either optional or otherwise, for the purposes of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-D", "title" : "Prohibited acts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-D", "activeDate" : "2014-09-22", "sequenceNo" : 415, "repealedDate" : null, "fromSection" : "279-D", "toSection" : "279-D", "text" : " § 279-d. Prohibited acts. It is hereby declared unlawful for any\\nperson to fill or use, to give, buy, take, destroy, sell or otherwise\\ndispose of, or traffic in, vessels, receptacles or utensils, upon which\\na name, mark or device which has been filed hereunder is produced, or\\nrefuse to return such vessel, receptacle or utensil on demand of the\\nowner, or to deface, erase, obliterate, cover up or otherwise remove or\\nconceal any such name, mark or device, unless in each case written\\nconsent of the owner is obtained or unless the vessels, receptacles or\\nutensils shall have been purchased from the said owner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-E", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-E", "activeDate" : "2014-09-22", "sequenceNo" : 416, "repealedDate" : null, "fromSection" : "279-E", "toSection" : "279-E", "text" : " § 279-e. Penalties. Any person offending against the provisions hereof\\nshall be deemed guilty of a misdemeanor, and shall be punished for the\\nfirst offense by imprisonment of not less than ten days nor more than\\none year, or by a fine of not less than one dollar nor more than five\\ndollars for each and every vessel, receptacle or utensil involved, or\\nboth; and for each subsequent offense by imprisonment of not less than\\ntwenty days or more than one year, or by a fine of not less than five\\ndollars nor more than ten dollars for each and every vessel, receptacle\\nor utensil involved, or both, in the discretion of the magistrate or\\ncourt before whom the offense shall be tried.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-F", "title" : "Presumption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-F", "activeDate" : "2014-09-22", "sequenceNo" : 417, "repealedDate" : null, "fromSection" : "279-F", "toSection" : "279-F", "text" : " § 279-f. Presumption. The possession by any junk dealer or dealer in\\nsecond-hand materials or articles, without the written consent of the\\nperson who filed hereunder or his assignee, of any vessels, receptacles\\nor utensils upon which a name, mark or device has been produced shall be\\npresumptive evidence of a violation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-G", "title" : "Search warrant to discover vessels, receptacles or utensils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-G", "activeDate" : "2014-09-22", "sequenceNo" : 418, "repealedDate" : null, "fromSection" : "279-G", "toSection" : "279-G", "text" : " § 279-g. Search warrant to discover vessels, receptacles or utensils.\\nWhenever any person who has filed under this article, or his authorized\\nagent, shall make oath before any magistrate or court of competent\\njurisdiction that he has reason to believe, and does believe, that a\\nviolation of this article is occurring with respect to one or some of\\nhis vessels, receptacles or utensils having produced thereon a name,\\nmark or device filed under this article, the said magistrate or court\\nmust thereupon issue a search warrant to discover and obtain the same.\\nThe said magistrate or court shall cause to be brought before him the\\nperson in whose possession the said vessels, receptacles or utensils are\\nfound and shall inquire into the circumstances of possession. If the\\nsaid magistrate or court finds that such person is guilty of any of the\\noffenses mentioned in this article, the punishment herein prescribed\\nshall be imposed and possession of the said vessels, receptacles or\\nutensils obtained upon the warrant shall be awarded to the owner\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-H", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-H", "activeDate" : "2014-09-22", "sequenceNo" : 419, "repealedDate" : null, "fromSection" : "279-H", "toSection" : "279-H", "text" : " § 279-h. Construction. Nothing in this article shall be construed as\\npreventing the enforcement of rights and remedies under any other\\nstatute concerning vessels, receptacles or utensils upon which a name,\\nmark or device indicating ownership thereof has been produced, whether\\nor not such name, mark or device has been filed hereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "279-I", "title" : "Saving clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279-I", "activeDate" : "2014-09-22", "sequenceNo" : 420, "repealedDate" : null, "fromSection" : "279-I", "toSection" : "279-I", "text" : " § 279-i. Saving clause. No suit, proceeding or appeal pending on the\\neffective date of this article shall abate or be affected in any way by\\nreason of the enactment of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A18", "title" : "Freight and Baggage", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "18", "activeDate" : "2014-09-22", "sequenceNo" : 421, "repealedDate" : null, "fromSection" : "280", "toSection" : "287", "text" : " ARTICLE 18\\n FREIGHT AND BAGGAGE\\nSection 280. Duty of carrier as to unclaimed articles.\\n 281. Description to be made and published.\\n 282. Packages to be opened and contents sold; proceeds of sale.\\n 283. Lien for expenses of proceedings.\\n 284. Penalty for violation of preceding sections.\\n 285. Sale of unclaimed articles by express companies; notice\\n thereof; disposition of proceeds of sale.\\n 286. Surplus to be paid to owner.\\n 287. After five years if unclaimed to be paid to county\\n treasurer.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "280", "title" : "Duty of carrier as to unclaimed articles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "280", "activeDate" : "2014-09-22", "sequenceNo" : 422, "repealedDate" : null, "fromSection" : "280", "toSection" : "280", "text" : " § 280. Duty of carrier as to unclaimed articles. The proprietors of\\nthe several lines of stages and the proprietors of the several canal\\nboat lines, and the proprietors of the several steamboats, who shall\\nhave any unclaimed trunks, boxes or baggage within their custody, shall\\nimmediately enter the time the same was left, with a proper description\\nthereof, in a book to be by them provided and kept for that purpose. In\\ncase the name and residence of the owner shall be ascertained it shall\\nbe the duty of such person who shall have any such property as above\\nspecified, to immediately notify the owner thereof by mail.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "281", "title" : "Description to be made and published", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "281", "activeDate" : "2014-09-22", "sequenceNo" : 423, "repealedDate" : null, "fromSection" : "281", "toSection" : "281", "text" : " § 281. Description to be made and published. In case there shall not\\nbe any information obtained as to the owner, it shall be the duty of the\\nperson having the possession thereof, to make out a correct written\\ndescription of all such property as shall have been unclaimed for thirty\\ndays, stating the time the same came into his possession, and publish\\nsaid description in a newspaper designated by him in his county once a\\nweek for three weeks successively.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "282", "title" : "Packages to be opened and contents sold; proceeds of sale", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "282", "activeDate" : "2014-09-22", "sequenceNo" : 424, "repealedDate" : null, "fromSection" : "282", "toSection" : "282", "text" : " § 282. Packages to be opened and contents sold; proceeds of sale. In\\ncase the said property shall remain unclaimed for sixty days after the\\nsaid publication, it shall be the duty of the person or company having\\npossession thereof, to apply to a magistrate of the town or city in\\nwhich said property is retained, in whose presence and under whose\\ndirection said property shall be opened and examined, and an inventory\\nthereof taken by said magistrate; and if the name and residence of the\\nowner is ascertained by such examination, it shall be the duty of the\\nmagistrate forthwith to direct a notice thereof to such owner, by mail;\\nand if said property shall remain unclaimed for three months after such\\nexamination, it shall be the further duty of the person or company\\nhaving possession thereof to apply to a magistrate as aforesaid; and if\\nsaid magistrate shall deem such property of sufficient value, he shall\\ncause the same to be sold at public auction, giving six days' previous\\nnotice of the time and place of such sale; and from the proceeds of such\\nsale he shall pay the charges and expenses legally incurred in respect\\nto said property, or a ratable proportion thereof to each claimant, if\\ninsufficient for the payment of the whole amount; and the balance of the\\nproceeds of such sale, if any, the said magistrate shall immediately pay\\nto the public welfare officials of said town or city, for the use of the\\npoor thereof; and the said public welfare officials shall make an entry\\nof such amount, and the time of receiving the same, upon their official\\nrecords, and it shall be subject, at any time within seven years\\nthereafter, to be reclaimed by, and refunded to, the owner of such\\nproperty, his heirs or assigns, on satisfactory proof of such ownership.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "283", "title" : "Lien for expenses of proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "283", "activeDate" : "2014-09-22", "sequenceNo" : 425, "repealedDate" : null, "fromSection" : "283", "toSection" : "283", "text" : " § 283. Lien for expenses of proceedings. The person making the entry\\nof unclaimed property as above specified, shall be entitled to twelve\\nand a half cents for each trunk, box, bale, package or bundle so\\nentered, and shall have a lien on the property so entered, until payment\\nshall be made; and in case any additional expense shall be incurred for\\nprinting, the lien shall continue until payment shall be made for such\\nadditional expense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "284", "title" : "Penalty for violation of preceding sections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "284", "activeDate" : "2014-09-22", "sequenceNo" : 426, "repealedDate" : null, "fromSection" : "284", "toSection" : "284", "text" : " § 284. Penalty for violation of preceding sections. In case any person\\nshall neglect or refuse to comply with the provisions of the preceding\\nsections of this article, he shall forfeit the sum of five dollars for\\neach and every trunk, box or bundle of baggage so neglected as above\\nspecified, to the benefit of any person who shall sue for the same, in\\nhis own name, in an action of debt in any court having cognizance\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "285", "title" : "Sale of unclaimed articles by express companies; notice thereof; disposition of proceeds of sale", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "285", "activeDate" : "2014-09-22", "sequenceNo" : 427, "repealedDate" : null, "fromSection" : "285", "toSection" : "285", "text" : " § 285. Sale of unclaimed articles by express companies; notice\\nthereof; disposition of proceeds of sale. Every express company, or\\nperson engaged in the express business, who shall have had any unclaimed\\narticle, goods or things, not perishable, in its or his possession, for\\na period of one year at least, may proceed to sell the same at public\\nauction, and out of the proceeds may retain the charges of\\ntransportation and storage of such article, goods or thing, and the\\nexpenses of advertising and sale thereof; but no such sale shall be\\nmade, until the expiration of four weeks from the first publication of\\nnotice of such sale, in a newspaper published at or nearest the place at\\nwhich such article, goods or thing was directed to be left, and also at\\nthe place where such sale is to take place; and said notice shall\\ncontain a description of such article, goods or thing, the place at\\nwhich the same was to be left, as near as may be, together with the name\\nof the person to whom directed, if known, and the expenses incurred for\\nadvertising shall be a lien upon such article, goods or thing, in a\\nratable proportion, according to the value of each article, package or\\nparcel, if more than one.\\n In case such unclaimed article, goods or thing shall in its nature be\\nperishable, the same may be sold as soon as it can be, on giving the\\nnotice required in this section, after its receipt at the city, town or\\nvillage to which it was directed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "286", "title" : "Surplus to be paid to owner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "286", "activeDate" : "2014-09-22", "sequenceNo" : 428, "repealedDate" : null, "fromSection" : "286", "toSection" : "286", "text" : " § 286. Surplus to be paid to owner. Such express company, or person\\nengaged in the express business, shall make an entry of the balance of\\nthe proceeds of the sale, if any, of each article, goods or thing\\ndirected to the same person, as near as can be ascertained, and at any\\ntime within five years thereafter, shall refund any surplus so retained\\nto the owner of such article, goods or thing, his heirs or assigns, on\\nsatisfactory proof of such ownership.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "287", "title" : "After five years if unclaimed to be paid to county treasurer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "287", "activeDate" : "2014-09-22", "sequenceNo" : 429, "repealedDate" : null, "fromSection" : "287", "toSection" : "287", "text" : " § 287. After five years if unclaimed to be paid to county treasurer.\\nIn case such balance shall not be claimed by the rightful owner within\\nfive years after the sale as above specified, then it shall be paid to\\nthe county treasurer, for the use of the county poor of said county.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A19", "title" : "Oil and Distilled Spirits", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "19", "activeDate" : "2014-09-22", "sequenceNo" : 430, "repealedDate" : null, "fromSection" : "300", "toSection" : "308", "text" : " ARTICLE 19\\n OIL AND DISTILLED SPIRITS\\nSection 300. Standard of domestic distilled spirits.\\n 302. Storage of petroleum.\\n 303. Standard test and storage of refined petroleum and\\n kerosene oil.\\n 304. Standard and storage of illuminating oils.\\n 304-a. Unauthorized manufacture, sale or use of illuminating\\n oils.\\n 305. Inspectors of storage.\\n 306. Fire and light within one hundred and fifty feet of\\n warehouses in the counties of New York, Kings, Queens\\n and Nassau prohibited.\\n 306-a. Violating law to prevent conflagrations.\\n 307. Penalties and the enforcement thereof.\\n 308. Retail sale and delivery of certain flammable liquids and\\n kerosene.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "300", "title" : "Standard of domestic distilled spirits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "300", "activeDate" : "2014-09-22", "sequenceNo" : 431, "repealedDate" : null, "fromSection" : "300", "toSection" : "300", "text" : " § 300. Standard of domestic distilled spirits. Domestic distilled\\nspirits, at a temperature of sixty degrees Fahrenheit, which have a\\nspecific gravity of nine thousand three hundred and thirty-five as\\ncompared with the gravity of pure distilled water at the same\\ntemperature estimated at ten thousand, shall be deemed first proof.\\n The strength of any such spirits below or above first proof shall be\\ncalculated decimally, or by the percentage in reference to such\\nstandard, and shall be denoted as so many per centum below or above\\nfirst proof as the actual difference in strength shall be.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "302", "title" : "Storage of petroleum", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "302", "activeDate" : "2014-09-22", "sequenceNo" : 432, "repealedDate" : null, "fromSection" : "302", "toSection" : "302", "text" : " § 302. Storage of petroleum. Crude petroleum, earth or rock oil, or\\nany of its products, shall not be kept on sale or stored in any place or\\nbuilding within the corporate limits of any city in this state, except\\nin the city of New York, unless in detached and properly ventilated\\nwarehouses, the exterior walls of which are stone, brick or iron,\\nspecially adapted to that purpose, with raised sills at least two feet\\nhigh, or the ground floor of which is at least two feet below the level\\nof the street or adjoining land, so as to effectually prevent the\\noverflow of such substances beyond the premises where kept or stored.\\n No part of such warehouses shall be occupied as a dwelling, and if\\nless than fifty feet from any adjacent building, such warehouse must be\\nseparated therefrom by a brick or stone wall at least ten feet in height\\nand sixteen inches thick.\\n None of such articles shall be allowed to remain on the sidewalk\\nbeyond the front line of any building or in the street, a longer time\\nthan is actually necessary for the storage, shipment or delivery of the\\nsame, nor after sunset.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "303", "title" : "Standard test and storage of refined petroleum and kerosene oil", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "303", "activeDate" : "2014-09-22", "sequenceNo" : 433, "repealedDate" : null, "fromSection" : "303", "toSection" : "303", "text" : " § 303. Standard test and storage of refined petroleum and kerosene\\noil. Refined petroleum or kerosene oil shall not be kept on sale or\\nstored in any such city, the fire test of which shall be less than one\\nhundred and ten degrees Fahrenheit, determined by authorized inspectors\\nusing G. Tagliabue's or other improved instruments; and the barrels or\\npackages containing the same shall be legibly stamped or marked with the\\ninspector's official stamp or mark. If stored above the cellar or\\nbasement of any building and in barrels of not over forty-five gallons\\neach, or in metallic vessels or tanks for the convenience of retailing,\\nthe quantity so stored shall not exceed the contents of ten barrels,\\nunless packed in hermetically sealed metallic packages, when such\\nquantity shall not exceed one hundred barrels. If stored in cellars or\\nbasements surrounded by walls of brick or stone, and at least two feet\\nbelow the level of the sidewalk, street or adjacent land, such quantity\\nshall not exceed the contents of one hundred and fifty barrels, unless\\nstored in warehouses specially adapted for the purpose pursuant to this\\narticle. No more than five barrels thereof shall be kept or stored in\\nany building occupied wholly or in part as a dwelling.\\n Not more than ten barrels of benzine or naphtha shall be kept or\\nstored in any building, and not more than three barrels thereof in any\\nbuilding any part of which is occupied as a dwelling.\\n This and the preceding section shall not prevent the storage of crude\\nor refined petroleum in wrought-iron tanks detached from any building\\nand especially adapted for that purpose, or in other tanks so\\nconstructed that the top is at least two feet below the street or the\\nadjoining land and covered with at least one foot of earth, and\\nappurtenant to or connected with a refinery, with the approval of the\\ninspectors of buildings, fire marshal or other proper authorities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "304", "title" : "Standard and storage of illuminating oils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "304", "activeDate" : "2014-09-22", "sequenceNo" : 434, "repealedDate" : null, "fromSection" : "304", "toSection" : "304", "text" : " § 304. Standard and storage of illuminating oils. No person shall\\nmanufacture or have in his possession or sell or give away for\\nilluminating or heating purposes in lamps or stoves within this state,\\nany oil or burning fluid wholly or partly composed of naphtha, coal oil,\\npetroleum or products thereof, or of other substances or materials\\nemitting an inflammable vapor which will flash at a temperature below\\none hundred degrees Fahrenheit according to the tag closed tester\\nprescribed and the method adopted by the American Society for Testing\\nMaterials for flash point of volatile flammable liquids.\\n No such oil or fluid which will ignite at a temperature below two\\nhundred and ninety-five degrees Fahrenheit as determined by the standard\\nmethod of test for flash and fire points by means of open cup of the\\nAmerican Society for Testing Materials shall be burned or be carried as\\nfreight in any passenger or baggage car or passenger boat moved by steam\\nor electric power in this state, or in any stage or street car, however\\npropelled, except that coal oil, petroleum and its products may be\\ncarried, when securely packed in barrels or metallic packages, in\\npassenger boats propelled by steam when there are no other public means\\nof transportation.\\n Naphtha and other illuminating products of petroleum which will not\\nstand the flash test required by this section, may be used for\\nilluminating or heating purposes only in the following cases:\\n 1. In street lamps and open air receptacles apart from any building,\\nfactory or inhabited house in which the vapor is burned.\\n 2. In dwellings, factories or other places of business when vaporized\\nin secure tanks or metallic generators made for that purpose, in which\\nthe vapor so generated is used for lighting or heating.\\n 3. For use in the manufacture of illuminating gas in gas manufactories\\nsituated apart from dwellings and other buildings.\\n Any person violating any provision of this section shall forfeit to\\nthe city or village, or if not in a city or village to the town in which\\nthe violation occurs, the sum of one hundred dollars for every such\\nviolation, and for every day or part of a day that such violation\\noccurs.\\n This section shall not apply to the city of New York, and shall not\\nsupersede but shall be in addition to the ordinances or regulations of\\nany city or village made pursuant to law for the inspection or control\\nof combustible materials therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "304-A", "title" : "Unauthorized manufacture, sale or use of illuminating oils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "304-A", "activeDate" : "2014-09-22", "sequenceNo" : 435, "repealedDate" : null, "fromSection" : "304-A", "toSection" : "304-A", "text" : " § 304-a. Unauthorized manufacture, sale or use of illuminating oils. A\\nperson who violates any provision of this article relating to the\\nstandard, manufacture, sale, or use or storage of any oil or burning\\nfluid, wholly or partly composed of naphtha, coal oil, petroleum or\\nproducts manufactured therefrom, or of other substance or materials\\nwhich will flash at a temperature below one hundred degrees Fahrenheit,\\nor relating to the burning or carriage of any such oil or fluid which\\nwill ignite at a temperature below three hundred degrees Fahrenheit, is\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "305", "title" : "Inspectors of storage", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "305", "activeDate" : "2014-09-22", "sequenceNo" : 436, "repealedDate" : null, "fromSection" : "305", "toSection" : "305", "text" : " § 305. Inspectors of storage. The inspectors of buildings or other\\nproper authorities in every such city shall make an examination of all\\nthe premises where any of the articles or substances specified in the\\npreceding sections of this article are kept or stored, and report any\\nviolation thereof to the authorities of the city whose duty it is to\\nenforce the provisions thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "306", "title" : "Fire and light within one hundred and fifty feet of warehouses in the counties of New York, Kings, Queens and Nassau prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "306", "activeDate" : "2014-09-22", "sequenceNo" : 437, "repealedDate" : null, "fromSection" : "306", "toSection" : "306", "text" : " § 306. Fire and light within one hundred and fifty feet of warehouses\\nin the counties of New York, Kings, Queens and Nassau prohibited. No\\nperson shall bring, have, keep or use or suffer or permit to be brought,\\nkept, had or used on board of any ship, vessel, canal boat, barge,\\nlighter, boat or other craft lying at or within the distance of one\\nhundred and fifty feet of any warehouse, yard, shed, dock, pier,\\nbulkhead, wharf or other place within the counties of New York, Kings,\\nQueens or Nassau at, in or upon which petroleum oil or any of its\\nproducts is stored or is kept for export or in quantities exceeding ten\\nthousand gallons, or at, in or upon any such warehouse, shed, yard,\\ndock, pier, bulkhead or other place, any lighted match or lighted cigar,\\ncigarette or pipe, or any fire or light of any kind, except in strict\\nconformity to the written permission of the owner, lessee or\\nsuperintendent of such warehouse, yard, shed, dock, pier, bulkhead,\\nwharf or other place, specifying the fire or light to be kept, had or\\nused, the particular purpose for and the place or spot at which the same\\nmay be so kept, had or used and the particular manner of keeping, having\\nand using the same.\\n This section shall not apply to steam tugs while transacting their\\nordinary business nor to steam fire engines engaged in extinguishing\\nfires.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "306-A", "title" : "Violating law to prevent conflagrations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "306-A", "activeDate" : "2014-09-22", "sequenceNo" : 438, "repealedDate" : null, "fromSection" : "306-A", "toSection" : "306-A", "text" : " § 306-a. Violating law to prevent conflagrations. A person who\\nviolates any of the provisions of section three hundred and six of this\\nchapter is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "307", "title" : "Penalties and the enforcement thereof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "307", "activeDate" : "2014-09-22", "sequenceNo" : 439, "repealedDate" : null, "fromSection" : "307", "toSection" : "307", "text" : " § 307. Penalties and the enforcement thereof. Every person violating\\nthe provisions of this article, relating to the test for refined\\npetroleum and oil, shall forfeit to the people of the state the sum of\\nfive hundred dollars for each violation.\\n Every person violating any provision of this article, relating to the\\nstorage or keeping for sale of any article, substance or product herein\\nspecified, shall forfeit to the people of the state, the sum of two\\nhundred and fifty dollars for each day and part of a day that such\\nviolation continues.\\n Every person violating any provisions of this article, relating to the\\nincumbering of any sidewalk or street, shall forfeit the sum of\\ntwenty-five dollars for each day and part of a day that such violation\\ncontinues, to be paid, if in a city or village, to such city or village,\\nand elsewhere, to the town in which such violation occurs.\\n The mayor and common council of every city or other proper authorities\\nthereof, shall, by ordinance or resolution, provide for the proper\\nenforcement of the provisions of the preceding sections of this article,\\nand in every such city, the moneys collected by the city as penalties\\nfor the violation of any such ordinance or resolution or of any of such\\nprovisions, shall be applied to the support of the poor therein, except\\nin Brooklyn, where they shall be paid into the widows and orphans' fund\\nof the fire department, and except in Buffalo, where they shall be paid\\nto the treasurer of the firemen's benevolent association of the city for\\nits use and benefit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "308", "title" : "Retail sale and delivery of certain flammable liquids and kerosene", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "308", "activeDate" : "2014-09-22", "sequenceNo" : 440, "repealedDate" : null, "fromSection" : "308", "toSection" : "308", "text" : " § 308. Retail sale and delivery of certain flammable liquids and\\nkerosene. 1. Definition. As used in this section:\\n \"Flammable liquid\" shall mean any liquid which has a flash point of\\nseventy degrees Fahrenheit, or less, as determined by a Tagliabue or\\nequivalent closed cup test device.\\n 2. a. No person engaged in the retail sale of flammable liquids shall\\ndeliver any such liquids from bulk storage into portable containers of\\nfive gallons capacity or less unless the container is of sound metal or\\nother unbreakable material construction, has a tight closure with\\nscrewed or spring cover and is fitted with a spout or so designed that\\nthe contents can be poured without spilling.\\n b. No person shall carry a lighted cigar, cigarette or pipe, nor use a\\nmatch or other open flame while he is dispensing flammable liquids at\\nretail sale from bulk storage.\\n 3. No person engaged in the retail sale of kerosene shall deliver any\\nsuch liquid from bulk storage into portable containers of five gallons\\ncapacity or less unless the container is of sound metal or other\\nunbreakable material construction, has a tight closure with screwed or\\nspring cover, is fitted with a spout or so designed that the contents\\ncan be poured without spilling, and is clearly and conspicuously labeled\\nas containing kerosene.\\n 4. The provisions of this section shall not apply to the sale,\\npurchase or delivery of bona fide commercial packs of household products\\nsold in the original sealed container as put up for package, sale or\\ndistribution by the manufacturer or packager, including but not limited\\nto packs of medicinals, beverages or food.\\n 5. The provisions of this section shall not apply in cities having a\\npopulation of one million or more.\\n 6. A violation of the provisions of this section shall be subject to a\\ncivil penalty of not more than one hundred dollars for each violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A20", "title" : "Gas", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20", "activeDate" : "2014-09-22", "sequenceNo" : 441, "repealedDate" : null, "fromSection" : "320", "toSection" : "323", "text" : " ARTICLE 20\\n GAS\\nSection 320. Standard of purity.\\n 321. Standard of illuminating power.\\n 322. Standard of pressure.\\n 322-b. Explosives and combustibles.\\n 322-c. Gas space heating appliances to be equipped with back\\n draft diverters and automatic shutoff devices.\\n 323. Penalty.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "320", "title" : "Standard of purity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "320", "activeDate" : "2014-09-22", "sequenceNo" : 442, "repealedDate" : null, "fromSection" : "320", "toSection" : "320", "text" : " § 320. Standard of purity. The gas furnished or supplied by any\\ncorporation, association, partnership or person in any city of the\\nsecond class shall be free from sulphuretted hydrogen, to be determined\\nby exposing for thirty seconds a slip of white paper saturated with\\nacetate of lead to a jet of gas flowing about five feet per hour, and\\neach one hundred cubic feet shall not contain more than ten grains of\\nammonia nor twenty grains of sulphur.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "321", "title" : "Standard of illuminating power", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "321", "activeDate" : "2014-09-22", "sequenceNo" : 443, "repealedDate" : null, "fromSection" : "321", "toSection" : "321", "text" : " § 321. Standard of illuminating power. The maximum illuminating power\\nrequired and minimum illuminating power permitted of gas so furnished or\\nsupplied in any such city shall be as follows: If a coal gas, sixteen\\ncandles; if a mixed coal and water gas, eighteen candles; and if a\\ncarburetted water gas, twenty candles. A candle shall mean a sperm\\ncandle, six to a pound, burning at the rate of one hundred and twenty\\ngrains of spermaceti per hour. The test for illuminating power shall be\\nmade with gas obtained from a service pipe or main located at a distance\\nof not less than one mile nor more than one and one-half miles from any\\ndistributing holder, using, for coal gas and mixed coal and water gas\\ncontaining more than fifty per centum of coal gas an F Argand burner,\\nand for mixed coal and water gas containing fifty per centum and less of\\ncoal gas and for carburetted water gas a number seven slit union Bray\\nburner, on a basis of consumption of five cubic feet of gas per hour.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "322", "title" : "Standard of pressure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "322", "activeDate" : "2014-09-22", "sequenceNo" : 444, "repealedDate" : null, "fromSection" : "322", "toSection" : "322", "text" : " § 322. Standard of pressure. The minimum pressure of gas so furnished\\nor supplied which shall be permitted in any service main in any such\\ncity shall be sufficient to balance a column of water one and one-half\\ninches in height. The maximum pressure therein allowed shall be an\\namount sufficient to balance a column of water three and three-fourths\\ninches in height, plus an allowance at the rate of one inch for\\nvariation of each one hundred feet of increase in altitude in the\\ndistributing system between the holder and the point of consumption,\\nexcept that no maximum pressure shall be prescribed in service mains the\\npressure of gas from which is regulated by service governors, supplied\\nand maintained without charge to consumers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "322-B", "title" : "Explosives and combustibles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "322-B", "activeDate" : "2014-09-22", "sequenceNo" : 445, "repealedDate" : null, "fromSection" : "322-B", "toSection" : "322-B", "text" : " § 322-b. Explosives and combustibles. 1. A person who makes or keeps\\ngunpowder, nitro-glycerine, or any other explosive or combustible\\nmaterial, within a city or village, or carries such materials through\\nthe streets thereof, in a quantity or manner prohibited by law or by\\nordinance of the city or village, is guilty of a misdemeanor.\\n 2. A person who manufactures gunpowder, dynamite, nitro-glycerine,\\nliquid or compressed air or gases, except acetylene gas and other gases\\nused for illuminating purposes, naptha, gasoline, benzine or any\\nexplosive articles or compounds, or manufactures ammunition, fireworks\\nor other articles of which such substances are component parts in a\\ncellar, room, or apartment of a tenement or dwelling-house or any\\nbuilding occupied in whole or in part by persons or families for living\\npurposes, is guilty of a misdemeanor.\\n 3. And a person who, by the careless, negligent, or unauthorized use\\nor management of gunpowder or other explosive substances, injures or\\noccasions the injury of the person or property of another, is guilty of\\na misdemeanor.\\n 4. Any person or persons who shall knowingly present, attempt to\\npresent, or cause to be presented or offered for shipment to any\\nrailroad, steamboat, steamship, express or other company engaged as\\ncommon carrier of passengers or freight, dynamite, nitro-glycerine,\\npowder or other explosives dangerous to life or limb, without revealing\\nthe true nature of said explosives or substance so offered or attempted\\nto be offered to the company or carrier to which it shall be presented,\\nshall be guilty of a misdemeanor.\\n 5. Any person who, while engaged in the unauthorized distillation of\\nany liquid containing methyl or ethyl alcohol, causes injuries or\\noccasions the injury of the person or property of another by reason of\\nsuch distillation is guilty of a misdemeanor.\\n Nothing in this section contained shall be construed to prohibit or\\nforbid the manufacture and sale of sodawater, seltzer-water, ginger ale,\\ncarbonic or mineral water or the charging with liquid carbonic acid gas\\nof such waters or ordinary waters, or of beer, wines, ales or other malt\\nand vinous beverages in such cellar, room or apartment of a tenement or\\ndwelling-house, or any building occupied in whole or in part by persons\\nor families for living purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "322-C", "title" : "Gas space heating appliances to be equipped with back draft diverters and automatic shutoff devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "322-C", "activeDate" : "2014-09-22", "sequenceNo" : 446, "repealedDate" : null, "fromSection" : "322-C", "toSection" : "322-C", "text" : " § 322-c. Gas space heating appliances to be equipped with back draft\\ndiverters and automatic shutoff devices. On and after July first,\\nnineteen hundred sixty-five it shall be unlawful to manufacture or\\nassemble, or to sell or offer for sale, or to install, use or maintain\\nin any building used or occupied as a residence, any space heating\\nappliance using natural and/or manufactured gas fuel unless such\\nappliance is equipped with (a) a back draft diverter with vents of\\nsufficient capacity to permit the discharge of combustion gases away\\nfrom the burning gas, except where such appliance (i) is provided with a\\nsealed combustion chamber directly vented to the outside, or (ii) is\\nlisted by an accredited third party agency as an unvented appliance in\\ncompliance with American National Standard Z21.11.2 and meets or exceeds\\nstandards established by rules and regulations promulgated, and which\\nmay be periodically amended, by the department of health and approved by\\nthe state fire prevention and building code council, and (b) an\\nautomatic shutoff device to prevent the flow of gas if the flame or\\npilot light, thereof is extinguished; provided, however, that nothing\\ncontained herein shall be construed as repealing or in any manner\\nlimiting, restricting or diminishing any power conferred by any\\nprovision of law upon any city having a population of one million or\\nmore, or any body, agency or officer thereof, to enact or adopt local\\nlaws, ordinances, other local enactments or rules or regulations\\nrelating in any manner to gas space heating appliances, so long as such\\nlocal laws, ordinances, enactments, rules or regulations in so far as\\nthe same relate to the subject matter of this section, are not less\\nrestrictive than the provisions of this section. A violation of the\\nprovisions of this section shall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "323", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "323", "activeDate" : "2014-09-22", "sequenceNo" : 447, "repealedDate" : null, "fromSection" : "323", "toSection" : "323", "text" : " § 323. Penalty. A violation of any of the provisions of this article\\nshall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A20-A", "title" : "Petroleum Well Casings and Pipes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20-A", "activeDate" : "2014-09-22", "sequenceNo" : 448, "repealedDate" : null, "fromSection" : "324", "toSection" : "327", "text" : " ARTICLE 20-A\\n PETROLEUM WELL CASINGS AND PIPES\\nSection 324. Definitions.\\n 325. Prohibiting the use of petroleum well casings and pipes for\\n transporting potable water.\\n 326. Private right of action.\\n 327. Violations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "324", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "324", "activeDate" : "2014-09-22", "sequenceNo" : 449, "repealedDate" : null, "fromSection" : "324", "toSection" : "324", "text" : " § 324. Definitions. The following terms, whenever used or referred to\\nin this article, shall have the following meanings:\\n 1. \"Petroleum\" shall mean oil or petroleum of any kind and in any form\\nincluding, but not limited to, oil, petroleum, fuel oil, crude oil,\\npetroleum mixed with one or more other substances, gasoline and\\nkerosene.\\n 2. \"Petroleum well casings and pipes\" shall mean those well casings\\nand pipes which were at any time used to convey or transport therein\\npetroleum.\\n 3. \"Consumer\" shall mean a person who purchases well casings and pipes\\nfor personal, family or household purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "325", "title" : "Prohibiting the use of petroleum well casings and pipes for transporting potable water", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "325", "activeDate" : "2014-09-22", "sequenceNo" : 450, "repealedDate" : null, "fromSection" : "325", "toSection" : "325", "text" : " § 325. Prohibiting the use of petroleum well casings and pipes for\\ntransporting potable water. No person shall construct a water well which\\nis to be used to convey or transport a potable water supply using\\npetroleum well casings and pipes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "326", "title" : "Private right of action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "326", "activeDate" : "2014-09-22", "sequenceNo" : 451, "repealedDate" : null, "fromSection" : "326", "toSection" : "326", "text" : " § 326. Private right of action. A consumer injured by a violation of\\nthis section may bring an action to recover damages. Judgment may be\\nentered for three times the actual damages suffered by a consumer or\\nfive hundred dollars, whichever is greater. A court may also award\\nattorneys' fees to a prevailing plaintiff consumer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "327", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "327", "activeDate" : "2014-09-22", "sequenceNo" : 452, "repealedDate" : null, "fromSection" : "327", "toSection" : "327", "text" : " § 327. Violations. 1. Any person who shall violate any of the\\nprovisions of this article shall be subject to a civil penalty not to\\nexceed one thousand dollars.\\n 2. Upon any violation of the provisions of this article, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction to issue an injunction and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of the\\nviolation. If it shall appear to the satisfaction of the court or\\njustice that the defendant has violated this section, an injunction may\\nbe issued by the court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eight thousand three hundred three of the\\ncivil practice law and rules, and direct restitution.\\n In connection with an application made under this section, the\\nattorney general is authorized to take proof and to make a determination\\nof the relevant facts and to issue subpoenas in accordance with the\\ncivil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A21", "title" : "Publications", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "21", "activeDate" : "2014-09-22", "sequenceNo" : 453, "repealedDate" : null, "fromSection" : "330", "toSection" : "337", "text" : " ARTICLE 21\\n PUBLICATIONS\\nSection 330. Publication of owner's name.\\n 331. Penalty for failing to publish.\\n 332. Penalty for false statement.\\n 333. Contracts with Sunday papers.\\n 334. Misrepresentation of circulation of newspapers or\\n periodicals.\\n 335. Inserting unauthorized advertisement in newspapers and\\n magazines.\\n 335-a. Magazines sold by subscription.\\n 336. Telephone directory to contain certain notice.\\n 336-a. Telephone corporation; coin operated telephones\\n implementation of system to call an operator without\\n use of coins; rules and regulations of public service\\n commission.\\n 336-b. Public pay telephone volume controls.\\n 336-b*2. Interactive information network service; disclosure.\\n 337. Advertising to procure divorces.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "330", "title" : "Publication of owner's name", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "330", "activeDate" : "2014-09-22", "sequenceNo" : 454, "repealedDate" : null, "fromSection" : "330", "toSection" : "330", "text" : " § 330. Publication of owner's name. 1. Every newspaper, magazine or\\nother periodically printed publication published in this state, shall\\npublish in every copy of every issue, upon the editorial page or in one\\nof the first four pages of the publication, the full name and address of\\nthe owner, owners, proprietor or proprietors of such publication; and if\\nsaid publication shall be owned or published by a corporation, then the\\nname of the corporation and the address of its principal place of\\nbusiness shall be published, together with the full names and addresses\\nof the president, secretary and treasurer thereof; and if the said\\npublication shall be owned or published by a partnership, limited\\npartnership, or an unincorporated joint stock association, then the full\\nnames and addresses of the partners, or officers and managers of said\\npartnership, limited partnership or unincorporated joint-stock\\nassociation shall be published in like manner. The representative\\ncapacities of those named shall be indicated in like manner.\\n 2. Every publication printed or reprinted after September first,\\nnineteen hundred sixty-three which is so composed or illustrated as a\\nwhole as to be devoted to the description or portrayal of bondage,\\nsadism, masochism or other sexual perversion or to the exploitation of\\nsex or nudity and published in this state shall conspicuously have\\nimprinted on the cover, title, or copyright page or at the end of the\\npublication the true name and address of the publisher or printer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "331", "title" : "Penalty for failing to publish", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "331", "activeDate" : "2014-09-22", "sequenceNo" : 455, "repealedDate" : null, "fromSection" : "331", "toSection" : "331", "text" : " § 331. Penalty for failing to publish. 1. Any person, partnership,\\nlimited partnership, unincorporated joint-stock association or\\ncorporation publishing in the state of New York, a newspaper, magazine,\\nbook, pamphlet or any other periodical or printed publication which\\nomits, fails or neglects to carry out the provisions of the preceding\\nsection shall be guilty of a misdemeanor for each issue of such\\npublication over which such neglect or failure so to do extends; and\\nupon conviction thereof shall be fined not less than one hundred dollars\\nnor more than five hundred dollars.\\n 2. Whenever such publications are discovered and the identity and\\naddress of neither the owner, the proprietor, the publisher or the\\nprinter appears as required by this article and cannot be ascertained\\nafter reasonable diligence, then upon a verified application of a peace\\nofficer, acting pursuant to his special duties, or of any police officer\\nshowing such circumstances, a magistrate, may issue an order directing\\nthat such publications be seized and destroyed by such officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "332", "title" : "Penalty for false statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "332", "activeDate" : "2014-09-22", "sequenceNo" : 456, "repealedDate" : null, "fromSection" : "332", "toSection" : "332", "text" : " § 332. Penalty for false statement. Any person, partnership, limited\\npartnership, unincorporated joint-stock association or corporation\\ncausing or knowingly permitting his, their or its name or names to be\\npublished in such manner as to indicate or denote that he, they or it is\\nor are the publisher or publishers of a publication such as specified in\\nsection three hundred and thirty of this article, and not indicating\\ntruly, shall be liable to the same extent as the real publisher or\\npublishers would be in any suit for damages involving such publication\\nin the subject-matter thereof brought against such person, partnership,\\nlimited partnership, unincorporated joint-stock association or\\ncorporation as the publisher or publishers, or as the alleged publisher\\nor publishers of such publication.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "333", "title" : "Contracts with Sunday papers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "333", "activeDate" : "2014-09-22", "sequenceNo" : 457, "repealedDate" : null, "fromSection" : "333", "toSection" : "333", "text" : " § 333. Contracts with Sunday papers. All contracts or agreements of\\nany nature made with the publishers or proprietors of any paper dated,\\npublished or issued on the first day of the week shall be as valid,\\nlegal and binding, as contracts made with newspapers dated or published\\non any other day of the week.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "334", "title" : "Misrepresentation of circulation of newspapers or periodicals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "334", "activeDate" : "2014-09-22", "sequenceNo" : 458, "repealedDate" : null, "fromSection" : "334", "toSection" : "334", "text" : " § 334. Misrepresentation of circulation of newspapers or periodicals.\\nEvery proprietor or publisher of any newspaper or periodicals who shall\\nwilfully or knowingly misrepresent the circulation of such newspaper or\\nperiodical for the purpose of securing advertising or other patronage\\nshall be deemed guilty of a misdemanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "335", "title" : "Inserting unauthorized advertisement in newspapers and magazines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "335", "activeDate" : "2014-09-22", "sequenceNo" : 459, "repealedDate" : null, "fromSection" : "335", "toSection" : "335", "text" : " § 335. Inserting unauthorized advertisement in newspapers and\\nmagazines. Any person who, with intent to profit, directly or indirectly\\nthereby, places or causes or produces an advertisement to be placed in\\nor affixes or causes the same to be affixed to a newspaper without the\\nconsent of the publisher of said newspaper; or who directly or\\nindirectly places or causes or procures an advertisement to be placed in\\nor affixes or causes the same to be affixed to a magazine or periodical\\nwithout the consent of the publisher of such magazine or periodical, and\\nin a way calculated to lead the readers thereof to believe that such\\nadvertisement was circulated by such publisher, is guilty of a\\nmisdemeanor.\\n The placing of an advertisement, notice, circular, pamphlet, card,\\nhand bill, printed notice of any kind in or the affixing thereof to a\\nnewspaper, magazine, or periodical is presumptive evidence that the\\nperson or persons or corporation or corporations whose name or names\\nappear thereon as proprietor, advertiser, vendor, or exhibitor, or whose\\ngoods, wares, and merchandise are advertised therein, caused or procured\\nthe same to be so placed or affixed with intent to profit thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "335-A", "title" : "Magazines sold by subscription", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "335-A", "activeDate" : "2019-01-11", "sequenceNo" : 460, "repealedDate" : null, "fromSection" : "335-A", "toSection" : "335-A", "text" : " § 335-a. Magazines sold by subscription. 1. Every publisher of a\\nmagazine sold by subscription shall disclose by a notice on the mailing\\nlabel of each magazine mailed pursuant to subscription, the month and\\nyear in which the subscription expires. Such notice shall be printed or\\nwritten in a clear, conspicuous, understandable and readable form.\\n 1-a. Every publisher of a magazine sold by subscription shall disclose\\nby a notice on the billing statement or invoice of each magazine, mailed\\npursuant to subscription, a customer service telephone number. Such\\nnotice shall be printed or written in a clear and conspicuous form.\\n 2. Every publisher of a magazine sold by subscription shall, in any\\ndirect written communication to a subscriber inviting the subscriber to\\nrenew a subscription, clearly, conspicuously, understandably and\\nreadably:\\n a. disclose the month and year in which the subscription expires; or\\n b. include the month and year in which the subscription expires on the\\nmailing label when the invitation to renew is packaged with an issue of\\nthe magazine, provided, however, that the location on the mailing label\\nof the month and year in which the subscription expires is disclosed in\\na clear, conspicuous, understandable and readable manner on such\\ninvitation.\\n 3. When a subscription is renewed, the renewal period shall not\\ncommence before the expiration of any current subscription or renewals.\\n 4. Any person, firm, association or corporation engaged in business,\\nthe principal purpose of which is to regularly solicit magazine\\nsubscription orders for delivery in this state through the mail for\\nprofit shall, in any direct written communication to a magazine\\nsubscriber inviting the subscriber to renew a subscription, clearly,\\nconspicuously, understandably and readably:\\n a. disclose the month and year in which the subscription expires; or\\n b. include the month and year in which the subscription expires on the\\nmailing label when the invitation to renew is packaged with an issue of\\nthe magazine, provided, however, that the location on the mailing label\\nof the month and year in which the subscription expires is disclosed in\\na clear, conspicuous, understandable and readable manner on such\\ninvitation.\\n Nothing contained in this subdivision shall be construed to apply to\\nany direct written communication inviting a consumer to order or renew\\nany subscription sold by a not-for-profit entity, or by a charitable\\norganization registered pursuant to section one hundred seventy-two of\\nthe executive law, or as part of a school fundraiser or gift\\nsubscription offer.\\n 5. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n Whenever the court shall determine that a violation of this section\\nhas occurred, the court may impose a civil penalty of not more than one\\nhundred dollars for a single violation and not more than five hundred\\ndollars for multiple violations resulting from a single act or incident.\\nA knowing violation of this section shall be punishable by a civil\\npenalty of not more than five hundred dollars for a single violation and\\nnot more than one thousand dollars for multiple violations resulting\\nfrom a single act or incident. No person, firm, association or\\ncorporation shall be deemed to have violated the provisions of this\\nsection if such person, firm, partnership, association or corporation\\nshows, by a preponderance of the evidence, that the violation was not\\nintentional and resulted from a bona fide error made notwithstanding the\\nmaintenance of procedures reasonably adopted to avoid such error.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "336", "title" : "Telephone directory to contain certain notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "336", "activeDate" : "2014-09-22", "sequenceNo" : 461, "repealedDate" : null, "fromSection" : "336", "toSection" : "336", "text" : " § 336. Telephone directory to contain certain notice. 1. Every\\ntelephone directory hereafter distributed to the members of the general\\npublic in this state or in any portion thereof which lists the calling\\nnumbers of telephones of any telephone exchange located in this state\\nshall contain a notice which explains the offense of \"unlawfully\\nrefusing to yield a party line\" provided for in the penal law, such\\nnotice to be printed in type which is not smaller than any other type on\\nthe same page and to be preceded by the word \"warning\" printed in type\\nat least as large as the largest type on the same page: provided, that\\nthe provisions of this section shall not apply to those directories\\ndistributed solely for business advertising purposes, commonly known as\\nclassified directories, nor to any telephone directory heretofore\\ndistributed to the general public. Any person, firm or corporation\\nproviding telephone service which distributes or causes to be\\ndistributed in this state copies of a telephone directory which is\\nsubject to the provisions of this subdivision and which do not contain\\nthe notice herein provided for shall be guilty of a misdemeanor.\\n 2. Every telephone directory hereafter distributed by or on behalf of\\na person, firm or corporation providing telephone service to the members\\nof the general public in this state or in any portion thereof which\\nlists the calling numbers of telephones, of any telephone exchange\\nlocated in this state shall contain a notice, in clear, concise\\nlanguage, which will direct the consumer to call the business office for\\ninformation pertaining to the costs of all available local residential\\ntelephone services. The notice shall include the telephone number of the\\nlocal business office.\\n 3. Every telephone directory hereafter distributed by or on behalf of\\na person, firm or corporation providing telephone service to the members\\nof the general public in this state or in any portion thereof which\\nlists the calling numbers of telephones, of any telephone exchange\\nlocated in this state, shall contain a notice, in clear, concise\\nlanguage in a prominent place in such directory, informing the consumer\\nof all available local residential telephone services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "336-A", "title" : "Telephone corporation; coin operated telephones implementation of system to call an operator without use of coins; rules and regulations ...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "336-A", "activeDate" : "2014-09-22", "sequenceNo" : 462, "repealedDate" : null, "fromSection" : "336-A", "toSection" : "336-A", "text" : " § 336-a. Telephone corporation; coin operated telephones\\nimplementation of system to call an operator without use of coins; rules\\nand regulations of public service commission. 1. All telephone\\ncorporations doing business in this state and providing coin pay\\ntelephones shall implement a system whereby calls may be made to the\\noperator without charge and without requiring the insertion of any coins\\ninto such pay telephone pursuant to the rules and regulations\\npromulgated by the public service commission in the manner provided for\\nin subdivision two of this section.\\n 2. The public service commission shall establish, by rule or\\nregulation, the effective date for implementing the system mandated in\\nsubdivision one of this section. Such rules and regulations shall\\nfurther provide for the method and manner of implementing such system.\\nSuch rules and regulations shall be promulgated not later than one year\\nnext succeeding the effective date of this section. Notwithstanding the\\nimmediately preceding sentence, the public service commission shall\\nforward copies of the final draft of such rules and regulations to the\\ngovernor and the legislature, at least forty-five days prior to the\\nproposed effective date of such rules and regulations. In no event shall\\nsuch forwarding be made later than the two hundred seventieth day next\\nsucceeding the effective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "336-B", "title" : "Public pay telephone volume controls", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "336-B", "activeDate" : "2018-08-31", "sequenceNo" : 463, "repealedDate" : null, "fromSection" : "336-B", "toSection" : "336-B", "text" : " * § 336-b. Public pay telephone volume controls. 1. Each telephone\\ncorporation doing business in this state which provides public pay\\ntelephones, including those owners or providers of customer owned\\ncurrency operated telephones (COCOT's), shall provide at least\\ntwenty-five percent of its public pay telephones installed on or after\\nJanuary first, nineteen hundred ninety-three with volume control\\nequipment to enable deaf or hard of hearing persons to access and\\nutilize telecommunications services. The telephones with volume control\\nequipment shall be distributed evenly among the public pay telephones\\nprovided by the corporation. Each public pay telephone with a volume\\ncontrol shall have signage either on the telephone or in the immediate\\nvicinity thereof, identifying that telephone as being equipped with a\\ndeaf or hard of hearing volume control.\\n 2. Whenever more than two public pay telephones are installed within\\nfifty feet of each other then at least one such telephone shall be\\nequipped with volume control equipment.\\n 3. The provisions of this section shall be applicable to all buildings\\nor facilities constructed for public use.\\n 4. For the purposes of this section the following terms shall have the\\nfollowing meanings:\\n a. \"Building or facility\" shall mean all or any portion of buildings,\\nstructures, equipment, roads, walks, parking lots, parks, sites, or\\nother real property or interest in such property;\\n b. \"Public use\" shall mean any interior and exterior rooms or spaces\\nmade available to the general public. Public use may be provided at a\\nbuilding or facility that is privately or publicly owned;\\n c. \"Signage\" shall mean the display of written, symbolic, tactile, or\\npictorial information.\\n * NB There are 2 § 336-b's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "336-B*2", "title" : "Interactive information network service; disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "336-B*2", "activeDate" : "2014-09-22", "sequenceNo" : 464, "repealedDate" : null, "fromSection" : "336-B*2", "toSection" : "336-B*2", "text" : " * § 336-b. Interactive information network service; disclosure. 1. For\\nthe purposes of this section, the term \"interactive information network\\nservice\" means the furnishing or provision of an entertainment service\\nor of an information service, which is furnished, provided, or delivered\\nby means of any telephony or telegraphy or telephone or telegraph\\nservice (whether intrastate, interstate, or international) of whatever\\nnature, such entertainment or information services provided through 800,\\n888 or 900 numbers, mass announcement services, interactive information\\nnetwork services, collect calls or direct calls.\\n 2. No person, partnership, firm, association or corporation or agent\\nor employee shall advertise the services of an interactive information\\nnetwork service in any broadcast advertisement unless such advertisement\\nshall conspicuously give notice setting forth the total cost of the\\nservice to the consumer, whether or not such cost will be incurred upon\\ncontacting the service or over a period of time, and the cost per call\\nand/or the cost per minute or additional minute, if applicable, of the\\nservice, and which notice, in the case of an international call, shall\\nset forth all costs incident to the service, whether or not such costs\\nwill be incurred upon contacting the service or over a period of time,\\nand which costs shall include, but not be limited to, an estimate of the\\ncost of the consumer's outgoing call based upon the established\\nundiscounted rates of the long-distance provider which then has the most\\ncustomers in this state.\\n 3. No person, partnership, firm, association or corporation or agent\\nor employee shall advertise the services of an interactive information\\nnetwork service in any publication, solicitation or print advertisement\\nunless such advertisement shall conspicuously contain, in at least ten\\npoint bold type, a notice setting forth the total cost of the service to\\nthe consumer, whether or not such cost will be incurred upon contacting\\nthe service or over a period of time, and the cost per call and/or the\\ncost per minute or additional minute, if applicable, of the service, and\\nwhich notice, in the case of an international call, shall set forth all\\ncosts incident to the service, whether or not such costs will be\\nincurred upon contacting the service or over a period of time, and which\\nshall include, but not be limited to, an estimate of the costs of the\\nconsumer's outgoing call based upon the established undiscounted rates\\nof the long-distance provider which then has the most customers in this\\nstate.\\n 4. Nothing in this section shall apply to any television or radio\\nbroadcasting station or to any publisher or printer of a newspaper,\\nmagazine or other form of printed advertising, who broadcasts,\\npublishes, or prints the advertisement.\\n 5. When applicable, providers of interactive information network\\nservices shall cause the following message or words to the effect of the\\nfollowing to be provided to the caller, in the language in which\\ninformation during such call will be provided:\\n \"The call you are placing will cost (rate at which fees or charges are\\nincurred). In order for you to receive the information you are calling\\nfor, that fee will be charged to your telephone bill. If you do not want\\nto pay this amount, please hang up.\"\\n The calculation of any applicable fees by the provider of an\\ninteractive information network service shall not commence until ten\\nseconds after the provision of the notice of fees to be charged to the\\nconsumer required by this subdivision. The provisions of this\\nsubdivision shall not apply to any service provided by: (a) a telephone\\ncorporation as that term is defined in section two of the public service\\nlaw, (b) a provider of mobile service as defined in 47 U.S.C. § 153, or\\n(c) a cable television company as defined in section two hundred twelve\\nof the public service law, or the affiliates of any of the foregoing.\\n 6. For the purposes of this section any games or contests with or\\nwithout prizes being offered shall be an entertainment service.\\n 7. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction to enjoin and restrain the continuance of such violation; and\\nif it shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. Whenever the court shall determine that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not more than five hundred dollars for each violation. In\\nconnection with any such proposed application the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n * NB There are 2 § 336-b's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "337", "title" : "Advertising to procure divorces", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "337", "activeDate" : "2014-09-22", "sequenceNo" : 465, "repealedDate" : null, "fromSection" : "337", "toSection" : "337", "text" : " § 337. Advertising to procure divorces. Whoever prints, publishes,\\ndistributes or circulates, or causes to be printed, published,\\ndistributed or circulated any circular, pamphlet, card, hand bill,\\nadvertisement, printed paper, book, newspaper or notice of any kind\\noffering to advise on laws of any foreign state, nation or jurisdiction\\nfor the express purpose of procuring or aiding in procuring any divorce,\\nseverance, dissolution, or annulment or any marriage, or offering to\\nprocure or to aid in procuring any divorce, or the severance,\\ndissolution, or annulment of any marriage, or offering to engage, appear\\nor act as attorney or counsel in any suit for alimony or divorce or the\\nseverance, dissolution or annulment of any marriage, either in this\\nstate or elsewhere, is guilty of a misdemeanor. This section shall not\\napply to the printing or publishing of any notice or advertisement\\nrequired or authorized by any law of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A21-A", "title" : "Fraudulent Transactions In Securities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "21-A", "activeDate" : "2014-09-22", "sequenceNo" : 466, "repealedDate" : null, "fromSection" : "339", "toSection" : "339-F", "text" : " ARTICLE 21-A\\n FRAUDULENT TRANSACTIONS IN SECURITIES\\nSection 339. Reporting or publishing fictitious transactions in\\n securities.\\n 339-a. False statement or advertisement as to securities.\\n 339-b. Manipulation of prices of securities.\\n 339-c. Trading by brokers against customers' orders.\\n 339-d. Transactions by brokers and dealers after insolvency.\\n 339-e. Hypothecation of customer's securities.\\n 339-f. Delivery to customers of memoranda of transactions by\\n brokers.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339", "title" : "Reporting or publishing fictitious transactions in securities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339", "activeDate" : "2014-09-22", "sequenceNo" : 467, "repealedDate" : null, "fromSection" : "339", "toSection" : "339", "text" : " § 339. Reporting or publishing fictitious transactions in securities.\\nA person who, with intent to deceive, reports or publishes, or causes to\\nbe reported or published as a purchase or sale of the stocks, bonds or\\nother evidences of debt of a corporation, company or association, any\\ntransaction therein, whereby no actual change of ownership or interest\\nis effected, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339-A", "title" : "False statement or advertisement as to securities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339-A", "activeDate" : "2014-09-22", "sequenceNo" : 468, "repealedDate" : null, "fromSection" : "339-A", "toSection" : "339-A", "text" : " § 339-a. False statement or advertisement as to securities. Any\\nperson, who, with intent to deceive, makes, issues or publishes, or\\ncauses to be made, issued or published, any statement or advertisement\\nas to the value or as to facts affecting the value of the stocks, bonds\\nor other evidences of debt of a corporation, company or association, or\\nas to the financial condition or facts affecting the financial condition\\nof any corporation, company or association which has issued, is issuing\\nor is about to issue stocks, bonds or other evidences of debt, and who\\nknows, or has reasonable ground to believe that any material\\nrepresentation, prediction or promise made in such statement or\\nadvertisement is false, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339-B", "title" : "Manipulation of prices of securities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339-B", "activeDate" : "2014-09-22", "sequenceNo" : 469, "repealedDate" : null, "fromSection" : "339-B", "toSection" : "339-B", "text" : " § 339-b. Manipulation of prices of securities. Any person, who\\ninflates, depresses, or causes fluctuations in, or attempts to inflate,\\ndepress or cause fluctuations in, or combines or conspires with any\\nother person or persons to inflate, depress or cause fluctuations in,\\nthe market prices of the stocks, bonds or other evidences of debt of a\\ncorporation, company or association, or of an issue or any part of an\\nissue of the stock, bonds or evidences of debt of a corporation, company\\nor association, by means of pretended purchases and sales thereof, or by\\nany other fictitious transactions or devices, for or on account of such\\nperson or of any other person, or for or on account of the persons so\\ncombining or conspiring, whereby either in whole or in part a\\nsimultaneous change of ownership or of interest in such stocks, bonds or\\nevidences of debt, or of such issue or part of an issue thereof, is not\\neffected, is guilty of a misdemeanor. A pretended purchase or sale of\\nany such stocks, bonds or other evidences of debt whereby, in whole or\\nin part, no simultaneous change of ownership or interest therein is\\neffected, shall be prima facie evidence of the violation of this section\\nby the person or persons taking part in the transaction of such\\npretended purchase or sale.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339-C", "title" : "Trading by brokers against customers' orders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339-C", "activeDate" : "2014-09-22", "sequenceNo" : 470, "repealedDate" : null, "fromSection" : "339-C", "toSection" : "339-C", "text" : " § 339-c. Trading by brokers against customers' orders. A broker, who,\\nbeing employed by a customer to buy and carry upon margin the stocks,\\nbonds or other evidences of debt of a corporation, company or\\nassociation, while acting as broker for such customer in respect of such\\nstocks, bonds or other evidences of debt, sells for his own account the\\nsame kind or issue of stocks, bonds or other evidences of debt of such\\ncorporation, company or association, with intent to trade against the\\ncustomer's order, or, who, being employed by a customer to sell the\\nstocks, bonds or other evidences of debt of a corporation, company or\\nassociation, while acting as broker for such customer in respect to the\\nsale of such stocks, bonds or other evidences of debt, purchases for his\\nown account the same kind or issue of stock, bonds or other evidences of\\ndebt of such corporation, company or association, with intent to trade\\nagainst the customer's order, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339-D", "title" : "Transactions by brokers and dealers after insolvency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339-D", "activeDate" : "2014-09-22", "sequenceNo" : 471, "repealedDate" : null, "fromSection" : "339-D", "toSection" : "339-D", "text" : " § 339-d. Transactions by brokers and dealers after insolvency. Any\\nperson, firm, association or corporation engaged in the business of\\npurchasing and selling as broker or dealer, stocks, bonds or other\\nevidences of debt of corporations, companies or associations who,\\nknowing that he or it is insolvent, accepts or receives from a customer\\nignorant of such broker's or dealer's insolvency, money, stocks, bonds\\nor other evidences of debt belonging to the customer otherwise than in\\nliquidation of, or as security for, an existing indebtedness, is guilty\\nof a misdemeanor. Any person, firm, association or corporation shall be\\ndeemed insolvent within the meaning of this section whenever the\\naggregate of his or its property shall not, at a fair valuation, be\\nsufficient in amount to pay his or its debts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339-E", "title" : "Hypothecation of customer's securities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339-E", "activeDate" : "2014-09-22", "sequenceNo" : 472, "repealedDate" : null, "fromSection" : "339-E", "toSection" : "339-E", "text" : " § 339-e. Hypothecation of customer's securities. Any person, firm,\\nassociation or corporation engaged in the business of purchasing and\\nselling as a broker or dealer stocks, bonds or other evidences of debt\\nof corporations, companies or associations, who\\n 1. Having in his or its possession, for safe keeping or otherwise,\\nstocks, bonds or other evidences of debt of a corporation, company or\\nassociation belonging to a customer, without having any lien thereon or\\nany special property therein, pledges or disposes thereof without such\\ncustomer's consent; or\\n 2. Having in his or its possession stocks, bonds or other evidences of\\ndebt of a corporation, company or association belonging to a customer on\\nwhich he or it has a lien for indebtedness due to him or it by the\\ncustomer, pledges the same for more than the amount due to him or it\\nthereon, or otherwise disposes thereof for his or its own benefit,\\nwithout the customer's consent, and without having in his or its\\npossession or subject to his or its control, stocks, bonds or other\\nevidences of debt of the kind and amount to which the customer is then\\nentitled, for delivery to him upon his demand therefor and tender of the\\namount due thereon, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "339-F", "title" : "Delivery to customers of memoranda of transactions by brokers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339-F", "activeDate" : "2014-09-22", "sequenceNo" : 473, "repealedDate" : null, "fromSection" : "339-F", "toSection" : "339-F", "text" : " § 339-f. Delivery to customers of memoranda of transactions by\\nbrokers. A person engaged in the business of purchasing or selling as\\nbroker stocks, bonds and other evidences of debt of corporations,\\ncompanies or associations shall deliver to each customer on whose behalf\\na purchase or sale of such securities is made by him a statement or\\nmemorandum of such purchase or sale, a description of the securities\\npurchased or sold, the name of the person, firm or corporation from whom\\nsuch securities were purchased, or to which the same were sold, and the\\nday, and the hours between which the transaction took place. A broker\\nwho refuses to deliver such statement or memorandum to a customer within\\ntwenty-four hours after a written demand therefor, or who delivers a\\nstatement or memorandum which is false in any material respect, is\\nguilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A22", "title" : "Monopolies", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-09-20", "2025-10-17" ], "docLevelId" : "22", "activeDate" : "2019-09-20", "sequenceNo" : 474, "repealedDate" : null, "fromSection" : "340", "toSection" : "347-A", "text" : " ARTICLE 22\\n MONOPOLIES\\nSection 340. Contracts or agreements for monopoly or in restraint of\\n trade illegal and void.\\n 340-a. Monies recovered.\\n 341. Penalty.\\n 342. Action to restrain and prevent.\\n 342-a. Recovery of civil penalty by attorney-general.\\n 342-b. Recovery of damages by attorney general.\\n 342-c. Tolling of the period of limitations by proceedings of\\n the United States.\\n 343. Investigation by the attorney general.\\n 345. Witnesses' immunity.\\n 347. Criminal prosecution.\\n 347-a. Fines payable to the office of victim services.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "340", "title" : "Contracts or agreements for monopoly or in restraint of trade illegal and void", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "340", "activeDate" : "2014-09-22", "sequenceNo" : 475, "repealedDate" : null, "fromSection" : "340", "toSection" : "340", "text" : " § 340. Contracts or agreements for monopoly or in restraint of trade\\nillegal and void. 1. Every contract, agreement, arrangement or\\ncombination whereby\\n A monopoly in the conduct of any business, trade or commerce or in the\\nfurnishing of any service in this state, is or may be established or\\nmaintained, or whereby\\n Competition or the free exercise of any activity in the conduct of any\\nbusiness, trade or commerce or in the furnishing of any service in this\\nstate is or may be restrained or whereby\\n For the purpose of establishing or maintaining any such monopoly or\\nunlawfully interfering with the free exercise of any activity in the\\nconduct of any business, trade or commerce or in the furnishing of any\\nservice in this state any business, trade or commerce or the furnishing\\nof any service is or may be restrained, is hereby declared to be against\\npublic policy, illegal and void.\\n 2. Subject to the exceptions hereinafter provided in this section, the\\nprovisions of this article shall apply to licensed insurers, licensed\\ninsurance agents, licensed insurance brokers, licensed independent\\nadjusters and other persons and organizations subject to the provisions\\nof the insurance law, to the extent not regulated by provisions of\\narticle twenty-three of the insurance law; and further provided, that\\nnothing in this section shall apply to the marine insurances, including\\nmarine protection and indemnity insurance and marine reinsurance,\\nexempted from the operation of article twenty-three of the insurance\\nlaw.\\n 3. The provisions of this article shall not apply to cooperative\\nassociations, corporate or otherwise, of farmers, gardeners, or\\ndairymen, including live stock farmers and fruit growers, nor to\\ncontracts, agreements or arrangements made by such associations, nor to\\nbona fide labor unions.\\n 4. The labor of human beings shall not be deemed or held to be a\\ncommodity or article of commerce as such terms are used in this section\\nand nothing herein contained shall be deemed to prohibit or restrict the\\nright of workingmen to combine in unions, organizations and\\nassociations, not organized for the purpose of profit.\\n 5. An action to recover damages caused by a violation of this section\\nmust be commenced within four years after the cause of action has\\naccrued. The state, or any political subdivision or public authority of\\nthe state, or any person who shall sustain damages by reason of any\\nviolation of this section, shall recover three-fold the actual damages\\nsustained thereby, as well as costs not exceeding ten thousand dollars,\\nand reasonable attorneys' fees. At or before the commencement of any\\ncivil action by a party other than the attorney-general for a violation\\nof this section, notice thereof shall be served upon the\\nattorney-general. Where the aggrieved party is a political subdivision\\nor public authority of the state, notice of intention to commence an\\naction under this section must be served upon the attorney-general at\\nleast ten days prior to the commencement of such action. This section\\nshall not apply to any action commenced prior to the effective date of\\nthis act.\\n 6. In any action pursuant to this section, the fact that the state, or\\nany political subdivision or public authority of the state, or any\\nperson who has sustained damages by reason of violation of this section\\nhas not dealt directly with the defendant shall not bar or otherwise\\nlimit recovery; provided, however, that in any action in which claims\\nare asserted against a defendant by both direct and indirect purchasers,\\nthe court shall take all steps necessary to avoid duplicate liability,\\nincluding but not limited to the transfer and consolidation of all\\nrelated actions. In actions where both direct and indirect purchasers\\nare involved, a defendant shall be entitled to prove as a partial or\\ncomplete defense to a claim for damages that the illegal overcharge has\\nbeen passed on to others who are themselves entitled to recover so as to\\navoid duplication of recovery of damages.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "340-A", "title" : "Monies recovered", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "340-A", "activeDate" : "2014-09-22", "sequenceNo" : 476, "repealedDate" : null, "fromSection" : "340-A", "toSection" : "340-A", "text" : " § 340-a. Monies recovered. Notwithstanding any law to the contrary,\\nall monies recovered or obtained under this article by a state agency or\\nstate official or employee acting in their official capacity shall be\\nsubject to subdivision eleven of section four of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "341", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "341", "activeDate" : "2014-09-22", "sequenceNo" : 477, "repealedDate" : null, "fromSection" : "341", "toSection" : "341", "text" : " § 341. Penalty. Every person or corporation, or any officer or agent\\nthereof, who shall make or attempt to make or enter into any such\\ncontract, agreement, arrangement or combination or who within this state\\nshall do any act pursuant thereto, or in, toward or for the consummation\\nthereof, wherever the same may have been made, is guilty of a class E\\nfelony, and on conviction thereof shall, if a natural person, be\\npunished by a fine not exceeding one hundred thousand dollars, or by\\nimprisonment for not longer than four years, or by both such fine and\\nimprisonment; and if a corporation, by a fine of not exceeding one\\nmillion dollars. An indictment or information based on a violation of\\nany of the provisions of this section must be found within three years\\nafter its commission. No criminal proceeding barred by prior limitation\\nshall be revived by this act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "342", "title" : "Action to restrain and prevent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "342", "activeDate" : "2014-09-22", "sequenceNo" : 478, "repealedDate" : null, "fromSection" : "342", "toSection" : "342", "text" : " § 342. Action to restrain and prevent. The attorney-general may bring\\nan action in the name and in behalf of the people of the state against\\nany person, trustee, director, manager or other officer or agent of a\\ncorporation, or against a corporation, foreign or domestic, to restrain\\nand prevent the doing in this state of any act herein declared to be\\nillegal, or any act in, toward or for the making or consummation of any\\ncontract, agreement, arrangement or combination herein prohibited,\\nwherever the same may have been made. In such an action, the court may\\naward to the plaintiff a sum not in excess of twenty thousand dollars as\\nan additional allowance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "342-A", "title" : "Recovery of civil penalty by attorney-general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "342-A", "activeDate" : "2014-09-22", "sequenceNo" : 479, "repealedDate" : null, "fromSection" : "342-A", "toSection" : "342-A", "text" : " § 342-a. Recovery of civil penalty by attorney-general. In lieu of any\\npenalty otherwise prescribed for a violation of a provision of this\\narticle and in addition to an action pursuant to section three hundred\\nforty-two of this article, the attorney-general may bring an action in\\nthe name and in behalf of the people of the state against any person,\\ntrustee, director, manager or other officer or agent of a corporation,\\nor against a corporation, foreign or domestic, to recover a penalty in\\nthe sum specified in section three hundred forty-one of this article for\\nthe doing in this state of any act herein declared to be illegal, or any\\nact in, toward or for the making or consummation of any contract,\\nagreement, arrangement or combination herein prohibited, wherever the\\nsame may have been made. The action must be brought within three years\\nafter the commission of the act upon which it is based.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "342-B", "title" : "Recovery of damages by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "342-B", "activeDate" : "2014-09-22", "sequenceNo" : 480, "repealedDate" : null, "fromSection" : "342-B", "toSection" : "342-B", "text" : " § 342-b. Recovery of damages by attorney general. In addition to\\nexisting statutory authority to bring such actions on behalf of the\\nstate and public authorities, the attorney general may also bring action\\non behalf of any political subdivision or public authority of the state\\nupon the request of such political subdivision or public authority to\\nrecover damages for violations of section three hundred forty of this\\narticle, or to recover damages provided for by federal law for\\nviolations of the federal antitrust laws. In any class action the\\nattorney general may bring on behalf of these or other subordinate\\ngovernmental entities, any governmental entity that does not\\naffirmatively exclude itself from the action, upon due notice thereof,\\nshall be deemed to have requested to be treated as a member of the class\\nrepresented in that action. The attorney general, on behalf of the\\nstate of New York, shall be entitled to retain from any moneys recovered\\nin such actions the costs and expenses of such services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "342-C", "title" : "Tolling of the period of limitations by proceedings of the United States", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "342-C", "activeDate" : "2014-09-22", "sequenceNo" : 481, "repealedDate" : null, "fromSection" : "342-C", "toSection" : "342-C", "text" : " § 342-c. Tolling of the period of limitations by proceedings of the\\nUnited States. Whenever any civil or criminal proceeding is instituted\\nby the federal government to prevent, restrain, or punish violations of\\nthe federal antitrust laws, the running of the period of limitations in\\nrespect of every right of action arising under sections three hundred\\nforty, three hundred forty-two and three hundred forty-two-a of this\\narticle, based in whole or in part on any matter complained of in the\\nfederal proceeding, shall be suspended during the pendency of said\\nproceeding and for one year thereafter; provided, however, that whenever\\nthe running of the period of limitations in respect of a right of action\\narising under sections three hundred forty, three hundred forty-two or\\nthree hundred forty-two-a of this article is suspended hereunder, any\\naction to enforce such right of action shall be forever barred unless\\ncommenced either within the period of suspension or within the period of\\nlimitations otherwise prescribed in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "343", "title" : "Investigation by the attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "343", "activeDate" : "2014-09-22", "sequenceNo" : 482, "repealedDate" : null, "fromSection" : "343", "toSection" : "343", "text" : " § 343. Investigation by the attorney general. Whenever it shall appear\\nto the attorney general, either upon complaint or otherwise, that any\\nperson or persons, partnership, corporation, company, trust or\\nassociation shall have engaged in or engages in or is about to engage in\\nany act or practice by this article prohibited or declared to be\\nillegal, or that any person, persons, partnership, corporation, company,\\ntrust or association has assisted or participated in any plan, scheme,\\nagreement or combination of the nature described herein, or whenever he\\nbelieves it to be in the public interest that an investigation be made,\\nhe may in his discretion either require or permit such person, persons,\\npartnership, corporation, company, trust or association to file with him\\na statement in writing under oath or otherwise as to all the facts and\\ncircumstances concerning the subject matter which he believes is to be\\nto the public interest to investigate. The attorney general may also\\nrequire such other data and information as he may deem relevant and may\\nmake such special and independent investigations as he may deem\\nnecessary in connection with the matter. The attorney general, his\\ndeputy, assistant, or other officer designated by him, is empowered to\\nsubpoena witnesses, compel their attendance, examine them under oath\\nbefore himself or a magistrate, a court of record or a judge or justice\\nthereof, and require the production of any books or papers which he\\ndeems relevant or material to the inquiry. Any person, persons,\\npartnership, corporation, company, trust or association subject to\\nservice of a summons within or without the state pursuant to article\\nthree of the civil practice law and rules shall be subject to the\\nservice of a subpoena properly issued pursuant to this section. Any\\nsubpoena served hereunder without the state shall be issued on an\\nex-parte order of the court based upon a showing that the information or\\ntestimony sought bears a reasonable relationship to the subject matter\\nunder investigation. All papers filed in connection with the obtaining\\nof said order may be maintained under seal by the clerk of the court\\nupon application of the attorney general to the court. Any person,\\npersons, partnership, corporation, company, trust, or association, who\\nhas been served with subpoena pursuant to this section may make a\\nmotion, pursuant to section twenty-three hundred four of the civil\\npractice law and rules, to quash, fix conditions, or modify such\\nsubpoena. Any and all papers previously sealed by the court may be made\\navailable to the person making such motion. Such power of subpoena and\\nexamination shall not abate or terminate by reason of any action or\\nproceeding brought by the attorney general under this article. No person\\nshall be excused from attending such inquiry in pursuance to the\\nmandates of a subpoena, or from producing a paper or book, document or\\nany other record, or from being examined or required to answer questions\\non the ground of failure to tender or pay a witness fee or mileage\\nunless demand therefor is made at the time testimony is about to be\\ntaken and as a condition precedent to offering such production or\\ntestimony and unless payment thereof be not thereupon made. The\\nprovisions for payment of witness fee and/or mileage do not apply to any\\nofficer, director or person in the employ of any person, partnership,\\ncompany, corporation, trust or association whose conduct or practices\\nare being investigated. If a person subpoenaed to attend such inquiry\\nfails to obey the command of the subpoena without good cause, or if a\\nperson in attendance upon such inquiry shall without reasonable cause\\nrefuse to be sworn or to answer a question or to produce a book, paper,\\ndocument or other record when ordered to do so by the officer conducting\\nsuch inquiry, or if a person, partnership, corporation, company, trust\\nor association fails to perform any act hereunder required to be\\nperformed, he shall be guilty of a misdemeanor. The foregoing shall not\\nprevent the attorney general from instituting civil contempt proceedings\\nunder section twenty-three hundred eight (b) of the civil practice law\\nand rules against any person who violates any of the above provisions.\\nIt shall be the duty of all public officers, their deputies, assistants,\\nclerks, subordinates or employees, and all other persons to render and\\nfurnish to the attorney general, his deputy or other designated\\nrepresentative, when so requested, all information and assistance in\\ntheir possession or within their power. Any officer participating in\\nsuch inquiry and any person examined as a witness upon such inquiry who\\nshall disclose to any person other than the attorney general the name of\\nany witness examined or any other information obtained upon such\\ninquiry, except as so directed by the attorney general shall be guilty\\nof a misdemeanor. Such inquiry may upon written authorization of the\\nattorney general be made public.\\n The misdemeanors provided in this section shall be punishable by a\\nfine of not more than one thousand dollars or imprisonment for not more\\nthan one year, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "345", "title" : "Witnesses' immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "345", "activeDate" : "2014-09-22", "sequenceNo" : 483, "repealedDate" : null, "fromSection" : "345", "toSection" : "345", "text" : " § 345. Witnesses' immunity. Upon any investigation before the attorney\\ngeneral or his deputy or other officer designated by him, or in any\\ncriminal proceeding before any court or grand jury, pursuant to or for a\\nviolation of any of the provisions of this article, the attorney\\ngeneral, his deputy or other officer designated by him, or the court or\\ngrand jury, may confer immunity in accordance with the provisions of\\nsection section 50.20 or 190.40 of the criminal procedure law. Provided,\\nthat upon twenty-four hours written notice to the attorney general, in\\nany such criminal proceeding at which the attorney general or his deputy\\nis not present, immunity may be conferred; but where such notice has not\\nbeen given a witness who has had immunity otherwise properly conferred\\nupon him shall not be deprived thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "347", "title" : "Criminal prosecution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "347", "activeDate" : "2014-09-22", "sequenceNo" : 484, "repealedDate" : null, "fromSection" : "347", "toSection" : "347", "text" : " § 347. Criminal prosecution. The attorney general may prosecute every\\nperson charged with the commission of a criminal offense in violation of\\nthe laws of this state, applicable to or in respect of the practices or\\ntransactions referred to in this article. In any such prosecution by the\\nattorney general or a district attorney hereunder, the provisions of\\nsection three hundred ninety-nine, of the code of criminal procedure\\nshall not be applicable. In all such proceedings, the attorney general\\nmay appear in person or by his deputy before any court of record or any\\ngrand jury and exercise all the powers and perform all the duties in\\nrespect of such actions or proceedings which the district attorney would\\notherwise be authorized or required to exercise or perform; or the\\nattorney general may in his discretion transmit evidence, proof and\\ninformation as to such offense to the district attorney of the county or\\ncounties in which the alleged violation has occurred, and every district\\nattorney to whom such evidence, proof and information is so transmitted\\nshall forthwith proceed to prosecute any corporation, company,\\nassociation, or officer, manager or agent thereof, or any firm or person\\ncharged with such violation. A district attorney shall give reasonable\\nnotice to the attorney general of intention to prosecute under this\\narticle and the attorney general may appear in any criminal proceeding\\nbrought under this article. In any such proceeding, wherein the attorney\\ngeneral has appeared either in person or by deputy, the district\\nattorney shall only exercise such powers and perform such duties as are\\nrequired of him by the attorney general or the deputy attorney general\\nso appearing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "347-A", "title" : "Fines payable to the office of victim services", "docType" : "SECTION", "publishedDates" : [ "2019-09-20", "2019-11-15" ], "docLevelId" : "347-A", "activeDate" : "2019-11-15", "sequenceNo" : 485, "repealedDate" : null, "fromSection" : "347-A", "toSection" : "347-A", "text" : " § 347-a. Fines payable to the office of victim services. Following\\nsentencing for a crime pursuant to section three hundred forty-one of\\nthis article or upon a judgment pursuant to section three hundred\\nforty-two-a of this article, the court in its discretion may determine\\nthat any fine or penalty or any portion thereof shall be paid to the\\noffice of victim services to be expended for any purpose of article\\ntwenty-two of the executive law as provided by subdivision nineteen of\\nsection six hundred twenty-three of such law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A22-A", "title" : "Consumer Protection From Deceptive Acts and Practices", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-11-28", "2019-08-30", "2024-05-03", "2025-05-16", "2025-05-23", "2025-12-26", "2026-02-27", "2026-04-03" ], "docLevelId" : "22-A", "activeDate" : "2019-08-30", "sequenceNo" : 486, "repealedDate" : null, "fromSection" : "349", "toSection" : "350-F-1", "text" : " ARTICLE 22-A\\n CONSUMER PROTECTION FROM DECEPTIVE ACTS AND PRACTICES\\nSection 349. Deceptive acts and practices unlawful.\\n 349-a. Observant consumer protection law.\\n 349-b. Residential telephone equipment advertising, sale and\\n warranty requirements.\\n 349-b-1. Voice over internet protocol 911 disclosure.\\n 349-c. Additional civil penalty for consumer frauds against\\n elderly persons.\\n 349-d. Energy services company consumers bill of rights.\\n 349-e. Counterfeit and non-functional airbags.\\n 349-f. Pension poaching prevention.\\n 350. False advertising unlawful.\\n 350-a. False advertising.\\n 350-b. Disclosures required in advertisements using the title\\n \"doctor\".\\n 350-b-1. Disclosures required in advertisements using a senior\\n specific designation.\\n 350-c. Notice of proposed action.\\n 350-d. Civil penalty.\\n 350-e. Construction.\\n 350-f. Exceptions.\\n 350-f-1. After-the-fact referral fees.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349", "title" : "Deceptive acts and practices unlawful", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27", "2026-04-03" ], "docLevelId" : "349", "activeDate" : "2014-09-22", "sequenceNo" : 487, "repealedDate" : null, "fromSection" : "349", "toSection" : "349", "text" : " § 349. Deceptive acts and practices unlawful. (a) Deceptive acts or\\npractices in the conduct of any business, trade or commerce or in the\\nfurnishing of any service in this state are hereby declared unlawful.\\n (b) Whenever the attorney general shall believe from evidence\\nsatisfactory to him that any person, firm, corporation or association or\\nagent or employee thereof has engaged in or is about to engage in any of\\nthe acts or practices stated to be unlawful he may bring an action in\\nthe name and on behalf of the people of the state of New York to enjoin\\nsuch unlawful acts or practices and to obtain restitution of any moneys\\nor property obtained directly or indirectly by any such unlawful acts or\\npractices. In such action preliminary relief may be granted under\\narticle sixty-three of the civil practice law and rules.\\n (c) Before any violation of this section is sought to be enjoined, the\\nattorney general shall be required to give the person against whom such\\nproceeding is contemplated notice by certified mail and an opportunity\\nto show in writing within five business days after receipt of notice why\\nproceedings should not be instituted against him, unless the attorney\\ngeneral shall find, in any case in which he seeks preliminary relief,\\nthat to give such notice and opportunity is not in the public interest.\\n (d) In any such action it shall be a complete defense that the act or\\npractice is, or if in interstate commerce would be, subject to and\\ncomplies with the rules and regulations of, and the statutes\\nadministered by, the federal trade commission or any official\\ndepartment, division, commission or agency of the United States as such\\nrules, regulations or statutes are interpreted by the federal trade\\ncommission or such department, division, commission or agency or the\\nfederal courts.\\n (e) Nothing in this section shall apply to any television or radio\\nbroadcasting station or to any publisher or printer of a newspaper,\\nmagazine or other form of printed advertising, who broadcasts,\\npublishes, or prints the advertisement.\\n (f) In connection with any proposed proceeding under this section, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts, and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n (g) This section shall apply to all deceptive acts or practices\\ndeclared to be unlawful, whether or not subject to any other law of this\\nstate, and shall not supersede, amend or repeal any other law of this\\nstate under which the attorney general is authorized to take any action\\nor conduct any inquiry.\\n (h) In addition to the right of action granted to the attorney general\\npursuant to this section, any person who has been injured by reason of\\nany violation of this section may bring an action in his own name to\\nenjoin such unlawful act or practice, an action to recover his actual\\ndamages or fifty dollars, whichever is greater, or both such actions.\\nThe court may, in its discretion, increase the award of damages to an\\namount not to exceed three times the actual damages up to one thousand\\ndollars, if the court finds the defendant willfully or knowingly\\nviolated this section. The court may award reasonable attorney's fees to\\na prevailing plaintiff.\\n (j) Notwithstanding any law to the contrary, all monies recovered or\\nobtained under this article by a state agency or state official or\\nemployee acting in their official capacity shall be subject to\\nsubdivision eleven of section four of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-A", "title" : "Observant consumer protection law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-07-11" ], "docLevelId" : "349-A", "activeDate" : "2014-09-22", "sequenceNo" : 488, "repealedDate" : null, "fromSection" : "349-A", "toSection" : "349-A", "text" : " § 349-a. Observant consumer protection law. 1. No person selling or\\nexposing for sale any mezuzah or tefillin which, to the seller's\\nknowledge, does not satisfy orthodox Hebrew ritual requirements shall\\nrepresent, by direct or implied oral or written statement, that such\\nmezuzah or tefillin is kosher or meets orthodox Hebrew religious\\nrequirements.\\n 2. No manufacturer, fabricator or importer of mezuzahs or tefillin\\nshall sell or transfer for sale any mezuzah or tefillin unless the\\nfollowing truthful consumer information is printed legibly upon the\\narticle itself, upon its packaging, or upon a label securely attached\\nthereto:\\n (a) the name and address of the manufacturer, fabricator, or importer;\\n (b) in the case of any mezuzah or tefillin that, in the form\\nreasonably expected to be sold at retail, is not in accordance with\\northodox Hebrew ritual requirements, the word \"non-kosher.\"\\n 3. No person selling or exposing for sale any mezuzah or tefillin\\nshall sell such article without the accompanying consumer information\\nspecified in subdivision two of this section.\\n 4. Any sale, transfer for sale, or exposure for sale in violation of\\nthe provisions of this section shall be deemed a deceptive practice\\nwithin the meaning of section three hundred forty-nine of this chapter,\\nand any remedy provided therein shall be available for the enforcement\\nof this section.\\n 5. (a) \"Mezuzah\" means the religious article designed to be affixed,\\naccording to Jewish law, to the doorposts of rooms in a home, including\\nthe parchment or other matter upon which passages from the Bible are\\nwritten, and the writing thereon.\\n (b) \"Tefillin\" means the religious article, also known as\\n\"phylacteries,\" designed to be worn, according to Jewish law, on the\\nupper arm and head during morning prayers, including the parchment or\\nother matter upon which passages from the Bible are written, the writing\\nthereon, the capsules in which the parchment is contained, and the\\nstraps affixed thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-B", "title" : "Residential telephone equipment advertising, sale and warranty requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349-B", "activeDate" : "2014-09-22", "sequenceNo" : 489, "repealedDate" : null, "fromSection" : "349-B", "toSection" : "349-B", "text" : " § 349-b. Residential telephone equipment advertising, sale and\\nwarranty requirements. 1. For the purpose of this section:\\n (a) \"Residential telephone equipment\" shall mean customer premises\\nequipment such as telephone handsets, designed for use on the\\nresidential premises of a person, other than a carrier, to originate,\\nroute or terminate telecommunications, and does not include equipment\\nused to multiplex, maintain or terminate access lines;\\n (b) \"New residential telephone equipment\" shall mean residential\\ntelephone equipment that is neither rebuilt nor used;\\n (c) \"Rebuilt residential telephone equipment\" shall mean residential\\ntelephone equipment which has been modified, rebuilt, improved or\\nreconditioned, either with new components or with components which were\\npreviously used in other equipment;\\n (d) \"Used residential telephone equipment\" shall mean residential\\ntelephone equipment previously used by another person and in proper\\nworking order but not modified, rebuilt, improved or reconditioned;\\n (e) \"Consumer\" or \"purchaser\" shall mean a retail customer who\\npurchases such equipment for personal use in a place of residence; and\\n (f) \"Seller\" shall mean any retailer, distributor or manufacturer who\\nsells or offers for sale new residential telephone equipment, rebuilt\\nresidential telephone equipment or used residential telephone equipment\\ndirectly to a consumer or purchaser or places in the chain of\\ndistribution such equipment to be ultimately sold to a consumer or\\npurchaser.\\n 2. Any manufacturer of new residential telephone equipment, rebuilt\\nresidential telephone equipment or used residential telephone equipment\\nshall specify on or in the package in which such equipment is sold, and\\nany seller shall specify in all advertisements and catalogues excepting\\ntelevision, radio and cable television advertising whether such\\nequipment employs pulse, tone, pulse-or-tone or another signalling\\nmethod and a statement as to whether such equipment is capable of\\naccessing tone-actuated computer systems.\\n 3. Notwithstanding any other provisions of this chapter, the\\nprovisions of subdivision two of this section shall not apply to any of\\nthe following:\\n (a) Advertising, point-of-sale advertising, catalogues for and sales\\nof such equipment not intended for direct connection to a telephone\\ncorporation's lines or a central switching office;\\n (b) Advertising for such equipment located on a customer's premises\\noffered for sale in place; and\\n (c) Catalogues and equipment packages for such equipment which are in\\nprint or physical production on or before the effective date of this\\nsection.\\n 4. Any manufacturer of such equipment shall specify on the package and\\nany retailer shall specify in conspicuous notice at the point-of-sale,\\nexcepting sale in place:\\n (a) whether such equipment is rebuilt or used;\\n (b) whether such equipment requires a source of power or connection\\nother than ordinary connections to the inside premises' telephone wiring\\nof the customer.\\n 5. Any manufacturer of such equipment, except equipment sold in place,\\nshall specify on the package the period of warranty of such equipment.\\nInformation regarding obtaining a copy of the warranty showing the name\\nand address of the manufacturer or other person to whom service\\nquestions or warranty claims should be addressed during the warranty\\nduration shall be specified on or in the package.\\n 6. Any seller of such equipment, except equipment sold in place, shall\\nprovide written warranties of not less than one year for new residential\\ntelephone equipment, not less than ninety days for rebuilt residential\\ntelephone equipment and not less than sixty days for used residential\\ntelephone equipment. All warranties shall guarantee that the equipment\\nso warranted is fit for the use for which it is intended during the time\\nperiod specified in this subdivision. The primary obligation to provide\\nthe written warranty required by this section shall be the obligation of\\nthe manufacturer or distributor of the residential telephone equipment.\\nA retailer shall be deemed to have complied with this section if the\\nresidential telephone equipment it sells is warranted in compliance with\\nthe requirements of this section by the manufacturer or distributor. If\\nthe equipment does not conform to the written warranty and the consumer\\nor purchaser reports, during the effective period of the warranty, such\\nnonconformity, defect or condition to the manufacturer, the distributor,\\nor the retailer from whom the consumer or purchaser purchased the\\nequipment, such equipment shall be replaced or repaired, free of charge\\nby any such seller to whom the consumer or purchaser reports the\\nnonconformity, defect or condition.\\n 7. It shall be an affirmative defense to any claim under this section\\nthat the nonconformity, defect or condition is the result of abuse,\\ndamage while in transit to a service location, neglect or unauthorized\\nmodifications or alterations to such telephone equipment.\\n 8. Nothing in this section shall in any way limit the rights or\\nremedies which are otherwise available to a consumer or purchaser under\\nany other law.\\n 9. Nothing in this section shall in any way limit the rights or\\nremedies which are otherwise available to a seller against any other\\nseller. Any seller who repairs or replaces residential telephone\\nequipment at the request of a consumer or purchaser shall have a right\\nof subrogation to assert any claim the consumer or purchaser would have\\nhad against any prior seller in the chain of distribution.\\n 10. Any person who has been injured by reason of any violation of this\\nsection may bring an action to enjoin such unlawful act or practice and\\nto recover actual damages or fifty dollars, whichever is greater. The\\ncourt may, in its discretion, increase the award of damages to an amount\\nnot to exceed three times the actual damages up to one thousand dollars\\nif the court finds the defendant willfully or knowingly violated this\\nsection.\\n 11. Any agreement entered into by a consumer for the purchase of new\\nresidential telephone equipment, rebuilt residential telephone equipment\\nor used residential telephone equipment which waives, limits or\\ndisclaims the rights set forth in this section shall be void as contrary\\nto the public policy.\\n 12. Any action brought pursuant to this section shall be commenced\\nwithin three years of the date of original delivery of such equipment to\\nthe consumer or purchaser.\\n 13. A court may award reasonable attorney's fees to a prevailing\\nplaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-B-1", "title" : "Voice over internet protocol 911 disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349-B-1", "activeDate" : "2014-09-22", "sequenceNo" : 490, "repealedDate" : null, "fromSection" : "349-B-1", "toSection" : "349-B-1", "text" : " § 349-b-1. Voice over internet protocol 911 disclosure. 1. For the\\npurpose of this section:\\n (a) \"Consumer\" or \"purchaser\" means a retail customer who purchases\\nvoice over internet protocol services for personal use in a place of\\nresidence or elsewhere in New York state;\\n (b) \"Seller\" or \"reseller\" means any retailer, distributor,\\nmanufacturer, or third-party who sells or offers for sale voice over\\ninternet protocol equipment or service therefor or both directly to a\\nconsumer or purchaser or places in the chain of distribution such\\nequipment to be ultimately sold to a consumer or purchaser;\\n (c) \"Voice over internet protocol\" or \"VoIP\" shall have the same\\nmeaning as the term \"interconnected VoIP service\" as set forth in 47\\nC.F.R., Section 9.3, or any successor regulation adopted by the Federal\\nCommunications Commission, and which defines the term as a service that:\\n (i) enables real-time, two-way voice communications,\\n (ii) requires a broadband connection to the user's location,\\n (iii) requires internet protocol-compatible customer premises\\nequipment (CPE), and\\n (iv) permits users generally to receive calls that originate on the\\npublic switched telephone network (PSTN) and to terminate calls to the\\nPSTN. For purposes of this section, three different types of VoIP\\nservice offered to consumers are addressed as defined in this paragraph:\\nfixed, nomadic and foreign exchange;\\n (d) \"E911 system\" or \"enhanced 911\" has the meaning provided for by\\nsubdivision three of section three hundred one of the county law;\\n (e) \"Basic 911\" or \"911\" means a service that connects the caller to a\\npublic service answering point (PSAP);\\n (f) \"Public service answering point\" or \"PSAP\" has the meaning\\nprovided for in subdivision six of section three hundred one of the\\ncounty law;\\n (g) \"Fixed VoIP consumer\" means a consumer whose VoIP service permits\\nthe placement of a telephone call from only the location where such\\nservice is being provided;\\n (h) \"Nomadic VoIP consumer\" means a consumer whose VoIP service\\nprovider and service allows such consumer to make calls from any\\nlocation where such consumer can obtain access to internet service;\\n (i) \"Foreign exchange VoIP consumer\" means a consumer whose VoIP\\nservice provider and service allow such consumer in one telephone\\nexchange to receive telephone calls placed as local calls in another\\nexchange that such consumer has selected (e.g. a consumer located in the\\ncity of Amsterdam or the city of Utica with a New York city local\\ntelephone number).\\n 2. (a) All VoIP sellers and resellers shall provide consumers with\\nnotification, before service commencement and during service provision,\\nregarding any material limitations associated with their basic or\\nenhanced 911 service, and whether such service is basic 911 service or\\nenhanced 911 service.\\n (b) Such notice shall be provided to consumers in the marketing\\nmaterial used for television, radio, and printed media; in the terms and\\nconditions of service; in on-line material; through VoIP sellers' and\\nresellers' customer service representatives; in consumer service\\ncontracts; and in VoIP services starter and installation kits.\\n (c) Such sellers and resellers shall also secure consumers' express\\nacknowledgement that they are aware of any limitations upon basic or\\nenhanced 911 services from the VoIP services offered by such sellers and\\nresellers prior to providing consumers with VoIP service.\\n (d) Where service limitations exist, or both basic and enhanced 911\\nservice are unavailable to the consumer, VoIP sellers and resellers\\nshall provide consumer notification during service provision, and by\\nissuing warning stickers to be affixed to telephone sets through any\\nsubsequent advertising, and annually in the customer's billing insert.\\n (e) All VoIP sellers and resellers shall provide nomadic VoIP\\nconsumers with notification, both before service commencement and during\\nservice provision, regarding the necessity (if applicable) of\\nre-initializing or resetting or reactivating such consumers' basic or\\nenhanced 911 services at each new location from which such consumers\\naccess VoIP services.\\n (f) All VoIP sellers and resellers shall use all reasonable efforts to\\nprevent basic or enhanced 911 calls from foreign exchange VoIP consumers\\nfrom being routed to the wrong PSAP.\\n 3. Nothing in this section shall in any way limit the rights or\\nremedies that are otherwise available to a consumer or purchaser under\\nany other law.\\n 4. Nothing in this section shall in any way limit the rights or\\nremedies that are otherwise available to any seller or reseller against\\nany other seller or reseller of VoIP services or equipment or both.\\n 5. The attorney general may bring a civil action against any seller or\\nreseller who violates any provision of this section to enforce the\\nviolation and may recover any or all of the following:\\n (a) up to one hundred thousand dollars for a knowing pattern or\\npractice of such violations;\\n (b) costs and reasonable attorney's fees; and\\n (c) whenever the attorney general believes from evidence satisfactory\\nto him or her that a knowing violation of this section or a pattern or\\npractice of violating this section has occurred or is about to occur, an\\norder to enjoin such violation.\\n 6. Nothing in this section is intended to extend, limit or conflict\\nwith the notice and related obligations of providers subject to 47\\nC.F.R. part 9 or any successor regulation or law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-C", "title" : "Additional civil penalty for consumer frauds against elderly persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349-C", "activeDate" : "2014-09-22", "sequenceNo" : 491, "repealedDate" : null, "fromSection" : "349-C", "toSection" : "349-C", "text" : " § 349-c. Additional civil penalty for consumer frauds against elderly\\npersons. 1. Definition. As used in this section elderly person means a\\nperson who is sixty-five years of age or older.\\n 2. Supplemental civil penalty. (a) In addition to any liability for\\ndamages or a civil penalty imposed pursuant to sections three hundred\\nforty-nine, three hundred fifty-c and three hundred fifty-d of this\\nchapter, regarding deceptive practices and false advertising, and\\nsubdivision twelve of section sixty-three of the executive law,\\nregarding proceedings by the attorney general for equitable relief\\nagainst fraudulent or illegal consumer fraud, a person or entity who\\nengages in any conduct prohibited by said provisions of law, and whose\\nconduct is perpetrated against one or more elderly persons, may be\\nliable for an additional civil penalty not to exceed ten thousand\\ndollars, if the factors in paragraph (b) of this subdivision are\\npresent.\\n (b) In determining whether to impose a supplemental civil penalty\\npursuant to paragraph (a) of this subdivision, and the amount of any\\nsuch penalty, the court shall consider, in addition to other appropriate\\nfactors, the extent to which the following factors are present:\\n (1) Whether the defendant knew that the defendant's conduct was\\ndirected to one or more elderly persons or whether the defendant's\\nconduct was in willful disregard of the rights of an elderly person;\\n (2) Whether the defendant's conduct caused an elderly person or\\npersons to suffer severe loss or encumbrance of a primary residence,\\nprincipal employment or source of income, substantial loss of property\\nset aside for retirement or for personal and family care and\\nmaintenance, substantial loss of payments received under a pension or\\nretirement plan or a government benefits program; or assets essential to\\nthe health or welfare of the elderly person or whether one or more\\nelderly persons were substantially more vulnerable to the defendant's\\nconduct because of age, poor health, infirmity, impaired understanding,\\nrestricted mobility, or disability, and actually suffered physical,\\nemotional, or economic damage resulting from the defendant's conduct.\\n 3. There is hereby established in the state treasury a special fund to\\nbe known as the elderly victim fund, which shall consist of and into\\nwhich shall be paid all moneys derived from supplemental civil penalties\\nimposed pursuant to this section. The moneys in such fund shall be\\nadministered by the department of law and shall be expended solely for\\nthe investigation of and prosecution of consumer frauds against elderly\\npersons. The moneys in the fund shall be paid out on the audit and\\nwarrant of the comptroller on vouchers certified or approved by the\\nattorney general. Notwithstanding any other provision of law to the\\ncontrary, any balance in the said fund on March thirty-first of any\\nfiscal year shall not revert to the general fund of the state.\\n 4. Restitution to be given priority. Restitution ordered pursuant to\\nthe provisions of law listed in subdivision two of this section shall be\\ngiven priority over the imposition of civil penalties designated by the\\ncourt under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-D", "title" : "Energy services company consumers bill of rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-22", "2024-03-22", "2025-12-26", "2026-02-20", "2026-06-19" ], "docLevelId" : "349-D", "activeDate" : "2014-09-22", "sequenceNo" : 492, "repealedDate" : null, "fromSection" : "349-D", "toSection" : "349-D", "text" : " § 349-d. Energy services company consumers bill of rights. 1. For the\\npurpose of this section:\\n (a) \"Energy services\" shall mean electricity and/or natural gas;\\n (b) \"Energy services company\" or \"ESCO\" shall mean an entity eligible\\nto sell energy services to end-use customers using the transmission or\\ndistribution system of a utility;\\n (c) \"Customer\" shall mean any person who is sold or offered an energy\\nservices contract by an ESCO (i) for residential utility service, or\\n(ii) through door-to-door sales; and\\n (d) \"Door-to-door sales\" shall mean the sale of energy services in\\nwhich the ESCO or the ESCO's representative personally solicits the\\nsale, and the buyer's agreement or offer to purchase is made at a place\\nother than the place of business of the seller; provided that such term\\nshall not include any sale which is conducted and consummated entirely\\nby mail, telephone or other electronic means, or during a scheduled\\nappointment at the premises of a buyer of nonresidential utility\\nservice, or through solicitations of commercial accounts at trade or\\nbusiness shows, conventions or expositions.\\n 2. Any person who sells or offers for sale any energy services to a\\ncustomer for or on behalf of an ESCO shall (a) properly identify himself\\nor herself and the energy services company or companies which he or she\\nrepresents; (b) explain that he or she does not represent a distribution\\nutility; (c) explain the purpose of the solicitation; (d) provide each\\nprospective customer with a copy of the \"ESCO consumers bill of rights\"\\ndeveloped by the public service commission, in consultation with the\\nLong Island power authority, the state consumer protection board and the\\ndepartment of law; and (e) provide any written materials, including\\ncontracts and the \"ESCO consumers bill of rights\", in the same language\\nutilized to solicit the prospective customer.\\n 3. No person who sells or offers for sale any energy services for, or\\non behalf of, an ESCO shall engage in any deceptive acts or practices in\\nthe marketing of energy services.\\n 4. No contract for provision of energy services by an ESCO shall\\nrequire any customer prepayment for energy services. However, an ESCO\\nmay offer a customer an option of prepayment. Any contract providing for\\nprepayment may be cancelled by the customer, without any penalty or\\nobligation, within ninety calendar days. Any unused portion of the\\nprepayment shall be returned to the customer by the ESCO within thirty\\nbusiness days following receipt of notice of cancellation.\\n 5. No contract for provision of energy services by an ESCO shall\\nrequire the customer to pay any fee for termination or early\\ncancellation of a contract in excess of either (a) one hundred dollars\\nfor any contract with a remaining term of less than twelve months; (b)\\ntwo hundred dollars for any contract with a remaining term of twelve\\nmonths or more; or (c) twice the estimated bill for energy services for\\nan average month. To charge a fee based on the estimated bill for energy\\nservices for an average month, an ESCO must have provided the customer,\\nat the time that the contract is offered, with an estimate of the\\naverage monthly bill that customer would be charged for energy services\\nand the fee that would be charged based on such estimate.\\n 6. No material change shall be made in the terms or duration of any\\ncontract for the provision of energy services by an ESCO without the\\nexpress consent of the customer. This shall not restrict an ESCO from\\nrenewing a contract by clearly informing the customer in writing, not\\nless than thirty days nor more than sixty days prior to the renewal\\ndate, of the renewal terms and of his or her option not to accept the\\nrenewal offer; provided, however, that no fee pursuant to subdivision\\nfive of this section shall be charged to a customer who objects to such\\nrenewal not later than three business days after receiving the first\\nbilling statement from the ESCO under the terms of the contract as\\nrenewed. The public service commission and the Long Island power\\nauthority may adopt additional guidelines, practices, rules or\\nregulations governing the renewal process.\\n 7. In every contract for energy services and in all marketing\\nmaterials provided to prospective purchasers of such contracts, all\\nvariable charges shall be clearly and conspicuously identified.\\n 8. Any contract for energy services which does not comply with the\\napplicable provisions of this section shall be void and unenforceable as\\ncontrary to public policy. Any waiver by a buyer of energy services of\\nthe provisions of this section shall be deemed void and unenforceable by\\nthe ESCO as contrary to public policy.\\n 9. The attorney general, upon his or her own motion or upon referral\\nfrom the public service commission, the Long Island power authority or\\nthe department of state, may bring a civil action against any energy\\nservices company that violates any provision of this section and may\\nrecover (a) a civil penalty not to exceed one thousand dollars per\\nviolation; and (b) costs and reasonable attorney's fees. In any such\\nproceeding the court may direct restitution.\\n 10. In addition to the right of action granted to the attorney general\\npursuant to this section, any person who has been injured by reason of\\nany violation of this section may bring an action in his or her own name\\nto enjoin such unlawful act or practice, an action to recover his or her\\nactual damages or five hundred dollars, whichever is greater, or both\\nsuch actions. The court may, in its discretion, increase the award of\\ndamages to an amount not to exceed three times the actual damages up to\\nten thousand dollars, if the court finds the defendant willfully or\\nknowingly violated this section. The court may award reasonable\\nattorney's fees to a prevailing plaintiff.\\n 11. Nothing in this section shall be deemed to limit any authority of\\nthe public service commission or the Long Island power authority, which\\nexisted before the effective date of this section, to limit, suspend or\\nrevoke the eligibility of an energy services company to sell or offer\\nfor sale any energy services for violation of any provision of law,\\nrule, regulation or policy enforceable by such commission or authority.\\n 12. Nothing in this section shall be deemed to limit any authority of\\nthe public service commission or the Long Island power authority, which\\nexisted before the effective date of this section, to adopt additional\\nguidelines, practices, policies, rules or regulations relating to the\\nmarketing practices of energy services companies to residential and\\ncommercial customers, whether in person (including door to door), or by\\nmail, telephone or other electronic means, that are not inconsistent\\nwith the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-E", "title" : "Counterfeit and non-functional airbags", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349-E", "activeDate" : "2014-09-22", "sequenceNo" : 493, "repealedDate" : null, "fromSection" : "349-E", "toSection" : "349-E", "text" : " § 349-e. Counterfeit and non-functional airbags. 1. As used in this\\nsection:\\n (a) \"Airbag\" shall mean any component of an inflatable restraint\\nsystem, as such term is defined in section one hundred nineteen-b of the\\nvehicle and traffic law, and that is designed for the specific make,\\nmodel, and year of the motor vehicle to be installed and to operate in\\nthe event of a crash. Airbag components include but are not limited to\\nthe cover, sensors, controllers, inflator, wiring, and the airbag\\nitself.\\n (b) \"Counterfeit airbag\" shall mean an airbag that bears, without\\nauthorization, a mark identical with, or substantially similar to, the\\ngenuine mark of the manufacturer of such motor vehicle.\\n (c) \"Non-functional airbag\" shall mean a replacement airbag that has\\nbeen previously deployed or damaged, or that has an electrical fault\\nthat is detected by the readiness indicator light, as such term is\\ndefined in section one hundred nineteen-b of the vehicle and traffic\\nlaw, after the installation procedure is completed. \"Non-functional\\nairbag\" shall also mean any object, including a counterfeit or repaired\\nairbag component installed to deceive the vehicle owner or operator into\\nbelieving a functional airbag is installed.\\n (d) \"Person\" shall mean any person, partnership, firm, corporation,\\ncompany, trust, association, or any agent or employee thereof.\\n 2. (a) It shall be unlawful for any person to knowingly:\\n (i) make, offer to distribute or distribute, offer to sell or sell a\\ncounterfeit or a non-functional airbag;\\n (ii) install or reinstall a counterfeit airbag or a non-functional\\nairbag in any motor vehicle, as that term is defined in section one\\nhundred twenty-five of the vehicle and traffic law;\\n (iii) offer to distribute or distribute, offer to sell or sell,\\ninstall or reinstall a counterfeit or non-functional airbag so that the\\nreadiness indicator light, as such term is defined in section one\\nhundred nineteen-b of the vehicle and traffic law, falsely displays that\\nthe airbag is in proper working order; or\\n (iv) represent to another person that a counterfeit airbag or a\\nnon-functional airbag installed or reinstalled in a motor vehicle is an\\nairbag.\\n (b) Any person who violates any provision of this subdivision is\\nguilty of a class A misdemeanor punishable as provided for in the penal\\nlaw.\\n 3. Whenever there shall be a violation of this section involving\\ntwenty-five or more counterfeit and/or non-functional airbags, or any\\nsecond or subsequent violation of subdivision two of this section,\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In connection with any such proposed application, the attorney\\ngeneral is authorized to take proof and make a determination of the\\nrelevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules. Any person who violates this section and such\\nviolation involves twenty-five or more counterfeit and/or non-functional\\nairbags, or a second or subsequent violation of subdivision two of this\\nsection shall be subject to a civil penalty of not more than one\\nthousand dollars for each violation. No person shall be deemed to have\\nviolated the provisions of this section if such person, shows, by a\\npreponderance of the evidence, that the violation was not intentional\\nand resulted from a bona fide error made notwithstanding the maintenance\\nof procedures reasonably adopted to avoid such error.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "349-F", "title" : "Pension poaching prevention", "docType" : "SECTION", "publishedDates" : [ "2019-08-30", "2019-12-27", "2025-11-07", "2026-05-08" ], "docLevelId" : "349-F", "activeDate" : "2019-12-27", "sequenceNo" : 494, "repealedDate" : null, "fromSection" : "349-F", "toSection" : "349-F", "text" : " § 349-f. Pension poaching prevention. 1. For purposes of this section:\\n (a) The term \"veterans' benefits matter\" means the preparation,\\npresentation, or prosecution of any claim affecting any person who has\\nfiled or expressed an intent to file a claim for any benefit, program,\\nservice, commodity, function, or status, entitlement which is determined\\nunder the laws and regulations administered by the United States\\ndepartment of veterans affairs or the New York state division of\\nveterans' affairs pertaining to veterans, their dependents, their\\nsurvivors, and any other party eligible for such benefits.\\n (b) The term \"compensation\" means money, property, or anything else of\\nvalue.\\n (c) The term \"entity\" includes, but is not limited to, any natural\\nperson, corporation, trust, partnership, alliance, or unincorporated\\nassociation.\\n 2. (a) No entity shall receive compensation for advising or assisting\\nany party with any veterans' benefits matter, except as permitted under\\ntitle 38 of the United States code and the corresponding provisions\\nwithin title 38 of the United States code of federal regulations.\\n (b) No entity shall receive compensation for referring any party to\\nanother individual to advise or assist this party with any veterans'\\nbenefits matter.\\n (c) Any entity seeking to receive compensation for advising or\\nassisting any party with any veterans' benefits matter shall, before\\nrendering any services, memorialize all terms regarding the party's\\npayment of fees for services rendered in a written agreement, signed by\\nboth parties, that adheres to all criteria specified within title 38,\\nsection 14.636, of the United States code of federal regulations.\\n (d) No entity shall receive any fees for any services rendered before\\nthe date on which a notice of disagreement is filed with respect to the\\nparty's case.\\n (e) No entity shall guarantee, either directly or by implication, that\\nany party is certain to receive specific veterans' benefits or that any\\nparty is certain to receive a specific level, percentage, or amount of\\nveterans' benefits.\\n (f) No entity shall receive excessive or unreasonable fees as\\ncompensation for advising or assisting any party with any veterans'\\nbenefits matter. The factors articulated within title 38, section 14.636\\nof the code of federal regulations shall govern determinations of\\nwhether a fee is excessive or unreasonable.\\n 3. (a) No entity shall advise or assist for compensation any party\\nwith any veterans' benefits matter without clearly providing, at the\\noutset of this business relationship, the following disclosure, both\\norally and in writing: \"this business is not sponsored by, or affiliated\\nwith, the United States department of veterans affairs, the New York\\nstate division of veterans' affairs, or any other congressionally\\nchartered veterans service organization. Other organizations, including\\nbut not limited to the New York state division of veterans' affairs,\\nyour local county veterans service agency, and other congressionally\\nchartered veterans service organizations, may be able to provide you\\nwith this service free of charge. Products or services offered by this\\nbusiness are not necessarily endorsed by any of these organizations. You\\nmay qualify for other veterans' benefits beyond the benefits for which\\nyou are receiving services here.\" The written disclosure must appear in\\nat least twelve-point font and must appear in a readily noticeable and\\nidentifiable place in the entity's agreement with the party seeking\\nservices. The party must verbally acknowledge understanding of the oral\\ndisclosure and must provide his or her signature to represent\\nunderstanding of these provisions on the document in which the written\\ndisclosure appears. The entity offering services must retain a copy of\\nthe written disclosure while providing veterans' benefits services for\\ncompensation to the party and for at least one year after the date on\\nwhich this service relationship terminates.\\n (b) No entity shall advertise for-compensation services in veterans\\nbenefits matters without including the following disclosure: \"this\\nbusiness is not sponsored by, or affiliated with, the United States\\ndepartment of veterans affairs, the New York state division of veterans'\\naffairs, or any other congressionally chartered veterans service\\norganization. Other organizations, including but not limited to the New\\nYork state division of veterans' affairs, your local county veterans\\nservice agency, and other congressionally chartered veterans service\\norganizations, may be able to provide you with these services free of\\ncharge. Products or services offered by this business are not\\nnecessarily endorsed by any of these organizations. You may qualify for\\nother veterans' benefits beyond the services that this business offers.\"\\nIf the advertisement is printed, including but not limited to\\nadvertisements visible to internet users, the disclosure must appear in\\na readily visible place on the advertisement. If the advertisement is\\nverbal, the spoken statement of the disclosure must be clear and\\nintelligible.\\n 4. (a) Any violation of this section shall constitute a deceptive act\\nin the conduct of business, trade, or commerce, and shall be subject to\\nthe provisions of section three hundred forty nine of this article,\\nincluding any right of action and corresponding penalties described\\nwithin such section.\\n (b) If an entity's violation of this section concerns a party who is\\nsixty-five years of age or older, said entity may be liable for\\nsupplemental civil penalties as established within, and subject of the\\nterms of, section three hundred forty-nine-c of this article.\\n 5. If any clause, sentence, paragraph or part of this section or the\\napplication thereof shall be adjudged by any court of competent\\njurisdiction to be invalid, such judgment shall not affect, impair, or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, paragraph or part thereof directly involved in\\nthe controversy in which such judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350", "title" : "False advertising unlawful", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350", "activeDate" : "2014-09-22", "sequenceNo" : 495, "repealedDate" : null, "fromSection" : "350", "toSection" : "350", "text" : " § 350. False advertising unlawful. False advertising in the conduct of\\nany business, trade or commerce or in the furnishing of any service in\\nthis state is hereby declared unlawful.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-A", "title" : "False advertising", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28", "2026-01-23" ], "docLevelId" : "350-A", "activeDate" : "2014-09-22", "sequenceNo" : 496, "repealedDate" : null, "fromSection" : "350-A", "toSection" : "350-A", "text" : " § 350-a. False advertising. 1. The term \"false advertising\" means\\nadvertising, including labeling, of a commodity, or of the kind,\\ncharacter, terms or conditions of any employment opportunity if such\\nadvertising is misleading in a material respect. In determining whether\\nany advertising is misleading, there shall be taken into account (among\\nother things) not only representations made by statement, word, design,\\ndevice, sound or any combination thereof, but also the extent to which\\nthe advertising fails to reveal facts material in the light of such\\nrepresentations with respect to the commodity or employment to which the\\nadvertising relates under the conditions prescribed in said\\nadvertisement, or under such conditions as are customary or usual. For\\npurposes of this article, with respect to the advertising of an\\nemployment opportunity, it shall be deemed \"misleading in a material\\nrespect\" to either fail to reveal whether the employment available or\\nbeing offered requires or is conditioned upon the purchasing or leasing\\nof supplies, material, equipment or other property or whether such\\nemployment is on a commission rather than a fixed salary basis and, if\\nso, whether the salaries advertised are only obtainable if sufficient\\ncommissions are earned.\\n 2. An employer shall not be liable under this section as a result of a\\nfailure to disclose all material facts relating to terms and conditions\\nof employment if the aggrieved person has not suffered actual pecuniary\\ndamage as a result of the misleading advertising of an employment\\nopportunity or if the employer has, prior to the aggrieved person\\nsuffering any pecuniary damage, disclosed in writing to that person a\\nfull and accurate description of the kind, character, terms and\\nconditions of the employment opportunity.\\n 3. It shall constitute false advertising to display or announce, in\\nprint or broadcast advertising, the price of an item after deduction of\\na rebate unless the actual selling price is displayed or announced, and\\nclear and conspicuous notice is given in the advertisement that a\\nmail-in rebate is required to achieve the lower net price.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-B", "title" : "Disclosures required in advertisements using the title \"doctor\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-B", "activeDate" : "2014-09-22", "sequenceNo" : 497, "repealedDate" : null, "fromSection" : "350-B", "toSection" : "350-B", "text" : " § 350-b. Disclosures required in advertisements using the title\\n\"doctor\". 1. Any person who uses the title \"doctor\" in making\\nrepresentations for the purpose of inducing, or which are likely to\\ninduce, directly or indirectly, the purchase of (a) drugs, devices or\\ncosmetics, as defined in section sixty-eight hundred two of the\\neducation law, or (b) other goods or services intended to diagnose,\\ntreat, mitigate, prevent or cure any human disease, pain, injury,\\ndeformity, nutritional deficiency or physical condition, or which are\\nintended to appear to the purchaser of such goods or services to have\\ndone so, shall conspicuously disclose the profession in which he or she\\nis licensed, except that, where no license is required by the department\\nof education, such person shall conspicuously disclose the major subject\\nin which the degree was earned and the name of the institution that\\nissued the degree provided, however, that such person shall be\\nprohibited from using the title \"doctor\" unless the degree was conferred\\nby an institution of higher education authorized by law to confer\\ndoctoral degrees in the state where it is located. For the purposes of\\nthis section, \"conspicuously\" shall mean equally in size, type or\\nprominence and positioned adjacent to the title \"doctor\". The\\nrequirements of this subdivision supplement, and shall not be construed\\nto limit, the obligations of health professionals pursuant to the\\neducation law and regulations thereunder, nor shall they be construed to\\nauthorize the practice of any licensed profession nor the offer of\\nprofessional services by any unlicensed person.\\n 2. In addition to any civil penalty available under section three\\nhundred fifty-d of this article, whenever there shall be an actual or\\nthreatened violation of this section an application may be made to a\\ncourt or justice having jurisdiction to issue an injunction, upon notice\\nto the defendant of not less than five days, to enjoin and restrain such\\nactual or threatened violation; if it shall appear to the satisfaction\\nof the court or justice that the defendant is in fact assuming, adopting\\nor using such title or is about to assume, adopt or use such title and\\nthat the assumption, adoption or use of such title may deceive or\\nmislead the public, an injunction may be issued by said court or justice\\nenjoining and restraining such actual or threatened violation without\\nrequiring proof that any person has in fact been deceived or misled\\nthereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-B-1", "title" : "Disclosures required in advertisements using a senior specific designation", "docType" : "SECTION", "publishedDates" : [ "2014-11-28" ], "docLevelId" : "350-B-1", "activeDate" : "2014-11-28", "sequenceNo" : 498, "repealedDate" : null, "fromSection" : "350-B-1", "toSection" : "350-B-1", "text" : " § 350-b-1. Disclosures required in advertisements using a senior\\nspecific designation. 1. For purposes of this section, \"senior specific\\ndesignation\" shall mean a title, professional designation, credential,\\ncertification, or professional description that indicates the person has\\nexpertise or training in issues specifically related to seniors in their\\nfield.\\n 2. (a) Any person or business who uses a senior specific designation\\nin making representations for the purpose of inducing, or which are\\nlikely to induce, directly or indirectly, the purchase of the\\nindividual's services shall clearly and prominently disclose, in any\\nadvertisement and in writing to any prospective client at the initial\\nmeeting or consultation with such prospective client, the basis or\\nsource of such senior specific designation, including whether the senior\\nspecific designation was created by the person or business using it. For\\nthe purposes of this section, \"clearly and prominently\" means:\\n (1) in written communications, including print and those made through\\nan electronic medium, the message shall be in a type size sufficiently\\nnoticeable for an ordinary consumer to read and comprehend it, in type\\nthat contrasts with the background against which it appears; and\\n (2) in oral communications, the message shall be delivered in a volume\\nsufficient for an ordinary consumer to hear it and comprehend it. Such\\nmessage shall be in understandable language and syntax regardless of how\\nthe message is disseminated.\\n (b) If any communication is presented solely through oral, written, or\\nvisual means, the message disseminated pursuant to paragraph (a) of this\\nsubdivision shall be made through the same means.\\n (c) The requirements of this subdivision supplement, and shall not be\\nconstrued to limit, the obligations of any professional registered or\\nlicensed pursuant to any other section of law and regulations\\nthereunder, nor shall they be construed to authorize the practice of any\\nlicensed profession nor the offer of professional services by any\\nunlicensed person.\\n 3. In addition to any civil penalty available under section three\\nhundred fifty-d of this article, whenever there shall be a violation of\\nthis section, application may be made by the attorney general in the\\nname of the people of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In connection with any such proposed application, the attorney\\ngeneral is authorized to take proof and make a determination of the\\nrelevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-C", "title" : "Notice of proposed action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-C", "activeDate" : "2014-09-22", "sequenceNo" : 499, "repealedDate" : null, "fromSection" : "350-C", "toSection" : "350-C", "text" : " § 350-c. Notice of proposed action. Before the attorney-general\\ncommences an action pursuant to section three hundred fifty-d of this\\narticle he shall be required to give the person against whom such action\\nis contemplated appropriate notice by certified mail and an opportunity\\nto show, either orally or in writing, why such action should not be\\ncommenced. In such showing, said person may present, among other things,\\nevidence that the advertisement is subject to and complies with the\\nrules and regulations of, and the statutes administered by, the Federal\\nTrade Commission or any official department, division, commission or\\nagency of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-D", "title" : "Civil penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-01-06", "2023-02-03" ], "docLevelId" : "350-D", "activeDate" : "2014-09-22", "sequenceNo" : 500, "repealedDate" : null, "fromSection" : "350-D", "toSection" : "350-D", "text" : " § 350-d. Civil penalty. Any person, firm, corporation or association\\nor agent or employee thereof who engages in any of the acts or practices\\nstated in this article to be unlawful shall be liable to a civil penalty\\nof not more than five thousand dollars for each violation, which shall\\naccrue to the state of New York and may be recovered in a civil action\\nbrought by the attorney general. In any such action it shall be a\\ncomplete defense that the advertisement is subject to and complies with\\nthe rules and regulations of, and the statutes administered by the\\nFederal Trade Commission or any official department, division,\\ncommission or agency of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-E", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-E", "activeDate" : "2014-09-22", "sequenceNo" : 501, "repealedDate" : null, "fromSection" : "350-E", "toSection" : "350-E", "text" : " § 350-e. Construction. 1. This article neither enlarges nor diminishes\\nthe rights of parties in private litigation except as provided in this\\nsection.\\n 2. This article does not repeal the provisions of subdivision twelve\\nof section sixty-three of the executive law.\\n 3. Any person who has been injured by reason of any violation of\\nsection three hundred fifty or three hundred fifty-a of this article may\\nbring an action in his or her own name to enjoin such unlawful act or\\npractice, an action to recover his or her actual damages or five hundred\\ndollars, whichever is greater, or both such actions. The court may, in\\nits discretion, increase the award of damages to an amount not to exceed\\nthree times the actual damages, up to ten thousand dollars, if the court\\nfinds that the defendant willfully or knowingly violated this section.\\nThe court may award reasonable attorney's fees to a prevailing\\nplaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-F", "title" : "Exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-F", "activeDate" : "2014-09-22", "sequenceNo" : 502, "repealedDate" : null, "fromSection" : "350-F", "toSection" : "350-F", "text" : " § 350-f. Exceptions. Nothing in this article shall apply to any\\ntelevision or sound radio broadcasting station or to any publisher or\\nprinter of a newspaper, magazine, or other form of printed advertising,\\nwho broadcasts, publishes, or prints such advertisement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-F-1", "title" : "After-the-fact referral fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-F-1", "activeDate" : "2014-09-22", "sequenceNo" : 503, "repealedDate" : null, "fromSection" : "350-F-1", "toSection" : "350-F-1", "text" : " § 350-f-1. After-the-fact referral fees. 1. No person, firm,\\npartnership, corporation, association, or other entity shall demand or\\nreceive a referral fee or compensation of any kind for (i) a referral\\nfrom any person or other entity relative to finding a seller of real\\nproperty after a bona fide real estate listing agreement has been\\nsigned, (ii) a referral from any person or other entity relative to\\nfinding a buyer for real property after a bona fide offer to purchase\\nreal property is accepted, or (iii) a referral from any person or other\\nentity relative to finding real property after a bona fide buyer's\\nagency agreement has been signed, unless reasonable cause for payment of\\nsuch compensation exists.\\n 2. Any violation of subdivision one of this section shall constitute a\\ndeceptive act or practice within the meaning of section three hundred\\nforty-nine of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A22-B", "title" : "Water Treatment Units", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "22-B", "activeDate" : "2014-09-22", "sequenceNo" : 504, "repealedDate" : null, "fromSection" : "350-G", "toSection" : "350-I", "text" : " ARTICLE 22-B\\n WATER TREATMENT UNITS\\nSection 350-g. Definitions.\\n 350-h. Water treatment units.\\n 350-i. Performance data sheet.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-G", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-G", "activeDate" : "2014-09-22", "sequenceNo" : 505, "repealedDate" : null, "fromSection" : "350-G", "toSection" : "350-G", "text" : " § 350-g. Definitions. When used in this article, the following terms\\nshall have the meaning ascribed to them:\\n 1. \"Water treatment unit\" shall mean a product, device or system\\ndesigned for personal, family or household use and for which a claim or\\nclaims are made that it will improve the quality of water by reducing\\none or more contaminants through mechanical, physical, chemical or\\nbiological processes or combinations thereof. Each model of a system or\\na device shall be deemed a distinct water treatment unit.\\n 2. \"Contaminant\" shall mean only those physical, chemical,\\nmicrobiological, or radiological substances in water for which a federal\\nmaximum contaminant level exists pursuant to the federal Safe Drinking\\nWater Act or a state maximum contaminant level exists pursuant to the\\npublic health law or a guideline exists which has been established by\\nthe commissioner of health.\\n 3. \"Person\" shall mean an individual, corporation, partnership, joint\\nventure, or any business entity.\\n 4. \"Label\" shall mean the written, printed or graphic matter (i)\\naffixed or attached to or printed on the water treatment unit, or (ii)\\nplaced on or otherwise made a part of the containers or wrappers of such\\nunits.\\n 5. \"Performance data sheet\" shall mean a booklet, document, label or\\nother printed material containing, at a minimum, the information\\nrequired pursuant to section three hundred fifty-i of this article.\\n 6. \"Catalogue sale\" shall mean any sale by means of printed material\\nreceived by the consumer, including advertisements in newspapers,\\nmagazines or similar publications which contains the terms of sale,\\nretail price, and instructions for ordering from which a consumer can\\norder such unit.\\n 7. \"Qualified laboratory\" shall mean:\\n a. A laboratory equipped and staffed to perform water treatment unit\\nproduct validation testing using, where applicable:\\n (i) United States Environmental Protection Agency standards for\\ndrinking water quality and maximum contaminant levels, or their\\nequivalent, and\\n (ii) Testing protocols developed pursuant to a peer review process\\nwithin the water treatment unit industry; or\\n b. A laboratory certified under any state's water treatment unit law\\nor regulation, provided that certification standards are at least as\\nstringent as those of the state of New York, if any standards exist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-H", "title" : "Water treatment units", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-H", "activeDate" : "2014-09-22", "sequenceNo" : 506, "repealedDate" : null, "fromSection" : "350-H", "toSection" : "350-H", "text" : " § 350-h. Water treatment units. 1. No person shall sell, offer for\\nsale, rent, lease or possess for the purpose of resale or distribution\\nany water treatment unit for use in this state unless each water\\ntreatment unit has a conspicuous and legible label stating, \"IMPORTANT\\nNOTICE, Read the Performance Data Sheet.\" and is accompanied by a\\nperformance data sheet placed on, in, or otherwise made a part of the\\ncontainers or wrappers of such units.\\n 2. No person, firm or corporation shall engage in the following\\npractices in the sale, offer for sale, rental, lease or other\\ndistribution of water treatment units, as defined in section three\\nhundred fifty-g of this article:\\n a. Make materially false or misleading claims concerning the quality\\nof a prospective purchaser's public water supply or private well water;\\n b. Make materially false or misleading claims which state the kind and\\ndegree of problems caused by water from a public water supply;\\n c. Make materially false or misleading claims that state or clearly\\nimply scientific certainty regarding the relationship between acute or\\nchronic illnesses and water quality, unless based on valid scientific\\nstudies;\\n d. Make product performance claims and product benefit claims unless\\nsuch claims are based on factual data obtained from tests conducted by a\\nqualified laboratory following scientifically valid test procedures, and\\nfor which data is in existence at the time such claims are made;\\n e. Make uses of pictures, exhibits, graphs, charts or other graphic\\nportrayals in advertisements in a materially false or misleading manner;\\n f. Make materially false or misleading claims that state or clearly\\nimply that serious harm may or will occur or be prevented if the product\\nis not purchased, or may or will be prevented if the product is\\npurchased;\\n g. State or clearly imply that the water flowing from a water\\ntreatment unit is pure unless such water meets or exceeds all federal or\\nstate drinking water guidelines and maximum contaminant levels;\\n h. Make claims that state or clearly imply that a water treatment unit\\nwould provide a health benefit or diminish a health risk unless\\nreasonably defined;\\n i. Make materially false or misleading statements that the\\ncontaminants reduced by a water treatment unit are present in excess of\\npermitted levels in the drinking water of the person to whom the\\nstatement is made;\\n j. Make use of endorsements or testimonials which do not state the\\nqualifications of the person giving them; are materially false or\\nmisleading; or which do not accurately reflect the context in which they\\nwere made or given;\\n k. Knowingly omit facts from advertisements to mislead or to\\nmisrepresent;\\n l. Make use of tests or test results of a consumer's drinking water in\\na materially false or misleading manner in order to induce a person to\\npurchase a water treatment unit; or\\n m. Make materially false or misleading claims that the following\\ncharacteristics are in and of themselves health-threatening contaminants\\nor contaminations: color, odor, taste, corrosivity, pH, total dissolved\\nsolids, turbidity, hardness, iron, manganese, sodium, chlorine, sulfate,\\nzinc, copper, foaming agents, or chloride, unless designated to be a\\nprimary contaminant by the United States Environmental Protection\\nAgency, or if existing characteristics exceed any federal or state\\ndrinking water guidelines or maximum contaminant levels.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "350-I", "title" : "Performance data sheet", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-I", "activeDate" : "2014-09-22", "sequenceNo" : 507, "repealedDate" : null, "fromSection" : "350-I", "toSection" : "350-I", "text" : " § 350-i. Performance data sheet. 1. A performance data sheet shall be\\nprovided pursuant to subdivision one of section three hundred fifty-h of\\nthis article and made available to the prospective purchaser, renter or\\nlessee, prior to the consummation of any sale, rental or lease of a\\nwater treatment unit. In the case of a catalogue sale, the consummation\\nof the sale is three days after the purchaser has received the water\\ntreatment unit. If the purchaser cancels the sale and returns the unit\\nwithin any refund period allowed by the seller or by law, the purchaser\\nmay do so without cost. Catalogues shall contain a notice that customers\\nare entitled to a copy of the performance data sheet upon request prior\\nto the consummation of the sale. The performance data sheet shall\\ncontain information including, but not limited to:\\n a. the name and mailing address of the manufacturer or distributor;\\n b. the name, brand or trademark under which the unit is sold, and its\\nmodel number;\\n c. performance and test data obtained pursuant to tests of the water\\ntreatment unit performed by a qualified laboratory. Data shall include\\nbut not be limited to: the list of contaminants the manufacturer is\\nclaiming will be reduced by the unit; the influent concentration level\\nof each contaminant or its surrogate; the effluent concentration of each\\ncontaminant or its surrogate; where applicable, the maximum contaminant\\nlevel (MCL) promulgated pursuant to the federal Safe Drinking Water Act,\\nor promulgated pursuant to section two hundred twenty-five of the public\\nhealth law; where applicable, the approximate capacity of the unit,\\nexpressed in gallons and/or period of time, during which the unit is\\neffective in reducing each contaminant or its surrogate based upon the\\ninfluent concentration level used in the tests; and the temperature,\\nflow rate, pressure, pH, alkalinity and acidity of the water used in the\\ntest;\\n d. a summary of installation instructions which shall include measures\\nto avoid contamination from improper handling and installation;\\n e. a summary of recommended operational procedures and requirements\\nnecessary for the proper operation of the unit including but not limited\\nto: electrical requirements; maximum and minimum operating pressure;\\nmaximum operating temperature; maintenance requirements; inflow rate and\\noutflow rate; replacement frequencies; and an explanation of any\\nperformance indicator, if available;\\n f. the manufacturer's limited warranty if applicable; and\\n g. a statement that performance of the water treatment unit will vary\\nbased on local water conditions; and\\n h. a conspicuous and legible notice at the top of the first page of\\nthe performance data sheet stating, \"IMPORTANT NOTICE, Read this\\nPerformance Data Sheet and compare the capabilities of this unit with\\nyour actual water treatment needs. It is recommended that, before\\npurchasing a water treatment unit, you have your water supply tested to\\ndetermine your actual water treatment needs.\"\\n 2. In the case of customized water treatment units or systems,\\nintegrated or assembled on site or designed for site-specific needs to\\nreduce a specified contaminant or contaminants, the seller shall provide\\nthe consumer with the results of analysis from a qualified laboratory\\nwhich document the effectiveness of the water treatment unit in reducing\\nthe specified contaminants, the approximate capacity and a recommended\\nschedule for monitoring the unit's effectiveness.\\n 3. Any person in violation of this article or any person who knowingly\\nand willingly falsifies any performance data shall be subject to the\\nremedies and penalties available pursuant to section three hundred\\nforty-nine of this chapter and, in addition, shall be subject to a civil\\npenalty of not more than five hundred dollars for each violation, which\\npenalty shall accrue to the state and may be recovered in a civil action\\nbrought by the attorney general.\\n 4. Nothing in this section shall preclude an action taken pursuant to\\nany other section of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A23", "title" : "Bucket Shops", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "23", "activeDate" : "2014-09-22", "sequenceNo" : 508, "repealedDate" : null, "fromSection" : "351", "toSection" : "351-E", "text" : " ARTICLE 23\\n BUCKET SHOPS\\nSection 351. Acts prohibited; penalty for violation.\\n 351-a. Exhibiting quotations; penalty for violation.\\n 351-b. Written statement to be furnished; presumption.\\n 351-c. Corporations; additional penalty for second offense.\\n 351-d. Definitions.\\n 351-e. Witnesses' immunity.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "351", "title" : "Acts prohibited; penalty for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351", "activeDate" : "2014-09-22", "sequenceNo" : 509, "repealedDate" : null, "fromSection" : "351", "toSection" : "351", "text" : " § 351. Acts prohibited; penalty for violation. Any person,\\ncopartnership, firm, association or corporation, whether acting in his,\\ntheir or its own right or as the officer, agent, servant, correspondent\\nor representative of another, who shall: 1. Make or offer to make, or\\nassist in making or offering to make any contract respecting the\\npurchase or sale, either upon credit or margin, of any securities or\\ncommodities, including all evidences of debt or property and options for\\nthe purchase thereof, shares in any corporation or association, bonds,\\ncoupons, scrip, rights, choses in action and other evidences of debt or\\nproperty and options for the purchase thereof or anything movable that\\nis bought and sold, intending that such contract shall be terminated,\\nclosed or settled according to, or upon the basis of the public market\\nquotations of or prices made on any board of trade or exchange or market\\nupon which such commodities or securities are dealt in, and without\\nintending a bona fide purchase or sale of the same; or,\\n 2. Makes or offers to make or assists in making or offering to make\\nany contract respecting the purchase or sale, either upon credit or\\nmargin, of any such securities or commodities intending that such\\ncontract shall be deemed terminated, closed and settled when such market\\nquotations of or such prices for such securities or commodities named in\\nsuch contract shall reach a certain figure, without intending a bona\\nfide purchase or sale of the same; or,\\n 3. Makes or offers to make, or assists in making or offering to make\\nany contract respecting the purchase or sale, either upon credit or\\nmargin of any such securities or commodities, not intending the actual\\nbona fide receipt or delivery of any such securities or commodities, but\\nintending a settlement of such contract based upon the difference in\\nsuch public market quotations of or such prices at which said securities\\nor commodities are, or are asserted to be, bought or sold; or,\\n 4. Shall, as owner, keeper, proprietor or person in charge of, or as\\nofficer, director, stockholder, agent, servant, correspondent or\\nrepresentative of such owner, keeper, proprietor or person in charge of,\\nor as officer, director, stockholder, agent, servant, correspondent, or\\nrepresentative of such owner, keeper, proprietor or person in charge, or\\nof any other person, keep, conduct or operate any bucket shop, as\\nhereinafter defined; or knowingly permit or allow or induce any person,\\ncopartnership, firm, association or corporation whether acting in his,\\ntheir or its own right, or as the officer, agent, servant, correspondent\\nor representative of another to make or offer to make therein, or to\\nassist in making therein, or in offering to make therein, any of the\\ncontracts specified in any of the three preceding subdivisions of this\\nsection.\\n Shall be guilty of a felony. The prosecution, conviction and\\npunishment of a corporation hereunder shall not be deemed to be a\\nprosecution, conviction or punishment of any of its officers, directors\\nor stockholders.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "351-A", "title" : "Exhibiting quotations; penalty for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351-A", "activeDate" : "2014-09-22", "sequenceNo" : 510, "repealedDate" : null, "fromSection" : "351-A", "toSection" : "351-A", "text" : " § 351-a. Exhibiting quotations; penalty for violation. Any person,\\nfirm, copartnership, association or corporation receiving,\\ncommunicating, exhibiting or displaying in any manner any statement of\\nquotations of prices of any such securities or commodities with an\\nintent to make or offer to make or to assist in making or offering to\\nmake any contract prohibited in this article shall be guilty of a felony\\nand on conviction thereof shall be punished as provided in the preceding\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "351-B", "title" : "Written statement to be furnished; presumption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351-B", "activeDate" : "2014-09-22", "sequenceNo" : 511, "repealedDate" : null, "fromSection" : "351-B", "toSection" : "351-B", "text" : " § 351-b. Written statement to be furnished; presumption. Every person,\\nfirm, association, copartnership or corporation shall furnish upon\\nwritten demand to any customer, or principal for whom such person has\\nexecuted an order for the actual purchase or sale of any such securities\\nor commodities, either for immediate or future delivery, a written\\nstatement containing the names of the persons from whom such property\\nwas bought, or to whom it has been sold, as the case may be, the time\\nwhen, place where, the amount of and the price at which the same was\\neither bought or sold; and if such person, firm, association,\\ncopartnership or corporation shall refuse or neglect to furnish such\\nstatement within forty-eight hours after such demand, such refusal shall\\nbe prima facie evidence that such purchase or sale was made in violation\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "351-C", "title" : "Corporations; additional penalty for second offense", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351-C", "activeDate" : "2014-09-22", "sequenceNo" : 512, "repealedDate" : null, "fromSection" : "351-C", "toSection" : "351-C", "text" : " § 351-c. Corporations; additional penalty for second offense. If a\\ndomestic corporation shall be convicted of a second offense hereunder\\nthe supreme court shall have jurisdiction upon an action brought by the\\nattorney-general, in the name of the people, for that purpose, to\\ndissolve such corporation; and if a foreign corporation shall be\\nconvicted of a second offense, such court shall have jurisdiction in an\\naction brought in like manner to restrain such corporation from doing\\nbusiness in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "351-D", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351-D", "activeDate" : "2014-09-22", "sequenceNo" : 513, "repealedDate" : null, "fromSection" : "351-D", "toSection" : "351-D", "text" : " § 351-d. Definitions. \"Bucket shop\" shall mean any building, or any\\nroom, apartment, booth, office or store therein or any other place where\\nany contract prohibited by this article is made or offered to be made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "351-E", "title" : "Witnesses' immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351-E", "activeDate" : "2014-09-22", "sequenceNo" : 514, "repealedDate" : null, "fromSection" : "351-E", "toSection" : "351-E", "text" : " § 351-e. Witnesses' immunity. In any criminal proceeding before any\\ncourt or grand jury for a violation of any of the provisions of this\\narticle, the court or grand jury may confer immunity in accordance with\\nthe provisions of section 50.20 or l90.40 of the criminal procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A23-A", "title" : "Fraudulent Practices In Respect to Stocks, Bonds and Other Securities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "23-A", "activeDate" : "2014-09-22", "sequenceNo" : 515, "repealedDate" : null, "fromSection" : "352", "toSection" : "359-H", "text" : " ARTICLE 23-A\\n FRAUDULENT PRACTICES IN RESPECT TO STOCKS,\\n BONDS AND OTHER SECURITIES\\nSection 352. Investigation by attorney-general.\\n 352-a. Foreign corporation to make designation.\\n 352-b. Non-resident brokers, dealers, salesmen and\\n investment advisors; designation of secretary of\\n state as agent for service of process; service of\\n process.\\n 352-c. Prohibited acts constituting misdemeanor; felony.\\n 352-d. Effect of prosecution under previous section.\\n 352-e. Real estate syndication offerings.\\n 352-ee. Conversion of non-residential property to residential\\n cooperative or condominium ownership.\\n 352-eee. Conversions to cooperative or condominium ownership\\n in certain cities, towns and villages located in\\n the counties of Nassau, Westchester and Rockland.\\n 352-eeee. Conversions to cooperative or condominium ownership\\n in the city of New York.\\n 352-f. Description of realty bonds.\\n 352-g. Exemptions.\\n 352-h. Trust funds.\\n 352-i. Injunctive relief.\\n 352-j. Application of article.\\n 352-k. Broker dealer minimum capital requirements.\\n 352-l. Cooperative corporations.\\n 353. Action by attorney-general.\\n 353-a. Receivers.\\n 354. Examination of witnesses and preliminary injunction.\\n 355. Procedure on hearing.\\n 356. Powers of referee.\\n 357. Application of provisions of civil practice law and\\n rules.\\n 358. Criminal prosecution.\\n 359. Immunity.\\n 359-a. Appointment of deputies.\\n 359-b. Effect of unconstitutionality of part of article.\\n 359-c. Publication of state notices.\\n 359-e. Definitions.\\n 359-ee. Report of existence.\\n 359-eee. Definitions.\\n 359-f. Exemptions from certain provisions of section three\\n hundred fifty-nine-e.\\n 359-ff. Registration of intra-state offerings.\\n 359-fff. Chain distributor schemes prohibited.\\n 359-g. Violations and penalties.\\n 359-h. Destruction of certain records, books and other data\\n by the attorney-general.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352", "title" : "Investigation by attorney-general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352", "activeDate" : "2014-09-22", "sequenceNo" : 516, "repealedDate" : null, "fromSection" : "352", "toSection" : "352", "text" : " § 352. Investigation by attorney-general. 1. Whenever it shall appear\\nto the attorney-general, either upon complaint or otherwise, that in the\\nadvertisement, investment advice, purchase or sale within this state of\\nany commodity dealt in on any exchange within the United States of\\nAmerica or the delivery of which is contemplated by transfer of\\nnegotiable documents of title all of which are hereinafter called\\ncommodities, or that in the issuance, exchange, purchase, sale,\\npromotion, negotiation, advertisement, investment advice or distribution\\nwithin or from this state, of any stocks, bonds, notes, evidences of\\ninterest or indebtedness or other securities, including oil and mineral\\ndeeds or leases and any interest therein, sold or transferred in whole\\nor in part to the purchaser where the same do not effect a transfer of\\nthe title in fee simple to the land, or negotiable documents of title,\\nor foreign currency orders, calls or options therefor hereinafter called\\nsecurity or securities, any person, partnership, corporation, company,\\ntrust or association, or any agent or employee thereof, shall have\\nemployed, or employs, or is about to employ any device, scheme or\\nartifice to defraud or for obtaining money or property by means of any\\nfalse pretense, representation or promise, or that any person,\\npartnership, corporation, company, trust or association, or any agent or\\nemployee thereof, shall have made, makes or attempts to make within or\\nfrom this state fictitious or pretended purchases or sales of securities\\nor commodities or that any person, partnership, corporation, company,\\ntrust or association, or agent or employee thereof shall have employed,\\nor employs, or is about to employ, any deception, misrepresentation,\\nconcealment, suppression, fraud, false pretense or false promise, or\\nshall have engaged in or engages in or is about to engage in any\\npractice or transaction or course of business relating to the purchase,\\nexchange, investment advice or sale of securities or commodities which\\nis fraudulent or in violation of law and which has operated or which\\nwould operate as a fraud upon the purchaser, or that any broker, dealer,\\nor salesman, as defined by section three hundred fifty-nine-e of this\\narticle, or any agent or employee thereof, has sold or offered for sale\\nor is attempting to sell or is offering for sale any security or\\nsecurities in violation of the provisions of said section or section\\nthree hundred fifty-nine-ee, or that any other section of this article\\nhas been violated, any one or all of which devices, schemes, artifices,\\nfictitious or pretended purchases or sales of securities or commodities,\\ndeceptions, misrepresentations, concealments, suppressions, frauds,\\nfalse pretenses, false promises, practices, transactions and courses of\\nbusiness are hereby declared to be and are hereinafter referred to as a\\nfraudulent practice or fraudulent practices or he believes it to be in\\nthe public interest that an investigation be made, he may in his\\ndiscretion either require or permit such person, partnership,\\ncorporation, company, trust or association, or any agent or employee\\nthereof, to file with him a statement in writing under oath or otherwise\\nas to all the facts and circumstances concerning the subject matter\\nwhich he believes it is to the public interest to investigate, and for\\nthat purpose may prescribe forms upon which such statements shall be\\nmade. The attorney-general may also require such other data and\\ninformation as he may deem relevant and may make such special and\\nindependent investigations as he may deem necessary in connection with\\nthe matter.\\n 2. The attorney-general, his deputy or other officer designated by him\\nis empowered to subpoena witnesses, compel their attendance, examine\\nthem under oath before him or a magistrate, a court of record or a judge\\nor justice thereof and require the production of any books or papers\\nwhich he deems relevant or material to the inquiry. Such power of\\nsubpoena and examination shall not abate or terminate by reason of any\\naction or proceeding brought by the attorney-general under this article.\\n 3. No person shall be excused from attending such inquiry in pursuance\\nto the mandates of a subpoena, or from producing a paper or book, or\\nfrom being examined or required to answer a question on the ground of\\nfailure of tender or payment of a witness fee and/or mileage, unless at\\nthe time of such appearance or production, as the case may be, such\\nwitness makes demand for such payment as a condition precedent to the\\noffering of testimony or production required by the subpoena and unless\\nsuch payment is not thereupon made. The provisions for payment of\\nwitness fee and/or mileage do not apply to any officer, director or\\nperson in the employ of any person, partnership, corporation, company,\\ntrust or association whose conduct or practices are being investigated.\\n 4. If a person subpoenaed to attend such inquiry fails to obey the\\ncommand of a subpoena without reasonable cause, or if a person in\\nattendance upon such inquiry shall without reasonable cause refuse to be\\nsworn or to be examined or to answer a question or to produce a book or\\npaper when ordered so to do by the officer conducting such inquiry, or\\nif a person, partnership, corporation, company, trust or association\\nfails to perform any act required hereunder to be performed, he shall be\\nguilty of a misdemeanor.\\n 5. It shall be the duty of all public officers, their deputies,\\nassistants, subordinates, clerks or employees and all other persons to\\nrender and furnish to the attorney-general, his deputy or other\\ndesignated officer when requested all information and assistance in\\ntheir possession or within their power. Any officer participating in\\nsuch inquiry and any person examined as a witness upon such inquiry who\\nshall disclose to any person other than the attorney-general the name of\\nany witness examined or any other information obtained upon such inquiry\\nexcept as directed by the attorney-general shall be guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-A", "title" : "Foreign corporation to make designation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-A", "activeDate" : "2014-09-22", "sequenceNo" : 517, "repealedDate" : null, "fromSection" : "352-A", "toSection" : "352-A", "text" : " § 352-a. Foreign corporation to make designation. 1. If the stocks,\\nbonds or other securities of a foreign corporation, association, common\\nlaw trust or similar organization are offered or advertised for sale\\nwithin the state of New York and such corporation, association, common\\nlaw trust or other organization has not filed pursuant to laws\\nheretofore or hereafter existing the designation of a person upon whom\\nprocess against it may be served or the designation of the secretary of\\nstate as such person pursuant to section thirteen hundred four of the\\nbusiness corporation law or other laws heretofore or hereafter existing\\nor, in lieu thereof, an instrument in writing duly acknowledged and\\nfiled in the office of the secretary of state designating the secretary\\nof state as the person upon whom may be served any subpoena, subpoena\\nduces tecum or other process directed to such foreign corporation,\\nassociation, common law trust or similar organization and issued in any\\ninvestigation, examination or proceeding pending or about to be\\ninstituted under and pursuant to the provisions of this article, the\\nattorney-general may serve a notice upon such corporation, association,\\ncommon law trust or similar organization, or upon any nonresident\\nofficer thereof, by mailing the same in a securely sealed postpaid\\nwrapper addressed to such corporation, association, common law trust or\\nsimilar organization or officer thereof at its or his last known place\\nof business or residence, and may in such notice require that such\\ncorporation, association, common law trust or similar organization or\\nsuch officer furnish a written statement, verified as required in said\\nnotice, giving the information therein specified relating to the stocks,\\nbonds or other securities of such corporation, association, common law\\ntrust or similar organization or, in the alternative, that such\\ncorporation, association, common law trust or other organization, by its\\nproper officer or officers, or such officer, shall appear within a\\nreasonable time from the date of mailing of such notice at a designated\\nplace within this state for examination and shall produce at the time\\nand place of such examination such books and papers of such corporation,\\nassociation, common law trust or similar organization as may be\\ndesignated in such notice.\\n 2. If such corporation, association, common law trust or similar\\norganization or such officer thereof shall fail to furnish the statement\\ncalled for by such notice, or shall fail to appear pursuant thereto or\\nto produce the books and papers required thereby to be produced, or\\nrefuse to submit to examination or to answer any proper question, the\\nproof of such failure or refusal shall constitute prima facie evidence\\nthat the sale or offering for sale or advertisement of the stocks, bonds\\nor other securities of such corporation, association, common law trust\\nor similar organization constitutes a fraudulent practice within the\\nmeaning of this article and may in the discretion of the court be\\ntreated as a sufficient basis for a permanent injunction against the\\ncontinuance of such fraudulent practice.\\n 3. The department of state shall keep a record of each process served\\nupon the secretary of state under this chapter, including the date of\\nservice. It shall, upon request made within ten years of such service,\\nissue a certificate under its seal certifying as to the receipt of the\\nprocess by an authorized person, the date and place of such service and\\nthe receipt of the statutory fee. Process served upon the secretary of\\nstate under this chapter shall be destroyed by him after a period of ten\\nyears from such service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-B", "title" : "Non-resident brokers, dealers, salesmen and investment advisors; designation of secretary of state as agent for service of process; servi...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-B", "activeDate" : "2014-09-22", "sequenceNo" : 518, "repealedDate" : null, "fromSection" : "352-B", "toSection" : "352-B", "text" : " § 352-b. Non-resident brokers, dealers, salesmen and investment\\nadvisors; designation of secretary of state as agent for service of\\nprocess; service of process. 1. Any person, partnership, corporation,\\ncompany, trust or association resident or having his or its principal\\nplace of business without the state or organized under and by virtue of\\nthe laws of a foreign state, who or which shall do business in this\\nstate as a broker, dealer, salesman or investment advisor, as defined in\\nsection three hundred fifty-nine-e or three hundred fifty-nine-eee of\\nthis article, or any partner, principal, officer or director of such\\nbroker, dealer or investment advisor shall be deemed to have irrevocably\\nappointed the secretary of state as his or its agent upon whom may be\\nserved any summons, complaint, subpoena, subpoena duces tecum, notice,\\norder, judgment or other process directed to such person, partnership,\\ncorporation, company, trust or association, or any partner, principal,\\nofficer or director thereof, in any action, investigation or proceeding\\nbrought or conducted by the attorney general under the provisions of\\nthis article arising out of or in connection with any transaction,\\nmatter or thing relating to the practices, affairs, management or\\nbusiness of such person, partnership, corporation, company, trust or\\nassociation, or any partner, principal, officer or director thereof. Any\\nsuch person, partnership, corporation, company, trust or association, or\\nany partner, principal, officer or director thereof, may file with the\\nsecretary of state a designation, in terms complying herewith, duly\\nacknowledged, irrevocably appointing the secretary of state as his or\\nits agent upon whom may be served any such process; provided, however,\\nthat a designation filed with the secretary of state pursuant to section\\nthree hundred fifty-two-a of this article or section thirteen hundred\\nfour of the business corporation law shall serve also as such\\ndesignation.\\n 2. Service of such process upon the secretary of state shall be made\\nby personally delivering to and leaving with him or a deputy secretary\\nof state a copy thereof at the office of the department of state in the\\ncity of Albany, and such service shall be sufficient service provided\\nthat notice of such service and a copy of such process are forthwith\\nsent by the attorney general to such person, partnership, corporation,\\ncompany, trust or association, by registered or certified mail with\\nreturn receipt requested, at his or its office as set forth in the\\n\"broker-dealer's statement\", \"salesman's statement\" or \"investment\\nadvisor's statement\" filed in the department of law pursuant to section\\nthree hundred fifty-nine-e or section three hundred fifty-nine-eee of\\nthis article, or in default of the filing of such statement, at the last\\naddress known to the attorney general. Service of such process shall be\\ncomplete on receipt by the attorney general of a return receipt\\npurporting to be signed by the addressee or a person qualified to\\nreceive his or its registered or certified mail, in accordance with the\\nrules and customs of the post office department, or, if acceptance was\\nrefused by the addressee or his or its agent, on return to the attorney\\ngeneral of the original envelope bearing a notation by the postal\\nauthorities that receipt thereof was refused.\\n 3. The department of state shall keep a record of each process served\\nupon the secretary of state under this chapter, including the date of\\nservice. It shall, upon request made within ten years of such service,\\nissue a certificate under its seal certifying as to the receipt of the\\nprocess by an authorized person, the date and place of such service and\\nthe receipt of the statutory fee. Process served upon the secretary of\\nstate under this chapter shall be destroyed by him after a period of ten\\nyears from such service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-C", "title" : "Prohibited acts constituting misdemeanor; felony", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-C", "activeDate" : "2014-09-22", "sequenceNo" : 519, "repealedDate" : null, "fromSection" : "352-C", "toSection" : "352-C", "text" : " § 352-c. Prohibited acts constituting misdemeanor; felony. 1. It\\nshall be illegal and prohibited for any person, partnership,\\ncorporation, company, trust or association, or any agent or employee\\nthereof, to use or employ any of the following acts or practices:\\n (a) Any fraud, deception, concealment, suppression, false pretense or\\nfictitious or pretended purchase or sale;\\n (b) Any promise or representation as to the future which is beyond\\nreasonable expectation or unwarranted by existing circumstances;\\n (c) Any representation or statement which is false, where the person\\nwho made such representation or statement: (i) knew the truth; or (ii)\\nwith reasonable effort could have known the truth; or (iii) made no\\nreasonable effort to ascertain the truth; or (iv) did not have knowledge\\nconcerning the representation or statement made;\\nwhere engaged in to induce or promote the issuance, distribution,\\nexchange, sale, negotiation or purchase within or from this state of any\\nsecurities or commodities, as defined in section three hundred fifty-two\\nof this article, regardless of whether issuance, distribution, exchange,\\nsale, negotiation or purchase resulted.\\n 2. It shall be illegal and prohibited for any person, partnership,\\ncorporation, company, trust or association, or any agent or employee\\nthereof, to engage in any artifice, agreement, device or scheme to\\nobtain money, profit or property by any of the means prohibited by this\\nsection.\\n 3. It shall be illegal and prohibited for any person, partnership,\\ncorporation, company, trust or association, or any agent or employee\\nthereof, engaged in the sale of any securities or commodities, as\\ndefined in section three hundred fifty-two of this article, within or\\nfrom the state of New York to represent that they are an \"exchange\" or\\nuse the word \"exchange,\" or any abbreviation or derivative thereof, in\\nits name or assumed name unless it is registered with the Securities and\\nExchange Commission as a national securities exchange, pursuant to\\nsection six of the Securities and Exchange Act of 1934, or unless it has\\nbeen designated as a contract market by the Commodity Futures Trading\\nCommission, pursuant to section five of the Commodity Exchange Act.\\n 4. Except as provided in subdivision five or six, a person,\\npartnership, corporation, company, trust or association, or any agent or\\nemployee thereof, using or employing any act or practice declared to be\\nillegal and prohibited by this section, shall be guilty of a\\nmisdemeanor.\\n 5. Any person, partnership, corporation, company, trust or\\nassociation, or any agent or employee thereof who intentionally engages\\nin any scheme constituting a systematic ongoing course of conduct with\\nintent to defraud ten or more persons or to obtain property from ten or\\nmore persons by false or fraudulent pretenses, representations or\\npromises, and so obtains property from one or more of such persons while\\nengaged in inducing or promoting the issuance, distribution, exchange,\\nsale, negotiation or purchase of any securities or commodities, as\\ndefined in this article, shall be guilty of a class E felony.\\n 6. Any person, partnership, corporation, company, trust or\\nassociation, or any agent or employee thereof who intentionally engages\\nin fraud, deception, concealment, suppression, false pretense or\\nfictitious or pretended purchase or sale, or who makes any material\\nfalse representation or statement with intent to deceive or defraud,\\nwhile engaged in inducing or promoting the issuance, distribution,\\nexchange, sale, negotiation or purchase within or from this state of any\\nsecurities or commodities, as defined in this article, and thereby\\nwrongfully obtains property of a value in excess of two hundred fifty\\ndollars, shall be guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-D", "title" : "Effect of prosecution under previous section", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-D", "activeDate" : "2014-09-22", "sequenceNo" : 520, "repealedDate" : null, "fromSection" : "352-D", "toSection" : "352-D", "text" : " § 352-d. Effect of prosecution under previous section. A person,\\npartnership, corporation, company, trust or association or any agent or\\nemployee thereof that, having engaged in any act or practice\\nconstituting a violation of section three hundred fifty-two-c of this\\narticle, commits additional acts under such circumstances as to\\nconstitute a felony, the crime of conspiracy, petit larceny, or more\\nthan one of the aforesaid, is punishable therefor, as well as for the\\nviolation of that section, and may be prosecuted for each crime,\\nseparately or in the same information or indictment, notwithstanding any\\nother provision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-E", "title" : "Real estate syndication offerings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-11-07" ], "docLevelId" : "352-E", "activeDate" : "2014-09-22", "sequenceNo" : 521, "repealedDate" : null, "fromSection" : "352-E", "toSection" : "352-E", "text" : " § 352-e. Real estate syndication offerings. 1. (a) It shall be illegal\\nand prohibited for any person, partnership, corporation, company, trust\\nor association, or any agent or employee thereof, to make or take part\\nin a public offering or sale in or from the state of New York of\\nsecurities constituted of participation interests or investments in real\\nestate, mortgages or leases, including stocks, bonds, debentures,\\nevidences of interest or indebtedness, limited partnership interests or\\nother security or securities as defined in section three hundred\\nfifty-two of this article, when such securities consist primarily of\\nparticipation interests or investments in one or more real estate\\nventures, including cooperative interests in realty, unless and until\\nthere shall have been filed with the department of law, prior to such\\noffering, a written statement or statements, to be known as an \"offering\\nstatement\" or \"prospectus\" concerning the contemplated offering which\\nshall contain the information and representations required by paragraph\\n(b) of this subdivision unless the security offering is exempted\\nhereunder or under section three hundred fifty-nine-f, subdivision two,\\nof this article by rule or action of the attorney general. The term\\n\"real estate\" as used in the paragraph shall not include mineral, oil or\\ntimber leases or properties, or buildings, structures, land or other\\nrealty housing or containing business offices or industry, owned or\\nleased by the issuer, where the issuer is not primarily engaged in the\\nbusiness of buying and selling such building or other realty or leases\\nor interests therein. The circulation or dissemination of a non-firm\\noffer (including circulation or dissemination of a preliminary\\nprospectus pursuant to section ten (b) of the securities act of nineteen\\nhundred thirty-three, and the rules thereto appertaining) shall not\\nconstitute making or taking part in a public offering within the meaning\\nof this section.\\n (b) The detailed terms of the transaction; a description of the\\nproperty, the nature of the interest, and how title thereto is to be\\nheld; the gross and net income for a reasonable period preceding the\\noffering where applicable and available; the current gross and net\\nincome where applicable and available; the basis, rate and method of\\ncomputing depreciation; a description of major current leases; the\\nessential terms of all mortgages; the names, addresses and business\\nbackground of the principals involved, the nature of their fiduciary\\nrelationship and their financial relationship, past, present and future,\\nto the property offered to the syndicate and to those who are to\\nparticipate in its management; the interests and profits of the\\npromoters, offerors, syndicate organizers, officers, directors, trustees\\nor general partners, direct and indirect, in the promotion and\\nmanagement of the venture; all restrictions, if any, on transfer of\\nparticipants' interests; a statement as to what stock or other security\\ninvolved in the transaction, if any, is non-voting; a statement as to\\nwhat disposition will be made of the funds received and of the\\ntransaction if not consummated, which statement shall represent that all\\nmoneys received from the sale of such securities until actually employed\\nin connection with the consummation of the transaction as therein\\ndescribed, shall be kept in trust and that in the event insufficient\\nfunds are raised through the offering or otherwise to effectuate the\\npurchase or purchases or other consummation of the contemplated\\ntransaction, or that the intended acquisition shall not be completed for\\nany other reason or reasons, then such moneys, less such amounts\\nactually employed in connection with the consummation of the\\ntransaction, shall be fully returned to the investor; which of the\\nsecurities offered are unsecured; clearly distinguish between leasehold\\nand fee ownership, between fact and opinion; a commitment to submit\\nannual reports to all participants, including an annual balance sheet\\nand profit and loss statement certified by an independent certified\\npublic accountant; clearly distinguish between those portions of\\npromised distributions which are income and those which are a return of\\nprincipal or capital; in the case of qualified leasehold condominiums,\\nas defined in section three hundred thirty-nine-e of the real property\\nlaw, a disclosure of the unique requirements imposed on the unit owners\\nof such condominiums by the provisions of sections three hundred\\nthirty-nine-bb and three hundred thirty-nine-cc of such law; and such\\nadditional information as the attorney general may prescribe in rules\\nand regulations promulgated under subdivision six hereof as will afford\\npotential investors, purchasers and participants an adequate basis upon\\nwhich to found their judgment and shall not omit any material fact or\\ncontain any untrue statement of a material fact.\\n (c) All advertising in connection with an offering of securities\\ndescribed in this subdivision shall be consistent with the\\nrepresentations and information required to be set forth as hereinbefore\\nin this subdivision provided.\\n 2. Unless otherwise provided by regulation issued by the attorney\\ngeneral, the offering statement or statements or prospectus required in\\nsubdivision one of this section shall be filed with the department of\\nlaw at its office in the city of New York, prior to the public offering\\nof the security involved. No offer, advertisement or sale of such\\nsecurities shall be made in or from the state of New York until the\\nattorney general has issued to the issuer or other offerer a letter\\nstating that the offering has been filed. The attorney general, not\\nlater than thirty days after the submission of such filing, shall issue\\nsuch a letter or, in the alternative, a notification in writing\\nindicating deficiencies in the offering statement, statements or\\nprospectus; provided, however, that in the case of a building or group\\nof buildings to be converted to cooperative or condominium ownership\\nwhich is occupied in whole or in part for residential purposes, such\\nletter or notification shall be issued in not sooner than four months\\nand not later than six months from the date of submission of such\\nfiling. The attorney general may also refuse to issue a letter stating\\nthat the offering statement or statements or prospectus has been filed\\nwhenever it appears that the offering statement or statements or\\nprospectus does not clearly set forth the specific property or\\nproperties to be purchased, leased, mortgaged, or otherwise to be\\nacquired, financed or the subject of specific investment with a\\nsubstantial portion of the offering proceeds.\\n 2-a. (a) For the purposes of this subdivision the following words\\nshall have the following meanings:\\n (i) \"Plan\". Every offering statement or prospectus submitted to the\\ndepartment of law for the conversion of a building or group of buildings\\nor development from residential rental status to cooperative or\\ncondominium ownership, other than a plan governed by the provisions of\\neither section three hundred fifty-two-eee or three hundred\\nfifty-two-eeee of this chapter, or a plan for such conversion pursuant\\nto article two, eight or eleven of the private housing finance law.\\n (ii) \"Non-purchasing tenant\". A person who has not purchased under the\\nplan and who is a tenant entitled to possession at the time the plan is\\ndeclared effective or a person to whom a dwelling unit is rented\\nsubsequent to the effective date. A person who sublets a dwelling unit\\nfrom a purchaser under the plan shall not be deemed a non-purchasing\\ntenant.\\n (iii) \"Eligible senior citizens\". Non-purchasing tenants who are\\nsixty-two years of age or older on the date the attorney general has\\naccepted the plan for filing, and the spouses of any such tenants on\\nsuch date, and who have elected, within sixty days of the date the\\nattorney general has accepted the plan for filing, on forms promulgated\\nby the attorney general and presented to such tenants by the offeror, to\\nbecome non-purchasing tenants under the provisions of this subdivision;\\nprovided that such election shall not preclude any such tenant from\\nsubsequently purchasing the dwelling unit on the terms then offered to\\ntenants in occupancy.\\n (iv) \"Eligible disabled persons\". Non-purchasing tenants who have an\\nimpairment which results from anatomical, physiological or psychological\\nconditions, other than addiction to alcohol, gambling, or any controlled\\nsubstance, which are demonstrable by medically acceptable clinical and\\nlaboratory diagnostic techniques, and which are expected to be permanent\\nand which prevent the tenant from engaging in any substantial gainful\\nemployment on the date the attorney general has accepted the plan for\\nfiling, and the spouses of any such tenants on such date, and who have\\nelected, within sixty days of the date the attorney general has accepted\\nthe plan for filing, on forms promulgated by the attorney general and\\npresented to such tenants by the offeror, to become non-purchasing\\ntenants under the provisions of this subdivision; provided, however,\\nthat if the disability first occurs after acceptance of the plan for\\nfiling, then such election may be made within sixty days following the\\nonset of such disability unless during the period subsequent to sixty\\ndays following the acceptance of the plan for filing but prior to such\\nelection, the offeror accepts a written agreement to purchase the\\napartment from a bona fide purchaser; and provided further that such\\nelection shall not preclude any such tenant from subsequently purchasing\\nthe dwelling unit or the shares allocated thereto on the terms then\\noffered to tenants in occupancy.\\n (b) The attorney general shall refuse to issue a letter stating that\\nthe offering statement or prospectus required in subdivision one of this\\nsection has been filed whenever it appears that the offering statement\\nor prospectus offers for sale residential cooperative apartments or\\ncondominium units pursuant to a plan unless the plan provides that:\\n (i) No eviction proceedings will be commenced, except as hereinafter\\nprovided, at any time against either eligible senior citizens or\\neligible disabled persons. The rentals of eligible senior citizens and\\neligible disabled persons who reside in dwelling units not subject to\\ngovernment regulation as to rentals and continued occupancy and eligible\\nsenior citizens and eligible disabled persons who reside in dwelling\\nunits with respect to which government regulation as to rentals and\\ncontinued occupancy is eliminated or becomes inapplicable after the plan\\nhas been accepted for filing shall not be subject to unconscionable\\nincreases beyond ordinary rentals for comparable apartments during the\\nperiod of their occupancy considering, in determining comparability,\\nsuch factors as building services, level of maintainance and operating\\nexpenses; provided that such proceedings may be commenced against such\\ntenants for non-payment of rent, illegal use or occupancy of the\\npremises, refusal of reasonable access to the owner or a similar breach\\nby the tenant of his obligations to the owner of the dwelling unit or\\nthe shares allocated thereto and provided further that an owner of a\\nunit or of the shares allocated thereto may not commence an action to\\nrecover possession of a dwelling unit from a non-purchasing tenant on\\nthe grounds that he seeks the dwelling unit for the use and occupancy of\\nhimself or his family.\\n (ii) Eligible senior citizens and eligible disabled persons who reside\\nin dwelling units subject to government regulation as to rentals and\\ncontinued occupancy shall continue to be subject thereto.\\n (iii) The rights granted under the plan to eligible senior citizens\\nand eligible disabled persons may not be abrogated or reduced\\nnotwithstanding any expiration of, or amendment to, this section.\\n (iv) Any offeror who disputes the election by a person to be an\\neligible senior citizen or an eligible disabled person must apply to the\\nattorney general within thirty days of the receipt of the election forms\\nfor a determination by the attorney general of such person's\\neligibility. The attorney general shall, within thirty days thereafter,\\nissue his determination of eligibility. The foregoing shall, in the\\nabsence of fraud, be the sole method for determining a dispute as to\\nwhether a person is an eligible senior citizen or an eligible disabled\\nperson. The determination of the attorney general shall be reviewable\\nonly through a proceeding under article seventy-eight of the civil\\npractice law and rules, which proceeding must be commenced within thirty\\ndays after such determination by the attorney general becomes final.\\n (c) The provisions of this subdivision shall be applicable in any\\ncity, town or village not covered by the provisions of section three\\nhundred fifty-two-eeee of this chapter, or which has not elected to be\\ncovered by section three hundred fifty-two-eee of this chapter, provided\\nthe local legislative body elects, by majority vote to adopt by\\nresolution, coverage provided by this section. A certified copy of such\\nresolution shall be filed in the office of the attorney general at\\nAlbany and shall become effective on the date of such filing.\\n 2-b. In the case of offerings of cooperatives, condominiums, interest\\nin homeowners association and other cooperative interests in realty,\\nincluding homes subject to deed or covenant or agreements requiring\\ninvestment therein, the attorney general may refuse to issue a letter of\\nacceptance unless the offering statement, prospectus or plan shall\\nprovide that all deposits, down-payments or advances made by purchasers\\nof residential units shall be held in a special escrow account pending\\ndelivery of the completed apartment or unit and a deed or lease\\nwhichever is applicable, unless insurance of such funds in a form\\nsatisfactory to the attorney general has been obtained prior thereto. In\\naddition to the general regulatory authority provided in this section,\\nthe attorney general is hereby authorized to adopt, promulgate, amend\\nand rescind suitable rules and regulations to carry out the provisions\\nof this subdivision, including, but not limited to, determining when\\nescrow funds may be released, the nature of escrowees, and other terms\\nand conditions relating thereto deemed necessary in the public interest.\\n 2-c. Payment of legal fees for representation of a tenant or tenant's\\nassociation in a residential building undergoing conversion to\\ncooperative or condominium ownership shall not be made from any reserve\\nfund, working capital fund, or other fund established to cover expenses,\\nrepairs and capital improvements of buildings converted to cooperative\\nor condominium ownership, unless made pursuant to a retainer agreement\\nentered into before this subdivision shall have become a law. Payment of\\nlegal fees may be made, however, from another fund specifically\\ndesignated for such purpose.\\n 2-d. (a) For the purposes of this subdivision the term \"self-dealing\\ncontract\" shall be defined as any contract or portion thereof which is\\nentered into after October eighth, nineteen hundred eighty, and which:\\n (i) provides for operation, maintenance, or management of a\\ncondominium or cooperative association in a conversion project, or of\\nproperty serving the condominium or cooperative unit owners in such\\nprojects;\\n (ii) is between such unit owners or such association and the developer\\nor an affiliate of the developer;\\n (iii) was entered into while such association was controlled by the\\ndeveloper through special developer control or because the developer\\nheld a majority of the votes in such association;\\n (iv) is for a period of more than three years, including any automatic\\nrenewal provisions which are exercisable at the sole option of the\\ndeveloper or an affiliate of the developer; and\\n (v) may not be terminated without penalty by such unit owners or such\\nassociation.\\n (b) In the case of offerings of cooperatives, condominiums or other\\ninterests in realty covered by the provisions of section six hundred\\neight of the Condominium and Cooperative Abuse Relief Act of 1980, 15\\nU.S.C. 3607, the attorney general shall refuse to issue a letter of\\nacceptance unless the offering statement, prospectus or plan provides\\nthat the tenant shareholders or owners entitled to vote to terminate a\\nself-dealing contract pursuant to such section twice be notified of such\\nright in writing (i) once within thirty days of the date that the right\\nto terminate pursuant to subsection (b) of such section commences and\\n(ii) secondly at least six months prior to the date that such right to\\nterminate will expire.\\n 3. No offering literature shall be employed in the offering of\\nsecurities as defined in subdivision one of this section except by the\\noffering statement or statements filed in the department of law pursuant\\nto the provisions of this section. All advertising in whatever form,\\nincluding periodicals or on radio or television shall contain a\\nstatement that no offer of such securities is made except by such\\noffering statement or statements.\\n 4. In all literature employed in the offer and sale of securities\\ndefined in subdivision one of this section and in all advertising in\\nconnection therewith there shall be contained, in easily readable print\\non the face thereof, a statement that the filing of an offering\\nstatement or statements or prospectus as required by subdivision one of\\nthis section with the department of law does not constitute approval of\\nthe issue or the sale thereof by the department of law or the attorney\\ngeneral of this state.\\n 5. No offering or sale whatever of securities described in subdivision\\none of this section shall be made except on the basis of information,\\nstatements, literature, or representations constituting the offering\\nstatement or statements or prospectus described in such subdivision, and\\nno information, statements, literature, or representations shall be used\\nin the offering or sale of securities described in such subdivision\\nunless it is first so filed and the prospective purchaser furnished with\\ntrue copies thereof.\\n 6. (a) The attorney general is hereby authorized and empowered to\\nadopt, promulgate, amend and rescind suitable rules and regulations to\\ncarry out the provisions of this section, including regulations for the\\nmethod, contents and filing procedures with respect to the statements\\nrequired by subdivision one and the making of amendments thereto.\\n (b) The attorney general is hereby authorized and empowered to adopt,\\npromulgate, amend and rescind suitable rules and regulations relating to\\nthe information furnished to investors of the sources of any\\ndistribution or distributions made by any issuer in connection with the\\nsale of realty securities since January first, nineteen hundred\\nsixty-one within the provisions of section three hundred fifty-two-e and\\nsection three hundred fifty-two-g of this article.\\n 7. (a) The department of law shall collect the following fees for the\\nfiling of each offering statement or prospectus as described in\\nsubdivision one of this section: seven hundred fifty dollars for every\\noffering not in excess of two hundred fifty thousand dollars; for every\\noffering in excess of two hundred fifty thousand dollars, four-tenths of\\none percent of the total amount of the offering but not in excess of\\nthirty thousand dollars of which one-half of said amount shall be a\\nnonrefundable deposit paid at the time of submitting the offering\\nstatement to the department of law for review and the balance payable\\nupon the issuance of a letter of acceptance for filing said offering\\nstatement. The department of law shall, in addition, collect a fee of\\ntwo hundred twenty-five dollars for each amendment to an offering\\nstatement. For each application granted by the department of law which\\npermits the applicant to solicit public interest or public funds\\npreliminary to the filing of an offering statement or for the issuance\\nof a \"no-filing required\" letter, the department of law shall collect a\\nfee of two hundred twenty-five dollars. In the event the sponsor\\nthereafter files an offering statement, the fee paid for the preliminary\\napplication shall be credited against the balance of the fee due and\\npayable on filing. For each application granted pursuant to section\\nthree hundred fifty-two-g of this article, the department of law shall\\ncollect a fee of two-tenths of one percent of the amount of the offering\\nof securities; however, the minimum fee shall be seven hundred fifty\\ndollars and the maximum fee shall be thirty thousand dollars. All\\nrevenue from that portion of any fee imposed pursuant to this paragraph,\\nwhich exceeds twenty thousand dollars shall be paid by the department of\\nlaw to the state comptroller to be deposited in and credited to the real\\nestate finance bureau fund, established pursuant to section eighty of\\nthe state finance law.\\n (b) The attorney general may, in his discretion, require an inspection\\nto be made by the department of law in connection with a real estate\\nsyndication, cooperative, or condominium offering, of lands and property\\nthereon, situated outside of the state of New York, involved in such\\noffering. In such case, prior to the acceptance of such filing, there\\nshall be remitted to the department of law an amount equivalent to the\\ncost of travel from New York to the location of the property involved in\\nthe offering and return, as estimated by the department of law, and a\\nfurther reasonable amount estimated to be necessary to cover the\\nadditional expenses of such inspection. The department of law shall\\nreturn to the person making the remittance any amount advanced in excess\\nof the actual expenses incurred, and where there is a deficiency, the\\ndepartment of law shall be empowered to collect the difference between\\nthe actual expenses and the amount advanced.\\n (c) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, the department of law shall not collect any fees for the\\nfiling of an offering statement or prospectus or any amended filings\\nthereto as described in subdivision one of this section whenever a\\nconversion of a mobile home park, building or group of buildings or\\ndevelopment from residential rental status to cooperative or condominium\\nownership is being made pursuant to article eighteen, nineteen or twenty\\nof the private housing finance law.\\n 8. Within four months after the end of its fiscal year, every\\nsyndicate which shall have been required to file an offering statement\\nor statements or prospectus under subdivision one of this section shall\\nfile with the department of law at its office in the city of New York an\\nannual report of the syndicate operation, including an annual balance\\nsheet and profit and loss statement certified by an independent\\ncertified public accountant. The department of law shall collect a fee\\nof five dollars for the filing of each such annual report.\\n 9. Each offering statement or prospectus as described in subdivision\\none of this section, and all exhibits or documents referred to therein\\nshall be available for inspection by any person who shall have purchased\\na security described in this section or shall have participated in the\\noffering of such security.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-EE", "title" : "Conversion of non-residential property to residential cooperative or condominium ownership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-EE", "activeDate" : "2014-09-22", "sequenceNo" : 522, "repealedDate" : null, "fromSection" : "352-EE", "toSection" : "352-EE", "text" : " § 352-ee. Conversion of non-residential property to residential\\ncooperative or condominium ownership. 1. The attorney general shall\\nrefuse to issue a letter stating that the offering statement or\\nprospectus required in subdivision one of section three hundred\\nfifty-two-e of this article has been filed whenever it appears that the\\noffering statement or prospectus offers for sale residential cooperative\\napartments or condominium units located in a city of over one million in\\npopulation pursuant to a plan for the alteration or conversion of the\\nbuilding to residential use under cooperative or condominium ownership,\\nother than a plan relating to a building already in compliance with\\nsection three hundred one of the multiple dwelling law, unless the\\noffering statement or prospectus contains the following:\\n (i) a statement that a copy of plans for such alteration or\\nconversion, approved in accordance with section three hundred of the\\nmultiple dwelling law, has been submitted to the attorney general prior\\nto the issuance by the attorney general of a letter stating that the\\noffering statement or prospectus has been filed;\\n (ii) a report prepared by an architect or engineer licensed by the\\nstate which sets forth such alterations to the public portions and\\ncommon areas of the building and such alterations to individual spaces\\nor dwelling units as may be necessary to obtain a permanent certificate\\nof occupancy for permanent residential use of the premises;\\n (iii) a statement, satisfactory to the attorney general, that it is\\nthe obligation of the sponsor to complete all alterations and\\nimprovements to the public portions and common areas of the building in\\ncompliance with such approved plans within the time specified in the\\nplan;\\n (iv) a statement, satisfactory to the attorney general, that it is the\\nobligation of the sponsor to complete all alterations and improvements\\nto individual spaces or dwelling units in compliance with such approved\\nplans within the time specified in the plan or, if the sponsor does not\\nundertake such obligation, that it is the obligation of the individual\\nowners of shares in the cooperative corporation or of condominium units,\\nunder the supervision of the cooperative corporation or, in the case of\\na condominium, under the supervision of the board of managers, to\\ncomplete such alterations and improvements within the time specified in\\nthe plan; and\\n (v) a statement that a permanent certificate of occupancy is required\\nfor permanent residential use of the premises, that a temporary\\ncertificate of occupancy may only be renewed for a total period of two\\nyears from the date of its original issuance and that, if the temporary\\ncertificate of occupancy shall have expired prior to obtaining a\\npermanent certificate of occupancy, residential occupancy of the\\npremises will be in violation of the multiple dwelling law, subjecting\\nthe occupants and the cooperative corporation and its board of directors\\nor, in the case of a condominium, the unit owners and board of managers,\\nto penalties under the multiple dwelling law including eviction of\\nresidential occupants.\\n 2. \"Residential use\" shall mean, for the purposes of this section,\\nspace to be used for either living or joint living-work and shall be\\npresumed if the offering statement or prospectus sets forth items which\\nrelate to residential use of the space, including but not limited to,\\nincome tax benefits under section two hundred sixteen of the internal\\nrevenue code, real property tax benefits available to residential\\nproperty or alterations required for the issuance of a permanent\\ncertificate of occupancy for permanent residential use of the premises.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-EEE", "title" : "Conversions to cooperative or condominium ownership in certain cities, towns and villages located in the counties of Nassau, Westchester ...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-06-26", "2015-07-03", "2019-06-28" ], "docLevelId" : "352-EEE", "activeDate" : "2019-06-28", "sequenceNo" : 523, "repealedDate" : null, "fromSection" : "352-EEE", "toSection" : "352-EEE", "text" : " § 352-eee. Conversions to cooperative or condominium ownership in\\ncertain cities, towns and villages located in the counties of Nassau,\\nWestchester and Rockland. 1. As used in this section, the following\\nwords and terms shall have the following meanings:\\n (a) \"Plan\". Every offering statement or prospectus submitted to the\\ndepartment of law pursuant to section three hundred fifty-two-e of this\\narticle for the conversion of a building or group of buildings or\\ndevelopment from residential rental status to cooperative or condominium\\nownership or other form of cooperative interest in realty, other than an\\noffering statement or prospectus for such conversion pursuant to article\\ntwo, eight or eleven of the private housing finance law.\\n (b) \"Non-eviction plan\". A plan which may not be declared effective\\nuntil at least fifteen percent of those bona fide tenants in occupancy\\nof all dwelling units in the building or group of buildings or\\ndevelopment on the date the plan is declared effective shall have\\nexecuted and delivered written agreements to purchase under the plan. As\\nto tenants who were in occupancy on the date a letter was issued by the\\nattorney general accepting the plan for filing, the purchase agreement\\nshall be executed and delivered pursuant to an offering made in good\\nfaith without fraud and discriminatory repurchase agreements or other\\ndiscriminatory inducements.\\n (c) \"Eviction plan\". A plan which, pursuant to the provisions of this\\nsection, can result in the eviction of a non-purchasing tenant by reason\\nof the tenant failing to purchase pursuant thereto, and which may not be\\ndeclared effective until written agreements to purchase under the plan\\npursuant to an offering made in good faith without fraud and with no\\ndiscriminatory repurchase agreements or other discriminatory inducements\\nshall have been executed and delivered by: (i) at least fifty-one\\npercent of the bona fide tenants in occupancy of all dwelling units in\\nthe building or group of buildings or development on the date the\\noffering statement or prospectus was accepted for filing by the attorney\\ngeneral excluding, for the purposes of determining the number of bona\\nfide tenants in occupancy on such date, eligible senior citizens and\\neligible disabled persons; and (ii) at least thirty-five percent of the\\nbona fide tenants in occupancy of all dwelling units in the building or\\ngroup of buildings or development on the date the offering statement or\\nprospectus was accepted for filing by the attorney general including,\\nfor the purposes of determining the number of bona fide tenants in\\noccupancy on such date eligible senior citizens and eligible disabled\\npersons.\\n (d) \"Purchaser under the plan\". A person who owns the shares allocated\\nto a dwelling unit or who owns such dwelling unit itself.\\n (e) \"Non-purchasing tenant\". A person who has not purchased under the\\nplan and who is a tenant entitled to possession at the time the plan is\\ndeclared effective or a person to whom a dwelling unit is rented\\nsubsequent to the effective date. A person who sublets a dwelling unit\\nfrom a purchaser under the plan shall not be deemed a non-purchasing\\ntenant.\\n (f) \"Eligible senior citizens\". Non-purchasing tenants who are\\nsixty-two years of age or older on the date the plan is declared\\neffective and the spouses of any such tenants on such date; provided\\nthat such tenant shall not be precluded from subsequently purchasing the\\ndwelling unit on the terms then offered to tenants in occupancy.\\n (g) \"Eligible disabled persons\". Non-purchasing tenants who have an\\nimpairment which results from anatomical, physiological or psychological\\nconditions, other than addiction to alcohol, gambling, or any controlled\\nsubstance, which are demonstrable by medically acceptable clinical and\\nlaboratory diagnostic techniques, and which are expected to be permanent\\nand which prevent the tenant from engaging in any substantial gainful\\nemployment on the date the attorney general has accepted the plan for\\nfiling, and the spouses of any such tenants on such date, and who have\\nelected, within sixty days of the date the attorney general has accepted\\nthe plan for filing, on forms promulgated by the attorney general and\\npresented to such tenants by the offeror, to become non-purchasing\\ntenants under the provisions of this section; provided, however, that if\\nthe disability first occurs after acceptance of the plan for filing,\\nthen such election may be made within sixty days following the onset of\\nsuch disability unless during the period subsequent to sixty days\\nfollowing the acceptance of the plan for filing but prior to such\\nelection, the offeror accepts a written agreement to purchase the\\napartment from a bona fide purchaser; and provided further that such\\nelection shall not preclude any such tenant from subsequently purchasing\\nthe dwelling unit or the shares allocated thereto on the terms then\\noffered to tenants in occupancy.\\n 2. The attorney general shall refuse to issue a letter stating that\\nthe offering statement or prospectus required in subdivision one of\\nsection three hundred fifty-two-e of this chapter has been filed\\nwhenever it appears that the offering statement or prospectus offers for\\nsale residential cooperative apartments or condominium units pursuant to\\na plan unless:\\n (a) The plan provides that it will be deemed abandoned, void and of no\\neffect if it does not become effective within twelve months from the\\ndate of issue of the letter of the attorney general stating that the\\noffering statement or prospectus has been accepted for filing and, in\\nthe event of such abandonment, no new plan for the conversion of such\\nbuilding or group of buildings or development shall be submitted to the\\nattorney general for at least fifteen months after such abandonment.\\n (b) The plan provides either that it is an eviction plan or that it is\\na non-eviction plan.\\n (c) The plan provides, if it is a non-eviction plan, as follows:\\n (i) The plan may not be declared effective until at least fifteen\\npercent of those bona fide tenants in occupancy of all dwelling units in\\nthe building or group of buildings or development on the date the plan\\nis declared effective shall have executed and delivered written\\nagreements to purchase under the plan. As to tenants who were in\\noccupancy on the date a letter was issued by the attorney general\\naccepting the plan for filing, the purchase agreement shall be executed\\nand delivered pursuant to an offering made in good faith without fraud\\nand discriminatory repurchase agreements or other discriminatory\\ninducements.\\n (ii) No eviction proceedings will be commenced at any time against\\nnon-purchasing tenants for failure to purchase or any other reason\\napplicable to expiration of tenancy; provided that such proceedings may\\nbe commenced for non-payment of rent, illegal use or occupancy of the\\npremises, refusal of reasonable access to the owner or a similar breach\\nby the non-purchasing tenant of his obligations to the owner of the\\ndwelling unit or the shares allocated thereto; and provided further that\\nan owner of a unit or of the shares allocated thereto may not commence\\nan action to recover possession of a dwelling unit from a non-purchasing\\ntenant on the grounds that he seeks the dwelling unit for the use and\\noccupancy of himself or his family.\\n (iii) Non-purchasing tenants who reside in dwelling units subject to\\ngovernment regulation as to rentals and continued occupancy prior to the\\nconversion of the building or group of buildings or development to\\ncooperative or condominium ownership shall continue to be subject\\nthereto.\\n (iv) The rentals of non-purchasing tenants who reside in dwelling\\nunits not subject to government regulation as to rentals and continued\\noccupancy and non-purchasing tenants who reside in dwelling units with\\nrespect to which government regulation as to rentals and continued\\noccupancy is eliminated or becomes inapplicable after the plan has been\\naccepted for filing by the attorney general shall not be subject to\\nunconscionable increases beyond ordinary rentals for comparable\\napartments during the period of their occupancy. In determining\\ncomparability, consideration shall be given to such factors as building\\nservices, level of maintenance and operating expenses.\\n (v) The plan may not be amended at any time to provide that it shall\\nbe an eviction plan.\\n (vi) The rights granted under the plan to purchasers under the plan\\nand to non-purchasing tenants may not be abrogated or reduced\\nnotwithstanding any expiration of, or amendment to, this section.\\n (vii) After the issuance of the letter from the attorney general\\nstating that the offering statement or prospectus required in\\nsubdivision one of section three hundred fifty-two-e of this article has\\nbeen filed, the offeror shall, on the thirtieth, sixtieth, eighty-eighth\\nand ninetieth day after such date and at least once every thirty days\\nuntil the plan is declared effective or is abandoned, as the case may\\nbe, and on the second day before the expiration of any exclusive\\npurchase period provided in a substantial amendment to the plan, (1)\\nfile with the attorney general a written statement, under oath, setting\\nforth the percentage of bona fide tenants in occupancy of all dwelling\\nunits in the building or group of buildings or development who have\\nexecuted and delivered written agreements to purchase under the plan as\\nof the date of such statement, (2) before noon on the day such statement\\nis filed post a copy of such statement in a prominent place accessible\\nto all tenants in each building covered by the plan.\\n (d) The plan provides, if it is an eviction plan, as follows:\\n (i) The plan may not be declared effective unless: (1) at least\\nfifty-one percent of the bona fide tenants in occupancy of all dwelling\\nunits in the building or group of buildings or development on the date\\nthe offering statement or prospectus was accepted for filing by the\\nattorney general excluding, for the purposes of determining the number\\nof bona fide tenants in occupancy on such date, eligible senior citizens\\nand eligible disabled persons; and (2) at least thirty-five percent of\\nthe bona fide tenants in occupancy of all dwelling units in the building\\nor group of buildings or development on the date the offering statement\\nor prospectus was accepted for filing by the attorney general including,\\nfor the purposes of determining the number of bona fide tenants in\\noccupancy on such date eligible senior citizens and eligible disabled\\npersons; shall have executed and delivered written agreements to\\npurchase under the plan pursuant to an offering made in good faith\\nwithout fraud and with no discriminatory repurchase agreements or other\\ndiscriminatory inducements.\\n (ii) No eviction proceedings will be commenced against a\\nnon-purchasing tenant for failure to purchase or any other reason\\napplicable to expiration of tenancy until the later to occur of (1) the\\ndate which is the expiration date provided in such non-purchasing\\ntenant's lease or rental agreement, and (2) the date which is three\\nyears after the date on which the plan is declared effective.\\nNon-purchasing tenants who reside in dwelling units subject to\\ngovernment regulation as to rentals and continued occupancy prior to\\nconversion shall continue to be subject thereto during the period of\\noccupancy provided in this paragraph. Thereafter, if a tenant has not\\npurchased, he may be removed by the owner of the dwelling unit or the\\nshares allocated to such dwelling unit.\\n (iii) No eviction proceedings will be commenced, except as hereinafter\\nprovided, at any time against either eligible senior citizens or\\neligible disabled persons. The rentals of eligible senior citizens and\\neligible disabled persons who reside in dwelling units not subject to\\ngovernment regulation as to rentals and continued occupancy and eligible\\nsenior citizens and eligible disabled persons who reside in dwelling\\nunits with respect to which government regulation as to rentals and\\ncontinued occupancy is eliminated or becomes inapplicable after the plan\\nhas been accepted for filing shall not be subject to unconscionable\\nincreases beyond ordinary rentals for comparable apartments during the\\nperiod of their occupancy considering, in determining comparability,\\nsuch factors as building services, level of maintenance and operating\\nexpenses; provided that such proceedings may be commenced against such\\ntenants for non-payment of rent, illegal use or occupancy of the\\npremises, refusal of reasonable access to the owner or a similar breach\\nby the tenant of his obligations to the owner of the dwelling unit or\\nthe shares allocated thereto; and provided further that an owner of a\\nunit or of the shares allocated thereto may not commence an action to\\nrecover possession of a dwelling unit from a non-purchasing tenant on\\nthe grounds that he seeks the dwelling unit for the use and occupancy of\\nhimself or his family.\\n (iv) Eligible senior citizens and eligible disabled persons who reside\\nin dwelling units subject to government regulation as to rentals and\\ncontinued occupancy shall continue to be subject thereto.\\n (v) The rights granted under the plan to eligible senior citizens and\\neligible disabled persons may not be abrogated or reduced\\nnotwithstanding any expiration of, or amendment to, this section.\\n (vi) Any offeror who disputes the election by a person to be an\\neligible senior citizen or an eligible disabled person must apply to the\\nattorney general within thirty days of the receipt of the election forms\\nfor a determination by the attorney general of such person's\\neligibility. The attorney general shall, within thirty days thereafter,\\nissue his determination of eligibility. The foregoing shall, in the\\nabsence of fraud, be the sole method for determining a dispute as to\\nwhether a person is an eligible senior citizen or an eligible disabled\\nperson. The determination of the attorney general shall be reviewable\\nonly through a proceeding under article seventy-eight of the civil\\npractice law and rules, which proceeding must be commenced within thirty\\ndays after such determination by the attorney general becomes final.\\n (vii) After the issuance of the letter from the attorney general\\nstating that the offering statement or prospectus required in\\nsubdivision one of section three hundred fifty-two-e of this article has\\nbeen accepted for filing, the offeror shall, on the thirtieth, sixtieth,\\neighty-eighth and ninetieth days after such date and at least once every\\nthirty days until the plan is declared effective or abandoned, as the\\ncase may be, and on the second day before the expiration of any\\nexclusive purchase period provided in a substantial amendment to the\\nplan, (1) file with the attorney general a written statement, under\\noath, setting forth the percentage of bona fide tenants in occupancy of\\nall dwelling units in the building or group of buildings or development\\non the date the offering statement or prospectus was accepted for filing\\nby the attorney general who have executed and delivered written\\nagreements to purchase under the plan as of the date of such statement,\\nand (2) before noon on the day such statement is filed post a copy of\\nsuch statement in a prominent place accessible to all tenants in each\\nbuilding covered by the plan.\\n (viii) If the plan is amended before it is declared effective to\\nprovide that it shall be a non-eviction plan, any person who has agreed\\nto purchase under the plan prior to such amendment shall have a period\\nof thirty days after receiving written notice of such amendment to\\nrevoke his agreement to purchase under the plan.\\n (ix) The tenants in occupancy on the date the attorney general accepts\\nthe plan for filing shall have the exclusive right to purchase their\\ndwelling units or the shares allocated thereto for ninety days after the\\nplan is accepted for filing by the attorney general, during which time a\\ntenant's dwelling unit shall not be shown to a third party unless he\\nhas, in writing, waived his right to purchase; subsequent to the\\nexpiration of such ninety day period, a tenant in occupancy of a\\ndwelling unit who has not purchased shall be given the exclusive right\\nfor an additional period of six months from said expiration date to\\npurchase said dwelling unit or the shares allocated thereto on the same\\nterms and conditions as are contained in an executed contract to\\npurchase said dwelling unit or shares entered into by a bona fide\\npurchaser, such exclusive right to be exercisable within fifteen days\\nfrom the date of mailing by registered mail of notice of the execution\\nof a contract of sale together with a copy of said executed contract to\\nsaid tenant.\\n (e) The attorney general finds that an excessive number of long-term\\nvacancies did not exist on the date that the offering statement or\\nprospectus was first submitted to the department of law. \"Long-term\\nvacancies\" shall mean dwelling units not leased or occupied by bona fide\\ntenants for more than five months prior to the date of such submission\\nto the department of law. \"Excessive\" shall mean a vacancy rate in\\nexcess of the greater of (i) ten percent and (ii) a percentage that is\\ndouble the normal average vacancy rate for the building or group of\\nbuildings or development for two years prior to the January preceding\\nthe date the offering statement or prospectus was first submitted to the\\ndepartment of law.\\n (f) The attorney general finds that, following the submission of the\\noffering statement or prospectus to the department of law, each tenant\\nin the building or group of buildings or development was provided with a\\nwritten notice stating that such offering statement or prospectus has\\nbeen submitted to the department of law for filing. Such notice shall be\\naccompanied by a copy of the offering statement or prospectus and a\\nstatement that the statements submitted pursuant to subparagraph (vii)\\nof paragraph (c) or subparagraph (vii) of paragraph (d) of this\\nsubdivision, whichever is applicable, will be available for inspection\\nand copying at the office of the department of law where the submission\\nwas made and at the office of the offeror or a selling agent of the\\nofferor. Such notice shall also be accompanied by a statement that\\ntenants or their representatives may physically inspect the premises at\\nany time subsequent to the submission of the plan to the department of\\nlaw, during normal business hours, upon written request made by them to\\nthe offeror, provided such representatives are registered architects or\\nprofessional engineers licensed to practice in the state of New York.\\nSuch notice shall be sent to each tenant in occupancy on the date the\\nplan is first submitted to the department of law and to the clerk of the\\nmunicipality wherein such building or group of buildings or development\\nis located.\\n 3. All dwelling units occupied by non-purchasing tenants shall be\\nmanaged by the same managing agent who manages all other dwelling units\\nin the building or group of buildings or development. Such managing\\nagent shall provide to non-purchasing tenants all services and\\nfacilities required by law on a non-discriminatory basis. The offeror\\nshall guarantee the obligation of the managing agent to provide all such\\nservices and facilities until such time as the offeror surrenders\\ncontrol to the board of directors or board of managers, at which time\\nthe cooperative corporation or the condominium association shall assume\\nresponsibility for the provision of all services and facilities required\\nby law on a non-discriminatory basis.\\n 4. It shall be unlawful for any person to engage in any course of\\nconduct, including, but not limited to, interruption or discontinuance\\nof essential services, which substantially interferes with or disturbs\\nthe comfort, repose, peace or quiet of any tenant in his use or\\noccupancy of his dwelling unit or the facilities related thereto. The\\nattorney general may apply to a court of competent jurisdiction for an\\norder restraining such conduct and, if he deems it appropriate, an order\\nrestraining the owner from selling the shares allocated to the dwelling\\nunit or the dwelling unit itself or from proceeding with the plan of\\nconversion; provided that nothing contained herein shall be deemed to\\npreclude the tenant from applying on his own behalf for similar relief.\\n 5. Any local legislative body may adopt local laws and any agency,\\nofficer or public body may prescribe rules and regulations with respect\\nto the continued occupancy by tenants of dwelling units which are\\nsubject to regulation as to rentals and continued occupancy pursuant to\\nlaw, provided that in the event that any such local law, rule or\\nregulation shall be inconsistent with the provisions of this section,\\nthe provisions of this section shall control.\\n 6. Any provision of a lease or other rental agreement which purports\\nto waive a tenant's rights under this section or rules and regulations\\npromulgated pursuant hereto shall be void as contrary to public policy.\\n 7. The provisions of this section shall only be applicable in the\\ncities, towns and villages located in the counties of Nassau,\\nWestchester and Rockland which by resolution adopted by the respective\\nlocal legislative body of such city, town or village, elect that the\\nprovisions hereof shall be applicable therein. A certified copy of such\\nresolution shall be filed in the office of the attorney general at\\nAlbany and shall become effective on the date of such filing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-EEEE", "title" : "Conversions to cooperative or condominium ownership in the city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-06-26", "2015-07-03", "2019-06-28", "2022-12-23", "2023-03-17", "2025-05-16", "2025-11-07" ], "docLevelId" : "352-EEEE", "activeDate" : "2019-06-28", "sequenceNo" : 524, "repealedDate" : null, "fromSection" : "352-EEEE", "toSection" : "352-EEEE", "text" : " § 352-eeee. Conversions to cooperative or condominium ownership in the\\ncity of New York. 1. As used in this section, the following words and\\nterms shall have the following meanings:\\n (a) \"Plan\". Every offering statement or prospectus submitted to the\\ndepartment of law pursuant to section three hundred fifty-two-e of this\\narticle for the conversion of a building or group of buildings or\\ndevelopment from residential rental status to cooperative or condominium\\nownership or other form of cooperative interest in realty, other than an\\noffering statement or prospectus for such conversion pursuant to article\\ntwo, eight or eleven of the private housing finance law.\\n (b) \"Non-eviction plan\". A plan which may not be declared effective\\nuntil written purchase agreements have been executed and delivered for\\nat least fifty-one percent of all dwelling units in the building or\\ngroup of buildings or development by bona fide tenants who were in\\noccupancy on the date a letter was issued by the attorney general\\naccepting the plan for filing. The purchase agreement shall be executed\\nand delivered pursuant to an offering made in good faith without fraud\\nand discriminatory repurchase agreements or other discriminatory\\ninducements.\\n (c) \"Eviction plan\". A plan which, submitted prior to the effective\\ndate of the chapter of the laws of two thousand nineteen that amended\\nthis section, pursuant to the provisions of this section, can result in\\nthe eviction of a non-purchasing tenant by reason of the tenant failing\\nto purchase pursuant thereto, and which may not be declared effective\\nuntil at least fifty-one percent of the bona fide tenants in occupancy\\nof all dwelling units in the building or group of buildings or\\ndevelopment on the date the offering statement or prospectus was\\naccepted for filing by the attorney general (excluding, for the purposes\\nof determining the number of bona fide tenants in occupancy on such\\ndate, eligible senior citizens and eligible disabled persons) shall have\\nexecuted and delivered written agreements to purchase under the plan\\npursuant to an offering made in good faith without fraud and with no\\ndiscriminatory repurchase agreements or other discriminatory\\ninducements.\\n (d) \"Purchaser under the plan\". A person who owns the shares allocated\\nto a dwelling unit or who owns such dwelling unit itself.\\n (e) \"Non-purchasing tenant\". A person who has not purchased under the\\nplan and who is a tenant entitled to possession at the time the plan is\\ndeclared effective or a person to whom a dwelling unit is rented\\nsubsequent to the effective date. A person who sublets a dwelling unit\\nfrom a purchaser under the plan shall not be deemed a non-purchasing\\ntenant.\\n (f) \"Eligible senior citizens\". Non-purchasing tenants who are\\nsixty-two years of age or older on the date the plan is submitted to the\\ndepartment of law or on the date the attorney general has accepted the\\nplan for filing, and the spouses of any such tenants on such date, and\\nwho have elected, within sixty days of the date the plan is submitted to\\nthe department of law or on the date the attorney general has accepted\\nthe plan for filing, on forms promulgated by the attorney general and\\npresented to such tenants by the offeror, to become non-purchasing\\ntenants under the provisions of this section; provided that such\\nelection shall not preclude any such tenant from subsequently purchasing\\nthe dwelling unit on the terms then offered to tenants in occupancy.\\n (g) \"Eligible disabled persons\". Non-purchasing tenants who have an\\nimpairment which results from anatomical, physiological or psychological\\nconditions, other than addiction to alcohol, gambling, or any controlled\\nsubstance, which are demonstrable by medically acceptable clinical and\\nlaboratory diagnostic techniques, and which are expected to be permanent\\nand which prevent the tenant from engaging in any substantial gainful\\nemployment on the date the plan is submitted to the department of law or\\non the date the attorney general has accepted the plan for filing, and\\nthe spouses of any such tenants on such date, and who have elected,\\nwithin sixty days of the date the plan is submitted to the department of\\nlaw or on the date the attorney general has accepted the plan for\\nfiling, on forms promulgated by the attorney general and presented to\\nsuch tenants by the offeror, to become non-purchasing tenants under the\\nprovisions of this section; provided, however, that if the disability\\nfirst occurs after acceptance of the plan for filing, then such election\\nmay be made within sixty days following the onset of such disability\\nunless during the period subsequent to sixty days following the\\nacceptance of the plan for filing but prior to such election, the\\nofferor accepts a written agreement to purchase the apartment from a\\nbona fide purchaser; and provided further that such election shall not\\npreclude any such tenant from subsequently purchasing the dwelling unit\\nor the shares allocated thereto on the terms then offered to tenants in\\noccupancy.\\n 2. The attorney general shall refuse to issue a letter stating that\\nthe offering statement or prospectus required in subdivision one of\\nsection three hundred fifty-two-e of this article has been filed\\nwhenever it appears that the offering statement or prospectus offers for\\nsale residential cooperative apartments or condominium units pursuant to\\na plan unless:\\n (a) The plan provides that it will be deemed abandoned, void and of no\\neffect if it does not become effective within fifteen months from the\\ndate of issue of the letter of the attorney general stating that the\\noffering statement or prospectus has been accepted for filing and, in\\nthe event of such abandonment, no new plan for the conversion of such\\nbuilding or group of buildings or development shall be submitted to the\\nattorney general for at least twelve months after such abandonment.\\n (b) The plan provides either that it is an eviction plan or that it is\\na non-eviction plan.\\n (c) The plan provides, if it is a non-eviction plan, as follows:\\n (i) The plan may not be declared effective until written purchase\\nagreements have been executed and delivered for at least fifty-one\\npercent of all dwelling units in the building or group of buildings or\\ndevelopment subscribed for by bona fide tenants in occupancy on the date\\na letter was issued by the attorney general accepting the plan for\\nfiling for which purchase agreement shall be executed and delivered\\npursuant to an offering made without discriminatory repurchase\\nagreements or other discriminatory inducements.\\n (ii) No eviction proceedings will be commenced at any time against\\nnon-purchasing tenants for failure to purchase or any other reason\\napplicable to expiration of tenancy; provided that such proceedings may\\nbe commenced for non-payment of rent, illegal use or occupancy of the\\npremises, refusal of reasonable access to the owner or a similar breach\\nby the non-purchasing tenant of his obligations to the owner of the\\ndwelling unit or the shares allocated thereto; and provided further that\\nan owner of a unit or of the shares allocated thereto may not commence\\nan action to recover possession of a dwelling unit from a non-purchasing\\ntenant on the grounds that he seeks the dwelling unit for the use and\\noccupancy of himself or his family.\\n (iii) No eviction proceedings will be commenced, except as hereinafter\\nprovided, at any time against either eligible senior citizens or\\neligible disabled persons. The rentals of eligible senior citizens and\\neligible disabled persons who reside in dwelling units not subject to\\ngovernment regulation as to rentals and continued occupancy and eligible\\nsenior citizens and eligible disabled persons who reside in dwelling\\nunits with respect to which government regulation as to rentals and\\ncontinued occupancy is eliminated or becomes inapplicable after the plan\\nhas been accepted for filing shall not be subject to unconscionable\\nincreases beyond ordinary rentals for comparable apartments during the\\nperiod of their occupancy considering, in determining comparability,\\nsuch factors as building services, level of maintenance and operating\\nexpenses; provided that such proceedings may be commenced against such\\ntenants for non-payment of rent, illegal use or occupancy of the\\npremises, refusal of reasonable access to the owner or a similar breach\\nby the tenant of his obligations to the owner of the dwelling unit or\\nthe shares allocated thereto.\\n (iv) Eligible senior citizens and eligible disabled persons who reside\\nin dwelling units subject to government regulation as to rentals and\\ncontinued occupancy shall continue to be subject thereto.\\n (v) The rights granted under the plan to eligible senior citizens and\\neligible disabled persons may not be abrogated or reduced\\nnotwithstanding any expiration of, or amendment to, this section.\\n (vi) Any offeror who disputes the election by a person to be an\\neligible senior citizen or an eligible disabled person must apply to the\\nattorney general within thirty days of the receipt of the election forms\\nfor a determination by the attorney general of such person's\\neligibility. The attorney general shall, within thirty days thereafter,\\nissue his determination of eligibility. The foregoing shall, in the\\nabsence of fraud, be the sole method for determining a dispute as to\\nwhether a person is an eligible senior citizen or an eligible disabled\\nperson. The determination of the attorney general shall be reviewable\\nonly through a proceeding under article seventy-eight of the civil\\npractice law and rules, which proceeding must be commenced within thirty\\ndays after such determination by the attorney general becomes final.\\n (vii) Non-purchasing tenants who reside in dwelling units subject to\\ngovernment regulation as to rentals and continued occupancy prior to the\\nconversion of the building or group of buildings or development to\\ncooperative or condominium ownership shall continue to be subject\\nthereto.\\n (viii) The rentals of non-purchasing tenants who reside in dwelling\\nunits not subject to government regulation as to rentals and continued\\noccupancy and non-purchasing tenants who reside in dwelling units with\\nrespect to which government regulation as to rentals and continued\\noccupancy is eliminated or becomes inapplicable after the plan has been\\naccepted for filing by the attorney general shall not be subject to\\nunconscionable increases beyond ordinary rentals for comparable\\napartments during the period of their occupancy. In determining\\ncomparability, consideration shall be given to such factors as building\\nservices, level of maintenance and operating expenses.\\n (ix) The plan may not be amended at any time to provide that it shall\\nbe an eviction plan.\\n (x) The rights granted under the plan to purchasers under the plan and\\nto non-purchasing tenants may not be abrogated or reduced\\nnotwithstanding any expiration of, or amendment to, this section.\\n (xi) After the issuance of the letter from the attorney general\\nstating that the offering statement or prospectus required in\\nsubdivision one of section three hundred fifty-two-e of this article has\\nbeen accepted for filing, the offeror shall, on the thirtieth, sixtieth,\\neighty-eighth and ninetieth day after such date and at least once every\\nthirty days until the plan is declared effective or abandoned, as the\\ncase may be, and on the second day before the expiration of any\\nexclusive purchase period provided in a substantial amendment to the\\nplan, (1) file with the attorney general a written statement, under\\noath, setting forth the percentage of bona fide tenants in occupancy of\\nall dwelling units in the building or group of buildings or development\\non the date the offering statement or prospectus was accepted for filing\\nby the attorney general who have executed and delivered written\\nagreements to purchase under the plan as of the date of such statement,\\nand (2) before noon on the day such statement is filed post a copy of\\nsuch statement in a prominent place accessible to all tenants in each\\nbuilding covered by the plan.\\n (xii) The tenants in occupancy on the date the attorney general\\naccepts the plan for filing shall have the exclusive right to purchase\\ntheir dwelling units or the shares allocated thereto for ninety days\\nafter the plan is accepted for filing by the attorney general, during\\nwhich time a tenant's dwelling unit shall not be shown to a third party\\nunless he or she has, in writing, waived his or her right to purchase;\\nsubsequent to the expiration of such ninety day period, a tenant in\\noccupancy of a dwelling unit who has not purchased shall be given the\\nexclusive right for an additional period of six months from said\\nexpiration date to purchase said dwelling unit or the shares allocated\\nthereto on the same terms and conditions as are contained in an executed\\ncontract to purchase said dwelling unit or shares entered into by a bona\\nfide purchaser, such exclusive right to be exercisable within fifteen\\ndays from the date of mailing by registered mail of notice of the\\nexecution of a contract of sale together with a copy of said executed\\ncontract to said tenant.\\n (d) The plan provides, if it is an eviction plan, as follows:\\n (i) The plan may not be declared effective unless at least fifty-one\\npercent of the bona fide tenants in occupancy of all dwelling units in\\nthe building or group of buildings or development on the date the\\noffering statement or prospectus was accepted for filing by the attorney\\ngeneral (excluding, for the purposes of determining the number of bona\\nfide tenants in occupancy on such date, eligible senior citizens and\\neligible disabled persons) shall have executed and delivered written\\nagreements to purchase under the plan pursuant to an offering made in\\ngood faith without fraud and with no discriminatory repurchase\\nagreements or other discriminatory inducements.\\n (ii) No eviction proceedings will be commenced against a\\nnon-purchasing tenant for failure to purchase or any other reason\\napplicable to expiration of tenancy until the later to occur of (1) the\\ndate which is the expiration date provided in such non-purchasing\\ntenant's lease or rental agreement, and (2) the date which is three\\nyears after the date on which the plan is declared effective.\\nNon-purchasing tenants who reside in dwelling units subject to\\ngovernment regulation as to rentals and continued occupancy prior to\\nconversion shall continue to be subject thereto during the period of\\noccupancy provided in this paragraph. Thereafter, if a tenant has not\\npurchased, he may be removed by the owner of the dwelling unit or the\\nshares allocated to such dwelling unit.\\n (iii) No eviction proceedings will be commenced, except as hereinafter\\nprovided, at any time against either eligible senior citizens or\\neligible disabled persons. The rentals of eligible senior citizens and\\neligible disabled persons who reside in dwelling units not subject to\\ngovernment regulation as to rentals and continued occupancy and eligible\\nsenior citizens and eligible disabled persons who reside in dwelling\\nunits with respect to which government regulation as to rentals and\\ncontinued occupancy is eliminated or becomes inapplicable after the plan\\nhas been accepted for filing shall not be subject to unconscionable\\nincreases beyond ordinary rentals for comparable apartments during the\\nperiod of their occupancy considering, in determining comparability,\\nsuch factors as building services, level of maintenance and operating\\nexpenses; provided that such proceedings may be commenced against such\\ntenants for non-payment of rent, illegal use or occupancy of the\\npremises, refusal of reasonable access to the owner or a similar breach\\nby the tenant of his obligations to the owner of the dwelling unit or\\nthe shares allocated thereto.\\n (iv) Eligible senior citizens and eligible disabled persons who reside\\nin dwelling units subject to government regulation as to rentals and\\ncontinued occupancy shall continue to be subject thereto.\\n (v) The rights granted under the plan to eligible senior citizens and\\neligible disabled persons may not be abrogated or reduced\\nnotwithstanding any expiration of, or amendment to, this section.\\n (vi) Any offeror who disputes the election by a person to be an\\neligible senior citizen or an eligible disabled person must apply to the\\nattorney general within thirty days of the receipt of the election forms\\nfor a determination by the attorney general of such person's\\neligibility. The attorney general shall, within thirty days thereafter,\\nissue his determination of eligibility. The foregoing shall, in the\\nabsence of fraud, be the sole method for determining a dispute as to\\nwhether a person is an eligible senior citizen or an eligible disabled\\nperson. The determination of the attorney general shall be reviewable\\nonly through a proceeding under article seventy-eight of the civil\\npractice law and rules, which proceeding must be commenced within thirty\\ndays after such determination by the attorney general becomes final.\\n (vii) After the issuance of the letter from the attorney general\\nstating that the offering statement or prospectus required in\\nsubdivision one of section three hundred fifty-two-e of this article has\\nbeen accepted for filing, the offeror shall, on the thirtieth, sixtieth,\\neighty-eighth and ninetieth day after such date and at least once every\\nthirty days until the plan is declared effective or abandoned, as the\\ncase may be, and on the second day before the expiration of any\\nexclusive purchase period provided in a substantial amendment to the\\nplan, (1) file with the attorney general a written statement, under\\noath, setting forth the percentage of bona fide tenants in occupancy of\\nall dwelling units in the building or group of buildings or development\\non the date the offering statement or prospectus was accepted for filing\\nby the attorney general who have executed and delivered written\\nagreements to purchase under the plan as of the date of such statement,\\nand (2) before noon on the day such statement is filed post a copy of\\nsuch statement in a prominent place accessible to all tenants in each\\nbuilding covered by the plan.\\n (viii) If the plan is amended before it is declared effective to\\nprovide that it shall be a non-eviction plan, any person who has agreed\\nto purchase under the plan prior to such amendment shall have a period\\nof thirty days after receiving written notice of such amendment to\\nrevoke his agreement to purchase under the plan.\\n (ix) The tenants in occupancy on the date the attorney general accepts\\nthe plan for filing shall have the exclusive right to purchase their\\ndwelling units or the shares allocated thereto for ninety days after the\\nplan is accepted for filing by the attorney general, during which time a\\ntenant's dwelling unit shall not be shown to a third party unless he\\nhas, in writing, waived his right to purchase; subsequent to the\\nexpiration of such ninety day period, a tenant in occupancy of a\\ndwelling unit who has not purchased shall be given the exclusive right\\nfor an additional period of six months from said expiration date to\\npurchase said dwelling unit or the shares allocated thereto on the same\\nterms and conditions as are contained in an executed contract to\\npurchase said dwelling unit or shares entered into by a bona fide\\npurchaser, such exclusive right to be exercisable within fifteen days\\nfrom the date of mailing by registered mail of notice of the execution\\nof a contract of sale together with a copy of said executed contract to\\nsaid tenant.\\n (e) The attorney general finds that an excessive number of long-term\\nvacancies did not exist on the date that the offering statement or\\nprospectus was first submitted to the department of law. \"Long-term\\nvacancies\" shall mean dwelling units not leased or occupied by bona fide\\ntenants for more than five months prior to the date of such submission\\nto the department of law. \"Excessive\" shall mean a vacancy rate in\\nexcess of the greater of (i) ten percent and (ii) a percentage that is\\ndouble the normal average vacancy rate for the building or group of\\nbuildings or development for two years prior to the January preceding\\nthe date the offering statement or prospectus was first submitted to the\\ndepartment of law.\\n (f) The attorney general finds that, following the submission of the\\noffering statement or prospectus to the department of law, each tenant\\nin the building or group of buildings or development was provided with a\\nwritten notice stating that such offering statement or prospectus has\\nbeen submitted to the department of law for filing. Such notice shall be\\naccompanied by a copy of the offering statement or prospectus and a\\nstatement that the statements submitted pursuant to subparagraph (xi) of\\nparagraph (c) of this subdivision, whichever is applicable, will be\\navailable for inspection and copying at the office of the department of\\nlaw where the submission was made and at the office of the offeror or a\\nselling agent of the offeror. Such notice shall also be accompanied by a\\nstatement that tenants or their representatives may physically inspect\\nthe premises at any time subsequent to the submission of the plan to the\\ndepartment of law, during normal business hours, upon written request\\nmade by them to the offeror, provided such representatives are\\nregistered architects or professional engineers licensed to practice in\\nthe state of New York. Such notice shall be sent to each tenant in\\noccupancy on the date the plan is first submitted to the department of\\nlaw.\\n 3. All dwelling units occupied by non-purchasing tenants shall be\\nmanaged by the same managing agent who manages all other dwelling units\\nin the building or group of buildings or development. Such managing\\nagent shall provide to non-purchasing tenants all services and\\nfacilities required by law on a non-discriminatory basis. The offeror\\nshall guarantee the obligation of the managing agent to provide all such\\nservices and facilities until such time as the offeror surrenders\\ncontrol to the board of directors or board of managers, at which time\\nthe cooperative corporation or the condominium association shall assume\\nresponsibility for the provision of all services and facilities required\\nby law on a non-discriminatory basis.\\n 4. It shall be unlawful for any person to engage in any course of\\nconduct, including, but not limited to, interruption or discontinuance\\nof essential services, which substantially interferes with or disturbs\\nthe comfort, repose, peace or quiet of any tenant in his use or\\noccupancy of his dwelling unit or the facilities related thereto. The\\nattorney general may apply to a court of competent jurisdiction for an\\norder restraining such conduct and, if he deems it appropriate, an order\\nrestraining the owner from selling the shares allocated to the dwelling\\nunit or the dwelling unit itself or from proceeding with the plan of\\nconversion; provided that nothing contained herein shall be deemed to\\npreclude the tenant from applying on his own behalf for similar relief.\\n 5. Any local legislative body may adopt local laws and any agency,\\nofficer or public body may prescribe rules and regulations with respect\\nto the continued occupancy by tenants of dwelling units which are\\nsubject to regulation as to rentals and continued occupancy pursuant to\\nlaw, provided that in the event that any such local law, rule or\\nregulation shall be inconsistent with the provisions of this section,\\nthe provisions of this section shall control.\\n 6. Any provision of a lease or other rental agreement which purports\\nto waive a tenant's rights under this section or rules and regulations\\npromulgated pursuant hereto shall be void as contrary to public policy.\\n 7. The attorney general is hereby authorized and empowered to adopt,\\npromulgate, amend and rescind suitable rules and regulations to carry\\nout the provisions of this section, including issuing waivers of the\\nrequirements of this section to the extent the requirements would not\\ncarry out the intent of this section or the Martin Act.\\n 8. The provisions of this section shall only be applicable in the city\\nof New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-F", "title" : "Description of realty bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-F", "activeDate" : "2014-09-22", "sequenceNo" : 525, "repealedDate" : null, "fromSection" : "352-F", "toSection" : "352-F", "text" : " § 352-f. Description of realty bonds. Whenever hereafter any person,\\npartnership, corporation, company, trust or association, or any agent or\\nemployee thereof, makes or takes part in an offering or sale of\\nsecurities described in subdivision one of section three hundred\\nfifty-two-e of this article, and such securities consist of bonds or\\nother evidence of indebtedness, there shall be included in numeral form,\\nin bold print on the first page of all offering literature employed in\\nthe solicitation and sale of such securities, the actual interest rate\\npayable on such securities. Such rate shall not include any return of\\nprincipal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-G", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-G", "activeDate" : "2014-09-22", "sequenceNo" : 526, "repealedDate" : null, "fromSection" : "352-G", "toSection" : "352-G", "text" : " § 352-g. Exemptions. The attorney general, upon application, may\\nexempt from the provisions of sections three hundred fifty-two-e, three\\nhundred fifty-two-f and three hundred fifty-two-h any offerings of\\nsecurities (1) made to persons not exceeding forty in number or (2)\\nwhich securities have been fully registered with the securities and\\nexchange commission of the United States of America or have received an\\nexemption therefrom for reasons other than said offering is an\\nintrastate offering to residents of the state of New York only.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-H", "title" : "Trust funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-08-01" ], "docLevelId" : "352-H", "activeDate" : "2014-09-22", "sequenceNo" : 527, "repealedDate" : null, "fromSection" : "352-H", "toSection" : "352-H", "text" : "§ 352-h. Trust funds. Whenever hereafter any person, partnership,\\ncorporation, company, trust or association, offers or sells securities\\ndescribed in subdivision one of section three hundred fifty-two-e of\\nthis article to the public in or from the state of New York, then all\\nmoneys received in connection therewith, including deposits or advances\\ntherefor, shall continue to be the money of the person making such\\npurchase, deposit or advance, and shall be held in trust by the person,\\npartnership, corporation, company, trust or association offering or\\nselling such securities and shall not be commingled with the personal\\nmoneys or become an asset of the person, partnership, corporation,\\ncompany, trust or association receiving the same, and shall not be\\nsubject to attachment, levy or other encumbrance in any action by a\\nthird party against such person, partnership, corporation, company,\\ntrust or association; and said funds shall remain in trust until\\nactually employed in connection with the consummation of the\\ntransaction; and in the event insufficient funds are raised to\\neffectuate the consummation of the transaction, or if the transaction\\ndoes not result in the acquisition of the real estate, mortgage or lease\\ninvolved for any reason or reasons, then all moneys so collected less\\nsuch amounts actually employed in connection with the consummation of\\nthe transaction shall be fully returned to the investors. Any provision\\nof any contract or agreement or understanding, whether oral or in\\nwriting, whereby a person who so purchases such securities waives any\\nprovision of this section is absolutely void. Nothing herein contained\\nshall be deemed to preclude an action against a defaulting investor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-I", "title" : "Injunctive relief", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-I", "activeDate" : "2014-09-22", "sequenceNo" : 528, "repealedDate" : null, "fromSection" : "352-I", "toSection" : "352-I", "text" : " § 352-i. Injunctive relief. Any person, partnership, corporation,\\ncompany, trust or association, or any agent or employee thereof, who\\nviolates any of the provisions of sections three hundred fifty-two-e,\\nthree hundred fifty-two-ee, three hundred fifty-two-f, three hundred\\nfifty-two-g, three hundred fifty-two-h or three hundred fifty-nine-ff of\\nthis article or of any regulations issued by the attorney general\\npursuant thereto shall be deemed to have committed a fraudulent\\npractice, upon which the supreme court may issue a permanent injunction,\\nas provided in section three hundred fifty-three of this article, upon\\napplication by the attorney general.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-J", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-J", "activeDate" : "2014-09-22", "sequenceNo" : 529, "repealedDate" : null, "fromSection" : "352-J", "toSection" : "352-J", "text" : " § 352-j. Application of article. All the provisions of this article\\nshall be fully applicable to real estate syndication offerings and\\nsecurity transactions described in subdivision one of section three\\nhundred fifty-two-e of this article, with the exception that the\\nadditional provisions contained in sections three hundred fifty-two-e,\\nthree hundred fifty-two-ee, three hundred fifty-two-f, three hundred\\nfifty-two-g, three hundred fifty-two-h and three hundred fifty-two-i\\nshall also be applicable to such transactions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-K", "title" : "Broker dealer minimum capital requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-K", "activeDate" : "2014-09-22", "sequenceNo" : 530, "repealedDate" : null, "fromSection" : "352-K", "toSection" : "352-K", "text" : " § 352-k. Broker dealer minimum capital requirements. 1. Every\\nbroker-dealer registered or required to be registered in this state\\nshall have and maintain a net capital of not less than five thousand\\ndollars. The term net capital shall be deemed to mean the net worth of a\\nbroker or dealer (that is, the excess of total assets over total\\nliabilities), adjusted by\\n (a) adding unrealized profits (or deducting unrealized losses) in the\\naccounts of the broker or dealer and, if such broker or dealer is a\\npartnership, adding equities (or deducting deficits) in accounts of\\npartners, as hereinafter defined;\\n (b) deducting fixed assets and assets which cannot be readily\\nconverted into cash (less any indebtedness secured thereby) including,\\namong other things, real estate; furniture and fixtures; exchange\\nmemberships; prepaid rent, insurance and expenses; good will;\\norganization expenses; all unsecured advances and loans; customers'\\nunsecured notes and accounts; and deficits in customers' accounts,\\nexcept in bona fide cash accounts within the meaning of section 4(c) of\\nregulation T of the board of governors of the federal reserve system;\\n (c) deducting the percentages specified below of the market value of\\nall securities, long and short (except exempted securities) in the\\ncapital, proprietary and other accounts of the broker or dealer,\\nincluding securities loaned to the broker or dealer pursuant to a\\nsatisfactory subordination agreement, as hereinafter defined, and if\\nsuch broker or dealer is a partnership, in the accounts of partners, as\\nhereinafter defined:\\n (1) in the case of non-convertible debt securities having a fixed\\ninterest rate and a fixed maturity date which are not in default, if the\\nmarket value is not more than five per cent below the face value, the\\ndeduction shall be five per cent of such market value; if the market\\nvalue is more than five per cent but not more than thirty per cent below\\nthe face value, the deduction shall be a percentage of market value,\\nequal to the percentage by which the market value is below the face\\nvalue; and if the market value is thirty per cent or more below the face\\nvalue, such deduction shall be thirty per cent;\\n (2) in the case of cumulative, non-convertible preferred stock ranking\\nprior to all other classes of stock of the same issuer, which is not in\\narrears as to dividends, the deduction shall be twenty per cent;\\n (3) on all other securities, the deduction shall be thirty per cent;\\nprovided, however, that such deduction need not be made in the case of\\n(1) a security which is convertible into or exchangeable for other\\nsecurities within a period of thirty days, subject to no conditions\\nother than the payment of money, and the other securities into which\\nsuch security is convertible, or for which it is exchangeable, are short\\nin the accounts of such broker or dealer or partner, or (2) a security\\nwhich has been called for redemption and which is redeemable within\\nninety days.\\n (d) deducting thirty per cent of the market value of all \"long\" and\\nall \"short\" future commodity contracts (other than those contracts\\nrepresenting spreads or straddles in the same commodity and those\\ncontracts offsetting or hedging any \"spot\" commodity positions) carried\\nin the capital, proprietary or other accounts of the broker or dealer\\nand, if such broker or dealer is a partnership, in the accounts of\\npartners as hereinafter defined;\\n (e) deducting, in the case of a broker or dealer who has open\\ncontractual commitments, the respective percentages specified in\\nsubparagraph (c) above of the value (which shall be the market value\\nwhenever there is a market) of each net long and each net short position\\ncontemplated by any existing contractual commitment in the capital,\\nproprietary and other accounts of the broker or dealer and, if such\\nbroker or dealer is a partnership, in accounts of partners, as\\nhereinafter defined; provided, however, that this deduction shall not\\napply to exempted securities, and that the deduction with respect to any\\nindividual commitment shall be reduced by the unrealized profit, in an\\namount not greater than the percentage deduction provided for in\\nsubparagraph (c), (or increased by the unrealized loss) in such\\ncommitment; and that in no event shall an unrealized profit on any\\nclosed transactions operate to increase net capital;\\n (f) excluding liabilities of the broker or dealer which are\\nsubordinated to the claims of general creditors pursuant to a\\nsatisfactory subordination agreement as herein defined; and\\n (g) deducting, in the case of a broker or dealer who is a sole\\nproprietor, the excess of (1) liabilities which have not been incurred\\nin the course of business as a broker or dealer over (2) assets not used\\nin the business.\\n (h) For the purposes of this section only the term \"exempted\\nsecurities\" shall mean:\\n (1) obligations issued or guaranteed by the United States, a state,\\nterritory or any political subdivision thereof, or of any\\ninstrumentality, authority, commission, or agency, of the United States,\\na state, territory, or any political subdivision thereof, and\\n (2) any note, draft, bill of exchange, or banker's acceptance which\\narises out of a current transaction or the proceeds of which have been\\nor are to be used for current transactions, and which has a maturity at\\nthe time of issuance of not more than nine months, exclusive of days of\\ngrace, or any renewal thereof, the maturity of which is likewise\\nlimited, and which is such as is sold in the open market in the usual\\ncourse of business of broker-dealers.\\n (i) the term \"accounts of partners\", where the broker or dealer is a\\npartnership, shall mean accounts of partners who have agreed in writing\\nthat the equity in such accounts maintained with such partnership shall\\nbe included as partnership property;\\n (j) the term \"contractual commitments\" shall include underwriting,\\nwhen-issued, when-distributed and delayed delivery contracts,\\nendorsement of puts and calls, commitments in foreign currencies, and\\nspot (cash) commodities contracts, but shall not include uncleared\\nregular way purchases and sales of securities and contracts in\\ncommodities futures; a series of contracts of purchase or sale of the\\nsame security conditioned, if at all, only upon issuance may be treated\\nas an individual commitment;\\n (k) the term \"satisfactory subordination agreement\" shall mean a\\nwritten agreement between the broker or dealer and a lender, which\\nagreement is binding and enforceable in accordance with its terms upon\\nthe lender, his creditors, heirs, executors, administrators, and\\nassigns, and which agreement satisfies all of the following conditions:\\n (1) it effectively subordinates any right of the lender to demand or\\nreceive payment or return of the cash or securities loaned to the claims\\nof all present and future general creditors of the broker or dealer;\\n (2) it is not subject to cancellation at the will of either party and\\nis for a term of not less than one year;\\n (3) it provides that it shall not be terminated, rescinded or modified\\nby mutual consent or otherwise, if the effect thereof would be to make\\nthe agreement inconsistent with the conditions of this rule, or to\\nreduce the net capital of the broker or dealer below the amount required\\nby this section;\\n (4) it provides that no default in the payment of interest or in the\\nperformance of any other covenant or condition by the broker or dealer\\nshall have the effect of accelerating the maturity of the indebtedness;\\n (5) it provides that any notes or other written instruments evidencing\\nthe indebtedness shall bear on their face an appropriate legend stating\\nthat such notes or instruments are issued subject to the provisions of a\\nsubordination agreement which shall be adequately referred to and\\nincorporated by reference;\\n (6) it provides that any securities or other property loaned to the\\nbroker or dealer pursuant to its provisions may be used and dealt with\\nby the broker or dealer as part of his capital and shall be subject to\\nthe risks of the business;\\n (7) the term \"customer\" shall mean every person except the broker or\\ndealer; provided, however, that partners who maintain \"accounts of\\npartners\" as herein defined shall not be deemed to be customers insofar\\nas such accounts are concerned.\\n 2. Every broker-dealer shall file, as required by the\\nattorney-general, a financial statement setting forth its assets,\\nliabilities and net worth as computed in subdivision one above.\\n 3. The provisions of this section shall not be applicable to issuers\\nof their own securities who are deemed to be broker-dealers solely for\\nsuch reason or to banks, private banks, trust companies or other\\norganizations engaged in a banking business and in the conduct of such\\nbanking business are subject to examination, supervision and control of\\nthe banking authorities of any state or of the United States or any\\ninsular possession thereof.\\n 4. Upon a showing by the attorney-general that a broker-dealer has\\nfailed to maintain a net capital as hereinbefore prescribed, the supreme\\ncourt after a hearing may issue an injunction in the form and manner\\nprovided for in subdivision one of section three hundred fifty-three of\\nthis article in the case of one who actually has or is engaged in any\\nfraudulent practice, for such period of time during which such\\nbroker-dealer shall not have and maintain such minimum net capital. The\\nfailure, without reasonable cause therefor, of a broker-dealer to file\\nfinancial statements as may be required by the attorney-general, shall\\nbe prima facie proof that such broker-dealer has failed to maintain the\\nminimum net capital required hereunder and an injunction may issue from\\nthe supreme court as hereinbefore set forth without any further showing\\nby the attorney-general.\\n 5. The attorney-general may from time to time in the public interest\\nmake, amend and rescind such rules, regulations and forms as are\\nnecessary to carry out the provisions of this section, including rules,\\nregulations and forms governing financial statements and filings\\nthereof. For the purpose of such rules, regulations and forms, the\\nattorney-general may classify securities, persons and matters within his\\njurisdiction and may prescribe different forms and requirements for\\ndifferent classes.\\n 6. Any false statement of a material fact contained in any such\\nfinancial statement, in any certificate attached thereto or any papers\\nsubmitted in connection therewith shall constitute a violation of this\\nsection within the meaning of section three hundred fifty-nine-g of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "352-L", "title" : "Cooperative corporations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-L", "activeDate" : "2014-09-22", "sequenceNo" : 531, "repealedDate" : null, "fromSection" : "352-L", "toSection" : "352-L", "text" : " § 352-l. Cooperative corporations. 1. For the purposes of this\\nsection, \"non-occupying owner\" shall mean the owner of shares in a\\ncooperative corporation who does not occupy the dwelling units to which\\nhis or her shares are allocated.\\n 2. If a non-occupying owner rents any dwelling unit to a tenant and\\nthen fails to make payments due for maintenance, assessments or late\\nfees for such unit within sixty days of the expiration of any grace\\nperiod after they are due, upon notice in accordance with subdivision\\nthree of this section, all rental payments from the tenant shall be\\ndirectly payable to the cooperative corporation.\\n 3. If the maintenance, assessments or late fees due for any unit have\\nnot been paid in full within sixty days after the expiration of any\\ngrace period of the earliest due date, the board of directors shall\\nprovide written notice to the rental tenant and the non-occupying owner\\nproviding that, commencing immediately and until such time as all\\npayments for maintenance, assessments or late fees are made current, all\\nrental payments due subsequent to the issuance of such notice are to be\\nmade payable to the cooperative corporation at the address listed on the\\nnotice. Where a majority of the board of directors has been elected by\\nand from among the owners who are in occupancy, the board may elect not\\nto require that rental payments be made payable to the cooperative\\ncorporation. At such time as payments for maintenance, assessments and\\nlate fees from the non-occupying owner are once again current, notice of\\nsuch fact shall be given within three business days to the rental tenant\\nand non-occupying owner. Thereafter all rental payments for such unit\\nshall be made payable to the non-occupying owner or to a designated\\nagent. A non-occupying owner who disputes the cooperative corporation's\\nclaim to rental payments pursuant to this section shall be entitled to\\npresent facts supporting such owner's position at the next scheduled\\nmeeting of the board of directors, which must be held within thirty days\\nof the date that such board receives notice that such owner seeks to\\ndispute such claim.\\n 4. Nothing in this section shall limit any rights of shareholders or\\nof the board of directors existing under any other law or agreement.\\n 5. Payment by a rental tenant to the cooperative corporation made in\\nconnection with this section shall relieve that rental tenant from the\\nobligation to pay such rent to the non-occupying owner and shall be an\\nabsolute defense in any non-payment proceeding commenced by such\\nnon-occupying owner against such tenant for such rent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "353", "title" : "Action by attorney-general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "353", "activeDate" : "2014-09-22", "sequenceNo" : 532, "repealedDate" : null, "fromSection" : "353", "toSection" : "353", "text" : " § 353. Action by attorney-general. 1. Whenever the attorney-general\\nshall believe from evidence satisfactory to him that any person,\\npartnership, corporation, company, trust or association has engaged in,\\nis engaged or is about to engage in any of the practices or transactions\\nheretofore referred to as and declared to be fraudulent practices, he\\nmay bring an action in the name and on behalf of the people of the state\\nof New York against such person, partnership, corporation, company,\\ntrust or association, and any other person or persons theretofore\\nconcerned in or in any way participating in or about to participate in\\nsuch fraudulent practices, to enjoin such person, partnership,\\ncorporation, company, trust or association and such other person or\\npersons from continuing such fraudulent practices or engaging therein or\\ndoing any act or acts in furtherance thereof or, if the attorney-general\\nshould believe from such evidence that such person, partnership,\\ncorporation, company, trust or association actually has or is engaged in\\nany such fraudulent practice, he may include in such action an\\napplication to enjoin permanently such person, partnership, corporation,\\ncompany, trust or association, and such other person or persons as may\\nhave been or may be concerned with or in any way participating in such\\nfraudulent practice, from selling or offering for sale to the public\\nwithin this state, as principal, broker or agent, or otherwise, any\\nsecurities issued or to be issued. In said action an order or a judgment\\nmay be entered awarding the relief applied for or so much thereof as the\\ncourt may deem proper. Upon a showing by the attorney-general in his\\napplication for a permanent injunction hereunder that the defendant\\nnamed in the action or an officer thereof has refused to be sworn or to\\nbe examined or to answer a material question or to produce a book or\\npaper relevant to the inquiry when duly ordered so to do by the officer\\nor judge duly conducting an inquiry into the subject matter forming the\\nbasis of the application for such injunction, such refusal shall be\\nprima facie proof that such defendant is or has been engaged in\\nfraudulent practices as set forth in such application and a permanent\\ninjunction may issue from the supreme court without any further showing\\nby the attorney-general. In such an action, the court may award to the\\nplaintiff a sum not in excess of two thousand dollars as an additional\\nallowance.\\n 2. Upon a showing by the attorney-general in an application for an\\ninjunction that any person engaged in the purchase, sale, offer to\\npurchase or sell, issuance, exchange, promotion, negotiation,\\nadvertisement or distribution within this state of any security or\\nsecurities, either as principal, partner, officer, agent, employee or\\notherwise, has ever been convicted by a court of competent jurisdiction\\nin any state or country of any felony; or of any other criminal offense\\nby any such court, whether or not constituting a felony, involving\\nsecurities, the supreme court after a hearing may issue a permanent\\ninjunction awarding the relief applied for, or so much thereof as the\\ncourt may deem proper, against such person shown to have been so\\nconvicted, in the form and manner provided for in subdivision one of\\nthis section in case of one who actually has or is engaged in any\\nfraudulent practice.\\n 3. Upon a showing by the attorney general that a fraudulent practice\\nas defined by this article has occurred, he may include in an action\\nunder this article an application to direct restitution of any moneys or\\nproperty obtained directly or indirectly by any such fraudulent\\npractice.\\n 4. Notwithstanding any law to the contrary, all monies recovered or\\nobtained under this article by a state agency or state official or\\nemployee acting in their official capacity shall be subject to\\nsubdivision eleven of section four of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "353-A", "title" : "Receivers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "353-A", "activeDate" : "2014-09-22", "sequenceNo" : 533, "repealedDate" : null, "fromSection" : "353-A", "toSection" : "353-A", "text" : " § 353-a. Receivers. In any action brought by the attorney-general as\\nprovided in this article, the court at any stage of the proceedings may\\nappoint a receiver of any and all property derived by the defendant or\\ndefendants or any of them by means of any such fraudulent practices,\\nincluding also all property with which such property has been mingled if\\nsuch property can not be identified in kind because of such commingling,\\ntogether with any or all books of account and papers relating to the\\nsame. The judgment entered in such action may provide that such receiver\\nshall take title to any or all such property and books of account and\\npapers relating to the same and liquidate such property or any part\\nthereof for the benefit of all persons intervening in the said action\\nand establishing an interest in such property. The judgment may also\\nprovide that all such property, the title to or interest in which has\\nnot been established in such action by intervenors or otherwise by due\\nprocess to be in a person or persons other than defendant or defendants,\\nshall be returned to the defendant or defendants as their interest may\\nappear. Such receiver shall be subject to all the duties of receivers\\nappointed in a civil action as far as practicable except that such\\nprovisions relating to commissions or compensation of receivers shall\\nnot be applicable to receivers appointed pursuant to this section, but\\nsuch commissions or compensation shall be fixed by the court in any\\namount which it may determine to be just and equitable. In any action\\nbrought by the attorney-general as provided in this article the court\\nmay grant such other and further relief as may be proper.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "354", "title" : "Examination of witnesses and preliminary injunction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "354", "activeDate" : "2014-09-22", "sequenceNo" : 534, "repealedDate" : null, "fromSection" : "354", "toSection" : "354", "text" : " § 354. Examination of witnesses and preliminary injunction. Whenever\\nthe attorney-general has determined to commence an action under this\\narticle, he may present to any justice of the supreme court, before\\nbeginning such action, an application in writing for an order directing\\nthe person or persons mentioned in the application to appear before the\\njustice of the supreme court or referee designated in such order and\\nanswer such questions as may be put to them or to any of them, or to\\nproduce such papers, documents and books concerning the alleged\\nfraudulent practices to which the action which he has determined to\\nbring relates, and it shall be the duty of the justice of the supreme\\ncourt to whom such application for the order is made to grant such\\napplication. The application for such order made by the attorney-general\\nmay simply show upon his information and belief that the testimony of\\nsuch person or persons is material and necessary. The provisions of the\\ncivil practice law and rules, relating to an application for an order\\nfor the examination of witnesses before the commencement of an action\\nand the method of proceeding on such examination, shall not apply except\\nas herein prescribed. The order shall be granted by the justice of the\\nsupreme court to whom the application has been made with such\\npreliminary injunction or stay as may appear to such justice to be\\nproper and expedient and shall specify the time when and place where the\\nwitnesses are required to appear. The justice or referee may adjourn\\nsuch examination from time to time and witnesses must attend\\naccordingly. The testimony of each witness must be subscribed by him and\\nall must be filed in the office of the clerk of the county in which such\\norder for examination is filed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "355", "title" : "Procedure on hearing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "355", "activeDate" : "2014-09-22", "sequenceNo" : 535, "repealedDate" : null, "fromSection" : "355", "toSection" : "355", "text" : " § 355. Procedure on hearing. The order for such examination must be\\nsigned by the justice making it and service of a copy thereof with an\\nendorsement by the attorney-general signed by him or his deputy, to the\\neffect that the person named therein is required to appear and be\\nexamined at the time and place and before the justice or referee\\nspecified in such endorsement, shall be sufficient notice for the\\nattendance of witnesses. Such endorsement may contain a clause requiring\\nsuch person to produce at such examination all books, papers and\\ndocuments in his possession or under his control relating to the subject\\nof such examination. The order shall be served upon the person named in\\nthe endorsement aforesaid by delivering to and leaving with him a\\ncertified copy thereof, endorsed as above provided, subject to the\\npayment of witness fees and mileage as and when provided to be paid by\\nsection three hundred fifty-two, subdivision three of this article in\\nconnection with attendance pursuant to subpoenas authorized to be issued\\nunder said action. Service of an order pursuant to section three hundred\\nfifty-four of this article may be made under section three hundred\\nfifty-two-b of this article in cases falling thereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "356", "title" : "Powers of referee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "356", "activeDate" : "2014-09-22", "sequenceNo" : 536, "repealedDate" : null, "fromSection" : "356", "toSection" : "356", "text" : " § 356. Powers of referee. The referee appointed as provided in this\\narticle possesses all the powers and is subject to all the duties of a\\nreferee appointed in a civil action, so far as practicable, and may\\npunish for contempt a witness duly served with the papers as prescribed\\nin this article for non-attendance or refusal to be sworn or to testify\\nor to produce books, papers and documents according to the direction of\\nthe endorsement aforesaid, in the same manner and to the same extent as\\na referee to hear, try and determine an issue of fact or of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "357", "title" : "Application of provisions of civil practice law and rules", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "357", "activeDate" : "2014-09-22", "sequenceNo" : 537, "repealedDate" : null, "fromSection" : "357", "toSection" : "357", "text" : " § 357. Application of provisions of civil practice law and rules. The\\nprovisions of the civil practice law and rules shall apply to all\\nactions brought under this article except as herein otherwise provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "358", "title" : "Criminal prosecution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "358", "activeDate" : "2014-09-22", "sequenceNo" : 538, "repealedDate" : null, "fromSection" : "358", "toSection" : "358", "text" : " § 358. Criminal prosecution. The attorney-general may prosecute every\\nperson charged with the commission of a criminal offense in violation of\\nthe laws of this state, applicable to or in respect of the practices or\\ntransactions which in this article are referred to as fraudulent\\npractices. In all such proceedings, the attorney-general may appear in\\nperson or by his deputy before any court of record or any grand jury and\\nexercise all the powers and perform all the duties in respect of such\\nactions or proceedings which the district attorney would otherwise be\\nauthorized or required to exercise or perform; or the attorney-general\\nmay in his discretion transmit evidence, proof and information as to\\nsuch offense to the district attorney of the county or counties in which\\nthe alleged violation has occurred, and every district attorney to whom\\nsuch evidence, proof and information is so transmitted shall forthwith\\nproceed to prosecute any corporation, company, association, or officer,\\nmanager or agent thereof, or any firm or person charged with such\\nviolation. In any such proceeding, wherein the attorney-general has\\nappeared either in person or by deputy, the district attorney shall only\\nexercise such powers and perform such duties as are required of him by\\nthe attorney-general or the deputy attorney-general so appearing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359", "title" : "Immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359", "activeDate" : "2014-09-22", "sequenceNo" : 539, "repealedDate" : null, "fromSection" : "359", "toSection" : "359", "text" : " § 359. Immunity. Upon any investigation before the attorney-general or\\nhis deputy or other officer designated by him, or in any criminal\\nproceeding before any court or grand jury, pursuant to or for a\\nviolation of any of the provisions of this article, the\\nattorney-general, his deputy or other officer designated by him, or the\\ncourt or grand jury, may confer immunity in accordance with the\\nprovisions of section 50.20 or 190.40 of the criminal procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-A", "title" : "Appointment of deputies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-A", "activeDate" : "2014-09-22", "sequenceNo" : 540, "repealedDate" : null, "fromSection" : "359-A", "toSection" : "359-A", "text" : " § 359-a. Appointment of deputies. For the purposes of this article,\\nthe attorney-general may in his discretion, and without civil service\\nexamination, appoint and employ, and at pleasure remove, such deputies,\\nofficers and other persons as he deems necessary, and determine their\\nduties and fix their compensation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-B", "title" : "Effect of unconstitutionality of part of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-B", "activeDate" : "2014-09-22", "sequenceNo" : 541, "repealedDate" : null, "fromSection" : "359-B", "toSection" : "359-B", "text" : " § 359-b. Effect of unconstitutionality of part of article. Should any\\nsection or provision of this article be declared unconstitutional, by\\nthe decision of any court, such decision shall affect the section or\\nprovision so declared unconstitutional and shall not affect any other\\nsection or provision of the article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-C", "title" : "Publication of state notices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-C", "activeDate" : "2014-09-22", "sequenceNo" : 542, "repealedDate" : null, "fromSection" : "359-C", "toSection" : "359-C", "text" : " § 359-c. Publication of state notices. 1. Every state notice filed in\\nthe department of state pursuant to this article shall be published by\\nsuch department in the next issue of the state bulletin following the\\nreceipt thereof, except that a notice received by the department less\\nthan five days before the next issue may be published either in such\\nnext issue or the next issue but one, at the convenience and in the\\ndiscretion of such department.\\n 2. The department of state shall collect a fee of seventy-five dollars\\nfor filing and publishing each state notice and each further state\\nnotice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-E", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-E", "activeDate" : "2014-09-22", "sequenceNo" : 543, "repealedDate" : null, "fromSection" : "359-E", "toSection" : "359-E", "text" : " § 359-e. Definitions. Registration requirements.\\n 1. The following terms, whenever used or referred to in this article,\\nshall have the following meaning unless a different meaning clearly\\nappears from the context:\\n (a) A \"dealer\" shall mean and include any person, firm, association or\\ncorporation engaged in the business of buying and selling securities\\nfrom or to the public within or from this state for his or its own\\naccount, through a broker or otherwise, except a bank unless such bank\\nis considered a dealer under the federal securities exchange act of\\n1934, but does not include any person, firm, association or corporation\\nin so far as he or it buys or sells securities for his or its bona fide\\ninvestment account, either individually or in some fiduciary capacity.\\nThe term \"dealer\" shall, except as otherwise provided in this article,\\nalso include a person, firm, association or corporation selling or\\noffering for sale from or to the public within or from this state\\nsecurities issued by it. No person shall be deemed to be a \"dealer\", as\\ndefined in this subdivision, or a broker, as defined in subdivision (b)\\nof this section, solely by reason of the fact that he is engaged in the\\nbusiness of (i) selling, offering for sale, purchasing or offering to\\npurchase any security or securities to, from or through any bank, dealer\\nor broker, or to or from any syndicate, corporation or group formed for\\nthe specific purpose of acquiring such securities for resale to the\\npublic directly or through other syndicates or groups, or (ii) any\\noffer, sale or distribution by an issuer of stock dividends,\\nnontransferable warrants or transferable warrants exercisable within\\nninety days of their issuance to existing stockholders, securities\\nissued upon conversion of convertible securities and exercise of\\nwarrants and securities issued as part of a recapitalization or\\nreclassification to existing stockholders of the same issuer, or (iii)\\nselling, offering for sale, purchasing or offering to purchase any\\nsecurity or securities on the floor of any securities exchange\\nregistered as a national securities exchange under the securities\\nexchange act of nineteen hundred thirty-four. No person, firm,\\nassociation or corporation shall be deemed to be a \"dealer\", as defined\\nin this subdivision, solely by reason of selling or offering for sale\\nany security or securities to any bank, corporation, savings\\ninstitution, trust company, insurance company, investment company, as\\ndefined in the federal investment company act of nineteen hundred forty,\\npension or profit-sharing trust, or other financial institution or\\ninstitutional buyer, whether the purchaser is acting for himself or\\nitself or in some fiduciary capacity, as part of a private placement of\\nsecurities.\\n (b) A \"broker\" shall mean and include any person, firm, association or\\ncorporation, other than a dealer, engaged in the business of effecting\\ntransactions in securities for the account of others within or from this\\nstate, but does not include a bank unless such bank is considered a\\nbroker under the federal securities exchange act of 1934.\\n (c) A \"salesman\" shall mean and include every person employed by a\\nbroker or dealer as said terms are defined in this section, for the\\npurpose of representing such broker or dealer in the sale or purchase of\\nsecurities to or from the public within or from this state.\\n (d) A \"principal\" shall mean and include every person or firm directly\\nor indirectly controlling any broker or dealer.\\n (e) A \"bank\" shall mean and include a state or national bank, trust\\ncompany or savings institution incorporated under the laws and subject\\nto the examination, supervision and control of any state or of the\\nUnited States or of any insular possession thereof.\\n 2. No dealer or broker shall sell or offer for sale to or purchase or\\noffer to purchase from the public within or from this state, as\\nprincipal, or broker, any securities issued or to be issued unless and\\nuntil a notice, to be known as the \"state notice,\" containing the name,\\nbusiness or post office address of such dealer or broker and if a\\ncorporation the state or country of incorporation thereof, and if a\\npartnership the names of the partners, shall have been filed in the\\ndepartment of state. Such notice shall be in the following form:\\n STATE NOTICE\\nName(s) of dealer(s), broker(s) ........................................\\nBusiness address(es) or post office address(es) (state which)\\n.........................................................................\\nIf a corporation, the state or country in which incorporated.\\n.........................................................................\\nIf a partnership, the names of the partners ............................\\n 3. It shall be unlawful for any dealer, broker or salesman to sell or\\noffer for sale to or purchase or offer to purchase from the public\\nwithin or from this state, any securities issued or to be issued, unless\\nand until such dealer, broker or salesman shall have filed with the\\ndepartment of law a registration statement as provided herein. A real\\nestate broker or salesman licensed under article twelve-A of the real\\nproperty law who is not acting as a dealer shall be deemed to be in\\ncompliance with such registration statement filing requirements with\\nrespect to the sale of securities constituting cooperative interests in\\nreal estate, including shares of cooperative apartment corporations,\\ncommercial cooperative corporations, condominiums, and interests in\\nhomeowners associations.\\n (a) The registration statement relating to dealers and brokers, to be\\nknown as the \"broker-dealer statement\" shall contain such information\\npertaining to the business history for the last preceding five years,\\ncriminal record, and educational background of the applicant and his or\\nits partners, officers, directors or other principals thereof deemed\\npertinent by the attorney-general. The attorney-general may prescribe\\nforms for the use of such applicants.\\n (b) The registration statement relating to salesmen, to be known as\\nthe \"salesman's statement,\" shall contain such information pertaining to\\nthe business history for the last preceding five years, criminal record\\nand educational background of the applicant deemed pertinent by the\\nattorney-general. The attorney-general may prescribe forms for use of\\nsuch applicants and, as a condition of registration, shall require that\\nprior to the filing of such a registration statement any such applicant\\nshall undertake and successfully complete the uniform securities agent\\nstate law examination (\"series 63\") or the uniform combined state law\\nexamination (\"series 66\") as administered by or on behalf of the North\\nAmerican Securities Administrators Association, Inc. (NASAA) by any\\nnational securities association or national securities exchange;\\nprovided that, if an applicant registers with the attorney-general\\nsolely for the purpose of selling condominiums, shares of cooperative\\napartment corporations or commercial cooperative corporations, interests\\nin homeowners associations or interests in timeshare projects, such\\napplicant shall not be required to undertake the aforementioned\\nexamination as a condition of registration.\\n (c) The registration of brokers, dealers and salesmen shall be for\\nperiods of four years commencing on January fifth, nineteen hundred\\nsixty. Such statements for brokers, dealers or salesmen shall be filed\\nevery four years within sixty days prior to the expiration of the four\\nyear period, provided that previously filed statements shall continue to\\nbe effective for a period of ninety days following the end of the four\\nyear period. Initial statements for those having no previous filing may\\nbe made at any time and shall be effective from the date of filing for a\\nperiod of four years. All statements filed pursuant to prior provisions\\nof law shall remain in effect until January fifth, nineteen hundred\\nsixty.\\n 4. The attorney-general may by rule or order provide for the filing of\\nsupplemental statements prescribed by him which shall contain such\\ninformation as the attorney-general may deem necessary to keep\\nreasonably current the information on file.\\n 5. The department of law shall collect the following fees: (a) twelve\\nhundred dollars for each broker-dealer's statement; (b) twelve hundred\\ndollars for each broker-dealer's statement filed by a person, firm,\\nassociation or corporation selling or offering for sale from or to the\\npublic within or from this state securities issued by it for any amount\\nin excess of five hundred thousand dollars; (c) three hundred dollars\\nfor each broker-dealer's statement filed by a person, firm, association\\nor corporation selling or offering for sale from or to the public within\\nor from this state securities issued by it for any amount of five\\nhundred thousand dollars or less; (d) three hundred dollars for each\\nbroker-dealer's statement filed by a person, firm, association or\\ncorporation solely for the purpose of selling or offering for sale from\\nor to the public within or from this state securities consisting of\\ncondominiums, shares of cooperative apartment corporations or commercial\\ncooperative corporations, interests in homeowners associations or\\ninterests in timeshare projects, plus fifteen dollars for each partner,\\nofficer, director or principal of any such firm, association or\\ncorporation; (e) one hundred fifty dollars for each salesman's\\nstatement; (f) thirty dollars for each supplemental statement; (g) three\\nhundred dollars for each application granted pursuant to subdivision two\\nof section three hundred fifty-nine-f of this article; and (h) two\\nhundred twenty-five dollars for the issuance of a \"no filing required\\nletter\"; these fees shall obtain for both original statements and their\\nrenewals. No fee, however, shall be collected for filing a supplemental\\nstatement by a salesman cancelling his prior registration as such\\nsalesman.\\n Any partner, officer, director or principal who is named as such in a\\nbroker-dealer statement and who shall act as a salesman for such broker\\nor dealer, shall not be required to register as a salesman.\\n 6. Any false statement of a material fact contained in any such\\nbroker-dealer or salesman's statement or supplemental statement or in\\nany certificate attached thereto shall constitute a violation of this\\nsection within the meaning of section three hundred fifty-nine-g of this\\narticle.\\n 7. Any person, partnership, corporation, company, trust or association\\nrepresenting in any manner that the state, the department of law or any\\nofficer thereof has recommended the purchase of any stocks, bonds, or\\nother securities, in advertising or offering such stocks, bonds or other\\nsecurities for sale shall be guilty of a misdemeanor punishable as\\nprovided in subdivision two of section three hundred fifty-nine-g of\\nthis article.\\n 8. After this subdivision as hereby amended takes effect no dealer\\nshall sell or offer for sale to the public within this state as\\nprincipal or agent, any securities issued or to be issued which are not\\nexempted from the provisions of this subdivision by section three\\nhundred and fifty-nine-f hereof unless and until such dealer shall cause\\nto be filed a \"further state notice\" containing the information, other\\nthan the names of partners, required to be published by subdivision two\\nof this section, but opposite the heading \"name of dealer\", if the\\nperson or persons causing such notice to be filed are acting pursuant to\\nthe provisions of this subdivision, there shall be added either the\\nwords \"syndicate manager\" or \"syndicate managers\" as the case may be;\\nand in addition thereto and as part of each such further state notice\\nthe name of the security or securities, name, post office address and\\nstate or country of incorporation or organization of the corporation,\\nassociation, common law trust or similar organization issuing or to\\nissue the security or securities to be sold or offered for sale, in the\\nfollowing form:\\n FURTHER STATE NOTICE\\nName of security or securities .........................................\\nName of issuer of securities ...........................................\\nPost Office address of issuer of securities ............................\\nThe state or country in which organized ................................\\n Two or more dealers may jointly file such further state notice\\nrequired by this subdivision, and a dealer or exchange must file a\\nfurther state notice for each issue about to be offered which has not\\nheretofore been published by the issuer. A syndicate manager or\\nco-manager with an office in this state may file on behalf of an entire\\nsyndicate.\\n 9. A broker-dealer or salesman registration statement or any other\\ndocument is filed when it is received in the New York city office of the\\nattorney-general.\\n 10. The attorney-general may from time to time in the public interest\\nmake, amend, and rescind such forms as are necessary to carry out the\\nprovisions of this act, including forms governing registration\\nstatements and applications. For the purpose of forms, the\\nattorney-general may classify securities, persons and matters within his\\njurisdiction, and may prescribe different forms and requirements for\\ndifferent classes.\\n 11. It is unlawful for any broker or dealer to employ a salesman\\nunless the salesman is registered. The registration of a salesman is\\nsuspended during any period when he is not associated with a particular\\nbroker or dealer registered under this act or a particular issuer. When\\na salesman begins or terminates a connection with a broker or dealer, or\\nbegins or terminates those activities which make him a salesman, the\\nsalesman as well as the broker or dealer shall promptly notify the\\nattorney-general.\\n 12. All persons, including partners, officers, directors and salesmen\\nemployed by a member or a member organization of a national securities\\nexchange, a national securities association, or any other broker-dealer,\\nregistered with the federal securities exchange commission or any broker\\nor dealer required to be registered with the department of law pursuant\\nto this article except those dealers required to be registered solely by\\nreason of the fact that they are engaged in selling or offering for sale\\nsecurities issued by themselves, and any employee of a clearing\\ncorporation affiliated with any such registered national securities\\nexchange or with any national securities association registered with the\\nfederal securities exchange commission, employed on or after September\\nfirst, nineteen hundred sixty-nine, who are regularly employed within\\nthe state of New York shall, as a condition of employment, be\\nfingerprinted. Every set of fingerprints taken pursuant to this\\nsubdivision shall be promptly submitted to the attorney general for\\nappropriate processing, except that individuals fingerprinted in\\ncompliance with the rules of the securities and exchange commission need\\nnot file with the attorney general so long as records of those\\nfingerprints, as well as information received in response to their\\nfiling, are available to the attorney general for inspection. The\\ndepartment of law shall collect from a member or member organization of\\na national securities exchange, a national securities association, or\\nany registered broker-dealer as described above or a clearing\\ncorporation affiliated with any such registered national securities\\nexchange or with any such registered national securities association\\nsubmitting fingerprints to the attorney general for processing a fee in\\nthe amount prescribed therefor by the division of criminal justice\\nservices for each set of fingerprints submitted. Failure to comply with\\nthis section shall be deemed a violation of and a fraudulent practice\\nwithin the meaning of this article.\\n 12-a. Any employee of a national securities exchange or national\\nsecurities association registered with the federal securities and\\nexchange commission, and any employee of a clearing corporation or\\nsecurities information processor affiliated with any such registered\\nnational securities exchange or national securities association, and who\\nare regularly employed within the state of New York, shall, as a\\ncondition of employment, be fingerprinted. Every national securities\\nexchange, national securities association, clearing corporation or\\nsecurities information processor that is required to submit fingerprints\\npursuant to this section shall also obtain fingerprints from any\\nindividual not employed by such organization who provides services to\\nsuch organization within the state of New York provided that the\\nindividual has access to records including electronic records, as\\ndefined by section three hundred two of the state technology law, or\\nother material or secure buildings or secure property, which place the\\nsecurity of such organization at risk.\\n Every set of fingerprints taken pursuant to this subdivision shall be\\npromptly submitted to the federal bureau of investigation for the\\npurpose of a nationwide criminal history check. Such reports received\\nfrom the federal bureau of investigation shall be kept confidential,\\nalthough the contents of any such report may be disclosed to exchange\\nofficials involved in personnel and security matters, to the attorney\\ngeneral, to law enforcement authorities and to the securities and\\nexchange commission. Unless inconsistent with federal law, fingerprints\\nsupplied by such employee or employment applicant shall be returned to\\nsuch person upon termination or denial of such employment. Fingerprints\\nsupplied by such other individuals providing services shall be returned\\nupon completion of such services.\\n 12-b. Any employee of a designated contract market, as that term is\\ndefined in the Commodity Exchange Act, under the authority of the\\nfederal Commodity Futures Trading Commission, and any employee of a\\nderivatives clearing organization, as that term is defined under the\\nCommodity Exchange Act, that is affiliated with any such designated\\ncontract market, and who are regularly employed within the state of New\\nYork, shall, as a condition of employment, be fingerprinted. Every\\ndesignated contract market and derivatives clearing organization that is\\nrequired to submit fingerprints pursuant to this section shall also\\nobtain fingerprints from any individual not employed by such\\norganization who provides services to such organization within the state\\nof New York provided that the individual has access to records including\\nelectronic records, as defined by section three hundred two of the state\\ntechnology law, or other material or secure buildings or secure\\nproperty, which place the security of such organization at risk.\\n Every set of fingerprints taken pursuant to this subdivision shall be\\npromptly submitted to the federal bureau of investigation for the\\npurpose of a nationwide criminal history check. Such reports received\\nfrom the federal bureau of investigation shall be kept confidential,\\nalthough the contents of any such report may be disclosed to designated\\ncontract market or derivatives clearing organization officials involved\\nin personnel and security matters, to the attorney general, to law\\nenforcement authorities and to the Commodity Futures Trading Commission.\\nUnless inconsistent with federal law, fingerprints supplied by such\\nemployee or employment applicant shall be returned to such person upon\\ntermination or denial of such employment. Fingerprints supplied by such\\nother individuals providing services shall be returned upon completion\\nof such services.\\n 13. (a) The attorney general may by regulation, rule or order provide\\nan alternative method of registration by which any dealer, broker or\\nsalesman acting as such or as principal in more than one state or who\\nengages in multi-state securities offerings may supply the information\\notherwise required to be furnished in the state notice, registration\\nstatement, supplemental statements and further state notice mandated by\\nsubdivisions two, three, four and eight of this section. Such\\nalternative method, when complied with, shall be deemed to fulfill the\\nfiling requirements of subdivisions two, eight and nine of this section,\\nand shall be in lieu thereof. The regulation, rule or order of the\\nattorney general may also provide for alternative filing periods and\\nexpiration dates and an alternate method for the payment of fees, to be\\nknown as \"in lieu filing fees\", which shall be collected pursuant to\\nsuch regulation, rule or order of the attorney general in the same\\namounts as, and for the same information otherwise required to be\\ncollected for statements filed as specified by subdivision five of this\\nsection.\\n (b) No alternative method may be provided by the attorney general\\nwhich does not have, as its purpose, the facilitation of a central\\nregistration depository whereby brokers, dealers or salesmen can\\ncentrally or simultaneously register and pay fees for all states in\\nwhich they plan to transact business which requires registration. The\\nattorney general is hereby authorized to enter into an agreement or\\notherwise facilitate such alternative method with any national\\nsecurities association, national securities exchange, national\\nassociation of state securities administrators or similar association or\\nagents thereof to effectuate the provisions of this subdivision.\\n (c) Any false statement of a material fact contained in any substitute\\nfor a broker-dealer statement or salesman's statement or supplemental\\nstatement which is provided pursuant to the attorney general's\\nregulation, rule or order specified in paragraph (a) of this\\nsubdivision, shall constitute a violation of this section within the\\nmeaning of section three hundred fifty-nine-g of this article.\\n (d) It shall be unlawful for any dealer, broker or salesman to sell or\\noffer for sale to or purchase or offer to purchase from the public\\nwithin or from this state, any securities issued or to be issued, unless\\nand until such dealer, broker or salesman shall have complied with the\\nrequirements of either: (i) the regulation, rule or order of the\\nattorney general specified in paragraph (a) of this subdivision; or (ii)\\nthe filing of a state notice and registration statement and supplemental\\nstatements and further state notice as applicable to said dealer, broker\\nor salesman, in accordance with subdivisions two, three, four and eight\\nof this section.\\n (e) To the extent inconsistent therewith, the provisions of this\\nsubdivision shall supersede the provisions of any other subdivision of\\nthis section.\\n 14. (a) Definitions. For purposes of this subdivision the following\\ndefinitions shall apply:\\n (i) \"Commodity\" means, except as otherwise specified by the attorney\\ngeneral by rule, regulation or order, any agricultural, grain, animal,\\nchemical, metal or mineral product or byproduct, any gem or gemstone\\n(whether characterized as precious, semi-precious or otherwise), any\\nfuel (whether liquid, gaseous or otherwise), any foreign currency, and\\nany other good, article, or material.\\n (ii) \"Commodity contract\" means any account, agreement or contract for\\nthe purchase or sale of, or any option or right to purchase or sell,\\nprimarily for speculation or investment purposes and not for use or\\nconsumption by the offeree or purchaser, one or more commodities,\\nwhether for immediate or subsequent delivery or for storage and whether\\nor not delivery is intended by the parties, and whether characterized as\\na cash contract, deferred shipment or deferred delivery contract,\\nforward contract, futures contract, installment or margin contract,\\nleverage contract, option, privilege, indemnity, bid, offer, put, call,\\nadvance guaranty, decline guaranty or otherwise. Any commodity contract\\noffered for sale or sold to a person other than a producer, processor,\\nmerchant, handler, commercial user or ultimate consumer of the commodity\\nshall, in the absence of evidence to the contrary, be presumed to be\\noffered for sale or sold for speculation or investment purposes.\\n (iii) \"Commodity broker-dealer\" means any person engaged in the\\nbusiness of selling or offering to sell commodities through commodity\\ncontracts to the public within or from the state of New York.\\n (iv) \"Commodity salesperson\" means any person employed by or\\nrepresenting a commodity broker-dealer in selling or offering for sale\\ncommodities through commodity contracts to the public within or from the\\nstate of New York.\\n (v) \"Commodity investment advisor\" means any person who, for\\ncompensation, within or from the state of New York, engages in the\\nbusiness of advising members of the public, either directly or through\\npublications or writings, as to the advisability of investing in,\\npurchasing, selling or holding commodity contracts.\\n (b) Any person acting as a commodity broker-dealer, commodity\\nsalesperson or commodity investment advisor and any person who manages\\nor supervises any such broker-dealer, salesperson or investment advisor\\nshall file a registration statement with the attorney general as a\\ncommodity broker-dealer, commodity salesperson, or commodity investment\\nadvisor relating to the activity actually engaged in.\\n (c) The attorney general may adopt rules and regulations governing the\\nform and content of such registration statements for each such activity\\nwhich may include information pertaining to the business history for the\\nlast preceding five years, record of criminal convictions, litigation\\nhistory, and educational background of the registrant and the\\nregistrant's partners, officers, directors or other principals deemed\\npertinent by the attorney general and the names of persons employed as\\ncommodity salespersons or commodity investment advisors by the\\nregistrant.\\n (d) The registration statement shall be effective for a period of one\\nyear from the date of filing.\\n (e) The attorney general shall by rule or regulation provide for the\\nmethod of renewing such registration statements and may require the\\nfiling of supplemental statements which shall contain such information\\nas the attorney general may deem necessary to keep reasonably current\\nthe information on file.\\n (f) The attorney general shall collect the following annual fees: one\\nhundred dollars for each commodity broker-dealer registration statement\\nor commodity investment advisor registration statement; twenty-five\\ndollars for each commodity salesperson registration statement; and ten\\ndollars for each supplemental statement.\\n (g) The provisions of this subdivision shall not apply to (i) any\\nperson who is a member or member firm of a national securities exchange,\\nboard of trade designated as a contract market by the Commodity Futures\\nTrading Commission pursuant to the commodity exchange act, as amended,\\nthe National Association of Securities Dealers, Inc., or the National\\nFutures Association, Inc., or is an affiliate of such a member or member\\nfirm, or employed by such a member or member firm or by an affiliate of\\nsuch a member or member firm; (ii) any board of trade designated as a\\ncontract market as aforesaid; (iii) any other person registered,\\ntemporarily licensed, or exempt from registration under the commodity\\nexchange act, as amended, or the rules and regulations promulgated\\nthereunder where such registration, license or exemption relates\\ndirectly to the activity engaged in; and (iv) any bank or trust company\\nas defined in this article or any person acting as an employee of any\\nbank or trust company or any licensed money transmitter or employee\\nthereof.\\n (h) In addition to those persons exempt under paragraph (g) of this\\nsubdivision, no person shall be required to register as a commodity\\ninvestment advisor pursuant to paragraph (b) of this subdivision who is\\n(i) a lawyer, accountant, engineer, or teacher who renders investment\\nadvice solely incidental to the practice of his or her profession; (ii)\\na broker or dealer in securities or a commodity broker-dealer or a\\ncommodity salesperson who renders investment advice solely incidental to\\nthe conduct of his or her business as a broker or dealer in securities\\nor a commodity broker-dealer or a commodity salesperson respectively,\\nand who receives no special compensation for such advice; (iii) a\\npublisher of, editor of, or writer for a bona fide newspaper or news\\nmagazine, whether published in print or by electronic means; or (iv) a\\nperson who during the course of the preceding twelve months has not\\nadvised more than fifteen persons as to the advisability of investing\\nin, purchasing, selling or holding commodity contracts and who does not\\nhold himself out generally to the public as engaging in any of the\\nactivities set forth in subparagraph (iii), (iv) or (v) of paragraph (a)\\nof this subdivision.\\n (i) The provisions of this subdivision shall not apply to any contract\\nor transaction involving the sale of commodities by the owner or lessee\\nof real property upon which such commodities are grown or raised, the\\nsale of items by art dealers or licensed auctioneers at public auction\\nor the sale or resale by a distributor or wholesaler of goods for\\nconsumption by the public.\\n (j) Any person required to be registered by this subdivision who is\\nnot registered shall be guilty of a misdemeanor punishable as provided\\nin the penal law.\\n (k) Any person who engages in a business requiring registration under\\nthis article and who knowingly employs two or more persons for the\\npurpose of engaging in conduct requiring registration as a commodity\\nbroker-dealer, commodity salesperson or commodity investment advisor\\nunder this article with the knowledge that they are not so registered\\nshall be guilty of a class E felony.\\n (l) A violation of this subdivision shall constitute a fraudulent\\npractice as that term is used in this article.\\n (m) If any provision of this subdivision or the application thereof to\\nany persons or circumstances is held invalid, the validity of the\\nremainder of this subdivision or of the application of such provision to\\nother persons and circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-EE", "title" : "Report of existence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-EE", "activeDate" : "2014-09-22", "sequenceNo" : 544, "repealedDate" : null, "fromSection" : "359-EE", "toSection" : "359-EE", "text" : " § 359-ee. Report of existence. 1. Every person, partnership,\\ncorporation, company, trust or association which caused to be filed in\\nthe department of law a \"dealer's statement\" on or before June\\nthirtieth, nineteen hundred fifty-three, shall on or before February\\nfirst, nineteen hundred fifty-nine, file in the department of law a\\ncertificate which shall be entitled and endorsed, \"Certificate of Report\\nof Existence of............................(state name of dealer),\\npursuant to section three hundred fifty-nine-ee, of the general business\\nlaw\" and shall state: (a) The name of the dealer, and if it was changed,\\nthe name under which last registered. (b) The date of the last filing of\\nthe dealer's statement in the department of law. (c) That its existence\\nis hereby continued. Such certificate shall be signed and certified by\\nthe dealer or any principal officer thereof.\\n 2. On or before January first, nineteen hundred fifty-nine, notice of\\nthe enactment of this section shall be given by the attorney-general to\\neach dealer to which this section applies by mailing a copy of such\\nnotice to said dealer directed to said dealer at the address stated in\\nthe \"dealer's statement\" filed by said dealer in the department of law\\nand then on file there. A copy of this section shall be endorsed or\\nannexed to each such notice.\\n 3. On March fifteenth, nineteen hundred fifty-nine, the\\nattorney-general shall make a list containing the names of all such\\ndealers, who have not filed the certificate of report of existence\\nrequired by subdivision one of this section.\\n 4. The attorney-general shall make a proclamation under his hand and\\nseal of office as to the dealers whose names are included in such list,\\ndeclaring the \"dealers' statements\" theretofore filed by such dealers as\\nvoid pursuant to the provisions of this section. He shall file the\\noriginal proclamation in his office and shall publish a copy thereof in\\nthe April or May issue of the state bulletin in the year nineteen\\nhundred fifty-nine.\\n 5. Upon the publication of such proclamation in the manner aforesaid,\\nthe \"dealer's statement\" of each dealer named therein shall be deemed\\nvoid as of May thirty-first, nineteen hundred fifty-nine, without\\nfurther proceedings, except as otherwise provided in subdivision six of\\nthis section.\\n 6. After this section takes effect, no dealer whose statement has been\\nvoided by subdivision five of this section shall sell or offer for sale\\nto the public within this state, as principal, broker or agent, or\\notherwise, any securities issued or to be issued, unless and until such\\ndealer shall have caused to be filed in the department of law a new\\n\"dealer's statement\" as required by section three hundred fifty-nine-e\\nof this article.\\n 7. After this section takes effect, no dealer whose statement has been\\nvoided by subdivision five of this section shall sell or offer for sale\\nto the public within this state, as principal, broker or agent, or\\notherwise, any securities issued or to be issued, unless and until such\\ndealer shall have caused to be filed in the department of state a new\\n\"state notice\" as required by section three hundred fifty-nine-e of this\\narticle, and, as to any securities which are not exempted from the\\nprovisions of subdivision eight of section three hundred fifty-nine-e of\\nthis article by section three hundred fifty-nine-f hereof, until and\\nunless such dealer shall have caused to be filed in the department of\\nstate a further \"state notice\" as required by such section three hundred\\nfifty-nine-e.\\n 8. The fee of the attorney-general for filing a certificate under\\nsubdivisions one or six of this section shall be five dollars, and the\\nfee of the department of state for filing any notice under subdivision\\nseven of this section shall be two dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-EEE", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-EEE", "activeDate" : "2014-09-22", "sequenceNo" : 545, "repealedDate" : null, "fromSection" : "359-EEE", "toSection" : "359-EEE", "text" : " § 359-eee. Definitions. Registration requirements for investment\\nadvisers. 1. The following terms, whenever used or referred to in this\\narticle, shall have the following meaning unless a different meaning\\nclearly appears from the context:\\n (a) \"Investment adviser\" shall mean any person who, for compensation,\\nengages in the business of advising members of the public, either\\ndirectly or through publications or writings within or from the state of\\nNew York, as to the value of securities or as to the advisability of\\ninvesting in, purchasing, or selling or holding securities, or who, for\\ncompensation and as a part of a regular business issues or promulgates\\nanalyses or reports concerning securities to members of the public\\nwithin or from the state of New York. \"Investment adviser\" shall not\\ninclude:\\n (1) A bank or trust company unless it is considered an investment\\nadviser under the federal investment advisers act of 1940;\\n (2) A lawyer, accountant, engineer or teacher whose performance of\\nthese services is solely incidental to the practice of this profession;\\n (3) A broker or dealer whose performance of these services is solely\\nincidental to the conduct of his business as broker or dealer and who\\nreceives no special compensation for them;\\n (4) A publisher of any bona fide newspaper or news magazine;\\n (5) A person who sold, during the preceding twelve month period,\\ninvestment advisory services to fewer than six persons residing in this\\nstate, exclusive of financial institutions and institutional buyers as\\nmay be defined by rule or regulation of the attorney general;\\n (6) A federally covered investment adviser;\\n (7) A person who would otherwise be required or permitted to register\\nwith the federal securities and exchange commission as an investment\\nadviser were it not for the exemption from registration under section\\n203(b)(3) of the federal Investment Advisers Act of 1940. For purposes\\nof this exemption, the provisions of Rule 203(b)(3)-1 thereunder shall\\napply; and\\n (8) Such other person as may be excluded from the definition of\\ninvestment adviser or federally covered investment adviser or exempted\\nfrom the provisions of subdivision two of this section by rules or\\nregulations prescribed by the attorney general.\\n (b) A \"person\" under this section shall mean a natural person,\\ncorporation, company, partnership, trust or association.\\n (c) \"Federally covered investment adviser\" shall mean a person who is\\nregistered under section 203 of the federal investment advisers act of\\n1940, 15 U.S.C. § 80b et seq. Such term shall not include any person who\\nis excluded from the term \"investment adviser\" pursuant to subparagraphs\\none through five, seven, and eight of paragraph (a) of this subdivision.\\n 2. (a) It shall be unlawful for any investment adviser, as defined in\\nthis section, to engage as such within or from the state of New York\\nunless and until such person shall have filed with the department of law\\na registration statement as provided herein.\\n (b) The attorney general may prescribe an alternative filing method\\nthat facilitates a central registration depository whereby investment\\nadvisers or federally covered investment advisers can centrally or\\nsimultaneously register or submit a notice filing, as applicable, and\\npay fees for all states in which they plan to transact business which\\nrequire registration or notice filings. The attorney general is hereby\\nauthorized to enter into an agreement or otherwise facilitate such\\nalternative method with any national securities association, national\\nsecurities exchange, national association of state securities\\nadministrators or similar association or agents thereof to effectuate\\nthe provisions of this subdivision.\\n 3. A registration statement relating to persons who must register\\nunder this section, to be known as the \"investment adviser statement\"\\nshall contain such information pertaining to the business history for\\nthe last preceding five years, criminal record, educational background\\nof the applicant and his or its partners, officers, directors or other\\nprincipals thereof deemed pertinent by the attorney general. The\\nattorney general may prescribe forms for the use of such applicants and,\\nas a condition of registration, may by rule or regulation prescribe that\\nall applicants or any class of applicants, as well as any persons who\\nrepresent or will represent an investment adviser in doing any of the\\nacts that make such person an investment adviser, shall undertake and\\nsuccessfully complete examination requirements. The attorney general may\\nby rule or regulation dispense with the requirement of the above\\ninformation from persons already filed as brokers or dealers under this\\narticle who constitute investment advisers under this section. The\\nattorney general may by rule or regulation designate other\\nqualifications and credentials that will be accepted in lieu of meeting\\nthe examination requirement.\\n 4. (a) The registration or notice filing of persons required to file\\nunder this section shall be for a period of one year, commencing on\\nJanuary first, two thousand three, provided that registrations in effect\\nprior to such date shall be deemed effective until such date. Renewal\\nstatements shall be filed within sixty days prior to each following\\nJanuary first. Initial filings may be made after January first of any\\nyear by any person whose activities require registration under this\\nsection, but such filing must be made within ten days prior to engaging\\nin such activities.\\n (b) A federally covered investment adviser shall file with the\\nattorney general, prior to acting as a federally covered investment\\nadviser in this state, such documents as have been filed with the\\nsecurities and exchange commission as the attorney general, by rule or\\nregulation, prescribes.\\n 5. The attorney general by rule or order may provide for the filing of\\nprescribed updates and amendments which shall contain such information\\nas the attorney general may deem necessary to keep reasonably current\\nthe information on file.\\n 6. The attorney general may from time to time in the public interest\\nmake, amend and rescind such rules, regulations and forms as are\\nnecessary to carry out the provisions of this section, including rules,\\nregulations and forms governing registration statements and\\napplications. For the purpose of such rules, regulations and forms, the\\nattorney general may classify securities, persons and matters within his\\njurisdiction and may prescribe different forms and requirements for\\ndifferent classes.\\n 7. The department of law shall collect the following fees: two hundred\\ndollars for initial and renewal investment advisory statements submitted\\nby investment advisers and federally covered investment advisers.\\n 8. All investment advisers as defined herein and all brokers or\\ndealers in securities (except those brokers or dealers whose performance\\nof investment advisory services is solely incidental to the conduct of\\ntheir business as brokers or dealers and who receive no special\\ncompensation for such services) shall file with the department of law of\\nthe state of New York at its New York city offices on the date of issue\\nor publication to the investing public one copy of any prospectus,\\npamphlet, circular, form letter or other sales literature addressed or\\nintended for general distribution to clients or prospective clients of\\nan investment adviser and one copy of any advertisement offering\\ninvestment advisory services to such clients or prospective clients. The\\nattorney general shall be empowered to destroy all literature and\\ndocuments submitted under this subdivision.\\n 9. (a) Every person required to register under this section shall\\nannually file such financial or other reports as the attorney general by\\nrule or regulation prescribes.\\n (b) Except as prohibited by federal law, the attorney general may by\\nrule or regulation require investment advisers as defined herein:\\n (1) To satisfy specified minimum financial responsibility\\nrequirements;\\n (2) To file with the attorney general specified financial and other\\ninformation;\\n (3) To make and maintain specified records and to preserve such\\nrecords for five years or such other period as may be specified.\\n 10. If the information contained in any registration statement filed\\nwith the attorney general under this article becomes inaccurate or\\nincomplete in any material respect, the registrant shall promptly file\\nwith the department of law updates and amendments. The attorney general\\nmay prescribe by regulations the circumstances under which the updates\\nand amendments are to be filed pursuant to this section and provide\\nforms therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-F", "title" : "Exemptions from certain provisions of section three hundred fifty-nine-e", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-F", "activeDate" : "2014-09-22", "sequenceNo" : 546, "repealedDate" : null, "fromSection" : "359-F", "toSection" : "359-F", "text" : " § 359-f. Exemptions from certain provisions of section three hundred\\nfifty-nine-e. 1. The provisions of subdivision eight of section three\\nhundred and fifty-nine-e shall not apply to any transactions relating to\\nthe sale or offering for sale of any of the following described\\nsecurities by a dealer therein:\\n (a) Any security issued, or guaranteed by the United States or any\\nterritory or insular possession thereof, or by the District of Columbia,\\nor by any state or political subdivision or agency thereof.\\n (b) Any security issued or guaranteed by the Dominion of Canada or by\\nany foreign government with which the United States is at the time of\\nthe sale or offer for sale thereof maintaining diplomatic relations, or\\nby any province or political subdivision thereof.\\n (c) Any security issued by a national bank or by any federal land bank\\nor joint-stock land bank or national farm loan association under the\\nprovisions of the federal farm loan act of July seventeenth, nineteen\\nhundred and sixteen, or by any corporation created or acting as an\\ninstrumentality of the government of the United States pursuant to\\nauthority granted by the congress of the United States.\\n (d) Any securities issued or guaranteed by a public service or utility\\ncorporation, including a railroad corporation, provided such corporation\\nis subject to regulation or supervision either as to its rates and\\ncharges or as to the issue of its own securities by a public commission,\\nboard or officer of the government of the United States, or of any\\nterritory, or insular possession thereof, or of any state or\\nmunicipality or other political subdivision thereof, or of the Dominion\\nof Canada, or any province thereof; also equipment and trust\\ncertificates or equipment notes or bonds based on chattel mortgages,\\nleases, or agreements for conditional sale of cars, motive power, or\\nother rolling stock mortgaged, leased or sold to or furnished for the\\nuse of or upon such a railroad or other public-service utility\\ncorporation, or equipment trust certificates, or equipment notes or\\nbonds where the ownership or title of such equipment is pledged or\\nretained in accordance with the provisions of the laws of the United\\nStates, or of any state, territory or insular possession thereof, or of\\nthe District of Columbia, or of the Dominion of Canada, or of any\\nprovince thereof, to secure the payment of such equipment trust\\ncertificates, bonds or notes.\\n (e) Any security issued by a corporation organized exclusively for\\neducational, benevolent, fraternal, or reformatory purposes, and not for\\npecuniary profit.\\n (f) Any capital stock issued by a state bank, trust company or saving\\ninstitution incorporated under the laws of and subject to the\\nexamination, supervision and control of any state or of the United\\nStates or of any insular possession thereof.\\n (g) Any security which under the laws of this state is a legal\\ninvestment for savings banks or trust funds, and any securities which\\nare underwritten or sold by any corporation under the supervision of the\\nsuperintendent of financial services of the state of New York.\\n (h) Any security, other than common stock, outstanding for a period of\\nnot less than five years, upon which no default exists in the payment of\\nprincipal or interest and upon which no such default has occurred for a\\ncontinuous immediately preceding period of five years, or in the case of\\npreferred stock upon which dividends specified in the certificates of\\nsuch stock have been paid for a continuous immediately preceding period\\nof five years.\\n (i) Negotiable promissory notes, drafts, and commercial paper provided\\nthat such issue of notes, drafts and commercial paper mature in not more\\nthan twelve months from date of issue and shall be issued within three\\nmonths after the date of sale.\\n (j) Any bond and mortgage sold or offered for sale in an undivided\\nwhole.\\n (k) Securities which on January first, nineteen hundred and\\ntwenty-five, have been fully listed upon any exchange, located in the\\nstate of New York, which on said date was organized and in operation,\\nany securities senior thereto and additional amounts of all such\\nsecurities which thereafter become so listed so long as the same shall\\nremain so listed. Securities which shall become fully listed upon any\\nsuch exchange subsequent to said January first, nineteen hundred and\\ntwenty-five, shall not be exempted as herein provided unless and until\\nsuch exchange shall cause to be duly published pursuant hereto in the\\nstate paper as defined herein, a notice which shall contain the name of\\nthe corporation, association, common law trust or similar organization\\nissuing the securities so listed, the business or post office address\\nthereof, the state or country where incorporated or organized, the date\\nof such listing and a brief description of the securities so listed.\\nAfter such publication of said notice as aforesaid, securities so listed\\nsubsequent to January first, nineteen hundred and twenty-five, any\\nsecurities senior thereto and additional amounts of all such securities\\nwhich thereafter become so listed, shall be exempted hereunder so long\\nas the same shall remain so listed.\\n (l) Securities sold or offered for sale at any judicial, executor's,\\nadministrator's, guardian's, or conservator's sale, or any sale by a\\nreceiver or trustee in insolvency or bankruptcy, or at a public sale by\\nauction held at an advertised time and place.\\n (m) Sales by or for the account of a pledgee or mortgagee selling or\\noffering for sale or delivery, in the ordinary course of business, to\\nliquidate a bona fide debt, a security pledged in good faith as security\\nfor such debt.\\n (n) Negotiable documents of title, foreign currency orders and calls\\nor options therefor.\\n 2. The attorney general may upon application, in writing, grant\\nexemptions from the provisions of section three hundred fifty-nine-e,\\nsubdivisions two, three, four, five and six to any person, partnership,\\ncorporation, company, trust or association which is a dealer as defined\\nin section three hundred and fifty-nine-e, solely by reason of the fact\\nthat it is offering to sell or selling or offering to purchase or\\npurchasing to or from the public, within or from this state any one or\\nmore of the securities which are specified in any one or more of the\\nfollowing paragraphs of this subdivision two of section three hundred\\nfifty-nine-f:\\n (a) Securities of a corporation which has been in existence for a\\nperiod of not less than ten years or which is a consolidation, merger,\\nor successor of one or more corporations which has been in existence for\\na period of not less than ten years, and which have not defaulted in the\\npayment of principal or interest on any of its obligations for a\\ncontinuous immediately preceding period of ten years, and in the case of\\npreferred stock, upon which dividends specified in the certificates of\\nsuch stock have been paid for a continuous immediately preceding period\\nof six years, and in the case of common stock, upon which dividends have\\nbeen paid annually for a continuous immediately preceding period of six\\nyears at the rate of not less than three per cent of the book value of\\nsuch common stock as shown by its balance sheet at the date of the close\\nof the fiscal year in which such dividends were paid, as certified by an\\nindependent certified public accountant.\\n (b) Securities which are fully listed on any securities exchange\\nlocated in this state so long as the same shall remain so listed, and\\nany securities senior thereto and additional amounts of any such\\nsecurities which are so listed or which it is planned, at the time of\\nthe offering thereof, to list.\\n (c) All securities which are mentioned in section three hundred\\nfifty-nine-f, subdivision one, with the exception of such securities as\\nare specified in subdivisions h and k thereof.\\n (d) Securities which are to be sold in a limited offering to not more\\nthan forty persons; but the attorney-general may grant an exemption for\\nofferings made to more than forty persons when he deems such an\\nexemption within the purposes of this subdivision.\\n (e) Securities issued in connection with an employees' stock purchase,\\nsavings, pension, profit-sharing, or similar benefit plan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-FF", "title" : "Registration of intra-state offerings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-FF", "activeDate" : "2014-09-22", "sequenceNo" : 547, "repealedDate" : null, "fromSection" : "359-FF", "toSection" : "359-FF", "text" : " § 359-ff. Registration of intra-state offerings. 1. It is unlawful for\\nany person, directly or indirectly, to offer or sell any security which\\nis part of an issue offered and sold only to persons resident within\\nthis state unless an offering prospectus which makes full and fair\\ndisclosure of all material facts is first filed by the issuer of such\\nsecurity with the department of law. Such offering prospectus shall\\ninclude, without limitation, a description of the securities offered and\\nterms of the offering, the nature of the issuer's business, the purpose\\nof the offering and the application of the proceeds thereof by the\\nissuer, background of management, and pending material litigation. Such\\noffering prospectus shall also include (i) the issuer's profit and loss\\nstatements for its three fiscal years (or such lesser number of fiscal\\nyears during which the issuer has been in existence) immediately\\npreceding the date of filing, (ii) if such latest fiscal year ended more\\nthan one hundred twenty days prior to the date of filing, a profit and\\nloss statement for a period from the end of such latest fiscal year to a\\ndate within one hundred twenty days prior to the date of filing, and\\n(iii) the issuer's balance sheet as of the end of the last such fiscal\\nyear and as of the end of such additional period, if any, for which a\\nprofit and loss statement has been filed, all of which profit and loss\\nstatements and balance sheets shall be prepared in accordance with\\ngenerally accepted accounting principles. Such offering prospectus shall\\nbe lawful for use in connection with the offer and sale of such\\nsecurities from and after the fifteenth day following such filing unless\\nprior thereto the attorney general shall notify the person making such\\nfiling by letter indicating the respects in which the offering\\nprospectus fails to make adequate disclosure. No offer or sale of any\\nsuch security shall be made by any person unless prior to or at the time\\nthereof there shall have been delivered to the purchaser an offering\\nprospectus lawful for use under the provisions of this section.\\n 2. The attorney general is hereby authorized and empowered to adopt\\nsuitable rules and regulations to carry out the provisions of this\\nsection, including regulations applicable to the method, contents and\\nfiling procedures with respect to the prospectus required by subdivision\\none and the making of amendments thereto, and the use of advertising\\nmaterial.\\n The attorney general is also hereby authorized and empowered to adopt\\nsuitable rules and regulations requiring the issuer of any security sold\\npursuant to an offering prospectus under this section to maintain\\naccurate books and records of account and to furnish to investors and to\\nthe department of law annual reports containing financial statements\\nprepared in accordance with generally accepted accounting principles;\\nprovided, however, that no such rules and regulations shall apply to any\\nissuer required to file reports pursuant to section 13 or 15 of the\\nsecurities exchange act of 1934, as amended.\\n 3. The attorney general is hereby authorized and empowered to exempt\\nby rule, regulation or order any person, security or transaction or any\\nclass or classes of persons, securities or transactions from any\\nprovision of this section or of any rule or regulation thereunder if the\\nattorney general finds that such action is not inconsistent with the\\npublic interest or the protection of investors.\\n 4. A \"person\" shall mean an individual person, firm, corporation,\\npartnership, limited partnership, trust, syndicate or association, but\\nshall not include a bank as defined in this article.\\n 5. This section shall not be applicable to offerings or sales of\\nsecurities (a) with respect to which offerings a registration statement\\nhas been filed, and with respect to which sales a registration statement\\nhas become effective, with the United States securities and exchange\\ncommission pursuant to the securities act of 1933, as amended; (b) with\\nrespect to which a registration statement is not required to be filed\\nunder said act or the rules and regulations thereunder for reasons other\\nthan the exemption contained in section 3 (a) (11) of said act; (c) of\\nan issuer any class of whose securities are registered under the\\nsecurities exchange act of 1934, as amended; (d) subject to the\\nprovisions of section three hundred fifty-two-e or article twenty-six-A\\nof the general business law; (e) described in section three hundred\\nfifty-nine-f, subdivision l, paragraphs (d), (l) and (m) of the general\\nbusiness law; or (f) which constitutes an insurance or endowment policy\\nor annuity contract or interest or participation therein, whether\\npayable in fixed or variable dollar amounts or both, issued by an\\ninstitution subject to the supervision of the superintendent of\\nfinancial services of this state.\\n 6. A non-returnable fee of one-half of one percent of the maximum\\naggregate offering price at which the total of all securities to be\\noffered pursuant to an offering prospectus filed under subdivision one\\nhereof shall be payable to the department of law at the time of each\\nfiling, but the fee shall in no case be less than twenty-five dollars or\\nmore than fifteen hundred dollars.\\n 7. The provisions of the following sections of this article\\ntwenty-three-A shall be fully applicable to intrastate offerings\\ndescribed in subdivision one of this section; section three hundred\\nfifty-two; section three hundred fifty-two-b; section three hundred\\nfifty-two-c; section three hundred fifty-two-d; sections three hundred\\nfifty-four through three hundred fifty-nine-b; section three hundred\\nfifty-nine-e; subdivision two of section three hundred fifty-nine-f and\\nsections three hundred fifty-nine-g and three hundred fifty-nine-h.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-FFF", "title" : "Chain distributor schemes prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-FFF", "activeDate" : "2014-09-22", "sequenceNo" : 548, "repealedDate" : null, "fromSection" : "359-FFF", "toSection" : "359-FFF", "text" : " § 359-fff. Chain distributor schemes prohibited. 1. It shall be\\nillegal and prohibited for any person, partnership, corporation, trust\\nor association, or any agent or employee thereof, to promote, offer or\\ngrant participation in a chain distributor scheme.\\n 2. As used herein a \"chain distributor scheme\" is a sales device\\nwhereby a person, upon condition that he make an investment, is granted\\na license or right to solicit or recruit for profit or economic gain one\\nor more additional persons who are also granted such license or right\\nupon condition of making an investment and may further perpetuate the\\nchain of persons who are granted such license or right upon such\\ncondition. A limitation as to the number of persons who may participate,\\nor the presence of additional conditions affecting eligibility for such\\nlicense or right to recruit or solicit or the receipt of profits\\ntherefrom, does not change the identity of the scheme as a chain\\ndistributor scheme. As used herein, \"investment\" means any acquisition,\\nfor a consideration other than personal services, of property, tangible\\nor intangible, and includes without limitation, franchises, business\\nopportunities and services, and any other means, medium, form or channel\\nfor the transferring of funds, whether or not related to the production\\nor distribution of goods or services. It does not include sales\\ndemonstration equipment and materials furnished at cost for use in\\nmaking sales and not for resale.\\n 3. A chain distributor scheme shall constitute a security within the\\nmeaning of this article and shall be subject to all of the provisions of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-G", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-G", "activeDate" : "2014-09-22", "sequenceNo" : 549, "repealedDate" : null, "fromSection" : "359-G", "toSection" : "359-G", "text" : " § 359-g. Violations and penalties. 1. (a) Any person, partnership,\\ncorporation, company, trust or association having been served with an\\norder issued pursuant to the provisions of section three hundred and\\nfifty-four staying or enjoining any practices or transactions, or with\\nany order or with a final judgement in an action brought by the\\nattorney-general, as in this article provided, staying or enjoining any\\npractices or transactions, and any person, partnership, corporation,\\ncompany, trust or association having knowledge of the issuance of any\\nsuch order or judgment who, while such order or judgment is in effect,\\nshall disobey the same, shall be deemed in contempt of court and shall\\nbe guilty of a misdemeanor and in addition for every violation or\\nattempted violation of such order or such judgment shall be liable to a\\ncivil penalty of three thousand dollars, recoverable in an action\\nbrought by and in the name of the people of the state of New York. Such\\npenalty shall be cumulative and more than one penalty shall be\\nrecoverable in the same action in any court of competent jurisdiction.\\nAny person, partnership, corporation, company, trust or association who\\nhas previously been convicted of a violation of this article, or who has\\nbeen previously convicted within the five years immediately preceding,\\nof any crime in this state, or any offense without the jurisdiction of\\nthis state for which a sentence to a term of imprisonment in excess of\\none year was authorized, and which crime or offense involved the\\nissuance, distribution, exchange, sale, negotiation or purchase of\\nsecurities or commodities, by fraud, deception, concealment,\\nsuppression, false pretense, false promise, theft or fictitious purchase\\nor sale, or who has been previously found in contempt of court hereunder\\nunder this article and who subsequently violates the provisions of this\\nsection or any other provision of this article shall be guilty of a\\nClass E felony.\\n (b) For purposes of this section the term \"security\" shall be as\\ndefined in this article or in section two of the United States\\nSecurities Exchange Act of 1934, 15 U.S.C. § 78c and the term\\n\"commodity\" shall be as defined in this article or in section two of the\\nUnited States Commodities Exchange Act, 7 U.S.C. § 2.\\n (c) An appeal from an order or judgment entered under the provisions\\nof this article shall not operate as a stay of proceedings to enforce\\nsuch order or judgment, or suspend the injunction thereby granted unless\\na justice of the supreme court, assigned to the appellate division to\\nwhich such appeal is taken, shall, upon notice to the attorney-general,\\nmake an order granting such stay or suspending such injunction upon such\\nterms as he deems proper.\\n 2. Any person, partnership, corporation, company, trust or association\\nviolating any of the provisions of this article shall be guilty of a\\nmisdemeanor, except where otherwise provided herein, punishable by a\\nfine of not more than five hundred dollars, or imprisonment for not more\\nthan one year or both.\\n 3. Modification or dissolution of a permanent injunction. Any person\\nagainst whom an injunction has been granted under the provisions of this\\narticle may apply to the supreme court at any time after five years from\\nthe date such permanent injunction became effective, upon at least sixty\\ndays notice to the attorney-general, for an order dissolving such\\ninjunction or modifying the same upon such terms and conditions as the\\ncourt deems necessary or desirable. Such application for dissolution or\\nmodification of such injunction shall contain a recitation of the facts\\nand circumstances which caused the granting of the injunction; the\\noccupation and employment of the person making the application and his\\nfinancial remuneration therefrom since the time the injunction was\\ngranted; his net worth at the time of the application and the source\\nthereof, together with any other facts bearing upon the reasonableness\\nof the application and the character of the applicant, as may enable the\\ncourt to issue an order that will properly dispose of such application\\nin the interests of justice. A copy of such application, together with\\ncopies of any other papers in support thereof, shall be served upon the\\nattorney-general at least sixty days prior to the return date thereof.\\nIn addition thereto the applicant shall file with the court a good and\\nsufficient surety bond in the sum of one thousand dollars guaranteeing\\nthat he will pay all costs and expenses of an investigation by the\\nattorney-general of such applicant and the statements and claims alleged\\nin the application together with any further investigation which the\\nattorney-general may deem necessary or desirable to determine whether he\\nshould consent to the application, oppose the same, or make such other\\nrecommendations to the court as in his opinion are desirable to be\\nincluded in any modification of such injunction. Should it appear in the\\ncourse of such investigation by the attorney-general that said sum is\\nnot sufficient, the attorney-general may apply to the court by usual\\nnotice of motion or order to show cause for an increase in the amount of\\nsecurity or further surety bond necessary to fully pay all of the costs\\nof the investigation and the court may require such further bond as the\\nsituation requires to fully pay the costs and expenses of the\\ninvestigation. Upon the completion of such investigation, the\\nattorney-general may file an answer to such application setting forth\\nsuch facts as are pertinent to the determination by the court of the\\nmatter before it and whether said injunction should be dissolved,\\nmodified or continued in whole or in part and what conditions, if any,\\nshall be attached to any dissolution or modification of said injunction.\\nAfter a hearing upon such application and after any further\\ninvestigation, proof or testimony which the court may desire has been\\noffered, or at any adjourned dates thereof, the court may make a final\\norder dissolving the permanent injunction or modifying the same upon\\nsuch terms and conditions as in its opinion are just and desirable, or\\nin its discretion, may deny the application. Such order shall contain a\\ndirection that the applicant pay to the attorney-general the costs and\\nexpenses of the investigation in connection with the proceeding, and any\\njudgment entered thereon may be enforced directly against the surety on\\nthe bond. The court shall grant no temporary or other relief from the\\ninjunction in force pending a final determination of such application.\\nNo application under this subdivision shall be entertained: (a) where\\nthe injunction was granted as an incident to a crime of which the\\napplicant had been or was later convicted, nor (b) in any case where the\\napplicant has been convicted of a felony or a crime that would be a\\nfelony if committed in the state of New York since the issuance of the\\ninjunction or (c) convicted at any time of any crime involving stocks,\\nbonds, investments, securities, or like instruments, which are the\\nsubject matter of this article. Nor shall anything contained in this\\nsubdivision be construed to deny to or interfere with the power of the\\nattorney-general to bring any other action or proceeding, civil or\\ncriminal, against the applicant at any time.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-H", "title" : "Destruction of certain records, books and other data by the attorney-general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-H", "activeDate" : "2014-09-22", "sequenceNo" : 550, "repealedDate" : null, "fromSection" : "359-H", "toSection" : "359-H", "text" : " § 359-h. Destruction of certain records, books and other data by the\\nattorney-general. Any and all books, registers, cards, indices, office\\nrecords and other documentary evidence seized and held by the department\\nof law under a subpoena or order of the court in proceedings commenced\\nunder article twenty-three-a of the general business law, may be\\ndestroyed after a period of six years from the date of closing said case\\non its office records, when no proceeding shall have been instituted to\\ncompel the return of such records by the defendants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 35 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A23-B", "title" : "Transactions With or By Fiduciaries", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "23-B", "activeDate" : "2014-09-22", "sequenceNo" : 551, "repealedDate" : null, "fromSection" : "359-I", "toSection" : "359-L", "text" : " ARTICLE 23-B\\n TRANSACTIONS WITH OR BY FIDUCIARIES\\nSection 359-i. Definitions.\\n 359-l. Deposit of moneys by fiduciary.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-I", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-I", "activeDate" : "2014-09-22", "sequenceNo" : 552, "repealedDate" : null, "fromSection" : "359-I", "toSection" : "359-I", "text" : " § 359-i. Definitions. 1. In this article unless the context or subject\\nmatter otherwise requires:\\n \"Bank\" includes any person or association of persons, whether\\nincorporated or not, carrying on the business of banking.\\n \"Fiduciary\" includes a trustee under any trust, expressed, implied,\\nresulting or constructive, executor, administrator, guardian,\\nconservator, curator, committee, receiver, trustee in bankruptcy,\\nassignee for the benefit of creditors, partner, agent, officer of a\\ncorporation, public or private, public officer, or any other person\\nacting in a fiduciary capacity for any person, trust or estate.\\n \"Person\" includes a corporation, partnership, or other association, or\\ntwo or more persons having a joint or common interest.\\n \"Principal\" includes any person to whom a fiduciary as such owes an\\nobligation.\\n 2. An act is done \"in good faith\" when it is done in fact honestly,\\nwhether it be done negligently or not.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "359-L", "title" : "Deposit of moneys by fiduciary", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "359-L", "activeDate" : "2014-09-22", "sequenceNo" : 553, "repealedDate" : null, "fromSection" : "359-L", "toSection" : "359-L", "text" : " § 359-l. Deposit of moneys by fiduciary. If a fiduciary makes a\\ndeposit in a bank to his personal credit of checks drawn by him upon an\\naccount against which he is empowered to sign as a fiduciary, or of\\nchecks drawn by him upon an account in the name of his principal if he\\nis empowered to draw checks thereon, the bank receiving such deposit may\\nassume, if acting in good faith and without actual knowledge to the\\ncontrary, that the funds so deposited by the fiduciary are funds to\\nwhich the fiduciary is personally entitled. Nothing contained in this\\nsection shall be deemed to modify or otherwise affect any provision of\\nsection ninety-five of the negotiable instruments law, nor to relieve\\nsuch bank from any liability imposed upon it by law to the extent of any\\npayment or amount which such bank may receive for its benefit from any\\nwithdrawal or application of such funds so deposited.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A24", "title" : "Trademarks", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24", "activeDate" : "2014-09-22", "sequenceNo" : 554, "repealedDate" : null, "fromSection" : "360", "toSection" : "360-R", "text" : " ARTICLE 24\\n TRADEMARKS\\nSection 360. Definitions.\\n 360-a. Registrability.\\n 360-b. Application for registration.\\n 360-c. Filing of applications.\\n 360-d. Certificate of registration.\\n 360-e. Duration and renewal.\\n 360-f. Assignments, changes of name and other instruments.\\n 360-g. Records.\\n 360-h. Cancellation.\\n 360-i. Classification.\\n 360-j. Fraudulent registration.\\n 360-k. Infringement.\\n 360-l. Injury to business reputation; dilution.\\n 360-m. Remedies.\\n 360-n. Forum for actions regarding registration; service on out\\n of state registrants.\\n 360-o. Common law rights.\\n 360-p. Fees.\\n 360-q. Rules and regulations.\\n 360-r. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360", "activeDate" : "2014-09-22", "sequenceNo" : 555, "repealedDate" : null, "fromSection" : "360", "toSection" : "360", "text" : " § 360. Definitions. (a) The term \"trademark\" as used herein means any\\nword, name, symbol, or device or any combination thereof used by a\\nperson to identify and distinguish the goods of such person, including a\\nunique product, from those manufactured and sold by others, and to\\nindicate the source of the goods, even if that source is unknown.\\n (b) The term \"service mark\" as used herein means any word, name,\\nsymbol, or device or any combination thereof used by a person to\\nidentify and distinguish the services of one person, including a unique\\nservice, from the services of others, and to indicate the source of the\\nservices, even if that source is unknown. Titles, character names used\\nby a person, and other distinctive features of radio or television\\nprograms may be registered as service marks notwithstanding that they,\\nor the programs, may advertise the goods of the sponsor.\\n (c) The term \"mark\" as used herein includes any trademark or service\\nmark, entitled to registration under this article whether registered or\\nnot.\\n (d) The term \"trade name\" means any name used by a person to identify\\na business or vocation of such person.\\n (e) The term \"person\" and any other word or term used to designate the\\napplicant or other party entitled to a benefit or privilege or rendered\\nliable under the provisions of this article includes a juristic person\\nas well as a natural person. The term \"juristic person\" includes a firm,\\npartnership, corporation, union, association, or other organization\\ncapable of suing and being sued in a court of law.\\n (f) The term \"applicant\" as used herein embraces the person filing an\\napplication for registration of a mark under this article, and the legal\\nrepresentatives, successors, or assigns of such person.\\n (g) The term \"registrant\" as used herein embraces the person to whom\\nthe registration of a mark under this article is issued, and the legal\\nrepresentatives, successors, or assigns of such person.\\n (h) The term \"use\" means the bona fide use of a mark in the ordinary\\ncourse of trade, and not made merely to reserve a right in a mark. For\\nthe purposes of this article, a mark shall be deemed to be in use (1) on\\ngoods when it is placed in any manner on the goods or other containers\\nor the displays associated therewith or on the tags or labels affixed\\nthereto, or if the nature of the goods makes such placement\\nimpracticable, then on documents associated with the goods or their\\nsale, and the goods are sold or transported in commerce in this state,\\nand (2) on services when it is used or displayed in the sale or\\nadvertising of services and the services are rendered in this state.\\n (i) A mark shall be deemed to be \"abandoned\" when either of the\\nfollowing occurs:\\n (1) When its use has been discontinued with intent not to resume such\\nuse. Intent not to resume may be inferred from circumstances. Nonuse\\nfor two consecutive years shall constitute prima facie evidence of\\nabandonment.\\n (2) When any course of conduct of the owner, including acts of\\nomission as well as commission, causes the mark to lose its significance\\nas a mark.\\n (j) The term \"secretary\" as used herein means the secretary of the\\nstate or the designee of the secretary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-A", "title" : "Registrability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-A", "activeDate" : "2014-09-22", "sequenceNo" : 556, "repealedDate" : null, "fromSection" : "360-A", "toSection" : "360-A", "text" : " § 360-a. Registrability. A mark by which the goods or services of any\\napplicant for registration may be distinguished from the goods or\\nservices of others shall not be registered if it:\\n (a) consists of or comprises immoral, deceptive or scandalous matter;\\nor\\n (b) consists of or comprises matter which may disparage or falsely\\nsuggest a connection with persons, living or dead, institutions,\\nbeliefs, or national symbols, or bring them into contempt, or disrepute;\\nor\\n (c) consists of or comprises the flag or coat of arms or other\\ninsignia of the United States, or of any state or municipality, or of\\nany foreign nation, or any simulation thereof; or\\n (d) consists of or comprises the name, signature or portrait\\nidentifying a particular living individual, except by the individual's\\nwritten consent; or\\n (e) consists of a mark which, (1) when used on or in connection with\\nthe goods or services of the applicant, is merely descriptive or\\ndeceptively misdescriptive of them, or (2) when used on or in connection\\nwith the goods or services of the applicant is primarily geographically\\ndescriptive or deceptively misdescriptive of them, or (3) is primarily\\nmerely a surname, provided, however, that nothing in this subdivision\\nshall prevent the registration of a mark used by the applicant which has\\nbecome distinctive of the applicant's goods or services. The secretary\\nmay accept as evidence that the mark has become distinctive, as used on\\nor in connection with the applicant's goods or services, proof of\\ncontinuous use thereof as a mark by, the applicant in this state for the\\nfive years before the date on which the claim of distinctiveness is\\nmade; or\\n (f) consists of or comprises a mark which so resembles a mark\\nregistered in this state or a mark or trade name previously used by\\nanother and not abandoned, as to be likely, when used on or in\\nconnection with the goods or services of the applicant, to cause\\nconfusion or mistake or to deceive.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-B", "title" : "Application for registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-B", "activeDate" : "2014-09-22", "sequenceNo" : 557, "repealedDate" : null, "fromSection" : "360-B", "toSection" : "360-B", "text" : " § 360-b. Application for registration. Subject to the limitations set\\nforth in this article, any person who uses a mark may file in the office\\nof the secretary, in a manner complying with the requirements of the\\nsecretary, an application for registration of that mark setting forth,\\nbut not limited to, the following information:\\n (a) the name and business address of the person applying for such\\nregistration; and, if a corporation, the state of incorporation, or if a\\npartnership, the state in which the partnership is organized and the\\nnames of the general partners, as specified by the secretary,\\n (b) the goods or services on or in connection with which the mark is\\nused and the mode or manner in which the mark is used on or in\\nconnection with such goods or services and the class in which such goods\\nor services fall,\\n (c) the date when the mark was first used anywhere and the date when\\nit was first used in this state by the applicant or a predecessor in\\ninterest, and\\n (d) a statement that the applicant is the owner of the mark, that the\\nmark is in use, and that, to the knowledge of the person verifying the\\napplication, no other person has registered, either federally or in this\\nstate, or has the right to use such mark either in the identical form\\nthereof or in such near resemblance thereto as to be likely, when\\napplied to the goods or services of such other person, to cause\\nconfusion, or to cause mistake, or to deceive.\\n The secretary may also require a statement as to whether an\\napplication to register the mark, or portions or a composite thereof,\\nhas been filed by the applicant or a predecessor in interest in the\\nUnited States Patent and Trademark Office; and, if so, the applicant\\nshall provide full particulars with respect thereto including the filing\\ndate and serial number of each application, the status thereof and, if\\nany application was finally refused registration or has otherwise not\\nresulted in a registration, the reasons therefor.\\n The secretary may also require that a drawing of the mark, complying\\nwith such requirements as the secretary may specify, accompany the\\napplication.\\n The application shall be signed and verified by oath, affirmation or\\ndeclaration subject to perjury laws by the applicant or by a member of\\nthe firm or an officer of the corporation or association applying.\\n The application shall be accompanied by three specimens showing the\\nmark as actually used.\\n The application shall be accompanied by the application fee payable to\\nthe secretary of state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-C", "title" : "Filing of applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-C", "activeDate" : "2014-09-22", "sequenceNo" : 558, "repealedDate" : null, "fromSection" : "360-C", "toSection" : "360-C", "text" : " § 360-c. Filing of applications. (a) Upon the filing of an application\\nfor registration and payment of the application fee, the secretary may\\ncause the application to be examined for conformity with this article.\\n (b) The applicant shall provide any additional pertinent information\\nrequested by the secretary including a description of a design mark and\\nmay make, or authorize the secretary to make, such amendments to the\\napplication as may be reasonably requested by the secretary or deemed by\\nthe applicant to be advisable to respond to any rejection or objection.\\n (c) The secretary may require the applicant to disclaim an\\nunregistrable component of a mark otherwise registrable, and an\\napplicant may voluntarily disclaim a component of a mark sought to be\\nregistered. No disclaimer shall prejudice or affect the applicant's or\\nregistrant's rights then existing or thereafter arising in the\\ndisclaimed matter, or the applicant's or registrant's rights of\\nregistration on another application if the disclaimed matter be or shall\\nhave become distinctive of the applicant's or registrant's goods or\\nservices.\\n (d) Amendments may be made by the secretary upon the application\\nsubmitted by the applicant upon applicant's agreement; or a fresh\\napplication may be required to be submitted.\\n (e) If the applicant is found not to be entitled to registration, the\\nsecretary shall advise the applicant thereof and of the reasons\\ntherefor. The applicant shall have a reasonable period of time specified\\nby the secretary in which to reply or to amend the application, in which\\nevent the application shall then be reexamined. This procedure may be\\nrepeated until (1) the secretary finally refuses registration of the\\nmark or (2) the applicant fails to reply or amend within the specified\\nperiod, whereupon the application shall be deemed to have been\\nabandoned.\\n (f) If the secretary finally refuses registration of the mark, the\\napplicant may commence a proceeding pursuant to article seventy-eight of\\nthe civil practice law and rules for an order to compel such\\nregistration. Such writ may be granted, but without costs to the\\nsecretary, on proof that all the statements in the application are true\\nand that the mark is otherwise entitled to registration.\\n (g) In the instance of applications concurrently being processed by\\nthe secretary seeking registration of the same or confusingly similar\\nmarks for the same or related goods or services, the secretary shall\\ngrant priority to the applications in order of filing. If a prior-filed\\napplication is granted a registration, the other application or\\napplications shall then be rejected. Any rejected applicant may bring an\\naction for cancellation of the registration upon grounds of prior or\\nsuperior rights to the mark, in accordance with the provisions of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-D", "title" : "Certificate of registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-D", "activeDate" : "2014-09-22", "sequenceNo" : 559, "repealedDate" : null, "fromSection" : "360-D", "toSection" : "360-D", "text" : " § 360-d. Certificate of registration. Upon compliance by the applicant\\nwith the requirements of this article, the secretary shall cause a\\ncertificate of registration to be issued and delivered to the applicant.\\nThe certificate of registration shall be issued under the signature of\\nthe secretary and the seal of the state, and it shall show the name and\\nbusiness address and, if a corporation, the state of incorporation, or\\nif a partnership, the state in which the partnership is organized and\\nthe names of the general partners, as specified by the secretary, of the\\nperson claiming ownership of the mark, the date claimed for the first\\nuse of the mark anywhere and the date claimed for the first use of the\\nmark in this state, the class of goods or services and a description of\\nthe goods or services on or in connection with which the mark is used, a\\nreproduction of the mark, the registration date and the term of the\\nregistration. Any certificate of registration issued by the secretary\\nunder the provisions hereof or a copy thereof duly certified by the\\nsecretary shall be admissible in evidence as competent and sufficient\\nproof of the registration of such mark in any actions or judicial\\nproceedings in any court of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-E", "title" : "Duration and renewal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-E", "activeDate" : "2014-09-22", "sequenceNo" : 560, "repealedDate" : null, "fromSection" : "360-E", "toSection" : "360-E", "text" : " § 360-e. Duration and renewal. A registration of mark hereunder shall\\nbe effective for a term of ten years from the date of registration and,\\nupon application filed within six months prior to the expiration of such\\nterm, in a manner complying with the requirements of the secretary, the\\nregistration may be renewed for a like term from the end of the expiring\\nterm. A renewal fee, payable to the secretary, shall accompany the\\napplication for renewal of the registration. A registration may be\\nrenewed for successive periods of ten years in like manner. Any\\nregistration in force on the date on which this article shall become\\neffective shall continue in full force and effect for the unexpired term\\nthereof and may be renewed by filing an application for renewal with the\\nsecretary complying with the requirements of the secretary and paying\\nthe aforementioned renewal fee therefor within six months prior to the\\nexpiration of the registration. All applications for renewal under this\\narticle, whether of registrations made under this article or of\\nregistrations effected under any prior law, shall include a verified\\nstatement that the mark has been and is still in use and include a\\nspecimen showing actual use of the mark on or in connection with the\\ngoods or services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-F", "title" : "Assignments, changes of name and other instruments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-F", "activeDate" : "2014-09-22", "sequenceNo" : 561, "repealedDate" : null, "fromSection" : "360-F", "toSection" : "360-F", "text" : " § 360-f. Assignments, changes of name and other instruments. (a) Any\\nmark and its registration hereunder shall be assignable with the good\\nwill of the business in which the mark is used, or with that part of the\\ngood will of the business connected with the use of and symbolized by\\nthe mark. Assignment shall be by instruments in writing duly executed\\nand may be recorded with the secretary upon the payment of the recording\\nfee payable to the secretary who, upon recording of the assignment,\\nshall issue in the name of the assignee a new certificate for the\\nremainder of the term of the registration or of the last renewal\\nthereof. An assignment of any registration under this article shall be\\nvoid as against any subsequent purchaser for valuable consideration\\nwithout notice, unless it is recorded with the secretary within three\\nmonths after the date thereof or prior to such subsequent purchase.\\n (b) Any registrant or applicant effecting a change of the name of the\\nperson to whom the mark was issued or for whom an application was filed\\nmay record a certificate of change of name of the registrant or\\napplicant with the secretary upon the payment of the recording fee. The\\nsecretary may issue in the name of the assignee a certificate of\\nregistration of an assigned application. The secretary may issue in the\\nname of the assignee, a new certificate or registration for the\\nremainder of the term of the registration or last renewal thereof.\\n (c) Other instruments which relate to a mark registered or application\\npending pursuant to this article, such as, by way of example, licenses,\\nsecurity interests or mortgages, may be recorded in the discretion of\\nthe secretary, provided that such instrument is in writing and duly\\nexecuted.\\n (d) Acknowledgement shall be prima facie evidence of the execution of\\nan assignment or other instrument and, when recorded by the secretary,\\nthe record shall be prima facie evidence of execution.\\n (e) A photocopy of any instrument referred to in subdivision (a), (b)\\nor (c) of this section, shall be accepted for recording if it is\\ncertified by any of the parties thereto, or their successors, to be a\\ntrue and correct copy of the original.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-G", "title" : "Records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-G", "activeDate" : "2014-09-22", "sequenceNo" : 562, "repealedDate" : null, "fromSection" : "360-G", "toSection" : "360-G", "text" : " § 360-g. Records. The secretary shall keep for public examination a\\nrecord of all marks registered or renewed under this article, as well as\\na record of all documents recorded pursuant to section three hundred\\nsixty-f of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-H", "title" : "Cancellation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-H", "activeDate" : "2014-09-22", "sequenceNo" : 563, "repealedDate" : null, "fromSection" : "360-H", "toSection" : "360-H", "text" : " § 360-h. Cancellation. The secretary shall cancel from the register,\\nin whole or in part:\\n (a) any registration concerning which the secretary shall receive a\\nvoluntary request for cancellation thereof from the registrant or the\\nassignee of record;\\n (b) all registrations granted under this article and not renewed in\\naccordance with the provisions hereof;\\n (c) any registration concerning which a court of competent\\njurisdiction shall find:\\n (1) that the registered mark has been abandoned,\\n (2) that the registrant is not the owner of the mark,\\n (3) that the registration was granted improperly,\\n (4) that the registration was obtained fraudulently,\\n (5) that the mark is or has become the generic name for the goods or\\nservices, or a portion thereof, for which it has been registered,\\n (6) that the registered mark is so similar, as to be likely to cause\\nconfusion or mistake or to deceive, to a mark registered by another\\nperson in the United States Patent and Trademark Office prior to the\\ndate of the filing of the application for registration by the registrant\\nhereunder, and not abandoned; provided, however, that, should the\\nregistrant prove that the registrant is the owner of a concurrent\\nregistration of a mark in the United States Patent and Trademark Office\\ncovering an area including this state, the registration hereunder shall\\nnot be cancelled for such area of the state, or\\n (d) when a court of competent jurisdiction shall order cancellation of\\na registration on any ground.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-I", "title" : "Classification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-I", "activeDate" : "2014-09-22", "sequenceNo" : 564, "repealedDate" : null, "fromSection" : "360-I", "toSection" : "360-I", "text" : " § 360-i. Classification. The secretary shall by regulation establish a\\nclassification of goods and services for convenience of administration\\nof this article, but not to limit or extend the applicant's or\\nregistrant's rights, and a single application for registration of a mark\\nmay include any or all goods upon which, or services with which, the\\nmark is actually being used indicating the appropriate class or classes\\nof goods or services. When a single application includes goods or\\nservices which fall within multiple classes, the secretary may require\\npayment of a fee for each class. To the extent practical, the\\nclassification of goods and services should conform to the\\nclassification adopted by the United States Patent and Trademark Office.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-J", "title" : "Fraudulent registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-J", "activeDate" : "2014-09-22", "sequenceNo" : 565, "repealedDate" : null, "fromSection" : "360-J", "toSection" : "360-J", "text" : " § 360-j. Fraudulent registration. Any person who shall for himself or\\nherself, or on behalf of any other person, procure the filing or\\nregistration of any mark in the office of the secretary under the\\nprovisions hereof, by knowingly making any false or fraudulent\\nrepresentation or declaration, orally or in writing, or by any other\\nfraudulent means, shall be liable to pay all damages sustained in\\nconsequence of such filing or registration, to be recovered by or on\\nbehalf of the party injured thereby in any court of competent\\njurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-K", "title" : "Infringement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-K", "activeDate" : "2014-09-22", "sequenceNo" : 566, "repealedDate" : null, "fromSection" : "360-K", "toSection" : "360-K", "text" : " § 360-k. Infringement. Subject to the provisions of this section, any\\nperson who shall:\\n (a) use, without the consent of the registrant, any reproduction,\\ncounterfeit, copy, or colorable imitation of a mark registered under\\nthis article in connection with the sale, distribution, offering for\\nsale, or advertising of any goods or services on or in connection with\\nwhich such use is likely to cause confusion or mistake or to deceive as\\nto the source of origin of such goods or services; or\\n (b) reproduce, counterfeit, copy or colorably imitate any such mark\\nand apply such reproduction, counterfeit, copy or colorable imitation to\\nlabels, signs, prints, packages, wrappers, receptacles, or\\nadvertisements intended to be used upon or in connection with the sale\\nor other distribution in this state of such goods or services; shall be\\nliable in a civil action by the registrant for any and all of the\\nremedies provided in section three hundred sixty-l of this article,\\nexcept that under this subdivision the registrant shall not be entitled\\nto recover profits or damages unless the acts have been committed with\\nthe intent to cause confusion or mistake or to deceive.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-L", "title" : "Injury to business reputation; dilution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-L", "activeDate" : "2014-09-22", "sequenceNo" : 567, "repealedDate" : null, "fromSection" : "360-L", "toSection" : "360-L", "text" : " § 360-l. Injury to business reputation; dilution. Likelihood of injury\\nto business reputation or of dilution of the distinctive quality of a\\nmark or trade name shall be a ground for injunctive relief in cases of\\ninfringement of a mark registered or not registered or in cases of\\nunfair competition, notwithstanding the absence of competition between\\nthe parties or the absence of confusion as to the source of goods or\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-M", "title" : "Remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-02-27" ], "docLevelId" : "360-M", "activeDate" : "2015-02-27", "sequenceNo" : 568, "repealedDate" : null, "fromSection" : "360-M", "toSection" : "360-M", "text" : " § 360-m. Remedies. 1. Any owner of a mark registered under this\\narticle may proceed by suit to enjoin the manufacture, use, display or\\nsale of any counterfeits or imitations thereof and any court of\\ncompetent jurisdiction may grant injunctions to restrain such\\nmanufacture, use, display or sale as may be by the said court deemed\\njust and reasonable, and may require the defendants to pay to such owner\\nall profits derived from and/or all damages suffered by reason of such\\nwrongful manufacture, use, display or sale; and such court may also\\norder that any such counterfeits or imitations in the possession or\\nunder the control of any defendant in such case be delivered to an\\nofficer of the court, or to the complainant, to be destroyed or donated.\\nThe court, in its discretion, may enter judgment for an amount not to\\nexceed three times such profits and damages and/or reasonable attorneys'\\nfees of the prevailing party in such cases where the court finds the\\nother party committed such wrongful acts with knowledge or in bad faith\\nor otherwise as according to the circumstances of this case. The\\nenumeration of any right or remedy herein shall not affect a\\nregistrant's right to prosecute under the penal law.\\n 2. If a court makes a determination that the counterfeit or imitation\\nproducts should be donated, then notice of that determination shall be\\ngiven to the lawful mark owner of the products. The notice shall state\\nthat the court intends to donate the seized products to help indigent\\nindividuals and that the donation will proceed unless the lawful mark\\nowner objects to the donation, in writing. The lawful mark owner will\\nhave thirty days to object to the court to the donation. If the lawful\\nmark owner does not object, or gives no response within that period\\ndespite having received the notice, then the court shall take that as a\\ngranting of consent by the lawful mark owner that the donation should\\nproceed.\\n 3. The counterfeit or imitation products may only be given to a\\nnot-for-profit corporation that has an established history of providing\\ngoods and services to indigent individuals. Organizations may petition\\nthe court to be considered a recipient of the counterfeit or imitation\\nproducts. The judge, in his or her sole discretion, shall determine\\nwhether an organization qualifies pursuant to this subdivision and which\\norganization shall receive the counterfeit or imitation products.\\n 4. Any counterfeit or imitation products received by an organization\\nthrough this section may not be sold by the organization, nor may any\\nperson or entity in possession of any of these products sell such\\nproducts.\\n 5. Any not-for-profit corporation that has received counterfeit or\\nimitation products through this section must have the products'\\nidentifying lawful mark tags removed or have the products marked,\\naltered, imprinted or indelibly stamped so as to prevent their resale or\\nany confusion with the actual products of the lawful mark owner. Such\\nproducts must also be inspected by the not-for-profit corporation to\\nensure that they are in a condition consistent with the federal consumer\\nsafety standards that would ordinarily apply to the sale of comparable\\nlegitimate products.\\n 6. Provided, however, that the only counterfeit or imitation products\\nthat may be donated pursuant to this section shall be clothing,\\nincluding shoes, and all other counterfeit or imitation products must be\\ndestroyed in accordance with this section or any other provision of\\napplicable law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-N", "title" : "Forum for actions regarding registration; service on out of state registrants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-N", "activeDate" : "2014-09-22", "sequenceNo" : 569, "repealedDate" : null, "fromSection" : "360-N", "toSection" : "360-N", "text" : " § 360-n. Forum for actions regarding registration; service on out of\\nstate registrants. (a) Actions to require cancellation of a mark\\nregistered pursuant to this article or in mandamus to compel\\nregistration of a mark pursuant to this article shall be brought in the\\nsupreme court. In an action in mandamus, the proceeding shall be based\\nsolely upon the record before the secretary. In an action for\\ncancellation, the secretary shall not be made a party to the proceeding\\nbut shall be notified of the filing of the complaint by the clerk of the\\ncourt in which it is filed and shall be given the right to intervene in\\nthe action.\\n (b) In any action brought against a non-resident registrant, service\\nmay be effected upon the secretary as agent for service of the\\nregistrant in accordance with the procedures established for service\\nupon non-resident corporations and business entities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-O", "title" : "Common law rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-O", "activeDate" : "2014-09-22", "sequenceNo" : 570, "repealedDate" : null, "fromSection" : "360-O", "toSection" : "360-O", "text" : " § 360-o. Common law rights. Nothing herein shall adversely affect the\\nrights or the enforcement of rights in marks acquired in good faith at\\nany time at common law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-P", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-P", "activeDate" : "2014-09-22", "sequenceNo" : 571, "repealedDate" : null, "fromSection" : "360-P", "toSection" : "360-P", "text" : " § 360-p. Fees. The application for registration or renewal shall be\\naccompanied by a filing fee or fifty dollars payable to the secretary of\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-Q", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-Q", "activeDate" : "2014-09-22", "sequenceNo" : 572, "repealedDate" : null, "fromSection" : "360-Q", "toSection" : "360-Q", "text" : " § 360-q. Rules and regulations. The secretary of state may from time\\nto time make regulations for carrying into effect the provisions of this\\narticle provided, however, that such supplementary regulations shall be\\nstrictly limited in their application to the means and methods of\\ncompliance with the provisions of this article to which such power\\nrelates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "360-R", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "360-R", "activeDate" : "2014-09-22", "sequenceNo" : 573, "repealedDate" : null, "fromSection" : "360-R", "toSection" : "360-R", "text" : " § 360-r. Severability. If any provision hereof, or the application of\\nsuch provision to any person or circumstance is held invalid, the\\nremainder of this article shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A24-A", "title" : "Fair Trade Law", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-A", "activeDate" : "2014-09-22", "sequenceNo" : 574, "repealedDate" : null, "fromSection" : "369-A", "toSection" : "369-EEE", "text" : " ARTICLE XXIV-A\\n FAIR TRADE LAW\\nSection 369-a. Price-fixing prohibited.\\n 369-b. Manufacturer's warranty and guarantee.\\n 369-c. Definitions.\\n 369-d. Effect of partial invalidity.\\n 369-e. Use of games of chance in selling commodities.\\n 369-ee. Prize award schemes.\\n 369-eee. Telecommunication-related and energy-related\\n prohibitions as to prize boxes.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-A", "title" : "Price-fixing prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-A", "activeDate" : "2014-09-22", "sequenceNo" : 575, "repealedDate" : null, "fromSection" : "369-A", "toSection" : "369-A", "text" : " § 369-a. Price-fixing prohibited. Any contract provision that purports\\nto restrain a vendee of a commodity from reselling such commodity at\\nless than the price stipulated by the vendor or producer shall not be\\nenforceable or actionable at law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-B", "title" : "Manufacturer's warranty and guarantee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-B", "activeDate" : "2014-09-22", "sequenceNo" : 576, "repealedDate" : null, "fromSection" : "369-B", "toSection" : "369-B", "text" : " § 369-b. Manufacturer's warranty and guarantee.\\n A warranty or guarantee of merchandise may not be limited by a\\nmanufacturer doing business in this state solely for the reason that\\nsuch merchandise is sold by a particular dealer or dealers, or that the\\ndealer who sold the merchandise at retail has, since the date of sale,\\neither gone out of business or no longer sells such merchandise. Any\\nattempt to limit the manufacturer's warranty or guarantee for the\\naforesaid reason is void.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-C", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-C", "activeDate" : "2014-09-22", "sequenceNo" : 577, "repealedDate" : null, "fromSection" : "369-C", "toSection" : "369-C", "text" : " § 369-c. Definitions. The following terms, as used in this article,\\nare hereby defined as follows: \"Producer\" means grower, baker, maker,\\nmanufacturer or publisher. \"Commodity\" means any subject of commerce.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-D", "title" : "Effect of partial invalidity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-D", "activeDate" : "2014-09-22", "sequenceNo" : 578, "repealedDate" : null, "fromSection" : "369-D", "toSection" : "369-D", "text" : " § 369-d. Effect of partial invalidity. If any provision of this\\narticle is declared unconstitutional it is the intent of the legislature\\nthat the remaining portions thereof shall not be affected but that such\\nremaining portions remain in full force and effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-E", "title" : "Use of games of chance in selling commodities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-E", "activeDate" : "2014-09-22", "sequenceNo" : 579, "repealedDate" : null, "fromSection" : "369-E", "toSection" : "369-E", "text" : " § 369-e. Use of games of chance in selling commodities. 1. Every\\nperson, firm or corporation proposing to engage in any game, contest or\\nother promotion or advertising scheme or plan in connection with the\\npromotion, advertising or sale of consumer products or services which\\noffers the opportunity to receive gifts, prizes or gratutities, as\\ndetermined by chance, without any consideration therefor, where the\\ntotal announced value of the prizes offered is in excess of five\\nthousand dollars shall file with the secretary of state, at least thirty\\ndays prior to the commencement of such game, contest or promotion upon a\\nform that he shall provide, a statement setting forth: the minimum\\nnumber of participating objects to be made available; the minimum number\\nof prize-winning objects that will be included in such promotion or\\nadvertising scheme or plan; the proportionate opportunity of winning\\nprizes; the minimum value of prizes to be made available; and the rules\\nand regulations pertaining to such promotion or advertising scheme or\\nplan, which shall include the period of time and the geographic area to\\nbe covered by the contest and such other information as the secretary of\\nstate may, from time to time, require. The non-refundable filing fee of\\none hundred dollars shall accompany each such statement.\\n Failure to file such statement shall be a class B misdemeanor.\\n 2. Every person, firm or corporation, engaging in any promotion or\\nadvertising game or contest of the type set forth in subdivision one of\\nthis section, shall cause to be posted in a conspicuous and prominent\\nlocation in every retail establishment offering the opportunity to\\nparticipate in such game or contest and published in all advertising\\ncopy used in connection therewith, a statement showing the minimum\\nnumber and value of prizes available to be won over a stated period of\\ntime and stated geographic area, and the rules and regulations\\npertaining to such promotion or advertising scheme or plan. Failure to\\ncause such posting and publication shall be a class B misdemeanor.\\n 3. Every person, firm or corporation who manipulates or rigs any\\npromotion or advertising scheme or plan of the type set forth in\\nsubdivision one of this section so that prize-winning objects are\\ndispersed to predetermined individuals or retail establishments shall be\\nguilty of a class B misdemeanor, provided, however, that this\\nsubdivision shall not prevent distribution of prize-winning objects of\\nequal value to retail establishments in a uniform ratio to the number of\\nparticipating objects distributed to those establishments.\\n 4. Every person, firm or corporation engaging in any promotion or\\nadvertising game or contest of the type set forth in subdivision one of\\nthis section shall establish and maintain a special trust account in a\\nbranch of a national or state chartered banking institution with a\\nbalance sufficient to pay or purchase the total value of prizes offered.\\nIn lieu of establishing such trust account, said operator may furnish a\\nbond, with sufficient sureties, in an amount equal to the total value of\\nall prizes offered; such bond shall be in favor of the people of the\\nstate of New York. A copy of a certificate of deposit indicating the\\nbalance of said trust account or a copy of the surety bond shall be\\nfiled with the office of the secretary of state simultaneously with the\\nfiling of the statement required by subdivision one hereof. The monies\\nso held in escrow or said surety bond shall at all times equal the total\\namount of prizes so offered. The monies may be withdrawn, from time to\\ntime, in order to pay, award or purchase prizes offered only upon\\ncertification to the secretary of state of the names and addresses of\\nthe winners and the amount or value of the respective prizes.\\n 5. Every person, firm or corporation engaging in any promotion or\\nadvertising scheme or plan of the type set forth in subdivision one of\\nthis section shall within ninety days following the completion of said\\npromotion or advertising scheme or plan, file with the secretary of\\nstate a listing of the name and address of each winner of every prize\\nhaving a value of more than twenty-five dollars, the description of the\\nprize won by each such person, and the date when such prize was\\ndelivered to each such person, and shall maintain complete records of\\nsuch promotion or advertising scheme or plan for a period of six months\\nthereafter. Failure to file such listing with the secretary of state or\\nto maintain such records shall be a class B misdemeanor. A copy of such\\nlisting shall be furnished, without charge, to any person who requests\\nthe same from said promoter. Nothing herein shall prohibit a requirement\\nthat such request must be accompanied by a stamped, self-addressed\\nenvelope provided such requirement shall be included in and made a part\\nof the rules and regulations filed pursuant to subdivision one of this\\nsection.\\n 6. Every person, firm or corporation who prints, publishes or\\ncirculates literature or advertising material, used in connection with\\nany promotion or advertising scheme or plan of the type set forth in\\nsubdivision one of this section, which is false, deceptive or\\nmisleading, shall be guilty of a class B misdemeanor.\\n 7. Every person, firm or corporation who coerces a retail dealer to\\nparticipate in any promotion or advertising scheme or plan of the type\\nset forth in subdivision one of this section shall be guilty of a class\\nB misdemeanor. Such coercion includes, but is not limited to,\\ncircumstances in which a course of business conduct extending over a\\nperiod of one year or longer between a supplier and a dealer is\\nmaterially changed, for no legitimate business reason, coincident with a\\nfailure or refusal of the dealer to participate in such games.\\n 8. Whenever the attorney general shall have reason to believe that any\\npromotion or advertising scheme or plan of the type set forth in\\nsubdivision one of this section is being operated in violation of this\\nsection, he may bring an action in the supreme court, in the name and on\\nbehalf of the people of the state of New York to enjoin the continued\\noperation of such promotion or advertising scheme or plan. An action for\\nviolation of this section may be instituted by the attorney general in\\nthe name of the people of the state of New York, and in any such action,\\nthe attorney general shall exercise all of the powers and perform all\\nthe duties which the district attorney would otherwise be authorized to\\nexercise or to perform therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-EE", "title" : "Prize award schemes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-EE", "activeDate" : "2014-09-22", "sequenceNo" : 580, "repealedDate" : null, "fromSection" : "369-EE", "toSection" : "369-EE", "text" : " § 369-ee. Prize award schemes. 1. Written disclosure. (a) Unless\\nwritten disclosure is made as provided in paragraph (c) of this\\nsubdivision, it shall be unlawful for any person, firm or corporation to\\noffer a consumer a prize as part of any prize award scheme.\\n (b) For purposes of this section, \"prize award scheme\" shall mean a\\npromotion, solicitation, or advertisement either oral, written, or\\notherwise for the purchase or lease of a product, real estate, an\\ninvestment, services, a membership, or any other item: (i) in which the\\noutcome depends in a material degree upon an element of chance,\\nnotwithstanding that skill or performance of the consumer may also be a\\nfactor therein; (ii) where the consumer is told that he has won or may\\nwin a prize or award, or is told that he or she is or may be the winner\\nof a contest, or where similar language is used which would lead a\\nconsumer to believe that he or she has won or may win a prize or award;\\nand (iii) which requires the consumer to do something (including, but\\nnot limited to, traveling to a location to accept the prize, listening\\nto a sales presentation, submitting one's credit card account number,\\nallowing a sales person into one's home or responding orally or in\\nwriting).\\n (c) Such written disclosure must be furnished to the consumer at the\\ntime he is notified of the prize and must be written or printed in a\\nsize equal to at least that type used for the standard text on the front\\nof the first page of the offer. The written disclosure must clearly and\\nconspicuously disclose all of the following: (i) a full description of\\nthe exact prize won by the consumer including a list price which does\\nnot appreciably exceed the highest price at which substantial sales are\\nmade in the offering area; (ii) all material terms and conditions\\nattached to the prize; (iii) a statement, where applicable, that the\\nconsumer must submit to a sales presentation; (iv) a full description of\\nthe product, real estate, investment, services, membership or any other\\nitem to be offered for sale, including the price of the least expensive\\nand the most expensive item or parcel; (v) a notice that if the consumer\\ndecides to purchase any item offered for sale he has three business days\\nin which to cancel such sale; and (vi) the odds of winning each prize\\nmust be conspicuously disclosed in the same type face, size and boldness\\nand adjacent to the most prominent listing of the prizes on the front of\\nthe first page of the offer, with the odds stated in arabic numbers and\\nidentify the total number of prizes to be given away and the total\\nnumber of offerings to be distributed.\\n (d) It shall be unlawful to (i) represent that a person is a \"winner\"\\nor has been \"selected\", or words of similar import when all or a\\nsubstantial number of those solicited receive the same \"prize\" or\\n\"opportunity\" or (ii) deliver, or cause to be delivered, a prize notice\\nor offering, which simulates or falsely represents that it is a document\\nauthorized, issued or approved by any court, official, or agency of the\\nUnited States or any state, lawyer, law firm, or insurance or brokerage\\ncompany, or which creates a false impression as to its source,\\nauthorization, or approval; or (iii) deliver, or cause to be delivered,\\na prize notice or offering which is in the form of, or a prize notice or\\noffering which includes, a document which simulates a bond, check or\\nother negotiable instrument, whether or not that document contains a\\nstatement or some other indication which suggests that it is\\nnon-negotiable.\\n 2. Right of cancellation. In addition to any other right to revoke an\\noffer, the consumer may cancel a sale made as a result of a prize award\\nsolicitation until midnight of the third business day after the day on\\nwhich he signed a sales agreement. Cancellation occurs when written\\nnotice of cancellation is given to the seller. Notice of cancellation,\\nif given by mail, shall be deemed given when deposited in a mailbox\\nproperly addressed and postage pre-paid.\\n 2-a. Prize claims by pay-per-call services. It shall be unlawful for\\nany person, firm or corporation to offer a consumer a prize, if in order\\nto claim the prize, the consumer must call a pay-per-call service where\\nthe charge for such pay-per-call service is greater than the service\\ncharge authorized by the appropriate regulatory commission. As used in\\nthis subdivision \"pay-per-call service\" means any telephone service for\\nwhich the calling party is assessed, by virtue of completing the call, a\\ncharge for which the caller pays a per-call or per-time charge.\\n 3. Form of notice. (a) In a sale consummated as a result of or made in\\nassociation with a prize award scheme, the seller shall furnish to the\\nbuyer (i) a fully completed receipt or copy of any contract pertaining\\nto such sale at the time of its execution, which is in the same\\nlanguage, e.g. Spanish, as that principally used in the oral sales\\npresentation and which shows the date of the transaction and contains\\nthe name and address of the seller, and in immediate proximity to the\\nspace reserved in the contract for the signature of the buyer or on the\\nfront page of the receipt if a contract is not used and in not less than\\nten-point bold face type, a statement in substantially the following\\nform:\\n \"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY\\n TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER\\n THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE\\n OF CANCELLATION FORM FOR AN EXPLANATION OF THIS\\n RIGHT.\"; and\\n (ii) at the time the buyer signs the contract or otherwise agrees to\\nbuy consumer goods or services from the seller, a completed form in\\nduplicate, captioned \"NOTICE OF CANCELLATION\", which shall be attached\\nto the contract or receipt and easily detachable, and which shall\\ncontain in not less than ten-point bold face type the following\\ninformation and statements in the same language, e.g. Spanish, as that\\nused in the contract:\\n NOTICE OF CANCELLATION\\n (enter date of transaction)\\n _________________________________________\\n (Date)\\nYOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION,\\nWITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.\\nIF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER\\nTHE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL\\nBE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF\\nYOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE\\nTRANSACTION WILL BE CANCELLED.\\nIF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE,\\nIN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED\\nTO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH\\nTHE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE\\nGOODS AT THE SELLER'S EXPENSE AND RISK.\\nIF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT\\nPICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF\\nCANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER\\nOBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR\\nIF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN\\nYOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.\\nTO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF\\nTHIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A\\nTELEGRAM, TO\\n(Name of Seller), AT Address of Seller\\n__________________ _________________________________\\n(Place of Business) NOT LATER THAN MIDNIGHT OF\\n__________________\\n__________________\\n (Date)\\nI HEREBY CANCEL THIS TRANSACTION.\\n_________________\\n (Date)\\n ______________________________\\n (Buyer's Signature)\\nand the seller shall complete both copies by entering the name of the\\nseller, the address of the seller's place of business, the date of the\\ntransaction, and the date, not earlier than the third business day\\nfollowing the date of the transaction, by which the buyer may give\\nnotice of cancellation.\\n (a-1) In a sale or lease to be consummated as a result of or made in\\nassociation with a prize award scheme, the seller shall not employ a\\ncourier to pick up and deliver or a courier pick-up and delivery service\\nto retrieve a buyer's deposit or payment unless the seller is otherwise\\nauthorized to do business in this state in accordance with the\\nrequirements of the business corporation law or the not-for-profit\\ncorporation law. If the seller fails to comply with this section, the\\nbuyer or any other person obligated for any part of the purchase price\\nmay cancel the contract or lease at any time by notifying the seller in\\nany manner and by any means of his or her intention to cancel.\\n (b) In a sale consummated as a result of or made in association with a\\nprize award scheme, the seller shall inform each buyer orally, at the\\ntime he signs the contract or purchases the goods or services, of his\\nright to cancel. Until the seller has complied with this section, the\\nbuyer or any other person obligated for any part of the purchase price\\nmay cancel the contract by notifying the seller in any manner and by any\\nmeans of his intention to cancel. The period prescribed by this\\nsubdivision shall begin to run from the time the seller complies with\\nthis section.\\n (c) A prize award scheme contract or receipt shall not include any\\nconfession of judgment or any waiver of any of the rights to which the\\nbuyer is entitled under this section including specifically his right to\\ncancel the sale in accordance with the provisions of this article.\\n (d) This section shall not apply to the use of promotional materials,\\ngifts or prizes distributed without charge or expense to any person,\\nfirm or corporation.\\n (e) This section shall not apply to the use of promotional materials,\\ngifts, or prizes by a retail store primarily engaged in the retail sale\\nof goods or services for which this type of promotion is incidental and\\nwhich requires the customer only to travel to the merchant's regular\\nplace of business to receive the gift, prize or award.\\n (f) This section shall not apply to the solicitation or\\nrepresentations offering a consumer a prize in connection with: (i) the\\nsale or purchase of books, recordings, videocassettes, periodicals, and\\nsimilar goods through a membership group or club which is regulated by\\nthe federal trade commission pursuant to Code of Federal Regulations,\\ntitle 16, part 425.1 concerning use of negative option plans by sellers\\nin commerce; (ii) the sale or purchase of goods ordered through a\\ncontractual plan or arrangement such as a continuity plan, subscription\\narrangement, or a single sale or purchase series arrangement under which\\nthe seller ships goods to a consumer who has consented in advance to\\nreceive the goods and after receipt of the goods is given a reasonable\\nopportunity to examine the goods and to receive a full refund of charges\\nfor the goods, upon return of the goods undamaged; or (iii) sales by a\\ncatalog seller. For purposes of this section, \"catalog seller\" shall\\nmean any entity (and its subsidiaries) or person at least fifty percent\\nof whose annual revenues are derived from the sale of products sold in\\nconnection with the distribution of catalogs of at least twenty-four\\npages, which contain written descriptions or illustrations and sale\\nprices for each item of merchandise and which are distributed in more\\nthan one state with a total annual distribution of at least two hundred\\nfifty thousand.\\n 4. Violations. Upon any violation of this section, an application may\\nbe made by the attorney general in the name of the people of the state\\nto a court or justice having jurisdiction to issue an injunction, and\\nupon notice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of the violation. If it shall appear to the\\nsatisfaction of the court or justice that the defendant has violated\\nthis section, an injunction may be issued by the court or justice,\\nenjoining and restraining any further violation, without requiring proof\\nthat any person has, in fact, been injured or damaged thereby. In any\\nsuch proceeding, the court may make allowances to the attorney general\\nas provided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine a violation of this\\nsection has occurred, it may impose a civil penalty of not more than one\\nthousand dollars for each violation. In connection with an application\\nmade under this subdivision, the attorney general is authorized to take\\nproof and to make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n 5. Effect of other laws. The obligations imposed by this section shall\\nbe in addition to and not in derogation of the requirements of any other\\nlaw.\\n 6. Applicability. The provisions of subdivisions two and three of this\\nsection shall not apply to membership campground operators as defined in\\nsection six hundred fifty-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "369-EEE", "title" : "Telecommunication-related and energy-related prohibitions as to prize boxes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-EEE", "activeDate" : "2014-09-22", "sequenceNo" : 581, "repealedDate" : null, "fromSection" : "369-EEE", "toSection" : "369-EEE", "text" : " § 369-eee. Telecommunication-related and energy-related prohibitions\\nas to prize boxes. 1. No box or container used to collect entries for\\nsweepstakes or a contest may, at the same time, be used to collect\\nletters of authorization or other documents that constitute\\nauthorizations by consumers to change their primary long distance\\ncarriers or to receive or purchase natural gas, electric service, or any\\nother telecommunication services.\\n 2. Enforcement by attorney general. Whenever there shall be a\\nviolation of this article, application may be made by the attorney\\ngeneral in the name of the people of the state of New York to a court or\\njustice having jurisdiction by a special proceeding to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violation; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this article has occurred, the court may\\nimpose a civil penalty of not more than one thousand dollars for each\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant fact and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A24-C", "title" : "Tax Preparers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24-C", "activeDate" : "2014-09-22", "sequenceNo" : 582, "repealedDate" : null, "fromSection" : "371", "toSection" : "373", "text" : " ARTICLE 24-C\\n TAX PREPARERS\\nSection 371. Definitions.\\n 372. Consumer bill of rights regarding tax preparers.\\n 373. Applicability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "371", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "371", "activeDate" : "2014-09-22", "sequenceNo" : 583, "repealedDate" : null, "fromSection" : "371", "toSection" : "371", "text" : " § 371. Definitions. For the purposes of this article:\\n (a) \"Facilitator\" means a person who individually or in conjunction or\\ncooperation with another person: (i) solicits the execution of,\\nprocesses, receives, or accepts an application or agreement for a refund\\nanticipation loan or refund anticipation check; (ii) serves or collects\\nupon a refund anticipation loan or refund anticipation check; or (iii)\\nin any other manner that facilitates the making of a refund anticipation\\nloan or refund anticipation check. This term excludes any employees of a\\nfacilitator who provide only clerical or other comparable support\\nservices to such facilitator.\\n (b) \"Tax preparer\" or \"preparer\" means a person, partnership,\\ncorporation or other business entity, that in exchange for consideration\\nadvises or assists or offers to advise or assist in the preparation of\\nincome tax returns for another.\\n (c) \"Refund anticipation check\" means a check, stored value card, or\\nother payment mechanism: (i) representing the proceeds of a tax refund;\\n(ii) which was issued by a depository institution or other person that\\nreceived a direct deposit of the tax refund or tax credits; and (iii)\\nfor which a fee or other consideration has been paid for such payment\\nmechanism.\\n (d) \"Refund anticipation loan\" means a loan that is secured by or that\\nthe creditor arranges to be repaid directly or indirectly from the\\nproceeds of an income tax refund or tax credits. A refund anticipation\\nloan also includes any sale, assignment, or purchase of tax refund at a\\ndiscount or for a fee, whether or not the amount is required to be\\nrepaid to the buyer or assignee if the internal revenue service or the\\ndepartment denies or reduces the amount of the tax refund.\\n (e) \"Department\" means the department of taxation and finance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "372", "title" : "Consumer bill of rights regarding tax preparers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372", "activeDate" : "2014-09-22", "sequenceNo" : 584, "repealedDate" : null, "fromSection" : "372", "toSection" : "372", "text" : " § 372. Consumer bill of rights regarding tax preparers. (a) A tax\\npreparer shall provide his or her customers with a receipt containing an\\naddress and phone number at which the preparer can be contacted\\nthroughout the year.\\n (b) The department shall, in accordance with regulations promulgated\\nby the commissioner of taxation and finance, produce and make available\\nto taxpayers and tax preparers an informational flier regarding\\nconsumers' rights and laws concerning tax preparers to be called a\\n\"consumer bill of rights regarding tax preparers\". The department shall\\nconsult with the department of state, to enhance distribution of fliers\\nto consumers. The flier shall also be made available on the department\\nand the department of state's internet site, and shall contain\\ninformation including, but not limited to, the following:\\n (1) postings required by state and federal laws, such as price posting\\nand posting of qualifications;\\n (2) explanations of some of the commonly offered services and industry\\njargon, such as preparation of short and long federal forms, refund,\\nelectronic filing, express mail, direct deposit, refund anticipation\\ncheck, refund anticipation loan, quick, instant, rapid, fast, fee, and\\ninterest;\\n (3) basic information on what a tax preparer is and is not required to\\ndo for a consumer, such as the preparer's responsibility to sign a\\nreturn, that a tax preparer may not be required to accompany a consumer\\nto an audit but the company may have a voluntary policy to accompany\\nconsumers to audits; and\\n (4) the telephone numbers of the department for information and\\ncomplaints.\\n The flier shall be in a form which is easily reproducible by photocopy\\nmachine.\\n (c) The department shall coordinate its response to consumer tax\\npreparer complaints with the department of state, as the department\\ndeems appropriate.\\n (d) A copy of the consumer bill of rights regarding tax preparers\\nshall be provided to individuals or businesses on request to the\\ndepartment, and shall be sent by the department no later than October\\nfifteenth of each year to each tax preparer who has been found to be in\\nviolation of this subdivision or any other provision of this section\\nwithin the previous calendar year. Each tax preparer subject to this\\nsection shall obtain a current consumer's bill of rights regarding tax\\npreparers from the department and shall reproduce it so that it is clear\\nand legible. As of January first of each year, each tax preparer shall\\ngive to each customer, free of charge, a current, legible copy of the\\nconsumer's bill of rights regarding tax preparers prior to any\\ndiscussion with the customer. Each such tax preparer shall also verbally\\ndirect the consumer to review the consumer bill of rights regarding tax\\npreparers and shall answer any questions the consumer may have about its\\ncontents.\\n (e) (1) Any tax preparer who advertises the availability of a refund\\nanticipation loan or refund anticipation check may not directly or\\nindirectly represent such a loan as a refund. Any advertisement which\\nmentions a refund anticipation loan must state conspicuously that it is\\na loan and that a fee or interest will be charged by the lending\\ninstitution. The advertisement must also disclose the name of the\\nlending institution.\\n (2) (i) Before any taxpayer enters into a refund anticipation loan,\\nthe tax preparer facilitating such loan shall provide the following\\ndisclosure to the taxpayer in writing in at least fourteen-point type:\\n \"YOU ARE NOT REQUIRED TO ENTER INTO THIS REFUND ANTICIPATION LOAN\\nAGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THIS INFORMATION.\\n IF YOU DO SIGN A CONTRACT FOR A REFUND ANTICIPATION LOAN, YOU WILL BE\\nTAKING OUT A LOAN. YOU WILL BE RESPONSIBLE FOR REPAYMENT OF THE ENTIRE\\nLOAN AMOUNT AND ALL RELATED COSTS AND FEES, REGARDLESS OF HOW MUCH MONEY\\nYOU ACTUALLY RECEIVE IN YOUR TAX REFUND. IF YOUR REFUND IS DELAYED, YOU\\nMAY HAVE TO PAY ADDITIONAL COSTS.\\n IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU ARE ELIGIBLE\\nTO RECEIVE A GROSS TAX REFUND OF APPROXIMATELY $(insert amount).\\n IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU WILL BE\\nRESPONSIBLE TO PAY $(insert amount) IN FEES FOR THE LOAN. AFTER THESE\\nFEES ARE PAID, YOU WILL RECEIVE APPROXIMATELY $ (insert amount) AS YOUR\\nLOAN.\\n THE ESTIMATED ANNUAL PERCENTAGE RATE OF YOUR REFUND ANTICIPATION LOAN\\nIS (insert amount)%. THIS IS BASED ON THE ACTUAL AMOUNT OF TIME YOU WILL\\nBE LENT MONEY THROUGH THIS REFUND ANTICIPATION LOAN.\\n IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU CAN EXPECT TO\\nRECEIVE YOUR LOAN WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert\\ndate).\\n IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU CAN STILL\\nRECEIVE YOUR TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN\\nELECTRONICALLY AND RECEIVE YOUR TAX REFUND THROUGH THE MAIL, YOU CAN\\nEXPECT TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF\\n(insert date). IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND HAVE YOUR\\nTAX REFUND DIRECTLY DEPOSITED INTO A BANK ACCOUNT, YOU CAN EXPECT TO\\nRECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert\\ndate).\"\\n (ii) Before any taxpayer enters into an agreement to receive a refund\\nanticipation check, the tax preparer facilitating the agreement shall\\nprovide the following disclosure to the taxpayer in writing in at least\\nfourteen-point type:\\n \"YOU ARE NOT REQUIRED TO ENTER INTO THIS REFUND ANTICIPATION CHECK\\nAGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THIS INFORMATION. IF YOU DO\\nTAKE OUT THIS REFUND ANTICIPATION CHECK, YOU WILL BE RESPONSIBLE TO PAY\\n$(insert amount) IN FEES FOR THE CHECK TO BE ISSUED BY (insert name of\\nissuer of refund anticipation check). YOU CAN AVOID THIS FEE AND STILL\\nRECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND\\nDIRECTLY DEPOSITED INTO YOUR OWN BANK ACCOUNT. YOU CAN ALSO WAIT FOR THE\\nFEDERAL OR STATE REFUND TO BE MAILED TO YOU.\\n IF YOU DO ENTER INTO THIS REFUND ANTICIPATION CHECK AGREEMENT, YOU CAN\\nEXPECT TO RECEIVE YOUR CHECK BY APPROXIMATELY TWO BUSINESS DAYS OF\\n(insert date).\\n IF YOU DO NOT ENTER INTO THIS REFUND ANTICIPATION CHECK AGREEMENT, YOU\\nCAN STILL RECEIVE YOUR TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN\\nELECTRONICALLY AND RECEIVE YOUR TAX REFUND THROUGH THE MAIL, YOU CAN\\nEXPECT TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF\\n(insert date). IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND HAVE YOUR\\nTAX REFUND DIRECTLY DEPOSITED INTO A BANK ACCOUNT, YOU CAN EXPECT TO\\nRECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert\\ndate).\"\\n (iii) It shall be the obligation of the tax preparer to complete the\\nrequired disclosures accurately with all relevant information for each\\ntaxpayer and to ensure that the completed disclosure form is signed by\\nthe taxpayer before he or she enters into a refund anticipation loan or\\na refund anticipation check, with a copy of the same provided to the\\ntaxpayer. The name and the unique identification number of the tax\\nreturn preparer (and facilitator, if different) assigned pursuant to\\nsection thirty-two of the tax law must be included on the disclosure\\nform provided to the taxpayer.\\n (f)(1) If a taxpayer applies for a refund anticipation loan, the\\nfacilitator must also orally inform the taxpayer in the language\\nprimarily used for oral communications between the facilitator and\\ntaxpayer:\\n (i) that the product is a loan that only lasts one to two weeks;\\n (ii) if the tax refund is less than expected, the taxpayer is liable\\nfor the full amount of the loan and must repay any difference;\\n (iii) if the refund is delayed for any reason, there may be additional\\ncosts, such as additional interest, that the taxpayer will have to pay;\\n (iv) the amount of the refund anticipation loan fee; and\\n (v) the refund anticipation loan interest rate.\\n (2) If a taxpayer applies for a refund anticipation check, the\\nfacilitator must also orally inform the taxpayer in the language\\nprimarily used for oral communications between the facilitator and\\ntaxpayer:\\n (i) the amount of the refund anticipation check fee; and\\n (ii) that the taxpayer can receive a refund in the same amount of time\\nwithout a fee if the tax return is filed electronically, and the\\nconsumer chooses direct deposit to their own personal bank account.\\n (g) Any person, partnership, corporation or other business entity who\\nviolates any provision of this section or any of the regulations\\npromulgated pursuant to this section shall be liable for a civil penalty\\nof not less than two hundred fifty dollars nor more than five hundred\\ndollars for the first violation and for each succeeding violation a\\ncivil penalty of not less than five hundred dollars nor more than seven\\nhundred fifty dollars. The penalties provided for by this subdivision\\nmust be paid upon notice and demand and will be assessed, collected and\\npaid in the same manner as taxes under article twenty-seven of the tax\\nlaw.\\n (h) Apart from subdivision (e) of this section and the accompanying\\npenalties as listed in subdivision (f) of this section, the provisions\\nof this section shall not apply to:\\n (1) an officer or employee of a corporation or business enterprise\\nwho, in his or her capacity as such, advises or assists in the\\npreparation of income tax returns relating to such corporation or\\nbusiness enterprise;\\n (2) an attorney at law who advises or assists in the preparation of\\nincome tax returns in the practice of law and the employees thereof;\\n (3) a fiduciary and the employees thereof who advise or assist in the\\npreparation of income tax returns on behalf of the fiduciary estate, the\\ntestator, trustee, grantor or beneficiaries thereof;\\n (4) a certified public accountant licensed pursuant to the education\\nlaw or licensed by one or more of the states or jurisdictions of the\\nUnited States, and the employees thereof;\\n (5) a public accountant licensed pursuant to the education law and the\\nemployees thereof;\\n (6) an employee of a governmental unit, agency or instrumentality who\\nadvises or assists in the preparation of income tax returns in the\\nperformance of his or her official duties; or\\n (7) an agent enrolled to practice before the internal revenue service\\npursuant to section 10.4 of subpart A of part ten of title thirty-one of\\nthe code of federal regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "373", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "373", "activeDate" : "2014-09-22", "sequenceNo" : 585, "repealedDate" : null, "fromSection" : "373", "toSection" : "373", "text" : " § 373. Applicability. (a) The provisions of this article shall not\\napply to tax preparers operating within any city having a population of\\none million or more.\\n (b) Except as provided in subdivision (c) of this section, this\\narticle shall supersede and preempt all rules, regulations, codes,\\nstatutes or ordinances of all cities, counties, municipalities, and\\nlocal agencies regarding disclosures required to be made by tax\\npreparers.\\n (c) The provisions of this section shall not be construed to limit in\\nany way the authority of a city with a population of one million or more\\nto enact, implement and continue to enforce local laws and regulations\\ngoverning tax preparers that were in effect prior to the effective date\\nof this article, or to enact, implement and enforce any amendments\\nthereto after the effective date of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A25", "title" : "Fair Credit Reporting Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-11-28" ], "docLevelId" : "25", "activeDate" : "2014-11-28", "sequenceNo" : 586, "repealedDate" : null, "fromSection" : "380", "toSection" : "380-V", "text" : " ARTICLE 25\\n FAIR CREDIT REPORTING ACT\\nSection 380. Short title.\\n 380-a. Definitions.\\n 380-b. Permissible dissemination of reports.\\n 380-c. Preparation and/or procurement of investigative consumer\\n reports.\\n 380-d. Disclosure to consumers.\\n 380-e. Methods and conditions of disclosure to consumers.\\n 380-f. Procedure for resolving disputes.\\n 380-g. Public record information.\\n 380-h. Restrictions on investigative consumer reports.\\n 380-i. Requirements on users of consumer reports.\\n 380-j. Prohibited information.\\n 380-k. Compliance procedures.\\n 380-l. Civil liability for willful noncompliance.\\n 380-m. Civil liability for negligent noncompliance.\\n 380-n. Jurisdiction of courts; limitation of actions.\\n 380-o. Obtaining or introducing information under false\\n pretenses; penalty.\\n 380-p. Unauthorized disclosures by officers or employees;\\n penalty.\\n 380-q. Disclosure of medical information.\\n 380-r. Disclosures to governmental agencies.\\n 380-s. Theft of identity.\\n 380-t. Security freeze.\\n 380-u. Security record freeze for protected minors.\\n 380-v. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380", "activeDate" : "2014-09-22", "sequenceNo" : 587, "repealedDate" : null, "fromSection" : "380", "toSection" : "380", "text" : " § 380. Short title. This article may be cited as the \"fair credit\\nreporting act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2015-01-16", "2015-02-27", "2019-11-29", "2023-12-15", "2024-11-29", "2025-02-21", "2025-11-28", "2025-12-26", "2026-02-27", "2026-04-24" ], "docLevelId" : "380-A", "activeDate" : "2019-11-29", "sequenceNo" : 588, "repealedDate" : null, "fromSection" : "380-A", "toSection" : "380-A", "text" : " § 380-a. Definitions. As used in this article:\\n (a) The term \"person\" means any individual, partnership, corporation,\\ntrust, estate, co-operative, association, government or governmental\\nsubdivision, agency or other entity.\\n (b) The term \"consumer\" means an individual.\\n (c) (1) The term \"consumer report\" means any written, oral, or other\\ncommunication of any information by a consumer reporting agency bearing\\non a consumer's credit worthiness, credit standing, credit capacity,\\ncharacter, general reputation, personal characteristics, or mode of\\nliving which is used or expected to be used or collected in whole or\\npart for the purpose of serving as a factor in establishing the\\nconsumer's eligibility for (i) credit or insurance to be used primarily\\nfor personal, family, or household purposes, (ii) employment purposes,\\nor (iii) other purposes authorized under section three hundred eighty-b\\nof this article.\\n (2) The term \"consumer report\" does not include (i) any report\\ncontaining information solely as to transactions or experiences between\\nthe consumer and the person making the report, (ii) any authorization or\\napproval of a specific extension of credit directly or indirectly by the\\nissuer of a credit card or similar device, or (iii) any report in which\\na person who has been requested by a third party to make a specific\\nextension of credit directly or indirectly to a consumer conveys his\\ndecision with respect to such request, if the third party advises the\\nconsumer of the name and address of the person to whom the request was\\nmade and such person makes the disclosures to the consumer required\\nunder section three hundred eighty-i of this article.\\n (d) The term \"investigative consumer report\" means a consumer report\\nor portion thereof in which information on a consumer's character,\\ngeneral reputation, personal characteristics, or mode of living is\\nobtained through personal interviews with neighbors, friends, or\\nassociates of the consumer reported on or with others with whom he is\\nacquainted or who may have knowledge concerning any such items of\\ninformation. However, such information shall not include specific\\nfactual information on a consumer's credit record obtained directly from\\na creditor of the consumer or from a consumer reporting agency when such\\ninformation was obtained directly from a creditor of the consumer or\\nfrom the consumer.\\n (e) The term \"consumer reporting agency\" means any person who, for\\nmonetary fees, dues, or on a cooperative nonprofit basis, regularly\\nengages in whole or in part in the practice of assembling or evaluating\\nconsumer credit information or other information on consumers for the\\npurpose of furnishing consumer reports or investigative consumer reports\\nto third parties.\\n (f) The term \"file\" when used in connection with information on any\\nconsumer, means all of the information on that consumer recorded and\\nretained by a consumer reporting agency regardless of how the\\ninformation is stored.\\n (g) The term \"employment purposes\" when used in connection with a\\nconsumer report means a report used for the purpose of evaluating a\\nconsumer for employment, promotion, reassignment or retention as an\\nemployee.\\n (h) The term \"adverse information\" means information that is likely to\\nhave a negative effect upon the ability or eligibility of a consumer to\\nobtain credit, insurance, employment, or other benefits, goods or\\nservices or information that is either wholly or partially responsible\\nfor increases in charges for credit or insurance.\\n (i) The term \"user\" when discussed in connection with the use of a\\nconsumer report means any person receiving or requesting a consumer\\nreport or an investigative consumer report other than the subject\\nthereof.\\n (j) The term \"medical information\" means information or records\\nobtained, with the consent of the individual to whom it relates, from\\nlicensed physicians or medical practitioners, hospitals, clinics, or\\nother medical or medically related facilities.\\n (k) The term \"consumer credit reporting agency\" means a consumer\\nreporting agency that regularly engages in the practice of assembling or\\nevaluating and maintaining, for the purpose of furnishing consumer\\ncredit reports to third parties bearing on a consumer's credit\\nworthiness, credit standing, or credit capacity, public record\\ninformation and credit account information from persons who furnish that\\ninformation regularly and in the ordinary course of business.\\n (l) The term \"consumer credit report\" means a consumer report\\nassembled, evaluated or maintained by a consumer credit reporting\\nagency, bearing on a consumer's credit worthiness, credit standing, or\\ncredit capacity.\\n (m) The term \"security freeze\" or \"freeze\" means a notice placed in\\nthe consumer credit report of or relating to a consumer, at the request\\nof such consumer and subject to certain exceptions, that prohibits the\\nconsumer credit reporting agency from releasing the consumer credit\\nreport, the contents of such report or the credit score of such\\nconsumer.\\n (n) The term \"proper identification\" means information generally\\ndeemed sufficient to identify a person.\\n (o) The term \"protected consumer\" means an individual who is under the\\nage of sixteen years at the time a request for the placement of a\\nsecurity freeze is made.\\n (p) The term \"record\" means a compilation of information that (1)\\nidentifies a protected consumer; (2) is created by a consumer credit\\nreporting agency solely for the purpose of complying with section three\\nhundred eighty-u of this article; and (3) may not be created or used to\\nconsider the protected consumer's credit worthiness, credit standing,\\ncredit capacity, character, general reputation, personal\\ncharacteristics, or mode of living for any purpose listed in this\\narticle.\\n (q) The term \"representative\" means a person who provides to a\\nconsumer credit reporting agency sufficient proof of authority to act on\\nbehalf of a protected consumer.\\n (r) The term \"security freeze for a protected consumer\" means (1) if a\\nconsumer credit reporting agency does not have a file pertaining to a\\nprotected consumer, a restriction that: (i) is placed on the protected\\nconsumer's record in accordance with section three hundred eighty-u of\\nthis article; and (ii) prohibits the consumer credit reporting agency\\nfrom releasing the protected consumer's record except as provided in\\nthis section; or\\n (2) if a consumer credit reporting agency has a file pertaining to the\\nprotected consumer, a restriction that (i) is placed on the protected\\nconsumer's consumer credit report in accordance with this section; and\\n(ii) prohibits the consumer credit reporting agency from releasing the\\nprotected consumer's consumer credit report or any information derived\\nfrom the protected consumer's consumer credit report except as provided\\nin this section.\\n (s) The term \"sufficient proof of authority\" means documentation that\\nshows a representative has authority to act on behalf of a protected\\nconsumer. \"Sufficient proof of authority\" shall include, but not be\\nlimited to, (1) an order issued by a court of law; or (2) a written,\\nnotarized statement signed by a representative that expressly describes\\nthe authority of the representative to act on behalf of a protected\\nconsumer.\\n (t) The term \"sufficient proof of identification\" means information or\\ndocumentation that identifies a protected consumer or a representative\\nof a protected consumer. \"Sufficient proof of identification\" shall\\ninclude, but not be limited to, (1) a social security number or a copy\\nof a social security card issued by the social security administration;\\n(2) a certified or official copy of a birth certificate; or (3) a copy\\nof a driver's license, an identification card issued by the department\\nof motor vehicles, or any other government-issued photo identification.\\n (u) The term \"members of a consumer's social network\" means a group of\\nindividuals authorized by a consumer to be part of his or her social\\nmedia communications and network.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-B", "title" : "Permissible dissemination of reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27", "2026-04-24" ], "docLevelId" : "380-B", "activeDate" : "2014-09-22", "sequenceNo" : 589, "repealedDate" : null, "fromSection" : "380-B", "toSection" : "380-B", "text" : " § 380-b. Permissible dissemination of reports. (a) A consumer\\nreporting agency may furnish a consumer report under the following\\ncircumstances and no other:\\n (1) In response to the order of a court having jurisdiction to issue\\nsuch an order, or\\n (2) In accordance with the written instructions of the consumer to\\nwhom it relates, or\\n (3) To a person whom it has reason to believe intends to use the\\ninformation (i) in connection with a credit transaction involving the\\nconsumer on whom the information is to be furnished and involving the\\nextension of credit to, or review or collection of an account of, the\\nconsumer, or (ii) for employment purposes, or (iii) in connection with\\nthe underwriting of insurance involving the consumer, or (iv) in\\nconnection with a determination of the consumer's eligibility for a\\nlicense or other benefit granted by a governmental instrumentality\\nrequired by law to consider an applicant's financial responsibility or\\nstatus, or (v) to a person in connection with a business transaction\\ninvolving the consumer where the user has a legitimate business need for\\nsuch information, or (vi) in connection with the rental or lease of a\\nresidence.\\n (b) No person shall request a consumer report, other than an\\ninvestigative consumer report, in connection with an application made\\nafter the effective date of this article, for credit, employment,\\ninsurance, or rental or lease of residences, unless the applicant is\\nfirst informed in writing or in the same manner in which the application\\nis made that (i) a consumer report may be requested in connection with\\nsuch application, and (ii) the applicant upon request will be informed\\nwhether or not a consumer report was requested, and if such report was\\nrequested, informed of the name and address of the consumer reporting\\nagency that furnished the report.\\n (c) Where the notice provided pursuant to subdivision (b) of this\\nsection further indicates that subsequent consumer reports, other than\\ninvestigative consumer reports, may be requested or utilized in\\nconnection with an update, renewal, or extension of the credit,\\nemployment, insurance, or rental or lease of residences for which\\napplication was made, no additional notice to the consumer shall be\\nrequired at the time such subsequent report is requested.\\n (d) The notice requirements of this section shall not be applicable to\\nthe update, renewal, or extension of credit, employment, insurance, or\\nrental or lease of residences for which initial application was made\\nprior to the effective date of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-C", "title" : "Preparation and/or procurement of investigative consumer reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-C", "activeDate" : "2014-09-22", "sequenceNo" : 590, "repealedDate" : null, "fromSection" : "380-C", "toSection" : "380-C", "text" : " § 380-c. Preparation and/or procurement of investigative consumer\\nreports. (a) No person may procure or cause to be prepared an\\ninvestigative consumer report on any consumer unless such person:\\n (1) has first provided the consumer with notice of the procurement or\\npreparation as described in subdivision (b) of this section, and\\n (2) has first received from the consumer an authorization for\\npreparation or procurement of such investigative consumer report as\\ndescribed in subdivision (c) of this section.\\n (b) The notice required by this section shall be in writing if a\\nwritten application is made by the consumer, or may be in writing or\\noral in all other circumstances. Such notice shall inform the consumer\\nthat:\\n (1) an investigative consumer report may be requested on the consumer,\\nand\\n (2) the consumer upon written request will be informed whether or not\\nan investigative consumer report was requested, and if such report was\\nrequested, the name and address of the consumer reporting agency to whom\\nthe request was made. Upon the furnishing to the consumer of the name\\nand address of the consumer reporting agency to whom the request was\\nmade the consumer shall also be informed he may inspect and receive a\\ncopy of such report by contacting such agency. Additionally, if such\\nreport was requested with respect to an offer of employment the person,\\nfirm, partnership, corporation or other entity requesting such report\\nshall in such notice also provide the subject of such report with a copy\\nof article twenty-three-A of the correction law governing the licensure\\nand employment of persons previously convicted of one or more criminal\\noffenses.\\n (c) The authorization required by this section shall be given in\\nwriting or in the same manner as the notice pursuant to this section is\\nrequired to be given.\\n (d) If a person applying for credit, insurance, or employment refuses\\nto authorize the procurement or preparation of an investigative consumer\\nreport, the prospective creditor, insurer or employer may decline to\\ngrant credit, insurance or employment on the grounds that the applicant\\nrefused to execute such authorization.\\n (e) Where a parent applies for insurance on behalf of or to cover his\\nchild, or an adult applies for insurance on behalf of or to cover a\\nminor, the execution of an authorization and receipt of notice pursuant\\nto this section by the parent or adult shall also be deemed to be\\nreceipt of notice and execution of an authorization by the child or\\nminor.\\n (f) The notice and authorization requirements of this section shall\\nnot be applicable to investigative consumer reports procured or prepared\\nin connection with the renewal of a casualty insurance policy where the\\ninitial application for such policy preceded the effective date of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-D", "title" : "Disclosure to consumers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-D", "activeDate" : "2014-09-22", "sequenceNo" : 591, "repealedDate" : null, "fromSection" : "380-D", "toSection" : "380-D", "text" : " § 380-d. Disclosure to consumers. (a) Every consumer reporting agency\\nshall, upon request and proper identification of any consumer, clearly\\nand accurately disclose to the consumer:\\n (1) all information in its files at the time of the request concerning\\nsuch consumer; and\\n (2) the sources of the information; except that the sources of\\ninformation acquired solely for use in preparing an investigative\\nconsumer report and actually used for no other purpose need not be\\ndisclosed; provided, however, that in the event an action is brought\\nunder section three hundred eighty-n of this article, such sources shall\\nbe available to the plaintiff under appropriate discovery procedures in\\nthe court in which the action is brought; and\\n (3) the recipients of any consumer report on the consumer which it has\\nfurnished;\\n (i) for employment purposes within the two-year period preceding the\\nrequest, and\\n (ii) for any other purpose within the six month period preceding the\\nrequest.\\n (b) The requirements of subdivision (a) of this section respecting the\\ndisclosure of sources of information and the recipients of consumer\\nreports do not apply to information received or consumer reports\\nfurnished prior to the effective date of this article except to the\\nextent that the matter involved is contained in the files of the\\nconsumer reporting agency on that date.\\n (c) Notwithstanding any other provision of this article, every\\nconsumer reporting agency, upon contact by a consumer by phone, mail or\\nin person regarding information which may be contained in the agency's\\nfiles which has been or may be used for the purpose of providing a\\nconsumer report regarding that consumer, shall promptly advise the\\nconsumer of the obligation of the agency to provide disclosure of the\\nfiles in person, by mail or by telephone pursuant to this section,\\nincluding the obligation of the agency to provide a decoded written\\nversion of the file or a written copy of the file with an explanation of\\nany code used, if the consumer so requests. The disclosure shall be\\nprovided in the manner selected by the consumer. All consumers shall be\\nspecifically advised that if they have been denied credit in the past\\nthirty days they are entitled to receive a written copy of their\\ncomplete file, at no charge whatsoever, should they choose to request\\nsuch a copy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-E", "title" : "Methods and conditions of disclosure to consumers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-E", "activeDate" : "2014-09-22", "sequenceNo" : 592, "repealedDate" : null, "fromSection" : "380-E", "toSection" : "380-E", "text" : " § 380-e. Methods and conditions of disclosure to consumers. (a) A\\nconsumer reporting agency shall make the disclosures required under\\nsection three hundred eighty-d of this article during normal business\\nhours and on reasonable notice.\\n (b) The disclosure required under section three hundred eighty-d of\\nthis article shall be made to the consumer by one or more of the\\nfollowing methods:\\n (1) in person if he appears in person and furnishes proper\\nidentification, in which case the consumer shall be permitted a personal\\nvisual inspection of his file and, if he so requests, shall be furnished\\na copy of his entire file or any part thereof,\\n (2) by telephone if he has made a written request, with proper\\nidentification, for telephone disclosure and the toll charge, if any,\\nfor the telephone call is prepaid by or charged directly to the\\nconsumer, and at the time of the disclosure by telephone the consumer\\nshall be advised of the right to receive a complete written disclosure\\nof the information pertaining to him, or\\n (3) by mailing a copy or transcription of all information in the\\nconsumer's file to him, if he has made a written request with proper\\nidentification.\\n (c) Every consumer reporting agency shall provide trained personnel to\\nexplain to the consumer any information furnished to him either by\\npersonal interview or telephone communication, and information furnished\\nby mail must be accompanied by an explanation of such information if\\nprovided in code or trade terminology.\\n (d) The consumer who seeks disclosure by means of a personal interview\\npursuant to paragraph one of subdivision (b) of this section shall be\\npermitted to be accompanied by one other person of his choosing, who\\nshall furnish reasonable identification. A consumer reporting agency may\\nrequire the consumer to furnish a written statement granting permission\\nto the consumer reporting agency to discuss the consumer's file in such\\nother person's presence.\\n (e) (1) A consumer reporting agency shall make all disclosures\\nauthorized under section three hundred eighty-d of this article without\\ncharge to any person who receives a notification of adverse action\\npursuant to section three hundred eighty-i of this article, or receives\\nnotification from a debt collection agency affiliated with such consumer\\nreporting agency stating the consumer's credit rating may be or has been\\nadversely affected if, within thirty days of receipt of such\\nnotification, the consumer makes a request for such disclosure. A\\nwritten statement by a consumer indicating that he has been denied\\ncredit in the past thirty days or has been contacted by a debt\\ncollection agency as described in this paragraph is sufficient to\\nrequire the disclosure without charge.\\n (2) In all other cases where such disclosure is requested, the\\nconsumer reporting agency may impose a reasonable charge for such\\ndisclosure, provided that such charges are indicated to the consumer\\nprior to making disclosure.\\n (3) Notwithstanding any provision of paragraph two of this\\nsubdivision, the charge imposed for the furnishing of information shall\\nnot exceed the charge the consumer reporting agency would impose for\\nproviding such information to its regular customers.\\n (4) No charge may be made for notifying any person of the deletion of\\ninformation which is found to be in error or which can no longer be\\nverified.\\n (f) In addition to the disclosure provided by this section and any\\ndisclosures received by the consumer, the consumer shall be advised of\\nthe right to request and receive a decoded written version of the file\\nor a written copy of the file, with an explanation of any code used,\\nwithout charge as subject to subdivision (e) of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-F", "title" : "Procedure for resolving disputes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-F", "activeDate" : "2014-09-22", "sequenceNo" : 593, "repealedDate" : null, "fromSection" : "380-F", "toSection" : "380-F", "text" : " § 380-f. Procedure for resolving disputes. (a) If a consumer disputes\\nany item of information contained in his file, and such dispute is\\ndirectly conveyed to the consumer reporting agency by the consumer, the\\nconsumer reporting agency shall promptly re-investigate and record the\\ncurrent status of such information, unless it has reasonable grounds to\\nbelieve that the dispute by the consumer is frivolous, and it shall\\npromptly notify the consumer of the result of its investigation, its\\ndecision on the status of the information and his rights pursuant to\\nthis section. The presence of contradictory information in a consumer's\\nfile shall not, in and of itself, constitute reasonable grounds for\\nbelieving the dispute is frivolous.\\n (b) If, after conducting the re-investigation required by subdivision\\n(a) of this section, the consumer reporting agency finds that an item is\\nin error or that it can no longer be verified, it shall:\\n (1) promptly expunge the item and otherwise correct the file,\\n (2) refrain from reporting the item in subsequent consumer reports,\\n (3) clearly and conspicuously disclose to the consumer his rights to\\nmake a request for notification and upon request of the consumer,\\npromptly notify any person designated by the consumer who has received\\ninformation regarding the item during the previous year that an error\\nexisted, and shall furnish such person with the corrected information,\\nand\\n (4) where applicable forward a copy of the consumer's statement\\npursuant to subdivision (c) of this section.\\n (c) If, after conducting a re-investigation pursuant to this section,\\nthe consumer reporting agency is unable to resolve any remaining\\ndifferences between the statements made by its sources and the consumer,\\nit shall:\\n (1) promptly indicate in the file that the item is disputed,\\n (2) permit the consumer to file a statement concerning the nature of\\nthe dispute, which statement may be limited by the agency to not more\\nthan one hundred words if such agency provides the consumer with\\nassistance in writing a clear summary of the dispute,\\n (3) include the consumer's statement of the dispute in all subsequent\\ncredit reports containing the information in question, and\\n (4) clearly note in all subsequent consumer reports that the item is\\ndisputed by the consumer.\\n (d) Notwithstanding any other provision of this section, if any item\\ndisputed and reinvestigated is found to be in error or can no longer be\\nverified, upon completion of the reinvestigation of all items disputed,\\nthe agency shall promptly mail the consumer a corrected written copy of\\nthe file, reflecting any changes, with an explanation of any code used,\\nat no charge to the consumer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-G", "title" : "Public record information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-G", "activeDate" : "2014-09-22", "sequenceNo" : 594, "repealedDate" : null, "fromSection" : "380-G", "toSection" : "380-G", "text" : " § 380-g. Public record information. A consumer reporting agency which\\ncompiles and reports items of information on consumers which are matters\\nof public record shall:\\n (a) at the time such public record information is reported to the user\\nof such consumer report, notify the consumer of the fact that public\\nrecord information is being reported by the consumer reporting agency,\\ntogether with the name and address of the person to whom such\\ninformation is being reported; or\\n (b) maintain reasonable procedures designed to insure that whenever\\npublic record information is reported it is complete and up to date to\\nthe extent practicable. It shall be deemed a reasonable procedure for a\\nconsumer reporting agency to accurately report the status of public\\nrecord information as of the date recorded in its files provided such\\ninformation is updated on a regular basis.\\n (c) When conducting a reinvestigation as required by subdivision (a)\\nof section three hundred eighty-f of this article, a consumer reporting\\nagency shall promptly record and report the current status of the public\\nrecord.\\n (d) When a consumer reporting agency provides a consumer report that\\ncontains criminal conviction information, permitted by paragraph one of\\nsubdivision (a) of section three hundred eighty-j of this article, to a\\nuser, the person, firm, corporation or other entity requesting such\\nreport shall provide the subject of such report a printed or electronic\\ncopy of article twenty-three-A of the correction law governing the\\nlicensure and employment of persons previously convicted of one or more\\ncriminal offenses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-H", "title" : "Restrictions on investigative consumer reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-H", "activeDate" : "2014-09-22", "sequenceNo" : 595, "repealedDate" : null, "fromSection" : "380-H", "toSection" : "380-H", "text" : " § 380-h. Restrictions on investigative consumer reports. (a) Whenever\\na consumer reporting agency prepares an investigative consumer report,\\nno adverse information in such report, other than information which is a\\nmatter of public record, may be included in a subsequent consumer report\\nunless such adverse information has been verified in the process of\\nmaking such subsequent consumer report, unless the adverse information\\nwas received within the three month period preceding the date upon which\\nthe subsequent report is furnished.\\n (b) Each investigative consumer report shall be in writing, and a copy\\nthereof shall be retained by the consumer reporting agency for at least\\none year after it is issued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-I", "title" : "Requirements on users of consumer reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-I", "activeDate" : "2014-09-22", "sequenceNo" : 596, "repealedDate" : null, "fromSection" : "380-I", "toSection" : "380-I", "text" : " § 380-i. Requirements on users of consumer reports. (a) Whenever\\ncredit or insurance for personal, family or household purposes is\\ndenied, or whenever a residential rental or lease is denied, or the\\ncharge for such credit or insurance, or rental or lease is increased,\\neither wholly or partly because of information contained in a consumer\\nreport, the user of the report shall:\\n (1) advise the consumer against whom such adverse action has been\\ntaken of such action,\\n (2) supply the name and address of the consumer reporting agency\\nmaking the report, and\\n (3) inform the consumer of his right to inspect and receive a copy of\\nsuch report by contacting the consumer reporting agency.\\n (b) In addition to the requirements of subdivision (a) of this\\nsection, the user of any such report for purpose of evaluating an\\napplication for credit shall furnish to the consumer the reasons for any\\nadverse action in relation to such application in conformance with the\\nrequirements of the federal equal credit opportunity act (P.L. 93-435,\\n15 USC 1691 et seq) as that statute may from time to time be amended.\\n (c) Every user of a consumer report or an investigative consumer\\nreport shall be prohibited from disseminating any such report to any\\nother person unless such other person has a legitimate business need for\\nthe information in connection with a business transaction involving the\\nconsumer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-J", "title" : "Prohibited information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-29", "2023-12-15", "2026-06-19" ], "docLevelId" : "380-J", "activeDate" : "2019-11-29", "sequenceNo" : 597, "repealedDate" : null, "fromSection" : "380-J", "toSection" : "380-J", "text" : " § 380-j. Prohibited information. (a) No consumer reporting agency\\nshall report or maintain in the file on a consumer, information:\\n (1) relative to an arrest or a criminal charge unless there has been a\\ncriminal conviction for such offense, or unless such charges are still\\npending,\\n (2) relative to a consumer's race, religion, color, ancestry or ethnic\\norigin, or\\n (3) which it has reason to know is inaccurate.\\n (b) Notwithstanding the provisions of paragraph one of subdivision (a)\\nof this section, a consumer reporting agency may collect, evaluate,\\nprepare, use or report information relative to a detention of an\\nindividual by a retail mercantile establishment, provided that:\\n (1) the individual has executed an uncoerced admission of wrongdoing;\\n (2) with respect to a detention made on or after the effective date of\\nthis article the retail mercantile establishment has, prior to\\ntransmitting to a consumer reporting agency information concerning such\\ndetention, delivered to the individual a written notice containing:\\n (i) a statement that the information may be furnished to a consumer\\nreporting agency, and that such information may be reported to a retail\\nmercantile establishment for employment purposes,\\n (ii) a statement that the individual may request disclosure by the\\nconsumer reporting agency of information in the agency's file on such\\nindividual, and that the completeness or accuracy of such information\\nmay be disputed by the individual, and\\n (iii) the name and address of such consumer reporting agency; and\\n (3) the user of such information certifies to the consumer reporting\\nagency that such information will be used only in connection with\\nemployment purposes.\\n (c) In the event that a criminal charge is filed subsequent to the\\ndetention described in subdivision (b) of this section, the disposition\\nof such charge shall be recorded by the consumer reporting agency in the\\nfile on such individual upon the request of such individual and upon his\\nfurnishing proof of such disposition.\\n (d) No consumer reporting agency shall issue a consumer report which\\nlists a person as having been denied credit if the sole reason for such\\ndenial is lack of sufficient information to grant credit, unless the\\nreport states that the denial was for such reason.\\n (e) Consumer reporting agencies shall maintain reasonable procedures\\ndesigned to assure maximum possible accuracy of the information\\nconcerning the individual about whom the report relates.\\n (f) (1) Except as authorized under paragraph two of this subdivision,\\nno consumer reporting agency may make any consumer report containing any\\nof the following items of information.\\n (i) bankruptcies which, from date of adjudication of the most recent\\nbankruptcy, antedate the report by more than fourteen years;\\n (ii) judgements which, from date of entry, antedate the report by more\\nthan seven years or until the governing statute of limitations has\\nexpired, whichever is the longer period; or judgments which, from date\\nof entry, having been satisfied within a five year period from such\\nentry date, shall be removed from the report five years after such entry\\ndate;\\n (iii) paid tax liens which, from date of payment, antedate the report\\nby more than seven years or, a paid, satisfied or vacated tax lien\\ninvolving a purchaser, transferee or assignee in a bulk sale transaction\\nwho has been deemed liable by the state tax commission for sales taxes\\ndue from a seller, transferrer or assignor under subdivision (c) of\\nsection eleven hundred forty-one of the tax law, where the receipt by a\\ncredit reporting agency from such purchaser, transferee or assignee of a\\nnotice, or true copy thereof, from the state tax commission to such\\npurchaser, transferee or assignee that his liability has been wholly\\npaid or satisfied or no longer exists, antedates the report by more than\\nthirty days;\\n (iv) accounts placed for collection or charged to profit and loss\\nwhich antedate the report by more than seven years; or accounts placed\\nfor collection or charged to profit and loss, which have been paid and\\nwhich antedate the report by more than five years;\\n (v) records of conviction of crime which, from date of disposition,\\nrelease, or parole, antedate the report by more than seven years;\\n (vi) information regarding drug or alcoholic addiction where the last\\nreported incident relating to such addiction antedates the consumer\\nreport or investigative consumer report by more than seven years;\\n (vii) information relating to past confinement in a mental institution\\nwhere the date of last confinement antedates the report by more than\\nseven years; or\\n (viii) any other adverse information which antedates the report by\\nmore than seven years.\\n (2) The provisions of this subdivision shall not apply to:\\n (i) a credit transaction involving, or which may reasonably be\\nexpected to involve, a principal amount of fifty thousand dollars or\\nmore;\\n (ii) the underwriting of life insurance involving, or which may\\nreasonably be expected to involve, a face amount of fifty thousand\\ndollars or more; or\\n (iii) the employment of any individual at an annual salary which\\nequals, or which may reasonably be expected to equal twenty-five\\nthousand dollars, or more.\\n (g) No consumer reporting agency shall collect, evaluate, report, or\\nmaintain in the file on a consumer any results, opinions, analyses,\\ntranscripts or information of any nature concerning, related to, or\\nderived from a polygraph examination, an examination by any device or\\ninstrument of any type used to test or question individuals for the\\npurpose of detecting deception, verifying truthfulness, or measuring\\ndeceptive tendencies, or the questioning or interviewing of an\\nindividual by the examiner prior to or after such an examination.\\n (h) No consumer reporting agency shall collect, evaluate, report, or\\nmaintain in the file on a consumer the credit worthiness, credit\\nstanding or credit capacity of members of the consumer's social network\\nfor purposes of determining the credit worthiness of the consumer; the\\naverage credit worthiness, credit standing or credit capacity of members\\nof the consumer's social network; or any group score that is not the\\nconsumer's own credit worthiness, credit standing or credit capacity.\\nThe provisions of this subdivision shall be enforced concurrently by the\\nsuperintendent of financial services and the director of the division of\\nconsumer protection and each shall utilize their consumer complaint and\\nassistance hotlines to document complaints by consumers who believe that\\ngroup credit ratings of their social media network are being used to\\ndeny them credit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-K", "title" : "Compliance procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-K", "activeDate" : "2014-09-22", "sequenceNo" : 598, "repealedDate" : null, "fromSection" : "380-K", "toSection" : "380-K", "text" : " § 380-k. Compliance procedures. Every consumer or reporting agency\\nshall maintain reasonable procedures designed to avoid violations of\\nsections three hundred eighty-b, three hundred eighty-j and three\\nhundred eighty-t of this article and to limit the furnishing of consumer\\nreports to the purposes listed under said section three hundred\\neighty-b. These procedures shall require all prospective users of the\\ninformation to identify themselves, certify the purposes for which the\\ninformation is sought, and certify that the information will be used for\\nno other purpose. Every consumer reporting agency shall make a\\nreasonable effort to verify the identity of a new prospective user and\\nthe uses certified by such prospective user prior to furnishing such\\nuser a consumer report. No consumer reporting agency may furnish a\\nconsumer report to any person if it has reasonable grounds for believing\\nthat the consumer report will not be used for a purpose listed in\\nsection three hundred eighty-b of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-L", "title" : "Civil liability for willful noncompliance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-L", "activeDate" : "2014-09-22", "sequenceNo" : 599, "repealedDate" : null, "fromSection" : "380-L", "toSection" : "380-L", "text" : " § 380-l. Civil liability for willful noncompliance. Any person, firm,\\npartnership, corporation, or association whose knowing and willful\\nviolation of section three hundred eighty-s of this article resulted in\\nthe transmission or provision to a consumer reporting agency of\\ninformation that would otherwise not have been transmitted or provided,\\nand any consumer reporting agency or user of information who or which\\nwillfully and knowingly fails to comply with any requirement imposed\\nunder this article with respect to any consumer is liable to that\\nconsumer in an amount equal to the sum of:\\n (a) Any actual damages sustained by the consumer as a result of such\\nfailure or as a result of a violation of section three hundred eighty-s\\nof this article;\\n (b) Such amount of punitive damages as the court may allow; and\\n (c) In the case of any successful action to enforce any liability\\nunder this section, the costs of the action together with reasonable\\nattorney's fees as determined by the court.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-M", "title" : "Civil liability for negligent noncompliance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-M", "activeDate" : "2014-09-22", "sequenceNo" : 600, "repealedDate" : null, "fromSection" : "380-M", "toSection" : "380-M", "text" : " § 380-m. Civil liability for negligent noncompliance. Any consumer\\nreporting agency or user of information who or which is negligent in\\nfailing to comply with any requirement imposed under this article, other\\nthan a violation of section three hundred eighty-t of this article, with\\nrespect to any consumer is liable to that consumer in an amount equal to\\nthe sum of:\\n (a) Any actual damages sustained by the consumer as a result of the\\nfailure;\\n (b) In the case of any successful action to enforce any liability\\nunder this section, the costs of the action together with reasonable\\nattorney's fees as determined by the court.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-N", "title" : "Jurisdiction of courts; limitation of actions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-N", "activeDate" : "2014-09-22", "sequenceNo" : 601, "repealedDate" : null, "fromSection" : "380-N", "toSection" : "380-N", "text" : " § 380-n. Jurisdiction of courts; limitation of actions. An action to\\nenforce any liability, created under this article may be brought in any\\ncourt of competent jurisdiction, within two years from the date on which\\nthe liability arises, except that where a defendant has materially and\\nwillfully misrepresented any information required under this article to\\nbe disclosed to an individual and the information so misrepresented is\\nmaterial to the establishment of the defendant's liability to that\\nindividual under this article, the action may be brought at any time\\nwithin two years after the discovery by the individual of the\\nmisrepresentation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-O", "title" : "Obtaining or introducing information under false pretenses; penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-O", "activeDate" : "2014-09-22", "sequenceNo" : 602, "repealedDate" : null, "fromSection" : "380-O", "toSection" : "380-O", "text" : " § 380-o. Obtaining or introducing information under false pretenses;\\npenalty. 1. Any person who knowingly and willfully obtains information\\nconcerning a consumer from a consumer reporting agency under false\\npretenses shall, upon conviction, be fined not more than five thousand\\ndollars or imprisoned not more than one year, or both.\\n 2. Any person who knowingly and willfully introduces, attempts to\\nintroduce or causes to be introduced, false information into a consumer\\nreporting agency's files for the purpose of wrongfully damaging or\\nwrongfully enhancing the credit information of any individual shall,\\nupon conviction, be fined not more than five thousand dollars or\\nimprisoned not more than one year, or both.\\n 3. This section shall not apply to statements filed pursuant to\\nparagraph two of subdivision (c) of section three hundred eighty-f of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-P", "title" : "Unauthorized disclosures by officers or employees; penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-P", "activeDate" : "2014-09-22", "sequenceNo" : 603, "repealedDate" : null, "fromSection" : "380-P", "toSection" : "380-P", "text" : " § 380-p. Unauthorized disclosures by officers or employees; penalty.\\nAny officer or employee of a consumer reporting agency who knowingly and\\nwillfully provides information concerning an individual from the\\nagency's files to a person not authorized to receive that information\\nshall, upon conviction, be fined not more than five thousand dollars or\\nimprisoned not more than one year, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-Q", "title" : "Disclosure of medical information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-Q", "activeDate" : "2014-09-22", "sequenceNo" : 604, "repealedDate" : null, "fromSection" : "380-Q", "toSection" : "380-Q", "text" : " § 380-q. Disclosure of medical information. Whenever any provision of\\nthis article requires disclosure of medical information, or the\\ndisclosure of a reason for adverse action which involves medical\\ninformation, such information or reason shall be disclosed only to a\\nphysician designated by the consumer for such purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-R", "title" : "Disclosures to governmental agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-R", "activeDate" : "2014-09-22", "sequenceNo" : 605, "repealedDate" : null, "fromSection" : "380-R", "toSection" : "380-R", "text" : " § 380-r. Disclosures to governmental agencies. Notwithstanding the\\nprovisions of section three hundred eighty-b of this article, a consumer\\nreporting agency may furnish identifying information respecting any\\nconsumer, limited to his name, address, former addresses, places of\\nemployment, or former places of employment to a governmental agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-S", "title" : "Theft of identity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380-S", "activeDate" : "2014-09-22", "sequenceNo" : 606, "repealedDate" : null, "fromSection" : "380-S", "toSection" : "380-S", "text" : " § 380-s. Theft of identity. No person, firm, partnership, corporation,\\nor association or employee thereof shall knowingly and with the intent\\nto defraud, obtain, possess, transfer, use, or attempt to obtain,\\npossess, transfer, or use credit, goods, services or anything else of\\nvalue in the name of another person without his or her consent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-T", "title" : "Security freeze", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11", "2019-07-05", "2019-08-02", "2019-09-27" ], "docLevelId" : "380-T", "activeDate" : "2019-09-27", "sequenceNo" : 607, "repealedDate" : null, "fromSection" : "380-T", "toSection" : "380-T", "text" : " § 380-t. Security freeze. (a) A consumer may request that a security\\nfreeze be placed on his or her consumer credit report by sending a\\nrequest in writing with confirmation of delivery requested or via\\ntelephone, secure electronic means, or other methods developed by the\\nconsumer credit reporting agency to a consumer credit reporting agency\\nat an address, telephone number or secure website designated by such\\nagency to receive such requests. Consumer credit reporting agencies\\nshall have a secure website and a separately dedicated toll-free number\\nto offer information, to process requests and deliver the services\\nprovided for under this section.\\n (b) A consumer credit reporting agency that receives from a consumer a\\nrequest in accordance with subdivision (a) of this section shall,\\nprovided such request is accompanied by proper identification, place a\\nsecurity freeze on the consumer credit report of or relating to such\\nconsumer no later than four business days after receiving such request,\\nprovided further, however, that for requests received on or after\\nJanuary first, two thousand nine, such consumer credit reporting agency\\nshall place a security freeze on the consumer credit report of or\\nrelating to such consumer no later than three business days after\\nreceiving such request and for requests received on or after January\\nfirst, two thousand ten, such consumer credit reporting agency shall\\nplace a security freeze on the consumer credit report of or relating to\\nsuch consumer no later than one business day after receiving such\\nrequest. Nothing in this subdivision shall be construed to prevent a\\nconsumer credit reporting agency from advising a third party that a\\nsecurity freeze is in effect with respect to the consumer credit report\\nof or relating to such consumer. No consumer credit reporting agency\\nshall advise in any manner a third party, of the fact that the consumer\\nrequesting the freeze is alleging to be the victim of domestic violence\\nor identity theft, without the written authorization of the consumer.\\n (c) The consumer credit reporting agency shall send a written\\nconfirmation of the placement of a security freeze to the consumer\\nwithin five business days of placing such freeze. Upon placing the\\nsecurity freeze on the consumer credit report of or relating to such\\nconsumer, the consumer credit reporting agency shall provide the\\nconsumer with a unique personal identification number or password, or\\nother device which shall only be used by the consumer when providing\\nauthorization for the release of his or her consumer credit report for a\\nspecific party or specific period of time. The unique personal\\nidentification number or password, or other device to be used by the\\nconsumer shall not be a social security number or a sequential portion\\nthereof. Any use of the unique personal identification number or\\npassword or other device other than provided for in this section is\\nprohibited.\\n (d) If the consumer wishes to allow his or her consumer credit report\\nto be accessed for a specific party or a specific period of time while a\\nfreeze is in place, he or she shall contact the consumer credit\\nreporting agency via mail with confirmation of delivery, telephone,\\nsecure electronic means or other method developed by such consumer\\ncredit reporting agency pursuant to subdivision (f) of this section\\nusing a point of contact designated by such consumer credit reporting\\nagency, request that the freeze be temporarily lifted, and provide the\\nfollowing:\\n (1) proper identification;\\n (2) the unique personal identification number or password provided by\\nthe consumer credit reporting agency pursuant to subdivision (c) of this\\nsection; and\\n (3) the proper information regarding the party to which the consumer\\ncredit report should be available or the time period for which the\\nconsumer credit report shall be available to users of such report.\\n (e) (1) A consumer credit reporting agency that receives a request\\nfrom a consumer to temporarily lift a freeze on a consumer credit report\\npursuant to subdivision (d) of this section, shall comply with the\\nrequest: (i) no later than three business days after receiving such\\nrequest; (ii) as of September first, two thousand nine, a consumer\\ncredit reporting agency that receives a request via the use of a\\ntelephone or secure electronic method provided by the agency, pursuant\\nto subdivision (d) of this section, shall release a consumer's credit\\nreport as requested by the consumer within fifteen minutes after the\\nrequest is received by the consumer credit reporting agency.\\n (2) A consumer credit reporting agency is not required to temporarily\\nlift a security freeze within the time provided in subparagraph (ii) of\\nparagraph one of this subdivision if:\\n (i) the consumer fails to meet the requirements of subdivision (b) of\\nthis section; or\\n (ii) the consumer credit reporting agency's ability to temporarily\\nlift the security freeze within fifteen minutes is prevented by:\\n (A) an act of God, including fire, earthquakes, hurricanes, storms, or\\nsimilar natural disaster or phenomena;\\n (B) unauthorized or illegal acts by a third party, including\\nterrorism, sabotage, riot, vandalism, labor strikes or disputes\\ndisrupting operations, or similar occurrence;\\n (C) operational interruption, including electrical failure,\\nunanticipated delay in equipment or replacement part delivery, computer\\nhardware or software failures inhibiting response time, or similar\\ndisruption;\\n (D) governmental action, including emergency orders or regulations,\\njudicial or law enforcement action, or similar directives;\\n (E) regularly scheduled maintenance, during other than normal business\\nhours, of, or updates to, the consumer reporting agency's systems; or\\n (F) commercially reasonable maintenance of, or repair to, the consumer\\nreporting agency's systems that is unexpected or unscheduled.\\n (f) A consumer credit reporting agency may develop procedures\\ninvolving other secure methods of communication, including the use of\\nthe internet, or other electronic media to receive and process a request\\nfrom a consumer to temporarily lift a freeze on a consumer credit report\\npursuant to subdivision (d) of this section in an expedited manner.\\n (g) The department of state shall monitor the state of technology\\nrelating to the means available to process requests for the lifting or\\nremoval of a security freeze, and shall report to the legislature when\\nit is determined that the technology to process requests for the lifting\\nor removal of a security freeze in a shorter period of time than that\\nset forth in subdivision (e) of this section is available.\\n (h) A consumer credit reporting agency shall remove or temporarily\\nlift a freeze placed on the consumer credit report of or relating to a\\nconsumer only in the following cases:\\n (1) upon consumer request, pursuant to subdivision (d) or (k) of this\\nsection; or\\n (2) if the consumer credit report of or relating to such consumer was\\nfrozen due to a material misrepresentation of fact by the consumer. If a\\nconsumer credit reporting agency intends to remove a freeze upon a\\nconsumer credit report pursuant to this paragraph, the consumer credit\\nreporting agency shall notify the consumer in writing, by first class\\nmail, within three business days prior to removing the freeze on such\\nconsumer credit report.\\n (i) If a third party requests access to a consumer credit report on\\nwhich a security freeze is in effect, and this request is in connection\\nwith an application for credit or any other use, and the consumer does\\nnot allow his or her consumer credit report to be accessed for that\\nperiod of time, the third party may treat the application as incomplete.\\n (j) If a consumer requests a security freeze, the consumer credit\\nreporting agency shall disclose the process of placing and temporarily\\nlifting a freeze, and the process for allowing access to information\\nfrom such consumer credit report for a specific party or a period of\\ntime while the freeze is in place.\\n (k) (1) A security freeze shall remain in place until the consumer\\nrequests, using a point of contact designated by the consumer credit\\nreporting agency, that the security freeze be removed and provides the\\nfollowing:\\n (i) proper identification; and\\n (ii) the unique personal identification number or password or similar\\ndevice provided by the consumer credit reporting agency pursuant to\\nsubdivision (c) of this section.\\n (2) A consumer credit reporting agency shall remove a security freeze\\nwithin three business days of receiving a request for removal from the\\nconsumer pursuant to paragraph one of this subdivision.\\n (l) A consumer credit reporting agency shall require proper\\nidentification of the person making a request to place or remove a\\nsecurity freeze.\\n (m) The provisions of this section do not apply to the use of a\\nconsumer credit report by any of the following:\\n (1) a person or entity, or a subsidiary, affiliate, or agent of that\\nperson or entity, or an assignee of a financial obligation owing by the\\nconsumer to that person or entity, or a prospective assignee of a\\nfinancial obligation owing by the consumer to that person or entity in\\nconjunction with the proposed purchase of the financial obligation, with\\nwhich the consumer has or had prior to assignment an account or\\ncontract, including a demand deposit account, or to whom the consumer\\nissued a negotiable instrument, for the purposes of reviewing the\\naccount or collecting the financial obligation owing for the account,\\ncontract, or negotiable instrument. For purposes of this paragraph,\\n\"reviewing the account\" includes activities related to account\\nmaintenance, monitoring, credit line increases, and account upgrades and\\nenhancements;\\n (2) a subsidiary, affiliate, agent, assignee, or prospective assignee\\nof a person to whom access has been granted for purposes of facilitating\\nthe extension of credit or other permissible use;\\n (3) any state or local agency, law enforcement agency, court, private\\ncollection agency, or person acting pursuant to a court order, warrant,\\nor subpoena;\\n (4) a child support agency acting pursuant to title iv-d of the social\\nsecurity act (42 U.S.C. et seq.);\\n (5) the state or its political subdivisions or its agents or assigns\\nacting to investigate fraud or acting to investigate or collect\\ndelinquent taxes or unpaid court orders or to fulfill any of its other\\nstatutory responsibilities provided such responsibilities are consistent\\nwith a permissible purpose under 15 U.S.C. section 1681b;\\n (6) the use of credit information for the purposes of prescreening as\\nprovided for by the federal fair credit reporting act;\\n (7) any person or entity administering a credit file monitoring\\nsubscription or similar service to which the consumer has subscribed; or\\n (8) any person or entity for the purpose of providing a consumer with\\na copy of his or her consumer credit report or score upon the request of\\nsuch consumer.\\n (n) No consumer credit reporting agency shall charge a fee to any\\nconsumer for the placement of any security freeze, the removal of any\\nsecurity freeze, the temporary lift of any security freeze for a\\nspecific party or period of time, or the issuance of any replacement\\npersonal identification number or password when the consumer fails to\\nretain the personal identification number or password provided to such\\nconsumer by such consumer credit reporting agency pursuant to\\nsubdivision (c) of this section.\\n (3)(i) Upon a breach of the security of the system of a consumer\\ncredit reporting agency which includes any social security number, such\\nagency shall offer to each consumer, whose information, including social\\nsecurity number, was breached or is reasonably believed to have been\\nbreached, reasonable identity theft prevention services and, if\\napplicable, identify theft mitigation services for a period not to\\nexceed five years at no cost to such consumers. Such agency shall\\nprovide all information necessary for such consumers to enroll in such\\nservices and shall include information on how such consumers can request\\na security freeze. A consumer credit reporting agency shall not be\\nrequired to offer such services if, after an appropriate investigation,\\nthe agency reasonably determines that the breach of security is unlikely\\nto result in harm to the consumers whose information has been breached.\\n (ii) \"Breach of the security of the system\" as used in this paragraph\\nshall have the same definition as in paragraph (c) of subdivision one of\\nsection eight hundred ninety-nine-aa of this chapter.\\n (o) If a security freeze is in place, a consumer credit reporting\\nagency shall not change any of the following official information in a\\nconsumer credit report without sending a written confirmation of the\\nchange to the consumer within thirty days of the change being posted to\\nthe file of or relating to such consumer: name, date of birth, social\\nsecurity number, and address. Written confirmation is not required for\\ntechnical modifications of the official information of or relating to\\nsuch consumer, including name and street abbreviations, complete\\nspellings, or transposition of numbers or letters. In the case of an\\naddress change, the written confirmation shall be sent to both the new\\naddress and to the former address.\\n (p) The following entities are not required to place a security freeze\\non a consumer credit report:\\n (1) a consumer credit reporting agency that acts only as a reseller of\\ncredit information by assembling and merging information contained in\\nthe data base of another consumer credit reporting agency or multiple\\nconsumer credit reporting agencies, and does not maintain a permanent\\ndata base of credit information from which new consumer credit reports\\nare produced. However, a consumer credit reporting agency acting as a\\nreseller shall honor any security freeze placed on a consumer credit\\nreport by another consumer credit reporting agency;\\n (2) a check services or fraud prevention services company, which\\nissues reports on incidents of fraud or authorizations for the purpose\\nof approving or processing negotiable instruments, electronic funds\\ntransfers, or similar methods of payments; or\\n (3) a deposit account information service company, which issues\\nreports regarding account closures due to fraud, substantial overdrafts,\\nATM abuse, or similar negative information regarding a consumer, to\\ninquiring banks or other financial institutions for use only in\\nreviewing a consumer request for a deposit account at the inquiring bank\\nor financial institution.\\n (q) (1) Any time a consumer credit reporting agency is required to\\nsend a summary of rights required under 15 U.S.C. section 1681g, to a\\nconsumer residing in this state the following notice shall be included\\nwith such summary of rights:\\n \"NEW YORK CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE.\\n YOU HAVE A RIGHT TO PLACE A \"SECURITY FREEZE\" ON YOUR CREDIT REPORT,\\nWHICH WILL PROHIBIT A CONSUMER CREDIT REPORTING AGENCY FROM RELEASING\\nINFORMATION IN YOUR CREDIT REPORT WITHOUT YOUR EXPRESS AUTHORIZATION. A\\nCONSUMER CREDIT REPORTING AGENCY IS PROHIBITED FROM CHARGING YOU A FEE\\nFOR THE PLACEMENT, REMOVAL, OR TEMPORARY LIFT OF A SECURITY FREEZE, OR\\nFOR THE ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER (PIN)\\nOR PASSWORD IN THE EVENT THAT YOU FAIL TO RETAIN THE ORIGINAL PIN OR\\nPASSWORD PROVIDED TO YOU BY SUCH CONSUMER CREDIT REPORTING AGENCY. A\\nSECURITY FREEZE MUST BE REQUESTED IN WRITING DELIVERY CONFIRMATION\\nREQUESTED OR VIA TELEPHONE, SECURE ELECTRONIC MEANS, OR OTHER METHODS\\nDEVELOPED BY THE CONSUMER CREDIT REPORTING AGENCY. THE SECURITY FREEZE\\nIS DESIGNED TO PREVENT CREDIT, LOANS, AND SERVICES FROM BEING APPROVED\\nIN YOUR NAME WITHOUT YOUR CONSENT. HOWEVER, YOU SHOULD BE AWARE THAT\\nUSING A SECURITY FREEZE TO TAKE CONTROL OVER WHO GETS ACCESS TO THE\\nPERSONAL AND FINANCIAL INFORMATION IN YOUR CREDIT REPORT MAY DELAY,\\nINTERFERE WITH, OR PROHIBIT THE TIMELY APPROVAL OF ANY SUBSEQUENT\\nREQUEST OR APPLICATION YOU MAKE REGARDING A NEW LOAN, CREDIT, MORTGAGE,\\nGOVERNMENT SERVICES OR PAYMENTS, INSURANCE, RENTAL HOUSING, EMPLOYMENT,\\nINVESTMENT, LICENSE, CELLULAR PHONE, UTILITIES, DIGITAL SIGNATURE,\\nINTERNET CREDIT CARD TRANSACTION, OR OTHER SERVICES, INCLUDING AN\\nEXTENSION OF CREDIT AT POINT OF SALE. WHEN YOU PLACE A SECURITY FREEZE\\nON YOUR CREDIT REPORT, YOU WILL BE PROVIDED A PERSONAL IDENTIFICATION\\nNUMBER OR PASSWORD TO USE IF YOU CHOOSE TO REMOVE THE FREEZE ON YOUR\\nCREDIT REPORT OR AUTHORIZE THE RELEASE OF YOUR CREDIT REPORT TO A\\nSPECIFIC PARTY OR FOR A PERIOD OF TIME AFTER THE FREEZE IS IN PLACE. TO\\nPROVIDE THAT AUTHORIZATION YOU MUST CONTACT THE CONSUMER CREDIT\\nREPORTING AGENCY AND PROVIDE ALL OF THE FOLLOWING:\\n (1) THE PERSONAL IDENTIFICATION NUMBER OR PASSWORD;\\n (2) PROPER IDENTIFICATION TO VERIFY YOUR IDENTITY; AND\\n (3) THE PROPER INFORMATION REGARDING THE PARTY OR PARTIES WHO ARE TO\\nRECEIVE THE CREDIT REPORT OR THE PERIOD OF TIME FOR WHICH THE REPORT\\nSHALL BE AVAILABLE TO USERS OF THE CREDIT REPORT.\\n A CONSUMER CREDIT REPORTING AGENCY MUST AUTHORIZE THE RELEASE OF YOUR\\nCREDIT REPORT NO LATER THAN THREE BUSINESS DAYS AFTER RECEIVING THE\\nABOVE INFORMATION. EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND NINE, A\\nCONSUMER CREDIT REPORTING AGENCY THAT RECEIVES A REQUEST VIA TELEPHONE\\nOR SECURE ELECTRONIC METHOD SHALL RELEASE A CONSUMER'S CREDIT REPORT\\nWITHIN FIFTEEN MINUTES WHEN THE REQUEST IS RECEIVED.\\n A SECURITY FREEZE DOES NOT APPLY TO CIRCUMSTANCES IN WHICH YOU HAVE AN\\nEXISTING ACCOUNT RELATIONSHIP AND A COPY OF YOUR REPORT IS REQUESTED BY\\nYOUR EXISTING CREDITOR OR ITS AGENTS OR AFFILIATES FOR CERTAIN TYPES OF\\nACCOUNT REVIEW, COLLECTION, FRAUD CONTROL OR SIMILAR ACTIVITIES.\\n IF YOU ARE ACTIVELY SEEKING CREDIT, YOU SHOULD UNDERSTAND THAT THE\\nPROCEDURES INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR\\nAPPLICATION FOR CREDIT. YOU SHOULD PLAN AHEAD AND LIFT A FREEZE, EITHER\\nCOMPLETELY IF YOU ARE SHOPPING AROUND, OR SPECIFICALLY FOR A CERTAIN\\nCREDITOR, BEFORE APPLYING FOR NEW CREDIT. WHEN SEEKING CREDIT OR\\nPURSUING ANOTHER TRANSACTION REQUIRING ACCESS TO YOUR CREDIT REPORT, IT\\nIS NOT NECESSARY TO RELINQUISH YOUR PIN OR PASSWORD TO THE CREDITOR OR\\nBUSINESS; YOU CAN CONTACT THE CONSUMER CREDIT REPORTING AGENCY DIRECTLY.\\nIF YOU CHOOSE TO GIVE OUT YOUR PIN OR PASSWORD TO THE CREDITOR OR\\nBUSINESS, IT IS RECOMMENDED THAT YOU OBTAIN A NEW PIN OR PASSWORD FROM\\nTHE CONSUMER CREDIT REPORTING AGENCY.\"\\n (2) If a consumer requests information about a security freeze, such\\nconsumer shall be provided with the notice set forth in paragraph one of\\nthis subdivision and with any other information necessary to place,\\ntemporarily lift or permanently lift a security freeze, including but\\nnot limited to the address, telephone number or point of contact at\\nwhich the consumer credit reporting agency receives such requests.\\n (r) When a consumer credit reporting agency erroneously releases a\\nconsumer credit report subject to a security freeze or any information\\ncontained in such consumer credit report, the consumer credit reporting\\nagency shall send written notification to the affected consumer within\\nthree business days following discovery or notification of such\\nerroneous release. Such notification shall also inform the consumer of\\nthe nature of the information released and identify and provide contact\\ninformation for the recipient of such information or consumer credit\\nreport.\\n (s) Whenever there shall be a violation of this section, application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan five thousand dollars for each violation. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-U", "title" : "Security record freeze for protected minors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2015-01-16", "2015-02-27" ], "docLevelId" : "380-U", "activeDate" : "2015-02-27", "sequenceNo" : 608, "repealedDate" : null, "fromSection" : "380-U", "toSection" : "380-U", "text" : " § 380-u. Security record freeze for protected minors. (a) A consumer\\ncredit reporting agency shall place a security freeze for a protected\\nconsumer if:\\n (1) The consumer credit reporting agency receives a request from the\\nprotected consumer's representative for the placement of the security\\nfreeze under this section; and\\n (2) The protected consumer's representative (i) submits the request to\\nthe consumer credit reporting agency at the address or other point of\\ncontact and in the manner specified by the consumer credit reporting\\nagency; (ii) provides to the consumer credit reporting agency sufficient\\nproof of identification of the protected consumer and the\\nrepresentative; (iii) provides to the consumer credit reporting agency\\nsufficient proof of authority to act on behalf of the protected\\nconsumer; and (iv) pays to the consumer credit reporting agency a fee,\\nif any, as provided in this section.\\n (b) If a consumer credit reporting agency does not have a file\\npertaining to a protected consumer when the consumer credit reporting\\nagency receives a request under subdivision (a) of this section, the\\nconsumer credit reporting agency shall create a record for the protected\\nconsumer.\\n (c) Within thirty days after receiving a request that meets the\\nrequirements of paragraph two of subdivision (a) of this section, a\\nconsumer credit reporting agency shall place a security freeze for the\\nprotected consumer on the record created for the protected consumer or\\non the file pertaining to the protected consumer in the event that the\\nconsumer reporting agency already has a file pertaining to the protected\\nconsumer.\\n (d) Unless a security freeze for a protected consumer is removed in\\naccordance with this section, a consumer credit reporting agency may not\\nrelease the protected consumer's consumer credit report, any information\\nderived from the protected consumer's consumer report, or any record\\ncreated for the protected consumer.\\n (e) A security freeze for a protected consumer placed under this\\nsection shall remain in effect until:\\n (1) The protected consumer or the protected consumer's representative\\nrequests the consumer credit reporting agency to remove the security\\nfreeze for a protected consumer in accordance with subdivision (f) of\\nthis section; or\\n (2) The security freeze is removed in accordance with subdivision (i)\\nof this section.\\n (f) If a protected consumer or a protected consumer's representative\\nwishes to remove a security freeze for the protected consumer, the\\nprotected consumer or the protected consumer's representative shall:\\n (1) Submit a request for the removal of the security freeze to the\\nconsumer credit reporting agency at the address or other point of\\ncontact and in the manner specified by the consumer credit reporting\\nagency;\\n (2) Provide to the consumer credit reporting agency: (i) in the case\\nof a request by the protected consumer: (A) proof that the sufficient\\nproof of authority for the protected consumer's representative to act on\\nbehalf of the protected consumer is no longer valid or that the\\nprotected consumer has attained the age of sixteen; and (B) sufficient\\nproof of identification of the protected consumer; or (ii) in the case\\nof a request by the representative of a protected consumer: (A)\\nsufficient proof of identification of the protected consumer and the\\nrepresentative; and (B) sufficient proof of authority to act on behalf\\nof the protected consumer; and (C) payment to the consumer credit\\nreporting agency of a fee, if any, as provided in subdivision (h) of\\nthis section.\\n (g) Within thirty days after receiving a request that meets the\\nrequirements of subdivision (f) of this section, the consumer credit\\nreporting agency shall remove the security freeze for the protected\\nconsumer.\\n (h)(1) A consumer credit reporting agency may charge a reasonable fee,\\nnot exceeding fifteen dollars, for each placement or removal of a\\nsecurity freeze for a protected consumer as provided for in subparagraph\\n(iv) of paragraph two of subdivision (a) or clause (C) of subparagraph\\n(ii) of paragraph two of subdivision (f) of this section. A consumer\\ncredit reporting agency shall not charge a fee for any other service\\nperformed under this section.\\n (2) Notwithstanding paragraph one of this subdivision, a consumer\\ncredit reporting agency may not charge any fee under this section if;\\n(i) the protected consumer's representative: (A) has obtained a report\\nof alleged identity theft or fraud against the protected consumer; and\\n(B) provides a copy of the report to the consumer credit reporting\\nagency; or (ii) the consumer credit reporting agency has a consumer\\ncredit report pertaining to the protected consumer.\\n (i) A consumer credit reporting agency shall remove a security freeze\\nfor a protected consumer, or delete a record of a protected consumer, if\\nthe security freeze was placed or the record was created based on a\\nmaterial misrepresentation of fact by the protected consumer or the\\nprotected consumer's representative.\\n (j) This section does not apply to:\\n (1) A person administering a credit file monitoring subscription\\nservice to which: (i) the protected consumer has subscribed; or (ii) the\\nrepresentative of the protected consumer has subscribed on behalf of the\\nprotected consumer;\\n (2) A person providing the protected consumer or the protected\\nconsumer's representative with a copy of the protected consumer's\\nconsumer credit report upon the request of the protected consumer or the\\nprotected consumer's representative;\\n (3)(i) An entity listed in paragraphs three through eight of\\nsubdivision (m) of section three hundred eighty-t of this article; (ii)\\nan entity listed in subdivision (p) of section three hundred eighty-t of\\nthis article; or (iii) a consumer credit reporting agency's database or\\nfile that consists of information concerning, and used for, one or more\\nof the following: criminal record information, fraud prevention or\\ndetection, personal loss history information, and employment, tenant, or\\nbackground screening.\\n (k) Notwithstanding any other provision of law, the exclusive remedy\\nfor a violation of this section shall be in an action commenced by the\\nattorney general.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "380-V", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-11-28", "2014-12-05", "2015-01-16" ], "docLevelId" : "380-V", "activeDate" : "2015-01-16", "sequenceNo" : 609, "repealedDate" : null, "fromSection" : "380-V", "toSection" : "380-V", "text" : " § 380-v. Severability. If any provision of this article or the\\napplication thereof to any person or circumstances is held to be\\ninvalid, such invalidity shall not affect other provisions or\\napplications of this article which can be given effect without the\\ninvalid provision or application, and to this end the provisions of this\\narticle are severable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 23 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A25-A", "title" : "Articles of Bedding", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-12-01" ], "docLevelId" : "25-A", "activeDate" : "2017-12-01", "sequenceNo" : 610, "repealedDate" : null, "fromSection" : "383", "toSection" : "389-C", "text" : " ARTICLE 25-A\\n ARTICLES OF BEDDING\\nSection 383. Definitions.\\n 384. Registration of manufacturers of new bedding.\\n 385. Registration of manufacturers of used bedding and\\n repairer-renovators or rebuilders of bedding.\\n 385-a. Registration of sellers of used bedding.\\n 385-b. Transport, storage and sale of used bedding.\\n 386. Fees.\\n 387. Inspections.\\n 388. Suspension and revocation of registrations.\\n 389. Deceptive acts or practices prohibited.\\n 389-a. Label requirements for used bedding.\\n 389-b. Label requirements for new bedding.\\n 389-c. Special application of section three hundred forty-nine\\n of this chapter.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "383", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-06-01" ], "docLevelId" : "383", "activeDate" : "2018-06-01", "sequenceNo" : 611, "repealedDate" : null, "fromSection" : "383", "toSection" : "383", "text" : " § 383. Definitions. For the purposes of this article:\\n 1. \"Bedding\" shall mean any mattress or box spring which can be used\\nby any human being for sleeping or reclining purposes;\\n 2. \"New\" shall mean any material or article which has not been\\npreviously used for any purpose, including by-products produced in the\\nmanufacture of new fabric, and material reclaimed from new fabric;\\n 3. \"Used\" shall mean any components, articles or materials from\\nbedding not classified as new.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "384", "title" : "Registration of manufacturers of new bedding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "384", "activeDate" : "2014-09-22", "sequenceNo" : 612, "repealedDate" : null, "fromSection" : "384", "toSection" : "384", "text" : " § 384. Registration of manufacturers of new bedding. 1. Every\\nmanufacturer of new bedding sold in this state shall file a notice with\\nthe department of state which: (a) states its name and address; and (b)\\naffirms that it uses new material when it manufactures new bedding.\\n 2. Each registration shall expire one year from the date of issue.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "385", "title" : "Registration of manufacturers of used bedding and repairer-renovators or rebuilders of bedding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "385", "activeDate" : "2014-09-22", "sequenceNo" : 613, "repealedDate" : null, "fromSection" : "385", "toSection" : "385", "text" : " § 385. Registration of manufacturers of used bedding and\\nrepairer-renovators or rebuilders of bedding. 1. Every manufacturer of\\nused bedding sold in this state and repairer-renovator or rebuilder of\\nbedding sold in this state shall file a notice with the department of\\nstate which: (a) states its name and address; and (b) affirms that it\\nsanitizes its used bedding in accordance with the standards established\\nin regulation by the department of state in consultation with the\\ndepartment of health.\\n 2. Each registration shall expire one year from the date of issue.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "385-A", "title" : "Registration of sellers of used bedding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "385-A", "activeDate" : "2014-09-22", "sequenceNo" : 614, "repealedDate" : null, "fromSection" : "385-A", "toSection" : "385-A", "text" : " § 385-a. Registration of sellers of used bedding. 1. Every person\\nengaged in the sale of used bedding, including any mattress or boxspring\\nwhich in its entirety is used and not repaired or renovated, shall file\\na notice with the department of state which: (a) states such person's\\nname and address; and (b) affirms that such used bedding has been\\nsanitized in accordance with the standards established in regulation by\\nthe department of state in consultation with the department of health.\\n 2. The provisions of this section shall not apply to a person selling\\nused bedding in a private sale from his or her home directly to the\\nconsumer.\\n 3. Each registration shall expire one year from the date of issue.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "385-B", "title" : "Transport, storage and sale of used bedding", "docType" : "SECTION", "publishedDates" : [ "2017-12-01", "2018-06-01" ], "docLevelId" : "385-B", "activeDate" : "2018-06-01", "sequenceNo" : 615, "repealedDate" : null, "fromSection" : "385-B", "toSection" : "385-B", "text" : " § 385-b. Transport, storage and sale of used bedding. 1. No used\\nbedding shall be in direct contact with new bedding in a storage\\nwarehouse, or stored or sold with new bedding unless the used bedding\\nhas been sanitized in accordance with the standards established in\\nregulation by the department of state pursuant to section three hundred\\neighty-five of this article.\\n 2. No used bedding shall be transported with new bedding unless the\\nused bedding has been sanitized in accordance with the standards\\nestablished in regulation by the department of state pursuant to section\\nthree hundred eighty-five of this article or enclosed in non-permeable\\nplastic, polyethylene film or similar material designed to prevent the\\npassage of contaminants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "386", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "386", "activeDate" : "2014-09-22", "sequenceNo" : 616, "repealedDate" : null, "fromSection" : "386", "toSection" : "386", "text" : " § 386. Fees. 1. Every manufacturer of new or used bedding and each\\nrepairer-renovator or rebuilder of bedding shall pay a registration fee\\nof one hundred fifty dollars to the department of state.\\n 2. Every person engaged in the sale of used bedding shall pay a\\nregistration fee of one hundred dollars to the department of state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "387", "title" : "Inspections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2018-04-27", "2018-06-01" ], "docLevelId" : "387", "activeDate" : "2018-06-01", "sequenceNo" : 617, "repealedDate" : null, "fromSection" : "387", "toSection" : "387", "text" : " § 387. Inspections. Every place where articles of bedding are made,\\nremade or renovated, or materials therefor are prepared or sterilized,\\nor where such articles or materials are sold, shall be subject to\\ninspection by the secretary of state who shall have power to inspect the\\nmanufacture, sale or delivery, and sanitization of all articles or\\nmaterials covered by this article, to open and examine the contents\\nthereof and power to seize and hold for evidence any article of bedding,\\nin whole or in part, which the secretary has reason to believe is made\\nor sold or held in possession in violation of this article. The\\nfrequency of such inspections shall be at the discretion of the\\nsecretary of state. For the purpose of administering and enforcing the\\nprovisions of this article the secretary shall have and may use the\\npowers conferred on him by the executive law in addition to the powers\\nconferred in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "388", "title" : "Suspension and revocation of registrations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "388", "activeDate" : "2014-09-22", "sequenceNo" : 618, "repealedDate" : null, "fromSection" : "388", "toSection" : "388", "text" : " § 388. Suspension and revocation of registrations. The secretary of\\nstate shall have the power to revoke or suspend any registration or deny\\nany registration upon proof (a) that the applicant or registrant has\\nviolated any of the provisions of this article or the rules and\\nregulations promulgated hereunder; (b) that the applicant or registrant\\nhas practiced fraud, deceit or misrepresentation; or (c) that the\\napplicant or registrant has made a false statement in the notice of\\nregistration.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389", "title" : "Deceptive acts or practices prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389", "activeDate" : "2014-09-22", "sequenceNo" : 619, "repealedDate" : null, "fromSection" : "389", "toSection" : "389", "text" : " § 389. Deceptive acts or practices prohibited. It shall be a deceptive\\nact or practice and unlawful, under section three hundred forty-nine of\\nthis chapter, for any merchant, as defined in section 2-104 of the\\nuniform commercial code, to manufacture, rebuild or sell bedding in this\\nstate that contains any used material, or to sell any mattress or\\nboxspring which is made, in whole or part, from used materials, unless\\nit bears a conspicuous yellow label notifying the consumer of that fact.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-A", "title" : "Label requirements for used bedding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-A", "activeDate" : "2014-09-22", "sequenceNo" : 620, "repealedDate" : null, "fromSection" : "389-A", "toSection" : "389-A", "text" : " § 389-a. Label requirements for used bedding. The label indicating\\nthat an article of bedding contains used material, in whole or in part,\\nshall be at least fifteen square inches in area, contain the phrase\\n\"used material\" or \"used bedding\", as the case may be, in prominent\\nprint, be yellow in color, and be stitched or otherwise securely\\nattached to the bedding in such a manner that it may be seen by\\nconsumers prior to purchase.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-B", "title" : "Label requirements for new bedding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-B", "activeDate" : "2014-09-22", "sequenceNo" : 621, "repealedDate" : null, "fromSection" : "389-B", "toSection" : "389-B", "text" : " § 389-b. Label requirements for new bedding. The label indicating that\\nan article of bedding contains new material must be at least six square\\ninches in area, contain the phrase \"new material\" in prominent print,\\nand be stitched or otherwise securely attached to the bedding in such a\\nmanner that it may be seen by consumers prior to purchase.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-C", "title" : "Special application of section three hundred forty-nine of this chapter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-C", "activeDate" : "2014-09-22", "sequenceNo" : 622, "repealedDate" : null, "fromSection" : "389-C", "toSection" : "389-C", "text" : " § 389-c. Special application of section three hundred forty-nine of\\nthis chapter. In addition to the power set forth in subdivision (b) of\\nsection three hundred forty-nine of this chapter, the attorney general\\nshall have the power to assess a fine of up to one thousand dollars for\\neach violation of this article; and the defense under subdivision (d) of\\nsection three hundred forty-nine of this chapter shall not be available\\nin connection with any violation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A25-B", "title" : "Use of Safety Glazing Materials", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "25-B", "activeDate" : "2014-09-22", "sequenceNo" : 623, "repealedDate" : null, "fromSection" : "389-M", "toSection" : "389-R", "text" : " ARTICLE 25-B\\n USE OF SAFETY GLAZING MATERIALS\\nSection 389-m. Definitions.\\n 389-n. Labeling required.\\n 389-o. Safety glazing materials required.\\n 389-p. Employees not covered.\\n 389-q. Penalty.\\n 389-r. Local ordinances.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-M", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-M", "activeDate" : "2014-09-22", "sequenceNo" : 624, "repealedDate" : null, "fromSection" : "389-M", "toSection" : "389-M", "text" : " § 389-m. Definitions. As used in this article, the following words and\\nphrases shall have the following meanings:\\n (1) \"Safety glazing material\". Any glazing material, such as tempered\\nglass, laminated glass, wire glass or rigid plastic, which meets the\\ntest requirements of the American National Standards Institute Standard\\n(ANSI Z-97.1-1972), and which are so constructed, treated or combined\\nwith other materials as to minimize the likelihood of cutting and\\npiercing injuries resulting from human contact with the glazing\\nmaterial.\\n (2) \"Hazardous locations\". Those structural elements, glazed or to be\\nglazed, in industrial, commercial and public buildings known as framed\\nor unframed glass entrance doors; and those structural elements, glazed\\nor to be glazed in residential buildings and other structures used as\\ndwellings, industrial buildings, commercial buildings and public\\nbuildings, known as sliding glass doors, storm doors except operating\\nvents only on jalousie type doors, shower doors, bathtub enclosures and\\nthose fixed glazed panels immediately adjacent to entrance and exit\\ndoors which may be mistaken for doors; whether or not the glazing in\\nsuch doors, panels and enclosures is transparent.\\n (3) \"Fixed glazed panels immediately adjacent to entrance and exit\\ndoors\". Means the first fixed glazed panel on either or both sides of\\nthe doors, forty-eight inches or less in width, within six feet\\nhorizontally of the nearest vertical edge of the door.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-N", "title" : "Labeling required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-N", "activeDate" : "2014-09-22", "sequenceNo" : 625, "repealedDate" : null, "fromSection" : "389-N", "toSection" : "389-N", "text" : " § 389-n. Labeling required. (l) Each light of safety glazing material\\nmanufactured, distributed, imported, or sold for use in hazardous\\nlocations or installed in such a location within the state of New York\\nshall be permanently labeled by such means as etching, sandblasting,\\nfiring of ceramic material, hot-die stamping on the safety glazing\\nmaterial, or by other suitable means. The label shall identify the\\nmanufacturer, and the nominal thickness and the type of safety glazing\\nmaterial and the fact that said material meets the test requirements of\\nthe American National Standards Institute Standard ANSI Z-97.1-1971.\\n The label must be legible after installation.\\n (2) Such safety glazing labeling shall not be used on other than\\nsafety glazing materials.\\n (3) Permanent labeling of wire glass, laminated glass and rigid\\nplastics shall not be required where the seller or installer of such\\nwire glass furnishes each buyer thereof a certificate stating that such\\nwire glass meets the test requirements of the American National\\nStandards Institute Standard ANSI Z-97.1-1972.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-O", "title" : "Safety glazing materials required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-O", "activeDate" : "2014-09-22", "sequenceNo" : 626, "repealedDate" : null, "fromSection" : "389-O", "toSection" : "389-O", "text" : " § 389-o. Safety glazing materials required. It shall be unlawful\\nwithin the state of New York to knowingly sell, fabricate, assemble,\\nglaze, install, consent or cause to be installed glazing materials other\\nthan safety glazing materials in or for use in, any \"hazardous\\nlocations\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-P", "title" : "Employees not covered", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-P", "activeDate" : "2014-09-22", "sequenceNo" : 627, "repealedDate" : null, "fromSection" : "389-P", "toSection" : "389-P", "text" : " § 389-p. Employees not covered. No liability under this article shall\\nbe created as to workmen who are employees of a contractor,\\nsubcontractor, or other employer responsible for compliance with the\\nprovisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-Q", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-Q", "activeDate" : "2014-09-22", "sequenceNo" : 628, "repealedDate" : null, "fromSection" : "389-Q", "toSection" : "389-Q", "text" : " § 389-q. Penalty. Violation of or noncompliance with the provisions of\\nthis article shall be a misdemeanor punishable by a fine of not less\\nthan five hundred dollars nor more than ten thousand dollars or by\\nimprisonment for one year or by both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "389-R", "title" : "Local ordinances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389-R", "activeDate" : "2014-09-22", "sequenceNo" : 629, "repealedDate" : null, "fromSection" : "389-R", "toSection" : "389-R", "text" : " § 389-r. Local ordinances. This article and the provisions contained\\ntherein shall supersede any special law, local law or ordinances\\ninconsistent therewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A26", "title" : "Miscellaneous", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-11-28", "2015-01-02", "2015-12-18", "2016-01-01", "2016-09-30", "2016-11-11", "2019-07-19", "2019-08-16", "2019-08-30", "2019-10-18", "2020-04-17", "2020-05-01", "2020-10-16", "2021-04-23", "2021-05-14", "2021-05-21", "2021-06-11", "2021-10-29", "2021-11-12", "2021-11-19", "2021-12-24", "2022-03-11", "2022-06-10", "2022-07-08", "2022-07-22", "2022-10-21", "2022-12-16", "2022-12-23", "2023-01-06", "2023-01-20", "2023-05-12", "2023-09-15", "2023-09-22", "2023-10-27", "2023-11-26", "2023-12-29", "2024-02-09", "2024-07-19", "2024-11-29", "2024-12-13", "2024-12-20", "2024-12-27", "2025-02-21", "2025-11-28", "2025-12-19", "2025-12-26", "2026-03-13", "2026-05-29", "2026-06-12" ], "docLevelId" : "26", "activeDate" : "2021-04-23", "sequenceNo" : 630, "repealedDate" : null, "fromSection" : "390", "toSection" : "399-ZZZZZ*2", "text" : " ARTICLE 26\\n MISCELLANEOUS\\nSection 390. Substitution of spurious oils for internal\\n combustion engines.\\n 390-a. Optical discs; requirements.\\n 390-b. Anti-phishing act of 2006.\\n 390-bb. Cramming prohibited.\\n 390-c. Prohibit persons under eighteen years of age in\\n certain facilities.\\n 390-c*2. Posting of warnings by commercial entities offering\\n internet access to the public.\\n 391. Marking retreaded, recapped or recut tires.\\n 391-a. Unlawful acts relating to liquid fuels, lubricating\\n oils and similar products.\\n 391-b. Prohibit any sale of dangerous clothing articles.\\n 391-c. Sale of bicycles.\\n 391-d. Sale of matchbooks.\\n 391-e. Promotion of camps by certain organizations.\\n 391-f. Promotion of private schools by certain\\n organizations.\\n 391-g. Rental of motor vehicles; discrimination on the\\n basis of age prohibited.\\n 391-h. Lubricating oils; container; notice required.\\n 391-i. Sale of urea-formaldehyde foam insulation; notice.\\n 391-j. Sale of fire extinguishers.\\n 391-k. Automatic garage door opening systems.\\n 391-l. Personal emergency response service agreements;\\n required cancellation provisions.\\n 391-l*2. Rental of motor vehicles; discrimination on the\\n basis of credit card ownership.\\n 391-m. Manufacture and sale of in-line skates; regulation\\n of.\\n 391-n. Sale of reptiles; notice.\\n 391-o. Sale or promotional distribution of dietary\\n supplements containing ephedra.\\n 391-p. Prohibit the rental of clothing articles previously\\n worn.\\n 391-q. Rebates.\\n 391-r. Restricted access to retail sale of ipecac.\\n 391-s. Restricted access to retail sale of\\n dextromethorphan, commonly known as \"dxm\".\\n 391-s*2. Sale and distribution of novelty lighters\\n prohibited.\\n 391-t. Sale of small animals; instructions on care.\\n 391-u. Pricing goods and services on the basis of gender\\n prohibited.\\n 391-u*2. Restrictions on the sale and use of firefighting\\n equipment containing PFAS chemicals.\\n 392. Second-hand watches.\\n 392-a. Sale of new computers.\\n 392-b. False labels and misrepresentations.\\n 392-c. Obliteration of marks of origin.\\n 392-d. Using false marks as to manufacture.\\n 392-e. Using false statements or altering mileage\\n registering devices.\\n 392-f. Taximeters.\\n 392-g. Sale of ultraviolet radiation devices.\\n 392-h. Trash receptacles; dumpsters.\\n 392-i. Prices reduced to reflect change in sales tax\\n computation.\\n 392-j. Sales of sparkling devices.\\n 393. Lime; standard barrels.\\n 393-a. Non fire rated wood paneling.\\n 393-b. Written solicitation.\\n 393-c. Sale of required labor postings.\\n 393-d. Sale of certified copies of property deeds.\\n 393-e. Sale of abandoned property location services.\\n 394. Lost or destroyed certificate of stock.\\n 394-a. Proof of lost negotiable paper.\\n 394-b. Limitations on certain contracts for instruction or\\n use of physical or social training facilities.\\n 394-c. Limitations on certain contracts involving social\\n referral services.\\n 394-cc. Internet dating safety.\\n 394-d. Privity of contract between franchise seller and\\n customer or patron of dealer.\\n 394-e. Report on request for abortional services.\\n 395. Required disclosure of prior use.\\n 395-a. Maintenance agreements.\\n 395-b. Unlawfully installing or maintaining a two-way\\n mirror or other viewing device.\\n 396. Unlawful selling practices.\\n 396-a. Representation by savings and loan association of\\n insurance on accounts.\\n 396-aa. Simulated check.\\n 396-aa*2. Unsolicited telefacsimile advertising.\\n 396-b. Advertisements.\\n 396-bb. Sale of motor fuels to disabled persons.\\n 396-c. Advertisements by persons engaged in dental\\n business relating to dentures and bridges.\\n 396-cc. Notification of enclosure requirements for swimming\\n pools.\\n 396-cc*2. Senior citizen discounts.\\n 396-d. Advertisement and description of real property.\\n 396-dd. Renting of horses; helmets and safety information.\\n 396-e. Marking articles made of linen.\\n 396-ee. Sale of certain weapons; locking devices therefor.\\n 396-f. Sale of blind made products.\\n 396-g. Sale of products processed by the blind.\\n 396-h. Fraudulent sale of poppies, forget-me-nots,\\n daisies, flags and other articles sold for\\n patriotic purposes.\\n 396-hh. Sale of poppies, forget-me-nots, daisies, flags and\\n other articles for patriotic purposes.\\n 396-i. Acceptance of unexpired gift certificates.\\n 396-j. Sale or possession of master or manipulative keys\\n for motor vehicles.\\n 396-k. Hazardous toys and other articles intended\\n primarily for use by children; prohibition and\\n enforcement.\\n 396-k*2. Sale of certain motor vehicles damaged by the\\n ravages of natural disaster.\\n 396-kk. Sale of video game consoles.\\n 396-l. Shopping carts; child protective devices.\\n 396-m. Mail-order or telephone-order merchandise.\\n 396-mm. Unlawful trial offers.\\n 396-n. Sales with \"money back guarantee\" and with \"limited\\n guarantee\".\\n 396-o. Sales by persons offering credits or refunds in\\n certain cases.\\n 396-p. Rates to be posted in taxicabs; certain charges\\n prohibited.\\n 396-p*2. Contracts for the sale of new motor vehicles.\\n 396-q. New motor vehicles; sales and leases.\\n 396-qq. New and used motor vehicles; sales and leases.\\n 396-r. Price gouging.\\n 396-rr. Price gouging; milk.\\n 396-s. Individual sewage disposal system; information to\\n vendees of newly constructed homes.\\n 396-ss. Access number notification.\\n 396-t. Unlawful practices relating to layaway plans.\\n 396-tt. Listing of business location in directory or\\n database.\\n 396-u. Merchandise delivery.\\n 396-v. Operation of public automated blood pressure\\n machines.\\n 396-w. Loitering for the purpose of soliciting passengers\\n for transportation.\\n 396-x. Gasoline stations; air pumps required.\\n 396-x*2. Unauthorized removal or destruction of newspapers.\\n 396-y. Sale of certain personal property; incentives;\\n disclosure of value.\\n 396-z. Rental vehicle protections.\\n 397. Unlawful use of name or other identification of\\n certain non-profit organizations.\\n 397-a. Distributing unsolicited advertising on private\\n property prohibited; certain cities.\\n 398. Bills of lading to be issued by vessels\\n transporting merchandise within the state.\\n 398-a. Shipment of motor vehicles outside the continental\\n United States.\\n 398-b. Discrimination in car rentals prohibited.\\n 398-c. Children attending roller skating rinks and indoor\\n ice skating rinks under certain conditions.\\n 398-d. Disposal of abandoned molds.\\n 398-e. Indemnity provision in motor carrier transportation\\n contracts.\\n 398-f. Children's non-regulated camp.\\n 399. Cigarette package labeling.\\n 399-a. Pay toilets; prohibition.\\n 399-aa. Prohibition of the selling of fur, hair, skin or\\n flesh of a dog or cat.\\n 399-aaa. Selling and manufacturing of fur-bearing articles\\n of clothing.\\n 399-aaaa. Menstrual product labeling.\\n 399-b. Contracts for the use of the streets for hack\\n stands.\\n 399-bb. Certain dry cleaning institutions; option for six\\n months donation of articles of clothing.\\n 399-bbb. Solicitations by container; disclosures.\\n 399-c. Mandatory arbitration clauses in certain consumer\\n contracts prohibited.\\n 399-cc. Wireless telephone numbers.\\n 399-cc*2. Transcripts and stenographic services.\\n 399-ccc. Smoke detecting devices.\\n 399-d. Children attending public bowling alleys under\\n certain conditions.\\n 399-dd. Sale of alcohol vaporizing devices prohibited.\\n 399-dd*2. Construction or installation of playground or\\n playground equipment.\\n 399-dd*3. Consumer communications records privacy.\\n 399-ddd. Confidentiality of social security account number.\\n 399-ddd*2. Disclosure of social security number.\\n 399-e. Prohibition of the importation, manufacturing,\\n distribution, or sale of yo-yo waterball toys.\\n 399-e*2. Actions.\\n 399-ee. Zone pricing of gasoline prohibited.\\n 399-f. Laundromat refund procedures.\\n 399-ff. Petting zoos.\\n 399-g. Labeling of solder.\\n 399-gg. Packaging of electronic liquid.\\n 399-h. Disposal of records containing personal identifying\\n information.\\n 399-i. Prohibit the sale of unsafe cribs and restrict use\\n of such cribs in certain settings.\\n 399-ii. Furniture tip restraint device.\\n 399-ii*2. Prohibit the sale of crib bumper pads and restrict\\n use of such pads in certain settings.\\n 399-j. Safety standards; moveable soccer goals.\\n 399-m. Disclosures in advertisement and sale of\\n unassembled goods.\\n 399-n. Approval of electrical devices.\\n 399-o. Selling prices and container deposits.\\n 399-oo. Deceptive solicitation of vehicle warranty\\n policies.\\n 399-p. Telemarketing; use of automatic dialing-announcing\\n devices and placement of consumer telephone\\n calls.\\n 399-pp. Telemarketing and consumer fraud and abuse\\n prevention act.\\n 399-q. Use of carts, cases, trays, baskets, boxes and\\n other containers.\\n 399-qq. Sale or promotional distribution of utility knives,\\n box cutters, or box cart cutters.\\n 399-r. Sale of paint pellet guns.\\n 399-s. Posting of notice when air rifles or guns are sold.\\n 399-t. Sale of certain chlorofluorocarbons and halons\\n prohibited.\\n 399-t*2. Vending machine disclosure.\\n 399-u. Motor vehicle alarms.\\n 399-v. Parking facilities; towing of vehicles, posting of\\n notices.\\n 399-w. Total loss notice and waiver of the gap amount for\\n non-motor vehicle retail lease agreements.\\n 399-w*2. Notice requirements for renters of personal\\n property.\\n 399-x. Towed motor vehicles.\\n 399-xx. Towing of motor vehicles; credit cards; statewide.\\n 399-y. Child safety devices for hot water dispensers.\\n 399-y*2. Automated teller machine fee disclosure.\\n 399-y-1. Automated teller machines transaction denial; fees\\n prohibited.\\n 399-yy. Cable television company providing telephone\\n services.\\n 399-yyy. Satellite television company providing television\\n and/or telephone services.\\n 399-z. Telemarketing; establishment of no telemarketing\\n sales calls statewide registry; authorization of\\n the transfer of telephone numbers on the no\\n telemarketing sales calls statewide registry to\\n the national \"do-not-call\" registry.\\n 399-zz. Telephone bills.\\n 399-zzz. Prohibition of certain fee charges.\\n 399-zzzz. Prohibition of certain fee charges for termination\\n or early cancellation.\\n 399-zzzzz. Broadband service for low-income consumers.\\n 399-zzzzz*2. Prohibition of certain broadband terminations or\\n disconnections.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "390", "title" : "Substitution of spurious oils for internal combustion engines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390", "activeDate" : "2014-09-22", "sequenceNo" : 631, "repealedDate" : null, "fromSection" : "390", "toSection" : "390", "text" : " § 390. Substitution of spurious oils for internal combustion engines.\\nIt shall be unlawful for any person, firm or corporation to fill with a\\nspurious or substitute article any order for a lubricating oil for an\\ninternal combustion engine, if such oil ordered is designated by a\\ntrademark or distinctive trade name, unless and until it is explained to\\nthe person giving the order that the article offered is not the article\\nthat he has ordered, and the purchaser shall thereupon elect to take the\\nsubstitute article that is being offered to him. Any person violating\\nthis section, and any person, firm or corporation whose servant, agent\\nor other employee violates this section in the course of his employment,\\nshall forfeit to the manufacturer whose product was ordered, or to the\\nproprietor of the trademark or trade name by which the article ordered\\nwas designated by the purchaser, as the case may be, one hundred\\ndollars, for each such offense, to be recovered by suit by the person,\\nfirm or corporation claiming the penalty, against the person, firm or\\ncorporation from whom the penalty is claimed. Nothing in this section\\nshall lessen, impeach, or avoid any remedy at law or in equity which the\\nparty aggrieved might have had if this section had not been enacted, and\\nnothing herein contained shall prevent or avoid or defeat any\\nprosecution under any of the existing penal, trademark or other statutes\\nof this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "390-A", "title" : "Optical discs; requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-A", "activeDate" : "2014-09-22", "sequenceNo" : 632, "repealedDate" : null, "fromSection" : "390-A", "toSection" : "390-A", "text" : " § 390-a. Optical discs; requirements. 1. For purposes of this section,\\nthe following terms shall have the following meanings:\\n (a) \"Optical disc\" is a disc capable of being read by a laser or other\\nlight source on which data is stored in digital form. An optical disc\\nshall include, but not be limited to, discs known as compact discs\\n(CDs), recordable compact discs (CD-R's), and digital video discs\\n(DVDs), or related mastering source materials heretofore or hereafter\\ndeveloped.\\n (b) \"Manufacturer\" shall mean a person who replicates the physical\\noptical disc or produces the master used in any optical disc replication\\nprocess. A manufacturer shall not include a person who manufactures\\noptical discs for internal use, testing, or review, or a person who\\nmanufactures blank optical discs.\\n (c) \"Commercial purposes\" shall mean the production of at least ten of\\nthe same or different optical discs in a one hundred eighty day period,\\nby storing information on the disc, and for the purpose of resale,\\nwhether by that person or by another.\\n (d) \"Identification mark\" shall mean the actual name of the\\nmanufacturer and the state in which the optical disc was manufactured,\\nor alternatively a unique identifier that will allow law enforcement to\\ndetermine the place at which an optical disc was manufactured.\\n (e) \"Person\" shall include an individual, partnership, limited\\nliability company, corporation, association, or any officer, employee or\\nagent thereof.\\n 2. Every person who manufactures an optical disc for commercial\\npurposes shall permanently mark each manufactured optical disc with an\\nidentification mark. The identification mark shall be affixed by\\nmolding, diestamping, etching, or other permanent method in a manner\\nwhich is clearly visible without the aid of magnification or special\\ndevices.\\n 3. No person shall knowingly remove, deface, cover, alter, or destroy\\nthe identification mark required by this section.\\n 4. (a) No person shall, for the purpose of sale or rental, buy, sell,\\nreceive, transfer, or possess an optical disc knowing the identification\\nmark of the manufacturer has been removed, defaced, covered, altered or\\ndestroyed.\\n (b) No person shall, for the purpose of sale or rental, buy, sell,\\nreceive, transfer or possess an optical disc knowing it was manufactured\\nin New York without the identification mark required by this section, or\\nknowing that it was manufactured in New York with a false identification\\nmark.\\n 5. (a) Any violation of subdivision two of this section shall be\\npunishable as a class B misdemeanor. A second or subsequent violation of\\nsuch subdivision shall be punishable as a class A misdemeanor.\\n (b) Any violation of subdivision three or four of this section shall\\nbe punishable as a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "390-B", "title" : "Anti-phishing act of 2006", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-B", "activeDate" : "2014-09-22", "sequenceNo" : 633, "repealedDate" : null, "fromSection" : "390-B", "toSection" : "390-B", "text" : " § 390-b. Anti-phishing act of 2006. 1. This section shall be known as\\nand may be cited as the \"anti-phishing act of 2006\".\\n 2. For purposes of this section, the following terms shall have the\\nfollowing meanings:\\n (a) The term \"electronic message\" means a message sent or posted to a\\nunique destination, commonly expressed as a string of characters,\\nconsisting of a unique user name or mailbox (commonly referred to as the\\n\"local part\") and a reference to an internet domain (commonly referred\\nto as the \"domain part\"), whether or not displayed, to which an\\nelectronic message can be sent, delivered or posted.\\n (b) The term \"identifying information\" means an individual's (1)\\nsocial security number; (2) driver's license number; (3) bank account\\nnumber; (4) credit or debit card number; (5) personal identification\\nnumber (PIN); (6) automated or electronic signature; (7) unique\\nbiometric data; (8) account passwords; or (9) any other piece of\\ninformation that can be used to access an individual's financial\\naccounts or to obtain goods or services.\\n (c) The term \"internet\" means collectively the myriad of computer and\\ntelecommunications facilities, including equipment and operating\\nsoftware, which comprise the interconnected world-wide network of\\nnetworks that employ the transmission control protocol/internet\\nprotocol, or any predecessor or successor protocols to such protocol, to\\ncommunicate information of all kinds by wire or radio.\\n (d) The term \"web page\" means a location, with respect to the world\\nwide web, that has a single uniform resource locator or other single\\nlocation with respect to the internet.\\n 3. It is unlawful for any person, by means of a web page, electronic\\nmessage, or other use of the internet to solicit, request or collect\\nidentifying information by deceptively representing himself or herself,\\neither directly or by implication, to be a business or a governmental\\nentity and doing so without the authority or approval of such business\\nor such governmental entity.\\n 4. (a) The attorney general, or any person who either is engaged in\\nthe business of providing internet access service to the public or owns\\na web page or trademark and who is adversely affected by reason of a\\nviolation of the provisions of subdivision three of this section, may\\nbring an action against a person who violates the provisions of\\nsubdivision three of this section:\\n (1) to enjoin further violation of the provisions of subdivision three\\nof this section; and\\n (2) to recover the greater of:\\n (A) actual damages; or\\n (B) one thousand dollars for each instance in which identifying\\ninformation is solicited, requested or collected from a person in\\nviolation of the provisions of subdivision three of this section.\\n (b) In an action under paragraph (a) of this subdivision, a court may:\\n (1) increase the damages up to three times the damages allowed by\\nparagraph (a) of this subdivision where the defendant has been found to\\nhave engaged in a pattern and practice of violating the provisions of\\nsubdivision three of this section; and\\n (2) award costs and reasonable attorney's fees to a prevailing party.\\n 5. Nothing in this section shall in any way limit rights or remedies\\nwhich are otherwise available under law to the attorney general or any\\nother person authorized to bring an action under subdivision four of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "390-BB", "title" : "Cramming prohibited", "docType" : "SECTION", "publishedDates" : [ "2020-10-16", "2021-04-09" ], "docLevelId" : "390-BB", "activeDate" : "2021-04-09", "sequenceNo" : 634, "repealedDate" : null, "fromSection" : "390-BB", "toSection" : "390-BB", "text" : " § 390-bb. Cramming prohibited. 1. For the purposes of this section,\\n\"cramming\" means the inclusion and imposition of charges on the invoice\\nor bill for telephone service to a customer from a cable television\\ncompany, as defined in section two hundred twelve of the public service\\nlaw, that provides telephone service to customers in New York, at the\\nrequest of a third party or billing aggregator that (a) were not\\nauthorized by the customer, or (b) if authorized, were obtained through\\nmisleading or deceptive means.\\n 2. A customer shall not be liable for charges appearing on the invoice\\nor bill of a cable television company for telephone service that are the\\nresult of cramming. No charges for any products or services, other than\\nthose provided by the cable television company, its affiliates, a third\\nparty video provider with whom a cable television company or its\\naffiliate jointly market services, or otherwise permitted by law, shall\\nbe included on any bill or invoice for telephone service, unless the\\nthird party requesting the payment of such charges retains and provides\\nupon request valid proof that:\\n (a) the customer was provided with clear and conspicuous disclosure of\\nall material terms and conditions of the product or service being\\noffered, including but not limited to all initial and recurring charges\\nand the fact that such charges shall appear on the customer's telephone\\nservice bill;\\n (b) after receiving clear and conspicuous disclosure as provided in\\nparagraph (a) of this subdivision, the customer explicitly consented to\\nthe nature and amount of such charges; and\\n (c) the third party offering the product or service or an agent of\\nsuch third party provided the customer with a toll-free telephone number\\nthe customer may call and an address to which the customer may write to\\nresolve any billing dispute.\\n 3. Any charges for third party products or services that are included\\non a bill or invoice for telephone service by a cable television company\\nwithout the consent of the customer having been obtained as provided in\\nsubdivision two of this section shall be void and unenforceable, and\\nshall be removed from the bill or invoice upon notice from such\\ncustomer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "390-C", "title" : "Prohibit persons under eighteen years of age in certain facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-C", "activeDate" : "2014-09-22", "sequenceNo" : 635, "repealedDate" : null, "fromSection" : "390-C", "toSection" : "390-C", "text" : " * § 390-c. Prohibit persons under eighteen years of age in certain\\nfacilities. 1. No person under the age of eighteen years shall be\\nadmitted to any portion of a facility open to the public wherein\\nperformers appear and dance or otherwise perform unclothed, under\\ncircumstances where viewing such dancing or performance would be harmful\\nto such person, in the manner described in subdivision six of section\\n235.20 of the penal law.\\n 2. Any operator of a facility described in subdivision one of this\\nsection who knowingly violates the provisions of such subdivision shall\\nbe subject to a civil penalty of up to five hundred dollars.\\n * NB There are 2 § 390-c's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "390-C*2", "title" : "Posting of warnings by commercial entities offering internet access to the public", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-C*2", "activeDate" : "2014-09-22", "sequenceNo" : 636, "repealedDate" : null, "fromSection" : "390-C*2", "toSection" : "390-C*2", "text" : " * § 390-c. Posting of warnings by commercial entities offering\\ninternet access to the public. 1. For the purposes of this section, the\\nfollowing terms shall have the following meanings:\\n (a) \"Commercial entity\" shall mean any entity doing business in New\\nYork state that: (i) for profit, offers goods or services for sale; (ii)\\nstores personal information electronically; (iii) owns or operates a\\nwireless network, or local area network; and (iv) offers public internet\\naccess whether for a fee or free of charge.\\n (b) \"Local area network\" shall mean a data communications system which\\ninterconnects computer systems at various local sites via access line or\\nwire.\\n (c) \"Firewall\" shall mean a hardware device, software program or a\\ncombination of the two that protects a computer network from\\nunauthorized access.\\n (d) \"Public internet access\" shall mean the ability of a person to log\\nonto the internet at a location other than that person's home, through\\nthe use of a computer either owned by such person or provided to them by\\nanother person or commercial entity, for the purpose of accessing the\\ninternet.\\n (e) \"Wireless network\" shall mean a data communications system which\\ninterconnects computer systems at various local sites via radio signal.\\n 2. Any commercial entity that offers the public the ability to use\\ntheir computer for internet access shall conspicuously post a warning\\nsign in their establishment and/or on the wireless network at a point in\\ntime prior to enabling the public to log on or gain access to the\\nnetwork. Such warning sign shall state that \"For the purposes of your\\nown protection and privacy, you are advised to install a firewall or\\nother computer security measures when accessing the internet\". Such sign\\nshall include the internet address of the website created under\\nsubdivision three of this section.\\n 3. The department of state shall establish an internet security\\nwebsite or webpage, that includes, but is not limited to, an explanation\\nof what a firewall is and the importance of other internet security\\nmeasures.\\n 4. Any commercial entity that violates this section shall be subject\\nto a civil penalty of not more than one hundred dollars for the first\\nviolation, not more than two hundred fifty dollars for the second\\nviolation, and not more than five hundred dollars for each violation\\nthereafter. The provisions of subdivision two of this section may be\\nenforced concurrently by the director of a municipal consumer affairs\\noffice, or by the town attorney, city corporation counsel, or other\\nlawful designee of a municipality or local government, and all moneys\\ncollected thereunder shall be retained by such municipality or local\\ngovernment.\\n * NB There are 2 § 390-c's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391", "title" : "Marking retreaded, recapped or recut tires", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391", "activeDate" : "2014-09-22", "sequenceNo" : 637, "repealedDate" : null, "fromSection" : "391", "toSection" : "391", "text" : " § 391. Marking retreaded, recapped or recut tires. No person, firm,\\nassociation or corporation shall sell, offer or expose for sale, or have\\nin his possession with intent to sell any motor vehicle tire or motor\\ncycle tire which has been retreaded or recapped unless the fact that\\nsuch tire has been retreaded or recapped and the name and address of the\\nperson, firm, association or corporation which has done the retreading\\nor recapping is plainly shown by a mark or label in the English language\\non both side walls thereof. No person, firm, association or corporation\\nshall sell, offer or expose for sale, or have in his possession with\\nintent to sell, any motor vehicle tire or motor cycle tire which has\\nbeen recut or regrooved. Except that there shall be no prohibition\\nagainst the sale of regrooved or recut commercial vehicle tires which\\nare designed and constructed in such a manner that regrooving or\\nrecutting is an acceptable and safe practice. A violation of this\\nsection shall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-A", "title" : "Unlawful acts relating to liquid fuels, lubricating oils and similar products", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-A", "activeDate" : "2014-09-22", "sequenceNo" : 638, "repealedDate" : null, "fromSection" : "391-A", "toSection" : "391-A", "text" : " § 391-a. Unlawful acts relating to liquid fuels, lubricating oils and\\nsimilar products. Inasmuch as it is customary for manufacturers and\\ndistributors of liquid fuels, lubricating oils, and similar products, to\\nmarket the same under designated and generally known trade names, and,\\nby means of containers, tanks, pumps, and other distributing facilities,\\nbearing the name, trade name, symbol, sign, or other distinguishing\\nmarks, of identification, of such manufacturer or distributor; and\\ninasmuch as it is customary for such manufacturers and distributors to\\nfurnish or loan, on nominal lease, to the dealers and others, tanks,\\npumps, and other distributing equipment, for the safe and convenient\\nstorage and sale of such products, and for the identification of the\\nproducts sold therefrom; and inasmuch as this method of marking liquid\\nfuels, lubricating oils, and like products, affords protection to the\\npurchaser against sale of adulterated or inferior products; therefore,\\nany person who:\\n 1. Shall store, sell, expose for sale, or offer for sale, any liquid\\nfuels, lubricating oils, or other similar products, in any manner\\nwhatsoever, so as to deceive or tend to deceive the purchaser as to the\\nnature, quality, and identity, of the product so sold or offered for\\nsale; or\\n 2. Shall store, keep, expose for sale, offer for sale, or sell, from\\nany tank or container, or from any pump, or other distributing device or\\nequipment, any other liquid fuels, lubricating oils, or other similar\\nproducts, than those indicated by the name, trade name, symbol, sign, or\\nother distinguishing mark, or device, of the manufacturer or\\ndistributor, appearing upon the tank, container pump, or other\\ndistributing equipment, from which the same are sold, offered for sale,\\nor distributed; or\\n 3. Shall disguise or camouflage his or their own equipment, by\\nimitating the design, symbol, trade name, of the equipment, under which\\nrecognized brands of liquid fuels, lubricating oils, and similar\\nproducts, are generally marketed; or\\n 4. Shall expose for sale, offer for sale, or sell, under any name in\\ngeneral use, any liquid fuels, lubricating oils, or other like products,\\nexcept those manufactured or distributed by the manufacturer or\\ndistributor marketing liquid fuels, lubricating oils, or other like\\nproducts, under such trade name, or shall substitute, mix, or\\nadulterate, the liquid fuels, lubricating oils, or other similar\\nproducts, sold, offered for sale, or distributed, under such trade\\nnames; or\\n 5. Shall expose for sale, offer for sale, sell or store, in any manner\\nso as to deceive or tend to deceive the purchaser as to the nature,\\norigin, quality, grade or identity of the product so sold or offered for\\nsale or shall sell, expose for sale, offer for sale, sell or store, in\\nany manner so as to deceive or tend to deceive the purchaser of any\\nlubricating oil, lubricants, mixtures of lubricants, any part of which\\nhad been once used for lubrication purposes and subsequently reclaimed,\\nrefined, rerefined or reconditioned without clearly indicating or\\nsetting forth such fact by means of the words \"rerefined oil\" on the\\ncontainer pump or other distributing device used, provided, however,\\nthat the provisions of this subdivision shall not apply to sales of any\\nrerefined lubricating oils, lubricants or mixtures of lubricants which\\nconform to performance standards as specified in the American Petroleum\\nInstitute's engine service classifications; or\\n 6. Shall aid or assist any other person, association, or corporation,\\nin the violation of the provisions of this section, by depositing or\\ndelivering into any tank, receptacle, or other container, any other\\nliquid fuels, lubricating oils, or like products, than those intended to\\nbe stored therein and distributed therefrom, as indicated by the name of\\nthe manufacturer or distributor or the trade name of the product\\ndisplayed on the container itself, or on the pump, or other distributing\\ndevice used in connection therewith, is guilty of a misdemeanor.\\n The provisions of this section shall not apply to any person acting\\npursuant to a directive or in accordance with an order issued by the\\ngovernor to avert or alleviate shortages or disruptions of supplies of\\nliquid fuels, lubricating oils or similar products. Any such directive\\nor order may impose disclosure requirements deemed by the governor to be\\nin the public interest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-B", "title" : "Prohibit any sale of dangerous clothing articles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-B", "activeDate" : "2014-09-22", "sequenceNo" : 639, "repealedDate" : null, "fromSection" : "391-B", "toSection" : "391-B", "text" : " § 391-b. Prohibit any sale of dangerous clothing articles. 1. For the\\npurposes of this section, the following terms shall have the following\\nmeanings:\\n (a) \"drawstring\" shall mean a non-retractable cord, string, ribbon,\\nbungee, or tape of any material inserted into a channel of the garment\\nto pull together parts of an article of clothing for the purpose of\\ncontrolling closure or fullness;\\n (b) \"tie\" shall mean a cord, string, ribbon, bungee, or tape of any\\nmaterial used for fastening or uniting or decoration and not capable of\\ncontrolling fullness;\\n (c) \"hood\" shall mean a loose, pliable covering for the head, either\\ndetachable from or permanently attached to the upper garment;\\n (d) \"neck opening\" shall mean the opening defined by the seam between\\nthe body of the upper garment and the collar or hood;\\n (e) \"toggle\" shall mean the wooden, plastic, metal, or otherwise\\ncomposed piece attached to the loose end of the drawstring for\\ndecorative purposes or to prevent the drawstring's being drawn through\\nits channel;\\n (f) \"aglet\" shall mean any tube-shaped material used to bind the end\\nof a drawstring to prevent fraying.\\n 2. No person, firm, partnership, association or corporation shall sell\\nany clothing from children's size two-T up to children's size sixteen,\\ninclusive, that includes a drawstring at the bottom opening of an upper\\ngarment or a drawstring at the waist unless the end of the drawstring at\\nthe bottom opening of an upper garment or the drawstring at the waist\\nmeasures no more than three inches from where the string extends out of\\nthe garment, when such garment is expanded to its fullest width and the\\ndrawstring is attached to the garment at its midpoint. Drawstrings shall\\nnot have toggles, knots, or any attachments at the free ends. For the\\npurposes of this subdivision, a tie shall not be construed as a\\ndrawstring, nor shall an aglet be construed as a toggle.\\n 3. No person, firm, partnership, association or corporation shall sell\\nany clothing for children up to and including children's size twelve\\nthat includes a hood drawstring or a neck opening drawstring. For the\\npurposes of this subdivision, a tie shall not be construed as a\\ndrawstring.\\n 4. Nothing in this section shall be construed to supersede any\\nprovision of section three hundred ninety-six-k of this article, as\\nadded by chapter seven hundred fifty-four of the laws of nineteen\\nhundred seventy-three.\\n 5. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York, to a court or justice having jurisdiction by a\\nspecial proceeding to issue an injunction, and upon notice to the\\ndefendant of not less than five days, to enjoin and restrain the\\ncontinuance of such violation; and if it shall appear to the\\nsatisfaction of the court or justice that the defendant has, in fact,\\nviolated this section, an injunction may be issued by the court or\\njustice, enjoining and restraining any further violations, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not more than one thousand dollars. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-C", "title" : "Sale of bicycles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-C", "activeDate" : "2014-09-22", "sequenceNo" : 640, "repealedDate" : null, "fromSection" : "391-C", "toSection" : "391-C", "text" : " § 391-c. Sale of bicycles. 1. No bicycle manufactured or assembled on\\nor after January first, nineteen hundred seventy-four, and designated as\\na new model shall be sold in this state unless such bicycle is\\nmanufactured and assembled in compliance with rules and regulations\\npromulgated by the commissioner pursuant to subdivision d of section\\ntwelve hundred thirty-six of the vehicle and traffic law.\\n 1-a. (a) No bicycle manufactured or assembled on or after January\\nfirst, nineteen hundred eighty-nine shall be sold or offered for sale in\\nthis state unless it has an identifying serial number that distinguishes\\nthat bicycle from all other bicycles of that same make and model\\npermanently and visibly engraved or stamped in readily legible boldfaced\\nfigures at least one-eighth inches in height on the top surface of the\\ntop crossbar or of the uppermost cross support of the bicycle frame or\\non the head tube or on the toeplate not obstructed by the derailleur or\\ngear wheels or on the crank hanger; or, on a label, shield or plate\\npermanently affixed in any of the foregoing locations in such a manner\\nthat the serial number will be readily visible and that such label,\\nplate or shield cannot be removed without being defaced or destroyed.\\n (b) Any person, corporation, association or partnership who assembles,\\ndistributes or manufactures such a bicycle on or after January first,\\nnineteen hundred eighty-nine or who is regularly engaged in the business\\nof selling bicycles or bicycle accessories at retail and who offers such\\nbicycle for sale in the normal course of business in this state in\\nviolation of this subdivision shall be subject to a civil penalty not to\\nexceed two hundred fifty dollars. In addition to any other penalty as\\nprovided by law, any person who intentionally alters, conceals, defaces,\\ndestroys, or removes such serial number with the intent to deprive the\\nrightful owner of lawful possession shall be guilty of a violation,\\npunishable by a fine not to exceed two hundred fifty dollars.\\n (c) No person regularly engaged in the business of manufacture,\\ndistribution, or retail sale of bicycles shall be deemed to have\\nviolated the provisions of this subdivision, if such person shows by a\\npreponderance of evidence that the violation was not intentional and\\nresulted from bona fide error made notwithstanding the maintenance of\\nprocedures reasonably adopted to avoid any such error.\\n 2. No bicycle manufactured and assembled prior to January first,\\nnineteen hundred seventy-four, shall be sold in this state on or after\\nJanuary first, nineteen hundred seventy-five, by a person regularly\\nengaged in the business of selling bicycles at retail unless such\\nbicycle is in compliance with the rules and regulations promulgated by\\nthe commissioner pursuant to the provisions of subdivision d of section\\ntwelve hundred thirty-six of the vehicle and traffic law.\\n 3. The provisions of subdivisions one and two of this section shall\\nnot apply to the sale of a bicycle by a person not regularly engaged in\\nthe business of selling bicycles at retail.\\n 4. No person regularly engaged in the business of selling bicycles or\\nbicycle accessories at retail shall sell any reflective device for use\\non a bicycle if such device does not comply with rules and regulations\\npromulgated by the commissioner of motor vehicles pursuant to section\\ntwelve hundred thirty-six of the vehicle and traffic law. A reflective\\ndevice shall include a tire, if reflectorization of tires is required by\\nsuch rules and regulations.\\n 5. A knowing violation of this section shall be punishable by a fine\\nnot to exceed two hundred and fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-D", "title" : "Sale of matchbooks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-D", "activeDate" : "2014-09-22", "sequenceNo" : 641, "repealedDate" : null, "fromSection" : "391-D", "toSection" : "391-D", "text" : " § 391-d. Sale of matchbooks. All one piece matchbooks sold or\\ndistributed within the state must have the striking area on the side\\nother than the side which the matchbook opens. Any person in the\\nordinary course of their business who violates the provisions of this\\nact shall be subject to a fine of not more than two hundred and fifty\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-E", "title" : "Promotion of camps by certain organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-E", "activeDate" : "2014-09-22", "sequenceNo" : 642, "repealedDate" : null, "fromSection" : "391-E", "toSection" : "391-E", "text" : " § 391-e. Promotion of camps by certain organizations. 1. Any person,\\nfirm or corporation engaged in the business for profit of promoting\\novernight camps for children, as that term is defined in section\\nthirteen hundred ninety-two of the public health law, summer day camps,\\nas that term is defined in section thirteen hundred ninety-two of such\\nlaw, or traveling summer day camps, as that term is defined in section\\nthirteen hundred ninety-two of such law shall in any publication,\\ncircular or advertisement making such promotion disclose the fact that\\nsuch person, firm or corporation has or reasonably expects to receive\\nmonetary compensation for such promotion.\\n 2. If any promotion as specified in subdivision one hereof represents\\nthat any of such camps meet standards established therefor, then a copy\\nof the standards of inspection and the inspection report, must be\\nsupplied by the promoter upon request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-F", "title" : "Promotion of private schools by certain organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-F", "activeDate" : "2014-09-22", "sequenceNo" : 643, "repealedDate" : null, "fromSection" : "391-F", "toSection" : "391-F", "text" : " § 391-f. Promotion of private schools by certain organizations. 1.\\nAny person, firm or corporation engaged in the business, for profit, of\\npromoting either private schools, as that term is defined in subdivision\\none of section fifty hundred one of the education law or private\\nbusiness schools as that term is defined in subdivision one of section\\nfifty hundred two of such law shall, in any publication, circular or\\nadvertisement making such promotion disclose the fact that such person,\\nfirm or corporation has or reasonably expects to receive monetary\\ncompensation for such promotion.\\n 2. If any promotion as specified in subdivision one hereof represents\\nthat any of such schools meet standards established therefor, then a\\ncopy of the standards of inspection and of the inspection report must be\\nsupplied by the promoter upon request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-G", "title" : "Rental of motor vehicles; discrimination on the basis of age prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-G", "activeDate" : "2014-09-22", "sequenceNo" : 644, "repealedDate" : null, "fromSection" : "391-G", "toSection" : "391-G", "text" : " § 391-g. Rental of motor vehicles; discrimination on the basis of age\\nprohibited. 1. It shall be unlawful for any person, firm, partnership,\\nassociation or corporation engaged in the business of renting motor\\nvehicles to refuse to rent such vehicle to any person eighteen years of\\nage or older solely on the basis of age provided that insurance coverage\\nfor persons of such age is available. Any actual extra cost for\\ninsurance related to the age of the person renting such motor vehicle\\nmay be passed on to such person.\\n 2. A knowing violation of this section shall be punishable by a fine\\nnot to exceed five hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-H", "title" : "Lubricating oils; container; notice required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-H", "activeDate" : "2014-09-22", "sequenceNo" : 645, "repealedDate" : null, "fromSection" : "391-H", "toSection" : "391-H", "text" : " § 391-h. Lubricating oils; container; notice required. It shall be\\nunlawful for any person, firm or corporation to sell or expose for sale\\nat wholesale or retail any lubricating oil, as defined by subdivision\\nfour of section 23-2301 of the environmental conservation law, packaged\\nin containers intended for sale at retail unless such container shall\\nhave imprinted thereon a notice in like or similar terms to the\\nfollowing:\\n \"Notice\\nUsed oil contains contaminants that are hazardous to the environment.\\nIn states where law prohibits the improper disposal of used lubricating\\noil, in order to assure proper disposal, please deposit used oil in the\\nnearest available used oil retention facility\".\\n A knowing violation of this section shall be punishable by a fine not\\nto exceed five hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-I", "title" : "Sale of urea-formaldehyde foam insulation; notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-I", "activeDate" : "2014-09-22", "sequenceNo" : 646, "repealedDate" : null, "fromSection" : "391-I", "toSection" : "391-I", "text" : " § 391-i. Sale of urea-formaldehyde foam insulation; notice. 1. As\\nused in this section, the term \"urea-formaldehyde foam insulation\" shall\\nmean urea-formaldehyde based, foamed-in-place insulation.\\n 2. Any person, firm or corporation which sells or installs\\nurea-formaldehyde foam insulation shall give written notice to the\\npurchaser of such insulation or the owner of the building wherein such\\ninsulation is installed, stating as follows:\\n \"This insulation is urea-formaldehyde based and may emit formaldehyde.\\nAfter installation of this product, some people have experienced adverse\\nphysical effects from formaldehyde emissions, including unpleasant odor,\\nwatery eyes, and nose and throat irritations. These conditions may be\\nalleviated by introducing fresh air into the building. Exposure to\\nurea-formaldehyde foam insulation is not recommended for persons who\\nhave been previously sensitized to formaldehyde, or who have a history\\nof respiratory problems. Urea-formaldehyde foam insulation is not\\nrecommended for use in attics, below grade or wall cavities deeper than\\nsix inches. Urea-formaldehyde foam is not recommended unless the\\noutside vertical walls have an air source.\\n YOU MAY CANCEL THIS SALE WITHIN THREE DAYS\\nTo cancel the sale, you must notify the company in writing anytime\\nbefore midnight of the third business day after the contract date. No\\nexplanation is necessary for cancellation.\"\\n 3. Such notice shall be printed or written in a size equal to at least\\nten point type and be placed at the beginning of any sales contract.\\n 4. Violation of this section shall be punishable by a civil penalty\\nof not more than two hundred fifty dollars for the first offense and not\\nmore than one thousand dollars for each subsequent offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-J", "title" : "Sale of fire extinguishers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-J", "activeDate" : "2014-09-22", "sequenceNo" : 647, "repealedDate" : null, "fromSection" : "391-J", "toSection" : "391-J", "text" : " § 391-j. Sale of fire extinguishers. 1. It shall be unlawful for any\\nperson, firm or corporation to sell or offer for sale fire extinguishers\\nunless the fire extinguishers offered for sale:\\n a. Meet the current National Fire Protection Association standards for\\nfire extinguishers of the model offered for sale and are labelled as\\nhaving met such standards;\\n b. Have been tested and approved by the Underwriters Laboratory,\\nFactory Mutual or other nationally accredited or accepted testing\\nlaboratory and are labelled as having been tested and approved;\\n c. Have labelling securely affixed containing the following\\ninformation:\\n (1) Operating instructions.\\n (2) The class or rating identifying kinds of fires which the\\nparticular extinguisher is suitable to use. This information shall be\\npresented by use of the appropriate letter rating and pictorial marking\\nrepresentations.\\n d. Are accompanied with an instructional manual that has information\\ndetailing operational use, basic fire safety information, information on\\nhow and where to have the extinguisher serviced or recharged by an\\nauthorized dealer or refer the customer to his local fire department and\\nany information pertaining to checking the extinguisher's contents for\\noperational use by the owner.\\n 2. A knowing violation of this section shall be punishable by a civil\\npenalty not to exceed five hundred dollars for a first violation and ten\\nthousand dollars for each succeeding violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-K", "title" : "Automatic garage door opening systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-K", "activeDate" : "2014-09-22", "sequenceNo" : 648, "repealedDate" : null, "fromSection" : "391-K", "toSection" : "391-K", "text" : " § 391-k. Automatic garage door opening systems. 1. As used in this\\nsection, unless the context requires otherwise:\\n (a) \"Automatic garage door opening system\" means a system of devices\\nand equipment that when connected to a garage door automatically opens\\nand closes a garage door. This term does not include the garage door,\\ngarage door springs, tracks, or other hardware associated with the\\ngarage door.\\n (b) \"Garage\" means a building or a portion of a building designed or\\nused for the storage or repair of a motor vehicle or other items.\\n (c) \"Residential building\" means a private dwelling or a multiple\\ndwelling as defined in section four of the multiple dwelling law and\\nsection four of the multiple residence law that includes an attached or\\nunattached garage.\\n 2. (a) No person shall manufacture, sell, offer for sale, at retail or\\nwholesale, or install in this state an automatic garage door opening\\nsystem for a residential building that does not have an automatic\\nreverse safety device which complies with the applicable requirements\\nset forth in the American National Standards Underwriters Laboratories,\\nInc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2, Third Edition,\\nas revised May 4, 1988.\\n (b) No person shall service or repair an automatic garage door opening\\nsystem in this state that does not comply with paragraph (a) of this\\nsubdivision unless such service brings such system into compliance with\\nparagraph (a) of this subdivision after the repair or service.\\nNotwithstanding the foregoing the person servicing or repairing the\\ngarage door, the garage door springs, tracks, or other hardware\\nassociated with the door shall determine whether or not the automatic\\ngarage door opening system complies with the entrapment protection\\nrequirements in the American National Standards Underwriters\\nLaboratories, Inc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2,\\nas revised May fourth, nineteen hundred eighty-eight by conducting an\\non-site test of the system. If the automatic garage door opening system\\ndoes not pass the required on-site test, the person conducting the test\\nshall complete and conspicuously affix to the automatic garage door\\nopening system, a warning label that shall contain all but may not be\\nlimited to the information set forth below. The following complies with\\nthis requirement, but the person conducting the on-site test is\\npermitted to develop his own warning label containing the required\\ninformation:\\n DANGER\\nThis automatic garage door opening system was tested and does not meet\\nthe requirements for a working safety reverse feature. This is dangerous\\nand may cause serious injury or death. You are hereby advised to\\ndisconnect the opener from the door immediately and operate the door\\nmanually until the automatic garage door opening system has been\\nreplaced or repaired with one that meets current safety standards as\\nprovided in New York state law, paragraph (a) of subdivision two of\\nsection 391-k of the general business law.\\n_____________________ ______________________\\nMODEL Name of tester\\n____________________ ______________________\\nManufacturer Firm Name\\n____________________ ______________________\\nSerial Number Firm Address/Phone Number\\n____________________\\nDate\\n The firm of the agent or the person who affixed the label shall\\nprovide written notification within ten days of the on-site test to the\\nowner or person responsible for the maintenance of the residence that\\nthe automatic garage door opening system did not comply with paragraph\\n(a) of this subdivision.\\n 3. (a) In addition to the requirements of subdivision two of this\\nsection, on and after January first, nineteen hundred ninety-three, no\\nperson shall manufacture, sell or offer for sale at retail or wholesale,\\nor install in this state an automatic garage door opening system for a\\nresidential building unless such system is equipped with a tactile\\ngarage door edge sensor, an optical sensor, or a similar entrapment\\nprotection device that when activated is designed to cause a closing\\ndoor to open and prevent an open door from closing. This device shall be\\ndesigned and built so that a failure of the device prevents the door\\nfrom closing.\\n (b) On and after January first, nineteen hundred ninety-three, a\\nperson servicing or repairing an automatic garage door opening system in\\nthis state that does not comply with paragraph (a) of this subdivision\\nshall provide written notification within ten days to the owner or\\nperson responsible for the maintenance of the residence that the\\nautomatic garage door opening system does not meet the requirements for\\nentrapment protection that New York state law provides, that this is\\ndangerous and may cause serious injury and death, and that the automatic\\ngarage door opening system should be equipped with an additional\\nentrapment protection device as described in paragraph (a) of this\\nsubdivision.\\n 4. Any manufacturer selling or offering for sale at retail or\\nwholesale an automatic garage door opening system for residential\\nbuildings shall comply with federal labeling requirements contained in\\nsection 203 of Public Law 101-608, as amended.\\n 5. Any manufacturer selling or offering for sale automatic garage door\\nopening systems at retail or wholesale in this state shall include with\\neach system installation, operation, maintenance instructions and\\nwarning decals with operational testing safety device instructions. Any\\nperson installing, servicing or repairing an automatic garage door\\nopening system shall comply with those instructions.\\n 6. (a) Any person injured by a violation of this section may bring an\\naction for the recovery of damages. Judgment may be entered in favor of\\nsuch person in an amount not to exceed three times the actual damages or\\none hundred dollars, whichever is greater. The court may award\\nreasonable attorney's fees to a prevailing plaintiff.\\n (b) In addition to the other remedies provided, whenever there shall\\nbe a violation of this section, application may be made by the attorney\\ngeneral in the name of the people of the state of New York to a court or\\njustice having jurisdiction by a special proceeding to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuation of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules and direct restitution. Whenever the court or\\njustice shall determine that a violation of paragraph (a) of subdivision\\ntwo, paragraph (a) of subdivision three, subdivision four or subdivision\\nfive of this section has occurred, the court or justice may impose a\\ncivil fine of not more than one thousand dollars per violation. Whenever\\nthe court or justice shall determine that a violation of paragraph (b)\\nof subdivision two or paragraph (b) of subdivision three of this section\\nhas occurred, the court or justice may impose a civil fine of not more\\nthan five hundred dollars per violation. In connection with any such\\nproposed application, the attorney general is authorized to take proof\\nand make a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n 7. Residential applications of automatic garage door opening systems\\nmanufactured for commercial purposes shall comply with this chapter,\\nexcept that the entrapment protection standards shall be the American\\nNational Standards Underwriters Laboratories, Inc., Standard for\\nSafety-ANSI/UL 325-29 in lieu of the American National Standards\\nUnderwriters Laboratories, Inc., Standard for Safety-ANSI/UL 325-30.1\\nand 325-30.2. Notwithstanding the foregoing, on and after January first,\\nnineteen hundred ninety-three, all commercial or residential automatic\\ngarage door opening systems installed for use in any residence shall\\ncomply with the Underwriters Laboratories, Inc., Standard for\\nSafety-ANSI/UL 325-30.1 and 325-30.2 and paragraph (a) of subdivision\\nthree of this section or any other similar entrapment provisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-L", "title" : "Personal emergency response service agreements; required cancellation provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-L", "activeDate" : "2014-09-22", "sequenceNo" : 649, "repealedDate" : null, "fromSection" : "391-L", "toSection" : "391-L", "text" : " * § 391-l. Personal emergency response service agreements; required\\ncancellation provisions. 1. As used in this section, the term \"personal\\nemergency response service\" shall mean (a) the provision and maintenance\\nof electronic communication equipment in the home of an individual which\\nsignals a monitoring agency for help when activated by the individual,\\nor after a period of time if a timer mechanism has not been reset; (b)\\nthe continuous monitoring of such signals by a trained operator and, in\\ncase of receipt of such signal, the immediate notification of such\\nemergency response organizations or persons, if necessary, as the\\nindividual has previously specified.\\n 2. (a) In addition to any right otherwise to revoke an offer, the\\npurchaser or other person obligated for any part of the purchase price\\nor price for service for obtaining a personal emergency response service\\nmay cancel the sale or purchase thereof with or without cause at any\\ntime until midnight of the seventh business day after the day on which\\nthe purchaser has signed an agreement or offer to purchase relating to\\nsuch sale or purchase, without any penalty or obligation.\\n (b) In addition to the cancellation right created by paragraph (a) of\\nthis subdivision, the agreement providing for obtaining such service may\\nbe cancelled by the purchaser or other person obligated for any part of\\nthe purchase price or price for such service, upon thirty days prior\\nwritten notice to the seller or supplier of such service, that the\\npurchaser of such service has legally obligated himself or herself to\\ncommence residence in a nursing home or other health-related facility\\nwithin such thirty-day period for what is expected to be a permanent\\nstay or an extended stay of at least two months duration, or that\\nresidence therein with such expectation has already commenced.\\n 3. (a) Cancellation under the terms of paragraph (a) of subdivision\\ntwo of this section occurs when written notice of cancellation is given\\nto the seller or provider of such service. Cancellation under the terms\\nof such paragraph (a) shall be governed by the requirements of the\\n\"door-to-door sales protection act\" contained in article ten-A of the\\npersonal property law, whether or not such sale is a \"door-to-door sale\"\\nas defined therein, except where such requirements are inconsistent with\\nthe provisions of this section, in which case the provisions of this\\nsection shall prevail, and except that the transactional exclusions from\\nthe definition of \"door-to-door sale\" contained in paragraphs (a)\\nthrough (f) of subdivision one of section four hundred twenty-six of the\\npersonal property law shall not apply to the sale or purchase of a\\npersonal emergency response service as defined herein.\\n (b) Cancellation under the terms of paragraph (b) of subdivision two\\nof this section occurs upon the thirtieth day after written notice of\\ncancellation is given to the seller or provider of such service. Upon\\nthe occurrence of cancellation under such paragraph (b), the purchaser\\nor other person obligated for the purchaser shall remain obligated under\\nsuch agreement to pay for the use of such service only for the period of\\ntime during which the service was provided prior to the occurrence of\\ncancellation thereunder. For this purpose, under such paragraph (b) the\\nprice agreed to for the entire term of such agreement shall be prorated\\nby multiplying such price by a fraction, the numerator of which is the\\nperiod of time during which such service was provided prior to the\\noccurrence of cancellation, and the denominator of which is the entire\\nterm of such agreement. Any overpayment made in advance for the\\nprovision of such service, the amount of which is determined by such\\nproration shall be refunded to the purchaser or other person obligated\\nfor the purchaser, as the case may be, within ten business days from the\\ndate of the occurrence of cancellation under such paragraph (b). Such\\ncancellation shall be without penalty to or other obligation on the part\\nof, the purchaser or other person obligated for the purchaser.\\n (c) Written notice of cancellation, if given by first-class mail,\\nshall be deemed given when deposited in a mailbox properly addressed and\\nadequate postage prepaid. Such written notice under the terms of\\nparagraph (a) of subdivision two of this section shall be effective\\nirrespective of the form of such written notice if it indicates the\\nintention of the purchaser or other person obligated not to be bound.\\nWritten notice of cancellation under the terms of paragraph (b) of\\nsubdivision two of this section, to be effective irrespective of the\\nform of such written notice shall, in addition to indicating an\\nintention not to be bound, state the date of expected commencement or\\ncommencement of residence in such nursing home or other health-related\\nfacility, the expected duration of such residence, and the name and\\naddress of such home or facility, and include with such notice a signed\\nnote from such person's physician or from the home or facility, or a\\ncopy of such person's agreement with such home or other facility,\\nverifying that the terms of such paragraph (b) for cancellation have\\nbeen satisfied.\\n 4. In a sale or purchase of a personal emergency response service, the\\nseller shall furnish to the purchaser:\\n (a) a fully completed receipt or copy of any agreement pertaining to\\nsuch sale at the time of its execution, which is in the same language,\\ne.g. Spanish, as that principally used in any oral sales presentation\\nand which shows the date of the transaction and contains the name and\\naddress of the seller, and in immediate proximity to the space reserved\\nin the contract for the signature of the purchaser or on the front page\\nof the receipt if an agreement is not used and in not less than\\nten-point boldface type, statements in substantially the following form:\\n \"I. YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION WITH OR WITHOUT\\nCAUSE AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH BUSINESS DAY AFTER\\nTHE DATE OF THIS TRANSACTION.\"\\n \"II. ON AND AFTER MIDNIGHT OF SUCH SEVENTH DAY, YOU, THE PURCHASER,\\nMAY CANCEL YOUR AGREEMENT WITH THE SELLER FOR YOU TO RECEIVE PERSONAL\\nEMERGENCY RESPONSE SERVICE MORE THAN 30 DAYS AFTER YOUR NOTIFYING THE\\nSELLER IN WRITING OF YOUR CANCELLING SUCH AGREEMENT, PROVIDED THAT YOU\\nHAVE LEGALLY OBLIGATED YOURSELF TO BEGIN LIVING IN A NURSING HOME OR\\nOTHER HEALTH-RELATED FACILITY WITHIN SUCH 30-DAY PERIOD FOR WHAT IS\\nEXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY FOR AT LEAST 2\\nMONTHS, OR THAT YOU HAVE ALREADY BEGUN LIVING THEREIN EXPECTING YOUR\\nSTAY TO BE PERMANENT OR FOR AT LEAST 2 MONTHS, AND PROVIDED THAT THESE\\nFACTS ARE VERIFIED BY YOUR DOCTOR OR BY THE NURSING HOME OR OTHER\\nHEALTH-RELATED FACILITY.\"\\n \"SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF\\nTHESE RIGHTS.\"\\n (b) at the time the purchaser signs the contract to obtain the\\npersonal emergency response service or otherwise agrees to purchase such\\nservice from the seller, a completed form in duplicate, captioned\\n\"NOTICE OF CANCELLATION\", which shall be attached to the contract or\\nreceipt and easily detachable, and which shall contain in not less than\\nten-point boldface type the following information and statements in the\\nsame language, e.g. Spanish, as that used in the contract:\\n NOTICE OF CANCELLATION\\n _______________________________________________\\n (enter date of transaction here)\\n I. YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION,\\nWITHIN SEVEN (7) BUSINESS DAYS FROM THE ABOVE DATE.\\n IF YOU CANCEL UNDER THIS FIRST RIGHT TO CANCEL, ANY PROPERTY TRADED\\nIN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY\\nNEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10)\\nBUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION\\nNOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE\\nCANCELLED.\\n II. IN ADDITION TO THE ABOVE RIGHT TO CANCEL THE TRANSACTION, YOU OR\\nANOTHER PERSON OBLIGATED FOR ANY PART OF THE PURCHASE PRICE OR PRICE FOR\\nSUCH SERVICE MAY ALSO CANCEL YOUR AGREEMENT WITH THE SELLER PROVIDING\\nFOR YOUR OBTAINING OF SUCH SERVICE EFFECTIVE UPON THE 30TH DAY AFTER\\nGIVING WRITTEN NOTICE TO SUCH SELLER OR SUPPLIER OF THE SERVICE, THAT\\nYOU HAVE LEGALLY OBLIGATED YOURSELF TO COMMENCE RESIDENCE IN A NURSING\\nHOME OR OTHER HEALTH-RELATED FACILITY WITHIN THE NEXT 30 DAYS FOR WHAT\\nIS EXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY OF AT LEAST 2\\nMONTHS DURATION, OR THAT YOUR RESIDENCE THEREIN WITH SUCH EXPECTATION\\nHAS ALREADY COMMENCED.\\n YOU MAY DO SO PROVIDED THAT IN SUCH WRITTEN NOTICE OF CANCELLATION YOU\\nINDICATE AN INTENTION NOT TO BE BOUND, STATE THE DATE OF EXPECTED\\nCOMMENCEMENT OR DATE OF ACTUAL COMMENCEMENT OF RESIDENCE IN SUCH NURSING\\nHOME OR OTHER HEALTH-RELATED FACILITY, THE EXPECTED DURATION OF SUCH\\nRESIDENCE, AND THE NAME AND ADDRESS OF SUCH HOME OR FACILITY, AND\\nPROVIDED THAT YOU INCLUDE WITH YOUR NOTICE OF CANCELLATION A SIGNED NOTE\\nFROM YOUR PHYSICIAN OR FROM SUCH HOME OR FACILITY, OR A COPY OF YOUR\\nAGREEMENT WITH SUCH HOME OR OTHER FACILITY, VERIFYING THAT YOU HAVE\\nSATISFIED THE TERMS DESCRIBED HEREIN FOR CANCELLATION. IF YOU HAVE\\nSATISFIED THESE CONDITIONS, CANCELLATION UNDER THIS SECOND RIGHT OF\\nCANCELLATION WILL BE EFFECTIVE ON THE 30TH DAY AFTER SUCH WRITTEN NOTICE\\nIS GIVEN BY FIRST-CLASS MAIL ADEQUATE POSTAGE PREPAID AND PROPERLY\\nADDRESSED TO THE SELLER.\\n TO CANCEL YOUR AGREEMENT UNDER THIS SECOND RIGHT TO CANCEL, SEND THE\\nABOVE-DESCRIBED WRITTEN NOTICE TOGETHER WITH ALL REQUIRED SUPPORTING\\nINFORMATION BY FIRST-CLASS MAIL ADEQUATE POSTAGE PREPAID TO THE NAME AND\\nADDRESS OF SELLER STATED BELOW.\\n IF YOU CANCEL, WHETHER UNDER THE FIRST OR UNDER THE SECOND RIGHT TO\\nCANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER, IN SUBSTANTIALLY AS GOOD\\nCONDITION AS WHEN RECEIVED, ANY DEVICE DELIVERED TO YOU UNDER THIS\\nCONTRACT OR SALE AND NEEDED TO RECEIVE SUCH PERSONAL EMERGENCY RESPONSE\\nSERVICE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE\\nSELLER REGARDING THE RETURN SHIPMENT OF THE DEVICE AT THE SELLER'S\\nEXPENSE AND RISK.\\n IF YOU FAIL TO MAKE THE DEVICE AVAILABLE TO THE SELLER, OR IF YOU\\nAGREE TO RETURN THE DEVICE TO THE SELLER AND FAIL TO DO SO, THEN YOU\\nREMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.\\n TO CANCEL THIS TRANSACTION UNDER YOUR FIRST RIGHT OF CANCELLATION\\nSTATED FIRST ABOVE, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS\\nCANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO:\\n___________________________ AT _________________________________________\\n(Name of Seller) (Address of Seller's Place of Business)\\n NOT LATER THAN MIDNIGHT OF\\n _________________\\n (Date)\\nI HEREBY CANCEL THIS TRANSACTION.\\n______________________ ______________________________\\n(Date) (Purchaser's Signature)\\nand the seller shall complete both copies by entering the name of the\\nseller, the address of the seller's place of business, the date of the\\ntransaction, and the date, not earlier than the seventh business day\\nfollowing the date of the transaction, by which the purchaser may give\\nnotice of cancellation under the first right of cancellation.\\n 5. In a sale of a personal emergency response service, the seller\\nshall inform each purchaser orally, at the time he or she signs the\\ncontract or purchases the service, of his or her two statutory rights to\\ncancel. Until the seller has informed the purchaser of his two rights\\nto cancel granted by law, the purchaser or any other person obligated\\nfor any part of the purchase price or price for service may cancel the\\nsale by notifying the seller in any manner and by any means of his\\nintention to cancel under the first right of cancellation. The seven-day\\nperiod during which cancellation may be made under the first right of\\ncancellation shall begin to run only from the time the seller complies\\nwith this requirement.\\n 6. A personal emergency response service sales contract or receipt\\nshall not include any confession of judgment or any waiver of any of the\\nrights to which the buyer is entitled under this section including\\nspecifically his or her right to cancel the transaction or agreement in\\naccordance with the provisions of this section.\\n 7. A personal emergency response service sales agreement or receipt\\nshall disclose conspicuously the seller's refund policy as to the lease,\\npurchase or use of any device which is subject to the service sales\\nagreement. If the seller fails to disclose conspicuously the applicable\\nrefund policy in such agreement or receipt, then the seller shall be\\nliable to the purchaser for a cash refund of the total price or a credit\\nof the total price, at the purchaser's option, paid by the purchaser or\\ncharged by the seller for the lease, purchase or use of such device,\\nprovided that within twenty days from the date of delivery of the\\ndevice, the purchaser makes a demand therefor and provided that the\\ndevice is in substantially as good condition as when received by the\\npurchaser of the service. In no event shall this subdivision be deemed\\nto supersede a refund policy of a seller which allows return of the\\ndevice more than twenty days after the date of delivery of the device to\\nthe purchaser of the service. If the seller fails to disclose\\nconspicuously the applicable refund policy in such agreement or receipt,\\nthen the amount paid by the purchaser to the seller for the lease,\\npurchase or use of the device shall be refunded or credited, as the case\\nmay be, within ten business days from the date of return of the seller's\\ndevice in substantially as good condition as when received by the\\npurchaser of the service.\\n 8. This section does not relieve any person, firm, corporation or\\nassociation subject to the provisions of this section from complying\\nwith any other applicable law, ordinance, rule or regulation relating to\\nrefund policies which affords the purchaser greater protection than do\\nthe provisions of this section.\\n * NB There are 2 § 391-l's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-L*2", "title" : "Rental of motor vehicles; discrimination on the basis of credit card ownership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-07-06" ], "docLevelId" : "391-L*2", "activeDate" : "2018-07-06", "sequenceNo" : 650, "repealedDate" : null, "fromSection" : "391-L*2", "toSection" : "391-L*2", "text" : " * § 391-l. Rental of motor vehicles; discrimination on the basis of\\ncredit card ownership. 1. Definitions. As used in this section:\\n a. \"Motor vehicle rental agency\", or \"agency\", shall mean a person\\nengaged in the business of renting motor vehicles in this state;\\n b. \"Person\" shall mean any individual, firm, corporation or other\\nlegal entity;\\n c. \"Motor vehicle\" shall have the meaning ascribed thereto by section\\none hundred twenty-five of the vehicle and traffic law; and\\n d. \"Credit card\" shall mean any credit card, credit plate, charge\\nplate or other identification card or device which is issued by a person\\nto another person as the holder thereof, and may be used by such holder\\nto obtain a cash advance or a loan or credit, or to purchase or rent\\nproperty or services on the credit of the person issuing the credit card\\nor of the holder.\\n 2. It shall be unlawful for any person, firm, partnership, association\\nor corporation engaged in the business of renting motor vehicles to\\nrefuse to rent such vehicle to any person solely on the requirement of\\nownership of a credit card.\\n 3. A knowing violation of this section shall be punishable by a fine\\nnot to exceed one thousand dollars.\\n * NB There are 2 § 391-l's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-M", "title" : "Manufacture and sale of in-line skates; regulation of", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-M", "activeDate" : "2014-09-22", "sequenceNo" : 651, "repealedDate" : null, "fromSection" : "391-M", "toSection" : "391-M", "text" : " § 391-m. Manufacture and sale of in-line skates; regulation of. 1. As\\nused in this section, the term:\\n (a) \"Protective gear\" shall mean the following: a helmet meeting the\\nstandards established by the commissioner of motor vehicles pursuant to\\nsubdivision two-a of section twelve hundred thirty-eight of the vehicle\\nand traffic law; and wrist guards, elbow pads, and knee pads of such\\nstandards, designs, sizes, strengths, and thicknesses as will reduce the\\nrisk to the wearer of serious physical injury caused by impact to the\\nbody part on which such protective gear is designed to be worn, such as,\\nbut not limited to, from falls and collisions.\\n (b) \"In-line skate\" shall mean a manufactured or assembled device each\\nconsisting of an upper portion that is intended to be secured to a human\\nfoot, with a frame or chassis attached along the length of the bottom of\\nsuch upper portion, with such frame or chassis holding two or more\\nwheels that are longitudinally aligned and used to skate or glide, by\\nmeans of human foot and leg power while having such device attached to\\neach such foot or leg.\\n (c) \"Brake\" shall mean a part which is secured to an in-line skate, as\\ndefined in paragraph (b) of this subdivision, and intended to enable the\\nuser to control his or her speed and/or come to a stop.\\n (d) \"Warning instruction\" shall mean a label, hangtag, shield or plate\\nwhich is clearly visible to the consumer, with substantially the\\nfollowing notice printed in clear and conspicuous type: \"WARNING !\\nREDUCE THE RISK OF SERIOUS INJURY AND ONLY USE THESE SKATES WHILE\\nWEARING FULL PROTECTIVE GEAR - HELMET, WRIST GUARDS, ELBOW PADS, AND\\nKNEE PADS.\"\\n 2. (a) No person, firm, corporation, or other legal entity which\\nmanufactures or assembles in-line skates shall manufacture, assemble,\\nsell, offer to sell, or distribute in this state such in-line skates\\nunless: (i) at least one such in-line skate in each pair manufactured or\\nassembled is manufactured or assembled with a brake, as defined in this\\nsection; and (ii) at least one such in-line skate in each pair\\nmanufactured or assembled contains a warning instruction, as defined in\\nthis section, either on at least one such in-line skate in each pair or\\non the outside of the box in which such pair of in-line skates is sold\\nor offered for sale at retail; and (iii) each such pair of in-line\\nskates which contains a user's guide or buyer's instruction manual also\\ncontains a warning instruction, as defined in this section, within or on\\nsuch guide or manual; and, (iv) every in-line skate is equipped with a\\nreflective device or material meeting the standards established by rules\\nand regulations promulgated by the commissioner of motor vehicles. Each\\npair of in-line skates which is manufactured or assembled by a person,\\nfirm, corporation, or other legal entity for special use by highly\\nskilled or expert skaters or for sale or distribution through custom\\norders, such as in-line hockey skates and in-line speed skates, is\\nexempt from the requirements of items (i) and (iv) of this paragraph,\\nprovided that such person, firm, corporation or other legal entity which\\nmanufactures or assembles such pair of in-line skates clearly and\\nconspicuously labels at least one in-line skate in each such pair of\\nin-line skates or the outside of the box in which such pair of in-line\\nskates is sold or offered for sale at retail with the following warning\\nin substantially the following form: \"WARNING: THESE IN-LINE SKATES\\nCONTAIN NO BRAKES OR REFLECTIVE MATERIAL AND ARE INTENDED FOR HIGHLY\\nSKILLED OR EXPERT SKATERS ONLY\".\\n (b) No person, firm, corporation or other legal entity which is\\nregularly engaged in the business of selling, offering for sale, or\\ndistributing in-line skates at retail for consumer use, shall sell,\\noffer to sell, or distribute in this state such in-line skates unless\\nsuch in-line skates conform to the manufacturing requirements set forth\\nin paragraph (a) of this subdivision.\\n (c) No person, firm, corporation, or other legal entity which is\\nregularly engaged in the business of selling, offering for sale, or\\ndistributing in-line skates at retail, for consumer use, shall offer\\nsuch in-line skates for sale in the normal course of business in this\\nstate unless such person, firm, corporation, or other legal entity\\ncontemporaneously offers for sale upon the same premises protective\\ngear, as defined in this section.\\n (d) Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this article has occurred, the court may impose a civil\\npenalty of not more than five hundred dollars for such violation. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n (e) No person, firm, corporation or other legal entity which is\\nregularly engaged in the business of manufacturing, distributing,\\nselling, or offering for sale in-line skates shall be deemed to have\\nviolated the provisions of this subdivision, if such person, firm,\\ncorporation or other legal entity shows by a preponderance of evidence\\nthat the violation was not intentional and resulted from a bona fide\\nerror made notwithstanding the maintenance of procedures reasonably\\nadopted to avoid any such error.\\n (f) This subdivision shall not apply to the sale of in-line skates or\\nprotective gear sold or offered for sale by consumers for consumer use.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-N", "title" : "Sale of reptiles; notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-N", "activeDate" : "2014-09-22", "sequenceNo" : 652, "repealedDate" : null, "fromSection" : "391-N", "toSection" : "391-N", "text" : " § 391-n. Sale of reptiles; notice. 1. Any person, firm, partnership,\\nassociation or corporation who or which sells reptiles at retail shall\\ngive written notice to the purchaser of a reptile that reptiles are a\\npotential cause of salmonellosis. Such notice shall substantially\\ncontain the following language:\\n (a) As with many other animals, reptiles carry salmonella bacteria\\nwhich can make people sick. To reduce the chance of infection, follow\\nthese safe reptile handling steps.\\n (b) Always wash your hands thoroughly after you handle your pet\\nreptile, its food or anything it has touched.\\n (c) Keep your pet reptile in a habitat designed for it.\\n (d) Keep your pet reptile and its equipment out of the kitchen or any\\narea where food is prepared.\\n (e) Keep reptiles out of homes where there are children under one year\\nof age or people with weakened immune systems. Children under five\\nshould handle reptiles only with adult/parental guidance.\\n 2. Every proprietor who or which conducts a business of selling\\nreptiles at retail shall conspicuously post a warning poster on premises\\nalerting consumers that reptiles are a potential cause of salmonellosis\\nand should be handled with care. The warning poster shall be available\\nin two sizes, the smaller of which shall be eight and one-half inches by\\neleven inches and the larger of which shall be eleven inches by\\ntwenty-five and one-half inches. The larger poster shall be utilized for\\nposting unless because of limited wall space or store layout the larger\\nposter cannot fit in a conspicuous spot near the reptile displays, in\\nwhich case the smaller poster may be used. Such poster shall have\\nconspicuous lettering and type and shall substantially contain the\\nfollowing language:\\n (a) As with many other animals, reptiles carry salmonella bacteria\\nwhich can make people sick. To reduce the chance of infection, follow\\nthese safe reptile handling steps.\\n (b) Always wash your hands thoroughly after you handle your pet\\nreptile, its food or anything it has touched.\\n (c) Keep your pet reptile in a habitat designed for it.\\n (d) Keep your pet reptile and its equipment out of the kitchen or any\\narea where food is prepared.\\n (e) Keep reptiles out of homes where there are children under one year\\nof age or people with weakened immune systems. Children under five\\nshould handle reptiles only with adult/parental guidance.\\n 3. Any person, firm, partnership, association, corporation or\\nproprietor who or which violates the provisions of this section shall be\\nsubject to a civil penalty not to exceed fifty dollars for each day of\\nthe violation, but in no event shall the total amount of such penalties\\nexceed five hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-O", "title" : "Sale or promotional distribution of dietary supplements containing ephedra", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-O", "activeDate" : "2014-09-22", "sequenceNo" : 653, "repealedDate" : null, "fromSection" : "391-O", "toSection" : "391-O", "text" : " § 391-o. Sale or promotional distribution of dietary supplements\\ncontaining ephedra. 1. No person, firm, corporation, partnership,\\nassociation, limited liability company, or other entity shall sell or\\noffer to sell or give away, as either a retail or wholesale promotion, a\\ndietary supplement containing any quantity of ephedra within New York\\nstate, except as authorized by subdivision three of this section.\\n 2. For purposes of this section, the following terms have the\\nfollowing meanings:\\n (a) \"dietary supplement\" means (1) a product (other than tobacco) that\\nis intended to supplement the diet and that bears or contains one or\\nmore of the following dietary ingredients: a vitamin, a mineral, an herb\\nor other botanical, an amino acid, a dietary substance for the use by a\\nperson to supplement the diet by increasing the total daily intake, or a\\nconcentrate, metabolite, constituent, extract, or combinations of these\\ningredients; (2) intended for ingestion in pill, capsule, tablet, or\\nliquid form; and (3) labeled as a \"dietary supplement\" pursuant to the\\nfederal Dietary Supplement Health and Education Act, 21 U.S.C. 321, as\\namended.\\n (b) \"ephedra\" means any natural or synthetic form of ephedrine and\\nephedrine alkaloids.\\n 3. (a) Nothing in this section shall apply to nonprescription\\nover-the-counter drugs approved or regulated by the Food and Drug\\nAdministration.\\n (b) This section shall not apply to ma huang (ephedra sinica) sold or\\ndispensed by any practitioner of oriental medicine, whose qualification\\nto use ma huang and other herbs is explicitly established via evidence\\nof an active certification issued to such individual from an entity\\naccredited by the National Commission of Certifying Agencies (NCCA) and\\nwho is not otherwise required to be licensed by the state of New York,\\nor any physician or any practitioner of acupuncture licensed by the\\nstate of New York as long as it is not sold or dispensed as a dietary\\nsupplement for weight loss, for body building, or as an \"energy food\".\\n 4. Any person, firm, corporation, partnership, association, limited\\nliability company, or other entity that violates the provisions of this\\nsection by selling, offering to sell, or giving away as either a retail\\nor wholesale promotion, a dietary supplement containing any quantity of\\nephedrine alkaloids shall be subject to a civil penalty of not more than\\nfive hundred dollars per violation, recoverable in an action by any\\nenforcement authority designated by any municipality or political\\nsubdivision.\\n 5. It shall be a defense that any person, firm, corporation,\\npartnership, association, limited liability company, or other entity\\nthat sold, offered for sale, or gave away as either a retail or\\nwholesale promotion a dietary supplement, did not have knowledge that\\nthe supplement contained any quantity of ephedrine alkaloids, if such\\nknowledge was not reasonably discoverable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-P", "title" : "Prohibit the rental of clothing articles previously worn", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-P", "activeDate" : "2014-09-22", "sequenceNo" : 654, "repealedDate" : null, "fromSection" : "391-P", "toSection" : "391-P", "text" : " § 391-p. Prohibit the rental of clothing articles previously worn. 1.\\nNo person shall rent articles of clothing which have been previously\\nworn unless such articles of clothing are cleaned prior to such rental.\\n 2. A knowing violation of this section shall be punishable by a civil\\npenalty not to exceed two hundred fifty dollars for the first violation\\nand not to exceed one thousand dollars for each subsequent violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-Q", "title" : "Rebates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-Q", "activeDate" : "2014-09-22", "sequenceNo" : 655, "repealedDate" : null, "fromSection" : "391-Q", "toSection" : "391-Q", "text" : " § 391-q. Rebates. 1. For the purposes of this section, the term\\n\"rebate\" shall mean an offer to provide cash, credit, or credit towards\\nfuture purchases, that is offered to consumers who acquire or purchase a\\nspecified product or service and that is conditioned upon the customer\\nsubmitting a request for redemption after satisfying the terms and\\nconditions of the offer. The term shall not include any discount from\\nthe purchase price that is taken at the time of purchase, any discount,\\ncash, credit, or credit towards a future purchase that is automatically\\nprovided to a consumer without the need to submit a request for\\nredemption, or any refund that may be given to a consumer in accordance\\nwith a company's return, guarantee, adjustment, or warranty policies, or\\nany company's frequent shopper customer reward program.\\n 2. (a) Any individual, firm, company, partnership, limited liability\\ncompany, corporation or entity offering a consumer rebate shall provide\\nthe rebate redemption form directly with the product or at the same\\nlocation and at the same time that the consumer purchases the product,\\nor at the time a contractual agreement for service is signed by the\\nconsumer.\\n (b) Any individual, firm, company, partnership, limited liability\\ncompany, corporation or entity that does not provide rebate redemption\\nforms directly with its product may comply with this section by\\nsupplying the retailer with either of the following: (1) a sufficient\\nquantity of rebate redemption forms based on reasonably anticipated\\nsales; or (2) the means to create a rebate redemption form prior to or\\nat the time and place of sale.\\n (c) For purposes of internet sales, a generally accessible individual,\\nfirm, company, partnership, limited liability company, corporation or\\nentity internet site that clearly and conspicuously displays the rebate\\nredemption form as a printable document on the internet page on which\\nthe product is purchased or on an internet page accessible by a\\nhyperlink from the page on which the product is purchased shall comply\\nwith this section. For purposes of telephone sales, directing consumers\\nto a generally accessible individual, firm, company, partnership,\\nlimited liability company, corporation or entity internet site that\\nclearly and conspicuously displays the rebate redemption form as a\\nprintable document on the internet page on which the product is\\npurchased or on an internet page accessible by a hyperlink from the page\\non which the product is purchased and, upon request, sending the rebate\\nredemption form via the consumer's choice of regular or electronic mail\\nor telefacsimile shall comply with this section.\\n 3. (a) Any individual, firm, company, partnership, limited liability\\ncompany, corporation or entity that offers a consumer rebate shall\\nconspicuously disclose to the consumer (i) if the rebate will be issued\\nto the consumer in any form other than cash or check, including but not\\nlimited to credit, credit towards a future purchase, gift certificate,\\ngift card, general use prepaid card or any other form of compensation,\\nand (ii) whether any additional fees related to the exercise or\\nnon-exercise of the rebate may apply.\\n (b) Any retailer advertising a rebate shall clearly disclose whether\\nthe rebate will be issued to the consumer in any form other than cash or\\ncheck, including but not limited to credit, credit towards a future\\npurchase, gift certificate, gift card, general use prepaid card or any\\nother form of compensation.\\n (c) Any individual, firm, company, partnership, limited liability\\ncompany, corporation or entity that offers a consumer rebate shall allow\\na minimum of fourteen days from the date the consumer purchases the\\nproduct, or becomes eligible for the rebate upon satisfying the terms\\nand conditions of the offer for the submission of a request for\\nredemption by the consumer.\\n 4. Upon receipt of a request for redemption meeting the terms and\\nconditions of the rebate offer, an individual, firm, company,\\npartnership, limited liability company, corporation or entity shall mail\\nthe rebate or transmit the rebate funds to the consumer within sixty\\ndays.\\n 5. Any person, firm, corporation or association offering a rebate who\\nviolates this section shall be subject to a civil penalty of not less\\nthan one hundred dollars nor more than one thousand dollars for each\\nsuch violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-R", "title" : "Restricted access to retail sale of ipecac", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-R", "activeDate" : "2014-09-22", "sequenceNo" : 656, "repealedDate" : null, "fromSection" : "391-R", "toSection" : "391-R", "text" : " § 391-r. Restricted access to retail sale of ipecac. 1. Any retail\\nestablishment that sells any product or products containing as the only\\nactive ingredient ipecac, shall limit access to such products in a\\nmanner designed to prevent the misuse or abuse of such products. Such\\nlimitations shall include removing such products from shelves and other\\nlocations that are directly accessible by customers, and placing such\\nproducts behind a pharmacy counter so that a consumer must request such\\nproducts in order to obtain such products from an employee working in\\nthe pharmacy. If the retail establishment wishes to sell such products\\nbut does not maintain a pharmacy at that retail location, such products\\nshall be made secure such that they may only be accessed by a manager,\\nassistant manager, acting manager or other supervisory personnel at such\\nlocation.\\n 2. As used in this section \"retail establishment\" means every vendor\\nthat in the regular course of business sells products containing ipecac\\nat retail directly to the public including, but not limited to,\\npharmacies, grocery stores, and other retail stores.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-S", "title" : "Restricted access to retail sale of dextromethorphan, commonly known as \"dxm\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-02-09" ], "docLevelId" : "391-S", "activeDate" : "2014-09-22", "sequenceNo" : 657, "repealedDate" : null, "fromSection" : "391-S", "toSection" : "391-S", "text" : " * § 391-s. Restricted access to retail sale of dextromethorphan,\\ncommonly known as \"dxm\". 1. No retail establishment offering for sale\\nany product or products containing as an active ingredient\\ndextromethorphan, shall permit the sale of such products to persons\\nunder the age of eighteen without a valid prescription. Retail\\nestablishments shall require proof of legal age for purchase of such\\nproducts. Such identification need not be required of any individual who\\nreasonably appears to be at least twenty-five years of age, provided,\\nhowever, that such appearance shall not constitute a defense in any\\nproceeding alleging the sale of any product or products containing as an\\nactive ingredient dextromethorphan to an individual under eighteen years\\nof age. Any retail establishment which violates the provisions of this\\nsection shall be subject to a fine of two hundred fifty dollars for each\\nsuch violation.\\n 2. As used in this section \"retail establishment\" means every vendor\\nthat in the regular course of business sells products containing\\ndextromethorphan at retail directly to the public including, but not\\nlimited to, pharmacies, grocery stores, and other retail stores.\\n 3. This section shall supersede any local laws or ordinances\\nregulating the sales of products containing dextromethorphan.\\n * NB There are 2 § 391-s's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-S*2", "title" : "Sale and distribution of novelty lighters prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391-S*2", "activeDate" : "2014-09-22", "sequenceNo" : 658, "repealedDate" : null, "fromSection" : "391-S*2", "toSection" : "391-S*2", "text" : " * § 391-s. Sale and distribution of novelty lighters prohibited. 1.\\nDefinitions:\\n (a) \"Audio effects\" means music, animal sounds, whistles, buzzers,\\nbeepers or other noises not typically caused by or pertinent to the\\nflame-producing function of the lighter.\\n (b) \"Distribute\" means to:\\n (i) Deliver to a person other than the purchaser, for retail sale; or\\n (ii) Provide as part of a commercial promotion or as a prize or\\npremium.\\n (c) \"Importer\" means a person who causes a lighter to enter this state\\nfrom a manufacturing, wholesale, distribution or retail sales point\\noutside this state, for the purpose of selling or distributing the\\nlighter within this state or with the result that the lighter is sold or\\ndistributed within this state.\\n (d) \"Lighter\" means a mechanical or electrical device of a type\\ntypically used for igniting tobacco products by use of a flame.\\n (e) \"Novelty lighter\" means a mechanical or electrical device\\ntypically used for the purpose of producing a flame to light cigarettes,\\ncigars or pipes and which, due to the physical or audio features of the\\ndevice, excluding its capability of producing a flame, would reasonably\\nbe expected to cause the lighter to be appealing or attractive to a\\nchild including, but not limited to, lighters that resemble a cartoon\\ncharacter, toy, gun, watch, musical instrument, vehicle, animal,\\nbeverage, sporting equipment or that is capable of creating audio\\neffects or displaying flashing lights.\\n (f) \"Sell\" means to provide or promise to provide to a wholesale,\\nretail, mail-order or other purchaser in exchange for consideration.\\n 2. No person, firm, partnership, association or corporation shall\\ndistribute, sell at retail or offer for retail sale in this state, or to\\nany person located in this state, a novelty lighter.\\n 3. This section shall not apply: (a) to a novelty lighter manufactured\\nbefore January first, nineteen hundred eighty and which is considered a\\ncollectible item within the collectible trade; (b) to a disposable or\\nrefillable lighter with a logo, label, decal or artwork printed thereon\\nor on heat shrinkable sleeves attached thereto but which does not\\notherwise resemble a novelty lighter; or (c) if not intended for sale or\\nuse in the state, to the interstate transportation of a novelty lighter\\nor to the temporary storage of a novelty lighter while in interstate\\ncommerce.\\n 4. The division of homeland security and emergency services shall\\nestablish and publicize a toll free telephone hotline number to receive\\ninformation from the public about suspected violations of this section.\\nThe division of homeland security and emergency services shall provide\\ninformation on its agency website regarding this section and the dangers\\nof novelty lighters, and provide the opportunity for persons suspecting\\nviolations of this section to transmit such information to the division\\nthrough the Internet.\\n 5. Whenever any police officer designated in section 1.20 of the\\ncriminal procedure law or a peace officer designated in subdivision four\\nand subdivision seventy-nine pertaining to the office of fire prevention\\nand control, of section 2.10 of such law, acting pursuant to his or her\\nspecial duties, shall discover a novelty lighter in violation of this\\nsection, such officer is hereby authorized and empowered forthwith to\\nseize and take possession of such items. Such seized items shall be\\nturned over to the state fire administrator or his designee.\\n 6. Any person who violates this section shall be subject to a civil\\npenalty as follows:\\n (a) Not more than ten thousand dollars if the person is a manufacturer\\nor importer of lighters.\\n (b) Not more than one thousand dollars if the person is a wholesaler\\nof lighters or distributes lighters by means other than distribution\\ndirectly to consumers.\\n (c) Not more than five hundred dollars if the person is:\\n (i) A retail seller of lighters; or\\n (ii) A person distributing lighters, if the person is other than a\\nmanufacturer, importer or wholesaler.\\n (d) Possession of each novelty lighter in violation of this section\\nshall constitute a separate violation. If a person continues to violate\\nthis section after being given written notice of the violation, each day\\nthat the violation continues is a separate offense subject to a civil\\npenalty.\\n 7. The division of homeland security and emergency services is hereby\\nauthorized to promulgate such rules and regulations as are deemed\\nnecessary to implement the provisions of this section, including\\nprescribing minimum standards for administration and enforcement of this\\nsection. The division of homeland security and emergency services may\\nassess monetary penalties as established herein, such penalties\\ncommencing on the first day following the abatement date specified in an\\norder, and continuing until the violation has been abated. Abatement of\\nviolations shall be verified by the state fire administrator.\\n 8. In addition to the enforcement authority granted to the division of\\nhomeland security and emergency services in this section, whenever there\\nshall be a violation of this section, an application may be made by the\\nattorney general in the name of the people of the state of New York, to\\na court or justice having jurisdiction by a special proceeding to issue\\nan injunction, and upon notice to the defendant of not less than five\\ndays, to enjoin and restrain the continuance of such violation; and if\\nit shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by the court or justice, enjoining and restraining any further\\nviolations, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this section has occurred, the court may\\nimpose a civil penalty as set forth in subdivision six of this section.\\nIn connection with any such proposed application, the attorney general\\nis authorized to take proof and make a determination of the relevant\\nfacts and to issue subpoenas in accordance with the civil practice law\\nand rules.\\n * NB There are 2 § 391-s's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-T", "title" : "Sale of small animals; instructions on care", "docType" : "SECTION", "publishedDates" : [ "2015-12-18", "2016-03-18" ], "docLevelId" : "391-T", "activeDate" : "2016-03-18", "sequenceNo" : 659, "repealedDate" : null, "fromSection" : "391-T", "toSection" : "391-T", "text" : " § 391-t. Sale of small animals; instructions on care. 1. As used in\\nthis section, a \"small animal\" shall mean any small mammal, excluding\\ndogs or cats, including but not limited to, hamsters, chinchillas,\\nguinea pigs, gerbils, rabbits, mice, rats, ferrets and any small\\namphibians or reptiles, including but not limited to frogs, snakes and\\nlizards, but shall not include any small animals that are expressly sold\\nfor the purpose of feeding other animals.\\n 2. As used in this section, a \"retailer\" shall mean any person who\\nconducts a business of selling or offering for sale small animals at\\nretail for profit to the public.\\n 3. Every retailer that sells small animals to the public, shall, at\\nthe time of sale, deliver or provide digital access to the purchaser of\\na small animal, written care recommendations for the class of small\\nanimal being purchased, which recommendations shall: (a) include\\ngenerally accepted information intended for an inexperienced pet owner\\non housing, equipment, sanitation, environment, feeding and watering,\\nhandling, and veterinary care; and (b) have been created or published by\\na reliable source including but not limited to: a state or national\\nprofessional veterinary association; an association established for the\\npreservation and care of any such small animal; or an association\\nrepresenting pet retailers.\\n 4. All retailers that sell small animals to the public shall maintain\\na copy of the written care recommendations for each class of small\\nanimal they sell, which shall be available for inspection by the\\ndepartment of agriculture and markets.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-U", "title" : "Pricing goods and services on the basis of gender prohibited", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2020-05-01", "2020-10-02" ], "docLevelId" : "391-U", "activeDate" : "2020-10-02", "sequenceNo" : 660, "repealedDate" : null, "fromSection" : "391-U", "toSection" : "391-U", "text" : " * § 391-u. Pricing goods and services on the basis of gender\\nprohibited. 1. Definitions. For the purposes of this section, the\\nfollowing terms shall have the following meanings:\\n (a) \"Business\" shall mean any business acting within the state of New\\nYork that sells goods to any individual or entity including, but not\\nlimited to, retailers, suppliers, manufacturers, or distributors;\\n (b) \"Goods\" shall mean any consumer product used, bought or rendered\\nprimarily for personal, family or household purposes;\\n (c) \"Services\" shall mean any consumer services used, bought or\\nrendered primarily for personal, family or household purposes;\\n (d) \"Substantially similar\" shall mean:\\n (i) two goods that exhibit no substantial differences in: (A) the\\nmaterials used in production; (B) the intended use of the good; (C) the\\nfunctional design and features of the good; and (D) the brand of the\\ngood; or\\n (ii) two services that exhibit no substantial difference in: (A) the\\namount of time to provide the services; (B) the difficulty in providing\\nthe services; and (C) the cost of providing the services. A difference\\nin coloring among any good shall not be construed as a substantial\\ndifference for the purposes of this paragraph.\\n 2. No person, firm, partnership, company, corporation, or business\\nshall charge a price for any two goods that are substantially similar,\\nif such goods are priced differently based on the gender of the\\nindividuals for whom the goods are marketed and intended.\\n 3. No person, firm, partnership, company, corporation or business\\nshall charge a price for any services that are substantially similar if\\nsuch services are priced differently based upon the gender of the\\nindividuals for whom the services are performed, offered, or marketed.\\n 4. Nothing in this section prohibits price differences in goods or\\nservices based specifically upon the following:\\n (a) the amount of time it took to manufacture such goods or provide\\nsuch services;\\n (b) the difficulty in manufacturing such goods or offering such\\nservices;\\n (c) the cost incurred in manufacturing such goods or offering such\\nservices;\\n (d) the labor used in manufacturing such goods or providing such\\nservices;\\n (e) the materials used in manufacturing such goods or providing such\\nservices; or\\n (f) any other gender-neutral reason for having increased the cost of\\nsuch goods or services.\\n 5. Any person, firm, partnership, company, corporation, or business\\nthat provides services, as defined by this section, shall provide the\\ncustomer with a complete written price list upon request.\\n 6. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations. If it shall\\nappear to the satisfaction of the court or justice that the defendant\\nhas, in fact, violated this section, an injunction may be issued by such\\ncourt or justice, enjoining or restraining any violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding the court may make allowances to the\\nattorney general as provided in section eighty-three hundred three of\\nthe civil practice law and rules, and may make direct restitution. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty not to exceed\\ntwo hundred fifty dollars for a first violation, and a civil penalty not\\nto exceed five hundred dollars for each subsequent violation. For the\\npurposes of this section, all identical items priced on the basis of\\ngender shall be considered a single violation.\\n * NB There are 2 § 391-u's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "391-U*2", "title" : "Restrictions on the sale and use of firefighting equipment containing PFAS chemicals", "docType" : "SECTION", "publishedDates" : [ "2020-05-01", "2025-05-16" ], "docLevelId" : "391-U*2", "activeDate" : "2020-05-01", "sequenceNo" : 661, "repealedDate" : null, "fromSection" : "391-U*2", "toSection" : "391-U*2", "text" : " * § 391-u. Restrictions on the sale and use of firefighting equipment\\ncontaining PFAS chemicals. 1. As used in this section, unless the\\ncontext clearly requires otherwise:\\n (a) \"Class B firefighting foam\" means foams designed to prevent or\\nextinguish ignitable liquid fires.\\n (b) \"Ignitable liquid fire\" means any fire involving a flammable or\\ncombustible liquid where blanketing and smothering for vapor suppression\\nis needed to extinguish the fire.\\n (c) \"Firefighting personal protective equipment\" means any clothing\\ndesigned, intended, or marketed to be worn by firefighting personnel in\\nthe performance of their duties, designed with the intent for the use in\\nfirefighting and rescue activities, including jackets, pants, shoes,\\ngloves, helmets, and respiratory equipment.\\n (d) \"Local governments\" includes any county, city, town, village, fire\\ndistrict, fire company as defined in section two hundred four-a of the\\ngeneral municipal law, regional fire protection authority, or other\\nspecial purpose district that provides firefighting services.\\n (e) \"Manufacturer\" includes any person, firm, association,\\npartnership, corporation, organization, joint venture, importer or\\ndomestic distributor of firefighting agents or firefighting equipment.\\n (f) \"Perfluoroalkyl and polyfluoroalkyl substances\" or \"PFAS\\nchemicals\" means, for the purposes of firefighting agents and\\nfirefighting equipment, a class of fluorinated organic chemicals\\ncontaining at least one fully fluorinated carbon atom.\\n (g) \"Person\" means any individual, partnership, association, public or\\nprivate corporation, limited liability company or any other type of\\nlegal or commercial entity, including their members, managers, partners,\\ndirectors, or officers.\\n 2. No person or state agency shall discharge or otherwise use for\\ntraining purposes class B firefighting foam that contains intentionally\\nadded perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals).\\n 3. (a) Commencing two years after the effective date of this section,\\nno manufacturer of class B firefighting foam may manufacture, knowingly\\nsell, offer for sale, distribute for sale, or distribute for use in this\\nstate class B firefighting foam to which PFAS chemicals have been\\nintentionally added except as provided in paragraph (b) of this\\nsubdivision.\\n (b) The restrictions in paragraph (a) of this subdivision shall not\\napply to the manufacture, sale, or distribution of class B firefighting\\nfoam:\\n (1) For use in suppressing or preventing an ignitable liquid fire\\nwhere the office of fire prevention and control, in consultation with\\nthe department of environmental conservation and the department of\\nhealth, through promulgation of a rule, exempts a use of class B\\nfirefighting foam on the basis that an alternative firefighting agent to\\nwhich PFAS chemicals have not been intentionally added and that is\\neffective in suppressing or preventing an ignitable liquid fire is not\\navailable. If the office of fire prevention and control exempts a use of\\nclass B firefighting foam from the restrictions in paragraph (a) of this\\nsubdivision, it shall re-evaluate available alternative firefighting\\nagents at least every two years as long as the exemption remains in\\nplace, and repeal such exemption upon a finding that an alternative\\nfirefighting agent to which PFAS chemicals have not been intentionally\\nadded is available that is effective in suppressing or preventing an\\nignitable liquid fire.\\n (2) Where the inclusion of PFAS chemicals are required by federal law\\nor regulations. In the event that applicable federal laws or regulations\\nchange after the effective date of this section to allow the use of\\neffective alternative firefighting agents that do not contain PFAS\\nchemicals, the office of fire prevention and control may adopt rules\\nthat restrict PFAS chemicals for the manufacture, sale, and distribution\\nof firefighting foam for uses that are addressed by the federal law or\\nregulation.\\n 4. (a) A manufacturer of class B firefighting foam restricted under\\nsubdivision three of this section shall notify, in writing, persons that\\nsell the manufacturer's products in this state about the provisions of\\nthis section no less than one year prior to the implementation date of\\nthe restrictions set forth in subdivision three of this section.\\n (b) A manufacturer that produces, sells, or distributes a class B\\nfirefighting foam prohibited under subdivision three of this section\\nshall recall the product, which includes collection, transport,\\ntreatment, storage and safe disposal, after the implementation date of\\nthe restrictions set forth in subdivision three of this section and\\nreimburse the retailer or any other purchaser for the product.\\n 5. (a) A manufacturer or other person that sells firefighting personal\\nprotective equipment to any person, local government, or state agency\\nmust provide written notice to the purchaser at the time of sale if the\\nfirefighting personal protective equipment contains PFAS chemicals. The\\nwritten notice must include a statement that the firefighting personal\\nprotective equipment contains PFAS chemicals and the reason PFAS\\nchemicals are added to the equipment.\\n (b) The manufacturer or person selling firefighting personal\\nprotective equipment and the purchaser of the equipment must retain the\\nnotice on file for at least three years from the date of the\\ntransaction.\\n 6. The office of fire prevention and control may issue guidance to\\nstate agencies, fire protection districts and local governments in\\navoiding the purchase or use of class B firefighting foams to which PFAS\\nchemicals have been intentionally added and to give priority and\\npreference to the purchase of firefighting personal protective equipment\\nthat does not contain PFAS chemicals.\\n 7. Any manufacturer or person in violation of the provisions of this\\nsection shall be subject to a civil penalty not to exceed five thousand\\ndollars for each violation in the case of a first offense. Manufacturers\\nor persons that are repeat violators of the provisions of this section\\nshall be subject to a civil penalty not to exceed ten thousand dollars\\nfor each repeat offense. Penalties collected under this section shall be\\ndeposited in the hazardous waste remedial fund created by section\\nninety-seven-b of the state finance law.\\n * NB There are 2 § 391-u's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392", "title" : "Second-hand watches", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392", "activeDate" : "2014-09-22", "sequenceNo" : 662, "repealedDate" : null, "fromSection" : "392", "toSection" : "392", "text" : " § 392. Second-hand watches. 1. Definitions. As used in this section:\\n A. \"Person\" shall be deemed to mean a person, firm, partnership,\\nassociation or corporation.\\n B. \"Consumer\" shall be deemed to mean an individual, firm,\\npartnership, association or corporation who buys for own use, or for the\\nuse of another but not for resale.\\n C. A \"second-hand\" watch shall be deemed to mean: A watch which, as a\\nwhole, the case thereof, or the movement thereof has been sold to a\\nconsumer; provided, however, that a watch which has been so sold and is\\nthereafter returned, either through an exchange or for credit, to the\\nsame person who sold such watch to the consumer, shall not be deemed to\\nbe a second-hand watch for the purpose of this act if such person keeps\\na written or printed record setting forth the name and address of the\\nconsumer, the date of the sale to the consumer, the name of the watch or\\nits maker, and the serial numbers, if any, on the case and the movement\\nof the watch, or other distinguishing numbers or identification marks,\\nthe aforesaid record to be kept for at least three years from the date\\nof the sale of the watch and to be open for inspection during all\\nbusiness hours by the district attorney, or his representative, of the\\ncounty in which such person is engaged in business; or\\n Any watch whose case or movement, serial numbers or other\\ndistinguishing numbers or identification marks have been erased,\\ndefaced, removed, altered or covered; or\\n Any watch, the movement of which is more than five years old and has\\nbeen repaired, or any part or parts of the watch, including the\\nmovement, have been replaced, whether in the vendor's hands or while in\\nthe possession of another; and this provision shall apply whether or not\\nthe watch has been returned, either through an exchange or for credit to\\nthe same person who sold or disposed of said watch to the consumer in\\nany manner.\\n 2. Any person, or agent or employee thereof, who sells a second-hand\\nwatch, shall affix and keep affixed to the same a tag with the words\\n\"second-hand\" legibly written or printed thereon in the English\\nlanguage. For the purposes of this subdivision, \"sell\" shall be deemed\\nto include offer to sell or exchange, expose for sale or exchange,\\npossess with intent to sell or exchange, and sell or exchange.\\n 3. Any person, or agent or employee thereof, who sells a second-hand\\nwatch shall deliver to the vendee a written invoice setting forth the\\nname and address of the vendor, the name and address of the vendee, the\\ndate of the sale, the name of the watch or its maker, and the serial\\nnumbers, if any or other distinguishing numbers or identification marks\\non its case and movement. In the event the serial numbers, or other\\ndistinguishing numbers or identification marks have been erased,\\ndefaced, removed, altered or covered, this shall be set forth in the\\ninvoice. A duplicate of the aforesaid invoice shall be kept on file by\\nthe vendor of such second-hand watch for at least three years from the\\ndate of the sale thereof and shall be open to inspection during all\\nbusiness hours by the district attorney or his representative of the\\ncounty in which the vendor is engaged in business.\\n 4. Any person advertising in any manner second-hand watches for sale\\nshall state clearly in such advertising that the watches so advertised\\nare second-hand watches.\\n 5. Any violation of this act shall constitute a misdemeanor and shall\\nbe punishable by a fine of not more than five hundred dollars, or not\\nmore than one hundred days in jail or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-A", "title" : "Sale of new computers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-A", "activeDate" : "2014-09-22", "sequenceNo" : 663, "repealedDate" : null, "fromSection" : "392-A", "toSection" : "392-A", "text" : " § 392-a. Sale of new computers. 1. As used in this section, the\\nfollowing terms have the following meanings:\\n (a) \"Computer\" means an electronic machine that performs high speed\\nmathematical or logical calculations or that assembles, stores,\\ncorrelates, or otherwise processes and outputs information derived from\\ncoded data in accordance with a predetermined program;\\n (b) \"Computer accessory\" means keyboards, monitors, printers, mouses,\\nor other hardware attachments to a computer; and\\n (c) \"Consumer\" means any purchaser of a computer or computer accessory\\nprimarily for personal or home business use.\\n 2. No person, firm, partnership, association, limited liability\\ncompany, corporation, or other entity shall use remanufactured, rebuilt,\\nor recycled parts in the manufacture for sale or distribution in this\\nstate of a new computer or any new computer accessory to a consumer at\\nretail, unless (1) such computer or computer accessory contains a clear\\nand conspicuous label in accordance with subdivision three of this\\nsection; or (2) the manufacturer otherwise provides to the consumer,\\nprior to purchase, clear and conspicuous notice that the product\\ncontains rebuilt, remanufactured or recycled components.\\n 3. The label required pursuant to subdivision two of this section\\nshall: (a) indicate that such computer or computer accessory may\\ncontain remanufactured, rebuilt, or recycled parts; and\\n (b) be displayed by sticker or tag affixed to the computer or computer\\naccessory or its protective packaging or wrapping, or if such computer\\nor computer accessory is in a box, such label shall be printed or\\ndisplayed by sticker or tag affixed to the outside of such box.\\n 4. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. If the court in such a special proceeding determines that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not more than five hundred dollars for each violation. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-B", "title" : "False labels and misrepresentations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-B", "activeDate" : "2014-09-22", "sequenceNo" : 664, "repealedDate" : null, "fromSection" : "392-B", "toSection" : "392-B", "text" : " § 392-b. False labels and misrepresentations. A person, who with\\nintent to defraud:\\n 1. Puts upon an article of merchandise, or upon a cask, bottle,\\nstopper, vessel, case, cover, wrapper, package, band, ticket, label or\\nother thing, containing or covering such an article, or with which such\\nan article is intended to be sold, or is sold, any false description or\\nother indication of or respecting the kind, number, quantity, weight or\\nmeasure of such article, or any part thereof, or the place or country\\nwhere it was manufactured or produced or the quality or grade of any\\nsuch article, if the quality or grade thereof is required by law to be\\nmarked, branded or otherwise indicated on or with such article; or\\n 2. Sells or offers for sale an article, which to his knowledge is\\nfalsely described or indicated upon any such package, or vessel\\ncontaining the same, or label thereupon, in any of the particulars\\nspecified; or\\n 3. Sells or exposes for sale any goods in bulk to which no name or\\ntrademark shall be attached, and orally or otherwise represents that\\nsuch goods are the manufacture or production of some other than the\\nactual manufacturer or producer, in a case where the punishment for such\\noffense is not specially provided for otherwise by statute, is guilty of\\na misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-C", "title" : "Obliteration of marks of origin", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-C", "activeDate" : "2014-09-22", "sequenceNo" : 665, "repealedDate" : null, "fromSection" : "392-C", "toSection" : "392-C", "text" : " § 392-c. Obliteration of marks of origin. 1. Definitions. As used in\\nthis section:\\n (a) \"Person\" shall be deemed to include a firm, partnership,\\nassociation or corporation.\\n (b) \"Sell\" shall be deemed to include offer to sell, expose for sale,\\nand possess with intent to dispose of or to sell.\\n (c) \"Article of merchandise\" shall be deemed to include a cask,\\nbottle, stopper, vessel, case, cover, wrapper, package, band, ticket,\\nlabel or other thing containing or covering an article of merchandise,\\nor with which an article of merchandise is intended to be sold, or is\\nsold.\\n (d) \"Mark of origin\" shall be deemed to mean and include any name,\\nmark or indication of the place or country from which an article of\\nmerchandise was imported into the United States of America or its\\ninsular possessions, or the name, mark or indication of the place or\\ncountry in which an article of merchandise was manufactured, packed,\\nassembled, grown or produced.\\n (e) \"Remove\" shall be deemed to include deface, alter and obliterate.\\n (f) \"Conceal\" shall be deemed to include the original placing of a\\nmark of origin upon an article of merchandise in any manner whatsoever,\\nor the arranging or combining of two or more articles of merchandise\\ninto a single unit whereby the mark of origin is removed from open view,\\nor is rendered illegible or inconspicuous.\\n (g) The terms \"remove\" and \"conceal\" are not to be deemed mutually\\nexclusive.\\n 2. Any person who wholly or in part removes or conceals or who shall\\ncause to be, wholly or in part, removed or concealed from or upon an\\narticle of merchandise the mark of origin; or who sells or causes to be\\nsold an article of merchandise from or upon which to his or its\\nknowledge, or to the knowledge of his or its agents, servants or\\nemployees there has been in whole or in part, removed or concealed the\\nmark of origin, or who sells or causes to be sold an article of\\nmerchandise from the inspection of which such knowledge could have been\\nobtained, shall be guilty of a misdemeanor, provided that it shall not\\nbe deemed a violation of this section if at the time of sale said\\narticle of merchandise and the immediate and outer container or\\ncontainers thereof shall be marked, stamped, tagged, branded or labeled\\nin legible and conspicuous English words with said mark of origin or the\\nconcealment thereof shall have completely ceased.\\n 3. The sale of an article of merchandise from which there has been in\\nwhole or in part removed or concealed a mark of origin shall be\\npresumptive evidence of the violation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-D", "title" : "Using false marks as to manufacture", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-D", "activeDate" : "2014-09-22", "sequenceNo" : 666, "repealedDate" : null, "fromSection" : "392-D", "toSection" : "392-D", "text" : " § 392-d. Using false marks as to manufacture. A person who, with\\nintent to defraud or to enable another to defraud any person,\\nmanufactures or knowingly sells or causes to be manufactured or sold,\\nany article, marked, stamped or branded or incased or inclosed in any\\nbox, bottle or wrapper, having thereupon any engraving or printed label,\\nstamp, imprint, mark or trade-mark which article is not the manufacture,\\nworkmanship or production of the person named, indicated or denoted by\\nsuch marking, stamping or branding, or by or upon such engraving,\\nprinted label, stamp, imprint, mark or trade-mark, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-E", "title" : "Using false statements or altering mileage registering devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-E", "activeDate" : "2014-09-22", "sequenceNo" : 667, "repealedDate" : null, "fromSection" : "392-E", "toSection" : "392-E", "text" : " § 392-e. Using false statements or altering mileage registering\\ndevices. 1. Upon the transfer of ownership of a motor vehicle, the\\nseller shall enter on any instrument executed by him, including any form\\nprescribed by the commissioner of motor vehicles, and on any other bill\\nof sale, certificate, or evidence of title or condition given by him at\\nthe time of transfer or sale, the mileage said motor vehicle purports to\\nhave been operated as the same appears upon the odometer in such motor\\nvehicle. In the event that such odometer mileage is known to the seller\\nto be less than such motor vehicle has actually travelled, the seller\\nshall enter upon any said transfer instrument or statement \"True mileage\\nunknown.\" In the event that it is known to the seller that the mileage\\nindicated on such odometer is beyond its designed mechanical limits, he\\nshall state the total cumulative mileage on the aforesaid prescribed\\ntransfer instruments. Any person, firm, partnership, or corporation who\\ngives a false statement to a transferee under the provisions of this\\nsection, shall be guilty of a misdemeanor, provided, however, that no\\nperson, firm, partnership, or corporation shall be convicted under the\\nsection where a vehicle has been resold in reliance on the required\\nstatement of the prior owner and pursuant to the provisions of\\nsubdivision one, two, three and four of section three hundred\\nninety-two-e.\\n 2. A person, firm, partnership, or corporation who shall misrepresent\\nthe mileage of a motor vehicle to a transferee by the execution and\\ndelivery of the written statement required in the preceding paragraph\\nhereof and which in fact is false, or who shall misrepresent such\\nmileage to a transferee by disconnection, changing, or causing to be\\ndisconnected or changed any mileage registering device on a motor\\nvehicle so as to thereby indicate a lesser mileage than such motor\\nvehicle has actually travelled, shall be guilty of a misdemeanor.\\n 2-a. (a) No person, firm, partnership, or corporation shall, prior to\\nthe transfer of ownership of a motor vehicle, misrepresent by any\\nstatement, express or implied and which in fact is false, the mileage\\nsaid motor vehicle purports to have been operated as the same appears on\\nthe odometer in such motor vehicle. Nothing contained herein shall be\\ndeemed to supercede the provisions of any other subdivision of this\\nsection.\\n (b) A violation of this subdivision shall be subject to a fine not to\\nexceed five hundred dollars for each violation; provided, however, that\\na knowing or willful violation of this subdivision shall be subject to a\\nfine not to exceed one thousand five hundred dollars for each such\\nviolation. No person, firm, partnership, or corporation shall be deemed\\nto have violated this subdivision where the vehicle is sold, offered for\\nsale, or advertised for sale in reliance on the required statement of\\nthe prior owner and pursuant to the provisions of subdivisions one, two,\\nthree and four of this section.\\n (c) Unless the misrepresentation was made with an intent to defraud,\\nthe provisions of paragraphs (a) and (b) of this subdivision shall not\\napply to a statement made regarding a vehicle the most current ownership\\ndocument for which is a salvage certificate or like document issued by a\\nstate or jurisdiction or regarding a vehicle sold by a salvage pool\\nregistered under section four hundred fifteen-a of the vehicle and\\ntraffic law.\\n 3. Nothing herein contained shall prevent the service, repair or\\nreplacement of a mileage registering device, provided the mileage\\nindicated thereon remains the same as before the service, repair or\\nreplacement; or provided the mileage registering device reads zero and a\\nnotice in writing is attached to the left front door frame of the\\nvehicle by the owner or his agent, indicating the mileage prior to\\nreplacement and the date on which it was replaced. Any unauthorized\\nremoval of such notice so affixed shall constitute a violation of\\nsubdivision two of section three hundred ninety-two-e.\\n 4. This section shall not apply to new motor vehicles. A new motor\\nvehicle is one sold or transferred by a manufacturer, distributor or\\ndealer and which has not been placed in consumer use or has not been\\nused as a demonstrator.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-F", "title" : "Taximeters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-F", "activeDate" : "2014-09-22", "sequenceNo" : 668, "repealedDate" : null, "fromSection" : "392-F", "toSection" : "392-F", "text" : " § 392-f Taximeters. 1. Definitions. As used in this section:\\n (a) \"Person\" shall include a person, firm, partnership, association or\\ncorporation.\\n (b) \"Sell\" shall include offer to sell, expose for sale, and possess\\nwith intent to dispose of or to sell.\\n (c) \"Taximeter\" shall include any device which, when affixed to a\\nmotor vehicle, is so constructed as to operate as a fare indicator and a\\ntime and distance register for the purpose of automatically determining\\nthe charge for which a passenger becomes liable.\\n (d) \"Remove\" shall include deface, alter, conceal and obliterate.\\n 2. (a) No manufacturer shall offer for sale any taximeter which does\\nnot have etched, stamped or permanently impressed thereon a serial\\nnumber which has been assigned to it by the manufacturer.\\n (b) Any manufacturer who sells taximeters within the state shall keep\\na record of the transaction. The record shall indicate (i) the serial\\nnumber of the taximeter sold, (ii) the name and address of the vendee,\\n(iii) the date of the sale and (iv) the purchase price.\\n 3. A person being the owner or lawful custodian of a taximeter, the\\noriginal identification number of which shall have been removed or which\\nnever bore a serial number, may apply to the county or municipal\\nauthority charged with the obligation of regulating the taxicab industry\\nwithin its jurisdiction, if any, for permission to make or stamp, or\\ncause to be made or stamped on such taximeter a serial number. If\\nsatisfied that the person making application for such permission is the\\ntrue owner of the taximeter and that its original number was not so\\nremoved at the instigation of the person making such application, or, if\\ndone by such person, was not done for an unlawful purpose, the county or\\nmunicipal authority shall issue to the applicant written permission to\\nstamp on the taximeter a special identification number designated by it.\\n 4. Any person who wholly or in part removes or who shall cause to be,\\nwholly or in part, removed from or upon a taximeter the serial number;\\nor who sells or causes to be sold a taximeter from or upon which to his\\nor its knowledge, or to the knowledge of his or its agents, servants or\\nemployees there has been in whole or in part, removed or concealed the\\nserial number, or who sells or causes to be sold a taximeter from the\\ninspection of which such knowledge could have been obtained, shall be\\nguilty of a misdemeanor.\\n 5. The sale of a taximeter from which there has been in whole or in\\npart removed or concealed a mark of origin shall be presumptive evidence\\nof the violation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-G", "title" : "Sale of ultraviolet radiation devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-G", "activeDate" : "2014-09-22", "sequenceNo" : 669, "repealedDate" : null, "fromSection" : "392-G", "toSection" : "392-G", "text" : " § 392-g. Sale of ultraviolet radiation devices. 1. When used in this\\nsection, the following words and phrases shall have the meanings\\nascribed to them in this section:\\n (a) \"Tanning facility\" shall mean any establishment where one or more\\nultraviolet radiation device is used, offered, or made available for use\\nby any human being, for which a fee is charged, directly or indirectly,\\nbut shall not include any facility where any such device is used by a\\nqualified health care professional for treatment of medical conditions.\\n (b) \"Ultraviolet radiation device\" shall mean any equipment which is\\ndesigned to emit electromagnetic radiation in the wavelength interval of\\ntwo hundred to four hundred nanometers in air, and which is intended to\\ninduce tanning of the human skin through irradiation, including, but not\\nlimited to, a sunlamp, tanning booth, or tanning bed.\\n (c) \"Person\" shall mean an individual, corporation, partnership, joint\\nventure, or any business entity.\\n 2. No person shall offer for sale any ultraviolet radiation device for\\nuse in a tanning facility, or for the personal use of a consumer, unless\\nsuch device is conspicuously labeled with a warning stating the health\\nhazards associated with the use of such device, and setting forth a safe\\nexposure schedule, and such device is equipped with a timing device\\nlimiting exposure time to safe exposure levels.\\n 3. Each ultraviolet radiation device offered for sale shall be\\naccompanied without additional cost therefor by safety goggles.\\n 4. Each ultraviolet radiation device offered for sale shall include an\\neasily accessible on/off switch permitting an individual, while using\\nthe device, to turn off the radiation at any time the device is in use.\\n 5. Any person who knowingly fails to comply with the requirements of\\nthis section shall be assessed a civil penalty not to exceed fifty\\ndollars for the first violation, one hundred dollars for a second\\nviolation, and two hundred fifty dollars for any subsequent violation.\\nEach day such offense shall continue shall constitute a separate\\nadditional violation. It shall be a defense to the imposition of any\\nsuch civil penalty that the device was labeled and equipped as required\\nby this section and such label or equipment was removed, defaced, or\\nrendered inoperable by vandals, provided the person required to comply\\nwith this section subsequently so complies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-H", "title" : "Trash receptacles; dumpsters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-H", "activeDate" : "2014-09-22", "sequenceNo" : 670, "repealedDate" : null, "fromSection" : "392-H", "toSection" : "392-H", "text" : " § 392-h. Trash receptacles; dumpsters. No person or entity in\\npossession of a trash or refuse receptacle commonly referred to as a\\ndumpster or carting unit, having a capacity of more than twenty-five\\ncubic yards, shall allow or cause the same to be or remain unattended on\\na public street, highway or sidewalk unless such receptacle shall have a\\nclearly visible fluorescent stripe or marking, at least six inches wide,\\nwhich stripe or marking may be broken or segmented, located around the\\nentire outside perimeter thereof. Failure to comply with the provisions\\nhereof shall subject such person or entity to a civil penalty of\\ntwenty-five dollars per day, per unit, for each day such failure shall\\noccur. The provisions of this section shall supercede any inconsistent\\nprovision of any other general, special or local law to the contrary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-I", "title" : "Prices reduced to reflect change in sales tax computation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "392-I", "activeDate" : "2014-09-22", "sequenceNo" : 671, "repealedDate" : null, "fromSection" : "392-I", "toSection" : "392-I", "text" : " § 392-i. Prices reduced to reflect change in sales tax computation.\\nEvery person engaged in the retail sale of motor fuel and/or diesel\\nmotor fuel or a distributor of such fuels, as defined in article\\ntwelve-A of the tax law, shall reduce the price such person charges for\\nmotor fuel and/or diesel motor fuel in an amount equal to any reduction\\nin taxes prepaid by the distributor or paid by retail customers\\nresulting from computing sales and compensating use taxes at a cents per\\ngallon rate pursuant to the provisions of paragraph two of subdivision\\n(e) and subdivision (m) of section eleven hundred eleven of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "392-J", "title" : "Sales of sparkling devices", "docType" : "SECTION", "publishedDates" : [ "2014-11-28", "2014-12-26" ], "docLevelId" : "392-J", "activeDate" : "2014-12-26", "sequenceNo" : 672, "repealedDate" : null, "fromSection" : "392-J", "toSection" : "392-J", "text" : " § 392-j. Sales of sparkling devices. 1. Sales of sparkling devices as\\ndefined in subparagraph (vi) of paragraph (a) of subdivision one of\\nsection 270.00 of the penal law shall be lawful only for business\\nregistered by the state under section one hundred fifty-six-h of the\\nexecutive law between June first and July fifth or from December twenty-\\nsixth through January second of each year.\\n 2. Failure to comply with this section shall be deemed an offense as\\ndefined in subdivision two of section 270.00 of the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "393", "title" : "Lime; standard barrels", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393", "activeDate" : "2014-09-22", "sequenceNo" : 673, "repealedDate" : null, "fromSection" : "393", "toSection" : "393", "text" : " § 393. Lime; standard barrels. There is hereby established a large and\\na small barrel of lime, the large barrel to consist of two hundred and\\neighty pounds and the small barrel to consist of one hundred and eighty\\npounds, net weight. It shall be unlawful for any person to sell or offer\\nfor sale lime, unless there shall be stencilled or otherwise clearly\\nmarked on one or both heads of the small barrel the figures \"180 lbs.\\nnet\" and of the large barrel the figures \"280 lbs. net,\" and on either\\nbarrel in addition the name of the manufacturer of the lime and where\\nmanufactured. When lime is sold in containers of less capacity than the\\nstandard small barrel, it shall be sold in fractional parts of said\\nstandard small barrel, and the net weight of lime contained in such\\ncontainer shall by stencil or otherwise be clearly marked thereon,\\ntogether with the name of the manufacturer thereof, and the name of the\\nbrand, if any, under which it is sold. It shall be unlawful to pack,\\nsell, or offer for sale any barrels or other containers of lime which\\nare not marked as provided in this act, or to sell, charge for, or\\npurport to deliver as a large or small barrel or a fractional part of\\nsaid small barrel of lime, any less weight of lime than is established\\nby the provisions of this section. Any person violating any of the\\nprovisions of this section shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "393-A", "title" : "Non fire rated wood paneling", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393-A", "activeDate" : "2014-09-22", "sequenceNo" : 674, "repealedDate" : null, "fromSection" : "393-A", "toSection" : "393-A", "text" : " § 393-a. Non fire rated wood paneling. It shall be unlawful for any\\nperson, firm or corporation to sell or offer for sale non fire rated\\nwood paneling, unless it shall be clearly marked on the back of the\\npaneling and on the package in which the paneling is sold a conspicuous\\nnotice that the paneling is not rated for fire purposes and is highly\\nflammable. For the purposes of this section non fire rated wood paneling\\nshall mean such paneling having a surface flamespread rating in excess\\nof two hundred determined by Underwriters Laboratory test No. 723 or\\nthe American Society for Testing Materials test No. E-84 or testing by\\nany qualified laboratory or testing organization which meets the\\ncriteria of American Society for Testing Materials test E548-76\\nconducted in conformity with generally accepted standards. A violation\\nof the provisions of this section shall be a class B misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "393-B", "title" : "Written solicitation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393-B", "activeDate" : "2014-09-22", "sequenceNo" : 675, "repealedDate" : null, "fromSection" : "393-B", "toSection" : "393-B", "text" : " § 393-b. Written solicitation. 1. Any written solicitation to enter\\ninto an agreement for various credit card protection services shall\\ndisclose that the purchase of credit card protection services or the\\nrenewal thereof is not required for a consumer to secure or retain his\\nor her credit card; and a concise statement regarding his or her rights\\nthat already exist free of charge under the \"Fair Credit Billing Act\"\\nand the regulations thereunder, as such acts and regulations may from\\ntime to time be amended. A credit card protection service means a\\nservice to protect, indemnify, or reimburse the credit card holder\\nagainst the loss or misuse of the credit card. Such term shall include\\nservices provided along with credit card protection services for the\\nsame price, including, but not be limited to, access to credit reports,\\nan explanation of credit entries on the report, the identification of\\nthose who have accessed the report, and insurance and security services.\\nNo agreement for services shall provide that services will be\\nautomatically renewed on an annual basis and the consumer billed, unless\\nthe consumer in the expiring agreement is notified not more than sixty\\ndays and not less than fifteen days prior to the termination of the\\nexisting agreement by mail of the credit protection service provider's\\nintention to automatically renew the agreement.\\n 2. Whenever there shall be a violation of this section, application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan one thousand dollars for each violation. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "393-C", "title" : "Sale of required labor postings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393-C", "activeDate" : "2014-09-22", "sequenceNo" : 676, "repealedDate" : null, "fromSection" : "393-C", "toSection" : "393-C", "text" : " § 393-c. Sale of required labor postings. Any person, corporation,\\nassociation, partnership or other entity which sells or offers to sell\\nin this state any printed materials which, or the substance of which,\\nare required to be posted in places of employment pursuant to the\\nprovisions of any federal or state law, rule or regulation, including,\\nbut not limited to, notices or materials relating to unemployment\\ninsurance, workers' compensation insurance or benefits, minimum wage and\\noccupational safety and health standards shall provide to the purchaser\\na notice in at least twelve point type, that such required notices or\\npostings are also available free of charge from the government office\\nhaving jurisdiction over the required notices or postings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "393-D", "title" : "Sale of certified copies of property deeds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393-D", "activeDate" : "2014-09-22", "sequenceNo" : 677, "repealedDate" : null, "fromSection" : "393-D", "toSection" : "393-D", "text" : " § 393-d. Sale of certified copies of property deeds. Any person,\\ncorporation, association, partnership or other entity which sells or\\noffers to sell in this state any certified copy of a property deed shall\\nprovide to the purchaser the following notice in at least twelve-point\\nboldface type prior to the time of sale:\\n \"Certified copies of property deeds are available at the county\\nclerk's office. The county clerk's office may charge a small fee for\\ncertified copies of such deeds, usually between two and four dollars a\\npage. Since most property deeds are between two and five pages in\\nlength, a certified copy can usually be obtained for between four and\\ntwenty dollars.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "393-E", "title" : "Sale of abandoned property location services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26" ], "docLevelId" : "393-E", "activeDate" : "2014-09-26", "sequenceNo" : 678, "repealedDate" : null, "fromSection" : "393-E", "toSection" : "393-E", "text" : " § 393-e. Sale of abandoned property location services. 1. For the\\npurposes of this section, \"abandoned property location services\" shall\\ninclude any service for a fee providing assistance to consumers for the\\npurposes of locating and/or retrieving property held by the state\\ncomptroller pursuant to the abandoned property law.\\n 2. Any person, corporation, association, partnership or other entity\\nwhich sells or offers to sell any abandoned property location services\\nfor abandoned property delivered to the state and held by the state\\ncomptroller shall, in every solicitation and agreement for such\\nservices, provide to the purchaser the following notice in a clear and\\nconspicuous manner, and in at least twelve-point boldface type prior to\\nthe time of sale:\\n \"Abandoned funds held by the State can be obtained directly from the\\nOffice of the State Comptroller by the owner of such funds without\\npaying a fee. These funds are held indefinitely by the Office of the\\nState Comptroller. For more information, contact the Office of the State\\nComptroller at (insert the current telephone number established by the\\nOffice of the State Comptroller for receiving inquiries from consumers\\nregarding unclaimed funds) or (insert the current address of the website\\nof the Office of the State Comptroller).\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394", "title" : "Lost or destroyed certificate of stock", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394", "activeDate" : "2014-09-22", "sequenceNo" : 679, "repealedDate" : null, "fromSection" : "394", "toSection" : "394", "text" : " § 394. Lost or destroyed certificate of stock. 1. The owner of shares\\nrepresented by a lost or destroyed certificate of stock, if the\\ncorporation shall refuse to issue a new certificate in place thereof,\\nmay apply to the supreme court, at any special term held in the district\\nwhere he resides, or in which the office of the corporation is located,\\nfor an order requiring the corporation to show cause why it should not\\nbe required to issue a new certificate in place of the one lost or\\ndestroyed. The application shall be by petition, duly verified by the\\nowner, stating that it is made pursuant to this section, the name of the\\ncorporation, the number and date of the certificate and to whom issued,\\nif known or if it can be ascertained by the petitioner, the number of\\nshares represented thereby, and as particular a statement of the\\ncircumstances attending such loss or destruction as the petitioner can\\ngive. Upon the presentation of the petition the court shall make an\\norder requiring the corporation to show cause, at a time and place\\ntherein mentioned, why it should not issue a new certificate of stock in\\nplace of the one described in the petition. A copy of the petition and\\norder shall be served on the corporation, in the manner prescribed for\\nthe service of a summons in an action against a corporation, at least\\ntwenty days before the return of the order to show cause. Notice of the\\napplication shall be given to the stockholder of record if he is a\\nperson other than the petitioner and if he is known to the petitioner,\\nand to such other persons as the court may direct; such notice shall be\\ngiven in such manner by publication or otherwise as the court may\\ndirect.\\n 2. Upon the return of the order, with proof of due service thereof,\\nthe court shall inquire into the truth of the allegations of the\\npetition and hear the proofs of the parties in regard thereto. The\\ncourt, if satisfied that the petitioner is the lawful owner of the\\nshares, or any part thereof, described in the petition, and that the\\ncertificate therefor has been lost or destroyed and cannot after due\\ndiligence be found, and that no sufficient cause has been shown why a\\nnew certificate should not be issued, shall make an order requiring the\\ncorporation, within a time specified, to issue and deliver to the\\npetitioner a new certificate for the number of shares specified in the\\norder, upon the petitioner depositing in such public office as the court\\nmay designate security or a bond to indemnify the corporation against\\nany liability or expense which it may incur by reason of the original\\ncertificate remaining outstanding. Such security or bond shall be in an\\namount which shall appear to the court sufficient in the circumstances\\nof the case to protect the interests of any persons to whom the\\ncorporation may incur liability, and shall be in such form and with such\\nsureties as the court shall approve. The court may also in its\\ndiscretion order the payment of the corporation's reasonable costs and\\ncounsel fees.\\n 3. The issuance of a new certificate under an order of the court shall\\nnot relieve the corporation from liability in damages to a transferee of\\nthe original certificate in good faith and for value. The corporation\\nshall not be liable to any such transferee in an amount in excess of the\\namount of the bond or the amount of the security required to be\\ndeposited.\\n 4. In case of conflict between this section and section 8--405 or\\n8--406 of the uniform commercial code, this section shall control.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394-A", "title" : "Proof of lost negotiable paper", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394-A", "activeDate" : "2014-09-22", "sequenceNo" : 680, "repealedDate" : null, "fromSection" : "394-A", "toSection" : "394-A", "text" : " § 394-a. Proof of lost negotiable paper. 1. Where, upon the trial of\\nan action, it appears that a negotiable instrument within article three\\nof the uniform commercial code, upon which the action or a counterclaim\\ninterposed in the action is founded, was lost while it belonged to the\\nparty claiming the amount due thereupon, he may prove the contents\\nthereof by parol or other secondary evidence and may recover or set off\\nthe amount due thereupon as if it was produced.\\n 2. For that purpose, he must give to the adverse party a written\\nundertaking, in a sum fixed by the judge or the referee, not less than\\ntwice the amount of the note or bill, with at least two sureties,\\napproved by the judge or the referee, to the effect that he will\\nindemnify the adverse party, his heirs and personal representatives,\\nagainst any claim by any other person, on account of the note or bill,\\nand against all costs and expenses, by reason of such a claim.\\n 3. But where an action is prosecuted or defended by the state, or by a\\npublic officer in its behalf, the state or the public officer may prove\\nthe contents of a lost negotiable instrument within article three of the\\nuniform commercial code, by parol or other secondary evidence, and may\\nrecover or set off the amount due thereupon, without giving any security\\nto the adverse party notwithstanding section 3--804 of such code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394-B", "title" : "Limitations on certain contracts for instruction or use of physical or social training facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394-B", "activeDate" : "2014-09-22", "sequenceNo" : 681, "repealedDate" : null, "fromSection" : "394-B", "toSection" : "394-B", "text" : " § 394-b. Limitations on certain contracts for instruction or use of\\nphysical or social training facilities. 1. (a) \"Total contract price\"\\nshall mean the total cash price paid or to be paid by the buyer for\\ninstruction or services which are the subject of the written contract.\\n (b) \"Notice of cancellation\" shall be deemed to have been provided by\\na buyer by mailing or delivering written notification to cancel the\\ncontract to the seller or by failing to attend instructional facilities\\nfor a period of five consecutive appointment days on which classes or\\nthe provisions of services which are the subject of the contract were\\nprearranged with the buyer.\\n (c) \"Reasonable and fair service fee\" shall mean no more than ten\\npercent of the total contract price for contracts of one thousand\\ndollars and under. For contracts over one thousand dollars, reasonable\\nand fair service fee shall mean no more than one hundred dollars plus an\\namount equal to five percent of the total contract price over one\\nthousand dollars, not to exceed two hundred fifty dollars.\\n (d) \"Initial contract\" shall mean the buyers first contract for\\nservices. Subsequent contracts shall be referred to as renewals.\\nContracts for services which are entered into, after a lapse of\\ncontractual service for a period of twelve consecutive months, shall be\\ndeemed to be initial contracts.\\n 2. Any contract for instruction in physical or social skills, or for\\nthe use by an individual patron of a dance hall studio, ballroom, or\\nother physical or other social training facility, which is measured by\\nthe life of the person receiving such instruction or the use of such\\nphysical or social training facility as an individual patron, shall be\\ndeemed void and unenforceable as contrary to public policy.\\n 3. Any initial contract for instruction in physical or social skills,\\nor for the use by an individual patron of a dance hall studio, ballroom,\\nor other physical or social training facility which requires payment by\\nthe person receiving such instruction, or the use of such physical or\\nsocial training facilities, of a total amount in excess of five hundred\\ndollars, or granting to the person furnishing such instruction or\\nproviding the use of such facilities, an automatic renewal option where\\nthe payments to be made during the original contract period and the\\noption period combined are in excess of five hundred dollars, shall be\\nvalid and enforceable only if: (a) The term of the contract shall be for\\na precisely measured period of years, or any definite part thereof; and\\n(b) the payments to be made thereunder shall be in instalments so\\ncomputed that the total amounts so paid shall not exceed by more than\\nfive percent the prorated cost of the units of instruction or use\\nactually received thereunder at the time the latest payment is made; or,\\nif no definite number of units of instruction or use is specified in the\\ncontract, the total amount so paid shall not exceed by more than five\\npercent the proportion of the total contract price that the expired\\nportion of the entire term bears to the whole term of the contract.\\n 4. No contract for services shall be assigned without written consent\\nof the person receiving such instruction or for the use of such physical\\nor social training facility.\\n 5. (a) Every contract for services shall provide that such contract\\nmay be canceled at any time. Notice of cancellation shall be delivered\\nor mailed by certified or registered United States mail at the address\\nspecified in the contract. Such contract shall contain the following\\nwritten information in at least ten point type: \"CONSUMERS RIGHT TO\\nCANCELLATION. YOU MAY CANCEL THIS CONTRACT AT ANY TIME BY DELIVERING OR\\nMAILING BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE ADDRESS\\nSPECIFIED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT WITHIN THREE (3)\\nDAYS FROM THE DATE OF RECEIPT, YOU WILL BE ENTITLED TO A FULL REFUND. TO\\nCANCEL A CONTRACT WITHIN THREE (3) DAYS FROM THE DATE OF RECEIPT BY\\nREGISTERED OR CERTIFIED MAIL, SUCH MAIL MUST BE POSTMARKED WITHIN THE\\nTHREE (3) DAY PERIOD. AFTER THE THREE (3) DAY PERIOD, YOU MAY BE\\nASSESSED A REASONABLE AND FAIR SERVICE FEE. IF YOU UTILIZED SERVICES AND\\nSUBSEQUENTLY CANCEL THE CONTRACT, YOU WILL BE CHARGED ONLY FOR\\nINSTRUCTION SERVICES ACTUALLY FURNISHED AND A REASONABLE AND FAIR\\nSERVICE FEE, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION 1 OF SECTION\\n394-B OF THE GENERAL BUSINESS LAW. A BREACH OF THIS PROVISION SHALL\\nSUBJECT THE SELLER TO PAY DAMAGES UP TO TWICE THE AMOUNT OF THE ACTUAL\\nDAMAGES PLUS REASONABLE ATTORNEYS FEES.\" The provisions of this\\nparagraph shall be specifically set forth in every contract for\\nservices; or in the event that such provisions are omitted therefrom,\\nthey shall be deemed a part of such contract by operation of law and\\nshall be enforceable as though fully set forth therein.\\n (b) All moneys paid pursuant to such contract shall be refunded within\\nthirty business days of receipt of such notice of cancellation. If the\\nbuyer has executed any credit or loan agreement to pay for all or part\\nof the service, any such negotiable instrument executed by the buyer\\nshall also be returned within thirty days. Any buyer who cancels such\\ncontract within three days of execution shall be entitled to a full\\nrefund. After the three day time frame, a seller may assess a reasonable\\nand fair service fee. In addition, the prorated cost of any instruction\\nprovided may be deducted out of the refund amount.\\n (c) If a buyer fails to attend instructional facilities for a period\\nof five consecutive appointment days on which classes for the provision\\nof services which are the subject of the contract were prearranged with\\nthe buyer, the contract shall be deemed to be canceled, unless the buyer\\notherwise provides written consent to maintain the contract. All monies\\nshall be refunded pursuant to paragraph (b) of this subdivision,\\nhowever, the instructional facility may withhold monies to cover the\\nprorated cost of the prearranged instructional services in which the\\nbuyer failed to attend.\\n 6. Nothing herein shall be construed to apply to contracts for\\ninstruction at schools operating pursuant to the provisions of the\\neducation law.\\n 7. This section shall apply to all contracts to be executed or renewed\\nafter May first, nineteen hundred sixty-four.\\n 8. Any contract for services which is inconsistent with the applicable\\nprovisions of this section and any waiver by the buyer of the provisions\\nof this section shall be void and unenforceable as contrary to public\\npolicy.\\n 9. Nothing in this section shall be construed so as to nullify or\\nimpair any right or rights which a buyer may have against a seller at\\ncommon law, by statute, or otherwise.\\n 10. In addition to the remedies hereinbefore provided, the attorney\\ngeneral may bring an action on behalf of the people of the state to\\nrestrain further violations of this section, to enforce the provisions\\nof this section and for such other relief as may be appropriate.\\n 11. No provision of this section shall be deemed to restrict the\\nauthority of any county, city, town or village to enact and enforce\\nadditional laws, ordinances or codes, or portions thereof, provided the\\nprovisions thereof are not inconsistent with the provisions of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394-C", "title" : "Limitations on certain contracts involving social referral services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-02-21", "2025-02-28", "2025-08-01" ], "docLevelId" : "394-C", "activeDate" : "2014-09-22", "sequenceNo" : 682, "repealedDate" : null, "fromSection" : "394-C", "toSection" : "394-C", "text" : " § 394-c. Limitations on certain contracts involving social referral\\nservices. 1. As used in this section, the following terms shall have\\nthe following meanings:\\n (a) \"social referral service\" shall include any service for a fee\\nproviding matching of members of the opposite sex, by use of computer or\\nany other means, for the purpose of dating and general social contact.\\n (b) \"ancillary services\" shall refer to goods or services directly or\\nindirectly related to or to be provided in connection with the social\\nreferral service process, including but not limited to photography,\\ngrooming, cosmetology, dating etiquette, dating counseling, or other\\nservices.\\n 2. No contract for social referral service shall require payment by\\nthe purchaser of such service of a cash price in excess of one thousand\\ndollars. Services to be rendered to the purchaser under the contract\\nmay extend over a period not to exceed two years from the date the\\ncontract is entered into.\\n 2-a. No social referral service provider shall require the purchase of\\nan ancillary service by a purchaser of a social referral service as a\\ncondition of entering into a social referral service contract with such\\nprovider.\\n 3. Every contract for social referral service which requires payment\\nby the purchaser of such service of a total amount in excess of\\ntwenty-five dollars shall provide that the seller of such service must\\nfurnish to the purchaser a specified certain number of social referrals\\nper month.\\n 4. Every contract for social referral service which requires payment\\nby the purchaser of such service of a total amount in excess of\\ntwenty-five dollars shall provide that in the event that the seller of\\nsuch service does not furnish to the purchaser the specified certain\\nnumber of social referrals for two or more successive months the\\npurchaser shall have the option to cancel the contract and to receive a\\nrefund of all monies paid pursuant to the cancelled contract with the\\nexception that the seller shall be entitled to retain as a cancellation\\nfee fifteen per cent of the cash price or a pro rata amount for the\\nnumber of referrals furnished to the purchaser, whichever is greater.\\nEvery such contract shall set forth in the contract and in the bill of\\nrights the manner in which such services provider determines its\\ncancellation fee pursuant to this subdivision.\\n 5. Every contract for social referral service shall provide that the\\nseller will not without the prior written consent of the purchaser sell,\\nassign or otherwise transfer for business or for any other purpose to\\nany person any information and material of a personal or private nature\\nacquired from a purchaser directly or indirectly including but not\\nlimited to answers to tests and questionnaires, photographs or\\nbackground information.\\n 5-a. Every contract for a social referral service shall provide each\\npurchaser with the unilateral right to place his or her membership on\\nhold for a period of up to one year; provided, however, that the\\npurchaser and social referral service may mutually agree to a longer\\nperiod not to exceed two years. To exercise the unilateral right\\nprovided in this subdivision, a purchaser must notify the social\\nreferral service provider in writing of his or her intent to do so.\\n 6. Every contract for social referral service shall provide that at\\nthe expiration of the contract or at the expiration of services rendered\\nby the seller, for any reason, all information and material of a\\npersonal or private nature acquired from a purchaser directly or\\nindirectly including but not limited to answers to tests and\\nquestionnaires, photographs or background information shall be promptly\\nreturned by the seller to the purchaser by certified mail.\\n 7. (a) Every contract for social referral service shall provide that\\nsuch contract may be cancelled without a cancellation fee within three\\nbusiness days after the date of receipt by the buyer of a copy of the\\nwritten contract.\\n (b) In every social referral service sale, the seller shall furnish to\\nthe buyer a fully completed copy of the contract pertaining to such sale\\nat the time of its execution, which is in the same language, e.g.,\\nSpanish, as that principally used in the oral sales presentation and\\nwhich shows the date of the transaction and contains the name and\\naddress of the seller, and in the immediate proximity to the space\\nreserved in the contract for the signature of the buyer and in not less\\nthan ten-point bold face type, a statement in substantially the\\nfollowing form:\\nYOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE\\nWITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE\\nATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.\\n (c) Notice of cancellation shall be delivered by certified or\\nregistered United States mail at the address specified in the contract.\\n (d) At the time the buyer signs the social referral service contract,\\na completed form in duplicate, captioned \"NOTICE OF CANCELLATION\", which\\nshall be attached to the contract and easily detachable, and which shall\\ncontain in not less than ten-point bold face type the following\\ninformation and statements in the same language, e.g., Spanish, as that\\nused in the contract:\\n NOTICE OF CANCELLATION\\n (enter date of transaction)\\n (Date)\\nYOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN\\nTHREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS\\nSIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED\\nUNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED HEREIN. IF YOU\\nCANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED\\nWITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR\\nCANCELLATION NOTICE. TO CANCEL THIS TRANSACTION, MAIL BY CERTIFIED OR\\nREGISTERED UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS\\nCANCELLATION NOTICE TO:\\n(Name of Seller) NOT LATER THAN _______________\\n(Address of Seller) (Date)\\n___________________\\n (e) In every social referral service sale or renewal, the seller shall\\nprovide each purchaser with a clear and conspicuous, separate written\\nnotice, to be known as the \"Dating Service Consumer Bill of Rights\",\\nwhich shall contain at least the following information:\\n Dating Service Consumer Bill of Rights\\n 1. No social referral service contract shall require the payment by\\nyou, the purchaser, of an amount greater than one thousand dollars. In\\naddition, no such contract may extend over a period of time greater than\\ntwo years.\\n 2. No social referral service contract shall require you, the\\npurchaser, to purchase a good or service which is directly or indirectly\\nrelated to the social referral service. These extra services are known\\nas ancillary services and, while these ancillary service may be offered\\nto you, the law prohibits the seller from requiring that you purchase\\nthis service as a condition of your social referral service contract.\\n 3. If your social referral service contract costs more than\\ntwenty-five dollars, the seller must furnish a minimum number of\\nreferrals per month to you. If this minimum amount is not furnished to\\nyou for two successive months, you have the option of cancelling the\\ncontract and receiving a full refund of all the money you paid, less a\\ncancellation fee which cannot exceed either fifteen percent of the cash\\nprice or a pro rata amount for the number of referrals furnished to you.\\n 4. Your social referral service contract must specify the distance\\nwhich you, the purchaser, are willing to travel to meet any social\\nreferral. No social referrals shall be furnished where you and the\\nreferral live at a distance greater than the distance specified in the\\ncontract.\\n 5. The provider must have an established policy to address the\\nsituation of your moving outside the area it services. This policy must\\nbe explained in your contract.\\n 6. If any provision of the social referral service contract is\\nviolated, you have the right to bring a court action against the\\nprovider which has violated the contract.\\n 8. Every contract for social referral service shall specify the\\ndistance which the buyer is willing to travel to meet any social\\nreferral. No social referral shall be furnished by the seller to the\\nbuyer if either the buyer or the social referral reside at a distance\\nfurther than the distance specified in either the buyer's or social\\nreferral's contracts.\\n 8-a. Every social referral service provider must establish and\\nadminister a fair and reasonable policy for the situation in which a\\npurchaser moves to permanently reside at a location outside the service\\narea of such provider. This policy must be set forth in every contract\\nfor social referral service.\\n 9. (a) Whenever there shall be a violation of this section an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by the court or\\njustice, enjoining and restraining any further violations, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not more than one thousand dollars for each violation. In\\nconnection with any such proposed application the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules, and direct restitution.\\n (b) Any person who has been injured by reason of a violation of this\\nsection may bring an action in his or her own name to enjoin such\\nviolation, an action to recover his or her actual damages or fifty\\ndollars whichever is greater, or both such actions.\\n (c) In cities having a population over one million, the provisions of\\nthis section may be enforced concurrently with the attorney general by\\nthe director of a local or municipal consumer affairs office. In cities\\nhaving a population over one million, such local entities may also\\nrequire social referral services to be licensed. Such licensing\\nrequirements may be promulgated as are reasonably necessary to\\neffectuate licensure, provided, however, that such localities may not\\nimpose substantive requirements that are inconsistent with or more\\nrestrictive than those set forth in this section. Any fee for such\\nlicense may not exceed three hundred forty dollars for a two year\\nperiod.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394-CC", "title" : "Internet dating safety", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394-CC", "activeDate" : "2014-09-22", "sequenceNo" : 683, "repealedDate" : null, "fromSection" : "394-CC", "toSection" : "394-CC", "text" : " § 394-cc. Internet dating safety. 1. As used in this section, the\\nfollowing terms shall have the following meanings:\\n (a) \"internet dating service\" means a person or entity directly or\\nindirectly in the business, for profit, of offering, promoting or\\nproviding access to dating, relationship, compatibility, matrimonial or\\nsocial referral services principally on or through the internet.\\n (b) \"internet service provider\" means any person, business or\\norganization qualified to do business in this state that provides\\nindividuals, corporations, or other entities with the ability to connect\\nto the internet through equipment that is located in this state.\\n (c) \"member\" means a customer, client or participant who submits to an\\ninternet dating service information required to access the service for\\nthe purpose of engaging in dating, relationship, compatibility,\\nmatrimonial or social referral.\\n (d) \"New York member\" means a member who provides an in-state billing\\naddress or zip code when registering with the service.\\n 2. An internet dating service offering services to New York members\\nshall provide safety awareness notification that includes, at minimum, a\\nlist and description of safety measures reasonably designed to increase\\nawareness of safer dating practices in a clear and conspicuous manner.\\nSuch notification shall include, but not be limited to, the following\\nstatements or substantially similar statements:\\n (a) \"There is no substitute for acting with caution when communicating\\nwith any stranger who wants to meet you.\"\\n (b) \"Never include your last name, e-mail address, home address, phone\\nnumber, place of work, or any other identifying information in your\\ninternet profile or initial e-mail messages. Stop communicating with\\nanyone who pressures you for personal or financial information or\\nattempts in any way to trick you into revealing it.\"\\n (c) \"If you choose to have a face-to-face meeting with another member,\\nalways tell someone in your family or a friend where you are going and\\nwhen you will return. Never agree to be picked up at your home. Always\\nprovide your own transportation to and from your date and meet in a\\npublic place with many people around.\"\\n Such notification shall be given at the time a New York member\\nregisters with the service and by way of a link on the main website, or\\nthe first entry point, of the service.\\n 3. (a) The attorney general may bring an action against an internet\\ndating service that violates the provisions of this section:\\n (i) to enjoin further violation of the provisions of this section; and\\n (ii) to recover up to two hundred fifty dollars for each New York\\nmember registered with the internet dating service during the time\\nperiod that the internet dating service was in violation of this\\nsection.\\n (b) In an action under subparagraph (ii) of paragraph (a) of this\\nsubdivision, a court may increase the damages up to three times the\\ndamages allowed by such paragraph where the defendant has been found to\\nhave engaged in a pattern and practice of violating the provisions of\\nthis section.\\n (c) No internet dating service shall be deemed to have violated the\\nprovisions of this section if such internet dating service shows, by a\\npreponderance of the evidence, that the violation was not intentional\\nand resulted from a bona fide error made notwithstanding the maintenance\\nof procedures reasonably adopted to avoid such error.\\n (d) Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or common law.\\n 4. An internet service provider does not violate this section solely\\nas a result of serving as an intermediary for the transmission of\\nelectronic messages between members of an internet dating service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394-D", "title" : "Privity of contract between franchise seller and customer or patron of dealer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394-D", "activeDate" : "2014-09-22", "sequenceNo" : 684, "repealedDate" : null, "fromSection" : "394-D", "toSection" : "394-D", "text" : " § 394-d. Privity of contract between franchise seller and customer or\\npatron of dealer. a. Any contract for instruction in physical and social\\nskills, or for the use by an individual patron of a dance hall studio,\\nballroom, gymnasium, or other physical or social training facility which\\nrequires payment by the person receiving such instruction, or the use of\\nsuch physical or social training facilities, between such patron and a\\nfranchised dealer shall be enforceable by the patron against the\\nfranchise seller either in requiring specific performance of the\\ncontract or in holding said franchise seller responsible for damages for\\na breach thereof.\\n b. For the purposes of this section, a \"franchise seller\" is an\\nindividual, partnership or corporation which sells to a dealer the right\\nto use a certain name, reputation, process or course of instruction\\nowned by it and which the dealer will make available to individual buyer\\nor patron for a consideration or fee.\\n c. For the purposes of this section a \"dealer\" is an individual,\\npartnership or corporation which contracts with a franchise seller to\\nobtain and use the product of the franchise seller for the purpose of\\nusing, selling or making it available to an individual buyer or patron\\nfor a consideration or fee.\\n d. For the purposes of this section a \"customer\", \"individual\" or\\n\"patron\" is a person who agrees to and contracts for a course of\\ninstruction in physical and social skills, or for the use of a dance\\nhall studio, ballroom, gymnasium or other physical or social training\\nfacility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "394-E", "title" : "Report on request for abortional services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394-E", "activeDate" : "2014-09-22", "sequenceNo" : 685, "repealedDate" : null, "fromSection" : "394-E", "toSection" : "394-E", "text" : " § 394-e. Report on request for abortional services. 1. It shall be\\nunlawful for any person, firm or corporation doing business in this\\nstate to furnish a report of a referral for abortional services or a\\nreport of an inquiry or request therefor, to any person or government\\nagency unless such person, firm or corporation has reasonable grounds to\\nbelieve that the person or government agency requesting the report is\\n(a) a law enforcement agency, or (b) the state department of health or\\nthe department of health of the city of New York, or (c) authorized in\\nwriting by the subject of such report, or (d) unless such person, firm\\nor corporation shall have been ordered to furnish such report by a duly\\nconstituted court having jurisdiction to issue such an order. Every\\nrequest for such a report shall be in writing and identify the name and\\naddress of the requestor. A request by a law enforcement agency shall\\ninclude a sworn statement that the agency is requesting the report\\nsolely for law enforcement purposes.\\n 2. A person may bring a civil action for damages or to restrain a\\nperson, firm or corporation from violating this act or both and, in such\\ncase, if it is found that such person, firm or corporation has wilfully\\nviolated this act the violator shall, in addition to any liability for\\nactual damages as may be shown, be liable for exemplary damages of not\\nless than one hundred dollars and not more than ten thousand dollars for\\neach violation together with costs and reasonable attorney's fees and\\ndisbursements incurred by the person bringing the action.\\n 3. Except as provided in this section, no person, firm or corporation\\nshall be entitled to claim any privilege, absolute or qualified as a\\ndefense in any civil action brought by a person aggrieved by the\\npublication or dissemination of information relating to referral for\\nabortional services or an inquiry or request therefor.\\n 4. Any person who requests or obtains a report of a referral for\\nabortional services or an inquiry or request therefor from any person,\\nfirm or corporation under false pretenses or furnishes a report to any\\nperson except in accordance with this section shall be guilty of a class\\nA misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "395", "title" : "Required disclosure of prior use", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395", "activeDate" : "2014-09-22", "sequenceNo" : 686, "repealedDate" : null, "fromSection" : "395", "toSection" : "395", "text" : " § 395. Required disclosure of prior use. 1. Whenever any person, firm,\\ncorporation or association engaged in the business of retailing\\nmerchandise to the public, or agent, employee or sales representative\\nthereof shall offer used, rebuilt, reconditioned or repossessed\\ntelevision or radio receiving sets, phonographs, or major household\\nappliances, for sale to the public, the seller shall affix to such\\nmerchandise offered for sale a tag or sticker which shall state as\\nappropriate that such merchandise has been used, rebuilt, reconditioned,\\nrepossessed, or rebranded and used. If such merchandise is offered for\\nsale to the public by any means of advertisement, announcement, card,\\nsign, label, tag or other means of communication, the said\\nadvertisement, announcement, card, sign, laber, tag or other means of\\ncommunication must also contain in the description of such merchandise\\nthe appropriate word or words of the following: used, rebuilt,\\nreconditioned, repossessed, or rebranded and used. Nothing in this\\nsection shall be construed to apply to merchandise sold as antique goods\\nand so advertised or described, jewelry, imported oriental rugs, floor\\nsamples, nor to any merchandise returned by a retail customer the cash\\nsales price for which is canceled or refunded or fully credited.\\n 2. A violation of this section with the intent to deceive a\\nprospective or potential purchaser of such merchandise shall constitute\\na misdemeanor.\\n 3. Proof that any person, firm, corporation or association engaged in\\nthe business of retailing merchandise to the public, or agent, employee\\nor sales representative thereof who has offered such merchandise for\\nsale to the public has failed to comply with subdivision one of this\\nsection shall be presumptive evidence of the intent to deceive mentioned\\nin subdivision two of this section.\\n 4. Upon a showing by the attorney general in an application for an\\ninjunction that any person, firm, corporation or association engaged in\\nthe business of retailing merchandise to the public, or agent, employee\\nor sales representative thereof who has offered such merchandise for\\nsale to the public has failed to comply with subdivision one of this\\nsection, the supreme court after a hearing may issue a permanent\\ninjunction enjoining and restraining such action or violation, without\\nrequiring proof that any person has, in fact, been misled or deceived or\\notherwise damaged thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "395-A", "title" : "Maintenance agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395-A", "activeDate" : "2014-09-22", "sequenceNo" : 687, "repealedDate" : null, "fromSection" : "395-A", "toSection" : "395-A", "text" : " § 395-a. Maintenance agreements. 1. Definitions. For the purposes of\\nthis section, a \"maintenance agreement\" shall refer to any contract or\\nrepresentation whereby the seller or manufacturer of a retail sales item\\nor the seller of a service contract shall offer the defined service\\nand/or parts for an additional fee. Said maintenance agreement can be\\noffered at the time of purchase or at a later date.\\n 2. No maintenance agreement covering parts and/or service shall be\\nterminated at the election of the party providing such parts and/or\\nservice during the term of the agreement unless prior to or upon\\ndelivery of a copy of the agreement the buyer is notified in writing\\nthat the agreement may be cancelled for:\\n a. non-payment; or\\n b. use of the item primarily for commercial purposes, unless the\\nagreement so provides. When a maintenance agreement is terminated\\nbecause of use of the item primarily for commercial purposes, the party\\nproviding the parts and/or service must reimburse the buyer on a pro\\nrata basis for the remaining period of time or mileage for the unused\\nportion of the maintenance agreement less the cost of any parts and/or\\nservice already provided from the date of termination; or\\n c. change in the buyer's residence beyond the disclosed service area,\\nexcept where the buyer provides transportation or shipping to and from\\nthe site of service. When a maintenance agreement is terminated because\\nof a change in the buyer's residence beyond the disclosed service area,\\neither the buyer or the party providing the parts and/or service may\\nterminate the maintenance agreement. Reimbursement to the buyer shall be\\nmade on a pro rata basis for the remaining period of time or mileage for\\nthe unused portion of the maintenance agreement from the date of notice\\nof change in the buyer's residence.\\n 3. Pre-sale availability of maintenance agreement. Sellers of retail\\nproducts purchased for personal, family or household purposes, which\\noffer maintenance agreements shall provide the buyer with an opportunity\\nto review the maintenance agreement before it is purchased and provide\\nthe buyer with a copy of the maintenance agreement at the time of\\npurchase. The provisions of this section shall not apply to sales by\\nmail order companies as defined in section three hundred ninety-six-m of\\nthis chapter.\\n 4. A violation of the provisions of this section shall be punishable\\nby a civil penalty of not more than three hundred dollars recoverable in\\nan action by the attorney general in the name of the people of the state\\nor by the corporation counsel for any city or by the appropriate\\nattorney of any other political subdivision as shall be designated by\\nthe governing body of such political subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "395-B", "title" : "Unlawfully installing or maintaining a two-way mirror or other viewing device", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395-B", "activeDate" : "2014-09-22", "sequenceNo" : 688, "repealedDate" : null, "fromSection" : "395-B", "toSection" : "395-B", "text" : " § 395-b. Unlawfully installing or maintaining a two-way mirror or\\nother viewing device. 1. As used in this section, the phrase \"two-way\\nmirror or other viewing device\" shall mean a mirror, peep hole,\\nmechanical viewing device, camera or any other instrument or method that\\ncan be utilized to surreptitiously observe a person.\\n 2. A person is guilty of unlawfully installing or maintaining a\\ntwo-way mirror or other viewing device when, being the owner or manager\\nof any premises, he knowingly permits or allows such a device to be\\ninstalled or maintained in or upon such premises, for the purpose of\\nsurreptitiously observing the interior of any fitting room, restroom,\\ntoilet, bathroom, washroom, shower, or any room assigned to guests or\\npatrons in a motel, hotel or inn.\\n 2-a. A person is guilty of unlawfully installing or maintaining a\\nvideo recording device when, being the owner or manager of any premises,\\nhe knowingly permits or allows such a device to be installed or\\nmaintained in or upon such premises, for purpose of surreptitiously\\nrecording a visual image of the interior of any fitting room, restroom,\\ntoilet, bathroom, washroom, shower, or any other room assigned to guests\\nor patrons in a motel, hotel or inn.\\n 3. a. The provisions of this section shall not apply with respect to\\npremises which comprise, or are a part of any\\n (i) public correctional or custodial facility, or public or private\\nmedical facility which is used for the treatment of persons pursuant to\\nmedical directive, or\\n (ii) public or private treatment facility which is used for the\\ntreatment of persons who are committed or are voluntarily confined to\\nsuch facility or are voluntarily receiving treatment thereat, or\\n (iii) facility operated by any federal, state or local law enforcement\\nagency, or\\n (iv) private dwelling.\\n b. The provisions of this section shall further not apply with respect\\nto any fitting room, otherwise subject to the provisions of this\\nsection, wherein the person who is the owner or manager of such premises\\nhas caused written notice to be conspicuously posted at the entrance to\\nthe fitting room stating that a two-way mirror or other viewing device\\nhas been installed for the purpose of observing the interior of such\\nroom. In cities with a population of one million or more, the written\\nnotice shall be in both English and Spanish.\\n 4. Whenever there shall be a violation of this section, an application\\nmay also be made by the attorney general in the name of the people of\\nthe state of New York or by the corporation counsel for any city or by\\nthe appropriate attorney of any other political subdivision as shall be\\ndesignated by the governing body of such political subdivision to a\\ncourt or justice having jurisdiction to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In connection with any such proposed application, the attorney\\ngeneral, corporation counsel or other appropriate attorney, as the case\\nmay be, is authorized to take proof and make a determination of the\\nrelevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n 5. A violation of the provisions of this section shall constitute a\\nviolation, and upon conviction thereof shall be punishable by a term of\\nimprisonment not to exceed fifteen days, or by a fine of not more than\\nthree hundred dollars, or by both such fine and imprisonment, except\\nthat a violation of subdivision two-a of this section shall constitute a\\nfelony. In addition, a violation of the provisions of this section\\nshall be punishable by a civil penalty of not more than three hundred\\ndollars recoverable in an action by the attorney general in the name of\\nthe people of the state or by the corporation counsel for any city or by\\nthe appropriate attorney of any other political subdivision as shall be\\ndesignated by the governing body of such political subdivision. Each\\nunlawfully installed or maintained mirror or viewing or recording device\\nshall constitute a separate and distinct violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396", "title" : "Unlawful selling practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-23" ], "docLevelId" : "396", "activeDate" : "2014-09-22", "sequenceNo" : 689, "repealedDate" : null, "fromSection" : "396", "toSection" : "396", "text" : " § 396. Unlawful selling practices. 1. No person, firm, partnership,\\nassociation or corporation, or agent or employee thereof, shall, in any\\nmanner, or by any means of advertisement, or other means of\\ncommunication, offer for sale any merchandise, commodity, or service, as\\npart of a plan or scheme with the intent, design, or purpose not to sell\\nthe merchandise, commodity, or service so advertised at the price stated\\ntherein, or with the intent, design or purpose not to sell the\\nmerchandise, commodity, or service so advertised. Nothing in this\\nsection shall apply to any television or sound radio broadcasting\\nstation or to any publisher or printer of a newspaper, magazine, or\\nother form of printed advertising, who broadcasts, publishes, or prints\\nsuch advertisement.\\n 2. a. No person, firm, partnership, association or corporation, or\\nagent or employee thereof, shall, in any manner, or by any means, offer\\nfor sale goods, wares or merchandise, where the offer includes the\\nvoluntary and unsolicited sending of goods, wares or merchandise not\\nactually ordered or requested by the recipient, either orally or in\\nwriting; any such goods, wares or merchandise so sent shall be\\nprominently marked upon the container thereof in bold letters as\\nfollows: \"THIS IS A GIFT. PAYMENT NOT REQUIRED FOR THIS ITEM\". The\\nreceipt of any goods, wares or merchandise pursuant to an existing\\nmembership or club arrangement in which the recipient receives such\\ngoods, wares or merchandise at specified intervals or a plan where the\\nrecipient agrees to receive such goods, wares or merchandise without\\nfurther obligation shall not be construed as the receipt of unsolicited\\ngoods, wares or merchandise for the purposes of this section. The\\nreceipt of any such unsolicited goods, wares or merchandise shall for\\nall purposes be deemed an unconditional gift to the recipient who may\\nuse or dispose of the same in any manner he sees fit without any\\nobligation on his part to the sender.\\n If after any such receipt deemed to be an unconditional gift under\\nthis paragraph a, the sender continues to send bill statements or\\nrequests for payment with respect thereto, an action may be brought by\\nthe recipient to enjoin such conduct, in which action there may also be\\nawarded reasonable attorneys' fees and costs to the prevailing party.\\n b. If a person is a member of an organization which makes retail sales\\nof any goods, wares, or merchandise to its members, and the person\\nnotifies the organization of his termination of membership by certified\\nmail, return receipt requested, any unordered goods, wares, or\\nmerchandise which are sent to the person after thirty days following\\nexecution of the return receipt for the certified letter by the\\norganization, shall for all purposes be deemed unconditional gifts to\\nthe person, who may use or dispose of the goods, wares, or merchandise\\nin any manner he sees fit without any obligation on his part to the\\norganization.\\n If the termination of a person's membership in such organization\\nbreaches any agreement with the organization, nothing in this\\nsubdivision shall relieve the person from liability for damages to which\\nhe might be otherwise subjected to pursuant to law.\\n The provisions of this paragraph shall not apply to a member of an\\norganization the sole purpose of which is the sale of a specific type of\\ngoods, wares or merchandise to its members until the member has\\nfulfilled his initial purchase obligation.\\n 3. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violation; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant is, in fact, violating this section, an injunction may be\\nissued by such court or justice, enjoining and restraining such action\\nor violation, without requiring proof that any person has, in fact, been\\nmisled or deceived or otherwise damaged thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-A", "title" : "Representation by savings and loan association of insurance on accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-A", "activeDate" : "2014-09-22", "sequenceNo" : 690, "repealedDate" : null, "fromSection" : "396-A", "toSection" : "396-A", "text" : " § 396-a. Representation by savings and loan association of insurance\\non accounts. 1. No savings and loan association, building and loan\\nassociation, cooperative bank or homestead association organized in this\\nor any other state, other than one whose accounts are insured by an\\nagency of the United States and which is specifically named in the\\nrepresentation, shall in or from this state, or to any person in this\\nstate, make any representation, oral or written, that any of its shares,\\ncertificates or accounts are insured or guaranteed unless such\\nrepresentation also includes: (a) the name and address of the insurer or\\nguarantor, (b) the name of the state or country where the insurer or\\nguarantor is incorporated or organized, (c) the phrase \"an agency of\\n(name of state)\", if such be the case, or the phrase \"a commercial\\ncompany\", if such be the case, and (d) the maximum amount of the\\ninsurance or guaranty applicable to each of its accounts. If the\\nrepresentation of insurance is made in writing, the statements specified\\nin (a), (b), (c) and (d) above shall be set forth in not less than\\nten-point type.\\n 2. Whenever the superintendent of financial services shall report a\\nviolation of this section to the attorney-general or the\\nattorney-general shall believe from evidence satisfactory to him that a\\nviolation of this section has occurred, the attorney-general may bring\\nan action in the name of the superintendent or in behalf of the people\\nof the state, as the case may be, to enjoin further violation. In the\\naction preliminary relief may be granted as under article sixty-three of\\nthe civil practice law and rules.\\n 3. Before seeking to enjoin a violation of this section, the\\nattorney-general shall give to the person, association, corporation or\\nother organization against whom a proceeding is contemplated appropriate\\nnotice and an opportunity to show orally and in writing why proceedings\\nshould not be instituted against him or it.\\n 4. Nothing herein contained shall be construed to limit or restrict\\nthe application of article twenty-three-A of the general business law to\\nsavings and loan associations, building and loan associations,\\ncooperative banks or homestead associations.\\n 5. A violation of subdivision one shall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-AA", "title" : "Simulated check", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-AA", "activeDate" : "2014-09-22", "sequenceNo" : 691, "repealedDate" : null, "fromSection" : "396-AA", "toSection" : "396-AA", "text" : " * § 396-aa. Simulated check. 1. As used in this section, \"simulated\\ncheck\" means any document which is not currency or a check, draft, note,\\nbond, or other negotiable instrument but which, because of its\\nappearance, has the tendency to mislead or deceive any person viewing\\nsuch document into believing that it, in fact, represents currency or a\\nnegotiable instrument which can be deposited in a bank or used for\\nthird-party payments. \"Simulated check\" does not include a\\nnon-negotiable check, draft, note or other instrument which is used for\\nsoliciting orders for the purchase of checks, drafts, notes, bonds or\\nother instruments and which is clearly marked as a sample, specimen or\\nnon-negotiable.\\n 2. No person, firm or corporation shall produce, advertise, offer for\\nsale, sell, distribute or otherwise transfer for use in this state any\\nsimulated check unless such document bears the phrase \"THIS IS NOT A\\nCHECK\" diagonally printed in clear and conspicuous type on the front of\\nsuch document.\\n 3. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the respondent of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the respondent has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. Whenever the court\\nshall determine that a violation of this section has occurred, the court\\nmay impose a civil penalty of not more than one hundred dollars for each\\nviolation. In connection with any such application, the attorney general\\nis authorized to take proof and make a determination of the relevant\\nfacts and to issue subpoenas in accordance with the civil practice law\\nand rules.\\n * NB There are 2 § 396-aa's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-AA*2", "title" : "Unsolicited telefacsimile advertising", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-AA*2", "activeDate" : "2014-09-22", "sequenceNo" : 692, "repealedDate" : null, "fromSection" : "396-AA*2", "toSection" : "396-AA*2", "text" : " * § 396-aa. Unsolicited telefacsimile advertising. 1. It shall be\\nunlawful for a person, corporation, partnership or association to\\ninitiate the unsolicited transmission of telefacsimile messages\\npromoting goods or services for purchase by the recipient of such\\nmessages. For purposes of this section, \"telefacsimile\" shall mean every\\nprocess in which electronic signals are transmitted by telephone lines\\nfor conversion into written text. This section shall not apply to\\ntelefacsimile messages sent to a recipient with whom the initiator has\\nhad a prior contractual or business relationship. Notwithstanding the\\nabove, it shall be unlawful to initiate any telefacsimile message to a\\nrecipient who has previously clearly indicated to the initiator by any\\nverbal, written or electronic means that the recipient does not want to\\nreceive telefacsimile messages from the initiator.\\n 2. Every unsolicited telefacsimile message sent to a recipient shall\\ncontain a notice that informs the recipient of the ability, granted by\\nsubdivision one of this section, to prevent the transmission of future\\nunsolicited telefacsimile messages. Such notice shall be clear and\\nconspicuous and on the first page of the telefacsimile message and\\ninclude a domestic contact telephone number and facsimile machine number\\nfor the recipient to transmit such a request to the initiator.\\n If neither the required telephone number or facsimile machine number\\nis a toll-free number, a separate cost-free mechanism including a\\nwebsite address or email address, for a recipient to transmit a request\\npursuant to such notice to the sender of the message shall also be\\nprovided. A local telephone number also shall constitute a cost-free\\nmechanism so long as recipients are local and will not incur any long\\ndistance or other separate charges for calls made to such number. The\\ntelephone and facsimile numbers and cost-free mechanism identified in\\nthe notice must permit an individual or business to make a request to\\nprevent the transmission of future unsolicited advertisements\\ntwenty-four hours a day, seven days a week.\\n 3. Any person who has received a telefacsimile transmission in\\nviolation of this section may bring an action in his own name to recover\\nhis actual damages or one hundred dollars, whichever is greater.\\n * NB There are 2 § 396-aa's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-AAA", "title" : "Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2020-07-03" ], "docLevelId" : "396-AAA", "activeDate" : "2020-07-03", "sequenceNo" : 693, "repealedDate" : null, "fromSection" : "396-AAA", "toSection" : "396-AAA", "text" : " § 396-aaa. Public display of tobacco and electronic cigarette\\nadvertisements and smoking paraphernalia prohibited. 1. For purposes of\\nthis section:\\n (a) \"Advertisement\" means words, pictures, photographs, symbols,\\ngraphics or visual images of any kind, or any combination thereof, which\\nbear a health warning required by federal statute, the purpose or effect\\nof which is to identify a brand of a tobacco product, electronic\\ncigarette, or vapor product intended or reasonably expected to be used\\nwith or for the consumption of nicotine, a trademark of a tobacco\\nproduct, electronic cigarette, or vapor product intended or reasonably\\nexpected to be used with or for the consumption of nicotine or a trade\\nname associated exclusively with a tobacco product, electronic\\ncigarette, or vapor product intended or reasonably expected to be used\\nwith or for the consumption of nicotine, or to promote the use or sale\\nof a tobacco product, electronic cigarette, or vapor product intended or\\nreasonably expected to be used with or for the consumption of nicotine.\\n (b) \"Smoking paraphernalia\" means any pipe, water pipe, hookah,\\nrolling papers, electronic cigarette, vaporizer or any other device,\\nequipment or apparatus designed for the inhalation of tobacco or\\nnicotine.\\n (c) \"Vapor product\" means any vapor product, as defined by section\\nthirteen hundred ninety-nine-aa of the public health law, intended or\\nreasonably expected to be used with or for the consumption of nicotine.\\n (d) \"Tobacco products\" shall have the same meaning as in subdivision\\nfive of section thirteen hundred ninety-nine-aa of the public health\\nlaw.\\n (e) \"Electronic cigarette\" shall have the same meaning as in\\nsubdivision thirteen of section thirteen hundred ninety-nine-aa of the\\npublic health law.\\n 2. (a) No person, corporation, partnership, sole proprietor, limited\\npartnership, association or any other business entity may place, cause\\nto be placed, maintain or to cause to be maintained, smoking\\nparaphernalia or tobacco product, electronic cigarette, or vapor product\\nintended or reasonably expected to be used with or for the consumption\\nof nicotine, advertisements in a store front or any exterior window or\\nany door which is used for entry or egress by the public to the building\\nor structure containing a place of business within one thousand five\\nhundred feet of a school, provided that within New York city such\\nprohibitions shall only apply within five hundred feet of a school.\\n (b) Any person, corporation, partnership, sole proprietor, limited\\npartnership, association or any other business entity in violation of\\nthis section shall be subject to a civil penalty of not more than five\\nhundred dollars for a first violation and not more than one thousand\\ndollars for a second or subsequent violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-B", "title" : "Advertisements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-19", "2026-06-12" ], "docLevelId" : "396-B", "activeDate" : "2014-09-22", "sequenceNo" : 694, "repealedDate" : null, "fromSection" : "396-B", "toSection" : "396-B", "text" : " § 396-b. Advertisements. Any person, firm, corporation or\\nassociation, or agent or employee thereof, hereinafter called person,\\nwho, being engaged in the business of dealing in any property, makes,\\npublishes, disseminates, circulates or places before the public or\\ncauses, directly or indirectly, to be made, published, disseminated,\\ncirculated or placed before the public, in this state, any advertisement\\nrespecting any such property, in any newspaper, magazine, or other\\npublication, or over any radio station or television station, unless it\\nis stated in any such advertisement that the advertiser is a dealer in\\nsuch property or from the context of any such advertisement, it plainly\\nappears that such person is a dealer in such property so offered for\\nsale in any such advertisement; or when placing or causing any such\\nadvertisement to appear in any newspaper, magazine or other publication\\nor radio or television station as described in this section, if\\nrequested by the publisher of any such newspaper, magazine or other\\npublication or owner or operator of such radio or television station or\\nany agent or representative thereof to file with such owner or operator,\\npublisher, agent or representative thereof his true name, or where he is\\ntransacting business under a name other than the true name pursuant to\\nlaw, then the name under which such business is transacted, and each\\nbusiness address wherein any business is transacted by him, in the class\\nof property advertised or to be advertised for sale in such\\nadvertisement, shall make any false statement in relation to any of such\\nitems; or if requested by the publisher of any such newspaper, magazine\\nor other publication or owner or operator of such radio or television\\nstation or any agent or representative thereof to file with such owner,\\noperator, publisher, agent or representative thereof a statement showing\\nwhether he is causing such advertisement to appear or is offering to\\nmake such sale or disposition or transaction, as herein set forth, as\\nprincipal or agent, and if as agent, to set forth such information as is\\nspecified in this section, in relation to his principal as well as in\\nrelation to himself, shall make any false statement in relation to any\\nof such items; is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-BB", "title" : "Sale of motor fuels to disabled persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-BB", "activeDate" : "2014-09-22", "sequenceNo" : 695, "repealedDate" : null, "fromSection" : "396-BB", "toSection" : "396-BB", "text" : " § 396-bb. Sale of motor fuels to disabled persons. 1. Any person,\\nfirm or corporation owning or operating a premises or facility for the\\nretail sale of motor fuels for use in motor vehicles and offering self\\nservice and full service at the same time, shall, between the hours of\\nseven o'clock in the morning and seven o'clock in the evening, provide\\nfull service of such motor fuels to disabled persons with a valid New\\nYork state disabled person license plate or a valid parking permit for\\nhandicapped persons issued pursuant to section twelve hundred three-a of\\nthe vehicle and traffic law at the same price charged for such motor\\nfuels at the self service islands and shall post a notice in a manner\\nand in at least one location which is conspicuous to a person seeking\\nrefueling service, including a depiction of the international symbol of\\naccess and stating as follows:\\n Full service at self service prices\\n 7 a.m. to 7 p.m.\\n Such notice may also further state,\\n For persons with a valid New York state disabled license\\n plate or a valid parking permit for handicapped persons.\\n 2. For purposes of this section \"disabled person\" shall mean a\\nregistered owner or authorized operator of a motor vehicle who has been\\nissued special license tags by the state or a valid parking permit for\\nhandicapped persons issued pursuant to section twelve hundred three-a of\\nthe vehicle and traffic law.\\n 3. Any violation of this section shall result in a civil fine of not\\nmore than one hundred dollars to be collected by the corporation counsel\\nfor any city or by the appropriate attorney of any political subdivision\\nas shall be designated by the governing body of such political\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-C", "title" : "Advertisements by persons engaged in dental business relating to dentures and bridges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-C", "activeDate" : "2014-09-22", "sequenceNo" : 696, "repealedDate" : null, "fromSection" : "396-C", "toSection" : "396-C", "text" : " § 396-c. Advertisements by persons engaged in dental business relating\\nto dentures and bridges. Any person engaged in the business of\\nsupplying, constructing, reproducing, relining, repairing, adding or\\ndirecting the application of any substance of a permanent nature to\\ndentures, bridges, appliances or other structures to be worn as\\nsubstitutes for natural teeth:\\n (a) who shall advertise his services, technique or materials to the\\ngeneral public by means of advertisements in public newspapers,\\nmagazines or by radio or television display advertisements, excepting\\nadvertisements in professional or trade papers, trade journals, trade\\ndirectories, trade periodicals, trade magazines, and in the public\\ntelephone directories other than displaying advertising in the latter,\\nor\\n (b) who shall in any way directly solicit the patronage of the general\\npublic for any dental services, dental materials or dental appliances;\\nshall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-CC", "title" : "Notification of enclosure requirements for swimming pools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-CC", "activeDate" : "2014-09-22", "sequenceNo" : 697, "repealedDate" : null, "fromSection" : "396-CC", "toSection" : "396-CC", "text" : " * § 396-cc. Notification of enclosure requirements for swimming pools.\\n1. a. No person, firm, association or corporation engaged in the\\nbusiness of selling and/or installing swimming pools of a dimension\\nsubject to New York state regulation or local law shall sell or install\\nany swimming pool unless such person, firm, association or corporation\\nprovides notice to consumers that the New York state uniform fire\\nprevention and building code and, if such notice is given in a city with\\na population of one million or more or a county that a portion of which\\nis within fifty miles of a city with a population of one million or\\nmore, the building code of the city of New York, require barriers around\\nswimming pools that contain certain levels of water and that additional\\ncosts may be incurred when installing a pool in order to comply with\\nstate or local laws regarding fencing, pool alarms and other safety\\nrequirements and instructing consumers to contact the local building\\ncode enforcement office for further details and to consult municipal\\ncodes and regulations for any further requirements. Such notice shall be\\ngiven by prominently posting a sign where pools are displayed and/or\\nsold or where swimming pools are offered for sale through a printed\\nswimming pool display or swimming pool catalogue available to customers\\nin retail stores. Such sign shall be no less than nine inches by\\nfourteen inches using letters no less than one-half inch in height. Such\\nsign shall include the address of the website at which the document\\nrequired to be made available by the department of state pursuant to\\nsubdivision six of section three hundred seventy-six of the executive\\nlaw is posted and, if such notice is given in a city with a population\\nof one million or more or a county a portion of which is within fifty\\nmiles of a city with a population of one million or more, the address of\\nthe website of the New York city department of buildings. Any person,\\nfirm, association or corporation engaged in the business of selling\\nand/or installing swimming pools of a dimension subject to New York\\nstate regulation or local law shall, upon request of a consumer, provide\\na written notice that shall clearly indicate the address of the website\\nat which the document required to be made available by the department of\\nstate pursuant to subdivision six of section three hundred seventy-six\\nof the executive law is posted and, if such notice is given in a city\\nwith a population of one million or more or a county that a portion of\\nwhich is within fifty miles of a city with a population of one million\\nor more, the address of the website of the New York city department of\\nbuildings. Such notice shall be no less than five inches by eight inches\\nusing letters no smaller than fourteen point type.\\n b. For the purposes of this section:\\n (i) \"New York state uniform fire prevention and building code\" means\\nthe uniform fire prevention and building code promulgated under section\\nthree hundred seventy-seven of the executive law.\\n (ii) \"building code of the city of New York\" shall mean the building\\ncode of the city of New York as defined in titles twenty-seven and\\ntwenty-eight of the administrative code of the city of New York.\\n 2. Any person, firm, association or corporation who or which violates\\nthe provisions of subdivision one of this section shall be subject to a\\ncivil penalty of not more than one thousand dollars for each such\\nviolation.\\n 3. a. Upon any violation of the provisions of subdivision one of this\\nsection, an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of the\\nviolation. If it shall appear to the satisfaction of the court or\\njustice that the defendant has violated subdivision one of this section,\\nan injunction may be issued by the court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eight thousand\\nthree hundred three of the civil practice law and rules, and direct\\nrestitution.\\n b. In connection with an application made under paragraph a of this\\nsubdivision, the attorney general is authorized to take proof and to\\nmake a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n 4. The provisions of subdivision one of this section may be enforced\\nconcurrently by the director of a municipal consumer affairs office, or\\nby the town attorney, city corporation counsel, or other lawful designee\\nof a municipality or local government, and all moneys collected\\nthereunder shall be retained by such municipality or local government.\\n 5. Nothing in this section shall be construed to expand, limit, or\\notherwise affect the authority of municipalities to adopt more\\nrestrictive standards for the construction or installation of swimming\\npools pursuant to section three hundred seventy-nine of the executive\\nlaw.\\n * NB There are 2 § 396-cc's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-CC*2", "title" : "Senior citizen discounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-CC*2", "activeDate" : "2014-09-22", "sequenceNo" : 698, "repealedDate" : null, "fromSection" : "396-CC*2", "toSection" : "396-CC*2", "text" : " * § 396-cc. Senior citizen discounts. 1. Except as provided pursuant\\nto subdivision two of this section, any person, firm, partnership,\\ncorporation, or association, or agent or employee thereof, which offers,\\nin the regular course of business, an established senior citizen price\\ndiscount on any merchandise, commodity, or service, may not discontinue\\nor disallow such established senior citizen discount on any merchandise,\\ncommodity, or service that has been separately discounted for the\\ngeneral populace; but rather, any separately discounted merchandise,\\ncommodity, or service must be offered in addition to, and not in lieu\\nof, the established senior citizen discount.\\n 2. Any person, firm, partnership, corporation, or association, or\\nagent or employee thereof, may discontinue or disallow a senior citizen\\ndiscount on any merchandise, commodity, or service that has been\\nseparately discounted for the general populace, provided that: (a) any\\nadvertisements which promote the discounted price of such merchandise,\\ncommodity, or service disclose that \"no other discounts shall apply\" or\\n\"this discount may not be combined with any other offer\" or words of\\nlike import; or (b) such person, firm, partnership, corporation, or\\nassociation offering an established senior citizen discount program\\nnotifies holders at the time of application for such program of\\nlimitations or restrictions on the usage of such established discount\\nprogram; or (c) such person, firm, partnership, corporation, or\\nassociation notifies the general public of the disallowance or\\ndiscontinuance of such senior citizen discount by conspicuously posting:\\n(i) a sign in close proximity to the item or items themselves; or (ii) a\\nsign affixed to the cash register or point of sale; or (iii) a sign so\\nsituated as to be clearly visible to the buyer from the cash register or\\npoint of sale.\\n 3. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan one hundred dollars. In connection with any such proposed\\napplication, the attorney general is authorized to take proof and make a\\ndetermination of the relevant facts and to issue subpoenas in accordance\\nwith the civil practice law and rules.\\n * NB There are 2 § 396-cc's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-D", "title" : "Advertisement and description of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-D", "activeDate" : "2014-09-22", "sequenceNo" : 699, "repealedDate" : null, "fromSection" : "396-D", "toSection" : "396-D", "text" : " § 396-d. Advertisement and description of real property. Whenever any\\nperson or persons, firm or corporation, shall use in connection with the\\ndesignation, description, advertisement, lease or sale of any real\\nproperty, any name which shall include the name of any political or\\nterritorial subdivision situated in the county or in any county\\nimmediately adjoining the county in which such property is situated,\\nother than the name of the political and territorial subdivision in\\nwhich the particular property referred to is located, such person or\\npersons, firm or corporation shall, as part of every such designation,\\ndescription, advertisement, lease or sale, and with the same prominence\\ngiven to any such name or part of such name, state and display the name\\nof the town, village, city or other political subdivision in which such\\nproperty is actually located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-DD", "title" : "Renting of horses; helmets and safety information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-DD", "activeDate" : "2014-09-22", "sequenceNo" : 700, "repealedDate" : null, "fromSection" : "396-DD", "toSection" : "396-DD", "text" : " § 396-dd. Renting of horses; helmets and safety information. 1. For\\nthe purposes of this section, the following terms shall have the\\nfollowing meanings:\\n a. \"Horse\" includes a horse, pony, mule or hinny.\\n b. \"Horse provider\" includes any person, firm, corporation or other\\nlegal entity hiring or renting out horses for riding or providing\\ntraining in the riding of horses for consideration.\\n 2. Every horse provider shall provide protective helmets to beginning\\nriders and to riders less than eighteen years of age at no cost beyond\\nthe rental fee; offer all riders the use of such protective helmets\\nregardless of their age or experience; and provide appropriate helmet\\nsafety information to all riders.\\n 3. Such helmets shall comply with the requirements of section twelve\\nhundred sixty-five of the vehicle and traffic law.\\n 4. A knowing violation of this section shall be subject to a civil\\npenalty not to exceed two hundred fifty dollars for each such violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-E", "title" : "Marking articles made of linen", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-E", "activeDate" : "2014-09-22", "sequenceNo" : 701, "repealedDate" : null, "fromSection" : "396-E", "toSection" : "396-E", "text" : " § 396-e. Marking articles made of linen. Any person, firm, corporation\\nor association who makes or sells or offers to sell or dispose of, or\\nhas in his or its possession, with intent to sell or dispose of, any\\ncollars or cuffs marked, stamped or branded with the words, \"linen,\"\\n\"pure linen\" or \"all linen\" or incased or inclosed in any box, package,\\ncover or wrapper or other thing in, by or with which the said article is\\npacked, inclosed or otherwise prepared for sale or disposition, having\\nthereupon any engraving or printed label, stamp, imprint, mark, or\\ntrade-mark, indicating or denoting by such marking, stamping, branding,\\nengraving or printing, that such article is \"linen,\" \"pure linen,\" or\\n\"all linen,\" unless the material of which the said collars or cuffs are\\nmanufactured contains at least one fold or ply which has a flax thread\\nin both its warp and filling, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-EE", "title" : "Sale of certain weapons; locking devices therefor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-08-02", "2019-10-04" ], "docLevelId" : "396-EE", "activeDate" : "2019-10-04", "sequenceNo" : 702, "repealedDate" : null, "fromSection" : "396-EE", "toSection" : "396-EE", "text" : " § 396-ee. Sale of certain weapons; locking devices therefor. (1) No\\nperson, firm or corporation engaged in the retail business of selling\\nrifles, shotguns or firearms, as such terms are defined in section\\n265.00 of the penal law, shall sell, deliver or transfer any such rifle,\\nshotgun or firearm to another person unless the transferee is provided\\nat the time of sale, delivery or transfer with a gun locking device and\\na label containing the quoted language specified in subdivision two of\\nthis section is either affixed to such rifle, shotgun or firearm or\\nplaced in the container in which such rifle, shotgun or firearm is sold,\\ndelivered or transferred. For the purposes of this section, the term\\n\"gun locking device\" shall mean an integrated design feature or an\\nattachable accessory that is resistant to tampering and is effective in\\npreventing the discharge of such rifle, shotgun or firearm by a person\\nwho does not have access to the key, combination or other mechanism used\\nto disengage the device. The division of state police shall develop and\\npromulgate rules and regulations setting forth the specific devices or\\nthe minimum standards and criteria therefor which constitute an\\neffective gun locking device.\\n (2) Every person, firm or corporation engaged in the retail business\\nof selling rifles, shotguns or firearms, as such terms are defined in\\nsection 265.00 of the penal law, shall, in the place where such rifles,\\nshotguns or firearms are displayed or transferred to the purchaser, post\\na notice conspicuously stating in bold print that: \"RESPONSIBLE FIREARM\\nSTORAGE IS THE LAW IN NEW YORK STATE. RIFLES, SHOTGUNS AND FIREARMS MUST\\nEITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE\\nDEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL\\nOF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE HOME OR\\nIS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON\\nPROHIBITED FROM POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR\\nFEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND\\nLOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES, SHOTGUNS\\nOR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT\\nYOU TO IMPRISONMENT, FINE, OR BOTH.\" Nothing in this subdivision shall\\nbe deemed to affect, impair or supersede any special or local law\\nrelating to the posting of notice regarding the safe storage of rifles,\\nshotguns or firearms.\\n (3) Any person, firm or corporation who fails to comply with the\\nprovisions of this section shall be guilty of a violation punishable as\\nprovided in the penal law. Any person, firm, or corporation who fails to\\ncomply with the provisions of this section after having been previously\\nconvicted of a violation of this section shall be guilty of a class A\\nmisdemeanor, punishable as provided in the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-F", "title" : "Sale of blind made products", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-F", "activeDate" : "2014-09-22", "sequenceNo" : 703, "repealedDate" : null, "fromSection" : "396-F", "toSection" : "396-F", "text" : " § 396-f. Sale of blind made products. (1) Declaration of policy and\\nstatement of purpose. The protection of blind persons and organizations\\nestablished to aid blind persons in the sale of blind made products and\\nthe prevention of misrepresentations in connection with the sale of\\nblind made products are declared to be a matter of state concern.\\n (2) Definitions. The following words or phrases, as used in this\\nsection shall have the following meanings, unless the context otherwise\\nrequires:\\n (a) \"Blind\" shall mean a person having central visual acuity not to\\nexceed 20/200 in the better eye, with correcting lenses, or visual\\nacuity greater than 20/200, but with a limitation in the field of\\nvision, such that the widest diameter of the visual field subtends an\\nangle no greater than twenty degrees.\\n (b) \"Blind made products\" shall mean the goods, wares and merchandise\\nin the manufacture of which not less than seventy-five per cent of the\\ntotal hours of direct labor is performed by a blind person or persons.\\n (c) \"Manufacture\" shall mean the preparation, processing and\\nassemblying of goods, wares or merchandise intended for resale and shall\\ninclude the manufacture of component materials.\\n (d) \"Direct labor\" shall mean all work required for the manufacture of\\nblind made products, but shall not include time spent in the\\nsupervision, administration, inspection and shipping of such product,\\nnor shall it include work by blind persons consisting solely of the\\npackaging of goods, wares and merchandise not manufactured by blind\\npersons. However, nothing in this section shall preclude preferred bid\\nstatus for the value added portion of any product that has been in part\\nor solely packaged or assembled by blind or other severely handicapped\\npersons.\\n (e) \"Commission\" shall mean the New York State commission for the\\nvisually handicapped.\\n (3) Registration requirement. Any person engaged in the manufacture or\\ndistribution of blind made products shall apply to the commission on\\nforms provided by it for a registration and authorization to use an\\nofficial imprint, stamp, symbol or label, designed or approved by the\\ncommission, to identify goods and articles as being blind made products.\\nThe commission shall investigate each application, to assure that such\\nperson is actually engaged in the manufacture or distribution of blind\\nmade products. The commission may register, without investigation,\\nnonresident persons upon proof that they are recognized and approved by\\nthe state of their residence or organization pursuant to a law of such\\nstate imposing requirements substantially similar to those prescribed\\npursuant to this section.\\n (4) Identification of blind made products. No goods or articles made\\nin this or any other state shall be displayed, advertised, offered for\\nsale or sold in this state upon a representation that the same are blind\\nmade products unless the same are identified as such by label, imprint,\\nstamp or symbol designed or approved by the commission.\\n (5) Violations. Any person who shall willfully either:\\n (a) use or employ an imprint, stamp, symbol or label designed or\\napproved by the commission or an imitation thereof without having\\nregistered with the commission or\\n (b) who shall directly or indirectly by any means represent that the\\ngoods, wares or merchandise are blind made products when in fact such is\\nnot the case, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-G", "title" : "Sale of products processed by the blind", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-22" ], "docLevelId" : "396-G", "activeDate" : "2014-09-22", "sequenceNo" : 704, "repealedDate" : null, "fromSection" : "396-G", "toSection" : "396-G", "text" : " § 396-g. Sale of products processed by the blind. (1) Declaration of\\npolicy and statement of purpose. To broaden the protection of blind\\npersons and organizations established to aid blind persons so as to\\ninclude products processed by the blind, as well as blind made products,\\nand to prevent misrepresentation in connection with the sale of such\\nproducts, and such broadened protection is declared to be a matter of\\nstate concern.\\n (2) Definitions. The following words or phrases, as used in this\\nsection, shall have the following meaning, unless the context otherwise\\nrequires.\\n (a) \"Blind\" shall mean a person having central visual acuity not to\\nexceed 20/200 in the better eye, with correcting lenses, or visual\\nacuity greater than 20/200, but with a limitation in the field of\\nvision, such that the widest diameter of the visual field subtends an\\nangle no greater than twenty degrees.\\n (b) \"Processed\" shall mean any singly identifiable process, capable of\\nbeing certified by the commission as having been performed by the blind,\\noccurring after the manufacture of a product and before its ultimate\\npurchase by the consumer, including but not limited to packaging and\\ninspection of a product.\\n (c) \"Commission\" shall mean the New York State Commission for the\\nvisually handicapped.\\n (d) \"Person\" shall mean any person, firm, partnership, association or\\ncorporation.\\n (3) Registration requirement.\\n (a) Any person engaged in the processing of products processed by the\\nblind shall apply to the commission on forms provided by it for a\\nregistration and authorization to use a statement approved by the\\ncommission, to identify goods and articles as being processed in a\\nparticular manner by the blind. The commission shall investigate each\\napplication, to assure that such person is actually engaged in the\\nprocessing by the blind in the particular manner as represented by said\\nperson. The commission may register, without investigation,\\nnon-resident persons upon proof that they are recognized and approved by\\nthe state of their residence or organization pursuant to a law of such\\nstate imposing requirements substantially similar to those prescribed\\npursuant to this section.\\n (b) To be eligible to register with the commission pursuant to\\nparagraph (a) of this subdivision, a person who represents that blind\\npersons are involved in a particular manner of processing must show that\\nthe percentage of blind employees engaged in such processing satisfies\\nthe percentage requirements established by the commission. However the\\npercentage requirements by the commission shall not exceed the schedule\\nof maximums as follows:\\n until December 31, 1973 not to exceed 15%;\\n until December 31, 1974 not to exceed 30%;\\n until December 31,1975 not to exceed 45%;\\n until December 31, 1976 not to exceed 60%;\\n and thereafter not to exceed 75%.\\n The commission may establish a percentage less than the allowable\\nmaximum, if it finds after study that such lower percentage will have\\nthe effect of increasing the overall employment opportunities of blind\\npersons.\\n (4) Identification of products processed by the blind. No products\\nprocessed in this or any other state shall be displayed, advertised, or\\noffered for sale or sold in this state upon a representation that the\\nsame are processed in a particular manner by the blind unless the same\\nare identified by a written statement, the text of which is approved by\\nthe commission.\\n (5) Violations. Any person who shall willfully either:\\n (a) use or employ a written statement, the text of which has been\\napproved by the commission or an imitation thereof without having\\nregistered with the commission or\\n (b) affix to, or accompany with, the goods, wares or merchandise, any\\nwritten statement representing that such items are processed by the\\nblind when in fact such is not the case, shall be guilty of a\\nmisdemeanor.\\n (6) In addition to any other action authorized by law, the attorney\\ngeneral may bring an action in the supreme court, in the name and in\\nbehalf of the people of the state of New York to enjoin and restrain the\\ncontinuance of any violation of this section or to cancel any\\nregistration previously filed with the commission, whenever the attorney\\ngeneral shall have reason to believe that a person, firm, partnership,\\nassociation or corporation:\\n (a) is operating in violation of the provisions of this section;\\n (b) has refused or failed, after notice from the commission, to\\nproduce any of its records;\\n (c) is employing or about to employ in the sales promotion of its\\ngoods or articles, any device, scheme or artifice to defraud based on\\nfalse pretense, representation or promise;\\n (d) has made a material false statement to the commission in an\\napplication, registration or statement required to be filed.\\n In connection with such proposed action, the attorney general is\\nauthorized to take proof, issue subpoenas and administer oaths in the\\nmanner provided in the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-H", "title" : "Fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-H", "activeDate" : "2014-09-22", "sequenceNo" : 705, "repealedDate" : null, "fromSection" : "396-H", "toSection" : "396-H", "text" : " § 396-h. Fraudulent sale of poppies, forget-me-nots, daisies, flags\\nand other articles sold for patriotic purposes. Any person, whether a\\nveteran soldier, sailor, marine or army nurse, or otherwise, who in the\\npromotion of his own interests, or to derive personal pecuniary benefit,\\ngain or profit, for himself or for any person, firm or corporation other\\nthan an organization expressly designated and authorized to administer\\nveteran relief by the provisions of section one hundred sixty-eight of\\nthe social welfare law, sells or offers to sell poppies, forget-me-nots,\\ndaisies, flags or other articles sold for patriotic purposes, while\\nclaiming that such sale or offer to sell is made as agent of, or for the\\nbenefit of such organization authorized to administrate veteran relief,\\nis guilty of a misdemeanor, punishable by a fine of not more than fifty\\ndollars or by imprisonment for not more than six months, or by both such\\nfine and imprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-HH", "title" : "Sale of poppies, forget-me-nots, daisies, flags and other articles for patriotic purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-HH", "activeDate" : "2014-09-22", "sequenceNo" : 706, "repealedDate" : null, "fromSection" : "396-HH", "toSection" : "396-HH", "text" : " § 396-hh. Sale of poppies, forget-me-nots, daisies, flags and other\\narticles for patriotic purposes. Notwithstanding the provisions of any\\ngeneral, special or local law, charter or ordinance to the contrary, no\\nmunicipality shall require any member of an organization expressly\\ndesignated and authorized to administer veteran relief by the provisions\\nof section one hundred sixty-eight of the social services law to apply\\nfor solicitation licenses or permits or to impose a fee for the sale of\\npoppies, forget-me-nots, daisies, flags and other articles sold for\\npatriotic purposes. No such municipality may restrict such persons from\\nwearing a uniform or part thereof in connection with the sale of such\\narticles for patriotic purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-I", "title" : "Acceptance of unexpired gift certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-09-30", "2016-12-30", "2021-12-17", "2022-01-28", "2022-12-16", "2022-12-30", "2023-03-10", "2023-06-23" ], "docLevelId" : "396-I", "activeDate" : "2016-12-30", "sequenceNo" : 707, "repealedDate" : null, "fromSection" : "396-I", "toSection" : "396-I", "text" : " § 396-i. Acceptance of unexpired gift certificates. 1. For the\\npurposes of this section, \"gift certificate\" shall mean a written\\npromise or electronic payment device that: (i) is usable at a single\\nmerchant or an affiliated group of merchants that share the same name,\\nmark, or logo, or is usable at multiple, unaffiliated merchants or\\nservice providers; and (ii) is issued in a specified amount; and (iii)\\nmay or may not be increased in value or reloaded; and (iv) is purchased\\nand/or loaded on a prepaid basis for the future purchase or delivery of\\nany goods or services; and (v) is honored upon presentation. Gift\\ncertificate shall not include an electronic payment device linked to a\\ndeposit account, or prepaid telephone calling cards regulated under\\nsection ninety-two-f of the public service law. Gift certificate also\\nshall not include flexible spending arrangements as defined in Section\\n106(c)(2) of the Internal Revenue Code, 26 U.S.C. § 106(c)(2); flexible\\nspending accounts subject to Section 125 of the Internal Revenue Code,\\n26 U.S.C. § 125; Archer MSAs as defined in Section 220(d) of the\\nInternal Revenue Code, 26 U.S.C. § 220(d); dependent care reimbursement\\naccounts subject to Section 129 of the Internal Revenue Code, 26 U.S.C.\\n§ 129; health savings accounts subject to Section 223(d) of the Internal\\nRevenue Code, 26 U.S.C. § 223(d), as amended by Section 1201 of the\\nMedicare Prescription Drug, Improvement, and Modernization Act of 2003,\\nPub. L. No. 108-173; or similar accounts from which, under the Internal\\nRevenue Code and its implementing regulations, individuals may pay\\nmedical expenses, health care expenses, dependent care expenses, or\\nsimilar expenses on a pretax basis. Gift certificate also shall not\\ninclude a prepaid discount card or program used to purchase identified\\ngoods or services at a price or percentage below the normal and\\ncustomary price; provided that the expiration date of the prepaid\\ndiscount card or program is clearly and conspicuously disclosed. Gift\\ncertificate also shall not include payroll cards or other electronic\\npayment devices which are linked to a deposit account and which are\\ngiven in exchange for goods or services rendered.\\n 1-a. No person, firm, partnership, association or corporation who or\\nwhich issues gift certificates or store credits, or who or which\\nconducts a \"closing out sale\" or \"defunct business sale\" as such terms\\nare defined in section five hundred eighty-one of this chapter, of the\\nmerchandise of any such person, firm, partnership, association or\\ncorporation, shall refuse to accept such gift certificate or store\\ncredit in payment for goods or services used or bought for use primarily\\nfor personal, family or household purposes, including, but not limited\\nto, goods or services advertised on sale or pursuant to a liquidation or\\nclose-out, provided that if the certificates or the terms of the store\\ncredits limit the period of time during which they may be used, they are\\npresented for redemption before the expiration of such period of time.\\n 2. No person, firm, partnership, association or corporation who or\\nwhich issues gift certificates or store credits, or who or which\\nconducts a \"closing out sale\" or \"defunct business sale\" as such terms\\nare defined in section five hundred eighty-one of this chapter, shall in\\nany manner restrict the holder of a gift certificate or store credit\\nfrom electing use of such gift certificate or store credit in a manner\\nnot inconsistent with stated terms of such gift certificate or store\\ncredit, nor shall any person, firm, partnership, association or\\ncorporation who or which issues gift certificates or store credits, or\\nwho or which conducts a \"closing out sale\" or \"defunct business sale\" as\\nsuch terms are defined in section five hundred eighty-one of this\\nchapter, alter the term of a gift certificate or store credit after it\\nhas been issued.\\n 2-a. (a) The terms and conditions of a gift certificate shall be\\ndisclosed to the purchaser:\\n (i) on a sign conspicuously posted stating \"TERMS AND CONDITIONS ARE\\nAPPLIED TO GIFT CERTIFICATES/GIFT CARDS\"; or (ii) conspicuously stated\\nin an offer made by mail thus: \"TERMS AND CONDITIONS ARE APPLIED TO GIFT\\nCERTIFICATES/GIFT CARDS\".\\n (b) For purchases via electronic, computer, or telephonic means, the\\nstatement \"TERMS AND CONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT\\nCARDS\" shall be stated prior to the customer's purchase of the gift\\ncertificate or conspicuously written within the electronic message\\noffering a gift certificate for purchase.\\n (c) All advertisements or promotions for gift certificates shall\\ninclude a notice in like or similar term to the following: \"TERMS AND\\nCONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT CARDS\".\\n 3. The terms and conditions of a gift certificate store credit shall\\nbe clearly and conspicuously stated thereon. Terms and conditions shall\\ninclude the expiration date, whether any fees are assessed against the\\nbalance of the gift certificate, and whether a fee will be charged for\\nthe replacement of a gift certificate that is lost, stolen, or\\ndestroyed, if any. Additional terms and conditions including, but not\\nlimited to, policies related to refunds, warranties, changes in terms\\nand conditions, the procedure for the replacement of a gift certificate,\\nif any, assignment and waiver shall be conspicuously printed: (a) on the\\ngift certificate; or (b) on an envelope or packaging containing the gift\\ncertificate, provided that a toll free telephone number to access the\\nadditional terms and conditions is printed on the gift certificate; or\\n(c) on an accompanying document, provided that a toll free telephone\\nnumber to access the additional terms and conditions is printed on the\\ngift certificate.\\n 3-a. The requirements of subdivisions two-a and three of this section\\nshall not apply to a gift certificate that has no terms and conditions.\\n 3-b. Subparagraph (i) of paragraph (a) of subdivision two-a and\\nsubdivision five-a of this section shall not apply to gift certificates:\\n (a) sold below face value or at a volume discount to employees, to\\nnonprofit and charitable organizations, or educational institutions for\\nfundraising purposes; or\\n (b) distributed to a consumer or employee pursuant to an awards,\\nrewards, loyalty, or promotional program without any consideration being\\ngiven in exchange for the gift certificate by the consumer or employee.\\n 3-c. Nothing in this section shall be construed to prevent unclaimed\\nfunds related to gift certificates from becoming abandoned under section\\nthirteen hundred fifteen of the abandoned property law.\\n 4. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan one thousand dollars for such violation. In connection with any\\nsuch application, the attorney general is authorized to take proof and\\nmake a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n 5. (a) No retroactive fees shall be assessed against a gift\\ncertificate.\\n (b) No monthly service fees may be assessed against the balance of a\\ngift certificate prior to the twenty-fifth month of dormancy.\\n (c) A service fee may be assessed after the twenty-fourth month of\\ndormancy provided that any such fee shall be waived and the gift\\ncertificate replenished to its value prior to such fees being assessed\\nwhere the holder of such gift certificate presents the certificate\\nwithin three years of issue.\\n (d) For the purposes of this subdivision, \"dormancy\" shall mean\\nnon-use of a gift certificate. Use of a gift certificate shall include,\\nbut not be limited to, adding value, or purchases.\\n 5-a. It shall be unlawful for any person to sell or issue a gift\\ncertificate where the underlying funds are subject to an expiration date\\nwhich is earlier than five years after the date on which the gift\\ncertificate was issued, or the date on which funds were last loaded to a\\nstore gift card. The terms of expiration shall be clearly and\\nconspicuously stated on the gift certificate.\\n 6. The provisions of this section shall be exclusive and shall preempt\\nany provisions of local law, ordinance or code, and no locality shall\\nimpose requirements that are inconsistent with or more restrictive than\\nthose set forth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-J", "title" : "Sale or possession of master or manipulative keys for motor vehicles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-J", "activeDate" : "2014-09-22", "sequenceNo" : 708, "repealedDate" : null, "fromSection" : "396-J", "toSection" : "396-J", "text" : " § 396-j. Sale or possession of master or manipulative keys for motor\\nvehicles. 1. Any person, firm, copartnership, corporation or\\nassociation, or any agent or employee thereof who (a) sells, offers for\\nsale or advertises for sale or knowingly possesses any master or\\nmanipulative key or device designed to open or capable of opening the\\ndoor or trunk of any motor vehicle, or of starting the engine thereof,\\nor (b) knowingly possesses any key cutter, manufacturing device or tool\\nwhich is capable of producing, duplicating or altering any key designed\\nto open or capable of opening the door or trunk of any motor vehicle, or\\nof starting the engine thereof, under circumstances evincing an intent\\nto use or knowledge that some person intends to use the same to make a\\nkey to unlawfully enter or operate any motor vehicle, or (c) knowingly\\npossesses any duplicate key or key blank or device designed to open or\\ncapable of opening or capable of being readily adapted to open the door\\nor trunk of any motor vehicle, or of starting the engine thereof, under\\ncircumstances evincing an intent to use or knowledge that some person\\nintends to use the same to unlawfully enter or operate any motor\\nvehicle, is guilty of a class A misdemeanor.\\n 2. This section shall not apply to a dealer of new or used motor\\nvehicles, a car rental agent, or a locksmith or their agents while\\nacting within the scope of their employment; or a private investigator,\\nor his employees, who is licensed and bonded by the state of New York\\nand who in the usual course of business repossesses motor vehicles; or a\\nstate or municipal law enforcement officer acting within the scope of\\nhis official duties.\\n 3. Notwithstanding the provisions of subdivision one of this section,\\nit shall be lawful for an automobile club duly organized under the\\nMembership Corporations Law, for the purpose of providing services to\\nits members, its duly authorized employees or agents, to possess and use\\na device other than a master or manipulative key for the purpose of\\nopening a door of a locked motor vehicle when requested to do so by a\\nmember of said automobile club who is the owner or the operator in\\nlawful possession of said motor vehicle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-K", "title" : "Hazardous toys and other articles intended primarily for use by children; prohibition and enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-K", "activeDate" : "2014-09-22", "sequenceNo" : 709, "repealedDate" : null, "fromSection" : "396-K", "toSection" : "396-K", "text" : " * § 396-k. Hazardous toys and other articles intended primarily for\\nuse by children; prohibition and enforcement. 1. No person, firm,\\ncorporation, association or agent or employee thereof shall import,\\nmanufacture, sell, hold for sale or distribute a toy or other article\\nintended for use by a child which presents an electrical, mechanical or\\nthermal hazard. The following definitions are applicable to this\\nsection:\\n (a) \"Child\" means any person less than fourteen years of age;\\n (b) A toy or other article presents an electrical hazard if, in normal\\nuse or when subjected to reasonably foreseeable damage or abuse, its\\ndesign or manufacture may cause personal injury or illness by electrical\\nshock or electrocution;\\n (c) A toy or other article presents a mechanical hazard if, in normal\\nuse or when subjected to reasonably foreseeable damage or abuse, its\\ndesign or manufacture presents an unreasonable risk of personal injury\\nor illness:\\n (1) from fracture, fragmentation or disassembly of the article;\\n (2) from propulsion of the article or any part or accessory thereof;\\n (3) from points or other protrusions, surfaces, edges, openings or\\nclosures;\\n (4) from moving parts;\\n (5) from lack or insufficiency of controls to reduce or stop motion;\\n (6) as a result of self-adhering characteristics of the article;\\n (7) because the article or any part or accessory thereof may be\\naspirated or ingested;\\n (8) because of instability;\\n (9) from stuffing material which is not free of dangerous or harmful\\nsubstances; or\\n (10) because of any other aspect of the article's design or\\nmanufacture.\\n (d) A toy or other article presents a thermal hazard if, in normal use\\nor when subjected to reasonably foreseeable damage or abuse, its design\\nor manufacture presents an unreasonable risk to personal injury or\\nillness because of heat as from heated parts, substances or surfaces.\\n 2. Whenever the attorney general shall believe from evidence\\nsatisfactory to him that any person, firm, corporation or association or\\nagent or employee thereof has violated any provision of this section, he\\nmay bring an action in the supreme court of the state of New York for a\\njudgment enjoining the continuance of such violation and for a civil\\npenalty of not more than one thousand dollars for each violation, except\\nthat the court may impose a civil penalty of not more than four thousand\\ndollars if the violation is knowing and willful. If it shall appear to\\nthe satisfaction of the court or justice that the defendant has violated\\nany provision of this section, no proof shall be required that any\\nperson has been injured thereby nor that the defendant knowingly or\\nintentionally violated such provision. In such action preliminary relief\\nmay be granted under article sixty-three of the civil practice law and\\nrules.\\n 3. Before any violation of this section is sought to be enjoined, the\\nattorney general shall be required to give the person against whom such\\nproceeding is contemplated notice by certified mail and an opportunity\\nto show in writing within five business days after receipt of notice why\\nproceedings should not be instituted against him, unless the attorney\\ngeneral shall find, in any case in which he seeks preliminary relief,\\nthat to give such notice and opportunity is not in the public interest.\\n 4. In any such action it shall be a complete defense that the toy or\\nother article sought to be enjoined either complies with, or is exempt\\nunder, the federal \"Child Protection and Toy Safety Act of 1969\", as\\namended, or the federal \"Consumer Product Safety Act\", as amended, or\\nany regulation or exemption promulgated under either act or any other\\napplicable federal law. In the case of children's sleepware, it shall be\\na complete defense that the article sought to be enjoined complies with\\nany enforcement policy formally issued by a federal agency having\\nenforcement authority with respect thereto.\\n 5. In connection with any such proposed application, the attorney\\ngeneral is authorized to take proof, issue subpoenas and administer\\noaths in the manner provided in the civil practice law and rules.\\n 6. If any provisions of this chapter or the application thereof to any\\nperson or circumstances is held unconstitutional, such invalidity shall\\nnot affect other provisions or applications of this chapter which can be\\ngiven effect without the invalid provision or application, and to this\\nend the provisions of this chapter are severable.\\n * NB There are 2 § 396-k's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-K*2", "title" : "Sale of certain motor vehicles damaged by the ravages of natural disaster", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-K*2", "activeDate" : "2014-09-22", "sequenceNo" : 710, "repealedDate" : null, "fromSection" : "396-K*2", "toSection" : "396-K*2", "text" : " * § 396-k. Sale of certain motor vehicles damaged by the ravages of\\nnatural disaster. No person, firm or corporation shall knowingly sell in\\nthis state any motor vehicle the mechanical or electrical system of\\nwhich has been previously damaged by the ravages of a natural disaster\\nsuch as fire, flood, hurricane, landslide, earthquake, windstorm or\\nother storm, to an extent which rendered the vehicle inoperable for any\\nperiod of time, unless notice, in writing, of the fact of such damage,\\nthe nature and extent thereof and the date and location in which it\\noccurred is first given to each buyer of such motor vehicle. For the\\npurposes of this section, a vehicle shall be deemed to have been\\nrendered inoperable if, as a result of the damage caused by the natural\\ndisaster, it would be necessary for such vehicle to undergo repair in\\norder to pass inspection in the manner provided in article five of the\\nvehicle and traffic law.\\n A violation of this section shall constitute a class B misdemeanor.\\n * NB There are 2 § 396-k's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-KK", "title" : "Sale of video game consoles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-KK", "activeDate" : "2014-09-22", "sequenceNo" : 711, "repealedDate" : null, "fromSection" : "396-KK", "toSection" : "396-KK", "text" : " § 396-kk. Sale of video game consoles. 1. For purposes of this\\nsection:\\n (a) \"Video game\" means an interactive electronic amusement device,\\ndisk, cartridge or other object that utilizes a computer, microprocessor\\nor similar electronic circuitry and its own monitor, a television set or\\na computer monitor, and such device or object is designed to allow a\\nperson to manipulate the images presented by such device or object.\\n (b) \"Video game console\" means an interactive electronic amusement\\ndevice that uses a dedicated computer, microprocessor or similar\\nelectronic circuitry and its own monitor, a television set or a computer\\nmonitor to enable a person to interact with a video game. Such terms\\nshall not include a personal computer, nor shall they include a handheld\\ndevice in which such entire device, including the viewing screen, is\\ndesigned to be held in one's hand.\\n 2. Every new video game console sold at retail in this state shall\\ninclude a mechanism, device or control system that allows an owner,\\nthrough the use of a personal identification number, password or similar\\ntechnology, to prevent the display on such video game console of video\\ngames, or portions thereof, containing certain content or having certain\\nratings, as such term is defined in subdivision two of section six\\nhundred eleven of this chapter.\\n 3. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan five hundred dollars for a single violation and not more than fifty\\nthousand dollars for multiple violations resulting from a single act or\\nincident. In connection with any such proposed application, the attorney\\ngeneral is authorized to take proof and make a determination of the\\nrelevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-L", "title" : "Shopping carts; child protective devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-L", "activeDate" : "2014-09-22", "sequenceNo" : 712, "repealedDate" : null, "fromSection" : "396-L", "toSection" : "396-L", "text" : " § 396-l. Shopping carts; child protective devices. 1. For the purposes\\nof this section, \"child protective device\" shall mean a strap, device,\\nor piece of equipment designed, utilizing reasonable engineering\\nstandards, to prevent a child from falling out of a shopping cart. Any\\nchild protective device designed to secure a child of average size\\nwithin the ages of six months to four years shall qualify for the\\ntwenty-five percent threshold set forth in subdivision two of this\\nsection.\\n 2. Every commercial business which provides its customers with\\nshopping carts with seats for children shall equip and maintain not less\\nthan twenty-five percent of the total number of such shopping carts with\\na child protective device.\\n 3. Whenever there shall be a violation of this section, application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. The defendant shall have twenty-one days from the date of\\nreceipt of notice of the violation within which to remedy the violation.\\nIn the event that such violation is not remedied, the court may impose a\\ncivil penalty of not more than one thousand dollars per violation. For\\nthe purpose of this section, failure to meet the twenty-five percent\\nthreshold set forth in subdivision two of this section shall constitute\\na single violation. In connection with any such proposed application,\\nthe attorney general is authorized to take proof and make a\\ndetermination of the relevant facts and to issue subpoenas in accordance\\nwith the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-M", "title" : "Mail-order or telephone-order merchandise", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-M", "activeDate" : "2014-09-22", "sequenceNo" : 713, "repealedDate" : null, "fromSection" : "396-M", "toSection" : "396-M", "text" : " § 396-m. Mail-order or telephone-order merchandise. 1. This section\\nshall apply to any mail-order business or any telephone order business\\nwhich is located in this state or advertises a New York state mailing\\naddress or telephone number.\\n 2. Definitions, as used in this section:\\n a. \"mail-order business\" shall mean a business which is engaged in the\\nsolicitation of orders by advertisement or otherwise for merchandise or\\nservices connected with merchandise to be shipped to the customer\\nthrough the mail or by other carrier, upon receipt of an order with\\npayment or with charge account authorization remitted through the mail,\\nelectronic mail or the Internet or by telephone and the merchandise by\\nits nature is ready for use or consumption when advertised or offered\\nfor sale and can be held in stock.\\n b. \"merchandise\" shall mean tangible chattels bought for personal,\\nfamily or household purposes.\\n c. \"shipment\" shall mean the act whereby the seller physically places\\nthe merchandise into the possession of the United States postal service\\nor other carrier.\\n d. \"telephone order business\" shall mean a mail order business which\\naccepts orders by telephone, or a business which is primarily engaged in\\nthe solicitation of orders by advertisement or otherwise for merchandise\\nor services connected with merchandise to be shipped to the customer\\nthrough the mail or by other carrier, upon receipt of an order with\\ncharge account authorization remitted by telephone and the merchandise\\nby its nature is ready for use or consumption when advertised or offered\\nfor sale and can be held in stock.\\n e. \"accepts orders\" shall mean, in the case of a mail order, receipt\\nof an order with payment or with charge account authorization remitted\\nthrough the mail, electronic mail or the Internet, and, in the case of a\\ntelephone order, receipt of an order with charge account authorization\\nand debiting the buyer's account.\\n 3. No person, partnership, firm, association or corporation or agent\\nor employee thereof who conducts a mail-order business or a telephone\\norder business shall:\\n a. advertise for sale merchandise which is not reasonably anticipated\\nto be available for shipment within thirty days from date of publication\\nor broadcast of advertisement or from date catalog or circular is\\nmailed, unless a longer period of time is clearly and conspicuously\\nstated in such advertisement. Whenever the term \"thirty days\" appears in\\nthis section, such term shall include a longer period of time if clearly\\nand conspicuously stated in such advertisement.\\n b. accept orders for merchandise which is not reasonably anticipated\\nto be available for shipment within thirty days from the date of receipt\\nof the order together with payment or with charge account authorization\\nin the case of an order remitted through the mail, electronic mail or\\nthe Internet or within thirty days from the date the seller debits the\\nbuyer's account in the case of an order placed by telephone.\\n c. unless the seller qualifies and elects to be governed by paragraph\\ni, fail to either ship ordered merchandise or issue a refund (if payment\\nhas been remitted) for ordered merchandise which is not available within\\nthirty days of receipt of order and payment therefor.\\n d. unless the seller qualifies and elects to be governed by\\nparagragraph i, fail to either ship ordered merchandise or issue a\\ncredit (if charge-account authorization has been given and exercised by\\nseller) for ordered merchandise which is not available within thirty\\ndays of receipt of order and charge-account authorization therefor.\\n e. fail to issue a refund or credit the customer's account if\\npromised, upon demand of the customer within thirty days from the date\\nof receipt of request for such refund provided the merchandise has been\\nreturned, if required.\\n f. fail to maintain a record of each complaint alleging failure to\\nship merchandise or furnish services connected with merchandise\\nsolicited and ordered on a pre-paid basis and the disposition of each\\nsuch complaint. Such record shall be kept for a period of at least\\neighteen months following the disposition of such complaint.\\n g. fail to maintain records showing the employment of systems and\\nprocedures designed to comply with requirements of this subdivision.\\n h. fail to prominently feature in all advertising or other promotional\\nmaterials containing a post office box address including order blanks\\nand forms, the legal name of the company soliciting the order, the\\ncomplete street address of such company and under what conditions a\\nrefund will be issued including but not limited to whether a refund will\\nbe issued:\\n (i) at any time, or not beyond a point in time specified; or\\n (ii) in cash, or as credit or in-house credit only. This paragraph\\nshall not apply to a mail-order business that has a policy of accepting\\nreturns, for a period of not less than twenty days after the date of\\ndelivery of merchandise to the customer and providing a cash refund for\\na cash purchase or providing a cash refund or issuing a credit for a\\ncredit purchase, which credit is applied to the account on which the\\npurchase was debited, in connection with the return of its unused and\\nundamaged merchandise. Provided, however, that nothing contained herein\\nshall prohibit a mail-order business from applying a cash payment for\\nreturned merchandise towards a prior outstanding balance. Provided,\\nfurther, that nothing contained herein shall be deemed to require a cash\\nrefund of less than one dollar where the mail-order business provides\\nin-house credit for such sum.\\n i. where the seller, due to circumstances beyond his control, is\\nunable to make shipment within the time required by this section, the\\nprovisions of paragraphs c and d of this subdivision shall not apply if\\nthe seller elects to be governed by this paragraph and does either of\\nthe following:\\n (i) sends to the buyer a notice of delayed shipment, stating the\\nduration of the expected delay, providing the buyer with the opportunity\\nto express his choice whether to cancel his order and receive a refund,\\nbe shipped the merchandise or be furnished the services by a specified\\nlater date, or to accept substitute merchandise of equivalent or\\nsuperior quality. If the seller proposes to substitute merchandise, he\\nshall describe it in detail, indicating how it differs from the goods\\nordered. The notice shall be sent by first class mail and accompanied by\\na self-addressed, postage paid device upon which the buyer may indicate\\nhis choice, and mailed in advance of the expiration of the thirty day\\nperiod, or that time stated in the solicitation. The notice shall\\nexpressly advise the buyer that the order will be immediately cancelled\\nand a refund forwarded where the buyer does not choose otherwise by\\nresponse within thirty-five days of the date of mailing by the seller of\\nthe above notice. If, prior to shipment, the seller receives a response\\nfrom the buyer requesting refund, such refund shall be promptly made. If\\nno response is received prior to the expiration of the thirty-five day\\nperiod after the date of the mailing by the seller of the above notice,\\nthe seller shall make a prompt refund.\\n (ii) send the customer substitute merchandise of equivalent or\\nsuperior quality, if the customer is extended the opportunity to return\\nthe substituted merchandise and the seller promises to refund to the\\ncustomer the postage cost of returning such merchandise together with\\nany portion of the purchase price previously paid by the customer. Prior\\nto or at the time of shipment of the substitute merchandise, a notice\\nshall be provided to the customer stating the right to obtain a refund\\nand reimbursement for the postage cost incurred in returning the\\nsubstituted merchandise.\\n For purposes of subparagraphs (i) and (ii) of this paragraph,\\nmerchandise may not be considered of \"equivalent or superior\" quality if\\nit is not substantially similar to the merchandise ordered, or not fit\\nfor the usual purposes for which such merchandise is used, or if the\\nseller normally offers the substituted merchandise at a price lower than\\nthe price of the merchandise ordered.\\n j. (i) in the case of an order for merchandise placed by telephone or\\nby electronic means, accept an additional fee for expedited mailing or\\nshipping, which is in excess of the lowest charge the seller would\\naccept, in the regular course of business, for mailing or shipping of\\nthe merchandise ordered, when the seller does not reasonably expect such\\nmerchandise to be mailed or shipped within the next three business days\\nafter the order was placed, unless:\\n (A) the seller notifies the buyer, at the time the order is placed but\\nbefore payment is accepted, that the seller anticipates that the\\nmerchandise will not actually be mailed or shipped within the next three\\nbusiness days after the order is placed; or\\n (B) the seller contacts the buyer, by telephone or by electronic\\nmeans, within the next three business days after the order was placed to\\ninform the buyer:\\n (a) that the mailing or shipping of the merchandise ordered is not\\nreasonably anticipated to occur within the next three business days\\nafter the order was placed;\\n (b) of the date the seller reasonably anticipates the merchandise\\nordered to be mailed or shipped;\\n (c) that, at the buyer's option, the buyer may:\\n (1) accept the reasonably anticipated delay in mailing or shipping; or\\n (2) cancel the order and refund payment to the buyer within thirty\\ndays; or\\n (3) elect to have the merchandise ordered mailed or shipped in the\\nregular course of business and refund the additional fee for expedited\\nmailing or shipping to the buyer within thirty days; and\\n (d) that, if the seller does not receive a response on the next\\nbusiness day, the seller will mail or ship the merchandise ordered, in\\nthe manner originally requested by the buyer. Provided, however, that\\nshould the buyer contact the seller before the merchandise ordered has\\nbeen mailed or shipped, nothing in this section shall be construed to\\npreclude the seller from agreeing to any modifications to the buyer's\\norder which are agreed to by both the buyer and seller.\\n (ii) (A) For the purposes of this subdivision, a seller shall be\\nconsidered to have mailed or shipped a buyer's merchandise when the\\nseller causes such merchandise, and applicable postage or shipping fee,\\nto be physically placed in the possession of the United States Postal\\nService or other carrier. Nothing in this section shall impose any\\nliability on the seller for delays solely attributable to the postal\\nservice or carrier.\\n (B) A statement or notice contained in the advertising material for\\nthe merchandise, in a description of the merchandise, or in a\\ndescription of the mailing and shipping options available to the buyer,\\nwhich advises the buyer of the approximate time the seller reasonably\\nanticipates the merchandise to be mailed or shipped, shall satisfy the\\nnotification requirements of this section.\\n 4. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in section eighty-three\\nhundred three, subdivision six of the civil practice law and rules, and\\ndirect restitution. In connection with any such proposed application,\\nthe attorney general is authorized to take proof and make a\\ndetermination of the relevant facts and to issue subpoenas in accordance\\nwith the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-MM", "title" : "Unlawful trial offers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-MM", "activeDate" : "2014-09-22", "sequenceNo" : 714, "repealedDate" : null, "fromSection" : "396-MM", "toSection" : "396-MM", "text" : " § 396-mm. Unlawful trial offers. 1. a. It shall be unlawful for a\\nperson, partnership, firm, association, corporation or agent or employee\\nthereof to provide a free trial offer unless the material terms of the\\noffer are clearly and conspicuously disclosed. No additional products or\\nservices or enrollment in any membership, for a fee, shall be provided\\nuntil the express consent of the consumer has been obtained.\\n b. At least fifteen, but not more than thirty days before a consumer\\nis required to cancel a free trial, the person, partnership, firm,\\nassociation, corporation or agent or employee thereof shall send to the\\nconsumer the terms of the offer and the deadline to cancel; provided,\\nhowever, that where a free trial offer ends in less than thirty days,\\nthe terms of the offer and the deadline to cancel shall be sent at least\\nseven days before a consumer is required to cancel the free trial. Such\\nnotice is not required when the free trial is a magazine or newspaper\\nsubscription and at any time cancellation occurs the consumer shall\\nreceive a refund for issues not mailed; provided, however, that such\\nrefund option is disclosed with the free trial subscription offer.\\n 2. This section shall not apply to a negative option plan regulated by\\nthe federal trade commission pursuant to Code of Federal Regulations,\\ntitle 16, part 425; and does not apply to other contractual plans or\\narrangements such as continuity plans, subscription arrangements,\\nstanding order arrangements, supplements and series arrangements, under\\nwhich the seller provides similar special interest goods or services to\\na consumer who has consented in advance to receive the goods or services\\non a periodic basis with no binding commitment period and no minimum\\npurchase amount.\\n 3. This section shall not apply to any purchase when the person,\\npartnership, firm, association, corporation or agent or employee thereof\\ndoes not debit or charge any consumer account and sends the consumer an\\ninvoice requesting payment which includes information about how to\\ncancel a free trial.\\n 4. a. Every violation of this section shall be deemed a deceptive act\\nand practice subject to enforcement under article twenty-two-A of this\\nchapter. In every case where the court shall determine that a violation\\nof this section has occurred, it may impose a civil penalty of up to one\\nthousand five hundred dollars for each violation.\\n b. Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or the common law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-N", "title" : "Sales with \"money back guarantee\" and with \"limited guarantee\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-N", "activeDate" : "2014-09-22", "sequenceNo" : 715, "repealedDate" : null, "fromSection" : "396-N", "toSection" : "396-N", "text" : " § 396-n. Sales with \"money back guarantee\" and with \"limited\\nguarantee\". 1. Definitions. As used in this section:\\n (a) \"Seller\" shall include any person, firm, partnership or\\ncorporation.\\n (b) \"Goods\" shall mean merchandise that is bought for use primarily\\nfor personal, family or household purposes.\\n (c) \"Money back guarantee\" shall mean a promise made by a seller to a\\npurchaser to repay, within the time period specified by the seller and\\nupon the return of the merchandise, the full purchase price thereof.\\n (d) \"Limited guarantee\" shall mean a promise made by a seller to a\\npurchaser to repay, within the time period specified by the seller and\\nupon the return of the merchandise, a portion of the purchase price, the\\ncomputation of which shall be described in the terms of the guarantee.\\n 2. Whenever a seller offers or advertises for sale goods with a\\nguarantee that promises the return of the purchase price, upon the\\nreturn of the merchandise, such guarantee shall be deemed to be a money\\nback guarantee unless the term \"limited guarantee\" is used and the terms\\nof limitation of such guarantee are specified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-O", "title" : "Sales by persons offering credits or refunds in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-O", "activeDate" : "2014-09-22", "sequenceNo" : 716, "repealedDate" : null, "fromSection" : "396-O", "toSection" : "396-O", "text" : " § 396-o. Sales by persons offering credits or refunds in certain\\ncases. Whenever a person purchases goods or services from a seller,\\nwhere a representation or guarantee is made that a full or partial\\ncredit or refund of the purchase price will be made if the purchaser is\\nnot fully satisfied with the goods or services purchased, unless\\notherwise specifically specified to the contrary, the purchaser alone\\nshall determine whether such guarantee or representation shall be\\nfulfilled by refund or by credit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-P", "title" : "Rates to be posted in taxicabs; certain charges prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-P", "activeDate" : "2014-09-22", "sequenceNo" : 717, "repealedDate" : null, "fromSection" : "396-P", "toSection" : "396-P", "text" : " * § 396-p. Rates to be posted in taxicabs; certain charges prohibited.\\n1. Every taxicab available for hire in this state shall have posted, in\\nthe interior thereof, in a manner legible and conspicuous to passengers,\\na statement of the rates, fares or other charges whether imposed upon\\nthe basis of mileage, or fraction thereof, zones or other equivalent\\nmeasurement and any additional charges for luggage or additional\\npassengers, and if such charges are subject to variation, a statement of\\nthe conditions relating to such variation. No charges greater than those\\nposted shall be made. For the purposes of this section, \"taxicab\" is a\\nmotor vehicle which carries passengers for hire with a seating capacity\\nof not more than eight passengers exclusive of the driver; and \"luggage\"\\nshall not include a wheelchair or other manual or electrically driven\\nmobility assistance device, scooter, tricycle or similar device used by\\na person with a disability as a substitute for walking.\\n 1-a. No taxicab available for hire in this state shall impose on\\nadditional charge for a wheelchair or other manual or electrically\\ndriven mobility assistance device, scooter, tricycle or similar device\\nused by a person with a disability as a substitute for walking.\\n 2. This section shall not annul, alter, affect or exempt any person\\nsubject to the provisions of this section from complying with the laws,\\nordinances, rules or regulations of any locality, relating to the\\nposting of rates in the interior of a taxicab, except to the extent that\\nsuch local laws, ordinances, rules or regulations are inconsistent with\\nany provision of this section, but no such local law, ordinance, rule or\\nregulation shall be considered inconsistent, if it requires greater\\ndisclosure of information to the consumer.\\n 3. The provisions of this section shall not apply to cities having a\\npopulation of one million or more.\\n 4. Any violation of this section shall be punishable by a fine not to\\nexceed fifty dollars, and for any subsequent violation, a fine of not\\nmore than one hundred dollars.\\n * NB There are 2 396-p's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-P*2", "title" : "Contracts for the sale of new motor vehicles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-P*2", "activeDate" : "2014-09-22", "sequenceNo" : 718, "repealedDate" : null, "fromSection" : "396-P*2", "toSection" : "396-P*2", "text" : " * § 396-p. Contracts for the sale of new motor vehicles. 1. Any\\ncovenant or agreement in connection with or collateral to any contract\\nentered into between\\n (a) a manufacturer or distributor of new motor vehicles and a retail\\ndealer thereof, or\\n (b) a retail dealer of new motor vehicles and a consumer,\\npursuant to which the price of such motor vehicle to the dealer or to\\nthe consumer may be increased after such contract has been entered into\\nshall be deemed to be void as against public policy and wholly\\nunenforceable.\\n 2. Every contract provided for in subdivision one of this section\\nshall contain a conspicuous provision in bold face type stating that the\\nprice contained in such contract is the final contract price to which\\nthe parties have agreed, and that no additional fee or charge may be\\nimposed or collected. The provisions of this section shall be limited to\\nthe sale of those new motor vehicles for which the dealer has a bona\\nfide customer order as evidenced by a written sales agreement with a\\nretail customer.\\n 3. If a retail dealer of new motor vehicles accepts a deposit from a\\nconsumer but does not have a bona fide customer order as evidenced by a\\nwritten sales agreement, that dealer shall give the consumer a written\\nform indicating what, if any, options or equipment are desired by the\\nconsumer. This form shall be signed by the consumer and state\\nconspicuously on its face:\\n \"This Is Not An Order Form. There Is No Guarantee That The Motor\\nVehicle Offered To You Will Match The Description Indicated On This Form\\nOr Will Contain These And No Other Options. Should You Decide Not To\\nPurchase The Motor Vehicle, You Have The Right To Obtain A Full Refund\\nOf Your Deposit.\"\\n 4. If a retail dealer of new motor vehicles accepts a deposit from a\\nconsumer pursuant to a written contract for the purchase of a new motor\\nvehicle, such contract shall contain a provision setting forth the\\nestimated delivery date of the automobile and the place of delivery and\\na statement in immediate proximity to the estimated delivery date that,\\nif the automobile has not been delivered in accordance with the contract\\nwithin thirty days following such estimated delivery date, the consumer\\nhas the right to cancel the contract and to receive a full refund,\\nunless the delay in delivery is attributable to the consumer.\\n 5. (a) Prior to the sale and delivery of a new motor vehicle, a retail\\ndealer or employee of a retail dealer shall provide written notification\\nto the consumer of any repairs undertaken to repair physical damage with\\na retail value in excess of five percent of the lesser of the\\nmanufacturer's or distributor's suggested retail price performed after\\nshipment from the manufacturer to the dealer, including damage to the\\nvehicle while in transit. This notice requirement shall not apply to\\nidentical replacement of stolen or damaged accessories or their\\ncomponents. This dollar amount shall include the cost of the retail\\ncharge for parts and labor, at the dealer's stated labor rate.\\n (b) If a retail dealer has provided notice to a consumer pursuant to\\nparagraph (a) of this subdivision, the consumer shall be entitled to\\ncancel the purchase order or other documentation of intent to purchase\\nsuch vehicle and receive a full refund for any deposit made pursuant to\\nthis transaction.\\n (c) If a retail dealer has failed to provide notice to a consumer\\npursuant to paragraph (a) of this subdivision, the consumer shall be\\nentitled to a full refund of the purchase price of the vehicle, any\\ntrade-in allowance plus fees and charges within four months after the\\ndate of purchase. Such fees and charges shall include but not be limited\\nto all license fees, registration fees and any similar governmental\\ncharges, less an allowance for the consumer's use of the vehicle in\\nexcess of one thousand miles for each month or part thereof which has\\nexpired since sale and delivery of the vehicle and the date the consumer\\nsurrenders the vehicle to the retail dealer to receive a refund pursuant\\nto this subdivision, and a reasonable allowance for any damage not\\nattributable to normal wear or usage. The amount of the deduction for\\nmileage in excess of the appropriate allowed amount shall be determined\\nby dividing the mileage in excess of the allowed amount by one hundred\\nthousand miles and multiplying the result times the purchase price.\\nAdjustment shall also be made for any modifications made by the\\npurchaser after delivery of the vehicle which either increase or\\ndecrease the market value of the vehicle. A dealer which accepts return\\nof the motor vehicle because notice of repairs was not provided in\\naccordance with this subdivision shall notify the commissioner of the\\ndepartment of motor vehicles of such return. Refunds shall be made to\\nthe consumer and lienholder, if any, as their interests may appear on\\nthe records of ownership kept by the department of motor vehicles.\\nRefunds shall be accompanied by the proper application for credit or\\nrefund of state and local sales taxes as published by the department of\\ntaxation and finance and by a notice that the sales tax paid on the\\npurchase price or portion thereof being refunded is refundable by the\\ncommissioner of taxation and finance in accordance with the provisions\\nof subdivision (f) of section eleven hundred thirty-nine of the tax law.\\n (d) Any manufacturer, distributor or retail dealer selling or\\ntransferring a new motor vehicle which has been subjected to repairs of\\na value described in this subdivision, shall notify any retail dealer to\\nwhom such new motor vehicle so repaired is sold or transferred. Such\\nnotice shall be in writing, advise of such repairs, and be provided\\nprior to the receipt of any payment for such motor vehicle. If the\\nmanufacturer, distributor, or retail dealer shall fail to provide such\\nnotice, any retail dealer suffering a loss by reason of such failure\\nshall be entitled to reimbursement from the manufacturer, distributor,\\nor retail dealer who has failed to provide such notice.\\n 6. Any dealer or employee of a dealer who violates any of the\\nprovisions of this section shall be subject to a civil penalty not to\\nexceed fifty dollars for the first offense and two hundred fifty dollars\\nfor the second and each subsequent offense.\\n * NB There are 2 396-p's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-Q", "title" : "New motor vehicles; sales and leases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-Q", "activeDate" : "2014-09-22", "sequenceNo" : 719, "repealedDate" : null, "fromSection" : "396-Q", "toSection" : "396-Q", "text" : " § 396-q. New motor vehicles; sales and leases. 1. Whenever a consumer\\nagrees to purchase or lease a new motor vehicle, as defined in section\\none hundred twenty-five of the vehicle and traffic law and excluding\\nclass A, B and C limited use motorcycles as defined in section one\\nhundred twenty-one-b of the vehicle and traffic law, from a dealer and\\nsigns a contract supplied by such dealer, the dealer or an employee of\\nthe dealer shall also sign the contract. For purposes of contract\\nformation, such signature shall be presumed to be an authorized\\nsignature.\\n 2. If a trade-in allowance is agreed upon between a consumer and a\\ndealer, such allowance must be contained in writing within the contract.\\nIf a consumer signs a contract supplied by a dealer for the purchase or\\nlease of a motor vehicle and the contract contains a trade-in allowance,\\nsuch allowance shall not be reduced upon delivery of the trade-in\\nvehicle; provided that the value of the trade-in vehicle is not\\nmaterially diminished as a result of physical damage, alteration or\\ndeterioration in mechanical condition other than normal wear and tear.\\n 3. If an interest rate on the financing of the sale of a car is\\noffered to the consumer by the dealer, at the time a deposit is made or\\na bona fide customer order is executed, that interest rate shall be\\nguaranteed by the dealer as of the date of the deposit or order, if the\\nfinancing of the sale is to be provided by the dealer. If an interest\\nrate on the financing of the sale of a car is offered to the consumer by\\na manufacturer, through a dealer, at the time a deposit is made or a\\nbona fide customer order is executed, that interest rate shall be\\nguaranteed by the manufacturer as of the date of the deposit or order,\\nif the financing of the sale is to be provided by the manufacturer. If\\nan interest rate on the financing of the sale of a car is offered to the\\nconsumer by a financing agency as defined by subdivision nine of section\\nthree hundred one of the personal property law, through a dealer, at the\\ntime a deposit is made or a bona fide customer order is executed, that\\ninterest rate shall be guaranteed by such financing agency as of the\\ndate of the deposit or order, if the financing of the sale is to be\\nprovided by such financing agency.\\n 4. If at the time a new motor vehicle is delivered by a dealer to the\\nconsumer, such motor vehicle is not equipped with the specific options\\nor equipment ordered by the consumer as stipulated in the purchase\\ncontract, the dealer shall offer to reduce the price stated in the\\ncontract by the dollar amount of the equipment that has not been\\nprovided. No dealer shall be entitled to receive or collect payment for\\nany ordered merchandise, accessories or equipment which in fact was not\\nprovided at the time of delivery of the vehicle unless the consumer\\nindicates a willingness in writing to wait for a stated period of time\\nfor the option or equipment to become available or be installed. Nothing\\nin this subdivision shall in any way limit the rights or remedies which\\nare otherwise available to a consumer under any other provision of law,\\nincluding, but not limited to, the right to refuse to accept delivery of\\na vehicle not equipped as stipulated in the purchase contract.\\n 5. Any dealer or employee of a dealer who violates any of the\\nprovisions of this section shall be guilty of an offense and subject to\\na fine not to exceed fifty dollars.\\n In addition, any individual injured by reason of a violation of\\nsubdivision three of this section, may bring an action to recover actual\\ndamages and reasonable attorney's fees and costs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-QQ", "title" : "New and used motor vehicles; sales and leases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-QQ", "activeDate" : "2014-09-22", "sequenceNo" : 720, "repealedDate" : null, "fromSection" : "396-QQ", "toSection" : "396-QQ", "text" : " § 396-qq. New and used motor vehicles; sales and leases. 1.\\nDefinitions. The following terms when used in this section, shall be\\ndeemed to mean and include:\\n a. \"Dealer\" as defined in section four hundred fifteen of the vehicle\\nand traffic law.\\n b. \"Motor vehicle\" as defined in section one hundred twenty-five of\\nthe vehicle and traffic law and excluding class A, B and C limited use\\nmotorcycles as defined in section one hundred twenty-one-b of the\\nvehicle and traffic law.\\n 2. Whenever a dealer provides to a purchaser or lessee of a motor\\nvehicle the service of securing a registration and/or certificate of\\ntitle for such vehicle from the commissioner of motor vehicles or his\\nissuing agent, the dealer shall either calculate the actual registration\\nand/or certificate of title charges due, or make a good faith estimate\\nin each transaction of the amount of such charges on the sales contract\\nor lease agreement. If such charges are estimated, the dealer shall set\\nforth on such sales contract or lease agreement or on a separate\\ndocument to be initialled by the purchaser or lessee in conspicuous\\nboldface type, the following disclosure: \"THE AMOUNT INDICATED ON THIS\\nSALES CONTRACT OR LEASE AGREEMENT FOR REGISTRATION AND TITLE FEES IS AN\\nESTIMATE. IN SOME INSTANCES, IT MAY EXCEED THE ACTUAL FEES DUE THE\\nCOMMISSIONER OF MOTOR VEHICLES. THE DEALER WILL AUTOMATICALLY, AND\\nWITHIN SIXTY DAYS OF SECURING SUCH REGISTRATION AND TITLE, REFUND ANY\\nAMOUNT OVERPAID FOR SUCH FEES.\" If such charges are estimated, the\\ndealer shall, within sixty days of securing such registration and title,\\nrefund to the purchaser or lessee the difference between the estimated\\namount collected from such purchaser or lessee by the dealer and the\\nactual fees paid to the commissioner of motor vehicles by the dealer.\\n 3. Where a violation of this section is alleged to have occurred, the\\nattorney general may apply in the name of the people of the state of New\\nYork to the supreme court of the state of New York within the judicial\\ndistrict in which such violation is alleged to have occurred, on notice\\nof five days, for an order enjoining or restraining the continuance of\\nsuch violation. In any such proceeding the court may impose a civil\\npenalty in an amount not to exceed five hundred dollars and order\\nrestitution to aggrieved consumers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-R", "title" : "Price gouging", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-06-12", "2023-12-15" ], "docLevelId" : "396-R", "activeDate" : "2020-06-12", "sequenceNo" : 721, "repealedDate" : null, "fromSection" : "396-R", "toSection" : "396-R", "text" : " § 396-r. Price gouging. 1. Legislative findings and declaration. The\\nlegislature hereby finds that during periods of abnormal disruption of\\nthe market caused by strikes, power failures, severe shortages or other\\nextraordinary adverse circumstances, some parties within the chain of\\ndistribution of goods have taken unfair advantage of the public by\\ncharging grossly excessive prices for essential goods and services.\\n In order to prevent any party within the chain of distribution of any\\ngoods from taking unfair advantage of the public during abnormal\\ndisruptions of the market, the legislature declares that the public\\ninterest requires that such conduct be prohibited and made subject to\\ncivil penalties.\\n 2. During any abnormal disruption of the market for goods and services\\nvital and necessary for the health, safety and welfare of consumers or\\nthe general public, no party within the chain of distribution of such\\ngoods or services or both shall sell or offer to sell any such goods or\\nservices or both for an amount which represents an unconscionably\\nexcessive price. For purposes of this section, the phrase \"abnormal\\ndisruption of the market\" shall mean any change in the market, whether\\nactual or imminently threatened, resulting from stress of weather,\\nconvulsion of nature, failure or shortage of electric power or other\\nsource of energy, strike, civil disorder, war, military action, national\\nor local emergency, or other cause of an abnormal disruption of the\\nmarket which results in the declaration of a state of emergency by the\\ngovernor. For the purposes of this section, the term goods and services\\nshall include (a) consumer goods and services used, bought or rendered\\nprimarily for personal, family or household purposes, (b) essential\\nmedical supplies and services used for the care, cure, mitigation,\\ntreatment or prevention of any illness or disease, and (c) any other\\nessential goods and services used to promote the health or welfare of\\nthe public. This prohibition shall apply to all parties within the chain\\nof distribution, including any manufacturer, supplier, wholesaler,\\ndistributor or retail seller of goods or services or both sold by one\\nparty to another when the product sold was located in the state prior to\\nthe sale. Goods and services shall also include any repairs made by any\\nparty within the chain of distribution of goods on an emergency basis as\\na result of such abnormal disruption of the market.\\n 3. Whether a price is unconscionably excessive is a question of law\\nfor the court.\\n (a) The court's determination that a violation of this section has\\noccurred shall be based on any of the following factors: (i) that the\\namount of the excess in price is unconscionably extreme; or (ii) that\\nthere was an exercise of unfair leverage or unconscionable means; or\\n(iii) a combination of both factors in subparagraphs (i) and (ii) of\\nthis paragraph.\\n (b) In any proceeding commenced pursuant to subdivision four of this\\nsection, prima facie proof that a violation of this section has occurred\\nshall include evidence that:\\n (i) the amount charged represents a gross disparity between the price\\nof the goods or services which were the subject of the transaction and\\ntheir value measured by the price at which such goods or services were\\nsold or offered for sale by the defendant in the usual course of\\nbusiness immediately prior to the onset of the abnormal disruption of\\nthe market; or\\n (ii) the amount charged grossly exceeded the price at which the same\\nor similar goods or services were readily obtainable in the trade area.\\n (c) A defendant may rebut a prima facie case with evidence that (1)\\nthe increase in the amount charged preserves the margin of profit that\\nthe defendant received for the same goods or services prior to the\\nabnormal disruption of the market or (2) additional costs not within the\\ncontrol of the defendant were imposed on the defendant for the goods or\\nservices.\\n 4. Where a violation of this section is alleged to have occurred, the\\nattorney general may apply in the name of the People of the State of New\\nYork to the supreme court of the State of New York within the judicial\\ndistrict in which such violations are alleged to have occurred, on\\nnotice of five days, for an order enjoining or restraining commission or\\ncontinuance of the alleged unlawful acts. In any such proceeding, the\\ncourt shall impose a civil penalty in an amount not to exceed\\ntwenty-five thousand dollars per violation or three times the gross\\nreceipts for the relevant goods or services, whichever is greater and,\\nwhere appropriate, order restitution to aggrieved parties.\\n 5. The attorney general may promulgate such rules and regulations as\\nare necessary to effectuate and enforce the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-RR", "title" : "Price gouging; milk", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-RR", "activeDate" : "2014-09-22", "sequenceNo" : 722, "repealedDate" : null, "fromSection" : "396-RR", "toSection" : "396-RR", "text" : " § 396-rr. Price gouging; milk. 1. Definitions. For the purposes of\\nthis section, the following terms shall have the following meanings:\\n (a) \"Person\" shall mean the owner or owners, including any individual,\\npartnership, association, firm, or corporation, of an establishment\\nengaged in the retail sale of milk;\\n (b) \"Commissioner\" shall mean the commissioner of agriculture and\\nmarkets; and\\n (c) \"Fluid milk\" shall mean milk, skim milk or lowfat milk in consumer\\nsized packages sold or offered for sale for off premise consumption.\\n 2. Whenever the commissioner has established a minimum price for milk\\npaid to producers pursuant to section two hundred fifty-eight-m of the\\nagriculture and markets law and such state ordered minimum price is\\nhigher than the price set for milk within the state pursuant to the New\\nYork-New Jersey milk marketing order, or at any time when the retail\\nprice of fluid milk exceeds two hundred percent of the price for class I\\nfluid milk, it shall be the responsibility of the commissioner in\\nconsultation with state and local agencies as the commissioner deems\\nappropriate, to examine the price of fluid milk at retail to determine\\nif the prices of fluid milk sold or offered for sale in the state or in\\nany area thereof appear to the commissioner unconscionably excessive.\\nUpon a determination by the commissioner that the price of fluid milk\\nbeing sold or offered for sale appears unconscionably excessive in a\\nparticular area of the state, the commissioner shall, by written notice,\\nprovide any person found to be selling or offering for sale fluid milk\\nat such price, an opportunity to discontinue such price levels or to\\ndemonstrate that it is not unconscionably excessive. Any person, so\\nnotified, who does not submit a written reply within three business days\\nof the receipt of such notice, and who does not within such time satisfy\\nthe commissioner that the price level which resulted in the issuance of\\nthe notice is justifiable or has been terminated shall be identified in\\nthe commissioner's determination as a person apparently in violation of\\nsubdivision three of this section. Following such notice to and\\nopportunity for such person to respond, the commissioner shall forward\\nhis or her determination, in writing, together with all supporting\\nevidence, to the attorney general.\\n 3. No person shall sell or offer for sale fluid milk for an amount\\nwhich represents an unconscionably excessive price.\\n 4. Whether a price is unconscionably excessive is a question of law\\nfor the court. Evidence that:\\n (a) the price charged at retail for fluid milk represents a gross\\ndisparity between the raw milk price paid to producers plus a reasonable\\nhandler's processing and distribution charge and the price at retail; or\\n (b) the price charged at retail for fluid milk increased a greater\\namount than the price increased for an equivalent volume paid to\\nproducers under an order or interim price of the commissioner pursuant\\nto section two hundred fifty-eight-m of the agriculture and markets law;\\nand\\n (c) in addition to paragraphs (a) and (b) of this subdivision, the\\nincreased price charged by the person was not attributable to additional\\ncharges imposed by its suppliers, or other charges beyond the control of\\nthe person, including the cost of labor, shall constitute prima facie\\nproof of a violation of this section in any proceeding commenced by the\\nattorney general pursuant to subdivision five of this section.\\n 5. Where a determination and all supporting evidence have been\\nforwarded from the commissioner, the attorney general may apply in the\\nname of the people of the state of New York to the supreme court of the\\nstate of New York within the judicial district in which such violations\\nare alleged to have occurred, on notice of five days, for an order\\nenjoining or restraining commission or continuance of the alleged\\nunlawful acts. In any such proceeding, the court shall determine the\\ntotal excessive charge for fluid milk sold. In such proceeding, the\\ncourt shall assess a civil penalty in the sum of the total excessive\\ncharge for fluid milk sold plus an amount not to exceed:\\n (a) one thousand dollars, where the aggregate amount of fluid milk\\nsold is one thousand gallons or less per week; or\\n (b) five thousand dollars, where the aggregate amount of fluid milk\\nsold exceeds one thousand gallons per week; and\\n (c) in addition to paragraphs (a) and (b) of this subdivision where\\nappropriate, order restitution to aggrieved consumers.\\n 6. The commissioner shall promulgate all rules and regulations to\\neffectuate the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-S", "title" : "Individual sewage disposal system; information to vendees of newly constructed homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-10-04", "2025-07-04" ], "docLevelId" : "396-S", "activeDate" : "2014-09-22", "sequenceNo" : 723, "repealedDate" : null, "fromSection" : "396-S", "toSection" : "396-S", "text" : " § 396-s. Individual sewage disposal system; information to vendees of\\nnewly constructed homes. 1. When used in this section, the following\\nterms, unless the context requires otherwise, shall have the following\\nmeanings:\\n (a) \"Vendee\" means any individual or individuals who have contracted\\nwith a vendor for construction of a home on land not owned at the time\\nof such agreement by such individual or individuals.\\n (b) \"Vendor\" means any person, firm, corporation, or association\\nengaged in the business of constructing new homes. A banking\\norganization, as that term is defined in the banking law, shall be a\\nvendor within the meaning of this section if such organization sells a\\nnewly constructed home to a vendee.\\n (c) \"Department\" means the state department of health.\\n (d) \"Individual sewage disposal system\" means a facility serving one\\nor more parcels of land and disposing of sewage or other liquid wastes\\ninto the soil of such parcels, except where a permit for such a facility\\nis required under the applicable provisions of article seventeen of the\\nenvironmental conservation law.\\n (e) \"Health pamphlet\" means the pamphlet known as the New York state\\nhealth department waste treatment pamphlet entitled, \"Septic System\\nOperation and Maintenance\".\\n 2. On and after July first, nineteen hundred eighty-one every vendor\\nshall, either in person or by certified mail, deliver to a vendee at the\\ntime of the transfer of title of the newly constructed home serviced by\\nan individual sewage disposal system a copy of the health bulletin. If\\nthe political subdivision within which the home is located has published\\na waste treatment handbook or pamphlet on individual sewage disposal\\nsystems, the vendor shall supply a copy of such informational material\\nto the vendee in the same manner as the health pamphlet.\\n 3. The commissioner of the department of health is hereby directed to\\nmodify the contents of the health pamphlet in such a manner that such\\nbulletin shall contain information relating to the proper method of\\noperating and maintaining individual sewage disposal systems. Such\\ninformation shall be in clear and concise language readily\\ncomprehensible by vendees and shall identify potential problems that\\nvendees may encounter with individual sewage disposal systems. The\\nmodification to the health bulletin required by this subdivision shall\\nbe made on or before the effective date of this section and shall be\\nincluded within any health pamphlet to be distributed by the department\\non and after July first, nineteen hundred eighty-one.\\n 4. The department may establish a method of distributing the pamphlets\\nso that there is no fiscal impact upon the department.\\n 5. Any vendor violating this section shall be subject to a fine of one\\nhundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-SS", "title" : "Access number notification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-SS", "activeDate" : "2014-09-22", "sequenceNo" : 724, "repealedDate" : null, "fromSection" : "396-SS", "toSection" : "396-SS", "text" : " § 396-ss. Access number notification. 1. Definitions. For the purpose\\nof this section, the following words shall have the following meanings:\\n a. \"Dial-up Internet service\" means a service that, by employing\\ntelephone lines, offers the transmission, routing, or providing of\\nconnections for online communications, between or among points specified\\nby a user, of material of the user's choosing, without modification to\\nthe content of the material as sent or received.\\n b. \"Dial-up Internet service provider\" means an entity that provides\\ndial-up Internet service.\\n c. \"Dial-up Internet service subscriber\" means a person or entity who,\\nby current or continuing contract or other continuing arrangement with a\\ndial-up Internet service provider, receives or uses a dial-up Internet\\nservice provided by such dial-up Internet service provider.\\n 2. Every dial-up Internet service provider that provides such service\\nthrough one or more telephone numbers in telephone area codes located in\\nNew York state shall prominently post in bold capital letters, on every\\nscreen page on which Internet access service telephone numbers are set\\nforth, whether contained on an Internet web site or elsewhere, the\\nfollowing notice:\\n WARNING: THE USE OF SOME OF THE FOLLOWING TELEPHONE NUMBERS MAY RESULT\\nIN LONG DISTANCE CHARGES. IN SELECTING YOUR ACCESS NUMBER(S), PLEASE\\nNOTE THAT ALTHOUGH AN ACCESS NUMBER MAY BE IN YOUR AREA CODE OR LOCATED\\nIN YOUR GENERAL GEOGRAPHIC REGION, IT MAY NOT NECESSARILY BE A LOCAL\\nNUMBER FOR YOU. YOU MAY INCUR SUBSTANTIAL TELEPHONE CHARGES IF YOU\\nCHOOSE ACCESS NUMBERS THAT ARE NOT COVERED BY YOUR LOCAL CALLING PLAN.\\n WE URGE YOU TO CHECK WITH YOUR TELEPHONE COMPANY TO FIND OUT WHICH\\nNUMBERS ARE LOCAL FOR YOU BEFORE USING A NUMBER FROM THIS LIST.\\n 3. Notwithstanding the provisions of subdivision two of this section,\\na dial-up Internet service provider who provides such service through\\none or more telephone numbers in telephone area codes located in New\\nYork state who has sold or otherwise provided software to a dial-up\\nInternet service subscriber prior to October twenty-fourth, two thousand\\nfive, when such software cannot be updated by such Internet service\\nprovider without action on the part of such dial-up Internet service\\nsubscriber to include the notice required under subdivision two of this\\nsection, and the contents of the screen page on which Internet access\\nservice telephone numbers are displayed is not contained on an Internet\\nweb site, may comply with the provisions of this section, for the\\npurposes of such software and for such dial-up Internet service\\nsubscribers, by sending such dial-up Internet service subscribers known\\nor reasonably believed to be using such software the notice set forth in\\nsubdivision two of this section, in either written or electronic form.\\n 4. Every failure to comply with this section is a violation of article\\ntwenty-two-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-T", "title" : "Unlawful practices relating to layaway plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-T", "activeDate" : "2014-09-22", "sequenceNo" : 725, "repealedDate" : null, "fromSection" : "396-T", "toSection" : "396-T", "text" : " § 396-t. Unlawful practices relating to layaway plans. (a) Definition\\nof layaway plan. For purposes of this section, the term \"layaway plan\"\\nshall mean a purchase over the amount of fifty dollars whereby the\\nconsumer agrees to pay in four or more installments for the purchase of\\nspecific merchandise, delivery of which is to be made upon the payment\\nof the full purchase price at a definite future date or at a date to be\\nselected by the consumer.\\n (b) It is an unlawful practice for a merchant to accept payment from a\\nconsumer to be applied to the purchase of merchandise on a layaway plan\\nwithout first disclosing to the consumer in writing the following\\ninformation:\\n (1) a description of the merchandise to be purchased on the layaway\\nplan including, as appropriate, the type of item, the name of the\\nmanufacturer, brand name, color, size, style, or model number; and\\n (2) the total cost of the item, including tax, installation, delivery\\nor freight charges; and\\n (3) the amount of any charge for the use of the layaway method of\\npayment such as a service or carrying charge or cancellation fee.\\nFailure to make this disclosure shall preclude the imposition of such\\ncharge or fee; and\\n (4) the duration of the layaway plan; and\\n (5) the required payment schedule, if any, and the consequences of\\nmissing payments; and\\n (6) the merchant's refund policy with respect to payments made by\\nconsumers; and\\n (7) the location, if other than the place of purchase, where the\\nmerchandise is being stored or if the merchandise selected by the\\nconsumer will not be removed from inventory upon receipt of the first\\nlayaway payment by the merchant, there must be prominently disclosed on\\nthe face of the writing given to the consumer, the time at which the\\nmerchandise will be isolated from inventory or ordered by the merchant,\\ne.g., NOTICE: NO MERCHANDISE WILL BE REMOVED FROM INVENTORY UNTIL ______\\nPERCENT OF THE PURCHASE PRICE HAS BEEN PAID, or ATTENTION: YOUR\\nSELECTION OF MERCHANDISE WILL NOT BE ORDERED UNTIL YOU HAVE MADE YOUR\\nNEXT TO FINAL PAYMENT; and\\n (8) all other disclosures required by state or federal law.\\n (c) The merchant must tender the specified merchandise in good\\ncondition to the consumer on demand upon receipt of the final layaway\\npayment unless otherwise provided in the layaway plan.\\n (d) Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n (e) This section shall not annul, alter, affect or exempt any person\\nsubject to the provisions of this section from complying with the laws,\\nordinances, rules or regulations of any locality, relating to the\\ndisclosure of layaway plans, except to the extent that these local laws,\\nordinances, rules or regulations are inconsistent with any provision of\\nthis section, but no such local law, ordinance, rule or regulation shall\\nbe considered inconsistent, if it affords greater protection to the\\nconsumer.\\n (f) The provisions of this section are intended, and are hereby\\ndeclared to supersede any contrary provision of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-TT", "title" : "Listing of business location in directory or database", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-TT", "activeDate" : "2014-09-22", "sequenceNo" : 726, "repealedDate" : null, "fromSection" : "396-TT", "toSection" : "396-TT", "text" : " § 396-tt. Listing of business location in directory or database. 1.\\n(a) No person, firm, corporation, association or agent or employee\\nthereof shall misrepresent the geographical location of a business that\\nderives any portion of its gross income from the sale or arranging for\\nsale of flowers or floral arrangements in the listing of the business in\\na telephone directory or the directory assistance database.\\n (b) For purposes of this section, a misrepresentation of the\\ngeographical location of a business occurs when the name of the business\\nindicates that the business is located in a geographical area and:\\n (i) the business is not located within the geographical area indicated\\nand the listing fails to identify the municipality and state of the\\nbusiness' geographical location; and\\n (ii) telephone calls to the local telephone number listed in the\\ndirectory are forwarded or transferred to a location that is outside the\\ncalling area covered by the directory or database in which the number is\\nlisted.\\n 2. A person, firm, corporation, association or agent or employee may\\nplace a directory listing for a business, the name of which indicates\\nthat it is located in a geographical area that is different from the\\ngeographical area in which the business is located if a conspicuous\\nnotice in the listing states the municipality and state of the business.\\n 3. This section shall not apply to the publishers of a telephone\\ndirectory or providers of a directory assistance service providing\\ninformation about another business.\\n 4. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in subdivision six of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-U", "title" : "Merchandise delivery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-U", "activeDate" : "2014-09-22", "sequenceNo" : 727, "repealedDate" : null, "fromSection" : "396-U", "toSection" : "396-U", "text" : " § 396-u. Merchandise delivery. 1. Definitions. As used in this\\nsection:\\n a. \"Consumer\" means a person who enters into a contract with a dealer\\nfor the purchase or lease of furniture or a major household appliance.\\n b. \"Person\" means any individual, firm, partnership, corporation,\\nassociation or other legal entity.\\n c. \"Furniture\" means any article used to furnish a house, apartment or\\nplace of business or accommodation, as distinguished from permanent\\nfixtures or adjuncts, including but not limited to chairs, tables,\\ncabinets, sofas, carpets, rugs, curtains, bedsteads and chests;\\nprovided, that such term shall not mean any article which is in\\nsubstantial part custom-made or custom finished.\\n d. \"Major household appliance\" means air conditioners, audio or stereo\\nequipment, washing machines for clothes, clothes dryers, dishwashers,\\nfood freezers, refrigerators, stoves, ranges, ovens, sewing machines,\\ntelevision sets, tape and video recorders or any other consumer durable\\ngoods generally intended for household use having a purchase price in\\nexcess of two hundred dollars.\\n e. \"Furniture dealer\", \"major household appliance dealer\" or \"dealer\"\\nmeans any person who engages in the business of selling or leasing\\nfurniture or major household appliances or both.\\n 2. It shall be an unlawful practice for a furniture or major household\\nappliance dealer to:\\n a. Fail to disclose an estimated delivery date, or an estimated range\\nof delivery dates, conspicuously and in writing on the consumer's copy\\nof the contract entered into for the sale or lease of furniture or major\\nhousehold appliance, at the time an order for such merchandise is taken;\\n b. Fail to deliver the furniture or major household appliance by the\\nlatest date stated for delivery, unless the affected consumer is\\nnotified:\\n (1) of the delay and the revised anticipated delivery date or range of\\ndelivery dates; and\\n (2) of the fact that, upon the expiration of the latest date stated\\nfor delivery in the original contract, such consumer shall have the\\noption of:\\n (a) canceling the contract and receiving full refund; or\\n (b) canceling the contract and receiving a credit from the dealer in\\nan amount equal to any deposit made by the consumer; or\\n (c) negotiating a new delivery date or range of delivery dates with\\nthe dealer which date or range of dates shall thereafter be the latest\\ndate stated for delivery in the contract for purposes of this\\nsubdivision; or\\n (d) modifying the contract by making a new selection of furniture or\\nmajor household appliance;\\n c. In the event that the furniture or major household appliance has\\nnot been delivered by the latest date stated for delivery in the\\noriginal contract, to fail to honor a consumer's election from among the\\noptions described in subparagraph two of paragraph b of this\\nsubdivision;\\n d. In the event that a consumer elects to cancel the contract and\\nreceive a refund, to fail to make a refund within two weeks of receiving\\na demand for such refund.\\n 3. Notwithstanding any other provisions of this section, where a delay\\nin delivery as determined from the original contract is caused by a\\nstrike or by an act of God, the applicable delivery date shall be\\nextended by an amount of time equal to the duration of the strike or\\ncondition giving rise to the delay or thirty days, whichever is less.\\n 4. Where a failure to deliver, or delay in delivery beyond the latest\\nday promised or stated for delivery, is caused solely by a consumer,\\nsuch failure or delay shall not constitute an unlawful practice under\\nthis section.\\n 5. Nothing herein contained shall be construed to be a waiver or\\nlimitation of any right of a consumer elsewhere provided by law, and\\nnothing herein shall preempt any local statute or regulation or\\nsupersede any contract which is consistent with this section or which\\nprovides greater protection to the consumer.\\n 6. This section shall not apply to mail order merchandise.\\n 7. A consumer injured by a violation of this section may bring an\\naction to recover damages. Judgment may be entered for three times the\\nactual damages suffered by a consumer or one hundred dollars, whichever\\nis greater provided, however, that treble damages may not be assessed\\nagainst a dealer who shows by a preponderance of the evidence that the\\nviolation was not intentional and resulted from a bona fide error\\nnotwithstanding the maintenance of procedures reasonably adopted to\\navoid such error. A court also may award reasonable attorney's fees to a\\nprevailing plaintiff consumer.\\n 8. Upon any violation of this section, an application may be made by\\nthe attorney general in the name of the people of the state to a court\\nor justice having jurisdiction to issue an injunction, and upon notice\\nto the defendant of not less than five days, to enjoin and restrain the\\ncontinuance of the violation. If it shall appear to the satisfaction of\\nthe court or justice that the defendant has violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with an application made under this\\nsubdivision, the attorney general is authorized to take proof and to\\nmake a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-V", "title" : "Operation of public automated blood pressure machines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-V", "activeDate" : "2014-09-22", "sequenceNo" : 728, "repealedDate" : null, "fromSection" : "396-V", "toSection" : "396-V", "text" : " § 396-v. Operation of public automated blood pressure machines. 1.\\nAny person, firm, partnership, company or corporation which distributes,\\ninstalls, leases or sells automated blood pressure machines in public\\nplaces or places of employment for the unsupervised, self-administered\\ntesting by the general public or employee populations, whether these\\nservices are offered gratuitously or sold, shall post in a conspicuous\\nplace, permanently affixed to the machine, a sign upon which there shall\\nbe imprinted in ten-point type or larger the following statements:\\n (a) These instruments serve merely as screening devices.\\n (b) They should not be used as a substitute for professional medical\\nconsultation.\\n (c) Blood pressure is subject to variation for many reasons. A single\\nhigh or low reading cannot be interpreted as an indication of a health\\nproblem.\\n (d) Blood pressure readings can only be interpreted by a qualified\\nmedical professional. Self diagnosis may be hazardous.\\n 2. A violation of any of the provisions of subdivision one of this\\nsection shall be punishable by a civil penalty of not more than two\\nhundred fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-W", "title" : "Loitering for the purpose of soliciting passengers for transportation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-W", "activeDate" : "2014-09-22", "sequenceNo" : 729, "repealedDate" : null, "fromSection" : "396-W", "toSection" : "396-W", "text" : " § 396-w. Loitering for the purpose of soliciting passengers for\\ntransportation. 1. Any person who loiters or remains in or about any\\nairport located within a county wholly contained within a city, without\\nthe prior written authorization of the New York city taxi and limousine\\ncommission or the state department of transportation to do so, and\\nbeckons to, or stops, or attempts to stop, or interferes with the free\\npassage of other persons, for the purpose of soliciting passengers for\\ntransportation by motor vehicle, from one location to another, for\\nmoney; is guilty of a violation punishable by a fine of not more than\\none hundred dollars, or imprisonment for not more than fifteen days, or\\nboth. A second or subsequent violation of this section shall be a class\\nB misdemeanor.\\n 2. Nothing contained in this section shall be construed to deny any\\nperson the right to discharge passengers from a motor vehicle at such an\\nairport.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-X", "title" : "Gasoline stations; air pumps required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-10-16" ], "docLevelId" : "396-X", "activeDate" : "2020-10-16", "sequenceNo" : 730, "repealedDate" : null, "fromSection" : "396-X", "toSection" : "396-X", "text" : " * § 396-x. Gasoline stations; air pumps required. 1. Definition. As\\nused in this section: \"dealer\" shall mean any person owning or operating\\na premise or facility with four or more gas dispensing nozzles for the\\nretail sale of motor fuels for use in motor vehicles.\\n 2. Any dealer must provide on the premises where motor fuel is sold at\\nretail for use in motor vehicles a functioning motor driven air\\ncompressor capable of inflating automobile tires for use by customers\\nduring hours in which such station is open for business. Jurisdiction in\\nall matters pertaining to this subdivision shall be vested exclusively\\nin the state. Any provision of any local law or ordinance or any rule or\\nregulation promulgated thereto governing tire inflation operation or\\nequipment shall upon the effective date of the chapter of the laws of\\ntwo thousand twenty that amended this subdivision be preempted. Nothing\\nin this section shall be construed to restrict a municipality from\\nenforcing the provisions of this subdivision as it relates to providing\\nfunctioning tire inflation equipment as required by the commissioner of\\nagriculture and markets.\\n 3. Wilful failure to comply with the provisions of this section shall\\nsubject a dealer to a civil penalty of up to twenty-five dollars for\\neach day such failure occurs. If the failure to comply results from the\\nbreakdown of the air compressor, the failure to repair within a\\nreasonable time shall constitute wilful conduct.\\n * NB There are 2 § 396-x's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-X*2", "title" : "Unauthorized removal or destruction of newspapers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-X*2", "activeDate" : "2014-09-22", "sequenceNo" : 731, "repealedDate" : null, "fromSection" : "396-X*2", "toSection" : "396-X*2", "text" : " * § 396-x. Unauthorized removal or destruction of newspapers. 1. It\\nshall be unlawful for any unauthorized person to maliciously remove or\\ndestroy a newspaper left or delivered on another person's property. For\\npurposes of this section: (a) \"unauthorized removal or destruction\"\\nshall mean malicious removal or destruction by a person other than the\\nowner or lessee of property or the agent of the owner or lessee of such\\nproperty from which the newspaper is removed; (b) \"newspaper\" shall mean\\na paper of general circulation which is printed and distributed\\nordinarily not less frequently than once a week and which contains news,\\narticles of opinion, advertising, or other matters regarded as current\\ninterest; and (c) \"another person's property\" shall mean property owned\\nby or leased to another person.\\n 2. The publisher of a newspaper may bring an action under article\\nsixty-three of the civil practice law and rules to enjoin the\\nunauthorized removal or destruction of the publisher's newspaper.\\n 3. A knowing violation of this section shall be punishable by a civil\\nfine of not to exceed one thousand dollars.\\n 4. Nothing contained in this section shall be deemed to limit or\\nmodify the applicability of the penal law to the conduct described in\\nthis section.\\n * NB There are 2 § 396-x's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-Y", "title" : "Sale of certain personal property; incentives; disclosure of value", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396-Y", "activeDate" : "2014-09-22", "sequenceNo" : 732, "repealedDate" : null, "fromSection" : "396-Y", "toSection" : "396-Y", "text" : " § 396-y. Sale of certain personal property; incentives; disclosure of\\nvalue. 1. Definitions. a. The term \"consumer\" shall mean a natural\\nperson residing in this state.\\n b. The term \"consumer goods\" shall mean any item of personal property,\\nmerchandise or services, having a value of five hundred dollars or more,\\nsold or offered for sale to a consumer, the intended use of which is\\npersonal, family or general household, not intended for immediate\\nresale.\\n c. The term \"incentive\" shall mean the free offering of any gift,\\nbonus or other inducement to purchase such consumer goods which gift,\\nbonus or inducement shall be in the nature of intangible personal\\nproperty.\\n 2. Prohibition. No person, firm, corporation, association or agent or\\nemployee thereof shall provide an incentive in the sale or offering for\\nsale of consumer goods, both such terms as defined herein, without a\\ncomplete, detailed and accurate written disclosure of the actual present\\nliquidated retail value of such incentive at the time or date of sale of\\nthe subject consumer goods and whether any tax obligations may be\\nincurred by the consumer as a result of owning the incentive.\\n 3. Enforcement. a. A consumer who has suffered a loss due to a\\nviolation of this section by a merchant is entitled to recover from the\\nmerchant actual damages. In addition, the court may award the consumer\\nreasonable attorneys fees and court costs.\\n b. A violation of this section is a deceptive trade practice under\\nsection three hundred forty-nine of this chapter.\\n c. Whenever there shall be a violation of this section an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan five hundred dollars for each violation. In connection with any\\nsuch proposed application the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n d. Nothing in this section shall be construed so as to nullify or\\nimpair any right or rights which a consumer may have against a merchant\\nat common law, by statute, or otherwise, nor to impair the ability of\\nthe attorney general to institute investigations and proceedings, where\\nappropriate, as provided in article twenty-three-A of this chapter, nor\\nto eliminate the requirements that may be imposed upon a merchant under\\nsuch article.\\n e. An action shall not be brought under this section more than six\\nyears after the occurrence of the act, method or practice which is the\\nsubject of the action or more than one year after the last payment in a\\ntransaction involving the method, act or practice which is the subject\\nof the action, whichever is later.\\n f. Any covenant, promise, agreement or understanding in, or in\\nconnection with or collateral to a sale or offering for sale of consumer\\ngoods, subject to the provisions of this section, purporting to\\nacknowledge that a gift, bonus or other inducement received by a\\nconsumer in connection with a sale or offering for sale of consumer\\ngoods was not an incentive as defined herein, or otherwise purporting to\\ndirectly or indirectly waive the provisions of this section, is against\\npublic policy and is void and unenforceable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "396-Z", "title" : "Rental vehicle protections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-07-06", "2018-07-13", "2018-10-05", "2023-01-13", "2023-07-07" ], "docLevelId" : "396-Z", "activeDate" : "2018-10-05", "sequenceNo" : 733, "repealedDate" : null, "fromSection" : "396-Z", "toSection" : "396-Z", "text" : " * § 396-z. Rental vehicle protections. 1. For the purposes of this\\nsection: (a) \"Authorized driver\" means: (i) the person to whom the\\nvehicle is rented if a licensed driver; (ii) such person's spouse if\\nlicensed and at least eighteen years of age; (iii) any person who\\noperates the vehicle during an emergency situation to a medical\\nfacility; or (iv) any licensed driver expressly listed on the rental\\nagreement as an authorized driver.\\n (b) \"Rental agreement\" means any written agreement setting forth terms\\nand conditions governing the renter's or any authorized driver's use of\\na rental vehicle for a period not to exceed thirty continuous days.\\n (c) \"Rental vehicle company\" means any person or organization, or any\\nsubsidiary or affiliate, including a franchisee, in the business of\\nproviding rental vehicles to the public from locations in this state.\\n (d) \"Optional vehicle protection\" means a rental vehicle company's\\nagreement not to hold an authorized driver liable for all or part of any\\ndamage or loss to the rented vehicle, any loss of use of the rented\\nvehicle, or any storage, impound, towing or administrative charges for\\nwhich an authorized driver may be liable. The term \"optional vehicle\\nprotection\" shall encompass within its meaning other similar terms that\\nmay be used by rental vehicle companies, such as but not limited to\\n\"Collision Damage Waiver\", \"CDW\", \"Damage Waiver\", \"Loss Damage Waiver\",\\n\"LDW\", and \"Physical Damage Waiver\".\\n (e) \"Renter\" means a person or entity that obtains the use of a rental\\nvehicle from a rental vehicle company under terms of a rental agreement.\\n (f) \"Consolidated facilities charge\" means the allowable recovery by a\\nrental vehicle company from its renters of those fees, including any\\ntaxes or fees paid on such fees, for the finance, design, construction\\nand operation of consolidated airport facilities and or the finance,\\ndesign, construction and operation of common use transportation systems\\nthat move passengers between airport terminals and consolidated airport\\ncar rental facilities. The aggregate amount to be collected shall not\\nexceed the reasonable costs, as determined annually by an independent\\naudit paid for by the airport operator or its governing entity, to\\nfinance, design, construct and operate those facilities and common use\\ntransportation systems. The consolidated facilities charge shall apply\\nonly to vehicle rentals occurring at vehicle rental locations subject to\\nthe imposition of such charge by an airport operator or its governing\\nentity. The term \"consolidated facilities charge\" shall encompass within\\nits meaning other similar terms that may be used by airport authorities\\nor rental vehicle companies, such as, but not limited to \"customer\\nfacility charge\" and \"transportation facility charge\".\\n (g) \"Concession recovery fee\" means the allowable recovery by a rental\\nvehicle company from its renters of those fees, including any taxes or\\nfees paid on such fees, which an airport operator or its governing\\nentity imposes on a rental vehicle company's applicable revenues or\\nrental transactions, as defined and stated in a concession agreement\\nthat authorizes a rental vehicle company to operate at an airport\\nlocated in this state. The concession recovery fee shall apply only to\\nvehicle rentals occurring at vehicle rental locations subject to the\\nimposition of such fee by an airport operator or its governing entity.\\nThe term \"concession recovery fee\" shall encompass within its meaning\\nother similar terms that may be used by airport authorities or rental\\nvehicle companies, such as, but not limited to, \"concession fee\",\\n\"concession recovery fee surcharge\", \"privilege fee\" and \"airport access\\nfee\".\\n (h) \"Airport fees\" means consolidated facilities charges and/or\\nconcession recovery fees.\\n (i) \"Concession agreement\" means an agreement, permit or license\\nentered into between an airport operator or its governing entity and\\nrental vehicle company setting forth the terms and conditions under\\nwhich the rental vehicle company may transact its rental business at\\nsuch airport.\\n (j) \"Consolidated airport facilities\" means those buildings or\\nphysical structures, including, but not limited to, parking garages,\\nparking areas and fueling systems, constructed by or on behalf of the\\nairport operator or its governing entity to be jointly used by all\\nrental vehicle companies operating at such airport pursuant to a\\nconcession agreement.\\n (k) \"Rental vehicle\" means a rental vehicle as defined in section one\\nhundred thirty-seven-a of the vehicle and traffic law, but excluding\\nmotor vehicles designed primarily for the transportation of property.\\n (l) \"Manufacturer's suggested retail price\" means the retail price of\\nthe motor vehicle suggested by the manufacturer in accordance with the\\nrequirements of federal law.\\n 2. (a) A rental vehicle company shall not charge more than the\\nfollowing amounts per full or partial twenty-four hour rental day for\\noptional vehicle protection:\\n (i) nine dollars if the manufacturer's suggested retail price of the\\nrental vehicle is not greater than twenty thousand dollars;\\n (ii) twelve dollars if the manufacturer's suggested retail price of\\nthe rental vehicle is greater than twenty thousand dollars but not\\ngreater than thirty-five thousand dollars;\\n (iii) fifteen dollars if the manufacturer's suggested retail price of\\nthe rental vehicle is greater than thirty-five thousand dollars but not\\ngreater than fifty thousand dollars; and\\n (iv) the amount that may be charged for a vehicle with a\\nmanufacturer's suggested value of greater than fifty thousand dollars\\nshall not be subject to a maximum dollar amount but shall be subject to\\nthe fair market value as determined by the rental vehicle company.\\n (b) A rental vehicle company shall not sell optional vehicle\\nprotection unless the renter agrees to the purchase of such protection\\nin writing at or prior to the time the rental agreement is executed.\\n (c) A rental vehicle company shall not void optional vehicle\\nprotection except for one or more of the following reasons:\\n (i) The damage or loss is caused intentionally or as a result of\\nwillful, wanton, or reckless conduct of the driver;\\n (ii) The damage or loss arises out of the driver's operation of the\\nvehicle while intoxicated or unlawfully impaired by the use of alcohol\\nor drugs;\\n (iii) The rental vehicle company entered into the rental transaction\\nbased on fraudulent or materially false information supplied by the\\nrenter or authorized driver;\\n (iv) The damage or loss arises out of the use of the vehicle while\\nengaged in the commission of a crime other than a traffic infraction;\\n (v) The damage or loss arises out of the use of the vehicle to carry\\npersons or property for hire, to push or tow anything, while engaged in\\na speed contest, operating off road, or for driver's training;\\n (vi) The damage or loss arises out of the use of the vehicle by a\\nperson other than: (1) an authorized driver; (2) the renter's child over\\nthe age of eighteen or a parent or parent-in-law of the renter, provided\\nsuch child, parent or parent-in-law is properly licensed to operate a\\nmotor vehicle and resides in the same household as the renter; or (3) a\\nparking valet or parking garage attendant for compensation and in the\\nnormal course of employment;\\n (vii) The damage or loss arises out of the use of the vehicle outside\\nof the continental United States when that use is not specifically\\nauthorized by the rental agreement; or\\n (viii) The renter, or authorized driver, if different, or the renter's\\nchild over the age of eighteen or a parent or parent-in-law of the\\nrenter, if applicable, have failed to comply with the requirements for\\nreporting damage or loss as set forth in subdivision five of this\\nsection.\\n (d) A customer may void optional vehicle protection at no charge\\nwithin twenty-four hours of purchase provided that the customer: (i) has\\nentered into a rental agreement with a term of two or more days, (ii)\\nappears in person at any branch of the vehicle rental company together\\nwith the vehicle that shall be subject to inspection, and (iii) signs a\\ncancellation form provided by the rental vehicle company. After\\ntwenty-four hours of purchase, a customer may prospectively terminate\\noptional vehicle protection at any time, provided the customer: (i)\\nappears in person at any branch of the vehicle rental company together\\nwith the vehicle that shall be subject to inspection; (ii) voids the\\noptional vehicle protection in writing; and (iii) pays the optional\\nvehicle protection charge for any full or partial rental day or portion\\nof a day during which the optional vehicle protection was in effect.\\n 3. Subject to the provisions of subdivisions six, seven, and nine of\\nthis section, a rental vehicle company may hold an authorized driver\\nliable for actual damage to, or loss of, a rental vehicle, provided\\nthat: (a) any claim for such damage shall be based on a physical survey\\nand shall be made upon the return of the rental vehicle, unless such\\nsurvey is precluded because the vehicle is returned by automation,\\nreturned after-hours, or recovered by the rental company, in which\\nevent, any claim must be made within ten days after return or recovery;\\nand (b) any charge for repair of such damage shall be limited to actual\\nand reasonable costs and shall be assessed and billed separately and\\napart from the rental agreement. For purposes of this subdivision,\\n\"returned by automation\" means a return where there is no interaction\\nwith rental vehicle company personnel; and \"after-hours\" return means a\\nreturn after normal business hours and in which the keys are returned to\\nthe rental vehicle company via a drop box or other process offered by\\nthe rental vehicle company.\\n 4. (a) Any rental vehicle company which states or permits to be stated\\nthe rental costs of a rental vehicle in any advertisement shall state\\nconspicuously, in plain language and in conjunction with the advertised\\nrental cost of the vehicle, the daily rate of the applicable optional\\nvehicle protection, that the rate constitutes an additional daily charge\\nto the renter, that the purchase of such protection is optional, and\\nthat prospective renters should examine their credit card protections\\nand automobile insurance policies for rental vehicle coverage.\\n (b) Where a written advertisement, including all print media, contains\\nthe statement of the rental cost of the vehicle, the disclosure required\\nby this section shall be printed in type no less than ten point type.\\n (c) When the website of a rental vehicle company or the video\\npresentation of a television or internet advertisement by the rental\\nvehicle company contains the written statement of the rental cost of a\\nvehicle, the depiction of the cost of the optional vehicle protection\\nshall be clear and conspicuous.\\n (d) When a radio advertisement or the audio presentation of a\\ntelevision advertisement contains the statement of the rental cost of\\nthe motor vehicle, the oral statement of the rental cost shall\\nimmediately be accompanied by an oral statement of the cost of the\\noptional vehicle protection.\\n (e) When a telephone, internet or other inquiry for the rental cost of\\na vehicle is made to a rental vehicle company which involves an\\ninteraction with a representative of a rental vehicle company, the\\nrepresentative of the rental vehicle company shall, in response to the\\ninquiry, advise that additional optional products that may be offered by\\nthe rental vehicle company are not included in the daily rental rate.\\nIf an inquiry is made regarding optional vehicle protection, the\\nrepresentative shall provide the cost of the optional vehicle protection\\nand state that the purchase of such protection is optional and that the\\nrenter's personal automobile insurance or credit card may provide\\ncoverage.\\n (f) Any rental vehicle company that offers optional vehicle protection\\nto a renter shall disclose to the renter the following information on\\nposted signs or pamphlets prominently and conspicuously displayed where\\nthey may be easily seen or reached by customers:\\n \"NOTICES\\n THE FOLLOWING IS A GENERAL SUMMARY OF RENTER'S RIGHTS AND OBLIGATIONS.\\nFOR COMPLETE DETAILS, REFER TO THE RENTAL AGREEMENT.\\n OPTIONAL VEHICLE PROTECTION (OVP): This contract offers, for an\\nadditional charge, OVP to cover your financial responsibility for damage\\nor loss to the rental vehicle. OVP is also commonly referred to as a\\n\"collision damage waiver\". The purchase of OVP is optional and may be\\ndeclined. Before deciding whether to purchase OVP, you may wish to\\ndetermine whether your credit card, or the vehicle insurance maintained\\nby yourself or someone in your household, affords you any coverage for\\ndamage to the rental vehicle, and the amount of deductible under any\\nsuch coverage.\\n OVP - WHEN VOID: OVP is void and shall not apply to the following\\nsituations:\\n 1. If the damage or loss is caused as a result of the driver's\\nintentional acts; willful, wanton, or reckless conduct of the driver; or\\noperation of the vehicle while intoxicated or unlawfully impaired by the\\nuse of alcohol or drugs;\\n 2. The rental vehicle company entered into the rental transaction\\nbased on fraudulent or materially false information supplied by the\\nrenter or authorized driver;\\n 3. The damage or loss arises out of the use of the rental vehicle:\\n (a) while engaged in the commission of a crime, other than a traffic\\ninfraction;\\n (b) to carry persons or property for hire, to push or tow anything,\\nwhile engaged in a speed contest, operating off road, or for driver's\\ntraining;\\n (c) by a person other than: (1) an authorized driver; (2) the renter's\\nchild over the age of eighteen or a parent or parent-in-law of the\\nrenter, provided such child, parent or parent-in-law is properly\\nlicensed to operate a motor vehicle and resides in the same household as\\nthe renter; or (3) a parking valet or parking garage attendant for\\ncompensation and in the normal course of employment;\\n (d) outside of the continental United States when not specifically\\nauthorized by the rental agreement;\\n (e) where the renter or authorized driver, if different, or the\\nrenter's child over the age of eighteen or a parent or parent-in-law of\\nthe renter, if applicable, failed to comply with the requirements for\\nreporting damage or loss as set forth in law.\\n OVP - DAMAGE REPORTING REQUIREMENTS: If the rental vehicle sustains\\ndamage or loss, the renter and other authorized driver, as applicable,\\nare required to complete and return an incident report notice to the\\nrental vehicle company. An authorized driver other than the renter is\\nonly required to complete and return an incident report notice to the\\nrental vehicle company if such authorized driver was operating the\\nvehicle when the incident occurred.\\n OVP - RIGHT TO INSPECT VEHICLE DAMAGES: The renter and his/her insurer\\nhave the right to request an inspection of the vehicle damages within\\nseventy-two hours of the return of the vehicle. Failure of the renter or\\nhis/her insurer to request an inspection within seventy-two hours of\\nreturn shall be deemed a waiver of such person or entity's right to\\ninspect the damaged vehicle.\\n THEFT OF THE RENTAL VEHICLE: If the rental vehicle is stolen during\\nthe term of a rental agreement, an authorized driver must report the\\ntheft of the rental vehicle to the rental vehicle company and a law\\nenforcement agency within twelve hours of learning of such theft.\"\\n (g) The following disclosure notice shall be made on the face of the\\nrental agreement either by stamp, label or as part of the written\\ncontract or on any other written document provided to the renter upon\\nexecution of such contract, and shall be set apart in boldface type and\\nin no smaller print than ten point type until six months after the\\neffective date of the chapter of the laws of two thousand eighteen that\\namended this section, when upon such date such notice shall be in no\\nsmaller print than twelve point type:\\n \"NOTICE: This contract offers, for an additional charge, optional\\nvehicle protection to cover your financial responsibility for damage or\\nloss to the rental vehicle. The purchase of optional vehicle protection\\nis optional and may be declined. You are advised to carefully consider\\nwhether to purchase this protection if you have rental vehicle collision\\ncoverage provided by your credit card or automobile insurance policy.\\nBefore deciding whether to purchase optional vehicle protection, you may\\nwish to determine whether your credit card or your vehicle insurance\\naffords you coverage for damage to the rental vehicle and the amount of\\ndeductible under such coverage.\"\\n (h) The contract shall also include in boldface type and in no smaller\\nprint than ten point type until six months after the effective date of\\nthe chapter of the laws of two thousand eighteen that amended this\\nsection, when upon such date such notice shall be in no smaller print\\nthan twelve point type and, in plain language, the conditions and\\nexclusions set forth in paragraph (c) of subdivision two of this\\nsection. Upon identification by the rental vehicle company of damage to\\nthe rental vehicle, such rental vehicle company shall inform the renter\\nof his or her right to inspect the vehicle, and the procedures and time\\nframes for doing so, pursuant to paragraphs (b) and (c) of subdivision\\nfive of this section.\\n 5. (a) Upon identification of damage by the rental vehicle company at\\nthe return of the vehicle, termination of the rental contract, or within\\nten days if a survey for damage is precluded because the vehicle is\\nreturned by automation, returned after-hours, or recovered by the rental\\nvehicle company, the rental vehicle company shall furnish an incident\\nreport form and a notice, pursuant to this paragraph, of the obligation\\nof the renter and other authorized driver, if applicable, to execute and\\nreturn to the rental vehicle company a complete and accurate incident\\nreport describing any physical and/or mechanical damage. An authorized\\ndriver other than the renter shall be required to execute and return\\nsuch incident report form only if such authorized driver was operating\\nthe vehicle when the incident occurred. If the vehicle is returned by\\nautomation, returned after-hours, or recovered by the rental vehicle\\ncompany, such incident report form and notice shall be mailed by\\novernight delivery service or certified mail, return receipt requested,\\nand another copy of such notification shall be sent by regular mail. The\\nrental vehicle company shall retain for six years a copy of such notice\\nand the certified mail return receipt.\\n (b) Within seventy-two hours of receipt of the incident report form\\nand notice, either the renter or his or her insurer must notify or send\\nnotice to the rental vehicle company that either he, she, or the insurer\\nwishes to inspect the damaged vehicle. If the renter or his or her\\ninsurer does not notify or send a request for this inspection within the\\nseventy-two hour period, he, she, or the insurer will be deemed to have\\nwaived this right.\\n (c) If the renter or other authorized driver declines or fails to\\ncomplete and return the incident report required pursuant to paragraph\\n(a) of this subdivision, the rental vehicle company shall, no sooner\\nthan ten days after the mailing of notification pursuant to such\\nparagraph (a), mail another copy of the incident report together with a\\nletter stating that the renter or other authorized driver has declined\\nor otherwise failed to complete and return the incident report. Such\\nmailing shall be by overnight delivery service or certified mail, return\\nreceipt requested, and another copy of such notification by regular\\nmail, with proof of mailing by production of a certificate of mailing\\nfrom the post office. When a request to inspect the vehicle has been\\ntimely made by the renter or his or her insurer, the inspection must be\\ncompleted within seven days of such request. If the rental vehicle\\ncompany determines the damaged vehicle to be a total loss and subject to\\nsalvage, such seventy-two hour period for notification or waiver of the\\nwish to inspect the damaged vehicle shall not apply, and the renter or\\nhis or her insurer shall have ten business days from the renter's\\nreceipt of notification from the rental vehicle company pursuant to\\nparagraph (a) of this subdivision to inspect the damaged vehicle, unless\\nthe rental vehicle company agrees to provide access to such damaged\\nvehicle beyond the ten business days provided herein. Within the limits\\nprovided in this paragraph, the rental vehicle company shall identify\\nthe repairer of, and provide access to, the damaged vehicle, in order to\\nverify the nature and extent of damages, repairs and repair costs,\\nand/or repair estimates.\\n (d) All notices shall be mailed to the address of the renter and other\\nauthorized driver, if applicable, as stated on his or her license, or\\nother address as designated by him or her on the rental agreement.\\n (e) The renter and other authorized driver, if applicable, shall\\ncomplete and return the incident report within ten days of the receipt\\nof the notice.\\n (f) The notice required by this subdivision shall be in at least\\ntwelve point bold face type and shall contain the statement: \"Failure to\\ncompletely and accurately fill out and return an incident report within\\nten days of receipt of this notice may make the renter or other\\nauthorized driver liable for damages sustained to the rental vehicle.\\nExcept where the damaged vehicle is determined to be a total loss and\\nsubject to salvage, the renter or his or her insurer has seventy-two\\nhours from the return or recovery of the vehicle to notify the rental\\nvehicle company that he or she wishes to inspect the damaged vehicle.\\nThe inspection must be completed within seven business days of the\\nrequest to inspect the vehicle. If the rental vehicle company does not\\nreceive notification from the renter or his or her insurer requesting\\nsuch inspection within the seventy-two hour period, the renter and his\\nor her insurer will be deemed to have waived this right. If the rental\\nvehicle company determines the damaged vehicle to be a total loss and\\nsubject to salvage, such seventy-two hour period for notification or\\nwaiver of the wish to inspect the damaged vehicle shall not apply, and\\nsuch right to inspect the damaged vehicle shall expire ten business days\\nfrom the renter's receipt of this notice from the rental vehicle\\ncompany. Upon request of the renter or his or her insurer, we will\\nprovide a copy of the professional estimate of the costs of repairing\\nthe damaged motor vehicle.\" Information that is provided in response to\\na request by a rental vehicle company, but that is not provided on an\\nincident report form, shall satisfy any reporting obligation of a renter\\nor authorized driver if such response substantially complies with the\\napplicable requirements of this section. If additional information is\\nreasonably required by the rental vehicle company in order to adjust any\\nclaim of loss, same shall be requested of the renter or authorized\\ndriver as soon as reasonably practicable, who shall respond to same as\\nsoon as reasonably practicable.\\n (g) (i) For purposes of this subdivision, each of the following shall\\nconstitute an \"incident report form\": (A) a motor vehicle accident\\nreport pursuant to section six hundred five of the vehicle and traffic\\nlaw; or (B) any similar appropriate form furnished by the rental vehicle\\ncompany.\\n (ii) An incident report form described in clause (B) of subparagraph\\n(i) of this paragraph:\\n (A) may be sent or given to a renter and/or authorized driver, as\\napplicable, with a request that the renter and/or authorized driver\\nprovide information pursuant to this section concerning damage to a\\nvehicle rented to the renter or operated by an authorized driver, as the\\ncase may be; and\\n (B) such a form may also be made available as a fill-in form on the\\nrental vehicle company's website, and the renter or authorized driver,\\nas the case may be, shall be advised of the availability of such\\nweb-based fill-in form when a request for incident information is made\\nunder this subdivision.\\n (h) Provided, however, if the renter or other authorized driver is\\nphysically incapable of completing the report, the requirements of this\\nsubdivision shall lapse until after he or she is able to complete the\\nreport and is notified that he or she must complete and return the\\nreport as required by paragraph (b) of this subdivision.\\n (i) Provided, further, the rental vehicle company must, at least\\ntwenty days prior to commencing an action against the renter or other\\nauthorized driver, if applicable, provide the renter or other authorized\\ndriver, if applicable, an additional opportunity to complete and submit\\nthe incident report by providing a second notice, along with another\\nincident report form, by certified mail, return receipt requested, and\\nanother copy of such notice and report form by regular mail, with proof\\nof mailing by production of a certificate of mailing. If the renter or\\nother authorized driver, as applicable, sends the rental vehicle company\\na completed incident report within fifteen days of the receipt of the\\nnotice, the provisions of this subdivision shall be deemed satisfied.\\n 6. (a) A rental vehicle company may hold an authorized driver liable\\nto the extent permitted under this chapter for physical or mechanical\\ndamage to the rental vehicle that occurs during the time the rental\\nvehicle is under the rental agreement; provided, however, that an\\nauthorized driver shall not be liable for any normal wear and tear or\\nmechanical damage that could reasonably be expected from normal use of\\nthe vehicle. For the purposes of this subdivision, the term \"normal wear\\nand tear\" shall mean the deterioration of the condition of the vehicle\\nor its component parts due to repetitive use and does not include damage\\nthat materially diminishes the value of the vehicle and arises from a\\nspecific occurrence or accident during the time the rental vehicle is\\nsubject to the rental agreement; and the term \"actual and reasonable\\ncosts\" shall mean the cost to repair the vehicle including all discounts\\nand price adjustments available to the rental vehicle company and shall\\ninclude costs for towing, storage, and impound fees where applicable.\\n (b) The total liability of an authorized driver under paragraph (a) of\\nthis subdivision for damage to a motor vehicle shall not exceed the\\nlesser of:\\n (i) the actual and reasonable costs that the rental vehicle company\\nincurred to repair the motor vehicle or that the rental vehicle company\\nwould have incurred if the motor vehicle had been repaired, which shall\\nreflect any discounts, price reductions, or adjustments available to the\\nrental vehicle company; or\\n (ii) the fair market value of the motor vehicle immediately before the\\ndamage occurred, as determined in the applicable market for the retail\\nsale of the motor vehicle, less any net disposal proceeds.\\n (c) The total liability of an authorized driver under paragraph (a) of\\nthis subdivision for loss of a motor vehicle shall not exceed reasonable\\ncosts incurred by the rental vehicle company for the loss due to theft\\nof the rental vehicle up to its fair market value, as determined by the\\napplicable market for the retail sale of that vehicle if it is\\nestablished that an authorized driver failed to exercise reasonable care\\nor that an authorized driver committed, or aided or abetted in the\\ncommission of, the theft of the rental motor vehicle.\\n (d) Damages incurred by rental vehicle companies for the loss of use\\nof a rental vehicle and related administrative fees shall not be\\nrecovered from any authorized driver or his or her insurer.\\n (e) A rental vehicle company shall not hold an authorized driver\\nliable for any amounts that the rental vehicle company recovers from any\\nother party.\\n (f) A rental vehicle company shall not collect or attempt to collect\\nthe amount described in paragraph (b) of this subdivision unless the\\nrental vehicle company:\\n (i) obtains an estimate from a repair company or an appraiser in the\\nbusiness of providing such appraisals on the cost of repairing the motor\\nvehicle;\\n (ii) provides a copy of the estimate and photographic evidence upon\\nrequest to the renter or authorized driver, as applicable who may be\\nliable under paragraph (a) of this subdivision, and the insurer of such\\nrenter or authorized driver, as applicable; and\\n (iii) submits a copy of the estimate with any claim to collect the\\namount described in paragraph (b) of this subdivision.\\n (g) A claim against an authorized driver resulting from damage or loss\\nto a rental vehicle shall be reasonable and reflect the value of the\\nactual loss incurred. A rental vehicle company shall mitigate damages\\nwhere possible and shall not assert or collect any claim for physical\\ndamage which exceeds the amount authorized under paragraph (b) of this\\nsubdivision.\\n (h) If insurance coverage exists under an authorized driver's\\napplicable insurance policy, such authorized driver may require that the\\nrental vehicle company submit any claims to such authorized driver's\\ninsurance carrier. Upon the request of an authorized driver, the rental\\nvehicle company shall submit any claims to such authorized driver's\\ninsurance carrier and shall not make any written or oral representations\\nto the contrary, nor shall it make any written or oral representations\\nthat it will not negotiate with such authorized driver's insurance\\ncarrier.\\n 7. (a) No rental vehicle company shall collect or charge any security,\\ndeposit, or payment for damage in any form, by credit card, debit card\\nor otherwise, or report the debt to any consumer reporting agency, as\\ndefined in subdivision (e) of section three hundred eighty-a of this\\nchapter, during the term of the rental agreement, pending resolution of\\nany dispute, or prior to obtaining judgment in a court of competent\\njurisdiction.\\n (b) No rental vehicle company shall require a deposit or an advance\\ncharge against the credit card or debit card of an authorized driver, in\\nany form, for damages to a rental vehicle which is in the authorized\\ndriver's possession or control.\\n (c) No rental vehicle company shall collect or charge any payment from\\nan authorized driver for damage to the rental vehicle upon return or\\nrecovery of the vehicle in a damaged condition, until after the cost of\\nthe damage to the vehicle and liability therefor is agreed to between\\nthe rental vehicle company and an authorized driver or his or her\\ninsurer, or is determined pursuant to law or rental agreement provisions\\nconsistent with law and the rights and obligations set forth in this\\nsection; provided, however, that a rental vehicle company is not\\nprecluded from presenting a claim to an authorized driver and his or her\\ninsurer pursuant to other provisions of this section.\\n (d) Causes of action concerning the existence of, liability for, and\\nextent and cost of damage to the vehicle shall, where appropriate, be\\ncommenced by a rental vehicle company in a court of competent\\njurisdiction, in accordance with the limitations and jurisdiction of the\\nappropriate court act provided the claimant has first mailed a demand\\nletter. A demand letter sent by the rental vehicle company pursuant to\\nthis paragraph shall contain: (i) the name and post office address of\\nthe rental vehicle company, and of its attorney, if any; (ii) the nature\\nof the claim; (iii) the time when, the place where and the manner in\\nwhich the claim arose, if known, or if not known, the time when and\\nplace where the damage was discovered by the rental vehicle company; and\\n(iv) the items of damage or injuries claimed to have been sustained,\\naccompanied by supporting documentation, such as repair bills, invoices\\nand estimates in the possession of or available to the rental vehicle\\ncompany. Such demand letter shall be served upon the renter and the\\nrenter's insurer in a manner reasonably designed to give actual notice,\\nvia regular and certified mail, return receipt requested. Nothing\\ncontained herein shall prohibit a rental vehicle company and an\\nauthorized driver or his or her insurer from entering into an agreement\\nafter a claim of loss to submit the matter to arbitration or mediation.\\n 8. No rental vehicle company shall advertise or quote a rental rate\\nthat does not include all charges, except taxes or optional items and/or\\nservices or any mileage charge, which the renter must pay to obtain a\\nrental vehicle. Provided, however, a rental vehicle company shall be\\npermitted to separately quote and charge airport fees as defined herein,\\nwhich shall be in addition to the rental rate; and provided further that\\nadvertised rental rates that include locations at which airport fees\\napply shall clearly indicate that additional fees apply.\\n 8-a. It shall be unlawful for any rental vehicle company to engage in\\nany of the following practices solely on the basis of the geographical\\nlocation of the residence of a New York state resident attempting to\\nenter into a rental agreement:\\n (a) refusing to rent a vehicle;\\n (b) imposing any additional charge for the rental of a motor vehicle;\\nor\\n (c) imposing any additional terms, conditions or privileges upon the\\nrental of a vehicle.\\n 9. No rental vehicle company shall hold any authorized driver liable\\nfor any damage to, or loss of, a rental vehicle, as provided by this\\nsection, unless the rental vehicle company prominently discloses, on the\\nrental agreement, in at least ten point bold face display, the nature\\nand extent of such liability and such driver's rights and\\nresponsibilities pursuant to paragraph (c) of subdivision two of this\\nsection and paragraph (g) of subdivision four of this section.\\n 10. (a) A rental vehicle company shall not charge in addition to the\\nrental rate, taxes, and mileage charge, if any, any fee which must be\\npaid as a condition of renting the vehicle, such as, but not limited to,\\nrequired fuel surcharges, each of which shall be separately stated on\\nthe rental agreement. In addition, a rental vehicle company may also\\nstate separately and charge, where applicable, airport fees as such term\\nis defined herein.\\n (b) In addition to the rental rate, taxes, applicable airport fees,\\nand mileage charge, if any, a rental vehicle company may charge for an\\nitem or service provided in connection with a particular rental\\ntransaction if the renter could have avoided incurring the charge by not\\nchoosing to obtain or utilize the optional item or service, such as, but\\nnot limited to, optional accessories or services requested by the\\nrenter, service charges incident to the renter's optional return of the\\nvehicle to a location other than the location where the vehicle was\\nrented, and charges for refueling the vehicle with as much fuel as was\\nin the fuel tank at the beginning of the rental.\\n (c) A rental vehicle company shall make available detachable or\\nremovable seats which meet the requirements of subdivision one of\\nsection twelve hundred twenty-nine-c of the vehicle and traffic law.\\n (d) Fees for additional authorized drivers shall not exceed five\\ndollars per additional driver per rental day.\\n (e) A rental vehicle company shall furnish with each rental vehicle\\npursuant to an agreement either an owner's manual or a diagram which\\nshall indicate the location and plain language description of the\\nfunctions necessary for the safe and efficient operation of the vehicle\\nwhich shall at a minimum include:\\n (i) Headlights;\\n (ii) Brakes and emergency brake;\\n (iii) Turn signal indicators;\\n (iv) Hazard lights;\\n (v) Windshield wipers and washers;\\n (vi) Horn;\\n (vii) Cruise control;\\n (viii) Heat control system including defrost systems;\\n (ix) Car locking systems; and\\n (x) Spare tire and car jack, tire wrench, and jacking locations, if\\nand to the extent that such items were either included with the initial\\nsale of the vehicle when new, or such items were generally included in\\nnew vehicles of such year, make, model and style when initially sold at\\nretail. In the event the rental vehicle company elects to include the\\nowner's manual pursuant to this section, if the owner's manual is not\\nreturned with the vehicle, the renter shall be liable to the rental\\nvehicle company for the actual replacement cost of the owner's manual\\nplus an administrative fee.\\n 11. Any clause or provision of a rental agreement inconsistent with\\nthe provisions of this section shall be deemed void as against public\\npolicy.\\n 12. Any rental vehicle company found by a court of competent\\njurisdiction to have violated a provision of this section shall be\\nsubject to a penalty of not less than five hundred dollars nor more than\\none thousand dollars for each violation.\\n 13. (a) Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court of competent jurisdiction by\\na special proceeding for the imposition of a fine or the issuance of an\\ninjunction against any violation of this section, upon notice to the\\nrental vehicle company of not less than five days, to enjoin and\\nrestrain the continuance of such violations.\\n (b) If the court finds that the defendant has, in fact, violated this\\nsection, an injunction may be issued by such court, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby.\\n (c) In any proceeding pursuant to this subdivision, the court may\\ndirect restitution and make allowances to the attorney general as\\nprovided in section sixty-three of the executive law.\\n (d) In support of any application pursuant to this subdivision, the\\nattorney general is authorized to take proof, determine relevant facts\\nand issue subpoenae in accordance with the civil practice law and rules.\\n 13-a. A rental vehicle company shall not use information from any\\nglobal positioning system technology to determine or impose any costs,\\nfees, charges, or penalties on an authorized driver for such driver's\\nuse of a rental vehicle. The use of global positioning technology shall\\nnot limit the right of a rental vehicle company to impose costs, fees,\\ncharges, or penalties to recover a vehicle that is lost, misplaced, or\\nstolen. The provisions of this subdivision shall not be construed to\\nmodify or supersede any other provision of law.\\n 14. An authorized driver shall provide notice to the rental vehicle\\ncompany and law enforcement agency within twelve hours of learning of\\nthe theft of the rental vehicle.\\n 15. In accordance with any applicable federal law or rule, every\\nrental vehicle company shall display the following in a conspicuous\\nlocation, with lettering that is legible and that shall be at least\\nthree-quarters of an inch boldface type:\\n \"NOTICE: New York State Law prohibits the following practices by\\nrental vehicle companies based upon race, color, ethnic origin,\\nreligion, disability, sex, marital status, or age: (1) refusal to rent;\\n(2) the imposition of any additional charge (except in certain instances\\nwhere the renter is under the age of 25). In addition, it is unlawful\\nfor any rental vehicle company to refuse to rent a vehicle to any person\\nsolely on the requirement of ownership of a credit card.\"\\n 16. (a) Notwithstanding any other provision of this section, any\\nnotice or disclosure of general applicability required to be provided,\\ndelivered, posted, or otherwise made available by a rental vehicle\\ncompany pursuant to this section shall also be deemed timely and\\neffectively made where such notice or disclosure is (i) provided or\\ndelivered electronically to the renter at or before the time required\\nprovided that such renter has given his or her expressed consent to\\nreceive such notice or disclosure in such a manner, or (ii) included in\\na member or master agreement in effect at the time of rental.\\n (b) For the purposes of this subdivision, \"member or master agreement\"\\nshall mean an agreement between a rental vehicle company and a renter,\\nor an agreement between a rental vehicle company and another company,\\nwhich by its express terms: (i) permits such renter or specified\\nemployees of such other company to bypass a retail service location and\\nobtain a product or service directly; (ii) does not require the renter\\nto execute a rental agreement at the time of rental; or (iii) does not\\nrequire the rental vehicle company to provide the renter with the rental\\nterms and conditions at the time of rental due to the prior execution of\\nthe agreement. Electronic or written acceptance shall hereby be deemed a\\nvalid form of acceptance of any such notice or disclosure, and\\nacceptance shall remain effective until such time as acceptance is\\naffirmatively withdrawn by the renter. Notices and disclosures made\\nelectronically pursuant to this subdivision shall be exempt from any\\nplacement or stylistic display requirements, including but not limited\\nto location, font size, typeset, or other specifically stated\\ndescription; provided such disclosure is made in a clear and conspicuous\\nmanner.\\n * NB Effective until June 30, 2023\\n * § 396-z. Rental vehicle protections. 1. For the purposes of this\\nsection: (a) \"Authorized driver\" shall mean: (i) the person to whom the\\nvehicle is rented if a licensed driver; (ii) such person's spouse if\\nlicensed and at least eighteen years of age; (iii) any person who\\noperates the vehicle during an emergency situation to a medical\\nfacility; or (iv) any licensed driver expressly listed on the rental\\nagreement as an authorized driver.\\n (b) \"Rental agreement\" means any written agreement setting forth terms\\nand conditions governing the authorized driver's use of a rental\\nvehicle, as defined in section one hundred thirty-seven-a of the vehicle\\nand traffic law, for a period not to exceed thirty continuous days.\\n (c) \"Rental vehicle company\" means any person or organization, or any\\nsubsidiary or affiliate, including a franchisee, in the business of\\nproviding rental vehicles to the public from locations in this state.\\n 2. No rental vehicle company renting private passenger motor vehicles\\nshall, in rental agreements of not exceeding thirty continuous days,\\nhold an authorized driver liable for actual damage to, or loss of, such\\nrental vehicle (including loss of use), except where: (a) the damage or\\nloss is caused intentionally by an authorized driver or is caused by\\nsuch authorized driver's willful and wanton misconduct; (b) the damage\\nor loss arises out of an authorized driver's operation of the motor\\nvehicle while intoxicated by alcohol or impaired by the use of drugs\\nwithin the meaning of section eleven hundred ninety-two of the vehicle\\nand traffic law; (c) the damage or loss arises out of an authorized\\ndriver's participation in any organized speed racing competition; (d)\\nthe damage or loss arises out of the use of the vehicle when carrying\\npersons or property for hire; (e) the damage or loss arises out of the\\nuse of the vehicle while an authorized driver is committing a felony or\\notherwise engaged in a criminal act in which the damage or loss of such\\nvehicle is caused by such criminal activity; or (f) the authorized\\ndriver fails to furnish the rental vehicle company a report of an\\naccident and the rental vehicle company complies with the following\\nprocedure:\\n (i) At return of the vehicle, at the termination of the rental\\ncontract or within ten days if returned by automation or after-hours,\\nthe rental vehicle company shall furnish an accident report and a\\nnotice, pursuant to this paragraph, of the authorized driver's\\nobligation to complete the accident report.\\n (ii) If the authorized driver declines or fails to complete the\\naccident report, the rental vehicle company shall mail within ten days a\\nnotice, by certified mail, return receipt requested and by regular mail,\\nwith proof of mailing by production of a certificate of mailing from the\\npost office, along with another accident report, together with a letter\\nstating that the authorized driver declined or otherwise failed to\\ncomplete the accident report and will be held liable for damages to the\\nrental vehicle for failing to complete the accident report.\\n (iii) All notices shall be mailed to the authorized driver's address\\nas stated on his license, or other address as designated by him.\\n (iv) The authorized driver shall complete the accident report within\\nfifteen days of receipt of the notice.\\n (v) The notice as required by this paragraph shall be in at least\\ntwelve point bold face type and shall contain the statement \"Failure to\\nfill out an accident report within fifteen days will make the authorized\\ndriver liable for damages sustained to the rental vehicle\".\\n (vi) For purposes of this paragraph, an accident report shall be\\ndefined as a motor vehicle accident report pursuant to section six\\nhundred five of the vehicle and traffic law or any similar appropriate\\nform furnished by the rental vehicle company.\\n (vii) Provided, however, if the authorized driver is physically\\nincapable of completing the report, the penalties hereunder shall lapse\\nuntil after he is able to complete the report and is notified that he\\nmust complete the report as set forth in subparagraph (ii) of this\\nparagraph, and fails to do so.\\n (viii) Provided, further, thirty days prior to commencing an action\\nagainst the authorized driver, the rental vehicle company must provide\\nthe authorized driver an additional opportunity to provide the accident\\nreport by providing a further notice along with another accident report,\\nby certified mail, return receipt requested and by regular mail, with\\nproof of mailing by production of a certificate of mailing; and the\\nrental vehicle company cannot hold an authorized driver liable under\\nthis paragraph, if the authorized driver provides the rental vehicle\\ncompany with a completed accident report within fifteen days of the\\nreceipt of the notice.\\n 3. Notwithstanding subdivision three and subject to subdivision six of\\nthis section, a rental vehicle company may hold an authorized driver\\nliable for actual damage to, or loss of, a rental vehicle caused by such\\nauthorized driver, up to a maximum of one hundred dollars, provided\\nthat: (a) any claim for such damage shall be based on a physical survey\\nand shall be made upon the return of the rental vehicle, unless returned\\nby automation or after-hours which precludes such survey in which event\\nany claim must be made within ten days after return; and (b) any charge\\nfor repair of such damage shall be limited to actual costs and shall be\\nassessed and billed separately and apart from the rental agreement. For\\npurposes of this subdivision, \"returned by automation\" means a return\\nacknowledged by machine receipt and where there is no interaction with\\nrental vehicle company personnel and \"after-hours\" return means a return\\nafter normal business hours and in which the keys and rental agreement\\nare deposited in the rental vehicle company office.\\n 4. No rental vehicle company shall directly or indirectly agree, for a\\ncharge, to waive any claims against an authorized driver for any damage\\nto, or loss of, the rental vehicle (including loss of use) during the\\nterm of a rental agreement not exceeding thirty continuous days.\\n 5. (a) In the event of damage to a rental vehicle for which an\\nauthorized driver is responsible under subdivision three of this section\\nand is not covered by an automobile insurance policy, the rental vehicle\\ncompany shall charge no more than the actual cost paid by the rental\\nvehicle company in repairing such vehicle; provided, however, if such\\ndamaged vehicle cannot be repaired because parts necessary to effect the\\nrepair are not available within a reasonable period of time, the rental\\nvehicle company may charge no more than the amount in the standard motor\\ncrash guide, or similar insurance industry crash guides.\\n (b) For purposes of this section, \"actual cost\":\\n (i) shall mean the repair price, reduced by all discounts, paid by the\\nrental vehicle company to the repairer of the vehicle; and\\n (ii) may include a reasonable factor for loss of use, based upon rates\\napplicable to the vehicle in effect at the time the rental agreement was\\nexecuted on the basis obtained by the authorized driver, to reflect lost\\nrental revenues, less expenses and depreciation, due to loss of use of\\nthe damaged vehicle that is not a total loss, in proportion to\\nutilization rate experience documented by the rental vehicle company for\\nsuch type of vehicle.\\n (c) Upon written request from the authorized driver or such authorized\\ndriver's representative, including an insurer, the rental vehicle\\ncompany and its representatives shall identify the repairer of, and\\nprovide access to, the damaged vehicle, in order to verify the nature\\nand extent of damages, repairs and repair costs, except the right to\\naccess provided herein shall expire after ten business days following\\nthe authorized driver's receipt of notification from the rental vehicle\\ncompany.\\n 6. No rental vehicle company may require any security, deposit, or\\ncharge for damage in any form, by credit card or otherwise, during the\\nterm of the rental agreement or pending resolution of any dispute.\\n 7. No rental vehicle company shall advertise, quote or charge a rental\\nrate that does not include all charges, except taxes and any mileage\\ncharge, which an authorized driver must pay to obtain a rental vehicle.\\n 8. No rental vehicle company shall hold any authorized driver liable\\nfor any damage to, or loss of, a rental vehicle (including loss of use),\\nas provided by this section, unless the rental vehicle company\\nprominently discloses, on the rental agreement, in at least ten point\\nbold face display, the nature and extent of such liability and such\\ndriver's rights and responsibilities under this section.\\n 9. (a) A rental vehicle company shall not charge in addition to the\\nrental rate, taxes and mileage charge, if any, any fee which must be\\npaid as a condition of renting the vehicle, such as, but not limited to,\\nrequired fuel or airport surcharges, nor any fee for transportation to\\nthe location where the rental vehicle will be delivered.\\n (b) In addition to the rental rate, taxes and mileage charge, if any,\\na rental vehicle company may charge for an item or service provided in\\nconnection with a particular rental transaction if the renter could have\\navoided incurring the charge by not choosing to obtain or utilize the\\noptional item or service, such as, but not limited to, optional\\naccessories or services requested by the renter, service charges\\nincident to the renter's optional return of the vehicle to a location\\nother than the location where the vehicle was rented, and charges for\\nrefueling the vehicle with as much fuel as was in the fuel tank at the\\nbeginning of the rental.\\n (c) A rental vehicle company shall make available detachable or\\nremovable seats which meet the requirements of subdivision one of\\nsection twelve hundred twenty-nine-c of the vehicle and traffic law.\\n (d) Fees for additional authorized drivers shall not exceed two\\ndollars and fifty cents per person for the first rental day and one\\ndollar per day thereafter; provided, however, in no event shall the\\ntotal charge exceed five dollars per additional driver.\\n 10. Any rental agreement or other contract inconsistent with the\\nprovisions of this section shall be deemed void as against public\\npolicy.\\n 11. Any rental vehicle company found by a court of competent\\njurisdiction to have violated a provision of this section shall be\\nsubject to a penalty of not less than five hundred dollars nor more than\\none thousand dollars for each violation.\\n 12. (a) Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court of competent jurisdiction by\\na special proceeding for the imposition of a fine or the issuance of an\\ninjunction against any violation of this section, upon notice to the\\nrental vehicle company of not less than five days, to enjoin and\\nrestrain the continuance of such violations.\\n (b) If the court finds that the defendant has, in fact, violated this\\nsection, an injunction may be issued by such court, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby.\\n (c) In any proceeding pursuant to this subdivision, the court may\\ndirect restitution and make allowances to the attorney general as\\nprovided in section sixty-three of the executive law.\\n (d) In support of any application pursuant to this subdivision, the\\nattorney general is authorized to take proof, determine relevant facts\\nand issue subpoenae in accordance with the civil practice law and rules.\\n 13. An authorized driver shall provide notice to the rental vehicle\\ncompany or law enforcement agency within forty-eight hours of learning\\nof the theft of the rental vehicle.\\n 13-a. A rental vehicle company shall not use information from any\\nglobal positioning system technology to determine or impose any costs,\\nfees, charges, or penalties on an authorized driver for such driver's\\nuse of a rental vehicle. The use of global positioning technology shall\\nnot limit the right of a rental vehicle company to impose costs, fees,\\ncharges, or penalties to recover a vehicle that is lost, misplaced, or\\nstolen. The provisions of this subdivision shall not be construed to\\nmodify or supersede any other provision of law.\\n 14. An authorized driver shall provide notice to the rental vehicle\\ncompany or law enforcement agency within twelve hours of learning of the\\ntheft of the rental vehicle.\\n 15. In accordance with any applicable federal law or rule, every\\nrental vehicle company shall display the following in a conspicuous\\nlocation, with lettering that is legible and that shall be at least\\nthree-quarters of an inch boldface type:\\n NOTICE: New York State Law prohibits the following practices by rental\\nvehicle companies based upon race, color, ethnic origin, religion,\\ndisability, sex, marital status, or age: (1) refusal to rent; (2) the\\nimposition of any additional charge (except in certain instances where\\nthe renter is under the age of 25). In addition, it is unlawful for any\\nrental vehicle company to refuse to rent a vehicle to any person solely\\non the requirement of ownership of a credit card.\\n * NB Effective June 30, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "397", "title" : "Unlawful use of name or other identification of certain non-profit organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "397", "activeDate" : "2014-09-22", "sequenceNo" : 734, "repealedDate" : null, "fromSection" : "397", "toSection" : "397", "text" : " § 397. Unlawful use of name or other identification of certain\\nnon-profit organizations. 1. No person, firm, association or\\ncorporation shall use, for advertising purposes or for purposes of\\ntrade, the name, symbol, device or other identification of any\\nnon-profit corporation, association, society or organization organized\\nexclusively for religious, benevolent, humane, charitable, educational,\\nhospital, patriotic, fraternal or veterans purposes or to promote the\\nstudy or the advancement of the arts or sciences or to sustain,\\nencourage or promote the musical or performing arts or to inform or\\neducate the consumer by publishing and disseminating the results of\\ntests and evaluations of goods and services, without having first\\nobtained the written consent of such non-profit corporation,\\nassociation, society or organization. Any violation of this section\\nshall be a misdemeanor.\\n 2. Subdivision one of this act shall not apply to the use by any\\nperson, firm, association or corporation of any trade mark, trade name\\nor other trade identification which was adopted and regularly used by\\nsuch person, firm, association or corporation, prior to the enactment of\\nthis act if the use of such trade mark, trade name or other trade\\nidentification was and is otherwise lawful but for the provisions of\\nsubdivision one of this act. Nothing contained in this act shall be\\nconstrued so as to prohibit the use of any name, symbol, device or other\\nidentification when used solely for purposes of historical reference or\\ndescription of geographical location only and not as a trade mark or\\ntrade name or for purposes of trade identification.\\n 3. Whenever there shall be an actual or threatened violation of\\nsubdivision one of this section, the corporation, association, society\\nor organization affected thereby may maintain an equitable action in the\\nsupreme court of this state to prevent and restrain said actual or\\nthreatened violation; and may also sue and recover damages for any\\ninjuries sustained by reason of any such violation, and if the defendant\\nshall have knowingly violated subdivision one of this section, the jury,\\nin its discretion may award exemplary damages.\\n 4. Nothing contained in this act shall deprive any corporation,\\nassociation, society or organization entitled to invoke the remedies\\nprovided by this act of any rights or remedies existing at common law or\\nunder the penal law or any other law of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "397-A", "title" : "Distributing unsolicited advertising on private property prohibited; certain cities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "397-A", "activeDate" : "2014-09-22", "sequenceNo" : 735, "repealedDate" : null, "fromSection" : "397-A", "toSection" : "397-A", "text" : " § 397-a. Distributing unsolicited advertising on private property\\nprohibited; certain cities. 1. In any city with a population of one\\nmillion or more, no person shall place, or cause or permit to be placed\\non private property any unsolicited papers, fliers, pamphlets,\\nhandbills, circulars, or other materials advertising a business or\\nsoliciting business where the owner has posted, in a conspicuous\\nlocation, a sign stating that the placement of such materials shall be\\nprohibited. In a single family dwelling or a multiple family dwelling\\nthat is owner-occupied and is designed for and occupied exclusively by\\nno more than three families, any owner of such property shall have the\\nauthority to post such a sign. In all other multiple dwellings as\\ndefined in section four of the multiple dwelling law, the property owner\\nshall only post such a sign if the owner or lessee of each separate\\ndwelling unit within the building or on such property agrees to prohibit\\nsuch solicitations, and any sign posted without the consent of at least\\none unit owner or lessee of each such unit shall be invalid. In the\\nevent that there are one or more units in which the unit owner or lessee\\nconsents to the prohibition of such unsolicited advertising, the\\nproperty owner may instead post a sign designating a particular location\\nor an appropriate receptacle for the placement of such unsolicited\\nadvertising, and limiting the number of such materials that may be\\ndelivered to the property to an amount equal to the number of units in\\nwhich a unit owner or lessee has not consented to the prohibition. Any\\nsuch delivery location or receptacle shall be reasonably accessible to\\nsuch unit owners or lessees and to the distributors of such unsolicited\\nmaterials. When such a sign is posted, a person may only leave an amount\\nof unsolicited advertising materials that is equal to the number of unit\\nowners or lessees indicated on the sign, and such materials shall be\\nleft in the location designated on the sign. Nothing contained in this\\nsubdivision shall be deemed to prohibit or otherwise regulate the\\ndelivery of any such matter by the United States postal service, or\\nprohibit the distribution of sample copies of newspapers regularly sold\\nby the copy or by annual subscription or sale or coupon newspapers and\\nmagazines containing more than a deminimus amount of news that are\\npublished at least weekly.\\n 2. To be valid and enforceable, any sign prohibiting the delivery of\\nsuch unsolicited materials shall be at least five inches tall and seven\\ninches wide in size and shall state, in legible letters at least one\\ninch in size, as follows: \"Do Not Place Unsolicited Advertising\\nMaterials On This Property.\" In a multiple dwelling in which some unit\\nowners or lessees have consented to the prohibition of such unsolicited\\nmaterials, the property owner may post, in a conspicuous location, a\\nsign that is at least five inches tall and seven inches wide in size and\\nwritten in legible letters at least one inch in size, identifying the\\nnumber of unit owners or lessees who wish to receive unsolicited\\nmaterials and the location where such materials shall be placed.\\n 3. There shall be a rebuttable presumption that the person whose name,\\ntelephone number, or other identifying information appears on any\\nunsolicited advertising materials described in subdivision one of this\\nsection and placed at two or more premises shall be liable for any\\nviolations of this section.\\n 4. The provisions of this section may be enforced by an agency or\\nagencies, as designated by the mayor of such city. A civil penalty of\\nnot less than two hundred fifty dollars nor more than one thousand\\ndollars shall be imposed for each violation of this section, but in no\\nevent shall the total amount of such penalty exceed the sum of five\\nthousand dollars for the placement of materials on a single day. Each\\nunauthorized placement of materials at a single location where a sign is\\nposted as described in subdivision one of this section shall be\\nconsidered a separate violation of this section. Notwithstanding any\\nother provision of law, any notice of violation issued by an agency or\\nagencies, as designated by the mayor of such city, charging a violation\\nof this section shall be returnable to the environmental control board\\nof such city, which shall have the power to impose the civil penalties\\nherein provided; provided, however, that service of a notice of\\nviolation charging a violation of this section may be made by (a) a\\nmeans prescribed for service of process by article three of the civil\\npractice law and rules or article three of the business corporation law,\\nor (b) by certified mail, return receipt requested, to the respondent's\\nlast known residence or business address, provided that delivery of such\\nnotice shall be restricted to the respondent. Service by certified mail\\nshall be deemed complete upon mailing of the notice of violation unless\\nthe notice of violation is returned to the sender by the United States\\npostal service for any reasons other than refusal of delivery. All civil\\npenalties collected for any violations of subdivision one of this\\nsection that have been imposed by the environmental control board of\\nsuch city shall be paid into the general fund of such city.\\n 5. The agency or agencies of such city as designated by subdivision\\nfour of this section shall be authorized to promulgate rules\\nimplementing the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398", "title" : "Bills of lading to be issued by vessels transporting merchandise within the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398", "activeDate" : "2014-09-22", "sequenceNo" : 736, "repealedDate" : null, "fromSection" : "398", "toSection" : "398", "text" : " § 398. Bills of lading to be issued by vessels transporting\\nmerchandise within the state. It shall be the duty of the owner, master\\nor agent of any vessel transporting merchandise or property between\\nports of this state to issue to shippers of any lawful merchandise a\\nbill of lading, or shipping document, or to sign a bill of lading or\\nshipping document when presented by the shipper or his agent, stating,\\namong other things, the marks necessary for identification, number of\\npackages or quantity, stating whether it be carrier's or shipper's\\nweight, and apparent order or condition of such merchandise or property\\ndelivered to and received by the owner, master or agent of the vessel\\nfor transportation, and such document shall be prima facie evidence of\\nthe receipt of the merchandise therein described.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398-A", "title" : "Shipment of motor vehicles outside the continental United States", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398-A", "activeDate" : "2014-09-22", "sequenceNo" : 737, "repealedDate" : null, "fromSection" : "398-A", "toSection" : "398-A", "text" : " § 398-a. Shipment of motor vehicles outside the continental United\\nStates. 1. No person whose business involves the preparation of the\\nshipping order or dock receipt or bill of lading or other export papers\\nfor the transportation by water of a motor vehicle outside the\\ncontinental United States shall prepare such export papers unless he\\nreceives from the person sending such motor vehicle outside the\\ncontinental United States a photocopy or other facsimile of a transfer\\nof registration or other proof of ownership for such motor vehicle\\nindicating thereon the identification number of such vehicle. Upon\\nreceipt of such document, said person shall determine that the motor\\nvehicle to be transported outside the continental United States is the\\nsame vehicle described in such proof of ownership and shall certify such\\nfact upon the copy of the shipping order, dock receipt, bill of lading\\nor other export paper for such vehicle which he retains for his records.\\nThe person who prepares such export papers for the transportation of a\\nmotor vehicle outside the continental United States shall maintain on\\nfile for a period of three years the photocopy or other facsimile of\\nsuch transfer of registration or other proof of ownership together with\\nthe appropriate shipping order, dock receipt, bill of lading or other\\nexport paper. This section shall not apply to a motor vehicle which the\\nmanufacturer thereof or a duly authorized dealer has never sold to a\\npurchaser for the purpose of use rather than of resale.\\n 2. If a motor vehicle delivered for export does not correspond with\\nthe proof of ownership presented for such vehicle, such facts shall be\\nimmediately made known to the appropriate police department or other law\\nenforcement agency.\\n 3. The person who prepares such export papers for the transportation\\nof a motor vehicle outside the continental United States shall, at least\\nforty-eight hours prior to the time the motor vehicle is shipped,\\nfurnish to the police department in whose jurisdiction the point of\\nshipment lies and if there is no police department at that place to the\\nsuperintendent of state police at Albany, a description and\\nidentification of the motor vehicle listing its make, year manufactured,\\nmodel, color and vehicle identification number or special vehicle\\nidentification number designated by the commissioner of motor vehicles.\\n 4. A police officer may at all reasonable times examine and inspect\\nall files and records relating to the shipment of such vehicle which are\\nin the custody of the shipper or of the person who prepares the export\\npapers.\\n 5. Any person who shall violate, aid and abet the violation of, or\\nconspire or attempt to violate this section shall be guilty of a Class A\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398-B", "title" : "Discrimination in car rentals prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-07-06" ], "docLevelId" : "398-B", "activeDate" : "2018-07-06", "sequenceNo" : 738, "repealedDate" : null, "fromSection" : "398-B", "toSection" : "398-B", "text" : " § 398-b. Discrimination in car rentals prohibited. 1. No car or\\nvehicle rental agency shall refuse to rent a car or vehicle to any\\nperson otherwise qualified because of race, color, ethnic origin,\\nreligion, disability, or sex.\\n 2. Any rental vehicle company found by a court of competent\\njurisdiction to have violated a provision of this section shall be\\nsubject to a penalty of not less than one thousand dollars nor more than\\ntwenty-five hundred dollars for each violation.\\n 3. (a) Whenever a rental vehicle company engages in a persistent or\\nrepeated business activity or conduct which discriminates against any\\nindividual based upon the individual's race, color, ethnic origin,\\nreligion, disability, or sex or membership in an otherwise protected\\nclass pursuant to federal law, the attorney general may apply, in the\\nname of the people of the state of New York, to the supreme court of the\\nstate of New York, on five days notice, for an order enjoining the\\ncontinuance of such business activity and directing restitution and\\ndamages. In any such proceeding, the attorney general may seek a civil\\npenalty not to exceed five thousand dollars per violation and may\\nrecover costs pursuant to paragraph six of subdivision (a) of section\\neighty-three hundred three of the civil practice law and rules.\\n (b) The term \"persistent\" as used in this subdivision shall include\\ncontinuance or carrying on of any such business activity or conduct. The\\nterm \"repeated\" as used in this subdivision shall include repetition of\\nany separate and distinct business activity or conduct which affect more\\nthan one person. The term \"business activity\" as used in this\\nsubdivision shall include policies and/or standard practices of the\\nrental vehicle company.\\n (c) In connection with any such application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules. Such authorization shall not abate or terminate by reason of any\\naction or proceeding brought by the attorney general under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398-C", "title" : "Children attending roller skating rinks and indoor ice skating rinks under certain conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398-C", "activeDate" : "2014-09-22", "sequenceNo" : 739, "repealedDate" : null, "fromSection" : "398-C", "toSection" : "398-C", "text" : " § 398-c. Children attending roller skating rinks and indoor ice\\nskating rinks under certain conditions. Notwithstanding any other\\nprovision of law, the owner, lessee, proprietor, operator, attendant or\\nemployee of any roller skating rink or indoor ice skating rink loe may\\nadmit or allow to remain in any such roller skating rink or indoor ice\\nskating rink any child under the age of twelve years, unaccompanied by\\nthe parent, guardian or other adult person authorized by the parent or\\nguardian of such child, at any time other than while school classes of\\nsuch child are in session, but not after six o'clock in the afternoon on\\nany day preceding a day on which school classes will be in session,\\nprovided that on the premises of such skating rink a qualified adult\\nsupervisor shall be in attendance at all times. This section shall not\\napply to any roller skating rink or indoor ice skating rink within\\nwhich, or connected with any premises within which, the sale of any\\nwine, spirituous or malt beverages or liquor is allowed, pool or\\nbilliard tables are used or bowling alleys are maintained. Children of\\nthe age of twelve years and less than sixteen years of age, however, may\\nremain in such roller skating rink or indoor ice skating rink until\\neleven o'clock in the evening, in pursuance of the provisions of this\\nsection, of any day preceding a day on which school classes will be in\\nsession. No time restriction is imposed on children of the age of\\nsixteen or less, in pursuance of the provisions of this section, on any\\nday preceding a day on which school classes will not be in session.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398-D", "title" : "Disposal of abandoned molds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398-D", "activeDate" : "2014-09-22", "sequenceNo" : 740, "repealedDate" : null, "fromSection" : "398-D", "toSection" : "398-D", "text" : " § 398-d. Disposal of abandoned molds. 1. For the purpose of this\\nsection, the term:\\n (a) \"Customer\" means any individual or entity (1) who causes or caused\\na molder to fabricate, cast, or otherwise make a die, mold, or form or\\n(2) who causes or caused a molder to use a die, mold, or form to\\nmanufacture, assemble, or otherwise make a product or products.\\n (b) \"Molder\" means any individual or entity, including but not limited\\nto, a tool or die maker (1) who fabricates, casts, or otherwise makes a\\ndie, mold, or form to produce plastic products or (2) who uses a die,\\nmold, or form to manufacture, assemble, or otherwise make a plastic\\nproduct or products.\\n 2. This section shall not apply where a molder retains title to and\\npossession of a die, mold, or form. Nothing in this section shall be\\nconstrued to grant a customer any rights, title, or interest to a die,\\nmold or form.\\n 3. Unless otherwise agreed in writing, if a customer does not take\\npossession from a molder of a die, mold, or form as described in this\\nsection within three years following the last prior use thereof, all of\\nthe customer's rights, title, and interest to such die, mold, or form\\nmay be transferred by operation of law to the molder for the sole\\npurpose of destroying such die, mold, or form consistent with this\\nsection.\\n 4. If a molder chooses to have all rights, title, and interest to any\\ndie, mold, or form transferred to the molder by operation of law, the\\nmolder shall send written notice by registered mail, return receipt\\nrequested, to its customer at the address, if any, indicated in the\\nagreement pursuant to which the molder obtained possession of the die,\\nmold, or form, or to the customer's last known address indicating that\\nthe molder intends to terminate all of the customer's rights, title, and\\ninterest by having all such rights, title and interest transferred to\\nthe molder by operation of law pursuant to this section.\\n 5. If a customer does not take possession of the particular die, mold,\\nor form within one hundred and twenty days following the date the molder\\nreceives acknowledgement or non-acknowledgement of the return receipt of\\nsuch notice or does not make other contractual arrangements with the\\nmolder for taking possession or for the storage thereof, all rights,\\ntitle, and interest of the customer shall transfer by law to the molder.\\nThereafter, the molder must destroy the particular mold, die, or form as\\nthe molder's own property without any risk of liability to the customer,\\nexcept that this section shall not be construed in any manner to affect\\nthe right of the customer under federal patent or copyright law, or any\\nstate or federal law, pertaining to unfair competition.\\n 6. For purposes of this section, the term \"within three years\\nfollowing the last prior use\" shall be construed to include any period\\nfollowing the last prior use of a die, mold, or form regardless of\\nwhether or not such period precedes the effective date thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398-E", "title" : "Indemnity provision in motor carrier transportation contracts", "docType" : "SECTION", "publishedDates" : [ "2016-11-11" ], "docLevelId" : "398-E", "activeDate" : "2016-11-11", "sequenceNo" : 741, "repealedDate" : null, "fromSection" : "398-E", "toSection" : "398-E", "text" : " § 398-e. Indemnity provision in motor carrier transportation\\ncontracts. 1. For the purposes of this section:\\n (a) \"motor carrier transportation contract\" means a contract,\\nagreement or understanding covering:\\n (i) the transportation of property for compensation or hire by the\\nmotor carrier;\\n (ii) entrance on property by the motor carrier for the purpose of\\nloading, unloading or transporting property for compensation or hire; or\\n (iii) a service incidental to activity described in subparagraph (i)\\nor (ii) of this paragraph, including, but not limited to, storage of\\nproperty.\\n (b) \"promisee\" means the promisee and any agents, employees, servants\\nor independent contractors who are directly responsible to the promisee\\nexcept for motor carriers party to a motor carrier transportation\\ncontract with the promisee and such motor carrier's agents, employees,\\nservants or independent contractors directly responsible to such motor\\ncarrier.\\n 2. Notwithstanding any provision of law to the contrary, a provision,\\nclause or agreement contained in, collateral to or affecting a motor\\ncarrier transportation contract that purports to indemnify, defend or\\nhold harmless, or has the effect of indemnifying, defending or holding\\nharmless, the promisee from or against any liability for loss or damage\\nresulting from the negligence or intentional acts or omissions of the\\npromisee is against the public policy of this state and is void and\\nunenforceable.\\n 3. \"Motor carrier transportation contract,\" as defined in this\\nsection, shall not include the Uniform Intermodal Interchange and\\nFacilities Access Agreement administered by the Intermodal Association\\nof North America or other agreements providing for the interchange, use\\nor possession of intermodal chassis, containers or other intermodal\\nequipment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "398-F", "title" : "Children's non-regulated camp", "docType" : "SECTION", "publishedDates" : [ "2019-07-19", "2019-10-18", "2022-07-08", "2023-01-06", "2024-02-09", "2024-02-16", "2025-12-26" ], "docLevelId" : "398-F", "activeDate" : "2019-10-18", "sequenceNo" : 742, "repealedDate" : null, "fromSection" : "398-F", "toSection" : "398-F", "text" : " § 398-f. Children's non-regulated camp. 1. As used in this section, a\\n\"children's non-regulated camp\" shall mean property consisting of a\\ntract of land and any tents, vehicles, buildings or other structures\\nthat may be pertinent to its use, any part of which may be occupied on a\\nscheduled basis by persons under sixteen years of age under general\\nsupervision for the purpose of indoor or outdoor organized group\\nactivities, involving passive and nonpassive recreational activities,\\nwhich is not subject to the provisions of article thirteen-B of the\\npublic health law.\\n 2. (a) No person, firm, corporation or association shall enroll or\\nallow participation of a child in a children's non-regulated camp unless\\nthe parent or guardian of the child has been provided with the following\\nwritten notice on the application or enrollment form:\\n \"This camp is not regulated or inspected by the New York State\\nDepartment of Health and is not required to obtain a Department of\\nHealth permit. This camp is not required to follow Department of Health\\nregulations, including, checking the state sex offender registry prior\\nto hiring staff; maintaining minimum staff-to-child ratios; hiring\\nmedical personnel; or reporting injuries or illnesses to the Department\\nof Health.\"\\n (b) If a children's non-regulated camp maintains a website, this\\nnotice must be placed on the website.\\n (c) Any notice required in this subdivision shall be prominently and\\nconspicuously posted at the camp facilities in minimum size twelve font.\\n 3. The operator of a children's non-regulated camp shall retain a copy\\nof each notice required to be provided by subdivision two of this\\nsection for a period of three years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399", "title" : "Cigarette package labeling", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399", "activeDate" : "2014-09-22", "sequenceNo" : 743, "repealedDate" : null, "fromSection" : "399", "toSection" : "399", "text" : " § 399. Cigarette package labeling. 1. On each package of cigarettes\\nsold or delivered by a manufacturer or distributor within this state\\nafter June first, nineteen hundred sixty-six, there shall be printed\\nthereon or attached thereto a warning of the consequences of excessive\\nsmoking. Such warning shall be in letters not less than eight point type\\nand in a color in contrast with the package containing the cigarettes,\\nand shall contain the following statement:\\n WARNING\\n \"Excessive use is dangerous to health\"\\n 2. Any person, firm, corporation or association or its officers or\\nagents who or which violate any of the provisions of this section shall\\nbe guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-A", "title" : "Pay toilets; prohibition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-A", "activeDate" : "2014-09-22", "sequenceNo" : 744, "repealedDate" : null, "fromSection" : "399-A", "toSection" : "399-A", "text" : " § 399-a. Pay toilets; prohibition. 1. On and after September first,\\nnineteen hundred seventy-five, no owner, lessee or other occupant of any\\nreal property or any other person, copartnership or corporation shall\\noperate or permit to be operated pay toilet facilities upon such real\\nproperty.\\n 2. A violation of the provisions of this section shall constitute a\\nviolation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-AA", "title" : "Prohibition of the selling of fur, hair, skin or flesh of a dog or cat", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-AA", "activeDate" : "2014-09-22", "sequenceNo" : 745, "repealedDate" : null, "fromSection" : "399-AA", "toSection" : "399-AA", "text" : " § 399-aa. Prohibition of the selling of fur, hair, skin or flesh of a\\ndog or cat. 1. It shall be unlawful for any person, firm, partnership or\\ncorporation to knowingly import, sell, offer for sale, manufacture,\\ndistribute, transport or otherwise market or trade in the fur, hair,\\nskin or flesh of a domesticated dog (canis familiaris) or domesticated\\ncat (felis catus or domesticus), whether domestically raised or imported\\nfrom another country, or any product or item containing or comprised of\\nthe fur, hair, skin or flesh of a dog or cat. As used in this section\\nthe term \"domesticated dog or cat\" shall not mean or include coyote\\n(ranis latrans), fox (vulpes volpes, vulpes cinereoargenteus), lynx\\n(felis lynx) or bobcat (felis rufus).\\n 2. Manufacturers or suppliers shall provide certification to each\\nretailer that any fur, hair, skin or flesh contained in such items is\\nnot derived from domesticated dog or domesticated cat.\\n 3. The state commissioner of agriculture and markets shall establish a\\nstandard for the certification required by the provisions of subdivision\\ntwo of this section on the effective date of this section.\\n 4. A violation of this section shall be punishable by a civil penalty\\nof up to one thousand dollars for an individual and up to five thousand\\ndollars for a corporation for the first violation. Any subsequent\\nviolation shall be punishable by a civil penalty of up to twenty-five\\nthousand dollars.\\n 5. Any civil penalties collected pursuant to this section of law are\\npayable to the animal population control fund established pursuant to\\nsection ninety-seven-xx of the state finance law.\\n 6. (a) No provision of this section shall be construed to prohibit or\\ninterfere with any properly conducted scientific tests, experiments or\\ninvestigations involving the use of dog or cat fur or flesh, performed\\nor conducted in laboratories or institutions, which are approved for\\nthese purposes by the state commissioner of health in accordance with\\nsection three hundred fifty-three of the agriculture and markets law.\\n (b) No provision of this section shall be construed to prohibit any\\nperson, firm, partnership or corporation from importing, selling,\\noffering for sale, manufacturing, distributing, transporting, or\\notherwise marketing or trading in the fur, hair, skin, or flesh of a\\ndomesticated dog or cat for the purposes of conducting scientific tests,\\nexperiments or investigations that are to be performed or conducted in\\nlaboratories or institutions, which are approved for these purposes by\\nthe state commissioner of health in accordance with section three\\nhundred fifty-three of the agriculture and markets law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-AAA", "title" : "Selling and manufacturing of fur-bearing articles of clothing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-08-26", "2016-11-18" ], "docLevelId" : "399-AAA", "activeDate" : "2016-11-18", "sequenceNo" : 746, "repealedDate" : null, "fromSection" : "399-AAA", "toSection" : "399-AAA", "text" : " § 399-aaa. Selling and manufacturing of fur-bearing articles of\\nclothing. 1. For the purposes of this section the following terms shall\\nhave the following meanings:\\n (a) \"faux fur\" shall mean artificially manufactured fur which is made\\nto resemble real fur but which is not derived from animals.\\n (b) \"real fur\" shall mean animal skin or part thereof with hair,\\nfleece, or fur fibers attached thereto, either in its raw or processed\\nstate.\\n 2. It shall be unlawful for any person, firm, partnership or\\ncorporation to knowingly import for profit, sell at retail, offer for\\nsale at retail, or manufacture articles of clothing which include, or\\nhave attached in any quantity and of any value, fur that is not labeled\\nas being \"faux fur\" or \"real fur\", or is incorrectly labeled.\\n 3. Labeling of articles of clothing pursuant to this section may be\\naccomplished by adding \"faux fur\" or \"real fur\" to the permanent tag\\nattached to the clothing, to the temporary tag used by the merchant to\\nidentify the merchandise, or by affixing, in a conspicuous place, a\\nsticker stating \"faux fur\" or \"real fur\" to the article of clothing\\nitself.\\n Articles of clothing containing or having attached any quantity or\\nvalue of \"real fur\" shall have certain disclosures on the label required\\nin this section so as not to be considered misbranded under 15 U.S.C.\\n69b.\\n 4. A violation of this section shall be punishable by a fine of not\\nmore than one thousand dollars for the first violation and not more than\\ntwo thousand dollars for each subsequent violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-AAAA", "title" : "Menstrual product labeling", "docType" : "SECTION", "publishedDates" : [ "2019-10-18", "2020-04-10", "2025-12-26", "2026-02-20" ], "docLevelId" : "399-AAAA", "activeDate" : "2020-04-10", "sequenceNo" : 747, "repealedDate" : null, "fromSection" : "399-AAAA", "toSection" : "399-AAAA", "text" : " § 399-aaaa. Menstrual product labeling. 1. For purposes of this\\nsection:\\n (a) \"ingredient\" shall mean an intentionally added substance present\\nin the menstrual product;\\n (b) \"menstrual product\" shall mean products used for the purpose of\\ncatching menstruation and vaginal discharge, including but not limited\\nto tampons, pads, and menstrual cups. These products may be either\\ndisposable or reusable.\\n 2. No later than eighteen months after this section shall have become\\na law, each package or box containing menstrual products sold in this\\nstate shall contain a plain and conspicuous printed list of all\\ningredients which shall be listed in order of predominance. Such list\\nshall either be printed on the package or affixed thereto.\\n 3. The requirements of this section shall apply in addition to any\\nother labeling requirements established pursuant to any other provision\\nof law.\\n 4. Whenever a violation of this section has occurred, a civil penalty\\nof one percent of the manufacturer's total annual in-state sales not to\\nexceed one thousand dollars per package or box shall be imposed on the\\nmanufacturer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-B", "title" : "Contracts for the use of the streets for hack stands", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-B", "activeDate" : "2014-09-22", "sequenceNo" : 748, "repealedDate" : null, "fromSection" : "399-B", "toSection" : "399-B", "text" : " § 399-b. Contracts for the use of the streets for hack stands. The\\nowner, lessee or other occupant of any real property, or any other\\nperson, copartnership or corporation, who shall make or enter into any\\nagreement, contract or arrangement whatsoever whereby the right is\\nattempted to be granted or is granted to any person, copartnership,\\nassociation or corporation to use any portion of any public highway,\\nstreet, avenue, boulevard, park or other public property owned by the\\nstate of New York or any municipality therein for the purpose of\\npermitting any vehicle to stand while awaiting passengers for hire or as\\na private hack stand, and any owner, lessee or other person,\\ncopartnership or corporation who shall make or enter into any contract\\nor arrangement for the payment of or receives thereby any sum of money,\\npercentage or profits or other thing of value under any such contract,\\nagreement, consent or arrangement for such use of such public property\\nas such private hack stand, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-BB", "title" : "Certain dry cleaning institutions; option for six months donation of articles of clothing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-BB", "activeDate" : "2014-09-22", "sequenceNo" : 749, "repealedDate" : null, "fromSection" : "399-BB", "toSection" : "399-BB", "text" : " § 399-bb. Certain dry cleaning institutions; option for six months\\ndonation of articles of clothing. 1. A retail dry cleaning institution\\nmay post the following notice:\\n IN ACCORDANCE WITH NEW YORK STATE LAW\\n GARMENTS NOT PICKED UP\\n WITHIN SIX MONTHS\\n WILL BE DONATED TO CHARITY\\n Such notice shall be at a minimum eleven inches in height by seventeen\\ninches in length and the printed characters shall be 1.25 inches in\\nheight and at least .5 inches in width. Such notice shall be printed in\\na legible manner and shall be posted in a prominent and conspicuous\\nlocation in the consumer area of the dry cleaning institution. Such\\nnotice shall also be stamped or printed in at least twelve point bold\\nprint on the receipt given to each consumer.\\n 2. Notwithstanding any inconsistent provision of the abandoned\\nproperty law, a retail dry cleaning institution that has posted such a\\nnotice and provided such a receipt may donate a garment or household\\nitem that has not been retrieved within six months to a bona fide\\ncharitable organization, church, or other not-for-profit organization.\\nThe dry cleaning institution shall obtain a detailed written receipt\\nspecifically describing each item donated to the bona fide charitable\\norganization, church, or not-for-profit organization. The dry cleaning\\ninstitution shall attach such receipt to each such consumer receipt and\\nshall keep such receipts for a period of at least three years following\\nthe donation for purposes of demonstrating compliance with the\\nrequirements of this section.\\n 3. The six month period shall commence from the date indicated upon\\nthe receipt that the consumer is due to retrieve his or her items. In\\nthe event that such date is not indicated upon the receipt, the six\\nmonth period shall commence two weeks from the date the consumer brought\\nhis or her items to the retail dry cleaning institution.\\n 4. Nothing in this section shall be construed to prohibit a retail dry\\ncleaning institution from adopting a written policy which provides for a\\nlonger period of time before such a donation may be made.\\n 5. The provisions of this section shall not apply to those items\\nbrought to a retail dry cleaning institution for the purposes of storing\\nsuch items.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-BBB", "title" : "Solicitations by container; disclosures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-12-18", "2016-06-17" ], "docLevelId" : "399-BBB", "activeDate" : "2016-06-17", "sequenceNo" : 750, "repealedDate" : null, "fromSection" : "399-BBB", "toSection" : "399-BBB", "text" : " § 399-bbb. Solicitations by container; disclosures. 1. As used in this\\nsection the term \"publicly accessible collection bin\" shall mean an\\nunattended canister, box, receptacle, or similar device, used for the\\nsolicitation and collection of personal property, not including money or\\nevidences of debt. Such term shall not include an unattended canister,\\nbox, receptacle, or similar device, used exclusively for the collection\\nof used paper, cardboard, motor oil, bottles, cans or other receptacles\\nor materials, not including textiles, for recycling or waste diversion\\npurposes.\\n 2. A publicly accessible collection bin shall not be placed on public\\nproperty; if placed on public property, the local municipality may\\nimmediately remove and dispose of such bin.\\n 3. Any person, business, not-for-profit organization or other entity\\nor entities, or an agent or agents, whether paid or not paid, of such\\nperson, business, not-for-profit organization or other entity, who\\nplaces a publicly accessible collection bin in a public place on private\\nproperty shall affix to the publicly accessible collection bin a label\\nthat is designed to be incapable of being destroyed or removed and that\\nclearly and conspicuously displays in at least twenty-four point type\\nunless otherwise specified in this section and on the front of the\\npublicly accessible collection bin in a manner that is readily visible\\nto an individual placing property in the publicly accessible collection\\nbin the following:\\n (a) the name of the person, business, not-for-profit organization or\\nother entity which owns the publicly accessible collection bin and any\\nagent thereof; the legal address, telephone number, e-mail address and\\nwebsite, if applicable, of such person, business, not-for-profit\\norganization or other entity and any agent thereof where the owner of\\nthe publicly accessible collection bin or its agent can be reached\\nduring ordinary business hours; any permit or license required by local\\nlaw of such person, business, not-for-profit organization or other\\nentity and any agent thereof; a statement that nothing shall be left\\noutside of such bin; and a statement that shall take the following form:\\nFor more information, contact the department of law at (insert the\\ncurrent telephone number established by the department of law for\\nreceiving inquiries from consumers) or (insert the current address of\\nthe website of the department of law). If more than one person,\\nbusiness, not-for-profit organization or other entity own the publicly\\naccessible collection bin, all of the owners' names, legal addresses,\\ntelephone numbers and any permits or licenses required by local law of\\nsuch owners shall be included in the disclosure label. If more than one\\nagent represents an owner of the publicly accessible collection bin,\\nincluding a for-profit entity, on behalf of, or in conjunction with a\\nnot-for-profit organization, all of the agents' names, legal addresses,\\ntelephone numbers and any permits or licenses required by local law of\\nsuch owners shall be included in the disclosure label; and\\n (b) a statement about the purpose or purposes for the property\\ncollected in the bin using letters no less than two inches in height as\\nfollows:\\n (i) if all of the property placed in the publicly accessible\\ncollection bin is directed to a non-business purpose or purposes as\\ndescribed in paragraph (b) of section two hundred one of the\\nnot-for-profit corporation law or, if the property is sold and all\\nproceeds of such sale are directed to a non-business purpose or purposes\\ndescribed in paragraph (b) of section two hundred one of the\\nnot-for-profit corporation law, the label affixed to the publicly\\naccessible collection bin pursuant to this section shall state:\\n DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES\\n The value of items placed in this bin is tax-deductible.\\n or\\n (ii) if any of the property placed in the publicly accessible\\ncollection bin is not directed to a non-business purpose or purposes as\\ndescribed in paragraph (b) of section two hundred one of the\\nnot-for-profit corporation law, or if the property is sold, and any\\nproceeds of such sale are not directed to a non-business purpose or\\npurposes described in paragraph (b) of section two hundred one of the\\nnot-for-profit corporation law, the label affixed to the publicly\\naccessible collection bin pursuant to this section shall state:\\n DONATED ITEMS WILL BE USED FOR PROFIT\\n The value of items placed in this bin is NOT tax-deductible.\\n (c) for collection bins owned by a not-for-profit organization, a\\nstatement describing the charitable causes that will benefit from\\ndonations; and\\n (d) collection bins operated by corporate fundraisers or any entity\\nplacing and operating collection bins for the benefit of another\\nfor-profit entity or not-for-profit entity shall abide by the\\nrequirements of the above and any additional guidelines and labeling\\nrequirements under state or local law as applicable.\\n 4. The owner of a publicly accessible collection bin shall obtain\\nwritten consent from the owner or lessee of the property where the\\npublicly accessible collection bin is located, or the owner or lessee's\\nauthorized agent, stating that the owner of the publicly accessible\\ncollection bin has received permission to place the bin on the property.\\nUpon request of any local jurisdiction, documentation evidencing the\\nwritten consent shall be made available by the owner of the publicly\\naccessible collection bin. The owner or lessee of the property where the\\npublicly accessible collection bin is located, or the owner or lessee's\\nauthorized agent may rescind such consent at any time, provided, written\\nnotice of such rescission is provided to the bin owner at least ten days\\nprior to the bin's removal. Written notice of rescission of consent, if\\ngiven by first-class mail, shall be deemed given when deposited in a\\nmailbox properly addressed and adequate postage prepaid. Such written\\nnotice shall be effective irrespective of the form of such written\\nnotice if it indicates the intention of the owner or lessee of the\\nproperty to rescind the consent previously given by the property owner\\nor lessee's authorized agent. Ten days after giving notice, the property\\nowner or lessee may remove and dispose of such bin, and any reasonable\\ncosts associated with such removal or disposal shall be recoverable from\\nthe owner of the publicly accessible collection bin.\\n 5. The owner of a publicly accessible collection bin shall adhere to\\nthe following maintenance requirements:\\n (a) bins shall be serviced and emptied as needed or within seven days\\nof a request by the property owner or owner's agent, including requests\\nfor removal of debris and bulk items;\\n (b) remove graffiti on the outside of bins within seven days of\\nrequests or otherwise becoming aware of such damage or vandalism;\\n (c) repair damaged bins within seven days of requests or otherwise\\nbecoming aware of such damage or vandalism;\\n (d) secure each collection bin with a tamper-resistant lock; and\\n (e) maintain the aesthetic presentation of such bin, including fresh\\npaint and readable signage.\\n 6. Whenever a bin is removed by a property owner in accordance with\\nthe provisions of this section, the property owner shall inform the bin\\nowner of the location to which the bin was removed, or any other\\ndisposition of the bin, and any reasonable costs associated with such\\nremoval or disposal shall be recoverable from the owner of the publicly\\naccessible collection bin.\\n 7. (a) Any violation of the provisions of this section shall be deemed\\na deceptive practice within the meaning of section three hundred\\nforty-nine of this chapter and any remedy provided therein shall be\\navailable for the enforcement of this section. In addition, the district\\nattorney, county attorney, and the corporation counsel shall have\\nconcurrent authority to seek the relief in paragraph (b) of this\\nsubdivision, and all civil penalties obtained in any such action shall\\nbe retained by the municipality or county in which such bin is placed.\\n (b) In every case where the court shall determine that a violation of\\nthis section has occurred, it may impose a civil penalty of not more\\nthan five thousand dollars for each violation.\\n (i) Any bin not in compliance with the provisions related to the\\ndisplay of information or unpermitted placement shall subject the owner\\nof such bin to a civil penalty of up to two hundred fifty dollars for\\nthe first offense, and a civil penalty of up to five hundred dollars for\\neach subsequent offense within an eighteen month period.\\n (ii) Any bin not in compliance with the maintenance provisions shall\\nsubject the owner of such bin to a civil penalty of up to fifty dollars\\nfor the first offense, and a civil penalty of up to one hundred dollars\\nfor each subsequent offense within an eighteen month period.\\n (c) It shall be a defense to the imposition of any civil penalty or\\nany other remedy in an action brought to enforce the provisions of this\\nsection if the person or entity affixed a label as required by this\\nsection and such label was removed or defaced by vandals, provided that\\nsuch person or entity subsequently complies with the requirements of\\nthis section.\\n (d) Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or the common law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-C", "title" : "Mandatory arbitration clauses in certain consumer contracts prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-C", "activeDate" : "2014-09-22", "sequenceNo" : 751, "repealedDate" : null, "fromSection" : "399-C", "toSection" : "399-C", "text" : " § 399-c. Mandatory arbitration clauses in certain consumer contracts\\nprohibited. 1. Definitions.\\n a. The term \"consumer\" shall mean a natural person residing in this\\nstate.\\n b. The term \"consumer goods\" shall mean goods, wares, paid merchandise\\nor services purchased or paid for by a consumer, the intended use or\\nbenefit of which is intended for the personal, family or household\\npurposes of such consumer.\\n c. The term \"mandatory arbitration clause\" shall mean a term or\\nprovision contained in a written contract for the sale or purchase of\\nconsumer goods which requires the parties to such contract to submit any\\ncontroversy thereafter arising under such contract to arbitration prior\\nto the commencement of any legal action to enforce the provisions of\\nsuch contract and which also further provides language to the effect\\nthat the decision of the arbitrator or panel of arbitrators in its\\napplication to the consumer party shall be final and not subject to\\ncourt review.\\n d. The term \"arbitration\" shall mean the use of a decision making\\nforum conducted by an arbitrator or panel of arbitrators within the\\nmeaning and subject to the provisions of article seventy-five of the\\ncivil practice law and rules.\\n 2. a. Prohibition. No written contract for the sale or purchase of\\nconsumer goods, entered into on or after the effective date of this\\nsection, to which a consumer is a party, shall contain a mandatory\\narbitration clause. Nothing contained herein shall be construed to\\nprohibit a non-consumer party from incorporating a provision within such\\ncontract that such non-consumer party agrees that the decision of the\\narbitrator or panel of arbitrators shall be final in its application to\\nsuch non-consumer party and not subject to court review.\\n b. Mandatory arbitration clause null and void. The provisions of a\\nmandatory arbitration clause shall be null and void. The inclusion of\\nsuch clause in a written contract for the sale or purchase of consumer\\ngoods shall not serve to impair the enforceability of any other\\nprovision of such contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-CC", "title" : "Wireless telephone numbers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-CC", "activeDate" : "2014-09-22", "sequenceNo" : 752, "repealedDate" : null, "fromSection" : "399-CC", "toSection" : "399-CC", "text" : " * § 399-cc. Wireless telephone numbers. 1. No person, firm,\\npartnership, association, limited liability company, corporation, or\\nother business entity shall obtain from any provider of wireless\\ntelephone service, as such term is defined in paragraph (b) of\\nsubdivision one of section twelve hundred twenty-five-c of the vehicle\\nand traffic law, any wireless telephone numbers for the purpose of\\ncreating a directory of wireless telephone numbers, without first\\nobtaining the prior authorization from each individual wireless\\ntelephone service customer. Such customer's authorization shall be\\naffirmatively obtained via verifiable means.\\n 2. A violation of the provisions of this section shall be punishable\\nby a civil penalty not to exceed one thousand dollars for each\\nviolation.\\n * NB There are 2 § 399-cc's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-CC*2", "title" : "Transcripts and stenographic services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-CC*2", "activeDate" : "2014-09-22", "sequenceNo" : 753, "repealedDate" : null, "fromSection" : "399-CC*2", "toSection" : "399-CC*2", "text" : " * § 399-cc. Transcripts and stenographic services. Notwithstanding any\\nother provision of law to the contrary, when an attorney of record\\norders or requests either orally or in writing that a stenographic\\nrecord be made of any judicial proceeding, deposition, statement or\\ninterview of a party in a proceeding or of a witness related to such\\nproceeding, it shall be the responsibility of such attorney to pay for\\nthe services and the costs of such record except where:\\n 1. payment is otherwise provided by law or where the attorney is\\nproviding representation through a not-for-profit provider of criminal\\nor civil legal services; or\\n 2. the attorney expressly disclaims responsibility for payment of the\\nstenographic service or record in writing at the time the attorney\\norders or requests that the record be made.\\n * NB There are 2 § 399-cc's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-CCC", "title" : "Smoke detecting devices", "docType" : "SECTION", "publishedDates" : [ "2016-01-01", "2016-03-11", "2019-04-05" ], "docLevelId" : "399-CCC", "activeDate" : "2019-04-05", "sequenceNo" : 754, "repealedDate" : null, "fromSection" : "399-CCC", "toSection" : "399-CCC", "text" : " § 399-ccc. Smoke detecting devices. 1. It shall be unlawful for any\\nperson or entity to distribute, sell, offer for sale, or import any\\nsolely battery operated smoke detecting alarm device powered by a\\nreplaceable, removable battery. All solely battery operated smoke\\ndetecting alarm devices that are distributed, sold, offered for sale, or\\nimported, shall employ a non-removable, non-replaceable battery that\\npowers the device for a minimum of ten years.\\n 2. All product packaging containing a solely battery operated smoke\\ndetecting alarm device shall include the following information:\\n (a) the manufacturer's name or registered trademark and the model\\nnumber of the smoke detecting alarm device; and\\n (b) that such alarm device is designed to have a minimum battery life\\nof ten years.\\n 3. The provisions of this section shall not apply to solely battery\\noperated smoke detecting alarm devices powered by a replaceable,\\nremovable battery that have been ordered by, or are in the inventory of,\\nowners, managing agents, contractors, wholesalers or retailers on or\\nbefore the effective date of this section. The provisions of this\\nsection shall not apply to smoke detecting alarm devices that receive\\ntheir power from the electrical system of the building, fire alarm\\nsystems with smoke detectors, fire alarm devices that connect to a\\npanel, devices that use a low-power radio frequency wireless\\ncommunication signal, or such other devices as the state fire\\nadministrator shall designate through its regulatory process.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-D", "title" : "Children attending public bowling alleys under certain conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-D", "activeDate" : "2014-09-22", "sequenceNo" : 755, "repealedDate" : null, "fromSection" : "399-D", "toSection" : "399-D", "text" : " § 399-d. Children attending public bowling alleys under certain\\nconditions. Notwithstanding any other provision of law, the owner,\\nlessee, proprietor, operator, attendant or employee of any public\\nbowling alley shall admit or allow to remain in any such public bowling\\nalley, and to bowl therein, any child between the ages of twelve and\\neighteen at all times, and any child under twelve (a) when such child is\\naccompanied or directly supervised at such bowling alley by a parent or\\nby a responsible adult, or (b) when such child is a member of an\\norganized group under the supervision of a responsible adult, or (c)\\nwhen such child is participating in an organized bowling league under\\nthe supervision of a responsible adult, provided, that no alcoholic\\nbeverages of any kind are dispensed on such premises during the time\\nthat such child is on the premises as a member or participant of such\\norganized group or league, as shall be permitted by a local law or\\nordinance heretofore or hereafter adopted by the common council or other\\nlegislative body of a city, town or village permitting any such child to\\nbe admitted, or allowed to remain or to bowl in any such public bowling\\nalley as herein provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-DD", "title" : "Sale of alcohol vaporizing devices prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-DD", "activeDate" : "2014-09-22", "sequenceNo" : 756, "repealedDate" : null, "fromSection" : "399-DD", "toSection" : "399-DD", "text" : " * § 399-dd. Sale of alcohol vaporizing devices prohibited. 1. For\\npurposes of this section, \"alcohol vaporizing device\" means any device,\\nmachine or process which mixes spirits, liquor or other alcohol product\\nwith pure oxygen or other gas to produce a vaporized product for the\\npurpose of consumption by inhalation.\\n 2. No person, corporation, partnership or limited liability company\\nshall knowingly sell or offer for sale an alcohol vaporizing device.\\n 3. A violation of the provisions of this section shall be an offense\\npunishable by a fine of not more than five thousand dollars. A violation\\nof the provisions of this section after having been previously convicted\\nof such an offense within the previous five years shall be a class B\\nmisdemeanor punishable by a fine of not more than ten thousand dollars.\\n * NB There are 3 § 399-dd's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-DD*2", "title" : "Construction or installation of playground or playground equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-DD*2", "activeDate" : "2014-09-22", "sequenceNo" : 757, "repealedDate" : null, "fromSection" : "399-DD*2", "toSection" : "399-DD*2", "text" : " * § 399-dd. Construction or installation of playground or playground\\nequipment. 1. Definitions relative to playground safety. For the\\npurposes of this section, the term \"playground\" means an improved area\\ndesigned, equipped, and set aside for play of six or more children which\\nis not intended for use as an athletic playing field or athletic court,\\nand shall include any play equipment, surfacing, fencing, signs,\\ninternal pathways, internal land forms, vegetation, and related\\nstructures.\\n 2. The department of state, in consultation with the office of parks,\\nrecreation and historic preservation, shall promulgate rules and\\nregulations for the design, installation, inspection and maintenance of\\nplaygrounds and playground equipment. Those regulations shall\\nsubstantially comply with the guidelines and criteria which are\\ncontained in the handbook for public playground safety produced by the\\nUnited States consumer products safety commission or any successor. The\\nrules and regulations shall include special provisions for playgrounds\\nappropriate for children within the range of ages in day care settings.\\n 3. (a) No person, firm, corporation, or other legal entity which\\nconstructs, assembles or installs a playground or playground equipment\\nshall construct, assemble, or install in this state such playground or\\nplayground equipment unless such playground or playground equipment\\nshall conform to the requirements of those rules and regulations\\npromulgated pursuant to this section.\\n (b) Playgrounds or playground equipment constructed upon one, two and\\nthree-family residential real property are exempt from the requirements\\nof this section.\\n 4. Whenever the attorney general shall believe from evidence\\nsatisfactory to him that any person, firm, corporation or association or\\nagent or employee thereof has violated any provision of this section, he\\nmay bring an action in the supreme court of the state of New York for a\\njudgment enjoining the continuance of such violation and for a civil\\npenalty of not more than one thousand dollars for each violation, except\\nthat the court may impose a civil penalty of not more than ten thousand\\ndollars if the violation is knowing and willful. If it shall appear to\\nthe satisfaction of the court or justice that the defendant has violated\\nany provision of this section, no proof shall be required that any\\nperson has been injured thereby nor that the defendant knowingly or\\nintentionally violated such provision. In such action preliminary relief\\nmay be granted under article sixty-three of the civil practice law and\\nrules. Before any violation of this section is sought to be enjoined,\\nthe attorney general shall be required to give the person against whom\\nsuch proceeding is contemplated notice by certified mail and an\\nopportunity to show in writing within five business days after receipt\\nof notice why proceedings should not be instituted against him, unless\\nthe attorney general shall find, in any case in which he seeks\\npreliminary relief, that to give such notice and opportunity is not in\\nthe public interest.\\n * NB There are 3 § 399-dd's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-DD*3", "title" : "Consumer communications records privacy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-DD*3", "activeDate" : "2014-09-22", "sequenceNo" : 758, "repealedDate" : null, "fromSection" : "399-DD*3", "toSection" : "399-DD*3", "text" : " * § 399-dd. Consumer communications records privacy. 1. For purposes\\nof this section, the following terms shall have the following meanings:\\n (a) \"telephone record\" means information retained by a telephone\\ncompany that relates to the telephone number dialed from the telephone\\nof a customer or the incoming number of a call directed to the telephone\\nof a customer, the content of alphanumerical messages sent to or from a\\ntelephone or other data related to such calls typically contained on a\\ntelephone bill of a customer including but not limited to the time the\\ncall started and ended, the duration of the call, the time of day the\\ncall was made and any charges applied, provided, however, that\\ninformation commonly known as caller identification or caller ID\\ninformation transmitted to or retained by the recipient of a call shall\\nnot constitute a telephone record;\\n (b) \"telephone company\" means any person, firm, partnership,\\nassociation, limited liability company, corporation, trust, business or\\nother entity that provides commercial or residential telephone services\\nto a customer, irrespective of the communications technology used to\\nprovide such service, including, but not limited to, traditional\\nwireline or cable telephone service; cellular, broadband PCS, or other\\nwireless telephone service; microwave, satellite, or other terrestrial\\ntelephone service; and voice over Internet telephone service;\\n (c) \"telephone\" means any device used by a person for voice\\ncommunications, in connection with the services of a telephone company,\\nwhether such voice communications are transmitted in analog, data, or\\nany other form;\\n (d) \"customer\" means the person who subscribes to telephone service\\nfrom a telephone company or in whose name such telephone service is\\nlisted; and\\n (e) \"procure\" in regard to such a telephone record means to obtain by\\nany means, whether electronically, in writing or in oral form, with or\\nwithout consideration.\\n 2. No person, firm, partnership, association, limited liability\\ncompany, corporation, trust, business or other entity shall knowingly\\nand intentionally procure, attempt to procure, solicit or conspire with\\nanother to procure, offer for sale, sell or fraudulently transfer or use\\nor attempt to sell or fraudulently transfer or use, telephone record\\ninformation from a telephone company, without written authorization from\\nthe customer to whom such telephone record information relates except as\\notherwise provided for by applicable law. Nothing in this section shall\\nbe construed so as to prevent any action pursuant to a subpoena or by a\\nlaw enforcement agency, or any officer, employee, or agent of such\\nagency, to obtain telephone record information from a telephone company\\nin connection with the performance of the official duties thereof, in\\naccordance with other applicable laws.\\n 3. (a) Whenever the attorney general shall believe from evidence\\nsatisfactory to him or her that there is a violation of this section, he\\nor she may bring an action in the name and on behalf of the people of\\nthe state of New York, in a court of competent jurisdiction to enjoin\\nand restrain the continuation of such violation. In such action,\\npreliminary relief may be granted under article sixty-three of the civil\\npractice law and rules. In such action, the court may award reasonable\\nattorney's fees and damages for actual costs or losses incurred by a\\ncustomer whose telephone records were sold or fraudulently transferred\\nor were attempted to be sold or fraudulently transferred. Whenever the\\ncourt shall determine in such action that a person or business violated\\nthis section, the court may impose a civil penalty of one thousand\\ndollars per violation.\\n (b) The remedies provided by this section shall be in addition to any\\nother lawful remedy available.\\n (c) No action may be brought under the provisions of this section\\nunless such action is commenced within two years immediately after the\\ndate of the act complained of or the date of discovery of such act.\\n * NB There are 3 § 399-dd's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-DDD", "title" : "Confidentiality of social security account number", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "399-DDD", "activeDate" : "2014-09-22", "sequenceNo" : 759, "repealedDate" : null, "fromSection" : "399-DDD", "toSection" : "399-DDD", "text" : " * § 399-ddd. Confidentiality of social security account number.\\nBeginning on and after January first, two thousand eight:\\n 1. (a) As used in this section \"social security account number\" shall\\ninclude the number issued by the federal social security administration\\nand any number derived from such number. Such term shall not include any\\nnumber that has been encrypted.\\n (b) For purposes of this section, the term \"inmate\" means a person\\nconfined in any local correctional facility as defined in subdivision\\nsixteen of section two of the correction law or in any correctional\\nfacility as defined in paragraph (a) of subdivision four of section two\\nof the correction law pursuant to such person's conviction of a criminal\\noffense.\\n 2. No person, firm, partnership, association or corporation, not\\nincluding the state or its political subdivisions, shall do any of the\\nfollowing:\\n (a) Intentionally communicate to the general public or otherwise make\\navailable to the general public in any manner an individual's social\\nsecurity account number. This paragraph shall not apply to any\\nindividual intentionally communicating to the general public or\\notherwise making available to the general public his or her social\\nsecurity account number.\\n (b) Print an individual's social security account number on any card\\nor tag required for the individual to access products, services or\\nbenefits provided by the person, firm, partnership, association or\\ncorporation.\\n (c) Require an individual to transmit his or her social security\\naccount number over the internet, unless the connection is secure or the\\nsocial security account number is encrypted.\\n (d) Require an individual to use his or her social security account\\nnumber to access an internet web site, unless a password or unique\\npersonal identification number or other authentication device is also\\nrequired to access the internet website.\\n (e) Print an individual's social security account number on any\\nmaterials that are mailed to the individual, unless state or federal law\\nrequires the social security account number to be on the document to be\\nmailed. Notwithstanding this paragraph, social security account numbers\\nmay be included in applications and forms sent by mail, including\\ndocuments sent as part of an application or enrollment process, or to\\nestablish, amend or terminate an account, contract or policy, or to\\nconfirm the accuracy of the social security account number. A social\\nsecurity account number that is permitted to be mailed under this\\nsection may not be printed, in whole or part, on a postcard or other\\nmailer not requiring an envelope, or visible on the envelope or without\\nthe envelope having been opened.\\n (f) Encode or embed a social security number in or on a card or\\ndocument, including, but not limited to, using a bar code, chip,\\nmagnetic strip, or other technology, in place of removing the social\\nsecurity number as required by this section.\\n (g) Knowingly use the labor or time of or employ any inmate in this\\nstate, or in any other jurisdiction, in any capacity that involves\\nobtaining access to, collecting or processing social security account\\nnumbers of other individuals.\\n 3. This section does not prevent the collection, use, or release of a\\nsocial security account number as required by state or federal law, the\\nuse of a social security account number for internal verification, fraud\\ninvestigation or administrative purposes or for any business function\\nspecifically authorized by 15 U.S.C. 6802.\\n 4. Any person, firm, partnership, association or corporation having\\npossession of the social security account number of any individual\\nshall, to the extent that such number is maintained for the conduct of\\nbusiness or trade, take reasonable measures to ensure that no officer or\\nemployee has access to such number for any purpose other than for a\\nlegitimate or necessary purpose related to the conduct of such business\\nor trade and provide safeguards necessary or appropriate to preclude\\nunauthorized access to the social security account number and to protect\\nthe confidentiality of such number.\\n 5. Any waiver of the provisions of this section is contrary to public\\npolicy, and is void and unenforceable.\\n 6. No person may file any document available for public inspection\\nwith any state agency, political subdivision, or in any court of this\\nstate that contains a social security account number of any other\\nperson, unless such other person is a dependent child, or has consented\\nto such filing, except as required by federal or state law or\\nregulation, or by court rule.\\n 7. Whenever there shall be a violation of this section, application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules. Whenever the court shall determine that a\\nviolation of subdivision two of this section has occurred, the court may\\nimpose a civil penalty of not more than one thousand dollars for a\\nsingle violation and not more than one hundred thousand dollars for\\nmultiple violations resulting from a single act or incident. The second\\nviolation and any violation committed thereafter shall be punishable by\\na civil penalty of not more than five thousand dollars for a single\\nviolation and not more than two hundred fifty thousand dollars for\\nmultiple violations resulting from a single act or incident. No person,\\nfirm, partnership, association or corporation shall be deemed to have\\nviolated the provisions of this section if such person, firm,\\npartnership, association or corporation shows, by a preponderance of the\\nevidence, that the violation was not intentional and resulted from a\\nbona fide error made notwithstanding the maintenance of procedures\\nreasonably adopted to avoid such error.\\n * NB There are 2 § 399-ddd's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-DDD*2", "title" : "Disclosure of social security number", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-DDD*2", "activeDate" : "2014-09-22", "sequenceNo" : 760, "repealedDate" : null, "fromSection" : "399-DDD*2", "toSection" : "399-DDD*2", "text" : " * § 399-ddd. Disclosure of social security number. 1. As used in this\\nsection, \"social security account number\" shall include the number\\nissued by the federal social security administration and any number\\nderived from such number. Such term shall not include any number that\\nhas been encrypted.\\n 2. No person, firm, partnership, association or corporation, not\\nincluding the state or its political subdivisions, shall require an\\nindividual to disclose or furnish his or her social security account\\nnumber, for any purpose in connection with any activity, or to refuse\\nany service, privilege or right to an individual wholly or partly\\nbecause such individual refuses to disclose or furnish such number,\\nunless one of the exceptions enumerated in subdivision three of this\\nsection applies.\\n 3. The provisions of this section shall not apply in the following\\ninstances:\\n (a) The individual consents to the acquisition or use of his or her\\nsocial security account number.\\n (b) The social security account number is expressly required by\\nfederal, state, or local law or regulation.\\n (c) The social security account number is to be used for internal\\nverification or fraud investigation.\\n (d) The social security account number is to be used for any business\\nfunction permitted or allowed under the Gramm Leach Bliley Act, P.L.\\n106-102 (1999).\\n (e) The social security account number is requested in connection with\\na request for credit or a credit transaction initiated by the consumer\\nor in connection with a lawful request for a consumer report or\\ninvestigative consumer report, as such terms are defined in section\\nthree hundred eighty-a of this chapter.\\n (f) The social security account number is requested in connection with\\na deposit account or an investment.\\n (g) The social security account number is requested for purposes of\\nemployment, including in the course of the administration of a claim,\\nbenefit, or procedure related to the individual's employment by the\\nperson, including the individual's termination from employment,\\nretirement from employment, injury suffered during the course of\\nemployment, or to check on an unemployment insurance claim of the\\nindividual.\\n (h) The social security account number is requested for purposes of\\ntax compliance.\\n (i) The social security account number is requested for the purpose\\nof:\\n i. the collection of child or spousal support;\\n ii. determining whether an individual has a criminal record; or\\n iii. blood or organ donation.\\n (j) The social security account number is requested in connection with\\nany interaction with a governmental law enforcement agency or is used in\\nconjunction with the enforcement of a judgment of a court of competent\\njurisdiction by a sheriff or marshal.\\n (k) The social security account number is requested for the purpose of\\nverifying an individual's identity or age in order to allow such\\nindividual to obtain access to, or enroll in, a marketing program that\\nis restricted to individuals of a certain age.\\n (l) i. The social security account number is requested by an\\nindividual, firm, corporation, or other entity doing business pursuant\\nto a franchise issued by a political subdivision of the state or a\\nlicense, franchise, certificate or other authorization issued by the New\\nYork state public service commission.\\n ii. The social security account number is requested by an individual,\\nfirm, corporation, or other entity regulated by the New York state\\npublic service commission, the federal communications commission, or the\\nfederal energy regulatory commission.\\n iii. The social security account number is requested by a banking\\ninstitution, as defined in section nine-f of the banking law, or one of\\nits affiliates.\\n (m) The social security account number is requested by an authorized\\ninsurer, as defined in section one hundred seven of the insurance law,\\nfor the purpose of furnishing information to the Centers for Medicare\\nand Medicaid Services within the United States Department of Health and\\nHuman Services.\\n 4. Whenever there shall be a violation of this section, application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules. Whenever the court shall determine that a\\nviolation of subdivision two of this section has occurred, the court\\nshall impose a civil penalty of not more than five hundred dollars. The\\nsecond offense and any offense committed thereafter shall be punishable\\nby a civil penalty of not more than one thousand dollars.\\n 5. No person, firm, partnership, association or corporation shall be\\ndeemed to have violated the provisions of this section if such person,\\nfirm, partnership, association or corporation shows, by a preponderance\\nof the evidence, that the violation was not intentional and resulted\\nfrom a bona fide error made notwithstanding the maintenance of\\nprocedures reasonably adopted to avoid such error.\\n * NB There are 2 § 399-ddd's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-E", "title" : "Prohibition of the importation, manufacturing, distribution, or sale of yo-yo waterball toys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-E", "activeDate" : "2014-09-22", "sequenceNo" : 761, "repealedDate" : null, "fromSection" : "399-E", "toSection" : "399-E", "text" : " * § 399-e. Prohibition of the importation, manufacturing,\\ndistribution, or sale of yo-yo waterball toys. 1. No person, firm,\\ncorporation, or association shall import, manufacture, sell, offer to\\nsell, or distribute a yo-yo waterball toy.\\n 2. For purposes of this section, the term \"yo-yo waterball toy\" means\\na yo-yo waterball, water yo-yo, or any similar toy made of rubber or\\nrubber-like material consisting of a ball that is filled with a liquid\\nand attached to an elastic cord with a finger loop at the end.\\n 3. Whenever there shall be a violation of this section an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan one thousand dollars for each violation. Each sale of a yo-yo\\nwaterball toy in violation of this section shall constitute a separate\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n * NB There are 2 § 399-e's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-E*2", "title" : "Actions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-E*2", "activeDate" : "2014-09-22", "sequenceNo" : 762, "repealedDate" : null, "fromSection" : "399-E*2", "toSection" : "399-E*2", "text" : " * § 399-e. Actions. No person, firm, corporation, partnership or other\\nassociation may deny credit, reduce the credit limit, or raise the cost\\nof credit of a consumer, solely because such consumer is a victim of\\nidentity theft, if the person denying, reducing, or raising the cost of,\\nthe credit has prior knowledge that the consumer was a victim of\\nidentity theft. Actions taken by a creditor to assist a consumer\\nregarding his or her credit report, credit score or credit history or to\\nlimit credit or financial losses to the consumer, including the\\ncancellation, monitoring or restructuring of consumer credit accounts,\\nshall not be considered violations of this section. For purposes of this\\nsection, a person is the victim of identity theft if he or she possesses\\na valid police report alleging that he or she is the victim of an\\nidentity theft crime, including, but not limited to, a violation of\\nsection 190.78, 190.79, 190.80, 190.82 or 190.83 of the penal law.\\n * NB There are 2 § 399-e's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-EE", "title" : "Zone pricing of gasoline prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-EE", "activeDate" : "2014-09-22", "sequenceNo" : 763, "repealedDate" : null, "fromSection" : "399-EE", "toSection" : "399-EE", "text" : " § 399-ee. Zone pricing of gasoline prohibited. 1. As used in this\\nsection:\\n (a) \"Affiliate\" means any person whose stock is more than fifty\\npercent owned by or who, regardless of stock ownership, is controlled by\\nor is under common control with any other person.\\n (b) \"Competition\" means the vying for motor fuel sales between any two\\nor more sellers in the same relevant geographic market.\\n (c) \"Dealer\" means any person, other than a refiner or wholesaler, who\\nis engaged in the business of selling motor fuel at a retail outlet.\\n (d) \"Motor fuel\" means any petroleum product, including any special\\nfuel which is used for the propulsion of any motor vehicle.\\n (e) \"Posted terminal price\" means a refiner's posted price at a\\nterminal, by grade and quality of motor fuel, to the wholesale class of\\ntrade within a general trade area. If a refiner does not have a posted\\nterminal price in a general trade area, such refiner's posted terminal\\nprice shall be deemed to be no lower than the lowest posted terminal\\nprice of motor fuel of like grade and quality of any other refiner\\nselling to the wholesale class of trade in the general trade area.\\n (f) \"Refiner\" means any person who produces and stores or exchanges\\nmotor fuel at a terminal facility and who sells or transfers motor fuel\\nthrough the loading rack at such terminal facility, and includes an\\naffiliate of such refiner with respect to such affiliate's sale of motor\\nfuel.\\n (g) \"Relevant geographic market\" means the geographic area of\\neffective competition.\\n (h) \"Retail outlet\" means a facility, including land and improvements,\\nwhere motor fuel is offered for sale at retail to the public.\\n (i) \"Sale\" or \"sell\" means any retail transfer, gift, barter, sale,\\noffer for sale, or advertisement for sale in any manner or by any means\\nwhatsoever.\\n (j) \"Supplier\" means any person who conveys, transports, or otherwise\\ncauses motor fuel to be delivered to another person, except that any\\nperson who conveys, transports, or otherwise causes motor fuel to be\\ndelivered as part of a retail sale shall not be considered a supplier.\\n (k) \"Terminal facility\" means any inland, waterfront, or offshore\\nappurtenance on land used for the purpose of receiving, storing,\\nhandling, or transferring motor fuel, but does not include bulk storage\\nfacilities owned or operated by a wholesaler.\\n (l) \"Wholesaler\" means any person, other than a refiner or dealer, who\\npurchases motor fuel at a terminal facility and supplies motor fuel to\\nretail outlets.\\n (m) \"Zone pricing\" means the arbitrary price differences within the\\nrelevant geographic market, based on the posted terminal price or where\\nthe effect is to injure competition.\\n 2. No wholesaler shall engage in zone pricing with respect to any\\nmotor fuel of like grade or quality.\\n 3. In addition to any other remedies provided by law, whenever there\\nshall be a violation of this section, application may be made by the\\nattorney general in the name of the people of the state of New York to a\\ncourt or justice having jurisdiction by a special proceeding to issue an\\ninjunction, and, upon notice to the defendant of not less than five\\ndays, to enjoin and restrain the continuance of such violations; and if\\nit shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining or restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceedings, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this section has occurred, the court may\\nimpose a civil penalty of not more than ten thousand dollars for each\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-F", "title" : "Laundromat refund procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-08-01" ], "docLevelId" : "399-F", "activeDate" : "2014-09-22", "sequenceNo" : 764, "repealedDate" : null, "fromSection" : "399-F", "toSection" : "399-F", "text" : " § 399-f. Laundromat refund procedures. 1. \"Self service laundromats\"\\nor \"coin operated laundries\" shall mean and include all laundromats and\\nany apartment building with two or more washing machines or clothes\\ndryers.\\n 2. All self service laundromats, except those staffed by a full-time\\nattendant, shall be required to post two signs with dimensions no less\\nthan twelve inches by eighteen inches. One sign shall list the owner's\\nname and address, and the second sign shall give the price for the use\\nof the washer and dryer, the cycle time per unit of payment, and the\\nmethod of refund if the coins are lost in the machines, including a\\ntelephone number or address to contact for refund. Information for the\\nmethod of refund shall read as follows: \" If coins are lost in the coin\\nreceptacle of the washer or dryer, contact (insert the name and address\\nor telephone number of a person designated by the owner of the self\\nservice laundromat to contact for refund).\"\\n 3. All signs shall be prominently displayed in a clearly visible area\\nof the self service laundromat.\\n 4. Any individual, firm, partnership, corporation, association,\\ncompany or organization which owns and/or operates such business and\\nknowingly fails to comply with the requirements of this section shall be\\nassessed a civil penalty not to exceed fifty dollars for the first\\nviolation, one hundred dollars for a second violation and two hundred\\nfifty dollars for any subsequent violation. Each day such offense shall\\ncontinue shall constitute a separate additional violation. It shall be a\\ndefense to the imposition of any such civil penalty if the owner or\\noperator posted a sign as required by this section and such sign was\\nremoved or defaced by vandals, provided the owner or operator\\nsubsequently complies with the requirements of this section.\\n 5. This section shall not annul, alter, affect or exempt any person,\\nfirm, partnership, corporation, association, company or organization\\nsubject to the provisions of this section from complying with the laws,\\nordinances, rules or regulations of any locality, relating to the\\nposting of laundromat refund procedures, except to the extent that these\\nlaws, ordinances, rules or regulations are inconsistent with any\\nprovision of this section, but no such local law, ordinance, rule or\\nregulation shall be considered inconsistent, if it affords greater\\nprotection to the consumer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-FF", "title" : "Petting zoos", "docType" : "SECTION", "publishedDates" : [ "2014-09-26", "2015-03-27" ], "docLevelId" : "399-FF", "activeDate" : "2015-03-27", "sequenceNo" : 765, "repealedDate" : null, "fromSection" : "399-FF", "toSection" : "399-FF", "text" : " § 399-ff. Petting zoos. 1. For purposes of this section the terms:\\n (a) \"petting zoo\" shall mean a place where a collection of animals are\\nkept for the express purpose of viewing, touching, holding and petting\\nby patrons and visitors to the establishment; and\\n (b) \"hand washing or hand cleansing facility\" shall mean any method of\\ncleansing the hands that kills germs and bacteria including, but not\\nlimited to, soap and running water, anti-bacterial fluids, foams or\\ngels, and anti-bacterial or antiseptic wipes or towels.\\n 2. All petting zoo operators shall provide and maintain at least one\\nclearly designated hand washing facility for patrons and visitors to the\\nestablishment to wash or cleanse their hands upon exiting such petting\\nzoo area. Such hand washing or hand cleansing facility shall be\\nmaintained at or within no more than fifty feet of the exit from such\\npetting zoo area.\\n 3. Every exit from a petting zoo area shall have a sign conspicuously\\nposted that shall state, in a clear and legible typeface, the following:\\n\"Animals at petting zoos may carry germs and bacteria that cause\\ndisease. It is strongly recommended that persons wash their hands upon\\nexiting the petting zoo area\". Such sign shall also indicate the\\ndirection in which such hand washing or hand cleansing facility is\\nlocated.\\n 4. Any operator of a petting zoo who fails to maintain a hand washing\\nor hand cleansing facility and proper signage in violation of this\\nsection shall be subject to a civil penalty in an amount of up to five\\nhundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-G", "title" : "Labeling of solder", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-G", "activeDate" : "2014-09-22", "sequenceNo" : 766, "repealedDate" : null, "fromSection" : "399-G", "toSection" : "399-G", "text" : " § 399-g. Labeling of solder. 1. No person, firm, or corporation shall\\nsell or offer for sale any solder unless there is printed on the package\\nin which such solder is sold or offered for sale a conspicuous notice\\nstating the percentage of lead contained in such solder. Any solder\\ncontaining more than two-tenths of one percent lead shall contain a\\nwarning label, prominently displayed, which states, \"Contains lead which\\nmay be harmful to your health. Not to be used for joints on potable\\nwater service piping.\"\\n 2. Any violation of this section shall be punishable by a civil\\npenalty not to exceed five hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-GG", "title" : "Packaging of electronic liquid", "docType" : "SECTION", "publishedDates" : [ "2015-01-02" ], "docLevelId" : "399-GG", "activeDate" : "2015-01-02", "sequenceNo" : 767, "repealedDate" : null, "fromSection" : "399-GG", "toSection" : "399-GG", "text" : " § 399-gg. Packaging of electronic liquid. 1. No person, firm or\\ncorporation shall sell or offer for sale any electronic liquid, as\\ndefined in paragraph (e) of subdivision one of section thirteen hundred\\nninety-nine-cc of the public health law, unless the electronic liquid is\\nsold or offered for sale in a child resistant bottle which is designed\\nto prevent accidental exposure of children to electronic liquids.\\n 2. Any violation of this section shall be punishable by a civil\\npenalty not to exceed one thousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-H", "title" : "Disposal of records containing personal identifying information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-H", "activeDate" : "2014-09-22", "sequenceNo" : 768, "repealedDate" : null, "fromSection" : "399-H", "toSection" : "399-H", "text" : " § 399-h. Disposal of records containing personal identifying\\ninformation. 1. Definitions. For the purposes of this section, the\\nfollowing words shall have the following meanings:\\n a. \"Dispose\" means to throw out or away or to get rid of and shall not\\ninclude a sale of a record or the transfer of a record for value;\\n b. \"Record\" means any information kept, held, filed, produced or\\nreproduced by, with or for a person or business entity, in any physical\\nform whatsoever including, but not limited to, reports, statements,\\nexaminations, memoranda, opinions, folders, files, books, manuals,\\npamphlets, forms, papers, designs, drawings, maps, photos, letters,\\nmicrofilms, or computer tapes or discs;\\n c. \"Personal information\" shall mean any information concerning a\\nnatural person which, because of name, number, personal mark, or other\\nidentifier, can be used to identify such natural person;\\n d. \"Personal identifying information\" shall mean personal information\\nconsisting of any information in combination with any one or more of the\\nfollowing data elements, when either the personal information or the\\ndata element is not encrypted, or encrypted with an encryption key that\\nis included in the same record as the encrypted personal information or\\ndata element:\\n (i) social security number;\\n (ii) driver's license number or non-driver identification card number;\\nor\\n (iii) mother's maiden name, financial services account number or code,\\nsavings account number or code, checking account number or code, debit\\ncard number or code, automated teller machine number or code, electronic\\nserial number or personal identification number;\\n e. \"Personal identification number\" means any number or code which may\\nbe used alone or in conjunction with any other information to assume the\\nidentity of another person or access financial resources or credit of\\nanother person.\\n 2. Disposal of records containing personal identifying information. No\\nperson, business, firm, partnership, association, or corporation, not\\nincluding the state or its political subdivisions, shall dispose of a\\nrecord containing personal identifying information unless the person,\\nbusiness, firm, partnership, association, or corporation, or other\\nperson under contract with the business, firm, partnership, association,\\nor corporation does any of the following:\\n a. shreds the record before the disposal of the record; or\\n b. destroys the personal identifying information contained in the\\nrecord; or\\n c. modifies the record to make the personal identifying information\\nunreadable; or\\n d. takes actions consistent with commonly accepted industry practices\\nthat it reasonably believes will ensure that no unauthorized person will\\nhave access to the personal identifying information contained in the\\nrecord.\\n Provided, however, that an individual person shall not be required to\\ncomply with this subdivision unless he or she is conducting business for\\nprofit.\\n 3. Penalties; disposal and use. Whenever there shall be a violation of\\nthis section, an application may be made by the attorney general in the\\nname of the people of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice, that the defendant has, in fact, violated this section an\\ninjunction may be issued by such court or justice enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. Whenever a court\\nshall determine that a violation of subdivision two of this section has\\noccurred, the court may impose a civil penalty of not more than five\\nthousand dollars. Acts arising out of the same incident or occurrence\\nshall constitute a single violation. It shall be an affirmative defense\\nto a violation of subdivision two of this section if the business can\\nshow that it used due diligence in its attempt to properly dispose of\\nsuch records.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-I", "title" : "Prohibit the sale of unsafe cribs and restrict use of such cribs in certain settings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-I", "activeDate" : "2014-09-22", "sequenceNo" : 769, "repealedDate" : null, "fromSection" : "399-I", "toSection" : "399-I", "text" : " § 399-i. Prohibit the sale of unsafe cribs and restrict use of such\\ncribs in certain settings. 1. For the purposes of this section, the\\nfollowing terms shall have the following meanings:\\n (a) \"Crib\" shall mean a bed or containment designated to accommodate\\nan infant.\\n (b) \"Distribute\" shall mean to deliver to a person other than the\\npurchaser, for the purpose of retail sale.\\n (c) \"Child care facility\" shall mean any place subject to section\\nthree hundred ninety of the social services law or article forty-seven\\nof the New York city health code as authorized by section five hundred\\nfifty-eight of the New York city charter.\\n (d) \"Place of public accommodation\" shall mean any inn, hotel, motel,\\nmotor court or other establishment that provides lodging to transient\\nguests. Such term shall not include an establishment treated as an\\napartment building for purposes of any state or local law or regulation\\nor an establishment located within a building that contains not more\\nthan five rooms for rent or hire and that is actually occupied as a\\nresidence by the proprietor of such establishment.\\n (e) \"Person\" shall mean a natural person, firm, corporation, limited\\nliability company, association, or an employee or agent of a natural\\nperson or an entity included in this definition.\\n (f) \"Unsafe crib\" shall mean any crib that does not conform to the\\nstandards endorsed or established by the federal Consumer Product Safety\\nCommission including, but not limited to, Title 16 of the Code of\\nFederal Regulations and the standards endorsed or established by ASTM\\nInternational (formerly known as the American Society for Testing and\\nMaterials), as follows:\\n (i) Part 1219 of Title 16 of the Code of Federal Regulations and any\\nregulations adopted to amend or supplement such part;\\n (ii) Part 1220 of Title 16 of the Code of Federal Regulations and any\\nregulations adopted to amend or supplement such part;\\n (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any\\nregulations adopted to amend or supplement such part; and\\n (iv) The following standards and specifications of ASTM International\\nfor corner posts of baby cribs and structural integrity of baby cribs\\nand any standards and specifications adopted to amend or supplement such\\nstandards:\\n (A) ASTM F 1169 (structural integrity of full-size baby cribs), and\\n (B) ASTM F 406 (non-full-size cribs).\\n 2. (a) No person shall import, manufacture, or distribute an unsafe\\ncrib.\\n (b) No retailer, as defined in subdivision eleven of section four\\nhundred ninety-a of this chapter, or secondhand dealer, as defined in\\nsubdivision six of section four hundred ninety-a of this chapter, shall\\nsell, lease or otherwise make available an unsafe crib.\\n 3. (a) On or after December twenty-eighth, two thousand thirteen, no\\nchild care facility or place of public accommodation shall use or have\\non the premises an unsafe crib. This subdivision shall not apply to an\\nantique or collectible crib if it is not used by, or accessible to, any\\nchild in the child care facility or place of public accommodation.\\n (b) The office of children and family services, in consultation with\\nthe New York city department of health and mental hygiene, shall notify\\nchild care facilities of the provisions of this subdivision in plain,\\nnon-technical language that will enable each child care facility to\\neffectively inspect and identify unsafe cribs. Such notice shall be\\ngiven to every child care facility upon the effective date of this\\nsection or as soon as practicable thereafter, and such notice shall also\\nbe given to each applicant for license or registration pursuant to\\nsection three hundred ninety of the social services law.\\n (c) The office of children and family services shall promulgate rules\\nand regulations to carry out the provisions of this subdivision, with\\nrespect to unsafe cribs in child care facilities.\\n 4. Whenever there shall be a violation of subdivision two of this\\nsection an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by the court or\\njustice, enjoining and restraining any further violations, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of subdivision two of this section has occurred, the court may\\nimpose a civil penalty of not more than one thousand dollars for each\\nviolation. Each sale of an unsafe crib in violation of this section\\nshall constitute a separate violation. In connection with any such\\nproposed application, the attorney general is authorized to take proof\\nand make a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n 5. If any provision of this section or the application thereof to any\\nperson or circumstances is held unconstitutional, such invalidity shall\\nnot affect other provisions or applications of this section which can be\\ngiven effect without the invalid provision or application, and to this\\nend the provisions of this section are severable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-II", "title" : "Furniture tip restraint device", "docType" : "SECTION", "publishedDates" : [ "2019-08-16", "2019-11-15" ], "docLevelId" : "399-II", "activeDate" : "2019-11-15", "sequenceNo" : 770, "repealedDate" : null, "fromSection" : "399-II", "toSection" : "399-II", "text" : " * § 399-ii. Furniture tip restraint device. 1. As used in this\\nsection:\\n (a) \"furniture\" shall mean a clothing storage unit that is\\nfreestanding and at least twenty-seven inches in height including but\\nnot limited to chests, dressers, armoires, and bureaus; and\\n (b) \"tip restraint device\" shall mean a mechanism that is designed to\\nreduce the risk of furniture tipping over. Such mechanism may include\\nstraps, wall brackets, steel cables, or plug and screw sets.\\n 2. No person, firm, partnership, association, limited liability\\ncompany, corporation, or other entity shall sell or offer to sell new\\nfurniture to a consumer at retail unless the furniture conforms to\\nstandards endorsed or established by the federal Consumer Product Safety\\nCommission or, if no such standard exists, a standard established by\\nASTM International which requires furniture to contain a tip restraint\\ndevice and carry a permanent warning label, including but not limited\\nto, ASTM F2057.\\n 3. A person, firm, partnership, association, limited liability\\ncompany, corporation, or other entity may sell or offer to sell new\\nfurniture that does not meet the requirements in subdivision two of this\\nsection if the furniture sold is outside the scope of the standards\\nprescribed in subdivision two of this section and contains a compatible\\ntip restraint device and carries a permanent warning label, or if the\\nfurniture is outside the scope of the standards prescribed in\\nsubdivision two of this section and the retailer: (a) maintains in stock\\nand prominently displays within the store tip restraint devices\\navailable for sale that are compatible with such furniture; and (b)\\nposts a notice, in a conspicuous location which may be easily seen or\\nreached by customers, that, in legible format, states: \"Certain\\nfurniture may become unstable and tip over, leading to possible injury\\nor death. Tip restraint devices may prevent tipping of furniture when\\nproperly installed.\"\\n 4. Any person, firm, partnership, association, limited liability\\ncompany, corporation, or other entity that sells or offers to sell new\\nfurniture to a consumer at retail in violation of the provisions of this\\nsection shall be liable for a civil penalty not to exceed five hundred\\ndollars for each violation.\\n * NB There are 2 § 399-ii's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-II*2", "title" : "Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings", "docType" : "SECTION", "publishedDates" : [ "2019-08-16", "2019-10-18" ], "docLevelId" : "399-II*2", "activeDate" : "2019-10-18", "sequenceNo" : 771, "repealedDate" : null, "fromSection" : "399-II*2", "toSection" : "399-II*2", "text" : " * § 399-ii. Prohibit the sale of crib bumper pads and restrict use of\\nsuch pads in certain settings. 1. For the purposes of this section: (a)\\n\"Crib\" shall mean a bed or containment designated to accommodate an\\ninfant.\\n (b) \"Crib bumper pads\" shall mean a pad or pads of a non-mesh material\\nresting directly above the mattress in a crib, running the surface area\\nof the crib or along the length of any of the interior sides of the\\ncrib. \"Crib bumper pad\" does not include mesh liners.\\n (c) \"Distributor\" shall mean any person who delivers to a person other\\nthan the purchaser, for the purpose of retail sale.\\n (d) \"Manufacturer\" shall mean any person who makes and places into the\\nstream of commerce a bumper pad as defined by this section.\\n (e) \"Retailer\" shall have the same meaning as set forth in subdivision\\neleven of section four hundred ninety-a of this chapter.\\n (f) \"Secondhand dealer\" shall have the same meaning as set forth in\\nsubdivision six of section four hundred ninety-a of this chapter.\\n (g) \"Child care facility\" shall mean any child day care provider as\\ndefined in section three hundred ninety of the social services law or\\nchild care program as defined in article forty-seven of the New York\\ncity health code as authorized by section five hundred fifty-eight of\\nthe New York city charter.\\n (h) \"Place of public accommodation\" shall mean any inn, hotel, motel,\\nmotor court or other establishment that provides lodging to transient\\nguests. Such term shall not include an establishment treated as an\\napartment building for purposes of any state or local law or regulation\\nor an establishment located within a building that contains not more\\nthan five rooms for rent or hire and that is actually occupied as a\\nresidence by the proprietor of such establishment.\\n (i) \"Person\" shall mean a natural person, firm, corporation, limited\\nliability company, association, or an employee or agent of a natural\\nperson or an entity included in this definition.\\n 2. No manufacturer, importer, distributor, wholesaler, retailer or\\nsecondhand dealer shall sell, lease, offer for sale, or offer for lease\\nin this state any crib bumper pad as an accessory to a crib or as a\\nseparate item.\\n 3. (a) On or after the effective date of this section, no child care\\nfacility or place of public accommodation shall use or have on the\\npremises any crib bumper pads unless a medical professional has\\ndetermined that use of crib bumper pads is medically necessary for a\\nparticular child using a crib in such child care facility or place of\\npublic accommodation.\\n (b) The office of children and family services, in consultation with\\nthe city of New York department of health and mental hygiene, shall\\nnotify child care facilities of the provisions of this subdivision in\\nplain, non-technical language. Such notice shall be given to every child\\ncare facility upon the effective date of this section or as soon as\\npracticable thereafter, and such notice shall also be given to each\\napplicant for license or registration pursuant to section three hundred\\nninety of the social services law.\\n (c) The office of children and family services shall promulgate rules\\nand regulations to carry out the provisions of this subdivision, with\\nrespect to the ban on crib bumper pads in child care facilities.\\n 4. Whenever there shall be a violation of subdivision two of this\\nsection an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by the court or\\njustice, enjoining and restraining any further violations, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of subdivision two of this section has occurred, the court may\\nimpose a civil penalty of not more than five hundred dollars for each\\nviolation. Each sale of a crib bumper pad in violation of this section\\nshall constitute a separate violation. In connection with any such\\nproposed application, the attorney general is authorized to take proof\\nand make a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n 5. If any provision of this section or the application thereof to any\\nperson or circumstance is held unconstitutional, such invalidity shall\\nnot affect other provisions or applications of this section which can be\\ngiven effect without the invalid provision or application, and to this\\nend the provisions of this section are severable.\\n * NB There are 2 § 399-ii's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-J", "title" : "Safety standards; moveable soccer goals", "docType" : "SECTION", "publishedDates" : [ "2014-11-28", "2015-05-22" ], "docLevelId" : "399-J", "activeDate" : "2015-05-22", "sequenceNo" : 772, "repealedDate" : null, "fromSection" : "399-J", "toSection" : "399-J", "text" : " § 399-j. Safety standards; moveable soccer goals. 1. The department of\\nstate, in consultation with the office of parks, recreation and historic\\npreservation, shall promulgate rules and regulations establishing safety\\nstandards for anchoring, securing and counter-weighting a moveable\\nsoccer goal. Such regulations shall substantially comply with the\\nguidelines for moveable soccer goal safety produced by the United States\\nconsumer product safety commission or any successor commission or\\nagency. For the purposes of this section, the term \"moveable soccer\\ngoal\" shall mean a freestanding structure consisting of at least two\\nupright posts, a crossbar, and support bars that is designed:\\n (a) to be used by adults or children for the purposes of a soccer\\ngoal;\\n (b) to be used without any other form of support or restraint other\\nthan pegs, stakes, or other forms of temporary anchoring device; and\\n (c) to be able to be moved to different locations.\\n 2. No person, firm, corporation, or other legal entity which erects a\\nmoveable soccer goal shall erect in this state such moveable soccer goal\\nunless such goal shall be erected in the manner required by those rules\\nand regulations promulgated pursuant to this section; provided however,\\nthat moveable soccer goals erected upon one, two and three-family\\nresidential real property shall be exempt from the requirements of this\\nsection.\\n 3. Whenever the attorney general shall believe from evidence\\nsatisfactory to him or her that any person, firm, corporation or\\nassociation or agent or employee thereof has violated any provision of\\nthis section, he or she may bring an action in the supreme court of the\\nstate of New York for a judgment enjoining the continuance of such\\nviolation and for a civil penalty of not more than five hundred dollars\\nfor each violation. If it shall appear to the satisfaction of the court\\nor justice that the defendant has knowingly violated any provision of\\nthis section, no proof shall be required that any person has been\\ninjured thereby nor that the defendant knowingly or intentionally\\nviolated such provision. In such action preliminary relief may be\\ngranted under article sixty-three of the civil practice law and rules.\\nBefore any violation of this section is sought to be enjoined, the\\nattorney general shall be required to give the person against whom such\\nproceeding is contemplated notice by certified mail and an opportunity\\nto show in writing within five business days after receipt of notice why\\nproceedings should not be instituted against such person, unless the\\nattorney general shall find, in any case in which he or she seeks\\npreliminary relief, that to give such notice and opportunity is not in\\nthe public interest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-M", "title" : "Disclosures in advertisement and sale of unassembled goods", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-M", "activeDate" : "2014-09-22", "sequenceNo" : 773, "repealedDate" : null, "fromSection" : "399-M", "toSection" : "399-M", "text" : " § 399-m. Disclosures in advertisement and sale of unassembled goods.\\n1. For the purposes of this section, unassembled merchandise shall mean\\ngoods, wares or other merchandise which is comprised of more than six\\nseparate parts or units other than nuts, bolts, screws or other similar\\ndevices used to connect or fasten, which is sold unassembled, and which\\nis manufactured on or after January first, nineteen hundred seventy-six.\\n 2. No person, firm, partnership, association or corporation or agent\\nor employee thereof shall sell or offer for sale merchandise which is\\nunassembled unless a sign placed in close proximity to the merchandise,\\nor the box or other container in which the merchandise is offered for\\nsale has thereon a notice in English, which sets forth (a) a statement\\nthat the merchandise must be assembled prior to use; (b) a listing of\\ntools necessary for assembly or use; and (c) a listing of any additional\\nparts not supplied by the seller or manufacturer, necessary for assembly\\nor use; and the box or other container contains simple, clear and\\naccurate instructions for assembly and use in English. For the purposes\\nof the foregoing, a sign placed in close proximity to the merchandise\\nshould be clear and conspicuous and a notice indicated on or affixed to\\na box or other container in which the merchandise is offered for sale\\nshall be printed in not less than twelve-point bold face type.\\n Where notice required by this section is given by a sign placed in\\nclose proximity to the merchandise, as provided herein, the retail\\npurchaser shall have the right to return the merchandise within a\\nreasonable period of time and not unduly worn or damaged for a full\\nrefund.\\n 3. No person, firm, partnership, association or corporation or agent\\nor employee thereof shall sell or offer for sale at retail, merchandise\\nwhich is unassembled but is on display in an assembled condition unless\\na sign indicating that the product must be assembled is prominently\\nplaced in close proximity to the display.\\n 4. No person, firm, partnership, association or corporation or agent\\nor employee thereof shall advertise for sale at retail any merchandise\\nwhich is unassembled unless said advertisement prominently sets forth\\nthe fact that the merchandise is unassembled and must be assembled prior\\nto use.\\n 5. A violation of this section shall entitle the buyer to cancel or\\nrescind the purchase and obtain a refund of the entire amount paid by\\nhim.\\n 6. Whenever there shall be a violation of this section, an application\\nmay also be made by the attorney general in the name of the people of\\nthe state of New York to a court or justice having jurisdiction to issue\\nan injunction, and upon notice to the defendant of not less than five\\ndays, to enjoin and restrain the continuance of such violation; and if\\nit shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n 7. The provisions of this section shall not apply to unassembled model\\nkits and toy and hobby products, the primary purpose of which is\\nassembly by the consumer as a recreational activity.\\n 8. The requirement of this section to provide notice, on the package\\nin which merchandise is offered for sale, or by a sign in close\\nproximity to the merchandise, that such merchandise is unassembled shall\\nnot apply to merchandise which is purchased for the purpose of being\\nconnected to or installed in conjunction with other property, real or\\npersonal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-N", "title" : "Approval of electrical devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-N", "activeDate" : "2014-09-22", "sequenceNo" : 774, "repealedDate" : null, "fromSection" : "399-N", "toSection" : "399-N", "text" : " § 399-n. Approval of electrical devices. Whenever electrical devices\\nor electrical wiring or electrical apparatus are required to be approved\\nby underwriters laboratories for fire safety by any statute, law, rule\\nor regulation, of the state or any municipality thereof, approval by any\\nqualified laboratory or testing organization that tests for fire safety\\nin the state of New York will be deemed to be satisfaction of such\\nrequirement. For the purposes of this section, a qualified laboratory or\\ntesting organization is one which meets the criteria of (1) the American\\nSociety for Testing Materials test E548-76, or (2) any rules or\\nregulations relating thereto that may be promulgated by the department\\nof state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-O", "title" : "Selling prices and container deposits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-O", "activeDate" : "2014-09-22", "sequenceNo" : 775, "repealedDate" : null, "fromSection" : "399-O", "toSection" : "399-O", "text" : " § 399-o. Selling prices and container deposits. Every person, firm,\\npartnership, corporation or association which sells, offers for sale, or\\nexposes for sale at retail an item for which the seller is required by\\nstate or local law, ordinance or rule, to collect from the purchaser a\\nrefundable deposit on beverage containers, shall not include the cost of\\nthe mandated deposit when displaying the selling price of the item\\nthrough item pricing tags, point-of-sale signs, advertisements, or any\\nother means by which consumers might be informed of the cost of the\\nitem. Nothing in this section shall prevent the seller from separately\\nindicating the amount of the deposit provided, however, that the deposit\\nis excluded from the indicated total cost and it is appropriately\\nidentified as a deposit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-OO", "title" : "Deceptive solicitation of vehicle warranty policies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-OO", "activeDate" : "2014-09-22", "sequenceNo" : 776, "repealedDate" : null, "fromSection" : "399-OO", "toSection" : "399-OO", "text" : " § 399-oo. Deceptive solicitation of vehicle warranty policies. 1. It\\nshall be unlawful for any person, firm or corporation to directly or\\nindirectly represent in any manner, whether by written solicitation or\\ntelemarketing, a false, deceptive or misleading statement in regard to:\\n a. such person's, firm's or corporation's affiliation with a vehicle\\nowner's current warranty policy provider;\\n b. such person's, firm's or corporation's possession of information\\nregarding such vehicle owner's warranty policy;\\n c. the expiration of such vehicle owner's warranty policy; or\\n d. a requirement that such vehicle owner register for a new warranty\\npolicy with such person, firm or corporation in order to maintain\\ncoverage of such vehicle owner's current warranty policy.\\n 2. Wherever there shall be a violation of this article, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin or restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. Whenever the court\\nshall determine that a violation of this section has occurred, the court\\nmay impose a civil penalty of five hundred dollars for each violation.\\nThe court may impose a civil penalty of one thousand dollars for each\\nviolation, if the court finds the defendant knowingly violated this\\nsection. In connection with any such proposed application, the attorney\\ngeneral is authorized to take proof and make a determination of the\\nrelevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n 3. Nothing in this section shall in any way limit rights or remedies\\nwhich are otherwise available under law to the attorney general.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-P", "title" : "Telemarketing; use of automatic dialing-announcing devices and placement of consumer telephone calls", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-P", "activeDate" : "2014-09-22", "sequenceNo" : 777, "repealedDate" : null, "fromSection" : "399-P", "toSection" : "399-P", "text" : " § 399-p. Telemarketing; use of automatic dialing-announcing devices\\nand placement of consumer telephone calls. 1. Definitions. As used in\\nthis section, the following terms shall have the following meanings:\\n (a) \"automatic dialing-announcing device\" means any automatic\\nequipment which incorporates a storage capability of telephone numbers\\nto be called and is used, working alone or in conjunction with other\\nequipment, to disseminate a prerecorded message to the telephone number\\ncalled without the use of an operator;\\n (b) \"person\" means any natural person, firm, organization,\\npartnership, association or corporation, or other entity, whether\\nfor-profit or not-for-profit;\\n (c) \"consumer\" means a natural person who is solicited to purchase,\\nlease or receive a good or service for personal, family or household\\nuse;\\n (d) \"consumer telephone call\" means a call made to a telephone number\\nby a telephone solicitor, whether by device, live operator, or any\\ncombination thereof, for the purpose of soliciting a sale of any\\nconsumer goods or services for personal, family or household purposes to\\nthe consumer called, or for the purpose of soliciting an extension of\\ncredit for consumer goods or services to the consumer called, or for the\\npurpose of obtaining information that will or may be used for the direct\\nsolicitation of a sale of consumer goods or services to the consumer\\ncalled or an extension of credit for such purposes; provided, however,\\nthat \"consumer telephone call\" shall not include a call made by a\\ntelephone corporation, as defined by subdivision seventeen of section\\ntwo of the public service law, in response to a specific inquiry\\ninitiated by a consumer regarding that consumer's existing or requested\\ntelephone service; and\\n (e) \"telephone solicitor\" means a person who makes or causes to be\\nmade a consumer telephone call.\\n 2. No person shall operate an automatic dialing-announcing device, nor\\nplace any consumer telephone call, except in accordance with the\\nprovisions of this section. The use of such device by any person, either\\nindividually or acting as an officer, agent, or employee of a person\\noperating automatic dialing-announcing devices, is subject to the\\nprovisions of this section.\\n 3. Whenever telephone calls are placed through the use of an automatic\\ndialing-announcing device, such device shall do all of the following:\\n (a) state at the beginning of the call the nature of the call and the\\nname of the person or on whose behalf the message is being transmitted\\nand at the end of such message the address, and telephone number of the\\nperson on whose behalf the message is transmitted, provided such\\ndisclosures are not otherwise prohibited or restricted by any federal,\\nstate or local law; and\\n (b) disconnect the automatic dialing-announcing device from the\\ntelephone line upon the termination of the call by either the person\\ncalling or the person called.\\n 4. No person shall operate an automatic dialing-announcing device\\nwhich uses a random or sequential number generator to produce a number\\nto be called.\\n 5. No automatic dialing-announcing device shall be used to call and no\\nconsumer telephone call shall be placed to an emergency telephone line\\nincluding but not limited to any 911 or E-911 line, or any emergency\\nline of any volunteer fire company or fire department; any emergency\\nmedical service, ambulance service, voluntary ambulance service or\\nhospital ambulance service as defined in section three thousand one of\\nthe public health law; any hospital, nursing home, or residential health\\ncare facility as defined in section twenty-eight hundred one of the\\npublic health law; any adult care facility as defined in section two of\\nthe social services law; or any law enforcement agency or to the\\ntelephone line of any guest room or patient room of any hospital,\\nnursing home, or residential health care facility as defined in section\\ntwo thousand eight hundred one of the public health law, or any adult\\ncare facility as defined by section two of the social services law. It\\nshall not constitute a violation of this subdivision if the person who\\nplaces such a call can affirmatively establish that the call was placed\\ninadvertently despite good faith efforts on the part of such person to\\ncomply with the provisions of this section and such person has\\nimplemented a procedure to prevent subsequent calls from being placed to\\na particular prohibited telephone number.\\n 6. A telephone solicitor shall not make a consumer telephone call to a\\nconsumer unless the telephone solicitor conforms with subparagraph one\\nof paragraph b of subdivision six of section three hundred\\nninety-nine-pp of this article. Nothing contained herein shall be deemed\\nto limit, annul, alter, or affect the provisions of subdivision three of\\nthis section.\\n 6-a. No telephone solicitor or person who places any consumer\\ntelephone call or who operates an automatic dialing-announcing device\\nand no employer of any such telephone solicitor or person shall\\nintentionally cause to be installed, or shall intentionally utilize, any\\nblocking device or service to prevent the name and/or telephone number\\nof such solicitor or person, or the name and/or telephone number of his\\nor her employer, from being displayed on a caller identification device\\nof the recipient of any such consumer telephone call. A violation of\\nthis subdivision shall be subject to the provisions of subdivision eight\\nof this section.\\n 7. (a) Federal, state or local municipalities, or any subdivision\\nthereof, using an automatic dialing-announcing device for emergency\\npurposes shall be exempted from the provisions of this section.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, any entity which operates a telephone warning or alert\\nsystem which utilizes any such device for emergency purposes shall also\\nbe exempted from the provisions of this section.\\n 8. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice, that the\\ndefendant has, in fact, violated this section an injunction may be\\nissued by such court or justice enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of subdivision three, four or five of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan two thousand dollars per call, up to a total of not more than\\ntwenty thousand dollars, for calls placed in violation of such\\nsubdivisions within a continuous seventy-two hour period. Whenever the\\ncourt shall determine that a violation of subdivision six of this\\nsection, or a violation of subdivision six-a of this section, has\\noccurred, the court may impose a civil penalty of not more than two\\nthousand dollars. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n 9. In addition to the right of action granted to the attorney general\\npursuant to this section, any person who has received a telephone call\\nin violation of subdivision three, four or five of this section may\\nbring an action in his own name to enjoin such unlawful act or practice,\\nan action to recover his actual damages or fifty dollars, whichever is\\ngreater, or both such actions. The court may, in its discretion,\\nincrease the award of damages to an amount not to exceed three times the\\nactual damages up to one thousand dollars, if the court finds the\\ndefendant willfully or knowingly violated such subdivisions. The court\\nmay award reasonable attorney's fees to a prevailing plaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-PP", "title" : "Telemarketing and consumer fraud and abuse prevention act", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2017-03-17", "2017-08-25", "2019-12-20", "2024-11-29" ], "docLevelId" : "399-PP", "activeDate" : "2019-12-20", "sequenceNo" : 778, "repealedDate" : null, "fromSection" : "399-PP", "toSection" : "399-PP", "text" : " § 399-pp. Telemarketing and consumer fraud and abuse prevention act.\\n1. Legislative findings and declaration. The legislature finds and\\ndeclares that the prevention of deceptive and unfair practices in\\nassociation with telemarketing is in the public interest and subject to\\nthe authority of appropriate political subdivisions of the state for the\\npurpose of protecting the public against fraud, deception and other\\nabuses. The legislature intends that the federal telemarketing and\\nconsumer fraud and abuse prevention act (P.L. 103-297) be fully\\nenforceable by appropriate state and local enforcement officials.\\n The legislature further declares that additional requirements\\napplicable to the telemarketing industry not present in the federal\\nstatute are necessary to protect residents of the state and others from\\ntelemarketing abuses. The legislature therefore intends that provisions\\nin this section which differ from the aforementioned federal act and\\nother New York state laws regulating telemarketing be construed whenever\\nreasonable as providing additional protections to victims of\\ntelemarketing fraud.\\n 2. Definitions. As used in this section, the following terms shall\\nhave the following meanings:\\n a. \"Applicant\" means a person seeking a certificate of registration or\\nto renew a certificate of registration under this section.\\n b. \"Customer\" means any person who is or may be required to pay for or\\nto exchange consideration for goods and services offered through\\ntelemarketing.\\n c. \"Goods or services\" means any goods or services, and shall include\\nany real property or any tangible or intangible personal property or\\nservices of any kind.\\n d. \"Investment opportunity\" means anything tangible or intangible,\\nthat is offered for sale, sold, or traded based wholly or in part on\\nrepresentations, either express or implied, about past, present, or\\nfuture income, profit, or appreciation.\\n e. \"Person\" means any natural person, association, partnership, firm,\\ncorporation and its affiliates or subsidiaries or other business entity.\\n f. \"Premium\" means anything offered or given, independent of chance,\\nto customers as an incentive to purchase or otherwise contract for goods\\nor services offered through telemarketing.\\n g. \"Principal\" means any person participating in or responsible for\\nthe management of a telemarketer's business, whether or not the position\\nis compensated, including but not limited to an owner in the case of a\\nsole proprietorship, an officer, director or stockholder holding more\\nthan ten percent of the outstanding stock in the case of a corporation,\\na partner in the case of a partnership, and a manager or member in the\\ncase of a limited liability company.\\n h. \"Prize\" means anything offered or purportedly offered and given or\\npurportedly given to a person by chance. For purposes of this\\ndefinition, chance exists if a person is guaranteed to receive an item\\nand, at the time of the offer or purported offer, the telemarketer does\\nnot identify the specific item that the person will receive.\\n i. \"Prize promotion\" means a sweepstakes or other game of chance or an\\noral or written, express or implied representation that a person has\\nwon, has been selected to receive or is eligible or may be eligible to\\nreceive a prize or purported prize.\\n j. \"Telemarketer\" means any person, who, for financial profit or\\ncommercial purposes in connection with telemarketing, either initiates,\\nor initiates and receives telephone calls to or from a customer when the\\ncustomer is in this state or any person who directly controls or\\nsupervises the conduct of a telemarketer. For the purposes of this\\nsection, \"commercial purposes\" shall mean the sale or offer for sale of\\ngoods and services.\\n k. \"Telemarketing\" means any plan, program or campaign which is\\nconducted to induce payment or the exchange of any other consideration\\nfor any goods or services by use of one or more telephones and which\\ninvolves more than one telephone call by a telemarketer in which the\\ncustomer is located within the state at the time of the call.\\nTelemarketing does not include the solicitation of sales through any\\nmedia other than by telephone calls.\\n l. \"Secretary\" shall mean the secretary of state.\\n m. \"Department\" shall mean the department of state.\\n n. \"Caller identification information\" means information provided by a\\ncaller identification service regarding the telephone number and name of\\nthe person calling.\\n o. \"Caller identification service\" means a service that allows a\\ntelephone subscriber to have the telephone number, and, where available,\\nname of the calling party transmitted contemporaneously with the\\ntelephone call, and displayed on a device in or connected to the\\nsubscriber's telephone.\\n 3. Registration of telemarketers. a. No person shall act as a\\ntelemarketer without first having received a certificate of registration\\nfrom the secretary as provided in this section. Employees of\\ntelemarketers shall be exempt from the requirements of this paragraph\\nand paragraph b of this subdivision.\\n b. No person required to register pursuant to paragraph a of this\\nsubdivision shall act as a telemarketer without holding a valid\\ncertificate of registration from the secretary as provided in this\\nsection.\\n c. Any applicant shall file with the department an application for a\\ncertificate of registration in such form and containing such information\\nas the secretary shall prescribe, including the following:\\n (1) the applicant's name, address and telephone number;\\n (2) each business name under which the applicant engages in or intends\\nto engage in telemarketing, if such name is different than the\\napplicant's;\\n (3) the complete street address and primary telephone number of each\\nlocation, designating the principal location, from which the applicant\\nengages in or intends to engage in telemarketing, including each\\nlocation at which mail will be received by or on behalf of the\\napplicant, and identifying any such location that is a post office box\\nor mail drop;\\n (4) the name, address and telephone number of each principal of the\\nbusiness;\\n (5) whether the applicant or any principal thereof has been convicted\\nor plead guilty to or is being prosecuted by indictment or information\\nfor racketeering, violations of securities laws, or a theft offense of\\nany state, or the United States;\\n (6) whether any injunction or judgment has been entered into against\\nthe applicant or any principal, or such applicant or principal has\\nentered into a settlement agreement, assurance of discontinuance,\\nconsent decree or any similar instrument in any civil action involving\\ntheft, racketeering, embezzlement, conversion, misappropriation of\\nproperty, fraud, or deceptive, unfair, illegal or unconscionable trade\\npractices, and whether any civil action involving such practices is\\ncurrently pending, to the extent not inconsistent with any existing\\ncourt orders; and\\n (7) whether the license to engage in any business, trade or profession\\nof the applicant or any principal thereof has been refused, suspended or\\nrevoked in any jurisdiction.\\n d. Upon receipt of the completed application for registration and\\nrequired fee, and unless such certificate of registration has been\\ndenied as provided in subdivision five of this section, the secretary\\nshall issue and deliver to the applicant a certificate in such form and\\nmanner as the secretary shall prescribe, but which must set forth the\\napplicant's name, business address, and the effective term of the\\nregistration. A registration certificate issued or renewed under the\\nprovisions of this section shall entitle a person to act as a registered\\ntelemarketer for a period of two years from the effective date of the\\nregistration.\\n e. Any registration granted under this section may be renewed by the\\nsecretary upon application by the holder thereof, in such form as the\\nsecretary may prescribe. The secretary shall have the authority to\\nassign staggered expiration dates for licenses at the time of renewal.\\nIf the assigned date results in a term that exceeds two years, the\\napplicant shall pay an additional pro-rata adjustment together with the\\nfee prescribed in paragraph f of this subdivision.\\n f. Each application for a certificate of registration shall be\\naccompanied by a fee of five hundred dollars, which shall not be\\nrefundable.\\n g. The fees collected pursuant to this subdivision shall be deposited\\nto the credit of the business and licensing services account established\\npursuant to the provisions of section ninety-seven-y of the state\\nfinance law.\\n h. Any person holding a certificate of registration shall be required\\nto provide notice of any change in the information required of\\napplicants by this section, in such form and manner, and within such\\ntime period as the secretary shall prescribe.\\n i. No person required to be registered under this subdivision shall be\\nentitled to enforce any agreement or seek any consideration or any other\\npayment for goods and services offered through telemarketing unless such\\nperson is in compliance with this subdivision and subdivision four of\\nthis section.\\n j. The secretary shall prescribe rules and regulations to administer\\nthis subdivision and subdivision four of this section.\\n 4. Bonding of telemarketers. a. Any applicant shall, at the time of\\nany original application for a certificate of registration, file with\\nthe secretary, in the form and amount as prescribed in this subdivision\\nand satisfactory to the secretary:\\n (1) A bond with a corporate surety, from a company authorized to do\\nbusiness in this state; or\\n (2) An irrevocable letter of credit or a certificate of deposit from a\\nNew York state or federally chartered bank, trust company, savings bank\\nor savings and loan association qualified to do business in New York\\nstate and insured by the federal deposit insurance corporation.\\n b. Such bond, letter of credit, or certificate of deposit shall be\\nmaintained for three years from the date the telemarketer ceases\\ntelemarketing, or three years from the date the certificate of\\nregistration terminates, whichever is earlier.\\n c. The principal sum of the bond, letter of credit, or certificate of\\ndeposit shall be twenty-five thousand dollars, which shall be maintained\\nuntil the period specified in paragraph b of this subdivision, subject\\nto paragraph g of this subdivision.\\n d. The bond, letter of credit or certificate of deposit shall be\\npayable in favor of the people of the state of New York for the benefit\\nof any customer injured as a result of a violation of this section,\\npursuant to a determination of any court of competent jurisdiction\\npursuant to this section, or article ten-B of the personal property law.\\n e. The aggregate liability of the surety upon the bond or the banking\\norganization upon the letter of credit or certificate of deposit to all\\npersons for all breaches of the conditions of the bond shall in no event\\nexceed the amount of the bond, letter of credit or certificate of\\ndeposit.\\n f. The bond, letter of credit or certificate of deposit shall not be\\ncanceled, revoked, diminished or terminated except after notice to, and\\nwith the consent of, the secretary at least forty-five days in advance\\nof such cancellation, revocation, or termination. Unless the bond is\\nreplaced by another bond, letter of credit or certificate of deposit in\\nconformity with this subdivision prior to the expiration of the\\nforty-five day period, the registration of the telemarketer shall be\\ntreated as terminated as of the cancellation, revocation or termination\\nof the bond.\\n g. The registration of the telemarketer shall be treated as terminated\\nas of the date the amount of the bond, letter of credit or certificate\\nof deposit falls below the amount required by this subdivision.\\n h. Any change in ownership of a telemarketer shall not release, cancel\\nor terminate liability under this subdivision under any bond, letter of\\ncredit, or certificate of deposit filed for any telemarketer as to any\\ncustomer who was injured as a result of a violation of this section or\\narticle ten-B of the personal property law while such bond, letter of\\ncredit or certificate of deposit was in effect unless such transferee,\\npurchaser, successor or assignee of such telemarketer obtains a bond,\\nletter of credit or certificate of deposit under this subdivision for\\nthe benefit of such customer. Nothing in this paragraph shall be\\nconstrued to authorize any telemarketer to cancel any bond, letter of\\ncredit, or certificate of deposit where such cancellation is not\\notherwise authorized by this subdivision.\\n 5. Refusal to issue, suspension, and revocation of registration. a.\\nThe secretary, or any person deputized or so designated by him or her\\nmay deny the application of any person for a certificate of\\nregistration, refuse to issue a renewal thereof, suspend or revoke such\\ncertificate or in lieu thereof assess a fine not to exceed one thousand\\ndollars per violation, if he or she determines that such applicant, or\\nany of its principals:\\n (1) has made a material false statement or omitted a material fact in\\nconnection with an application under this section;\\n (2) was the former holder of a certificate of registration issued\\nhereunder which the secretary revoked, suspended, or refused to renew;\\n (3) has failed to furnish satisfactory evidence of good character,\\nreputation and fitness;\\n (4) with respect to the applicant, is not the true owner of the\\ntelemarketer, except in the case of a franchise;\\n (5) is in violation of or has violated any of the following statutes\\nand the regulations thereunder, as such statutes and regulations may\\nfrom time to time be amended:\\n (a) this section;\\n (b) article ten-B of the personal property law;\\n (c) the act of congress entitled the \"telemarketing and consumer fraud\\nand abuse prevention act\" (P.L. 103-297);\\n (6) has been convicted or plead guilty to or is being prosecuted by\\nindictment or information for racketeering, violations of securities\\nlaws, or a theft offense of this state, or the United States;\\n (7) has had any injunction or judgment entered against him or her in\\nany civil action, or such applicant or principal has entered into a\\nsettlement agreement, assurance of discontinuance, consent decree or any\\nsimilar instrument involving theft, racketeering, embezzlement,\\nconversion, misappropriation of property, fraud or deceptive, unfair,\\nillegal or unconscionable trade practices;\\n (8) has had a license or registration to engage in any business,\\noccupation or profession suspended or revoked in any jurisdiction which\\nmay impact upon the applicant's fitness for registration under this\\nsection; or\\n (9) has committed, or is committing deceptive, unfair, illegal or\\nunconscionable trade practices in violation of the laws of this or any\\nother state or the United States.\\n b. Any proceeding conducted pursuant to paragraph a of this\\nsubdivision shall be subject to the state administrative procedure act.\\n 6. Deceptive telemarketing acts and practices. a. It shall be unlawful\\nfor any telemarketer to directly or indirectly engage in the following\\nconduct:\\n (1) fail to furnish a copy of the certificate of registration at the\\nrequest of any interested party;\\n (2) present or attempt to present, as their own, the registration\\ncertificate of another;\\n (3) give false or misleading information;\\n (4) misrepresent himself or herself to be registered;\\n (5) use or attempt to use a registration certificate which has been\\nrevoked, suspended or is otherwise not valid;\\n (6) advertise telemarketing services without having a valid\\ncertificate of registration under this section;\\n (7) represent in any manner that his or her registration constitutes\\napproval or endorsement of any governmental agency;\\n (8) assist or support any person when the telemarketer or any\\nidentified employee knew or should have known that the person was\\nengaged in an act or practice in violation of this section or article\\nten-B of the personal property law;\\n (9) request a fee in advance to remove adverse information or modify\\nadverse information to improve a person's credit history or credit\\nrecord;\\n (10) except for an attorney engaged in the practice of law, request or\\nreceive payment in advance from a person to recover or otherwise aid in\\nthe return of money or any other item lost by the customer in a prior\\ntelemarketing transaction;\\n (11) obtain or submit for payment a check, draft, or other form of\\nnegotiable paper drawn on a person's checking, savings, share, or\\nsimilar account, without that person's express written authorization;\\n (12) procure the services of any professional delivery, courier or\\nother pickup service to obtain receipt or possession of a customer's\\npayment, unless the goods or services are delivered with the reasonable\\nopportunity to inspect before any payment is collected; or\\n (13) misrepresent, directly or by implication, that a premium is a\\nprize.\\n b. Telemarketers shall provide all of the following information, in a\\nclear and coherent manner using words with common and everyday meanings,\\nwhen making a telemarketing call:\\n (1) at the beginning of the call and prior to any request by the\\ncaller of the customer to release or disclose any of the customer's\\npersonal or financial information, including but not limited, to the\\ncustomer's name, address, credit card, checking account or other\\nfinancial account number or information:\\n (a) that the purpose of the telephone call is to offer goods or\\nservices for which a fee will be charged or to provide an investment\\nopportunity, whichever is the case;\\n (b) the telemarketer's name and the person on whose behalf the\\nsolicitation is being made if other than the telemarketer;\\n (c) the identity of the goods or services for which a fee will be\\ncharged; and\\n (d) whether the call is being recorded.\\n (2) the cost of the goods or services that are the subject of the\\ncall.\\n (3) in any prize promotion, the odds of being able to receive the\\nprize, and if the odds are not calculable in advance, the factors used\\nin calculating the odds; that no purchase or payment is required to win\\na prize or to participate in a prize promotion; and the no purchase/no\\npayment method of participating in the prize promotion with either\\ninstructions on how to participate or an address or local or toll-free\\ntelephone number to which customers may write or call for information on\\nhow to participate; and all material costs or conditions to receive or\\nredeem a prize that is the subject of the prize promotion.\\n 7. Abusive telemarketing acts or practices. It shall be unlawful for\\nany telemarketer to:\\n a. threaten, intimidate or use profane or obscene language;\\n b. engage in conduct or behavior a reasonable person would deem to be\\nabusive or harassing;\\n c. initiate a telemarketing call to a person, when that person has\\nstated previously that he or she does not wish to receive solicitation\\ncalls from that telemarketer provided, however that nothing in this\\nsection shall be construed to prohibit a telemarketer from telemarketing\\ngoods, services or investment opportunities to any customer of any\\naffiliate, subsidiary or parent of such telemarketer;\\n d. engage in telemarketing to a person's residence at any time other\\nthan between 8:00 A.M. and 9:00 P.M. local time, at the called person's\\nlocation; or\\n e. make a false, deceptive or misleading statement in regard to the\\nrequirements of subdivision six of this section to a customer, or to\\nengage in any deceptive or unfair act or practice in association with\\ntelemarketing.\\n f. knowingly make an unsolicited telemarketing sales call to any\\nperson in a county, city, town or village under a declared state of\\nemergency or disaster emergency as described in sections twenty-four or\\ntwenty-eight of the executive law.\\n 7-a. Unlawful transmission of certain caller identification\\ninformation. It shall be unlawful for any telemarketer or seller to\\nknowingly cause any caller identification service to transmit\\nmisleading, inaccurate, or false caller identification information,\\nprovided that it shall not be a violation to substitute (for the name\\nand phone number used in, or billed for, making the call) the name or\\ntelephone number of the person or seller on behalf of which a\\ntelemarketing call is placed.\\n 8. Recordkeeping requirements. a. All telemarketers shall keep for a\\nperiod of twenty-four months from the date the record is produced\\nrecords of all financial transactions, written notices, disclosures and\\nacknowledgments, including but not limited to:\\n (1) records of calls resulting in a promise by the customer to pay or\\notherwise exchange consideration for goods and services, including but\\nnot limited to the name and last known address of each customer, the\\ngoods or services selected, the date such goods were shipped or provided\\nand the quantity provided, the amount charged by the company for the\\ngoods or services provided (including all other related fees or charges\\nof any kind, including shipping and handling fees), and the amount\\nactually paid by the customer for the goods and services provided;\\n (2) the name and last known address of each prize recipient and the\\nprize awarded having a value of twenty-five dollars or more; and\\n (3) the name, any fictitious name used, the last known home address\\nand telephone number, and the job title for all current and former\\nemployees directly involved in telephone sales; provided, however, that\\nif the telemarketer permits fictitious names to be used by employees,\\neach fictitious name must be traceable to only one specific employee.\\n b. A telemarketer may keep the records required by paragraph a of this\\nsubdivision in any form, and in the manner, format, or place as they\\nkeep such records in the ordinary course of business.\\n c. In the event of any dissolution or termination of the\\ntelemarketer's business, a representative of the telemarketer shall\\nmaintain all records as required under this subdivision, which shall be\\nthe person required to maintain such records in the event of dissolution\\nor termination under rules and regulations issued under the act of\\ncongress entitled the \"telemarketing and consumer fraud and abuse\\nprevention act\" (P.L. 103-297), or any person designated by the\\ntelemarketer. In the event of any sale, assignment or other change of\\nownership of the telemarketer's business, the successor or assignee\\nshall maintain all records required by this subdivision. In any case in\\nwhich this paragraph applies, the telemarketer shall provide notice to\\nthe secretary, in the form and manner designated by the secretary of the\\ndisposition of such records within thirty days of the dissolution,\\ntermination, sale, assignment or change of ownership.\\n 9. Waiver. Any waiver of the provisions of this section by any\\ncustomer shall be unenforceable and void.\\n 10. Exemptions. a. The following persons shall be exempt from the\\nregistration and bonding requirements set forth in subdivisions three\\nand four of this section:\\n (1) the state, municipalities of the state, or any department or\\ndivision of the state or such municipalities;\\n (2) the United States or any of its departments, agencies or\\ndivisions;\\n (3) colleges, universities and other institutions authorized by the\\nregents of the university of the state of New York or comparable body in\\nany other state or jurisdiction, to grant degrees, including licensed\\nprivate schools and any registered business schools regulated by article\\none hundred one of the education law;\\n (4) a person, which has been operating for at least three years a\\nretail business establishment in this state under the same name as that\\nused in connection with telemarketing, and both of the following occur\\non a continuing basis:\\n (a) Either products are displayed and offered for sale or services are\\noffered for sale and provided at the business establishment; and\\n (b) A majority of the person's business involves buyers' obtaining\\nsuch products or services at the person's location;\\n (5) any not-for-profit corporation as defined in section one hundred\\ntwo of the not-for-profit corporation law and charitable organizations.\\n b. The following acts or practices are exempt from the requirements of\\nthis section:\\n (1) telephone calls made by a telemarketer, collection agency or\\nattorney engaged in the practice of law for the exclusive purpose of\\ncollecting a legal debt owed, in accordance with the applicable\\nprovisions of the Federal Fair Debt Collection Practices Act (15 U.S.C.\\n§1692 et. seq.);\\n (2) telephone calls in which the sale, lease or other agreement for\\ngoods or services is not completed, and payment or authorization of\\npayment is not required, until after a face-to-face sales presentation\\nby a telemarketer, or a meeting between a telemarketer and customer;\\n (3) telephone calls that are received by a telemarketer initiated by a\\ncustomer that are not the result of any solicitation by such\\ntelemarketer; and\\n (4) telephone calls between a telemarketer and any for-profit\\nbusiness, except calls involving the retail sale of nondurable office or\\ncleaning supplies.\\n c. The following acts or practices are exempt from the requirements of\\nparagraph b of subdivision six of this section.\\n (1) telephone calls pertaining to a renewal or continuation of an\\nexisting or prior contractual relationship or the continuation of an\\nestablished business relationship between a customer and any\\ntelemarketer, provided that the telemarketer discloses any material\\nchanges in the terms and conditions of the prior contract, except for\\ncalls made by a telemarketer in which the telemarketer or any of its\\nprincipals has previously engaged in any act or practice described in\\nsubparagraphs one, two, five, six, seven and eight of paragraph a of\\nsubdivision five of this section; and\\n (2) unsolicited telephone calls made by the telemarketer for the\\npurpose of overall efforts to develop new business that include other\\nmethods and techniques intended to identify and communicate with\\npotential customers provided however that for all transactions which are\\nincidental to the call and result in the exchange of goods and services\\nthe telemarketer shall disclose the following information:\\n (a) the telemarketer's name and the person on whose behalf the\\nsolicitation is being made if other than the telemarketer;\\n (b) the identity of the goods or services for which a fee will be\\ncharged; and\\n (c) the cost of the goods or services that are the subject of the\\ncall.\\n 10-a. The following persons are exempt from the fee and bonding\\nrequirements set forth in paragraph f of subdivision three and\\nsubdivision four of this section: A person engaged in a business or\\noccupation which is licensed, registered, chartered, certified or\\nincorporated with or by any state or federal agency. Provided, however,\\nany person not licensed, registered, chartered, certified or\\nincorporated with any New York state or federal agency, shall submit\\nevidence to the secretary of state, in a form and manner to be\\nprescribed by the secretary, of any license, registration, charter,\\ncertification or incorporation issued by an agency or governmental\\nentity in this or any other state.\\n 11. Enforcement. a. Every violation of this section shall be deemed a\\ndeceptive act and practice subject to enforcement under article\\ntwenty-two-A of this chapter. In addition, the district attorney, county\\nattorney, and the corporation counsel shall have concurrent authority to\\nseek the relief in paragraph b of this subdivision, and all civil\\npenalties obtained in any such action shall be retained by the\\nmunicipality or county.\\n b. In every case where the court shall determine that a violation of\\nthis section has occurred, it may impose a civil penalty of not less\\nthan one thousand dollars nor more than two thousand dollars for each\\nviolation. Such penalty shall be in addition to the denial of\\nregistration or renewal, suspension of registration or revocation of\\nregistration or assessment of a fine authorized by subdivision five of\\nthis section.\\n c. Any person who contracts with a telemarketer for telemarketing\\nservices and has actual knowledge that the telemarketer is acting in\\nviolation of this section shall be deemed to be in violation of this\\nsection, unless such person takes reasonable measures to prevent and\\ncorrect any conduct that violates this section.\\n d. Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or the common law.\\n 12. Criminal penalties. Any person who is convicted of knowingly\\nviolating paragraph a or b of subdivision three of this section, or\\nsubparagraph two, three, four or five of paragraph a of subdivision six\\nof this section shall be guilty of a class B misdemeanor. Any person who\\nis convicted of knowingly violating subparagraph eleven or twelve of\\nparagraph a of subdivision six of this section shall be guilty of a\\nclass A misdemeanor.\\n 13. Separability clause; construction. If any part or provision of\\nthis section or the application thereof to any person or circumstances\\nbe adjudged invalid by any court of competent jurisdiction, such\\njudgment shall be confined in its operations to the part, provision or\\napplication directly involved in the controversy in which such judgment\\nshall have been rendered and shall not affect or impair the validity of\\nthe remainder of this section or the application thereof to other\\npersons or circumstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-Q", "title" : "Use of carts, cases, trays, baskets, boxes and other containers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-Q", "activeDate" : "2014-09-22", "sequenceNo" : 779, "repealedDate" : null, "fromSection" : "399-Q", "toSection" : "399-Q", "text" : " § 399-q. Use of carts, cases, trays, baskets, boxes and other\\ncontainers. 1. As used in this section, the following terms shall have\\nthe following meanings given by this subdivision:\\n a. \"Bakery basket\". A wire or plastic container which holds bread or\\nother baked goods and is used by a distributor or retailer, or his\\nagent, as a means to transport, store or carry bakery products.\\n b. \"Bakery tray\". A wire or plastic container which holds bread or\\nother baked goods and is used by a distributor or retailer, or his\\nagent, as a means to transport, store or carry bakery products.\\n c. \"Container\". A bakery basket, bakery tray, dairy case, egg basket,\\npoultry box, laundry cart or shopping cart.\\n d. \"Dairy case\". A wire or plastic container which holds sixteen\\nquarts or more of beverage and is used by distributors or retailers, or\\ntheir agents, as a means to transport, store or carry dairy products.\\n e. \"Egg basket\". Any permanent type of container which contains four\\ndozen or more shell eggs and is used by distributors or retailers, or\\ntheir agents, as a means to transport, store or carry eggs.\\n f. \"Laundry cart\". A basket which is mounted on wheels and used in a\\ncoin-operated laundry or dry cleaning establishment by a customer or an\\nattendant for the purpose of transporting laundry and laundry supplies.\\n g. \"Name or mark\". Any permanently affixed or permanently stamped name\\nor mark which is used for the purpose of identifying the owner of\\nshopping carts, laundry carts, dairy cases, egg baskets, poultry boxes,\\nbakery trays or bakery boxes.\\n h. \"Parking area\". A lot or other property provided by a retail\\nestablishment for the use of customers to park automobiles or other\\nvehicles while doing business in that establishment.\\n i. \"Poultry box\". Any permanent type of container which is used by\\nprocessors, distributors, retailers or food service establishments, or\\ntheir agents, as a means to transport, store or carry poultry.\\n j. \"Shopping cart\". A basket which is mounted on wheels, or a similar\\ndevice, generally used in a retail establishment by a customer for the\\npurpose of transporting goods of any kind.\\n 2. An owner of containers may adopt a name or mark to be permanently\\naffixed to such containers. The secretary of state shall promulgate\\nrules and regulations regulating the adoption, use and registration of a\\nname or mark on containers.\\n 3. It is unlawful to willingly or knowingly with the intent to deprive\\nthe owner of a container of possession:\\n a. remove a container from the premises or parking area of any retail\\nestablishment, or to be in possession of a container that has been\\nremoved from the premises or parking area of a retail establishment, if\\na container has the name or mark prominently displayed and permanently\\naffixed to it that identifies the owner of the container, notifies the\\npublic that the unauthorized removal of the container from the premises\\nor parking area, or the unathorized possession of the container, is a\\nviolation of state law, and lists a telephone number or address for\\nreturning the container to the owner; or\\n b. alter, deface, obliterate, destroy, cover up or otherwise remove or\\nconceal a name or mark on a container, or be in possession of any\\ncontainer whose name or mark has been altered, defaced, obliterated,\\ndestroyed, covered up or otherwise removed or concealed, without the\\nconsent of the owner of the container.\\n 4. The requiring, taking or accepting of any deposit, upon delivery of\\na container, shall not be deemed a sale thereof, optional or otherwise.\\n 5. This section shall not apply to the owner of a container, or to any\\nperson having the consent of the owner of the container to remove it\\nfrom the premises or the parking area of the retail establishment. For\\npurposes of this section, \"consent\" shall include tokens or other\\nindicia of consent which may be established by the owner of the\\ncontainer.\\n 6. A knowing violation of this section shall be punishable by a civil\\npenalty of not more than one hundred dollars. Each violation shall\\nconstitute a separate offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-QQ", "title" : "Sale or promotional distribution of utility knives, box cutters, or box cart cutters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-QQ", "activeDate" : "2014-09-22", "sequenceNo" : 780, "repealedDate" : null, "fromSection" : "399-QQ", "toSection" : "399-QQ", "text" : " § 399-qq. Sale or promotional distribution of utility knives, box\\ncutters, or box cart cutters. 1. No person, firm, or corporation shall\\nsell or offer to sell or give away as either a retail or wholesale\\npromotion a utility knife, box cutter, or box cart cutter to any person\\nunder eighteen years of age.\\n 2. For purposes of this section, the term \"utility knife\", \"box\\ncutter\", or \"box cart cutter\" means a knife consisting of a razor blade,\\nretractable or non-retractable, attached to or contained within a\\nplastic or metal housing.\\n 3. The provisions of this section shall not preclude the temporary\\ntransfer of a utility knife, box cutter, or box cart cutter to a person\\nunder eighteen years of age by such person's employer where such device\\nis possessed only on the employer's premises and only during the course\\nand scope of such person's employment.\\n 4. No provision of this section shall be deemed to restrict the\\nauthority of any county, city, town or village to enact and enforce\\nadditional local laws, ordinances or codes, or portions thereof,\\nprovided the provisions thereof are not inconsistent with the provisions\\nof this section.\\n 5. Any person, firm, or corporation who violates the provisions of\\nthis section shall be subject to a civil penalty of not more than five\\nhundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-R", "title" : "Sale of paint pellet guns", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-R", "activeDate" : "2014-09-22", "sequenceNo" : 781, "repealedDate" : null, "fromSection" : "399-R", "toSection" : "399-R", "text" : " § 399-r. Sale of paint pellet guns. (a) No person, firm, or\\ncorporation shall sell or offer to sell a paint pellet gun to any person\\nunder sixteen years of age.\\n (b) For purposes of this subdivision, the term \"paint pellet gun\"\\nmeans a gun, air gun, pistol, rifle, or like device in appearance or\\nfunction, capable of and designed for discharging and propelling through\\nthe air to a target a small quantity of paint enclosed within a pellet\\nor pellet-like device or capsule or capsule-like device that breaks upon\\nimpact with the target, overspreading the target with paint.\\n (c) Any person, firm, or corporation who violates the provisions of\\nthis section shall be subject to a civil penalty of not more than five\\nhundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-S", "title" : "Posting of notice when air rifles or guns are sold", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-S", "activeDate" : "2014-09-22", "sequenceNo" : 782, "repealedDate" : null, "fromSection" : "399-S", "toSection" : "399-S", "text" : " § 399-s. Posting of notice when air rifles or guns are sold. 1. In\\neach mercantile establishment in this state where air rifles or air guns\\nare sold, a notice must be posted in a conspicuous place, and in close\\nproximity to any air rifle or air gun displayed for sale, that in\\nlegible format states: \"Except under supervision at a shooting range or\\nfor hunting pursuant to license, Section 265.05 of the New York State\\nPenal Law makes it unlawful for any person under the age of sixteen\\nyears to possess an air rifle or air gun.\"\\n 2. Any violation of this section shall be punishable by a civil\\npenalty not to exceed one hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-T", "title" : "Sale of certain chlorofluorocarbons and halons prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-08-25" ], "docLevelId" : "399-T", "activeDate" : "2014-09-22", "sequenceNo" : 783, "repealedDate" : null, "fromSection" : "399-T", "toSection" : "399-T", "text" : " * § 399-t. Sale of certain chlorofluorocarbons and halons prohibited.\\n1. On and after January first, nineteen hundred ninety-one, no\\ncontainers of chlorofluorocarbon compounds commonly used as air horn\\npropellants, for blow cleaning photographic products, or any similar\\nuse, or containers devised as toys or for amusement which use\\nchlorofluorocarbon compounds as a foaming agent shall be sold within the\\nstate.\\n 2. On and after January first, nineteen hundred ninety-one, no hand\\nheld fire extinguisher containing five pounds or less of halon compounds\\nas defined in section 38-0103 of the environmental conservation law\\nshall be sold within the state.\\n 3. A violation of this section shall be punishable by a civil penalty\\nnot to exceed one hundred dollars.\\n * NB There are 2 § 399-t's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-T*2", "title" : "Vending machine disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-T*2", "activeDate" : "2014-09-22", "sequenceNo" : 784, "repealedDate" : null, "fromSection" : "399-T*2", "toSection" : "399-T*2", "text" : " * § 399-t. Vending machine disclosure. 1. Definitions. For purposes of\\nthis article, \"vending machine\" shall mean and include a coin operated\\nmachine used to sell merchandise and/or services but shall not include a\\ncoin operated telephone.\\n 2. Notice requirements relating to vending machines. Every vending\\nmachine available for use by the public in this state shall have a\\nnotice prominently affixed thereto which indicates the name, address,\\nand telephone number of the owner and/or operator of such machine or the\\nname, address and telephone number of an individual designated by such\\nowner/operator to maintain said machine. Said notice provisions of this\\nsection shall not apply in instances where a vending machine is attended\\nby a person capable of administering a refund.\\n 3. Any individual, firm, partnership, corporation, association,\\ncompany or organization which owns or leases such vending machine and\\nknowingly fails to comply with the requirements of this section shall be\\nassessed a civil penalty not to exceed fifty dollars for the first\\nviolation, one hundred dollars for a second violation and two hundred\\nfifty dollars for any subsequent violation provided, however, that\\nmultiple violations of subdivision two of this section which\\nconcurrently occur within the same public area designated for the\\noperation of vending machines shall, for purposes of assessing a penalty\\nunder this subdivision, constitute a single violation against such\\nindividual, firm, partnership, corporation, association, company, or\\norganization which owns and/or leases such machines. Each day such\\noffense shall continue shall constitute a separate additional violation.\\nIt shall be a defense to the imposition of any such civil penalty if the\\nowner or operator posted a notice as required by this section and such\\nnotice was removed or defaced by vandals, provided the owner or operator\\nsubsequently complies with the requirements of this section.\\n 4. This section shall not annul, alter, affect or exempt any person,\\nfirm, partnership, corporation, association, company or organization\\nsubject to the provisions of this section from complying with the laws,\\nordinances, rules or regulations of any locality, relating to the\\nposting of vending machine notices, except to the extent that these\\nlaws, ordinances, rules or regulations are inconsistent with any\\nprovision of this section, but no such local law, ordinance, rule or\\nregulation shall be considered inconsistent, if it affords greater\\nprotection to the consumer.\\n * NB There are 2 § 399-t's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-U", "title" : "Motor vehicle alarms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-U", "activeDate" : "2014-09-22", "sequenceNo" : 785, "repealedDate" : null, "fromSection" : "399-U", "toSection" : "399-U", "text" : " § 399-u. Motor vehicle alarms. 1. On and after the effective date of\\nthis section, all devices offered for sale or installed in the state as\\nalarms for motor vehicles shall be so equipped and shall function so\\nthat the audible portion of the alarm resets and ceases to sound not\\nmore than three minutes after it is activated and commences sounding. No\\naudible burglar alarm in a motor vehicle shall be capable of being\\nactivated except by (a) direct physical contact with that motor vehicle\\nor (b) through the use of an individual remote activation device that is\\ndesigned to be used with the motor vehicle alarm system of a particular\\nvehicle so long as the alarm activated by such device ceases to sound\\nwithin not more than three minutes.\\n 2. A violation of the provisions of this section shall constitute an\\noffense punishable by a fine of not more than one hundred dollars for\\nthe first offense and not more than two hundred fifty dollars for a\\nsecond or subsequent offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-V", "title" : "Parking facilities; towing of vehicles, posting of notices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-08-01" ], "docLevelId" : "399-V", "activeDate" : "2014-09-22", "sequenceNo" : 786, "repealedDate" : null, "fromSection" : "399-V", "toSection" : "399-V", "text" : " § 399-v. Parking facilities; towing of vehicles, posting of notices.\\n 1. For purposes of this section, the following terms shall have the\\nfollowing meanings:\\n (a) \"commercial tower\" shall mean any person, firm, partnership,\\ncorporation or association that engages in commercial towing, as defined\\nin section one hundred seven-b of the vehicle and traffic law, whether\\nby contract or other agreement;\\n (b) \"owner\" shall mean the owner or lessee of a parking facility or an\\nagent of such owner or lessee, provided that such term shall not include\\na commercial tower acting as an agent of such owner or lessee; and\\n (c) \"parking facility\" shall mean parking facilities having a parking\\ncapacity of five or more motor vehicles not owned or operated by the\\nstate, a municipality or public authority.\\n 2. Every parking facility shall display prominently a conspicuous\\nnotice stating the name, address and telephone number of the operator of\\nthe parking facility together with the name, address and telephone\\nnumber of any individual or entity authorized to tow from such parking\\nfacility any motor vehicle or the name, address and telephone number of\\nany individual or entity authorized to place a device designed to\\nimmobilize any motor vehicle in such parking facility. Such notice shall\\nalso state that unauthorized vehicles will be towed at the vehicle\\nowner's expense.\\n 3. No owner or operator of a parking facility shall tow or authorize\\nthe towing of any motor vehicle or immobilize or authorize the\\nimmobilization of any motor vehicle in such parking facility unless such\\nowner or operator displays a notice pursuant to subdivision two of this\\nsection.\\n 4. No owner or operator of a parking facility shall solicit, receive,\\naccept or agree to receive or accept any payment, commission or other\\nconsideration from a commercial tower for the towing and storing of\\nvehicles removed from such owner's or operator's parking facility.\\n 4-a. (a) Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not less\\nthan fifty dollars and not more than one thousand dollars for each such\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n (b) The provisions of this section may be enforced concurrently by the\\ntown attorney, city corporation counsel, or other lawful designee of a\\nmunicipality or local government, and all moneys collected thereunder\\nshall be retained by such municipality or local government.\\n 5. The provisions of this section shall not apply to cities having a\\npopulation of one million or more.\\n 6. Any person who has been injured by reason of any violation of this\\nsection may bring an action in his or her own name to enjoin such\\nunlawful act or practice, an action to recover his or her actual damages\\nor one hundred fifty dollars, whichever is greater, or both such\\nactions. The court may, in its discretion, increase the award of damages\\nto an amount not to exceed three times the actual damages up to one\\nthousand dollars, if the court finds the defendant willfully or\\nknowingly violated this section. The court may award reasonable\\nattorney's fees to a prevailing plaintiff.\\n 7. This section shall not annul, alter, affect or exempt any owner or\\noperator subject to the provisions of this section from complying with\\nthe laws, ordinances, rules or regulations of any locality relating to\\nthe posting of parking facility notices and/or the towing of motor\\nvehicles from parking facilities, except to the extent that these laws,\\nordinances, rules or regulations are inconsistent with any provision of\\nthis section, but no such local law, ordinance, rule or regulation shall\\nbe considered inconsistent if it affords greater protection to the\\nconsumer including but not limited to local laws, rules or regulations\\nthat:\\n (i) regulate the reasonable amount that a commercial tower may charge\\nfor the towing and storage of a vehicle removed from a parking facility;\\n (ii) require written contracts between an owner and a commercial\\ntower, which contracts may also be required to be filed with the\\npolitical subdivision;\\n (iii) require the owner to be physically present when a vehicle is\\ntowed from a parking facility; or\\n (iv) regulate the hours when a commercial tower must be available to\\nrelease a vehicle that is towed from a parking facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-W", "title" : "Total loss notice and waiver of the gap amount for non-motor vehicle retail lease agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "399-W", "activeDate" : "2018-08-31", "sequenceNo" : 787, "repealedDate" : null, "fromSection" : "399-W", "toSection" : "399-W", "text" : " * § 399-w. Total loss notice and waiver of the gap amount for\\nnon-motor vehicle retail lease agreements. 1. If a non-motor vehicle\\nretail lease agreement provides that the lessee shall be responsible\\nupon a total loss of the goods which are the subject of the agreement\\noccasioned by theft, confiscation or physical damage for the gap amount,\\nthe lessor, prior to the execution of the agreement, shall by a notice\\non a separate document conspicuously disclose that fact and the\\nobligations for which the lessee would remain liable in the event of a\\ntheft, confiscation or total loss of the goods. If the lessor is\\nrequired under subdivision two of this section to offer to waive its\\ncontractual right to hold the lessee liable for the gap amount in the\\nevent of a total loss of the goods occasioned by theft or physical\\ndamage, the notice shall also: (a) state that for a separate charge\\ndisclosed in the notice the lessor will waive its contractual right to\\nhold the lessee liable for the gap amount in the event of a total loss\\nof the goods occasioned by theft or physical damage; (b) contain a\\nprovision informing the lessee that he or she may as an alternative to\\npurchasing a waiver, be able to purchase insurance covering the gap\\namount from an insurance company which has been licensed by the\\nsuperintendent of financial services to write non-motor vehicle lessee\\ngap insurance in this state; and (c) contain a provision permitting the\\nlessee to indicate whether he or she wants the lessor to waive its\\ncontractual right to hold the lessee liable for the gap amount in the\\nevent of a total loss of the goods occasioned by theft or physical\\ndamage. The notice shall be signed by the lessee. The lessor or assignee\\nshall provide a copy of the signed notice to the lessee, and shall\\nmaintain a copy in the lessor's or assignee's files for at least the\\nterm of the lease. Failure to provide the notice and to obtain the\\nlessee's signature as required by this subdivision shall invalidate any\\nprovision of the agreement which otherwise would obligate a lessee to\\npay the gap amount to the lessor or lessor's assignee, after a total\\nloss of the goods occasioned by theft, confiscation or physical damage.\\nNo retail lease agreement shall be conditioned upon the lessee's\\nobtaining of non-motor vehicle lessee gap insurance as set forth in\\nsubparagraph (D) of paragraph twenty-six of subsection (a) of section\\none thousand one hundred thirteen of the insurance law.\\n 2. If the retail lease agreement provides that the lessee shall be\\nresponsible upon a total loss of the goods occasioned by theft or\\nphysical damage for the gap amount, the lessor, prior to the execution\\nof the agreement, shall offer to waive its contractual right to hold the\\nlessee liable for the gap amount in the event of a total loss of the\\ngoods occasioned by theft or physical damage, only if non-motor vehicle\\nlessor gap insurance coverage is available to the lessor or the\\nanticipated assignee and such coverage is obtained from a\\nproperty/casualty insurance company, which has been licensed by the\\nsuperintendent of financial services of this state to write non-motor\\nvehicle lessor gap insurance in this state. This offer may be made\\ncontingent upon the payment by the lessee of a separate charge that\\nshall not exceed the cost of lessor gap insurance covering the retail\\nlease transaction plus an administrative fee not to exceed ten dollars.\\nNothing contained in this section shall be construed to authorize a\\nwaiver, in connection with a transaction with respect to which lessor\\ngap insurance has not been obtained, of a contractual right to hold the\\nlessee liable for the gap amount in the event of a total loss of the\\ngoods occasioned by theft or physical damage.\\n 3. A lessor shall not be obligated under subdivision two of this\\nsection to offer to waive its contractual right to hold the lessee\\nliable for the gap amount if, during the current calendar year or during\\nthe odd-numbered calendar year immediately preceding the calendar year\\nin which the agreement is entered into, the lessor or the anticipated\\nassignee of the lessor has received non-motor vehicle lessor gap\\ninsurance declination notices or other evidence of unavailability from\\nevery insurance company whose name appears on the department of\\nfinancial services compilation of insurance companies which during that\\ncalendar year were authorized to write non-motor vehicle lessor gap\\ninsurance in this state. Evidence of these declinations shall be\\nretained by such a lessor or the anticipated assignee of such a lessor\\nfor a period of six years after the expiration of the calendar year in\\nwhich they were issued.\\n If the lessor is not obligated to waive its contractual right to hold\\nthe lessee liable for the gap amount, then the notice required by\\nsubdivision one of this section shall contain a statement that the\\nlessee may be able to purchase lessee gap insurance covering the gap\\namount directly from an insurer authorized to do such business in this\\nstate, but that the purchase of gap insurance is not required under the\\nretail lease agreement.\\n 4. In order to enable lessors or their anticipated assignees to comply\\nwith the requirements imposed by subdivision two of this section, the\\nsuperintendent of financial services shall compile and make available a\\nperiodically updated list of those insurance companies which are\\nauthorized to write non-motor vehicle lessor gap insurance coverage in\\nthis state.\\n 5. Nothing in this section shall be construed to apply to the lessor,\\nor any anticipated assignee of a lessor, under a retail lease agreement\\nunder which the lessee is not liable upon a total loss of the goods\\noccasioned by theft, confiscation or physical damage for the gap amount,\\nexcept that the lessor shall provide to the lessee conspicuous notice\\nthat, in the event of a total loss of the goods, the lessee has no\\nobligation for the gap amount.\\n 6. Whenever there shall be a violation of this section an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine in any such proceeding\\nthat a violation of this section has occurred, the court may impose a\\ncivil penalty of not more than five hundred dollars for each violation.\\nIn connection with any such proposed application the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n 7. For purposes of this section: (a) \"Goods\" means all chattels\\npersonal, other than things in action or money, leased for other than a\\ncommercial or business use or for purpose of sublease. The term includes\\ngoods which, at the time of the lease or subsequently, are to be so\\naffixed to realty as to become a part thereof whether or not severable\\ntherefrom, but does not include a motor vehicle as defined in article\\nnine-A of the personal property law.\\n (b) \"Lessee\" means a natural person who leases goods from a lessor\\nprimarily for personal, family or household use and who executes a\\nretail lease agreement in connection therewith. The term does not\\ninclude a person who leases goods primarily for agricultural, business\\nor commercial use or for the purpose of subleasing.\\n (c) \"Lessor\" means a person regularly engaged in the business of\\nleasing or selling goods who leases goods to a lessee under or subject\\nto a retail lease agreement.\\n (d) \"Lease\" means a transfer from a lessor to a lessee of the right to\\npossession and use of goods in return for consideration. The term does\\nnot include a sale, including a sale on approval or a sale or return, a\\nretail instalment sale as defined in article ten of the personal\\nproperty law or the retention or creation of a security interest in the\\ngoods.\\n (e) \"Retail lease agreement\" or \"agreement\" means an agreement,\\nentered into in this state, for the lease of goods and which may include\\nthe purchase of goods or services incidental thereto by a lessee for a\\nscheduled term exceeding four months, whether or not the lessee has the\\noption to purchase or otherwise become the owner of the goods at the\\nexpiration of the agreement. The term includes such an agreement\\nwherever entered into if executed by the lessee in this state and if\\nsolicited in person by a person acting on his or her own behalf or that\\nof the lessor. The term does not include a retail instalment contract or\\na rental-purchase agreement as defined in articles ten and eleven of the\\npersonal property law. An agreement that substantially complies with\\nthis article does not create a security interest in the goods as the\\nterm \"security interest\" is defined in paragraph thirty-five of\\nsubsection (b) of section 1--201 of the uniform commercial code.\\n (f) \"Gap amount\" has the meaning ascribed to it in paragraph fifty-two\\nof subsection (a) of section one hundred seven of the insurance law.\\n (g) \"Gap insurance\" has the meaning ascribed to it in paragraph\\ntwenty-six of subsection (a) of section one thousand one hundred\\nthirteen of the insurance law.\\n (h) \"Person\" means an individual, partnership, corporation,\\nassociation or other group, however organized.\\n * NB There are 2 § 399-w's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-W*2", "title" : "Notice requirements for renters of personal property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-W*2", "activeDate" : "2014-09-22", "sequenceNo" : 788, "repealedDate" : null, "fromSection" : "399-W*2", "toSection" : "399-W*2", "text" : " * § 399-w. Notice requirements for renters of personal property. 1.\\nFor the purposes of this section, the following terms shall have the\\nfollowing meanings:\\n (a) \"Owner\" shall include any person, partnership, firm, association,\\nor corporation engaged in the business of renting personal property for\\nprofit.\\n (b) \"Personal property\" shall include but not be limited to tangible\\nchattels used for personal, household, or business purposes but shall\\nnot include motor vehicles.\\n (c) \"Rental agreement\" shall mean the total legal obligation that\\nresults from a written rental contract between a person and the owner\\nfor the rental of personal property.\\n 2. Any owner who rents personal property shall:\\n (a) conspicuously post a sign in a prominent and visible area in the\\nplace of business, measuring at least two feet by four feet in writing\\nof at least thirty-six point print, with the following notice:\\n RENTAL INFORMATION\\n WARNING! Failure to return rented property pursuant to the terms of\\n the rental agreement may subject the renter to criminal\\n prosecution.\\n (b) include in all rental contracts, in writing in at least twelve\\npoint print, the following notice:\\n Failure to return rented property under the terms of this agreement\\n may subject the undersigned party(ies) to criminal prosecution.\\n 3. This section shall not apply to: (a) rental purchase agreements as\\nregulated by article eleven of the personal property law and (b) motor\\nvehicle rentals under paragraph two of subdivision (a) of section one\\nhundred ninety-eight-a and paragraph two of subdivision a of section one\\nhundred ninety-eight-b of this chapter.\\n * NB There are 2 § 399-w's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-X", "title" : "Towed motor vehicles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-X", "activeDate" : "2014-09-22", "sequenceNo" : 789, "repealedDate" : null, "fromSection" : "399-X", "toSection" : "399-X", "text" : " § 399-x. Towed motor vehicles. 1. Definitions. a. For the purposes of\\nthis section, a \"commercial tower\" shall be defined as any person, firm,\\npartnership, corporation or association that engages in commercial\\ntowing, as defined in section one hundred seven-b of the vehicle and\\ntraffic law, whether by contract or other agreement.\\n b. For the purposes of this section, a \"storage lot operator\" shall\\nmean any person, firm, partnership, corporation or association that\\nengages, whether by contract or other agreement, in the storage of motor\\nvehicles removed by a commercial tower.\\n c. For the purposes of this section, a \"towed motor vehicle\" shall be\\ndefined as any motor vehicle removed by a commercial tower without the\\nprior consent or authorization of such motor vehicle owner.\\n 2. Requirements. Each and every commercial tower or storage lot\\noperator, which requires the payment by an owner of a towed motor\\nvehicle of all or part of the towing and/or storage charges associated\\nwith the towing and/or storage of such owner's motor vehicle as a\\nprecondition to the release of such motor vehicle to such owner or his\\nor her authorized representative, and which accepts credit cards or\\ndebit cards, as those terms are defined in section five hundred eleven\\nof this chapter as forms of payment in the ordinary course of business,\\nmust accept each of these forms of payment for such towing and/or\\nstorage charges.\\n 3. Penalties. (a) Whenever there shall be a violation of this section,\\nan application may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not less\\nthan fifty dollars and not more than one thousand dollars for each such\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n (b) The provisions of this section may be enforced concurrently by the\\ntown attorney, city corporation counsel, or other lawful designee of a\\nmunicipality or local government, and all moneys collected thereunder\\nshall be retained by such municipality or local government.\\n 4. Applicability. The provisions of this section shall not apply to\\ncommercial towers or storage lot operators operating wholly within\\ncities having a population of one million or more.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-XX", "title" : "Towing of motor vehicles; credit cards; statewide", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-XX", "activeDate" : "2014-09-22", "sequenceNo" : 790, "repealedDate" : null, "fromSection" : "399-XX", "toSection" : "399-XX", "text" : " § 399-xx. Towing of motor vehicles; credit cards; statewide. 1.\\nDefinition. For the purposes of this section, a \"commercial tower\" is\\ndefined as any person, firm, partnership, corporation, limited liability\\ncompany, association, or other entity that engages in the business of\\ntowing motor vehicles for consideration.\\n 2. Requirements. A commercial tower who responds to a call for\\nassistance from an owner or operator of a vehicle that is inoperable or\\ncannot be safely operated or who offers to transport, repair, or render\\nsafely operable such a vehicle shall, in compliance with any reasonable\\nrequest of an owner or operator of such vehicle, repair the vehicle or\\ntransport the vehicle and its occupants to a reasonably safe location\\nwhere repairs can be made. The commercial tower shall not be required to\\ntransport all vehicle occupants if the number of occupants exceeds the\\nnumber of passengers that can be safely transported. The owner or\\noperator of the vehicle shall be liable to the commercial tower for the\\ncost of towing and repair services provided. The commercial tower shall\\naccept cash and all other forms of payment that such commercial tower\\naccepts in the ordinary course of business, including credit and debit\\ncards as those terms are defined in section five hundred eleven of this\\nchapter as payment for all or part of the charges for towing and repair\\nservices accepted and provided. The commercial tower may require such\\nproof of identification from persons making payments in forms other than\\ncash as the commercial tower requires for such payments in the ordinary\\ncourse of business. If the owner or operator of a vehicle declines\\nservices of the commercial tower or cannot or will not provide payment\\nand identification for towing or repair services, a commercial tower\\nshall notify law enforcement about the location and identification of\\nthe vehicle and its occupants. The provisions of this section do not\\napply to a vehicle which is lawfully parked at the home of the vehicle's\\nowner or operator.\\n 3. Penalties. Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolations; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-Y", "title" : "Child safety devices for hot water dispensers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-Y", "activeDate" : "2014-09-22", "sequenceNo" : 791, "repealedDate" : null, "fromSection" : "399-Y", "toSection" : "399-Y", "text" : " * § 399-y. Child safety devices for hot water dispensers. Upon the\\nretail sale, lease, or rental of any water dispenser, water cooler, or\\nother non-plumbed device or system which dispenses hot water instantly,\\nwritten notice shall be provided to the customer informing such customer\\nof the availability, at no extra charge to the customer, of a child\\nresistant safety device or similar protective feature for the hot water\\ndispenser which is designed to prevent accidental injury to children.\\nUpon customer request, such device shall be promptly provided at no\\ncharge.\\n * NB There are 2 § 399-y's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-Y*2", "title" : "Automated teller machine fee disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-Y*2", "activeDate" : "2014-09-22", "sequenceNo" : 792, "repealedDate" : null, "fromSection" : "399-Y*2", "toSection" : "399-Y*2", "text" : " * § 399-y. Automated teller machine fee disclosure. 1. For the\\npurposes of this section, \"automated teller machine operator\" shall mean\\nany person who: (a) operates an automated teller machine at which\\nconsumers may make financial transactions, including but not limited to\\ndeposits, withdrawals, balance inquiries, and loan payments; and (b) is\\nnot the financial institution which holds the account accessed by the\\nconsumer to make the financial transaction.\\n 2. No automated teller machine operator shall impose a fee on a\\nconsumer using such machine, unless such operator: (a) provides notice\\nas required by subdivision three of this section; and (b) the consumer\\nelects to continue to effect a financial transaction after receiving\\nsuch notice.\\n 3. The automated teller machine operator shall provide notice on the\\nscreen of the automated teller machine or on a paper issued from such\\nmachine after the financial transaction is initiated, but before the\\nconsumer is irrevocably committed to completing the transaction. Such\\nnotice shall clearly state: (i) that a fee is imposed for the use of\\nsuch machine; (ii) the amount of such fee; and (iii) that the consumer\\nmay cancel such transaction without being assessed a fee.\\n 4. (a) Any automated teller machine operator who fails to comply with\\nthe requirements of this section shall be assessed a civil penalty not\\nto exceed two hundred fifty dollars per transaction.\\n (b) If the notice required pursuant to subdivision three of this\\nsection has been provided by an automated teller machine operator and\\nsuch notice is subsequently removed, damaged, or altered by any person\\nother than such operator, the operator shall have no liability for a\\nfailure to comply with subdivision three of this section.\\n * NB There are 2 § 399-y's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-Y-1", "title" : "Automated teller machines transaction denial; fees prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-Y-1", "activeDate" : "2014-09-22", "sequenceNo" : 793, "repealedDate" : null, "fromSection" : "399-Y-1", "toSection" : "399-Y-1", "text" : " § 399-y-1. Automated teller machines transaction denial; fees\\nprohibited. 1. For the purposes of this section, the following terms\\nshall have the following meanings:\\n a. \"automated teller machine operator\" shall mean any person who\\noperates an automated teller machine at which consumers may make\\nfinancial transactions, including, but not limited to, deposits,\\nwithdrawals, balance inquiries, and loan payments; and\\n b. \"automated teller machine\" shall mean a device which is linked to\\nthe accounts and records of a banking institution and which enables\\nconsumers to make financial transactions, including, but not limited to,\\ndeposits, withdrawals, balance inquiries, and loan payments.\\n 2. No automated teller machine operator or banking institution shall\\nimpose a fee on a consumer using such machine for any transaction which\\nis for any reason denied or terminated in a manner that prevents such\\nconsumer from completing such transaction.\\n 3. Any automated teller machine operator or banking institution who\\nfails to comply with the requirements of this section shall be assessed\\na civil penalty not to exceed two hundred fifty dollars per transaction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-YY", "title" : "Cable television company providing telephone services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-08-30", "2022-10-21", "2023-03-10", "2023-07-07" ], "docLevelId" : "399-YY", "activeDate" : "2019-08-30", "sequenceNo" : 794, "repealedDate" : null, "fromSection" : "399-YY", "toSection" : "399-YY", "text" : " § 399-yy. Cable television company providing telephone services. 1.\\nEvery cable television company, as defined in section two hundred twelve\\nof the public service law, that provides telephone service to customers\\nin New York shall, at its option: a. allow a customer to use a modified\\nor alternative name for a directory listing or b. waive the otherwise\\napplicable charges for a non-published telephone listing, where the\\ncustomer requests protection of its identity in connection with the\\ncustomer's purchase of telephone service and the customer is a victim of\\ndomestic violence, as defined in section four hundred fifty-nine-a of\\nthe social services law, and for whose benefit any order of protection,\\nother than a temporary order of protection, has been issued by a court\\nof competent jurisdiction. This waiver of charges shall be for the\\nduration of the applicable, non-temporary, order. Any non-published\\nlistings provided in this section shall conform to all the same\\nrequirements of other non-published listings. A customer requesting such\\nan accommodation shall provide a copy of the order of protection to the\\napplicable cable television company. Any customer requesting an\\naccommodation pursuant to this section may also request and shall be\\nprovided, at no cost to the customer, a new telephone number within\\nfifteen days from the request for such accommodation.\\n 2. Every cable television company, as defined in section two hundred\\ntwelve of the public service law, that provides television and/or\\ntelephone service to customers in New York under contract including, but\\nnot limited to a multi-year contract or bundled contract with such cable\\ntelevision company, shall allow a person to opt-out of such contract\\nwithout charge when such person is a victim of domestic violence and\\nrequest to opt-out in writing. Such victim of domestic violence shall\\nprovide to such cable television company any of the following documents,\\nwhich shall relate to such domestic violence, within six months of the\\ndocument's issuance: (a) a valid domestic violence incident report form,\\nas such term is defined in subdivision fifteen of section eight hundred\\nthirty-seven of the executive law; (b) a valid police report; (c) a\\nvalid order of protection; (d) a signed affidavit from a licensed\\nmedical or mental health care provider, employee of a court acting\\nwithin the scope of his or her employment, social worker, a rape crisis\\ncounselor, as defined in section forty-five hundred ten of the civil\\npractice law and rules, or advocate acting on behalf of an agency that\\nassists domestic violence victims. A claim for opting-out of such\\ncontract without charge shall be made in good faith. Such cable\\ntelevision company shall waive the otherwise applicable charges for such\\nperson requesting to opt-out of such contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-YYY", "title" : "Satellite television company providing television and/or telephone services", "docType" : "SECTION", "publishedDates" : [ "2019-08-30", "2022-10-21", "2023-03-10", "2023-07-07" ], "docLevelId" : "399-YYY", "activeDate" : "2019-08-30", "sequenceNo" : 795, "repealedDate" : null, "fromSection" : "399-YYY", "toSection" : "399-YYY", "text" : " § 399-yyy. Satellite television company providing television and/or\\ntelephone services. 1. Every direct broadcast satellite service\\nprovider, as defined in this section, that provides television and/or\\ntelephone services to customers in New York shall allow a person who is\\nunder contract including, but not limited to a multi-year contract or\\nbundled contract with such satellite television company, to opt-out of\\nsuch contract without charge when such a person is a victim of domestic\\nviolence and requests to opt-out in writing. Such victim of domestic\\nviolence shall provide to such satellite television company any of the\\nfollowing documents, which shall relate to such domestic violence,\\nwithin six months of the document's issuance: (a) a valid domestic\\nviolence incident report form, as such term is defined in subdivision\\nfifteen of section eight hundred thirty-seven of the executive law; (b)\\na valid police report; (c) a valid order of protection; (d) a signed\\naffidavit from a licensed medical or mental health care provider,\\nemployee of a court acting within the scope of his or her employment,\\nsocial worker, a rape crisis counselor, as defined in section forty-five\\nhundred ten of the civil practice law and rules, or advocate acting on\\nbehalf of an agency that assists domestic violence victims. A claim for\\nopting-out of such contract without charge shall be made in good faith.\\nSuch satellite television company shall waive the otherwise applicable\\ncharges for such person requesting to opt-out of such contract.\\n 2. For the purposes of this section, the following terms shall have\\nthe following meanings:\\n (a) \"Direct broadcast satellite service\", means the distribution or\\nbroadcasting by satellite of video programming or services directly to\\nreceiving equipment located at an end user subscriber's or an end user\\ncustomer's premises, including, but not limited to, the provision of\\npremium channels, the provision of music or other audio services or\\nchannels, and any other service received in connection with the\\nprovision of direct broadcast satellite service.\\n (b) \"Direct broadcast satellite service provider\", means a person who\\ntransmits, broadcasts or otherwise provides direct broadcast satellite\\nservice to subscribers or customers in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-Z", "title" : "Telemarketing; establishment of no telemarketing sales calls statewide registry; authorization of the transfer of telephone numbers on th...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2017-03-17", "2017-08-25", "2019-12-06", "2019-12-20", "2020-03-06", "2021-07-16", "2021-08-13", "2022-12-09", "2023-03-10", "2023-09-15", "2024-11-29" ], "docLevelId" : "399-Z", "activeDate" : "2020-03-06", "sequenceNo" : 796, "repealedDate" : null, "fromSection" : "399-Z", "toSection" : "399-Z", "text" : " § 399-z. Telemarketing; establishment of no telemarketing sales calls\\nstatewide registry; authorization of the transfer of telephone numbers\\non the no telemarketing sales calls statewide registry to the national\\n\"do-not-call\" registry. 1. As used in this section, the following terms\\nshall have the following meanings:\\n a. \"Department\" shall mean the department of state.\\n b. \"Secretary\" shall mean the secretary of state.\\n c. \"Customer\" means any natural person who is a resident of this state\\nand who is or may be required to pay for or to exchange consideration\\nfor goods and services offered through telemarketing;\\n d. \"Doing business in this state\" means conducting telephonic sales\\ncalls: (i) from a location in this state; or (ii) from a location\\noutside of this state to consumers residing in this state;\\n e. \"Goods and services\" means any goods and services, and shall\\ninclude any real property or any tangible personal property or services\\nof any kind;\\n f. \"Negative option feature\" means, in an offer or agreement to sell\\nor provide any goods or services, a provision under which the customer's\\nsilence or failure to take an affirmative action to reject such goods or\\nservices or to cancel the agreement is interpreted by the seller as\\nacceptance of the offer.\\n g. \"Person\" means any natural person, association, partnership, firm,\\ncorporation and its affiliates or subsidiaries or other business entity;\\n h. \"Telemarketer\" means any person who, for financial profit or\\ncommercial purposes in connection with telemarketing, makes\\ntelemarketing sales calls to a customer when the customer is in this\\nstate or any person who directly controls or supervises the conduct of a\\ntelemarketer. For the purposes of this section, \"commercial purposes\"\\nshall mean the sale or offer for sale of goods or services;\\n i. \"Telemarketing\" means any plan, program or campaign that is\\nconducted to induce payment or the exchange of any other consideration\\nfor any goods or services that involves more than one telephone call by\\na telemarketer in which the customer is located within the state at the\\ntime of the call. Telemarketing does not include the solicitation of\\nsales through media other than by telephone calls and does not include\\ncalls intended to implement or complete a transaction to which the\\ncustomer has previously consented;\\n j. \"Telemarketing sales call\" means a telephone call made by a\\ntelemarketer or by any outbound telephone calling technology that\\ndelivers a prerecorded message to a customer or to a customer's\\nvoicemail or answering machine service for the purpose of inducing\\npayment or the exchange of any other consideration for any goods or\\nservices;\\n k. \"Unsolicited telemarketing sales call\" means any telemarketing\\nsales call other than a call made:\\n (i) in response to an express written or verbal request by the\\ncustomer; or\\n (ii) in connection with an established business relationship, which\\nhas not been terminated by either party, unless such customer has stated\\nto the telemarketer that such customer no longer wishes to receive the\\ntelemarketing sales calls of such telemarketer;\\n l. \"Caller identification information\" means information provided by a\\ncaller identification service regarding the telephone number and name of\\nthe person calling; and\\n m. \"Caller identification service\" means a service that allows a\\ntelephone subscriber to have the telephone number, and, where available,\\nname of the calling party transmitted contemporaneously with the\\ntelephone call, and displayed on a device in or connected to the\\nsubscriber's telephone.\\n 2. No telemarketer or seller shall engage in telemarketing at any time\\nother than between 8:00 A.M. and 9:00 P.M. at the location of the\\ncustomer unless the customer has given his or her express consent to the\\ncall at a different time. Telemarketers shall provide, in a clear and\\ncoherent manner using words with common and everyday meanings, at the\\nbeginning of each telemarketing sales call all of the following\\ninformation:\\n a. the telemarketer's name and the person on whose behalf the\\nsolicitation is being made, if other than the telemarketer;\\n b. the purpose of the telephone call;\\n c. the identity of the goods or services for which a fee will be\\ncharged; and\\n d. whether the call is being recorded.\\n 2-a. It shall be unlawful for any telemarketer or seller to knowingly\\ncause any caller identification service to transmit misleading,\\ninaccurate, or false caller identification information, provided that it\\nshall not be a violation to substitute (for the name and phone number\\nused in, or billed for, making the call) the name or telephone number of\\nthe person or seller on behalf of which a telemarketing call is placed.\\n 3. Prior to the purchase of any good or service, telemarketers shall\\ndisclose to the customer the cost of the goods or services that are the\\nsubject of the call and if the offer includes a negative option feature,\\nall material terms and conditions of the negative option feature,\\nincluding, but not limited to the fact that the customer's account will\\nbe charged unless the customer takes an affirmative action to avoid the\\ncharges, the dates the charges will be submitted for payment, and the\\nspecific steps the customer must take to avoid the charge.\\n 4. a. The department is authorized to establish, manage, and maintain\\na no telemarketing sales calls statewide registry which shall contain a\\nlist of customers who do not wish to receive unsolicited telemarketing\\nsales calls. The department may contract with a private vendor to\\nestablish, manage and maintain such registry, provided the private\\nvendor has maintained national no telemarketing sales calls registries\\nfor more than two years, and the contract requires the vendor to provide\\nthe no telemarketing sales calls registry in a printed hard copy format\\nand in any other format as prescribed by the department.\\n b. The department is authorized to have the national \"do-not-call\"\\nregistry established, managed and maintained by the federal trade\\ncommission pursuant to 16 C.F.R. Section 310.4 (b) (1) (iii) (B) serve\\nas the New York state no telemarketing sales calls statewide registry\\nprovided for by this section. The department is further authorized to\\ntake whatever administrative actions may be necessary or appropriate for\\nsuch transition including, but not limited to, providing the telephone\\nnumbers of New York customers registered on the no telemarketing sales\\ncalls statewide registry to the federal trade commission, for inclusion\\non the national \"do-not-call\" registry.\\n 5. No telemarketer or seller may make or cause to be made any\\nunsolicited telemarketing sales call to any customer when that\\ncustomer's telephone number has been on the national \"do-not-call\"\\nregistry, established by the federal trade commission, for a period of\\nthirty-one days prior to the date the call is made, pursuant to 16\\nC.F.R. Section 310.4(b)(1)(iii)(B).\\n 5-a. It shall be unlawful for any telemarketer doing business in this\\nstate to knowingly make an unsolicited telemarketing sales call to any\\nperson in a county, city, town or village under a declared state of\\nemergency or disaster emergency as described in sections twenty-four or\\ntwenty-eight of the executive law.\\n 6. No telemarketer or seller shall initiate any telemarketing sales\\ncall by means of a technology that delivers a pre-recorded message,\\nunless the telemarketer or seller has obtained from the customer an\\nexpress agreement, in writing that:\\n a. the telemarketer or seller obtained only after a clear and\\nconspicuous disclosure that the purpose of the agreement is to authorize\\nthe seller to make telemarketing sales calls to such customer;\\n b. the telemarketer or seller obtained without requiring, directly or\\nindirectly, that the agreement be executed as a condition of purchasing\\nany good or service;\\n c. evidences the willingness of the customer to receive telemarketing\\nsales calls by or made on behalf of a specific seller; and,\\n d. includes such customer's telephone number and signature.\\n 7. In the case of any telemarketing sales call delivered by means of a\\ntechnology that delivers a pre-recorded message that could be received\\nby a customer who can use an automated interactive voice and/or keypress\\nactivated opt-out mechanism to assert a do-not-call request, such call\\nshall include a mechanism that allows the customer to automatically add\\nthe number called to the seller's entity specific do-not-call list, and\\nwhich mechanism, once invoked, immediately ends the call.\\n 8. In the case of any telemarketing sales call delivered by means of a\\ntechnology that delivers a pre-recorded message that could be answered\\nby an answering machine or voicemail service, that the call include a\\ntoll-free number that must connect the customer directly to an automated\\ninteractive voice or keypress activated opt-out mechanism that allows\\nthe consumer to automatically add the number called to the seller's\\nentity specific do-not-call list, and which mechanism, once invoked,\\nimmediately ends the call.\\n 9. In the case of any telemarketing sales call made by a natural\\nperson, the telemarketer or seller shall inform the customer that he or\\nshe may request that his or her telephone number be added to the\\nseller's entity specific do-not-call list. If the customer opts to do\\nso, the telemarketer or seller shall immediately end the call and shall\\nadd the number called to such list or cause the number called to be\\nadded to such list.\\n 10. No telemarketer or seller shall transmit, share, or otherwise make\\navailable any customer's contact information, including name, telephone\\nnumber, or email address, which has been provided to such telemarketer\\nor seller by such customer, to any person, corporation, or other entity\\nwithout the express agreement of the consumer in writing or in\\nelectronic format, unless otherwise required by law, or pursuant to a\\nlawful subpoena or court order.\\n 11. Telemarketers and sellers shall keep for a period of twenty-four\\nmonths from the date the record is created records relating to its\\ntelemarketing activities.\\n 12. a. The department shall provide notice to customers of the\\nestablishment of the national \"do-not-call\" registry. Any customer who\\nwishes to be included on such registry shall notify the federal trade\\ncommission as directed by relevant federal regulations.\\n b. Any company that provides local telephone directories to customers\\nin this state shall inform its customers of the provisions of this\\nsection by means of publishing a notice in such local telephone\\ndirectories.\\n 13. When the department has reason to believe a telemarketer has\\nengaged in repeated unlawful acts in violation of this section, or when\\na notice of hearing has been issued pursuant to subdivision fourteen of\\nthis section, the department may request in writing the production of\\nrelevant documents and records as part of its investigation. If the\\nperson upon whom such request was made fails to produce the documents or\\nrecords within thirty days after the date of the request, the department\\nmay issue and serve subpoenas to compel the production of such documents\\nand records. If any person shall refuse to comply with a subpoena issued\\nunder this section, the department may petition a court of competent\\njurisdiction to enforce the subpoena and such sanctions as the court may\\ndirect.\\n 14. a. Where it is determined after hearing that any person has\\nviolated one or more provisions of this section, the secretary, or any\\nperson deputized or so designated by him or her may assess a fine not to\\nexceed eleven thousand dollars for each violation.\\n b. Any proceeding conducted pursuant to paragraph a of this\\nsubdivision shall be subject to the state administrative procedure act.\\n c. Nothing in this subdivision shall be construed to restrict any\\nright which any person may have under any other statute or at common\\nlaw.\\n 15. A person shall not be held liable for violating this section if:\\n a. the person has obtained a version of the \"do-not-call\" registry\\nfrom the federal trade commission no more than thirty-one days prior to\\nthe date any telemarketing call is made, pursuant to 16 C.F.R. Section\\n310.4(b)(1)(iii)(B), and the person can demonstrate that, as part of the\\nperson's routine business practice at the time of an alleged violation,\\nit has established, implemented and updated written policies and\\nprocedures related to the requirements of this section prior to the date\\nany telemarketing call is made;\\n b. the person has trained his or her personnel in the requirements of\\nthis section; and\\n c. the person maintains and can produce records demonstrating\\ncompliance with paragraphs a and b of this subdivision and the\\nrequirements of this section.\\n 16. The department shall prescribe rules and regulations to administer\\nthis section.\\n 17. Severability. If any clause, sentence, paragraph or part of this\\nsection shall be adjudged by any court of competent jurisdiction to be\\ninvalid, such judgment shall not affect, impair or invalidate the\\nremainder thereof, but shall be confined in its operation to the clause,\\nsentence, paragraph or part thereof directly involved in the controversy\\nin which such judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-ZZ", "title" : "Telephone bills", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-ZZ", "activeDate" : "2014-09-22", "sequenceNo" : 797, "repealedDate" : null, "fromSection" : "399-ZZ", "toSection" : "399-ZZ", "text" : " § 399-zz. Telephone bills. At the time service is initiated to a\\nresidential customer and at least once a year thereafter, every\\ntelephone corporation, as defined in subdivision seventeen of section\\ntwo of the public service law, and every cable television company, as\\ndefined in subdivision one of section two hundred twelve of the public\\nservice law that provides telephone service to customers in New York\\nshall provide its customers with a notice that billing statements are\\navailable in a large print format. Upon written request by a customer,\\nevery telephone corporation and cable television company shall provide\\nthe customer's billing statements in large print format no later than\\nsixty days after the date upon which the request is received by the\\ntelephone corporation and cable television company. The provisions of\\nthis section shall apply only to printed statements. For the purposes of\\nthis section, \"large print\" means a font size of sixteen or larger to\\nilluminate billing information.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-ZZZ", "title" : "Prohibition of certain fee charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-ZZZ", "activeDate" : "2014-09-22", "sequenceNo" : 798, "repealedDate" : null, "fromSection" : "399-ZZZ", "toSection" : "399-ZZZ", "text" : " § 399-zzz. Prohibition of certain fee charges. 1. Subject to federal\\nlaw and regulation, no person, partnership, corporation, association or\\nother business entity shall charge a consumer an additional rate or fee\\nor a differential in the rate or fee associated with payment on an\\naccount when the consumer chooses to pay by United States mail or\\nreceive a paper billing statement. This subdivision shall not be\\nconstrued to prohibit a person, partnership, corporation, association or\\nother business entity from offering consumers a credit or other\\nincentive to elect a specific payment or billing option.\\n 2. Every violation of this section shall be deemed a deceptive act and\\npractice subject to enforcement under article twenty-two-A of this\\nchapter.\\n 3. Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or the common law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-ZZZZ", "title" : "Prohibition of certain fee charges for termination or early cancellation", "docType" : "SECTION", "publishedDates" : [ "2016-09-30", "2019-09-13", "2019-12-06" ], "docLevelId" : "399-ZZZZ", "activeDate" : "2019-12-06", "sequenceNo" : 799, "repealedDate" : null, "fromSection" : "399-ZZZZ", "toSection" : "399-ZZZZ", "text" : " § 399-zzzz. Prohibition of certain fee charges for termination or\\nearly cancellation. 1. Subject to federal law and regulation:\\n a. no provider of telephone, cellular telephone, television, internet,\\nenergy, or water services shall impose a fee for termination or early\\ncancellation of a service contract in the event the customer has\\ndeceased before the end of such contract; and\\n b. a retail lessee, as defined in section three hundred thirty-one of\\nthe personal property law, shall not be liable for charges for the early\\ntermination of a retail lease agreement of a motor vehicle if he or she\\nhas deceased before the end of such lease.\\n 2. Every violation of this section shall be punishable by a civil\\npenalty not to exceed one thousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-ZZZZZ", "title" : "Broadband service for low-income consumers", "docType" : "SECTION", "publishedDates" : [ "2021-04-23", "2021-05-14", "2021-05-21", "2021-06-11", "2021-11-19", "2023-01-20" ], "docLevelId" : "399-ZZZZZ", "activeDate" : "2021-04-23", "sequenceNo" : 800, "repealedDate" : null, "fromSection" : "399-ZZZZZ", "toSection" : "399-ZZZZZ", "text" : " * § 399-zzzzz. Broadband service for low-income consumers. 1. For the\\npurposes of this section, the term \"broadband service\" shall mean a\\nmass-market retail service that provides the capability to transmit data\\nto and receive data from all or substantially all internet endpoints,\\nincluding any capabilities that are incidental to and enable the\\noperation of the communications service provided by a wireline, fixed\\nwireless or satellite service provider, but shall not include dial-up\\nservice.\\n 2. Every person, business, corporation, or their agents providing or\\nseeking to provide wireline, fixed wireless or satellite broadband\\nservice in New York state shall, no later than sixty days after the\\neffective date of this section, offer high speed broadband service to\\nlow-income consumers whose household: (a) is eligible for free or\\nreduced-priced lunch through the National School Lunch Program; or (b)\\nis eligible for, or receiving the supplemental nutrition assistance\\nprogram benefits; or (c) is eligible for, or receiving Medicaid\\nbenefits; or (d) is eligible for, or enrolled in senior citizen rent\\nincrease exemption; or (e) is eligible for, or enrolled in disability\\nrent increase exemption; or (f) is a recipient of an affordability\\nbenefit from a utility. Such low-income broadband service shall provide\\na minimum download speed equal to the greater of twenty-five megabits\\nper second download speed or the download speed of the provider's\\nexisting low-income broadband service sold to customers in the state\\nsubject to exceptions adopted by the Public Service Commission where\\nsuch download speed is not reasonably practicable.\\n 3. Broadband service for low-income consumers, as set forth in this\\nsection, shall be provided at a cost of no more than fifteen dollars per\\nmonth, inclusive of any recurring taxes and fees such as recurring\\nrental fees for service provider equipment required to obtain broadband\\nservice and usage fees. Broadband service providers shall allow\\nlow-income broadband service subscribers to purchase standalone or\\nbundled cable and/or phone services separately. Broadband service\\nproviders may, once every five years, and after thirty days' notice to\\nits customers and the department of public service, increase the price\\nof this service by the lesser of the most recent change in the consumer\\nprice index or a maximum of two percent per year of the price for such\\nservice.\\n 4. A broadband service provider who offers a high speed broadband\\nservice to eligible low-income customers, as such term is used in\\nsubdivision two of this section, at a download speed of two hundred\\nmegabits per second or greater at a cost of no more than twenty dollars\\nper month, inclusive of any recurring taxes and fees such as recurring\\nrental fees for service provider equipment required to obtain broadband\\nservice and usage fees, shall be considered to be in compliance with the\\nrequirements of subdivisions two and three of this section. Such\\nproviders may, once every two years, and after thirty days' notice to\\nits customers and the department of public service, increase the price\\nof such service by the lesser of the most recent change in the consumer\\nprice index or a maximum of two percent per year of the price for such\\nservice.\\n 5. The requirements of subdivisions two and three of this section\\nshall not apply to any broadband service provider providing service to\\nno more than twenty thousand households, if the public service\\ncommission determines that compliance with such requirements would\\nresult in unreasonable or unsustainable financial impact on the\\nbroadband service provider.\\n 6. Any contract or agreement for broadband service targeted to\\nlow-income consumers provided by an entity described in subdivision two\\nof this section, pursuant to this section or otherwise, shall have the\\nsame terms and conditions, other than price and speed set pursuant to\\nthis section, as for the regularly priced offerings for similar service\\nprovided by such entity.\\n 7. Every person, business, corporation, or their agents providing or\\nseeking to provide broadband service in New York state shall make all\\ncommercially reasonable efforts to promote and advertise the\\navailability of broadband service for low-income consumers including,\\nbut not limited to, the prominent display of, and enrollment procedures\\nfor, such service on its website and in any written and commercial\\npromotional materials developed to inform consumers who may be eligible\\nfor service pursuant to this section.\\n 8. Every person, business, corporation, or their agents providing or\\nseeking to provide broadband service in New York state shall annually\\nsubmit to the department of public service, no later than November\\nfifteenth after the effective date of this act, and annually thereafter,\\na compliance report setting forth: (a) a description of the service\\noffered pursuant to this section; (b) the number of consumers enrolled\\nin such service; (c) a description of the procedures being used to\\nverify the eligibility of customers receiving such service; (d) a\\ndescription and samples of the advertising or marketing efforts\\nundertaken to advertise or promote such service; (e) a description of\\nall retail rate products, including pricing, offered by such person,\\nbusiness, corporation, or their agents; (f) a description, including\\nspeed and price, of all broadband products offered in the state of New\\nYork; (g) a description of the number of customers in arrears for the\\npayment for broadband service, percentage of customers in arrears that\\nqualify for low-income broadband service, the number of households that\\nhave had their service terminated as a result of non-payment, the number\\nof customers whose service was terminated for arrears arising from\\nnon-payment for services other than broadband service, and the number of\\nhouseholds that have their broadband service restored after being\\ndelinquent on their payments; and such other information as the\\ndepartment of public service may require.\\n 9. The department of public service shall, within two years of the\\neffective date of this section and at least every five years thereafter,\\nundertake a proceeding to determine if the minimum broadband download\\nspeed in this section should be increased to the federal communications\\ncommission's benchmark broadband download speed, or to another minimum\\nbroadband download speed if the federal communications commission has\\nnot increased its benchmark by such date. The department of public\\nservice shall also: (a) undertake appropriate measures to inform the\\npublic about available broadband products, including retail rate product\\nofferings and low-income offerings; and (b) periodically, but no less\\nthan once every five years, review eligibility requirements for the\\nlow-income service required pursuant to this section, and update such\\nrequirements as may be necessary to meet the needs of consumers.\\n 10. Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by the court or\\njustice, enjoining and restraining any further violations, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not more than one thousand dollars per violation. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n * NB There are 2 § 399-zzzzz's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "399-ZZZZZ*2", "title" : "", "docType" : "SECTION", "publishedDates" : [ "2021-05-14", "2021-05-21", "2021-07-09", "2021-11-19", "2023-01-20" ], "docLevelId" : "399-ZZZZZ*2", "activeDate" : "2021-07-09", "sequenceNo" : 801, "repealedDate" : null, "fromSection" : "399-ZZZZZ*2", "toSection" : "399-ZZZZZ*2", "text" : "", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 171 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A27", "title" : "Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-07-24", "2019-01-04", "2019-12-27" ], "docLevelId" : "27", "activeDate" : "2019-12-27", "sequenceNo" : 802, "repealedDate" : null, "fromSection" : "400", "toSection" : "417", "text" : " ARTICLE 27\\n LICENSING OF NAIL SPECIALTY, NATURAL\\n HAIR STYLING, ESTHETICS AND COSMETOLOGY\\nSection 400. Definitions.\\n 401. License required.\\n 402. Powers of the secretary of state.\\n 403. Advisory committee.\\n 404. Rules and regulations.\\n 404-a. Monomeric methyl methacrylate.\\n 404-b. Nail specialty; owner responsibilities.\\n 404-c. Ultraviolet nail drying devices.\\n 405. Appearance enhancement business license; requirements.\\n 406. License application; procedure; requirements; temporary\\n license.\\n 407. Examinations.\\n 408. Licenses; display; renewal; duplicates.\\n 408-a. Trainee.\\n 408-b. Domestic violence and sexual assault awareness education.\\n 409. Fees.\\n 410. Administration.\\n 411. Denial of license; complaints; notice of hearing.\\n 412. Penalties.\\n 413. Judicial review.\\n 414. Official acts used as evidence.\\n 415. Disposition of moneys.\\n 416. Application of article.\\n 417. Separability clause.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "400", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24" ], "docLevelId" : "400", "activeDate" : "2015-07-24", "sequenceNo" : 803, "repealedDate" : null, "fromSection" : "400", "toSection" : "400", "text" : " § 400. Definitions. As used in this article, unless the context\\nrequires otherwise:\\n 1. \"Secretary\" means the secretary of state.\\n 2. \"Person\" means an individual, firm, limited liability company,\\n partnership or corporation.\\n 3. \"Licensee\" means a person licensed pursuant to this article to\\nengage in the practice of natural hair styling, esthetics, nail\\nspecialty or cosmetology, or to operate an appearance enhancement\\nbusiness in which such practice, as herein defined, is provided to the\\npublic.\\n 4. The practice of \"nail specialty\" means providing services for a fee\\nor any consideration or exchange to cut, shape or to enhance the\\nappearance of the nails of the hands or feet. Nail specialty shall\\ninclude the application and removal of sculptured or artificial nails.\\n 5. The practice of \"natural hair styling\" means providing for a fee,\\nor any consideration or exchange, whether direct or indirect, any of the\\nfollowing services to the hair of a human being: shampooing, arranging,\\ndressing, twisting, wrapping, weaving, extending, locking or braiding\\nthe hair or beard by either hand or mechanical appliances. Such practice\\nshall not include cutting, shaving or trimming hair except that such\\nactivities are permissible to the extent that such activities are\\nincidental to the practice of natural hair styling. Such practice shall\\nnot include the application of dyes, reactive chemicals, or other\\npreparations to alter the color or to straighten, curl, or alter the\\nstructure of the hair. Techniques which result in tension on hair roots\\nsuch as certain types of braiding, weaving, wrapping, locking and\\nextending of the hair may only be performed by a natural hair styling or\\ncosmetology licensee who has successfully completed an approved course\\nof study in such techniques.\\n 6. The practice of \"esthetics\" means providing for a fee, or any\\nconsideration or exchange, whether direct or indirect, services to\\nenhance the appearance of the face, neck, arms, legs, and shoulders of a\\nhuman being by the use of compounds or procedures including makeup,\\neyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing,\\nwhether performed by manual, mechanical, chemical or electrical means\\nand instruments but shall not include the practice of electrology.\\n 7. The practice of \"cosmetology\" means providing the services\\ndescribed in subdivisions four, five and six of this section, providing\\nservice to the hair, head, face, neck or scalp of a human being,\\nincluding but not limited to shaving, trimming, and cutting the hair or\\nbeard either by hand or mechanical appliances and the application of\\nantiseptics, powders, oil, clays, lotions or applying tonics to the\\nhair, head, or scalp, and in addition includes providing, for a fee or\\nany consideration or exchange, whether direct or indirect, services for\\nthe application of dyes, reactive chemicals, or other preparations to\\nalter the color or to straighten, curl, or alter the structure of the\\nhair of a human being.\\n 8. \"Appearance enhancement business\" means the business of providing\\nany or all of the services licensed pursuant to this article at a fixed\\nlocation.\\n 9. \"Department\" means the department of state.\\n 10. The practice of \"waxing\" means providing for a fee, or any\\nconsideration or exchange, whether direct or indirect, services to\\nenhance the appearance of the face, neck, arms, legs, or shoulders of a\\nhuman being by the removal of hair by the use of depilatories, waxes or\\ntweezing but shall not include the practice of electrology.\\n 11. \"Trainee\" means a person pursuing in good faith a course of study\\nin the practice of nail specialty under the tutelage, supervision and\\ndirection of a licensed nail practitioner. Such trainee shall be\\nemployed by a licensed appearance enhancement business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "401", "title" : "License required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24" ], "docLevelId" : "401", "activeDate" : "2015-07-24", "sequenceNo" : 804, "repealedDate" : null, "fromSection" : "401", "toSection" : "401", "text" : " § 401. License required. 1. No person shall engage in the practice of\\nnail specialty, waxing, natural hair styling, esthetics or cosmetology,\\nas defined in section four hundred of this article, without having\\nreceived a license to engage in such practice in the manner prescribed\\nin this article. No person shall act as a trainee or perform any service\\nas such unless he or she has obtained a certificate of registration\\npursuant to this article.\\n 2. No person shall own, control or operate, whether as a sole\\nproprietor, partner, shareholder, officer, independent contractor or\\nother person, an appearance enhancement business without having received\\na license for such business in the manner provided in this article.\\n 3. A person licensed by any other state or country to practice nail\\nspecialty, waxing, natural hair styling, esthetics or cosmetology shall\\nbe allowed to practice in New York state for three months or less within\\nany calendar year for the purpose of giving to, or receiving from,\\npersons who are licensed under this article training in current styles,\\ntechniques or materials, provided however, that no such unlicensed\\nperson may provide services to the public for any fee, or other\\ncompensation, whether direct or indirect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "402", "title" : "Powers of the secretary of state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "402", "activeDate" : "2014-09-22", "sequenceNo" : 805, "repealedDate" : null, "fromSection" : "402", "toSection" : "402", "text" : " § 402. Powers of the secretary of state. In addition to the powers and\\nduties elsewhere prescribed in this article, the secretary shall have\\npower to:\\n 1. Appoint a sufficient number of assistants, inspectors and other\\nemployees as may be necessary to carry out the provisions of this\\narticle, to prescribe their duties, and to fix their compensation within\\nthe amount appropriated therefor;\\n 2. Examine the qualifications and fitness of applicants for licenses\\nand prospective applicants taking examinations under this article;\\n 3. Keep records of all licenses issued, suspended or revoked, or\\norders directing the cessation of unlicensed activities;\\n 4. Prepare a manual of rules and regulations for the conduct of\\nexaminations and to furnish copies thereof to persons desiring the same\\nupon payment of a reasonable fee therefor; and\\n 5. Adopt such rules and regulations not inconsistent with the\\nprovisions of this article, as may be necessary with respect to the form\\nand content of applications for licenses, the reception thereof, the\\ninvestigation and examination of applicants and of prospective\\napplicants taking examinations and their qualifications, and the other\\nmatters incidental or appropriate to the powers and duties of the\\nsecretary as prescribed by this article and for the proper\\nadministration and enforcement of the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "403", "title" : "Advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2019-12-27", "2020-06-19" ], "docLevelId" : "403", "activeDate" : "2020-06-19", "sequenceNo" : 806, "repealedDate" : null, "fromSection" : "403", "toSection" : "403", "text" : " § 403. Advisory committee. 1. There shall be established within the\\ndepartment an advisory committee which shall consist of nine members\\nbroadly representative of the appearance enhancement industry; including\\none person engaged in the practice of either nail specialty or waxing;\\ntwo persons engaged in natural hair styling; one of whom shall be\\nknowledgeable in the practice of styling techniques which place tension\\non the hair roots, and one of whom shall ensure strict adherence to\\nquality services for all clients of all hair types, including, but not\\nlimited to, curl pattern, hair strand thickness, and volume of hair; one\\nperson engaged in esthetics; two persons engaged in cosmetology; two\\npersons engaged in training of persons for such practices and one person\\nlicensed as a dermatologist. The secretary shall appoint such persons to\\nserve on the advisory committee, provided, that two shall be appointed\\nby the secretary on the recommendation of the temporary president of the\\nsenate and two shall be appointed by the secretary on the recommendation\\nof the speaker of the assembly. Each member of the committee shall be\\nappointed for terms of two years. Any member may be reappointed for\\nadditional terms. The secretary shall designate from among the members\\nof the committee a chairperson who shall serve at the pleasure of the\\nsecretary.\\n 2. The advisory committee shall meet no less than three times each\\nyear.\\n 3. The advisory committee shall advise the secretary on all matters\\nrelating to this article, and on such other matters as the secretary\\nshall request. In advising the secretary on matters concerning\\nprofessional education or curriculum, inclusive of the maintenance of\\ncultural and ethnic awareness within the prescribed curriculum in regard\\nto hair types, including, but not limited to, curl pattern, hair strand\\nthickness, and volume of hair, the advisory committee shall, to the\\nextent practicable, consult with the state education department. The\\nadvisory committee is directed, in consultation with the department of\\nstate, the New York state office for the prevention of domestic violence\\nand an advocacy group recognized by the federal department of health and\\nhuman services, which has the ability to coordinate statewide and with\\nlocal communities on programming and educational materials related to\\nthe prevention and intervention of domestic violence in New York state,\\nto develop, provide for and integrate awareness training on domestic\\nviolence and sexual assault for all prospective students seeking to be\\nlicensed under this article. Further, on a voluntary basis for those\\nseeking to renew their license as provided for in this article to\\ndevelop and provide access to educational material for domestic violence\\nand sexual assault awareness.\\n 4. The secretary shall designate an employee of the department to act\\nas secretary of the advisory committee, and shall provide such advisory\\ncommittee such stenographic or other assistance as may be necessary.\\n 5. Members of the advisory committee shall receive no compensation but\\nshall be entitled to actual and necessary traveling and other expenses\\nwhile engaged in the performance of such member's duties hereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "404", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24", "2023-11-26", "2024-09-20" ], "docLevelId" : "404", "activeDate" : "2015-07-24", "sequenceNo" : 807, "repealedDate" : null, "fromSection" : "404", "toSection" : "404", "text" : " § 404. Rules and regulations. The secretary shall promulgate rules and\\nregulations which establish standards for practice and operation by\\nlicensees and trainees under this article in order to ensure the health,\\nsafety and welfare of the public including licensees and trainees when\\nthey are working within such establishments. Such rules and regulations\\nshall include, but not be limited to, the sanitary conditions and\\nprocedures required to be maintained, a minimum standard of training\\nappropriate to the duties of nail specialists, trainees, waxers, natural\\nhair stylists, estheticians, and cosmetologists and the provision of\\nservice by nail specialists, trainees, waxers, natural hair stylists,\\nestheticians or cosmetologists at remote locations other than the\\nlicensee's home provided that such practitioner holds an appearance\\nenhancement business license to operate at a fixed location or is\\nemployed by the holder of an appearance enhancement business license.\\nRegulations setting forth the educational requirements for nail\\nspecialists and trainees shall include education in the area of causes\\nof infection and bacteriology. In promulgating such rules and\\nregulations the secretary shall consult with the state education\\ndepartment, the advisory committee established pursuant to this article,\\nany other state agencies and private industry representatives as may be\\nappropriate in determining minimum training requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "404-A", "title" : "Monomeric methyl methacrylate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "404-A", "activeDate" : "2014-09-22", "sequenceNo" : 808, "repealedDate" : null, "fromSection" : "404-A", "toSection" : "404-A", "text" : " § 404-a. Monomeric methyl methacrylate. 1. No owner or operator of an\\nappearance enhancement business shall knowingly:\\n a. sell, use or apply to any person monomeric methyl methacrylate; or\\n b. direct any agent or employee of such business to sell, use or apply\\nto any person monomeric methyl methacrylate.\\n 2. A first violation of this section shall be punishable by a civil\\npenalty of not more than one thousand dollars. A second or any\\nsubsequent violation of this section shall be a class B misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "404-B", "title" : "Nail specialty; owner responsibilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24" ], "docLevelId" : "404-B", "activeDate" : "2015-07-24", "sequenceNo" : 809, "repealedDate" : null, "fromSection" : "404-B", "toSection" : "404-B", "text" : " § 404-b. Nail specialty; owner responsibilities. In addition to any\\nrules and regulations establishing standards for practices and\\noperations by licensees under this article, in order to ensure the\\nhealth, safety and welfare within appearance enhancement businesses, all\\nowners and operators of appearance enhancement businesses which practice\\nnail specialty shall make available for use, gloves and facemasks for\\nnail speciality licensees and trainees who work in such businesses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "404-C", "title" : "Ultraviolet nail drying devices", "docType" : "SECTION", "publishedDates" : [ "2019-01-04", "2019-05-03" ], "docLevelId" : "404-C", "activeDate" : "2019-05-03", "sequenceNo" : 810, "repealedDate" : null, "fromSection" : "404-C", "toSection" : "404-C", "text" : " § 404-c. Ultraviolet nail drying devices. 1. \"Ultraviolet nail drying\\ndevice\" shall mean any equipment which is designed to emit\\nelectromagnetic radiation in the wavelength interval of two hundred to\\nfour hundred nanometers in air, and which is intended to induce nail\\ncuring or hardening through irradiation.\\n 2. If the commissioner of health makes a determination pursuant to\\nsection thirty-five hundred fifty-six of the public health law that\\nultraviolet nail drying devices pose a health hazard to users, any\\nappearance enhancement business where the practice of nail specialty is\\nconducted shall prominently post the notice developed by the department\\nregarding such health hazard in an area clearly visible to patrons in\\nthe licensed appearance enhancement business where the practice of nail\\nspecialty is conducted or in the place where the practice of nail\\nspecialty licensed pursuant to this article is conducted. The department\\nshall develop and make such sign available to each licensee.\\n 3. If the commissioner of health makes a determination pursuant to\\nsection thirty-five hundred fifty-six of the public health law that\\nultraviolet nail drying devices pose a health hazard to users, any\\nappearance enhancement business that utilizes such devices shall comply\\nwith any and all regulations adopted by the department pursuant to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "405", "title" : "Appearance enhancement business license; requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "405", "activeDate" : "2014-09-22", "sequenceNo" : 811, "repealedDate" : null, "fromSection" : "405", "toSection" : "405", "text" : " § 405. Appearance enhancement business license; requirements. 1. Any\\nperson who receives an appearance enhancement business license shall\\noperate such business at the location named in the license and in\\naccordance with the rules and regulations promulgated by the secretary\\npursuant to section four hundred four of this article. Any or all of the\\npractices regulated by this article may be provided under one appearance\\nenhancement business license so long as each practitioner is an\\nappropriate licensee.\\n 2. An appearance enhancement business licensee shall file and maintain\\nduring the term of the license evidence of a bond or liability\\ninsurance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "406", "title" : "License application; procedure; requirements; temporary license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24", "2015-07-24", "2015-10-30" ], "docLevelId" : "406", "activeDate" : "2015-10-30", "sequenceNo" : 812, "repealedDate" : null, "fromSection" : "406", "toSection" : "406", "text" : " § 406. License application; procedure; requirements; temporary\\nlicense. 1. a. Any person intending to practice nail specialty, waxing,\\nnatural hair styling, esthetics or cosmetology as defined in this\\narticle, or to own or operate an appearance enhancement business, shall\\nfirst make application to the secretary for a license therefor.\\n b. Such application shall be in a form and manner prescribed by the\\nsecretary and shall contain such information as, in the secretary's\\njudgment, is reasonable and necessary to determine the qualifications\\nand fitness for licensing of the applicant.\\n c. The application shall be subscribed by the applicant and affirmed\\nunder penalty of perjury.\\n d. Each application shall be accompanied by the appropriate fee as\\nprescribed by this article.\\n e. Each application shall be accompanied by a certificate of a duly\\nlicensed physician, or nurse practitioner to the extent authorized by\\nlaw and consistent with subdivision three of section six thousand nine\\nhundred two of the education law on a form prescribed by the secretary,\\nshowing freedom from any infectious or communicable disease which\\ncertificate shall have been issued within thirty days prior to the date\\nof the filing of the application.\\n f. Notwithstanding the educational requirements of this section, a\\ntrainee may obtain a license to practice nail specialty if such trainee\\nprovides satisfactory evidence to the secretary that such trainee has\\nbeen actively engaged in a traineeship for a period of one year and has\\ncompleted a course of study set forth by the secretary. Such course of\\nstudy may be delivered by electronic means.\\n 2. a. Any person seventeen years of age or older may apply to the\\nsecretary for a license to practice nail specialty, waxing, natural hair\\nstyling, esthetics or cosmetology.\\n b. Each such application shall also be accompanied by satisfactory\\nevidence of having taken and passed the appropriate examination or\\nexaminations offered by the secretary pursuant to this article for the\\nlicense sought and evidence of the successful completion of an approved\\ncourse of study in nail specialty, waxing, natural hair styling,\\nesthetics or cosmetology in a school duly licensed pursuant to the\\neducation law.\\n c. Any applicant for a license to practice nail specialty, waxing,\\nnatural hair styling, esthetics or cosmetology may submit satisfactory\\nevidence of licensure to practice an equivalent occupation issued by any\\nother state, territory, protectorate or dependency of the United States\\nor any other country in lieu of the evidence of schooling and\\nexamination required by this subdivision, provided that such license was\\ngranted in compliance with standards which were, in the judgment of the\\nsecretary, not lower than those of this state and provided that such\\nstate, territory, protectorate, dependency, or country extends similar\\nreciprocity to the licensees of this state, or the applicant practiced\\nan equivalent occupation in such state, territory, protectorate,\\ndependency or country for a minimum of five years, or the applicant is a\\nmember of the household of a member of the armed forces of the United\\nStates, national guard or reserves and was a member of such household\\nbefore such member relocated to the state.\\n d. Notwithstanding the educational requirements of this section and\\nthe testing requirements of this section, an applicant who otherwise has\\nmet the licensing requirements of this article for a nail specialist,\\nwaxer, natural hair stylist, esthetician or cosmetologist who shall\\nprovide satisfactory evidence he or she has been actively and\\ncontinuously engaged in the practice of nail specialty, waxing, natural\\nhair styling, esthetics or cosmetology for at least one year prior to\\nthe effective date of this article, may be issued a license for nail\\nspecialty, waxing, natural hair styling, esthetics or cosmetology\\npursuant to this article. Notwithstanding the educational and testing\\nrequirements of this section, a person licensed to practice barbering\\nunder article twenty-eight of this chapter who otherwise has met the\\nlicensing requirements of this article may be issued a license to\\npractice natural hairstyling. Other than applicants licensed under\\narticle twenty-eight of this chapter, those persons who apply after a\\ntwelve month period from the effective date of this article will be\\nrequired to provide evidence of training and to take the examination or\\nexaminations as required for other licenses pursuant to this article.\\n e. Upon acceptance by the secretary of a proper application for an\\noperator's license to practice nail speciality, waxing, natural hair\\nstyling, esthetics or cosmetology, the secretary may issue a temporary\\noperator's license which shall expire six months from issuance. Upon\\ngood cause shown, the secretary may renew a temporary operator's license\\nfor one additional six-month period upon filing the appropriate\\napplication and fee.\\n 3. Appearance enhancement business license. a. Any person, eighteen\\nyears of age or older, or any firm, limited liability company,\\npartnership or corporation having at least one member eighteen years of\\nage or older may apply to the secretary for an appearance enhancement\\nbusiness license.\\n b. Each such application for an appearance enhancement business\\nlicense shall be accompanied by evidence of a bond or liability\\ninsurance.\\n 4. a. Notwithstanding any provision contained in this article to the\\ncontrary, if any person, eligible for any license pursuant to this\\narticle, should be called to active military service at or during the\\ntime application for any license is required to be filed and license fee\\npaid, pursuant to the provisions of this article, the period within\\nwhich said application may be filed and license fee may be paid, is\\nextended on behalf of such person, until three months after the\\ntermination of said military service.\\n b. In the case of persons who are called to active military service\\nand will be discharged from active military service, the period of two\\nyears specified in paragraph d of subdivision two of this section need\\nnot be continuous. The length of time such person was engaged in the\\npractice of nail specialty, waxing, natural hair styling, esthetics or\\ncosmetology before entering active military service may be added to any\\nperiod of time during which such person was or is engaged in the\\npractice of nail specialty, waxing, natural hair styling, esthetics or\\ncosmetology after the termination of active military service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "407", "title" : "Examinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-11-26", "2024-09-20" ], "docLevelId" : "407", "activeDate" : "2014-09-22", "sequenceNo" : 813, "repealedDate" : null, "fromSection" : "407", "toSection" : "407", "text" : " § 407. Examinations. 1. The examinations for the license to practice\\nnatural hair styling, esthetics, nail specialty and cosmetology shall be\\npractical and written. The examinations for the license to practice\\nwaxing shall be limited to a written examination only. The secretary\\nshall determine reasonable standards of performance for each license and\\nshall evaluate the prospective applicants and applicants on the basis of\\nsuch standards. The objectives of the examinations shall be to insure\\nthat prospective applicants and applicants have sufficient basic skills\\nto safeguard the health and safety of the public and to insure that\\nprospective applicants and applicants have attained adequate levels of\\nskill to competently engage in the activities authorized by the license.\\n 2. The secretary shall prepare examination questions for persons to\\nqualify for licensure under this article. All such examinations shall be\\nthe same for all persons for the license sought at any given\\nexamination. Such test shall not be limited to any specific method or\\nsystem.\\n 3. Examinations shall be in the English language and, at the\\ndiscretion of the secretary, may be translated or transposed into any\\nother language if requested by the prospective applicant and upon\\nsatisfactory proof of the need therefor provided that a request for such\\na translated examination is made of the secretary at the time the\\napplication for license is filed. In the case of physically disabled\\npersons, provision for the alternative administration of the examination\\nmay be made, provided a request for such procedure is made of the\\nsecretary a reasonable time in advance of the examination. Examinations\\nshall be held at least quarterly and shall be given in at least four\\nconvenient places in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "408", "title" : "Licenses; display; renewal; duplicates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-27", "2020-06-19" ], "docLevelId" : "408", "activeDate" : "2020-06-19", "sequenceNo" : 814, "repealedDate" : null, "fromSection" : "408", "toSection" : "408", "text" : " § 408. Licenses; display; renewal; duplicates. 1. All licenses shall\\nexpire four years from the date of issuance.\\n 2. No license shall be assignable or transferrable except pursuant to\\nthe provisions of this article.\\n 3. An appearance enhancement business license may be assigned. When\\nthe appearance enhancement business licensee is a partnership or a\\nlimited liability company, or a corporation, the license may be assigned\\nupon the consent of all members of a partnership or a majority of the\\nvoting members of a limited liability company or the majority\\nshareholders of a corporation, respectively. The application for such\\ntransfer or assignment must be accompanied by proof satisfactory to the\\ndepartment that the requirements herein provided have been complied\\nwith. No assignment or transfer shall become effective unless and until\\nthe endorsement has been made on the face of the license by the\\ndepartment and such license, as endorsed, has been returned to the\\nassignee or transferee. All such requests for endorsements shall be\\naccompanied by a five dollar fee. A bona fide purchaser of a licensed\\nappearance enhancement business may continue to use the license of the\\nseller for a period of thirty days from the date of the sale, provided\\nthere is endorsed on the face thereof the name of the purchaser, the\\ndate of the sale, and the signatures of the seller and the purchaser;\\nand provided further within five working days from the date of the sale\\nan application, in accordance with the provisions of this article, shall\\nbe presented by the purchaser to the secretary for an appearance\\nenhancement business license.\\n 4. An appearance enhancement business license issued to an individual\\nor to a partnership may be used after the death of the licensed\\nindividual or co-partner by the next of kin or duly appointed\\nadministrator or executor in the name of the estate for a period of not\\nmore than one hundred twenty days from the date of death of such\\nindividual or co-partner provided that there is endorsed upon the face\\nof the license certificate after the name of the decedent the word\\n\"deceased\", the date of death and the name of the next of kin,\\nadministrator or executor under whose authority the license is being\\nused; the period of one hundred twenty days aforesaid may be extended\\nupon application to the secretary of state and for good cause shown for\\nan additional period not to exceed one hundred twenty days. Any license\\nso continued which shall expire during such period of one hundred twenty\\ndays or the extension thereof may be renewed by the next of kin,\\nadministrator or executor for the balance of such period or the\\nextension thereof.\\n 5. A license certificate issued pursuant to this article shall be\\nposted in some conspicuous place in the licensed premises or in the\\nplace where the practice of an occupation licensed pursuant to this\\narticle is conducted. At the entrance to each licensed premises or at\\nthe entrance to any place where the practice of an occupation licensed\\npursuant to this article is conducted, a sign shall be posted which\\nshall include the rules and regulations governing such practice and a\\nmanner in which aggrieved persons may register a complaint with the\\ndepartment. The department shall prepare and furnish such sign to each\\nlicensee.\\n 6. Any license, which has not been suspended or revoked, may, upon the\\npayment of the renewal fee, be renewed for additional periods of four\\nyears from its application, without further examination, upon the filing\\nof an application for such renewal, on a form to be prescribed by the\\nsecretary. When an applicant seeks to renew their license, the\\ndepartment shall notify applicants of voluntary domestic violence and\\nsexual assault awareness education courses that can be accessed through\\nthe department's website.\\n 7. Any person failing to file for renewal of a license pursuant to the\\nprovisions of this article within one year immediately following the\\nexpiration of such person's last license shall pay an additional fee of\\nten dollars, and if such person fails to file application and fee for\\nrenewal within five years, such person shall be ineligible for such\\nlicense until such person shall have again passed an examination.\\n 8. A duplicate license certificate may be issued for one lost,\\ndestroyed or mutilated upon the application therefor on a form\\nprescribed by the secretary and the payment of the fee prescribed\\ntherefor by this article. Each such duplicate license shall have the\\nword \"duplicate\" stamped across the face thereof and shall bear the same\\nnumber as the one it replaces.\\n 9. Notice in writing shall be given the secretary at the office of the\\nsecretary in Albany by the holder of an appearance enhancement business\\nlicense of any change of address. The licensee shall correct the address\\non the license upon the filing of such notice.\\n 10. Any licensee who fails to file any notice of change in the status\\nof a license required by the provisions of this article shall be subject\\nto the monetary fines set forth in section four hundred ten of this\\narticle.\\n 11. Such license certificate shall contain a photograph of the\\nlicensee and the licensee's name. Nowhere on the license shall be the\\naddress of the licensee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "408-A", "title" : "Trainee", "docType" : "SECTION", "publishedDates" : [ "2015-07-24" ], "docLevelId" : "408-A", "activeDate" : "2015-07-24", "sequenceNo" : 815, "repealedDate" : null, "fromSection" : "408-A", "toSection" : "408-A", "text" : " § 408-a. Trainee. 1. Each applicant for a certificate of registration\\nas a trainee shall make an application which shall include the\\nphysician's certificate required by paragraph e of subdivision one of\\nsection four hundred six of this article, two recent photographs, and\\nsuch other information required by such section and in such form as the\\nsecretary may prescribe.\\n 2. A certificate of registration as a trainee shall be for a period of\\none year, renewable for a second year, and may be renewed for additional\\nterms within the discretion of the secretary.\\n 3. Each certificate of registration issued as provided in this section\\nshall be posted in a conspicuous place in the appearance enhancement\\nbusiness in which the trainee is actually engaged in the practice of\\nnail specialty as a trainee.\\n 4. The holder of a certificate of registration as a trainee shall not\\nbe entitled to an appearance enhancement business license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "408-B", "title" : "Domestic violence and sexual assault awareness education", "docType" : "SECTION", "publishedDates" : [ "2019-12-27", "2020-04-24", "2020-06-19" ], "docLevelId" : "408-B", "activeDate" : "2020-06-19", "sequenceNo" : 816, "repealedDate" : null, "fromSection" : "408-B", "toSection" : "408-B", "text" : " § 408-b. Domestic violence and sexual assault awareness education. The\\ndepartment shall ensure that domestic violence and sexual assault\\nawareness education courses are made available to all licensees and\\napplicants for a license or renewal pursuant to this article and that\\nsuch courses are offered through the department's website. The\\ndepartment, in consultation with the office for the prevention of\\ndomestic violence and advocacy groups recognized by the federal\\ndepartment of health and human services or the federal department of\\njustice, which have the ability to coordinate statewide and with local\\ncommunities on programming and educational materials related to the\\nprevention and intervention of domestic violence or sexual assault in\\nNew York state, shall develop and provide access to domestic violence\\nand sexual assault awareness education courses appropriate for those\\nlicensed under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "409", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24" ], "docLevelId" : "409", "activeDate" : "2015-07-24", "sequenceNo" : 817, "repealedDate" : null, "fromSection" : "409", "toSection" : "409", "text" : " § 409. Fees. 1. The non-refundable fee for an application for a\\nlicense to engage in the practice of nail specialty, waxing, natural\\nhair styling, esthetics or cosmetology, shall be forty dollars initially\\nand for each renewal thereof the fee shall be forty dollars; the fee for\\na temporary license and each renewal shall be ten dollars.\\n 2. The fee for an appearance enhancement business license shall be\\nsixty dollars initially and sixty dollars for each renewal thereof.\\n 3. Upon a determination that it is in the best public interest to do\\nso, the secretary may promulgate rules imposing fees not to exceed\\ntwenty dollars for the registration and renewal of the registration of a\\ntrainee.\\n 4. The secretary shall receive a non-refundable examination fee of\\nfifteen dollars from each person who takes a written examination\\npursuant to this article. Fees collected pursuant to this article shall\\nbe deposited to the credit of the business and licensing services\\naccount established pursuant to the provisions of section ninety-seven-y\\nof the state finance law.\\n 5. The fee for issuing a duplicate license certificate, in\\nsubstitution for one lost, destroyed or mutilated shall be ten dollars.\\n 6. The fee for changing a name on an appearance enhancement business\\nlicense shall be thirty dollars.\\n 7. The fee for changing the address on a license shall be ten dollars.\\n 8. The fees herein set forth shall be those for licenses issued for\\nthe license period of four years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "410", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24", "2018-08-17", "2018-11-16" ], "docLevelId" : "410", "activeDate" : "2018-11-16", "sequenceNo" : 818, "repealedDate" : null, "fromSection" : "410", "toSection" : "410", "text" : " § 410. Administration. 1. Suspension and revocation of licenses or\\nregistrations; fines; reprimands. A license or registration issued\\npursuant to this article may be suspended or revoked, or a fine not\\nexceeding five hundred dollars payable to the department may be imposed\\nfor any one or more of the following causes:\\n a. Fraud or bribery in securing a license or registration or\\npermission to take an examination therefor.\\n b. The making of any false statement as to a material matter in any\\napplication or other statement or certificate required by or pursuant to\\nthis article.\\n c. Incompetence or untrustworthiness.\\n d. Failure to display the license or registration as provided in this\\narticle.\\n e. Violation of any provision of this article, or of any rule or\\nregulation adopted hereunder.\\n f. Conviction of any of the following crimes subsequent to the\\nissuance of a license or registration pursuant to this article: fraud\\npursuant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and\\n190.65; falsifying business records pursuant to section 175.10; grand\\nlarceny pursuant to article 155; bribery pursuant to sections 180.03,\\n180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,\\n200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;\\nassault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery\\npursuant to article 160; homicide pursuant to sections 125.25 and\\n125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping\\nand unlawful imprisonment pursuant to sections 135.10, 135.20 and\\n135.25; unlawful weapons possession pursuant to sections 265.02, 265.03\\nand 265.04; criminal use of a weapon pursuant to sections 265.08 and\\n265.09; criminal sale of a weapon pursuant to sections 265.11 and\\n265.12; compelling prostitution pursuant to section 230.33; sex\\ntrafficking pursuant to section 230.34; sex trafficking of a child\\npursuant to section 230.34-a; and sex offenses pursuant to article 130\\nof the penal law. Provided, however, that for the purposes of this\\narticle, none of the following shall be considered criminal convictions\\nor reported as such: (i) a conviction for which an executive pardon has\\nbeen issued pursuant to the executive law; (ii) a conviction which has\\nbeen vacated and replaced by a youthful offender finding pursuant to\\narticle seven hundred twenty of the criminal procedure law, or the\\napplicable provisions of law of any other jurisdiction; or (iii) a\\nconviction the records of which have been expunged or sealed pursuant to\\nthe applicable provisions of the laws of this state or of any other\\njurisdiction; and (iv) a conviction for which other evidence of\\nsuccessful rehabilitation to remove the disability has been issued.\\n Provided, however, a fine shall not be imposed for the causes\\nspecified in paragraph f of this subdivision.\\n In lieu of or in conjunction with the suspension or revocation of a\\nlicense or registration, or the imposition of a fine pursuant to this\\nsection, the secretary may issue a reprimand. When a license or\\nregistration issued pursuant to this article is revoked, such license or\\nregistration shall not be reinstated or reissued until after the\\nexpiration of a period of one year from the date of such revocation. No\\nlicense or registration shall be issued after a second revocation.\\n 2. Unlicensed activities. a. The secretary may issue an order\\ndirecting the cessation of any activity related to nail specialty,\\nwaxing, natural hair styling, esthetics or cosmetology for which a\\nlicense is required by this article upon a determination that a person,\\npartnership, limited liability company or business corporation, engaging\\nin the business or occupation of, or holding himself, herself or itself\\nout as or acted, temporarily or otherwise, as a nail specialist, natural\\nhair stylist, esthetician or cosmetologist within this state without a\\nvalid license being in effect. The secretary shall, before making such\\ndetermination and order, afford such person, partnership, limited\\nliability company or business corporation an opportunity to be heard in\\nperson or by counsel in reference thereto in an adjudicatory proceeding\\nheld pursuant to section four hundred eleven of this article as\\napplicable.\\n b. Notwithstanding any provision to the contrary, if the secretary\\nfinds that a person, partnership, limited liability company or business\\ncorporation, is holding himself, herself or itself out as or is acting\\nas, temporarily or otherwise, an appearance enhancement business within\\nthis state without a valid license, the secretary shall provide the\\nperson, partnership, limited liability company or business corporation\\nwith a written notice of violation and complaint, and shall afford an\\nopportunity to be heard, either in person or by counsel, before an\\nadministrative law judge no sooner than three days from delivery of such\\nnotice of violation. If documentary proof that the deficiency has been\\ncured is not provided to the secretary at or before such hearing,\\nfollowing a hearing determination that unlicensed activities have\\noccurred, the secretary may issue an immediate order directing the\\ncessation of any activity for which an appearance enhancement license is\\nrequired.\\n c. The secretary may issue an order directing the cessation of any\\nactivity if the secretary finds that a person, including a partnership,\\na limited liability company or business corporation, is holding himself,\\nherself or itself out as or is acting as, temporarily or otherwise, an\\nappearance enhancement business within the state without a (i) bond or\\n(ii) liability insurance or liability coverage which is covered through\\na bond. The secretary shall, before making such determination and order,\\nafford such person, partnership, limited liability company or business\\ncorporation an opportunity to be heard in person or by counsel in\\nreference thereto in an adjudicatory proceeding held pursuant to section\\nfour hundred eleven of this article. The enforcement of this provision\\nshall require the department of financial services to certify in writing\\nto the secretary that any bonds or liability insurance that is required\\nby the department is readily available to appearance enhancement\\nbusinesses from the market place.\\n d. The attorney general, acting on behalf of the secretary, may\\ncommence an action or proceeding in a court of competent jurisdiction to\\nobtain a judgment against such person, partnership, limited liability\\ncompany or business corporation in an amount equal to that assessed as a\\ncivil penalty. Said judgment shall thereafter be enforceable by any\\nmeans authorized by the civil practice law and rules.\\n e. Where an appearance enhancement business operator continues to\\noperate without a license following the issuance of an order by the\\nsecretary directing cessation, the attorney general, acting on behalf of\\nthe secretary, may commence an action or proceeding in a court of\\ncompetent jurisdiction against such operator to obtain an order\\nenjoining further operation of such business. An appearance enhancement\\nbusiness that has been ordered to cease operation shall not re-open\\nwithout first obtaining a license as required by this article and paying\\nany assessed fines.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "411", "title" : "Denial of license; complaints; notice of hearing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24" ], "docLevelId" : "411", "activeDate" : "2015-07-24", "sequenceNo" : 819, "repealedDate" : null, "fromSection" : "411", "toSection" : "411", "text" : " § 411. Denial of license; complaints; notice of hearing. 1. Denial of\\nlicense or registration. The department shall, before making a final\\ndetermination to deny an application for a license or registration,\\nnotify the applicant in writing of the reasons for such proposed denial\\nand shall afford the applicant an opportunity to be heard in person or\\nby counsel prior to denial of the application. Such notification shall\\nbe served personally or by certified mail or in any manner authorized by\\nthe civil practice law and rules for service of a summons. If a hearing\\nis requested, such hearing shall be held at such time and place as the\\ndepartment shall prescribe. If the applicant fails to make a written\\nrequest for a hearing within thirty days after receipt of such\\nnotification, then the notification of denial shall become the final\\ndetermination of the department. The department, acting by such officer\\nor person in the department as the secretary may designate, shall have\\nthe power to subpoena and bring before the officer or person so\\ndesignated any person in this state, and administer an oath to and take\\ntestimony of any person or cause his deposition to be taken. A subpoena\\nissued under this section shall be regulated by the civil practice law\\nand rules. If, after such hearing, the application is denied, written\\nnotice of such denial shall be served upon the applicant personally or\\nby certified mail or in any manner authorized by the civil practice law\\nand rules for the service of a summons.\\n 2. Revocation, suspension, reprimands, fines; unlicensed activities.\\nThe department shall, before revoking or suspending any license or\\nregistration or imposing any fine or reprimand on the holder thereof, or\\nbefore issuing any order directing the cessation of unlicensed\\nactivities, and at least ten days prior to the date set for the hearing,\\nnotify in writing the holder of such license or registration, or the\\nperson alleged to have engaged in unlicensed or unregistered activities,\\nof any charges made and shall afford such person an opportunity to be\\nheard in person or by counsel in reference thereto. Such written notice\\nmay be served by delivery of same personally to the licensee or\\nregistrant or person charged, or by mailing same by certified mail to\\nthe last known business or other address provided by such person to the\\nsecretary of state, or by any method authorized by the civil practice\\nlaw and rules for the service of a summons. The hearing on such charges\\nshall be at such time and place as the department shall prescribe.\\n 3. The department, acting by such officer or person in the department\\nas the secretary may designate, shall have the power to subpoena and\\nbring before the officer or person so designated any person in this\\nstate, and administer an oath to and take testimony of any person or\\ncause his deposition to be taken. A subpoena issued under this section\\nshall be regulated by the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "412", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-24" ], "docLevelId" : "412", "activeDate" : "2015-07-24", "sequenceNo" : 820, "repealedDate" : null, "fromSection" : "412", "toSection" : "412", "text" : " § 412. Penalties. 1. The practice of nail specialty, waxing, natural\\nhair styling, esthetics or cosmetology without a license or while under\\nsuspension or revocation, or in violation of an order directing the\\ncessation of unlicensed activity issued by the secretary pursuant to\\nsection four hundred ten or four hundred eleven of this article, is a\\nviolation and is subject to a civil penalty of up to five hundred\\ndollars for the first violation; one thousand dollars for a second such\\nviolation; and two thousand five hundred dollars for a third violation\\nand any subsequent violation.\\n 2. The following violations shall be deemed separate offenses and be\\ndeemed a misdemeanor, and upon conviction, shall be punishable by\\nimprisonment for not more than six months, or by a fine of up to two\\nthousand five hundred dollars or by both such fine and imprisonment:\\n (a) the operation of an appearance enhancement business without a\\nlicense or when such license has been suspended or revoked; or\\n (b) the operation of an appearance enhancement business in violation\\nof an order directing the cessation of unlicensed activity issued by the\\nsecretary pursuant to section four hundred ten of this article.\\n 3. The operation of an appearance enhancement business without a (a)\\nbond or (b) liability insurance or liability coverage which is covered\\nthrough a bond shall be punishable by a civil penalty of up to two\\nthousand five hundred dollars. The enforcement of this provision shall\\nrequire the department of financial services to certify in writing to\\nthe secretary that any bonds or liability insurance that is required by\\nthe department is readily available to appearance enhancement businesses\\nfrom the market place.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "413", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "413", "activeDate" : "2014-09-22", "sequenceNo" : 821, "repealedDate" : null, "fromSection" : "413", "toSection" : "413", "text" : " § 413. Judicial review. The action of the secretary in suspending,\\nrevoking or refusing to issue or renew a license, or issuing an order\\ndirecting the cessation of unlicensed activity or imposing a fine or\\nreprimand may be appealed by a proceeding brought under and pursuant to\\narticle seventy-eight of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "414", "title" : "Official acts used as evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "414", "activeDate" : "2014-09-22", "sequenceNo" : 822, "repealedDate" : null, "fromSection" : "414", "toSection" : "414", "text" : " § 414. Official acts used as evidence. The official acts of the\\nsecretary and the department shall be prima facie evidence of the facts\\ntherein and shall be entitled to be received as evidence on all actions\\nat law and other legal proceedings in any court or before any board,\\nbody or officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "415", "title" : "Disposition of moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "415", "activeDate" : "2014-09-22", "sequenceNo" : 823, "repealedDate" : null, "fromSection" : "415", "toSection" : "415", "text" : " § 415. Disposition of moneys. All moneys derived from the operation of\\nthis article shall be deposited to the credit of the business and\\nlicensing services account established pursuant to section\\nninety-seven-y of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "416", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "416", "activeDate" : "2014-09-22", "sequenceNo" : 824, "repealedDate" : null, "fromSection" : "416", "toSection" : "416", "text" : " § 416. Application of article. 1. This article shall not apply to or\\naffect the practice of the profession by duly licensed physicians,\\nosteopaths, dentists, optometrists, nurses or physiotherapists.\\n 2. This article shall not apply to, affect or prevent home\\nadministration, without compensation or other consideration, of any\\npractices defined in this article, nor shall the provisions of this\\narticle be construed to prevent the application of facial creams and\\nlotions by persons working for the manufacturer of such creams and\\nlotions in its establishment and under the direction of a licensed\\nesthetician. Also, this article shall not apply to the retail sale, or\\nthe trial demonstration by application to the skin for purposes of\\nretail sale, of tonics, antiseptics, powders, oils, clays, lotions,\\ncreams, cosmetics, cosmetic preparations or compounds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "417", "title" : "Separability clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "417", "activeDate" : "2014-09-22", "sequenceNo" : 825, "repealedDate" : null, "fromSection" : "417", "toSection" : "417", "text" : " § 417. Separability clause. If any part or provision of this article\\nor the application thereof to any person or circumstance be adjudged\\ninvalid by any court of competent jurisdiction, such judgment shall be\\nconfined in its operation to the part, provision or application directly\\ninvolved in the controversy in which such judgment shall have been\\nrendered and shall not affect or impair the validity of the remainder of\\nthis article or application thereof to other persons or circumstances\\nand the legislature hereby declares that it would have enacted this\\narticle or the remainder thereof had the invalidity of such provision or\\napplication thereof been apparent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 23 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A27-A", "title" : "Licensing of Coin Processors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "27-A", "activeDate" : "2014-09-22", "sequenceNo" : 826, "repealedDate" : null, "fromSection" : "418", "toSection" : "429", "text" : " ARTICLE 27-A\\n LICENSING OF COIN PROCESSORS\\nSection 418. Short title.\\n 419. Definitions.\\n 420. Doing business without license prohibited.\\n 421. Application for licenses.\\n 422. Conditions precedent to licensing.\\n 423. Licensing.\\n 424. Grounds for denial, suspension or revocation of license;\\n procedure.\\n 425. Insurance.\\n 426. Violations and penalties.\\n 427. Preemption.\\n 428. Regulations.\\n 429. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "418", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "418", "activeDate" : "2014-09-22", "sequenceNo" : 827, "repealedDate" : null, "fromSection" : "418", "toSection" : "418", "text" : " § 418. Short title. This article shall be known and may be cited as\\nthe \"coin processor licensing act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "419", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "419", "activeDate" : "2014-09-22", "sequenceNo" : 828, "repealedDate" : null, "fromSection" : "419", "toSection" : "419", "text" : " § 419. Definitions. When used in this article:\\n 1. The term \"applicant\" means a coin processor who has filed an\\napplication with the department for a license.\\n 2. The term \"coin processor\" means any individual, partnership,\\nassociation or corporation engaged in the business of providing coin\\nprocessing services.\\n 3. The term \"coin processing services\" means the taking in, holding\\nand counting of coins received by other businesses and exchanging such\\ncoins for an equivalent amount of money, currency, coins or negotiable\\ninstruments for a negotiated service fee. This term does not include any\\ncorporations, unincorporated associations, partnerships and individuals\\nsubject to the provisions of the banking law nor does it include any\\n\"food processing establishment\" as defined in subdivision three of\\nsection two hundred fifty-one-z-two of the agriculture and markets law\\nwhich owns a coin counting machine and makes this service available to\\nits customers nor does it include any \"armored car carrier\". The term\\n\"armored car carrier\" shall have the same meaning as such term is\\ndefined in section eighty-nine-bbb of this chapter.\\n 4. The term \"department\" means the department of state.\\n 5. The term \"division\" means the division of criminal justice\\nservices.\\n 6. The term \"licensee\" means a coin processor that has been issued a\\nlicense in accordance with the provisions of this article.\\n 7. The term \"secretary\" means the secretary of state.\\n 8. The term \"principal owner\" means any person controlling an interest\\ngreater than ten percent in a business providing coin processing\\nservices, or any person with a controlling interest in a company that\\nhas a controlling interest in a business providing coin processing\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "420", "title" : "Doing business without license prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "420", "activeDate" : "2014-09-22", "sequenceNo" : 829, "repealedDate" : null, "fromSection" : "420", "toSection" : "420", "text" : " § 420. Doing business without license prohibited. No coin processor\\nshall operate in the state except as authorized by this article and\\nwithout first being licensed by the department. All coin processors\\noperating in the state after the effective date of this article shall\\nbecome licensed within one year of such date.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "421", "title" : "Application for licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "421", "activeDate" : "2014-09-22", "sequenceNo" : 830, "repealedDate" : null, "fromSection" : "421", "toSection" : "421", "text" : " § 421. Application for licenses. 1. Application for a license required\\nunder this article shall be in writing, under oath, and in the form\\nprescribed by the secretary, and shall contain the following:\\n a. The exact name and the address of the applicant and its date of\\nincorporation;\\n b. The name and the business and residential address of each principal\\nand officer of the applicant;\\n c. The complete address where the business of the applicant is to be\\nconducted, showing the street and number, if any, post office and\\nbuilding and room number, if any, the office building and room number,\\nif any, and the municipality and county;\\n d. If the applicant has one or more branches, subsidiaries or\\naffiliates operating in the state, the complete address of each such\\nplace of business; and\\n e. A complete set of two fingerprint cards for each principal and\\nofficer of the applicant on a standard fingerprint card approved by the\\ndivision and a fee pursuant to subdivision eight-a of section eight\\nhundred thirty-seven of the executive law, and amendments thereto, for\\nthe cost of the division's full search and retain procedures, which fee\\nshall be remitted by the department to the division for deposit by the\\ncomptroller into the general fund. Before approving such application the\\nsecretary, or his or her designee, shall forward one copy of such\\nfingerprint card and the processing fee to the division upon receipt of\\nsuch fingerprints. The division shall forward to the secretary a report\\nwith respect to the applicant's previous criminal history, if any, or a\\nstatement that the applicant has no previous criminal history according\\nto its files. If additional copies of fingerprints are required the\\napplicant shall furnish them upon request.\\n 2. Upon original application for a license to operate as a coin\\nprocessor, the applicant shall pay an application fee, in such amount as\\nmay be determined by the secretary, not to exceed three hundred dollars.\\nUpon application for a license renewal, the licensee shall pay a renewal\\nprocessing fee in such amount as shall be determined by the secretary,\\nnot to exceed three hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "422", "title" : "Conditions precedent to licensing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "422", "activeDate" : "2014-09-22", "sequenceNo" : 831, "repealedDate" : null, "fromSection" : "422", "toSection" : "422", "text" : " § 422. Conditions precedent to licensing. Upon filing of an\\napplication for a license, if the secretary shall be satisfied of the\\ngood character, competency and integrity of the applicant, and of the\\nprincipals and officers thereof are such as to comply with the\\nprovisions of this article, he or she shall thereupon issue a license in\\nduplicate to operate as a coin processor in accordance with the\\nprovisions of this article. The secretary shall transmit one copy of\\nsuch license to the licensee and file another in the office of the\\ndepartment. Such license shall remain in full force and effect for a\\nperiod of two years unless it is surrendered by the licensee or revoked\\nor suspended as hereinafter provided; if the secretary shall not so\\nfind, the secretary shall not issue such license and the secretary shall\\nnotify the applicant of the denial in writing. The secretary shall\\napprove or deny every application for license hereunder within ninety\\ndays from the filing thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "423", "title" : "Licensing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "423", "activeDate" : "2014-09-22", "sequenceNo" : 832, "repealedDate" : null, "fromSection" : "423", "toSection" : "423", "text" : " § 423. Licensing. 1. Each license issued under this article shall\\nstate the address or addresses at which the business is to be conducted\\nand shall state fully the name of the licensee, and the date and place\\nof its incorporation and the expiration date of the license. A copy of\\nsuch license shall be prominently posted in each place of business of\\nthe licensee. Such license shall not be transferable or assignable.\\n 2. In the event the location at which the business is to be conducted\\nshall be changed, the licensee shall forthwith notify the secretary in\\nwriting, who shall thereupon without charge attach to the license a\\nrider setting forth such changed location.\\n 3. In the event that there shall be any change among the principals or\\nofficers of any licensee, the licensee shall forthwith notify the\\nsecretary in writing, of the name and address of each new principal or\\nofficer, and shall submit a complete set of two fingerprint cards for\\neach such principal or officer in accordance with the provisions of\\nparagraph e of subdivision one of section four hundred twenty-one of\\nthis article.\\n 4. Prior to or upon the sale or transfer of all or the majority of the\\nstock or assets of any coin processor, the new principals or officers\\nshall apply for a new license with the department in accordance with the\\nprovisions of section four hundred twenty-one and section four hundred\\ntwenty-two of this article. Such application shall be made within sixty\\ndays of such sale or transfer.\\n 5. A license granted under the provisions of this article may be\\nrenewed by the department upon application therefor by the licensee, in\\nsuch form as the department may prescribe, accompanied by the\\nnon-refundable renewal processing fee pursuant to subdivision two of\\nsection four hundred twenty-one of this article. In no event will\\nrenewal be granted more than six months after the date of expiration of\\na license. No person, firm, company, partnership or corporation shall\\ncarry on any business subject to this article during any period which\\nmay exist between the date of expiration of a license and the renewal\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "424", "title" : "Grounds for denial, suspension or revocation of license; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "424", "activeDate" : "2014-09-22", "sequenceNo" : 833, "repealedDate" : null, "fromSection" : "424", "toSection" : "424", "text" : " § 424. Grounds for denial, suspension or revocation of license;\\nprocedure. 1. The secretary shall have the power to suspend or revoke a\\nlicense or, in lieu thereof, to impose a fine not exceeding one thousand\\ndollars payable to the department, or reprimand any licensee or deny an\\napplication for a license or renewal thereof upon proof:\\n a. that the applicant or licensee has violated any of the provisions\\nof this article or the rules and regulations promulgated hereunder;\\n b. that the applicant or licensee has practiced fraud, deceit or\\nmisrepresentation;\\n c. that the applicant or licensee has made a material misstatement in\\nthe application for or renewal of his or her license; or\\n d. that the applicant or licensee has demonstrated incompetence or\\nuntrustworthiness in his or her actions.\\n 2. No license shall be revoked or suspended except after written\\nnotice and a hearing as set forth in subdivisions two, three, four, five\\nand six of section seventy-nine of this chapter.\\n 3. Every license issued hereunder shall remain in full force and\\neffect for a period of two years unless the same shall have been\\nsurrendered, revoked or suspended in accordance with the provisions of\\nthis article, but the secretary shall have authority to reinstate a\\nsuspended license or to issue a new license to a licensee whose license\\nshall have been revoked if no fact or condition then exists which would\\nhave warranted the secretary in refusing originally to issue such\\nlicense under this article.\\n 4. Whenever the secretary shall revoke or suspend a license issued\\npursuant to this article, the secretary shall forthwith execute in\\nduplicate a written order to that effect. The secretary shall file one\\ncopy of such order in the office of the department and shall forthwith\\nserve the other copy upon the licensee. Any such order may be reviewed\\nin the manner provided by article seventy-eight of the civil practice\\nlaw and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "425", "title" : "Insurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "425", "activeDate" : "2014-09-22", "sequenceNo" : 834, "repealedDate" : null, "fromSection" : "425", "toSection" : "425", "text" : " § 425. Insurance. 1. Every coin processor shall obtain a minimum of\\nten million dollars all risk insurance coverage and such additional\\namounts as are sufficient to cover the value of coins consigned to such\\ncoin processor for counting. In addition, each such coin processor shall\\nobtain comprehensive general liability insurance coverage for death,\\npersonal injury and property damage in the minimum amount of five\\nhundred thousand dollars per occurrence and one million dollars in the\\naggregate.\\n 2. A written certificate or certificates of insurance shall be\\nprovided to the secretary by all coin processors as part of the\\napplication for licenses process set forth in section four hundred\\ntwenty-one of this article.\\n 3. Failure by a coin processor to keep such all risk insurance or\\ncomprehensive general liability insurance coverage in full force and\\neffect, shall be grounds for the secretary to refuse to issue or renew a\\nlicense or to suspend or revoke such license, in accordance with the\\nprovisions of section four hundred twenty-four of this article.\\n 4. All such insurance required by this section shall be issued by an\\ninsurer authorized to do business in the state or otherwise be procured\\nby an excess line broker duly licensed pursuant to the applicable\\nprovisions of the insurance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "426", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "426", "activeDate" : "2014-09-22", "sequenceNo" : 835, "repealedDate" : null, "fromSection" : "426", "toSection" : "426", "text" : " § 426. Violations and penalties. 1. Any person, partnership,\\nassociation or corporation and the several members, principals,\\nofficers, directors, agents and employees thereof, who knowingly and\\nwillfully makes material misstatements in the application for a renewal\\nof a license in this article shall be guilty of a misdemeanor, which\\nupon conviction shall be punishable by imprisonment for not more than\\nsix months or by a fine of not more than one thousand dollars, or by\\nboth such fine and imprisonment, upon the first conviction and by a term\\nof imprisonment not to exceed one year, or by a fine of not less than\\none thousand dollars and not to exceed two thousand five hundred\\ndollars, or by both such fine and imprisonment, upon a subsequent\\nconviction.\\n 2. Any licensee who shall knowingly and willfully fail to surrender\\nhis or her license within five days of receipt of notice of suspension,\\nrevocation or non-renewal thereof by the secretary, or the officer\\ndesignated by the secretary to preside over the hearing, pursuant to the\\nprovisions of section four hundred twenty-four of this article, shall be\\nguilty of a violation, punishable by a fine not to exceed two hundred\\nfifty dollars, in addition to any other penalty prescribed by law.\\n 3. Notwithstanding the provisions of subdivision two of this section,\\nwhen it is determined after a hearing pursuant to section four hundred\\ntwenty-four of this article that the licensee has violated one or more\\nprovisions of this article, the secretary may, in lieu of revocation or\\nsuspension of such license, impose a fine not to exceed one thousand\\ndollars for each violation payable to the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "427", "title" : "Preemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "427", "activeDate" : "2014-09-22", "sequenceNo" : 836, "repealedDate" : null, "fromSection" : "427", "toSection" : "427", "text" : " § 427. Preemption. 1. The provisions of this article shall exclusively\\ngovern all coin processors notwithstanding the provisions of any other\\nlaw to the contrary and further, no local law shall be enacted which\\nshall require any fee or license for the licensure or registration of\\ncoin processors.\\n 2. The provisions of this article shall not apply to any subsidiary of\\nan entity organized and operating pursuant to the Bank Holding Company\\nAct of 1956 (12 USCA 1841 et seq.).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "428", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "428", "activeDate" : "2014-09-22", "sequenceNo" : 837, "repealedDate" : null, "fromSection" : "428", "toSection" : "428", "text" : " § 428. Regulations. The secretary is hereby authorized and empowered\\nto make such rules and regulations necessary for the proper conduct of\\nthe business authorized under this article, and not inconsistent\\nherewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "429", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "429", "activeDate" : "2014-09-22", "sequenceNo" : 838, "repealedDate" : null, "fromSection" : "429", "toSection" : "429", "text" : " § 429. Separability. In the event it is determined by a court of\\ncompetent jurisdiction that any phrase, clause, part, subdivision,\\nparagraph or section, or any of the provisions of this article is\\nunconstitutional or otherwise invalid or inoperative, such determination\\nshall not affect the validity or effect of the remaining provisions of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28", "title" : "Practice of Barbering", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28", "activeDate" : "2014-09-22", "sequenceNo" : 839, "repealedDate" : null, "fromSection" : "430", "toSection" : "447", "text" : " ARTICLE 28\\n PRACTICE OF BARBERING\\nSection 430. Purpose of article.\\n 431. Definitions.\\n 432. Practice of barbering; license required; apprentices.\\n 433. Powers of the secretary of state.\\n 434. License after examination; application to take.\\n 435. License without examination; temporary licenses.\\n 436. Sanitary rules.\\n 437. Apprentices.\\n 438. Barber shop owner's license; requirements.\\n 439. Licenses; display; renewal; duplicates.\\n 440. Fees.\\n 441. Suspension and revocation of licenses and certificates.\\n 442. Hearing on charges; decision.\\n 443. Judicial review.\\n 444. Violations and penalties.\\n 444-a. Official acts used as evidence.\\n 445. Disposition of moneys derived from operation of article.\\n 446. Application of article.\\n 447. Separability clause.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "430", "title" : "Purpose of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "430", "activeDate" : "2014-09-22", "sequenceNo" : 840, "repealedDate" : null, "fromSection" : "430", "toSection" : "430", "text" : " § 430. Purpose of article. The need for technical skill, training and\\nexperience, good health, good moral character and other fundamental\\nqualities and qualifications in persons engaged in the practice of\\nbarbering, as herein defined, having been unquestionably established and\\ndemonstrated and in order to safeguard the health of the persons who\\npatronize the barber shops of our state and because of the evils\\nconnected with itinerant barbers and barber shops and because of the\\ninadequacy of local regulation, it is the purpose of the legislature, in\\nenacting this article, to safeguard and protect the barbers of this\\nstate from the evils of itinerant barbers and barber shops and to\\nsafeguard and protect the lives, health and well being of those persons\\nwho patronize the barber shops of our state by making adequate provision\\nfor the examination, licensing and regulation of the barber shops and\\nthe barbers and apprentices to whom such persons submit themselves for\\nbarber work.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "431", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "431", "activeDate" : "2014-09-22", "sequenceNo" : 841, "repealedDate" : null, "fromSection" : "431", "toSection" : "431", "text" : " § 431. Definitions. As used in this article, unless the context\\nrequires otherwise:\\n 1. \"Department\" means the department of state.\\n 2. \"Person\" means an individual, firm, company, partnership or\\ncorporation.\\n 3. \"Barber\" means a person who engages in the practice of barbering.\\n 4. \"Practice of barbering\" or \"barbering\" means and includes the\\nperformance of the following practices upon the head of a human being\\nfor any purpose whatsoever except for the treatment of disease or of\\nphysical or mental ailments:\\n (a) Shaving or trimming the beard or cutting the hair of humans;\\n (b) Giving facial or scalp massage with oils, creams, lotions or other\\npreparations, either by hand or mechanical appliances;\\n (c) Singeing, shampooing, arranging, dressing or dyeing the hair or\\napplying hair tonic;\\n (d) Applying cosmetic preparations, antiseptics, powders, oils, clays\\nor lotions to scalp, face or neck.\\n 5. \"Licensee\" means a person permitted to engage in the practice of\\nbarbering pursuant to this article.\\n 6. \"Satisfactory\" means satisfactory to the secretary of state.\\n 7. \"Apprentice\" means a person pursuing in good faith a course of\\nstudy in the practice of barbering under the tutelage, supervision and\\ndirection of a licensee and who assists such licensee in such practice.\\n 8. \"Barber shop\" means any store, establishment, place or premises or\\npart thereof where the practice of barbering is engaged in.\\n 9. \"Barber shop owner\" is a person who operates or conducts a barber\\nshop as defined by subdivision eight of this section.\\n 10. \"Fee\", \"examination fee\", \"license fee\", \"registration fee\" and\\n\"renewal fee\" mean the fees required to accompany an application for\\nexamination for or issuance of any license or for registration,\\nincluding any temporary or renewal license or renewal registration,\\npursuant to this article. Such fees shall be non-refundable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "432", "title" : "Practice of barbering; license required; apprentices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "432", "activeDate" : "2014-09-22", "sequenceNo" : 842, "repealedDate" : null, "fromSection" : "432", "toSection" : "432", "text" : " § 432. Practice of barbering; license required; apprentices. No\\nperson shall engage for compensation in the practice of barbering and no\\nperson shall maintain or operate a barber shop after October first,\\nnineteen hundred forty-seven, or hold himself out as being able so to do\\nafter such date unless he is licensed therefor pursuant to this article.\\nAfter such date no person shall act as an apprentice or perform any\\nservice as such unless he is registered pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "433", "title" : "Powers of the secretary of state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2015-11-06" ], "docLevelId" : "433", "activeDate" : "2015-11-06", "sequenceNo" : 843, "repealedDate" : null, "fromSection" : "433", "toSection" : "433", "text" : " § 433. Powers of the secretary of state. In addition to the powers and\\nduties elsewhere prescribed in this article, the secretary of state\\nshall have power: 1. To appoint an adequate number of assistants,\\ninspectors and other employees as may be necessary to carry out the\\nprovisions of this article, to prescribe their duties, and to fix their\\ncompensation within the amount appropriated therefor.\\n 2. To examine into the qualifications and fitness of applicants for\\nlicenses or certificates and of prospective applicants under this\\narticle.\\n 3. To require all persons licensed or registered under this article to\\nsubmit to physical examination by a physician or nurse practitioner\\nselected by the secretary of state.\\n 4. To keep records of all licenses issued, suspended or revoked.\\n 5. To prepare a manual of rules and regulations for the conduct of\\nexaminations and to furnish copies thereof to persons desiring the same\\nupon payment of a reasonable fee therefor.\\n 6. To adopt such rules and regulations not inconsistent with the\\nprovisions of this article, as may be necessary with respect to the form\\nand content of applications for licenses, the reception thereof, the\\ninvestigation and examination of applicants and/or prospective\\napplicants taking examinations and their qualifications, and the other\\nmatters incidental or appropriate to the secretary of state's powers and\\nduties as prescribed by this article and for the proper administration\\nand enforcement of the provisions of this article, and to amend or\\nrepeal any of such rules and regulations.\\n 7. To grant a temporary license to engage in the practice of\\nbarbering, in his own discretion, where a situation exists which will\\nrender a hardship on a community to be without a licensed barber. Such\\ntemporary license shall be granted to a holder of a certificate of\\nregistration as an apprentice who has had some training or experience in\\nthe practice of barbering and shall be valid only as long as the\\nsecretary of state may decide, or as long as the hardship condition\\nexists.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "434", "title" : "License after examination; application to take", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30" ], "docLevelId" : "434", "activeDate" : "2015-10-30", "sequenceNo" : 844, "repealedDate" : null, "fromSection" : "434", "toSection" : "434", "text" : " § 434. License after examination; application to take. 1. Any person\\nover the age of seventeen years, desiring a license to engage in the\\npractice of barbering under this article, may make application to the\\nsecretary of state therefor. The application shall be subscribed and\\naffirmed by the applicant as true under the penalties of perjury. The\\napplication shall be in such form and shall contain such information\\nrelative to the applicant and his qualifications as may be prescribed by\\nthe secretary of state. Each application shall be accompanied by:\\n (a) Two recent photographs of the applicant of a size prescribed by\\nthe secretary of state;\\n (b) Satisfactory evidence of good moral character, except that in\\ndetermining an applicant's good moral character, the secretary of state\\nshall not automatically disqualify an applicant on the basis of a\\ncriminal conviction. The secretary shall review such criminal history\\ninformation in accordance with article twenty-three-A of the correction\\nlaw;\\n (c) The certificate of a duly licensed physician or nurse\\npractitioner, on a form prescribed by the secretary of state, showing\\nfreedom from any infectious or communicable disease which certificate\\nshall have been issued within thirty days prior to the date of the\\nfiling of the application;\\n (d) Evidence of elementary education satisfactory to the secretary of\\nstate;\\n (e) Satisfactory evidence of the successful completion of a course of\\nstudy in a school of barbering duly licensed pursuant to the education\\nlaw or approved by the board of regents or, in lieu thereof,\\nsatisfactory evidence of having pursued in good faith the theoretical\\nand practical study of barbering for a period of at least two years\\nunder the direct supervision and tutelage of one or more licensed\\nbarbers, or, that the applicant has been lawfully, actually and\\ncontinually engaged in the practice of barbering in any other state,\\nterritory, protectorate or dependency of the United States, or any\\nforeign country for a period of not less than three years prior to the\\nfiling of an application for a license to engage in the practice of\\nbarbering, or, that the applicant is the holder of a temporary license\\nissued under section four hundred thirty-five of this article;\\n (e-1) Evidence in the form of a certificate, issued by a state\\nlicensed school of barbering, of the successful completion of a course\\nof study approved by the education department concerning the\\ntransmission of contagious diseases and the proper methods of sanitation\\nand sterilization to be employed in barber shops, especially as they\\nrelate to tools and instruments. The required course materials requisite\\nto issuance of such certificate of successful completion may be provided\\nby such state licensed school of barbering either at the school's\\napproved premises or by long distance methods of instruction and\\ntesting, as shall have been approved by the education department;\\n (f) The application fee prescribed by this article; and\\n (g) Satisfactory evidence of having taken and passed a written\\nexamination offered by the secretary of state pursuant to this article.\\n 2. The secretary of state shall prepare question papers which shall be\\nthe same for all persons at any given examination. The questions may be\\npartly written and partly oral. No person shall receive a license\\nhereunder who has not actually demonstrated to the secretary of state\\nthe applicant's ability and fitness to engage in the practice of\\nbarbering in such practical tests as may be required by the secretary of\\nstate.\\n 3. Examinations shall be in the English language and may, in the\\nreasonable discretion of the secretary of state, be translated or\\ntransposed into any other language if requested by a person taking the\\nexamination, upon satisfactory proof of the need therefor. They shall be\\nheld at least quarterly and shall be given in at least four convenient\\nplaces in the state.\\n 4. If an applicant has successfully passed the examination therefor,\\nand has otherwise qualified for a license, the secretary of state on\\npayment of the fee prescribed by this article, shall issue to such\\napplicant a license to engage in the practice of barbering.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "435", "title" : "License without examination; temporary licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "435", "activeDate" : "2020-11-13", "sequenceNo" : 845, "repealedDate" : null, "fromSection" : "435", "toSection" : "435", "text" : " § 435. License without examination; temporary licenses. 1. Any person\\nover the age of seventeen years who shall present to the secretary of\\nstate satisfactory evidence that he has been actually engaged in the\\npractice of barbering in this state for at least one year within the\\nperiod of three years immediately prior to July first, nineteen hundred\\nforty-seven, shall be entitled to a license under this article without\\nexamination, provided that application therefor, accompanied by the\\nphotographs, evidence and the certificate required by paragraphs (a),\\n(b) and (c), respectively, of subdivision one of section four hundred\\nthirty-four of this article and the required annual license fee, is\\nfiled with the secretary of state not later than December thirty-first,\\nnineteen hundred fifty-one. Nothing in this subdivision shall entitle\\nany person to such license without examination who, since the effective\\ndate of this article, has taken and been unsuccessful in an examination\\nconducted pursuant thereto.\\n 2. The secretary of state shall issue a temporary license to any\\nperson over the age of seventeen years, who, upon taking effect of this\\narticle, has been actually and continuously engaged in the practice of\\nbarbering in this state for a period of not less than six months, as\\nsubstantiated by sworn affidavits or other evidence satisfactory to the\\nsecretary of state and provided application therefor, accompanied by the\\nphotographs, evidence, and the certificate required by paragraphs (a),\\n(b) and (c), respectively, of subdivision one of section four hundred\\nthirty-four of this article and one-quarter of the required license fee,\\nis filed with the secretary of state.\\n 3. A temporary license issued under this section shall expire six\\nmonths after the date of issuance and such temporary licensee shall not\\nbe entitled to any further license until he has taken a regularly\\nscheduled examination and qualified for a regular license under the\\nprovisions of this article. The secretary of state may, however, in his\\ndiscretion, for good cause shown, extend the term of such a temporary\\nlicense for an additional period not exceeding six months upon the\\npayment of an additional fee equivalent to one-half of the license fee\\nprescribed by this article.\\n 4. Any person who has duly applied for a license pursuant to\\nsubdivision one or subdivision two of this section may engage in the\\npractice of barbering pending the determination of his application.\\n 5. The secretary of state shall upon application and without\\nexamination, issue a license to any person over the age of seventeen\\nyears who has been duly licensed by any other state, territory,\\nprotectorate or dependency of the United States to engage in the\\npractice of barbering upon compliance with standards and requirements\\nnot lower, in the judgment of the secretary of state, than those of this\\nstate, provided, however, that either such state extends similar\\nreciprocity to licensees of this state or the applicant is a member of\\nthe household of a member of the armed forces of the United States,\\nnational guard or reserves and was a member of such household before\\nsuch member relocated to the state. Such application shall be\\naccompanied by the photographs, evidence and the certificate required by\\nparagraphs (a), (b) and (c), respectively, of subdivision one of section\\nfour hundred thirty-four of this article and the required license fee.\\n 6. If any person, eligible for any license, mentioned in this section,\\nbe in the military service at or during the time application for such\\nlicense is required to be filed and license fee paid, according to the\\nprovisions of this section, the period within which said application may\\nbe filed and license fee may be paid, is extended in behalf of such\\nperson, until three months after the termination of said military\\nservice, any provision contained in this article to the contrary,\\nnotwithstanding.\\n In the case of persons who are or were in the military service and (a)\\nhave been or will be discharged under conditions other than\\ndishonorable, or (b) have a qualifying condition, as defined in section\\nthree hundred fifty of the executive law, and received a discharge other\\nthan bad conduct or dishonorable from such service, or (c) are\\ndischarged LGBT veterans, as defined in section three hundred fifty of\\nthe executive law, and have received a discharge other than bad conduct\\nor dishonorable from such service, the period of one year specified in\\nsubdivision one of this section and the period of six months specified\\nin subdivision two of this section need not be continuous. The length of\\ntime such person was engaged in the practice of barbering before\\nentering the military service may be added to any period of time during\\nwhich such person was or is engaged in the practice of barbering after\\nthe termination of military service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "436", "title" : "Sanitary rules", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "436", "activeDate" : "2014-09-22", "sequenceNo" : 846, "repealedDate" : null, "fromSection" : "436", "toSection" : "436", "text" : " § 436. Sanitary rules. All barber shops shall be maintained and\\noperated in accordance with the provisions of the state sanitary code,\\nexcept in the city of New York where the city health code shall apply,\\nand all licensees or persons employed or engaged therein or in\\nconnection therewith shall comply with the provisions of such rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "437", "title" : "Apprentices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "437", "activeDate" : "2014-09-22", "sequenceNo" : 847, "repealedDate" : null, "fromSection" : "437", "toSection" : "437", "text" : " § 437. Apprentices. 1. Each applicant for a certificate of\\nregistration as an apprentice shall make an application which shall\\ninclude the physician's certificate required by paragraph (c) and the\\ncertificate of completion required by paragraph (e-1) of subdivision one\\nof section four hundred thirty-four, two recent photographs, and which\\ncertificate shall contain such other information required by such\\nsection and in such form as the secretary of state may prescribe.\\n 2. A certificate of registration as an apprentice shall be for a\\nperiod of four years.\\n 3. Each certificate of registration issued as provided in this section\\nshall be posted in some conspicuous place in the barber shop in which\\nthe apprentice is actually engaged in the practice of barbering as an\\napprentice.\\n 4. A certificate of registration expiring in any year, which has not\\nbeen revoked, may, upon payment of the fee prescribed by this article,\\nbe renewed for additional periods of four years upon filing an\\napplication therefor and the certificate mentioned in subdivision two on\\ncondition, however, that no certificate of registration may be issued\\nafter one renewal, unless the applicant for such certificate of\\nregistration has complied with all the provisions of this article\\nrelating to apprentices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "438", "title" : "Barber shop owners' license; requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "438", "activeDate" : "2014-09-22", "sequenceNo" : 848, "repealedDate" : null, "fromSection" : "438", "toSection" : "438", "text" : " § 438. Barber shop owners' license; requirements. 1. On and after\\nOctober first, nineteen hundred forty-seven no person shall own or\\noperate a barber shop unless a barber shop owners' license is first\\nobtained from the secretary of state for each barber shop owned or\\noperated.\\n 2. The establishment of itinerant shops is hereby prohibited and the\\nmaintenance of a bona fide establishment with a permanent and definite\\nlocation shall be a prerequisite for the issuance of a barber shop\\nowner's license.\\n 2-a. The holder of a certificate of registration as an apprentice\\nshall not be entitled to a barber shop owner's license.\\n 3. An applicant for a barber shop owner's license must establish that\\nhe or she is the real owner and possesses title to or is entitled to the\\npossession of the shop. He or she must furnish satisfactory evidence of\\nproper location of the shop, proper layout and adequate equipment for\\nthe shop, sanitary conditions in the shop and its surroundings. Such\\napplicant must also furnish satisfactory evidence of good moral\\ncharacter, except that in determining an applicant's good moral\\ncharacter, the secretary of state shall not automatically disqualify an\\napplicant on the basis of a criminal conviction. The secretary shall\\nreview such criminal history information in accordance with article\\ntwenty-three-A of the correction law.\\n 4. A license issued under this section must at all times during the\\nterm thereof be displayed in the barber shop for which issued.\\n 5. Notice in writing shall be given the secretary of state at his\\noffice in Albany by the holder of a barber shop owner's license of any\\nchange in address of the barber shop together with the return of\\nlicense, whereupon a properly signed endorsement will be made on the\\nface of the license as to such change and the license then returned to\\nthe licensee. A change of address by a licensee without such notice and\\nendorsement of license shall operate to cancel the license.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "439", "title" : "Licenses; display; renewal; duplicates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "439", "activeDate" : "2014-09-22", "sequenceNo" : 849, "repealedDate" : null, "fromSection" : "439", "toSection" : "439", "text" : " § 439. Licenses; display; renewal; duplicates.\\n 1. All licenses, except temporary licenses, shall be for a period of\\nfour years.\\n 2. No license or certificate shall be assignable or transferable\\nexcept as hereinafter provided.\\n 2-a. A license to conduct a barber shop issued to an individual may be\\nassigned or transferred for the remainder of the licensed period to a\\npartnership or corporation if such individual is a member of such\\npartnership or an officer of such corporation at the time of such\\nassignment or transfer. A license issued to a partnership may be\\nassigned or transferred for the remainder of the license period to any\\none member of such partnership, provided he obtains the consent of all\\nof the other members of such partnership, or to a new partnership of\\nwhich one or more members of the licensed partnership were members. A\\nlicense issued to a corporation may be assigned or transferred for the\\nremainder of the licensed period to any one individual officer of the\\ncorporation provided he obtains the consent of all of the other officers\\nof such corporation. The application for such transfer or assignment\\nmust be accompanied by proof satisfactory to the department that the\\nrequirements herein provided have been complied with. No assignment or\\ntransfer shall become effective unless and until the endorsement of the\\ntransfer or assignment has been made on the face of the license by the\\ndepartment and such license, so endorsed, has been returned to the\\nassignee or transferee. All such endorsements shall be made without\\npayment of any fee. A bona fide purchaser of a barber shop from the\\nholder of a license thereof may continue to use the license of the\\nseller for a period of thirty days from the date of the sale, provided\\nthere is endorsed on the face thereof the name of the purchaser, the\\ndate of the sale, and the signature of the seller and the purchaser; and\\nprovided further within five days from the date of the sale an\\napplication, in accordance with the provisions of this article, shall be\\npresented by the purchaser to the secretary of state for a license to\\nconduct a barber shop.\\n 2-b. A license to conduct a barber shop issued to an individual or to\\na partnership may be used after the death of the licensed individual or\\nco-partner by his next of kin or duly appointed administrator or\\nexecutor in the name of the estate for a period of not more than one\\nhundred twenty days from the date of death of such individual or\\nco-partner, provided that there is endorsed upon the face of the license\\nafter the name of the decedent the word \"deceased\", the date of death\\nand the name of the next of kin, administrator or executor under whose\\nauthority the license is being used; the period of one hundred twenty\\ndays aforesaid may be extended upon application to the secretary of\\nstate and for good cause shown for an additional period not to exceed\\none hundred twenty days. Any license so continued which shall expire\\nduring such period of one hundred twenty days or the extension thereof\\nmay be renewed by the next of kin, administrator or executor for the\\nbalance of such period or the extension thereof.\\n 3. Each license or certificate issued pursuant to this article shall\\nbe posted and kept posted in some conspicuous place in the barber shop\\nin which the licensee or registrant is engaged in the practice of\\nbarbering or as an apprentice.\\n 4. Any license or certificate, except a temporary license, which has\\nnot been suspended or revoked, may, upon the payment of the renewal fee\\nprescribed by this article, be renewed for additional periods of four\\nyears from its expiration, without further examination, upon the filing\\nof any application for such renewal, on a form to be prescribed by the\\nsecretary of state, accompanied by the certificate required by paragraph\\n(c) and the certificate of completion required by paragraph (e-1) of\\nsubdivision one of section four hundred thirty-four of this article.\\n 5. Any person failing to file application and fee for renewal of a\\nlicense as a barber within one year immediately following the expiration\\nof his last license shall pay an additional fee of ten dollars, and if\\nhe fail to file application and fee for renewal within five years he\\nshall be ineligible for such license until he shall have again passed an\\nexamination but he shall not be required to pay such additional fee.\\n 6. A duplicate license or certificate may be issued for one lost,\\ndestroyed or mutilated upon application therefor on a form prescribed by\\nthe secretary of state and the payment of the fee prescribed therefor by\\nthis article. Each such duplicate license shall have the word\\n\"duplicate\" stamped across the face thereof and shall bear the same\\nnumber as the one it replaces.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "440", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "440", "activeDate" : "2014-09-22", "sequenceNo" : 850, "repealedDate" : null, "fromSection" : "440", "toSection" : "440", "text" : " § 440. Fees. 1. The fee for a license to engage in the practice of\\nbarbering shall be forty dollars and for each renewal thereof the fee\\nshall be forty dollars.\\n 2. The fee for a license to conduct a barber shop shall be sixty\\ndollars and for each renewal thereof the fee shall be sixty dollars.\\n 3. The fee for taking a written or practical examination under this\\narticle shall be fifteen dollars.\\n 4. The fee for the registration or the renewal of the registration of\\nan apprentice shall be twenty dollars.\\n 5. The fee for issuing a duplicate license in substitution for one\\nlost, destroyed or mutilated shall be ten dollars.\\n 6. The fee for changing a name on a license shall be thirty dollars.\\n 7. The fee for changing the address on a license shall be ten dollars.\\n 8. The fees hereinabove set forth shall be those for licenses issued\\nfor the license period of four years. Notwithstanding the provisions of\\nsubdivision one of section four hundred thirty-nine of this article,\\nafter April first, two thousand eleven, the secretary of state shall\\nassign staggered expiration dates for outstanding licenses that have\\nbeen previously renewed and such licenses shall thereafter expire four\\nyears from the assigned date unless renewed. The secretary of state\\nshall assign dates to existing licenses in a manner which shall result\\nin a term of not less than four years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "441", "title" : "Suspension and revocation of licenses and certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "441", "activeDate" : "2014-09-22", "sequenceNo" : 851, "repealedDate" : null, "fromSection" : "441", "toSection" : "441", "text" : " § 441. Suspension and revocation of licenses and certificates. (a) A\\nlicense to engage in the practice of barbering or to conduct a barber\\nshop or a certificate of an apprentice may be suspended or revoked or in\\nlieu thereof a fine not exceeding five hundred dollars payable to the\\ndepartment of state or a reprimand may be imposed by the secretary of\\nstate, for any one or more of the following causes:\\n 1. Refusal to submit to physical examination when ordered by the\\nsecretary of state, pursuant to subdivision three of section four\\nhundred thirty-three.\\n 2. Practice by a person having an infectious or communicable disease.\\n 3. Habitual drunkenness or unlawful use of a habit-forming drug.\\n 4. Fraud or bribery in securing a certificate by an apprentice or in\\nsecuring a license or permission to take an examination therefor.\\n 5. The making of any false statement as to a material matter in any\\napplication or other statement or certificate required by or pursuant to\\nthis article.\\n 6. Incompetency.\\n 7. Failure to display the license or certificate as provided in this\\narticle.\\n 8. Violation of any provision of this article, or of any rule or\\nregulation adopted hereunder, or of any applicable sanitary code.\\n 9. Conviction of any crime or offense involving moral turpitude.\\n 10. Conviction under subdivision one of section sixty-five of the\\nalcoholic beverage control law where such conviction was for the sale of\\nalcohol to a person actually under the age of twenty-one and the offense\\noccurred at the barber's place of business.\\n (b) Whenever the license to practice barbering or the license to\\nconduct a barber shop or the certificate of an apprentice is revoked,\\nsuch license or certificate shall not be reinstated or reissued until\\nafter the expiration of a period of one year from the date of such\\nrevocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "442", "title" : "Hearing on charges; decision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "442", "activeDate" : "2014-09-22", "sequenceNo" : 852, "repealedDate" : null, "fromSection" : "442", "toSection" : "442", "text" : " § 442. Hearing on charges; decision. No license or certificate shall\\nbe suspended or revoked or any fine or reprimand imposed upon the holder\\nthereof until after a hearing had before an officer or employee of the\\ndepartment designated for such purpose by the secretary of state, upon\\nnotice to the licensee of at least ten days. The notice shall be served\\neither personally or by certified mail and shall state the date and\\nplace of hearing and set forth the ground or grounds constituting the\\ncharges against the licensee. The licensee or registrant shall be heard\\nin his defense either in person or by counsel and may produce witnesses\\nand testify in his behalf. A stenographic record of the hearing shall be\\ntaken and preserved. The hearing may be adjourned from time to time. The\\nperson conducting the hearing shall make a written report of his\\nfindings and a recommendation to the secretary of state for decision.\\nThe secretary of state shall review such findings and the recommendation\\nand, after due deliberation, shall issue an order accepting, modifying\\nor rejecting such recommendation and dismissing the charges, suspending\\nor revoking the license or certificate or in lieu thereof imposing a\\nfine or reprimand upon the licensee. For the purpose of this article,\\nthe secretary of state or any officer or employee of the department\\ndesignated by him, may administer oaths, take testimony, subpoena\\nwitnesses and compel the production of books, papers, records and\\ndocuments deemed pertinent to the subject of investigation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "443", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "443", "activeDate" : "2014-09-22", "sequenceNo" : 853, "repealedDate" : null, "fromSection" : "443", "toSection" : "443", "text" : " § 443. Judicial review. The action of the secretary of state in\\nsuspending, revoking or refusing to issue or renew a license or\\ncertificate or imposing any fine or reprimand upon the holder thereof\\nmay be reviewed by a proceeding brought under and pursuant to article\\nseventy-eight of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "444", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "444", "activeDate" : "2014-09-22", "sequenceNo" : 854, "repealedDate" : null, "fromSection" : "444", "toSection" : "444", "text" : " § 444. Violations and penalties. Any person who shall directly or\\nindirectly engage in the practice of barbering or hold himself out to\\nthe public as being able so to do, or conduct a barber shop without a\\nlicense therefor, or who shall violate any of the provisions of this\\narticle, or having had his license suspended or revoked, shall continue\\nto engage in the practice of barbering or who directly or indirectly\\nemploys, permits or authorizes an unlicensed person to engage in the\\npractice of barbering or who directly or indirectly employs, permits or\\nauthorizes an unregistered apprentice to act as an apprentice, shall be\\nguilty of a misdemeanor and, upon conviction, shall be punishable by\\nimprisonment for not more than six months, or by a fine of not more than\\nfive hundred dollars or by both such fine and imprisonment and each such\\nviolation shall be deemed a separate offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "444-A", "title" : "Official acts used as evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "444-A", "activeDate" : "2014-09-22", "sequenceNo" : 855, "repealedDate" : null, "fromSection" : "444-A", "toSection" : "444-A", "text" : " § 444-a. Official acts used as evidence. The official acts of the\\nsecretary of state and department, shall be prima facie evidence of the\\nfacts therein and shall be entitled to be received in evidence in all\\nactions at law and other legal proceedings in any court or before any\\nboard, body or officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "445", "title" : "Disposition of moneys derived from operation of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "445", "activeDate" : "2014-09-22", "sequenceNo" : 856, "repealedDate" : null, "fromSection" : "445", "toSection" : "445", "text" : " § 445. Disposition of moneys derived from operation of article. All\\nmoneys derived from the operation of this article shall be deposited to\\nthe credit of the business and licensing services account established\\npursuant to section ninety-seven-y of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "446", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "446", "activeDate" : "2014-09-22", "sequenceNo" : 857, "repealedDate" : null, "fromSection" : "446", "toSection" : "446", "text" : " § 446. Application of article. 1. This article shall not apply to or\\naffect the practice of their professions by duly licensed physicians,\\nosteopaths, dentists, optometrists, nurses or physiotherapists, or to\\nthe practice of their vocations by hairdressers or cosmetologists, nor\\nto any hospital which operates a barber shop solely for the convenience\\nof its patients and which is not open to the public.\\n 2. This article shall not be construed to apply to, affect or prevent\\nthe practice of beauty culture as now conducted in the beauty shops of\\nthe state, or the operation of beauty shops and barber schools.\\n 3. The provisions of this section shall not be construed to furnish a\\nmeans of evading the provisions of this article relating to the practice\\nof barbering and in any prosecution for a violation of any such\\nprovision, the terms \"hairdresser, \" \"cosmetologist, \" \"beauty shop,\"\\nand \"practice of hairdressing and cosmetology\" shall have their commonly\\naccepted meanings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "447", "title" : "Separability clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "447", "activeDate" : "2014-09-22", "sequenceNo" : 858, "repealedDate" : null, "fromSection" : "447", "toSection" : "447", "text" : " § 447. Separability clause. If any part or provision of this article\\nor the application thereof to any person or circumstances be adjudged\\ninvalid by any court of competent jurisdiction, such judgment shall be\\nconfined in its operation to the part, provision or application directly\\ninvolved in the controversy in which such judgment shall have been\\nrendered and shall not affect or impair the validity of the remainder of\\nthis article or the application thereof to other persons or\\ncircumstances and the legislature hereby declares that it would have\\nenacted this article or the remainder thereof had the invalidity of such\\nprovision or application thereof been apparent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-A", "title" : "Cemetery Property and Funeral Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-A", "activeDate" : "2014-09-22", "sequenceNo" : 859, "repealedDate" : null, "fromSection" : "450", "toSection" : "454-A", "text" : " ARTICLE 28-A\\n CEMETERY PROPERTY AND FUNERAL SERVICES\\nSection 450. Unlawful acts relating to sales of cemetery property.\\n 450-a. Unauthorized sale of cemetery markers and flag holders.\\n 451. Cemetery to state true location.\\n 452. Unauthorized charges in connection with permits for\\n burials or erection of monuments.\\n 453. Moneys paid in connection with agreements for funeral\\n merchandise or services in advance of need to be kept\\n on deposit pending use or repayment.\\n 454. Sale of monuments and memorials.\\n 454-a. Unsolicited offers for monuments or memorials.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "450", "title" : "Unlawful acts relating to sales of cemetery property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "450", "activeDate" : "2014-09-22", "sequenceNo" : 860, "repealedDate" : null, "fromSection" : "450", "toSection" : "450", "text" : " § 450. Unlawful acts relating to sales of cemetery property. The sale\\nor procuring any agreement for sale of cemetery lots or plots, or of\\ncrypts or niches in a community mausoleum, or niches in a columbarium or\\ncrematorium, upon the promise, representation or inducement of re-sale\\nat a financial profit is hereby prohibited. Any person or individual\\nwho shall make, or attempt to make, either on his own behalf or on\\nbehalf of another a sale conveyance or agreement contrary to the\\nprovisions of this act shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "450-A", "title" : "Unauthorized sale of cemetery markers and flag holders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "450-A", "activeDate" : "2014-09-22", "sequenceNo" : 861, "repealedDate" : null, "fromSection" : "450-A", "toSection" : "450-A", "text" : " § 450-a. Unauthorized sale of cemetery markers and flag holders.\\nExcept for a veterans' organization, those businesses which normally\\ncarry on such trade, or are authorized by veterans' organizations to do\\nso, it shall be unlawful for any person, firm, association or\\ncorporation to engage in the buying or selling of metal cemetery markers\\nand flag holders bearing the insignia of any veterans' organization\\nplaced upon the graves of veterans. A violation of the provisions of\\nthis section shall constitute a violation and shall be punishable by a\\nfine of not more than five hundred dollars or not more than fifteen days\\nimprisonment or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "451", "title" : "Cemetery to state true location", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "451", "activeDate" : "2014-09-22", "sequenceNo" : 862, "repealedDate" : null, "fromSection" : "451", "toSection" : "451", "text" : " § 451. Cemetery to state true location. Any cemetery corporation or\\nemployee or agent thereof that shall advertise in a newspaper, magazine\\nor other publication or in the form of a book, notice, circular,\\npamphlet, letter, poster, card, or over any radio station, or in any\\nother way for the purpose of selling lots, plots or parts thereof in its\\ncemetery shall in such advertisement state the location of the cemetery\\ngrounds, including the city, town or village, and the county and state.\\nA violation of the provisions of this section shall constitute a\\nmisdemeanor and shall be punishable by a fine of not more than five\\nhundred dollars or not more than six months imprisonment or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "452", "title" : "Unauthorized charges in connection with permits for burials or erection of monuments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "452", "activeDate" : "2014-09-22", "sequenceNo" : 863, "repealedDate" : null, "fromSection" : "452", "toSection" : "452", "text" : " § 452. Unauthorized charges in connection with permits for burials or\\nerection of monuments. It shall be unlawful for a society or fraternal\\norganization or a representative thereof to obtain, receive or exact or\\nattempt to obtain, receive or exact, a fee or thing of value in addition\\nto the regular dues or charges required to be paid pursuant to the\\nby-laws, constitution, or rules of such society or fraternal\\norganization as a condition to granting a permit for or consent to\\nburial in or the erection of a monument or memorial upon a lot or plot\\nin a cemetery. A violation of this section shall constitute a\\nmisdemeanor and shall be punishable by a fine of not more than five\\nhundred dollars or not more than six months imprisonment or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "453", "title" : "Moneys paid in connection with agreements for funeral merchandise or services in advance of need to be kept on deposit pending use or rep...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2020-03-13" ], "docLevelId" : "453", "activeDate" : "2020-03-13", "sequenceNo" : 864, "repealedDate" : null, "fromSection" : "453", "toSection" : "453", "text" : " § 453. Moneys paid in connection with agreements for funeral\\nmerchandise or services in advance of need to be kept on deposit pending\\nuse or repayment. 1. (a) Any and all moneys paid to a funeral firm,\\nfuneral director, undertaker, cemetery, or any other person, firm or\\ncorporation, under or in connection with an agreement, or any option to\\nenter into an agreement, for the sale of merchandise to be used in\\nconnection with a funeral or burial, or for the furnishing of personal\\nservices of a funeral director or undertaker, wherein the merchandise is\\nnot to be actually physically delivered or the personal services are not\\nto be rendered until the occurrence of the death of the person for whose\\nfuneral or burial such merchandise or services are to be furnished shall\\ncontinue to be the money of the person making such payment and shall be\\nheld in trust for such person by the funeral firm, funeral director,\\nundertaker, cemetery or any other person, firm or corporation to whom\\nsuch payment is made and shall, within ten business days of receipt, be\\ndeposited in an interest bearing account in a bank, national bank,\\nfederal savings bank, federal savings and loan association, savings\\nbank, savings and loan association, credit union, or federal credit\\nunion within the state and duly authorized to receive deposits in the\\nstate of New York and which shall earn interest at a rate which shall be\\nat not less than the prevailing rate of interest earned by other such\\ndeposits in such banks, savings banks, savings and loan associations, or\\ncredit unions under this section, or shall be placed in a trust company\\nin an investment backed by the government of the United States and shall\\nnot be commingled with other moneys of the funeral firm, funeral\\ndirector, undertaker, cemetery, or other person, firm or corporation or\\nbecome the funds of the funeral firm, funeral director, undertaker,\\ncemetery, or other person, firm or corporation, and shall be so held on\\ndeposit, together with any interest thereon with interest earned being\\naccrued daily and credited monthly, until said merchandise has been\\nactually physically delivered and said personal services have been\\nrendered, unless sooner repaid, in whole or in part. No funeral firm,\\nfuneral director, undertaker, cemetery or any other person, firm or\\ncorporation, shall discharge the obligation established under this\\nsection to deposit or place money with a bank, national bank, federal\\nsavings bank, federal savings and loan association, savings bank,\\nsavings and loan association, credit union, federal credit union or\\ntrust company within the state through a surety bond or other financial\\ninstrument unless expressly provided under this section.\\n (b) Such funeral firm, funeral director, undertaker, cemetery, or\\nother person, firm or corporation which received such moneys shall,\\nwithin thirty business days after the deposit or any change in the\\ninstitution in which such funds are deposited, provide written\\nnotification to the person who made such payment of the institution of\\nthe deposit and, until such moneys have been repaid or the personal\\nservices and merchandise have been provided, shall annually provide the\\nperson who made such payment with a statement identifying the location\\nand annual interest earned by the account.\\n (c) Upon request of the person who made such payment, or his or her\\nrepresentative, the funeral firm, funeral director, undertaker, cemetery\\nor other person, firm or corporation which received such moneys shall\\nprovide a statement within thirty days of such request identifying the\\nlocation of the account, amount of such account and interest earned on\\nsuch account. Upon the provision of any merchandise or personal services\\nin connection with any such agreement, the funeral firm, funeral\\ndirector, undertaker, cemetery or other person, firm or corporation\\nwhich received such moneys shall provide a statement itemizing the\\nmerchandise or personal services provided and the cost of such\\nmerchandise or personal services and describing the disposition of all\\nmoneys in the account. Copies of such statements and the records on\\nwhich they are based shall be made available for inspection and shall be\\nmade available during ordinary business hours for copying upon written\\nrequest by any state agency regulating the funeral firm, funeral\\ndirector, undertaker, cemetery or other person, firm or corporation\\nwhich received such money or enforcing the requirements of this section,\\nprovided a complaint, either oral or written, has been received, or an\\ninspector has grounds to believe that serious or repeat violations of\\nthis section have occurred.\\n (d) Moneys paid for such an agreement for an applicant or recipient of\\nsupplemental security income benefits under section two hundred nine of\\nthe social services law or of medical assistance under section three\\nhundred sixty-six of such law, or moneys paid by such an applicant or\\nrecipient for such an agreement for his or her family member, shall be\\nplaced into a trust which shall be irrevocable but under which such\\napplicant/recipient reserves the right to select any funeral firm,\\nfuneral director, undertaker, cemetery or any other person, firm or\\ncorporation to whom such payment is made and to change such selection\\nany time to any type of funeral or any funeral firm, funeral director,\\ncemetery or any other person, firm or corporation to whom such payment\\nis made, located in the state of New York or any other state. Any such\\nchange must be carried out within ten business days following receipt of\\na request by the purchaser to the funeral firm, funeral director,\\ncemetery or any other person, firm or corporation to whom such payment\\nis made, with which such trust was established. This requirement is\\nsubject to any limits set forth in federal law or regulation pertaining\\nto disregarded resources or income.\\n 2. The amount of any and all moneys paid under or in connection with\\nsuch an agreement, together with interest, if any, accrued thereon while\\non deposit as so required shall be repaid on demand at any time prior to\\nthe delivery of the merchandise and/or the rendering of the personal\\nservices. No administrative, consultation or other fee may be assessed\\nagainst the person making such payment in connection with or planning\\nfor such agreement. Provided, however, neither the applicant, recipient\\nor other purchaser of preneed funeral goods or services through an\\nirrevocable trust, their legal representative nor the heirs of such\\nperson, shall be entitled to any repayment of the moneys which created\\nsuch trust.\\n 3. Any such agreement must be in writing and must:\\n (a) Identify all moneys paid or to be paid; and\\n (b) Identify any fees paid to the person administering such trust fund\\nby a third party, provided, however, any such fees shall not exceed\\nseventy-five hundredths of one percent of the amount of such trust fund;\\nand\\n (c) Except for an irrevocable trust established pursuant to section\\ntwo hundred nine of the social services law or paragraph (d) of\\nsubdivision one of this section, notify the person making such payment\\nof his or her right to be repaid moneys paid, together with accrued\\ninterest, as described in this section and of his or her right to\\nreceive an annual statement; and\\n (d) Identify the provider of each service or item of merchandise to\\nthe extent agreed upon, and fully describe the service or merchandise to\\nthe extent agreed upon; and\\n (e) Describe the obligations of each party:\\n (i) in the event the service or merchandise described in the agreement\\ncannot, for reasons beyond the control of the parties, be provided when\\nneeded;\\n (ii) in the event the cost of such services or merchandise, when such\\nservices or merchandise is to be provided, exceeds the amount of the\\nmoneys paid and accrued interest; and\\n (iii) in the event the amount of the moneys paid and accrued interest\\nexceeds the cost of such services or merchandise when they are to be\\nprovided. If the agreement does not provide to the contrary, the\\nservices or merchandise described in the agreement must be provided for\\nno more than the price stated therein. Except for an irrevocable trust\\nestablished pursuant to section two hundred nine of the social services\\nlaw or paragraph (d) of subdivision one of this section, any moneys in\\nexcess of the amount set forth in the agreement must be repaid to the\\nperson who made the payment or to the estate of such person. The\\nagreement must also specify the name and address of a person not living\\nat the address of the person who made payments under or in connection\\nwith the agreement, to whom required notices may be sent if the person\\nwho made payments under or in connection with the agreement cannot be\\ncontacted. The person making such payments may decline in writing to\\nspecify the name and address of a person not living at the address of\\nthe person making such payments to whom such notice may be sent; and\\n (f) With respect to an agreement for an irrevocable trust fund\\npursuant to section two hundred nine of the social services law or\\nparagraph (d) of subdivision one of this section, include the following\\nstatement in the agreement in conspicuous print of at least twelve point\\ntype:\\n DISCLOSURE\\n NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS\\nFOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO\\nHUNDRED NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER\\nSECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR THE\\nMONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL\\nAND BURIAL EXPENSES. WHETHER THE AGREEMENT IS FOR YOUR FUNERAL AND\\nBURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY MONEY IS LEFT\\nOVER AFTER YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO\\nTO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT ANY TIME.\\nIF THIS AGREEMENT IS FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY\\nMEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY CHANGE THE CHOICE OF\\nFUNERAL HOME AT ANY TIME.\\n (g) Any promotional literature prepared after January first, nineteen\\nhundred ninety-seven by a funeral firm, funeral director, undertaker,\\ncemetery, or any other person, firm or corporation for prearranged\\nfuneral and burial services must contain language disclosing the\\nirrevocable nature of burial trusts established by or for an applicant\\nor recipient of supplemental security income benefits or medical\\nassistance.\\n 4. Any provision of any such agreement whereby a person who pays money\\nunder or in connection therewith waives any provision of this section\\nshall be void.\\n 5. (a) Upon the sale or transfer of any business, firm, corporation or\\nother entity having received moneys in connection with such agreements\\nor the transfer of control over such money, both the new owner and\\nformer owner or the estate of the former owner, or both the persons\\ncurrently and formerly having control over such money, shall, within\\nthirty days of such sale or transfer, notify, in writing, each such\\nperson who has paid moneys of the sale or transfer, including the name\\nand address of the new and former owner. Copies of such notification\\nshall be made available for inspection and shall be made available\\nduring ordinary business hours for copying upon written request by any\\nofficial or agency having jurisdiction.\\n (b) Upon the sale or other transfer of any business, firm, corporation\\nor other entity having received moneys in connection with such\\nagreements or upon any transfer of control over such moneys, the\\ntransferee shall be liable for compliance with all provisions of this\\nsection including the repayment of any moneys and provision of funeral\\nmerchandise and services, and for compliance with all other requirements\\nof this section if the transferor or a transferor's predecessor in\\ninterest was liable for such compliance with the requirements of this\\nsection. Such liability shall attach whether or not the successor in\\ninterest has, upon conveyance of such business, firm, corporation or\\nother entity, received such moneys or has knowledge of the existence of\\nthe agreement as herein described. Such liability shall attach where\\nthere is proof of a valid agreement for providing funeral merchandise\\nand services, and the funeral director, undertaker, cemetery or other\\nperson, firm or corporation has not refunded the moneys received from\\nthe customer.\\n (c) Upon the sale or other transfer of any business, firm, corporation\\nor other entity having received such moneys, or upon a transfer of\\ncontrol of such moneys, the transferor shall disclose a complete\\naccounting of all moneys transferred pursuant to such agreement to the\\ntransferee, including the names and addresses of all persons who\\ndeposited moneys with such business, firm, corporation or other entity,\\nthe amount and location of such moneys, the names and addresses of\\npersons who have received refunds and the amount of such refund.\\n (d) Upon the termination, cessation of operation or discontinuance of\\nany business, firm, corporation or other entity which has received\\nmoneys in connection with such agreements or is otherwise liable for\\ncompliance with the requirements of this section, such business, firm,\\ncorporation or other entity shall repay all such monies and accrued\\ninterest as if a demand had been made therefor within thirty days of\\nsuch termination or discontinuation. Copies of records relating to the\\nrepayment of such moneys shall be available for inspection and shall be\\nmade available during ordinary business hours for copying upon written\\nrequest by the appropriate official or agency having jurisdiction.\\n 6. Any person, firm or corporation who or which, having received any\\nmoneys under or in connection with such an agreement, shall knowingly\\nand willfully fail to deposit or keep such moneys on deposit shall be\\nguilty of a misdemeanor or, shall knowingly and willfully fail to\\nprovide the notification required pursuant to subdivision five of this\\nsection shall be guilty of a violation. Any person, firm or corporation\\nwho or which, having received any moneys under or in connection with\\nsuch an agreement, or who or which is deemed responsible for such moneys\\npursuant to subdivision five of this section shall, without lawful\\nreason, knowingly and willfully fail to repay, upon demand, any and all\\nsuch moneys as provided in this section, or shall knowingly and\\nwillfully misappropriate such money for a use not authorized in this\\nsection, shall, in addition to any other penalties provided by law, be\\nguilty of a misdemeanor.\\n 7. Whenever there shall be a violation of this section an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\nsection has occurred, the court may impose a civil penalty of not more\\nthan one thousand dollars for each violation; provided, however, the\\ncourt shall not impose a civil penalty in any case where the department\\nof health has imposed such a penalty for an identical violation of the\\nprovisions of the public health law. In connection with any such\\nproposed application the attorney general is authorized to take proof\\nand make a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules, and direct\\nrestitution.\\n 8. Records required by this section to be maintained and true copies\\nof agreements shall be retained for four years following the provisions\\nof funeral merchandise and services or, if a preneed administrator, for\\nfour years after final payment is disbursed pursuant to the agreement.\\nIn the event the funds are returned to the person who deposited the\\nmoney or their representative, such records, including the record of\\nreturn of funds shall be retained for a period of four years after the\\nsale, transfer, termination, cessation of operation or discontinuance of\\nthe funeral. For purposes of this section, records shall include, but\\nnot be limited to, a copy of the agreement, a death certificate and a\\ncopy of the check or other payment made pursuant to the agreement.\\nCopies of such records shall be made available for inspection and shall\\nbe made available during ordinary business hours for copying upon\\nwritten request by any state agency regulating the funeral firm, funeral\\ndirector, undertaker, cemetery or other person, firm or corporation\\nwhich received such money or enforcing the requirements of this section,\\nprovided a complaint, either oral or written, has been received, or an\\ninspector has grounds to believe that serious or repeat violations of\\nthis section have occurred.\\n 9. This section shall not apply to the sale of lots or graves by a\\ncemetery.\\n 10. For the purposes of this section, \"preneed administrator\" means\\nany person, partnership, firm, limited liability company or corporation,\\nwhich is either domiciled in or doing business in the state of New York,\\nand which has received money under or in connection with an agreement\\nexecuted pursuant to this section; and \"county\" shall refer only to a\\ncounty located within the state of New York. For the purposes of\\nsubdivision five of this section, \"preneed administrator\" shall also\\ninclude any successor, assignee or transferee of funds held pursuant to\\nthis section.\\n 11. Notwithstanding any other provision of law to the contrary, the\\nfollowing provisions shall be applicable to each preneed administrator\\nof written preneed accounts, both revocable and irrevocable:\\n (a) The assets of such an account shall be deemed abandoned as of the\\nlater of (i) three years after the date of death of the person for whose\\nfuneral or burial such assets were to be used; or (ii) one year after\\nthe preneed administrator has determined that the person for whose\\nfuneral or burial such assets were to be used has died if such death\\noccurred less than two years prior to such determination. The preneed\\nadministrator shall make reasonable attempts to determine if the person\\nfor whose funeral or burial such assets were to be used has died, using\\navailable information from federal and state sources. Upon the death of\\na person for whose funeral or burial such merchandise or services are to\\nbe furnished, the preneed administrator shall determine the name and\\naddress of the funeral director who performed the funeral services. If\\nthe preneed administrator determines that the funeral director has been\\npaid in full for the funeral services, and if the account is\\nirrevocable, the preneed administrator shall, on or before the tenth day\\nof March in each year, transfer the assets of such account to the\\nindigent care burial fund for the county in which the person for whose\\nfuneral or burial such assets were to be used resided at the date of his\\nor her death. If the preneed administrator determines that the funeral\\ndirector has been paid in full for the funeral services, and if the\\naccount is revocable, the preneed administrator shall, on or before the\\ntenth day of March in each year, pay or deliver to the state comptroller\\npursuant to section one thousand three hundred fifteen of the abandoned\\nproperty law, the assets of such account which was deemed to have been\\nabandoned as of the thirty-first day of December of such calendar year.\\n (1) Upon the death of a person for whose funeral or burial such\\nmerchandise or services are to be furnished, if the preneed\\nadministrator determines that the funeral director has not been paid in\\nfull for the funeral services, the preneed administrator shall pay the\\nfuneral director for the funeral services upon receipt of the required\\ndocumentation for paying claims for funeral services. If the balance due\\nis more than the cost of the funeral services, the preneed administrator\\nshall transfer the remaining balance, if an irrevocable account, to the\\nindigent care burial fund as provided in this paragraph, or, if a\\nrevocable account, to the state comptroller as provided in this\\nparagraph.\\n (2) Upon the death of a person for whose funeral or burial such\\nmerchandise or services are to be furnished, and with reasonable\\nefforts, the preneed administrator cannot determine the name and address\\nof the funeral director who provided the funeral services, the preneed\\nadministrator, if the account was irrevocable, shall transfer the assets\\nof such account to the indigent care burial fund for the county in which\\nthe person for whose funeral or burial such merchandise or services are\\nto be furnished resided at the time the irrevocable account was\\nestablished, such transfer to be made as described in this paragraph.\\nThe preneed administrator, if the account was revocable, shall pay or\\ndeliver the assets of such account to the state comptroller, such\\ntransfer to be made as described in this paragraph.\\n (b) If the preneed administrator is not able to determine a current\\nproper address of an account for the person for whose funeral or burial\\nsuch merchandise or services are to be furnished such that the annual\\nstatements mailed regarding the account are returned to the preneed\\nadministrator as undeliverable, and such administrator cannot, after\\nmaking reasonable efforts, determine a current and proper address for\\nthe person for whose funeral or burial such merchandise or services are\\nto be furnished, the account shall be deemed dormant if (i) the preneed\\nadministrator has not been able to determine a correct address for the\\nperson for whose funeral or burial such merchandise or services are to\\nbe furnished for a period of fifteen consecutive years, and (ii) based\\nupon the information contained in the written agreement the preneed\\nadministrator can determine that, if the person for whose funeral or\\nburial such merchandise or services are to be furnished were then\\nliving, the person for whose funeral or burial such merchandise or\\nservices are to be furnished would have reached the age of one hundred\\nfifteen years.\\n (1) If the account is deemed dormant as defined in this paragraph, the\\npreneed administrator shall transfer the assets of such account, if it\\nis an irrevocable account, to the indigent care burial fund for the\\ncounty in which the person for whose funeral or burial such merchandise\\nor services are to be furnished resided at the time the irrevocable\\naccount was established. The administrator shall transfer the assets of\\nsuch account, if it is a revocable account, to the state comptroller as\\nprovided in paragraph (a) of this subdivision.\\n (2) Nothing contained in this subdivision shall prevent a person for\\nwhose funeral or burial such merchandise or services are to be\\nfurnished, if an irrevocable account, or a funeral home which provided\\nfuneral services to the person for whose funeral or burial such\\nmerchandise or services are to be furnished, or a person who has paid\\nfor funeral services for which an irrevocable account was established,\\nfrom requesting and receiving the lesser of (i) the actual cost or\\namount paid for the funeral, or (ii) the amount transferred to the\\nindigent burial fund, in the event that the person for whose funeral or\\nburial such merchandise or services are to be furnished is living, or\\nthat the funeral services for the person for whose funeral or burial\\nsuch merchandise or services are to be furnished were not paid in full,\\nor that a person has paid for funeral services for which an irrevocable\\naccount was established. Nothing contained in this subdivision shall\\nprevent a person otherwise authorized by law to seek reimbursement of\\nthe funds from a revocable account pursuant to the applicable provisions\\nof the abandoned property law.\\n 12. A preneed administrator operating under this section shall conduct\\nan audit of all of its accounts relating to preneed agreements as of the\\nthirty-first of December of each calendar year. The audit shall:\\n (a) Be performed by a certified public accountant licensed to practice\\nin New York state;\\n (b) Be completed and delivered to the preneed administrator within one\\nhundred twenty days of the end of such calendar year;\\n (c) Verify, by way of a representative sample, that the preneed\\nadministrator has a signed copy of the agreement for each account;\\n (d) Verify, by way of a representative sample, that appropriate income\\ntax reports have been sent by the preneed administrator to the owner of\\neach account;\\n (e) Verify that the investment of all funds for the agreements is in\\ncompliance with this section;\\n (f) Verify, by an appropriate sampling method, that the earnings on\\nthe investments are being properly applied to each account and that the\\nearnings are credited to each account at least monthly;\\n (g) Express an opinion that the financial statements of the preneed\\nadministrator fairly represent the financial condition of the funds\\nreceived in all material respects, and that all financial information\\ndistributed by the preneed administrator to consumers, funeral homes or\\nother parties is accurate; and\\n (h) Verify that the stated yield credited to the account for that\\nfiscal year, as announced by the preneed administrator, is accurate.\\n 13. (a) In no event shall the administrative fees charged under a\\npreneed agreement in any calendar year exceed the net income credited to\\nan account for such calendar year; that is, the account balance shall\\nnever be reduced in any calendar year because of administrative fees\\ncharged against the account.\\n (b) Any administrative fees otherwise payable in relation to preneed\\nagreements which are not paid in any calendar year because of the\\nlimitations in paragraph (a) of this subdivision shall not be collected\\nin any subsequent calendar year.\\n 14. A preneed administrator operating under this section shall, at the\\nend of each calendar year, have all assets valued and presented in\\naccordance with generally accepted accounting principles.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "454", "title" : "Sale of monuments and memorials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "454", "activeDate" : "2014-09-22", "sequenceNo" : 865, "repealedDate" : null, "fromSection" : "454", "toSection" : "454", "text" : " § 454. Sale of monuments and memorials. 1. Definitions. As used in\\nthis section, the following words shall have the following meanings:\\n (a) \"Consumer\" means any natural person who is solicited to purchase\\nor who purchases a memorial. The term shall not include a person making\\na purchase for resale.\\n (b) \"Memorial\" means any monument, headstone, footstone, ledger stone,\\nmarker or plaque designed or intended to be erected or installed in or\\non any cemetery, grave, mausoleum or other appropriate place of burial\\nor memorialization.\\n (c) \"Seller\" means an individual, firm, corporation, not-for-profit\\ncorporation, religious corporation, municipal corporation, political\\nsubdivision, partnership, association, society or joint stock company,\\nor any agent or employee thereof.\\n (d) \"Offer for sale\" means any contact by a seller with a consumer of\\nwhich the subject of the sale of a memorial to a consumer is a part,\\nwhether such contact be in person, by telephone, mail, or other\\nelectronic means, and regardless of whether or not the consumer\\ninitiates such contact.\\n (e) \"Sale\" means the sale of a memorial to or for a consumer for\\nactual delivery prior to, or subsequent to, a death.\\n (f) \"Foundation\" means a poured concrete or other permanent base\\nintended to support the memorial and installed at the gravesite in the\\nappropriate location.\\n 2. Each sale of a memorial shall only be evidenced by a written\\ncontract which shall be signed by all the parties to the contract, which\\nshall be dated, and which shall be completely separate and may not be\\nincluded in any other contract, agreement, purchase order, price list,\\nitemization of funeral services and merchandise selected or like\\ndocument reflecting the purchase by a consumer of any other real or\\npersonal property or service related to the burial, cremation, or other\\ndisposition of the remains of a deceased person. For purposes of this\\nsection, the pourer of a foundation shall not be considered the seller\\nof a foundation. Such separate contract shall be prepared, completed and\\nmaintained in accordance with this section for every memorial sale,\\nincluding a foundation therefor, and shall be the only contractual\\ndocument prepared in connection with such sale. Provided however in the\\ncase of the sale of a monument or memorial made at the same time as a\\npreneed sale of funeral goods or services, a one page document\\nsummarizing the transaction shall be given to the consumer in addition\\nto, but not in lieu of, the separate contract required by this section.\\nA full and complete copy of such contract shall be given to the consumer\\nby the seller at the time of purchase of such memorial, and shall be\\nretained by the seller for a period of at least three years from the\\ndate of sale. Said contract shall contain at least the following:\\n (a) the name, address and telephone number of the seller of the\\nmemorial;\\n (b) the name, address and telephone number of the consumer;\\n (c) the full name of the individual to be memorialized and, if known,\\nthe date of such individual's death;\\n (d) a full description of the memorial, including the material to be\\nprovided, the dimensions of the finished memorial, a sketch or drawing\\nof the proposed memorial, the wording of any inscription on such\\nmemorial including the approximate layout thereof, the method of\\nengraving of such inscription and the country or state of origin of such\\nmonument or memorial provided by the manufacturer;\\n (e) the approximate date when the memorial is expected to be\\ncompleted;\\n (f) the name of the cemetery in which the memorial is to be placed,\\ntogether with the location of the plot or grave, if known; and\\n (g) a full disclosure of each of the following: the price of the\\nmemorial; applicable sales tax, if any; the charge made by the cemetery\\nfor the foundation; any charges for additional work, provided that such\\nadditional work is clearly described in the contract and such charges\\nare itemized; the total price as contracted; and the schedule for\\npayment, if any.\\n 3. Whenever there shall be a violation of the provisions of this\\nsection, an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of the\\nviolation. If it shall appear to the satisfaction of the court or the\\njustice that the defendant has violated this section, an injunction may\\nbe issued by the court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eight thousand three hundred three of the\\ncivil practice law and rules and direct restitution. In connection with\\nany such proposed application, the attorney general is authorized to\\ntake proof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules. Whenever\\nthe court shall determine that a violation of this section has occurred,\\nthe court may impose a civil penalty of up to five hundred dollars for\\nthe first violation and up to one thousand dollars for the second or\\nsubsequent violation within an eighteen month period.\\n 4. The provisions of this section shall not apply to cemetery\\ncorporations as defined and regulated by article fifteen of the\\nnot-for-profit corporation law and the regulations promulgated\\nthereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "454-A", "title" : "Unsolicited offers for monuments or memorials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "454-A", "activeDate" : "2014-09-22", "sequenceNo" : 866, "repealedDate" : null, "fromSection" : "454-A", "toSection" : "454-A", "text" : " § 454-a. Unsolicited offers for monuments or memorials. 1. (a) Except\\nas provided in paragraph (b) of this subdivision, it shall be unlawful\\nto provide any offer for monuments or memorials by mail unless such\\noffer has first been solicited by the individual to which it is sent.\\n (b) Provided, however, such an offer is permissible where, in large,\\nbold-face type at the top of such offer, \"SOLICITATION\" is clearly\\nprinted.\\n 2. Whenever there shall be a violation of the provisions of this\\nsection, an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of the\\nviolation. If it shall appear to the satisfaction of the court or the\\njustice that the defendant has violated this section, an injunction may\\nbe issued by the court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eight thousand three hundred three of the\\ncivil practice law and rules and direct restitution. In connection with\\nany such proposed application, the attorney general is authorized to\\ntake proof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules. Whenever\\nthe court shall determine that a violation of this section has occurred,\\nthe court may impose a civil penalty of up to five hundred dollars for\\nthe first violation and up to one thousand dollars for the second or\\nsubsequent violation within an eighteen month period.\\n 3. The provisions of this section shall not apply to cemetery\\ncorporations as defined and regulated by article fifteen of the\\nnot-for-profit corporation law and the regulations promulgated\\nthereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-B", "title" : "Budget Planning", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-B", "activeDate" : "2014-09-22", "sequenceNo" : 867, "repealedDate" : null, "fromSection" : "455", "toSection" : "457", "text" : " ARTICLE 28-B\\n BUDGET PLANNING\\nSection 455. Definitions.\\n 456. Budget planning prohibited.\\n 457. Penalty.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "455", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "455", "activeDate" : "2014-09-22", "sequenceNo" : 868, "repealedDate" : null, "fromSection" : "455", "toSection" : "455", "text" : " § 455. Definitions. 1. Budget planning, as used in this article, means\\nthe making of a contract between a person or entity engaged in the\\nbusiness of budget planning with a particular debtor whereby (i) the\\ndebtor agrees to pay a sum or sums of money in any manner or form and\\nthe person or entity engaged in the business of budget planning\\ndistributes, or supervises, coordinates or controls the distribution of,\\nor has a contractual relationship with another person or entity that\\ndistributes, or supervises, coordinates or controls such distribution\\nof, the same among certain specified creditors in accordance with a plan\\nagreed upon and (ii) the debtor agrees to pay to such person or entity,\\nor such other person or entity that distributes, or supervises,\\ncoordinates or controls such distribution of, a sum or sums of money,\\nany valuable consideration for such services or for any other services\\nrendered in connection therewith. For the purposes of this article, a\\nperson or entity shall be considered as engaged in the business of\\nbudget planning in New York, and subject to this article and the\\nlicensing and other requirements of article twelve-C of the banking law,\\nif such person or entity solicits budget planning business within this\\nstate and, in connection with such solicitation, enters into a contract\\nfor budget planning with an individual then resident in this state.\\n 2. Person, as used in this article, shall not include a person\\nadmitted to practice law in this state.\\n 3. Entity, as used in this article, shall not include a firm,\\npartnership, professional corporation, or other organization, all of the\\nmembers or principals of which are admitted to practice law in this\\nstate.\\n 4. Person or entity as used in this article shall not include a\\ncharitable corporation as defined in paragraph (a) of section one\\nhundred two (Definitions) of the not-for-profit corporation law of this\\nstate, or an entity incorporated in another state and having a similar\\nnot-for-profit status, licensed by the superintendent, to engage in the\\nbusiness of budget planning as defined in this section.\\n 5. Any attorney licensed to practice law in this state who is engaged\\nin budget planning shall (a) negotiate directly with creditors on behalf\\nof the client; (b) ensure that all moneys received from the client are\\ndeposited in the attorney's account maintained for client funds; (c) pay\\ncreditors from such account; and (d) offer budget planning services\\nthrough the same legal entity that the attorney uses to practice law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "456", "title" : "Budget planning prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "456", "activeDate" : "2014-09-22", "sequenceNo" : 869, "repealedDate" : null, "fromSection" : "456", "toSection" : "456", "text" : " § 456. Budget planning prohibited. No person or entity shall engage in\\nthe business of budget planning as defined in section four hundred\\nfifty-five of this article, except as authorized in article twelve-C of\\nthe banking law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "457", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "457", "activeDate" : "2014-09-22", "sequenceNo" : 870, "repealedDate" : null, "fromSection" : "457", "toSection" : "457", "text" : " § 457. Penalty. Whoever either individually or as officer, director or\\nemployee of any person, firm, association or corporation, violates any\\nof the provisions of the preceding section shall be guilty of a\\nmisdemeanor for each such violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-BB", "title" : "Credit Services Business", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-BB", "activeDate" : "2014-09-22", "sequenceNo" : 871, "repealedDate" : null, "fromSection" : "458-A", "toSection" : "458-K", "text" : " ARTICLE 28-BB\\n CREDIT SERVICES BUSINESS\\nSection 458-a. Legislative findings and declarations; purposes.\\n 458-b. Definitions.\\n 458-c. Information statement; procedure.\\n 458-d. Information statement; contents.\\n 458-e. Advance fees prohibited.\\n 458-f. Contracts; requirements and contents.\\n 458-g. Contracts void and unenforceable.\\n 458-h. Deceptive acts prohibited.\\n 458-i. Action for recovery of damages by consumer.\\n 458-j. Enforcement by attorney general.\\n 458-k. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-A", "title" : "Legislative findings and declarations; purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-A", "activeDate" : "2014-09-22", "sequenceNo" : 872, "repealedDate" : null, "fromSection" : "458-A", "toSection" : "458-A", "text" : " § 458-a. Legislative findings and declarations; purposes. The\\nlegislature finds and declares:\\n 1. The ability to obtain and use credit has become of great importance\\nto consumers, who have a vital interest in establishing and maintaining\\ntheir credit worthiness and credit standing. As a result, consumers who\\nhave experienced credit problems may seek assistance from credit\\nservices businesses which offer to improve the credit standing of such\\nconsumers.\\n Certain advertising and business practices of some companies engaged\\nin the business of credit services have worked a financial hardship upon\\nthe people of this state, often those who are of limited economic means\\nand inexperienced in credit matters.\\n 2. The purposes of this article are to provide prospective consumers\\nof services of credit services companies with the information necessary\\nto make an informed decision regarding the purchase of those services\\nand to protect the public from unfair or deceptive advertising and\\nbusiness practices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-B", "activeDate" : "2014-09-22", "sequenceNo" : 873, "repealedDate" : null, "fromSection" : "458-B", "toSection" : "458-B", "text" : " § 458-b. Definitions. As used in this article:\\n 1. \"Credit services business\" means any person who sells, provides, or\\nperforms, or represents that he can or will sell, provide or perform, a\\nservice for the express or implied purpose of improving a consumer's\\ncredit record, history, or rating or providing advice or assistance to a\\nconsumer with regard to the consumer's credit record history or rating\\nin return for the payment of a fee.\\n \"Credit services business\" does not include any of the following:\\n (a) Any charitable corporation as defined in paragraph (a) of section\\none hundred two (Definitions) of the not-for-profit corporation law\\nlicensed pursuant to article twelve-c of the banking law.\\n (b) Any person admitted to practice law in this state where the person\\nrenders services within the course and scope of his or her practice as\\nan attorney at law.\\n 2. \"Consumer\" means any natural person who is solicited to purchase or\\nwho purchases the services of a credit services business.\\n 3. \"Person\" includes an individual, corporation, partnership, joint\\nventure, or any business entity.\\n 4. The terms \"consumer reporting agency\", \"consumer report\",\\n\"investigative consumer report\", \"file\", and \"adverse information\" shall\\nhave the meanings ascribed to each by section three hundred eighty-a of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-C", "title" : "Information statement; procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-C", "activeDate" : "2014-09-22", "sequenceNo" : 874, "repealedDate" : null, "fromSection" : "458-C", "toSection" : "458-C", "text" : " § 458-c. Information statement; procedure. Prior to the execution of a\\ncontract between a consumer and a credit services business, the credit\\nservices business shall provide the consumer an information statement in\\nwriting, on a separate sheet, containing the information required by\\nsection four hundred fifty-eight-d of this chapter. The consumer shall\\nacknowledge receipt of such information statement by placing his\\nsignature on the face thereof. The credit services business shall\\nmaintain on file or microfilm for a period of two years from the date of\\nsuch acknowledgement an exact copy of such information statement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-D", "title" : "Information statement; contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-D", "activeDate" : "2014-09-22", "sequenceNo" : 875, "repealedDate" : null, "fromSection" : "458-D", "toSection" : "458-D", "text" : " § 458-d. Information statement; contents. The information statement\\nshall be printed in at least ten point type and shall include the\\nfollowing:\\n \"RIGHT TO REVIEW YOUR FILE\"\\n \"The Federal Fair Credit Reporting Act gives you the right to know\\nwhat your credit file contains, and the consumer reporting agency must\\nprovide someone to help you interpret the data. The New York Fair Credit\\nReporting Act gives you the right to receive an actual copy of your\\ncredit report. You will be required to identify yourself to the\\nconsumer reporting agency and you may be charged a small fee. There is\\nno fee, however, if you have been turned down for credit, employment, or\\ninsurance because of information contained in a report within the\\npreceding thirty days.\"\\n \"INCORRECT INFORMATION\"\\n \"Consumer reporting agencies are required to follow reasonable\\nprocedures to ensure that subscribing creditors report information\\naccurately. However, mistakes may occur.\\n When you notify the consumer reporting agency in writing that you\\ndispute the accuracy of information, it must reinvestigate and modify or\\nremove inaccurate data. The consumer reporting agency may not charge any\\nfee for this service. Any pertinent data you have concerning an error\\nshould be given to the consumer reporting agency.\\n If reinvestigation does not resolve the dispute to your satisfaction,\\nyou may enter a statement of one hundred words or less in your file,\\nexplaining why you think the record is inaccurate.\\n The consumer reporting agency must include your statement about\\ndisputed data -- or a coded version of it -- with any reports it issues\\nabout you. New York law also provides that, at your request, the\\nconsumer reporting agency must notify any person who has received a\\nreport in the previous year that an error existed and furnish such\\nperson with the corrected information.\"\\n \"TIME LIMITS ON ADVERSE DATA\"\\n \"Most kinds of information in your file may be reported for a period\\nof seven years. If you have declared personal bankruptcy, however, that\\nfact may be reported for ten years.\\n After seven years or ten years, the information can't be disclosed by\\na credit reporting agency unless you are being investigated for a credit\\napplication of $50,000 or more, for an application to purchase life\\ninsurance of $50,000 or more, or for employment at an annual salary of\\n$25,000 or more.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-E", "title" : "Advance fees prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-E", "activeDate" : "2014-09-22", "sequenceNo" : 876, "repealedDate" : null, "fromSection" : "458-E", "toSection" : "458-E", "text" : " § 458-e. Advance fees prohibited. It is hereby declared to be an\\nunfair and deceptive trade practice and unlawful for a credit services\\nbusiness to receive or collect from a consumer any fee in advance of the\\nperformance of those services specified in the contract as required by\\nsection four hundred fifty-eight-f of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-F", "title" : "Contracts; requirements and contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-F", "activeDate" : "2014-09-22", "sequenceNo" : 877, "repealedDate" : null, "fromSection" : "458-F", "toSection" : "458-F", "text" : " § 458-f. Contracts; requirements and contents. 1. Every contract\\nbetween a consumer and a credit services business shall be in writing,\\nshall be dated, shall contain the street address of the credit services\\nbusiness and the consumer, and shall be signed by the consumer and\\ncredit services business. Each contract shall contain the following:\\n (a) A complete and detailed statement of the services to be performed\\nand the results to be achieved by the credit services business for or on\\nbehalf of the consumer, including a list of the adverse information\\nappearing on the consumer's credit report that will be modified, a\\ndescription of the precise nature of each modification, and the\\nestimated date by which each modification will occur. A copy of the\\nconsumer's current credit report issued by a consumer credit reporting\\nagency shall be annexed to the contract with the adverse entries\\nproposed to be modified clearly marked.\\n (b) A statement in at least ten point type as follows:\\n \"Under New York law no fee may be collected in advance of performance\\nof the services specified in this contract.\"\\n 2. The contract shall be accompanied by a completed form in duplicate,\\ncaptioned \"Notice of Cancellation,\" which shall be attached to the\\ncontract and easily detachable, and which shall contain in at least ten\\npoint type the following:\\n \"Notice of Cancellation\"\\n \"You may cancel this contract, without any penalty or obligation,\\nwithin three days from the date the contract is signed.\\n \"To cancel this contract, mail or deliver a signed and dated copy of\\nthis cancellation notice, or any other written notice,\\nto____________________ at\\n (name of seller)\\n______________________________________________________________________\\n (address of seller) (Place of business)\\n not later than midnight____________________.\\n (date)\\n \"I hereby cancel this transaction.\"\\n ________________________________________________\\n (purchaser's signature)\\n ________________________________________________\\n (date)\\n 3. A copy of the fully completed contract and all other documents\\nshall be given to the buyer at the time the contract is signed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-G", "title" : "Contracts void and unenforceable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-G", "activeDate" : "2014-09-22", "sequenceNo" : 878, "repealedDate" : null, "fromSection" : "458-G", "toSection" : "458-G", "text" : " § 458-g. Contracts void and unenforceable. 1. Any contract for\\nservices which does not comply with the applicable provisions of this\\narticle shall be void and unenforceable as contrary to public policy.\\n 2. Any waiver by a consumer of the provisions of this article shall be\\ndeemed void and unenforceable by a credit services business as contrary\\nto public policy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-H", "title" : "Deceptive acts prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-H", "activeDate" : "2014-09-22", "sequenceNo" : 879, "repealedDate" : null, "fromSection" : "458-H", "toSection" : "458-H", "text" : " § 458-h. Deceptive acts prohibited. It is hereby declared to be an\\nunfair and deceptive trade practice and unlawful for a credit services\\ncompany to:\\n 1. Misrepresent directly or indirectly in its advertising, promotional\\nmaterials, sales presentation, or in any manner: the nature of the\\nservices to be performed; the time within which services will be\\nperformed; the ability to improve a consumer's credit report or credit\\nrating; the amount or type of credit a consumer can expect to receive as\\na result of the performance of the services offered; the qualifications,\\ntraining or experience of its personnel.\\n 2. Make or counsel or advise any consumer to make any statement which\\nis untrue or misleading and which is known, or which by the exercise of\\nreasonable care should be known, to be untrue or misleading, to a\\nconsumer credit reporting agency or to any person who has extended\\ncredit to a consumer or to whom a consumer is applying for an extension\\nof credit, with respect to a consumer's credit worthiness, credit\\nstanding, or credit capacity.\\n 3. Represent directly or indirectly in its advertising, promotional\\nmaterials, sales presentation, or in any manner that it can procure or\\nobtain a credit card for a consumer unless that credit services company\\nhas authority to issue the credit card being advertised.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-I", "title" : "Action for recovery of damages by consumer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-I", "activeDate" : "2014-09-22", "sequenceNo" : 880, "repealedDate" : null, "fromSection" : "458-I", "toSection" : "458-I", "text" : " § 458-i. Action for recovery of damages by consumer. Any consumer\\ninjured by a violation of this article or by the breach by the credit\\nservices business of a contract which has been entered into pursuant to\\nsection four hundred fifty-eight-f of this chapter may bring an action\\nfor recovery of damages. Judgment shall be entered in favor of a\\nconsumer in an amount not to exceed three times the actual damages, but\\nin no case less than the amount paid by the buyer to the credit services\\nbusiness. The court may award reasonable attorney's fees to a prevailing\\nplaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-J", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-J", "activeDate" : "2014-09-22", "sequenceNo" : 881, "repealedDate" : null, "fromSection" : "458-J", "toSection" : "458-J", "text" : " § 458-j. Enforcement by attorney general. In addition to the other\\nremedies provided, whenever there shall be a violation of this article,\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this article has occurred, the court may impose a civil\\npenalty of not more than one thousand dollars for each violation. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "458-K", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-K", "activeDate" : "2014-09-22", "sequenceNo" : 882, "repealedDate" : null, "fromSection" : "458-K", "toSection" : "458-K", "text" : " § 458-k. Severability. If any provision of this article or if any\\napplication thereof to any person or circumstance is held invalid, the\\nremainder of this article and the application of the provision to other\\npersons and circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-C", "title" : "Immigrant Assistance Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-C", "activeDate" : "2014-09-22", "sequenceNo" : 883, "repealedDate" : null, "fromSection" : "460-A", "toSection" : "460-K", "text" : " ARTICLE 28-C\\n IMMIGRANT ASSISTANCE SERVICES\\nSection 460-a. Definitions and applicability.\\n 460-b. Immigrant assistance service contracts.\\n 460-c. Required notices.\\n 460-d. Prohibited acts.\\n 460-e. Retention of documents.\\n 460-f. Surety requirement.\\n 460-g. Action.\\n 460-h. Enforcement.\\n 460-i. Violations.\\n 460-j. Other remedies.\\n 460-k. Additional civil penalty for consumer frauds committed\\n against users of immigrant assistance services.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-A", "title" : "Definitions and applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-A", "activeDate" : "2015-02-06", "sequenceNo" : 884, "repealedDate" : null, "fromSection" : "460-A", "toSection" : "460-A", "text" : " § 460-a. Definitions and applicability. For the purpose of this\\narticle the following terms shall have the following meanings:\\n 1. \"Immigrant assistance service\" means providing assistance, for a\\nfee or other compensation, to persons who have, or plan to, come to the\\nUnited States from a foreign country, or their representatives, in\\nrelation to any proceeding, filing or action affecting the\\nnon-immigrant, immigrant or citizenship status of a person which arises\\nunder the immigration and nationality law, executive order or\\npresidential proclamation, or which arises under actions or regulations\\nof the United States citizenship and immigration services, the United\\nStates department of homeland security, the United States department of\\nlabor, or the United States department of state.\\n 2. \"Provider\" means any person, including but not limited to a\\ncorporation, partnership, limited liability company, sole proprietorship\\nor natural person, that provides immigrant assistance services, but\\nshall not include (a) any person duly admitted to practice law in this\\nstate and any person working directly under the supervision of the\\nperson admitted; (b) any not-for-profit tax exempt organization that\\nprovides immigrant assistance without a fee or other payment from\\nindividuals or at nominal fees as defined by the federal board of\\nimmigration appeals, and the employees of such organization when acting\\nwithin the scope of such employment; (c) any organization recognized by\\nthe federal board of immigration appeals that provides services via\\nrepresentatives accredited by such board to appear before the United\\nStates citizenship and immigration services and/or executive office for\\nimmigration review, that does not charge a fee or charges nominal fees\\nas defined by the board of immigration appeals; (d) any authorized\\nagency under subdivision ten of section three hundred seventy-one of the\\nsocial services law and the employees of such organization when acting\\nwithin the scope of such employment; or (e) any individual providing\\nrepresentation in an immigration-related proceeding under federal law\\nfor which federal law or regulation establishes such individual's\\nauthority to appear.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-B", "title" : "Immigrant assistance service contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-B", "activeDate" : "2015-02-06", "sequenceNo" : 885, "repealedDate" : null, "fromSection" : "460-B", "toSection" : "460-B", "text" : " § 460-b. Immigrant assistance service contracts. 1. No immigrant\\nassistance service shall be provided until the customer has executed a\\nwritten contract with the immigrant assistant service provider. The\\ncontract shall be in a language understood by the customer, either alone\\nor with the assistance of an available interpreter, and, if that\\nlanguage is not English, an English language version of the contract\\nmust also be provided. A copy of the contract shall be provided to the\\ncustomer upon the customer's execution of the contract. The interpreter\\nshall provide an attestation affirming the accuracy of his or her\\ntranslation, to be attached to the contract.\\n 2. (a) The customer has the right to cancel the contract within three\\nbusiness days after his or her execution of the contract, without fee or\\npenalty. The right to cancel the contract within three days without\\npayment of any fee may be waived when services must be provided\\nimmediately to avoid a forfeiture of eligibility or other loss of rights\\nor privileges, and the customer furnishes the provider with a separate\\ndated and signed statement, by the customer or his or her\\nrepresentative, describing the need for services to be provided within\\nthree days and expressly acknowledging and waiving the right to cancel\\nthe contract within three days.\\n (b) The contract may be cancelled at any time after execution. If the\\ncontract is cancelled more than three days after it was signed, or\\nwithin three days after it was signed if the right to cancel without fee\\nhas been waived, the provider may retain fees for services rendered, and\\nany additional amounts actually expended on behalf of the customer. All\\nother amounts must be returned to the customer within fifteen days after\\ncancellation.\\n 3. The written contract shall be in plain language, in at least twelve\\npoint type and shall include the following:\\n (a) The name, address and telephone number of the provider.\\n (b) Itemization of all services to be provided to the customer, as\\nwell as the fees and costs to be charged to the customer for each\\nservice.\\n (c) A statement that original documents required to be submitted in\\nconnection with an application made to the United States citizenship and\\nimmigration services or for other certifications, benefits or services\\nprovided by government may not be retained by the immigrant assistance\\nservice provider for any reason, including failure of the customer to\\npay fees or costs or other fee dispute.\\n (d) A statement that the provider shall give the customer a copy of\\neach document prepared with the provider's assistance.\\n (e) A statement that the customer is not required to obtain supporting\\ndocuments through the immigrant assistance service provider, and may\\nobtain such documents himself or herself, along with the statement: \"The\\nU.S. government provides information on required forms and documentation\\nfor free online and by phone\".\\n (f) The statement: \"You may cancel this contract at any time. You have\\nthree (3) business days to cancel this contract without fee or penalty\\nand get back any fees that you have already paid. Notice of cancellation\\nmay be made by completing the cancellation form included in this\\ncontract, or otherwise notifying the provider in writing and delivering\\nsuch form or notification to the provider in person or by United States\\nmail to (specify address). If you cancel this contract you will get back\\nany documents you submitted to the provider\".\\n (g) Each contract shall contain a separate final page titled\\n\"Cancellation Form.\" The cancellation form shall contain the following\\nstatement: \"I hereby cancel the contract of (date of contract) between\\n(name of provider, address of provider, and phone number of provider)\\nand (name of customer).\" Below the statement shall be a customer\\nsignature and date line. Below the signature and date line, the form\\nshall contain the statement required by paragraph (h) of this\\nsubdivision, printed in twelve point or larger text.\\n (h) A statement that the immigrant assistance service provider has\\nfinancial surety in effect for the benefit of any customer in the event\\nthat the customer is owed a refund, or is damaged by the actions of the\\nprovider, together with the name, address and telephone number of the\\nsurety.\\n (i) The statement: \"The individual providing assistance to you under\\nthis contract is not an attorney licensed to practice law or accredited\\nby the board of immigration appeals to provide representation to you\\nbefore the United States citizenship and immigration services, the\\ndepartment of homeland security, the executive office for immigration\\nreview, the department of labor, the department of state or any\\nimmigration authorities and may not give legal advice or accept fees for\\nlegal advice. For a free legal referral call the office for new\\nAmericans hotline at (phone number of the office for new Americans), the\\nNew York state office of the attorney general at (phone number of the\\noffice of the attorney general), or your local district attorney or\\nprosecutor.\" The service provider shall be responsible for providing the\\naccurate and up-to-date phone numbers required in such statement.\\n (j) The statement: \"The individual providing assistance to you under\\nthis contract is prohibited from disclosing any information about you\\nto, or filing any forms or documents on your behalf with, immigration or\\nother authorities without your knowledge and consent except as required\\nby law.\" A provider shall promptly notify the customer in writing when\\nsuch provider has disclosed any information to or filed any form or\\ndocument with immigration or other authorities when such disclosure or\\nfiling was required by law and done without the knowledge and consent of\\nthe customer.\\n (k) The statement: \"A copy of all forms completed and documents\\naccompanying the forms shall be kept by the service provider for three\\nyears. A copy of the customer's file shall be provided to the customer\\non demand and without fee.\"\\n (l) On the same page as the signature line, the statement: \"The\\nindividual providing assistance to you under the terms of this contract\\nmust explain the contents of this contract to you and answer any\\nquestions about it that you may have.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-C", "title" : "Required notices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06", "2023-09-29" ], "docLevelId" : "460-C", "activeDate" : "2015-02-06", "sequenceNo" : 886, "repealedDate" : null, "fromSection" : "460-C", "toSection" : "460-C", "text" : " § 460-c. Required notices. 1. Posting of signs. Every provider shall\\npost signs, at every location where such provider meets with customers,\\nsetting forth information in English and in every other language in\\nwhich the person provides or offers to provide immigrant assistance\\nservices. There shall be a separate sign for each language, and each\\nshall be posted in a location where it will be visible to customers.\\n (a) One sign shall be at least eleven inches by seventeen inches, and\\nshall contain the following in not less than sixty point type:\\n \"THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS CONTRACT IS NOT\\nAN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE BOARD OF\\nIMMIGRATION APPEALS TO PROVIDE REPRESENTATION TO YOU BEFORE THE UNITED\\nSTATES CITIZENSHIP AND IMMIGRATION SERVICES, THE DEPARTMENT OF HOMELAND\\nSECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF\\nLABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY\\nNOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. FOR A FREE LEGAL\\nREFERRAL CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT (phone number of\\nthe office for new Americans). TO FILE A COMPLAINT ABOUT AN IMMIGRANT\\nASSISTANCE SERVICE PROVIDER CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT\\n(phone number of the office for new Americans), THE NEW YORK STATE\\nOFFICE OF ATTORNEY GENERAL AT (phone number of the office of attorney\\ngeneral), OR YOUR LOCAL DISTRICT ATTORNEY OR PROSECUTOR'S OFFICE AT\\n(phone number of the local district attorney).\" The service provider\\nshall be responsible for providing the accurate and up-to-date phone\\nnumbers required on such sign.\\n (b) A separate sign shall be posted in a location visible to customers\\nin conspicuous size type and which contains the schedule of fees for\\nservices offered and the statement: \"YOU MAY CANCEL ANY CONTRACT WITHIN\\n3 BUSINESS DAYS AND GET BACK YOUR DOCUMENTS AND ANY MONEY YOU PAID.\"\\n 2. Notice in advertisements. Every provider who advertises immigrant\\nassistance services, whether by signs, pamphlets, newspapers, or any\\nother written communication shall post or otherwise include with such\\nadvertisement a notice in the language in which the advertisement\\nappears. This notice shall be of a conspicuous size and shall state:\\n\"THE INDIVIDUAL OFFERING TO PROVIDE IMMIGRANT ASSISTANCE SERVICES IS NOT\\nAN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE BOARD OF\\nIMMIGRATION APPEALS TO PROVIDE REPRESENTATION BEFORE THE UNITED STATES\\nCITIZENSHIP AND IMMIGRATION SERVICES, THE DEPARTMENT OF HOMELAND\\nSECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF\\nLABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY\\nNOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-D", "title" : "Prohibited acts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-D", "activeDate" : "2015-02-06", "sequenceNo" : 887, "repealedDate" : null, "fromSection" : "460-D", "toSection" : "460-D", "text" : " § 460-d. Prohibited acts. No provider shall:\\n 1. Give legal advice, or otherwise engage in the practice of law.\\n 2. Assume, use or advertise the title of lawyer or attorney at law, or\\nequivalent terms in the English language or any other language, or\\nrepresent or advertise other titles or credentials, including but not\\nlimited to \"notary public\", \"accredited representative of the board of\\nimmigration appeals,\" \"notario public\", \"notario\", \"immigration\\nspecialist\" or \"immigration consultant,\" that could cause a customer to\\nbelieve that the person possesses special professional skills or is\\nauthorized to provide advice on an immigration matter; provided that a\\nnotary public licensed by the secretary of state may use the term\\n\"notary public.\"\\n 3. State or imply that the provider can or will obtain special favors\\nfrom or has special influence with the United States citizenship and\\nimmigration services, the United States department of Homeland Security,\\nthe executive office for Immigration review or any other governmental\\nentity.\\n 4. Threaten to report the customer to immigration or other authorities\\nor threaten to undermine in any way the customer's immigration status or\\nattempt to secure lawful status.\\n 5. Demand or retain any fees or compensation for services not\\nperformed, services to be performed in the future, or costs that are not\\nactually incurred.\\n 6. Advise, direct or permit a customer to answer questions on a\\ngovernment document, or in a discussion with a government official, in a\\nspecific way where the provider knows or has reasonable cause to believe\\nthat the answers are false or misleading.\\n 7. Disclose any information to, or file any forms or documents with,\\nimmigration or other authorities on behalf of a customer without the\\nknowledge or consent of the customer except where required by law. A\\nprovider shall promptly notify the customer in writing when such\\nprovider has disclosed any information to or filed any form or document\\nwith immigration or other authorities when such disclosure or filing was\\nrequired by law and done without the knowledge and consent of the\\ncustomer.\\n 8. Fail to provide customers with copies of documents filed with a\\ngovernmental entity or refuse to return original documents supplied by,\\nprepared on behalf of, or paid for by the customer, upon the request of\\nthe customer, or upon termination of the contract. Original documents\\nmust be returned promptly upon request and upon cancellation of the\\ncontract, even if there is a fee dispute between the immigration\\nassistance service provider and the customer.\\n 9. Make any misrepresentation or false statement, directly or\\nindirectly.\\n 10. Make any guarantee or promise to a customer, unless there is a\\nbasis in fact for such representation, and the guarantee or promise is\\nin writing.\\n 11. Represent that a fee may be charged, or charge a fee for the\\ndistribution, provision or submission of an official document or form\\nissued or promulgated by a state or federal governmental entity, or for\\na referral of the customer to another person or entity that is qualified\\nto provide services or assistance which the immigrant assistance service\\nprovider will not provide.\\n 12. For a fee or other compensation refer a customer to an attorney or\\nany other individual or entity that can provide services that the\\nimmigrant assistance service provider cannot provide.\\n 13. Give advice on the determination of a person's immigration status,\\nincluding advising him or her as to answers on a government form\\nregarding such determination.\\n 14. Promise to expedite immigration or other immigration related\\ngovernmental benefit processes, through claims to have special\\nrelationships with or special access to government employees who will\\nexpedite applications or issue favorable decisions for any reason other\\nthan the merits of the application.\\n 15. Knowingly provide misleading or false information to a noncitizen\\nabout his or her individual or family's eligibility for immigration\\nbenefits or status, or to noncitizens or citizens about their individual\\nor family's eligibility for other government benefits, with the intent\\nto induce an individual to employ the services of the service provider\\nto obtain such immigration benefits or status, or such other government\\nbenefits.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-E", "title" : "Retention of documents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-E", "activeDate" : "2015-02-06", "sequenceNo" : 888, "repealedDate" : null, "fromSection" : "460-E", "toSection" : "460-E", "text" : " § 460-e. Retention of documents. A provider shall retain copies of all\\ndocuments prepared or obtained in connection with a customer's request\\nfor assistance for a period of three years after a written contract is\\nexecuted by the provider and the customer, whether or not such contract\\nis subsequently cancelled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-F", "title" : "Surety requirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-F", "activeDate" : "2015-02-06", "sequenceNo" : 889, "repealedDate" : null, "fromSection" : "460-F", "toSection" : "460-F", "text" : " § 460-f. Surety requirement. Every provider shall maintain in full\\nforce and effect for the entire period during which the provider\\nprovides immigrant assistance services and for one year after the\\nprovider ceased to do business as an immigrant assistance service\\nprovider, a bond, contract of indemnity, or irrevocable letter of\\ncredit, payable to the people of the state of New York, in the principal\\namount of fifty thousand dollars; provided, however, that every provider\\nthat receives in excess of two hundred fifty thousand dollars in total\\nfees and other compensation for providing immigrant assistance service\\nduring any twelve-month period shall maintain in full force and effect a\\nbond, contract of indemnity, or irrevocable letter of credit, payable to\\nthe people of the state of New York, in the principal amount of twenty\\npercent of such total fees and compensation. Such surety shall be for\\nthe benefit of any customer who does not receive a refund of fees from\\nthe provider to which he or she is entitled, or is otherwise injured by\\nthe provider. The attorney general on behalf of the customer or the\\ncustomer in his or her own name, may maintain an action against the\\nprovider and the surety.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-G", "title" : "Action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-G", "activeDate" : "2015-02-06", "sequenceNo" : 890, "repealedDate" : null, "fromSection" : "460-G", "toSection" : "460-G", "text" : " § 460-g. Action. An individual who is harmed by a provider as a result\\nof a provider's violation of this article may bring an action in his or\\nher own name against a provider to enjoin such unlawful act or practice,\\nan action to recover his or her actual damages or twenty-five hundred\\ndollars, whichever is greater, or both such actions, in addition to any\\nother remedy available in law or equity. The court may award costs and\\nreasonable attorney's fees to a prevailing plaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-H", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-H", "activeDate" : "2015-02-06", "sequenceNo" : 891, "repealedDate" : null, "fromSection" : "460-H", "toSection" : "460-H", "text" : " § 460-h. Enforcement. Upon any violation of this article, an\\napplication may be made by the attorney general in the name of the\\npeople of the state to a court having jurisdiction to issue an\\ninjunction, and upon notice to the respondent of not fewer than five\\ndays, to enjoin and restrain the continuance of the violation. If it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this article has occurred, the court may\\nimpose a civil penalty of not more than ten thousand dollars for each\\nviolation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-I", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-I", "activeDate" : "2015-02-06", "sequenceNo" : 892, "repealedDate" : null, "fromSection" : "460-I", "toSection" : "460-I", "text" : " § 460-i. Violations. Any violation of any provision of this article\\nshall be a class A misdemeanor, and upon conviction thereof, shall be\\npunishable by a fine of not more than one thousand dollars, or by\\nimprisonment for not more than one year, or by both such fine and\\nimprisonment; provided however, a second or subsequent offense shall be\\npunishable by a fine of not more than three thousand dollars or by\\nimprisonment for not more than one year, or by both such fine and\\nimprisonment. In addition, the court may order as part of the sentence\\nimposed restitution or reparation to the victim of the crime pursuant to\\nsection 60.27 of the penal law. The attorney general shall have the\\npower to prosecute any violation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-J", "title" : "Other remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-J", "activeDate" : "2014-09-22", "sequenceNo" : 893, "repealedDate" : null, "fromSection" : "460-J", "toSection" : "460-J", "text" : " § 460-j. Other remedies. The civil and criminal remedies set forth in\\nthis article shall not preclude any individual or entity or government\\nauthority from seeking relief under any other statutory or common law\\nright to relief.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "460-K", "title" : "Additional civil penalty for consumer frauds committed against users of immigrant assistance services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-06" ], "docLevelId" : "460-K", "activeDate" : "2015-02-06", "sequenceNo" : 894, "repealedDate" : null, "fromSection" : "460-K", "toSection" : "460-K", "text" : " § 460-k. Additional civil penalty for consumer frauds committed\\nagainst users of immigrant assistance services. 1. (a) In addition to\\nany liability for damages or a civil penalty imposed pursuant to\\nsections three hundred forty-nine, three hundred fifty-c and three\\nhundred fifty-d of this chapter, regarding deceptive practices and false\\nadvertising, and subdivision twelve of section sixty-three of the\\nexecutive law, regarding proceedings by the attorney general for\\nequitable relief against fraudulent or illegal consumer fraud, a person\\nor entity who engages in any conduct prohibited by said provisions of\\nlaw, and whose conduct is perpetrated against one or more persons\\nseeking or using immigrant assistance services, may be liable for an\\nadditional civil penalty not to exceed ten thousand dollars, in\\naccordance with paragraph (b) of this subdivision.\\n (b) In determining whether to impose a supplemental civil penalty\\npursuant to paragraph (a) of this subdivision, and the amount of any\\nsuch penalty, the court shall consider, in addition to other appropriate\\nfactors, the extent to which the following factors are present:\\n (1) Whether the defendant knew that his or her conduct was directed to\\none or more persons seeking or using immigrant assistance services or\\nwhether the defendant knowingly acted with disregard for the rights of a\\nperson seeking or using immigrant assistance services;\\n (2) Whether the defendant's conduct: (i) caused a person seeking or\\nusing immigrant assistance services to suffer loss or encumbrance of a\\nprimary residence, loss of employment or source of income, substantial\\nloss of property or assets essential to the health or welfare of the\\nperson seeking or using immigrant assistance services; or (ii) whether\\none or more persons seeking or using immigrant assistance services were\\nsubstantially more vulnerable to the defendant's conduct because of\\nimpaired understanding, or any other perceived disadvantage, and\\nactually suffered physical or economic damage resulting from the\\ndefendant's conduct.\\n 2. Restitution ordered pursuant to the provisions of law listed in\\nsubdivision one of this section or pursuant to any other section of law\\nshall be given priority over the imposition of civil penalties ordered\\nby the court under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-D", "title" : "Lasers, Radiation, Crane Operators and Blasters", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-D", "activeDate" : "2014-09-22", "sequenceNo" : 895, "repealedDate" : null, "fromSection" : "480", "toSection" : "486", "text" : " ARTICLE 28-D\\n LASERS, RADIATION, CRANE OPERATORS AND BLASTERS\\nSection 480. Legislative findings.\\n 481. Definitions.\\n 482. Licensing and registration.\\n 483. Administration.\\n 484. Enforcement.\\n 485. Application.\\n 486. Crane inspectors.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "480", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "480", "activeDate" : "2014-09-22", "sequenceNo" : 896, "repealedDate" : null, "fromSection" : "480", "toSection" : "480", "text" : " § 480. Legislative findings. The legislature hereby finds that the use\\nof lasers and radioactive materials, the operation of cranes, the\\ndetonation of explosives, and the preparation and firing of pyrotechnics\\ninvolve such elements of potential danger to the lives, health and\\nsafety of the citizens of this state and to their property that special\\nregulations are necessary to insure that only persons of proper ability\\nand experience shall engage in such uses and operations.\\n The legislature hereby declares that this article shall be deemed an\\nexercise of the police power of this state for the protection of the\\nlives, health and safety of citizens in this state and of their\\nproperty.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "481", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481", "activeDate" : "2014-09-22", "sequenceNo" : 897, "repealedDate" : null, "fromSection" : "481", "toSection" : "481", "text" : " § 481. Definitions. As used in this article:\\n 1. \"Laser\" means light amplification by simulated emission of\\nradiation.\\n 2. \"Radioactive material\" means any material in any form that emits\\nionizing radiation spontaneously. \"Radiation equipment\" means any\\nequipment or device which can emit ionizing or non-ionizing radiation.\\n 3. \"Crane\" includes but is not limited to cranes and equipment of the\\nfollowing types: a mobile, carrier-mounted, power-operated hoisting\\nmachine utilizing a power-operated boom which moves laterally by\\nrotation of the machine on the carrier, tower cranes, hydraulic cranes\\nand power-operated derricks; provided, however, that \"crane\" shall not\\ninclude public utility company line trucks used by a public utility\\ncompany in the construction and maintenance of its generation,\\ntransmission and distribution facilities.\\n 4. \"Blaster\" means a person who performs the act of preparation for\\ndetonation and the detonation of an explosive.\\n 5. \"Pyrotechnician\" means a person who performs the preparation for\\nand the firing of pyrotechnics, as defined in article sixteen of the\\nlabor law.\\n 6. \"Commissioner\" means the commissioner of labor of the state of New\\nYork, except that any reference to the commissioner with respect to\\nradioactive material, as defined in this article, or radiation\\nequipment, as defined in this article, shall be a reference to the\\ncommissioner of health of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "482", "title" : "Licensing and registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "482", "activeDate" : "2014-09-22", "sequenceNo" : 898, "repealedDate" : null, "fromSection" : "482", "toSection" : "482", "text" : " § 482. Licensing and registration. 1. No individual shall use lasers,\\noperate a crane, act as a blaster or as a pyrotechnician without holding\\na valid certificate of competence issued by the commissioner of labor.\\n 2. No person shall possess or use any radioactive material without a\\nvalid license issued by the commissioner of health. Every installation\\nand mobile source consisting of radiation equipment shall be registered\\nwith the commissioner of health.\\n 3. No employer, contractor or agent thereof shall knowingly permit any\\nindividual to use lasers, operate a crane or act as a blaster or as a\\npyrotechnician without holding a valid certificate of competence issued\\nby the commissioner of labor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "483", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "483", "activeDate" : "2014-09-22", "sequenceNo" : 899, "repealedDate" : null, "fromSection" : "483", "toSection" : "483", "text" : " § 483. Administration. 1. a. The commissioner of labor is hereby\\nauthorized and directed to prescribe such rules and regulations as may\\nbe necessary and proper for the administration and enforcement of this\\narticle with respect to lasers, crane operators, blasters and\\npyrotechnicians.\\n b. Pursuant to section two hundred twenty-five of the public health\\nlaw, the public health and health planning council, subject to the\\napproval of the commissioner of health, is hereby authorized and\\ndirected to prescribe such rules and regulations as may be necessary and\\nproper for the administration and enforcement of this article with\\nrespect to radioactive material and radiation equipment. Such\\nregulations may require the posting of a bond or other security.\\n 2. Such regulations may provide for examinations, categories of\\ncertificates, licenses, or registrations, age and experience\\nrequirements, payment of fees, and may also provide for such limitations\\nand exemptions as the commissioner finds necessary and proper. In the\\ncase of blasters and pyrotechnicians, such regulations may require\\nfingerprinting, and in the case of users of radioactive material, such\\nregulations may require the posting of a bond or other security.\\n 3. Any member of a blaster examining board, crane operating examining\\nboard or other board created pursuant to rules and regulations of the\\ncommissioner to implement this article shall serve without salary or\\nother compensation.\\n 4. The laser operating examining board is hereby abolished and any\\nreference to the laser operating examining board, in law or regulation,\\nshall be deemed a reference to the commissioner of labor. Any\\ninconsistent regulation or part thereof shall be deemed repealed as of\\nthe effective date of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "484", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "484", "activeDate" : "2014-09-22", "sequenceNo" : 900, "repealedDate" : null, "fromSection" : "484", "toSection" : "484", "text" : " § 484. Enforcement. 1. a. For the purpose of administering and\\nenforcing the provisions of this article with respect to lasers, cranes,\\nblasters and pyrotechnicians, the commissioner of labor shall have and\\nmay use all of the powers conferred upon him or her by the labor law, in\\naddition to the powers conferred herein.\\n b. For the purpose of administering and enforcing the provisions of\\nthis article with respect to radioactive material and radiation\\nequipment the commissioner of health shall have and may use all of the\\npowers conferred upon him or her by the public health law, in addition\\nto the powers conferred in this article.\\n 2. Any person who violates any provision of this article or of any\\nrule or regulation of the commissioner promulgated hereunder or of any\\nrule or regulation promulgated pursuant to paragraph b of subdivision\\ntwo of section four hundred eighty-five of this article shall be guilty\\nof a misdemeanor, and upon conviction shall be punished, by a fine of\\nnot more than one thousand dollars; for a second offense by a fine of\\nnot less than one thousand nor more than three thousand dollars, or by\\nimprisonment for not more than one year or by both such fine and\\nimprisonment; for a subsequent offense by a fine of not less than three\\nthousand dollars, or by imprisonment for not more than one year, or by\\nboth such fine and imprisonment.\\n 3. Where the employer, contractor or agent thereof permitting a\\nviolation of any provision of this article or of any rule or regulation\\nof the commissioner promulgated hereunder or of any rule or regulation\\npromulgated pursuant to paragraph b of subdivision two of section four\\nhundred eighty-five of this article shall be a corporation, then in\\naddition to the corporation, the officer or agent of such corporation\\nwho knowingly permits the corporation to violate such provisions is\\nguilty of a misdemeanor; and upon conviction thereof shall be punished\\nfor a first offense by a fine of not more than one thousand dollars; for\\na second offense by a fine of not less than one thousand nor more than\\nthree thousand dollars, or by imprisonment for not more than one year or\\nby both such fine and imprisonment; for a subsequent offense by a fine\\nof not less than three thousand dollars or by imprisonment for not more\\nthan one year, or by both such fine and imprisonment.\\n 4. (a) Any person who operates a crane without a certificate of\\ncompetence issued by the commissioner of labor as required by section\\nfour hundred eighty-two of this article shall be deemed to have violated\\nthis article. The commissioner may impose a civil penalty upon such\\nperson of no more than one thousand dollars for the initial violation,\\nno more than two thousand dollars for the second violation, and no more\\nthan three thousand dollars for a third or subsequent violation.\\n (b) Any employer, contractor or agent thereof who willfully permits a\\nperson to operate a crane without a certificate of competence issued by\\nthe commissioner of labor as required by section four hundred eighty-two\\nof this article shall be deemed to have violated this article. The\\ncommissioner may impose a civil penalty upon such employer, contractor,\\nor agent of no more than five thousand dollars for the initial\\nviolation, and no more than ten thousand dollars for a second or\\nsubsequent violation.\\n (c) When two final determinations have been rendered under this\\nsection against a person who operates a crane in violation of this\\narticle, such person shall be ineligible to apply for a certificate of\\ncompetence from the commissioner of labor for a period of two years from\\nthe date of the second final determination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "485", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "485", "activeDate" : "2014-09-22", "sequenceNo" : 901, "repealedDate" : null, "fromSection" : "485", "toSection" : "485", "text" : " § 485. Application. 1. Except as otherwise provided in this article,\\nthis article shall not apply to the use or possession of lasers,\\nradioactive material or radiation equipment which are subject to the\\nregulatory powers and jurisdiction of the state department of health or\\nthe health department of the city of New York.\\n 2. a. Sections four hundred eighty-two, four hundred eighty-three and\\nsubdivision one of section four hundred eighty-four of this article\\nshall not apply to an individual operating a crane or acting as a\\nblaster in a city having a population of one million or more.\\n b. No individual shall operate a crane or act as a blaster in a city\\nhaving a population of one million or more without holding a valid\\nlicense or certificate of fitness issued by such city, and such city is\\nhereby authorized and directed to prescribe rules and regulations as\\ndescribed in section four hundred eighty-three of this article.\\n c. No employer, contractor or agent thereof shall knowingly permit any\\nindividual to operate a crane or act as a blaster in a city having a\\npopulation of one million or more unless such individual holds a valid\\nlicense or certificate of fitness issued by such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "486", "title" : "Crane inspectors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "486", "activeDate" : "2014-09-22", "sequenceNo" : 902, "repealedDate" : null, "fromSection" : "486", "toSection" : "486", "text" : " § 486. Crane inspectors. 1. Civil penalty and enforcement.\\nNotwithstanding any other provision of law, where it is proven, after a\\nhearing on the merits, that a crane inspector:\\n a. willfully failed to inspect a crane for which he or she filed an\\ninspection report; or\\n b. willfully falsified an inspection report; or\\n c. willfully made material misstatements or material omissions on an\\ninspection report; or\\n d. willfully accepted a bribe, regardless of its effect on his or her\\nofficial duties;\\n such crane inspector shall be subject to a civil penalty of not less\\nthan one thousand dollars nor more than five thousand dollars for each\\nsuch occurrence or transaction. The attorney general shall have\\njurisdiction to enforce the provisions of this subdivision.\\n 2. Scope. The provisions of this section shall not be deemed to\\nestablish an exclusive remedy, and shall not be deemed to bar the\\nprosecution of criminal charges in addition to any action brought\\npursuant to the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-E", "title" : "Children's Product Safety and Recall Effectiveness Act of 2008", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28-E", "activeDate" : "2014-09-22", "sequenceNo" : 903, "repealedDate" : null, "fromSection" : "490", "toSection" : "490-H", "text" : " ARTICLE 28-E\\n CHILDREN'S PRODUCT SAFETY AND RECALL EFFECTIVENESS ACT OF 2008\\nSection 490. Short title.\\n 490-a. Definitions.\\n 490-b. Manufacturers' requirements to include product safety\\n owner's cards.\\n 490-c. Labeling of children's products and durable juvenile\\n products.\\n 490-d. Product recall or warning requirements.\\n 490-e. Retailer responsibilities.\\n 490-f. Non-retail sales responsibilities.\\n 490-g. Enforcement.\\n 490-h. Promulgation of rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490", "activeDate" : "2014-09-22", "sequenceNo" : 904, "repealedDate" : null, "fromSection" : "490", "toSection" : "490", "text" : " § 490. Short title. This article shall be known and may be cited as\\nthe \"children's product safety and recall effectiveness act of 2008\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-A", "activeDate" : "2014-09-22", "sequenceNo" : 905, "repealedDate" : null, "fromSection" : "490-A", "toSection" : "490-A", "text" : " § 490-a. Definitions. For the purposes of this article, the following\\nterms shall have the following meanings:\\n 1. \"Department\" means the department of state.\\n 2. \"Children's product\" shall mean a toy or other article, other than\\nclothing, primarily intended for use by a child under twelve years of\\nage. The following shall be considered in determining if the toy or\\narticle is intended for a child under twelve years of age:\\n (a) A statement by a manufacturer about the intended use of such toy\\nor article, including a label on such toy or article;\\n (b) The context and manner of the advertising, promotion, and\\nmarketing associated with the toy or article; and\\n (c) Whether the toy or article is commonly recognized by consumers as\\nbeing intended for use by a child under twelve years of age.\\n 3. \"Commercial dealer\" means any person who is in the business of\\nmanufacturing, remanufacturing, retrofitting, distributing, importing,\\nor selling at wholesale children's products in New York state. This\\ndefinition shall not be construed to include retailers.\\n 4. \"Secretary\" means the secretary of state.\\n 5. \"Initial consumer\" means a person who purchases a children's\\nproduct or durable juvenile product for any purpose other than resale.\\n 6. \"Secondhand dealer\" means a person who sells as a primary source of\\nincome reconditioned, remanufactured, refurbished, previously owned, or\\nconsignment items. Such term shall not include the initial consumer or\\nsomeone who purchases a children's product or durable juvenile product\\nprimarily for personal use but who subsequently sells the product.\\n 7. \"Durable juvenile product\" means products intended for use, or that\\nmay be reasonably expected to be used, by children under the age of five\\nyears as defined in subsection (f) of section 104 of the United States\\nConsumer Product Safety Improvement Act of 2008, Pub. L. No. 110-314 or\\nother similar durable juvenile products designed for children under age\\nfive as shall be specified in regulations promulgated by the United\\nStates consumer product safety commission.\\n 8. \"Person\" means a natural person and any entity, including but not\\nlimited to a sole proprietorship, partnership, firm, corporation,\\nlimited liability company, or association, and any employee or agent\\nthereof.\\n 9. \"Product safety owner's card\" means a postage paid registration\\nform that (a) requests the initial consumer to provide prescribed\\ninformation to the manufacturer, and (b) requires the manufacturer\\nprovide certain prescribed information to the initial consumer. All such\\ninformation shall be prescribed by the United States consumer product\\nsafety commission, pursuant to subsection (d) of section 104 of the\\nUnited States Consumer Product Safety Improvement Act of 2008, Pub. L.\\nNo. 110-314 and the United States consumer product safety commission\\nrules promulgated in accordance with such act.\\n 10. \"Recall\" means a request to return a product to the manufacturer\\ndue to a defect in the product.\\n 11. \"Retailer\" means any person who as a business or for-profit\\nventure sells or leases children's products or durable juvenile products\\nfor-profit in New York to initial consumers. Such term shall not include\\n(a) someone who purchased or acquired a product primarily for personal\\nuse and who subsequently resells the product, or (b) any secondhand\\ndealer, as defined in this section.\\n 12. \"Knowledge\" means (a) the receipt of notice or having actual\\nknowledge or (b) the presumed having of knowledge deemed to be possessed\\nby a reasonable person who acts in the circumstances, including\\nknowledge obtainable upon the exercise of due care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-B", "title" : "Manufacturers' requirements to include product safety owner's cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-B", "activeDate" : "2014-09-22", "sequenceNo" : 906, "repealedDate" : null, "fromSection" : "490-B", "toSection" : "490-B", "text" : " § 490-b. Manufacturers' requirements to include product safety owner's\\ncards. 1. Manufacturers of durable juvenile products distributed, sold\\nor made available in New York state shall include a product safety\\nowner's card with all sales to initial consumers of durable juvenile\\nproducts. The manufacturer shall not use or disseminate to any other\\nparty the information collected by the manufacturer for any purpose\\nother than notification to the consumer concerned in the event of a\\nproduct recall or safety alert regarding the product concerned. Within\\nthe product safety owner's card, such manufacturers shall request\\ninitial consumer information as prescribed by the United States consumer\\nproduct safety commission, pursuant to subsection (d) of section 104 of\\nthe United States Consumer Product Safety Improvement Act of 2008, Pub.\\nL. No. 110-314 and the United States consumer product safety commission\\nrules promulgated in accordance with such act, to effectuate the\\nnotification required by this article. The product safety owner's card\\nshall include a statement indicating that the information shall not be\\nused for any purpose other than to facilitate a recall of or safety\\nalert regarding that product.\\n 2. Such manufacturer shall retain for a period of no less than six\\nyears any initial consumer contact information obtained. This\\ninformation shall not be sold, posted, transferred or used for any other\\npurpose other than to communicate information relating to a recall,\\nwarning or defect directly associated with the product.\\n 3. Nothing in this section shall be deemed to compel a consumer to\\ncomplete and return such product safety owner's card.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-C", "title" : "Labeling of children's products and durable juvenile products", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-C", "activeDate" : "2014-09-22", "sequenceNo" : 907, "repealedDate" : null, "fromSection" : "490-C", "toSection" : "490-C", "text" : " § 490-c. Labeling of children's products and durable juvenile\\nproducts. 1. Every manufacturer or importer of a children's product or\\na durable juvenile product sold or distributed in New York state shall\\nlabel such product or its packaging with a label as prescribed by 15 USC\\n2063 and the United States consumer product safety commission rules\\npromulgated in accordance with the United States Consumer Product Safety\\nImprovement Act of 2008.\\n 2. No commercial dealer or retailer shall obscure, in part or in full,\\nany label required under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-D", "title" : "Product recall or warning requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-D", "activeDate" : "2014-09-22", "sequenceNo" : 908, "repealedDate" : null, "fromSection" : "490-D", "toSection" : "490-D", "text" : " § 490-d. Product recall or warning requirements. 1. When a commercial\\ndealer of children's products or durable juvenile products has made\\navailable or placed for sale in this state a children's product or\\ndurable juvenile product for which a recall or warning has been issued,\\nthe commercial dealer must discontinue distribution of any recalled\\nproduct and initiate the following process within twenty-four hours of\\nissuing or receiving the recall or warning from the consumer product\\nsafety commission:\\n (a) Contact in writing any persons to whom it sold or otherwise made\\navailable that particular children's product or durable juvenile product\\nin this state and inform them of the recall or warning. The recall\\nnotice shall direct all such persons to stop the sale or distribution of\\nthe recalled product and provide directions on the disposition of such\\nproduct;\\n (b) If the commercial dealer maintains a website, such dealer must\\nplace on the home page (or the first entry point) of its website a link\\nto recall or warning information that contains the specific recall\\nnotice or warning that was issued for the product in question;\\n (c) Give notice of the recall or warning directly to the initial\\nconsumer, if contact information for such consumer is known; and\\n (d) Provide notification to the department of such recall or warning.\\nAll notices under this subdivision must include in a clear and\\nconspicuous fashion a description of the product, the reason for the\\nrecall or warning, a picture of the product if available, and\\ninstructions on how to return or exchange the recalled product. Such\\nnotice shall include only the product recall or warning information and\\nmay not include sales or marketing information on that product or any\\nother product, excluding return and exchange policies.\\n 2. (a) When a commercial dealer of children's products or durable\\njuvenile products has sold or otherwise made available in this state a\\nchildren's product or durable juvenile product for which a recall has\\nbeen issued, and such commercial dealer receives such products back from\\npurchaser, the commercial dealer shall take actions, consistent with\\ncommonly accepted industry practices and with state and federal\\nenvironmental standards, to ensure that no person shall use the recalled\\nproduct unless and until the defect or other basis for the recall has\\nbeen corrected on such recalled product.\\n (b) The commercial dealer shall provide to the department\\ncertification of disposition for such recalled products within ninety\\ndays after the issuance of the recall, unless upon written application\\nby such dealer the department determines an extension of time is\\nwarranted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-E", "title" : "Retailer responsibilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-E", "activeDate" : "2014-09-22", "sequenceNo" : 909, "repealedDate" : null, "fromSection" : "490-E", "toSection" : "490-E", "text" : " § 490-e. Retailer responsibilities. 1. A retailer shall not sell,\\nlease or otherwise make available a children's product or durable\\njuvenile product that does not contain an appropriate label as provided\\nunder section four hundred ninety-c of this article.\\n 2. When a retailer has knowledge of a commercial dealer or a federal\\nor state agency's notice of a recall or warning regarding a children's\\nproduct or durable juvenile product, and if the retailer currently\\noffers for sale or otherwise makes available or had offered for sale or\\notherwise made available such product, the retailer shall do the\\nfollowing:\\n (a) Within one business day of knowledge of a recall notice, initiate\\na corrective undertaking that includes (i) removing the children's\\nproduct or durable juvenile product from the store shelves and (ii)\\ntaking steps to ensure that such product is not sold or made available,\\nincluding, but not limited to implementing a mechanism or procedure\\nwhich will prevent a recalled product or products from being purchased\\nat a point of sale.\\n (b) Within one business day of knowledge of either a notice of a\\nrecall or a warning:\\n (i) post recall and warning notices conspicuously at the retailer's\\nlocations for a period of at least sixty days; and\\n (ii) if the retailer maintains a website, post on the home page (or\\nthe first entry point) for a period of sixty days a link to recall or\\nwarning information that contains the specific recall or warning notice\\nthat was issued for the product. The information may include only a\\nphotograph or detailed rendering of the product and the product recall\\nor warning information and may not include sales or marketing\\ninformation.\\n (c) Upon knowledge of a recall or warning notice, when contact\\ninformation was provided at the time of purchase and remains available\\nat the time of receipt of the recall or warning notice the retailer\\nshall contact the initial consumer of a durable juvenile product to\\nprovide the recall or warning information. The recall or warning\\ninformation must include a description of the product, the reason for\\nthe recall or warning, and instructions on how to exchange, return for a\\nrefund or otherwise respond to the children's product involved in the\\nrecall or warning. Such notice shall include only the product recall or\\nwarning information and may not include sales or marketing information\\non that product or any other product, other than the pertinent return\\nand exchange policies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-F", "title" : "Non-retail sales responsibilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-F", "activeDate" : "2014-09-22", "sequenceNo" : 910, "repealedDate" : null, "fromSection" : "490-F", "toSection" : "490-F", "text" : " § 490-f. Non-retail sales responsibilities. 1. Any person that acts as\\nan operator or manager of a website that serves as a platform to\\nfacilitate by a competitive bidding process or solely between third\\nparties the resale, sale or distribution of children's products or\\ndurable juvenile products shall conspicuously post on its homepage\\nadvisory language which notifies buyers or sellers of children's\\nproducts or durable juvenile products of the importance of checking\\nrecall lists before engaging in such transactions that incorporates a\\ndirect link to the recall information available at the United States\\nconsumer product safety commission website.\\n 2. Secondhand dealers who sell children's products and/or durable\\nchildren's products shall post a notice instructing consumers on how to\\nobtain recall information and advisory language notifying buyers and\\nsellers of children's products or durable juvenile products of the\\nimportance of checking recall lists before engaging in such\\ntransactions. Such notice shall be prominently posted at the point of\\nsale or at the entrance to the premises where the product is offered for\\nsale.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-G", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-G", "activeDate" : "2014-09-22", "sequenceNo" : 911, "repealedDate" : null, "fromSection" : "490-G", "toSection" : "490-G", "text" : " § 490-g. Enforcement. 1. Where it is determined after a hearing that\\nany person has violated one or more provisions of this article, the\\nsecretary may assess a civil penalty no greater than five thousand\\ndollars for each violation. Any proceeding conducted pursuant to this\\nsection shall be subject to the state administrative procedure act. Upon\\nthe occasion of a second violation or subsequent violations of this\\narticle, a civil penalty no greater than fifty thousand dollars may be\\nassessed.\\n 2. The department shall provide the attorney general any information\\non recalled or unsafe products, complaints regarding recalled or unsafe\\nproducts and violations of this section that are necessary for the\\npurposes of enforcement by the attorney general pursuant to section\\nsixty-three of the executive law.\\n 3. The secretary or his or her designee may administer oaths and take\\naffidavits in relation to any matter or proceeding in the exercise of\\nthe powers and duties under this article. The secretary or his or her\\ndesignee may subpoena and require the attendance of witnesses and the\\nproduction of books, papers, contracts and any other documents\\npertaining to any investigation or hearing conducted pursuant to this\\narticle.\\n 4. If any person refuses to comply with a subpoena issued under this\\nsection, the department may petition a court of competent jurisdiction\\nto enforce the subpoena and such sanctions as the court may direct.\\n 5. Nothing in this section shall be construed to restrict any right\\nwhich any person may have under any other statute or at common law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "490-H", "title" : "Promulgation of rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490-H", "activeDate" : "2014-09-22", "sequenceNo" : 912, "repealedDate" : null, "fromSection" : "490-H", "toSection" : "490-H", "text" : " § 490-h. Promulgation of rules and regulations. The department shall\\npromulgate rules and regulations to administer this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A28-F", "title" : "Crohn's and Colitis Fairness Act", "docType" : "ARTICLE", "publishedDates" : [ "2018-04-27", "2020-10-16" ], "docLevelId" : "28-F", "activeDate" : "2020-10-16", "sequenceNo" : 913, "repealedDate" : null, "fromSection" : "491", "toSection" : "494", "text" : " ARTICLE 28-F\\n CROHN'S AND COLITIS FAIRNESS ACT\\nSection 491. Definition.\\n 492. Access to restroom facilities.\\n 493. Required changes.\\n 494. Denial of access.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "491", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2018-04-27" ], "docLevelId" : "491", "activeDate" : "2018-04-27", "sequenceNo" : 914, "repealedDate" : null, "fromSection" : "491", "toSection" : "491", "text" : " § 491. Definition. As used in this article, \"eligible medical\\ncondition\" means Crohn's disease, ulcerative colitis, any other\\ninflammatory bowel disease, irritable bowel syndrome or any other\\nmedical condition that requires immediate access to a toilet facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "492", "title" : "Access to restroom facilities", "docType" : "SECTION", "publishedDates" : [ "2018-04-27", "2021-02-19", "2021-06-04", "2021-06-11" ], "docLevelId" : "492", "activeDate" : "2021-06-04", "sequenceNo" : 915, "repealedDate" : null, "fromSection" : "492", "toSection" : "492", "text" : " § 492. Access to restroom facilities. 1. A place of business open to\\nthe general public for the sale of goods or services that has a toilet\\nfacility for its employees shall allow any individual who is lawfully on\\nthe premises of such place of business to use that toilet facility\\nduring normal business hours, even if the place of business does not\\nnormally make the employee toilet facility available to the public,\\nprovided that all of the following conditions are met:\\n (a) the individual requesting the use of the employee toilet facility\\nhas an eligible medical condition or utilizes an ostomy device, provided\\nthat the place of business may require the individual to present\\nreasonable evidence that the individual has an eligible medical\\ncondition or uses an ostomy device;\\n (b) two or more employees of the place of business are working at the\\ntime the individual requests use of the employee toilet facility;\\n (c) the employee toilet facility is not located in an area where\\nproviding access would create an obvious health or safety risk to the\\nrequesting individual or create an obvious security risk to the place of\\nbusiness;\\n (d) use of the toilet facility would not create an obvious health or\\nsafety risk to the requesting individual; and\\n (e) a public restroom is not immediately accessible to the requesting\\nindividual.\\n 2. Reasonable evidence that an individual has an eligible medical\\ncondition or uses an ostomy device shall include, but not be limited to,\\nat the option of the individual:\\n (a) a signed statement by a physician, nurse practitioner, or\\nphysician assistant licensed under title eight of the education law, on\\na form that has been developed by the department of health under\\nsubdivision three of this section; or\\n (b) an identification card that is issued by a nonprofit organization\\nwhose purpose includes serving individuals who suffer from an eligible\\nmedical condition.\\n 3. The department of health shall develop a standard electronic form\\nthat may be signed by a health care provider as evidence of the\\nexistence of an eligible medical condition. The form shall be posted on\\nthe department's website in a printable format and include the following\\ninformation:\\n (a) space for the form bearer's name;\\n (b) space for the form bearer's address;\\n (c) space for the form bearer's date of birth;\\n (d) space for the health care provider's name, signature, and\\nstatement as provided in subparagraph (ii) of paragraph (e) of this\\nsubdivision;\\n (e) the following statements:\\n (i) \"MEDICAL ALERT: RESTROOM ACCESS REQUIRED\";\\n (ii) \"The holder of this form suffers from Crohn's disease, ulcerative\\ncolitis, other inflammatory bowel disease, irritable bowel syndrome, or\\nanother medical condition that requires immediate access to a toilet\\nfacility.\"\\n (iii) \"Complaints regarding enforcement should be directed to the\\nstate consumer protection division, or the county, city, or town office\\nof consumer protection as applicable\"; and\\n (f) a reference to the Crohn's and colitis fairness act under this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "493", "title" : "Required changes", "docType" : "SECTION", "publishedDates" : [ "2018-04-27" ], "docLevelId" : "493", "activeDate" : "2018-04-27", "sequenceNo" : 916, "repealedDate" : null, "fromSection" : "493", "toSection" : "493", "text" : " § 493. Required changes. Nothing in section four hundred ninety-two of\\nthis article shall be construed as requiring a place of business open to\\nthe general public for the sale of goods or services that has a toilet\\nfacility for its employees to make any physical changes to an employee\\ntoilet facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "494", "title" : "Denial of access", "docType" : "SECTION", "publishedDates" : [ "2020-10-16" ], "docLevelId" : "494", "activeDate" : "2020-10-16", "sequenceNo" : 917, "repealedDate" : null, "fromSection" : "494", "toSection" : "494", "text" : " § 494. Denial of access. 1. The consumer protection division, as\\nestablished in section ninety-four-a of the executive law, shall have\\nthe power and duty:\\n (a) to receive complaints from any individual that has been denied\\naccess to an employee toilet facility in violation of this article;\\n (b) to attempt to mediate such complaints where appropriate; and\\n (c) to refer such complaints to the appropriate unit of the department\\nor the federal, state or other agency authorized by law for appropriate\\naction on such complaints.\\n 2. Any county, city or town office of consumer protection shall have\\nthe power and duty:\\n (a) to receive complaints from any individual that has been denied\\naccess to an employee toilet facility in violation of this article;\\n (b) to attempt to mediate such complaints where appropriate; and\\n (c) to refer such complaints to the appropriate unit of the department\\nor the federal, state or other agency authorized by law for appropriate\\naction on such complaints.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29", "title" : "Manufacture, Sale and Introduction or Movement In Commerce of Flammable Wearing Apparel, Fabrics, Related Material and Interior Furnishings Prohibited", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29", "activeDate" : "2014-09-22", "sequenceNo" : 918, "repealedDate" : null, "fromSection" : "500", "toSection" : "509", "text" : " ARTICLE 29\\n MANUFACTURE, SALE AND INTRODUCTION OR MOVEMENT\\n IN COMMERCE OF FLAMMABLE WEARING APPAREL, FABRICS,\\n RELATED MATERIAL AND INTERIOR FURNISHINGS PROHIBITED\\nSection 500. Definitions.\\n 501. Prohibitions.\\n 502. Standards of flammability.\\n 503. Administration.\\n 504. Enforcement.\\n 505. Guaranty.\\n 506. Exclusions.\\n 507. Violations.\\n 508. Fees.\\n 509. Interpretation and separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "500", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "500", "activeDate" : "2014-09-22", "sequenceNo" : 919, "repealedDate" : null, "fromSection" : "500", "toSection" : "500", "text" : " § 500. Definitions. As used in this article,\\n 1. \"Person\" means an individual, partnership, corporation,\\nassociation, or any other form of business enterprise.\\n 2. \"Article of wearing apparel\" means any costume or article of\\nclothing worn or intended to be worn by individuals.\\n 3. \"Interior furnishing\" means any type of furnishing made in whole or\\nin part of fabric or related material and intended for use or which may\\nreasonably be expected to be used in homes, offices, or other places of\\nassembly or accommodation.\\n 3-a. \"Portable temporary shelter\" shall include but shall not be\\nlimited to, any type of tent, fold-out or pop-up camping or tent\\ntrailer, recreational vehicle awning or add-on room or shelter, or\\nscreen house made in whole, or in part of fabric or related material.\\n 4. \"Fabric\" means any material (except fiber, filament, or yarn for\\nother than retail sale) woven, knitted, felted, or otherwise produced\\nfrom or in combination with any natural or synthetic fiber, film, or\\nsubstitute therefor which is intended for use or which may reasonably be\\nexpected to be used in any product as defined in subdivision six of this\\nsection.\\n 5. \"Related material\" means paper, plastic, rubber, synthetic film, or\\nsynthetic foam which is intended for use or which may reasonably be\\nexpected to be used in any product as defined in subdivision six of this\\nsection.\\n 6. \"Product\" means any article of wearing apparel, interior\\nfurnishing, sleeping bag, or portable temporary shelter.\\n 7. \"Department\" means the department of labor.\\n 8. \"Commissioner\" means the \"industrial commissioner\" of the state of\\nNew York.\\n 9. \"Manufacture\" means \"making,\" or \"made\" and includes converting,\\nprocessing, altering, repairing, finishing, or preparing for sale any\\nproduct, fabric or related material.\\n 10. \"Sale,\" \"sell\" or \"sold,\" includes offering or exposing for sale\\nor exchange or hire or lease, or consigning or delivering in consignment\\nfor sale, exchange, hire or lease or holding in possession with like\\nintent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "501", "title" : "Prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "501", "activeDate" : "2014-09-22", "sequenceNo" : 920, "repealedDate" : null, "fromSection" : "501", "toSection" : "501", "text" : " § 501. Prohibitions. The manufacture and/or sale, or offering for\\nsale, or the introduction, delivery for introduction, transportation or\\ncausing to be transported in commerce or for the purpose of sale or\\ndelivery after sale in commerce, of any product, fabric or related\\nmaterial which under the provisions of section five hundred two of this\\narticle is so highly flammable as to be dangerous when worn or used by\\nindividuals, shall be unlawful.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "502", "title" : "Standards of flammability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "502", "activeDate" : "2014-09-22", "sequenceNo" : 921, "repealedDate" : null, "fromSection" : "502", "toSection" : "502", "text" : " § 502. Standards of flammability. Any product, fabric or related\\nmaterial shall be deemed so highly flammable within the meaning of\\nsection five hundred one of this article, when it fails to conform to a\\nstandard or regulation promulgated by the commissioner, and to an\\napplicable standard or regulation issued or amended under the provisions\\nof section four of the federal \"Flammable Fabric Act\" as promulgated by\\nthe Federal consumer product safety commission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "503", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "503", "activeDate" : "2014-09-22", "sequenceNo" : 922, "repealedDate" : null, "fromSection" : "503", "toSection" : "503", "text" : " § 503. Administration. 1. The commissioner is hereby authorized and\\ndirected to prescribe such rules and regulations, including provisions\\nfor maintenance of records relating to products, fabrics or related\\nmaterials, and for the labeling for a product, fabric or related\\nmaterial, as may be necessary and proper for purposes of administration\\nand enforcement of this article.\\n 2. The commissioner is hereby authorized and directed to promulgate\\nthe standards of flammability and shall include such standards of\\nflammability in such rules and regulations which he may publish.\\n 3. Such standards, rules and regulations, promulgated by the\\ncommissioner pursuant to this article, shall be filed in the office of\\nthe secretary of state before becoming effective and may be amended and\\nrevised from time to time. Each such standard, rule or regulation or\\namendment thereto shall become effective twelve months from the date on\\nwhich such standard, rule, regulation or amendment is promulgated,\\nunless the commissioner finds for good cause shown that an earlier or\\nlater effective date is in the public interest and publishes the reason\\nfor such finding. Each such standard, rule or regulation or amendment\\nthereto shall exempt products, fabrics or related materials in inventory\\nor with the trade as of the date on which the standard, rule or\\nregulation or amendment thereto becomes effective except that if the\\ncommissioner finds that any such product, fabric or related material is\\nso highly flammable as to be dangerous when used by consumers for the\\npurpose for which it is intended, he may under such conditions as the\\ncommissioner may prescribe, withdraw, or limit the exemptions for such\\nproduct, fabric or related material.\\n 4. The commissioner is authorized to cooperate on matters related to\\nthe purposes of this article with any department or agency of the\\nfederal, state or municipal government; with any state, territory or\\npossession of the United States or with the District of Columbia; or\\nwith any department, agency or political subdivision thereof; or with\\nany person.\\n 5. The commissioner may obtain from any person by regulation or\\nsubpoena issued pursuant thereto such information in the form of\\ntestimony, books, records, or other writings as is pertinent to the\\nfindings or determinations which he is required or authorized to make\\npursuant to this article.\\n All information reported to or otherwise obtained by the commissioner\\nor his representative pursuant to this subdivision which information\\ncontains or relates to a trade secret shall be considered confidential,\\nexcept that such information may be disclosed to other officers or\\nemployees concerned with carrying out this article or when relevant in\\nany proceeding under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "504", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "504", "activeDate" : "2014-09-22", "sequenceNo" : 923, "repealedDate" : null, "fromSection" : "504", "toSection" : "504", "text" : " § 504. Enforcement. 1. Every place where products, fabrics or related\\nmaterials are manufactured or sold shall be subject to inspection by the\\ncommissioner who shall have power to inspect the manufacture and sale or\\ndelivery of all products, fabrics or related materials covered by this\\narticle. The commissioner shall have power to cause examinations and\\ntests to be made thereof and power to place off sale and to seize and\\nhold for evidence any product, fabric or related material which he has\\nreason to believe is made or sold or held in possession in violation of\\nthis article. For the purpose of administering and enforcing the\\nprovisions of this article the commissioner shall have and may use the\\npowers conferred on him by the labor law in addition to the powers\\nconferred herein. No person shall interfere with, obstruct or otherwise\\nhinder any inspector, officer or employee of the department in the\\nperformance of his duties.\\n 2. No person shall sell, alter, interfere with or remove in whole or\\nin part any product, fabric or related material which has been placed\\noff sale nor shall such product, fabric or related material be removed\\nfrom the premises where placed off sale or seized until such product,\\nfabric or related material is released by the commissioner. All\\nproducts, fabrics or related materials placed off sale or seized shall\\nbe subject to frequent examination by inspectors of the department and\\nmust be so placed and stored as to be readily accessible at all times\\nand shall be produced for examination upon demand of any inspector made\\nupon the person or persons in charge of the establishment or premises\\nwhere such products, fabrics or related materials were placed off sale\\nor were seized.\\n 3. Whenever the department ascertains that any product, fabric or\\nrelated material has been manufactured or has been offered for sale in\\nviolation of the provisions of this article, proceedings for the\\nconfiscation of such product, fabric or related material may be\\ninstituted by the commissioner in the supreme court in the county\\nwherein such product, fabric or related material may be found.\\n 4. If the court shall find that such product, fabric or related\\nmaterial does not comply with the standards established by this article\\nand the rules and regulations promulgated hereunder it shall be disposed\\nof by destruction or by delivery to the owner or claimant thereof upon\\npayment of legal costs and charges and upon execution of good and\\nsufficient bond that such product, fabric or related material will not\\nbe disposed of for wear or use until properly and adequately treated or\\nprocessed so that it shall comply with the provisions of this article\\nand the rules and regulations promulgated pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "505", "title" : "Guaranty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "505", "activeDate" : "2014-09-22", "sequenceNo" : 924, "repealedDate" : null, "fromSection" : "505", "toSection" : "505", "text" : " § 505. Guaranty. 1. No person shall be subject to prosecution under\\nsection five hundred one of this article if such person (1) establishes\\na guaranty received in good faith signed by and containing the name and\\naddress of the person residing in the United States by whom the product,\\nfabric or related material guaranteed was manufactured or from whom it\\nwas received, to the effect that reasonable and representative tests\\nmade under the procedures provided in section five hundred two of this\\narticle show that the product, fabric or related material covered by the\\nguaranty, or used in the product, fabric or related material covered by\\nthe guaranty, is not, under the provisions of section five hundred two\\nof this article, so highly flammable as to be dangerous when worn or\\nused by individuals, and (2) has not, by further processing, affected\\nthe flammability of the product, fabric or related material covered by\\nthe guaranty which he received. Such guaranty shall be either (a) a\\nseparate guaranty specifically designating the product, fabric or\\nrelated material guaranteed, in which case it may be on the invoice or\\nother paper relating to such product, fabric or related material; or (b)\\na continuing guaranty filed with the department or with the federal\\ntrade commission applicable to any product, fabric or related material\\nhandled by a guarantor, in such form as the department or the federal\\ntrade commission by rules or regulations may prescribe; or (c) a\\ncontinuing guaranty given by seller to buyer applicable to any product,\\nfabric or related material sold or to be sold to buyer by seller in a\\nform as the department or the federal trade commission by rules or\\nregulations may prescribe.\\n 2. The furnishing with respect to any product, fabric or related\\nmaterial, of a false guaranty, except by a person relying upon a\\nguaranty to the same effect received in good faith and signed by and\\ncontaining the name and address of the person residing in the United\\nStates by whom the product, fabric or related material guaranteed was\\nmanufactured or from whom it was received, with reason to believe the\\nproduct, fabric or related material falsely guaranteed may be\\nintroduced, sold or transported in commerce, is unlawful.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "506", "title" : "Exclusions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "506", "activeDate" : "2014-09-22", "sequenceNo" : 925, "repealedDate" : null, "fromSection" : "506", "toSection" : "506", "text" : " § 506. Exclusions. The provisions of this article shall not apply:\\n 1. to any common carrier, contract carrier or freight forwarder with\\nrespect to a product, fabric or related material shipped or delivered\\nfor shipment into commerce in the ordinary course of its business; or\\n 2. to any person manufacturing, delivering for shipment, shipping,\\nselling, or offering for sale for export from the state to any foreign\\ncounty a product, fabric or related material made in accordance with the\\nspecifications of the purchaser; or\\n 3. to any convertor, processor, or finisher in performing a contract\\nor commission service for the account of a person subject to the\\nprovisions of this article provided that such convertor, processor, or\\nfinisher does not cause any product, fabric or related material to\\nbecome subject to this article contrary to the terms of the contract or\\ncommission service; or\\n 4. to any product, fabric or related material shipped or delivered for\\nshipment into commerce for the purpose of finishing or processing to\\nrender such product, fabric or related material not so highly flammable\\nunder the provisions of section five hundred two of this article as to\\nbe dangerous when worn or used by individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "507", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "507", "activeDate" : "2014-09-22", "sequenceNo" : 926, "repealedDate" : null, "fromSection" : "507", "toSection" : "507", "text" : " § 507. Violations. A violation of any provision of this article or any\\nrule or regulation of the commissioner promulgated hereunder is a\\nmisdemeanor. Each product, fabric or related material made, sold or\\nexposed for sale, shall constitute a separate violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "508", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "508", "activeDate" : "2014-09-22", "sequenceNo" : 927, "repealedDate" : null, "fromSection" : "508", "toSection" : "508", "text" : " § 508. Fees. All court costs, fines and penalties derived from the\\noperation of this article shall be paid into the state treasury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "509", "title" : "Interpretation and separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "509", "activeDate" : "2014-09-22", "sequenceNo" : 928, "repealedDate" : null, "fromSection" : "509", "toSection" : "509", "text" : " § 509. Interpretation and separability. The provisions of this article\\nshall be held to be in addition to, and not in substitution for or\\nlimitation of, the provisions of any other law of this state. If any\\nprovision of this article or the application thereof to any person or\\ncircumstances is held invalid the remainder of the article and the\\napplication of such provision to any other person or circumstance shall\\nnot be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-A", "title" : "Unauthorized or Improper Use of Credit Cards and Debit Cards", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-17", "2023-12-15", "2024-05-03" ], "docLevelId" : "29-A", "activeDate" : "2014-09-22", "sequenceNo" : 929, "repealedDate" : null, "fromSection" : "511", "toSection" : "520-D", "text" : " ARTICLE 29-A\\n UNAUTHORIZED OR IMPROPER USE\\n OF CREDIT CARDS AND DEBIT CARDS\\nSection 511. Definitions.\\n 511-a. Additional definition.\\n 512. Limitation of liability for unauthorized use of a credit\\n card or debit card.\\n 513. Injunctive relief.\\n 514. Defenses.\\n 515. Issuance of credit cards.\\n 516. Improper use of credit cards or debit cards; defense of\\n lawful detention.\\n 517. Statements of account.\\n 518. Credit card surcharge prohibited.\\n 518-a. Presentment of social security number as condition for\\n accepting a check, traveler's check, gift certificate,\\n money order or other negotiable instrument in payment\\n of sales transaction prohibited.\\n 519. Disclosure by commercial establishments honoring credit\\n cards.\\n 520. Application forms or solicitation for credit cards.\\n 520-a. Certain credit and debit card transaction forms required.\\n 520-b. Secured credit cards.\\n 520-c. Credit information.\\n 520-d. Unsolicited convenience checks.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "511", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "511", "activeDate" : "2014-09-22", "sequenceNo" : 930, "repealedDate" : null, "fromSection" : "511", "toSection" : "511", "text" : " § 511. Definitions. In this article, unless the context or subject\\nmatter otherwise requires:\\n 1. \"Credit card\" means and includes any credit card, credit plate,\\ncharge plate, courtesy card, or other identification card or device\\nissued by a person to another person which may be used to obtain a cash\\nadvance or a loan or credit or to purchase or lease property or services\\non the credit of the issuer or of the holder;\\n 2. \"Person\" includes an individual, corporation, partnership or\\nassociation, two or more persons having a joint or common interest or\\nany other legal or commercial entity;\\n 3. \"Issuer\" means a person who issues a credit card or a debit card;\\n 4. \"Holder\" means a person to whom such a credit card or debit card is\\nissued or who has agreed with the issuer to pay obligations arising from\\nthe use of a credit card or debit card issued to another person;\\n 5. \"Unauthorized use\" means use of a credit card or a debit card by a\\nperson other than the holder who does not have actual, implied or\\napparent authority from the holder for such use and from which use the\\nholder receives no benefit;\\n 6. \"Seller\" means any person who honors credit cards or debit cards\\nwhich may be used to purchase or lease property or services;\\n 7. \"Lender\" means any person who honors credit cards which may be used\\nto obtain a cash advance or loan.\\n 8. \"Improper use\" means unauthorized use of a credit card or a debit\\ncard or use of a revoked, cancelled, expired or forged credit card or\\ndebit card at the premises of a seller or lender, to obtain a cash\\nadvance or loan, or to purchase or lease property or services, or an\\nattempt to do so;\\n 9. \"Debit card\" means a card, plate or other similar device issued by\\na person to another person which may be used, without a personal\\nidentification number, code or similar identification number, code or\\nsimilar identification, to purchase or lease property or services. The\\nterm does not include a credit card or a check, draft or similar\\ninstrument.\\n 10. \"Secured credit card\" means any credit card for which an issuer\\ntakes a pledge of a specifically identified interest-bearing deposit\\naccount as provided in section four hundred thirteen of the personal\\nproperty law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "511-A", "title" : "Additional definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "511-A", "activeDate" : "2014-09-22", "sequenceNo" : 931, "repealedDate" : null, "fromSection" : "511-A", "toSection" : "511-A", "text" : " § 511-a. Additional definition. For purposes of this article \"credit\\ncard\" shall also mean any number assigned to a credit card.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "512", "title" : "Limitation of liability for unauthorized use of a credit card or a debit card", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "512", "activeDate" : "2014-09-22", "sequenceNo" : 932, "repealedDate" : null, "fromSection" : "512", "toSection" : "512", "text" : " § 512. Limitation of liability for unauthorized use of a credit card\\nor a debit card. A provision which imposes liability upon a holder for a\\ncash advance or loan or for the purchase or lease of property or\\nservices obtained by the unauthorized use of a credit card or a debit\\ncard shall not be enforceable to the extent that it imposes a greater\\nliability upon the holder than is imposed upon the holder of a credit\\ncard under the provisions of the act of congress entitled \"Truth in\\nLending Act\" and the regulations thereunder, as such act and regulations\\nmay from time to time be amended.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "513", "title" : "Injunctive relief", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "513", "activeDate" : "2014-09-22", "sequenceNo" : 933, "repealedDate" : null, "fromSection" : "513", "toSection" : "513", "text" : " § 513. Injunctive relief. Whenever the attorney general has reason to\\nbelieve that any violation of this article is a continuous practice, he\\nmay apply to the supreme court in any county wherein any such violation\\noccurred for the purpose of restraining and enjoining the continuance of\\nsuch violations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "514", "title" : "Defenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "514", "activeDate" : "2014-09-22", "sequenceNo" : 934, "repealedDate" : null, "fromSection" : "514", "toSection" : "514", "text" : " § 514. Defenses. 1. In any action for a cash advance or loan or for\\nthe purchase or lease of property or services through the use of a\\ncredit card or a debit card, it shall be a defense that such obligation\\n (a) arose out of the unauthorized use of a credit card or a debit card\\nwhich was not delivered to the holder; or\\n (b) arose subsequent to the giving of notice by the holder to the\\nissuer of the unauthorized use, loss or theft, of such credit card or\\ndebit card; or\\n (c) is in excess of the limitation of liability for the unauthorized\\nuse of a credit card provided in the act of congress entitled \"Truth in\\nLending Act\" and the regulations thereunder, as such act and regulations\\nmay from time to time be amended.\\n 2. If any of the defenses set forth in subdivision one of this section\\nbe established, the court shall order the issuer to pay the reasonable\\nattorney's fees incurred in the defense of the action if the court finds\\n (a) that the holder has cooperated with the issuer in determining the\\nfacts and circumstances relating to such unauthorized use, loss or\\ntheft, of the credit card or debit card; and\\n (b) that notwithstanding such cooperation with the issuer, the issuer\\nhas brought the action without reasonable cause.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "515", "title" : "Issuance of credit cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "515", "activeDate" : "2014-09-22", "sequenceNo" : 935, "repealedDate" : null, "fromSection" : "515", "toSection" : "515", "text" : " § 515. Issuance of credit cards. 1. Notwithstanding any other\\nprovision of law, no person shall issue a credit card in violation of\\nthe provisions of an act of congress entitled \"Truth in Lending Act\" and\\nthe regulations thereunder, as such act and regulations may from time to\\ntime be amended.\\n 2. The issuance of a credit card in violation of the provisions of\\nsubdivision one of this section shall constitute a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "516", "title" : "Improper use of credit cards or debit cards; defense of lawful detention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "516", "activeDate" : "2014-09-22", "sequenceNo" : 936, "repealedDate" : null, "fromSection" : "516", "toSection" : "516", "text" : " § 516. Improper use of credit cards or debit cards; defense of lawful\\ndetention. In any action for false arrest, false imprisonment, unlawful\\ndetention, defamation of character, assault, trespass, or invasion of\\ncivil rights, brought by any person by reason of having been detained on\\nor in the immediate vicinity of the premises of a seller, lender or\\nissuer, for the purpose of investigation or questioning as to the\\nownership, possession, validity or use of a credit card or debit card,\\nit shall be a defense to such action that the person was detained in a\\nreasonable manner and for not more than a reasonable time to permit such\\ninvestigation or questioning by a peace officer, acting pursuant to his\\nspecial duties, or a police officer, or by a person acting on behalf of\\nor by such seller, lender or issuer, and that such officer, person,\\nseller, lender or issuer had reasonable grounds to believe that the\\nperson so detained was using or attempting to use a stolen or forged\\ncredit card or debit card or was making or attempting to make unlawful\\nuse of a credit card or debit card. As used in this section, \"reasonable\\ngrounds\" shall include, but not be limited to, knowledge that the credit\\ncard or debit card has been, or has been reported to be, lost, stolen,\\nrevoked, cancelled, or forged and knowledge that the person had used or\\nattempted to use the credit card or debit card to purchase or lease\\nproperty or services or to obtain a cash advance, and a \"reasonable\\ntime\" shall mean the time necessary to permit the person detained to\\nmake a statement or to refuse to make a statement, and the time\\nnecessary to examine employees and records of the seller, lender, issuer\\nor holder relative to whether improper use was being made of the card.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "517", "title" : "Statements of account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "517", "activeDate" : "2014-09-22", "sequenceNo" : 937, "repealedDate" : null, "fromSection" : "517", "toSection" : "517", "text" : " § 517. Statements of account. No agreement between the issuer and the\\nholder shall contain any provision that a statement sent by the issuer\\nto the holder shall be deemed correct unless objected to within a\\nspecified period of time. Any such provision is against public policy\\nand shall be of no force or effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "518", "title" : "Credit card surcharge prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-15", "2024-02-16" ], "docLevelId" : "518", "activeDate" : "2014-09-22", "sequenceNo" : 938, "repealedDate" : null, "fromSection" : "518", "toSection" : "518", "text" : " § 518. Credit card surcharge prohibited. No seller in any sales\\ntransaction may impose a surcharge on a holder who elects to use a\\ncredit card in lieu of payment by cash, check, or similar means.\\n Any seller who violates the provisions of this section shall be guilty\\nof a misdemeanor punishable by a fine not to exceed five hundred dollars\\nor a term of imprisonment up to one year, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "518-A", "title" : "Presentment of social security number as condition for accepting a check, traveler's check, gift certificate, money order or other negoti...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "518-A", "activeDate" : "2014-09-22", "sequenceNo" : 939, "repealedDate" : null, "fromSection" : "518-A", "toSection" : "518-A", "text" : " § 518-a. Presentment of social security number as condition for\\naccepting a check, traveler's check, gift certificate, money order or\\nother negotiable instrument in payment of sales transaction prohibited.\\n1. No seller in any sales transaction shall record on a check,\\ntraveler's check, gift certificate, money order, other negotiable\\ninstrument or attachment thereto, a social security number of a buyer in\\nsuch transaction as a condition for accepting such instrument as payment\\nin such transaction. Nothing contained in this subdivision shall\\nprohibit a seller from so recording the identifying number from a\\nbuyer's driver's license where such number is identical to or is a part\\nof the buyer's social security number.\\n 2. A violation of the provisions of this section shall be punishable\\nby a civil fine not to exceed one hundred dollars for a first violation\\nand not to exceed two hundred fifty dollars for subsequent violations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "519", "title" : "Disclosure by commercial establishments honoring credit cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "519", "activeDate" : "2014-09-22", "sequenceNo" : 940, "repealedDate" : null, "fromSection" : "519", "toSection" : "519", "text" : " § 519. Disclosure by commercial establishments honoring credit cards.\\n1. Any person who honors credit cards that may be used to purchase or\\nlease property on the credit of the issuer or of the holder and requires\\na minimum purchase before accepting credit cards or refuses to allow the\\nuse of such card on discounted or sale items must post such limitations\\nor conditions conspicuously and in all advertisements that mention that\\ncredit cards are accepted. The disclosure provisions with respect to\\nthese requirements shall be satisfied if the retail installment credit\\nagreement discloses the fact that the use of the credit card requires a\\nminimum purchase or shall not be used to purchase sale items, or if the\\nissuer of the credit card notifies the holder in writing that the use of\\nthe card requires a minimum purchase or that the card shall not be used\\nto purchase sale items. This section shall not apply to minimum purchase\\nrequirements or other restrictions which are applicable regardless of\\nthe method of payment.\\n 2. Any person violating the provisions of this section shall be\\nsubject to a civil fine of not more than one hundred dollars on the\\nfirst violation and not more than two hundred fifty dollars on the\\nsecond and all subsequent violations.\\n 3. This section does not annul, alter, affect or exempt any person\\nsubject to the provisions of this section from complying with the laws,\\nordinances, rules or regulations of any locality relating to disclosure\\nof limitations and conditions of credit card purchases, except to the\\nextent that those local laws, ordinances, rules or regulations are\\ninconsistent with any provision of this section and then only to the\\nextent of the inconsistency. However, any local law, ordinance, rule or\\nregulation shall not be considered inconsistent with any provision of\\nthis section if such local law, ordinance, rule or regulation gives\\ngreater protection to the consumer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "520", "title" : "Application forms or solicitation for credit cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520", "activeDate" : "2014-09-22", "sequenceNo" : 941, "repealedDate" : null, "fromSection" : "520", "toSection" : "520", "text" : " § 520. Application forms or solicitation for credit cards. Any\\napplication form or preapproved written solicitation to enter into a\\ncredit card agreement for personal, family, or household purposes which\\nis mailed to an individual residing in this state on or after January\\nfirst, nineteen hundred eighty-eight, by or on behalf of a issuer,\\nwhether or not the issuer is located in this state, other than an\\napplication form or solicitation included in a magazine, newspaper, or\\nother publication distributed by someone other than the issuer, and, any\\napplication primarily for a credit card to be used for personal, family\\nor household purposes which is distributed or made available in this\\nstate to a resident of this state on or after January first, nineteen\\nhundred eighty-eight in an office or other place of business owned or\\noperated by the issuer, shall contain the following disclosures in chart\\nform and shall put chart headings in bold face type of at least ten\\npoint in size and material inside the chart of at least eight point type\\nin size. Such chart shall use substantially the same format and\\nterminology shown below. In completing the chart with the information\\nrequired for each category, the guidelines hereinafter contained in the\\ncorresponding subdivisions numbered one through four shall be utilized:\\n_________________________________________________________________________\\n1 | | | |Cash Advance |\\n2 | Variable | | |Fee, Trans- |\\n3 Annual | Rate Index | Annualized | Grace | action Fee, |\\n4 Percentage | and | Membership | Period for |Late Fee, and|\\n5 Rate (1) | Spread (1a) | Fee (2) |Purchases (3)| Over-the- |\\n6 | | | |Limit Fees(4)|\\n7 | | | | |\\n_________________________________________________________________________\\n8 | | | | |\\n9 | | | | |\\n0 | | | | |\\n1 | | | | |\\n2 | | | | |\\n3 | | | | |\\n4 | | | | |\\n_________________________________________________________________________\\n (1) and (1a) Any periodic rate or rates that may be applied, shall be\\nexpressed as an annual percentage rate or rates. If the credit card\\nagreement provides for a variable rate, the issuer shall disclose the\\nrate as of a specific date and identify the index and any amount or\\npercentage added to, or subtracted from, that index. For purposes of\\nthis category, that amount of percentage shall be referred to as the\\n\"spread\". If a fixed rate is to be applied, the issuer shall indicate\\n\"No\" or \"None\" or \"Does not apply\" in category (1-a) and further the\\nissuer may elect to disclose a rate as of a specified date.\\n (2) Any membership or participation fee that may be imposed for\\navailability of a credit agreement, shall be expressed as an annualized\\namount. If no such fee will be imposed, issuer shall indicate \"No\" or\\n\"None\" or \"Does not apply\".\\n (3) If the issuer provides a period during which the holder may repay\\nthe full balance reflected on a monthly statement which is attributable\\nto purchases of goods and services without the imposition of a service\\ncharge, the issuer shall either disclose the number of days of that\\nperiod, calculated from the closing date of the prior billing period to\\nthe date designated in the monthly statement sent to the holder as the\\ndate by which that payment must be received to avoid additional service\\nor other charges, or describe the manner in which the period is\\ncalculated. For purposes of this category, the period shall be referred\\nto as the \"grace period\". If the issuer does not provide such a period,\\nthe disclosure shall so indicate. The issuer may, at its option, and\\nwithout disclosure impose no service or other charge where payment is\\nreceived after the expiration of the grace period.\\n (4) Any cash advance fee, per transaction fee, late fee or\\nover-the-limit fee that may be imposed shall be expressed as an amount\\nor as a percentage of the transaction, as applicable. If no such fee\\nwill be imposed, the issuer shall indicate \"No\" or \"None\" or \"Does not\\napply\".\\n (5) (a) Nothing in this section shall be deemed or construed to\\nprohibit an issuer from disclosing additional terms, conditions, or\\ninformation, whether or not relating to the disclosures required under\\nthis section, in conjunction with the disclosures required by this\\nsection.\\n (b) All application forms for a credit card agreement, including\\nthose in a magazine, newspaper, or other publication, distributed by\\nsomeone other than the issuer in this state on or after January first,\\nnineteen hundred eighty-eight shall contain a statement in substantially\\nthe following form:\\n \"If you wish to receive disclosure of the terms of this credit card,\\ncheck here and return to the address on this application\".\\n A box shall be printed in or next to this statement for placement of\\nsuch a check mark.\\n However, this requirement does not apply if the application contains\\nthe disclosures provided for in subdivisions one through four of this\\nsection.\\n (6) For purposes of this section, \"Regulation Z\" and all of the terms\\nused in this section shall have the same meaning as attributed to them\\nin Federal Regulation Z (12 C.F.R. Sec.226.1 et seq.).\\n (7) This section shall not apply to any application form or written\\nadvertisement where the credit to be extended will be secured by a lien\\non real property or a lien on an existing ownership interest in\\ncertificates of stock or other evidences of an ownership interest in a\\nproprietary lease from a corporation or partnership formed for the\\npurpose of the co-operative ownership of real estate.\\n (8) If an issuer is required under federal law to make any disclosure\\nof the terms applicable to a credit card plan or account under this\\nsection in connection with application forms or solicitation, the seller\\nor issuer shall be deemed to have complied with the requirements of this\\nsection with respect to those application forms or solicitations if the\\nseller or issuer complies with the federal disclosure requirements.\\n (9) Any application form or preapproved written solicitation to enter\\ninto a retail installment credit agreement in which the retail seller or\\nfinancing agency may take or retain a purchase money security interest,\\nas set forth in paragraph (c) of subdivision twelve of section four\\nhundred thirteen of the personal property law, which is mailed or\\notherwise made available to an individual residing in this state on or\\nafter the effective date of this subdivision, by or on behalf of an\\nissuer, whether or not the issuer is located in this state, other than\\nan application form or solicitation included in a magazine, newspaper,\\nor other publication distributed by someone other than the issuer, shall\\ncontain a clear and conspicuous written notice or disclosure to the\\nbuyer that the retail seller or financing agency has or may retain a\\nsecurity interest in merchandise covered under paragraph (c) of\\nsubdivision twelve of section four hundred thirteen of the personal\\nproperty law until the full payment price of said merchandise is paid.\\nFurther provided, however, in all instances, said written notice must be\\nprovided to any buyer prior to the first transaction made under any such\\nretail installment credit agreement in which a security interest has\\nbeen or may be taken or retained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "520-A", "title" : "Certain credit and debit card transaction forms required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520-A", "activeDate" : "2014-09-22", "sequenceNo" : 942, "repealedDate" : null, "fromSection" : "520-A", "toSection" : "520-A", "text" : " § 520-a. Certain credit and debit card transaction forms required. 1.\\nAny person, firm, partnership, association or corporation which issues\\nforms used for credit or debit card transactions between the credit card\\nor debit card holder and seller, shall only issue such credit or debit\\ncard forms, except for such forms utilized for a special purpose\\nincidental but related to the actual purchase and sale agreement\\nincluding but not limited to shipping, delivery or installment of\\npurchased merchandise or special orders, which:\\n a. are carbonless; or\\n b. after the transaction is complete, do not render a separate piece\\nof paper, carbon or otherwise, which readily identifies the cardholder\\nby name or number, other than those necessary for use by the seller,\\ncredit or debit card holder and issuer to complete the credit or debit\\ncard transaction.\\n 2. Any person, firm, partnership, association or corporation which\\naccepts credit or debit cards used for credit or debit card transactions\\nbetween the credit card or debit card holder and seller, shall only use\\ncredit or debit card forms except for such forms utilized for a special\\npurpose incidental but related to the actual purchase and sale agreement\\nincluding but not limited to shipping, delivery or installment of\\npurchased merchandise or special orders, which:\\n a. are carbonless; or\\n b. after the transaction is complete, do not render a separate piece\\nof paper, carbon or otherwise, which readily identifies the cardholder\\nby name or number, other than those necessary for use by the seller,\\ncredit card or debit card holder and issuer to complete the credit or\\ndebit card transaction. No person, firm, partnership, association or\\ncorporation which accepts credit or debit cards for the transaction of\\nbusiness shall be deemed to have violated the provisions of this\\nsubdivision, if such person, firm, partnership, association or\\ncorporation shows by a preponderance of evidence that the violation was\\nnot intentional and resulted from bona fide error made notwithstanding\\nthe maintenance of procedures reasonably adopted to avoid any such\\nerror.\\n 3. No person, firm, partnership or corporation which accepts credit or\\ndebit cards for the transaction of business shall require the credit or\\ndebit card holder to write on the credit or debit card transaction form,\\nnor shall it write or cause to be written on such form or on any\\nattachment thereto, any personal identification information, including\\nbut not limited to the credit or debit card holder's address or\\ntelephone number, that is not required by the credit or debit card\\nissuer to complete the credit or debit card transaction; provided,\\nhowever, that the credit or debit card holder's address and telephone\\nnumber may be required on such form or attachment thereto where (i) such\\ninformation is necessary for shipping, delivery or installation of\\npurchased merchandise or for special orders; or (ii) the person, firm,\\npartnership or corporation processes credit or debit card transactions\\nby mailing transaction forms to a designated bankcard center for\\nsettlement.\\n 4. No person, firm, partnership, association or corporation which\\naccepts a personal check, gift certificate, traveler's check or money\\norder in payment for goods or services used or bought for use primarily\\nfor personal, family or household purposes, and which as a condition of\\nsuch acceptance requires that the check drawer or redeemer of the gift\\ncertificate, traveler's check or money order provide a credit or charge\\ncard, shall record on such check, gift certificate, traveler's check or\\nmoney order or elsewhere, the card account number. Nothing in this\\nsubdivision shall be construed to prohibit any person, firm,\\npartnership, association or corporation, as a condition for the\\nacceptance of a check, gift certificate, traveler's check or money order\\nin payment for goods or services from: (i) requesting a purchaser to\\ndisplay a credit or charge card as a means of identification, or as an\\nindication of credit worthiness or financial responsibility; or (ii)\\nrecording on the check, gift certificate, traveler's check or money\\norder the type of credit or charge card so displayed and/or the credit\\nor charge card expiration date; provided, further, that nothing in this\\nsubdivision shall require any business entity to accept a check, gift\\ncertificate, traveler's check or money order in payment for goods or\\nservices whether or not a credit or charge card is displayed.\\n 4-a. a. No person, firm, partnership, association, limited liability\\ncompany, corporation, or other entity that accepts charge, credit, or\\ndebit cards for the transaction of business shall print the expiration\\ndate of the charge, credit, or debit card nor shall any person, firm,\\ncorporation, partnership, association, limited liability company, or\\nother entity print more than the last five digits of the charge, credit,\\nor debit card account number upon any receipt provided to the card\\nholder.\\n b. This subdivision shall apply only to receipts that are\\nelectronically printed and shall not apply to transactions in which the\\nsole means of recording the person's charge, credit, or debit card\\nnumber is by handwriting or by an imprint or copy of the credit card.\\n c. The provisions of this subdivision shall apply to all cash\\nregisters or other machines or devices, which electronically print\\nreceipts for charge, credit, or debit card transactions, that are placed\\nin service on or after January first, two thousand four.\\n d. For all cash registers or other machines or devices that\\nelectronically print receipts for charge, credit, or debit card\\ntransactions in service prior to January first, two thousand four, the\\nprovisions of this subdivision shall not apply until January first, two\\nthousand seven.\\n e. A person, firm, corporation, partnership, association, limited\\nliability company, or other entity who violates this subdivision shall\\nbe given notice with specificity of such violation and be granted two\\nweeks to correct such violation in its entirety. If such violation is\\nnot corrected in its entirety at the end of such two-week period, the\\nviolation shall be punishable by a civil penalty of five hundred\\ndollars, and the violator shall be granted an additional one week in\\nwhich to correct such violation in its entirety. If such violation is\\nnot corrected in its entirety at the end of such one-week period, such\\nviolation shall be punishable by a civil penalty of one thousand dollars\\nper week until such violation is corrected in its entirety. The\\naggregate penalties imposed on an individual person, firm, corporation,\\npartnership, association, limited liability company, or other entity for\\nviolations of this subdivision shall not exceed four thousand five\\nhundred dollars for violations occurring on the same premises.\\n 5. A violation of subdivision one of this section shall be punishable\\nby a civil fine not to exceed one thousand dollars. A violation of\\nsubdivision two, three, or four of this section, if such violation\\nconstitutes the first such offense by such person shall be punishable by\\na civil fine not to exceed two hundred fifty dollars. The second offense\\nand any offense committed thereafter shall be punishable by a civil fine\\nnot to exceed one thousand dollars.\\n 6. Whenever there shall be a violation of this section an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violations, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "520-B", "title" : "Secured credit cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520-B", "activeDate" : "2014-09-22", "sequenceNo" : 943, "repealedDate" : null, "fromSection" : "520-B", "toSection" : "520-B", "text" : " § 520-b. Secured credit cards. 1. If an issuer or any other person\\nuses a 900 telephone number to solicit or market a secured credit card\\nto an individual residing in this state, or otherwise advertises or\\npromotes the availability of a secured credit card through use of a 900\\ntelephone number to an individual residing in this state, the issuer or\\nother person must disclose all of the following terms that may be\\napplicable:\\n (a) either the flat fee charged for the call or the cost of the call\\nper minute and the anticipated number of minutes for such call;\\n (b) the fact that the fee described in paragraph (a) of this\\nsubdivision is refundable in its entirety, at the consumer's request, if\\nfor whatever reason the consumer does not get a secured credit card; and\\n (c) the fact that no fees may be imposed or collected, other than a\\nrefundable fee for a 900 telephone number, until the consumer has asked\\nthe issuer to open a credit card account and the issuer has agreed to\\nopen such an account under the terms and conditions of the offer.\\n 2. The disclosures required by subdivision one of this section shall\\nbe provided before the 900 telephone number call is placed by the\\nconsumer. Such disclosures shall be provided clearly and conspicuously.\\n 3. An issuer of a secured credit card shall, either prior to or at the\\ntime of issuance, disclose the minimum amount of money the consumer must\\nkeep on deposit to qualify for such a card, the interest that will be\\npaid on said deposit, and the amount of credit that will be extended\\neither in absolute terms or expressed as a percentage of such deposit.\\n 4. In connection with any application or solicitation for a secured\\ncredit card, no person shall impose any fee or charge as an application\\nfee, set-up fee, credit review fee, search fee, or any other fee by any\\nother name prior to, contemporaneous with, or incidental to the opening\\nof such a secured credit card agreement. Provided, however, that nothing\\ncontained herein shall prohibit an issuer from contracting for and\\nimposing any fees and charges authorized by section four hundred\\nthirteen of the personal property law and provided further that nothing\\ncontained herein shall prohibit solicitation for such a card by use of a\\n900 telephone number pursuant to the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "520-C", "title" : "Credit information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520-C", "activeDate" : "2014-09-22", "sequenceNo" : 944, "repealedDate" : null, "fromSection" : "520-C", "toSection" : "520-C", "text" : " § 520-c. Credit information. 1. The department of financial services\\nshall establish a telephone number and an area on its website, or\\nprovide a link on such site to other websites with a toll-free telephone\\nnumber service at which customers may obtain information on annual\\npercentage rates, annual fees, per-transaction charges, late payment\\nfees, overlimit fees and grace periods for credit cards to the extent\\nreadily available to the department. Every issuer of credit cards to\\nnatural persons residing in this state shall set forth on each\\nsolicitation, application and monthly billing statement mailed or\\notherwise presented to such persons, a notice stating \"New York\\nresidents may contact the New York state department of financial\\nservices by telephone or visit its website for free information on\\ncomparative credit card rates, fees and grace periods.\" Such notice\\nshall be printed on the same side as the disclosure of rates, fees and\\ncharges, in case of the solicitations and applications, and on the same\\nside as the notice of the balance of the account and the amount due are\\nprinted, in the case of the monthly billing statement. The\\nsuperintendent of financial services shall prescribe the web address and\\ntelephone number to be printed next to the notice. The notice shall be\\nin type no smaller than eight points. The telephone number of the credit\\ncard issuer shall appear higher up on the page and in the type at least\\nas large as that provided for the telephone number of the department of\\nfinancial services. Issuers shall include such notice in materials sent\\nto residents of this state as required under this section commencing\\nOctober first, nineteen hundred ninety-four.\\n 2. The superintendent of financial services is authorized to adopt\\nsuch rules and regulations as consistent with the provisions of this\\nsection.\\n 3. For the purposes of this section:\\n (a) \"Credit card\" means any card issued pursuant to an agreement which\\nallows the holder of the card to obtain goods and services on the credit\\nof the issuer; and\\n (b) \"Issuer\" means any bank, trust company, savings bank, savings and\\nloan association, or branch of a foreign banking corporation the\\ndeposits of which are insured by the federal deposit insurance\\ncorporation, which is incorporated, chartered, organized or licensed\\nunder the laws of this state or any other state or the United States,\\nwhich issues credit cards to natural persons residing in this state.\\n 4. The authority of the superintendent of financial services pursuant\\nto sections thirty-nine and forty-four of the banking law shall extend\\nto violations of this section by any issuer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "520-D", "title" : "Unsolicited convenience checks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520-D", "activeDate" : "2014-09-22", "sequenceNo" : 945, "repealedDate" : null, "fromSection" : "520-D", "toSection" : "520-D", "text" : " § 520-d. Unsolicited convenience checks. 1. As used in this section,\\nthe following terms shall have the following meanings:\\n (a) \"check\" means any negotiable instrument, as defined by section\\n3-104 of the uniform commercial code, that has imprinted on it the\\nholder's name and the depository institution's name, location, and\\nrouting number.\\n (b) \"unsolicited check\" means any check mailed or otherwise delivered\\nto a holder by an issuer or agent acting on behalf of an issuer for the\\npurpose of drawing on an existing account that is an extension of credit\\nor activating an account to obtain credit other than:\\n (1) in response to a request or application for a check or account; or\\n (2) as a substitute for a check or account previously issued to the\\nperson to whom the check is mailed or otherwise delivered.\\n 2. No holder in whose name an unsolicited check is issued shall be\\nliable for any amount resulting from use of that check or account,\\nunless the holder has accepted the check or account by using the check\\nor account. Failure to destroy or return an unsolicited check shall not\\nconstitute acceptance of the check or account.\\n 3. Any agreement entered into by a holder which waives, limits or\\ndisclaims the rights set forth in this section shall be void as contrary\\nto public policy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-AAA", "title" : "Credit Card Registration Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-AAA", "activeDate" : "2014-09-22", "sequenceNo" : 946, "repealedDate" : null, "fromSection" : "521", "toSection" : "521-F", "text" : " ARTICLE 29-AAA\\n CREDIT CARD REGISTRATION SERVICES\\nSection 521. Definitions.\\n 521-a. Disclosure requirements.\\n 521-b. Contract renewals.\\n 521-c. Limitation on release of subscriber names.\\n 521-d. Deceptive acts prohibited.\\n 521-e. Contracts void and unenforceable.\\n 521-f. Enforcement by attorney general.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521", "activeDate" : "2014-09-22", "sequenceNo" : 947, "repealedDate" : null, "fromSection" : "521", "toSection" : "521", "text" : " § 521. Definitions. As used in this article:\\n 1. \"Consumer\" means a natural person.\\n 2. \"Subscriber\" means a consumer who is solicited to purchase or who\\npurchases the services of a credit card registration service.\\n 3. \"Person\" means any individual, firm, partnership, corporation,\\nassociation or other legal entity.\\n 4. \"Credit card registration service\" means any person who provides to\\nsubscribers for a fee services including, but not limited to, any of the\\nfollowing: maintenance of a registry of credit cards or access devices\\nowned by a subscriber; notification on behalf of a subscriber to card\\nissuers or financial institutions that any of a subscriber's credit\\ncards or access devices have been lost or stolen; assistance to a\\nsubscriber in obtaining new cards or access devices when the\\nsubscriber's cards or access devices have been lost or stolen; and\\nnotification on behalf of a subscriber to card issuers or financial\\ninstitutions that a subscriber's address has changed. If a person\\ncontracts with another for the other to provide credit card registration\\nservices, the actual provider of the service and not the offeror of the\\nservice shall be deemed to be the credit card registration service and\\nsubject to the provisions of this article.\\n 5. \"Credit card\" means and includes any credit card, credit plate,\\ncharge plate, courtesy card, or other identification card or device\\nwhich may be used to obtain a cash advance or a loan or credit or to\\npurchase or lease property or services on the credit of the issuer or of\\nthe holder.\\n 6. \"Access device\" means a card, code, or other means of access to a\\nconsumer's account, or any combination thereof, that may be used by the\\nconsumer for the purpose of initiating electronic fund transfers.\\n 7. \"Contract for services\" means a contract between a subscriber and a\\ncredit card registration service under which the credit card\\nregistration service agrees to provide to a subscriber for a fee any of\\nits services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521-A", "title" : "Disclosure requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521-A", "activeDate" : "2014-09-22", "sequenceNo" : 948, "repealedDate" : null, "fromSection" : "521-A", "toSection" : "521-A", "text" : " § 521-a. Disclosure requirements. Prior to entering into a contract\\nfor services, the credit card registration service shall make the\\nfollowing disclosures: (a) a notice that the purchase of the services\\nor the renewal thereof is not required for a consumer to retain his\\ncredit card or access device; (b) a concise statement regarding the\\nlimitations of a consumer's liability for unauthorized use of credit\\ncards or access devices as established by the acts of Congress entitled\\n\"Truth in Lending Act\" and \"Electronic Fund Transfer Act\" and the\\nregulations thereunder, as such acts and regulations may from time to\\ntime be amended.\\n Such disclosures if made orally shall also be made in writing by the\\ncredit card registration service to the subscriber no later than thirty\\ndays after the contract for services is entered into.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521-B", "title" : "Contract renewals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521-B", "activeDate" : "2014-09-22", "sequenceNo" : 949, "repealedDate" : null, "fromSection" : "521-B", "toSection" : "521-B", "text" : " § 521-b. Contract renewals. 1. No contract for services shall provide\\nthat services will be automatically renewed and the subscriber billed,\\nunless the subscriber named in the expiring contract is notified not\\nmore than sixty and not less than fifteen days prior to the termination\\nof the existing contract, by mail, of the credit card registration\\nservices' intention to automatically renew the contract.\\n 2. The written notice of renewal shall state the proposed renewal\\nterm, the price for renewal and any additions, changes or deletions in\\nthe services to be furnished. The notice shall state, conspicuously,\\nthat the subscriber may elect not to renew the service by sending a\\nwritten notice of cancellation or by calling a toll free telephone\\nnumber prior to the end of the expiring contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521-C", "title" : "Limitation on release of subscriber names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521-C", "activeDate" : "2014-09-22", "sequenceNo" : 950, "repealedDate" : null, "fromSection" : "521-C", "toSection" : "521-C", "text" : " § 521-c. Limitation on release of subscriber names. No credit card\\nregistration service shall rent, sell, exchange or otherwise make\\navailable the names, addresses and account numbers of cardholders or\\nowners of access devices entrusted to it by a credit card or access\\ndevice issuer or other financial institution to any other person for use\\nin direct mail marketing or solicitation without prior written approval\\nof the cardholder or access device owner. Notwithstanding the foregoing,\\nnothing in this section shall be construed to restrict a card issuer's\\nuse of its own cardholder list.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521-D", "title" : "Deceptive acts prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521-D", "activeDate" : "2014-09-22", "sequenceNo" : 951, "repealedDate" : null, "fromSection" : "521-D", "toSection" : "521-D", "text" : " § 521-d. Deceptive acts prohibited. It is hereby declared to be a\\ndeceptive trade practice and unlawful for a credit card registration\\nservice to misrepresent in its advertising, promotional materials, sales\\nmaterials, or in any other manner the nature of the services to be\\nperformed, the identity of the provider of the services, or the\\nconsequences of failing to subscribe to the services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521-E", "title" : "Contracts void and unenforceable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521-E", "activeDate" : "2014-09-22", "sequenceNo" : 952, "repealedDate" : null, "fromSection" : "521-E", "toSection" : "521-E", "text" : " § 521-e. Contracts void and unenforceable. 1. Any contract for\\nservices which does not comply with the applicable provisions of this\\narticle shall be void and unenforceable as contrary to public policy.\\n 2. Any waiver by a consumer of the provisions of this article shall be\\ndeemed void and unenforceable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "521-F", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521-F", "activeDate" : "2014-09-22", "sequenceNo" : 953, "repealedDate" : null, "fromSection" : "521-F", "toSection" : "521-F", "text" : " § 521-f. Enforcement by attorney general. Whenever there shall be a\\nviolation of this section, application may be made by the attorney\\ngeneral in the name of the people of the state of New York to a court or\\njustice having jurisdiction by a special proceeding to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this article has occurred, the court may\\nimpose a civil penalty of not more than one thousand dollars for each\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-B", "title" : "Prohibited Credit Card Practices Involving Providers of Travel Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-B", "activeDate" : "2014-09-22", "sequenceNo" : 954, "repealedDate" : null, "fromSection" : "523", "toSection" : "526", "text" : " ARTICLE 29-B\\n PROHIBITED CREDIT CARD PRACTICES\\n INVOLVING PROVIDERS OF TRAVEL SERVICES\\nSection 523. Definitions.\\n 524. Application.\\n 525. Prohibited practices.\\n 526. Enforcement.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "523", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "523", "activeDate" : "2014-09-22", "sequenceNo" : 955, "repealedDate" : null, "fromSection" : "523", "toSection" : "523", "text" : " § 523. Definitions. As used in this article: 1. \"Travel services\"\\nmeans public transportation, public accommodations in hotels, motels or\\nmotor courts, rental of motor vehicles or any other service related to\\ntravel.\\n 2. \"Provider of travel services\" means every person, firm or\\ncorporation engaged in the business of furnishing travel, transportation\\nor vacation services.\\n 2-a. \"Travel agent\" shall mean any person, firm, corporation,\\npartnership or association, other than a common carrier or employee of a\\ncommon carrier, that is an officially appointed agent of a common\\ncarrier and meets standards no less than those required on January\\nfirst, nineteen hundred ninety, for authorized agents of the airline\\nreporting corporation, or is a registered member of the Cruise Lines\\nInternational Association and who operates exclusively as an agent for\\ncruise lines in the sale of cruise travel products or services, and who,\\nas a legal agent of a supplier, sells or offers for sale any travel,\\ntransportation or vacation arrangements, or who negotiates for or holds\\nhimself or herself out by solicitation, advertisement or otherwise as\\none who sells, provides, furnishes contracts or arranges for such\\ntravel, transportation or vacation services.\\n 3. \"Consumer\" means a natural person.\\n 4. \"Credit card\" and \"issuer\" shall have the same meanings as in\\narticle twenty-nine-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "524", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "524", "activeDate" : "2014-09-22", "sequenceNo" : 956, "repealedDate" : null, "fromSection" : "524", "toSection" : "524", "text" : " § 524. Application. This article shall apply with respect to any\\ntransaction involving the furnishing of travel services to a consumer\\nwhere a credit card is used to obtain credit and where the provider of\\ntravel services is a person other than the credit card issuer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "525", "title" : "Prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "525", "activeDate" : "2014-09-22", "sequenceNo" : 957, "repealedDate" : null, "fromSection" : "525", "toSection" : "525", "text" : " § 525. Prohibited practices. 1. It shall be unlawful for a provider of\\ntravel services to communicate with a credit card issuer for the purpose\\nof reserving or setting aside any specified amount of credit in a\\nconsumer's credit card account to ensure payment for services to be\\nrendered unless prior to such communication the provider of travel\\nservices informs the consumer of the amount of credit which will be\\nrequested to be reserved or set aside and obtains the consumer's consent\\nto the reservation or set aside of such amount.\\n 2. It shall be unlawful for a provider of travel services to\\ncommunicate with a credit card issuer for the purpose of reserving or\\nsetting aside an amount of credit in a consumer's credit card account in\\nexcess of the actual, agreed upon cost of the services contracted for by\\nthe consumer and provider of travel services unless, prior to such\\ncommunication, the provider of travel services informs the consumer in\\nwriting of the amount of credit which will be requested to be reserved\\nor set aside and obtains the consumer's written consent to the\\nreservation or set aside of such amount.\\n 3. It shall be unlawful for any provider of travel services, after it\\nhas determined the final charges for the travel services furnished to a\\nconsumer, to fail to promptly communicate with a credit card issuer to\\nrequest the release of any amount of credit previously reserved or set\\naside by it in the consumer's credit card account which is in excess by\\nmore than twenty-five dollars of the charges actually billed.\\n 4. It shall be unlawful for any provider of travel services to impose,\\nas a result of the use of a credit card, a surcharge on a travel agent\\nacting as an agent of such provider of travel services where, on behalf\\nof a holder of a credit card, as defined in section five hundred eleven\\nof this chapter, such travel agent facilitates the holder's use of a\\ncredit card in lieu of payment by cash, check or similar means.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "526", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "526", "activeDate" : "2014-09-22", "sequenceNo" : 958, "repealedDate" : null, "fromSection" : "526", "toSection" : "526", "text" : " § 526. Enforcement. The attorney general may bring an action in the\\nname of the people of the state to restrain or prevent any violation of\\nthis article or any continuance of any such violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-BB", "title" : "Prohibited Service Offer Practices", "docType" : "ARTICLE", "publishedDates" : [ "2020-11-13", "2021-02-12" ], "docLevelId" : "29-BB", "activeDate" : "2021-02-12", "sequenceNo" : 959, "repealedDate" : null, "fromSection" : "527", "toSection" : "527-A", "text" : " ARTICLE 29-BB\\n PROHIBITED SERVICE OFFER PRACTICES\\nSection 527. Definitions.\\n 527-a. Unlawful practices.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "527", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2020-11-13", "2021-02-12", "2025-05-16", "2025-11-07" ], "docLevelId" : "527", "activeDate" : "2021-02-12", "sequenceNo" : 960, "repealedDate" : null, "fromSection" : "527", "toSection" : "527", "text" : " § 527. Definitions. For the purposes of this article, the following\\ndefinitions shall apply:\\n 1. \"Automatic renewal\" means a plan or arrangement in which a paid\\nsubscription or purchasing agreement is automatically renewed at the end\\nof a definite term for a subsequent term.\\n 2. \"Automatic renewal offer terms\" means the following clear and\\nconspicuous disclosures:\\n a. that the subscription or purchasing agreement will continue until\\nthe consumer cancels;\\n b. the description of the cancellation policy that applies to the\\noffer;\\n c. the recurring charges that will be charged to the consumer's credit\\nor debit card or payment account with a third party as part of the\\nautomatic renewal plan or arrangement, and that the amount of the charge\\nmay change, if that is the case, and the amount to which the charge will\\nchange, if known;\\n d. the length of the automatic renewal term or that the service is\\ncontinuous, unless the length of the term is chosen by the consumer; and\\n e. the minimum purchase obligation, if any.\\n 3. \"Clear and conspicuous\" means in larger type than the surrounding\\ntext, or in contrasting type, font, or color to the surrounding text of\\nthe same size, or set off from the surrounding text of the same size by\\nsymbols or other marks, in a manner that clearly calls attention to the\\nlanguage. In the case of an audio disclosure, \"clear and conspicuous\"\\nmeans in a volume and cadence sufficient to be readily audible and\\nunderstandable.\\n 4. \"Consumer\" means any individual who seeks or acquires, by purchase\\nor lease, any goods, services, money, or credit for personal, family, or\\nhousehold purposes.\\n 5. \"Continuous service\" means a plan or arrangement in which a\\nsubscription or purchasing agreement continues until the consumer\\ncancels the service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "527-A", "title" : "Unlawful practices", "docType" : "SECTION", "publishedDates" : [ "2020-11-13", "2021-02-12", "2023-12-15", "2025-05-16", "2025-11-07" ], "docLevelId" : "527-A", "activeDate" : "2021-02-12", "sequenceNo" : 961, "repealedDate" : null, "fromSection" : "527-A", "toSection" : "527-A", "text" : " § 527-a. Unlawful practices. 1. It shall be unlawful for any business\\nmaking an automatic renewal or continuous service offer to a consumer in\\nthis state to do any of the following:\\n a. fail to present the automatic renewal offer terms or continuous\\nservice offer terms in a clear and conspicuous manner before the\\nsubscription or purchasing agreement is fulfilled and in visual\\nproximity, or in the case of an offer conveyed by voice, in temporal\\nproximity, to the request for consent to the offer. If the offer also\\nincludes a free gift or trial, the offer shall include a clear and\\nconspicuous explanation of the price that will be charged after the\\ntrial ends or the manner in which the subscription or purchasing\\nagreement pricing will change upon conclusion of the trial;\\n b. charge the consumer's credit or debit card or the consumer's\\naccount with a third party for an automatic renewal or continuous\\nservice without first obtaining the consumer's affirmative consent to\\nthe agreement containing the automatic renewal offer terms or continuous\\nservice offer terms, including the terms of an automatic renewal offer\\nor continuous service offer that is made at a promotional or discounted\\nprice for a limited period of time; or\\n c. fail to provide an acknowledgment that includes the automatic\\nrenewal or continuous service offer terms, cancellation policy, and\\ninformation regarding how to cancel in a manner that is capable of being\\nretained by the consumer. If the offer includes a free gift or trial,\\nthe business shall also disclose in the acknowledgment how to cancel and\\nallow the consumer to cancel before the consumer pays for the goods or\\nservices.\\n 2. A business that makes an automatic renewal offer or continuous\\nservice offer shall provide a toll-free telephone number, electronic\\nmail address, a postal address only when the seller directly bills the\\nconsumer, or another cost-effective, timely, and easy-to-use mechanism\\nfor cancellation that shall be described in the acknowledgment specified\\nin paragraph c of subdivision one of this section.\\n 3. In addition to the requirements of subdivision two of this section,\\na consumer who accepts an automatic renewal or continuous service offer\\nonline shall be allowed to terminate the automatic renewal or continuous\\nservice exclusively online, which may include a termination email\\nformatted and provided by the business that a consumer can send to the\\nbusiness without additional information.\\n 4. In the case of a material change in the terms of the automatic\\nrenewal or continuous service offer that has been accepted by a consumer\\nin this state, the business shall provide the consumer with a clear and\\nconspicuous notice of the material change and provide information\\nregarding how to cancel in a manner that is capable of being retained by\\nthe consumer.\\n 5. The requirements of this article shall apply only prior to the\\ncompletion of the initial order for the automatic renewal or continuous\\nservice, except as follows:\\n a. The requirement in paragraph c of subdivision one of this section\\nmay be fulfilled after completion of the initial order.\\n b. The requirement in subdivision four of this section shall be\\nfulfilled prior to implementation of the material change.\\n 6. In any case in which a business sends any goods, wares,\\nmerchandise, or products to a consumer, under a continuous service\\nagreement or automatic renewal of a purchase, without first obtaining\\nthe consumer's affirmative consent, the goods, wares, merchandise, or\\nproducts shall for all purposes be deemed an unconditional gift to the\\nconsumer, who may use or dispose of the same in any manner he or she\\nsees fit without any obligation whatsoever on the consumer's part to the\\nbusiness, including, but not limited to, bearing the cost of, or\\nresponsibility for, shipping any goods, wares, merchandise, or products\\nto the business.\\n 7. Whenever there shall be a violation of this section, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violations; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules. Whenever the court shall determine that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not more than one hundred dollars for a single violation and\\nnot more than five hundred dollars for multiple violations resulting\\nfrom a single act or incident. A knowing violation of this section shall\\nbe punishable by a civil penalty of not more than five hundred dollars\\nfor a single violation and not more than one thousand dollars for\\nmultiple violations resulting from a single act or incident. No business\\nshall be deemed to have violated the provisions of this section if such\\nbusiness shows, by a preponderance of the evidence, that the violation\\nwas not intentional and resulted from a bona fide error made\\nnotwithstanding the maintenance of procedures reasonably adopted to\\navoid such error.\\n 8. The following are exempt from the requirements of this article:\\n a. any service provided by a business or its affiliate where either\\nthe business or its affiliate is doing business pursuant to a franchise\\nissued by a political subdivision of the state;\\n b. any entity regulated by the department of financial services;\\n c. security system alarm operators;\\n d. banks, bank holding companies, or the subsidiary or affiliate of\\neither, or credit unions or other financial institutions, licensed under\\nstate or federal law; and\\n e. sellers and administrators of a service contract, as defined\\npursuant to section seven thousand nine hundred two of the insurance\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-C", "title" : "Radio and Television Tubes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-C", "activeDate" : "2014-09-22", "sequenceNo" : 962, "repealedDate" : null, "fromSection" : "532", "toSection" : "537", "text" : " ARTICLE 29-C\\n RADIO AND TELEVISION TUBES\\nSection 532. Definitions.\\n 533. Prohibitions.\\n 534. Violation.\\n 535. Enforcement by attorney-general.\\n 536. Construction.\\n 537. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "532", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "532", "activeDate" : "2014-09-22", "sequenceNo" : 963, "repealedDate" : null, "fromSection" : "532", "toSection" : "532", "text" : " § 532. Definitions. As used in this article: A \"tube\" is an electron\\nreceiving tube or cathode ray tube (commonly known as a picture tube)\\ndesigned primarily for use in a home type television or radio receiver,\\nphonograph, tape recorder, or any combination thereof, or other home\\ntype electronic device or appliance.\\n \"Used tube\" or a \"second-hand tube\" is a tube which has been subjected\\nto consumer or demonstrator use as an entity.\\n A \"used component\" is any part or material salvaged from a used or\\nsecond-hand tube.\\n A \"tube utilizing used components\" is a tube which has not been used\\nas an entity but which in the manufacture thereof has utilized one or\\nmore used components. Such a tube shall not be deemed to be a used or\\nsecond-hand tube within the meaning of this article.\\n A \"reactivated tube\" is a weak, worn-out or defective tube which has\\nbeen temporarily reactivated by the administration of a charge of high\\nvoltage electric current to the elements thereof.\\n A \"reduction\" is the sale of a tube at a price that is less than the\\nmanufacturer's list price for that tube.\\n A \"savings\" is the sale of a tube at a price that is less than the\\nlist price for a tube by the same or another manufacturer when the tubes\\nare identical.\\n \"Person\" means an individual, partnership, firm, association or\\ncorporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "533", "title" : "Prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "533", "activeDate" : "2014-09-22", "sequenceNo" : 964, "repealedDate" : null, "fromSection" : "533", "toSection" : "533", "text" : " § 533. Prohibitions. 1. Except as hereinafter provided, no person\\nshall knowingly distribute or sell, offer to distribute or sell, expose\\nfor distribution or sale, possess with intent to distribute or sell or\\notherwise dispose of for a consideration any reactivated tube,\\nsecond-hand tube or used tube or tube utilizing used components without\\nclearly disclosing the true or actual quality or condition of such tube\\nby means of a stamp, mark, tag, notice or label attached to such tube\\nand to any carton or container thereof in such manner that it cannot\\nreadily be removed or of such a nature as to remain in place until\\nremoved by the purchaser at retail.\\n 2. No person other than a purchaser at retail for his own use and\\nconsumption shall remove, deface, cover, obliterate, mutilate, alter or\\ncause to be removed, defaced, covered, obliterated, mutilated or altered\\nany notice, tag or label from any tube, carton or container therefor,\\nrequired under this article.\\n 3. No person performing services or repairs for any consideration\\nwhatsoever on a home type radio or television receiver, phonograph, tape\\nrecorder or any combination thereof, or other home type electronic\\ndevice or appliance shall knowingly install therein any reactivated\\ntube, second-hand tube or used tube or tube utilizing used components,\\nwithout disclosing the true or actual quality or condition of such tube\\non a written invoice furnished to the customer irrespective of the fact\\nthat such tube or the carton or container therefor contains a notice,\\ntag or label disclosing such quality or condition.\\n 4. No used tube, second-hand tube, or reactivated tube, or tube\\nutilizing used components may be knowingly represented, directly or\\nindirectly, to be a new tube.\\n 5. No reactivated tube, second-hand tube or used tube may be knowingly\\nrepresented, directly or indirectly, to be a first quality tube.\\n 6. No person shall reactivate or cause to be reactivated any weak,\\nworn-out or defective tube for the purpose of deceiving any other\\nperson.\\n 7. No person shall have in his possession any electrical device or\\ntool or other instrument adapted to or commonly used for reactivating\\nany weak, worn-out or defective tube under circumstances evincing an\\nintent to use or employ or allow the same to be used or employed, for\\nthe purpose of deceiving any other person, or knowing that the same are\\nintended to be so used.\\n 8. No tube which is represented by the retail seller thereof as\\nguaranteed by the use of such word or words of similar import shall be\\nknowingly sold to any purchaser at retail for home consumption unless a\\nwriting disclosing the nature, extent and duration of the guarantee, the\\nidentity of the guarantor and the manner in which the guarantor will\\nperform thereunder is furnished to such purchaser at the time of\\npurchase. No tube knowingly sold as aforesaid shall be represented as\\nfully guaranteed or unconditionally guaranteed by the use of such words\\nor words of similar import unless the written guarantee furnished to the\\npurchaser at retail for home consumption at the time of purchase is free\\nfrom any conditions or limitations whatsoever.\\n 9. No person shall knowingly represent that a tube is being sold at a\\nreduction or at a savings when the alleged reduction or savings is from\\na fictitious price. Without limiting the generality of the foregoing, an\\nalleged reduction or savings is from a fictitious price.\\n a. When the alleged reduction or savings of a rejuvenated tube,\\nsecond-hand tube or used tube is from the manufacturer's established\\nlist price for his first quality new tubes or\\n b. When the alleged reduction of a tube utilizing used components is\\nfrom the manufacturer's established list price for tubes utilizing only\\nnew components in the manufacture thereof or\\n c. When the alleged reduction is, in fact, a savings in that it is\\nfrom the list price of a manufacturer other than the owner of the brand\\nname appearing on the tube being sold.\\n 10. No representations shall be made, directly or indirectly,\\nconcerning a tube by reference to a patent license pursuant to which\\nsuch tube was manufactured which could mislead any other person into the\\nbelief that such tube is manufactured or sponsored by said patent\\nlicensor, when such is not the fact.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "534", "title" : "Violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "534", "activeDate" : "2014-09-22", "sequenceNo" : 965, "repealedDate" : null, "fromSection" : "534", "toSection" : "534", "text" : " § 534. Violation. 1. A violation of any provision of the preceding\\nsection shall constitute a misdemeanor.\\n 2. Proof that no person has been misled or deceived or otherwise\\ndamaged by any violation of this article shall not constitute a defense\\nin any prosecution under this article.\\n 3. It shall not be necessary, in order to make out a prima facie case,\\nfor the prosecution to prove that the defendant knowingly or\\nintentionally violated any provision of this article but proof that the\\ndefendant did not knowingly or intentionally violate such provision\\nshall constitute a good defense in any prosecution for a misdemeanor\\nunder this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "535", "title" : "Enforcement by attorney-general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "535", "activeDate" : "2014-09-22", "sequenceNo" : 966, "repealedDate" : null, "fromSection" : "535", "toSection" : "535", "text" : " § 535. Enforcement by attorney-general. 1. Whenever any person has\\nviolated any provision of this article the attorney-general may bring a\\nspecial proceeding in the supreme court of the state of New York, on\\nnotice of not less than five days, for a judgment enjoining the\\ncontinuance of such violations; and if it shall appear to the\\nsatisfaction of the court or justice that the defendant has violated any\\nprovision of this article, no proof shall be required that any person\\nhas been misled or deceived or otherwise damaged thereby nor that the\\ndefendant knowingly or intentionally violated such provision.\\n 2. In connection with any such proposed application, the\\nattorney-general is authorized to take proof, issue subpoenas and\\nadminister oaths in the manner provided in the civil practice law and\\nrules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "536", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "536", "activeDate" : "2014-09-22", "sequenceNo" : 967, "repealedDate" : null, "fromSection" : "536", "toSection" : "536", "text" : " § 536. Construction. Nothing in this article shall apply to any\\ntelevision or sound radio broadcasting station or to any publisher or\\nprinter of a newspaper, magazine or other form of printed advertising\\nwho broadcasts, publishes or prints such advertisement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "537", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "537", "activeDate" : "2014-09-22", "sequenceNo" : 968, "repealedDate" : null, "fromSection" : "537", "toSection" : "537", "text" : " § 537. Separability. If any section of this article or any part\\nthereof shall be adjudged by any court of competent jurisdiction to be\\ninvalid, such judgment shall not affect, impair or invalidate the\\nremainder or any other section or part thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-CC", "title" : "Modem Hijacking Deterrence Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-CC", "activeDate" : "2014-09-22", "sequenceNo" : 969, "repealedDate" : null, "fromSection" : "538", "toSection" : "538-B", "text" : " ARTICLE 29-CC\\n MODEM HIJACKING DETERRENCE ACT\\nSection 538. In general.\\n 538-a. Enforcement.\\n 538-b. Definitions.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "538", "title" : "In general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "538", "activeDate" : "2014-09-22", "sequenceNo" : 970, "repealedDate" : null, "fromSection" : "538", "toSection" : "538", "text" : " § 538. In general. (a) No person, firm, corporation, or other business\\nentity, regardless of its form of organization, shall deceptively cause\\ncomputer software to be copied onto the computer or internet-capable\\ndevice of a consumer in this state and use the software to access,\\nhijack, or use the consumer's modem, internet-capable device, or\\ninternet service for the purpose of causing an authorized user or a\\nthird party affected by such conduct to incur financial charges for a\\nservice that is not authorized by the owner or an authorized user of the\\ncomputer.\\n (b) Any provision of a contract or an agreement entered into by a\\nconsumer that deceives a consumer and that purports or may be construed\\nto authorize, divert, or require anything that would constitute a\\nviolation of any of the provisions of this section is hereby declared to\\nbe void as against public policy and shall not be enforceable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "538-A", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "538-A", "activeDate" : "2014-09-22", "sequenceNo" : 971, "repealedDate" : null, "fromSection" : "538-A", "toSection" : "538-A", "text" : " § 538-a. Enforcement. (a) The attorney general may bring a civil\\naction against any person, firm, corporation, or other business entity,\\nregardless of its form of organization, that violates this article to\\nenjoin the violation and may recover the following:\\n (1) a civil penalty of one thousand dollars per violation of this\\narticle or, for a pattern or practice of such violations, up to three\\nthousand dollars per violation; and/or\\n (2) costs and reasonable attorneys' fees.\\n (c) Nothing in this section shall in any way limit rights or remedies\\nwhich are otherwise available under law to the attorney general or any\\nother person authorized to bring an action under this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "538-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "538-B", "activeDate" : "2014-09-22", "sequenceNo" : 972, "repealedDate" : null, "fromSection" : "538-B", "toSection" : "538-B", "text" : " § 538-b. Definitions. For the purposes of this article:\\n (a) the term \"hijack\", with respect to a modem or internet-capable\\ndevice, means taking control of the modem or the modem-function of a\\nuser's computer or internet-capable device to initiate a toll telephone\\ncall via a telecommunications network, a voice over internet protocol,\\nor other internet communication for which the authorized user or\\nprovider pays a monetary charge.\\n (b) the term \"authorized user\" with respect to a computer or\\ninternet-capable device, means a person who is authorized by the owner\\nor lessee to use the computer or internet-capable device.\\n (c) the term \"internet-capable device\" means any hardware technology\\nincluding, but not limited to, a cellular telephone, handheld computer,\\nor calendaring and messaging device with telephony functions, that is\\nindividually or collectively capable of providing wireless or wireline\\ninternet access, in addition to origination and completion of telephone\\ncalls.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-D", "title" : "Notes Given For Patent Rights and For a Speculative Consideration", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-D", "activeDate" : "2014-09-22", "sequenceNo" : 973, "repealedDate" : null, "fromSection" : "550", "toSection" : "554", "text" : " ARTICLE 29-D\\n NOTES GIVEN FOR PATENT RIGHTS AND FOR A SPECULATIVE CONSIDERATION\\nSection 550. Negotiable notes given for patent rights.\\n 551. Negotiable notes given for a speculative consideration.\\n 552. Notes given for patent-rights.\\n 553. Notes given for a speculative consideration.\\n 554. Retention of forged, counterfeit or spurious documents or\\n negotiable instruments permitted.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "550", "title" : "Negotiable notes given for patent rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "550", "activeDate" : "2014-09-22", "sequenceNo" : 974, "repealedDate" : null, "fromSection" : "550", "toSection" : "550", "text" : " § 550. Negotiable notes given for patent rights. Notwithstanding\\narticle three of the uniform commercial code, a negotiable promissory\\nnote, the consideration of which consists wholly or partly of the right\\nto make, use or sell any invention claimed or represented by the vendor\\nat the time of sale to be patented, must contain the words \"given for a\\npatent right\" prominently and legibly written or printed on the face of\\nsuch note above the signature thereto; and such note in the hands of any\\npurchaser or holder is subject to the same defenses as in the hands of\\nthe original holder; but this section does not apply to a negotiable\\nnote given solely for the purchase price or the use of a patented\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "551", "title" : "Negotiable notes given for a speculative consideration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "551", "activeDate" : "2014-09-22", "sequenceNo" : 975, "repealedDate" : null, "fromSection" : "551", "toSection" : "551", "text" : " § 551. Negotiable notes given for a speculative consideration.\\nNotwithstanding article three of the uniform commercial code, a\\nnegotiable promissory note, the consideration of which consists in whole\\nor in part of the purchase price of any farm product, at a price greater\\nby at least four times than the fair market value of the same product at\\nthe time in the locality, or of the membership and rights in an\\nassociation, company or combination to produce or sell any farm product\\nat a fictitious rate, or of a contract or bond to purchase or sell any\\nfarm product at a price greater by four times than the market value of\\nthe same product at the time in the locality, must contain the words\\n\"given for a speculative consideration\" or other words clearly showing\\nthe nature of the consideration, prominently and legibly written or\\nprinted on the face of such note above the signature thereof; and such\\nnote, in the hands of any purchaser or holder, is subject to the same\\ndefenses as in the hands of the original owner or holder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "552", "title" : "Notes given for patent-rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "552", "activeDate" : "2014-09-22", "sequenceNo" : 976, "repealedDate" : null, "fromSection" : "552", "toSection" : "552", "text" : " § 552. Notes given for patent-rights. A person who takes, sells or\\ntransfers a negotiable promissory note within article three of the\\nuniform commercial code, knowing the consideration of such note to\\nconsist in whole or in part, of the right to make, use or sell, any\\npatent invention or inventions, or any invention claimed or represented\\nto be patented, without having the words \"given for a patent-right\"\\nwritten or printed legibly and prominently on the face of such note\\nabove the signature thereto, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "553", "title" : "Notes given for a speculative consideration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "553", "activeDate" : "2014-09-22", "sequenceNo" : 977, "repealedDate" : null, "fromSection" : "553", "toSection" : "553", "text" : " § 553. Notes given for a speculative consideration. A person who\\ntakes, sells or transfers a negotiable promissory note within article\\nthree of the uniform commercial code, knowing the consideration of such\\nnote to consist in whole or in part of the purchase price of any farm\\nproduct at a price greater by four or more times than the fair market\\nvalue of the same product at the time in the locality, or in which the\\nconsideration shall be in whole or in part, membership of and rights in\\nan association, company or combination to produce or sell any farm\\nproduct at a fictitious rate, or of a contract or bond to purchase or\\nsell any farm product at such rate, without having the words \"given for\\na speculative consideration\" or other words clearly showing the nature\\nof the consideration prominently and legibly written or printed on the\\nface of such note above the signature thereof, is guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "554", "title" : "Retention of forged, counterfeit or spurious documents or negotiable instruments permitted", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-29" ], "docLevelId" : "554", "activeDate" : "2014-09-22", "sequenceNo" : 978, "repealedDate" : null, "fromSection" : "554", "toSection" : "554", "text" : " § 554. Retention of forged, counterfeit or spurious documents or\\nnegotiable instruments permitted. Any bank, banker, transfer agent,\\nrailroad, warehouseman or any other person charged with the issue,\\nreissue, transfer or payment of any of the documents hereinafter\\ndescribed, in any spurious, counterfeit, forged, altered note, stock\\ncertificate, bond, debenture, check, draft, warrant, traveler's check,\\nletter of credit, money order, warehouse receipt, negotiable bill of\\nlading, evidence of indebtedness, certificate of interest or\\nparticipation in any profit-sharing agreement, collateral-trust\\ncertificate, preorganization certificate or subscription, transferable\\nshare, investment contract, voting-trust certificate, certificate of\\ninterest in property, tangible or intangible; instrument or document or\\nwriting evidencing ownership of goods, wares, and merchandise; or\\ntransferring or assigning any right, title, or interest in or to goods,\\nwares, and merchandise, or, in general, any instrument commonly known as\\na \"security, \" or any certificate of interest or participation in,\\ntemporary or interim certificate for, receipt for, warrant, or right to\\nsubscribe to or purchase any of the foregoing, is presented for payment\\nor transfer or for the purpose of obtaining possession of goods or any\\nproperty under or pursuant to the terms of such instrument, whether the\\nsame is presented through any clearing house or otherwise, and whether\\nor not the owner, or purported owner or presentor of such instrument is\\nwithin or without the state of New York, may without civil or other\\nliability, retain such counterfeit, forged or spurious instrument or\\ndocument for the purpose of preserving the same, and return in lieu\\nthereof a photostatic copy with an affidavit setting forth the infirmity\\nin the original, and the name and address of the person in whose custody\\nsuch original remains; provided, however, that such act of retention\\nshall not in any way vary the effect or alter the property or civil\\nrights of any person in, to or by reason of such instrument or document\\nor anything done with or pursuant to the same; and provided further,\\nthat such instrument shall be delivered within fourteen days to the\\ndistrict attorney within whose jurisdiction the same is retained and\\nupon such surrender a receipt therefor shall be given to the custodian\\nthereof; and provided further, that such instrument shall be produced\\nfor use in any court or by any public officer when required to do so\\nunder proper notice, demand or subpoena. The right to require the\\nproduction of such document is hereby extended to all officers or courts\\nwhether within the state of New York or elsewhere.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-E", "title" : "Trading Stamps", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-E", "activeDate" : "2014-09-22", "sequenceNo" : 979, "repealedDate" : null, "fromSection" : "570", "toSection" : "579", "text" : " ARTICLE 29-E\\n TRADING STAMPS\\nSection 570. Definitions as used in this article.\\n 571. Declared face value; cash redemption.\\n 572. Registration required.\\n 573. Statement of registration.\\n 574. Registration fee.\\n 575. Bond required.\\n 576. Claims by rightful holders of trading stamps.\\n 577. Notice of intention to suspend or cease redemption of\\n stamps.\\n 578. Pre-emption by state.\\n 579. Violation a misdemeanor; injunction.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "570", "title" : "Definitions as used in this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "570", "activeDate" : "2014-09-22", "sequenceNo" : 980, "repealedDate" : null, "fromSection" : "570", "toSection" : "570", "text" : " § 570. Definitions as used in this article. 1. \"Trading stamp\" means\\nany stamp or similar device issued in connection with the retail sale of\\nmerchandise or service, as a cash discount or for any other marketing\\npurpose, which entitles the rightful holder, on its due presentation for\\nredemption, to receive merchandise, service or cash. \"Trading stamp\"\\nshall not mean any redeemable device used by the manufacturer or packer\\nof an article in advertising or selling it, or any redeemable device\\nissued and redeemed by a non-profit membership corporation for the\\nbenefit of its members only, or any redeemable device issued and\\nredeemed by a newspaper, magazine or other publication.\\n 2. \"Trading stamp company\" means any person engaged in distributing\\ntrading stamps for retail issuance by others, or in redeeming trading\\nstamps for retailers, in any manner.\\n 3. \"Person\" means any individual, partnership, corporation,\\nassociation or other organization.\\n 4. \"Secretary\" means the secretary of state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "571", "title" : "Declared face value; cash redemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "571", "activeDate" : "2014-09-22", "sequenceNo" : 981, "repealedDate" : null, "fromSection" : "571", "toSection" : "571", "text" : " § 571. Declared face value; cash redemption. No trading stamp company\\nshall advertise, distribute or redeem trading stamps hereafter issued in\\nthis state unless:\\n 1. Each stamp has legibly printed upon its face a cash value\\ndetermined by the company in cents or any fraction thereof, and\\n 2. The rightful holders may, at their option, redeem the stamps in\\ncash when duly presented to the company for redemption in a number\\nhaving an aggregate cash value of not less than one dollar.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "572", "title" : "Registration required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "572", "activeDate" : "2014-09-22", "sequenceNo" : 982, "repealedDate" : null, "fromSection" : "572", "toSection" : "572", "text" : " § 572. Registration required. No trading stamp company shall advertise\\nor distribute trading stamps issued in this state unless it shall have\\nfiled with the secretary of state a statement of registration\\naccompanied by representative samples of its stamps, stamp collection\\nbooks, stamp redemption catalogues and stamp distribution and redemption\\nagreement forms, currently used in this state. Such statement of\\nregistration shall be filed for a one year period commencing on July\\nfirst, nineteen hundred seventy-one and annually thereafter on or before\\nJuly first of each year; provided however, that any trading stamp\\ncompany advertising or distributing such trading stamps for the first\\ntime subsequent to July first, nineteen hundred seventy-one shall file\\nits initial statement of registration prior to advertising or\\ndistributing such trading stamps and thereafter shall file annually on\\nor before July first of each year as provided herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "573", "title" : "Statement of registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "573", "activeDate" : "2014-09-22", "sequenceNo" : 983, "repealedDate" : null, "fromSection" : "573", "toSection" : "573", "text" : " § 573. Statement of registration. Each statement of registration\\nhereinbefore required shall contain the following information:\\n 1. The name and principal address of the company;\\n 2. The state of its incorporation or origin;\\n 3. The names and addresses of its principal officers, partners or\\nproprietors;\\n 4. The address of its principal office in this state;\\n 5. The name and address of its principal officer, employee or agent\\ntherein;\\n 6. The addresses of the places where its stamps are redeemable\\ntherein;\\n 7. A short form of its balance sheet as of the end of its last fiscal\\nyear prior to such filing, certified by an independent public accountant\\nor certified under oath by one of its principal officers, a partner or\\nthe proprietor.\\n 8. A statement of its total gross receipts from its business in this\\nstate as a trading stamp company during such last fiscal year, certified\\nby an independent public accountant or certified under oath by one of\\nits principal officers, a partner or the proprietor, unless the\\nprincipal sum of the bond hereinafter required is the maximum amount\\nrequired under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "574", "title" : "Registration fee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "574", "activeDate" : "2014-09-22", "sequenceNo" : 984, "repealedDate" : null, "fromSection" : "574", "toSection" : "574", "text" : " § 574. Registration fee. The trading stamp company shall pay an annual\\nregistration fee of one hundred dollars to the secretary of state at the\\ntime of filing each registration statement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "575", "title" : "Bond required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "575", "activeDate" : "2014-09-22", "sequenceNo" : 985, "repealedDate" : null, "fromSection" : "575", "toSection" : "575", "text" : " § 575. Bond required. 1. At the time of filing each registration\\nstatement, the trading stamp company must also file with the secretary\\nof state a bond payable to the people of the state of New York and duly\\nexecuted by the company and a corporate surety qualified to do business\\nin this state; such bond shall be conditioned upon the performance by\\nthe trading stamp company of its obligation to redeem trading stamps\\nissued by retailers in this state when they are duly presented for\\nredemption by the rightful holders.\\n 2. The principal sum of the bond required by this article shall be as\\nfollows: if the company has not previously done business as a trading\\nstamp company in this state, or if the company's gross receipts from\\nsuch business during its last fiscal year was not in excess of one\\nhundred thousand dollars the principal sum shall be ten thousand\\ndollars; for each additional one hundred thousand dollars, or fraction\\nthereof, of gross receipts from such business in this state, an\\nadditional ten thousand dollars, but such bond shall not exceed one\\nhundred fifty thousand dollars.\\n 3. On the effective date of each new bond, any and all liability on\\nall bonds previously filed under this article shall terminate, and all\\nrightful holders of trading stamps who prosecute their claims under this\\narticle shall prosecute such claims solely against the new bond and only\\nby filing proofs of claim with the secretary of state in the manner\\nprovided in this article.\\n 4. In lieu of the bond required by this section, the trading stamp\\ncompany may post with the secretary of state (a) money equal to the\\namount of the bond otherwise required or (b) securities equal to one\\nhundred twenty percent of the bond otherwise required. Such securities\\nshall be of the same kinds and classes as those in which the comptroller\\nmay invest the funds of the state pursuant to section ninety-eight of\\nthe state finance law, or in which a fiduciary may invest funds he holds\\nfor investment pursuant to subparagraphs A through I of subparagraph (1)\\nof paragraph (a) of section 11-2.2 of the Estates, Powers and Trusts\\nLaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "576", "title" : "Claims by rightful holders of trading stamps", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "576", "activeDate" : "2014-09-22", "sequenceNo" : 986, "repealedDate" : null, "fromSection" : "576", "toSection" : "576", "text" : " § 576. Claims by rightful holders of trading stamps. 1. If a trading\\nstamp company defaults in the redemption of its stamps when they are\\nduly presented for redemption by residents of this state who are the\\nrightful holders of such stamps, all such holders of such trading\\nstamps, including retailers in possession of such stamps for issuance to\\ncustomers, shall be entitled to make claim against such bond. Any such\\nrightful holder of trading stamps may, after such default, file a\\ncomplaint with the secretary of state, who shall forthwith make a\\ndetermination whether there has been a default. If said secretary\\ndetermines that there has been a default, he shall give notice of such\\ndetermination to the company and, if such default is not corrected\\nwithin ten days, he shall publish notice of such default in three\\nconsecutive publications of one or more newspapers having general\\ncirculation throughout this state and therein require that proof of all\\nclaims for redemption of the trading stamps of such company be filed\\nwith him, together with the trading stamps upon which the claim is\\nbased, within six months after the date of the first such publication.\\nThe secretary of state shall acknowledge receipt of all trading stamps\\nsubmitted with such claims and determine the validity of all claims so\\nfiled promptly after the expiration of such period. Thereupon the\\nsecretary shall be paid by the surety such amount, not exceeding the\\nprincipal sum of the bond, as shall be necessary to satisfy all valid\\nclaims so filed. The secretary shall promptly thereafter make an\\nequitable distribution of the proceeds of the bond to such claimants and\\nshall destroy the trading stamps so surrendered.\\n 2. The assertion of a claim by holders of trading stamps against the\\nbond of a defaulting trading stamp company pursuant to this section\\nshall not affect or impair any other rights or remedies such holders may\\nhave against such company under any other statute or at common law. In\\nthe pursuit of any such right or remedy, the receipt issued by the\\nsecretary of state for trading stamps received in connection with such\\nclaims asserted pursuant to this section shall be evidence that persons\\nhaving such receipts were holders of such stamps prior to their\\nsurrender to the secretary.\\n 3. The costs and other charges incurred by the secretary of state in\\nperforming the duties set forth in this section shall constitute a\\nproper charge against the trading stamp company which has defaulted, or,\\nin the event of the trading stamp company's failure to pay, against the\\nbond filed by that company, and shall constitute a prior claim against\\nsuch company or such bond, except that in no event shall the surety be\\nliable for such charge and all other valid claims as an aggregate in\\nexcess of the principal sum of the bond.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "577", "title" : "Notice of intention to suspend or cease redemption of stamps", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "577", "activeDate" : "2014-09-22", "sequenceNo" : 987, "repealedDate" : null, "fromSection" : "577", "toSection" : "577", "text" : " § 577. Notice of intention to suspend or cease redemption of stamps.\\nNo trading stamp company shall cease or suspend the redemption of\\ntrading stamps in this state without filing with the secretary of state\\nat least ninety days' prior written notice of its intention to do so and\\nconcurrently mailing a copy of such notice to each retailer within this\\nstate which has at any time theretofore within one year issued trading\\nstamps which the trading stamp company is obligated to redeem.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "578", "title" : "Pre-emption by state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "578", "activeDate" : "2014-09-22", "sequenceNo" : 988, "repealedDate" : null, "fromSection" : "578", "toSection" : "578", "text" : " § 578. Pre-emption by state. The regulation of trading stamp companies\\nand trading stamps, including the advertising, issuance and redemption\\nthereof, shall be governed solely by the provisions of this article and\\nno local laws or ordinances shall be promulgated with respect thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "579", "title" : "Violation a misdemeanor; injunction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "579", "activeDate" : "2014-09-22", "sequenceNo" : 989, "repealedDate" : null, "fromSection" : "579", "toSection" : "579", "text" : " § 579. Violation a misdemeanor; injunction. 1. Any person or trading\\nstamp company violating any provision of this article shall be guilty of\\na misdemeanor punishable by a fine of not more than five hundred\\ndollars.\\n 2. The supreme court of this state shall have jurisdiction in equity\\non the complaint of the attorney general to restrain and enjoin the\\nviolation of any provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-F", "title" : "Going Out of Business Sales", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-F", "activeDate" : "2014-09-22", "sequenceNo" : 990, "repealedDate" : null, "fromSection" : "580", "toSection" : "596", "text" : " ARTICLE 29-F\\n GOING OUT OF BUSINESS SALES\\nSection 580. Purpose and intent.\\n 581. Definitions.\\n 582. Unlawful advertisement.\\n 583. Application requirements.\\n 584. Exceptions.\\n 585. Branch stores and warehouses.\\n 586. Substitution, addition and commingling of goods; license\\n void; certain purchases prohibited.\\n 587. Investigation of application; grounds for denial;\\n revocation of license.\\n 588. Appeal from denial or revocation of license.\\n 589. Copy of application; inventory and license to be posted;\\n license to be referred to in advertisements.\\n 590. Duration of sale; license fee.\\n 591. Opening of a similar business.\\n 592. Records.\\n 593. Injunctions.\\n 594. Penalties.\\n 595. Application of article.\\n 596. Saving clause.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "580", "title" : "Purpose and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "580", "activeDate" : "2014-09-22", "sequenceNo" : 991, "repealedDate" : null, "fromSection" : "580", "toSection" : "580", "text" : " § 580. Purpose and intent. It is hereby determined and declared that\\nsales to be licensed and regulated pursuant to the provisions of this\\narticle have often been conducted and advertised in such a manner as to\\nmislead and defraud the public and otherwise to result in harm to the\\npublic interest. Such fraud and imposition on the public has included,\\nby way of partial enumeration only: the misrepresentation of the\\ncondition or necessity which is the occasion of such sale; the\\nmisrepresentation of the identity of the person conducting such sale,\\nand the name and style in which such sale is to be conducted; the\\nmisrepresentation that the goods offered at such sale are selling at\\nsacrifice prices; the misrepresentation that the operator of the sale is\\nselling merchandise on hand at the time when the necessity, which is the\\noccasion of such sale, arose, when in fact he is replenishing his stock\\nwith additional merchandise both prior to the commencement and during\\nthe conduct of such sale so as to foist upon the public such added\\nmerchandise as though it were part of the original stock; and the\\nexcessive valuation and misrepresentation of the quality, former price\\nand ownership of the goods to be sold at such sale. In order to prevent\\nsuch fraud and imposition, the public interest requires the regulation\\nof such sales and the duration and conduct thereof; and the public\\ninterest, therefore requires that no such sale should be conducted\\nwithout a license or otherwise than in accordance with this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "581", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "581", "activeDate" : "2014-09-22", "sequenceNo" : 992, "repealedDate" : null, "fromSection" : "581", "toSection" : "581", "text" : " § 581. Definitions. (a) The term \"closing out sale\" shall include, but\\nnot be limited to, all sales advertised, represented, or held forth\\nunder the designation of \"quitting business,\" \"going out of business,\"\\n\"discontinuance of business,\" \"closing out,\" \"selling out,\"\\n\"liquidation,\" \"lost our lease,\" \"must vacate,\" \"forced out,\" \"removal,\"\\n\"branch store discontinuance sale,\" \"building coming down,\" \"end,\"\\n\"final days,\" \"final clearance,\" \"last days,\" \"lease expires,\" \"we give\\nup sale,\" \"we quit sale,\" \"warehouse closing sale,\" \"warehouse removal\\nsale,\" \"reorganization sale,\" or any other advertising or designation by\\nany other expression or characterization similar to any of the foregoing\\ngiving notice to the public that the sale will precede the abandonment\\nof a business location.\\n (b) The term \"sale of goods damaged by fire, smoke or water\" shall\\ninclude, but not be limited to, all sales advertised, represented or\\nheld forth under the designation of \"fire sale,\" \"smoke damage sale,\"\\n\"water damage sale,\" \"flood damage sale,\" \"insurance sale,\" or any other\\nadvertising or designation by any other expression or characterization\\nsimilar to any of the foregoing giving notice to the public that the\\ngoods, wares or merchandise offered for sale have been damaged.\\n (c) The term \"defunct business sale\" shall include, but not be limited\\nto, all sales advertised, represented or held forth under the\\ndesignation of \"adjuster's sale,\" \"administrator's sale,\" \"assignee's\\nsale,\" \"bankrupt sale,\" \"bankrupt stock sale,\" \"benefit of\\nadministrator's sale,\" \"benefit of creditor's sale,\" \"benefit of\\ntrustee's sale,\" \"creditor's committee sale,\" \"creditor's sale,\"\\n\"executor's sale,\" \"insolvent sale,\" \"mortgage sale,\" \"receiver's sale,\"\\n\"trustee's sale,\" or any other advertising or designation by any other\\nexpression or characterization similar to any of the foregoing conveying\\nthe same meaning or giving notice to the public of a sale resulting from\\ndeath, business failure, or other adversity.\\n (d) \"Unusual purchase or addition\" shall mean any purchase of goods,\\nwares or merchandise during the ninety days preceding the application\\nfor a license, the total value of which is at least twenty-five per cent\\ngreater than purchases made by the applicant for a like ninety-day\\nperiod during the year next preceding the year in which the application\\nis made or the total value of which is at least twenty-five per cent\\ngreater than the purchases made by the applicant for any ninety-day\\nperiod if the applicant has been in business for less than one year.\\n (e) \"Person\" shall mean any individual, partnership, association, firm\\nor corporation.\\n (f) \"Licensee\" shall mean any person granted a license pursuant to the\\nprovisions of this article.\\n (g) \"Licensing authority\" shall mean that department or officer of any\\ncity, town or village established for the specific purpose of issuing\\nlicenses, and where there is no such department or officer, it shall\\nmean the clerk of such city, town or village.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "582", "title" : "Unlawful advertisement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "582", "activeDate" : "2014-09-22", "sequenceNo" : 993, "repealedDate" : null, "fromSection" : "582", "toSection" : "582", "text" : " § 582. Unlawful advertisement. It shall be unlawful for any person to\\nadvertise or hold out by any means that the sale of any goods, wares or\\nmerchandise to the public is a \"closing out sale,\" \"a sale of goods\\ndamaged by fire, smoke or water,\" or a \"defunct business sale,\" unless a\\nlicense is first obtained to conduct such a sale from the licensing\\nauthority of the appropriate city, town or village in which such sale is\\nto be held.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "583", "title" : "Application requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "583", "activeDate" : "2014-09-22", "sequenceNo" : 994, "repealedDate" : null, "fromSection" : "583", "toSection" : "583", "text" : " § 583. Application requirements. (a) Any person desiring to conduct\\nany sale as defined in section five hundred eighty-one shall make a\\nwritten application under oath to the licensing authority of the\\nappropriate city, town or village in which the sale is to be held.\\n (b) If the application is for a \"closing out sale\" or a \"defunct\\nbusiness sale,\" it shall be filed at least fifteen days prior to the\\ndate on which such sale is to commence.\\n (c) If the application is for a \"sale of goods damaged by fire, smoke\\nor water,\" it may be made at any time prior to the date on which such\\nsale is to commence.\\n (d) Such application shall set forth and contain the following\\ninformation: (1) The name and address of the applicant, whether the\\napplicant is the true owner of the goods, wares or merchandise to be\\nsold, and if the applicant be a partnership, the names and addresses of\\nall partners, or if the applicant be a corporation or association, the\\ndate and place of incorporation or organization, the address of the\\nprincipal office within the state, the names and addresses of all the\\nofficers of the applicant and whether controlling interest in the\\ncorporation or association was transferred within six months prior to\\nthe date of the filing of the application.\\n (2) The name and address of the person or persons who will be in\\ncharge and responsible for the conduct of such sale.\\n (3) The exact address of the place at which the proposed sale is to be\\nconducted and the length of time the applicant has been engaged in\\nbusiness at such location.\\n (4) The date on which it is proposed to begin the sale.\\n (5) The nature of the occupancy where such sale is to be held, whether\\nby lease or otherwise, and the effective date of termination of such\\noccupancy.\\n (6) The reason for the urgent and expeditious disposal of the goods,\\nwares or merchandise to be offered at such sale.\\n (7) A statement of the descriptive name of the sale.\\n (8) If the application is for a \"closing out sale\" or a \"defunct\\nbusiness sale,\" a statement whether the business is to be terminated\\npermanently or reopened at another location; the location of the\\npremises at which the business is to be reopened; whether the applicant\\nintends to resume the operation of the business upon the termination of\\nthe sale; and the name or designation under which such business is to be\\nresumed.\\n (9) A full, complete, detailed, and itemized inventory of the goods,\\nwares, and merchandise to be offered at such sale as disclosed by\\napplicant's records, which inventory shall:\\n (i) Itemize the goods, wares and merchandise to be offered for sale\\nand contain sufficient information concerning each item, including\\nquantity, make, brand name, model and manufacturer's number, if any, to\\nclearly identify it;\\n (ii) List separately any goods, wares and merchandise to be offered\\nfor sale which were purchased and received during a ninety-day period\\nimmediately prior to the date of making application for the license;\\n (iii) List the total retail value of the inventory of goods, wares and\\nmerchandise to be offered at such sale based on the inventory used for\\napplicant's most recent federal income tax return adjusted for sales and\\npurchases.\\n (10) If the application is for a license to conduct a \"sale of goods\\ndamaged by fire, smoke, or water\" and the applicant was not the owner at\\nthe time when the goods, wares and merchandise to be offered at the\\ncontemplated sale were damaged, he shall attach to the said application\\ncopies of the bill of sale and all other documents connected with such\\ntransfer obtained by him from the previous owner of such goods, wares\\nand merchandise.\\n (11) If the application is for a license to conduct a \"defunct\\nbusiness sale,\" and the applicant was not the owner of the goods, wares\\nand merchandise to be offered at the contemplated sale at the time of\\noccurrence of the circumstances warranting the termination of such\\nbusiness, he shall attach to the application copies of the bill of sale\\nand the official appraisal made by the trustee, receiver, assignee for\\nbenefit of creditors, referee in bankruptcy, or the personal\\nrepresentative of a decedent.\\n (12) A statement that no goods, wares and merchandise will be added to\\nthe inventory after the application is made.\\n (13) A statement that all goods, wares and merchandise included in\\nsuch inventory have been purchased by the applicant for resale on orders\\nwithout cancellation privileges and that said inventory comprises no\\ngoods, wares and merchandise purchased on consignment.\\n (14) A statement that no goods, wares and merchandise listed in the\\ninventory have been the subject of a licensed sale conducted within one\\nyear prior to the date of the application, unless they were damaged by\\nfire, smoke, or water while in the possession of the applicant.\\n (e) Upon compliance with the foregoing and subject to the provisions\\nof subdivision (a) of section five hundred eighty-seven, the licensing\\nauthority of the appropriate city, town or village in which the sale is\\nto be held shall, within forty-eight hours after submission of the\\napplication to it, exclusive of Saturdays, Sundays and public holidays,\\nissue a license to conduct the sale which is the subject of the\\napplication.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "584", "title" : "Exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "584", "activeDate" : "2014-09-22", "sequenceNo" : 995, "repealedDate" : null, "fromSection" : "584", "toSection" : "584", "text" : " § 584. Exceptions. The provisions of this article shall not apply to\\nany sale advertised as an \"alteration sale,\" \"remodeling sale,\"\\n\"clearance sale,\" \"surplus stock liquidation sale,\" \"floor sample sale,\"\\n\"inventory reduction sale,\" \"special purchase sale,\" or any other\\nadvertising or designation by any other expression or characterization\\nsimilar to any of the foregoing giving notice to the public that the\\nsale will not precede the abandonment of a business location, nor shall\\nthis article apply to the following persons:\\n (a) Persons acting pursuant to an order or process of a court of\\ncompetent jurisdiction;\\n (b) Persons who are required to file an accounting with a court of\\ncompetent jurisdiction;\\n (c) Persons acting in accordance with their powers and duties as\\npublic officers;\\n (d) Any publisher or employee of a newspaper, magazine, or any\\noperator or employee of a radio or television broadcasting station, who\\npublishes or broadcasts any such advertisement in good faith without\\nknowledge of its false, deceptive and misleading character, or without\\nknowledge that the provisions of this article have not been complied\\nwith;\\n (e) Any duly licensed auctioneer, selling at auction;\\n (f) Any insurance corporation, or any association, firm or\\ncorporation, the controlling interest in which is owned by any insurance\\ncorporation or corporations, which, pursuant to the terms of a policy or\\npolicies of insurance, acquires title in or to any goods, wares or\\nmerchandise damaged by fire, smoke, water or otherwise, and which\\nadvertises and sells such goods, wares and merchandise as salvage.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "585", "title" : "Branch stores and warehouses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "585", "activeDate" : "2014-09-22", "sequenceNo" : 996, "repealedDate" : null, "fromSection" : "585", "toSection" : "585", "text" : " § 585. Branch stores and warehouses. If the applicant for a license\\nhereunder owns, conducts or operates more than one store, or a warehouse\\nin connection with such store or stores, the license issued will apply\\nonly to the one store or warehouse for which it was issued, and no other\\nstore, branch or warehouse may advertise or represent in any way that it\\nis cooperating with or participating in any way in the licensed sale,\\nnor shall a store licensed pursuant to this article or any person\\nadvertise or represent that any other store or warehouse is cooperating\\nwith or participating in the licensed sale. The licensed sale conducted\\nby any store of a chain or group of stores shall be conducted solely at\\nthe location of the store for which the license was issued and no goods,\\nwares or merchandise shall be brought from any other store and placed on\\nsale at the store licensed pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "586", "title" : "Substitution, addition and commingling of goods; license void; certain purchases prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "586", "activeDate" : "2014-09-22", "sequenceNo" : 997, "repealedDate" : null, "fromSection" : "586", "toSection" : "586", "text" : " § 586. Substitution, addition and commingling of goods; license void;\\ncertain purchases prohibited. (a) Any substitution for or addition to\\ngoods described in an inventory filed pursuant to this article, or any\\nchange in the time or place of a sale conducted pursuant thereto, shall\\nbe unlawful and any license issued for such sale shall thereupon become\\nvoid.\\n (b) Where an applicant, conducting a sale licensed under this article,\\nalso conducts a business of selling other goods, wares or merchandise\\nnot included in the inventory accompanying the application, the goods,\\nwares and merchandise to be sold at such sale shall be clearly and\\ndistinctly segregated, marked or identified, and advertised, if at all,\\nso that, both on display and in advertising, such goods, wares and\\nmerchandise may be readily distinguished from other goods, wares and\\nmerchandise and their identity readily ascertained. Any commingling of\\nsuch goods, wares and merchandise with other goods, wares and\\nmerchandise of the licensee in such a manner as to cause them to lose\\ntheir separate identity, either on display or in advertising, shall be\\nunlawful and any license issued pursuant for such sale shall thereupon\\nbecome void.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "587", "title" : "Investigation of application; grounds for denial; revocation of license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "587", "activeDate" : "2014-09-22", "sequenceNo" : 998, "repealedDate" : null, "fromSection" : "587", "toSection" : "587", "text" : " § 587. Investigation of application; grounds for denial; revocation of\\nlicense. (a) Upon receipt of the application, the licensing authority of\\nthe appropriate city, town or village in which such sale is to be held\\nmay make or cause to be made an examination into any or all the facts\\ncontained in the application and inventory in relation to the proposed\\nsale. A license shall be denied or refused if any one or more of the\\nfollowing facts or circumstances is found to exist:\\n (1) That the applicant is not the true owner of the goods, wares and\\nmerchandise to be sold.\\n (2) That the applicant has not been the owner of the business\\nadvertised or described in the application for a license hereunder for a\\nperiod of at least six months prior to the date of the application, or,\\nif the applicant be a corporation or association, controlling interest\\nin the corporation or association had been transferred within six months\\nprior to the date of the application for a license hereunder, except-\\n (i) Where the application is for a license for a \"sale of goods\\ndamaged by fire, smoke, or water,\" or a \"defunct business sale,\" and the\\ninventory listed in the application contains only those goods, wares or\\nmerchandise which were on the premises at the time of the occurrence of\\nthe circumstances warranting the granting of a license hereunder;\\n (ii) Upon the death of a person doing business in the state, the\\nrepresentatives of his estate, or his or her heirs, distributees,\\ndevisees, legatees, or their successors and assignees, shall have the\\nright to apply at anytime for a license hereunder;\\n (iii) Where a business is required or compelled to be discontinued\\nbecause the premises upon which it is being conducted have been taken by\\neminent domain or because the premises must be vacated pursuant to legal\\nor judicial proceedings.\\n (3) That in the case of a \"closing out sale,\" the applicant, either as\\nowner, partner, member of an association, or principal stockholder of a\\ncorporation, was granted a prior license hereunder within one year\\npreceding the date of the filing of the application, or the applicant,\\nwithin one year prior to the date of filing of the application, has\\nconducted a sale in connection with which he advertised or represented\\nthat the entire business conducted at the particular location for which\\nthe license is sought was to be closed out or terminated.\\n (4) That the inventory contains goods, wares or merchandise not\\npurchased by the applicant for resale on bona fide orders without\\ncancellation privileges.\\n (5) That the inventory contains goods, wares or merchandise purchased\\nby the applicant on consignment, except if the consigned goods, wares or\\nmerchandise have been damaged while in the applicant's actual\\npossession.\\n (6) That the applicant has within one year prior to the filing of the\\napplication been convicted of a violation of this act.\\n (7) That the goods, wares or merchandise as described in the inventory\\nwere transferred or assigned to the applicant prior to the date of the\\nfiling of the application and that said transfer or assignment was not\\nmade for a valuable and adequate consideration.\\n (8) That in the case of a \"closing out sale\" or a \"defunct business\\nsale,\" the inventory contains goods, wares or merchandise purchased by\\nthe applicant or added to his stock in contemplation of such sale and\\nfor the purpose of selling the same at such sale. Any unusual purchase\\nor addition shall be presumptive evidence that such purchase or\\nadditions were made in contemplation of such sale and for the purpose of\\nselling the same at such sale.\\n (9) That any representation made in the application is knowingly\\nfalse.\\n (b) Revocation. The licensing authority shall revoke any license\\ngranted under the provisions of this article if, after investigation, it\\nshall determine:\\n (1) That any sale by the applicant has been or is being conducted in\\nviolation of any provision of this article, or;\\n (2) That the applicant has made any material misstatement in his\\napplication for said license, or;\\n (3) That the applicant has knowingly failed to include in the\\ninventory, filed with this application, all goods, wares or merchandise\\nrequired to be contained in such inventory, or;\\n (4) That the applicant has added or permitted to be added to said sale\\nor offered or permitted to be offered at said sale, any goods, wares or\\nmerchandise not described in the original application and inventory, or;\\n (5) That the applicant made or permitted to be made any false,\\nmisleading or deceptive statements, whether written or oral, in\\nadvertising said sale, or in displaying, ticketing, or pricing goods,\\nwares or merchandise offered for sale.\\n (c) Any complaint filed with the licensing authority concerning any\\nviolation of this article shall be in writing and duly verified by the\\ncomplainant.\\n (d) If the licensing authority shall revoke any license pursuant to\\nthe provisions of subsection (b), it shall serve notice of such\\nrevocation upon the licensee within twenty-four hours of the revocation.\\nNotice of revocation shall be served on the licensee in the same manner\\nas a summons as prescribed by the civil practice law and rules or by\\nregistered or certified mail, return receipt requested. The failure of\\nthe licensee to discontinue said sale upon receipt of such notice shall\\nconstitute a violation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "588", "title" : "Appeal from denial or revocation of license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "588", "activeDate" : "2014-09-22", "sequenceNo" : 999, "repealedDate" : null, "fromSection" : "588", "toSection" : "588", "text" : " § 588. Appeal from denial or revocation of license. Any applicant for\\na license who is aggrieved by the denial or revocation of a license may\\napply to the supreme court in the judicial district in which the place\\nof the proposed sale is located for a review of such denial or\\nrevocation by a proceeding under article seventy-eight of the civil\\npractice law and rules. Such proceeding shall be instituted within\\nthirty days of the date of the receipt of such denial or revocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "589", "title" : "Copy of application; inventory and license to be posted; license to be referred to in advertisements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "589", "activeDate" : "2014-09-22", "sequenceNo" : 1000, "repealedDate" : null, "fromSection" : "589", "toSection" : "589", "text" : " § 589. Copy of application; inventory and license to be posted;\\nlicense to be referred to in advertisements. A copy of the application\\nfor a license to conduct a sale under this article, including the\\ninventory filed therewith, shall be posted in a conspicuous place in the\\nsales room or place where the inventoried goods, wares or merchandise\\nare to be sold, so that the public may be informed of the facts relating\\nto such goods, wares and merchandise before purchasing them. Any\\nadvertisement or announcement published in connection with the sale\\nshall conspicuously show on its face the number of the license, the date\\nof its expiration, and if applicable, the location where the business is\\nto be resumed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "590", "title" : "Duration of sale; license fee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "590", "activeDate" : "2014-09-22", "sequenceNo" : 1001, "repealedDate" : null, "fromSection" : "590", "toSection" : "590", "text" : " § 590. Duration of sale; license fee. (a) A license to conduct a sale\\nissued pursuant to this article shall be good for no more than a period\\nof thirty consecutive calendar days and may be renewed for one\\nconsecutive period not exceeding thirty consecutive calendar days upon\\nthe affidavit of the applicant that the goods, wares and merchandise\\nlisted in the inventory have not been disposed of and that no new goods,\\nwares and merchandise have been or will be added to the inventory\\npreviously filed pursuant to this article by purchase, acquisition, on\\nconsignment or otherwise. The application for renewal shall be made not\\nmore than ten days prior to the date of the expiration of the license\\nand shall contain an inventory of the goods, wares and merchandise\\nremaining on hand at the time the application for renewal is made, which\\ninventory shall be prepared and furnished in the same manner and form as\\nthe original inventory. The licensing authority of the appropriate\\ncity, town or village in which such sale is to be conducted shall\\nreceive from the applicant for such license, upon the filing of an\\napplication therefor, a fee of five hundred dollars, and upon the\\nrenewal thereof, a fee of fifty dollars. The applicant shall not be\\nentitled to a refund of the fee paid if said application is revoked.\\n (b) Any person desiring to conduct any sale defined in subdivision (a)\\nof section five hundred eighty-one of this article shall place the fees\\nprescribed in subdivision (a) of this section with the licensing\\nauthority, all except seventy-five dollars of which shall be returned to\\nsuch person provided the store is closed within sixty days of the\\nreceipt of such a license. In the event that the person going out of\\nbusiness and which is holding the closing out sale does not close his\\ndoors within sixty days of the receipt of such a license, the applicant\\nshall not be entitled to a refund of such fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "591", "title" : "Opening of a similar business", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "591", "activeDate" : "2014-09-22", "sequenceNo" : 1002, "repealedDate" : null, "fromSection" : "591", "toSection" : "591", "text" : " § 591. Opening of a similar business. Opening of a business similar to\\nthe one for which the sale, licensed pursuant to this article, was\\nconducted, except the licensed \"sale of goods damaged by fire, smoke or\\nwater,\" by the person, partnership, association, corporation, or partner\\nof a partnership, officer of an association or principal stockholder of\\na corporation, who or which conducted the sale upon the same premises\\nwithin a period of one year of the termination of the sale, shall\\nconstitute a violation of this article, and every day in which business\\nis conducted within such period shall constitute a separate violation of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "592", "title" : "Records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "592", "activeDate" : "2014-09-22", "sequenceNo" : 1003, "repealedDate" : null, "fromSection" : "592", "toSection" : "592", "text" : " § 592. Records. (a) Suitable books and records concerning any sale\\nlicensed pursuant to this article shall be kept by the licensee for the\\nduration of the licensed sale and one year thereafter, and shall be open\\nfor inspection by the licensing authority of the appropriate city, town\\nor village in which such sale was held.\\n (b) Upon the termination of a sale licensed hereunder the applicant\\nshall, within thirty days of such termination, file a statement with the\\nlicensing authority of the appropriate city, town or village in which\\nthe sale was held stating the total retail value of the goods, wares or\\nmerchandise not disposed of during the sale and the ultimate disposition\\nthereof and, if transferred to another, the name, address and business,\\nif any, of the transferee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "593", "title" : "Injunctions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "593", "activeDate" : "2014-09-22", "sequenceNo" : 1004, "repealedDate" : null, "fromSection" : "593", "toSection" : "593", "text" : " § 593. Injunctions. Upon application by the licensing authority of the\\nappropriate city, town or village in which a \"closing out sale,\" \"a sale\\nof goods damaged by fire, smoke or water,\" or a \"defunct business sale\"\\nis being held, the supreme court of the county wherein a violation of\\nthis act occurred may restrain and enjoin any act forbidden or declared\\nillegal by any provision of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "594", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "594", "activeDate" : "2014-09-22", "sequenceNo" : 1005, "repealedDate" : null, "fromSection" : "594", "toSection" : "594", "text" : " § 594. Penalties. Any person violating any provision of this article\\nshall be guilty of an unclassified misdemeanor punishable by a fine of\\ntwo hundred fifty dollars or imprisonment for one year or both, and each\\nday upon which any sale is conducted in violation of this article shall\\nbe a separate violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "595", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "595", "activeDate" : "2014-09-22", "sequenceNo" : 1006, "repealedDate" : null, "fromSection" : "595", "toSection" : "595", "text" : " § 595. Application of article. This article shall apply only to any\\ncity, town or village having a population of less than one million.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "596", "title" : "Saving clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "596", "activeDate" : "2014-09-22", "sequenceNo" : 1007, "repealedDate" : null, "fromSection" : "596", "toSection" : "596", "text" : " § 596. Saving clause. If any section or provision of this article\\nshall at any time be declared to be unconstitutional, it is the\\nexpressed legislative intent that no other section or provision hereof\\nbe thereby affected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-G", "title" : "Receipts For Personal Property", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-G", "activeDate" : "2014-09-22", "sequenceNo" : 1008, "repealedDate" : null, "fromSection" : "597", "toSection" : "598", "text" : " ARTICLE 29-G\\n RECEIPTS FOR PERSONAL PROPERTY\\nSection 597. Receipts for personal property being repaired, rebuilt or\\n reconditioned.\\n 598. Penalty for violation.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "597", "title" : "Receipts for personal property being repaired, rebuilt or reconditioned", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "597", "activeDate" : "2014-09-22", "sequenceNo" : 1009, "repealedDate" : null, "fromSection" : "597", "toSection" : "597", "text" : " § 597. Receipts for personal property being repaired, rebuilt or\\nreconditioned. An owner, employee or person in charge of a personal\\nservice business including but not limited to laundries, dry cleaners,\\nshoemakers, radio and television repair shops, electrical appliance\\nrepair dealers, and other appliance repair dealers must issue upon the\\ndemand of the customer an itemized receipt for all articles left in his\\ncustody or possession.\\n This section shall only apply in cases where such articles are\\ndelivered by the customer to the place of business of such personal\\nservice business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "598", "title" : "Penalty for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "598", "activeDate" : "2014-09-22", "sequenceNo" : 1010, "repealedDate" : null, "fromSection" : "598", "toSection" : "598", "text" : " § 598. Penalty for violation. A wilfull refusal to issue such receipt\\nwhen requested by said customer, shall constitute an offense punishable\\nby a fine not to exceed twenty-five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-GG", "title" : "Sale of Traffic Control Devices", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-GG", "activeDate" : "2014-09-22", "sequenceNo" : 1011, "repealedDate" : null, "fromSection" : "599", "toSection" : "599-E", "text" : " ARTICLE 29-GG\\n SALE OF TRAFFIC CONTROL DEVICES\\nSection 599. Definitions.\\n 599-a. Prohibition on sale.\\n 599-b. Certificate of approval.\\n 599-c. Penalties.\\n 599-d. Application of article.\\n 599-e. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "599", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "599", "activeDate" : "2014-09-22", "sequenceNo" : 1012, "repealedDate" : null, "fromSection" : "599", "toSection" : "599", "text" : " § 599. Definitions. Traffic control devices mean all signs, signals,\\nmarkings and devices not inconsistent with the vehicle and traffic law\\nplaced or erected by authority of a public body or official having\\njurisdiction for the purpose of regulating, warning or guiding traffic.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "599-A", "title" : "Prohibition on sale", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "599-A", "activeDate" : "2014-09-22", "sequenceNo" : 1013, "repealedDate" : null, "fromSection" : "599-A", "toSection" : "599-A", "text" : " § 599-a. Prohibition on sale. It shall be unlawful for any person,\\nfirm, association or corporation to sell, lease, or offer for sale or\\nhire for use in this state any traffic control device unless it conforms\\nto the current manual and specifications for a uniform system of\\ntraffic-control devices maintained by the department of transportation\\nor unless a certificate of approval has been issued by the commissioner\\nof transportation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "599-B", "title" : "Certificate of approval", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "599-B", "activeDate" : "2014-09-22", "sequenceNo" : 1014, "repealedDate" : null, "fromSection" : "599-B", "toSection" : "599-B", "text" : " § 599-b. Certificate of approval. Any person, firm, association or\\ncorporation desiring a certificate of approval of any traffic control\\ndevice not conforming to the current manual and specifications for a\\nuniform system of traffic-control devices shall submit to the department\\nof transportation one or more sets of each type of device for which\\napproval is desired or such plans, specifications, design information or\\ndata that the commissioner may require, in accordance with and together\\nwith the fee provided by the rules and regulations promulgated by the\\ncommissioner of transportation pursuant to this article. Upon a finding\\nby the commissioner that the use of any such traffic-control device is\\nnecessary, because there are no equivalent conforming devices, and\\nbecause such use is consistent with the safe regulation of traffic on\\nhighways within this state, he may issue a certificate of approval for\\nthe sale, lease or offer for sale or hire of any such device.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "599-C", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "599-C", "activeDate" : "2014-09-22", "sequenceNo" : 1015, "repealedDate" : null, "fromSection" : "599-C", "toSection" : "599-C", "text" : " § 599-c. Penalties. A violation of the provisions of section five\\nhundred ninety-nine-a of this chapter shall be punishable by a fine of\\nnot less than one hundred dollars and not to exceed one thousand\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "599-D", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "599-D", "activeDate" : "2014-09-22", "sequenceNo" : 1016, "repealedDate" : null, "fromSection" : "599-D", "toSection" : "599-D", "text" : " § 599-d. Application of article. This article shall not apply to the\\nsale, lease or offer for sale or hire to a city having a population in\\nexcess of one million.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "599-E", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "599-E", "activeDate" : "2014-09-22", "sequenceNo" : 1017, "repealedDate" : null, "fromSection" : "599-E", "toSection" : "599-E", "text" : " § 599-e. Rules and regulations. The commissioner of transportation\\nshall have the power to establish such rules and regulations to carry\\ninto effect the provisions of this article as he may deem necessary, and\\nto modify or amend such rules and regulations from time to time.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-H", "title" : "Debt Collection Procedures", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-01-04", "2021-10-15" ], "docLevelId" : "29-H", "activeDate" : "2019-01-04", "sequenceNo" : 1018, "repealedDate" : null, "fromSection" : "600", "toSection" : "603", "text" : " ARTICLE 29-H\\n DEBT COLLECTION PROCEDURES\\nSection 600. Definitions.\\n 601. Prohibited practices.\\n 601-a. Disclosure by principal creditors and/or debt collection\\n agencies.\\n 602. Violations and penalties.\\n 603. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "600", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-04", "2019-03-29", "2021-10-15", "2021-11-12", "2025-08-01" ], "docLevelId" : "600", "activeDate" : "2019-03-29", "sequenceNo" : 1019, "repealedDate" : null, "fromSection" : "600", "toSection" : "600", "text" : " § 600. Definitions. As used in this article, unless the context or\\nsubject matter otherwise requires: 1. \"Consumer claim\" means any\\nobligation of a natural person for the payment of money or its\\nequivalent which is or is alleged to be in default and which arises out\\nof a transaction wherein credit has been offered or extended to a\\nnatural person, and the money, property or service which was the subject\\nof the transaction was primarily for personal, family or household\\npurposes. The term includes an obligation of a natural person who is a\\nco-maker, endorser, guarantor or surety as well as the natural person to\\nwhom such credit was originally extended.\\n 2. \"Debtor\" means any natural person who owes or who is asserted to\\nowe a consumer claim.\\n 3. \"Principal creditor\" means any person, firm, corporation or\\norganization to whom a consumer claim is owed, due or asserted to be due\\nor owed, or any assignee for value of said person, firm, corporation or\\norganization.\\n 4. \"Debt collection agency\" shall mean a person, firm or corporation\\nengaged in business, the principal purpose of which is to regularly\\ncollect or attempt to collect debts: (a) owed or due or asserted to be\\nowed or due to another; or (b) obtained by, or assigned to, such person,\\nfirm or corporation, that are in default when obtained or acquired by\\nsuch person, firm or corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "601", "title" : "Prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-10-05", "2024-12-27" ], "docLevelId" : "601", "activeDate" : "2018-10-05", "sequenceNo" : 1020, "repealedDate" : null, "fromSection" : "601", "toSection" : "601", "text" : " § 601. Prohibited practices. No principal creditor, as defined by this\\narticle, or his agent shall:\\n 1. Simulate in any manner a law enforcement officer, or a\\nrepresentative of any governmental agency of the state of New York or\\nany of its political subdivisions; or\\n 2. Knowingly collect, attempt to collect, or assert a right to any\\ncollection fee, attorney's fee, court cost or expense unless such\\nchanges are justly due and legally chargeable against the debtor; or\\n 3. Disclose or threaten to disclose information affecting the debtor's\\nreputation for credit worthiness with knowledge or reason to know that\\nthe information is false; or\\n 4. Communicate or threaten to communicate the nature of a consumer\\nclaim to the debtor's employer prior to obtaining final judgment against\\nthe debtor. The provisions of this subdivision shall not prohibit a\\nprincipal creditor from communicating with the debtor's employer to\\nexecute a wage assignment agreement if the debtor has consented to such\\nan agreement; or\\n 5. Disclose or threaten to disclose information concerning the\\nexistence of a debt known to be disputed by the debtor without\\ndisclosing that fact; or\\n 6. Communicate with the debtor or any member of his family or\\nhousehold with such frequency or at such unusual hours or in such a\\nmanner as can reasonably be expected to abuse or harass the debtor; or\\n 7. Threaten any action which the principal creditor in the usual\\ncourse of his business does not in fact take; or\\n 8. Claim, or attempt or threaten to enforce a right with knowledge or\\nreason to know that the right does not exist; or\\n 9. Use a communication which simulates in any manner legal or judicial\\nprocess or which gives the appearance of being authorized, issued or\\napproved by a government, governmental agency, or attorney at law when\\nit is not; or\\n 10. Remotely disable a vehicle using a payment assurance device\\ndefined in paragraph sixty-a of subsection (a) of section 9-102 of the\\nuniform commercial code or by any other means in order to repossess a\\ndebtor's vehicle without first having given written notice of the\\npossible remote disabling of a vehicle in the method and timetable\\nagreed upon by the consumer and the creditor in the initial contract for\\nservices. The notice shall be mailed by registered or certified mail to\\nthe address at which the debtor will be residing on the expected date of\\nthe remote disabling of the vehicle. The notice shall be postmarked no\\nlater than ten days prior to the date on which the principal creditor or\\nhis agent obtains the right to remotely disable the vehicle; or\\n 11. If such principal creditor or agent sends more than fifty\\ninformation subpoenas per month, fail to keep complete records\\nconcerning all information subpoenas sent by such principal creditor or\\nagent. Such records shall be maintained for five years. Contemporaneous\\nrecords shall be kept that set forth with specificity the grounds for\\nsuch principal creditor or agent's reasonable belief, which must be\\ncertified and accompany each information subpoena pursuant to rule\\nfifty-two hundred twenty-four of the civil practice law and rules, that\\nthe party receiving the subpoena has in its possession information about\\nthe debtor that will assist the creditor in collecting his or her\\njudgement. In addition to any other penalty that may be imposed, failure\\nto maintain records in accordance with this subdivision shall subject\\nsuch principal creditor or agent to a civil penalty of not more than\\nfifty dollars per subpoena, up to a maximum of five thousand dollars per\\nviolation, in an action brought by the attorney general; or\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "601-A", "title" : "Disclosure by principal creditors and/or debt collection agencies", "docType" : "SECTION", "publishedDates" : [ "2019-01-04", "2019-03-29" ], "docLevelId" : "601-A", "activeDate" : "2019-03-29", "sequenceNo" : 1021, "repealedDate" : null, "fromSection" : "601-A", "toSection" : "601-A", "text" : " § 601-a. Disclosure by principal creditors and/or debt collection\\nagencies. No principal creditors and/or debt collection agencies shall\\nmake any representation that a person is required to pay the debt of a\\nfamily member in a way that contravenes with the Fair Debt Collection\\nPractices Act (15 USC § 1692 et seq.). In addition, the principal\\ncreditors and/or debt collection agencies shall not make any\\nmisrepresentation about the family member's obligation to pay such\\ndebts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "602", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-15", "2021-11-12" ], "docLevelId" : "602", "activeDate" : "2014-09-22", "sequenceNo" : 1022, "repealedDate" : null, "fromSection" : "602", "toSection" : "602", "text" : " § 602. Violations and penalties. 1. Except as otherwise provided by\\nlaw, any person who shall violate the terms of this article shall be\\nguilty of a misdemeanor, and each such violation shall be deemed a\\nseparate offense.\\n 2. The attorney general or the district attorney of any county may\\nbring an action in the name of the people of the state to restrain or\\nprevent any violation of this article or any continuance of any such\\nviolation.\\n 3. Any aggrieved person or entity served with more than fifty\\ninformation subpoenas per month by a principal creditor or his or her\\nagent shall also have a cause of action to challenge compliance with\\nsubdivision ten of section six hundred one of this article and/or the\\ncertification requirements of rule fifty-two hundred twenty-four of the\\ncivil practice law and rules. In such action, a successful plaintiff\\nshall be awarded ten dollars for each information subpoena served upon\\nsuch plaintiff where it is shown that the required certification for\\nsuch information subpoena was not made pursuant to rule fifty-two\\nhundred twenty-four of the civil practice law and rules, that the\\nrequired record for such information subpoena was not maintained\\npursuant to subdivision ten of section six hundred one of this article,\\nor that the specific grounds for the certification required to accompany\\nsuch information subpoena pursuant to rule fifty-two hundred twenty-four\\nof the civil practice law and rules were not reasonable. A successful\\nplaintiff may also be awarded court costs and attorney fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "603", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "603", "activeDate" : "2014-09-22", "sequenceNo" : 1023, "repealedDate" : null, "fromSection" : "603", "toSection" : "603", "text" : " § 603. Severability. If any provision of this article or the\\napplication thereof to any person or circumstances is held invalid the\\ninvalidity thereof shall not affect other provisions or applications of\\nthe article which can be given effect without the invalid provision or\\napplication, and to this and the provisions of this article are\\nseverable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-HH", "title" : "Debt Collection Procedures Related to Identity Theft", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-HH", "activeDate" : "2014-09-22", "sequenceNo" : 1024, "repealedDate" : null, "fromSection" : "604", "toSection" : "604-B", "text" : " ARTICLE 29-HH\\n DEBT COLLECTION PROCEDURES RELATED TO IDENTITY THEFT\\nSection 604. Definitions.\\n 604-a. Prohibited practices.\\n 604-b. Penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "604", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "604", "activeDate" : "2014-09-22", "sequenceNo" : 1025, "repealedDate" : null, "fromSection" : "604", "toSection" : "604", "text" : " § 604. Definitions. As used in this article, the following terms shall\\nhave the following meanings:\\n 1. \"Consumer claim\" means any obligation of a natural person for the\\npayment of money or its equivalent which is or is alleged to be in\\ndefault and which arises out of a transaction wherein credit has been\\noffered or extended to a natural person, and the money, property or\\nservice which was the subject of the transaction was primarily for\\npersonal, family or household purposes. Such term includes an obligation\\nof a natural person who is a co-maker, endorser, guarantor or surety as\\nwell as the natural person to whom such credit was originally extended.\\n 2. \"Debtor\" means any natural person who owes or who is asserted to\\nowe a consumer claim.\\n 3. \"Principal creditor\" means any person, firm, corporation or\\norganization to whom a consumer claim is owed, due or asserted to be due\\nor owed, or any assignee for value of such person, firm, corporation or\\norganization. Such term shall include any person, firm or corporation\\nengaged in business, the principal purpose of which is to regularly\\ncollect or attempt to collect debts obtained by or assigned to such\\nperson, firm or corporation, that are in default when obtained or\\nacquired by such person, firm or corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "604-A", "title" : "Prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08", "2023-01-06" ], "docLevelId" : "604-A", "activeDate" : "2014-09-22", "sequenceNo" : 1026, "repealedDate" : null, "fromSection" : "604-A", "toSection" : "604-A", "text" : " § 604-a. Prohibited practices. 1. Upon receipt from a debtor of the\\nfollowing, a principal creditor shall cease collection activities until\\ncompletion of the review provided in subdivision five of this section:\\n (a) a copy of a valid police report filed by the debtor alleging that\\nthe debtor is the victim of an identity theft crime, including, but not\\nlimited to, a violation of section 190.78, 190.79, 190.80, 190.81,\\n190.82 or 190.83 of the penal law, for the specific debt being collected\\nby the principal creditor; and\\n (b) the debtor's written statement that the debtor claims to be the\\nvictim of identity theft with respect to the specific debt being\\ncollected by the principal creditor.\\n 2. The written statement described in paragraph (b) of subdivision one\\nof this section shall consist of either of the following:\\n (a) a signed federal trade commission ID theft victim's affidavit; or\\n (b) a written statement that certifies that the representations are\\ntrue, correct, and contain no material omissions of fact to the best\\nknowledge and belief of the person submitting the certification. A\\nperson submitting such certification who declares as true any material\\nmatter pursuant to this subdivision that he or she knows to be false is\\nguilty of a misdemeanor. Such statement shall contain or be accompanied\\nby, the following, to the extent that such items are relevant to the\\ndebtor's allegation of identity theft with respect to the debt in\\nquestion:\\n (i) a statement that the debtor is a victim of identity theft;\\n (ii) a copy of the debtor's driver's license or identification card,\\nas issued by the state;\\n (iii) any other identification document that supports the statement of\\nidentity theft;\\n (iv) specific facts supporting the claim of identity theft, if\\navailable;\\n (v) any explanation showing that the debtor did not incur the debt;\\n (vi) any available correspondence disputing the debt after transaction\\ninformation has been provided to the debtor;\\n (vii) documentation of the residence of the debtor at the time of the\\nalleged debt. This may include copies of bills and statements, such as\\nutility bills, tax statements, or other statements from businesses sent\\nto the debtor, showing that the debtor lived at another residence at the\\ntime the debt was incurred;\\n (viii) a telephone number for contacting the debtor concerning any\\nadditional information or questions, or direction that further\\ncommunications to the debtor be in writing only, with the mailing\\naddress specified in the statement;\\n (ix) to the extent the debtor has information concerning who may have\\nincurred the debt, the identification of any person whom the debtor\\nbelieves is responsible; or\\n (x) an express statement that the debtor did not authorize the use of\\nthe debtor's name or personal information for incurring the debt.\\n 3. The certification required pursuant to subdivision two of this\\nsection shall be sufficient if it is in substantially the following\\nform:\\n \"I certify the representations made are true, correct, and contain no\\nmaterial omissions of fact.\\n_______________________ ________________________\"\\n (Date and Place) (Signature)\\n 4. If a debtor notifies a principal creditor orally that he or she is\\na victim of identity theft, the principal creditor shall notify the\\ndebtor, orally or in writing, that the debtor's claim must be in\\nwriting. If a debtor notifies a principal creditor in writing that he or\\nshe is a victim of identity theft, but omits information required\\npursuant to subdivision one of this section and the principal creditor\\ndoes not cease collection activities, the principal creditor shall\\nprovide written notice to the debtor of the additional information that\\nis required.\\n 5. Upon receipt of the complete statement and information described in\\nsubdivision one of this section, the principal creditor shall review and\\nconsider all of the information provided by the debtor and other\\ninformation relevant to the review. The principal creditor may\\nrecommence debt collection activities only upon making a good faith\\ndetermination based on all of the information provided by the debtor and\\nother information available to the principal creditor in its file or\\nfrom the creditor that the information does not establish that the\\ndebtor is not responsible for the specific debt in question. The\\nprincipal creditor's determination shall be made in a manner consistent\\nwith the provisions of 15 U.S.C.1692f(1). The debt collector shall\\nnotify the debtor in writing of that determination and the basis for\\nthat determination before proceeding with any further collection\\nactivities.\\n 6. No inference or presumption that the debt is valid or invalid, or\\nthat the debtor is liable or not liable for the debt, shall arise if the\\nprincipal creditor decides after the review described in subdivision\\nfive of this section to cease or recommence the debt collection\\nactivities. The exercise or non-exercise of rights under this section is\\nnot a waiver of any other right or defense of the debtor or debt\\ncollector.\\n 7. A principal creditor who ceases collection activities under this\\nsection and does not recommence those collection activities, shall\\nwithin five business days of the cessation of collection activities, do\\nthe following:\\n (a) if the principal creditor has furnished adverse information to a\\nconsumer credit reporting agency, notify the agency to delete that\\ninformation; and\\n (b) notify the creditor that debt collection activities have been\\nterminated based upon the debtor's claim of identity theft.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "604-B", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "604-B", "activeDate" : "2014-09-22", "sequenceNo" : 1027, "repealedDate" : null, "fromSection" : "604-B", "toSection" : "604-B", "text" : " § 604-b. Penalties. (a) Whenever there shall be a violation of this\\narticle, an application may be made by the attorney general in the name\\nof the people of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin or\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this section has occurred, the court may impose a civil\\npenalty of not less than five hundred dollars nor more than one thousand\\ndollars for each violation. In connection with any such proposed\\napplication, the attorney general is authorized to take proof and make a\\ndetermination of the relevant facts and to issue subpoenas in accordance\\nwith the civil practice law and rules.\\n (b) A principal creditor shall have no civil liability under this\\narticle if, within fifteen days either after discovering a violation\\nwhich is able to be cured, or after the receipt of a written notice of\\nsuch violation, the principal creditor notifies the debtor of the\\nviolation, and makes whatever adjustments or corrections are necessary\\nto cure the violation with respect to the debtor.\\n (c) No principal creditor shall be deemed to have violated the\\nprovisions of this article, if such person, firm, partnership,\\nassociation or corporation shows by a preponderance of the evidence that\\nthe violation was not intentional and resulted from a bona fide error\\nmade notwithstanding the maintenance of procedures reasonably adopted to\\navoid such error.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-I", "title" : "The Storage of Household Goods", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-I", "activeDate" : "2014-09-22", "sequenceNo" : 1028, "repealedDate" : null, "fromSection" : "605", "toSection" : "610", "text" : " ARTICLE 29-I\\n THE STORAGE OF HOUSEHOLD GOODS\\nSection 605. Short title.\\n 606. Definitions.\\n 607. Required disclosures.\\n 607-a Storage of furs.\\n 608. Unlawful detention of goods.\\n 609. Private right of action.\\n 610. Violation and penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "605", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "605", "activeDate" : "2014-09-22", "sequenceNo" : 1029, "repealedDate" : null, "fromSection" : "605", "toSection" : "605", "text" : " § 605. Short title. This article should be known and may be cited as\\nthe \"truth-in-storage\" act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "606", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "606", "activeDate" : "2014-09-22", "sequenceNo" : 1030, "repealedDate" : null, "fromSection" : "606", "toSection" : "606", "text" : " § 606. Definitions. Whenever used in this article:\\n (a) Warehouseman means a person engaged in the business of storing\\ngoods for hire.\\n (b) Storage of household goods means goods stored by a consumer bailor\\nwhich are used or bought for use primarily for personal, family or\\nhousehold purposes.\\n (c) Consumer bailor means a natural person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "607", "title" : "Required disclosures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "607", "activeDate" : "2014-09-22", "sequenceNo" : 1031, "repealedDate" : null, "fromSection" : "607", "toSection" : "607", "text" : " § 607. Required disclosures. 1. No warehouseman shall accept household\\ngoods for storage from a consumer bailor unless prior to accepting the\\ngoods, the consumer bailor is furnished with a written storage agreement\\nwhich shall be dated and signed by the consumer bailor and the\\nwarehouseman or his duly authorized agent, be written or printed in a\\nsize equal to at least ten-point bold type and which shall set forth the\\nfollowing information:\\n (a) Name and address of warehouseman and consumer bailor.\\n (b) Street address of warehouse where goods will be stored.\\n (c) The reasonably estimated monthly storage charge for the particular\\nhousehold goods to be stored expressed in dollars. The actual monthly\\ncharge shall not exceed the given estimate by more than ten percent.\\n (d) An itemization of other charges imposed or which may be imposed in\\nconnection with the storage, a description of each such charge, whether\\nthe charge is mandatory or optional, and the amount of each charge\\nexpressed in dollars. Where such charges can only be estimated, a\\nreasonable estimate must be set forth and the actual charges shall not\\nexceed such estimates by more than ten percent.\\n (e) An inventory by item number of all goods accepted for storage or\\nof the packages containing them together with a notation of the\\ncondition of each of the goods accepted; a statement that the bailor\\nshould review the condition noted for each of the goods before they are\\npicked up for storage to make sure that a proper description of the\\ncondition of each of the goods has been entered on the inventory; and a\\nstatement that the bailor before signing the storage agreement should\\nnote on it by item number any exception he may have as to the condition\\ndescriptions. The notation of the condition of the goods by the\\nwarehouseman or his agent shall be expressed in readily understandable\\nterms.\\n (f) A statement of any limitation of damages limiting the amount of\\nthe warehouseman's liability in case of loss or damage of the goods\\nsetting forth a specific liability per article or item of value per unit\\nof weight beyond which the warehouseman will not be liable; provided\\nthat if damages are so limited, a statement shall be included that such\\nliability may on the written request of the bailor at the time of\\nsigning such storage agreement or within a reasonable time thereafter be\\nincreased on part or all of the goods stored, in which event increased\\nrates may be charged based on such increased valuation. The rates\\ncharged for an increased valuation shall be set forth and a\\npre-addressed request form to enable the bailor to request an increased\\nvaluation shall be provided.\\n (g) Any other material terms and conditions of the storage\\ntransaction.\\n 2. Every storage agreement as required by this section shall include\\nthe business address and telephone number to be used by the consumer\\nbailor in making inquiries concerning the storage transaction.\\n 3. Every storage agreement as required by this section shall contain\\nthe following conspicuous notices:\\n Notice: The monthly storage charge and other charges stated in this\\n agreement are either the actual or reasonably estimated charges you\\n must pay. If the charges are estimated the final charges you will be\\n required to pay may not exceed the estimate by more than ten percent.\\n Notice: Storage charges do not include any charges for moving your\\n goods from your home to the warehouse or from the warehouse to your\\n home.\\n 4. When a warehouseman accepts household goods for storage on behalf\\nof a consumer bailor after a warrant of eviction has been executed\\npursuant to section seven hundred forty-nine of the real property\\nactions and proceedings law, the warehouseman shall within three days\\nafter receipt of the goods mail a copy of a statement containing the\\ndisclosures required by subdivisions one, two and three of this section\\nto the consumer bailor by registered or certified mail at his last known\\nresidence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "607-A", "title" : "Storage of furs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "607-A", "activeDate" : "2014-09-22", "sequenceNo" : 1032, "repealedDate" : null, "fromSection" : "607-A", "toSection" : "607-A", "text" : " § 607-a. Storage of furs. In addition to any other provision of this\\narticle, a fur storage operator shall be subject to the following:\\n 1. If there is any statement of limitation in damages in an agreement\\nfor the storage of furs, such agreement shall contain on its face\\nimmediately above the consumer bailor's signature the following notice\\n\"DO NOT SIGN THIS AGREEMENT UNLESS THE DECLARED VALUE OF EACH ARTICLE TO\\nBE STORED OR SERVICED IS STATED.\"\\n 2. Where the consumer bailor does not personally deliver furs for\\nstorage and the fur storage operator, in the normal course of his\\nbusiness, makes an appraisal of such furs before accepting them for\\nstorage, the fur storage operator, for purposes of compliance with the\\ndisclosure provisions of this article, shall be deemed to have complied\\nif he supplies a consumer bailor with a written storage agreement within\\nthirty days of receipt of such furs. Provided, however, that nothing\\ncontained in this subdivision shall diminish any existing duty of care\\nwhich the fur storage operator owes to the consumer bailor.\\n 3. For the purposes of this section, a fur storage operator means a\\nwarehouseman whose storage business is limited to furs and other items\\nof valuable clothing and furs means articles of wearing apparel intended\\nto be worn by individuals and consisting in whole or in part of animal\\nfur.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "608", "title" : "Unlawful detention of goods", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "608", "activeDate" : "2014-09-22", "sequenceNo" : 1033, "repealedDate" : null, "fromSection" : "608", "toSection" : "608", "text" : " § 608. Unlawful detention of goods. 1. Notwithstanding the provisions\\nof section 7-209 of the uniform commercial code, no warehouseman shall\\nhave a lien on any household goods stored by him in a particular case\\nwhere the charges demanded for storage are in excess of the charges\\npermitted by this article.\\n 2. It shall constitute an unlawful detention of goods for a\\nwarehouseman to refuse to surrender household goods stored by him for a\\nconsumer bailor upon payment by the consumer bailor of the storage\\ncharges permitted by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "609", "title" : "Private right of action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "609", "activeDate" : "2014-09-22", "sequenceNo" : 1034, "repealedDate" : null, "fromSection" : "609", "toSection" : "609", "text" : " § 609. Private right of action. 1. Any consumer bailor damaged by an\\nunlawful detention of his goods or any other violation of this article\\nmay bring an action for recovery of damages and the return of his goods.\\nJudgment may be entered in an amount not to exceed three times the\\nactual damages plus reasonable attorneys fees.\\n 2. Nothing in this article shall be construed so as to nullify or\\nimpair any right or rights which a buyer may have against a seller at\\ncommon law, by statute or otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "610", "title" : "Violation and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "610", "activeDate" : "2014-09-22", "sequenceNo" : 1035, "repealedDate" : null, "fromSection" : "610", "toSection" : "610", "text" : " § 610. Violation and penalties. Whenever there shall be a violation of\\nthis article, an application may be made by the attorney general in the\\nname of the people of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this article has occurred, the court may impose a civil\\npenalty of not more than one thousand dollars for each violation. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-J", "title" : "Film Ratings Labeling", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-J", "activeDate" : "2014-09-22", "sequenceNo" : 1036, "repealedDate" : null, "fromSection" : "611", "toSection" : "612", "text" : " ARTICLE 29-J\\n FILM RATINGS LABELING\\nSection 611. Definitions.\\n 612. Sale and rental of video games and films.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "611", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "611", "activeDate" : "2014-09-22", "sequenceNo" : 1037, "repealedDate" : null, "fromSection" : "611", "toSection" : "611", "text" : " § 611. Definitions. As used in this article:\\n 1. \"Film\" means any videotape, video cassette or other reproduction of\\na motion picture, concert, musical production or other video event.\\n 1-a. \"Video game\" means electronic or computerized game software that\\nusers manipulate through interactive devices to generate images on a\\ndisplay screen.\\n 2. \"Rating\" means a standardized designation commonly used to inform\\nparents about video games or motion pictures in retail or theatrical\\nrelease, respectively, regarding viewing or playing by their children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "612", "title" : "Sale and rental of video games and films", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "612", "activeDate" : "2014-09-22", "sequenceNo" : 1038, "repealedDate" : null, "fromSection" : "612", "toSection" : "612", "text" : " § 612. Sale and rental of video games and films. 1. No person,\\npartnership or corporation shall sell or rent at retail or attempt to\\nsell or rent at retail a video game or film unless a video game rating\\nor the rating of the motion picture from which the film was copied is\\nclearly displayed on the outside of the case, jacket or other cover of\\nthe video game or film.\\n 2. This section shall not apply to a \"mail order business\" as defined\\nin section three hundred ninety-six-m of this chapter or to any film\\nwhich is a reproduction of a motion picture, concert, musical production\\nor other video event, or any video game, which has not been given a\\nrating, nor shall it apply to any motion picture or video game which has\\nbeen altered subsequent to receiving a rating.\\n 3. A violation of subdivision one of this section shall be punishable\\nby a civil penalty of not more than one hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A29-K", "title" : "Motor Vehicle Parts Warranty", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29-K", "activeDate" : "2014-09-22", "sequenceNo" : 1039, "repealedDate" : null, "fromSection" : "616", "toSection" : "619", "text" : " ARTICLE 29-K\\n MOTOR VEHICLE PARTS WARRANTY\\nSection 616. Definitions.\\n 617. Express written warranty required; contents.\\n 618. Additional remedies of consumers.\\n 619. Prohibition against waiver of rights.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "616", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "616", "activeDate" : "2014-09-22", "sequenceNo" : 1040, "repealedDate" : null, "fromSection" : "616", "toSection" : "616", "text" : " § 616. Definitions. Whenever used in this article, unless the context\\nclearly requires otherwise, the following words or terms shall have the\\nfollowing meanings:\\n 1. \"Person\" means an individual, partnership, corporation, association\\nor other legal entity.\\n 2. \"Motor vehicle\" means any motor vehicle as defined in section one\\nhundred twenty-five of the vehicle and traffic law which is used\\nprimarily for personal, family or household purposes.\\n 3. \"Consumer\" means the person who purchased the part for purposes\\nother than resale or any person to whom the motor vehicle on which the\\npart is installed is transferred during the term of the warranty\\nprovided by section six hundred seventeen of this article and any other\\nperson, other than a seller, entitled by the terms of such warranty to\\nenforce the obligations of the warranty.\\n 4. \"Part\" means any equipment or apparatus intended for use in a motor\\nvehicle, including but not limited to a new part; a part which has been\\nremoved from another motor vehicle and modified, rebuilt,\\nremanufactured, improved, or reconditioned; and a used part, except a\\nused part which is removed from a motor vehicle and sold to a consumer\\nwithout any attempt to improve the condition of the part and which is\\nclearly marked as being in \"as-is\" condition. Notwithstanding the\\nabove, the term \"part\" shall not include any equipment or apparatus used\\nin repairing a motor vehicle or any component of such motor vehicle if\\nthe repair is regulated by article twelve-A of the vehicle and traffic\\nlaw.\\n 5. \"Seller\" means any person who sells parts either to a consumer or\\nto a purchaser for the purpose of resale to a consumer.\\n 6. \"Initial seller\" means the seller who manufactured, modified,\\nrebuilt, remanufactured, improved, reconditioned or recycled the part or\\nwho first sold the part.\\n 7. \"Intermediate seller\" means any seller other than the initial\\nseller.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "617", "title" : "Express written warranty required; contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "617", "activeDate" : "2014-09-22", "sequenceNo" : 1041, "repealedDate" : null, "fromSection" : "617", "toSection" : "617", "text" : " § 617. Express written warranty required; contents. 1. (a) An initial\\nseller shall provide the consumer with an express written warranty which\\ncomplies with the following requirements: the parts are warranted to be\\nfit for the ordinary purposes for which such parts are used during the\\nfirst three thousand miles of operation of the motor vehicle after\\ninstallation of the part; and or during the period of ninety days\\nfollowing the original delivery of such parts to the consumer, whichever\\noccurs first.\\n (b) An initial seller of new parts who or which has established a\\npolicy of accepting the return of a new part for an exchange or a\\ncomplete refund of the purchase price for a period of time that meets or\\nexceeds the warranty period required by this subdivision, and clearly\\ncommunicates such policy to consumers, shall not have to provide the\\nexpress written warranty required by this section.\\n 2. (a) If a part does not conform to the warranty provided in\\nsubdivision one of this section, and the consumer or any intermediate\\nseller reports such nonconformity, defect, or condition to the initial\\nseller or its agents or authorized dealers during the term of the\\nwarranty, the initial seller shall make repairs as are necessary to\\ncorrect such nonconformity, defect, or condition and, if the initial\\nseller is unable to repair such part so as to conform it to the\\nwarranty, it shall either replace such part or cause the seller to the\\nconsumer to refund the purchase price of such part to the consumer.\\n (b) It shall be an affirmative defense to any claim under this section\\nthat the nonconformity, defect, or condition is the result of abuse,\\nneglect, unauthorized modifications or alterations to the part, improper\\ndiagnosis and/or installation, or failure of another part.\\n (c) Any person making a warranty claim hereunder shall retain the part\\nwhich is the subject of the claim until the claim is resolved or until\\nthe initial seller shall request return of such part, whichever occurs\\nfirst. The initial seller shall pay the cost for shipping to it any part\\nit requests. Failure to retain the part or return it to the initial\\nseller upon request shall be grounds for denying warranty coverage.\\n (d) No repair or replacement of any part under paragraph (b) of this\\nsubdivision shall be deemed to alter or extend the term of the warranty\\non such part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "618", "title" : "Additional remedies of consumers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "618", "activeDate" : "2014-09-22", "sequenceNo" : 1042, "repealedDate" : null, "fromSection" : "618", "toSection" : "618", "text" : " § 618. Additional remedies of consumers. Nothing in this article shall\\nin any way contravene or limit the rights, remedies or privileges which\\nare otherwise available to a consumer under any other law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "619", "title" : "Prohibition against waiver of rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "619", "activeDate" : "2014-09-22", "sequenceNo" : 1043, "repealedDate" : null, "fromSection" : "619", "toSection" : "619", "text" : " § 619. Prohibition against waiver of rights. Waiver of any rights by\\nthe consumer under this article shall be deemed contrary to public\\npolicy and shall be unenforceable and void.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A30", "title" : "Health Club Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30", "activeDate" : "2014-09-22", "sequenceNo" : 1044, "repealedDate" : null, "fromSection" : "620", "toSection" : "631", "text" : " ARTICLE 30\\n HEALTH CLUB SERVICES\\nSection 620. Legislative intent.\\n 621. Definitions.\\n 622. Escrow required.\\n 622-a. Bond, letter of credit or certificate of deposit\\n required.\\n 623. Contract restrictions.\\n 624. Rights of cancellation of contracts for services.\\n 625. Assignment of contracts for services.\\n 626. Deceptive acts prohibited.\\n 627. Contracts void and unenforceable.\\n 627-a. Automated external defibrillator requirements.\\n 628. Private right of action.\\n 629. Violations.\\n 630. Enforcement.\\n 631. Preemption.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "620", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "620", "activeDate" : "2014-09-22", "sequenceNo" : 1045, "repealedDate" : null, "fromSection" : "620", "toSection" : "620", "text" : " § 620. Legislative intent. 1. The legislature finds that there exists\\nin connection with a number of contracts for health club services, sales\\npractices and business and financing methods which may have resulted in\\ndeception and financial hardship upon the people of this state, that\\nexisting legal remedies are inadequate to correct these abuses; that the\\nhealth club services industry has a significant impact upon the economy\\nand well being of this state and its local communities, and that the\\nprovisions of this article relating to such contracts are necessary for\\nthe public welfare.\\n 2. The legislature declares that the purpose of this article is to\\nsafeguard the public and the ethical health club industry against\\ndeception and financial hardship, and to foster and encourage\\ncompetition, fair dealing, and prosperity in the field of health club\\nservices by prohibiting or restricting false or misleading advertising,\\nerroneous contract terms, harmful financial practices, and other unfair,\\ndeceptive and discriminatory practices which have been conducted by some\\nhealth club operators.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "621", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "621", "activeDate" : "2014-09-22", "sequenceNo" : 1046, "repealedDate" : null, "fromSection" : "621", "toSection" : "621", "text" : " § 621. Definitions. 1. \"Contract for services.\" As used in this\\narticle, a contract for services means a contract for consumer services\\nfor instruction, training or assistance in bodybuilding, exercising,\\nweight reducing, figure development, the martial arts to include, judo,\\nkarate and self-defense, or any similar course of physical training to\\nbe provided for the future use by a consumer of the facilities providing\\nthe foregoing instruction, training or assistance; or for membership in\\nany group, club, association or organization for any of the above\\npurposes; except however, that a contract for services shall not mean or\\ninclude:\\n (a) Membership in any group, club, association or organization which\\nprovides any of the foregoing services and which is organized pursuant\\nto the provisions of the not-for-profit corporation law; or\\n (b) Boarding accommodations; or\\n (c) Travel arrangements contracted for less than one year in advance;\\nor\\n (d) Contracts which incorporate warranties of services or repair given\\nin conjunction with appliances or other goods, where the sale of goods\\nis the primary object of the contract; or\\n (e) Services by a college or university chartered by the university of\\nthe state of New York, a secondary school, an elementary school, a\\nnursery school or kindergarten; and\\n (f) Contracts for services to provide instruction, training or\\nassistance to acquire a vocation or skill conducted in a training school\\nor by home study.\\n (g) Contracts for programs which provide instruction for improving\\ntennis skills, and are of eight weeks duration or less where the full\\nfee does not exceed two hundred fifty dollars.\\n (h) Contracts relating solely to the seasonal use of tennis\\nfacilities.\\n 2. \"Health club\" as used in this article means any person, firm,\\ncorporation, partnership, unincorporated association, or other business\\nenterprise offering instruction, training or assistance or the\\nfacilities for the preservation, maintenance, encouragement or\\ndevelopment of physical fitness or well being. Such term shall include\\nbut shall not be limited to health spas, sports, tennis, racquet ball,\\nplatform tennis and health clubs, figure salons, health studios,\\ngymnasiums, weight control studios, martial arts and self-defense\\nschools or any other similar course of physical training.\\n 3. \"Secretary\" as used in this article shall mean the secretary of\\nstate.\\n 4. \"Seller\" as used in this article means any person, firm,\\ncorporation, partnership, unincorporated association or other business\\nenterprise which operates or intends to operate a health club.\\n 5. \"Buyer\" as used in this article means any individual who enters\\ninto a contract for services with a health club.\\n 6. \"Cardiopulmonary resuscitation\" or \"CPR\" as used in this article\\nmeans measures, as specified in regulations promulgated by the\\ncommissioner of health, to restore function or support ventilation in\\nthe event of a cardiac or respiratory arrest. Cardiopulmonary\\nresuscitation shall not include measures to improve ventilation and\\ncardiac functions in the absence of an arrest.\\n 7. \"Automated external defibrillator\" or \"AED\" as used in this article\\nmeans a medical device approved by the federal food and drug\\nadministration that (a) is capable of recognizing the presence or\\nabsence in a patient of ventricular fibrillation and rapid ventricular\\ntachycardia; (b) is capable of determining, without intervention by an\\noperator, whether defibrillation should be performed on the patient; (c)\\nupon determining that defibrillation should be performed, automatically\\ncharges and requests delivery of an electrical impulse to the patient's\\nheart; and (d) upon action by an operator, delivers an appropriate\\nelectrical impulse to the patient's heart to perform defibrillation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "622", "title" : "Escrow required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "622", "activeDate" : "2014-09-22", "sequenceNo" : 1047, "repealedDate" : null, "fromSection" : "622", "toSection" : "622", "text" : " § 622. Escrow required. All moneys received by a seller pursuant to a\\ncontract for services for use by a buyer of a health club prior to the\\nfull operation of such health club shall be placed in escrow.\\n 1. Such funds shall be kept and maintained in an account separate and\\napart from any account maintained by or for the seller's personal use or\\nfor use in the construction or operation of the health club or for the\\npayment or benefit of employees of the seller.\\n 2. The escrow account shall be established in a bank or trust company\\ndoing business in this state.\\n 3. The escrow account shall provide that the purpose of the account is\\nto protect the consumer in the event that the seller fails to complete\\nsubstantially and to open the facility within one year following\\nestablishment of the account. Any buyer who has advanced moneys on\\ndeposit in the escrow account may maintain a representative action\\npursuant to the provisions of the civil practice law and rules to close\\nthe account and to release such moneys pro-rata to all buyers similarly\\nsituated if such health club facility has not been substantially\\ncompleted and opened within one year of establishment of the account or\\nif the buyer has not had the full use of another similar facility during\\nthis period.\\n 4. Within three business days of a request therefor, a monthly\\nstatement of the escrow account is to be furnished to consumers who have\\nadvanced funds or obligation until such account is no longer required by\\nthis article.\\n 5. The escrow account shall provide that funds deposited therein may\\nbe withdrawn by the seller upon the completion of the proposed\\nconstruction in the following manner: (i) one-third of the funds may be\\ndistributed to the seller upon completion of one-half of the proposed\\nconstruction; (ii) not more than two-thirds of the funds which have been\\ndeposited in escrow may be released upon the completion of three-fourths\\nof the proposed construction; (iii) the escrow agent may accept as\\nevidence of partial completion certification of any architect or\\nengineer licensed pursuant to the provisions of the education law that\\nthe proposed construction has been completed in accordance with the\\nplans and specifications.\\n 6. The escrow account shall be released by the escrow agent to the\\nseller not more than thirty days following full operation of the\\nfacility and certification of completion from any architect or engineer\\nlicensed pursuant to the provisions of the education law.\\n 7. In lieu of the escrow provisions required by this section, the\\nhealth club may furnish information as required by the secretary,\\nexecuted under penalty of perjury by an officer or owner of the health\\nclub which reasonably demonstrates financial responsibility that will\\nenable the health club to satisfy the possible claims against the escrow\\nrequired by this section. In the event the health club is controlled by,\\nunder common control, or controls another corporation and the other\\ncorporation agrees in writing to satisfy the claims against the escrow\\nrequired by this section, then the financial responsibility of the other\\ncorporation shall be considered in determining the applicability of this\\nsection. In determining whether the health club has the requisite\\nfinancial responsibility the secretary may consider the operating and\\nbusiness history and reputation of the health club and its management\\nwithin and without the state as well as the operating and business\\nhistory and reputation of any business controlled by, under common\\ncontrol with, or controlling the health club.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "622-A", "title" : "Bond, letter of credit or certificate of deposit required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "622-A", "activeDate" : "2014-09-22", "sequenceNo" : 1048, "repealedDate" : null, "fromSection" : "622-A", "toSection" : "622-A", "text" : " § 622-a. Bond, letter of credit or certificate of deposit required. 1.\\nEvery health club, except as provided in subdivision ten of this\\nsection, before it enters into any contract for services for use by a\\nbuyer of a health club, shall file and at all times maintain with the\\nsecretary, in form, amount as prescribed herein and substance\\nsatisfactory to him:\\n (a) A bond with a corporate surety, from a company authorized to do\\nbusiness in this state; or\\n (b) An irrevocable letter of credit or a certificate of deposit from a\\nNew York state or federally chartered bank, trust company, savings bank\\nor savings and loan association qualified to do business in New York\\nstate and insured by the federal deposit insurance corporation.\\n 2. The principal sum of the bond, letter of credit, or certificate of\\ndeposit shall be;\\n (a) Fifty thousand dollars if the health club sells contracts for\\nservices for a term not greater than twelve months; or\\n (b) Seventy-five thousand dollars if the health club sells contracts\\nfor services for a term more than twelve months and up to twenty-four\\nmonths; or\\n (c) One hundred fifty thousand dollars if the health club sells\\ncontracts for services for a term more than twenty-four months and up to\\nthirty-six months.\\n 3. For health clubs with three or more locations, or for multiple\\nfranchises of a common franchisor, the following amounts shall be added\\nto the sum required in subdivision two of this section for the bond,\\nletter of credit, or certificate of deposit:\\n (a) For three to four locations an additional fifty thousand dollars,\\n (b) For five to six locations an additional one hundred thousand\\ndollars,\\n (c) For seven to nine locations an additional one hundred fifty\\nthousand dollars,\\n (d) For ten or more locations an additional two hundred thousand\\ndollars.\\n 4. The bond, letter of credit or certificate of deposit shall be\\npayable in favor of the people of the state of New York for the benefit\\nof any buyer injured in the event that the seller goes out of business\\nprior to the expiration of the buyer's contract for services, or\\notherwise fails to provide a refund to the buyer after cancellation of\\nthe buyer's contract for services as provided for in section six hundred\\ntwenty-four of this article.\\n 5. The aggregate liability of the surety upon the bond or the banking\\norganization upon the letter of credit or certificate of deposit to all\\npersons for all breaches of the conditions of the bond shall in no event\\nexceed the amount of the bond, letter of credit or certificate of\\ndeposit.\\n 6. The bond, letter of credit or certificate of deposit filed and\\nmaintained pursuant to this section shall not be cancelled, revoked, or\\nterminated except after notice to, and with the consent of, the\\nsecretary at least forty-five days in advance of such cancellation,\\nrevocation, or termination.\\n 7. Any person claiming against the bond, letter of credit or\\ncertificate of deposit may bring and maintain an action against the\\nseller and the surety or bank, trust company, savings bank or savings\\nand loan association.\\n 8. For the purposes of this section, a health club shall be considered\\nto be a new health club subject to the requirements of a bond, letter of\\ncredit or certificate of deposit as provided herein, at the time the\\nhealth club changes ownership, or, in the case of corporate ownership,\\nat the time thirty percent or more of the stock changes or has changed\\nownership. A change in ownership of a health club shall not release,\\ncancel or terminate liability under this section under any bond, letter\\nof credit or certificate of deposit filed for a health club as to any\\nbuyer who purchases a health club contract while such bond, letter of\\ncredit or certificate of deposit is in effect unless the transferee,\\npurchaser, successor, or assignee of such health club obtains a bond,\\nletter of credit or certificate of deposit under this section for the\\nbenefit of such buyer.\\n 9. No contract for services shall be enforceable against the buyer if\\nthe seller has failed to comply with any requirements of this section.\\n 10. Health clubs shall be excluded from the requirement to file a\\nbond, letter of credit, or certificate of deposit if all payments for\\nwhich the buyer is obligated including, but not limited to down\\npayments, initiation fees, enrollment fees, membership fees or any other\\ndirect payments to the health club do not exceed one hundred fifty\\ndollars. A health club shall also be excluded from the requirement to\\nfile a bond, letter of credit or certificate of deposit, if it offers\\nits buyers a monthly dues payment option for each dues payment plan it\\noffers to customers, provided that: (a) both the annual and the monthly\\nmembership options are disclosed to customers prior to entering into any\\nmembership contract; (b) that the monthly dues, including any initiation\\nfee or other charge, do not exceed one hundred fifty dollars; (c) that\\nthe paid in full fee is not discounted by more than ten percent of the\\nsum of the initiation fee and the monthly dues payments; and (d) that\\nthe term of either option be no more than twelve months and that the\\nmembership contract not contain an automatic renewal provision.\\nAdditionally, any health club which owns five or more acres of real\\nproperty which is used directly for the purpose for which the club is\\nformed, and any health club the use of which is exclusively restricted\\nto residents of a homeowners' association, cooperative or condominium\\nand which is owned by and operated on the premises of such homeowners'\\nassociation, cooperative or condominium, shall be excluded from the\\nrequirement to file a bond, letter of credit or certificate of deposit.\\n 11. (a) Every health club shall post, in at least two conspicuous\\nareas within the club, including, if applicable, an entrance area where\\nbuyers are required to register, a sign no smaller than nine inches by\\nfourteen inches that sets forth the following notice clearly and\\nconspicuously:\\n IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS\\n New York State law requires certain health clubs to have a bond or\\nother form of financial security to protect members in the event the\\nclub closes.\\nThis club (insert whichever term is applicable)\\n has posted the financial security required by law.\\n or\\n is exempt from this requirement.\\nYOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB's\\nCOMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE\\nNEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162\\nWASHINGTON AVENUE, ALBANY, N.Y. 12231.\\n (b) Health clubs that operate at two or more locations shall post\\nnotices in compliance with paragraph (a) of this subdivision at each\\nsuch location.\\n 12. The notice required by subdivision eleven of this section shall be\\nincorporated into any contract for services executed by a health club in\\nat least ten point bold type.\\n 13. Every contract for services which offers the consumer the option\\nto pay in installments shall contain the following notice, written in at\\nleast ten point bold type and placed directly above the space reserved\\nfor the signature of the buyer:\\n THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS\\n You may make payments on an installment basis or in a single payment.\\nPaying the full amount may be less expensive, but may involve financial\\nrisks to you. Read this notice carefully before making a decision.\\n New York State law requires certain health clubs to post a bond or\\nother financial security to protect members in the event the club\\ncloses. This club is exempt from this requirement since it gives members\\nthe option of paying on an installment basis, therefore it need not post\\na bond or other form of financial security.\\n In deciding whether to make your payments on an installment basis, you\\nshould be aware that if the club closes, although the club will remain\\nlegally liable for a refund, you may risk losing your money if the club\\nis unable to meet its financial obligations to members.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "623", "title" : "Contract restrictions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "623", "activeDate" : "2014-09-22", "sequenceNo" : 1049, "repealedDate" : null, "fromSection" : "623", "toSection" : "623", "text" : " § 623. Contract restrictions. 1. No contract for services shall\\nrequire payment by the person receiving service or the use of the\\nfacilities of a total amount in excess of three thousand six hundred\\ndollars per annum, provided, however, that this subdivision shall not\\napply to contracts relating solely to the use of tennis, platform tennis\\nor racquet ball facilities.\\n 2. No contract for services shall provide for a term longer than\\nthirty-six months. No contract for services shall require payments or\\nfinancing by the buyer over a period in excess of thirty-seven months\\nfrom the date the contract is entered into, nor shall the term of any\\nsuch contract be measured by or be for the life of the buyer. Provided,\\nhowever, that the services to be rendered to the buyer under the\\ncontract may extend over a period not to exceed three years from the\\ndate the contract is entered into with the right to renew, at the option\\nof the buyer for a like period. The buyer may have thirty days after the\\nexpiration to renew the contract. The installment payments shall be in\\nsubstantially equal amounts exclusive of the down payment and shall be\\nrequired to be made at substantially equal intervals, not to exceed one\\nmonth.\\n 3. No contract for services may contain any provisions whereby the\\nbuyer agrees not to assert against the seller or any assignee or\\ntransferee of the health club services contract any claim or defense\\narising out of the health club services contract.\\n 4. No contract for services may require the buyer to execute a\\npromissory note or series of promissory notes which, when negotiated,\\ncuts off as to third parties a defense which the buyer may have against\\nthe seller.\\n 5. No contract may be assigned by one health club to another health\\nclub not located on the same premises without written consent of the\\nbuyer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "624", "title" : "Rights of cancellation of contracts for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29", "2024-12-06", "2025-02-28" ], "docLevelId" : "624", "activeDate" : "2014-09-22", "sequenceNo" : 1050, "repealedDate" : null, "fromSection" : "624", "toSection" : "624", "text" : " § 624. Rights of cancellation of contracts for services. 1. Every\\ncontract for services at a planned health club or a health club under\\nconstruction shall, at the option of the buyer, be voidable in the event\\nthat the health club and the services to be provided pursuant to such\\ncontract are not available within one year from the date the contract is\\nexecuted by the buyer.\\n 2. Every contract for services shall provide that such contract may be\\ncancelled within three business days after the date of receipt by the\\nbuyer of a copy of the written contract. Notice of cancellation shall be\\ndelivered by certified or registered United States mail at the address\\nspecified in the contract. Such contract shall contain the following\\nwritten notice in at least ten point bold type: CONSUMERS RIGHT TO\\nCANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR\\nFURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE . . . . . .\\nNotice of cancellation shall be in writing subscribed by the buyer and\\nmailed by registered or certified United States mail to the seller at\\nthe address specified in such form. Such notice shall be accompanied by\\nthe contract forms, membership cards and any other documents or evidence\\nof membership previously delivered to the buyer. All moneys paid\\npursuant to such contract shall be refunded within fifteen business days\\nof receipt of such notice of cancellation. If the buyer has executed\\nany credit or loan agreement to pay for all or part of health club\\nservices, any such negotiable instrument executed by the buyer shall\\nalso be returned within fifteen days.\\n 3. Every contract for services shall provide that after such three day\\nperiod for cancellation as provided in subdivision two of this section,\\nthe buyer's estate may cancel a contract for services if the buyer dies.\\nThe buyer may also cancel after three days if the buyer becomes\\nsignificantly physically disabled for a period in excess of six months,\\nor moves his residence to a location more than twenty-five miles from a\\nhealth club operated by the seller, or after the services are no longer\\navailable or substantially available as provided in the contract because\\nof the seller's permanent discontinuance of operation or substantial\\nchange in operation. Nothing contained herein shall restrict or prohibit\\nthe seller from offering or providing in such contract additional or\\nbroader reasons for cancellation. The seller may require reasonable\\nevidence for a cancellation pursuant to this subdivision. Such contract\\nshall contain the following notice captioned in at least ten point bold\\ntype:\\nADDITIONAL RIGHTS TO CANCELLATION:\\n You may also cancel this contract for any of the following reasons:\\n If upon a doctor's order, you cannot physically receive the services\\nbecause of significant physical disability for a period in excess of six\\nmonths.\\n If you die, your estate shall be relieved of any further obligation\\nfor payment under the contract not then due and owing.\\n If you move your residence more than twenty-five miles from any health\\nclub operated by seller.\\n If the services cease to be offered as stated in the contract.\\n All moneys paid pursuant to such contract cancelled for the reasons\\ncontained in this subdivision shall be refunded within fifteen days of\\nreceipt of such notice of cancellation; provided however that the seller\\nmay retain the expenses incurred and the portion of the total price\\nrepresenting the services used or completed, and further provided that\\nthe seller may demand the reasonable cost of goods and services which\\nthe buyer has consumed or wishes to retain after cancellation of the\\ncontract. In no instance shall the seller demand more than the full\\ncontract price from the buyer. If the buyer has executed any credit or\\nloan agreement to pay for all or part of health club services, any such\\nnegotiable instrument executed by the buyer shall also be returned\\nwithin fifteen days.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "625", "title" : "Assignment of contracts for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "625", "activeDate" : "2014-09-22", "sequenceNo" : 1051, "repealedDate" : null, "fromSection" : "625", "toSection" : "625", "text" : " § 625. Assignment of contracts for services. 1. No assignee who takes\\na note or other obligation as consideration for a contract containing\\nthe disclosure requirements of section six hundred twenty-four of this\\narticle shall fail to honor the consumer's right of cancellation as\\nprovided in this article.\\n 2. No creditor holding a note or other obligation, to which a consumer\\nhas obligated himself in order to purchase a contract shall fail to\\nhonor the consumer's right of cancellation under this article if:\\n (a) the creditor is a person related to the seller of services; or\\n (b) the seller prepares documents used in connection with the loan; or\\n (c) the creditor supplies forms to the seller used by the consumer in\\nobtaining the loan; or\\n (d) the creditor makes twenty or more loans in any calendar year, the\\nproceeds of which are used in transactions with the same seller or with\\na person related to the same seller; or\\n (e) the consumer is referred to the creditor by the seller; or\\n (f) the creditor, directly or indirectly, pays the seller any\\nconsideration whether or not it is in connection with the particular\\ntransactions; or\\n (g) the creditor participated in or was connected with the sale.\\n 3. No assignee of a contract shall fail to give notice of the\\nassignment to the consumer. A notice of assignment shall be in writing\\naddressed to the consumer at the address shown on the contract and shall\\nidentify the contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "626", "title" : "Deceptive acts prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "626", "activeDate" : "2014-09-22", "sequenceNo" : 1052, "repealedDate" : null, "fromSection" : "626", "toSection" : "626", "text" : " § 626. Deceptive acts prohibited. It is hereby declared to be an\\nunfair and deceptive trade practice and unlawful for a seller to:\\n 1. Misrepresent directly or indirectly in its advertising, promotional\\nmaterials, or in any manner the size, location, facilities or equipment\\nof its studio, or place of business or the number or qualifications of\\nits personnel;\\n 2. Use or refer to fictional organization divisions or position titles\\nor make any representation which has the tendency or capacity to mislead\\nor deceive consumers as to the size or importance of the business, its\\ndivisions, or personnel, or in any other material respect;\\n 3. Misrepresent directly or indirectly the size, importance, location,\\nfacilities, or equipment of the business through use of photographs,\\nillustrations, or any other depictions in catalogs, advertisements, or\\nother promotional materials;\\n 4. Misrepresent the location or locations at which its services will\\nbe offered;\\n 5. Misrepresent the nature of its courses, training devices, methods\\nor equipment or the number, qualifications, training, or experience of\\nits personnel, whether by means of endorsements or otherwise;\\n 6. Misrepresent the nature and extent of any personal services,\\nguidance, assistance, or other attention the business will provide for\\nconsumers;\\n 7. Designate or refer to his sales representation using terms that\\nmisrepresent in any other manner, the titles, qualifications, training,\\nexperience or status of his salesmen, agents, employees, or other\\nrepresentatives; and\\n 8. Misrepresent in any manner by the seller or his assignee the\\nbuyer's right to cancel under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "627", "title" : "Contracts void and unenforceable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "627", "activeDate" : "2014-09-22", "sequenceNo" : 1053, "repealedDate" : null, "fromSection" : "627", "toSection" : "627", "text" : " § 627. Contracts void and unenforceable. 1. Any contract for services\\nwhich does not comply with the applicable provisions of this article\\nshall be void and unenforceable as contrary to public policy.\\n 2. Any waiver by the buyer of the provisions of this article shall be\\ndeemed void and unenforceable by the seller as contrary to public\\npolicy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "627-A", "title" : "Automated external defibrillator requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-02", "2023-05-26" ], "docLevelId" : "627-A", "activeDate" : "2014-09-22", "sequenceNo" : 1054, "repealedDate" : null, "fromSection" : "627-A", "toSection" : "627-A", "text" : " § 627-a. Automated external defibrillator requirements. 1. Every\\nhealth club as defined under paragraph b of subdivision one of section\\nthree thousand-d of the public health law whose membership is five\\nhundred persons or more shall have on the premises at least one\\nautomated external defibrillator and shall have in attendance, at all\\ntimes during staffed business hours, at least one individual performing\\nemployment or individual acting as an authorized volunteer who holds a\\nvalid certification of completion of a course in the study of the\\noperation of AEDs and a valid certification of the completion of a\\ncourse in the training of cardiopulmonary resuscitation provided by a\\nnationally recognized organization or association.\\n 2. Health clubs and staff pursuant to subdivision one of this section\\nshall be deemed a \"public access defibrillation provider\" as defined in\\nparagraph (c) of subdivision one of section three thousand-b of the\\npublic health law and shall be subject to the requirements and\\nlimitation of such section.\\n 3. Pursuant to sections three thousand-a and three thousand-b of the\\npublic health law, any public access defibrillation provider, or any\\nemployee or other agent of the provider who, in accordance with the\\nprovisions of this section, voluntarily and without expectation of\\nmonetary compensation renders emergency medical or first aid treatment\\nusing an AED which has been made available pursuant to this section, to\\na person who is unconscious, ill or injured, shall be liable only\\npursuant to section three thousand-a of the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "628", "title" : "Private right of action", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "628", "activeDate" : "2014-09-22", "sequenceNo" : 1055, "repealedDate" : null, "fromSection" : "628", "toSection" : "628", "text" : " § 628. Private right of action. 1. Any buyer damaged by a violation of\\nthis article may bring an action for recovery of damages. Judgment may\\nbe entered in an amount not to exceed three times the actual damages\\nplus reasonable attorney fees.\\n 2. Nothing in this article shall be construed so as to nullify or\\nimpair any right or rights which a buyer may have against a seller at\\ncommon law, by statute, or otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "629", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "629", "activeDate" : "2014-09-22", "sequenceNo" : 1056, "repealedDate" : null, "fromSection" : "629", "toSection" : "629", "text" : " § 629. Violations. 1. Any seller or his assignees who violate any\\nprovision of this article, or who shall counsel, aid or abet such\\nviolation shall be liable for a civil fine of not more than twenty-five\\nhundred dollars for each violation. The provisions of this article are\\nnot exclusive and do not relieve the seller or his assignees or the\\ncontracts subject to this article from compliance with all other\\napplicable provisions of law.\\n 2. In addition to the provisions of subdivision one of this section,\\nany seller or his assignees who violate section six hundred twenty-two-a\\nof this article shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "630", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "630", "activeDate" : "2014-09-22", "sequenceNo" : 1057, "repealedDate" : null, "fromSection" : "630", "toSection" : "630", "text" : " § 630. Enforcement. In addition to the remedies hereinbefore provided,\\nthe attorney general may bring an action on behalf of the people of the\\nstate to restrain further violations of this article, to enforce the\\nprovisions of section six hundred twenty-two-a of this article and for\\nsuch other relief as may be appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "631", "title" : "Preemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "631", "activeDate" : "2014-09-22", "sequenceNo" : 1058, "repealedDate" : null, "fromSection" : "631", "toSection" : "631", "text" : " § 631. Preemption. A political subdivision, otherwise authorized, may\\nenact a local law, identical to the provisions of this article, to\\nenable local enforcement of the provisions of this article and such\\nlocal law. Any local law not identical with the provisions of this\\narticle, or with any rules and regulations promulgated hereunder, shall\\nbe pre-empted, superseded, and of no force and effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A30-A", "title" : "Home-use Medical Diagnostic Device Marketing Practices", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30-A", "activeDate" : "2014-09-22", "sequenceNo" : 1059, "repealedDate" : null, "fromSection" : "640", "toSection" : "640", "text" : " ARTICLE 30-A\\n HOME-USE MEDICAL DIAGNOSTIC DEVICE MARKETING PRACTICES\\nSection 640. Target marketing; prohibitions.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "640", "title" : "Target marketing; prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "640", "activeDate" : "2014-09-22", "sequenceNo" : 1060, "repealedDate" : null, "fromSection" : "640", "toSection" : "640", "text" : " § 640. Target marketing; prohibitions. 1. Definitions. For purposes of\\nthis article, the following terms shall have the following meanings:\\n (a) \"Personal identifiable information\" shall mean any information\\nobtained by a manufacturer or distributor of a home-use medical\\ndiagnostic device by means of its warranty registration card, owner's\\nregistration card, or otherwise which information was furnished to it by\\nor on behalf of a user of such device. Such information shall include\\nbut not be limited to the user's name, address, telephone number or\\npersonal medical information. Such term shall not include data which\\ndoes not identify a user.\\n (b) \"Target marketing\" shall mean the compilation of a list of users\\nby a manufacturer or distributor of a home-use medical diagnostic\\ndevice, for purposes of direct marketing transactions or solicitation\\nwhich is based on users' personal identifiable information.\\n (c) \"User\" shall mean any natural person who uses a home-use medical\\ndiagnostic device.\\n (d) \"Home-use medical diagnostic device\" shall have such meaning as\\nprescribed by the Federal Food, Drug and Cosmetic Act and the\\nregulations thereunder, as such act and regulations may from time to\\ntime be amended.\\n (e) \"Person\" shall mean any individual, partnership, association, firm\\nor corporation.\\n 2. Restrictions on disclosure. (a) A manufacturer or distributor of a\\nhome-use medical diagnostic device shall not disclose to a marketer of\\ngoods or services or to a third party acting on behalf of any such\\nmarketer any personal identifiable information of a user for target\\nmarketing purposes without having first afforded such user the right to\\nprohibit such disclosure as set forth in paragraph (b) of this\\nsubdivision.\\n (b) The warranty registration card, owner's registration card or other\\nsimilar form shall conspicuously disclose, if applicable, that a user's\\npersonal identifiable information may be used for target marketing\\npurposes and shall provide such user the opportunity to be excluded from\\nany such target marketing list by means of a check-off box contained on\\nthe card or other similar form. Such notice shall include a\\npre-addressed postage paid form by which a user can exercise the right\\nto prohibit disclosure.\\n 3. Private remedy. Any person who has been injured by reason of any\\nviolation of this article may bring an action for recovery of actual\\ndamages or two hundred fifty dollars, whichever is greater. The court\\nmay, in its discretion, increase the award of damages to an amount not\\nto exceed three times the actual damages up to one thousand dollars, if\\nthe court finds that the defendant willfully or knowingly violated the\\nprovision of this section. The court may award reasonable attorney's\\nfees to a prevailing plaintiff.\\n 4. Additional remedies of users. Nothing in this article shall in any\\nway contravene or limit the rights, remedies or privileges which are\\notherwise available to a user under any other law.\\n 5. Enforcement. In addition to the other remedies provided, whenever\\nthere shall be a violation of this article, application may be made by\\nthe attorney general in the name of the people of the state of New York\\nto a court or justice having jurisdiction by special proceeding to issue\\nan injunction, and upon notice to the defendant of not less than five\\ndays, to enjoin and restrain the continuance of such violation; and if\\nit shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this article has occurred, the court may\\nimpose a civil penalty of not more than five hundred dollars for each\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A31", "title" : "Membership Campgrounds", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "31", "activeDate" : "2014-09-22", "sequenceNo" : 1061, "repealedDate" : null, "fromSection" : "650", "toSection" : "660", "text" : " ARTICLE 31\\n MEMBERSHIP CAMPGROUNDS\\nSection 650. Short title.\\n 651. Definitions.\\n 652. Applicability.\\n 653. Specific disclosures.\\n 654. Right of cancellation.\\n 654-a. Cancellation of membership camping contracts.\\n 655. Restriction on conveyance of campgrounds.\\n 656. Advertising standards.\\n 657. Escrow.\\n 658. Violations.\\n 659. Contracts void and unenforceable.\\n 660. Construction.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "650", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "650", "activeDate" : "2014-09-22", "sequenceNo" : 1062, "repealedDate" : null, "fromSection" : "650", "toSection" : "650", "text" : " § 650. Short title. This article shall be known and may be cited as\\nthe \"Membership campground act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "651", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "651", "activeDate" : "2014-09-22", "sequenceNo" : 1063, "repealedDate" : null, "fromSection" : "651", "toSection" : "651", "text" : " § 651. Definitions. For the purposes of this article, the terms:\\n 1. \"Advertising\" means any written, printed, audio or visual\\ncommunication by a membership campground operator or an employee or\\nagent of a membership campground operator made in conjunction with the\\npromotion and sale of campground memberships.\\n 2. \"Business day\" means any calendar day except Sunday or any legal\\nholiday.\\n 3. \"Dues\" means the annual or periodic fees, other than the purchase\\nprice or user fees, that must be paid as a condition to continued\\nmembership in and use of a membership campground.\\n 4. \"Major capital improvement\" means an upgrade or improvement or\\nimprovements which, in the aggregate, cost in excess of fifty thousand\\ndollars.\\n 5. \"Membership campground\" means real property, together with such\\nfixtures and improvements as campsites, bathrooms, showers, swimming\\npools, tennis courts, recreational buildings, stores and other amenities\\nthat are made available to purchasers of membership camping contracts.\\n 6. \"Membership camping contract\" or \"contract\" means an agreement\\noffered or sold evidencing a purchaser's right or license to use a\\nmembership campground under terms wherein no exclusive right to use is\\ngranted for a specific and identifiable unit, and where the operator\\ndoes not assign a specific and fixed number of days or weeks which the\\npurchaser may use and where the operator does not represent the contract\\nas an investment opportunity under which the purchaser might assign,\\nsell or transfer his or her contract for profit. This term does not\\ninclude any arrangement or other device, whether by agreement or\\notherwise, under which a purchaser has the one-time right to use a\\nspecific, identified camping site, and related facilities, for a\\nspecific, identified time period, such as with an overnight or a\\nseasonal rental. This term also does not include reciprocal programs or\\nany arrangement or other device under which a purchaser acquires any\\nleasehold, fee, timeshare or other ownership interest in a campground.\\n 7. \"Membership campground operator\" or \"operator\" means any person,\\ncorporation, partnership, or other entity that owns or operates a\\nmembership campground.\\n 8. \"Purchase price\" means the purchase price of a camping contract,\\nincluding finance charges and related closing costs, if any, but\\nexcluding dues and user fees.\\n 9. \"Purchaser\" means a person who enters into a membership camping\\ncontract and obtains the right or license to use membership campgrounds.\\n 10. \"Reciprocal program\" means any arrangement allowing a purchaser to\\nuse campgrounds or other properties other than the membership campground\\nwhich is the subject of the purchaser's membership camping contract.\\n 11. \"User fees\" means optional fees that may be charged for specific\\ngoods or services that are not covered under the membership camping\\ncontract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "652", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "652", "activeDate" : "2014-09-22", "sequenceNo" : 1064, "repealedDate" : null, "fromSection" : "652", "toSection" : "652", "text" : " § 652. Applicability. 1. Except as provided herein, this article shall\\napply to the sale or offer of sale of membership camping contracts to\\nresidents of the state if the facilities which are the subject of the\\nmembership camping contract are in the state, or if the sale or offer of\\nsale is made in the state.\\n 2. Membership campground operators subject to regulation under this\\narticle shall not be subject to regulation under article twenty-three-A\\nof this chapter or article nine-A of the real property law.\\n 3. The resale of a single membership camping contract by the purchaser\\nother than the membership campground operator, or an employee, agent or\\naffiliate of the membership campground operator, shall not be subject to\\nthe provisions of this article.\\n 4. This article shall not apply to the sale or offer for sale of a\\nsuccessor contract which replaces an existing contract, unless the\\nsuccessor contract is executed within the cancellation period provided\\nfor in section six hundred fifty-four of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "653", "title" : "Specific disclosures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "653", "activeDate" : "2014-09-22", "sequenceNo" : 1065, "repealedDate" : null, "fromSection" : "653", "toSection" : "653", "text" : " § 653. Specific disclosures. 1. Prior to the execution of a membership\\ncamping contract, the purchaser must be provided with a disclosure\\ndocument which shall begin with the following language printed in upper\\ncase boldface type of a minimum size of ten points:\\n DISCLOSURE DOCUMENT\\n THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS CONCERNING THE\\n PURCHASE OF A MEMBERSHIP CAMPING CONTRACT. STATE LAW REQUIRES THAT\\n THESE DISCLOSURES BE MADE, BUT NO STATE AGENCY OR OFFICIAL HAS\\n REVIEWED THE INFORMATION CONTAINED IN THIS DOCUMENT. THE STATEMENTS\\n CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. YOU SHOULD NOT RELY UPON\\n ANY ORAL REPRESENTATIONS WHICH ARE INCONSISTENT WITH THE DISCLOSURES\\n CONTAINED HEREIN AS BEING CORRECT. A MEMBERSHIP CAMPGROUND OPERATOR IS\\n PROHIBITED FROM MAKING ANY REPRESENTATIONS WHICH CONFLICT WITH THOSE\\n CONTAINED IN THE CONTRACT OR THIS DISCLOSURE STATEMENT.\\n 2. The disclosure document shall consist of a written statement\\ncontaining all of the following information:\\n a. The name and address of the membership campground operator.\\n b. A description of the operator's business experience. Such\\ndescription shall disclose any event within the last ten years in which\\nthe operator has filed for or been subject to involuntary bankruptcy,\\ninsolvency, or an assignment for the benefit of creditors, or has been\\nconvicted of a felony in any criminal case or proceeding or has been the\\nsubject of a judgment unless reversed on appeal in any civil or\\nadministrative case or proceeding involving fraud, or deceptive\\npractices, or violation of any law applicable to membership campgrounds.\\nThe operator shall also make such disclosures as may be required and\\nmutually agreed upon as a result of negotiations between the operator\\nand the attorney general and contained in a consent order or assurance\\nof discontinuance resulting from an investigation, action or proceeding\\ncommenced by the attorney general.\\n c. A brief description of the nature of the purchaser's right or\\nlicense to use the membership campground operator's property or\\nfacilities.\\n d. The location of each membership campground owned by the membership\\ncampground operator which is offered for purchaser's use and a brief\\ndescription for each campground of the facilities then available for use\\nby purchaser, and those facilities which are represented to purchaser as\\nplanned, together with a brief description of any facilities that are or\\nwill be available to non-purchasers or non-members. The description\\nrequired herein shall include, but not be limited to, the number of\\ncamping sites in each campground, the number of camping sites in each\\ncampground with full or partial hook-ups, and a description of the\\nfacilities at each campground.\\n e. The following statement shall be given in the contract, printed in\\nboldface type of a minimum size of ten points reading:\\n PURCHASE A MEMBERSHIP CAMPING CONTRACT ONLY ON THE BASIS OF EXISTING\\n FACILITIES. CONSTRUCTION OF PLANNED FACILITIES MAY SOMETIMES BE\\n DELAYED OR TERMINATED FOR A VARIETY OF REASONS.\\n f. A description of the membership campground operator's ownership or\\nother right to use the campground together with the duration of any\\nlease, license, or franchise entitling the membership campground\\noperator to use the property, and any material provisions of any\\nagreements which restrict a purchaser's use of the property.\\n g. A description of the effect on the purchaser's membership rights if\\na subsequent holder, successor, assign or other person later acquires\\nthe campground or campgrounds through foreclosure, bankruptcy, sale,\\ndeed, or other conveyance.\\n h. A copy of the rules, restrictions or covenants regulating the\\npurchaser's use of the membership campground operator's property or\\nproperties, including a statement of whether and how the rules,\\nrestrictions or covenants may be changed.\\n i. A brief description of all payments required to be made by a\\npurchaser under a membership camping contract, including initial fees\\nand any further fees, dues, charges or assessments, together with an\\nexplanation of how such fees, dues, charges or assessments may be\\nincreased.\\n j. A description of any restraints on the transfer of the membership\\ncamping contract, including applicable fees.\\n k. A description of the policies relating to the availability of the\\ncamping sites and whether reservations are required, and what usage\\nrights non-members have, if any.\\n l. A description of any grounds for forfeiture of any membership\\ncamping contract.\\n m. A statement describing the material terms and conditions of any\\nreciprocal program represented to be available to purchasers, including\\nwhether the purchaser's participation in the reciprocal program is\\ndependent upon the continued affiliation of the membership campground\\noperator with the reciprocal program, and whether the reciprocal program\\noperator and/or the membership campground operator have reserved the\\nright to terminate that affiliation.\\n n. A statement of the maximum number of memberships to be sold as\\ncompared to the number of camping sites available to those members,\\nexpressed in a ratio form.\\n o. The following statement, in bold letters of at least ten point type\\nwhere in capital letters below, which advises the purchaser of the right\\nto cancel the contract under section six hundred fifty-four-a of this\\narticle, shall be contained in the disclosure document:\\n ADDITIONAL RIGHT OF CANCELLATION: AFTER THREE (3) BUSINESS DAYS FROM\\nTHE DATE THAT YOU EXECUTE SAID CONTRACT YOU MAY CANCEL FOR ANY OF THE\\nFOLLOWING REASONS:\\n (1) A material breach in the provision of the essential services and\\nprograms set forth in the membership camping contract; or\\n (2) You have relocated to a permanent residence not less than five\\nhundred miles from a campground or other facility where you can use your\\nmembership; or\\n (3) You, your spouse, or your domestic partner currently resides in or\\nare notified of and accept the opportunity to commence occupancy in an\\nadult care facility or a residential health care facility; or\\n (4) You, your spouse, or your domestic partner are certified by a\\nphysician as physically unable to visit the resort and materially use\\nthe services and programs as outlined in the contract; or\\n (5) You are the victim of domestic violence perpetrated by another\\nsignatory of the same contract.\\n Immediately following the above right of cancellation notice, the\\ninstructions below shall be given in the same type as the print for the\\ncontract text.\\n \"Notice of cancellation shall be in writing subscribed by the\\npurchaser or his or her legally designated representative and sent by\\ncertified mail to the membership campground operator at the address\\nstated herein. Such notice shall be accompanied by the original or\\ncopies of the membership camping contract and all supporting\\ndocumentation. If you are exercising your right to cancel after three\\nbusiness days, such notification shall also include a written statement\\nthat certifies that the representations are true and correct, and\\ncontain no material omissions of fact to the best of your knowledge and\\nbelief.\"\\n 2-a. The following statement, in bold letters of at least ten point\\ntype, which advises the purchaser of the right to cancel the contract\\nunder section six hundred fifty-four of this article shall be contained\\nin the contract:\\n YOU MAY CANCEL THIS MEMBERSHIP CONTRACT WITHOUT ANY PENALTY,\\n FORFEITURE, OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS\\n FROM THE DATE THAT YOU EXECUTE SAID CONTRACT. FOR ADDITIONAL RIGHT\\n OF CANCELLATION SEE THE DISCLOSURE DOCUMENT.\\n Immediately following the above right of cancellation notice, the\\ninstructions below shall be given in the same type as the print for the\\ncontract text.\\n \"Notice of cancellation shall be in writing subscribed by the\\npurchaser or his or her legally designated representative and hand\\ndelivered or mailed by certified mail to the membership campground\\noperator at the address stated herein and postmarked not later than\\nthree business days from the date of execution of said contract. Such\\nnotice shall be accompanied by the original or copies of the membership\\ncamping contract and all supporting documentation.\"\\n 3. The disclosure statement shall contain a signature line for the\\npurchaser immediately above which shall be printed in boldface type of a\\nminimum size of ten points the following words:\\n THE UNDERSIGNED HAS READ ALL OF THE PROVISIONS OF THE DISCLOSURE\\n STATEMENT.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "654", "title" : "Right of cancellation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "654", "activeDate" : "2014-09-22", "sequenceNo" : 1066, "repealedDate" : null, "fromSection" : "654", "toSection" : "654", "text" : " § 654. Right of cancellation. 1. The purchaser may cancel a membership\\ncamping contract with or without cause within three business days after\\nthe execution of such contract. Notice of cancellation shall be\\ndelivered by hand or mailed to the address specified in the contract.\\nNotice of cancellation shall be deemed timely given if postmarked on or\\nbefore the third business day following the date of execution.\\n 2. A purchaser may cancel a membership camping contract pursuant to\\nthis section without penalty or obligation and all payments made by the\\npurchaser prior to cancellation shall be refunded within thirty days\\nafter receipt of the notice of cancellation by the membership campground\\noperator. Upon cancellation pursuant to this section, all notes,\\nmortgages, security agreements or other loan documents executed by the\\npurchaser in connection with the membership camping contract shall be\\ndeemed cancelled without penalty or obligation to the purchaser.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "654-A", "title" : "Cancellation of membership camping contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "654-A", "activeDate" : "2014-09-22", "sequenceNo" : 1067, "repealedDate" : null, "fromSection" : "654-A", "toSection" : "654-A", "text" : " § 654-a. Cancellation of membership camping contracts. 1. For the\\npurposes of this section the following terms shall have the following\\nmeanings:\\n a. \"adult care facility\" shall have the same meaning as such term is\\ndefined in subdivision twenty-one of section two of the social services\\nlaw, provided, however, that for the purposes of this section the term\\n\"adult care facility\" shall not include a shelter for adults;\\n b. \"domestic partner\" shall have the same meaning as such term is\\ndefined in subdivision seven of section twenty-nine hundred\\nninety-four-a of the public health law.\\n c. \"residential health care facility\" shall have the same meaning as\\nsuch term is defined in subdivision three of section twenty-eight\\nhundred one of the public health law; and\\n d. \"shelter for adults\" shall have the same meaning as such term is\\ndefined in subdivision twenty-three of section two of the social\\nservices law.\\n 2. a. Upon the expiration of the cancellation period provided under\\nsection six hundred fifty-four of this article, a purchaser of a\\nmembership camping contract shall have the right to cancel such contract\\nunder the following conditions:\\n (1) there is a material breach of contract by the membership\\ncampground operator to provide the essential services and programs as\\nset forth and in the manner provided in the membership camping contract.\\nA natural disaster or phenomena, failure or shortage of electric power\\nor other source of energy, unauthorized or illegal acts, labor strikes\\nor disputes disrupting operations, or governmental, judicial, or law\\nenforcement actions shall not be a basis for cancellation, unless the\\nmembership campground operator fails to diligently restore such services\\nand programs within a reasonable period of time; or\\n (2) the purchaser has relocated to a permanent residence not less than\\nfive hundred miles from the campground or the location of any other\\ncampground available to the purchaser pursuant to one or more reciprocal\\nprograms outlined in the membership camping contract; or\\n (3) the purchaser, or the purchaser's spouse or domestic partner\\ncurrently resides in or is notified of and accepts the opportunity to\\ncommence occupancy in an adult care facility or a residential health\\ncare facility and the purchaser provides a copy of such notification or\\nproof of residency to the operator; or\\n (4) the purchaser or the purchaser's spouse or domestic partner\\nreceives a written certification from a physician stating that the\\npurchaser or the purchaser's spouse or domestic partner is bedridden,\\nhousebound, or similarly physically unable due to ailment or injury to\\nvisit the campground and materially utilize any of the services and\\nprograms as outlined in the membership camping contract, and such\\ncondition is not expected to be temporary. The purchaser must provide a\\ncopy of such certification to the operator; or\\n (5) the purchaser of a contract signed by more than one purchaser\\nprovides to the operator a copy of any of the following, within six\\nmonths of its issuance, involving domestic violence by another signatory\\nof the same contract: (A) a valid domestic violence incident report form\\nas such term is defined in subdivision fifteen of section eight hundred\\nthirty-seven of the executive law; (B) a valid police report; (C) a\\nvalid order of protection; or (D) a signed affidavit from a licensed\\nmedical or mental health care provider, employee of a court acting\\nwithin the scope of his or her employment, social worker, a rape crisis\\ncounselor as defined in section forty-five hundred ten of the civil\\npractice law and rules, or advocate acting on behalf of an agency that\\nassists domestic violence victims. Paragraph d of this subdivision shall\\nnot apply to a purchaser canceling under this subparagraph. A claim for\\ntermination under this subparagraph shall be made in good faith.\\nTermination under this subparagraph shall require, and the provision of\\nany of the items in (A) through (D) of this subparagraph, for the\\npurposes of this subparagraph, shall be presumptive evidence of the\\ncontinued existence of a substantial risk of physical or emotional harm\\nto the purchaser or purchaser's child.\\n b. When a purchaser cancels a contract pursuant to this subdivision\\nsuch purchaser shall be required to have paid the purchase price of his\\nor her membership in full, as well as all outstanding fees, dues, or any\\nother payments due at the time of cancellation and for ninety days\\nthereafter. However, if all of the purchasers who signed the contract\\ndie, the relevant estate or estates shall be relieved of any further\\nobligation under the contract not then due and owing.\\n c. Written notification of the intent to cancel a membership\\ncampground contract shall be signed by the purchaser or his or her\\nlegally designated representative and delivered to the operator by\\ncertified mail duly addressed to the operator. Such notification shall\\ninclude a written statement that certifies that the representations are\\ntrue and correct, and contain no material omissions of fact to the best\\nknowledge and belief of the person submitting the certification.\\n d. In the event that the membership campground contract is signed by\\nmore than one purchaser, and one or more purchasers meet the\\nrequirements to cancel pursuant to this subdivision, every purchaser\\nunder the contract shall have the right to cancel the contract provided\\nthe other purchaser or purchasers so notify the operator by signing and\\ndelivering, at the same time, the same cancellation notice required by\\nparagraph c of this subdivision signed by the purchaser or purchasers\\nmeeting the cancellation requirements, in which case all such purchaser\\nor purchasers who sign the cancellation notice shall be relieved of any\\nfurther obligation under the contract except for those obligations\\noutlined in paragraph b of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "655", "title" : "Restriction on conveyance of campgrounds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "655", "activeDate" : "2014-09-22", "sequenceNo" : 1068, "repealedDate" : null, "fromSection" : "655", "toSection" : "655", "text" : " § 655. Restriction on conveyance of campgrounds. 1. No membership\\ncampground operator shall convey or transfer a membership campground\\nunless the transferee takes title or possession subject to all rights of\\npurchasers; or the membership campground operator immediately\\nsubstitutes for the use of purchasers another campground which is\\nlocated within a fifty-mile radius and is at least as desirable for the\\npurpose of camping and outdoor recreation as the campground being\\nconveyed or transferred.\\n 2. For the purpose of this section, the terms \"convey\" and \"transfer\"\\nshall not include the granting of a security interest in or the pledging\\nof the property for financing purposes, but shall include the assignment\\nof any leasehold interest the campground operator may have in the\\ncampground property.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "656", "title" : "Advertising standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "656", "activeDate" : "2014-09-22", "sequenceNo" : 1069, "repealedDate" : null, "fromSection" : "656", "toSection" : "656", "text" : " § 656. Advertising standards. Membership campground operators, their\\nemployees and agents shall be subject to all relevant provisions of this\\nchapter, including, but not limited to, sections three hundred\\nforty-nine, three hundred fifty, and three hundred sixty-nine-ee in the\\nmarketing, promotion, and advertising of membership camping contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "657", "title" : "Escrow", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "657", "activeDate" : "2014-09-22", "sequenceNo" : 1070, "repealedDate" : null, "fromSection" : "657", "toSection" : "657", "text" : " § 657. Escrow. 1. All monies, except dues, paid under a membership\\ncamping contract that is sold under a representation that a major\\ncapital improvement shall be constructed shall be placed in escrow.\\n 2. All such funds received by a membership campground operator shall\\nbe kept and maintained in an interest bearing account separate and apart\\nfrom any account maintained by or for the operator's personal use or the\\nuse and the construction or operation of the campground or for the\\npayment or benefit of employees of the campground.\\n 3. The escrow account shall be established in a bank or trust company\\ndoing business in the state of New York.\\n 4. The escrow account shall provide that the purpose of the account is\\nto protect the purchaser in the event that the operator fails to\\nsubstantially complete and make available for use the major capital\\nimprovement within one year following establishment of the account.\\n 5. Any purchaser who has advanced monies on deposit in the escrow\\naccount may maintain a representative action pursuant to the provisions\\nof the civil practice law and rules to close the account and release\\nsuch monies and interest, pro rata, to all purchasers similarly\\nsituated, if the major capital improvement has not been substantially\\ncompleted and made available for use within one year of the\\nestablishment of the account or if the purchaser has not had the full\\nuse of another similar facility during such period.\\n 6. So long as any such escrow account shall remain in existence,\\nwithin five business days of a request therefor, a monthly statement of\\nthe escrow account is to be furnished to all purchasers who have\\nadvanced funds which are held in the account, provided that only one\\nsuch statement need be given each month.\\n 7. The escrow account shall provide that funds deposited therein may\\nbe withdrawn by the membership campground operator upon the completion\\nof the proposed construction in the following manner:\\n a. One-third of the funds may be distributed to the membership\\ncampground operator upon completion of one-half of the proposed\\nconstruction;\\n b. Two-thirds of the fund may be released upon completion of\\nthree-fourths of the proposed construction; and\\n c. The balance of the fund may be distributed upon completion of all\\nof the proposed construction.\\n 8. The escrow agent may accept as evidence of partial or full\\ncompletion of such major capital improvement, the certification by any\\narchitect or engineer licensed pursuant to the provisions of the\\neducation law or the laws of the state in which the campground is\\nlocated, that the proposed construction has been completed in accordance\\nwith the plans and specifications.\\n 9. The escrow account shall be released by the escrow agent to the\\nmembership campground operator not more than thirty days following\\ncompletion of instruction and the submission to the escrow agent of a\\ncertification from an architect or engineer that construction is\\ncomplete.\\n 10. In lieu of making such deposit of monies in escrow, the membership\\ncampground operator may post a bond or contract of indemnity issued by a\\nsurety company licensed to execute such an instrument, or an irrevocable\\nletter of credit issued by a bank to guarantee the completion of the\\nmajor capital improvement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "658", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "658", "activeDate" : "2014-09-22", "sequenceNo" : 1071, "repealedDate" : null, "fromSection" : "658", "toSection" : "658", "text" : " § 658. Violations. Any membership campground operator or his agents,\\nemployees or assignees who violate any provision of this article shall\\nbe liable for a civil penalty of not more than ten thousand dollars for\\neach such violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "659", "title" : "Contracts void and unenforceable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "659", "activeDate" : "2014-09-22", "sequenceNo" : 1072, "repealedDate" : null, "fromSection" : "659", "toSection" : "659", "text" : " § 659. Contracts void and unenforceable. 1. Any membership camping\\ncontract which does not comply with the applicable provisions of this\\narticle shall be void and unenforceable as contrary to public policy.\\n 2. Any waiver by the purchaser of the provisions of this article shall\\nbe deemed void and unenforceable by the seller and contrary to public\\npolicy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "660", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "660", "activeDate" : "2014-09-22", "sequenceNo" : 1073, "repealedDate" : null, "fromSection" : "660", "toSection" : "660", "text" : " § 660. Construction. 1. This article neither enlarges nor diminishes\\nthe rights of parties in private litigation except as provided in this\\nsection.\\n 2. Any person who has been injured by reason of any violation of this\\narticle may bring an action in his own name to enjoin such unlawful act\\nor practice, an action to recover his actual damages or fifty dollars,\\nwhichever is greater, or both such actions. The court may, in its\\ndiscretion, increase the award of damages to an amount not to exceed\\nthree times the actual damages, up to ten thousand dollars, together\\nwith an award for reasonable attorney's fees, if the court finds the\\ndefendant willfully or knowingly violated this section.\\n 3. The attorney general may enforce the provisions of this article by\\nexercising the powers granted to him or her by subdivision twelve of\\nsection sixty-three of the executive law.\\n 4. Whenever the court shall determine that an operator has engaged in\\nrepeated fraudulent or illegal acts, as defined in subdivision twelve of\\nsection sixty-three of the executive law, in violation of section six\\nhundred fifty-three, six hundred fifty-four, six hundred fifty-five, six\\nhundred fifty-six or six hundred fifty-seven of this article, the court\\nmay impose a civil penalty of not more than five hundred dollars for\\neach such act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A32", "title" : "Video Consumer Privacy Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "32", "activeDate" : "2014-09-22", "sequenceNo" : 1074, "repealedDate" : null, "fromSection" : "670", "toSection" : "675", "text" : " * ARTICLE 32\\n VIDEO CONSUMER PRIVACY ACT\\nSection 670. Short title.\\n 671. Declaration of legislative findings and intent.\\n 672. Definitions.\\n 673. Wrongful disclosure of video tape rental records.\\n 674. Wrongful disclosure of video tape sales records.\\n 675. Civil liability.\\n * NB There are 2 Article 32's\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "670", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "670", "activeDate" : "2014-09-22", "sequenceNo" : 1075, "repealedDate" : null, "fromSection" : "670", "toSection" : "670", "text" : " * § 670. Short title. This article shall be known and may be cited as\\nthe \"video consumer privacy act\".\\n * NB There are 2 § 670's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "671", "title" : "Declaration of legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "671", "activeDate" : "2014-09-22", "sequenceNo" : 1076, "repealedDate" : null, "fromSection" : "671", "toSection" : "671", "text" : " § 671. Declaration of legislative findings and intent. The legislature\\nfinds and declares that the viewing of rented video tapes and movies in\\nthe home is a popular and widespread leisure pastime. Innumerable retail\\nestablishments in this state commonly record, often by computer, data\\ncontaining the identities of consumers who have rented video tapes and\\nmovies and the titles of the videos rented. The large amounts of\\npersonally identifiable information collected by such establishments,\\nand the possibility of public dissemination of that information, pose a\\nserious threat to the personal privacy of New Yorkers and is therefore a\\nmatter of state concern.\\n It is the intent of the legislature by enactment of this article to\\nprotect the personal privacy of individuals and their families who rent\\nvideo cassette tapes and movies and similar audio visual materials,\\nwithout unreasonably restricting the ability of video tape service\\nproviders to collect and use information as is necessary to conducting\\ntheir businesses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "672", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-29", "2025-08-01" ], "docLevelId" : "672", "activeDate" : "2014-09-22", "sequenceNo" : 1077, "repealedDate" : null, "fromSection" : "672", "toSection" : "672", "text" : " § 672. Definitions. 1. The term \"consumer\" means any renter,\\npurchaser, or subscriber of goods or services from a video tape service\\nprovider or video tape seller.\\n 2. The term \"ordinary course of business\" means only debt collection\\nactivities, order fulfillment, request processing, and the transfer of\\nownership.\\n 3. The term \"personally identifiable information\" means any\\ninformation which identifies a person as having requested or obtained\\nspecific video materials or services from a video tape service provider\\nor video tape seller.\\n 4. The term \"video tape service provider\" means any person engaged in\\nthe business of rental of prerecorded video cassette tapes or similar\\naudio visual materials, or any person or other entity to whom a\\ndisclosure is made pursuant to section six hundred seventy-three of this\\narticle but only with respect to the information contained in the\\ndisclosure.\\n 5. The term \"video tape seller\" means any person engaged in the\\nbusiness of selling prerecorded video cassette tapes or similar audio\\nvisual materials, or any person or other entity to whom a disclosure is\\nmade pursuant to section six hundred seventy-four of this article, but\\nonly with respect to the information contained in the disclosure.\\n 6. The term \"informed, written consent of the consumer\" means that the\\nvideo tape service provider prior to furnishing any video tape services\\nshall offer the consumer an opportunity conforming to the notice\\ncontained herein to elect not to have personally identifiable\\ninformation disclosed. Such notice shall be in writing in at least ten\\npoint bold face type, affixed to any membership, subscriber or rental\\nagreement between the consumer and the video tape service provider, and\\nshall be posted on a sign in full and clear view of the consumer at the\\npoint of rental transaction, and shall read as follows:\\n This video tape service provider from time to time provides to\\nmarketers of goods and services, the names and addresses of customers\\nand a description or subject matter of materials rented by video\\ncustomers. You have the right to elect not to have your name, address or\\nthe description or subject matter of any material rented included in\\nsuch lists. This election may be changed by you, in writing, at any\\ntime.\\n I do not object to the release of my name, address or the description\\nor subject matter of the material rented.\\n________________________________\\nSignature\\nI do object to the release of such information.\\n________________________________\\nSignature\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "673", "title" : "Wrongful disclosure of video tape rental records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "673", "activeDate" : "2014-09-22", "sequenceNo" : 1078, "repealedDate" : null, "fromSection" : "673", "toSection" : "673", "text" : " § 673. Wrongful disclosure of video tape rental records. 1. A video\\ntape service provider who knowingly discloses, to any person, personally\\nidentifiable information concerning any consumer of such provider shall\\nbe liable to the aggrieved person for the relief provided in section six\\nhundred seventy-five of this article.\\n 2. A video tape service provider shall disclose personally\\nidentifiable information concerning any consumer:\\n (a) to a grand jury pursuant to a grand jury subpoena;\\n (b) pursuant to a court order, in a civil proceeding upon a showing of\\ncompelling need for the information that cannot be accommodated by any\\nother means, or in a criminal proceeding upon a showing of legitimate\\nneed for the information that cannot be accommodated by any other means,\\nif:\\n (i) the consumer is given reasonable notice, by the person seeking the\\ndisclosure, of the court proceeding relevant to the issuance of the\\ncourt order;\\n (ii) the consumer is afforded the opportunity to appear and contest\\nthe claim of the person seeking the disclosure; and\\n (iii) the court imposes appropriate safeguards against unauthorized\\ndisclosure;\\n (c) to a law enforcement agency pursuant to a warrant lawfully\\nobtained under the laws of this state or the United States; or\\n (d) to a court pursuant to a civil action for conversion commenced by\\nthe video tape service provider or to enforce collection of fines for\\noverdue or unreturned video tapes, and then only to the extent necessary\\nto establish the fact of the rental. Notwithstanding the foregoing, a\\ncourt shall impose appropriate safeguards against unauthorized\\ndisclosure.\\n 3. A video tape service provider may disclose personally identifiable\\ninformation concerning any consumer:\\n (a) to the consumer;\\n (b) to any person with the informed, written consent of the consumer;\\nor\\n (c) to any person if the disclosure is incident to the ordinary course\\nof business of the video tape service provider.\\n 4. Personally identifiable information obtained in any manner other\\nthan as provided in this section shall not be received in evidence in\\nany trial, hearing, arbitration, or other proceeding in or before any\\ncourt, grand jury, department, officer, agency, regulatory body,\\nlegislative committee or other authority of the state or any political\\nsubdivision thereof.\\n 5. A person subject to this section shall destroy personally\\nidentifiable information as soon as practicable, but no later than one\\nyear from the date the information is no longer necessary for the\\npurpose for which it was collected and there are no pending requests or\\norders for access to such information under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "674", "title" : "Wrongful disclosure of video tape sales records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-29" ], "docLevelId" : "674", "activeDate" : "2014-09-22", "sequenceNo" : 1079, "repealedDate" : null, "fromSection" : "674", "toSection" : "674", "text" : " § 674. Wrongful disclosure of video tape sales records. 1. A video\\ntape seller who knowingly discloses, to any person, personally\\nidentifiable information concerning any consumer of such seller shall be\\nliable to the aggrieved person for the relief provided in section six\\nhundred seventy-five of this article.\\n 2. A video tape seller shall disclose personally identifiable\\ninformation concerning any consumer:\\n (a) to a grand jury pursuant to a grand jury subpoena;\\n (b) pursuant to a court order, in a civil proceeding upon a showing of\\ncompelling need for the information that cannot be accommodated by any\\nother means, or in a criminal proceeding upon a showing of legitimate\\nneed for the information that cannot be accommodated by any other means,\\nif:\\n (i) the consumer is given reasonable notice, by the person seeking the\\ndisclosure, of the court proceeding relevant to the issuance of the\\ncourt order;\\n (ii) the consumer is afforded the opportunity to appear and contest\\nthe claim of the person seeking the disclosure; and\\n (iii) the court imposes appropriate safeguards against unauthorized\\ndisclosure;\\n (c) to a law enforcement agency pursuant to a warrant lawfully\\nobtained under the laws of this state or the United States; or\\n (d) to a court pursuant to a civil action for conversion commenced by\\nthe video tape seller or to enforce collection for unpaid video tapes,\\nand then only to the extent necessary to establish the fact of the sale.\\nNotwithstanding the foregoing, a court shall impose appropriate\\nsafeguards against unauthorized disclosure.\\n 3. A video tape seller may disclose personally identifiable\\ninformation concerning any consumer:\\n (a) to the consumer;\\n (b) (i) to any person with the informed, written consent of the\\nconsumer; or\\n (ii) to any person if the disclosure is solely of the names and\\naddresses of consumers and if: (1) the video tape seller has provided\\nthe consumer with the opportunity, in a clear and conspicuous manner, to\\nprohibit such disclosure. The consumer is advised of such opportunity by\\nmeans of a sign posted in full and clear view of the consumer at the\\npoint of sale, if such seller maintains a retail sales outlet; and\\n (2) the disclosure does not identify the title, description, or\\nsubject matter of any video tapes or other audio visual material;\\nhowever, the subject matter of such materials may be disclosed if the\\ndisclosure is for the exclusive use of marketing goods and services\\ndirectly to the consumer; or\\n (c) to any person if the disclosure is incident to the ordinary course\\nof business of the video tape service provider.\\n 4. Personally identifiable information obtained in any manner other\\nthan as provided in this section shall not be received in evidence in\\nany trial, hearing, arbitration, or other proceeding in or before any\\ncourt, grand jury, department, officer, agency, regulatory body,\\nlegislative committee or other authority of the state or any political\\nsubdivision thereof.\\n 5. A person subject to this section shall destroy personally\\nidentifiable information as soon as practicable, but no later than one\\nyear from the date the information is no longer necessary for the\\npurpose for which it was collected and there are no pending requests or\\norders for access to such information under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "675", "title" : "Civil liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "675", "activeDate" : "2014-09-22", "sequenceNo" : 1080, "repealedDate" : null, "fromSection" : "675", "toSection" : "675", "text" : " § 675. Civil liability. 1. Any person found to be in violation of this\\narticle shall be liable to the aggrieved consumer for all actual damages\\nsustained by such consumer as a result of the violation, provided that\\nany consumer who prevails or substantially prevails in an action brought\\nunder this section shall receive not less than five hundred dollars in\\ndamages, regardless of the amount of actual damage proved, plus costs,\\ndisbursements and reasonable attorneys' fees.\\n 2. Whenever there shall be a violation of this article, an application\\nmay be made by the attorney general in the name of the people of the\\nstate of New York to a court or justice having jurisdiction by a special\\nproceeding to issue an injunction, and upon notice to the defendant of\\nnot less than five days, to enjoin and restrain the continuance of such\\nviolation; and if it shall appear to the satisfaction of the court or\\njustice that the defendant has, in fact, violated this article, an\\ninjunction may be issued by such court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\narticle has occurred, the court may impose a civil penalty of not more\\nthan one thousand dollars for such violation. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n 3. No action may be brought under the provisions of this section\\nunless such action is commenced within two years from the date of the\\nact complained of or of the date of discovery of such act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A32*", "title" : "Wheelchair Warranties", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "32*", "activeDate" : "2014-09-22", "sequenceNo" : 1081, "repealedDate" : null, "fromSection" : "670*2", "toSection" : "670*2", "text" : " * ARTICLE 32\\n WHEELCHAIR WARRANTIES\\nSection 670*2. Repair, replacement and refund under new wheelchair\\n warranties.\\n * NB There are 2 Article 32's\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "670*2", "title" : "Repair, replacement and refund under new wheelchair warranties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "670*2", "activeDate" : "2014-09-22", "sequenceNo" : 1082, "repealedDate" : null, "fromSection" : "670*2", "toSection" : "670*2", "text" : " * § 670. Repair, replacement and refund under new wheelchair\\nwarranties. 1. As used in this section:\\n a. \"Collateral costs\" means expenses incurred by a consumer in\\nconnection with the repair of a nonconformity, including the costs of\\nobtaining an alternative wheelchair or other assistive device for\\nmobility.\\n b. \"Consumer\" means any of the following:\\n (1) The purchaser of a wheelchair, if the wheelchair was purchased\\nfrom a wheelchair dealer or manufacturer for purposes other than resale.\\n (2) A person to whom the wheelchair is transferred for purposes other\\nthan resale, if the transfer occurs before the expiration of an express\\nwarranty applicable to the wheelchair.\\n (3) A person who may enforce the warranty.\\n (4) A person who leases a wheelchair from a wheelchair lessor under a\\nwritten lease.\\n (5) State governmental agencies, subscribers to article forty-three of\\nthe insurance law, corporations, subscribers of organizations organized\\nunder article forty-four of the public health law, and programs governed\\nby title eleven of article five of the social services law.\\n c. \"Demonstrator\" means a wheelchair used primarily for the purpose of\\ndemonstration to the public.\\n d. \"Early termination cost\" means any expense or obligation that a\\nwheelchair lessor incurs as a result of both the termination of a\\nwritten lease before the termination date set forth in that lease and\\nthe return of a wheelchair to a manufacturer pursuant to subparagraph\\nthree of paragraph b of subdivision three of this section. \"Early\\ntermination cost\" includes a penalty for prepayment under a finance\\narrangement.\\n e. \"Early termination savings\" means any expense or obligation that a\\nwheelchair lessor avoids as a result of both the termination of a\\nwritten lease before that termination date set forth in that lease and\\nthe return of a wheelchair to a manufacturer pursuant to subparagraph\\nthree of paragraph b of subdivision three of this section. \"Early\\ntermination savings\" includes an interest charge that the wheelchair\\nlessor would have paid to finance the wheelchair or, if the wheelchair\\nlessor does not finance the wheelchair, the difference between the total\\namount for which the lease obligates the consumer during the period of\\nthe lease term remaining after the early termination and the present\\nvalue of that amount at the date of the early termination.\\n f. \"Manufacturer\" means a person who manufactures or assembles\\nwheelchairs and agents of that person, including an importer, a\\ndistributor, factory branch, distributor branch and any warrantors of\\nthe manufacturer's wheelchair, but does not include a wheelchair dealer.\\n g. \"Wheelchair\" means any wheelchair, including a demonstrator, that a\\nconsumer purchases or accepts transfer of in this state.\\n h. \"Wheelchair dealer\" means a person who is in the business of\\nselling wheelchairs.\\n i. \"Wheelchair lessor\" means a person who leases a wheelchair to a\\nconsumer, or who holds the lessor's rights, under a written lease.\\n j. \"Nonconformity\" means a condition or defect that substantially\\nimpairs the use, value or safety of a wheelchair, and that is covered by\\nan express warranty applicable to the wheelchair or to a component of\\nthe wheelchair, but does not include a condition or defect that is the\\nresult of abuse, neglect or unauthorized modification or alteration of\\nthe wheelchair by a consumer.\\n k. \"Reasonable attempt to repair\" means that, within the term of an\\nexpress warranty applicable to a new wheelchair, any nonconformity\\nwithin the warranty is either subject to repair by the manufacturer,\\nwheelchair lessor or any of the manufacturer's authorized wheelchair\\ndealers, for at least three times and a nonconformity continues, or that\\nthe wheelchair is out of service for an aggregate of at least thirty\\ndays because of warranty nonconformity, after having been returned to\\nthe manufacturer, wheelchair lessor or any of the manufacturer's\\nauthorized wheelchair dealers for repair.\\n 2. a. A manufacturer who sells a wheelchair to a consumer, either\\ndirectly or through a wheelchair dealer, shall furnish the consumer with\\nan express warranty for the wheelchair. The duration of the express\\nwarranty shall be not less than one year after first delivery of the\\nwheelchair to the consumer. In the absence of an express warranty from\\nthe manufacturer, the manufacturer shall be deemed to have expressly\\nwarranted to the consumer of a wheelchair that, for a period of one year\\nfrom the date of first delivery to the consumer, the wheelchair will be\\nfree from any condition or defect which substantially impairs the value\\nof the wheelchair to the consumer.\\n b. The following notice shall be provided in conspicuous type and in\\nsubstantially the following form by the manufacturer, wheelchair dealer\\nor wheelchair lessor to each consumer at the time of purchase:\\n WHEELCHAIR LEMON LAW BILL OF RIGHTS\\n (1) By law, the manufacturer shall be deemed to have provided to you,\\nthe purchaser of a wheelchair, a one year warranty which starts on the\\ndate of first delivery to you. This warranty provides that the\\nwheelchair will be free from any condition or defect that substantially\\nimpairs its use, value or safety.\\n (2) To ensure you receive the benefits of this warranty, you must\\nreport any problems and make the wheelchair available to the\\nmanufacturer, authorized wheelchair dealer or wheelchair lessor for\\nrepair before one year after first delivery.\\n (3) Upon notification and the wheelchair's being made available to the\\nmanufacturer or its authorized dealer, the problem must be corrected\\nfree of charge.\\n (4) During the warranty period, if any condition or defect cannot be\\nrepaired after three attempts or if your wheelchair is out of service\\nfor a total of thirty days for repairs to any condition or defect which\\nsubstantially impairs the use, value or safety of the wheelchair, you\\nare entitled to either a comparable new wheelchair or a refund or, if\\nyou are leasing a wheelchair, replacement of your wheelchair with a\\ncomparable new wheelchair or a refund of the full purchase price plus\\nany finance charge and collateral costs, minus a reasonable allowance\\nfor use.\\n (5) The warranty provided to you by law does not cover conditions or\\ndefects that result from abuse, neglect or unauthorized modification or\\nalteration of the wheelchair and relieves the manufacturer of liability\\nfor repairs in these instances.\\n (6) A manufacturer may refuse to replace a wheelchair or refund your\\npurchase price if a problem does not substantially impair the use, value\\nor safety of your wheelchair.\\n (7) You may submit any dispute with a manufacturer, dealer or lessor\\narising from a dispute over the repair of your wheelchair to an\\nalternate arbitration mechanism established pursuant to rules\\npromulgated by the New York state attorney general.\\n (8) No contract or agreement for the sale or lease of a wheelchair can\\nvoid any of these rights.\\n 3. a. If a new wheelchair does not conform to an applicable express\\nwarranty and the consumer reports the nonconformity to the manufacturer,\\nthe wheelchair lessor or any of the manufacturer's authorized wheelchair\\ndealers and makes the wheelchair available for repair before one year\\nafter first delivery of the wheelchair to a consumer, the nonconformity\\nshall be repaired at no charge to the consumer.\\n b. (1) If, after a reasonable attempt to repair, the nonconformity is\\nnot repaired, the manufacturer shall carry out the requirement set forth\\nunder either subparagraph two or three of this paragraph, whichever is\\nappropriate.\\n (2) At the direction of a consumer described under subparagraph one,\\ntwo or three of paragraph b of subdivision one of this section, do one\\nof the following:\\n (a) Accept return of the wheelchair and replace the wheelchair with a\\ncomparable new wheelchair and refund any collateral costs.\\n (b) Accept return of the wheelchair and refund to the consumer and to\\nany holder of a perfected security interest in the consumer's\\nwheelchair, as their interest may appear, the full purchase price plus\\nany finance charge amount paid by the consumer at the point of sale and\\ncollateral costs, less a reasonable allowance for use. A reasonable\\nallowance for use may not exceed the amount obtained by multiplying the\\nfull purchase price of the wheelchair by a fraction, the denominator of\\nwhich is one thousand eight hundred twenty-five and the numerator of\\nwhich is the number of days that the wheelchair was driven before the\\nconsumer first reported the nonconformity to the wheelchair dealer.\\n (3) (a) With respect to a consumer described under subparagraph four\\nof paragraph b of subdivision one of this section, accept return of the\\nwheelchair, refund to the wheelchair lessor and to any holder of a\\nperfected security interest in the wheelchair, as their interest may\\nappear, the current value of the written lease and refund to the\\nconsumer the amount that the consumer paid under the written lease plus\\nany collateral costs, less a reasonable allowance for use.\\n (b) The current value of the written lease equals the total amount for\\nwhich that lease obligates the consumer during the period of the lease\\nremaining after its early termination, plus the wheelchair dealer's\\nearly termination costs and the value of the wheelchair at the lease\\nexpiration date if the lease sets forth that value, less the wheelchair\\nlessor's early termination savings.\\n (c) A reasonable allowance for use may not exceed the amount obtained\\nby multiplying the total amount for which the written lease obligates\\nthe consumer by a fraction, the denominator of which is one thousand\\neight hundred twenty-five and the numerator of which is the number of\\ndays that the consumer drove the wheelchair before first reporting the\\nnonconformity to the manufacturer, wheelchair lessor or wheelchair\\ndealer.\\n c. To receive a comparable new wheelchair or a refund due under\\nsubparagraph one or two of paragraph b of this subdivision, a consumer\\ndescribed under subparagraph one, two or three of paragraph b of\\nsubdivision one of this section, shall offer to the manufacturer of the\\nwheelchair having the nonconformity to transfer possession of that\\nwheelchair to that manufacturer. No later than twenty days after that\\noffer, the manufacturer shall provide the consumer with the comparable\\nnew wheelchair or refund. When the manufacturer provides the new\\nwheelchair or refund, the consumer shall return the wheelchair having\\nthe nonconformity to the manufacturer, along with any endorsements\\nnecessary to transfer real possession to the manufacturer.\\n d. (1) To receive a refund due under subparagraph three of paragraph b\\nof this subdivision, a consumer described under subparagraph four of\\nparagraph b of subdivision one of this section shall offer to return the\\nwheelchair having the nonconformity to its manufacturer. No later than\\nthirty days after that offer, the manufacturer shall provide the refund\\nto the consumer. When the manufacturer provides the refund, the consumer\\nshall return to the manufacturer the wheelchair having the\\nnonconformity.\\n (2) To receive a refund due under subparagraph three of paragraph b of\\nthis subdivision, a wheelchair lessor shall offer to transfer possession\\nof the wheelchair having the nonconformity to its manufacturer. No later\\nthan thirty days after that offer, the manufacturer shall provide the\\nrefund to the wheelchair lessor. When the manufacturer provides the\\nrefund, the wheelchair lessor shall provide to the manufacturer any\\nendorsements necessary to transfer legal possession to the manufacturer.\\n (3) No person may enforce the lease against the consumer after the\\nconsumer receives a refund due under subparagraph three of paragraph b\\nof this subdivision.\\n e. No wheelchair returned by a consumer or wheelchair lessor in this\\nstate pursuant to paragraph b of this subdivision, or by a consumer or\\nwheelchair lessor in another state under a similar law of that state,\\nmay be sold or leased again in this state unless full disclosure of the\\nreasons for return is made to any prospective buyer or lessee.\\n 4. a. Each consumer shall have the option of submitting any dispute\\narising under this section upon the payment of a prescribed filing fee\\nto an alternate arbitration mechanism established pursuant to\\nregulations promulgated hereunder by the New York state attorney\\ngeneral. Upon application of the consumer and payment of the filing fee,\\nall manufacturers shall submit to such alternate arbitration.\\n b. Such alternate arbitration shall be conducted by a professional\\narbitrator or arbitration firm appointed by and under regulations\\nestablished by the New York state attorney general. Such mechanism shall\\ninsure the personal objectivity of its arbitrators and the right of each\\nparty to present its case, to be in attendance during any presentation\\nmade by the other party and to rebut or refute such presentation. In all\\nother respects, such alternate arbitration mechanism shall be governed\\nby article seventy-five of the civil practice law and rules. Where\\napplicable, any action required of a manufacturer, wheelchair dealer or\\nwheelchair lessor to comply with a final decision of such arbitrator\\nshall be completed within forty days of the date of such decision.\\n 5. This section does not limit rights or remedies available to a\\nconsumer under any other law.\\n 6. Any waiver by a consumer of rights under this section is void.\\n 7. In addition to pursuing any other remedy, a consumer may bring an\\naction to recover for any damages caused by a violation of this section.\\nThe court shall award a consumer who prevails in such an action twice\\nthe amount of any pecuniary loss, together with costs, disbursements and\\nreasonable attorney fees, and any equitable relief that the court\\ndetermines is appropriate.\\n * NB There are 2 § 670's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A33", "title" : "Franchises", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33", "activeDate" : "2014-09-22", "sequenceNo" : 1083, "repealedDate" : null, "fromSection" : "680", "toSection" : "695", "text" : " ARTICLE 33\\n FRANCHISES\\nSection 680. Legislative findings and declaration of policy.\\n 681. Definitions.\\n 682. Scope.\\n 683. Disclosure requirements.\\n 684. Exemptions.\\n 685. Escrows and impoundments.\\n 686. Designation of secretary of state as agent for service of\\n process; service of process.\\n 687. Fraudulent and unlawful practices.\\n 688. Investigations.\\n 689. Action by the department of law.\\n 690. Violations and penalties.\\n 691. Civil remedies.\\n 692. Enforcement by attorney general.\\n 693. Immunity.\\n 694. Administration.\\n 695. Separability clause; construction.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "680", "title" : "Legislative findings and declaration of policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "680", "activeDate" : "2014-09-22", "sequenceNo" : 1084, "repealedDate" : null, "fromSection" : "680", "toSection" : "680", "text" : " § 680. Legislative findings and declaration of policy. 1. The\\nlegislature hereby finds and declares that the widespread sale of\\nfranchises is a relatively new form of business which has created\\nnumerous problems in New York. New York residents have suffered\\nsubstantial losses where the franchisor or his representative has not\\nprovided full and complete information regarding the\\nfranchisor-franchisee relationship, the details of the contract between\\nthe franchisor and franchisee, the prior business experience of the\\nfranchisor, and other factors relevant to the franchise offered for\\nsale.\\n 2. It is hereby determined and declared that the offer and sale of\\nfranchises, as defined in this article, is a matter affected with a\\npublic interest and subject to the supervision of the state, for the\\npurpose of providing prospective franchisees and potential franchise\\ninvestors with material details of the franchise offering so that they\\nmay participate in the franchise system in a manner that may avoid\\ndetriment to the public interest and benefit the commerce and industry\\nof the state. Further, it is the intent of this law to prohibit the sale\\nof franchises where such sale would lead to fraud or a likelihood that\\nthe franchisor's promises would not be fulfilled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "681", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "681", "activeDate" : "2014-09-22", "sequenceNo" : 1085, "repealedDate" : null, "fromSection" : "681", "toSection" : "681", "text" : " § 681. Definitions. 1. \"Advertisement\" includes any written or printed\\ncommunication, or any communication by means of recorded telephone\\nmessages or spoken on radio, television, or similar communications\\nmedia, published in connection with an offer or sale of a franchise.\\n 2. \"Department\" means the department of law.\\n 3. \"Franchise\" means a contract or agreement, either expressed or\\nimplied, whether oral or written, between two or more persons by which:\\n (a) A franchisee is granted the right to engage in the business of\\noffering, selling, or distributing goods or services under a marketing\\nplan or system prescribed in substantial part by a franchisor, and the\\nfranchisee is required to pay, directly or indirectly, a franchise fee,\\nor\\n (b) A franchisee is granted the right to engage in the business of\\noffering, selling, or distributing goods or services substantially\\nassociated with the franchisor's trademark, service mark, trade name,\\nlogotype, advertising, or other commercial symbol designating the\\nfranchisor or its affiliate, and the franchisee is required to pay,\\ndirectly or indirectly, a franchise fee.\\n A franchise under this article shall not include any agreement,\\ncontract, or franchise subject to the provisions of article eleven-B of\\nthis chapter or section one hundred ninety-nine of this chapter, or any\\nagreement or contract for the sale of motor fuel.\\n 4. A \"franchisee\" is a person to whom a franchise is granted.\\n 5. A \"franchisor\" is a person who grants a franchise.\\n 6. \"Area franchise\" means a contract or agreement between a franchisor\\nand a subfranchisor whereby the subfranchisor is granted the right, for\\nconsideration given in whole or in part for such right, to sell or\\nnegotiate the sale of franchises in the name or on behalf of the\\nfranchisor; unless specifically stated otherwise, \"franchise\" includes\\n\"area franchise\".\\n 7. \"Franchise fee\" means any fee or charge that a franchisee or\\nsubfranchisor is required to pay or agrees to pay directly or indirectly\\nfor the right to enter into a business under a franchise agreement or\\notherwise sell, resell or distribute goods, services, or franchises\\nunder such an agreement, including, but not limited to, any such payment\\nfor goods or services. The following are not the payment of a franchise\\nfee:\\n (a) The purchase or agreement to purchase goods at a bona fide\\nwholesale price;\\n (b) The payment of a reasonable service charge to the issuer of a\\ncredit card by an establishment accepting or honoring such credit card;\\n (c) Amounts paid to a trading stamp company by a person issuing\\ntrading stamps in connection with the retail sale of merchandise or\\nservices;\\n (d) The purchase or lease, at fair market value, of real property or\\nagreement to so purchase or lease real property necessary to enter into\\nthe business or to continue the business under the franchise agreement;\\n (e) The payment of a fee which on an annual basis does not exceed five\\nhundred dollars where the payor receives sales materials of an\\nequivalent or greater value than his payment;\\n (f) The purchase of sales demonstration equipment and materials\\nfurnished at cost for use in making sales and not for resale;\\n (g) A lease, license or other agreement by a retailer permitting the\\nlessee, licensee or beneficiary to offer, sell or distribute goods or\\nservices on or about the premises occupied by said retailer.\\n 8. \"Franchise sales agent\" means a person who directly or indirectly\\nengages in the offer or sale of any franchise on behalf of another.\\nFranchisors, subfranchisors, and their employees are not to be\\nconsidered franchise sales agents.\\n 9. \"Franchise salesman\" means each and every person employed by a\\nfranchisor or franchise sales agent for the purpose of representing such\\nfranchisor or franchise sales agent in the offer or sale of any\\nfranchise.\\n 10. \"Fraud,\" \"fraudulent practice,\" and \"deceit\" are not limited to\\ncommon law fraud or deceit, and include:\\n (a) Any deception, concealment, suppression, device, scheme or\\nartifice employed by a franchisor, franchise sales agent, subfranchisor\\nor franchise salesman to obtain any money, promissory note, commitment\\nor property by any false or visionary pretense, representation or\\npromise;\\n (b) Any material misrepresentation in any registered prospectus filed\\nunder this article; or\\n (c) The omission of any material fact in any registered prospectus\\nfiled under this article.\\n 11. \"Offer\" or \"offer to sell\" includes any attempt to offer to\\ndispose of, or solicitation of an offer to buy, a franchise or interest\\nin a franchise for value. The terms \"offer\" and \"offer to sell\" do not\\ninclude the renewal or extension of an existing franchise where there is\\nno interruption in the operation of the franchised business by the\\nfranchisee.\\n 12. (a) An offer or sale of a franchise is made in this state when an\\noffer to sell is made in this state, or an offer to buy is accepted in\\nthis state, or, if the franchisee is domiciled in this state, the\\nfranchised business is or will be operated in this state.\\n (b) An offer to sell is made in this state when the offer either\\noriginated from this state or is directed by the offeror to this state\\nand received at the place to which it is directed. An offer to sell is\\naccepted in this state when acceptance is communicated to the offeror\\nfrom this state.\\n (c) An offer to sell is not made in this state merely because a\\npublisher circulates or there is circulated on his behalf in this state\\na bona fide newspaper or other publication of general, regular and paid\\ncirculation which has had more than two-thirds of its circulation\\noutside this state during the past twelve months, or a radio or\\ntelevision program originating outside this state is received in this\\nstate.\\n 13. \"Person\" means an individual, corporation, partnership, joint\\nventure, association, company, trust, unincorporated organization or\\nother entity and shall include any other person that has a substantial\\ninterest in or effectively controls such person, as well as the\\nindividual officers, directors, general partners, trustees or other\\nindividuals in control of the activities of each such person.\\n 14. \"Publish\" means publicly to issue or circulate by newspaper, mail,\\nradio or television, or otherwise to disseminate to the public.\\n 15. \"Sale\" or \"sell\" includes every contract or agreement of sale,\\ncontract to sell, or disposition of, a franchise or interest in a\\nfranchise for value.\\n 16. \"State\" means any state, territory, or possession of the United\\nStates, the District of Columbia and Puerto Rico.\\n 17. \"Subfranchisor\" means a franchisee who has the right to sell or\\nsubdivide his franchise to another or others, known as \"subfranchisees,\"\\nwhile having and retaining all or part of the franchisor's interest or\\nrights under franchise agreements with such subfranchisee. Under this\\narticle and in this situation, the subfranchisee shall be considered the\\nfranchisee, and both the principal franchisor and the subfranchisor\\nshall be considered the franchisor.\\n 18. In any proceeding under this article, the burden of proving an\\nexemption or an exception from a definition is upon the person claiming\\nit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "682", "title" : "Scope", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "682", "activeDate" : "2014-09-22", "sequenceNo" : 1086, "repealedDate" : null, "fromSection" : "682", "toSection" : "682", "text" : " § 682. Scope. The disclosure requirements mandated by this article\\napply to all written or oral arrangements between a franchisor and\\nfranchisee in connection with the offer or sale of a franchise,\\nincluding, but not limited to, the franchise offering, the franchise\\nagreement, sales of goods or services, leases and mortgages of real or\\npersonal property, promises to pay, security interests, pledges,\\ninsurance, advertising, construction or installation contracts,\\nservicing contracts, and all other arrangements in which the franchisor\\nor subfranchisor has an interest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "683", "title" : "Disclosure requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "683", "activeDate" : "2014-09-22", "sequenceNo" : 1087, "repealedDate" : null, "fromSection" : "683", "toSection" : "683", "text" : " § 683. Disclosure requirements. 1. It shall be unlawful and prohibited\\nfor any person to offer to sell or sell in this state any franchise\\nunless and until there shall have been registered with the department of\\nlaw, prior to such offer or sale, a written statement to be known as an\\n\"offering prospectus\" concerning the contemplated offer or sale, which\\nshall contain the information and representations set forth in and\\nrequired by this section. Any uniform disclosure document approved for\\nuse by any agency of the federal government or sister state may be\\nutilized and sought to be registered, provided that said uniform\\ndisclosure documents comply with the provisions of this article.\\n 2. The offering prospectus sought to be registered with the department\\nof law shall be filed with the department, accompanied by an application\\nfor registration on forms prescribed by the department, and shall\\ncontain the following:\\n (a) The name of the franchisor, the name under which the franchisor is\\ndoing or intends to do business, and the name of any parent or\\naffiliated company that will engage in business transactions with\\nfranchisees.\\n (b) The franchisor's principal business address and the name and\\naddress of its agent in this state authorized to receive process.\\n (c) The business form of the franchisor, whether corporate,\\npartnership, or otherwise.\\n (d) Such information concerning the identity and business experience\\nof persons affiliated with the franchisor as the department of law may\\nby rule prescribe.\\n (e) A statement as to whether the franchisor and its principals,\\nofficers, partners, directors, or any other person identified in the\\napplication for registration:\\n (1) Has been convicted of a felony, or pleaded nolo contendere to a\\nfelony charge, or held liable or enjoined in a civil action by a final\\njudgment if such civil action involved fraud, embezzlement, fraudulent\\nconversion or misappropriation of property.\\n (2) Is subject to any currently effective order of the United States\\nsecurities and exchange commission or the securities administrator of\\nany state denying the registration of or barring, revoking or suspending\\nthe registration of such person as a securities broker or dealer, or\\ninvestment advisor, or securities agent or registered representative, or\\nis subject to any currently effective order of any national securities\\nassociation or national securities exchange, as defined in the\\nSecurities and Exchange Act of 1934, suspending or expelling such person\\nfrom membership in such association or exchange.\\n (3) Is subject to a currently effective order or ruling of the federal\\ntrade commission.\\n (4) Is subject to any currently effective injunctive or restrictive\\norder relating to business activity as a result of an action brought by\\na public agency or department, including, without limitation, actions\\naffecting a license as a real estate broker or salesman.\\n Such statement shall set forth the court, date of conviction or\\njudgment, any penalty imposed or damages assessed, or the date, nature\\nand issuer of such order.\\n (f) The length of time the franchisor: (1) has conducted a business of\\nthe type to be operated by the franchisees, (2) has granted franchises\\nfor such business, and (3) has granted franchises in other lines of\\nbusiness.\\n (g) The most recent financial statement of the franchisor, together\\nwith a statement of any material changes in the financial condition of\\nthe franchisor from the date thereof. The department of law may by rule\\nor order prescribe (1) the form and content of financial statements\\nrequired under this article, (2) the circumstances under which\\nconsolidated financial statements shall be required, and (3) the\\ncircumstances under which financial statements shall be audited by\\nindependent certified public accountants.\\n (h) A statement of the franchise fee charged, the proposed application\\nof the proceeds of such fee by the franchisor, and the formula by which\\nthe amount of the fee is determined if the fee is not uniform and the\\nsame in all cases.\\n (i) A statement describing any payments or fees other than franchise\\nfees that the franchisee or subfranchisor is required to pay to the\\nfranchisor, including royalties and payments of fees which the\\nfranchisor collects in whole or in part on behalf of a third party or\\nparties.\\n (j) A statement of the conditions under which the franchise agreement\\nmay be terminated or renewal refused or repurchased at the option of the\\nfranchisor.\\n (k) A statement as to whether, by the terms of the franchise agreement\\nor by other device or practice, the franchisee or subfranchisor is\\nrequired to purchase from the franchisor or his designee services,\\nsupplies, products, fixtures or other goods relating to the\\nestablishment or operation of the franchise business, together with a\\ndescription and the terms and conditions thereof.\\n (l) A statement as to whether, by the terms of the franchise agreement\\nor other device or practice, the franchisee is limited in the goods or\\nservices offered by him to his customers.\\n (m) A statement of the terms and conditions of any financing\\narrangements when offered directly or indirectly by the franchisor or\\nhis agent or affiliate.\\n (n) A statement of any past or present practice or of any intent of\\nthe franchisor to sell, assign, or discount to a third party any note,\\ncontract, or other obligation of the franchisee or subfranchisor in\\nwhole or in part.\\n (o) Any representation of estimated or projected franchisee earnings\\nor income, together with a statement setting forth the data, methods and\\ncomputations upon which such estimate or projection is based.\\n (p) A statement of any compensation or other benefit given or promised\\nto a public figure arising, in whole or in part, from (1) the use of the\\npublic figure in the name or symbol of the franchise, or (2) the\\nendorsement or recommendation of the franchise by the public figure in\\nadvertisements.\\n (q) A statement of the total number and location of franchises\\npresently operating and proposed to be sold.\\n (r) A statement as to whether franchisees or subfranchisors receive an\\nexclusive area or territory.\\n (s) A representation that the registered prospectus does not knowingly\\nomit any material fact or contain any untrue statement of a material\\nfact.\\n (t) Other information which the franchisor may desire to present.\\n (u) Other information or such additional disclosures related to the\\noffer or sale of the franchise as the department of law may prescribe by\\nrules or regulations promulgated under section six hundred ninety-four\\nof this article as will afford prospective franchisees an adequate basis\\nupon which to found their judgment.\\n (v) When the person filing the application for registration of an\\noffering prospectus is a subfranchisor, the prospectus shall also\\ninclude the same information concerning the subfranchisor as is required\\nfrom the franchisor pursuant to this article.\\n 3. Applications for registration of an offering prospectus shall be\\nsigned and verified by the franchisor or by the subfranchisor in the\\nsame manner provided in the civil practice law and rules for the\\nverification of pleadings.\\n 4. Every application by a franchisor for registration of an offering\\nprospectus shall be accompanied by a copy of the typical franchise\\ncontract or agreement proposed for use or in use in this state,\\nincluding all amendments, deletions, variations, and supplements\\nthereto.\\n 5. Every application by a franchisor for registration of an offering\\nprospectus shall be accompanied by such materials, data, records, or\\nother information as the department may by rule require in connection\\nwith its consideration of the application.\\n 6. The offering prospectus shall recite in bold type of not less than\\ntwelve-point that registration does not constitute approval,\\nrecommendation, or endorsement by the department of law. The department\\nmay require that the applicant set forth in its prospectus potentially\\nadverse information in designated positions and in a type size\\nacceptable to the department.\\n 7. Unless otherwise provided by regulation issued by the department,\\napplications to register the offering prospectus required by subdivision\\none of this section shall be filed with the department of law at its\\noffice in the city of New York prior to the offering of the franchise\\ninvolved. No offer, advertisement, or sale of such a franchise shall be\\nmade in or from the state of New York until the department has issued to\\nthe franchisor or other offeror a letter stating that the offering\\nprospectus sought to be registered has been accepted for filing and\\nfiled. The department, not later than thirty days after such filing,\\nshall issue such a letter or, in the alternative, a notification in\\nwriting indicating the respect in which the application for registration\\nor the proposed offering prospectus itself is deficient or otherwise\\nfails to make adequate disclosure. A refusal to register an offering\\nprospectus, and notification thereof, shall be forthcoming if the\\ndepartment finds:\\n (a) That there has been a failure to comply with any of the provisions\\nof this article or the rules of the department pertaining thereto.\\n (b) That the offer or sale of the franchise would constitute\\nmisrepresentation to, or deceit or fraud of, prospective franchisees.\\n (c) That the application for registration of the offering prospectus\\nor the proposed offering prospectus itself is incomplete in any material\\nrespect or contains any statement which is, in light of the\\ncircumstances under which it was made, false or misleading with respect\\nto any material fact.\\n (d) That the franchisor's method of business includes or would include\\nactivities which are illegal where performed.\\n (e) That a person identified in the application has been convicted of\\nan offense described in subparagraph one of paragraph (e) of subdivision\\ntwo of this section, is subject to an administrative order, or has had a\\ncivil judgment entered against him involving the illegal offering of\\nfranchises or securities, and the department determines that the\\ninvolvement of the person in the sale or management of the franchise\\ncreates an unreasonable risk to prospective franchisees.\\n (f) That the franchise offering sought to be registered is the subject\\nof a permanent or temporary injunction entered under any federal or\\nstate act applicable to the offering.\\n (g) That the franchisor has failed to pay the proper fee.\\n 8. A franchise which is subject to registration under this article\\nshall not be sold without first providing to the prospective franchisee,\\na copy of the offering prospectus, together with a copy of all proposed\\nagreements relating to the sale of the franchise at the earlier of (a)\\nthe first personal meeting between the franchisor or its agent and the\\nprospective franchisee, (b) at least ten business days prior to the\\nexecution of a binding franchise or other agreement, or (c) at least ten\\ndays prior to the receipt of any consideration in connection with the\\nsale or proposed sale of a franchise. For the purposes of this chapter,\\nthe words: (i) \"first personal meeting\" shall mean the first face to\\nface meeting between a franchisor or franchisor's agent or any\\nrepresentative or employee thereof and a prospective franchisee which is\\nheld for the purpose of discussing the sale or possible sale of a\\nfranchise; (ii) \"other agreement\" shall mean an agreement imposing a\\nbinding legal obligation on such prospective franchisee, about which the\\nfranchisor, franchise sales agent, or any agent, representative or\\nemployee thereof, knows or should know, in connection with the sale or\\nproposed sale of a franchise; and, (iii) \"receipt of any consideration\"\\nshall mean the payment by a prospective franchisee, about which the\\nfranchisor, franchise sales agent, or any agent, representative or\\nemployee thereof, knows or should know, of any consideration in\\nconnection with the sale or proposed sale of a franchise.\\n 9. (a) A franchisor shall promptly notify the department in writing,\\nby an application to amend the registered offering prospectus, of any\\nmaterial change in the information contained in the prospectus as\\noriginally submitted or amended. The department may further define by\\nrule what is a material change for the purpose and circumstances under\\nwhich an amendment of a registered prospectus shall be mandatory.\\n (b) An amendment to a registered offering prospectus filed after the\\neffective date of the registration of the original offering prospectus,\\nif the amendment is approved by the department, shall become effective\\non such date the department may determine, having due regard for the\\npublic interest and the protection of franchisees.\\n 10. (a) Neither the fact that an application for registration of an\\noffering prospectus under this article has been filed, nor the fact that\\nsuch registration has become effective, constitutes a finding by the\\ndepartment that any document filed under this article, including the\\nregistered offering prospectus, is true, complete or not misleading.\\nNeither any such fact nor the fact that an exemption is available for a\\ntransaction means that the department has passed in any way upon the\\nmerits or qualifications of, or recommended or given approval to, any\\nperson, franchise, or transaction.\\n (b) It is unlawful to make or cause to be made to any prospective\\npurchaser or offeree a representation inconsistent with paragraph (a) of\\nthis subdivision.\\n 11. No offer of a franchise shall be made except by the offering\\nprospectus registered with the department of law pursuant to this\\nsection. Any advertisement in whatever form, including periodicals or on\\nradio or television, shall contain a statement that no offer of such\\nfranchise is made except by such offering prospectus, and all such\\nadvertising shall be consistent with the representations and information\\nrequired to be set forth in such prospectus as hereinbefore in this\\nsection provided.\\n 12. In all literature employed in the offer and sale of a franchise\\nand in all advertising in connection therewith, there shall be\\ncontained, in easily readable print on the face thereof, a statement\\nthat the filing of an application for registration of an offering\\nprospectus or the acceptance and filing thereof by the department of law\\nas required by this section does not constitute approval of the offering\\nor the sale of such franchise by the department of law or the attorney\\ngeneral of this state.\\n 13. A person shall not offer to sell or sell a franchise in this state\\non behalf of a franchisor or subfranchisor, except in transactions\\nexempted under this article, unless the franchisor or subfranchisor and\\nthe person file a franchise agent's application with the department of\\nlaw on the form prescribed by the department, and the department issues\\nan order of registration for such person. The department may prescribe\\nrules relating to the qualifications, conduct, and denial, suspension,\\nor revocation or registrations of franchise sales agents.\\n 14. (a) Every franchisor or subfranchisor offering franchises for sale\\nin this state shall keep and maintain a complete set of books and\\nrecords and shall keep and maintain accounts of franchise sales in\\naccordance with generally accepted accounting principles, and shall make\\nand file with the department such reports as the department may by rule\\nprescribe, including an annual report setting forth the franchises sold\\nby it and the proceeds derived therefrom, and shall furnish to the\\ndepartment such materials relating to the offer or sale of the franchise\\nas it may by rule require. All such records are subject at any time to\\nreasonable periodic, special, or other examinations by a representative\\nof the department, within or without this state, as the department deems\\nnecessary or appropriate in the public interest or for the protection of\\ninvestors.\\n (b) The department may consider the opinions, appraisals, and reports\\nof engineers, appraisers, or other experts which may be presented by an\\napplicant or any interested party, on any question of fact concerning or\\naffecting the franchises proposed to be offered and sold. In lieu of, or\\nin addition to, such opinions, appraisals, and reports, the department\\nmay have any or all matters concerning or affecting such franchises\\ninvestigated, appraised, passed upon, and certified to it by engineers,\\nappraisers, or other experts selected by it. The experts' cost of travel\\nand lodging relating to such investigation, and the costs of experts'\\nfees, shall be borne by the applicant and shall be paid before\\neffectiveness of its registration, provided that the applicant shall\\nhave agreed in writing with the department to bear such costs and fees,\\nor shall have had the opportunity to establish that no good cause exists\\nfor such investigation or expenditure, or shall have himself furnished\\nthe desired information to the department.\\n (c) If information that the department deems necessary relating to the\\nfranchise is requested by the department and is not furnished by the\\napplicant, or the department deems information submitted to be\\nunreliable or substantially incomplete, the department may investigate\\nany or all matters concerning or affecting such franchise. The costs of\\nall travel and lodging expenses relating to investigations outside of\\nthis state shall be borne by the applicant and shall be paid before\\neffectiveness of its registration.\\n 15. The department may by rule require the filing and approval prior\\nto use of any pamphlet, circular, form letter, advertisement, or other\\nsales literature or advertising communication addressed to or intended\\nfor distribution to prospective franchisees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "684", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "684", "activeDate" : "2014-09-22", "sequenceNo" : 1088, "repealedDate" : null, "fromSection" : "684", "toSection" : "684", "text" : " § 684. Exemptions. 1. The department of law is hereby authorized and\\nempowered to exempt by rule or regulation any person, franchise, or\\ntransaction from any provision of section six hundred eighty-three of\\nthis article or from any rule or regulation thereunder if the department\\nfinds that such action is not inconsistent with the public interest or\\nthe protection of prospective franchisees.\\n 2. The department of law may, upon application and within its\\ndiscretion, exempt from the registration requirements of section six\\nhundred eighty-three of this article the offer and sale of a franchise\\nif:\\n (a) The franchisor has a net worth on a consolidated basis, according\\nto its most recently audited financial statement, of not less than five\\nmillion dollars; or the franchisor has a net worth, according to its\\nmost recently audited financial statement, of not less than one million\\ndollars and is at least eighty percent owned by a corporation which has\\na net worth on a consolidated basis, according to its most recently\\naudited financial statement, of not less than five million dollars; and\\n (b) The franchisor files with the department of law an application for\\nan exemption, on forms and in the manner prescribed by the department,\\nand a consent to service of process on the form required by the\\ndepartment; and\\n (c) The franchisor discloses in writing to each prospective\\nfranchisee, at least seven days prior to the execution by the\\nprospective franchisee of any binding franchise or other agreement, or\\nat least seven days prior to the receipt of any consideration, whichever\\noccurs first, the following information:\\n (1) The name of the franchisor, the name under which the franchisor is\\ndoing or intends to do business, and the name of any parent or\\naffiliated company that will engage in business transaction with the\\nfranchisee.\\n (2) The franchisor's principal business address and the name and\\naddress of its agent in this state authorized to receive process.\\n (3) The business form of the franchisor, whether corporate,\\npartnership, or otherwise.\\n (4) Such information concerning the identity and business experience\\nof persons affiliated with the franchisor as the department may by rule\\nprescribe.\\n (5) The business experience of the franchisor, including the length of\\ntime the franchisor (i) has conducted a business of the type to be\\noperated by franchisees, (ii) has granted franchises for such business,\\nand (iii) has granted franchises in other lines of business.\\n (6) A copy of the typical franchise contract or agreement proposed for\\nuse and in use in this state, including all amendments, deletions,\\nvariations, and supplements thereto.\\n (7) A statement of the franchise fee charged, the proposed application\\nof the proceeds of such fee by the franchisor, and the formula by which\\nthe amount of the fee is determined if the fee is not uniform and the\\nsame in all cases.\\n (8) A statement describing any payments or fees other than franchise\\nfees that the franchisee is required to pay to the franchisor, including\\nroyalties and payments or fees which the franchisor collects in whole or\\nin part on behalf of a third party or parties.\\n (9) A statement of the conditions under which the franchise agreement\\nmay be terminated or renewal refused, or repurchased at the option of\\nthe franchisor.\\n (10) A statement as to whether, by the terms of the agreement or by\\nother device or practice, the franchisee is required to purchase from\\nthe franchisor or his designee services, supplies, products, fixtures or\\nother goods relating to the establishment or operation of the franchise\\nbusiness, together with a description and the terms and conditions\\nthereof.\\n (11) A statement as to whether, by the terms of the franchise\\nagreement or by other device or practice, the franchisee is limited in\\nthe goods or services offered by him to his customers.\\n (12) A statement of the terms and conditions of any financing\\narrangements when offered directly or indirectly by the franchisor or\\nhis agent or affiliate.\\n (13) A statement of any past or present practice or of any intent of\\nthe franchisor to sell, assign, or discount to a third party any note,\\ncontract, or other obligation of the franchisee in whole or in part.\\n (14) If any statement of estimated or projected franchisee earnings or\\nincome is used, a statement of such estimate or projection and the data,\\nmethods and computations upon which such estimate or projection is\\nbased.\\n (15) A statement as to whether franchisees receive an exclusive area\\nor territory.\\n (16) Other information related to the offer and sale of the franchise\\nas the department of law may reasonably require.\\n (d) Applications for exemptions shall be signed and verified by the\\nfranchisor in the same manner provided in the civil practice law and\\nrules for the verification of pleadings, and shall be filed with the\\ndepartment of law at its office in the city of New York.\\n 3. There shall be exempted from the registration provisions of section\\nsix hundred eighty-three of this article the offer and sale of a\\nfranchise if:\\n (a) (i) The franchisor has a net worth on a consolidated basis,\\naccording to its most recent audited financial statement, of not less\\nthan fifteen million dollars; or the franchisor has a net worth,\\naccording to its most recent audited financial statement, of not less\\nthan three million dollars and is at least eighty percent owned by a\\ncorporation which has a net worth on a consolidated basis, according to\\nits most recent audited financial statement, of not less than fifteen\\nmillion dollars; and\\n (ii) The franchisor discloses in writing to each prospective\\nfranchisee, at least seven days prior to the execution by the\\nprospective franchisee of any binding franchise or other agreement, or\\nat least seven days prior to the receipt of any consideration, whichever\\noccurs first, such information as is required to be disclosed under\\nsubparagraph two of paragraph (c) of subdivision two of this section.\\n (b) The offer or sale is to a bank, savings institution, trust\\ncompany, insurance company, investment company, or other financial\\ninstitution, association, or institutional buyer, or to a broker-dealer,\\nwhere the purchaser is acting for itself or in some fiduciary capacity.\\n (c) The transaction is pursuant to an offer directed by the franchisor\\nto not more than two persons, other than persons specified in this\\nsubdivision, if the franchisor does not grant the franchisee the right\\nto offer franchises to others, a commission or other remuneration is not\\npaid directly or indirectly for soliciting a prospective franchisee in\\nthis state, and the franchisor is domiciled in this state or has filed\\nwith the department of law its consent to service of process on the form\\nprescribed by the department.\\n (d) The offer or sale by a franchisor of a franchise to one of his\\nexisting franchisees. This exemption shall apply where:\\n (i) the existing franchisee has actively operated a franchise of the\\nselling franchisor for the eighteen months preceding the offer; and\\n (ii) the existing franchisee purchases the franchise in order to\\noperate the business and not for the purpose of resale; and\\n (iii) the franchisor reports the sale to the department of law on the\\nform required by the department within fifteen days of the sale.\\n 4. The department of law may, in its discretion, deny or revoke an\\nexemption with respect to a specific franchisor or transaction, or\\nwithdraw or further condition any exemption enumerated in this section.\\n 5. The offer or sale of a franchise by a franchisee for his own\\naccount or the offer and sale of an entire area franchise owned by a\\nsubfranchisor for his own account is exempted from the registration\\nprovisions of section six hundred eighty-three of this article if:\\n (a) The sale is an isolated sale and not part of a plan of\\ndistribution of franchises; and\\n (b) The sale is not effected by or through a franchisor; and\\n (c) The franchisee furnishes to the prospective purchaser, at least\\none week prior to the execution of any binding contract or purchase\\nagreement, or at least one week prior to the receipt of any\\nconsideration, whichever occurs first, a copy of the offering prospectus\\nof the franchisor (including amendments, if any) currently registered\\nwith the department of law.\\n A sale is not effected by or through a franchisor merely because a\\nfranchisor has a right to approve or disapprove a different franchisee.\\n 6. This article shall not be applicable to any transaction relating to\\na bank credit card plan. \"Bank credit card plan\" means a credit card\\nplan in which the issuers of credit cards are only: banks regulated by\\nor under the supervision of the Federal Reserve Board; the Federal\\nDeposit Insurance Corporation; the Controller of the Currency of the\\nUnited States; or the Superintendent of Financial Services of this\\nstate; or persons controlling such banks, provided that the assets of\\nsuch a bank or banks represent a majority of the assets on a\\nconsolidated basis of any holding company system of which such card\\nissuers may be a party; or, persons controlled by such banks.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "685", "title" : "Escrows and impoundments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "685", "activeDate" : "2014-09-22", "sequenceNo" : 1089, "repealedDate" : null, "fromSection" : "685", "toSection" : "685", "text" : " § 685. Escrows and impoundments. If the department of law finds that\\nthe applicant for registration has failed to demonstrate that adequate\\nfinancial arrangements have been made to fulfill obligations to provide\\nreal estate, improvements, equipment, inventory, training, or other\\nitems included in the offering, the department may require the escrow or\\nimpoundment of franchise fees and other funds paid by the franchisee or\\nsubfranchisor until the obligations are fulfilled, or, at the option of\\nthe franchisor, the furnishing of a surety bond as provided by rule of\\nthe department of law if it finds that the requirement is necessary and\\nappropriate to protect prospective franchisees or subfranchisors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "686", "title" : "Designation of secretary of state as agent for service of process; service of process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "686", "activeDate" : "2014-09-22", "sequenceNo" : 1090, "repealedDate" : null, "fromSection" : "686", "toSection" : "686", "text" : " § 686. Designation of secretary of state as agent for service of\\nprocess; service of process. Any person who shall offer to sell or sell\\na franchise in this state as a franchisor, subfranchisor or franchise\\nsales agent shall be deemed to have irrevocably appointed the secretary\\nof state as his or its agent upon whom may be served any summons,\\ncomplaint, subpoena, subpoena duces tecum, notice, order or other\\nprocess directed to such person, or any partner, principal, officer,\\nsalesman or director thereof, or his or its successor, administrator or\\nexecutor, in any action, investigation, or proceeding which arises under\\nthis article or a rule hereunder, with the same force and validity as if\\nserved personally on such person. Service of such process upon the\\nsecretary of state shall be made by personally delivering to and leaving\\nwith him or a deputy secretary of state a copy thereof at the office of\\nthe department of state, and such service shall be sufficient provided\\nthat notice of such service and a copy of such process are sent\\nforthwith by the department to such person, by registered or certified\\nmail with return receipt requested, at his address as set forth in the\\napplication for registration of his offering prospectus or in the\\nregistered offering prospectus itself filed with the department of law\\npursuant to this article, or in default of the filing of such\\napplication or prospectus, at the last address known to the department.\\nService of such process shall be complete upon receipt by the department\\nof a return receipt purporting to be signed by the addressee or a person\\nqualified to receive his or its registered or certified mail, in\\naccordance with the rules and customs of the post office department, or,\\nif acceptance was refused or unclaimed by the addressee or his or its\\nagent, or if the addressee moved without leaving a forwarding address,\\nupon return to the department of the original envelope bearing a\\nnotation by the postal authorities that receipt thereof was refused or\\nthat such mail was otherwise undeliverable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "687", "title" : "Fraudulent and unlawful practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "687", "activeDate" : "2014-09-22", "sequenceNo" : 1091, "repealedDate" : null, "fromSection" : "687", "toSection" : "687", "text" : " § 687. Fraudulent and unlawful practices. 1. It is unlawful for any\\nperson to make any untrue statement of a material fact in any\\napplication, notice, statement, prospectus or report filed with the\\ndepartment under this article, or wilfully to omit to state in any such\\napplication, notice, statement, prospectus or report any material fact\\nwhich is required to be stated therein, or to fail to notify the\\ndepartment of any material change as required by this article.\\n 2. It is unlawful for a person, in connection with the offer, sale or\\npurchase of any franchise, to directly or indirectly:\\n (a) Employ any device, scheme, or artifice to defraud.\\n (b) Make any untrue statement of a material fact or omit to state a\\nmaterial fact necessary in order to make the statements made, in the\\nlight of the circumstances under which they were made, not misleading.\\nIt is an affirmative defense to one accused of omitting to state such a\\nmaterial fact that said omission was not an intentional act.\\n (c) Engage in any act, practice, or course of business which operates\\nor would operate as a fraud or deceit upon any person.\\n 3. It is unlawful for any person to violate any provision of this\\narticle, or any rule of the department promulgated hereunder, or any\\ncondition to the effectiveness of the registration of an offering\\nprospectus or of an exemption from the registration provisions of this\\narticle.\\n 4. Any condition, stipulation, or provision purporting to bind any\\nperson acquiring any franchise to waive compliance with any provision of\\nthis law, or rule promulgated hereunder, shall be void.\\n 5. It is unlawful to require a franchisee to assent to a release,\\nassignment, novation, waiver or estoppel which would relieve a person\\nfrom any duty or liability imposed by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "688", "title" : "Investigations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "688", "activeDate" : "2014-09-22", "sequenceNo" : 1092, "repealedDate" : null, "fromSection" : "688", "toSection" : "688", "text" : " § 688. Investigations. 1. Whenever it shall appear to the department\\nof law, either upon complaint or otherwise, that any person has violated\\nany provision of this article, the department:\\n (a) may make such investigations within or outside of this state as it\\ndeems necessary to determine whether any person has violated any\\nprovision of this article or any rule or regulation hereunder, or to aid\\nin the enforcement of this article or in the prescribing of rules and\\nforms hereunder, and\\n (b) may require or permit any person to file a statement in writing,\\nunder oath or otherwise as the attorney general determines, as to all\\nthe facts and circumstances concerning the matter to be investigated.\\n 2. The costs of all out of state travel and lodging expenses relating\\nto investigations by the department of persons who appear to the\\ndepartment to have violated any provision of this article shall be borne\\nby such persons upon a judicial determination that said persons have\\ncommitted unlawful and fraudulent acts or practices, as defined in this\\narticle, or so much thereof as is deemed proper by the court.\\n 3. The department is empowered to subpoena witnesses, compel their\\nattendance, examine them under oath before it or a court of record or a\\njudge or justice thereof, and require the production of any books or\\npapers which it deems relevant or material to the inquiry. Such power of\\nsubpoena and examination shall not abate or terminate by reason of any\\naction or proceeding brought by the department under this article.\\n 4. (a) No person is excused from attending and testifying or from\\nproducing a document or record, in obedience to the subpoena of the\\ndepartment or in a proceeding instituted by the department, on the\\nground that the testimony or evidence, documentary or otherwise,\\nrequired of him may tend to incriminate him or subject him to penalty or\\nforfeiture; but a person may not be prosecuted or subjected to a penalty\\nof forfeiture for or on account of any transaction, matter, or thing\\nconcerning which he is compelled, after validly claiming his privilege\\nagainst self-incrimination, to testify or produce evidence, documentary\\nor otherwise, except that the person testifying is not exempt from\\nprosecution and punishment for perjury or contempt committed in\\ntestifying. The department shall compel such testimony or the production\\nof such evidence only after notifying and consulting with any\\nappropriate local prosecuting authorities.\\n (b) No person shall be excused from attending such inquiry pursuant to\\nthe mandate of a subpoena, or from producing a paper or book, or from\\nbeing examined or required to answer a question, on the ground of\\nfailure of tender or payment of a witness fee and/or mileage, unless at\\nthe time of such appearance or production, as the case may be, such\\nwitness makes demand for such payment as a condition precedent to the\\noffering of testimony or production required by the subpoena and unless\\nsuch payment is not thereupon made. The provision for payment of witness\\nfees and/or mileage shall not apply to any officer, director, salesman\\nor other person in the employ of any person whose conduct or practice is\\nbeing investigated.\\n 5. If a person subpoenaed to attend such inquiry fails to obey the\\ncommand of a subpoena without reasonable cause, or if a person in\\nattendance upon such inquiry shall without reasonable cause refuse to be\\nsworn or to be examined or to answer a question or to produce and permit\\nreasonable examination of a book or paper when ordered so to do by the\\nofficer conducting such inquiry, or if a person fails to perform any act\\nrequired hereunder to be performed, he shall be guilty of a class A\\nmisdemeanor punishable as provided in section six hundred ninety of this\\narticle.\\n 6. It shall be the duty of all public officers, their deputies,\\nassistants, subordinates, clerks or employees and all other persons to\\nrender and furnish to the department or other designated officer when\\nrequested all information and assistance in their possession or within\\ntheir power with respect to all matters being investigated by the\\ndepartment under this article. Any officer participating in such inquiry\\nand any person examined as a witness upon such inquiry who shall\\ndisclose to any person other than his attorney or the department the\\nname of any witness examined or any other information obtained upon such\\ninquiry except as directed by the department shall be guilty of a class\\nA misdemeanor punishable as provided in section six hundred ninety of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "689", "title" : "Action by the department of law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "689", "activeDate" : "2014-09-22", "sequenceNo" : 1093, "repealedDate" : null, "fromSection" : "689", "toSection" : "689", "text" : " § 689. Action by the department of law. 1. Whenever the department\\nshall believe from evidence satisfactory to it that any person has\\nengaged in or is engaged in or is about to engage in any practice or\\ntransaction heretofore referred to as and declared to be an unlawful or\\na fraudulent practice, it may bring an action in the name and on behalf\\nof the people of the state of New York against such person and any other\\nperson theretofore concerned in or in any way participating in such\\nunlawful or fraudulent practice, to enjoin such person or persons from\\ncontinuing such unlawful and fraudulent practice or engaging therein or\\ndoing any act or acts in furtherance thereof or, if the department\\nshould believe from such evidence that such person actually has or is\\nengaged in any such unlawful or fraudulent practice, it may include in\\nsuch action an application to enjoin permanently such person and such\\nother person as may have been or may be concerned with or in any way\\nparticipating in such unlawful or fraudulent practice, from selling or\\noffering for sale within or from this state as franchisor, franchise\\nsales agent, franchise salesman, or a principal thereof, any franchise\\noffered or to be offered or sold, or from continuing any such practice.\\nIn said action an order or a judgment may be entered awarding the relief\\napplied for or so much thereof as the court may deem proper. Upon a\\nshowing by the department in its application for a permanent injunction\\nhereunder that the defendant named in the action or an officer thereof\\nhas refused to be sworn or to be examined or to answer a material\\nquestion or to produce a book or paper relevant to the inquiry when duly\\nordered to do so by the officer or judge duly conducting an inquiry into\\nthe subject matter forming the basis of the application for such\\ninjunction, such refusal shall be prima facie proof that such defendant\\nis or has engaged in an unlawful or fraudulent practice as set forth in\\nsuch application and a permanent injunction may issue from the supreme\\ncourt without further showing by the department. In an action brought\\nunder this section the court may award to the plaintiff a sum not in\\nexcess of ten thousand dollars for each defendant as an additional\\nallowance.\\n 2. Upon a showing by the department, in an application for an\\ninjunction, that any person engaged in the offer or sale of a franchise\\nin this state has ever been convicted by a court of competent\\njurisdiction in any state or county of any felony or of any other\\ncriminal offense by any such court, whether or not constituting a\\nfelony, involving franchises, securities or subdivided land, the supreme\\ncourt after a hearing may issue a permanent injunction awarding the\\nrelief applied for, or so much thereof as the court may deem proper,\\nagainst such person shown to have been so convicted, in the form and\\nmanner provided for in subdivision one of this section in the case of\\none who actually has or is engaged in any unlawful or fraudulent\\npractice.\\n 3. If a franchise is offered or sold within the state of New York by a\\nnon-resident person and such non-resident person has not filed pursuant\\nto laws heretofore or hereafter existing the designation of a person\\nupon whom process against him or it may be served or the designation of\\nthe secretary of state as such person, pursuant to section thirteen\\nhundred four of the business corporation law or other laws heretofore or\\nhereafter existing, or in lieu thereof, an instrument in writing duly\\nacknowledged and filed in the office of the secretary of state\\ndesignating the secretary of state as the person upon whom may be served\\nany subpoena, subpoena duces tecum or other process directed to such\\nnon-resident person and issued in any investigation, examination or\\nproceeding pending or about to be instituted under and pursuant to the\\nprovisions of this article, the department may serve a notice upon such\\nnon-resident person by mailing the same in a securely sealed postpaid\\nwrapper addressed to such non-resident person at its or his last known\\nplace of business or residence, and may in such notice require that such\\nnon-resident person furnish a written statement under oath, as required\\nin said notice, giving the information therein specified relating to the\\nfranchise offered, to be offered or sold in the state of New York by\\nsuch non-resident person or, in the alternative, that such non-resident\\nperson shall appear within a reasonable time from the date of mailing\\nsuch notice at a designated place within this state for examination and\\nshall produce at the time and place of such examination such books and\\npapers of such non-resident person as may be designated in such notice.\\n If such non-resident person shall fail to appear pursuant thereto or\\nto produce the books and papers required thereby to be produced, or\\nshall refuse to submit to examination or to answer any proper question,\\nthe proof of such failure or refusal shall constitute prima facie\\nevidence that the offer or sale of a franchise by such non-resident\\nperson constitutes a fraudulent practice and may in the discretion of\\nthe court be treated as a sufficient basis for a permanent injunction\\nagainst the continuance of such fraudulent practice.\\n 4. In any action brought by the department as provided in this\\narticle, the court at any stage of the proceedings may appoint a\\nreceiver of any and all property derived by the defendant or defendants\\nor any of them by means of any such unlawful or fraudulent practice,\\nincluding also all property with which such property has been commingled\\nif such property cannot be identified in kind because of such\\ncommingling, together with any or all books of account and papers\\nrelating to the same. The judgment entered in such action may provide\\nthat such receiver shall take title to any or all such property and\\nbooks of account and papers relating to the same and liquidate such\\nproperty or any part thereof for the benefit of all persons intervening\\nin the said action and establishing an interest in such property. The\\njudgment may also provide that all such property, the title to or\\ninterest in which has not been established in such action by intervenors\\nor otherwise by due process to be in a person or persons other than\\ndefendant or defendants, shall be returned to the defendant or\\ndefendants as their interest may appear. Such receiver shall be subject\\nto all the duties of receivers in civil actions as far as practicable\\nexcept that such provisions relating to commissions or compensation of\\nreceivers shall not be applicable to receivers appointed pursuant to\\nthis section, but such commissions or compensations shall be fixed by\\nthe court in any amount which it may determine to be just and equitable.\\nIn any action brought by the department as provided in this article the\\ncourt may grant such other and further relief as may be proper.\\n 5. Whenever the department has determined to commence an action under\\nthis article, it may present to any justice of the supreme court, before\\nbeginning such action, an application in writing for an order directing\\nthe person or persons mentioned in the application to appear before the\\njustice of the supreme court or referee designated in such order and\\nanswer such questions as may be put to them or to any of them, or to\\nproduce such papers, documents and books concerning the alleged unlawful\\nor fraudulent practices to which the action which the department has\\ndetermined to bring relates, and it shall be the duty of the justice of\\nthe supreme court to whom such application for the order is made to\\ngrant such application. The application for such order may simply show\\nupon information and belief that the testimony of such person or persons\\nis material and necessary. The provisions of the civil practice law and\\nrules, relating to an application for an order for the examination of\\nwitnesses before the commencement of an action and the method of\\nproceeding on such examination, shall not apply except as herein\\nprescribed. The order shall be granted by the justice of the supreme\\ncourt to whom the application has been made with such preliminary\\ninjunction or stay as may appear to such justice to be proper and\\nexpedient and shall specify the time when and place where the witnesses\\nare required to appear. The justice or referee may adjourn such\\nexamination from time to time and witnesses must attend accordingly. The\\ntestimony of each witness must be subscribed by him and must be filed in\\nthe office of the clerk of the county in which such order for\\nexamination is filed.\\n 6. The order for such examination must be signed by the justice making\\nit, and service of a copy thereof with an endorsement by the department\\nto the effect that the person named therein is required to appear and be\\nexamined at the time and place before the justice and referee specified\\nin such endorsement, shall be sufficient notice for the attendance of\\nwitnesses. Such endorsement may contain a clause requiring such person\\nto produce at such examination all books, papers and documents in his\\npossession or under his control relating to the subject of such\\nexamination. The order shall be served upon the person named in the\\nendorsement aforesaid by delivering to and leaving with it or him a\\ncertified copy thereof, endorsed as above provided, subject to the\\npayment of witness fees and mileage as and when provided to be paid by\\nparagraph (b) of subdivision four of section six hundred eighty-eight of\\nthis article in connection with attendance pursuant to subpoenas\\nauthorized to be issued under said section. Service of such an order may\\nalso be served under section six hundred eighty-six of this article in\\ncases falling thereunder.\\n 7. The referee appointed as provided in this article possesses all the\\npowers and is subject to all the duties of a referee appointed in a\\ncivil action, so far as practicable, and may punish for contempt a\\nwitness duly served with the papers as prescribed in this article for\\nnon-attendance or refusal to be sworn or to testify or to produce books,\\npapers and documents according to the direction of the endorsement\\naforesaid in the same manner and to the same extent as a referee to\\nhear, try and determine an issue of fact or law.\\n 8. Any person against whom a permanent injunction has been granted\\nunder the provisions of this article may apply to the supreme court at\\nany time upon at least sixty days notice to the department for an order\\ndissolving such injunction or modifying the same upon such terms and\\nconditions as the court deems necessary or desirable. Such application\\nfor dissolution or modification of such injunction shall contain a\\nrecitation of the facts and circumstances which caused the granting of\\nthe injunction; the occupation and employment of the person making the\\napplication and his financial remuneration therefrom since the time the\\ninjunction was granted; his net worth at the time of the application and\\nthe source thereof; together with any other facts bearing upon the\\nreasonableness of the application and the character of the applicant as\\nmay enable the court to issue an order that will properly dispose of\\nsuch application in the interest of justice. A copy of such application\\ntogether with copies of any other papers in support thereof shall be\\nserved upon the department at least sixty days prior to the return date\\nthereof. In addition thereto the applicant shall file with the court a\\ngood and sufficient surety bond in the sum of one thousand dollars\\nguaranteeing that he will pay all costs and expenses of an investigation\\nby the department of such applicant and the statements and claims\\nalleged in the application together with any further investigation which\\nthe department may deem necessary or desirable to determine whether it\\nshould consent to the application, oppose the same, or make such other\\nrecommendations to the court as in its opinion are desirable to be\\nincluded in any modification of such injunction. Should it appear in the\\ncourse of such investigation by the department that said sum is not\\nsufficient, the department may apply to the court by usual notice of\\nmotion or order to show cause for an increase in the amount of security\\nor further surety bond necessary to fully pay all of the costs of the\\ninvestigation and the court may require such further bond as the\\nsituation requires to fully pay the costs and expenses of the\\ninvestigation. Upon the completion of such investigation, the department\\nmay file an answer to such application setting forth such facts as are\\npertinent to the determination by the court of the matter before it and\\nwhether said injunction should be dissolved, modified or continued in\\nwhole or in part and what conditions, if any, shall be attached to any\\ndissolution or modification of said injunction. After a hearing upon\\nsuch application and after any further investigation, proof or testimony\\nwhich the court may desire has been offered, or at any adjourned dates\\nthereof, the court may make a final order dissolving the permanent\\ninjunction or modifying the same upon such terms and conditions as in\\nits opinion are just and desirable, or in its discretion may deny the\\napplication. Such order shall contain a direction that the applicant pay\\nto the department the costs and expenses of the investigation in\\nconnection with the proceeding, and any judgment entered thereon may be\\nenforced directly against the surety on the bond. The court shall grant\\nno temporary or other relief from the injunction in force pending a\\nfinal determination of such application. No application under this\\nsubdivision shall be entertained:\\n (a) in any case where the applicant has been convicted of a felony or\\na crime that would be a felony if committed in the state of New York\\nsince the issuance of the injunction, nor\\n (b) in any case where the injunction was granted incident to a felony,\\nor the applicant has been convicted at any time of any felony involving\\nfranchises which are the subject matter of this article. Nor shall\\nanything contained in this subdivision be construed to deny to or\\ninterfere with the power of the department to bring any other action or\\nproceeding, civil or criminal, against the applicant at any time.\\n 9. The provisions of the civil practice law and rules shall apply to\\nall actions brought under this article except as herein otherwise\\nprovided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "690", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "690", "activeDate" : "2014-09-22", "sequenceNo" : 1094, "repealedDate" : null, "fromSection" : "690", "toSection" : "690", "text" : " § 690. Violations and penalties. Any person who knowingly violates any\\nof the provisions of this article or any rule or regulation issued\\nthereunder shall be guilty of a class A misdemeanor punishable by a fine\\nof not more than one thousand dollars, or imprisonment for not more than\\none year, or both.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "691", "title" : "Civil remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "691", "activeDate" : "2014-09-22", "sequenceNo" : 1095, "repealedDate" : null, "fromSection" : "691", "toSection" : "691", "text" : " § 691. Civil remedies. 1. A person who offers or sells a franchise in\\nviolation of section six hundred eighty-three, six hundred eighty-four\\nor six hundred eighty-seven of this article is liable to the person\\npurchasing the franchise for damages and, if such violation is willful\\nand material, for rescission, with interest at six percent per year from\\nthe date of purchase, and reasonable attorney fees and court costs.\\n 2. A person may not file or maintain suit under this section if the\\nfranchisee or such person received a written offer before suit, and at a\\ntime when he owned the franchise, to refund the consideration paid\\ntogether with interest at six percent per year from the date of payment,\\nless the amount of income earned by the franchisee from the franchise,\\nconditioned only upon tender by the person of all items received by him\\nfor the consideration and not sold, and failed to accept the offer\\nwithin thirty days of its receipt, provided that the offering documents\\nare submitted to the department for approval at least ten business days\\nprior to submission to the franchisee. The rescission offer shall recite\\nthe provisions of this section. If the franchise involves a substantial\\nbuilding or substantial equipment or fixtures and a significant period\\nof time has elapsed since the sale of the franchise to the franchisee,\\nthe department in approving a rescission offer may approve an equitable\\noffer recognizing depreciation, amortization, and other factors which\\nbear upon the value of the franchise being returned to the franchisor.\\nNothing in this subdivision shall prohibit settlement of any dispute\\narising under or involving claims based on this chapter, with or without\\napproval of the department.\\n 3. A person who directly or indirectly controls a person liable under\\nthis article, a partner in a firm so liable, a principal executive\\nofficer or director of a corporation so liable, a person occupying a\\nsimilar status or performing similar functions, and an employee of a\\nperson so liable, who materially aids in the act of transaction\\nconstituting the violation, is also liable jointly and severally with\\nand to the same extent as the controlled person, partnership,\\ncorporation or employer. It shall be a defense to any action based upon\\nsuch liability that the defendant did not know or could not have known\\nby the exercise of due diligence the facts upon which the action is\\npredicated.\\n 4. An action shall not be maintained to enforce a liability created\\nunder this section unless brought before the expiration of three years\\nafter the act or transaction constituting the violation.\\n 5. Except as explicitly provided in this article, civil liability in\\nfavor of any private party shall not arise against a person by\\nimplication from or as a result of the violation of a provision of this\\narticle or a rule, regulation or order hereunder. Nothing in this\\narticle shall limit a liability which may exist by virtue of any other\\nstatute or under common law if this article were not in effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "692", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "692", "activeDate" : "2014-09-22", "sequenceNo" : 1096, "repealedDate" : null, "fromSection" : "692", "toSection" : "692", "text" : " § 692. Enforcement by attorney general. 1. The department may\\nprosecute every person charged with a criminal offense in violation of\\nthis article and regulations issued thereunder. In all such proceedings,\\nthe department may appear before any court of record or any grand jury\\nand perform all the duties in respect of such actions or proceedings\\nwhich the district attorney would otherwise be authorized or required to\\nexercise or perform; or the department may in its discretion transmit\\nevidence, proof and information as to such offense to the district\\nattorney of the county or counties in which the alleged violation has\\noccurred, and every district attorney to whom such evidence, proof and\\ninformation is so transmitted may proceed to investigate and prosecute\\nany person charged with such violation. In any such proceeding wherein\\nthe department has appeared, the district attorney shall only exercise\\nsuch powers and perform such duties as are required of him by the\\ndepartment.\\n 2. Upon a showing by the department that a fraudulent practice as\\ndefined by this article has occurred, the department may include in an\\naction under this article an application to direct restitution of any\\nmoneys or property obtained directly or indirectly by any such\\nfraudulent practice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "693", "title" : "Immunity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "693", "activeDate" : "2014-09-22", "sequenceNo" : 1097, "repealedDate" : null, "fromSection" : "693", "toSection" : "693", "text" : " § 693. Immunity. Upon any investigation or proceeding before the\\ndepartment, or in any criminal proceeding before any court or grand\\njury, pursuant to or for a violation of any provision of this article,\\nthe department or the court or grand jury may confer immunity in\\naccordance with the applicable provisions of the criminal procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "694", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "694", "activeDate" : "2014-09-22", "sequenceNo" : 1098, "repealedDate" : null, "fromSection" : "694", "toSection" : "694", "text" : " § 694. Administration. 1. The department shall charge and collect the\\nfees fixed by this section.\\n (a) The fee for filing an application for registration of an offering\\nprospectus under subdivision two of section six hundred eighty-three of\\nthis article is seven hundred fifty dollars.\\n (b) The fee for filing an amendment to any registered offering\\nprospectus filed under subdivision two, nine or thirteen of section six\\nhundred eighty-three of this article is one hundred fifty dollars.\\n (c) The fee for filing a franchise agent's application under\\nsubdivision thirteen of section six hundred eighty-three of this article\\nis one hundred fifty dollars.\\n 2. The department may from time to time make, amend, and rescind such\\nrules, forms and regulations as are necessary to carry out the\\nprovisions of this article, including rules and forms governing\\napplications and reports, and defining any terms, whether or not used in\\nthis article, insofar as the definitions are not inconsistent with the\\nprovisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "695", "title" : "Separability clause; construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695", "activeDate" : "2014-09-22", "sequenceNo" : 1099, "repealedDate" : null, "fromSection" : "695", "toSection" : "695", "text" : " § 695. Separability clause; construction. 1. If any part or provision\\nof this article or the application thereof to any person or\\ncircumstances be adjudged invalid by any court of competent\\njurisdiction, such judgment shall be confined in its operation to the\\npart, provision or application directly involved in the controversy in\\nwhich such judgment shall have been rendered and shall not affect or\\nimpair the validity of the remainder of this article or the application\\nthereof to other persons or circumstances and the legislature hereby\\ndeclares that it would have enacted this article or the remainder\\nthereof had the invalidity of such provision or application thereof been\\napparent.\\n 2. This article shall be liberally construed to effect the purposes\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A33-A", "title" : "Dealer Agreements For the Sale of Farm Equipment", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33-A", "activeDate" : "2014-09-22", "sequenceNo" : 1100, "repealedDate" : null, "fromSection" : "696-A", "toSection" : "696-I", "text" : " ARTICLE 33-A\\n DEALER AGREEMENTS\\n FOR THE SALE OF FARM EQUIPMENT\\nSection 696-a. Definitions.\\n 696-b. Dealer agreements; unlawful acts and practices.\\n 696-c. Termination and non-renewal of dealer agreements.\\n 696-d. Violations.\\n 696-e. Parts and return of parts.\\n 696-f. Repurchase of equipment upon termination.\\n 696-g. Death or incapacity of dealer.\\n 696-h. Warranty.\\n 696-i. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-A", "activeDate" : "2014-09-22", "sequenceNo" : 1101, "repealedDate" : null, "fromSection" : "696-A", "toSection" : "696-A", "text" : " § 696-a. Definitions. As used in this article unless the context\\nrequires otherwise:\\n 1. \"Current net price\" means the price listed in the supplier's\\neffective price list or catalogue, less any applicable trade and cash\\ndiscounts.\\n 2. \"Dealer\" means any person selling or agreeing to sell primarily\\nequipment under an agreement with a supplier.\\n 3. \"Equipment\" means vehicles and machinery and the accessories and\\nparts thereto which are designed to be used for farm and agricultural\\npurposes, lawn, garden, golf course, landscaping or grounds and\\nmaintenance/utility activities, provided however that self-propelled\\nvehicles primarily for the transportation of persons or property on a\\nstreet or highway are specifically excluded.\\n 4. \"Dealer agreement\" means any agreement between a supplier and a\\ndealer by which the dealer is authorized to engage in the business of\\nthe retail sale, lease and/or service of equipment in accordance with\\nmethods and procedures prescribed by the supplier.\\n 5. \"Net cost\" means the price the dealer paid to the supplier for the\\nequipment, less all applicable discounts allowed, plus the freight costs\\nfrom the supplier's location to the dealer's location.\\n 6. \"Supplier\" means the manufacturer, wholesaler or distributor of the\\nequipment to be sold by the dealer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-B", "title" : "Dealer agreements; unlawful acts and practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-B", "activeDate" : "2014-09-22", "sequenceNo" : 1102, "repealedDate" : null, "fromSection" : "696-B", "toSection" : "696-B", "text" : " § 696-b. Dealer agreements; unlawful acts and practices. It shall be a\\nviolation of this article for a supplier:\\n 1. To coerce, compel, or attempt to coerce or compel any dealer to\\norder or accept delivery of any equipment or parts, or any equipment\\nwith special features or accessories not included in the base list price\\nof such equipment as publicly advertised by the supplier which the\\ndealer has not voluntarily ordered; or\\n 2. To coerce or compel any dealer to enter into any agreement, whether\\nwritten or oral, supplementary to an existing dealer agreement with such\\nsupplier; or\\n 3. To coerce or compel, any dealer to refuse to purchase equipment\\nfrom another supplier, however it shall not be a violation of this\\nsection to require separate facilities, financial statements or sales\\nstaff for major competing lines provided that the dealer is given at\\nleast thirty-six months notice of such requirements; or\\n 4. To refuse to deliver in reasonable quantities and within a\\nreasonable time after receipt of the dealer's order to any dealer having\\na dealer agreement for the retail sale of new equipment sold or\\ndistributed by such supplier, equipment covered by such dealer agreement\\nspecifically advertised or represented by such supplier to be available\\nfor immediate delivery. However, the failure to deliver any such\\nequipment shall not be considered a violation of this article if such\\nfailure is due to prudent and reasonable restriction on extension of\\ncredit by the supplier to the dealer, an act of God, work stoppage or\\ndelay due to a strike or labor difficulty, a bona fide shortage of\\nmaterials, freight embargo, or other cause over which the supplier has\\nno control; or\\n 5. To terminate or cancel the dealer agreement of any such dealer\\nwithout due cause; or\\n 6. To condition the renewal or extension of a dealer agreement on the\\ndealer's substantial renovation of the dealer's place of business or on\\nthe construction, purchase, acquisition, or rental of a new place of\\nbusiness by the dealer unless the supplier has advised the dealer in\\nwriting of its demand for such renovation, construction, purchase,\\nacquisition or rental within a reasonable time prior to the effective\\ndate of the proposed date of renewal or extensions, but in no case less\\nthan one year, and provided the supplier demonstrates the need for such\\nchange in the place of business and the reasonableness of such demand in\\nview of the need to service the public and economic conditions existing\\nat the time and, provided further, that the dealer makes a good faith\\neffort to complete such construction or renovation plans within one\\nyear; or\\n 7. To sell or offer to sell any new equipment to any other dealer at a\\nlower actual price therefor than the actual price sold or offered to any\\nother dealer for the same equipment identically equipped or to utilize\\nany device including, but not limited to, sale promotion plans or\\nprograms which result in such lesser actual price, or result in a fixed\\nprice predetermined solely by the supplier provided, however, the\\nprovisions of this subdivision shall not apply to sales to a dealer for\\nresale to any unit or agency of the United States government, the state,\\nor any of its political subdivisions or any municipality located within\\nthis state; and provided, further, that the provisions of this\\nsubdivision shall not apply so long as a supplier sells or offers to\\nsell such new equipment to all of its dealers at an equal price; or\\n 8. To willfully discriminate, either directly or indirectly, in price,\\nprograms, or terms of sale offered to dealers, where the effect of such\\ndiscrimination may be to substantially lessen competition or give to one\\nholder of a dealer agreement any economic business or competitive\\nadvantage not offered to all holders of the same or similar dealer\\nagreements; or\\n 9. To prevent by contract or otherwise, any dealer, from changing its\\ncapital structure, ownership or the means by or through which the dealer\\nfinances its operations, so long as the dealer gives prior notice to the\\nsupplier and provided the dealer at all times meets any responsible\\ncapital standards agreed to between the dealer and the supplier and\\nimposed on similarly situated dealers and provided such change by the\\ndealer does not result in a change in the person with actual or\\neffective control of a majority of the voting interests of the dealer;\\nor\\n 10. If a supplier has contractual authority to approve or deny a\\nrequest for a sale or transfer of a dealer's business or an equity\\nownership interest therein, the supplier shall approve or deny such a\\nrequest within sixty days after receiving a written request from the\\ndealer. If the supplier has neither approved nor denied the request\\nwithin the sixty day period, the request will be deemed approved. The\\ndealer's request shall include reasonable financial, personal\\nbackground, character references and work history information for the\\nacquiring persons. If a supplier denies a request made pursuant to this\\nsubdivision, the supplier must provide the dealer with a written notice\\nof such denial that states the reasons for such denial. A supplier may\\nonly deny a request based on the failure of the proposed transferees to\\nmeet the reasonable requirements consistently imposed by the supplier in\\ndetermining approval of such transfer and/or approvals of new dealers;\\nor\\n 11. To require a dealer to assent to a release, assignment, notation,\\nwaiver, or estoppel which would relieve any person from liability\\nimposed by this article; or\\n 12. (a) To unreasonably withhold consent, in the event of the death of\\nthe dealer or the principal owner of the dealership, to the transfer of\\nthe dealer's interest in the dealership to a member or members of the\\nfamily of the dealer or the principal owner of the dealership or to\\nanother qualified individual if the family member or other qualified\\nindividual meets the reasonable financial, business experience and\\ncharacter standards of the supplier. Furthermore, and only in the event\\nthat the transfer proposed is to a person other than a family member,\\nsuch person shall have actively participated in the dealership or in the\\nfarm equipment or similar industry for at least twelve months preceding\\nthe proposed date of transfer. Should a supplier determine that the\\ndesignated family member or other qualified individual is not\\nacceptable, it shall provide the dealer with written notice of its\\nobjection and specific reasons for withholding its consent. A supplier\\nshall have thirty days to consider a dealer's request to make a transfer\\nto a family member or other qualified individual. As used in this\\nparagraph, \"family\" means and includes a spouse, parents, siblings,\\nchildren, step-children, sons-in-law, daughters-in-law and lineal\\ndescendants, including those by adoption of the dealer or principal\\nowner of the dealership.\\n (b) Notwithstanding the foregoing, in the event that a supplier and\\ndealer have duly executed an agreement concerning succession rights\\nprior to the dealer's death, and if such agreement has not been revoked,\\nsuch agreement shall be observed, even if it designates someone other\\nthan the surviving spouse or heirs of the decedent as the successor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-C", "title" : "Termination and non-renewal of dealer agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-C", "activeDate" : "2014-09-22", "sequenceNo" : 1103, "repealedDate" : null, "fromSection" : "696-C", "toSection" : "696-C", "text" : " § 696-c. Termination and non-renewal of dealer agreements. 1. Except\\nwhere a grounds for termination or non-renewal of a dealer agreement are\\ncontained in paragraph (a), (b), (c), (d), (e) or (f) of subdivision two\\nof this section, a supplier shall give a dealer ninety days' written\\nnotice of the supplier's intent to terminate, cancel or not renew a\\ndealer agreement. The contractual term of the dealer agreement shall not\\nexpire, without the written consent of the dealer, prior to the\\nexpiration of at least ninety days following such notice. Nothing in\\nthis section shall prohibit a dealer from terminating a dealer agreement\\nwith cause provided, however, that the dealer notify the supplier in\\nwriting at least ninety days prior to the effective date of such\\ntermination with the reasons for such termination. This notice will not\\napply for grounds of termination in following paragraphs (a) through (f)\\nof subdivision two of this section.\\n 2. As used in this article, a termination by a supplier of a dealer\\nagreement shall be with cause when the dealer has:\\n (a) transferred a controlling ownership interest in the dealership\\nwithout the supplier's consent;\\n (b) made a material misrepresentation in applying for the dealer\\nagreement;\\n (c) filed a voluntary petition in bankruptcy or has had an involuntary\\npetition in bankruptcy filed against the dealer which has not been\\ndischarged within sixty days after the filing; is in default under the\\nprovisions of a security agreement in effect with the supplier; or is\\ninsolvent or in receivership;\\n (d) been convicted of a crime, punishable for a term of imprisonment\\nfor one year or more;\\n (e) failed to operate in the normal course of business for ten\\nconsecutive business days or has terminated said business;\\n (f) Significantly relocated the dealer's place of business without\\nsupplier's consent; or\\n (g) consistently engaged in business practices which are detrimental\\nto the consumer or supplier by way of excessive pricing, misleading\\nadvertising, failure to provide service and replacement parts or perform\\nwarranty obligations;\\n (h) inadequately represented supplier over a measured period causing\\nlack of performance in sales, service or warranty areas and failed to\\nachieve market penetration at levels consistent with similary located\\ndealerships based on available recorded information compiled by industry\\nassociations regarded as the authorities in this area both in local and\\nnational standards;\\n (i) consistently failed to meet building and housekeeping\\nrequirements, or has failed to provide adequate sales, service or parts\\npersonnel commensurate with the dealer agreement;\\n (j) consistently failed to comply with the applicable licensing laws\\npertaining to the products and services being represented for and on\\nsupplier's behalf;\\n (k) consistently failed to comply with the terms of the dealership\\nagreement.\\n 3. No supplier shall base its decision to terminate, cancel or not to\\nrenew a dealer agreement on any of the paragraphs of subdivision two of\\nthis section except paragraph (a), (b), (c), (d), (e) or (f) thereof\\nunless such supplier can demonstrate, through written documentation, the\\nalleged misconduct and/or lack of performance by the dealer, and\\nfurthermore, such supplier shall also show that the reason for the\\ndecision to terminate, cancel or not to renew the dealer agreement was\\nin no way caused by such supplier.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-D", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-D", "activeDate" : "2014-09-22", "sequenceNo" : 1104, "repealedDate" : null, "fromSection" : "696-D", "toSection" : "696-D", "text" : " § 696-d. Violations. It shall be deemed a violation of this article\\nfor a dealer:\\n 1. To require a retail purchaser of new equipment, as a condition of\\nsale and delivery thereof, also to purchase special features,\\nappliances, parts, or accessories not desired or requested by the\\npurchaser. However, this prohibition shall not apply to special\\nfeatures, appliances, parts or accessories which are already installed\\nwhen the equipment is received by the dealer from the supplier thereof.\\n 2. To represent and sell as new and unused any equipment which has\\nbeen used and operated for demonstration or other purposes without\\nstating to the purchaser prior to the sale the approximate amount of use\\nthe equipment has experienced or undergone.\\n 3. To use any false or misleading advertisement in connection with\\nsuch dealer's business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-E", "title" : "Parts and return of parts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-E", "activeDate" : "2014-09-22", "sequenceNo" : 1105, "repealedDate" : null, "fromSection" : "696-E", "toSection" : "696-E", "text" : " § 696-e. Parts and return of parts. 1. Every supplier shall provide\\nfor the availability of repair parts throughout the reasonable useful\\nlife of any equipment sold.\\n 2. Every supplier shall provide to its dealers, on an annual basis, an\\nopportunity to return a portion of their surplus parts inventory for\\ncredit. The surplus procedure shall be administered as follows:\\n (a) The supplier may notify its dealers of a time period, of at least\\nsixty days duration, during which time dealers may submit their surplus\\nparts list and return their surplus parts to the supplier.\\n (b) If a supplier has not notified a dealer of a specific time period\\nfor returning surplus parts within the preceding twelve months, then it\\nshall authorize and allow the dealer's surplus parts return request\\nwithin thirty days after receipt of such request from the dealer.\\n (c) Pursuant to the provisions of this subdivision, a supplier must\\nallow surplus parts return authority on a dollar value of parts equal to\\nsix percent of the total dollar value of parts purchased by the dealer\\nfrom the supplier during the twelve month period immediately preceding\\nthe notification to the dealer by the supplier of the surplus parts\\nreturn program, or the month the dealer's return request is made,\\nwhichever is applicable. However, the dealer may elect to return a\\ndollar value of the dealer's surplus parts equal to less than six\\npercent of the total dollar value of parts purchased by the dealer from\\nthe supplier during the preceding twelve month period as provided\\nherein.\\n (d) No obsolete or superceded part, may be returned, but any part\\nlisted in the supplier's current returnable parts list or any superceded\\npart that has not been the subject of the supplier's parts return\\nprogram at the date of notification to the dealer by the supplier of the\\nsurplus parts return program, or the date of the dealer's parts return\\nrequest, whichever is applicable, shall be eligible for return and the\\ncredit specified. However, returned parts must be in new and unused\\ncondition and must have been purchased by the dealer from the supplier\\nto whom they are returned unless no program for the return of such part\\nhas been offered by the supplier.\\n (e) The minimum lawful credit to be allowed for returned parts shall\\nbe eighty-five percent of the cost thereof as listed in the supplier's\\ncurrent returnable parts list at the date of the notification to the\\ndealer by the supplier of the surplus parts return program, or the date\\nof the dealer's parts return request, whichever is applicable.\\n (f) Applicable credit hereunder must be issued or furnished to the\\ndealer within sixty days after receipt of the dealer's returned parts by\\nthe supplier.\\n (g) Packing and return freight expense incurred in any return of\\nsurplus parts pursuant to the terms of this subdivision shall be borne\\nby the supplier.\\n (h) The provisions of this section shall be supplemental to any\\nagreement between the dealer and the supplier covering the return of\\nequipment, attachments and repair parts which provides the dealer with\\ngreater protection. The dealer can elect to pursue either his or her\\ncontract remedy or the remedy provided by state law, and an election by\\nthe dealer to pursue his or her contract remedy shall not bar his or her\\nright to the remedy provided herein as to those repair parts not\\naffected by the contract remedy. Notwithstanding anything contained\\nherein, the rights of a supplier to charge back to the dealer's account\\namounts previously paid or credited as a discount incident to the\\ndealer's purchase of goods shall not be affected. Further, any\\nrepurchase hereunder shall not be subject to the provisions of the bulk\\nsales law. Additionally, nothing shall preclude a price for return parts\\nwhich is greater than the total allowance for parts allowed herein and\\nthe shipping allowance, in such case the packing, freight and handling\\nexpense charge, shall not be borne by the supplier.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-F", "title" : "Repurchase of equipment upon termination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-F", "activeDate" : "2014-09-22", "sequenceNo" : 1106, "repealedDate" : null, "fromSection" : "696-F", "toSection" : "696-F", "text" : " § 696-f. Repurchase of equipment upon termination. 1. Whenever any\\ndealer enters into a dealer agreement with a supplier wherein the dealer\\nagrees to maintain an inventory of equipment or repair parts and the\\ndealer agreement is subsequently terminated, the supplier shall\\nrepurchase the inventory as provided in this article. The dealer may\\nkeep the inventory if such dealer desires provided the dealer has a\\ncontractural right to do so. If the dealer has any outstanding debts to\\nthe supplier then part or all of the repurchase amount equal to, but no\\nmore than, the total amount of the debts may be credited to the dealer's\\naccount.\\n 2. If the dealer decides not to keep the inventory, the supplier shall\\nrepurchase that inventory previously purchased and held by the dealer on\\nthe date of termination of the contract. The supplier shall pay one\\nhundred percent of the net cost of all new, unsold, undamaged and\\ncomplete equipment which is resalable, less a reasonable allowance for\\ndepreciation due to usage by the dealer and deterioration directly\\nattributable to weather conditions at the dealer's location and less all\\nprograms and discounts previously allowed thereon and eighty-five\\npercent of the current net price of all new, unused, undamaged repair\\nparts and accessories which are listed in the supplier's effective price\\nlist or catalogue less all programs and discounts previously allowed\\nthereon by the supplier to the dealer. The supplier shall also pay the\\ndealer six percent of the current net price on all new, unused and\\nundamaged repair parts returned to cover the cost of handling, packing\\nand loading. The supplier shall have the option of performing the\\nhandling, packing and loading or paying one hundred percent of the\\ncurrent net price of parts in lieu of paying the six percent sum imposed\\nherein for these services and in this case the dealer shall make\\navailable to the supplier, at the dealer's address or at the places at\\nwhich it is located, all equipment previously purchased by the dealer,\\nafter receipt by the dealer of the full repurchase amount.\\n 3. Upon payment within sixty days of the repurchase amount to the\\ndealer, the title and right to possession of the repurchased inventory\\nshall transfer or be transferred to the supplier.\\n 4. The provisions of this article shall not require the repurchase\\nfrom the dealer of:\\n (a) any repair part which has a limited storage life or is otherwise\\nsubject to deterioration;\\n (b) any single repair part which is priced as a set of two or more\\nitems;\\n (c) any repair part which because of its condition is not resalable as\\na new part without repairing or reconditioning;\\n (d) any inventory for which the dealer is unable to furnish evidence\\nreasonably satisfactory to the supplier, of good title, free and clear\\nof all claims, liens and encumbrances;\\n (e) any inventory which the dealer desires to keep, provided the\\ndealer has a contractural right to do so;\\n (f) any equipment which is not in new, unused, undamaged, and complete\\ncondition;\\n (g) any equipment which has been used by the dealer or has\\ndeteriorated because of weather conditions at the dealer's location\\nunless the supplier receives a reasonable allowance for such usage or\\ndeterioration;\\n (h) any repair parts which are not in new, unused, undamaged\\ncondition;\\n (i) any inventory which was ordered by the dealer on or after the date\\nof receipt of the notification of termination of the dealer agreement;\\nor\\n (j) any inventory which was acquired by the dealer from any source\\nother than the supplier.\\n 5. If any supplier shall fail or refuse to repurchase any inventory\\ncovered under the provisions of this article within sixty days after\\ntermination of a dealer's contract, he shall be civilly liable for a\\ntotal amount of one hundred fifteen percent of the current net price of\\nthe inventory plus any freight charges paid by the dealer plus all cost\\nof financing such repurchase, including courts costs and reasonable\\nattorneys' fees allowed by the court.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-G", "title" : "Death or incapacity of dealer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-G", "activeDate" : "2014-09-22", "sequenceNo" : 1107, "repealedDate" : null, "fromSection" : "696-G", "toSection" : "696-G", "text" : " § 696-g. Death or incapacity of dealer. 1. In the event of the death\\nor incapacity of the dealer or the majority stockholder of a corporation\\noperating as a dealer, the supplier shall, at the option of the heirs at\\nlaw, if the dealer died intestate, or the executor under the terms of\\nthe deceased dealer's last will and testament, if said dealer died\\ntestate, repurchase the inventory from the estate as if the supplier had\\nterminated the contract and the inventory repurchase provisions of\\nsection six hundred ninety-six-f of this article are made expressly\\napplicable hereto. The heirs or executor shall have nine months from the\\ndate of the death of the dealer or majority stockholder to exercise the\\noption under this article. However, nothing in this article shall\\nrequire the repurchase of inventory if the heirs or executor and the\\nsupplier enter into a new dealer agreement, or if a successor to the\\ndealer is established pursuant to paragraph (j) of subdivision three of\\nsection six hundred ninety-six-b of this article. This section shall be\\nsubject to that portion of the supplier's agreement with the dealer\\npertaining to death of the dealer or succession, to the extent such\\nagreement is not inconsistent herewith.\\n 2. The provisions of this section shall be supplemental to any\\nagreement between the dealer and the supplier covering the return of\\nequipment, attachments and repair parts which provides the dealer with\\ngreater protection. The heirs or executor can elect to pursue either the\\ncontract remedy or the remedy provided herein, and an election by the\\nheirs or executor to pursue contract remedy shall not bar such heirs' or\\nexecutor's right to the remedy provided herein as to those equipment,\\nattachments and repair parts not affected by the contract remedy.\\nNotwithstanding anything contained herein, the rights of a supplier to\\ncharge back to the dealer's account amounts previously paid or credited\\nas a discount incident to the dealer's purchase of goods shall not be\\naffected. Further, any repurchase hereunder shall not be subject to the\\nprovisions of the bulk sales law. Additionally, nothing shall preclude a\\nprice for return parts which is greater than the total allowance for\\nparts allowed herein and the shipping allowance, in such case the\\npacking, freight and handling expense charge shall not be borne by the\\nsupplier.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-H", "title" : "Warranty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-H", "activeDate" : "2014-09-22", "sequenceNo" : 1108, "repealedDate" : null, "fromSection" : "696-H", "toSection" : "696-H", "text" : " § 696-h. Warranty. 1. Every supplier shall provide a fair and\\nreasonable warranty agreement on any new equipment which it sells and\\nshall fairly compensate each of its dealers for labor and parts used in\\nfulfilling such warranty agreement. All claims for payment under such\\nwarranty agreements made by dealers hereunder for such labor and parts\\nshall be paid within thirty days following their approval. If such\\nclaims are not approved or disapproved within thirty days after their\\nreceipt they shall be deemed approved and shall be paid within the time\\nspecified herein. When any such claim is disapproved, the dealer who\\nsubmits it shall be notified in writing of its disapproval within such\\nperiod and each such notice shall state the specific grounds upon which\\nthe disapproval is based. Any special handling of claims required of the\\ndealer by the supplier and not uniformly required of all dealers of that\\nmake, may be enforced only after thirty days' notice in writing to the\\ndealer and upon good and sufficient reason.\\n 2. (a) The minimum basis for compensating said dealer for warranty\\nwork as provided for herein shall be calculated for labor, service\\nrepair, diagnostic work and parts and shall be adequate for the work to\\nbe performed in accordance with the reasonable and customary account of\\ntime required to complete such work, including such reasonable time as\\nrequired by the dealer for the diagnosis of such repair, expressed in\\nhours and fractions of hours multiplied by the dealer's established\\nhourly retail labor rate. Prior to filing a claim for reimbursement for\\nwarranty work, the dealer must notify the supplier of his hourly retail\\nlabor rate. The minimum lawful basis for compensation to the dealer for\\nparts used in fulfilling said warranty work shall be at the dealer's\\ncosts thereof, including all freight and handling charges applicable\\nthereto, plus at least twenty percent of said sum to reimburse the\\ndealer's reasonable costs of doing business and providing such warranty\\nservice on the supplier's behalf.\\n (b) Nothing contained in this section shall prohibit a supplier from\\nauditing such warranty claims submitted by such dealers for a period of\\nup to one year following the payment of such claims and further provided\\nthat such suppliers may seek reimbursement from the dealers on all\\nwarranty claims which were misrepresented.\\n 3. The provisions of this section shall not apply to a dealer\\nagreement in writing that provides for compensation to a dealer for\\nwarranty costs either in the sale price of the equipment to the dealer\\nor in the form of a lump sum payment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "696-I", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "696-I", "activeDate" : "2014-09-22", "sequenceNo" : 1109, "repealedDate" : null, "fromSection" : "696-I", "toSection" : "696-I", "text" : " § 696-i. Separability. If any provision of this article or the\\napplication of such provision to any person or circumstance is held\\ninvalid, the remainder of this article and the application of such\\nprovision to other persons or circumstances shall not be affected by\\nsuch holding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A33-B", "title" : "Express Consumer Warranty On Farm Equipment", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33-B", "activeDate" : "2014-09-22", "sequenceNo" : 1110, "repealedDate" : null, "fromSection" : "697", "toSection" : "697-D", "text" : " ARTICLE 33-B\\n EXPRESS CONSUMER WARRANTY ON FARM EQUIPMENT\\nSection 697. Definitions.\\n 697-a. Warranty to consumers.\\n 697-b. Affirmative defenses.\\n 697-c. Cumulative remedies; prohibition against waiver.\\n 697-d. New farm equipment bill of rights.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "697", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "697", "activeDate" : "2014-09-22", "sequenceNo" : 1111, "repealedDate" : null, "fromSection" : "697", "toSection" : "697", "text" : " § 697. Definitions. Whenever used in this article: 1. \"Consumer\" means\\na New York resident who is the purchaser, lessee or transferee of farm\\nequipment, other than for the purposes of resale.\\n 2. \"Farm equipment\" means any self propelled farm equipment and\\nimplements of husbandry and the accessories and parts included in the\\nsale or lease of same designed and manufactured primarily to be used for\\nagricultural purposes and for the United States market or in compliance\\nwith the laws and standards of the United States for which the purchase\\nor lease price for each piece of farm equipment exceeds one thousand\\nfive hundred dollars and which is being transferred for the first time\\nfrom a manufacturer, distributor or new farm machinery dealer and has\\nnot been registered or titled in this state or any other state.\\n 3. \"Express warranty\" or \"warranty\" means the written affirmation of\\nfact or promise made by a supplier to a consumer in connection with the\\nsale of farm equipment which relates to the nature of the material or\\nworkmanship, including any terms or conditions precedent to the\\nenforcement of obligations under that warranty.\\n 4. (a) \"Use deduction formula\" shall be used on farm equipment which\\ndoes not contain an engine hour meter or for which hours is not the\\nbasic usage standard and means a dollar amount obtained by multiplying\\nthe full purchase price or lease price of the farm equipment by a\\nfraction, the denominator of which is one thousand eight hundred\\ntwenty-five and the numerator of which is the number of days after\\ndelivery of the farm equipment.\\n (b) \"Non-seasonal equipment hours deduction formula\" shall be used on\\nfarm equipment which contains an engine hour meter and for which hours\\nis the basic usage standard and means the hours of use times the full\\npurchase price, or lease price if applicable, divided by five thousand\\nhours.\\n (c) \"Seasonal equipment hours deduction formula\" shall be used on\\nself-propelled harvesting equipment which contains an engine hour meter\\nand for which hours is the basic usage standard and means the hours of\\nuse times the full purchase price, or lease price if applicable, divided\\nby two thousand hours.\\n 5. \"Lessee\" means any consumer who leases farm equipment pursuant to a\\nwritten lease agreement which provides that the lessee is responsible\\nfor repairs to such farm equipment.\\n 6. \"Lease price\" means the aggregate of: (a) the lessor's actual\\npurchase cost; (b) the freight cost, if applicable; (c) the cost for\\naccessories, if applicable; (d) any fee paid to another to obtain the\\nlease; and (e) an amount equal to five percent of the lessor's actual\\npurchase cost as prescribed in paragraph (a) of this subdivision.\\n 7. \"Supplier\" means the manufacturer, wholesaler or distributor that\\nissues the warranty effective in New York state for the farm equipment\\nsold by the dealer.\\n 8. \"Dealer\" means any person selling or agreeing to sell farm\\nequipment under an agreement with a manufacturer, wholesaler or\\ndistributor.\\n 9. \"Nonconformity\" means any condition of the farm machinery that\\nsubstantially impairs the value or safety of such equipment, or its use\\nfor the purpose for which it was intended.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "697-A", "title" : "Warranty to consumers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "697-A", "activeDate" : "2014-09-22", "sequenceNo" : 1112, "repealedDate" : null, "fromSection" : "697-A", "toSection" : "697-A", "text" : " § 697-a. Warranty to consumers. 1. Every supplier of new farm\\nequipment which is sold within or outside of this state shall provide a\\nfair and reasonable warranty on all new farm equipment that shall be of\\nno less duration than twelve months following the date of original\\ndelivery of the farm equipment to the consumer. If the new farm\\nequipment does not conform to all applicable express warranties during\\nthe warranty period, and the consumer reports the nonconformity, defect\\nor condition to the supplier or its dealer in writing before the end of\\nthe warranty period, or verbally within thirty days before the warranty\\nends and then in writing within thirty days after the expiration of the\\nwarranty period, such supplier or dealer shall make such repairs as are\\nnecessary to conform the new equipment to such express warranties at no\\ncharge to the consumer.\\n 1-a. Farm equipment that is not specifically manufactured for the\\nUnited States market or in compliance with the laws and standards of the\\nUnited States is not covered by this article. A dealer who sells such\\nfarm equipment shall receive written acknowledgement from the purchaser\\nthat the purchaser has been made aware that such equipment is not\\ncovered by this article.\\n 2. If the supplier or its dealer are unable to conform the farm\\nequipment to any applicable express warranty by repairing the\\nnonconformity after a reasonable number of attempts, the supplier, at\\nthe option of the consumer, shall replace the farm equipment with\\ncomparable farm equipment provided that such comparable equipment is\\navailable from the supplier, or accept return of the equipment from the\\nconsumer and refund to the consumer the full purchase price or, if\\napplicable, the lease price and any trade-in allowance plus fees and\\ncharges, less a deduction for use calculated pursuant to the formula\\nprovided in subdivision four of section six hundred ninety-seven of this\\narticle. For purposes of this section, fees and charges shall include\\nbut not be limited to license fees, registration fees or other\\ngovernmental charges. Refunds shall be made to the consumer or\\nlienholder, if any, as their interests may appear on the records of\\nownership. Such refund shall also be accompanied by the proper\\napplication for credit for refund of state and local sales tax as\\npublished by the department of taxation and finance and by a notice that\\nthe sales tax paid on the purchase price, lease price or portion thereof\\nbeing refunded is refundable by the commissioner of taxation and finance\\nin accordance with the provisions of subdivision (f) of section eleven\\nhundred thirty-nine of the tax law.\\n 3. If a dealer refuses to undertake the repairs within the time\\nallotted pursuant to subdivision one of this section, the consumer may\\nimmediately forward written notice of such refusal to the supplier, who\\nshall have twenty days from receipt of such notice to commence such\\nrepairs.\\n 4. (a) If the supplier refuses to undertake the repairs, the supplier\\nshall provide information for consumer complaint remedies which shall\\ninform the consumer of, among other things, whether an informal dispute\\nsettlement mechanism has been established by the supplier and how the\\nconsumer may avail himself or herself of such mechanism.\\n (b) If a supplier has established an informal dispute settlement\\nmechanism, such mechanism shall provide, at a minimum, the following:\\n (i) That the arbitrators and the consumers who request arbitration are\\ngiven a written copy of the provisions of this article together with the\\nnotice set forth below entitled \"New Farm Equipment Bill of Rights\" and\\nthat the arbitrators participating in such mechanism are trained in\\narbitration and are familiar with the provisions of this article;\\n (ii) That the consumers, upon request, are given an opportunity to\\nmake an oral presentation to the arbitrator; and\\n (iii) That the rights and procedures used in the mechanism comply with\\nfederal regulations promulgated by the federal trade commission relating\\nto informal dispute settlement mechanisms.\\n (c) Each consumer shall have the option of submitting any dispute\\narising under this section, upon the payment of a prescribed filing fee,\\nto an alternate arbitration mechanism established pursuant to\\nregulations promulgated hereunder by the state attorney general. Upon\\napplication of the consumer and payment of the filing fee, all suppliers\\nshall submit to such alternate arbitration, and shall pay a fee\\nestablished pursuant to regulations of the attorney general. Such\\nalternate arbitration shall be conducted by a professional arbitrator or\\narbitration firm appointed by the state attorney general. Such mechanism\\nshall insure the personal objectivity of its arbitrators and the right\\nof each party to present its case, to be in attendance during any\\npresentation made by the other party and to rebut and refute such\\npresentation. In all other respects, such alternate arbitration\\nmechanism shall be governed by article seventy-five of the civil\\npractice law and rules.\\n (d) A supplier shall have up to thirty days from the date the consumer\\nnotifies the supplier of his or her acceptance of the arbitrator's\\ndecision to comply with the terms of that decision. Failure to comply\\nwith the thirty day limitation shall also entitle the consumer to\\nrecover a fee of twenty-five dollars a day for each business day of\\nnoncompliance up to five hundred dollars. Provided, however, that\\nnothing contained in this paragraph shall impose any liability on a\\nsupplier where a delay beyond the thirty day period is attributable to a\\nconsumer who has requested replacement farm equipment built to order or\\nwith options that are not comparable to the farm equipment being\\nreplaced or otherwise made compliance impossible within said period. In\\nno event shall a consumer who has resorted to an informal dispute\\nsettlement mechanism be precluded from seeking the rights or remedies\\navailable by law.\\n (e) A court may award reasonable attorney's fees to a prevailing\\nplaintiff or to a consumer who prevails in any judicial action or\\nproceeding arising out of an arbitration proceeding held pursuant to\\nparagraph (c) of this subdivision. In the event a prevailing plaintiff\\nis required to retain the services of an attorney to enforce collection\\nof an award granted pursuant to this section, the court may assess\\nagainst the supplier reasonable attorney's fees for services rendered to\\nenforce collection of such award.\\n (f) Any action brought pursuant to this section shall be commenced\\nwithin twenty-four months of the date of original delivery of the farm\\nequipment to the consumer.\\n (g) It shall be presumed that a reasonable number of attempts have\\nbeen undertaken to conform the farm equipment to the applicable express\\nwarranties, if: (i) the same nonconformity, defect or condition has been\\nsubject to repair four times by the supplier or its authorized dealers\\nand such nonconformity continues to exist; or (ii) the farm equipment is\\nout of service by reason of repair of one or more nonconformities by the\\nsupplier or its dealer for a cumulative total of thirty calendar days\\nduring the warranty period.\\n (h) The term of an express warranty, the one year warranty period and\\nthe thirty day out of service period shall be extended by any reasonable\\ntime during which repair services are not available to the consumer for\\nreasons which shall include war, terrorist attack, pestilence, invasion\\nor strike, fire, flood or other natural disaster or unforeseen and\\nunanticipated extraordinary circumstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "697-B", "title" : "Affirmative defenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "697-B", "activeDate" : "2014-09-22", "sequenceNo" : 1113, "repealedDate" : null, "fromSection" : "697-B", "toSection" : "697-B", "text" : " § 697-b. Affirmative defenses. It shall be an affirmative defense to\\nclaim under this section that: (a) the nonconformity, defect or\\ncondition does not substantially impair the value, use or safety of the\\nequipment; (b) the nonconformity, defect or condition is the result of\\nabuse, neglect or unauthorized modifications or alterations of the farm\\nequipment; (c) a claim by the consumer was not filed in a timely manner;\\nor (d) any other affirmative defense allowed by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "697-C", "title" : "Cumulative remedies; prohibition against waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "697-C", "activeDate" : "2014-09-22", "sequenceNo" : 1114, "repealedDate" : null, "fromSection" : "697-C", "toSection" : "697-C", "text" : " § 697-c. Cumulative remedies; prohibition against waiver. The warranty\\nunder this article shall be in addition to and not in derogation of all\\nother rights and privileges which such consumer may have under any other\\nlaw or instrument. Waiver of any rights by the buyer under this article\\nshall be deemed contrary to public policy and shall be unenforceable and\\nvoid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "697-D", "title" : "New farm equipment bill of rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "697-D", "activeDate" : "2014-09-22", "sequenceNo" : 1115, "repealedDate" : null, "fromSection" : "697-D", "toSection" : "697-D", "text" : " § 697-d. New farm equipment bill of rights. A supplier shall provide\\nthe following notice, entitled \"New Farm Equipment Bill of Rights\" along\\nwith a written copy of the provisions of this article, to its authorized\\ndealers in this state, and the dealer shall provide such bill of rights\\nto each consumer at the time of purchase or lease of farm equipment.\\nSuch notice shall be printed in conspicuous ten point bold face type.\\n NEW FARM EQUIPMENT BILL OF RIGHTS\\n (1) IN ADDITION TO ANY WARRANTIES PROVIDED FOR YOUR FARM EQUIPMENT,\\nYOUR NEW FARM EQUIPMENT, PURCHASED WITHIN OR OUTSIDE OF THIS STATE, IS\\nWARRANTED AGAINST ALL MATERIAL DEFECTS FOR ONE YEAR.\\n (2) YOU MUST REPORT ANY PROBLEMS TO THE WARRANTOR OR ITS DEALER IN\\nWRITING WITHIN THE WARRANTY PERIOD. ALTHOUGH, IF IN THE LAST THIRTY DAYS\\nOF THE WARRANTY, YOU ARE ONLY ABLE TO PROVIDE A VERBAL NOTICE, YOU WILL\\nHAVE UP TO THIRTY DAYS AFTER THE EXPIRATION OF THE WARRANTY TO PROVIDE A\\nWRITTEN NOTICE.\\n (3) A WARRANTOR OR A DEALER MAY NOT CHARGE FOR THE PARTS OR LABOR\\nINVOLVED IN THE REPAIR OF THE DEFECT WITHIN THE WARRANTY PERIOD.\\n (4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR ATTEMPTS DURING\\nTHE WARRANTY PERIOD; OR IF YOUR EQUIPMENT IS OUT OF SERVICE TO REPAIR A\\nPROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE\\nSUPPLIER OR ITS DEALER REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR\\nCONDITION WITHIN TWENTY DAYS OF RECEIPT OF WRITTEN NOTICE SENT BY YOU TO\\nTHE SUPPLIER; THEN YOU MAY BE ENTITLED, AT YOUR OPTION, TO EITHER\\nCOMPARABLE FARM EQUIPMENT OR A REFUND OF YOUR PURCHASE PRICE FROM THE\\nWARRANTOR, MINUS A USE ALLOWANCE.\\n (5) A WARRANTOR MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY ABUSE,\\nNEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE EQUIPMENT.\\n (6) A WARRANTOR MAY REFUSE TO EXCHANGE COMPARABLE EQUIPMENT OR REFUND\\nYOUR PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE\\nVALUE, SAFETY OR USE OF YOUR FARM EQUIPMENT.\\n (7) IF THE WARRANTOR DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY\\nRESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S FEES\\nIF YOU PREVAIL.\\n (8) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.\\n (9) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE\\nTHROUGH THE WARRANTOR, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN\\nINDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU WILL HAVE\\nTO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE\\nOR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDEPENDENT\\nARBITRATION.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A34", "title" : "Creditor Billing Errors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "34", "activeDate" : "2014-09-22", "sequenceNo" : 1116, "repealedDate" : null, "fromSection" : "701", "toSection" : "707", "text" : " ARTICLE 34\\n CREDITOR BILLING ERRORS\\nSection 701. Definitions.\\n 702. Application.\\n 703. Notice of error and response.\\n 704. Permissible procedures by creditor.\\n 705. Statement to contain instructions for notification of\\n error.\\n 706. Notice to consumer of this act.\\n 707. Penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "701", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "701", "activeDate" : "2014-09-22", "sequenceNo" : 1117, "repealedDate" : null, "fromSection" : "701", "toSection" : "701", "text" : " § 701. Definitions. Whenever used in this article:\\n 1. \"Consumer\" means a natural person.\\n 2. \"Creditor\" means a person, partnership, corporation, association or\\nother entity who, in the ordinary course of business, regularly extends\\nconsumer credit.\\n 3. \"Consumer credit\" means credit extended to a consumer, primarily\\nfor personal, family or household purposes, pursuant to a plan under\\nwhich the creditor may permit the consumer to make purchases or obtain\\nloans, from time to time, directly from the creditor or indirectly by\\nuse of a credit card, check or other device, as the plan may provide.\\n 4. \"Billing error\" means the initial occurrence of an error by\\nomission or commission by the creditor in a billing statement given to\\nthe consumer by the creditor in (a) posting any debit or credit or (b)\\nthe computation of any amount or (c) any similar error of an accounting\\nnature or (d) posting any debit for goods which were not received by the\\nconsumer as required by the provisions of subdivision fourteen of\\nsection four hundred thirteen of the personal property law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "702", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "702", "activeDate" : "2014-09-22", "sequenceNo" : 1118, "repealedDate" : null, "fromSection" : "702", "toSection" : "702", "text" : " § 702. Application. 1. Except as provided in subdivision two of this\\nsection, this chapter shall not apply to statements of accounts rendered\\nto customers by public utilities whose billing practices are subject to\\nthe jurisdiction and regulation of the public service commission.\\n 2. Subject to federal law and regulation, no creditor shall charge a\\nconsumer an additional rate or fee associated with payment on an account\\nwhen the consumer chooses to pay by United States mail. This subdivision\\nshall not be construed to prohibit a creditor from offering consumers a\\ncredit or other incentive to elect a specific payment option.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "703", "title" : "Notice of error and response", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "703", "activeDate" : "2014-09-22", "sequenceNo" : 1119, "repealedDate" : null, "fromSection" : "703", "toSection" : "703", "text" : " § 703. Notice of error and response. If a creditor, having transmitted\\nto a consumer a statement of the consumer's account, receives from the\\nconsumer at an address designated therefor by the creditor in accordance\\nwith section seven hundred five of this article, within sixty days of\\nthe mailing of said statement, a written notice, on a document other\\nthan a document provided by the creditor to accompany payment, setting\\nforth sufficient information to enable the creditor to identify the\\nconsumer and the account, the amount and transaction shown in the\\nstatement which the consumer in good faith believes to be a billing\\nerror, and the facts providing the basis for the consumer's belief that\\nthe statement is in error; the creditor shall:\\n 1. Not later than thirty days after receipt of the notice, mail a\\nwritten acknowledgment to the consumer; and\\n 2. Not later than ninety days after receipt of the notice and prior to\\ntaking any action to collect the amount believed by the consumer to be a\\nbilling error, (a) make appropriate corrections in the account of the\\nconsumer and mail to the consumer a written notice stating that the\\namount believed to be in error has been corrected and will be shown on\\nthe next statement mailed to the consumer or (b) send a written notice\\nto the consumer setting forth the reasons why the creditor believes the\\naccount of the consumer was correctly shown in the statement; and\\n 3. Not communicate unfavorable credit information concerning the\\nconsumer to any person, including but not limited to credit bureaus or\\ncredit reporting agencies, based upon the consumer's failure to pay the\\namount believed by him to be a billing error, until the creditor has\\ncomplied with this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "704", "title" : "Permissible procedures by creditor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "704", "activeDate" : "2014-09-22", "sequenceNo" : 1120, "repealedDate" : null, "fromSection" : "704", "toSection" : "704", "text" : " § 704. Permissible procedures by creditor. Notwithstanding the receipt\\nby a creditor of a notice from a consumer as described in section seven\\nhundred three of this act, a creditor may, subject to the provisions of\\nsection seven hundred seven of this act, transmit statements of account\\nto the consumer which include an amount believed by the consumer to be a\\nbilling error, and the creditor, further, may undertake collection\\nprocedures not attributable to such consumer's failure to pay, nor\\ndirected at, such disputed amount.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "705", "title" : "Statement to contain instructions for notification of error", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "705", "activeDate" : "2014-09-22", "sequenceNo" : 1121, "repealedDate" : null, "fromSection" : "705", "toSection" : "705", "text" : " § 705. Statement to contain instructions for notification of error.\\nEvery statement of account rendered by a creditor to a consumer shall\\ninclude the address to be used by the consumer in making inquiries\\nconcerning his statement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "706", "title" : "Notice to consumer of this act", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "706", "activeDate" : "2014-09-22", "sequenceNo" : 1122, "repealedDate" : null, "fromSection" : "706", "toSection" : "706", "text" : " § 706. Notice to consumer of this act. Not later than sixty days after\\nthe effective date of this act, a creditor shall send to each consumer,\\nwhose account was in existence on the effective date of this act, and\\nwith or before the first billing statement on any consumer credit plan\\nissued or offered to a new consumer after the effective date of this act\\nand upon each subsequent renewal of a consumer's account a written\\nnotice (by any means reasonably assuring the receipt thereof by the\\nconsumer) which describes the procedures to be followed under section\\nseven hundred three of this act. Provided, however, that with respect to\\nan existing account on which there is no debit or credit balance on the\\neffective date of this act, a creditor shall have the option of sending\\nsuch notice with or before the first billing statement issued on such\\naccount after the effective date of this act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "707", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "707", "activeDate" : "2014-09-22", "sequenceNo" : 1123, "repealedDate" : null, "fromSection" : "707", "toSection" : "707", "text" : " § 707. Penalties. Any creditor, having received a notice from a\\nconsumer as provided in section seven hundred three of this act, who\\nfails to comply with the requirements of that section:\\n 1. If such an amount is not in fact a billing error, forfeits any\\nrights to collect from the consumer any finance charge or other charge\\nimposed by the creditor in connection with the amount so specified, from\\nthe date of the mailing of such notice to the date the creditor complies\\nwith section seven hundred three of this act; and\\n 2. If such amount is in fact a billing error, is liable to the\\nconsumer in an amount equal to the sum of:\\n (a) the actual damages sustained by the consumer as a result of the\\nfailure of the creditor to comply with such section;\\n (b) twice the amount of the billing error shown in the statement of\\nthe consumer's account except that liability under this paragraph shall\\nnot be greater than four hundred dollars; and\\n (c) in the case of any successful action to enforce the foregoing\\nliability, the costs of the action together with a reasonable attorney's\\nfee as determined by the court.\\n 3. If such amount is in fact a billing error but the creditor shows by\\na preponderance of evidence that the violation was not intentional and\\nresulted from bona fide error made despite the maintenance of procedures\\nreasonably adopted to avoid any such error, the creditor shall be liable\\nto the consumer only to the extent of the actual damages sustained by\\nthe consumer as a result of the failure of the creditor to comply with\\nsuch section and the costs of any action brought to enforce collection\\nof such erroneous bill together with a reasonable attorney's fee as\\ndetermined by the court.\\n 4. Whenever there shall be a violation of subdivision two of section\\nseven hundred two of this article, an application may be made by the\\nattorney general in the name of the people of the state of New York to a\\ncourt or justice having jurisdiction by a special proceeding to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin or restrain the continuance of such violation; and if it shall\\nappear to the satisfaction of the court or justice that the defendant\\nhas, in fact, violated subdivision two of section seven hundred two of\\nthis article, an injunction may be issued by such court or justice,\\nenjoining and restraining any further violation, without requiring proof\\nthat any person has, in fact, been injured or damaged thereby. In any\\nsuch proceeding, the court may make allowances to the attorney general\\nas provided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of\\nsubdivision two of section seven hundred two of this article has\\noccurred, the court may impose a civil penalty of not more than two\\nhundred fifty dollars for each such violation. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof and make a determination of the relevant facts and to issue\\nsubpoenas in accordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A34-A", "title" : "Consumer Credit Balances", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "34-A", "activeDate" : "2014-09-22", "sequenceNo" : 1124, "repealedDate" : null, "fromSection" : "710", "toSection" : "716", "text" : " ARTICLE 34-A\\n CONSUMER CREDIT BALANCES\\nSection 710. Definitions.\\n 711. Transfer of credit balances prohibited.\\n 712. Mailing of statements of credit account balances.\\n 713. Required notice in credit account statements; refund of\\n balances.\\n 714. Automatic refund of credit balances.\\n 715. Disposition of unclaimed credit balances.\\n 716. Violations and penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "710", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "710", "activeDate" : "2014-09-22", "sequenceNo" : 1125, "repealedDate" : null, "fromSection" : "710", "toSection" : "710", "text" : " § 710. Definitions. Whenever used in this article:\\n 1. \"Consumer\" means a natural person.\\n 2. \"Creditor\" means a person, partnership, corporation, association or\\nother entity who, in the ordinary course of business, regularly extends\\nconsumer credit. The term creditor includes any agent of a creditor for\\ncollection, processing or other purposes.\\n 3. \"Consumer credit\" means credit extended to a consumer on an account\\npursuant to a plan under which the creditor may permit the customer to\\nmake purchases or obtain loans, from time to time, directly from the\\ncreditor or indirectly by use of a credit card, check, or other device,\\nas the plan may provide. The term does not include negotiated advances\\nunder an open end real estate mortgage or a letter of credit.\\n 4. \"Credit balance\" means any money or credit owed to, or held for the\\nbenefit of, a consumer by a creditor on a consumer credit account,\\nwhether resulting from an overpayment or return of merchandise by the\\nconsumer, or otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "711", "title" : "Transfer of credit balances prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "711", "activeDate" : "2014-09-22", "sequenceNo" : 1126, "repealedDate" : null, "fromSection" : "711", "toSection" : "711", "text" : " § 711. Transfer of credit balances prohibited. No creditor shall\\nwrite-off, delete or transfer any credit balance greater than one dollar\\nfrom a consumer credit account except to the extent that the consumer\\nhas either received a cash refund or made offsetting purchases.\\nProvided, however, that nothing herein shall prevent the creditor from\\ndeleting a credit balance created through an error.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "712", "title" : "Mailing of statements of credit account balances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "712", "activeDate" : "2014-09-22", "sequenceNo" : 1127, "repealedDate" : null, "fromSection" : "712", "toSection" : "712", "text" : " § 712. Mailing of statements of credit account balances. Each creditor\\nshall provide every holder of a consumer credit account with a statement\\nsetting forth any credit balance greater than one dollar at the end of\\nthe billing cycle in which such balance is first posted, unless such\\nbalances have already been refunded, and thereafter at least once in\\nevery three billing cycles.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "713", "title" : "Required notice in credit account statements; refund of balances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "713", "activeDate" : "2014-09-22", "sequenceNo" : 1128, "repealedDate" : null, "fromSection" : "713", "toSection" : "713", "text" : " § 713. Required notice in credit account statements; refund of\\nbalances. 1. Every statement reflecting a credit balance in favor of the\\nconsumer shall contain a clear and conspicuous notice stating the right\\nof the consumer to request and receive a refund of the full credit\\nbalance, together with the address to which such request may be sent.\\n 2. Every creditor shall refund the full credit balance by cash or\\ncheck within thirty days of receipt of such request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "714", "title" : "Automatic refund of credit balances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "714", "activeDate" : "2014-09-22", "sequenceNo" : 1129, "repealedDate" : null, "fromSection" : "714", "toSection" : "714", "text" : " § 714. Automatic refund of credit balances. Where a credit balance\\ngreater than one dollar exists, and where no purchases, payments or\\nother transactions (other than the imposition of service, membership or\\nother administrative charges) occur with respect to a consumer credit\\naccount for six consecutive billing cycles, the creditor shall refund\\nthe full amount of such credit balance by cash or check within thirty\\ndays after the end of such period of inactivity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "715", "title" : "Disposition of unclaimed credit balances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "715", "activeDate" : "2014-09-22", "sequenceNo" : 1130, "repealedDate" : null, "fromSection" : "715", "toSection" : "715", "text" : " § 715. Disposition of unclaimed credit balances. In the event the\\ncreditor, after due diligence, cannot locate a consumer to make a credit\\nbalance refund pursuant to this article, such money shall be retained in\\na separate trust account to be maintained by the creditor for such\\npurpose for a period of three years and thereafter shall be transferred\\nto the New York state department of audit and control to be held\\npursuant to the provisions of the New York abandoned property law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "716", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "716", "activeDate" : "2014-09-22", "sequenceNo" : 1131, "repealedDate" : null, "fromSection" : "716", "toSection" : "716", "text" : " § 716. Violations and penalties. Whenever there shall be a violation\\nof this section, an application may be made by the attorney general in\\nthe name of the people of the state of New York to a court or justice\\nhaving jurisdiction to issue an injunction, and upon notice to the\\ndefendant of not less than five days, to enjoin and restrain the\\ncontinuance of such violations; and if it shall appear to the\\nsatisfaction of the court or justice that the defendant has, in fact,\\nviolated this section, an injunction may be issued by such court or\\njustice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding the court may make allowances to the\\nattorney general as provided in section eighty-three hundred three,\\nsubdivision six of the civil practice law and rules, and direct\\nrestitution. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A34-B", "title" : "Annual Credit Interest Statements", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "34-B", "activeDate" : "2014-09-22", "sequenceNo" : 1132, "repealedDate" : null, "fromSection" : "717", "toSection" : "719", "text" : " ARTICLE 34-B\\n ANNUAL CREDIT INTEREST STATEMENTS\\nSection 717. Definitions.\\n 718. Annual interest statements.\\n 719. Violations and penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "717", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "717", "activeDate" : "2014-09-22", "sequenceNo" : 1133, "repealedDate" : null, "fromSection" : "717", "toSection" : "717", "text" : " § 717. Definitions. Whenever used in this article:\\n 1. \"Obligor\" means a natural person.\\n 2. \"Creditor\" means a person, partnership, corporation, association or\\nother entity who in the ordinary course of business, regularly extends\\nconsumer credit. The term creditor includes any agent of a creditor for\\ncollection, processing or other purposes.\\n 3. \"Consumer credit\" means credit extended to an obligor on an account\\npursuant to a plan under which (a) the creditor may permit the obligor\\nto make purchases or obtain loans, from time to time, directly from the\\ncreditor or indirectly by use of a credit card, check, or other device,\\nas the plan may provide; (b) the customer has the privilege of paying\\nthe balance in full or in installments; and (c) a finance charge may be\\ncomputed by the creditor from time to time on an outstanding unpaid\\nbalance. The term does not include negotiated advances under an open end\\nreal estate mortgage or a letter of credit.\\n 4. \"Interest\" means that part of the entire amount agreed to be paid\\nfor the purchase made or loan advanced which exceeds the aggregate of\\nthe cash value of such purchases or loans and is deemed to include\\nservice charges, time-price charges and per check charges.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "718", "title" : "Annual interest statements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "718", "activeDate" : "2014-09-22", "sequenceNo" : 1134, "repealedDate" : null, "fromSection" : "718", "toSection" : "718", "text" : " § 718. Annual interest statements. 1. The creditor of any account\\nunder a consumer credit plan on which interest aggregating fifty dollars\\nor more has been paid in any calendar year and who maintains a\\ncomputerized or otherwise automated electronic system for the issuance\\nof periodic billing statements in the ordinary course of business shall\\nfurnish to the obligor a notice capable of being marked and returned to\\nthe creditor which, upon being marked and returned, shall require\\nissuance of a statement of the aggregate interest charges paid by such\\nobligor. Such statement shall be issued on or before February fifteenth\\nin the following year.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\na creditor may satisfy the requirements imposed therein by providing\\nsuch a statement printed clearly and conspicuously on a periodic billing\\nstatement provided in the creditor's ordinary course of business,\\nprovided that such billing statement is furnished to the obligor on or\\nbefore February fifteenth of the year following the year in which the\\ninterest charges were imposed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "719", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "719", "activeDate" : "2014-09-22", "sequenceNo" : 1135, "repealedDate" : null, "fromSection" : "719", "toSection" : "719", "text" : " § 719. Violations and penalties. Whenever there shall be a violation\\nof this article, an application may be made by the attorney general in\\nthe name of the people of the state of New York to a court or justice\\nhaving jurisdiction to issue an injunction, and upon notice to the\\ndefendant of not less than five days, to enjoin and restrain the\\ncontinuance of such violations; and if it shall appear to the\\nsatisfaction of the court or justice that the defendant has, in fact,\\nviolated this article, an injunction may be issued by such court or\\njustice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules.\\nIn connection with any such proposed application, the attorney general\\nis authorized to take proof and make a determination of the relevant\\nfacts and to issue subpoenas in accordance with the civil practice law\\nand rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35", "title" : "Warranties On Mobile Homes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35", "activeDate" : "2014-09-22", "sequenceNo" : 1136, "repealedDate" : null, "fromSection" : "720", "toSection" : "724", "text" : " ARTICLE 35\\n WARRANTIES ON MOBILE HOMES\\nSection 720. Necessity of warranty.\\n 721. Definitions.\\n 722. Application.\\n 723. Written warranty; contents.\\n 724. Cumulative remedies; prohibition against waiver.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "720", "title" : "Necessity of warranty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "720", "activeDate" : "2014-09-22", "sequenceNo" : 1137, "repealedDate" : null, "fromSection" : "720", "toSection" : "720", "text" : " § 720. Necessity of warranty. After the effective date of this\\narticle, all new mobile homes sold by a mobile home dealer situated in\\nthe state of New York shall be covered by the warranty set forth in this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "721", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "721", "activeDate" : "2014-09-22", "sequenceNo" : 1138, "repealedDate" : null, "fromSection" : "721", "toSection" : "721", "text" : " § 721. Definitions. As used in this article, unless the context\\notherwise indicates, the following words shall have the following\\nmeanings:\\n 1. Dealer. \"Dealer\" shall include any person, corporation, association\\nor any other legal entity who customarily sells mobile homes to\\nconsumers.\\n 2. Manufacturer. \"Manufacturer\" means any person who makes,\\nfabricates, constructs, or assembles a mobile home. A manufacturer shall\\nnot include the person who installs or sets up the mobile home on a\\nsite.\\n 3. Mobile home. \"Mobile home\" means a moveable or portable unit\\ndesigned and constructed to be towed on its own chassis, comprised of\\nframe and wheels, connected to utilities, and designed and constructed\\nwithout a permanent foundation for year-round living. A unit may contain\\nparts that may be folded, collapsed or telescoped when being towed and\\nexpanded later to provide additional cubic capacity as well as two or\\nmore separately towable components designed to be used exclusively for\\nresidential purposes, excluding travel trailers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "722", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "722", "activeDate" : "2014-09-22", "sequenceNo" : 1139, "repealedDate" : null, "fromSection" : "722", "toSection" : "722", "text" : " § 722. Application. The warranty provided for in this article shall\\napply to the manufacturer of the mobile home as well as to the dealer\\nwho sells the mobile home to the buyer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "723", "title" : "Written warranty; contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "723", "activeDate" : "2014-09-22", "sequenceNo" : 1140, "repealedDate" : null, "fromSection" : "723", "toSection" : "723", "text" : " § 723. Written warranty; contents. The mobile home warranty from the\\nmanufacturer to the buyer shall be set forth in writing and shall\\ncontain the following terms:\\n 1. Defects. That the mobile home is free from any substantial defects\\nin materials or workmanship.\\n 2. Corrective action. That the manufacturer or the dealer for the\\naccount of the manufacturer shall take appropriate corrective action\\nwithin sixty days of receipt of written notification at the site of the\\nmobile home in instances of substantial defects in materials or\\nworkmanship, which become evident within one year from the date of the\\ndelivery of the mobile home to the consumer, provided the consumer or\\nhis transferee gives written notice of such defects to the manufacturer\\nor dealer at their business address not later than one year and ten days\\nafter date of delivery.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "724", "title" : "Cumulative remedies; prohibition against waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "724", "activeDate" : "2014-09-22", "sequenceNo" : 1141, "repealedDate" : null, "fromSection" : "724", "toSection" : "724", "text" : " § 724. Cumulative remedies; prohibition against waiver. The warranty\\nunder this article shall be in addition to and not in derogation of all\\nother rights and privileges which such consumer may have under any other\\nlaw or instrument. Waiver of any rights by the buyer under this chapter\\nshall be deemed contrary to public policy and shall be unenforceable and\\nvoid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35-A", "title" : "Aftermarket Rustproofing Warranties of New Motor Vehicles", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35-A", "activeDate" : "2014-09-22", "sequenceNo" : 1142, "repealedDate" : null, "fromSection" : "730", "toSection" : "735", "text" : " ARTICLE 35-A\\n AFTERMARKET RUSTPROOFING WARRANTIES OF NEW MOTOR VEHICLES\\nSection 730. Definitions.\\n 731. Written warranty required.\\n 732. Written warranty; contents.\\n 733. Warrantor liability for authorized aftermarket\\n rustproofing; notification.\\n 734. Remedies; violations and penalties.\\n 735. Cumulative remedies; prohibition against waiver.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "730", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "730", "activeDate" : "2014-09-22", "sequenceNo" : 1143, "repealedDate" : null, "fromSection" : "730", "toSection" : "730", "text" : " § 730. Definitions. Whenever used in this article: 1. \"Aftermarket\\nrustproofing\" means the application of rust-inhibiting material to\\nvarious areas of a new motor vehicle after the vehicle has been\\nassembled.\\n 2. \"Buyer\" means a natural person who buys or receives aftermarket\\nrustproofing on a new motor vehicle if such vehicle is bought for use\\nprimarily for personal, family or household purposes.\\n 3. \"Person\" means an individual, partnership, corporation, association\\nor any other legal entity.\\n 4. \"Warrantor\" means any person who issues a written warranty pursuant\\nto section seven hundred thirty-one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "731", "title" : "Written warranty required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "731", "activeDate" : "2014-09-22", "sequenceNo" : 1144, "repealedDate" : null, "fromSection" : "731", "toSection" : "731", "text" : " § 731. Written warranty required. A person who applies aftermarket\\nrustproofing to motor vehicles sold in this state shall provide the\\nbuyer with a written warranty which complies with the requirements of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "732", "title" : "Written warranty; contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "732", "activeDate" : "2014-09-22", "sequenceNo" : 1145, "repealedDate" : null, "fromSection" : "732", "toSection" : "732", "text" : " § 732. Written warranty; contents. The aftermarket rustproofing\\nwarranty required by this article must contain the following terms:\\n 1. Defects. The body sheet metal, structural members and frame of the\\nmotor vehicle are warranted not to rust through from the inside out\\nduring the warranty period specified.\\n 2. Corrective action.\\n (a) The warrantor will, as a minimum remedy, make repairs or indemnify\\nthe buyer for the actual cost of repairing any rust damage covered by\\nthe warranty.\\n (b) The warrantor will honor all valid claims under the warranty\\nregardless of their number.\\n (c) Nothing contained in this section shall be deemed to preclude a\\nwarrantor from entering into a contract requiring a financially solvent\\napplicator to be initially responsible for the cost of any corrective\\naction as a result of the negligence of the applicator of the\\naftermarket rustproofing.\\n 3. Length of warranty. This warranty shall be valid for a period of\\nnot less than five years from the date of the application of the\\naftermarket rustproofing, provided, however, that this section shall not\\nbe construed as to extend this warranty to a person who is a subsequent\\ntransferee of the buyer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "733", "title" : "Warrantor liability for authorized aftermarket rustproofing; notification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "733", "activeDate" : "2014-09-22", "sequenceNo" : 1146, "repealedDate" : null, "fromSection" : "733", "toSection" : "733", "text" : " § 733. Warrantor liability for authorized aftermarket rustproofing;\\nnotification. 1. It shall be unlawful for a warrantor to include in any\\nwarranty agreement a clause that purports to limit a buyer's warranty\\nprotection on the basis that the buyer has, or may have, a claim under\\nan existing warranty.\\n 2. It shall be unlawful for a warrantor to fail to notify a buyer in\\nwriting within ten business days of inspecting the buyer's motor vehicle\\nfor rust damage whether the warranty claim will be allowed or denied. If\\nthe claim is denied, the specific reasons for the denial shall be stated\\nin writing.\\n 3. It shall be unlawful for a warrantor to fail to honor a buyer's\\nwarranty claim on the basis that the aftermarket rustproofing was\\napplied improperly, if such service was provided by a person authorized\\nby the warrantor.\\n 4. Nothing contained in this section shall be deemed to prevent a\\nwarrantor from refusing to honor a warranty claim based upon the failure\\nof a buyer to comply with provisions of a warranty with respect to the\\nproper care and maintenance of the aftermarket rustproofing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "734", "title" : "Remedies; violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "734", "activeDate" : "2014-09-22", "sequenceNo" : 1147, "repealedDate" : null, "fromSection" : "734", "toSection" : "734", "text" : " § 734. Remedies; violations and penalties. 1. A buyer injured by a\\nviolation of this article may bring an action to recover damages.\\nJudgment may be entered for up to three times the actual damages\\nsuffered by a consumer up to one thousand dollars, or one hundred\\ndollars, whichever is greater, if the court finds such violation is\\nwillful. The court may also award reasonable attorneys fees to a\\nprevailing plaintiff.\\n 2. Upon any violation of this article, an application may be made by\\nthe attorney general in the name of the people of the state to a court\\nor justice having jurisdiction to issue an injunction, and upon notice\\nto the respondent of not less than five days, to enjoin and restrain the\\ncontinuance of the violation. If it shall appear to the satisfaction of\\nthe court or justice that the respondent has violated any provision of\\nthis article, an injunction may be issued by the court or justice,\\nenjoining and restraining any further violation, without requiring proof\\nthat any person has, in fact, been injured or damaged thereby. In any\\nsuch proceeding, the court may make allowances to the attorney general\\nas provided in paragraph six of subdivision (a) of section eighty-three\\nhundred three of the civil practice law and rules, and direct\\nrestitution. Whenever the court shall determine that a violation of this\\narticle has occurred, the court may impose a civil penalty of not more\\nthan one thousand dollars for each violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "735", "title" : "Cumulative remedies; prohibition against waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "735", "activeDate" : "2014-09-22", "sequenceNo" : 1148, "repealedDate" : null, "fromSection" : "735", "toSection" : "735", "text" : " § 735. Cumulative remedies; prohibition against waiver. The warranty\\nunder this article shall be in addition to and not in derogation of all\\nother rights and privileges which such consumer may have under any other\\nlaw or instrument. Waiver of any rights by the buyer under this chapter\\nshall be deemed contrary to public policy and shall be unenforceable and\\nvoid. Nothing in this article shall affect a consumer's ability to\\nsettle with a warrantor any disputes which arise under the warranty.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35-B", "title" : "Automobile Broker Business", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-04-27", "2024-12-27" ], "docLevelId" : "35-B", "activeDate" : "2018-04-27", "sequenceNo" : 1149, "repealedDate" : null, "fromSection" : "736", "toSection" : "744", "text" : " ARTICLE 35-B\\n AUTOMOBILE BROKER BUSINESS\\nSection 736. Definitions.\\n 736-a. Registration required.\\n 737. Advance fees prohibited.\\n 738. Contracts; requirements and contents.\\n 739. Contracts void and unenforceable.\\n 740. Escrow required for advance payments.\\n 740-a. Automobile broker business surety bond.\\n 741. Deceptive acts prohibited.\\n 741-a. Advertising.\\n 741-b. Disclosure.\\n 742. Action for recovery of damages by consumer.\\n 743. Enforcement by attorney general.\\n 744. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "736", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-04-27", "2018-06-22", "2024-12-27", "2025-06-27" ], "docLevelId" : "736", "activeDate" : "2018-06-22", "sequenceNo" : 1150, "repealedDate" : null, "fromSection" : "736", "toSection" : "736", "text" : " § 736. Definitions. As used in this article:\\n 1. \"Automobile broker business\" means any person who, for a fee,\\ncommission or other valuable consideration, regardless of whether such\\nfee, commission, or consideration is paid directly by a consumer, offers\\nto provide, provides, or represents that he or she will provide a\\nservice of purchasing, arranging, assisting, facilitating or effecting\\nthe purchase or lease of an automobile as agent, broker, or intermediary\\nfor a consumer. \"Automobile broker business\" does not include any person\\nregistered as a dealer pursuant to article sixteen of the vehicle and\\ntraffic law nor any bona fide employee of a registered dealer while\\nacting for such dealer, or any person who sells, offers for sale or\\nlease or acts as agent, broker or intermediary in effecting the purchase\\nor lease of three or fewer automobiles in any calendar year, any\\nnational service which aggregates information for consumers, but does\\nnot otherwise have contact with consumers, or any motor vehicle\\nfranchisor, manufacturer, or distributor registered under article\\nsixteen of the vehicle and traffic law.\\n 2. \"Consumer\" means a natural person who is solicited to purchase or\\nwho purchases the services of an automobile broker business.\\n 3. \"Person\" includes an individual, corporation, partnership, joint\\nventure, or any other business entity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "736-A", "title" : "Registration required", "docType" : "SECTION", "publishedDates" : [ "2017-12-22", "2018-06-22" ], "docLevelId" : "736-A", "activeDate" : "2018-06-22", "sequenceNo" : 1151, "repealedDate" : null, "fromSection" : "736-A", "toSection" : "736-A", "text" : " § 736-a. Registration required. 1. No person shall engage in business\\nas an automobile broker business, as defined in section seven hundred\\nthirty-six of this article, without first having been issued a\\ncertificate of registration for an automobile broker business pursuant\\nto paragraph c of subdivision seven of section four hundred fifteen of\\nthe vehicle and traffic law.\\n 2. A certificate of registration for an automobile broker business\\nshall not permit the registrant to display for sale or lease any new or\\nused motor vehicles without registration as a dealer under section four\\nhundred fifteen of the vehicle and traffic law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "737", "title" : "Advance fees prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "737", "activeDate" : "2014-09-22", "sequenceNo" : 1152, "repealedDate" : null, "fromSection" : "737", "toSection" : "737", "text" : " § 737. Advance fees prohibited. No automobile broker business shall\\nsolicit, receive or collect from a consumer any fee, or commission, in\\nadvance of the performance of those services specified in the contract\\nas required by section seven hundred thirty-eight of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "738", "title" : "Contracts; requirements and contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-04-27", "2018-06-22", "2024-12-27", "2025-02-21", "2025-06-27" ], "docLevelId" : "738", "activeDate" : "2018-06-22", "sequenceNo" : 1153, "repealedDate" : null, "fromSection" : "738", "toSection" : "738", "text" : " § 738. Contracts; requirements and contents. 1. Every contract between\\na consumer and an automobile broker business for the purchase of an\\nautomobile shall be in writing, shall be dated, shall contain the street\\naddress of the automobile broker business and the consumer and shall be\\nsigned by the consumer and by the automobile broker business. Every\\ncontract shall comply with the requirements set forth in this section\\nand contain the following:\\n (a) A complete description of the automobile and each option, if any,\\nordered; a statement of whether the automobile is or will be\\nmanufactured in accordance with United States specifications and is or\\nwill be certified by the manufacturer as such; if the automobile is not\\nor will not be manufactured in accordance with United States safety and\\nenvironmental specifications, and the consumer has retained the\\nautomobile broker business to arrange for the modification of the\\nautomobile to meet such specifications, the name and street address of\\nthe modification facility and a statement in immediate proximity to such\\ninformation that the automobile broker business assumes full financial\\nresponsibility that the automobile will be properly modified to meet all\\nUnited States safety and environmental specifications.\\n (b) The price of the automobile including any options ordered. If the\\nprice set forth is an estimated price, a statement in immediate\\nproximity to the price that the price is an estimated price only and\\nthat the consumer has the right to cancel the contract and to receive a\\nfull refund if the final price exceeds the estimated price by more than\\nfive percent.\\n (c) The estimated delivery date of the automobile and the place of\\ndelivery and a statement in immediate proximity to the estimated\\ndelivery date that, if the automobile has not been delivered in\\naccordance with the contract within thirty days following such estimated\\ndelivery date, the consumer has the right to cancel the contract and to\\nreceive a full refund, unless the delay in delivery is attributable to\\nthe consumer.\\n (d) A statement of whether or not the manufacturer's warranty\\naccompanying the automobile is the same warranty as that furnished to\\npurchasers of that make automobile from an authorized dealer located in\\nthe United States.\\n (e) A description of any other services and an itemization of the\\ncharges for each. Such description shall include disclosure of the\\nautomobile dealer from which the automobile was purchased, as well as\\nall fees, commissions or other valuable considerations paid by an\\nautomobile dealer to the automobile broker business for selling,\\narranging, assisting or effecting the sale of an automobile as agent,\\nbroker, or intermediary between the consumer and the automobile dealer.\\n (f) If a consumer elects to cancel the contract pursuant to paragraph\\n(b) or (c) of this subdivision, he or she shall notify in writing the\\nautomobile broker business at the address specified in the contract. The\\nautomobile broker business shall make a full refund to the consumer\\nwithin ten business days following receipt of the request for a refund.\\nThe contract shall contain a statement, setting forth the consumer's\\nright to cancel the contract under paragraphs (b) and (c) of this\\nsubdivision and the refund obligations of the automobile broker\\nbusiness.\\n (g) The statements required by paragraphs (a), (b), (c), and (f) of\\nthis subdivision shall be printed in at least ten point bold type.\\n 2. The contract shall be accompanied by a completed form in duplicate,\\ncaptioned \"Notice of Cancellation\" which shall be attached to the\\ncontract and easily detachable, and which shall contain in at least ten\\npoint type the following:\\n \"Notice of Cancellation\"\\n \"You may cancel this contract, without any penalty or obligation,\\nwithin three days from the date that a copy of an executed contract is\\nreceived by you.\\n To cancel this contract, mail or deliver a signed and dated copy\\nof this cancellation notice, or any other written notice, to\\n(__________________________________) at (________________________)\\n name of automobile broker business address\\nnot later than midnight of the third day following your receipt of a\\nsigned contract.\\nI hereby cancel this transaction.\"\\n _________________________________\\n (signature of consumer)\\n _________________________\\n (date)\\n 3. An automobile broker business shall deliver to the consumer or mail\\nto him or her at the address shown on the contract, an executed copy\\nthereof.\\n 4. An automobile broker business in any transaction involving the\\nlease of a vehicle shall provide the retail lessee with a retail lease\\nagreement as provided for in section three hundred thirty-seven of the\\npersonal property law. The automobile broker shall provide a written\\ndisclosure of the amount of any fee, commission or other consideration\\npaid or expected to be paid by the lessor to the automobile broker\\nbusiness in connection with a transaction involving the lease of a\\nvehicle. Such disclosure shall be signed by the retail lessee. The\\nautomobile broker business shall provide the retail lessee with a signed\\ncopy of such disclosure together with the retail lease agreement\\nreferenced herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "739", "title" : "Contracts void and unenforceable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "739", "activeDate" : "2014-09-22", "sequenceNo" : 1154, "repealedDate" : null, "fromSection" : "739", "toSection" : "739", "text" : " § 739. Contracts void and unenforceable. 1. Any contract for services\\nwhich does not comply with the applicable provisions of this article\\nshall be void and unenforceable as contrary to public policy.\\n 2. Any waiver by a consumer of the provisions of this article shall be\\ndeemed void and unenforceable as contrary to public policy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "740", "title" : "Escrow required for advance payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "740", "activeDate" : "2014-09-22", "sequenceNo" : 1155, "repealedDate" : null, "fromSection" : "740", "toSection" : "740", "text" : " § 740. Escrow required for advance payments. All monies paid by a\\nconsumer to an automobile broker business in connection with a\\ntransaction covered by this article shall be trust funds in the\\npossession of such automobile broker business and shall be deposited by\\nit within five days after receipt thereof, in an account in a banking\\norganization within the state. The automobile broker business shall\\nthereupon notify in writing the consumer, giving the name and address of\\nthe banking organization and the amount deposited. The monies shall be\\nheld on deposit until fully applied to the contract price at the time\\nthe automobile is delivered to the consumer, unless sooner repaid in\\naccordance with the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "740-A", "title" : "Automobile broker business surety bond", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-06-22" ], "docLevelId" : "740-A", "activeDate" : "2018-06-22", "sequenceNo" : 1156, "repealedDate" : null, "fromSection" : "740-A", "toSection" : "740-A", "text" : " § 740-a. Automobile broker business surety bond. 1. Automobile broker\\nbusinesses shall obtain and continue in effect a surety bond in an\\namount of one hundred thousand dollars executed by a surety company\\nauthorized to transact business in the state by the department of\\nfinancial services of the state or its successor. The bonds shall be\\napproved as to form by the secretary of state and shall be conditioned\\non the automobile broker business' payment of all valid bank drafts,\\nincluding checks, drawn for the purchase of motor vehicles and\\nsafekeeping of all customer deposits related to the sale of a motor\\nvehicle between the time of receipt of such customer deposit and the\\ntransfer of good title to the vehicle to the customer.\\n 2. Recovery against a bond may be made by a person, including the\\nstate, who obtains a judgment against the automobile broker business for\\nan act or omission on which the bond is conditioned if the act or\\nomission occurred during the term of the bond. The total liability\\nimposed on the surety under this section for all breaches of the bond\\ncondition is limited to the face amount of the bond. Such liability may\\ninclude, but is not limited to, the amount of the valid bank drafts,\\nincluding checks, drawn by the automobile broker business for the\\npurchase of motor vehicles. In no event shall the surety on a bond be\\nliable for total claims in excess of the bond amount, regardless of the\\nnumber or nature of claims made against the bond or the number of years\\nthe bond remained in force.\\n 3. Any surety issuing a bond pursuant to this subdivision shall be\\nrequired to provide sixty days' notice to the secretary of state prior\\nto the effective date of cancellation of the bond.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "741", "title" : "Deceptive acts prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "741", "activeDate" : "2014-09-22", "sequenceNo" : 1157, "repealedDate" : null, "fromSection" : "741", "toSection" : "741", "text" : " § 741. Deceptive acts prohibited. It is hereby declared to be a\\ndeceptive trade practice and unlawful for an automobile broker business\\nto misrepresent directly or indirectly in its advertising, promotional\\nmaterials, sales presentation, or in any manner:\\n 1. The nature of the services to be performed;\\n 2. The time within which the services will be performed;\\n 3. The cost of the services to be performed; and\\n 4. The ability of the automobile broker business to perform the\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "741-A", "title" : "Advertising", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-06-22", "2024-12-27", "2025-02-21", "2025-06-27" ], "docLevelId" : "741-A", "activeDate" : "2018-06-22", "sequenceNo" : 1158, "repealedDate" : null, "fromSection" : "741-A", "toSection" : "741-A", "text" : " § 741-a. Advertising. Automobile broker businesses shall clearly and\\nconspicuously disclose the following in all advertisements in any\\nmedium, and in any print advertisement such disclosures shall not appear\\nin any footnotes and shall be situated in the top half of any such\\nadvertisement in an easily readable typeface:\\n (a) That the automobile broker business is not a registered new motor\\nvehicle dealer but is a registered automobile broker business as defined\\nin section four hundred fifteen of the vehicle and traffic law;\\n (b) The registration number issued to the automobile broker business\\npursuant to section four hundred fifteen of the vehicle and traffic law;\\n (c) Whether any fees may be imposed by the automobile broker business\\nfor services rendered. Details of such compensation shall be provided by\\nthe automobile broker business upon request by the consumer; and\\n (d) That no warranty repair services will be provided by the\\nautomobile broker business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "741-B", "title" : "Disclosure", "docType" : "SECTION", "publishedDates" : [ "2018-04-27", "2018-06-22", "2024-12-27", "2025-06-27" ], "docLevelId" : "741-B", "activeDate" : "2018-06-22", "sequenceNo" : 1159, "repealedDate" : null, "fromSection" : "741-B", "toSection" : "741-B", "text" : " § 741-b. Disclosure. An automobile broker business shall provide a\\ndisclosure at the time such automobile broker business takes an order to\\nsearch for a leased vehicle meeting the prospective lessee's\\nspecifications. Such disclosure shall provide the amount of any fees,\\ncommissions or other valuable consideration the automobile broker\\nbusiness expects to receive, if known, from a dealer, lessor or any\\nother person or entity for any assistance the automobile broker business\\nprovides in effecting the lease transaction. If the amount of any such\\nfees, commissions or other valuable consideration the automobile broker\\nbusiness expects to receive is unknown at the time of the required\\ndisclosure, the automobile broker business shall disclose: (a) whether\\nit has a contract with any dealer, lessor or any other person or entity\\nfor the provision of assistance in effecting a lease transaction; and\\n(b) whether the automobile broker business may be compensated by the\\ndealer, lessor or any other person or entity for any assistance in\\neffecting such lease transaction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "742", "title" : "Action for recovery of damages by consumer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "742", "activeDate" : "2014-09-22", "sequenceNo" : 1160, "repealedDate" : null, "fromSection" : "742", "toSection" : "742", "text" : " § 742. Action for recovery of damages by consumer. Any consumer\\ninjured by a violation of this article or by the breach by an automobile\\nbroker business of a contract which has been entered into pursuant to\\nsection seven hundred thirty-nine of this article may bring an action\\nfor recovery of damages. Judgment shall be entered in favor of a\\nconsumer in an amount not to exceed three times the actual damages, but\\nin no case less than the amount paid by the buyer to the automobile\\nbroker business. The court may award reasonable attorney's fees to a\\nprevailing plaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "743", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-07", "2016-12-30", "2024-12-27", "2025-06-27" ], "docLevelId" : "743", "activeDate" : "2016-12-30", "sequenceNo" : 1161, "repealedDate" : null, "fromSection" : "743", "toSection" : "743", "text" : " § 743. Enforcement by attorney general. In addition to the other\\nremedies provided, whenever there shall be a violation of this article,\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this article has occurred, the court shall impose a civil\\npenalty of not less than one thousand dollars and not more than three\\nthousand dollars for each violation. In connection with any such\\nproposed application, the attorney general is authorized to take proof\\nand make a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "744", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "744", "activeDate" : "2014-09-22", "sequenceNo" : 1162, "repealedDate" : null, "fromSection" : "744", "toSection" : "744", "text" : " § 744. Severability. If any provision of this article or if any\\napplication thereof to any person or circumstance is held invalid, the\\nremainder of this article and the application of the provision to other\\npersons and circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35-C", "title" : "Operation of Pet Cemeteries and Pet Crematoriums", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35-C", "activeDate" : "2014-09-22", "sequenceNo" : 1163, "repealedDate" : null, "fromSection" : "750", "toSection" : "750-W", "text" : " ARTICLE 35-C\\n OPERATION OF PET CEMETERIES AND PET CREMATORIUMS\\nSection 750. Declaration of policy.\\n 750-a. Definitions.\\n 750-b. License required.\\n 750-c. Powers of the secretary of state.\\n 750-d. Rules and regulations.\\n 750-e. License; application.\\n 750-f. Licenses; display; renewal; duplicates.\\n 750-g. Fees.\\n 750-h. Denial of license application and suspension and\\n revocation of licenses.\\n 750-i. Hearing on charges; decision.\\n 750-j. Judicial review.\\n 750-k. Violations and penalties.\\n 750-l. Official acts used as evidence.\\n 750-m. Dedication of moneys derived from operation of article.\\n 750-n. Dedication of real property for pet cemetery purposes.\\n 750-o. Removal of dedication.\\n 750-p. Area requirements for pet cemeteries.\\n 750-q. Maintenance fees for pet cemeteries.\\n 750-r. Endowment care or similar trust funds.\\n 750-s. Pet disposal forms.\\n 750-t. Disposal in compliance with forms.\\n 750-u. Veterinary and agricultural production exclusions.\\n 750-uu. Small pet cemetery exclusion.\\n 750-v. Duties of pet cemetery owners and operators.\\n 750-w. Separability clause.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750", "title" : "Declaration of policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750", "activeDate" : "2014-09-22", "sequenceNo" : 1164, "repealedDate" : null, "fromSection" : "750", "toSection" : "750", "text" : " § 750. Declaration of policy. The legislature hereby finds and\\ndeclares that the relationships that humans develop with other members\\nof the animal kingdom that are taken into our homes and kept as pets are\\nunique and special. These relationships can enrich our lives and\\nincrease our happiness. Even after the death of a pet, human attachment\\nto the memory of the pet often remains very strong and many people feel\\nthe need to memorialize their love for their animal by burying their pet\\nin a pet cemetery. Pet cemeteries, their managers and owners have a\\nspecial responsibility to their customers who have entrusted their pets'\\nremains with them. These pet cemeteries have a duty to act in an\\nethical and lawful manner to prevent grieving pet owners from\\nexperiencing further any emotional pain or financial manipulation.\\nPerpetrations of fraud against grieving pet owners are unconscionable.\\n The legislature further finds and declares that the people of this\\nstate have a vital interest in the establishment, maintenance and\\npreservation of pet cemeteries and pet crematoriums and the proper\\noperation of the businesses and individuals which own and manage the\\nsame. This article is determined an exercise of the police powers of\\nthis state to protect the well-being of our citizens, to promote the\\npublic welfare, to promote the health of the public and to prevent pet\\ncemeteries and pet crematoriums from falling into disrepair and\\ndilapidation and becoming a burden upon the community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-A", "activeDate" : "2014-09-22", "sequenceNo" : 1165, "repealedDate" : null, "fromSection" : "750-A", "toSection" : "750-A", "text" : " § 750-a. Definitions. As used in this article, unless the context\\nrequires otherwise:\\n 1. \"Person\" means an individual, corporation, company, partnership,\\nmunicipality, not-for-profit corporation or any other entity whatsoever.\\n 2. \"Licensee\" means a person as herein defined licensed to engage in\\nthe business of operating a pet cemetery or pet crematorium under this\\narticle.\\n 3. \"To engage for a fee in the business of operating a pet cemetery or\\npet crematorium\" means and refers to a person who holds himself or\\nherself out directly or indirectly, as being able, or who offers or\\nundertakes, by any means or method, to dispose of pet remains by earth\\nburial, entombment, inurnment, cremation or other means.\\n 4. \"License fee\" and \"renewal fee\" mean the fees required to accompany\\nan application for issuance of any license, including any temporary,\\napprentice or renewal license, pursuant to this article. Such fee shall\\nbe non-refundable.\\n 5. \"Pet cemetery\" means any land, place, structure, facility or\\nbuilding provided by any person for a fee, whether or not for profit, to\\nveterinarians or members of the general public for use, or reservation\\nfor use, for the permanent interment or inurnment above or below ground\\nof pet remains. Provided, however, this definition shall not apply to:\\n (a) rendering plants licensed pursuant to article five-C of the\\nagriculture and markets law, or\\n (b) a landfill or other disposal facility at which solid waste, or its\\nresidue after treatment, is intentionally placed and at which, solid\\nwaste shall remain indefinitely.\\n 6. \"Pet crematorium\" means any land, place, structure, facility or\\nbuilding provided by any person for a fee, whether or not for profit, to\\nveterinarians or members of the general public for the cremation of\\npets. However, a pet crematorium shall not provide for permanent\\ninterment or inurnment of pet remains. Provided, however, this\\ndefinition shall not apply to facilities designed for resource recovery\\nas defined in section 27-0701 of the environmental conservation law.\\nProvided further, that it shall not include any disposal facility\\nregulated under title fifteen of article twenty-seven of the\\nenvironmental conservation law that is primarily engaged in incineration\\nof medical waste.\\n 7. \"Pet\" means any domestic animal that has been adapted or tamed to\\nlive in intimate association with people but is not limited to, dogs,\\ncats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits.\\n 8. \"Pet owner\" means the person who is listed as the owner of the pet\\nin veterinary records or pet cemetery or crematorium records or his or\\nher agent or employee. In the event that such pet owner is a minor then\\na parent or legal guardian or his or her agent or employee shall be\\ndeemed the pet owner for the purposes of the pet disposal form required\\nin section seven hundred fifty-s of this article.\\n 9. \"Individual burial\" means the interment of a single pet's remains\\nin a separate grave. However, nothing in this section shall prevent the\\ninterment of more than one pet in a grave with the written consent of\\nthe pet owner.\\n 10. \"Mass burial\" means the interment of pet remains communally in a\\ngrave containing more than one pet.\\n 11. \"Individual cremation\" means the cremation of a single pet's\\nremains in a separate receptacle that allows the pet's cremains to\\nremain separate from the cremains of other pets.\\n 12. \"Mass cremation\" means the cremation of pets communally in a\\nreceptacle containing more than one pet.\\n 13. \"Veterinarian\" means a person licensed to practice the profession\\nof veterinary medicine as defined by section sixty-seven hundred one of\\nthe education law.\\n 14. \"Entombment\" means the placement of a pet in a grave or tomb.\\n 15. \"Inurnment\" means the placement of pet cremains in a grave, urn or\\ntomb.\\n 16. \"Land used in agricultural production\" means such lands as defined\\nin subdivision four of section three hundred one of the agriculture and\\nmarkets law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-B", "title" : "License required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-B", "activeDate" : "2014-09-22", "sequenceNo" : 1166, "repealedDate" : null, "fromSection" : "750-B", "toSection" : "750-B", "text" : " § 750-b. License required. On and after July thirty-first, nineteen\\nhundred ninety-three, no person shall engage for a fee in the business\\nof operating a pet cemetery or pet crematorium or hold himself or\\nherself out as being able so to do unless he or she is licensed therefor\\npursuant to this article. Nothing herein shall prohibit a person\\nlicensed in accordance with the provisions of this article from\\nemploying individuals to assist in the operation of a pet cemetery or\\npet crematorium.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-C", "title" : "Powers of the secretary of state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-C", "activeDate" : "2014-09-22", "sequenceNo" : 1167, "repealedDate" : null, "fromSection" : "750-C", "toSection" : "750-C", "text" : " § 750-c. Powers of the secretary of state. The secretary of state\\nshall inspect periodically all licensed pet cemeteries and pet\\ncrematoriums. The cost of such inspection shall not be charged to the\\npet cemeteries or crematoriums. In addition to the powers and duties\\nelsewhere prescribed in this article, the secretary of state shall have\\npower:\\n 1. To appoint an adequate number of assistants, inspectors and other\\nemployees as may be necessary to carry out the provisions of this\\narticle, to prescribe their duties, and to fix their compensation within\\nthe amount appropriated therefor.\\n 2. To investigate applicants for licenses under this article.\\n 3. To keep records of all licenses issued, suspended or revoked.\\n 4. To conduct a physical inspection of all grounds and buildings of\\nany pet cemetery or pet crematorium periodically or upon receiving a\\ncomplaint.\\n 5. To conduct a financial audit of all business records, trust fund\\nrecords and pet disposal forms for any pet cemetery or pet crematorium.\\n 6. To issue a subpoena for persons or records deemed appropriate to an\\ninvestigation or any other action taken pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-D", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-D", "activeDate" : "2014-09-22", "sequenceNo" : 1168, "repealedDate" : null, "fromSection" : "750-D", "toSection" : "750-D", "text" : " § 750-d. Rules and regulations. 1. With respect to pet cemeteries and\\npet crematoriums, the department of state shall have power to adopt such\\nrules and regulations not inconsistent with the provisions of this\\narticle, as may be necessary with respect to the form and content of\\napplications for licenses, the reception thereof, the investigation of\\napplicants and their qualifications, the operation of pet cemeteries and\\npet crematoriums whose licenses to operate such enterprises are\\nsuspended, revoked or not renewed, and the other matters incidental or\\nappropriate to his powers and duties as prescribed by this article and\\nfor the proper administration and enforcement of the provisions of this\\narticle, and to amend or repeal any of such rules and regulations.\\n 2. With respect to pet disposal for a fee, whether by earth burial,\\nentombment, inurnment, cremation, or otherwise, by a veterinarian, pet\\ncemetery or pet crematorium, the department of state shall have the\\npower to adopt such rules and regulations not inconsistent with the\\nprovisions of this article, as may be necessary with respect to the form\\nand content of pet disposal forms, registration of disposals by pet\\ncemeteries or pet crematoriums, and the other matters incidental or\\nappropriate to his powers and duties as prescribed by this article and\\nfor the proper administration and enforcement of the provisions of this\\narticle, and to amend or repeal any of such rules and regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-E", "title" : "License; application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-E", "activeDate" : "2014-09-22", "sequenceNo" : 1169, "repealedDate" : null, "fromSection" : "750-E", "toSection" : "750-E", "text" : " § 750-e. License; application. 1. Any person desiring a license to\\nengage in the business of operating a pet cemetery or pet crematorium\\nunder this article may make application to the secretary of state\\ntherefor. The application shall be subscribed by the applicant and\\naffirmed by him or her as true under the penalties of perjury. Such\\napplication shall be in a form as the secretary of state shall prescribe\\nsetting forth:\\n (a) The name and address of the applicant: if an individual, the name\\nunder which he or she intends to conduct business; if a partnership, the\\nname and business address of each member thereof, and the name under\\nwhich business is to be conducted; if a corporation; the name of the\\ncorporation and the name and business address of each stockholder of the\\ncorporation holding stock interest of more than ten per centum.\\n (b) The place or places, including the complete address or addresses\\nwhere the business is to be conducted.\\n (c) A summary of all relevant experience of all persons listed in\\nparagraph (a) of this subdivision in the operation of a cemetery, pet\\ncemetery, crematorium, pet crematorium and/or the management of funds.\\n (d) Satisfactory evidence of good moral character.\\n (e) Such further information as the secretary of state may prescribe\\nby rule or regulation.\\n 2. The secretary of state shall not issue a license to any person who:\\n (a) has had their license to operate a pet cemetery or pet crematorium\\nsuspended or revoked by the secretary of state; or\\n (b) has been convicted within the last five years of a felony under\\nthe laws of this state involving fraud, bribery, perjury, or theft or\\nhas been convicted under the laws of any other state or of the United\\nStates of a criminal offense which, if committed and prosecuted in this\\nstate, would constitute a similar felony under such laws of this state.\\n 3. Any person who has had an application for a license rejected by the\\nsecretary of state may appeal such determination pursuant to section\\nseven hundred fifty-i of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-F", "title" : "Licenses; display; renewal; duplicates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-F", "activeDate" : "2014-09-22", "sequenceNo" : 1170, "repealedDate" : null, "fromSection" : "750-F", "toSection" : "750-F", "text" : " § 750-f. Licenses; display; renewal; duplicates. 1. All licenses\\nshall be for a period of two years.\\n 2. No license shall be assignable or transferable except as\\nhereinafter provided.\\n 3. A license to conduct the business of operating a pet cemetery or\\npet crematorium issued to an individual may be assigned or transferred\\nfor the remainder of the license period to a partnership or corporation\\nif such individual is a member of such partnership or an officer of such\\ncorporation at the time of such assignment or transfer. A license issued\\nto a partnership may be assigned or transferred for the remainder of the\\nlicense period to any one member of such partnership, provided he\\nobtains the consent of all of the other members of such partnership. A\\nlicense issued to a corporation may be assigned or transferred for the\\nremainder of the license period to any officer of the corporation,\\nprovided he obtains the consent of all of the other officers of such\\ncorporation. The application for such transfer or assignment must be\\naccompanied by the requirements of section seven hundred fifty-e of this\\narticle and by proof satisfactory to the department that the\\nrequirements herein provided have been complied with. No assignment or\\ntransfer shall become effective unless and until the endorsement has\\nbeen made on the face of the license by the department and such license,\\nso endorsed, has been returned to the assignee or transferee. All such\\nendorsements shall be made without payment of any fee. A bona fide\\npurchaser of such business from the holder of the license thereof may\\ncontinue to use the license of the seller from the date of the sale,\\nprovided there is endorsed on the face thereof the name of the\\npurchaser, the date of the sale, and the signature of the seller and the\\npurchaser; and provided further within five days from the date of the\\nsale, an application, in accordance with the provisions of this article,\\nshall be presented by the purchaser to the secretary of state for a\\nlicense to conduct the business of operating a pet cemetery or pet\\ncrematorium. Such license shall be valid until the purchaser's license\\napplication is either granted or denied by the secretary of state.\\n 4. A license to conduct the business of operating a pet cemetery or\\npet crematorium issued to an individual or to a partnership may be used\\nafter the death of the licensed individual or co-partner by his next of\\nkin or duly appointed administrator or executor in the name of the\\nestate from the date of death of such individual or co-partner, provided\\nthat there is endorsed upon the face of the license after the name of\\nthe decedent the word \"deceased\", the date of death and the name of the\\nnext of kin, administrator or executor under whose authority the license\\nis being used, provided that within thirty days from the date of death\\nof the licensee, an application, in accordance with the provisions of\\nthis article, shall be presented by the next of kin, administrator or\\nexecutor to the secretary of state for a license to conduct the business\\nof operating a pet cemetery or pet crematorium. Such license shall be\\nvalid until the next of kin's, administrator's or executor's license\\napplication is either granted or denied by the secretary of state.\\n 5. A license to conduct the business of operating a pet cemetery or\\npet crematorium shall be conspicuously posted upon the premises where\\nthe licensee is engaged in the business of operating a pet cemetery or\\npet crematorium.\\n 6. Any license which has not been suspended or revoked, may, upon the\\npayment of the renewal fee prescribed by this article, be renewed for\\nadditional periods of two years from its expiration, upon the filing of\\nan application for such renewal, on a form to be prescribed by the\\nsecretary of state.\\n 7. Any person failing to file application and fee for renewal of a\\nlicense to conduct the business of operating a pet cemetery or pet\\ncrematorium within forty-five days immediately following the expiration\\nof his or her last license shall pay an additional fee of sixty dollars,\\nand if he or she fails to file application and fee for renewal within\\nninety days he or she shall be ineligible for such license until he or\\nshe shall have again met the requirements set forth in this article.\\n 8. A duplicate license may be issued for one lost, destroyed or\\nmutilated upon application therefor on a form prescribed by the\\nsecretary of state and the payment of the fee prescribed therefor by\\nthis article. Each such duplicate license shall have the word\\n\"duplicate\" stamped across the face thereof and shall bear the same\\nnumber as the one it replaces.\\n 9. Notice in writing shall be given the secretary of state within\\nthirty days at his or her office in Albany by the holder of a license to\\nconduct the business of operating a pet cemetery or pet crematorium of\\nany change in address of the business or residence of the person engaged\\nin the business of operating a pet cemetery or pet crematorium together\\nwith the return of license, whereupon a properly signed endorsement will\\nbe made on the face of the license as to such change and the license\\nthen returned to the licensee. A change of address by a licensee without\\nsuch notice and endorsement of license shall operate to cancel the\\nlicense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-G", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-G", "activeDate" : "2014-09-22", "sequenceNo" : 1171, "repealedDate" : null, "fromSection" : "750-G", "toSection" : "750-G", "text" : " § 750-g. Fees. 1. The fee for a license to engage in the business of\\noperating a pet cemetery or pet crematorium shall be one hundred fifty\\ndollars. For each renewal thereof, the fee shall be one hundred fifty\\ndollars.\\n 2. The fee for issuing a duplicate license in substitution for one\\nlost, destroyed or mutilated shall be twenty-five dollars.\\n 3. The fee for changing a name or address shall be ten dollars.\\n 4. The fees hereinabove set forth shall be those for licenses issued\\nfor the license period of two years or fraction of such period.\\n 5. No fees listed in subdivisions one, two, three or four of this\\nsection shall be charged to any municipality seeking a license to\\noperate a pet cemetery or pet crematorium.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-H", "title" : "Denial of license application and suspension and revocation of licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-H", "activeDate" : "2014-09-22", "sequenceNo" : 1172, "repealedDate" : null, "fromSection" : "750-H", "toSection" : "750-H", "text" : " § 750-h. Denial of license application and suspension and revocation\\nof licenses. 1. An application for a license under this article may be\\ndenied or a license to engage in the business of operating a pet\\ncemetery or pet crematorium may be suspended or revoked, by the\\nsecretary of state, for any one or more of the following causes:\\n (a) Fraud or bribery in securing a license;\\n (b) The making of any false statement as to a material matter in any\\napplication or other statement or certificate required by or pursuant to\\nthis article;\\n (c) Incompetency in the operation of a pet cemetery or pet\\ncrematorium;\\n (d) Failure to display the license as provided in this article;\\n (e) Violation of any provision of this article, or of any rule or\\nregulation adopted hereunder;\\n (f) Conviction of a crime involving fraud, theft, perjury or bribery\\nor other cause which would permit disqualifications from receiving a\\nlicense upon the original application;\\n (g) Failure to retain all pet disposal forms for a period of two years\\nfollowing receipt;\\n (h) Failure to comply with the duties of a pet cemetery owner or\\noperator as set forth in section seven hundred fifty-v of this article;\\nand\\n (i) Conviction of a violation of article twenty-six of the agriculture\\nand markets law involving cruelty to animals.\\n 2. Whenever the license to engage in the business of operating a pet\\ncemetery or pet crematorium is revoked, such license shall not be\\nreinstated or reissued until after the expiration of a period of five\\nyears from the date of such revocation and the secretary of state\\napproves the license application pursuant to section seven hundred\\nfifty-e of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-I", "title" : "Hearing on charges; decision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-I", "activeDate" : "2014-09-22", "sequenceNo" : 1173, "repealedDate" : null, "fromSection" : "750-I", "toSection" : "750-I", "text" : " § 750-i. Hearing on charges; decision. 1. No license shall be\\nsuspended or revoked nor shall any fine or reprimand be imposed until\\nafter a hearing had before an officer or employee of the department of\\nstate designated for such purpose by the secretary of state, upon notice\\nto the licensee of at least ten days. The notice shall be served either\\npersonally or by certified mail and shall state the date and place of\\nhearing and set forth the ground or grounds constituting the charges\\nagainst the licensee. The licensee shall have the opportunity to be\\nheard in his defense either in person or by counsel and may produce\\nwitnesses and testify in his behalf. A stenographic record of the\\nhearing shall be taken and preserved. Within ten days after a hearing a\\nlicensee shall receive a stenographic record of the hearing upon payment\\nof fifty percent of the cost of preparation of such record. The hearing\\nmay be adjourned upon a showing of good cause at least five days before\\nthe hearing, in writing, to a hearing officer. The person conducting the\\nhearing shall make a written report of his findings and a recommendation\\nto the secretary of state for decision. The secretary of state shall\\nreview such findings and the recommendation and, after due deliberation,\\nshall issue an order accepting, modifying or rejecting such\\nrecommendation and dismissing the charges or suspending or revoking the\\nlicense or in lieu thereof imposing a fine or reprimand upon the\\nlicensee.\\n 2. Any person who has had their application for a license rejected\\nshall be entitled to a hearing before an officer or employee of the\\ndepartment of state designated for such purpose by the secretary of\\nstate, upon notice to such person of at least ten days. Notice shall be\\nserved either personally or by certified mail and shall state the date\\nand place of hearing and set forth the ground or grounds constituting\\nthe rejection of such application for license. The applicant shall have\\nthe opportunity to be heard in his or her defense either in person or by\\ncounsel and may produce witnesses and testify on his or her own behalf.\\nA stenographic record of the hearing shall be taken and preserved.\\nWithin ten days after a hearing an applicant shall receive a\\nstenographic record of the hearing upon payment of fifty percent of the\\ncost of the preparation of such record. The hearing may be adjourned\\nupon a showing of good cause at least five days before the hearing, in\\nwriting, to a hearing officer. The person conducting the hearing shall\\nmake a written report of his or her findings and a recommendation to the\\nsecretary of state for decision. The secretary of state shall review\\nsuch findings and the recommendation and, after due deliberation, shall\\nissue an order accepting, modifying or rejecting such recommendation and\\neither grant a license or reject the license application.\\n 3. For the purpose of this article, the secretary of state or any\\nofficer or employee of the department of state designated by him or her,\\nmay administer oaths, take testimony, subpoena witnesses and compel the\\nproduction of books, papers, records and documents deemed pertinent to\\nthe subject of investigation.\\n 4. Strict rules of evidence do not apply to hearings held pursuant to\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-J", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-J", "activeDate" : "2014-09-22", "sequenceNo" : 1174, "repealedDate" : null, "fromSection" : "750-J", "toSection" : "750-J", "text" : " § 750-j. Judicial review. The action of the secretary of state in\\nsuspending, revoking or refusing to issue or renew a license, or\\nimposing a fine or reprimand on the holder thereof may be reviewed by a\\nproceeding brought under and pursuant to article seventy-eight of the\\ncivil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-K", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-K", "activeDate" : "2014-09-22", "sequenceNo" : 1175, "repealedDate" : null, "fromSection" : "750-K", "toSection" : "750-K", "text" : " § 750-k. Violations and penalties. Any person not licensed pursuant to\\nthis article who shall directly or indirectly engage in the business of\\noperating a pet cemetery or pet crematorium or hold himself or herself\\nout to the public as being able so to do, or who shall violate any of\\nthe provisions of this article, or having had his license suspended or\\nrevoked, shall continue to engage in the business of operating a pet\\ncemetery or pet crematorium or who, without a license to engage in the\\nbusiness of operating a pet cemetery or pet crematorium, directly or\\nindirectly employs, permits or authorizes an unlicensed person to engage\\nin the business of operating a pet cemetery or pet crematorium, shall\\nfor the first offense be guilty of a violation and, upon conviction\\nthereof, shall be punished by a fine of not more than five hundred\\ndollars or by imprisonment for a term of not more than fifteen days, or\\nby both such fine and imprisonment. If the conviction is for an offense\\ncommitted after the first conviction of such person under this article,\\nsuch person shall be guilty of a misdemeanor and, upon conviction\\nthereof, shall be punished by a fine of not more than two thousand five\\nhundred dollars or by imprisonment for a term of not more than one year,\\nor by both such fine and imprisonment. Each violation of this article\\nshall be deemed a separate offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-L", "title" : "Official acts used as evidence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-L", "activeDate" : "2014-09-22", "sequenceNo" : 1176, "repealedDate" : null, "fromSection" : "750-L", "toSection" : "750-L", "text" : " § 750-l. Official acts used as evidence. The official acts of the\\nsecretary of state, department of state and department of environmental\\nconservation shall be prima facie evidence of the facts therein and\\nshall be entitled to be received in evidence in all actions at law and\\nother legal proceedings in any court or before any board, body or\\nofficer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-M", "title" : "Dedication of moneys derived from operation of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-M", "activeDate" : "2014-09-22", "sequenceNo" : 1177, "repealedDate" : null, "fromSection" : "750-M", "toSection" : "750-M", "text" : " § 750-m. Dedication of moneys derived from operation of article. All\\nmoneys derived from the operation of this article shall on or before the\\ntenth day of each month be paid into the pet cemetery and pet\\ncrematorium inspection and licensing fund established by section\\nninety-seven-nn of the state finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-N", "title" : "Dedication of real property for pet cemetery purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-N", "activeDate" : "2014-09-22", "sequenceNo" : 1178, "repealedDate" : null, "fromSection" : "750-N", "toSection" : "750-N", "text" : " § 750-n. Dedication of real property for pet cemetery purposes. 1. The\\nowner of any real property used or to be used for a pet cemetery shall\\nfile, or cause to be filed, in the office of the clerk or recorder of\\nthe county in which the real property is located, a dedication\\nrestricting the real property to be used only for such purposes as are\\nusual and customary for the operation of a pet cemetery. Such person\\nshall additionally file a certified copy of such dedication, together\\nwith notation of the date, time, book and page of filing by the clerk or\\nrecorder of said county, with the secretary of state. Such filing with\\nthe secretary of state shall additionally include a copy of a survey map\\nand appropriate zoning approvals as may be reasonably required by the\\nsecretary of state.\\n 2. The owner or operator of every pet cemetery shall keep adequate\\nrecords of all purchasers of space for pet remains within the grounds of\\nsuch pet cemetery.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-O", "title" : "Removal of dedication", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-O", "activeDate" : "2014-09-22", "sequenceNo" : 1179, "repealedDate" : null, "fromSection" : "750-O", "toSection" : "750-O", "text" : " § 750-o. Removal of dedication. Upon the filing of a dedication\\nrestricting real property for the operation of a pet cemetery, such\\ndedication may only be amended or removed by order of the supreme court\\nof the county where the pet cemetery is located. Such petition for\\namendment or removal of dedication shall include written consent by all\\npersons who purchased or otherwise are entitled to rights of disposal or\\nrights to continuing care of a pet grave in that portion of the pet\\ncemetery for which the dedication is sought to be amended or removed.\\nIf the portion of the pet cemetery for which the dedication is sought to\\nbe amended or removed includes pet remains, such pet remains must be\\nremoved, upon the written consent of all persons who purchased or are\\notherwise entitled to rights of disposal or rights to continuing care of\\na pet grave, their heirs or assigns, with the removal to be entirely at\\nthe cost of the owner of the pet cemetery. The court, upon proof of\\ndiligent efforts and as determined by the court, may dispense with the\\nwritten consent of any person who purchased or is otherwise entitled to\\nrights of disposal whose whereabouts, identity or heirs or assigns are\\nunknown. In the event that the court has dispensed with any person's\\nwritten consent under this section, the court may make a determination\\nas to the consideration appropriate for such consent and order that such\\nmonies be deposited with the court, which shall then be paid to such\\nperson upon appropriate proof of claim. If the premises are a pet\\ncemetery, such petition may additionally include an environmental audit\\nif required by the court, which audit shall identify any environmental\\nproblems caused by the pet cemetery activity, including an\\nidentification of pet disposal sites. If the environmental audit\\nidentifies any environmental problem, it shall additionally include a\\nplan for the correction or remediation of such problems, including\\nfinancial, human and other resources estimates, projected time schedules\\nfor the completion of the corrective and remedial actions, with the\\ncourt to make any order on the petition conditional upon the completion\\nof such corrective and remedial action or upon the deposit with the\\ncourt with such money as determined necessary for such remediation or\\ncorrection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-P", "title" : "Area requirements for pet cemeteries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-P", "activeDate" : "2014-09-22", "sequenceNo" : 1180, "repealedDate" : null, "fromSection" : "750-P", "toSection" : "750-P", "text" : " § 750-p. Area requirements for pet cemeteries. A pet cemetery which\\ncommences operations on or after the effective date of this article and\\nwhich provides for the permanent interment of pets shall consist of not\\nless than five contiguous acres of real property in total area,\\ninclusive of any structures, facilities, or buildings situated thereon\\nand used for the business purposes of the pet cemetery. The secretary of\\nstate may grant a waiver of the minimum size limit based on factors\\nincluding the number of above-ground entombments, the number of remains\\nburied and the nature of the surrounding community. Nothing contained in\\nthis section shall restrict any town, village or city from enacting any\\nlocal law which provides for an area requirement greater than as set\\nforth herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-Q", "title" : "Maintenance fees for pet cemeteries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-Q", "activeDate" : "2014-09-22", "sequenceNo" : 1181, "repealedDate" : null, "fromSection" : "750-Q", "toSection" : "750-Q", "text" : " § 750-q. Maintenance fees for pet cemeteries. 1. A pet cemetery owner\\nmay charge a permanent maintenance endowment fee for the care of the pet\\ncemetery, which if charged, shall be placed by the pet cemetery owner\\ninto a permanent maintenance endowment care or similar trust fund.\\n 2. In lieu of a permanent maintenance endowment fee, the operator of a\\npet cemetery and a pet owner may enter into a contract for care of the\\npet cemetery on an annual basis. The pet owner then shall be charged an\\nannual maintenance fee which shall be paid in the manner described\\nbelow. However, only one contract for annual maintenance shall be\\nentered into per gravesite and shall state specifically the amount of\\nthe annual maintenance fee to be paid each year. The contract shall also\\nstate that failure to pay these annual fees can result in the\\ndisinterment of the pet.\\n (a) The annual maintenance fee, billed each calendar year shall be\\nplaced by the pet cemetery owner in the general account of the pet\\ncemetery to be used for pet cemetery operation and maintenance during\\nthe succeeding years. For the purposes of this section and section seven\\nhundred fifty-r of this article, the term pet cemetery operation and\\nmaintenance shall mean all costs incurred to operate and maintain a pet\\ncemetery including salaries and bonuses for employees, officers and\\ndirectors, but shall not include any fines or penalties imposed by the\\nsecretary of state or other agency or court.\\n (b) If the annual maintenance fee is not paid within ninety days of\\nthe date of which it is due, the pet cemetery owner shall notify the pet\\nowner in writing that such fee is due and payable. If such annual\\nmaintenance fee is not paid within ninety days of such writing, the\\ndisposal rights or rights to continuing care of a pet grave of the pet\\nowner shall terminate.\\n (c) If the annual maintenance fee is not paid within one hundred\\neighty days of the date of which it is due, the disposal rights of a pet\\nowner shall then terminate and the pet cemetery owner may at anytime\\nthereafter remove such pet and if removed dispose of remains by mass\\ncremation or mass burial.\\n (d) Nothing in this section shall prevent a pet owner from prepaying\\nannual maintenance fees for any number of years in advance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-R", "title" : "Endowment care or similar trust funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-R", "activeDate" : "2014-09-22", "sequenceNo" : 1182, "repealedDate" : null, "fromSection" : "750-R", "toSection" : "750-R", "text" : " § 750-r. Endowment care or similar trust funds. 1. A pet cemetery\\nwhich commenced operations prior to the effective date of this article\\nshall establish an endowment care or similar trust fund, the balance of\\nwhich shall not be less then twelve thousand dollars, by January first,\\nnineteen hundred ninety-five. The secretary of state may grant a waiver\\nto the provisions of this subdivision if an endowment care or similar\\ntrust fund is established and twelve thousand dollars is placed in such\\nfund within a reasonable amount of time not to exceed ten years from the\\neffective date of this article and the provisions of this section will\\npresent a significant financial hardship to the pet cemetery owner or\\noperator.\\n 2. A pet cemetery which commences operations on or after the effective\\ndate of this article, shall, prior to the acceptance of any moneys as\\nannual maintenance fees, establish an endowment care or similar trust\\nfund for the permanent operation and maintenance of the pet cemetery, in\\nan amount of not less than twelve thousand dollars.\\n 3. The fiduciary holding such endowment care or similar trust fund\\nshall have such power to invest such fund as set forth in section 11-2.2\\nof the estates, powers and trusts law. The interest earnings of such\\ntrust fund shall be used exclusively for the operation and maintenance\\nof such pet cemetery. Any distribution of principal of such option and\\ntrust fund shall only be upon order of the supreme court of the county\\nwhere the pet cemetery is located, for good cause and exclusively for\\nthe operation and benefit of such pet cemetery. Unless such distribution\\nof principal shall be as part of a removal of dedication for such pet\\ncemetery, such order shall additionally make adequate provision for the\\npermanent maintenance of the pet cemetery.\\n 4. A pet cemetery, owned and operated by a not-for-profit corporation\\nthat has in excess of one million dollars in its endowment care or\\nsimilar trust fund, may use any surplus income in such trust fund above\\nand beyond its costs for pet cemetery operation and maintenance in any\\nmanner allowed by the not-for-profit corporation's charter or by-laws,\\nprovided that the use of such surplus does not endanger the integrity of\\nsuch trust fund.\\n 5. A pet cemetery, owned and operated by a not-for-profit corporation\\nthat is a humane society may be granted a waiver of the provisions of\\nthis section by the secretary of state if the secretary determines that\\nthe interests of the pet owners will be adequately protected and the\\nprovisions of this section present a significant financial hardship to\\nthe pet cemetery owner.\\n 6. Such trust funds are not invalid by reason of any indefiniteness or\\nuncertainty of the persons designated as beneficiaries, nor shall they\\nbe invalid as violating any existing rule against perpetuities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-S", "title" : "Pet disposal forms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-S", "activeDate" : "2014-09-22", "sequenceNo" : 1183, "repealedDate" : null, "fromSection" : "750-S", "toSection" : "750-S", "text" : " § 750-s. Pet disposal forms. 1. Each person who gives to a\\nveterinarian or a pet cemetery owner or pet crematorium owner a pet for\\ndisposal shall be provided by such veterinarian or pet cemetery owner or\\npet crematorium owner with a pet disposal disclosure document, in form\\napproved by the secretary of state, which shall set forth the\\nalternative methods of pet disposal, the cost of each such method of pet\\ndisposal, if available, and the nature of or place in which each method\\nof disposal will be carried out. The veterinarian or the pet cemetery\\nowner or the pet crematorium owner, as the case may be, shall give to\\nthe person who completes the form a copy of the form and retain a copy\\nof said form. If the person completing the form chooses to have the pet\\ndisposed of by a pet cemetery or pet crematorium and makes the\\narrangements therefor through a veterinarian, the veterinarian shall\\nprovide the person with the name, location and telephone number of the\\npet cemetery or pet crematorium so that the person may obtain\\ninformation about the pet cemetery or pet crematorium. The veterinarian\\nshall also ensure that a copy of the pet disposal form accompanies the\\npet when it is removed from the veterinarian's office.\\n 2. A veterinarian or pet cemetery operator may complete a pet disposal\\nform with the oral consent of the pet owner. Such oral consent shall be\\nwitnessed and a record of such consent and the completed pet disposal\\nform shall be retained in the veterinarian's records. A copy of such\\ncompleted pet disposal form shall be sent to the pet owner if requested.\\n 3. If a pet owner is unwilling or unable to complete a pet disposal\\nform then a veterinarian may complete the pet disposal form if two\\nattempts are made to contact the pet owner. However, at least one\\nattempt shall be made in writing and sent by first class mail. If the\\nveterinarian does complete the pet disposal form without the consent of\\nthe pet owner then a copy of the completed pet disposal form shall be\\nretained by the veterinarian along with the records of the attempts to\\ncontact the pet owner.\\n 4. No pet disposal form shall be required if:\\n (a) no pet owner can be identified;\\n (b) the pet remains originate with a municipality;\\n (c) the pet is abandoned pursuant to article twenty-five-B of the\\nagriculture and markets law; or\\n (d) the pet is to be disposed of without charge to the pet owner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-T", "title" : "Disposal in compliance with forms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-T", "activeDate" : "2014-09-22", "sequenceNo" : 1184, "repealedDate" : null, "fromSection" : "750-T", "toSection" : "750-T", "text" : " § 750-t. Disposal in compliance with forms. A pet cemetery owner shall\\ndispose of a pet in compliance with a pet disposal form completed by a\\npet owner or veterinarian. If such pet is disposed of, either by\\nindividual cremation or individual burial, the pet cemetery owner shall\\nwithin ten days of such disposal send or give a written confirmation of\\nsuch disposal to the pet owner or veterinarian, depending on\\ninstructions in pet disposal form, and, shall attest to the method,\\ndate, and place of disposal. If a pet is disposed of either through mass\\ncremation or mass burial, no written confirmation shall be required.\\nCopies of all forms shall be retained for a period of two years after\\nreceipt. All pet remains shall be buried at least twelve inches below\\nthe surface of the ground or in accordance with section three hundred\\nseventy-seven of the agriculture and markets law in the case of a large\\ndomestic animal or otherwise disposed of in a sanitary manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-U", "title" : "Veterinary and agricultural production exclusions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-08-01" ], "docLevelId" : "750-U", "activeDate" : "2014-09-22", "sequenceNo" : 1185, "repealedDate" : null, "fromSection" : "750-U", "toSection" : "750-U", "text" : " § 750-u. Veterinary and agricultural production exclusions. Any pet\\ncemetery which:\\n 1. (a) is owned by a licensed veterinarian; or\\n (b) is located on land used in agricultural production;\\n 2. does not allow individual burials;\\n 3. does not allow individual grave markers;\\n 4. does not charge a maintenance fee for the care of pet graves; and\\n 5. does not make any representation that pet graves will be cared for\\nor that the land is dedicated;\\n shall be exempt from the trust fund provisions provided by section\\nseven hundred fifty-r of this article, the dedication provisions\\nprovided by section seven hundred fifty-n of this article and the area\\nrequirement provided by section seven hundred fifty-p of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-UU", "title" : "Small pet cemetery exclusion", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-UU", "activeDate" : "2014-09-22", "sequenceNo" : 1186, "repealedDate" : null, "fromSection" : "750-UU", "toSection" : "750-UU", "text" : " § 750-uu. Small pet cemetery exclusion. Any pet cemetery which buries\\nless than five animals a year, makes no representation that the pet\\ngraves will be cared for or that the land is dedicated, and does not\\ncharge a maintenance fee for the care of the pet graves shall be exempt\\nfrom the provisions of sections seven hundred fifty-n, seven hundred\\nfifty-p and seven hundred fifty-r of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-V", "title" : "Duties of pet cemetery owners and operators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-V", "activeDate" : "2014-09-22", "sequenceNo" : 1187, "repealedDate" : null, "fromSection" : "750-V", "toSection" : "750-V", "text" : " § 750-v. Duties of pet cemetery owners and operators. All pet cemetery\\nowners and operators shall have the following duties:\\n 1. To keep permanently maps and records containing the specific site\\nof each pet grave, the grave owner's last known address, the date of\\nburial, the size of such grave, the contract for sale of such grave and\\npet disposal forms provided however that the provisions of this\\nsubdivision shall apply only to individual burials.\\n 2. To keep complete records of the names of trustees of any trust\\naccounts and complete records of all trust fund money.\\n 3. To clearly inform customers of the option of paying maintenance\\nfees for care of pet graves, including costs and benefits for permanent\\ncare for pet graves and annual care for pet graves.\\n 4. To cooperate with all reasonable requests of inspectors appointed\\nby the secretary of state to inspect pet cemeteries and pet\\ncrematoriums.\\n 5. To provide notice to customers about hours that the cemetery will\\nopen to customers to view pet graves.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "750-W", "title" : "Separability clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "750-W", "activeDate" : "2014-09-22", "sequenceNo" : 1188, "repealedDate" : null, "fromSection" : "750-W", "toSection" : "750-W", "text" : " § 750-w. Separability clause. If any part or provision of this article\\nor the application thereof to any person or circumstance be adjudged\\ninvalid by any court of competent jurisdiction, such judgment shall be\\nconfined in its operation to the part, provision or application directly\\ninvolved in the controversy in which such judgment shall have been\\nrendered and shall not affect or impair the validity of the remainder of\\nthis article or the application thereof to other persons or\\ncircumstances and the legislature hereby declares that it would have\\nenacted this article or the remainder thereof had the invalidity of such\\nprovision or application thereof been apparent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35-D", "title" : "Sale of Dogs and Cats", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-09-28", "2022-12-23" ], "docLevelId" : "35-D", "activeDate" : "2018-09-28", "sequenceNo" : 1189, "repealedDate" : null, "fromSection" : "751", "toSection" : "755", "text" : " ARTICLE 35-D\\n SALE OF DOGS AND CATS\\nSection 751. Legislative intent.\\n 752. Definitions.\\n 753. Sale of animal.\\n 753-a. Veterinarian examination.\\n 753-b. Information statement for purchaser.\\n 753-c. Animal pedigree registration.\\n 753-d. Construction with other laws.\\n 753-e. Prohibited contracts.\\n 754. Notice.\\n 755. Penalties and enforcement.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "751", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "751", "activeDate" : "2014-09-22", "sequenceNo" : 1190, "repealedDate" : null, "fromSection" : "751", "toSection" : "751", "text" : " § 751. Legislative intent. It is hereby determined and declared that\\nsupervision by the state of the sale of dogs or cats by pet dealers is\\nwithin the public interest and for the purpose of safeguarding the\\npublic and insuring the humane treatment of such animals by guaranteeing\\nthe good health of such dogs or cats in the course of such transactions,\\nor providing other alternatives to the consumer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "752", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-18", "2017-11-17", "2022-12-23", "2023-03-10", "2023-06-09", "2023-06-23", "2024-12-20", "2025-12-19" ], "docLevelId" : "752", "activeDate" : "2017-11-17", "sequenceNo" : 1191, "repealedDate" : null, "fromSection" : "752", "toSection" : "752", "text" : " § 752. Definitions. As used in this article:\\n 1. \"Animal\" means a dog or a cat.\\n 2. \"Consumer\" means any individual purchasing an animal from a pet\\ndealer. A pet dealer shall not be considered a consumer.\\n 3. For purposes of section seven hundred fifty-three of this article,\\na \"pet dealer\" shall mean any person who, in the ordinary course of\\nbusiness, engages in the sale or offering for sale of more than nine\\nanimals per year for profit to the public. Such definition shall include\\nbreeders of animals who sell or offer for sale animals directly to a\\nconsumer but it shall not include any municipal pound or shelter\\nestablished and maintained pursuant to subdivision one of section one\\nhundred fourteen of the agriculture and markets law, or any duly\\nincorporated society for the prevention of cruelty to animals, duly\\nincorporated humane society, duly incorporated animal protective\\nassociation or other duly incorporated animal adoption or animal rescue\\norganization that is tax exempt pursuant to paragraph (3) of subsection\\n(c) of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501,\\nor any subsequent corresponding sections of the federal Internal Revenue\\nCode, as from time to time amended, that is registered with the\\ndepartment pursuant to section four hundred eight of the agriculture and\\nmarkets law. For purposes of sections seven hundred fifty-three-a, seven\\nhundred fifty-three-b, seven hundred fifty-three-c and seven hundred\\nfifty-three-d of this article, \"pet dealer\" shall mean any person who\\nengages in the sale or offering for sale of more than nine animals per\\nyear for profit to the public. Such definition shall include breeders\\nwho sell animals; but it shall not include the following:\\n (a) Any breeder who sells or offers to sell directly to the consumer\\nfewer than twenty-five animals per year that are born and raised on the\\nbreeders residential premises.\\n (b) Any municipal pound or shelter established and maintained pursuant\\nto subdivision one of section one hundred fourteen of the agriculture\\nand markets law.\\n (c) Any duly incorporated society for the prevention of cruelty to\\nanimals, duly incorporated humane society, duly incorporated animal\\nprotective association or other duly incorporated animal adoption or\\nanimal rescue organization that is exempt from taxes pursuant to\\nparagraph (3) of subsection (c) of section 501 of the federal Internal\\nRevenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of\\nthe federal Internal Revenue Code, as from time to time amended, that is\\nregistered with the department pursuant to section four hundred eight of\\nthe agriculture and markets law.\\n 4. \"Commissioner\" shall mean the commissioner of agriculture and\\nmarkets.\\n 5. \"Person\" means any individual, corporation, partnership,\\nassociation, municipality, or other legal entity.\\n 6. \"Nonelective surgical procedure\" means a surgical procedure that is\\nnecessary to preserve or restore the health of an animal, to prevent an\\nanimal from experiencing pain or discomfort, or to correct a condition\\nthat would interfere with an animal's ability to walk, run, jump, or\\notherwise function in a normal manner.\\n 7. \"Clinically ill\" means an illness that is apparent to a\\nveterinarian based on observation, examination, or testing of an animal\\nor upon review of the medical records relating to the animal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "753", "title" : "Sale of animal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "753", "activeDate" : "2014-09-22", "sequenceNo" : 1192, "repealedDate" : null, "fromSection" : "753", "toSection" : "753", "text" : " § 753. Sale of animal. 1. If, within fourteen business days following\\nthe sale of an animal subject to this article or receipt of the written\\nnotice required by section seven hundred fifty-four of this article,\\nwhichever occurred last, a veterinarian of the consumer's choosing,\\nlicensed by a state certifies such animal to be unfit for purchase due\\nto illness or the presence of symptoms of a contagious or infectious\\ndisease, or if, within one hundred eighty calendar days following such\\nsale or receipt, whichever occurred last, a licensed veterinarian\\ncertifies such animal to be unfit for purchase due to a congenital\\nmalformation which adversely affects the health of the animal, the pet\\ndealer shall afford the consumer the right to choose one of the\\nfollowing options:\\n (a) The right to return the animal and receive a refund of the\\npurchase price including sales tax and reasonable veterinary costs\\ndirectly related to the veterinarian's certification that the animal is\\nunfit for purchase pursuant to this section;\\n (b) The right to return the animal and to receive an exchange animal\\nof the consumer's choice of equivalent value and reasonable veterinary\\ncosts directly related to the veterinarian's certification that the\\nanimal is unfit for purchase pursuant to this section; or\\n (c) The right to retain the animal and to receive reimbursement from a\\npet dealer for veterinary services from a licensed veterinarian of the\\nconsumer's choosing, for the purpose of curing or attempting to cure the\\nanimal. The reasonable value of reimbursable services rendered to cure\\nor attempting to cure the animal shall not exceed the purchase price of\\nthe animal. The value of such services is reasonable if comparable to\\nthe value of similar services rendered by other licensed veterinarians\\nin proximity to the treating veterinarian. Such reimbursement shall not\\ninclude the costs of initial veterinary examination fees and diagnostic\\nfees not directly related to the veterinarian's certification that the\\nanimal is unfit for purchase pursuant to this section.\\n The commissioner by regulations shall prescribe a form for, and the\\ncontent of, the certification that an animal is unfit for purchase,\\nwhich shall be provided by an examining veterinarian to a consumer upon\\nthe examination of an animal which is subject to the provisions of this\\nsection. Such form shall include, but not be limited to, information\\nwhich identifies the type of animal, the owner, the date and diagnosis\\nof the animal, the treatment recommended if any, and an estimate or the\\nactual cost of such treatment. Such form shall also include the notice\\nprescribed in section seven hundred fifty-four of this article.\\n The commissioner by regulations shall prescribe information which\\nshall be provided in writing by the pet dealer to the consumer upon the\\nsale of the animal. Such information shall include, but not be limited\\nto, a description, including breed of the animal, the date of purchase,\\nthe name, address and telephone number of the consumer, and the amount\\nof the purchase. The pet dealer shall certify such information by\\nsigning the document in which it is contained.\\n 2. The refund and/or reimbursement required by subdivision one of this\\nsection shall be made by the pet dealer not later than ten business days\\nfollowing receipt of a signed veterinary certification as herein\\nrequired. Such certification shall be presented to the pet dealer not\\nlater than three business days following receipt thereof by the\\nconsumer.\\n 2-a. Every pet dealer who sells an animal required to be vaccinated\\nagainst rabies, pursuant to section twenty-one hundred forty-one of the\\npublic health law, to a consumer shall provide the consumer at point of\\nsale with a written notice, provided by the department of health,\\nsummarizing rabies immunization requirements.\\n 3. A veterinary finding of intestinal parasites shall not be grounds\\nfor declaring the animal unfit for sale unless the animal is clinically\\nill due to such condition. An animal may not be found unfit for sale on\\naccount of an injury sustained or illness contracted subsequent to the\\nconsumer taking possession thereof.\\n 4. In the event that a pet dealer wishes to contest a demand for\\nrefund, exchange or reimbursement made by a consumer pursuant to this\\nsection, such dealer shall have the right to require the consumer to\\nproduce the animal for examination by a licensed veterinarian designated\\nby such dealer. Upon such examination, if the consumer and the dealer\\nare unable to reach an agreement which constitutes one of the options\\nset forth in subdivision one of this section within ten business days\\nfollowing receipt of the animal for such examination, the consumer may\\ninitiate an action in a court of competent jurisdiction to recover or\\nobtain such refund, exchange and/or reimbursement.\\n 5. Nothing in this section shall in any way limit the rights or\\nremedies which are otherwise available to a consumer under any other\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "753-A", "title" : "Veterinarian examination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26" ], "docLevelId" : "753-A", "activeDate" : "2014-12-26", "sequenceNo" : 1193, "repealedDate" : null, "fromSection" : "753-A", "toSection" : "753-A", "text" : " § 753-a. Veterinarian examination. 1. Within five business days of\\nreceipt, but prior to the sale of any dog or cat, the pet dealer shall\\nhave a duly licensed veterinarian conduct an examination and tests\\nappropriate to the breed and age to determine if the animal has any\\nmedical conditions apparent at the time of the examination that\\nadversely affect the health of the animal. For animals eighteen months\\nof age or older, such examination shall include a diagnosis of any\\ncongenital conditions that adversely affect the health of the animal.\\nAny animal diagnosed with a contagious disease shall be treated and\\ncaged separately from healthy animals in accordance with section four\\nhundred one of the agriculture and markets law.\\n 2. All animals shall be vaccinated as required by state or local law.\\nVeterinary care appropriate to the species shall be provided without\\nundue delay when necessary. Each animal shall be observed each day by\\nthe pet dealer or by a person working under the pet dealer's\\nsupervision.\\n 3. No pet dealer shall knowingly sell any animal that has a diagnosed\\ncongenital condition or contagious disease that adversely affects the\\nhealth of the animal without first informing the consumer, in writing,\\nof such condition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "753-B", "title" : "Information statement for purchaser", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "753-B", "activeDate" : "2014-09-22", "sequenceNo" : 1194, "repealedDate" : null, "fromSection" : "753-B", "toSection" : "753-B", "text" : " § 753-b. Information statement for purchaser. Every pet dealer shall\\ndeliver to the purchaser of an animal, at the time of sale, a written\\nstatement in a standardized form prescribed by the commissioner of\\nagriculture and markets containing the following information:\\n 1. For cats:\\n (a) The breeder's and, if applicable, broker's name and address, if\\nknown, or, if not known, the source of the cat. If the person from whom\\nthe cat was obtained is a dealer licensed by the United States\\ndepartment of agriculture, the person's name, address, and federal\\nidentification number;\\n (b) The date of the cat's birth, unless unknown because of the source\\nof the cat, the date the pet dealer received the cat, and the location\\nwhere the cat was received;\\n (c) A record of immunizations and worming treatments administered, if\\nany, to the cat as of the time of sale while the cat was in the\\npossession of the pet dealer, including the dates of administration and\\nthe type of vaccines or worming treatments administered;\\n (d) A record of any known disease, sickness, or congenital condition\\nthat adversely affects the health of the cat at the time of sale;\\n (e) A record of any veterinary treatment or medication received by the\\ncat while in the possession of the pet dealer and either of the\\nfollowing:\\n (i) A statement, signed by the pet dealer at the time of sale,\\nindicating all of the following: (1) The cat has no known disease or\\nillness; (2) The cat has no known congenital or hereditary condition\\nthat adversely affects the health of the cat at the time of sale; or\\n (ii) A record of any known congenital or hereditary condition,\\ndisease, or illness that adversely affects the health of the cat at the\\ntime of sale, along with a statement signed by a licensed veterinarian\\nthat authorizes the sale of the cat, recommends necessary treatment, if\\nany, and verifies that the condition, disease or illness does not\\nrequire hospitalization or non-elective surgical procedures, and is not\\nlikely to require hospitalization or non-elective surgical procedures in\\nthe future. A veterinarian statement is not required for intestinal or\\nexternal parasites unless their presence makes the cat clinically ill or\\nis likely to make the cat clinically ill. The statement shall be valid\\nfor fourteen business days following examination of the cat by the\\nveterinarian.\\n 2. For dogs:\\n (a) The breeder's and, if applicable, broker's name and address, if\\nknown, or if not known, the source of the dog. If the person from whom\\nthe dog was obtained is a dealer licensed by the United States\\ndepartment of agriculture, the person's name, address, and federal\\nidentification number;\\n (b) The date of the dog's birth and the date and location the pet\\ndealer received the dog. If the dog is not advertised or sold as a\\npurebred, registered or registrable, the date of birth may be\\napproximated if not known by the seller;\\n (c) The breed, sex, color and identifying marks at the time of sale.\\nIf the dog is from a United States department of agriculture licensed\\nsource, the individual identifying tag, tattoo, or collar number for\\nthat animal. If the breed is unknown or mixed, the record shall so\\nindicate. If the dog is being sold as being capable of registration, the\\nnames and registration numbers of the sire and dam, and the litter\\nnumber, if known;\\n (d) A record of inoculations and worming treatments administered, if\\nany, to the dog as of the time of sale while the dog was in the\\npossession of the pet dealer, including dates of administration and the\\ntype of vaccines and/or worming treatments administered;\\n (e) A record of any veterinary treatment or medication received by the\\ndog while in the possession of the pet dealer and either of the\\nfollowing:\\n (i) A statement, signed by the pet dealer at the time of sale,\\nindicating all of the following: (1) The dog has no known disease or\\nillness; (2) The dog has no known congenital or hereditary condition\\nthat adversely affects the health of the dog at the time of the sale; or\\n (ii) A record of any known congenital or hereditary condition, disease\\nor illness that adversely affects the health of the dog at the time of\\nsale, along with a statement signed by a licensed veterinarian that\\nauthorizes the sale of the dog, recommends necessary treatment, if any,\\nand verifies that the condition, disease, or illness does not require\\nhospitalization or non-elective surgical procedures, and is not likely\\nto require hospitalization or non-elective surgical procedures in the\\nfuture. A veterinarian statement is not required for intestinal or\\nexternal parasites unless their presence makes the dog clinically ill or\\nis likely to make the dog clinically ill. The statement shall be valid\\nfor fourteen business days following examination of the dog by the\\nveterinarian.\\n (f) Notification that dogs residing in New York state must be\\nlicensed, and that a license may be obtained from the municipality in\\nwhich the dog resides.\\n 3. A disclosure made pursuant to subdivision one or two of this\\nsection shall be signed by both the pet dealer certifying the accuracy\\nof the statement and the purchaser acknowledging receipt of the\\nstatement. At the time of sale, each pet dealer shall provide the\\npurchaser with information on the value of spaying and neutering of dogs\\nand cats.\\n 4. Every pet dealer shall post conspicuously within close proximity to\\nthe cages of dogs and cats offered for sale, a notice containing the\\nfollowing language in one hundred-point type: \"Information on the source\\nof these dogs and cats and the veterinary treatments received by these\\ndogs and cats is available for review by prospective purchasers.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "753-C", "title" : "Animal pedigree registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "753-C", "activeDate" : "2014-09-22", "sequenceNo" : 1195, "repealedDate" : null, "fromSection" : "753-C", "toSection" : "753-C", "text" : " § 753-c. Animal pedigree registration. 1. Representation regarding\\nanimal's pedigree registration. Any pet dealer who states, promises, or\\nrepresents that an animal is registered or capable of registration with\\nan animal pedigree registry organization shall provide the purchaser\\nwith the appropriate documents necessary for such registration within\\none hundred twenty days following sale of the animal. If the purchaser\\nnotifies the pet dealer in writing on or before such time that he or she\\nhas not received the appropriate registration documents, the pet dealer\\nshall have, in addition to the one hundred twenty days, sixty more days\\nin which to provide the appropriate documents.\\n 2. If a pet dealer fails to provide documents as required under\\nsubdivision one of this section, the purchaser, upon written notice to\\nthe pet dealer, may keep the animal and receive a partial refund of\\nseventy-five percent of the purchase price, in which event the pet\\ndealer shall not be required to provide registration documents.\\nAcceptance by the purchaser of appropriate registration documents,\\nwhether or not within the time periods set forth in subdivision one of\\nthis section, shall be deemed a waiver of the right to a partial refund\\npursuant to this subdivision.\\n 3. Registration notice-disclosure statement. (a) A pet dealer that\\nsells animals registered or registrable with a pedigree registry shall\\npost conspicuously within close proximity to those animals a notice that\\nstates: \"Pedigree registration means that the particular registry\\nmaintains information on the parentage and identity of the animal\".\\n (b) For every animal sold by a pet dealer that is sold with the\\nrepresentation that the animal is registered or registrable with an\\nanimal pedigree registry organization, the following fully completed\\ndisclosure shall be made by the pet dealer in writing on a sheet\\nseparate from any other statement in substantially the following form:\\n\"Disclosure of Animal pedigree registration: Description of animal: The\\nanimal you are purchasing is registered/registrable (circle one) with\\nthe (enter name of registry). Registration means that (enter name of\\nregistry) maintains information regarding the parentage and identity of\\nthis animal. Persons buying animals represented by a pet dealer as being\\nregistrable are entitled to the papers necessary to effect such\\nregistration within 120 days of purchase. Failure to provide such papers\\nentitles the purchaser to remedies under law. However, if the purchaser\\nnotifies the pet dealer within the 120 day period that he or she has not\\nreceived such papers, the pet dealer shall have an additional 60 days\\ncommencing at the end of the 120 day period in which to provide the\\ndocuments. Acknowledged: Date: Purchaser's Signature.\"\\n (c) The disclosure shall be signed and dated by the purchaser of the\\nanimal, acknowledging receipt of a copy of the statement. The pet dealer\\nshall retain a copy of the signed disclosure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "753-D", "title" : "Construction with other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "753-D", "activeDate" : "2014-09-22", "sequenceNo" : 1196, "repealedDate" : null, "fromSection" : "753-D", "toSection" : "753-D", "text" : " § 753-d. Construction with other laws. Nothing in this article shall\\nbe construed to (a) limit or restrict agents or officers of societies\\nfor the prevention of cruelty to animals or the police from enforcing\\narticles twenty-six and twenty-six-A of the agriculture and markets law\\nor any other law relating to the humane treatment of, or cruelty to,\\nanimals, (b) limit or restrict any municipality from enacting or\\nenforcing any authorized local law, rule, regulation or ordinance of\\ngeneral application to businesses governing public health, safety or the\\nrights of consumers, or (c) limit or restrict any municipality from\\nenacting or enforcing a local law, rule, regulation or ordinance\\ngoverning pet dealers, as such term is defined in this article,\\nincluding a law, rule, regulation or ordinance governing the health or\\nsafety of animals acquired or maintained by pet dealers, the source of\\nanimals sold or offered for sale by pet dealers, and the spay or neuter\\nof such animals; provided, however, that any such local law, rule,\\nregulation or ordinance shall be no less stringent than the applicable\\nprovisions of this article and may not result in essentially banning all\\nsales of dogs or cats raised and maintained in a healthy and safe\\nmanner. Where any penalty may be authorized for the violation of such a\\nlocal law, rule, regulation or ordinance, the authorized penalty in such\\nlocal law, rule, regulation or ordinance may not exceed a civil penalty\\nof up to five hundred dollars. Where a municipality adopts such a local\\nlaw, rule, regulation or ordinance that is more stringent than the\\napplicable provisions of this article, such municipality shall have sole\\nresponsibility for enforcement of such law, rule, regulation or\\nordinance that is more stringent than the applicable provisions of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "753-E", "title" : "Prohibited contracts", "docType" : "SECTION", "publishedDates" : [ "2018-09-28", "2019-01-18", "2025-11-28" ], "docLevelId" : "753-E", "activeDate" : "2019-01-18", "sequenceNo" : 1197, "repealedDate" : null, "fromSection" : "753-E", "toSection" : "753-E", "text" : " § 753-e. Prohibited contracts. No contract for the purchase of a dog\\nor a cat or the financing of such purchase shall include any provisions\\nwhich authorize the use of a dog or a cat as security where such dog or\\ncat may be repossessed by the seller or lender contingent on the\\npurchaser making payments under such contract. Provided, however,\\nnothing in this section shall prohibit the purchase of a dog or cat\\nthrough an unsecured personal loan, nor be construed to limit the\\nenforcement of other provisions of this article, article twenty-six-a of\\nthe agriculture and markets law or other rights or remedies which are\\notherwise available to all parties under any other law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "754", "title" : "Notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "754", "activeDate" : "2014-09-22", "sequenceNo" : 1198, "repealedDate" : null, "fromSection" : "754", "toSection" : "754", "text" : " § 754. Notice. Every pet dealer who sells an animal to a consumer\\nshall post a notice clearly visible to the consumer and provide the\\nconsumer at the time of sale with a written notice, printed or typed,\\nsetting forth the rights provided under this article. Such notices shall\\nbe prescribed by the commissioner, but the written notice may be\\ncontained in a written contract, an animal history certificate or\\nseparate document, provided such notices are in ten-point boldface type.\\nNo pet dealer shall restrict or diminish by contract or otherwise, the\\nrights provided under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "755", "title" : "Penalties and enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-09-28", "2019-01-18" ], "docLevelId" : "755", "activeDate" : "2019-01-18", "sequenceNo" : 1199, "repealedDate" : null, "fromSection" : "755", "toSection" : "755", "text" : " § 755. Penalties and enforcement. 1. In addition to the other remedies\\nprovided, whenever there shall be a violation of this article,\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin and\\nrestrain the continuance of such violations; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this article, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. Whenever the court shall determine that a\\nviolation of this article has occurred, the court may impose a civil\\npenalty of not less than one hundred dollars and not more than one\\nthousand dollars. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant facts and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n 1-a. Any person who violates any provision of section seven hundred\\nfifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,\\nor seven hundred fifty-three-e of this article may also be subject to\\ndenial, suspension, revocation of, or refusal to renew a pet dealer\\nlicense, in accordance with the provisions of sections four hundred\\nthree and four hundred four of the agriculture and markets law.\\n 2. The provisions of this article may be enforced concurrently by the\\ndirector of a municipal consumer affairs office, or by the town\\nattorney, or city corporation counsel, and all moneys collected\\nthereunder shall be retained by such municipality or local government.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35-E", "title" : "Construction Contracts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-09-10" ], "docLevelId" : "35-E", "activeDate" : "2014-09-22", "sequenceNo" : 1200, "repealedDate" : null, "fromSection" : "756", "toSection" : "758", "text" : " ARTICLE 35-E\\n CONSTRUCTION CONTRACTS\\nSection 756. Definitions.\\n 756-a. Obligations.\\n 756-b. Remedies.\\n 756-c. Retention.\\n 756-d. Exceptions for failure of lender to disburse funds.\\n 756-e. Exceptions for lower Manhattan reconstruction.\\n 757. Void provisions.\\n 758. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "756", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "756", "activeDate" : "2014-09-22", "sequenceNo" : 1201, "repealedDate" : null, "fromSection" : "756", "toSection" : "756", "text" : " § 756. Definitions. As used in this article: 1. \"Construction\\ncontract\" means a written or oral agreement for the construction,\\nreconstruction, alteration, maintenance, moving or demolition of any\\nbuilding, structure or improvement, or relating to the excavation of or\\nother development or improvement to land, and where the aggregate cost\\nof the construction project including all labor, services, materials and\\nequipment to be furnished, equals or exceeds one hundred fifty thousand\\ndollars. For the purposes of this article a construction contract shall\\nnot include any such contract made and awarded by the state, any public\\ndepartment, any public benefit corporation, any public corporation or\\nofficial thereof, or a municipal corporation or official thereof for\\nconstruction, reconstruction, alteration, repair, maintenance, moving or\\ndemolition of any public works project nor any contract with a\\ncontractor or subcontractor which is part of such project; or any such\\ncontract the purpose of which is the construction, reconstruction,\\nalteration, repair, maintenance, moving or demolition of an individual\\none, two or three family residential dwelling or a residential tract\\ndevelopment of one hundred or less one or two family dwellings, or any\\nresidential construction project where the aggregate size of such\\nproject is four thousand five hundred square feet or less, or any\\nresidential project of fewer than seventy-five units which receives\\nfinancial assistance from the federal government, the state or a\\nmunicipal entity designed for households earning an average of one\\nhundred twenty-five percent of the housing and urban development agency\\narea median income.\\n 2. \"Contractor\" means any person, firm, partnership, corporation,\\nassociation, company, organization or other entity, including a\\nconstruction manager, or any combination thereof, which enters into a\\nconstruction contract with an owner.\\n 3. \"Owner\" means any person, firm, partnership, corporation, company,\\nassociation or other organization or other entity, or a combination of\\nany thereof, (with an ownership interest, whether the interest or estate\\nis in fee, as vendee under a contract to purchase, as lessee or another\\ninterest or estate less than fee) that causes a building, structure or\\nimprovement, new or existing, to be constructed, altered, repaired,\\nmaintained, moved or demolished or that causes land to be excavated or\\notherwise developed or improved.\\n 4. \"Subcontractor\" means any person, firm, partnership, corporation,\\ncompany, association, organization or other entity, or any combination\\nthereof, which is a party to a contract with a contractor or another\\nsubcontractor to perform a portion of work pursuant to a construction\\ncontract.\\n 5. \"Material supplier\" means any person, firm, partnership,\\ncorporation, company, association, or other organization or entity, or\\nany combination thereof, which is party to a contract with an owner,\\ncontractor or subcontractor, for the provision of construction materials\\nand/or equipment necessary to the completion of a construction contract.\\n 6. \"Notice.\" Any notice by the owner, contractor or subcontractor\\nunder this article shall be sent by facsimile and reputable overnight\\ncourier and shall be deemed effective on the date sent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "756-A", "title" : "Obligations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-11-26" ], "docLevelId" : "756-A", "activeDate" : "2014-09-22", "sequenceNo" : 1202, "repealedDate" : null, "fromSection" : "756-A", "toSection" : "756-A", "text" : " § 756-a. Obligations. It is the policy and purpose of this article to\\nexpedite payment of all monies owed to those who perform contracting\\nservices pursuant to construction contracts. Except as otherwise\\nprovided in this article, the terms and conditions of a construction\\ncontract shall supersede the provisions of this article and govern the\\nconduct of the parties thereto.\\n 1. Billing cycle. The parties to a construction contract may, by\\nmutual agreement, establish a billing cycle for the submission of\\ninvoices requesting payment for work performed pursuant to a\\nconstruction contract. In the absence of an agreement by the parties as\\nto the billing cycle, the billing cycle shall be the calendar month\\nwithin which the work is performed.\\n 2. Invoices. (a) A contractor shall be entitled to invoice the owner\\nfor interim payments at the end of the billing cycle. A contractor shall\\nbe entitled to submit a final invoice for payment in full upon the\\nperformance of all the contractor's obligation under the contract.\\n (i) Upon delivery of an invoice and all contractually required\\ndocumentation, an owner shall approve or disapprove all or a portion of\\nsuch invoice within twelve business days. Owner approval of invoices\\nshall not be unreasonably withheld nor shall an owner, in bad faith\\ndisapprove all or a portion of an invoice. If an owner declines to\\napprove an invoice or a portion thereof, it must prepare and issue a\\nwritten statement describing those items in the invoice that are not\\napproved. An owner may decline to approve an invoice or portion of an\\ninvoice for:\\n (1) Unsatisfactory or disputed job progress;\\n (2) Defective construction work or material not remedied;\\n (3) Disputed work materials;\\n (4) Failure to comply with other material provisions of the\\nconstruction contract;\\n (5) Failure of the contractor to make timely payments for labor\\nincluding collectively bargained fringe benefit contributions, payroll\\ntaxes and insurance, equipment and materials, damage to the owner, or\\nreasonable evidence that the construction contract cannot be completed\\nfor the unpaid balance of the construction contract sum; or\\n (6) Failure of the owner's architect to certify payment for any or all\\nof the reasons set forth in this section so long as the reasons are\\nincluded in the owner's written statement of disapproval.\\n (ii) Upon delivery of an invoice and all contractually required\\ndocumentation, a contractor or subcontractor shall approve or disapprove\\nall or a portion of such invoice within twelve business days. Contractor\\nand subcontractor approval of invoices shall not be unreasonably\\nwithheld nor shall a contractor or subcontractor, in bad faith,\\ndisapprove all or a portion of an invoice. Nothing in this section shall\\nprohibit the contractor or subcontractor, at the time of application to\\nthe owner or contractor, from withholding such application to the owner\\nor contractor for payment to the subcontractor or material supplier for:\\n (1) Unsatisfactory or disputed job progress;\\n (2) Defective construction work or material not remedied;\\n (3) Disputed work;\\n (4) Failure to comply with other material provisions of the\\nconstruction contract; or\\n (5) Failure of the subcontractor to make timely payments for labor\\nincluding collectively bargained fringe benefit contributions; payroll\\ntaxes and insurance, equipment and materials, damage to contractor or\\nanother subcontractor or material supplier, or reasonable evidence that\\nthe subcontract cannot be completed for the unpaid balance of the\\nsubcontract sum.\\n (b) Nothing in this subdivision shall authorize the withholding of an\\napplication to the owner or contractor for the payment to a\\nsubcontractor or material supplier when due to a delay in job progress\\nby the owner, contractor or another subcontractor or material supplier\\nother than the applicant or applicant's subcontractor or material\\nsupplier.\\n 3. Payment. (a) The owner's payment of a contractor's interim and\\nfinal invoices shall be made on the basis of a duly approved invoice of\\nwork performed and the material supplied during the billing cycle.\\n (i) Unless the provisions of this article provide otherwise, the owner\\nshall pay the contractor strictly in accordance with the terms of the\\nconstruction contract.\\n (ii) Payment of an interim or final invoice shall be due from the\\nowner not later than thirty days after approval of the invoice.\\n (iii) If payment by the owner is contingent upon lender approval,\\npayment of a contractor's interim or final invoice or the amount of loan\\nproceeds disbursed by the lender for payment of the contractor's interim\\nor final invoice shall be due from the owner seven days after receipt by\\nthe owner of good funds except where the provisions of section seven\\nhundred fifty-six-d of this article applies.\\n (iv) An owner may withhold from an interim payment only an amount that\\nis sufficient to pay the costs and expenses the owner reasonably expects\\nto incur in order to cure the defect or correct any items set forth in\\nwriting pursuant to subparagraph (i) of paragraph (a) of subdivision two\\nof this section, or in the alternative, to withhold an amount not to\\nexceed the line item amount appearing in the agreed schedule of values\\ntogether with any change orders, additions and/or deletions, if such\\nschedule has been previously submitted, and/or an amount sufficient to\\ncover liquidated damages as established in an agreed upon schedule in\\nthe construction contract.\\n (b) The contractor or subcontractor's payment of subcontractor or\\nmaterial supplier's interim or final invoice shall be made on the basis\\nof a duly approved invoice of the work performed and materials supplied\\nduring the billing cycle.\\n (i) Unless the provisions of this article provide otherwise, the\\ncontractor or subcontractor shall pay the subcontractor strictly in\\naccordance with the terms of the construction contract. Performance by a\\nsubcontractor in accordance with the provisions of its contract shall\\nentitle it to payment from the party with which it contracts.\\nNotwithstanding this article, where a contractor enters into a\\nconstruction contract with a subcontractor as agent for a disclosed\\nowner, the payment obligation shall flow directly from the disclosed\\nowner as principal to the subcontractor and through the agent.\\n (ii) When a subcontractor has performed in accordance with the\\nprovisions of its construction contract, the contractor shall pay to the\\nsubcontractor, and each subcontractor shall in turn pay to its\\nsubcontractors, the full or proportionate amount of funds received from\\nthe owner for each subcontractor's work and materials based on work or\\nservices provided under the construction contract, seven days after\\nreceipt of good funds for each interim or final payment, provided all\\ncontractually required documentation and waivers are received.\\n (iii) A contractor or subcontractor may withhold amounts received from\\nan owner in connection with an interim payment due to a subcontractor or\\nmaterial supplier only such sums that are sufficient to pay the direct\\nexpenses as are reasonable to correct deficiencies identified pursuant\\nto subparagraph (ii) of paragraph (a) of subdivision two of this\\nsection, or in the alternative, to withhold an amount not to exceed the\\nline item amount appearing in the agreed schedule of values, together\\nwith any change order, additions or deletions, if such schedule has been\\npreviously submitted.\\n (iv) If a contractor, after submitting an invoice to an owner under a\\nconstruction contract, but before making a payment to a subcontractor or\\nmaterial supplier for the subcontractor's or material supplier's\\nperformance covered by such invoice, discovers that all or a portion of\\nthe payment otherwise due to the subcontractor or material supplier is\\nsubject to withholding from the subcontractor or material supplier in\\naccordance with the construction contract and the conditions set forth\\nin subparagraph (ii) of paragraph (a) of subdivision two of this\\nsection, then the contractor shall:\\n (1) As soon as practicable upon ascertaining the cause giving rise to\\na withholding, but prior to the due date for a subcontractor or material\\nsupplier payment, furnish to the subcontractor or material supplier and\\nthe owner written notice of withholding specifying conditions for\\nwithholding payment and identifying the amount to be withheld;\\n (2) Reduce the subcontractor's or material supplier's interim payment\\nby an amount not to exceed the amount specified in the notice of\\nwithholding; and\\n (3) Pay the subcontractor or material supplier amounts withheld within\\nseven days after correction of the identified subcontractor or material\\nsupplier performance deficiency and receipt of all required\\ndocumentation and waivers, unless the funds therefor must be obtained\\nfrom the owner's next interim payment due to a reduction in the\\ncontractor's billing directly resulting from the subcontractor's or\\nmaterial supplier's performance deficiency identified in the notice of\\nwithholding.\\n (c) A written notice of any withholding under this subdivision shall\\nbe issued to a subcontractor or material supplier specifying:\\n (i) The amount to be withheld;\\n (ii) The specific causes for withholding under the terms of the\\nconstruction contract and pursuant to this subdivision;\\n (iii) The remedial actions necessary to be taken by the subcontractor\\nor material supplier in order to receive payments of the amounts\\nwithheld; and\\n (iv) The documentation and waivers required.\\n 4. Notice. A contractor or subcontractor shall disclose to a\\nsubcontractor, at the time the construction subcontract is entered into,\\nthe due date for receipt of payments to the contractor or subcontractor\\nfrom the owner or the contractor as the case may be. If a contractor or\\nsubcontractor fails to accurately disclose the due date to a\\nsubcontractor, the contractor or subcontractor shall be obligated to pay\\nthe subcontractor as though the due dates established in paragraph (a)\\nof subdivision three of this section were met by the owner. In addition,\\nupon written request of a subcontractor, the owner shall provide notice\\nto such subcontractor within five days of making any interim or final\\npayment to the contractor. The subcontractor's request shall remain in\\neffect for the duration of the subcontractor's work on the project.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "756-B", "title" : "Remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "756-B", "activeDate" : "2014-09-22", "sequenceNo" : 1203, "repealedDate" : null, "fromSection" : "756-B", "toSection" : "756-B", "text" : " § 756-b. Remedies. 1. (a) If any interim or final payment to a\\ncontractor is delayed beyond the due date established in paragraph (a)\\nof subdivision three of section seven hundred fifty-six-a of this\\narticle, the owner shall pay the contractor interest beginning on the\\nnext day at the rate of one percent per month or fraction of a month on\\nthe unpaid balance, or at a higher rate consistent with the construction\\ncontract.\\n (b) Notwithstanding any contrary agreement, if any interim or final\\npayment to a subcontractor is delayed beyond the due date established in\\nparagraph (b) of subdivision three of section seven hundred fifty-six-a\\nof this article the contractor or subcontractor shall pay its\\nsubcontractor interest, beginning on the next day, at the rate of one\\npercent a month or fraction of a month on the unpaid balance, or at a\\nhigher rate consistent with the construction contract.\\n 2. (a) (i) If an owner fails to approve or disapprove an invoice\\nwithin the time limits established in subparagraph (i) of paragraph (a)\\nof subdivision two of section seven hundred fifty-six-a of this article,\\nor to pay the contractor the undisputed invoice amount within the time\\nlimits provided by paragraph (a) of subdivision three of section seven\\nhundred fifty-six-a of this article, the contractor may suspend\\ncontractually required performance, only after providing the owner\\nwritten notice and an opportunity to cure consistent with subparagraph\\n(ii) of this paragraph.\\n (ii) A contractor intending to suspend performance on the construction\\ncontract for failure of the owner to make timely payments or approvals\\nwithin the time limits provided by this article must provide the owner\\nwritten notice at least ten calendar days before the contractor's\\nintended suspension. Such notice shall:\\n (A) inform the owner that payment for undisputed invoice amounts have\\nnot been received; and\\n (B) state the intent of the contractor to suspend performance for\\nnon-payment.\\nIf after the tenth calendar day following written notice the owner has\\nnot cured the deficiency, the contractor may suspend performance.\\n (iii) A contractor shall not be deemed in breach of the construction\\ncontract for suspending performance pursuant to this section.\\n (b)(i) A subcontractor may suspend contractually required performance\\nif any or all of the occurrences outlined in clauses (A), (B) and (C) of\\nthis subparagraph occur and only after providing written notice and an\\nopportunity to cure consistent with subparagraph (ii) of this paragraph:\\n (A) If an owner fails to make timely payments for undisputed invoices\\nwithin the time limits established by subdivision three of section seven\\nhundred fifty-six-a of this article for the subcontractor's work and the\\ncontractor also fails to pay the subcontractor for the approved work;\\n (B) If an owner pays the contractor within the time limits established\\nby subdivision three of section seven hundred fifty-six-a of this\\narticle for undisputed invoices for work performed by the subcontractor\\nbut the contractor fails to make payment to the subcontractor within the\\ntime frames established by this article for the subcontractor's work;\\n (C) If an owner fails to approve or disapprove a portion of\\ncontractor's invoice for work performed by the subcontractor within the\\ntime limits established in paragraph (a) of subdivision two of section\\nseven hundred fifty-six-a of this article;\\n (D) If a contractor or subcontractor fails to approve or disapprove a\\nsubcontractor's invoice within the time limits established in paragraph\\n(b) of subdivision three of section seven hundred fifty-six-a of this\\narticle; or\\n (E) If an owner fails to approve portions of the contractors' billing\\nfor work performed by the subcontractor within the time limits\\nestablished by this article and the reasons for such failure are not the\\nfault of or directly related to the subcontractor's work.\\n (ii) A subcontractor intending to suspend performance for failure to\\nreceive timely payments within the time limits established pursuant to\\nthis article must provide both the owner and the contractor written\\nnotice at least ten calendar days before the subcontractor's intended\\nsuspension. Such notice shall:\\n (A) inform the owner and the contractor that payment for undisputed\\nbilling amounts have not been received; and\\n (B) state the intent of the contractor to suspend performance for\\nnon-payment.\\n If after the tenth calendar day following written notice either the\\nowner or the contractor has not cured the deficiency, the subcontractor\\nmay suspend performance and/or attempt to resolve in compliance with\\nsubdivision three of this section.\\n (iii) A subcontractor shall not be deemed in breach of the\\nconstruction contract for suspending performance pursuant to this\\nsection.\\n (iv) (A) A contractor or subcontractor that suspends performance as\\nprovided in this section shall not be required to furnish further labor,\\nmaterials or services until the contractor or subcontractor is paid the\\nundisputed invoice amount at the time period for completion as provided\\nin the construction contract, or a final determination has been made in\\ncompliance with subdivision three of this section and complied with. All\\nof the time frames established within this section shall be extended for\\nthe length of time performance was suspended. Payment of documented\\nactual costs incurred for re-mobilization resulting from suspension\\nshall be negotiated between the parties.\\n (B) In the event of suspension of a construction contract, as provided\\nin this article, all materials, equipment, tools, construction equipment\\nand machinery located at the job site shall remain the sole and\\nexclusive property of the contractor or subcontractor and shall be\\nremoved from the job site, if necessary, within a reasonable period of\\ntime. Access to the contractor's or subcontractor's property shall not\\nbe unreasonably withheld.\\n 3. (a) Upon receipt of written notice of a complaint (i) that an owner\\nhas violated the provisions of this article; (ii) that a contractor has\\nviolated the provisions of this article; (iii) where a contractor\\nalleges a subcontractor has violated the provisions of this article;\\n(iv) where a subcontractor alleges a contractor has violated the\\nprovisions of this article; (v) where a subcontractor alleges that\\nanother subcontractor has violated the provisions of this article; (vi)\\nwhere a contractor or subcontractor alleges a material supplier has\\nviolated the provisions of this article; or (vii) where a material\\nsupplier alleges a contractor or subcontractor has violated the\\nprovisions of this article; the parties shall attempt to resolve the\\nmatter giving rise to such complaint.\\n (b) The written notice required under this section shall be delivered\\nat or sent by any means that provides written, third-party verification\\nof delivery to the last business address known to the party giving\\nnotice.\\n (c) If efforts to resolve such matter to the satisfaction of all\\nparties are unsuccessful, the aggrieved party may refer the matter, not\\nless than fifteen days of the receipt of third party verification of\\ndelivery of the complaint, to the American Arbitration Association for\\nan expedited arbitration pursuant to the Rules of the American\\nArbitration Association.\\n (d) Upon conclusion of the arbitration proceedings, the arbitrator\\nshall submit to the parties his or her opinion and award regarding the\\nalleged violation.\\n (e) The award of the arbitrator shall be final and may only be vacated\\nor modified as provided in article seventy-five of the civil practice\\nlaw and rules upon an application made within the time provided by\\nsection seventy-five hundred two of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "756-C", "title" : "Retention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-11-26" ], "docLevelId" : "756-C", "activeDate" : "2014-09-22", "sequenceNo" : 1204, "repealedDate" : null, "fromSection" : "756-C", "toSection" : "756-C", "text" : " § 756-c. Retention. By mutual agreement of the relevant parties an\\nowner may retain a reasonable amount of the contract sum as retainage. A\\ncontractor or subcontractor may also retain a reasonable amount for\\nretainage so long as the amount does not exceed the actual percentage\\nretained by the owner. Retainage shall be released by the owner to the\\ncontractor no later than thirty days after the final approval of the\\nwork under a construction contract. In the event that an owner fails to\\nrelease retainage as required by this article, or the contractor or\\nsubcontractor fails to release a proportionate amount of retainage to\\nthe relevant parties after receipt of retainage from the owner, the\\nowner, contractor, or subcontractor, as the case may be, shall be\\nsubject to the payment of interest at the rate of one percent per month\\non the date retention was due and owing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "756-D", "title" : "Exceptions for failure of lender to disburse funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "756-D", "activeDate" : "2014-09-22", "sequenceNo" : 1205, "repealedDate" : null, "fromSection" : "756-D", "toSection" : "756-D", "text" : " § 756-d. Exceptions for failure of lender to disburse funds. The date\\nof payment required by the owner, the contractor and/or subcontractor\\npursuant to section seven hundred fifty-six-a of this article, shall be\\nextended to the seventh day after the owner, contractor or\\nsubcontractor, as the case may be, receives loan proceeds necessary to\\nmake such payment in the event that:\\n 1. the owner, contractor or subcontractor, as the case may be, has\\nobtained a loan intended to pay for all or part of the construction\\ncontract;\\n 2. the owner, contractor or subcontractor, as the case may be, has\\ntimely requested disbursement of proceeds from that loan; and\\n 3. the lender is legally obligated to disburse such proceeds to the\\nowner, contractor or subcontractor, as the case may be, but has failed\\nto do so in a timely manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "756-E", "title" : "Exceptions for lower Manhattan reconstruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "756-E", "activeDate" : "2014-09-22", "sequenceNo" : 1206, "repealedDate" : null, "fromSection" : "756-E", "toSection" : "756-E", "text" : " § 756-e. Exceptions for lower Manhattan reconstruction. The provisions\\nof this article shall not apply to any construction contracts for the\\nreconstruction, alteration, moving or demolition of any building,\\nstructure or improvement, or relating to the excavation of or any\\ndevelopment or improvement to land in and around the world trade center\\nnecessitated by the September eleventh, two thousand one terrorist\\nattack on such center.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "757", "title" : "Void provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "757", "activeDate" : "2014-09-22", "sequenceNo" : 1207, "repealedDate" : null, "fromSection" : "757", "toSection" : "757", "text" : " § 757. Void provisions. The following provisions of construction\\ncontracts shall be void and unenforceable:\\n 1. A provision, covenant, clause or understanding in, collateral to or\\naffecting a construction contract, with the exception of a contract with\\na material supplier, that makes the contract subject to the laws of\\nanother state or that requires any litigation, arbitration or other\\ndispute resolution proceeding arising from the contract to be conducted\\nin another state.\\n 2. A provision, covenant, clause or understanding in, collateral to or\\naffecting a construction contract stating that a party to the contract\\ncannot suspend performance under the contract if another party to the\\ncontract fails to make prompt payments under the contract.\\n 3. A provision, covenant, clause or understanding in, collateral to or\\naffecting a construction contract stating that expedited arbitration as\\nexpressly provided for and in the manner established by section seven\\nhundred fifty-six-b of this article is unavailable to one or both\\nparties.\\n 4. A provision, covenant, clause or understanding in collateral to or\\naffecting a construction contract establishing payment provisions which\\ndiffer from those established in subdivision three of section seven\\nhundred fifty-six-a and section seven hundred fifty-six-b as applicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "758", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "758", "activeDate" : "2014-09-22", "sequenceNo" : 1208, "repealedDate" : null, "fromSection" : "758", "toSection" : "758", "text" : " § 758. Severability. If any clause, sentence, paragraph, subdivision\\nor part of this article, or the application thereof to any person or\\ncircumstance, shall be adjudged by any court of competent jurisdiction\\nto be invalid or unconstitutional, such judgment shall not affect,\\nimpair or invalidate the remainder thereof, but shall be confined in its\\noperation to the clause, sentence, paragraph, subdivision or part of\\nthis article, or in its application to the person or circumstance,\\ndirectly involved in the controversy in which such judgment shall have\\nbeen rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A35-F", "title" : "Fire Sprinkler Information", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-12-05" ], "docLevelId" : "35-F", "activeDate" : "2014-12-05", "sequenceNo" : 1209, "repealedDate" : null, "fromSection" : "759", "toSection" : "759-A", "text" : " * ARTICLE 35-F\\n FIRE SPRINKLER INFORMATION\\nSection 759. Definitions.\\n 759-a. Disclosure of automatic fire sprinkler system\\n information.\\n * NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "759", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-05" ], "docLevelId" : "759", "activeDate" : "2014-12-05", "sequenceNo" : 1210, "repealedDate" : null, "fromSection" : "759", "toSection" : "759", "text" : " * § 759. Definitions. When used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Builder\" means any person, corporation, partnership or other\\nentity contracting with an owner for the construction of a one- or\\ntwo-family residential dwelling having less than three stories.\\n 2. \"Buyer\" means any person or persons who have contracted or who\\nintend to contract with a builder for the construction of a one- or\\ntwo-family residential dwelling having less than three stories.\\n * NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "759-A", "title" : "Disclosure of automatic fire sprinkler system information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-05", "2021-11-12", "2022-09-02" ], "docLevelId" : "759-A", "activeDate" : "2014-12-05", "sequenceNo" : 1211, "repealedDate" : null, "fromSection" : "759-A", "toSection" : "759-A", "text" : " * § 759-a. Disclosure of automatic fire sprinkler system information.\\nA builder of a one- or two-family residential dwelling having less than\\nthree stories, prior to entering into a contract for construction of\\nsuch dwelling with a buyer, shall provide the buyer with a copy of\\nwritten materials prepared by the office of fire prevention and control\\npursuant to subdivision twenty-one of section one hundred fifty-six of\\nthe executive law, which details the benefits of and includes factors\\nthat can affect the costs associated with the installation and\\nmaintenance of an automatic fire sprinkler system. Upon request of the\\nbuyer, the builder shall, at the buyer's expense, install an automatic\\nfire sprinkler system in such one- or two-family residential dwelling\\nhaving less than three stories.\\n * NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A36", "title" : "Protection of Underground Facilities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-11-09" ], "docLevelId" : "36", "activeDate" : "2018-11-09", "sequenceNo" : 1212, "repealedDate" : null, "fromSection" : "760", "toSection" : "767", "text" : " ARTICLE 36\\n PROTECTION OF UNDERGROUND FACILITIES\\nSection 760. Definitions.\\n 761. One-call notification systems.\\n 762. Duties of local governments.\\n 763. Duties of operators.\\n 764. Duties of excavators.\\n 765. Penalties and liabilities.\\n 766. Rules and regulations.\\n 767. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "760", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2018-11-30", "2019-05-10" ], "docLevelId" : "760", "activeDate" : "2019-05-10", "sequenceNo" : 1213, "repealedDate" : null, "fromSection" : "760", "toSection" : "760", "text" : " § 760. Definitions. When used in this article, the following terms\\nshall have the following meanings.\\n 1. \"Person\" means any individual, firm, corporation, association or\\npartnership, cooperative association, joint venture, joint stock\\nassociation, business trust, their lessees, trustees or receivers,\\ngovernmental unit or public authority whether or not incorporated.\\n 2. \"Excavation\" means an operation for the purpose of movement or\\nremoval of earth, rock or other materials in or on the ground by use of\\nmechanized equipment or by blasting, and includes, but is not limited\\nto, auguring, backfilling, drilling, grading, plowing in, pulling in,\\ntrenching and tunneling; provided, however, that the movement of earth\\nby tools manipulated only by human or animal power and the tilling of\\nsoil for agricultural purposes shall not be deemed excavation.\\n 3. \"Demolition\" means the wrecking, razing, rending, moving or\\nremoving of any structure.\\n 4. \"Underground facilities\" means pipelines, conduits, ducts, cables,\\nwires, manholes, vaults or other such facilities or their attachments,\\nwhich have been installed underground by an operator to provide services\\nor materials. Such term shall not include oil and gas production and\\ngathering pipeline systems used primarily to collect oil or gas\\nproduction from wells.\\n 5. \"Excavator\" means a person who is engaged in a trade or business\\nwhich includes the carrying out of excavation or demolition; provided,\\nhowever, that an individual employed by an excavator, and having no\\nsupervisory authority, other than the routine direction of employees,\\nover an excavation or demolition, shall not be deemed an excavator for\\nthe purposes of this article. In construing and enforcing the provisions\\nof this article, the act of any employee or agent of any excavator\\nacting within the scope of his or her official duties or employment\\nshall be deemed to be the act of such excavator.\\n 6. \"Operator\" means a person who operates an underground facility or\\nfacilities to furnish any of the following services or materials:\\nelectricity, gases, steam, liquid petroleum products, telephone or\\ntelegraph communications, cable television, sewage removal, traffic\\ncontrol systems, or water.\\n 7. \"Damage\" means an impact upon or removal of support from an\\nunderground facility consequent to excavation or demolition which,\\naccording to the operating practices of the operator, would necessitate\\nrepair of such facility, destruction of any underground facility or its\\nprotective coating, housing or other protective device, and impact with\\nor severance of an underground facility.\\n 8. \"One-call notification system\" means an organization among whose\\npurposes is establishing and carrying out procedures and programs to\\nprotect underground facilities from damage due to excavation and\\ndemolition including, but not limited to, receiving notices of intent to\\nperform excavation and demolition, and transmitting the notices to one\\nor more of its member operators of underground facilities in the\\nspecified area.\\n 9. \"Local government\" means a county, town, city or village.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "761", "title" : "One-call notification systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2018-11-09", "2019-05-10", "2020-04-24", "2025-05-16", "2025-05-30", "2025-11-14", "2026-05-15" ], "docLevelId" : "761", "activeDate" : "2020-04-24", "sequenceNo" : 1214, "repealedDate" : null, "fromSection" : "761", "toSection" : "761", "text" : " § 761. One-call notification systems. 1. Participation. Every operator\\nshall participate in and be responsible for the administration of a\\none-call notification system. Any other persons interested in protection\\nof underground facilities may also participate in the system.\\n 2. Duties. The system shall:\\n a. Receive notices from excavators of proposed excavation and\\ndemolition activities and transmit the information contained in such\\nnotices to every member that operates an underground facility in the\\narea of the proposed activities;\\n b. Establish operating procedures, the technology needed for the\\nsystem, a toll-free telephone number that operates on a twenty-four\\nhour, seven days a week basis, a notification process and a method for\\nassessing costs;\\n c. Maintain adequate records to document compliance with the\\nrequirements of this article, including records of notices, which can be\\nobtained upon request of any person;\\n d. Provide local governments with the telephone number of the system\\nand a sample or model notice informing operators and excavators of the\\nsystem and their responsibilities relating to protection of underground\\nfacilities; cooperate with local governments to encourage their\\nparticipation in the system to assure that when permits involving\\nexcavation and demolition are issued, excavators and operators receive\\ninformation about the system and about their obligations to protect\\nunderground facilities;\\n * e. Conduct a customer education program that includes publicizing\\nthe purpose of the one-call system and its programs, and the obligations\\nof excavators and operators to protect underground facilities;\\n * NB Effective until October 1, 2025\\n * e. Conduct a customer education program that includes publicizing\\nthe purpose of the one-call system and its programs, and the obligations\\nof excavators and operators to protect underground facilities; and\\n * NB Effective October 1, 2025\\n * f. Provide services and programs applicable in all areas of the\\nstate in which underground facilities are located; and\\n * NB Effective until October 1, 2025\\n * f. Provide services and programs applicable in all areas of the\\nstate in which underground facilities are located.\\n * NB Effective October 1, 2025\\n * g. Conduct programs to provide training and education to operators\\nand excavators on the requirements and procedures for protection of\\nunderground facilities.\\n * NB Repealed October 1, 2025\\n 3. Costs. The costs of operating the system shall be apportioned\\nequitably among the members of the system, with the exception of local\\ngovernments and public authorities that operate underground facilities\\nand any operator of underground facilities that provides water service\\nto less than four thousand customers. In apportioning such costs, the\\nsystem shall take into account the number of customers, extent of\\nunderground facilities and frequency of use.\\n 4. Consumer education programs. Each operator of an underground gas\\npipeline or hazardous liquid petroleum facility shall on its own\\ninitiative, or through a one-call identification system, conduct a\\nprogram to educate the public on the possible hazards associated with\\ndamage to facilities and on the importance of reporting gas odors and\\nleaks. The system may develop materials suitable for use in such\\nprograms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "762", "title" : "Duties of local governments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-05-10", "2021-10-15" ], "docLevelId" : "762", "activeDate" : "2019-05-10", "sequenceNo" : 1215, "repealedDate" : null, "fromSection" : "762", "toSection" : "762", "text" : " * § 762. Duties of local governments. The local governments shall\\ndisplay in an appropriate location and provide a notice to each\\napplicant for an excavation and demolition permit that informs them\\nabout their responsibilities under the law and regulations to protect\\nunderground facilities and the existence, operation and programs of the\\none-call notification system. Any local government which contracts for\\nexcavation of underground facilities shall require the excavator to have\\ncompleted the training and education program provided by the one-call\\nnotification system pursuant to this article or any other provider\\nauthorized by the public service commission to administer such training\\nand education program. Such training and education program shall be made\\navailable in-person and online. The cost of such training and education\\nprogram shall not exceed twenty-five dollars and shall not be required\\nmore than once per five year period.\\n * NB Effective until October 1, 2021\\n * § 762. Duties of local governments. The local governments shall\\ndisplay in an appropriate location and provide a notice to each\\napplicant for an excavation and demolition permit that informs them\\nabout their responsibilities under the law and regulations to protect\\nunderground facilities and the existence, operation and programs of the\\none-call notification system.\\n * NB Effective October 1, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "763", "title" : "Duties of operators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2019-05-10", "2021-10-15" ], "docLevelId" : "763", "activeDate" : "2019-05-10", "sequenceNo" : 1216, "repealedDate" : null, "fromSection" : "763", "toSection" : "763", "text" : " § 763. Duties of operators. 1. Every operator shall participate in a\\none-call notification system.\\n 2. Upon receipt of the notification provided for by this article\\neither directly from the excavator or from the one-call notification\\nsystem and pursuant to the rules and regulations adopted by the public\\nservice commission pursuant to section one hundred nineteen-b of the\\npublic service law, an operator shall advise the excavator in a timely\\nmanner of those of its underground facilities that will be affected by\\nthe proposed excavation or demolition.\\n 3. The operator shall accurately and with due care designate within a\\nreasonable period of time the location of its underground facilities in\\nthe manner and during the time period set forth in the rules and\\nregulations adopted by the public service commission pursuant to section\\none hundred nineteen-b of the public service law.\\n * 4. Any operator which performs or contracts for the excavation of\\nunderground facilities shall require the excavator to have completed the\\ntraining and education program provided by the one-call notification\\nsystem pursuant to this article or any other provider authorized by the\\npublic service commission to administer such training and education\\nprogram. Such training and education program shall be made available\\nin-person and online. The cost of such training and education program\\nshall not exceed twenty-five dollars and shall not be required more than\\nonce per five year period. In the case of an operator subject to the\\njurisdiction of the public service commission, a training and education\\nprogram that is subject to audit by the department of public service\\nshall also satisfy the requirement herein.\\n * NB Repealed October 1, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "764", "title" : "Duties of excavators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09", "2018-11-16", "2019-05-10", "2019-11-22" ], "docLevelId" : "764", "activeDate" : "2019-11-22", "sequenceNo" : 1217, "repealedDate" : null, "fromSection" : "764", "toSection" : "764", "text" : " § 764. Duties of excavators. 1. No excavator shall commence or engage\\nin any excavation or demolition unless and until timely notice is served\\nof the location and date of the proposed excavation or demolition as\\nprovided in this article to operators who maintain underground\\nfacilities in the area in which the excavation or demolition is to take\\nplace. The provision of such notice to a one-call notification system is\\ndeemed to be compliance with this section; and notice to the one-call\\nnotification center is notice to each member. Such notice shall be\\nserved in accordance with the rules and regulations adopted by the\\npublic service commission pursuant to section one hundred nineteen-b of\\nthe public service law.\\n 2. Prior to any excavation or demolition, the excavator shall verify\\nthe precise location of the underground facilities in a manner set forth\\nin the rules and regulations adopted by the public service commission\\npursuant to section one hundred nineteen-b of the public service law.\\n 3. An excavator may proceed with such work if he has received notice\\nfrom each operator notified by the one-call system that it has no\\nunderground facility in or within fifteen feet of the proposed work area\\nor that the operator marked any underground facility located in or\\nwithin fifteen feet of the proposed work area.\\n 4. An excavator engaged in excavation or demolition shall be\\nresponsible for protecting and preserving the staking, marking or other\\ndesignation by the operator until no longer required for proper and safe\\nexcavation or demolition work at or near the underground facility,\\nmaintain clearance between the underground facility, and the cutting\\nedge or point of any equipment to avoid damage to the underground\\nfacility and provide support to and prevent damage to any underground\\nfacility or its protective coating, in the means and according to the\\nmethods set forth in the rules and regulations adopted by the public\\nservice commission pursuant to section one hundred nineteen-b of the\\npublic service law.\\n 5. In the event of contact with and/or damage to an underground\\nfacility, the excavator shall immediately notify the operator of the\\nfacility and no backfilling shall be done by the excavator until\\ninspection and/or repairs have been made by the operator and no repairs\\nshall be undertaken by the excavator until authorized by the operator.\\nIn the event of an electrical short or the escape of gas or hazardous\\nfluids endangering life, the excavator shall immediately notify the\\noperator of the electric, gas or hazardous liquid underground facility\\nand 911, and all persons who might be endangered and assist in the\\nevacuation of such persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "765", "title" : "Penalties and liabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2020-04-24", "2025-05-16", "2026-01-30" ], "docLevelId" : "765", "activeDate" : "2020-04-24", "sequenceNo" : 1218, "repealedDate" : null, "fromSection" : "765", "toSection" : "765", "text" : " § 765. Penalties and liabilities. 1. Civil penalties. a. Failure to\\ncomply with any provision of this article shall subject an excavator or\\nan operator to a civil penalty of up to two thousand five hundred\\ndollars for the first violation and up to an additional ten thousand\\ndollars for each succeeding violation that occurs within a twelve month\\nperiod.\\n b. The penalties provided for by this article shall not apply to an\\nexcavator who damages an underground facility due to the failure of the\\noperator to comply with any of the provisions of this article nor shall\\nin such instance the excavator be liable for repairs as prescribed in\\nsubdivision four of this section.\\n * c. An action to recover a penalty under this article may be brought\\nin the supreme court in the judicial district in which the violation was\\nalleged to have occurred which shall be commenced and prosecuted by the\\nattorney general. The public service commission shall, pursuant to\\nsection one hundred nineteen-b of the public service law, forward to the\\nattorney general its determination of the amount of the penalty for\\nviolations of rules and regulations adopted to implement the\\nrequirements of this article. Upon receipt of such determination, the\\nattorney general may commence an action to recover such penalty. All\\nmoneys recovered in any such action, together with the costs thereof,\\nand all moneys recovered as the result of any such public service\\ncommission determination shall be paid into the underground facilities\\nsafety training account established pursuant to section ninety-seven-www\\nof the state finance law.\\n * NB Effective until October 1, 2025\\n * c. An action to recover a penalty under this article may be brought\\nin the supreme court in the judicial district in which the violation was\\nalleged to have occurred which shall be commenced and prosecuted by the\\nattorney general. The public service commission shall, pursuant to\\nsection one hundred nineteen-b of the public service law, forward to the\\nattorney general its determination of the amount of the penalty for\\nviolations or rules and regulations adopted to implement the\\nrequirements of this article. Upon receipt of such determination, the\\nattorney general may commence an action to recover such penalty. All\\nmoneys recovered in any such action, together with the costs thereof,\\nshall be paid into the state treasury to the credit of the general fund.\\n * NB Effective October 1, 2025\\n 2. Except as otherwise provided in this subdivision, nothing in this\\narticle shall impair, limit or reduce the statutory, common law or\\ncontractual duties or tort or other liability of any excavator\\nexcavating or demolishing in the vicinity of underground facilities.\\n 3. Any excavator engaging in or proposing to engage in excavation or\\ndemolition in a negligent or unsafe manner, which has resulted in or is\\nlikely to result in damage to underground facilities in such a manner\\nthat life, property or the continuation of operator service is\\nendangered, may be enjoined from such excavation or demolition or any\\naspect thereof upon application of the operator owning the facilities or\\nthe attorney general made in supreme court having jurisdiction in the\\ncounty wherein the excavation or demolition or proposed excavation or\\ndemolition is to take place. Three or more instances of damage by an\\nexcavator to underground facilities in the course of the entire\\nself-same excavation or demolition activity shall be prima facie grounds\\nfor enjoining the excavator from further performance of the excavation\\nor demolition activity.\\n 4. In the event that, as a result of a violation of any of the\\nprovisions of this article by an excavator, it is necessary that an\\noperator make any repair to or provide new support to an underground\\nfacility, the excavator shall be liable to the operator for reasonable\\ncosts so incurred.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "766", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "766", "activeDate" : "2014-09-22", "sequenceNo" : 1219, "repealedDate" : null, "fromSection" : "766", "toSection" : "766", "text" : " § 766. Rules and regulations. The public service commission shall\\nadopt rules and regulations to implement and enforce the provisions of\\nthis article pursuant to section one hundred nineteen-b of the public\\nservice law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "767", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "767", "activeDate" : "2014-09-22", "sequenceNo" : 1220, "repealedDate" : null, "fromSection" : "767", "toSection" : "767", "text" : " § 767. Separability. If any provision of this article or the\\napplication thereof to any person or circumstances is held invalid, the\\nremainder of the article and the application of such provision to other\\npersons or circumstance shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A36-A", "title" : "Home Improvement Contracts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-11-29" ], "docLevelId" : "36-A", "activeDate" : "2019-11-29", "sequenceNo" : 1221, "repealedDate" : null, "fromSection" : "770", "toSection" : "776", "text" : " ARTICLE 36-A\\n HOME IMPROVEMENT CONTRACTS\\nSection 770. Definitions.\\n 771. Contract provisions.\\n 771-a. Responsibilities of home improvement contractors.\\n 771-b. Responsibilities of roofing contractors.\\n 772. Penalty for fraud.\\n 773. Violations.\\n 774. Action by the attorney general.\\n 775. Applicability.\\n 776. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "770", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-29", "2020-05-29" ], "docLevelId" : "770", "activeDate" : "2020-05-29", "sequenceNo" : 1222, "repealedDate" : null, "fromSection" : "770", "toSection" : "770", "text" : " § 770. Definitions. As used in this article, the following terms,\\nunless the context requires otherwise, shall have the following\\nmeanings:\\n 1. \"Person\" means a natural person.\\n 2. \"Owner\" means any homeowner, co-operative shareholder owner, or\\nresidential tenant, or any person who purchases a custom home as defined\\nin this section.\\n 3. \"Home improvement\" means the repairing, remodeling, altering,\\nconverting, or modernizing of, or adding to, residential property and\\nshall include, but not be limited to, the construction, erection,\\nreplacement, or improvement of driveways, swimming pools, siding,\\ninsulation, roofing, windows, terraces, patios, landscaping, fences,\\nporches, garages, solar energy systems, flooring, basements, and other\\nimprovements of the residential property and all structures or land\\nadjacent to it. \"Home improvement\" shall also mean the construction of a\\ncustom home, the installation of home improvement goods or the\\nfurnishing of home improvement services. \"Home improvement\" shall not\\ninclude:\\n (a) the sale or construction of a new home, other than a custom home\\nas defined in this section;\\n (b) the sale of goods by a seller who neither arranges to perform nor\\nperforms, directly or indirectly, any work or labor in connection with\\nthe installation or application of the goods;\\n (c) the sale or installation of appliances, such as stoves,\\nrefrigerators, freezers, room air conditioners, dishwashers, clothes\\nwashers or dryers, which are designed to be removable from the premises\\nwithout material alteration thereof;\\n (d) the sale or installation of decorative goods or services, such as\\ndraperies and carpets; or\\n (e) the performance of repairs, replacements, or other services\\npursuant to an express or implied warranty, or a maintenance agreement\\nas defined in section three hundred ninety-five-a of this chapter.\\n 4. \"Home improvement goods or services\" means goods and services which\\nare bought in connection with home improvement. Such home improvement\\ngoods and services include burglar alarms, texture coating, fencing, air\\nconditioning, heating equipment, and any other goods which, at the time\\nof sale or subsequently, are to be so affixed to real property by the\\nhome improvement contractor as to become a part of real property whether\\nor not severable therefrom.\\n 5. \"Home improvement contractor\" means a person, firm or corporation\\nwhich owns or operates a home improvement business or who undertakes,\\noffers to undertake or agrees to perform any home improvement for a fee\\nand for whom the total cash price of all of his home improvement\\ncontracts with all his customers exceeds one thousand five hundred\\ndollars during any period of twelve consecutive months. Home improvement\\ncontractor does not include a person, firm, corporation, landlord,\\ncooperative corporation, condominium board of managers, joint tenant or\\nco-tenant that owns, in whole or in part, the property to be improved.\\n 6. \"Home improvement contract\" means an agreement for the performance\\nof home improvement, between a home improvement contractor and an owner,\\nand where the aggregate contract price specified in one or more home\\nimprovement contracts, including all labor, services and materials to be\\nfurnished by the home improvement contractor, exceeds five hundred\\ndollars.\\n 7. \"Custom home\" means a new single family residence to be constructed\\non premises owned of record by the purchaser at the time of contract,\\nprovided that such residence is intended for residential occupancy by\\nsuch purchaser and the contract of sale is entered into on or after the\\nfirst day of March, nineteen hundred ninety.\\n 8. \"Roofing contractor\" means a person, firm or corporation, including\\nbut not limited to, a person that is a nonresident roofing contractor,\\nindependent contractor, day laborer or subcontractor engaged in the\\nbusiness of roofing, gutter, downspout or siding services for a fee or\\nwho offers to engage in or solicits roofing-related services, including\\nconstruction, installation, renovation, repair, maintenance, alteration\\nor waterproofing. This definition shall not include a person engaged in\\nthe demolition of a structure or the cleanup of construction waste and\\ndebris that contains roofing material, nor a person engaged in building\\na new home or housing development. \"Roofing contractor\" shall not\\ninclude:\\n (a) an owner or farm property owner who physically performs, or has\\nemployees who perform repairing, remodeling, altering, converting, or\\nmodernizing of, or adding to, their own dwelling or another structure\\nlocated on the property owned by the person without the assistance of a\\nroofing contractor.\\n (b) any authorized employee or representative of the United States\\ngovernment, the state of New York, or any political subdivision\\nperforming the repairing, remodeling, altering, converting, or\\nmodernizing of, or adding to, government property.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "771", "title" : "Contract provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-29" ], "docLevelId" : "771", "activeDate" : "2014-09-22", "sequenceNo" : 1223, "repealedDate" : null, "fromSection" : "771", "toSection" : "771", "text" : " § 771. Contract provisions. 1. Every home improvement contract subject\\nto the provisions of this article, and all amendments thereto, shall be\\nevidenced by a writing and shall be signed by all the parties to the\\ncontract. The writing shall contain the following:\\n (a) The name, address, telephone number and license number, if\\napplicable, of the contractor.\\n (b) The approximate dates, or estimated dates, when the work will\\nbegin and be substantially completed, including a statement of any\\ncontingencies that would materially change the approximate or estimated\\ncompletion date. In addition to the estimated or approximate dates, the\\ncontract shall also specify whether or not the contractor and the owner\\nhave determined a definite completion date to be of the essence.\\n (c) A description of the work to be performed, the materials to be\\nprovided to the owner, including make, model number or any other\\nidentifying information, and the agreed upon consideration for the work\\nand materials.\\n (d) A notice to the owner purchasing the home improvement that the\\ncontractor or subcontractor who performs on the contract or the\\nmaterialman who provides home improvement goods or services and is not\\npaid may have a claim against the owner which may be enforced against\\nthe property in accordance with the applicable lien laws. Such home\\nimprovement contract shall also contain the following notice to the\\nowner in clear and conspicuous bold face type:\\n \"Any contractor, subcontractor, or materialman who provides home\\nimprovement goods or services pursuant to your home improvement contract\\nand who is not paid may have a valid legal claim against your property\\nknown as a mechanic's lien. Any mechanic's lien filed against your\\nproperty may be discharged. Payment of the agreed-upon price under the\\nhome improvement contract prior to filing of a mechanic's lien may\\ninvalidate such lien. The owner may contact an attorney to determine his\\nrights to discharge a mechanic's lien\".\\n (e) A notice to the owner purchasing the home improvement that, except\\nas otherwise provided in paragraph (g) of this subdivision, the home\\nimprovement contractor is legally required to deposit all payments\\nreceived prior to completion in accordance with subdivision four of\\nsection seventy-one-a of the lien law and that, in lieu of such deposit,\\nthe home improvement contractor may post a bond, contract of indemnity\\nor irrevocable letter of credit with the owner guaranteeing the return\\nor proper application of such payments to the purposes of the contract.\\n (f) If the contract provides for one or more progress payments to be\\npaid to the home improvement contractor by the owner before substantial\\ncompletion of the work, a schedule of such progress payments showing the\\namount of each payment, as a sum in dollars and cents, and specifically\\nidentifying the state of completion of the work or services to be\\nperformed, including any materials to be supplied before each such\\nprogress payment is due. The amount of any such progress payments shall\\nbear a reasonable relationship to the amount of work to be performed,\\nmaterials to be purchased, or expenses for which the contractor would be\\nobligated at the time of payment.\\n (g) If the contract provides that the home improvement contractor will\\nbe paid on a specified hourly or time basis for work that has been\\nperformed or charges for materials that have been supplied prior to the\\ntime that payment is due, such payments for such work or materials shall\\nnot be deemed to be progress payments for the purposes of paragraph (f)\\nof this subdivision, and shall not be required to be deposited in\\naccordance with the provisions of paragraph (e) of this subdivision.\\n (h) A notice to the owner that, in addition to any right otherwise to\\nrevoke an offer, the owner may cancel the home improvement contract\\nuntil midnight of the third business day after the day on which the\\nowner has signed an agreement or offer to purchase relating to such\\ncontract. Cancellation occurs when written notice of cancellation is\\ngiven to the home improvement contractor. Notice of cancellation, if\\ngiven by mail, shall be deemed given when deposited in a mailbox\\nproperly addressed and postage prepaid. Notice of cancellation shall be\\nsufficient if it indicates the intention of the owner not to be bound.\\nNotwithstanding the foregoing, this paragraph shall not apply to a\\ntransaction in which the owner has initiated the contact and the home\\nimprovement is needed to meet a bona fide emergency of the owner, and\\nthe owner furnishes the home improvement contractor with a separate\\ndated and signed personal statement in the owner's handwriting\\ndescribing the situation requiring immediate remedy and expressly\\nacknowledging and waiving the right to cancel the home improvement\\ncontract within three business days. For the purposes of this paragraph\\nthe term \"owner\" shall mean an owner or any representative of an owner.\\n 2. The writing shall be legible, in plain English, and shall be in\\nsuch form to describe clearly any other document which is to be\\nincorporated into the contract. Before any work is done, the owner\\nshall be furnished a copy of the written agreement, signed by the\\ncontractor. The writing may also contain other matters agreed to by the\\nparties to the contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "771-A", "title" : "Responsibilities of home improvement contractors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "771-A", "activeDate" : "2014-09-22", "sequenceNo" : 1224, "repealedDate" : null, "fromSection" : "771-A", "toSection" : "771-A", "text" : " § 771-a. Responsibilities of home improvement contractors. No home\\nimprovement contractor shall engage in any activity, transaction, or\\ncourse of business or pay or receive any fee, payment, money, or other\\nthing of value in connection with the financing of a home improvement\\ncontract without fully disclosing such activity, transaction, or course\\nof business and any fees, payment, or other thing of value paid or to be\\npaid in connection therewith, and without having obtained the agreement\\nin writing from all parties to the transaction to such activity and the\\npayment therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "771-B", "title" : "Responsibilities of roofing contractors", "docType" : "SECTION", "publishedDates" : [ "2019-11-29", "2020-05-29" ], "docLevelId" : "771-B", "activeDate" : "2020-05-29", "sequenceNo" : 1225, "repealedDate" : null, "fromSection" : "771-B", "toSection" : "771-B", "text" : " § 771-b. Responsibilities of roofing contractors. 1. Every roofing\\ncontractor shall enter into a written contract with an owner pursuant to\\nall of the provisions of section seven hundred seventy-one of this\\narticle before engaging in the business of roofing, gutter, downspout or\\nsiding services for such owner. In addition, the contract entered into\\nunder this section shall contain the name of the insurer, type of\\ninsurance coverage as required by subdivision nine of this section, and\\nthe insurance policy limits obtained by the roofing contractor.\\n 2. A roofing contractor shall not advertise or promise to pay or\\nrebate all or any portion of any insurance deductible as an inducement\\nto the sale of goods or services. As used in this section, a promise to\\npay or rebate includes granting any allowance or offering any discount\\nagainst the fees to be charged or paying the insured or any person\\ndirectly or indirectly associated with the property any form of\\ncompensation, gift, prize, bonus, coupon, credit, referral fee, or other\\nitem of monetary value for any reason.\\n 3. An owner who has entered into a written contract with a roofing\\ncontractor to provide goods or services to be paid under a property and\\ncasualty insurance policy may cancel the contract prior to midnight on\\nthe third business day after the insured party has received written\\nnotice from the insurer that all or any part of the claim or contract is\\nnot a covered loss under the insurance policy. Cancellation occurs when\\nwritten notice of cancellation is given to the roofing contractor.\\nNotice of cancellation, if given by registered or certified mail, shall\\nbe deemed given when deposited in a mailbox properly addressed and\\npostage prepaid. Notice of cancellation shall be sufficient if it\\nindicates the intention of the owner not to be bound. Notwithstanding\\nthe foregoing, this subdivision shall not apply to a transaction in\\nwhich the owner has initiated the contact and the roofing contract is\\nneeded to meet a bona fide emergency of the owner, and the owner\\nfurnishes the roofing contractor with a separate dated and signed\\npersonal statement in the owner's handwriting describing the situation\\nrequiring immediate remedy and expressly acknowledging and waiving the\\nright to cancel the roofing contract within three business days. For the\\npurposes of this subdivision the term \"owner\" shall mean an owner or any\\nrepresentative of an owner.\\n 4. Within ten days after a contract referred to in subdivision three\\nof this section has been cancelled, the roofing contractor shall tender\\nto the owner any payments, partial payments, or deposits made and any\\nnote or other evidence of indebtedness. If, however, the roofing\\ncontractor has performed any emergency services, acknowledged by the\\nowner in writing to be necessary to prevent damage to the premises, the\\nroofing contractor shall be entitled to the reasonable value of such\\nservices. Any provision in a contract referred to in this subdivision\\nthat requires the payment of any fee for anything except emergency\\nservices shall not be enforceable against the owner who has cancelled a\\ncontract pursuant to this section.\\n 5. A roofing contractor shall not require an owner to provide a\\ndeposit for the work and materials. A roofing contractor shall not\\nmandate that a particular form of payment be made in order to commence\\nperformance of the home improvement. A roofing contractor may invoice\\nfor payment of the materials portion of the project upon delivery of the\\nmaterials to the owner of the property. The material cost must be\\ndisclosed to the property owner in writing in advance of payment. A\\nroofing contractor may invoice the remainder of the project upon\\nsuccessful completion of all contracted work.\\n 6. A roofing contractor shall not abandon, or fail to perform, without\\njustification, any roofing contract, nor shall the roofing contractor\\ndeviate from or disregard plans or specifications in any material\\nrespect without the consent of the owner. A roofing contractor shall\\nabide by the applicable building code for the jurisdiction where the\\nresidential property is located.\\n 7. A roofing contractor shall not fail to pay for materials or\\nservices rendered in connection with a roofing contract where the\\ncontractor has received sufficient funds as payment for the particular\\ncontract for which the services or material were rendered or purchased.\\n 8. A roofing contractor shall not perform the reporting, adjusting, or\\nnegotiating a claim on behalf of the owner and shall not receive\\ncompensation for the referral to any entity that reports, adjusts or\\nnegotiates a claim on behalf of an owner. Nothing herein prevents a\\nroofing contractor from communicating with an insurance company\\nrepresentative and sharing his or her technical knowledge when the\\ninsurer initiates the communication.\\n 9. (a) A roofing contractor shall provide to the owner adequate proof\\nof insurance of the types and amounts set forth in this subdivision:\\n (1) A certificate of workers' compensation covering all employees of\\nthe roofing contractor. If the roofing contractor does not have any\\nemployees, then the contractor must provide a certificate of attestation\\nexemption (CE-200) form from the workers' compensation board; and\\n (2) Certificates of general liability and property damage insurance in\\nthe amount of one hundred thousand dollars per person, three hundred\\nthousand dollars per occurrence, bodily injury; and fifty thousand\\ndollars for each occurrence and aggregate, property damage.\\n (b) The insurance requirements set forth in this subdivision shall\\napply to roofing contracts performed in all political subdivisions that\\ndo not contain any insurance requirements for such contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "772", "title" : "Penalty for fraud", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "772", "activeDate" : "2014-09-22", "sequenceNo" : 1226, "repealedDate" : null, "fromSection" : "772", "toSection" : "772", "text" : " § 772. Penalty for fraud. 1. Any owner who is induced to contract for\\na home improvement, in reliance on false or fraudulent written\\nrepresentations or false written statements, may sue and recover from\\nsuch contractor a penalty of five hundred dollars plus reasonable\\nattorney's fees, in addition to any damages sustained by the owner by\\nreason of such statements or representations. In addition, if the court\\nfinds that the suit by the owner was without arguable legal merit, it\\nmay award reasonable attorney's fees to the contractor.\\n 2. Nothing in this article shall impair, limit, or reduce the\\nstatutory, common law or contractual duties or liability of any\\ncontractor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "773", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "773", "activeDate" : "2014-09-22", "sequenceNo" : 1227, "repealedDate" : null, "fromSection" : "773", "toSection" : "773", "text" : " § 773. Violations. 1. Technical violations. Every home improvement\\ncontractor who violates any of the provisions of this article shall be\\nsubject to a civil penalty not to exceed one hundred dollars.\\n 2. Substantial violations. Every home improvement contractor who fails\\nto deposit funds in an escrow account or provide a bond or contract of\\nindemnity or irrevocable letter of credit in compliance with the\\nrequirements of section seventy-one-a of the lien law, or who fails to\\nprovide a written contract substantially in compliance with the\\nrequirements of this article, shall be subject to a civil penalty not to\\nexceed the greater of two hundred fifty dollars for each violation or\\nfive percent of the aggregate contract price specified in the home\\nimprovement contract; provided, however, that in no event shall the\\ntotal penalty exceed twenty-five hundred dollars for each contract.\\n 3. Mitigating factors; defenses. In an instance where the contractor\\nhas been shown to have committed multiple violations of this article or\\nthe provisions of section seventy-one-a of the lien law, the court shall\\nconsider the following factors in assessing a civil penalty pursuant to\\nsubdivision two of this section: the volume of business which the home\\nimprovement contractor performs on an annual basis, the number of\\ncontracts in violation, the actual financial loss or exposure to\\nfinancial loss suffered by any owner as a result of the violations, and\\nwhether the home improvement contractor acted in good faith or willfully\\nwith respect to such violations. No home improvement contractor shall be\\nsubject to the increased penalties provided by subdivision two of this\\nsection if such contractor shows by a preponderance of the evidence that\\nthe violation was not intentional and resulted from a bona fide error\\nmade notwithstanding the maintenance of procedures reasonably adopted to\\navoid such a violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "774", "title" : "Action by the attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "774", "activeDate" : "2014-09-22", "sequenceNo" : 1228, "repealedDate" : null, "fromSection" : "774", "toSection" : "774", "text" : " § 774. Action by the attorney general. 1. Upon any violation of the\\nprovisions of this article, an application may be made by the attorney\\ngeneral in the name of the people of the state of New York to a court or\\njustice having jurisdiction to issue an injunction, and upon notice to\\nthe defendant of not less than five days, to enjoin and restrain the\\ncontinuance of the violation. If it shall appear to the satisfaction of\\nthe court or justice that the defendant has violated this section, an\\ninjunction may be issued by the court or justice, enjoining and\\nrestraining any further violation, without requiring proof that any\\nperson has, in fact, been injured or damaged thereby. In any such\\nproceeding, the court may make allowances to the attorney general as\\nprovided in paragraph six of subdivision (a) of section eight thousand\\nthree hundred three of the civil practice law and rules, and direct\\nrestitution.\\n In connection with an application made under this section, the\\nattorney general is authorized to take proof and to make a determination\\nof the relevant facts and to issue subpoenas in accordance with the\\ncivil practice law and rules.\\n 2. The provisions of this article may be enforced concurrently by the\\ndirector of a municipal consumer affairs office, or by the town\\nattorney, city corporation counsel, or other lawful designee of a\\nmunicipality or local government, and all moneys collected thereunder\\nshall be retained by such municipality or local government.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "775", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "775", "activeDate" : "2014-09-22", "sequenceNo" : 1229, "repealedDate" : null, "fromSection" : "775", "toSection" : "775", "text" : " § 775. Applicability. This article shall not exempt any contractor\\nsubject to its provisions from complying with any local law with respect\\nto the regulation of home improvement contractors, provided, however,\\nthat after the effective date of this article, no political subdivision\\nmay enact a local law inconsistent with the provisions of section seven\\nhundred seventy-one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "776", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "776", "activeDate" : "2014-09-22", "sequenceNo" : 1230, "repealedDate" : null, "fromSection" : "776", "toSection" : "776", "text" : " § 776. Severability. If any clause, sentence, paragraph, subdivision\\nor part of this article or the application thereof to any person, firm\\nor corporation, or circumstance, shall be adjudged by any court of\\ncompetent jurisdiction to be invalid or unconstitutional, such judgment\\nshall not affect, impair or invalidate the remainder thereof, but shall\\nbe confined in its operation to the clause, sentence, paragraph,\\nsubdivision, or part of this article; or in its application to the\\nperson, firm or corporation, or circumstance, directly involved in the\\ncontroversy in which such judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A36-B", "title" : "Warranties On Sales of New Homes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36-B", "activeDate" : "2014-09-22", "sequenceNo" : 1231, "repealedDate" : null, "fromSection" : "777", "toSection" : "777-B", "text" : " ARTICLE 36-B\\n WARRANTIES ON SALES OF NEW HOMES\\nSection 777. Definitions.\\n 777-a. Housing merchant implied warranty.\\n 777-b. Exclusion or modification of warranties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "777", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "777", "activeDate" : "2014-09-22", "sequenceNo" : 1232, "repealedDate" : null, "fromSection" : "777", "toSection" : "777", "text" : " § 777. Definitions. As used in this article, the following terms shall\\nhave the following meanings:\\n 1. \"Builder\" means any person, corporation, partnership or other\\nentity contracting with an owner for the construction or sale of a new\\nhome.\\n 2. \"Building code\" means the uniform fire prevention and building code\\npromulgated under section three hundred seventy-seven of the executive\\nlaw, local building code standards approved by the uniform fire\\nprevention and building code council under section three hundred\\nseventy-nine of the executive law, and the building code of the city of\\nNew York, as defined in title twenty-seven of the administrative code of\\nthe city of New York.\\n 3. \"Constructed in a skillful manner\" means that workmanship and\\nmaterials meet or exceed the specific standards of the applicable\\nbuilding code. When the applicable building code does not provide a\\nrelevant specific standard, such term means that workmanship and\\nmaterials meet or exceed the standards of locally accepted building\\npractices.\\n 4. \"Material defect\" means actual physical damage to the following\\nload-bearing portions of the home caused by failure of such load-bearing\\nportions which affects their load-bearing functions to the extent that\\nthe home becomes unsafe, unsanitary or otherwise unliveable: foundation\\nsystems and footings, beams, girders, lintels, columns, walls and\\npartitions, floor systems, and roof framing systems.\\n 5. \"New home\" or \"home\" means any single family house or for-sale unit\\nin a multi-unit residential structure of five stories or less in which\\ntitle to the individual units is transferred to owners under a\\ncondominium or cooperative regime. Such terms do not include dwellings\\nconstructed solely for lease, mobile homes as defined in section seven\\nhundred twenty-one of this chapter, or any house or unit in which the\\nbuilder has resided or leased continuously for three years or more\\nfollowing the date of completion of construction, as evidenced by a\\ncertificate of occupancy.\\n 6. \"Owner\" means the first person to whom the home is sold and, during\\nthe unexpired portion of the warranty period, each successor in title to\\nthe home and any mortgagee in possession. Owner does not include the\\nbuilder of the home or any firm under common control of the builder.\\n 7. \"Plumbing, electrical, heating, cooling and ventilation systems\"\\nshall mean:\\n a. in the case of plumbing systems: gas supply lines and fittings;\\nwater supply, waste and vent pipes and their fittings; septic tanks and\\ntheir drain fields; water, gas and sewer service piping, and their\\nextensions to the tie-in of a public utility connection, or on-site well\\nand sewage disposal system;\\n b. in the case of electrical systems: all wiring, electrical boxes,\\nswitches, outlets and connections up to the public utility connection;\\nand\\n c. in the case of heating, cooling and ventilation systems: all duct\\nwork, steam, water and refrigerant lines, registers, convectors,\\nradiation elements and dampers.\\n 8. \"Warranty date\" means the date of the passing of title to the first\\nowner for occupancy by such owner or such owner's family as a residence,\\nor the date of first occupancy of the home as a residence, whichever\\nfirst occurs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "777-A", "title" : "Housing merchant implied warranty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "777-A", "activeDate" : "2014-09-22", "sequenceNo" : 1233, "repealedDate" : null, "fromSection" : "777-A", "toSection" : "777-A", "text" : " § 777-a. Housing merchant implied warranty. 1. Notwithstanding the\\nprovisions of section two hundred fifty-one of the real property law, a\\nhousing merchant implied warranty is implied in the contract or\\nagreement for the sale of a new home and shall survive the passing of\\ntitle. A housing merchant implied warranty shall mean that:\\n a. one year from and after the warranty date the home will be free\\nfrom defects due to a failure to have been constructed in a skillful\\nmanner;\\n b. two years from and after the warranty date the plumbing,\\nelectrical, heating, cooling and ventilation systems of the home will be\\nfree from defects due to a failure by the builder to have installed such\\nsystems in a skillful manner; and\\n c. six years from and after the warranty date the home will be free\\nfrom material defects.\\n 2. Unless the contract or agreement by its terms clearly evidences a\\ndifferent intention of the seller, a housing merchant implied warranty\\ndoes not extend to:\\n a. any defect that does not constitute (i) defective workmanship by\\nthe builder or by an agent, employee or subcontractor of the builder,\\n(ii) defective materials supplied by the builder or by an agent,\\nemployee or subcontractor of the builder, or (iii) defective design\\nprovided by a design professional retained exclusively by the builder;\\nor\\n b. any patent defect which an examination ought in the circumstances\\nto have revealed, when the buyer before taking title or accepting\\nconstruction as complete has examined the home as fully as the buyer\\ndesired, or has refused to examine the home.\\n 3. In the case of goods sold incidentally with or included in the sale\\nof the new home, such as stoves, refrigerators, freezers, room air\\nconditioners, dishwashers, clothes washers and dryers, a housing\\nmerchant implied warranty shall mean that such goods shall be free from\\ndefects due to failure by the builder or any agent, employee or\\nsubcontractor of the builder to have installed such systems in a\\nskillful manner. Merchantability, fitness and all other implied\\nwarranties with respect to goods shall be governed by part three of\\narticle two of the uniform commercial code and other applicable\\nstatutes.\\n 4. a. Written notice of a warranty claim for breach of a housing\\nmerchant implied warranty must be received by the builder prior to the\\ncommencement of any action under paragraph b of this subdivision and no\\nlater than thirty days after the expiration of the applicable warranty\\nperiod, as described in subdivision one of this section. The owner and\\noccupant of the home shall afford the builder reasonable opportunity to\\ninspect, test and repair the portion of the home to which the warranty\\nclaim relates.\\n b. An action for damages or other relief caused by the breach of a\\nhousing merchant implied warranty may be commenced prior to the\\nexpiration of one year after the applicable warranty period, as\\ndescribed in subdivision one of this section, or within four years after\\nthe warranty date, whichever is later. In addition to the foregoing, if\\nthe builder makes repairs in response to a warranty claim under\\nparagraph a of this subdivision, an action with respect to such claim\\nmay be commenced within one year after the last date on which such\\nrepairs are performed. The measure of damages shall be the reasonable\\ncost of repair or replacement and property damage to the home\\nproximately caused by the breach of warranty, not to exceed the\\nreplacement cost of the home exclusive of the value of the land, unless\\nthe court finds that, under the circumstances, the diminution in value\\nof the home caused by the defect is a more equitable measure of damages.\\n c. In addition to any other period for the commencement of an action\\npermitted by law, an action for contribution or indemnification may be\\ncommenced at any time prior to the expiration of one year after the\\nentry of judgment in an action for damages under paragraph b of this\\nsubdivision.\\n 5. Except as otherwise provided in section seven hundred\\nseventy-seven-b of this article, any provision of a contract or\\nagreement for the sale of a new home which excludes or modifies a\\nhousing merchant implied warranty shall be void as contrary to public\\npolicy.\\n 6. Except as otherwise provided in section seven hundred\\nseventy-seven-b of this article, other implied warranties may arise from\\nthe terms of the contract or agreement or from course of dealing or\\nusage of trade.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "777-B", "title" : "Exclusion or modification of warranties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "777-B", "activeDate" : "2014-09-22", "sequenceNo" : 1234, "repealedDate" : null, "fromSection" : "777-B", "toSection" : "777-B", "text" : " § 777-b. Exclusion or modification of warranties. 1. Except in the\\ncase of a housing merchant implied warranty, the builder or seller of a\\nnew home may exclude or modify all warranties by any clear and\\nconspicuous terms contained in the written contract or agreement of sale\\nwhich call the buyer's attention to the exclusion or modification of\\nwarranties and make the exclusion or modification plain.\\n 2. Except in the case of a housing merchant implied warranty, the\\nbuilder or seller of a new home may exclude or modify warranties with\\nrespect to particular defects by any clear and conspicuous terms\\ncontained in the written contract or agreement of sale which identify\\nsuch defects, call the buyer's attention to the exclusion or\\nmodification of warranties and make the exclusion or modification plain.\\n 3. A housing merchant implied warranty may be excluded or modified by\\nthe builder or seller of a new home only if the buyer is offered a\\nlimited warranty in accordance with the provisions of this subdivision.\\n a. A copy of the express terms of the limited warranty shall be\\nprovided in writing to the buyer for examination prior to the time of\\nthe buyer's execution of the contract or agreement to purchase the home.\\n b. A copy of the express terms of the limited warranty shall be\\nincluded in, or annexed to and incorporated in, the contract or\\nagreement.\\n c. The language of the contract or agreement for sale of the home must\\nconspicuously mention the housing merchant implied warranty and provide\\nthat the limited warranty excludes or modifies the implied warranty.\\nLanguage to exclude all implied warranties is sufficient if it states,\\nfor example, that \"There are no warranties which extend beyond the face\\nhereof.\"\\n d. The limited warranty shall meet or exceed the standards provided in\\nsubdivisions four and five of this section.\\n 4. A limited warranty sufficient to exclude or modify a housing\\nmerchant implied warranty must be written in plain English and must\\nclearly disclose:\\n a. that the warranty is a limited warranty which limits implied\\nwarranties on the sale of the home; the words \"limited warranty\" must be\\nclearly and conspicuously captioned at the beginning of the warranty\\ndocument;\\n b. the identification of the names and addresses of all warrantors;\\n c. the identification of the party or parties to whom the warranty is\\nextended and whether it is extended to subsequent owners; the limited\\nwarranty must be extended to the first owner of the home and survive the\\npassing of title but may exclude any or all subsequent owners;\\n d. a statement of the products or parts covered by the limited\\nwarranty;\\n e. the clear and conspicuous identification of any parts or portions\\nof the home or premises that are excepted or excluded from warranty\\ncoverage, and the standards that will be used to determine whether a\\ndefect has occurred; provided, however, that:\\n i. any exception, exclusion or standard which does not meet or exceed\\na relevant specific standard of the applicable building code, or in the\\nabsence of such relevant specific standard a locally accepted building\\npractice, shall be void as contrary to public policy and shall be deemed\\nto establish the applicable building code standard or locally accepted\\nbuilding practice as the warranty standard; and\\n ii. any exception, exclusion or standard that fails to ensure that the\\nhome is habitable, by permitting conditions to exist which render the\\nhome unsafe, shall be void as contrary to public policy.\\n f. what the builder and any other warrantor will do when a defect\\ncovered by the warranty does arise, and the time within which the\\nbuilder and any other warrantor will act;\\n g. the term of the warranty coverage and when the term begins,\\nprovided, however, that such term shall be equal to or exceed the\\nwarranty periods of a housing merchant implied warranty, as defined in\\nsubdivision one of section seven hundred seventy-seven-a of this\\narticle;\\n h. step-by-step claims procedures required to be undertaken by the\\nowner, if any, including directions for notification of the builder and\\nany other warrantor; an owner shall not be required to submit to binding\\narbitration or to pay any fee or charge for participation in nonbinding\\narbitration or any mediation process;\\n i. any limitations on or exclusions of consequential or incidental\\ndamages, and any limitations on the builder's and other warrantor's\\ntotal liability, conspicuously expressed on the first page of the\\nwarranty. Notwithstanding the foregoing, a limited warranty shall not be\\nconstrued to permit any limitation on or exclusion of property damage to\\nthe home proximately caused by a breach of the limited warranty, where\\nthe court finds that such limitation or exclusion would cause the\\nlimited warranty to fail of its essential purpose, except that such\\nproperty damage may be limited by an express limitation on the builder's\\nor other warrantor's total liability in accordance with the provisions\\nof this paragraph.\\n 5. a. This article shall not be construed to authorize or validate any\\ncovenant, promise, agreement or understanding which is void and\\nunenforceable under section 5-322.1 of the general obligations law.\\n b. This article shall preempt any local law inconsistent with the\\nprovisions of this article. This article shall not preempt any builder\\nsubject to its provisions from complying with any local law with respect\\nto the regulation of home builders except as expressly provided herein.\\n c. Nothing in this article shall be construed to repeal, invalidate,\\nsupersede or restrict any right, liability or remedy provided by any\\nother statute of the state, except where such construction would, as a\\nmatter of law, be unreasonable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A36-C", "title" : "Down Payments In the Purchase and Sale of Residential Real Estate", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36-C", "activeDate" : "2014-09-22", "sequenceNo" : 1235, "repealedDate" : null, "fromSection" : "778", "toSection" : "778-A", "text" : " ARTICLE 36-C\\n DOWN PAYMENTS IN THE PURCHASE AND SALE OF RESIDENTIAL\\n REAL ESTATE\\nSection 778. Definitions.\\n 778-a. Contracts requiring down payments in escrow.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "778", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "778", "activeDate" : "2014-09-22", "sequenceNo" : 1236, "repealedDate" : null, "fromSection" : "778", "toSection" : "778", "text" : " § 778. Definitions. When used in this article, the following terms,\\nunless the context requires otherwise, shall have the following\\nmeanings:\\n 1. \"Bank\" means a bank, trust company, savings bank, or state or\\nfederal savings and loan association which is located within this state.\\n 2. \"Contract\" means a written agreement between a seller and buyer for\\nthe sale and purchase of a home.\\n 3. \"Down payment\" means a contract deposit or similar advance toward\\nthe purchase price of a home that a buyer gives to an escrow agent\\npursuant to the provisions of a contract.\\n 4. \"Escrow agent\" means a person, other than a seller, who holds a\\nbuyer's down payment deposit pursuant to the provisions of a contract.\\n 5. \"Home\" means an existing, previously occupied one or two-family\\ndwelling intended to be used primarily as a residence, or a residential\\nunit in a multi-unit structure in which title or shares of stock are\\ntransferred to buyers under a condominium or cooperative regime. It does\\nnot mean a mobile home as defined in section seven hundred twenty-one of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "778-A", "title" : "Contracts requiring down payments in escrow", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "778-A", "activeDate" : "2014-09-22", "sequenceNo" : 1237, "repealedDate" : null, "fromSection" : "778-A", "toSection" : "778-A", "text" : " § 778-a. Contracts requiring down payments in escrow. 1. An escrow\\nagent who undertakes to hold a buyer's down payment in the purchase and\\nsale of a home shall have the fiduciary obligation to segregate and\\nsafeguard the buyer's down payment in a special bank account, and shall\\nnot commingle such down payment with the escrow agent's personal or\\nbusiness funds.\\n 2. A contract which requires that a down payment be held in escrow\\nshall identify the escrow agent and the bank in which the down payment\\nshall be deposited during the term of the escrow.\\n 3. An escrow agent shall not be required to maintain a down payment in\\na bank account which is separate from all other bank accounts, provided\\nthe escrow agent's books of account and banking records shall accurately\\nshow the allocation to each owner of all funds that are deposited in the\\nescrow agent's special bank account and all transactions relating to the\\nreceipt and disbursement of escrow funds.\\n 4. Unless the contract provides otherwise, an escrow agent shall not\\nbe required to deposit the down payment in an interest-bearing bank\\naccount. If the escrow agent is an attorney admitted to practice in this\\nstate, a bank account authorized by section four hundred ninety-seven of\\nthe judiciary law shall be a lawful depository for down payments held by\\nthe attorney in escrow.\\n 5. The provisions of this section may be modified by a written\\nagreement signed by the buyer, seller and escrow agent.\\n 6. The provisions of this section are not exclusive and do not relieve\\na buyer, seller or escrow agent from compliance with all other\\napplicable provisions of law, or from civil or criminal liability\\nimposed by other applicable provisions of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A36-D", "title" : "Home Heating System Conversion", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36-D", "activeDate" : "2014-09-22", "sequenceNo" : 1238, "repealedDate" : null, "fromSection" : "778-AA", "toSection" : "778-AA", "text" : " ARTICLE 36-D\\n HOME HEATING SYSTEM CONVERSION\\nSection 778-aa. Home heating system conversion.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "778-AA", "title" : "Home heating system conversion", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-27", "2020-03-06", "2020-03-20", "2020-04-24" ], "docLevelId" : "778-AA", "activeDate" : "2020-04-24", "sequenceNo" : 1239, "repealedDate" : null, "fromSection" : "778-AA", "toSection" : "778-AA", "text" : " § 778-aa. Home heating system conversion. 1. All home improvement\\ncontractors as defined in subdivision five of section seven hundred\\nseventy of this chapter or any other person providing an estimate or\\nengaged in the installation of home heating systems shall include in any\\nestimate of the cost of converting an existing oil home heating system\\nto a natural gas, electric or any other home heating system a separate\\nestimate detailing the costs related to the closure, abandonment and/or\\nremoval of a home heating oil storage tank. In addition, any person\\nmaking such estimate shall also provide a copy of any applicable local\\nlaw, or if there is no local law then such person shall provide a\\nwritten statement to that effect.\\n 2. Every estimate of the cost to secure a storage tank as part of a\\nhome heating system conversion shall include the removal of all fill and\\nvent pipes and such other related materials and/or equipment.\\n 3. Upon entering into an agreement for the conversion of an existing\\nhome heating system from an oil home heating system to an alternative\\nmethod of home heating, and prior to the commencement of the new home\\nheating service, any home improvement contractor installing the\\nalternate home heating system shall provide to the homeowner a written\\ncopy of the notice created by the department of state pursuant to\\nsubdivision five of this section, in no less than 14 point bold type and\\nseparate from any other document provided to such homeowner and provide\\nas may be required by state or local law, written notice of the\\nagreement for the conversion of an existing home heating system to the\\nmunicipal code enforcement official having authority to enforce the New\\nYork state uniform fire prevention and building code, or local code\\napplicable to cities with a population of one million or more, whichever\\ncode applies to the jurisdiction in which the home heating system is\\nlocated.\\n 4. (a) Prior to the commencement of the new home heating service, the\\nproperty owner shall provide written notice to such property owner's\\nheating oil supplier or suppliers to inform them of such conversion to\\nan alternate fuel prior to the commencement of the new home heating\\nservice.\\n (b) The department of state shall have the authority to promulgate any\\nrules or regulations necessary to implement the provisions of this\\nsubdivision.\\n 5. The department of state shall create and make available to the\\npublic on the department's website a notice informing homeowners who are\\nconverting their existing oil home heating system to an alternative\\nmethod of home heating of the provisions of subdivision thirteen of\\nsection three hundred seventy-eight of the executive law, in addition to\\nany other state laws, rules, or regulations related to the closure,\\nabandonment, and/or removal of a heating oil storage tank, including\\nfill and vent pipes and other related materials and equipment. Such\\nnotice shall include information to inform the homeowner that the\\nhomeowner shall provide written notice to his or her home heating oil\\nsupplier to inform such supplier of such conversion prior to the\\ncommencement of the new home heating service, and shall also advise the\\nhomeowner that there may be other local laws related to such conversion.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A37", "title" : "Deposits On Construction of New Homes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37", "activeDate" : "2014-09-22", "sequenceNo" : 1240, "repealedDate" : null, "fromSection" : "779", "toSection" : "785", "text" : " ARTICLE 37\\n DEPOSITS ON CONSTRUCTION OF NEW HOMES\\nSection 779. Applicability.\\n 780. Definitions.\\n 781. Security to be furnished by vendor.\\n 782. Alternative to posting bond.\\n 783. Disposition of security.\\n 784. Penalties and liabilities.\\n 785. Waiver prohibited.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "779", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "779", "activeDate" : "2014-09-22", "sequenceNo" : 1241, "repealedDate" : null, "fromSection" : "779", "toSection" : "779", "text" : " § 779. Applicability. Any municipality is hereby authorized to adopt\\nthe provisions of this article provided such municipality, after a\\npublic hearing, adopts a local law or ordinance providing therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "780", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "780", "activeDate" : "2014-09-22", "sequenceNo" : 1242, "repealedDate" : null, "fromSection" : "780", "toSection" : "780", "text" : " § 780. Definitions. When used in this article, the following terms,\\nunless the context requires otherwise, shall have the following\\nmeanings.\\n 1. \"Vendee\" means any individual or individuals who have contracted\\nwith a vendor for construction of a home on land not owned at the time\\nof such agreement by such individual or individuals.\\n 2. \"Vendor\" means any person, firm, corporation, or association\\nengaged in the business of erecting or constructing homes.\\n 3. \"Home\" means a new one or two family dwelling intended to be used\\nprimarily as a residence.\\n 4. \"Municipality\" means any town, village or city.\\n 5. \"Default\" occurs where title to the home is not transferred to the\\nvendee because of the failure of the vendor to substantially perform\\nthose provisions of the agreement between the vendor and vendee wherein\\nvendor undertook to build or construct a home for the vendee, or where\\nthe vendor becomes insolvent.\\n 6. \"Deposit\" means any moneys given as down payment by the vendee to\\nthe vendor as required by the vendor prior to the commencement of the\\nwork to be performed pursuant to an agreement between the vendor and\\nvendee wherein vendor undertook to build or construct a home for the\\nvendee.\\n 7. \"Demand\" means communication of an actual notice to the vendor of\\nrequests made therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "781", "title" : "Security to be furnished by vendor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "781", "activeDate" : "2014-09-22", "sequenceNo" : 1243, "repealedDate" : null, "fromSection" : "781", "toSection" : "781", "text" : " § 781. Security to be furnished by vendor. When a vendor undertakes to\\nbuild or construct a home for a vendee, and such vendee is required to\\npay a deposit to such vendor, the vendor shall post with the chief\\nfiscal officer of the municipality wherein such home is to be erected or\\nconstructed, a bond in the amount of such deposit or deposits. Such bond\\nshall be posted within five business days after receipt of said deposit\\nor deposits, by the vendor, and shall secure the payment of said deposit\\nto the vendee upon the vendor's default. Such bond shall be in such form\\nas required by the superintendent of financial services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "782", "title" : "Alternative to posting bond", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "782", "activeDate" : "2014-09-22", "sequenceNo" : 1244, "repealedDate" : null, "fromSection" : "782", "toSection" : "782", "text" : " § 782. Alternative to posting bond. In lieu of posting a bond as\\nprovided in this article, the vendor shall place the deposit or deposits\\npaid to him by the vendee in an interest bearing escrow account with a\\nbank as defined in the banking law within five business days after\\nreceipt of such deposit or deposits. Such deposit or deposits together\\nwith interest accumulated thereon shall remain the property of the\\nvendee, except as otherwise provided herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "783", "title" : "Disposition of security", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "783", "activeDate" : "2014-09-22", "sequenceNo" : 1245, "repealedDate" : null, "fromSection" : "783", "toSection" : "783", "text" : " § 783. Disposition of security. 1. Upon transfer of title of the home\\nto the vendee the bond posted pursuant to this article shall be\\nreleased, and any funds held in escrow pursuant to the provisions of\\nthis article, together with interest accumulated thereon shall become\\nthe property of the vendor, unless otherwise agreed between the vendor\\nand vendee.\\n 2. Upon default by the vendor, the vendee may demand return of his\\ndeposit or deposits from the vendor. If the vendor has placed the\\ndeposit or deposits in an escrow account pursuant to the provisions of\\nthis article, he shall physically transfer the account to the vendee, or\\npay the balance of said account to the vendee within fourteen business\\ndays after the day on which the demand was made. If the vendor has\\nposted a bond pursuant to the provisions of this article, the vendee may\\ninitiate action for payment thereon if his deposit or deposits have not\\nbeen paid to such vendee by the vendor within fourteen business days\\nafter the day in which said demand was made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "784", "title" : "Penalties and liabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "784", "activeDate" : "2014-09-22", "sequenceNo" : 1246, "repealedDate" : null, "fromSection" : "784", "toSection" : "784", "text" : " § 784. Penalties and liabilities. 1. Failure of the vendor to comply\\nwith any of the provisions of this article is a misappropriation of\\nfunds and action may be brought by the vendee against the vendor for the\\nreturn of any moneys advanced. In addition, such vendor shall be liable\\nfor criminal action pursuant to the provisions of subdivision two of\\nthis section.\\n 2. Failure of the vendor to comply with any of the provisions of this\\narticle shall be deemed a misdemeanor.\\n 3. Nothing in this article shall impair, limit or reduce the\\nstatutory, common law or contractual duties or liability of any vendor\\nin the construction of a home nor shall these provisions apply to any\\nlocal law or ordinance which requires the posting of public improvement\\nbonds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "785", "title" : "Waiver prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "785", "activeDate" : "2014-09-22", "sequenceNo" : 1247, "repealedDate" : null, "fromSection" : "785", "toSection" : "785", "text" : " § 785. Waiver prohibited. Any agreement entered into by a vendee which\\nwaives, limits or disclaims the rights or obligations set forth in this\\narticle shall be void as contrary to public policy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A37-A", "title" : "Registration of Hearing Aid Dispensers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37-A", "activeDate" : "2014-09-22", "sequenceNo" : 1248, "repealedDate" : null, "fromSection" : "788", "toSection" : "805", "text" : " ARTICLE 37-A\\n REGISTRATION OF HEARING AID DISPENSERS\\nSection 788. Legislative intent.\\n 789. Definitions.\\n 790. Certificate of registration required; qualifications and\\n application.\\n 791. Hearing aid dispensing advisory board.\\n 792. Hearing aid dispensers account.\\n 793. Registry.\\n 794. Continuing education requirements.\\n 795. Renewal of certificate of registration or temporary\\n certificate of registration.\\n 796. Training program; requirements; examination and\\n re-examination.\\n 797. Fees.\\n 798. Business practice; requirements.\\n 799. Administration; suspension and revocation of registrations;\\n fines; reprimands.\\n 800. Denial of registration; complaints; notice of hearing.\\n 801. Judicial review.\\n 802. Special provisions; not-for-profit sales.\\n 803. Powers of the secretary.\\n 804. Penalties.\\n 805. Separability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "788", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "788", "activeDate" : "2014-09-22", "sequenceNo" : 1249, "repealedDate" : null, "fromSection" : "788", "toSection" : "788", "text" : " § 788. Legislative intent. The legislature recognizes and acknowledges\\nthe value of hearing aids to many individuals with hearing loss and\\nrecognizes the valuable service provided by hearing aid dispensers and\\ndispensing audiologists to such individuals by providing access to\\nappropriate amplification devices and other valuable services related to\\ntheir use. Due to the large number of individuals with hearing loss who\\ndo not use hearing aids, the legislature furthermore recognizes the\\npositive benefits of the increased use of hearing aids. It is the intent\\nof the legislature and this article to protect the hearing-impaired\\npublic by ensuring competent, honest and accountable dispensers of\\nhearing aids who will protect the health, safety and welfare of the\\npeople of this state.\\n The legislature finds and declares that existing laws regulating the\\ndispensing of hearing aids have been ineffective in providing adequate\\nprotection. To ensure against consumer abuses and thereby protect the\\npublic, the legislature determines that more rigorous education,\\ntraining and business practice standards should be applied to those\\npersons registered to dispense hearing aids pursuant to this article. It\\nis the intention of the legislature to apply standards to more fully\\nprotect the general public, and to ensure continued consumer access to\\nsafe, reliable and appropriate hearing aid dispensing services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "789", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "789", "activeDate" : "2014-09-22", "sequenceNo" : 1250, "repealedDate" : null, "fromSection" : "789", "toSection" : "789", "text" : " § 789. Definitions. As used in this article:\\n 1. \"Account\" shall mean the hearing aid dispensing account.\\n 2. \"Audiologist\" means an individual who is licensed under article one\\nhundred fifty-nine of the education law to evaluate hearing, and hearing\\nand communication disorders and to engage in those practices defined in\\nsection eighty-two hundred three of the education law.\\n 3. \"Board\" shall mean the hearing aid dispensing advisory board.\\n 4. \"Business\" means any individual, partnership, trust, association,\\norganization or corporation.\\n 5. \"Department\" means the department of state.\\n 6. \"Dispensing of hearing aids\" means the act of fitting, selecting,\\nselling, renting, adapting or servicing of hearing aids or any other\\ninstrument to compensate for impaired hearing; provided that such term\\nshall include testing of hearing, solely for the purpose of fitting,\\nselecting, selling, distribution, renting, adapting or servicing hearing\\naids or any instrument to compensate for impaired hearing, the making of\\nimpressions, castings and shells and appropriate counseling and\\ninstructions pertaining to the selection, adaptation and sale or rental\\nof hearing aids and further provided that such term shall include any\\ntasks, procedures, acts, or practices that are necessary (a) for the\\nnon-diagnostic testing of hearing solely for the purpose of fitting a\\nhearing aid; (b) for training in the use of amplification including\\nhearing aids; (c) for the making of ear molds for hearing aids; (d) for\\nthe fitting, dispensing, and sale of hearing aids; or (e) for otoscopic\\nobservation of solely the ear canal for the purposes of fitting,\\ndispensing or sale of hearing aids; provided, however, that nothing\\ncontained in this subdivision shall be deemed to permit the performance\\nof or reference to an otoscopic evaluation for medical diagnosis; and\\n(f) for those other procedures necessary to determine proper\\namplification needs and the specific hearing aid which will be of\\nmaximum benefit to aid or to compensate for the impaired ear. Testing\\nfor the purpose of fitting a hearing aid shall include only such tests\\nmeeting standards acceptable to the secretary as needed to verify the\\noptimum fitting characteristics and circuitry of any hearing aids or\\namplification devices needed and shall not be for the purposes of, make\\nany reference to, or include any medical diagnosis whatsoever. No\\nhearing aid dispenser shall verbally or in writing make a statement or\\nreference to a prospective hearing aid user regarding any medical\\ncondition or diagnosis except such communications required pursuant to\\nparagraph (c) of subdivision eight of section seven hundred ninety-eight\\nof this article. Nothing in this subdivision shall restrict or limit any\\nperson licensed under article one hundred fifty-nine of the education\\nlaw from performing any activity authorized thereunder; provided,\\nhowever, that every such person shall be registered as a hearing aid\\ndispenser pursuant to the requirements of this article in order to\\ndispense hearing aids.\\n 7. \"Hearing aid\" means any wearable instrument or device designed for\\nor offered for the purpose of aiding or compensating for impaired human\\nhearing and any parts, attachments or accessories but excluding\\nbatteries and cords or accessories thereto.\\n 8. \"Hearing aid dispenser\" means any person twenty-one years of age or\\nolder or an audiologist licensed under article one hundred fifty-nine of\\nthe education law who is engaged in the dispensing of hearing aids who\\nis registered and dispensing hearing aids in accordance with this\\narticle.\\n 9. \"Otolaryngologist\" means a physician licensed under article one\\nhundred thirty-one of the education law, who practices that branch of\\nmedicine which treats diseases of the ear, nose and throat.\\n 10. \"Secretary\" means the secretary of state.\\n 11. \"Sell\" or \"sale\" means any transfer of title or of the right of\\nuse by sale, conditional sales contract, lease bailments, including\\nrentals of hearing aids hire-purchase, or any other means; excluding\\nwholesale transactions of dealers and distributors.\\n 12. \"Trainee\" means a person twenty-one years of age or older, who\\nupon receiving a temporary certificate of registration, is studying\\nhearing aid dispensing full-time for the purpose of qualifying to sit\\nfor the registration examination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "790", "title" : "Certificate of registration required; qualifications and application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "790", "activeDate" : "2014-09-22", "sequenceNo" : 1251, "repealedDate" : null, "fromSection" : "790", "toSection" : "790", "text" : " § 790. Certificate of registration required; qualifications and\\napplication. 1. Any person desiring to be engaged in the dispensing of\\nhearing aids in this state shall be registered biennially pursuant to\\nthis article. Such person shall file with the secretary an application\\nto be registered as a hearing aid dispenser. The secretary shall examine\\neach application and issue a certificate of registration if either of\\nthe following criteria are satisfied:\\n (a) (i) the applicant is twenty-one years of age or older;\\n (ii) is of good moral character;\\n (iii) has received a high school diploma or its equivalent;\\n (iv) has two years college accredited coursework or its equivalent;\\n (v) has fully completed the required training program;\\n (vi) has achieved a passing score on the required examination;\\n (vii) has not had a registration, license or other authorization to\\ndispense hearing aids suspended or revoked;\\n (viii) has paid the appropriate fees according to the provisions of\\nsection seven hundred ninety-seven of this article; and\\n (ix) on or after January first, two thousand three, the applicant\\nshall demonstrate the successful completion of post-secondary coursework\\napproved by the secretary in conjunction with the advisory board; or\\n (b) (i) the applicant has submitted proof of licensure under article\\none hundred fifty-nine of the education law as a licensed audiologist;\\n (ii) has paid the appropriate fees according to the provisions of\\nsection seven hundred ninety-seven of this article;\\n (iii) has achieved a passing score on the practical test of\\nproficiency required pursuant to subdivision six of section seven\\nhundred ninety-six of this article or who submits evidence satisfactory\\nto the secretary of experience in dispensing hearing aids; and\\n (iv) has not had a registration, license or other authorization to\\ndispense hearing aids suspended or revoked according to the provisions\\nof section seven hundred ninety-nine of this article.\\n 2. An application for a certificate of registration as a hearing aid\\ndispenser shall be filed with the secretary in such form and detail as\\nthe secretary shall prescribe, duly signed and verified, setting forth:\\n (a) the name and address of the applicant;\\n (b) the name and business address or addresses at which the individual\\nwill be employed;\\n (c) the information contained in subdivision one of this section; and\\n (d) any further information deemed necessary and prescribed by rule or\\nregulation by the secretary.\\n 3. (a) Any person who has been continuously registered as a hearing\\naid dealer pursuant to the former article thirty-seven-A of this chapter\\nfor the three years immediately preceding January first, two thousand or\\nwho submits evidence satisfactory to the secretary of experience in the\\nbusiness of dispensing hearing aids in this state for the three years\\nimmediately preceding January first, two thousand, upon payment of\\napplicable fees, shall be registered as a hearing aid dispenser and\\nshall be exempt from requirements set forth in subparagraphs (iv), (v),\\n(vi) and (ix) of paragraph (a) of subdivision one of this section.\\n (b) Any person who has been continuously registered as a hearing aid\\ndealer pursuant to the former article thirty-seven-A of this chapter for\\nless than three years but more than one year immediately preceding\\nJanuary first, two thousand, or who submits evidence satisfactory to the\\nsecretary of less than three years but more than one year's continuous\\nexperience in the business of dispensing hearing aids in this state\\nimmediately preceding January first, two thousand, may pay the\\napplicable fees and register as a hearing aid dispenser. Such registrant\\nshall be exempt from the requirements set forth in subparagraphs (iv),\\n(v) and (ix) of paragraph (a) of subdivision one of this section. Such\\nregistrant shall achieve a passing score on the required registration\\nexamination by December thirty-first, two thousand; provided further\\nthat, upon failing to achieve a passing score such person shall continue\\nunder the supervision of a registered hearing aid dispenser until such\\ntime as a passing score is achieved, provided that such passing score is\\nachieved on an examination administered within twelve months of the\\nfirst examination.\\n (c) Any individual who has been continuously registered as a hearing\\naid dealer pursuant to the former article thirty-seven-A of this chapter\\nfor less than twelve months immediately preceding January first, two\\nthousand or any individual with less than twelve months experience in\\nthe business of dispensing hearing aids in this state immediately\\npreceding January first, two thousand shall be required to comply with\\nall the requirements set forth in subdivision one of this section.\\n (d) Any person licensed pursuant to article one hundred fifty-nine of\\nthe education law, who submits evidence satisfactory to the secretary of\\nexperience of dispensing hearing aids in this state for the period\\nimmediately preceding January first, two thousand, upon payment of\\napplicable fees shall be registered as a hearing aid dispenser and shall\\nbe exempt from requirements set forth in subparagraph (iii) of paragraph\\n(b) of subdivision one of this section.\\n 4. Upon application to the secretary, a temporary certificate of\\nregistration authorized under section seven hundred ninety-five of this\\narticle shall be issued to: (i) individuals who prove to the\\nsatisfaction of the secretary that he or she will be supervised and\\ntrained by one or more registered hearing aid dispensers for a period of\\ntwelve months or (ii) individuals who are candidates for licensure under\\narticle one hundred fifty-nine of the education law, have satisfied the\\neducational requirement in subdivision two of section eighty-two hundred\\nsix of the education law, and are actively engaged in completing the\\nexperience requirement in subdivision three of section eighty-two\\nhundred six of the education law. A temporary certificate of\\nregistration may be renewed only once.\\n (a) A person holding a temporary certificate of registration shall not\\nbe the sole proprietor of, manage, or independently operate a business\\nwhich engages in the business of dispensing hearing aids unless such\\nbusiness employs a registered hearing aid dispenser.\\n (b) A person holding a temporary certificate of registration shall not\\nadvertise or otherwise represent that he or she holds a certificate of\\nregistration as a hearing aid dispenser.\\n (c) A person holding a temporary certificate of registration who is a\\ncandidate for licensure under article one hundred fifty-nine of the\\neducation law shall be exempt from the requirement to complete the\\ncourse of instruction prescribed by section seven hundred ninety-six of\\nthis article.\\n 5. (a) Any individual, corporation, partnership, trust, association or\\nother organization maintaining an established New York state business\\naddress desiring to engage in the business of dispensing hearing aids at\\nretail, shall register with the department and submit the following\\ninformation:\\n (i) name and address or addresses of each permanent business location;\\n (ii) names and addresses of the principal owner or manager of the\\nbusiness and if such owner is a corporation the names and titles of the\\ncorporate officers; if a partnership, the name and title of the general\\npartners, if a limited liability company the name of the members or\\nmanagers, if a limited liability partnership, the names of the partners,\\nif a trust, the name of the trustee, if an association, the principal\\nofficers; and\\n (iii) the appropriate fees.\\n (b) No such individual, corporation, partnership, trust, association\\nor other organization maintaining an established New York state business\\naddress shall engage in the business of dispensing hearing aids unless\\nsuch organization:\\n (i) has obtained a valid business certificate of registration from the\\nsecretary;\\n (ii) employs at least one registered hearing aid dispenser at each\\nbusiness location who regularly dispenses hearing aids at that location;\\n (iii) files annually with the secretary a list of registered hearing\\naid dispensers currently employed; and\\n (iv) files a statement with the secretary that such organization is in\\ncompliance with the provisions of this article and rules and regu-\\nlations promulgated pursuant thereto and the regulations of the federal\\nfood and drug administration and the federal trade commission.\\n 6. The secretary may grant a certificate of registration upon\\nsubmission of an application and appropriate fees where such application\\ncontains satisfactory proof that the applicant holds a valid hearing aid\\ndispenser's license or registration in another state, where the secre-\\ntary has determined such state has requirements equivalent to or higher\\nthan those in effect pursuant to this article.\\n 7. Notwithstanding the provisions of any law to the contrary, on or\\nafter the first day of January first, two thousand, no person shall\\nengage in the dispensing of hearing aids in this state unless such\\nperson is registered as a hearing aid dispenser in accordance with the\\nprovisions of this article.\\n 8. Notwithstanding the requirements of this section, the secretary\\nshall take steps necessary to provide for the immediate and orderly\\nregistration of applicants qualified pursuant to this article. Persons\\nseeking to qualify for registration pursuant to paragraphs (b) and (c)\\nof subdivision three of this section shall be immediately entitled to a\\ntemporary certificate of registration. Within one hundred twenty days of\\nthe effective date of this subdivision, the secretary shall approve an\\nexamination for completed registration pursuant to section seven hundred\\nninety-six of this article.\\n 9. Anyone registered as a hearing aid dealer on the effective date of\\nthis article or who possesses the requisite experience for registration\\npursuant to paragraphs (a) and (b) of subdivision three of this section\\nshall register on or before January first, two thousand and may continue\\nto dispense hearing aids as if registered if an application for\\nregistration is submitted to the department within thirty days of the\\neffective date of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "791", "title" : "Hearing aid dispensing advisory board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "791", "activeDate" : "2014-09-22", "sequenceNo" : 1252, "repealedDate" : null, "fromSection" : "791", "toSection" : "791", "text" : " § 791. Hearing aid dispensing advisory board. 1. There is created\\nwithin the department a hearing aid dispensing advisory board which\\nshall consist of thirteen members to be appointed by the secretary: four\\nof whom shall be non-audiologist hearing aid dispensers who shall have\\nbeen engaged in the business of dispensing hearing aids primarily in\\nthis state for at least five years immediately preceding their\\nappointment, two to be appointed upon the recommendation of the\\ngovernor, one to be appointed upon the recommendation of the temporary\\npresident of the senate and one to be appointed upon the recommendation\\nof the speaker of the assembly; four members shall be audiologists who\\nare engaged in the dispensing of hearing aids for at least five years\\nimmediately preceding their appointment, two to be appointed upon the\\nrecommendation of the governor, one to be appointed upon the\\nrecommendation of the temporary president of the senate and one to be\\nappointed upon the recommendation of the speaker of the assembly; two\\nshall be otolaryngologists; and the remaining three members, none of\\nwhom shall derive nor have derived in the past economic benefit from the\\nbusiness of dispensing hearing aids, shall be from the resident lay\\npublic of this state who are knowledgeable about issues related to\\nhearing loss. At least one lay member shall be an individual\\nrepresenting adults over the age of fifty. At least one of the lay\\nmembers shall be a hearing aid user. Of the otolaryngologists and lay\\nmembers, one shall be appointed by the secretary on the recommendation\\nof the minority leader of the senate and one shall be appointed by the\\nsecretary on the recommendation of the minority leader of the assembly\\nand three shall be appointed by the secretary on the recommendation of\\nthe governor. Each member of the board shall be appointed for a term of\\ntwo years. Any member may be appointed for additional terms. In the\\nevent that any member shall die or resign during his or her term, a\\nsuccessor shall be appointed in the same manner and with the same\\nqualifications as set forth in this section. A member may be reappointed\\nfor successive terms but no member shall serve more than a total of ten\\nyears. The secretary or the designee of the secretary shall serve in an\\nex officio non-voting position. The secretary shall serve as\\nchairperson. The commissioner of education, the commissioner of health,\\nand the attorney general or their designees shall serve as non-voting ex\\nofficio members.\\n 2. The board shall advise and make recommendations regarding, and the\\nsecretary, upon consideration of such advice, shall promulgate rules and\\nregulations, governing the implementation of the provisions of this\\narticle and the development of such rules and regulations as are\\nrequired. In addition to other advice, the board shall advise the\\nsecretary with respect to the promulgation of rules and regulations\\ngoverning:\\n (a) the rights of consumers of hearing aids including but not limited\\nto (i) procedures whereby a consumer may file a complaint against those\\nin violation of this article; and (ii) requirements for hearing aid\\ndispensers to provide consumers with printed educational information on\\nthe general use of hearing aids and assistive listening devices and on\\nthe advantages and disadvantages of binaural hearing aid use and (iii)\\nthe training of individuals in the use and maintenance of such\\ninstruments;\\n (b) continuing education including but not limited to (i) the content\\nof such course of study, (ii) the procedures for approval of such course\\nof study and (iii) those individuals and organizations who may\\npermissibly offer such continuing education course or courses provided\\nfor in section seven hundred ninety-four of this article;\\n (c) the content, delivery and evaluation of any examination required\\nas a condition of registration;\\n (d) the standards for advertisements, including but not limited to,\\nproscriptions against misleading advertising relating to the scope of\\nhearing aid dispensing practices, credentials of individual hearing aid\\ndispensers, and the function, use and reliability of a particular\\nhearing instrument;\\n (e) requirements for the secretary to regularly examine compliance\\nwith this article;\\n (f) requirements pertaining to the non-diagnostic testing of hearing\\nand sale of hearing aids at office, residential and other out of office\\nsettings and the development of environmental standards for testing at\\noffice, residential and other out of office settings; requirements\\npertaining to telemarketing; and\\n (g) procedures that the secretary could use to increase public\\nawareness of how to properly purchase, fit, adjust and use a hearing\\naid, as well as the rights of hearing aid purchasers under state law. In\\naddition to such duties and other duties which may be assigned by the\\nsecretary, the board shall consult with the secretary, the commissioner\\nof education and such other persons as may be appropriate to determine\\nthe proper level and degree of education for a hearing aid dispenser,\\nthe type of degree and the proper educational institution to offer such\\neducation and all other related issues.\\n 3. Meetings of the board shall be set at such times as determined by\\nthe secretary but in no event fewer than four times annually.\\n 4. The members of the board shall serve without compensation, however,\\nthey shall receive reimbursement for their actual and necessary expenses\\nincurred in the performance of their duties.\\n 5. The secretary shall keep a record of all proceedings of the board\\nand such record shall be open to public examination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "792", "title" : "Hearing aid dispensers account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "792", "activeDate" : "2014-09-22", "sequenceNo" : 1253, "repealedDate" : null, "fromSection" : "792", "toSection" : "792", "text" : " § 792. Hearing aid dispensers account. There is hereby established in\\nthe custody of the state comptroller and the secretary a hearing aid\\ndispensers account into which all fees collected pursuant to this\\narticle shall be deposited. The money in such account shall be utilized\\nsolely for the purpose of administering and enforcing the provisions of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "793", "title" : "Registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "793", "activeDate" : "2014-09-22", "sequenceNo" : 1254, "repealedDate" : null, "fromSection" : "793", "toSection" : "793", "text" : " § 793. Registry. The secretary shall establish a state registry which\\nshall list and identify on a county-by-county basis all registered\\nhearing aid dispensers, trainees, audiologists engaged in the business\\nof dispensing hearing aids and businesses registered pursuant to\\nsubdivision five of section seven hundred ninety of this article. The\\nregistry shall contain all information relevant to the status of their\\nregistration including their standing, location of practice and\\ntelephone number.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "794", "title" : "Continuing education requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "794", "activeDate" : "2014-09-22", "sequenceNo" : 1255, "repealedDate" : null, "fromSection" : "794", "toSection" : "794", "text" : " § 794. Continuing education requirements. 1. Prior to the expiration\\nof a certificate of registration and as a condition of renewal, each\\nhearing aid dispenser registered pursuant to subdivision one of section\\nseven hundred ninety of this article shall submit documentation showing\\nsuccessful completion of twenty continuing education credits through a\\ncourse or courses approved by the secretary in consultation with the\\nadvisory board, or, in relation to audiologists licensed pursuant to\\narticle one hundred fifty-nine of the education law, the office of the\\nprofessions in the education department. Such formal courses of learning\\nshall include, but not be limited to, collegiate level of credit in\\nnon-credit courses, professional development programs and technical\\nsessions offered by national, state and local professional associations\\nand other organizations acceptable to the secretary and any other\\norganized educational and technical programs acceptable to the\\nsecretary. The secretary may, in his or her discretion, and as needed to\\ncontribute to the health and welfare of the public, require the\\ncompletion of continuing education courses in specific subjects to\\nfulfill this mandatory continuing education requirement. Courses shall\\nbe taken from a sponsor approved by the secretary pursuant to\\nregulations promulgated pursuant to this section.\\n 2. A hearing aid dispenser registered under paragraph (b) of\\nsubdivision one of section seven hundred ninety of this article may\\nsatisfy the requirements of subdivision one of this section by\\ndemonstrating to the secretary compliance with such continuing\\ncompetency requirements as are prescribed by article one hundred\\nfifty-nine of the education law, provided, however, that, such persons\\nshall submit documentation showing the successful completion of four\\ncontinuing education credits relating to the dispensing of hearing aids.\\n 3. (a) Within one year of the effective date of this article, the\\nsecretary shall promulgate rules and regulations establishing the\\nmethod, content and supervision requirements for the continuing\\neducation course or courses provided for in this section. Properly\\nprepared written materials of the subject matter of each course shall be\\ndistributed and each course shall be taught by an instructor who meets\\nrequirements established by the secretary upon the recommendation of the\\nboard. Any person or organization offering a course shall apply to the\\nsecretary for authorization to offer such course or courses pursuant to\\nsaid rules and regulations.\\n (b) Credits shall be awarded based on one hour of credit for each\\nsixty minutes of participation. The secretary may prescribe the form or\\nforms on which participation and credits are documented. At the\\nconclusion of each approved course, a certificate of completion shall be\\ntransmitted to the secretary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "795", "title" : "Renewal of certificate of registration or temporary certificate of registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "795", "activeDate" : "2014-09-22", "sequenceNo" : 1256, "repealedDate" : null, "fromSection" : "795", "toSection" : "795", "text" : " § 795. Renewal of certificate of registration or temporary certificate\\nof registration. 1. The secretary shall provide a method for the\\nbiennial review of a certificate of registration and temporary\\ncertificate of registration.\\n 2. The department shall reissue a certificate of registration upon\\nreceipt of a renewal application, the renewal fee, and a written\\nstatement affirming compliance with all other requirements set forth in\\nthis article including evidence of compliance with section seven hundred\\nninety-four of this article. A registrant shall retain, if applicable, a\\ncertificate from a manufacturer or independent testing agent certifying\\nthat the testing room utilized by such registrant meets the requirements\\nof section seven hundred ninety-eight of this article and, if\\napplicable, a certificate from a manufacturer or independent testing\\nagent stating that all audiometric testing equipment used by the\\nregistrant has been calibrated on an annual basis according to rules and\\nregulations promulgated by the secretary, consistent with ANSI\\nrequirements or in accordance with standards promulgated under article\\none hundred fifty-nine of the education law.\\n 3. Any certificate of registration which is not renewed at the end of\\nthe biennial period of registration as prescribed by the secretary shall\\nautomatically revert to an inactive status. If the certificate of\\nregistration has not been renewed within thirty days subsequent to the\\nbiennial expiration date, the secretary shall send notice by mail to the\\nlast known address of the registrant. Such notice shall advise the\\nregistrant of the inactive status and the procedures required to\\nreactivate a valid certificate of registration. Such notice shall detail\\nthe criteria and fees to be satisfied for reactivation. If such\\nregistration is not reactivated, on the ninetieth day after the end of\\nthe biennial registration period, such registration shall lapse.\\n 4. The department shall reissue a temporary certificate of\\nregistration valid for a period of one year upon the receipt of a\\nrenewal application, the renewal fee and a written statement verifying\\ncontinued supervision by a registered hearing aid dispenser.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "796", "title" : "Training program; requirements; examination and re-examination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "796", "activeDate" : "2014-09-22", "sequenceNo" : 1257, "repealedDate" : null, "fromSection" : "796", "toSection" : "796", "text" : " § 796. Training program; requirements; examination and re-examination.\\n1. The secretary, in consultation with the board, shall establish a\\nfull-time, twelve month training program for those persons wishing to\\napply for registration as a hearing aid dispenser, except those hearing\\naid dispensers otherwise licensed pursuant to article one hundred\\nfifty-nine of the education law. For the purposes of this section,\\n\"full-time\" shall mean seven hours per day for five days a week. Such\\nprogram shall be conducted by a registered hearing aid dispenser or\\ntaught by appropriate faculty with credentials to verify substantial\\neducational knowledge in the topics outlined below. Any trainee entering\\nsuch a program shall operate under the direct supervision of a\\nregistered hearing aid dispenser for the first three months of such\\nprogram. In addition, during such period, the trainee shall\\nsatisfactorily complete a course of instruction, which includes, but is\\nnot limited to, the following topics:\\n (a) acoustics: general principles.\\n (b) acoustics: hearing and speech.\\n (c) the human ear.\\n (d) disorders of hearing.\\n (e) puretone audiometry.\\n (f) speech audiometry.\\n (g) hearing analysis.\\n (h) hearing aids and instruments.\\n 2. (a) During the first three months of such program, no trainee shall\\nperform any activity directly related to the dispensing of a particular\\nhearing aid or hearing aids unless such activity is conducted under the\\ndirect supervision of a registered hearing aid dispenser. For purposes\\nof this section, \"direct supervision\" shall mean activity under the\\nimmediate observation and control of a registered hearing aid dispenser\\nand shall require the registered hearing aid dispenser to be physically\\npresent during all dispensing activities of the trainee.\\n (b) For the next three months, no trainee shall perform any activity\\ndirectly related to the dispensing of a particular hearing aid or\\nhearing aids unless such activity is conducted with the immediate\\nconsent, review and approval of a registered hearing aid dispenser. For\\nsuch purposes, the registered hearing aid dispenser shall be located on\\nthe premises and immediately available to the trainee but shall not be\\nrequired to be physically present at all times.\\n 3. For the entire twelve month training period, the registered hearing\\naid dispenser shall be held fully responsible for all actions of the\\ntrainee. Any aspect of the dispensing of hearing aids performed by a\\ntrainee shall be reviewed and approved by the registered hearing aid\\ndispenser prior to the final disposition of any contractual agreement.\\nThe signatures of both the trainee and the registered hearing aid\\ndispenser shall be required on all contracts in which a trainee has\\nparticipated.\\n 4. Upon application, payment of the required registration fee to the\\nsecretary, and satisfaction of all applicable registration requirements,\\nthe applicant shall receive a temporary certificate of registration and\\nshall enter a training program. The twelve month program shall commence\\nfrom the date of issuance of the temporary certificate of registration.\\nNo individual may begin a training program or otherwise engage in the\\ndispensing of hearing aids without a valid temporary certificate of\\nregistration.\\n 5. (a) A trainee may take the required course of instruction under the\\nsupervision of a registered hearing aid dispenser provided that such\\ncourse of instruction has been approved by the secretary.\\n (b) A trainee may take the required course of instruction from any\\nother provider offering a course of instruction approved by the\\nsecretary.\\n (c) At the conclusion of each component, the performance of the\\ntrainee shall be evaluated by the registered hearing aid dispenser or\\nofferor of such approved course. Upon satisfactory completion of all\\ncomponents of the course of instruction, the trainee and the registered\\nhearing aid dispenser or offeror shall transmit to the secretary proof\\nof the satisfactory completion of each component which shall have been\\nsigned and affirmed as true under the penalties of perjury.\\n 6. Upon satisfactory completion of the course of instruction required\\nby this section and successful completion of at least six months of the\\ntraining program, the trainee may take the written examination and\\npractical test of proficiency offered by the secretary.\\n 7. (a) Each applicant shall be required to pass a written examination\\ncovering the following areas, including but not limited to areas of\\nrequired instruction in the training program, as they pertain to the\\ndispensing of hearing aids:\\n (i) basic physics of sound;\\n (ii) the anatomy and physiology of the ear; and the pathology of the\\near as it relates to hearing aid fitting;\\n (iii) the function of hearing aids;\\n (iv) hearing aid evaluation; and\\n (v) knowledge and understanding of this article and the regulations\\nadopted pursuant to it.\\n (b) in addition, the trainee shall also pass a practical test of\\nproficiency in techniques that pertain to the fitting of hearing aids.\\n 8. (a) If a trainee fails to pass the written examination or practical\\ntest of proficiency, he or she may request, and be given the opportunity\\nto review the score of the exam according to the rules and regulations\\nof the secretary.\\n (b) During the period of registration and the renewal thereof, a\\ntrainee may sit for the written exam and the practical test of\\nproficiency exam or any combination thereof up to three times. The exam\\nshall include both the written and practical components. A trainee who\\nhas passed any component of the examination within the prior six months\\nneed not re-take that component for final passage. A trainee who takes\\nthe exam three times but does not pass the entire exam or remaining\\nindividual component of the exam shall be terminated and shall be\\nrequired to commence the training program including direct supervision\\nand courses of study as if he or she is a new applicant. No trainee who\\nfails such examination three times during such period shall be eligible\\nfor permanent registration until he or she has repeated the traineeship\\nand passed the examination as required.\\n 9. The examination shall be given at convenient times and places\\nduring the calendar year but in no event fewer than four times per year.\\nThe secretary shall prescribe the content and format of such\\nexamination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "797", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "797", "activeDate" : "2014-09-22", "sequenceNo" : 1258, "repealedDate" : null, "fromSection" : "797", "toSection" : "797", "text" : " § 797. Fees. The secretary shall receive the following fees to be\\ndeposited into a special revenue fund - other entitled the \"hearing aid\\ndispensers account\" for the implementation, operation and enforcement of\\nthis article:\\n 1. a nonrefundable fee of fifty dollars from each person who takes the\\nrequired examination or any component thereof pursuant to this article;\\n 2. for an individual certificate of registration, one hundred fifty\\ndollars and for the renewal of such registration, one hundred dollars;\\n 3. for a business certificate of registration and renewal thereof:\\n (a) for a business certificate of registration for each permanent\\nbusiness location with ten or less employees, one hundred fifty dollars\\nand for the renewal of such registration, one hundred dollars;\\n (b) for a business certificate of registration for each permanent\\nbusiness location with more than ten employees, two hundred dollars and\\nfor the renewal of such registration, one hundred fifty dollars;\\n 4. for a temporary certificate of registration, thirty dollars and for\\nthe renewal of such registration, thirty dollars;\\n 5. for filing a change of business address or change of name of the\\nregistrant whether individual or business, ten dollars;\\n 6. for a duplicate certificate of registration, ten dollars;\\n 7. except fees associated with a temporary certificate of registration\\nthe fees set forth shall be those for registrations issued for a period\\nof two years; and\\n 8. employees of a not-for-profit corporation doing business in this\\nstate who are required to register pursuant to this article who are not\\notherwise engaged in the dispensing of hearing aids for profit shall be\\nexempt from payment of the registration fee required by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "798", "title" : "Business practice; requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "798", "activeDate" : "2018-08-31", "sequenceNo" : 1259, "repealedDate" : null, "fromSection" : "798", "toSection" : "798", "text" : " § 798. Business practice; requirements. 1. Every registrant who\\nengages in the dispensing of hearing aids shall have and maintain a\\nprincipal office or place of business. Each registrant shall report to\\nthe secretary the address of each such office or place of business at\\nwhich he or she engages in such dispensing. Changes in address shall be\\nreported within thirty days.\\n 2. Except as limited by the provisions of this article, each\\nregistrant shall conspicuously post a valid individual certificate of\\nregistration in open view within his or her office or place of business\\nat all times.\\n 3. A hearing aid dispenser who is the owner, manager, or franchisee at\\na location where hearing aids are dispensed, shall be responsible for\\nthe dispensing of any hearing aid at that location.\\n 4. The secretary shall in consultation with the hearing aid advisory\\nboard prescribe the minimum criteria, procedures and equipment which\\nshall be used in the dispensing of hearing aids, including but not\\nlimited to:\\n (a) a relevant personal history questionnaire;\\n (b) a disclosure statement;\\n (c) requirements for a testing room, if applicable;\\n (d) requirements for the annual calibration and maintenance of\\naudiometric equipment;\\n (e) requirements for out of office dispensing of hearing aids; and\\n (f) if applicable, requirements otherwise provided under article one\\nhundred fifty-nine of the education law.\\n 5. (a) Unless otherwise authorized by federal law, rule or regulation,\\nno hearing aid shall be sold by a hearing aid dispenser under this\\narticle, to any person, unless that person provides the dispenser with a\\nwritten statement from an otolaryngologist, or if none is available by\\nanother licensed physician stating that the prospective user's hearing\\nloss has been medically evaluated and that the prospective user is a\\ncandidate for a hearing aid.\\n (b) A replacement of an identical hearing aid within one year shall be\\nan exception to such requirement.\\n (c) This subdivision shall not apply to any individual over the age of\\nsixteen who has within the preceding three years been examined by an\\notolaryngologist, or if none was available by another licensed physician\\nwho issued a medical evaluation of their hearing loss for such individ-\\nual.\\n 6. If it is required by federal law or regulation, a hearing aid\\ndispenser shall afford to an individual, who is eighteen years of age or\\nolder, the opportunity to waive the medical evaluation requirement of\\nthis section, provided however, the hearing aid dispenser shall:\\n (a) take no action to encourage, in any way, the prospective user to\\nwaive such a medical or audiological evaluation;\\n (b) prior to the performance of any activity required pursuant to\\nsubdivision eight of this section and prior to the performance of any\\nhearing test the hearing aid dispenser shall inform the prospective user\\nthat, \"Federal law requires a medical evaluation of their hearing loss.\\nMedical evaluation shall be conducted by an otolaryngologist, or if none\\nis available, by another licensed physician. You have the right to waive\\nthis requirement. You must sign a statement of waiver of your rights if\\nyou elect to do so\";\\n (c) provide the prospective user with a copy of the manufacture's user\\ninstructional brochure for a hearing aid that has been or may be\\nselected for the prospective user;\\n (d) review the contents of such brochure with the prospective user\\norally;\\n (e) conspicuously post a sign in at least forty point bold-faced type\\nwhich states: \"Federal law requires a medical evaluation of your hearing\\nloss by an otolaryngologist, or if none is available, by another\\nlicensed physician. You have the right to waive this requirement. If you\\nwaive this requirement, you must sign a statement of waiver of your\\nrights\". Such sign shall also indicate the toll-free number required\\nunder section eight hundred three of this article that individuals\\nwishing to register a complaint can call; and\\n (f) should the prospective user elect to waive his or her rights, the\\nprospective user shall sign the following advisory statement:\\n \"I have been advised by (hearing aid dispenser's name) that the Food\\nand Drug Administration has determined that my best health interest\\nwould be served if I had a medical evaluation by a licensed physician\\n(preferably a physician specializing in diseases of the ear) before\\npurchasing a hearing aid. I do not wish a medical evaluation before\\npurchasing a hearing aid. I have also been advised that although the\\nexamination conducted by (hearing aid dispenser's name) reveals no\\nindicators mandating referral to a licensed physician, preferably one\\nspecializing in diseases of the ear, for medical evaluation as required\\nby law, it is in my best health interest to be examined by a physician\\nspecializing in diseases of the ear for any medical condition or disease\\nat least once every three years.\"\\n If the prospective user is or the parent or guardian of any person\\nunder the age of eighteen years is a member of any church or religious\\ndenomination whose tenets and practices include reliance upon spiritual\\nmeans through prayer alone and objects to medical treatment and so\\nstates in writing to the hearing aid dispenser or hearing aid trainee,\\nsuch individual shall undergo a hearing examination as provided by this\\nsection, but no proof, ruling out any medically treatable problem\\ncausing hearing loss, shall be required.\\n 7. No hearing aid dispenser shall verbally or in writing make a\\nstatement or reference to a prospective hearing aid user regarding any\\nmedical condition or medical diagnosis.\\n 8. It is unlawful for a registered hearing aid dispenser to dispense a\\nhearing aid unless he or she has first:\\n (a) conducted a direct observation of the purchaser's ear canals;\\n (b) inquired and made general observations for any of the following\\nconditions:\\n (i) visible congenital or traumatic deformity of the ear;\\n (ii) history of, or active drainage from the ear within the previous\\nninety days;\\n (iii) history of sudden or rapidly progressive hearing loss within the\\nprevious ninety days;\\n (iv) acute or chronic dizziness;\\n (v) unilateral hearing loss of sudden or recent onset within the\\nprevious ninety days;\\n (vi) audiometric air-bone gap equal to or greater than fifteen\\ndecibels at 500, 1000, and 2,000 hertz (hz);\\n (vii) visible evidence of bleeding, significant cerumen accumulation,\\nor a foreign body in the ear canal; and\\n (viii) pain or discomfort in the ear.\\n (c) Whenever any of the conditions listed in paragraph (b) of this\\nsubdivision is found to exist, no hearing aid dispenser shall dispense a\\nhearing aid to such prospective user. The hearing aid dispenser shall\\nadvise the prospective user of the observed condition and shall advise\\nhim or her to promptly consult a licensed physician, preferably a\\nspecialist in diseases of the ear. The prospective user shall be advised\\nthat he or she may consult with another licensed physician, if no\\notolaryngologist is available. A hearing aid dispenser may dispense a\\nhearing aid to such prospective user after such user has obtained a\\nmedical clearance. No prospective user may waive medical evaluation\\nunder this subdivision if any of the conditions listed in paragraph (b)\\nof this subdivision is found to exist except that a prospective user or\\nthe parent or guardian thereof may request a waiver on the basis that\\nmedical treatment violates his or her religious tenets or beliefs. A\\nhearing aid dispenser shall read to and then present a waiver to such\\nprospective user or parent or guardian thereof which shall provide: \"at\\nmy request, (name of hearing aid dispenser) has informed me that I may\\nwaive medical evaluation of my hearing due to my personal religious\\nbeliefs, signed (name of prospective user or parent or guardian).\" No\\nhearing aid dispenser shall seek to induce a prospective user or parent\\nor guardian of a prospective user to execute a waiver in order to effect\\nthe sale of a hearing aid.\\n 9. It is unlawful for a registered hearing aid dispenser to dispense a\\nhearing aid unless he or she has first:\\n (a) complied with all provisions of state laws and regulations\\nrelating to the dispensing of hearing aids; and\\n (b) has informed the purchaser of the address and office hours at\\nwhich the registrant shall be available for fitting or post-fitting\\nadjustments and servicing of the hearing aid or aids sold.\\n 10. (a) A hearing aid dispenser, not otherwise licensed pursuant to\\narticle one hundred fifty-nine of the education law, shall provide any\\nprospective hearing aid users with a copy of their audiogram which shall\\ninclude puretone (air and bone conduction) and speech audiometry test\\nresults, upon completion of such audiometric tests. Such audiogram shall\\nclearly and conspicuously contain the following statement: \"This\\ninformation is intended for the sole purpose of fitting or selecting a\\nhearing aid and is not a medical examination or audiological\\nevaluation\".\\n (b) Hearing aid dispensers licensed under article one hundred\\nfifty-nine of the education law shall comply with the provisions of such\\narticle in the conduct of audiological evaluations and shall further\\nprovide a copy of the results of any audiological evaluation to any\\nprospective hearing aid users with the following statement: \"This is an\\naudiological evaluation and is not a medical examination\".\\n 11. A registrant shall, upon the consummation of a sale of a hearing\\naid, deliver to the purchaser a written receipt or purchase agreement,\\nsigned by the purchaser, the registrant and if applicable, the trainee,\\ncontaining all of the following:\\n (a) the date of consummation of the sale;\\n (b) specifications as to the make, serial number, and model number of\\nthe hearing aid or aids sold;\\n (c) the address of the principal place of business of the registrant,\\nand the office hours available for fitting or post-fitting adjustments\\nand servicing of the hearing aid or aids sold;\\n (d) a statement to the effect that the hearing aid or aids delivered\\nto the purchaser are used or reconditioned, as the case may be;\\n (e) the number of the registrant's certificate and the name and\\nregistration number of any other hearing aid dispenser or trainee who\\nprovided any recommendation or consultation regarding the purchase of\\nthe hearing aid;\\n (f) the terms of any written warranty, as required by this article;\\n (g) such receipt shall bear, or have attached to it in no smaller than\\nfourteen point type, the following: \"The purchaser has been verbally\\nadvised at the outset of his or her relationship with the registered\\nhearing aid dispenser that any examination or representation made by a\\nhearing aid dispenser in connection with the business of dispensing this\\nhearing aid, or hearing aids, is not an examination, diagnosis, or\\nprescription by a person licensed to practice medicine in this state,\\nand therefore, must not be regarded as medical opinion.\";\\n (h) such written receipt or purchase agreement shall also outline the\\npurchaser's right to return as required by subdivision twelve of this\\nsection. (i) The receipt shall include, in immediate proximity to the\\nspace reserved for the signature of the buyer, the following statement\\nin all capital letters of no less than twelve point bold-faced type: \"IN\\nADDITION TO OTHER RIGHTS, THE BUYER HAS THE RIGHT TO CANCEL THIS\\nPURCHASE FOR ANY REASON AT ANY TIME PRIOR TO TWELVE MIDNIGHT OF THE 45TH\\nCALENDAR DAY ( ) AFTER RECEIPT OF THE HEARING AID AND RETURN THE HEARING\\nAID IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED. BY LAW, THE\\nSELLER IS ALLOWED TO RETAIN AN AMOUNT UP TO TEN PERCENT OF THE TOTAL\\nPURCHASE PRICE OF THE CANCELLED HEARING AID, INCLUDING BATTERIES AND\\nCORDS OR ACCESSORIES THERETO, INCLUSIVE OF ALL FEES RELATED TO THE\\nHEARING AID\".\\n (ii) If the dispenser is a not-for-profit hospital or facility\\nlicensed or certified pursuant to article twenty-eight of the public\\nhealth law, the receipt shall include, in immediate proximity to the\\nspace reserved for the signature of the buyer, the following statement\\nin all capital letters of no less than twelve point bold-faced type: \"IN\\nADDITION TO OTHER RIGHTS, THE BUYER HAS THE RIGHT TO CANCEL THIS\\nPURCHASE FOR ANY REASON AT ANY TIME PRIOR TO TWELVE MIDNIGHT OF THE 45TH\\nCALENDAR DAY ( ) AFTER RECEIPT OF THE HEARING AID AND RETURN THE HEARING\\nAID IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED. BY LAW, THE\\nDISPENSER IS ALLOWED TO RETAIN AN AMOUNT UP TO FIVE PERCENT OF THE TOTAL\\nPURCHASE PRICE OF THE CANCELLED HEARING AID, INCLUDING BATTERIES AND\\nCORDS OR ACCESSORIES THERETO, INCLUSIVE OF ALL FEES RELATED TO THE\\nDISPENSING OF THE HEARING AID, PLUS A SERVICE FEE OF NOT MORE THAN TWO\\nHUNDRED DOLLARS, UNLESS A SECOND HEARING AID WAS FITTED AND DISPENSED AT\\nTHE SAME TIME AS THE FIRST, THEN SUCH FEE SHALL NOT EXCEED THREE HUNDRED\\nDOLLARS FOR BOTH HEARING AIDS.\"\\n 12. No hearing aid shall be sold to any person unless accompanied by a\\nforty-five calendar day money-back written guarantee.\\n (a) If an individual returns a hearing aid in the same condition,\\nordinary wear and tear excluded, within the guarantee period, the\\ncustomer shall be entitled to the return of the cost of the hearing aid\\nand accessories as itemized on the receipt provided pursuant to\\nsubdivision eleven of this section; provided however that any hearing\\naid that has been used for a forty-five calendar day period as described\\nin this subdivision, when refinished and totally reconditioned by the\\nmanufacturer or by the manufacturer's agent and such manufacturer or\\nmanufacturer's agent certifies that such hearing aid meets all the\\nacoustical standards of a new hearing aid and is in all other respects\\nthe equivalent of a new hearing aid and with all warranties and\\nguarantees that accompany a new hearing aid, shall be considered a new\\nhearing aid and so designated; and further provided, however, that a\\nhearing aid dispenser shall retain as a cancellation fee for return of\\nthe hearing aid, including batteries and cords or accessories thereto, a\\ncharge not in excess of ten per centum of the total purchase price of\\nthe cancelled hearing aid, including batteries and cords or accessories\\nthereto, inclusive of all fees related to dispensing of hearing aids, as\\ndefined in subdivision six of section seven hundred eighty-nine of this\\narticle. Provided, however, if the hearing aid dispenser is a\\nnot-for-profit hospital or facility licensed or certified pursuant to\\narticle twenty-eight of the public health law, such dispenser is allowed\\nto retain an amount up to five per centum of the total purchase price of\\nthe cancelled hearing aid, including batteries and cords or accessories\\nthereto, inclusive of all fees related to the dispensing of the hearing\\naid, plus a service fee of not more than two hundred dollars, unless a\\nsecond hearing aid was fitted and dispensed at the same time as the\\nfirst, then such fee shall not exceed three hundred dollars for both\\nhearing aids. Such money-back guarantee as provided in this subdivision\\nshall not be in lieu of or in any way affect the right of the purchaser\\nto recover the full amount paid and for any damages sustained for a\\nbreach of guarantee of fitness for use.\\n (c) The forty-five calendar day return period shall be tolled for any\\nperiod during which a hearing aid dispenser takes possession or control\\nof a hearing aid after its original delivery.\\n 13. (a) Within one year from the date of purchase, in addition to any\\nother rights and remedies the purchaser of a hearing aid may have, the\\npurchaser shall have the right to rescind the transaction if: (i) the\\npurchaser consults a licensed otolaryngologist, or if no such licensed\\notolaryngologist is available then another licensed physician qualified\\nto diagnose diseases of the ear, subsequent to purchasing a hearing aid,\\n(ii) and the physician certifies in writing that, in his or her\\nprofessional judgement, at the time the dispensing occurred the\\npurchaser had either a diagnosis of deafness or being hard of hearing\\nfor which a hearing aid provides no benefit or had a medical condition\\nwhich contraindicates the use of a hearing aid, and (iii) as the result\\nof either condition, the purchaser experienced no improvement in the\\nquality of hearing.\\n (b) If the conditions of paragraph (a) of this subdivision are met,\\nthe seller shall refund to the purchaser, within ten days of the receipt\\nof notice to rescind, a full and complete refund of all moneys received,\\nin compliance with paragraph (a) of this subdivision. The purchaser\\nshall incur no additional liability for rescinding the transaction.\\n (c) Any dispute over a purchaser's right to rescind the transaction as\\nprovided in this subdivision that is not resolved administratively by\\nthe department shall be determined by a court of competent jurisdiction.\\n 14. A registrant shall, upon the consummation of a sale of a hearing\\naid, keep and maintain records in his or her office or place of business\\nat all times and each such record shall be kept and maintained for a six\\nyear period. These records shall include:\\n (a) results of the hearing test, fitting, selection, sales, rental and\\nadaptation or service practices as required under this article;\\n (b) a copy of the written receipt required by subdivision eleven of\\nthis section;\\n (c ) a copy of the signed written waiver, if any; and\\n (d) any other material which the secretary may feel is necessary.\\n 15. A registrant shall comply with applicable statutes, rules and\\nregulations regarding advertising of his or her services. In addition:\\n (a) no hearing aid dispenser shall, through advertisement, indicate or\\nimply that any type of medical examination or audiological evaluation\\nwill be provided or that the dispenser has been recommended by anyone\\nother than an individual licensed to perform such examination or\\nevaluation; provided, however, that nothing in this paragraph shall\\nrestrict or limit any person licensed under article one hundred\\nfifty-nine of the education law from performing any activity thereunder\\nor from stating in an advertisement that an audiological evaluation will\\nbe provided where an audiological evaluation is to be provided;\\n (b) no hearing aid device, part or accessory thereof shall be\\nadvertised as a new invention or involving a new mechanical or\\nscientific principle unless such claim is true; and\\n (c) except for those hearing aid dispensers licensed as audiologists\\nunder article one hundred fifty-nine of the education law, no hearing\\naid dispenser shall, through advertisement, indicate or imply that he or\\nshe may perform a hearing test, examination, evaluation or consultation\\nunless he or she includes the statement, \"unless administered by an\\naudiologist or physician, this test is for the purpose of amplification\\nonly. It is not a medical test.\"\\n 16. No registered hearing aid dispenser, trainee or an employee of the\\nregistered hearing aid dispenser or trainee, shall canvass from house to\\nhouse for the purpose of selling or renting a hearing aid. No registered\\nhearing aid dispenser or trainee shall personally visit the home of a\\nprospective customer for the purpose of selling or renting a hearing aid\\nwithout the prior request of the prospective customer.\\n 17. No registered hearing aid dispenser, manufacturer, organization or\\ndistributor shall sell or rent a hearing aid to a resident of this state\\nthrough direct mail order sales.\\n 18. No registered hearing aid dispenser or trainee shall conduct or\\nconsummate the sale of a hearing aid over the telephone unless the\\nprospective user has been tested by that dispenser within the previous\\nthirty days or a hearing aid user has initiated a request for a\\nreplacement of a specific hearing aid.\\n 19. If a registered hearing aid dispenser utilizes telemarketing\\ntechniques or telephone contact, he or she shall comply with all\\napplicable provisions of federal and state law. Any initial telephone\\ncontact undertaken by a registered hearing aid dispenser or trainee\\nshall include the following information:\\n (a) a hearing aid will not restore normal hearing;\\n (b) any hearing test or examination is not a medical test or\\nexamination and is solely for the purposes of fitting a hearing aid;\\n (c) if there are indications of potential medical conditions, as\\ndefined by law, the prospective user will be referred to an\\notolaryngologist or if none is available to a physician; and\\n (d) the costs of testing or office visits; and, the range of costs of\\nhearing aids available from the registered hearing aid dispenser.\\n 20. A registered hearing aid dispenser shall distribute printed\\neducational information approved by the secretary to prospective hearing\\naid purchasers about the general use of hearing aids and assistive\\nlistening devices and on the advantages and disadvantages of binaural\\nhearing aids, as well as rights and remedies available to the consumer\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "799", "title" : "Administration; suspension and revocation of registrations; fines; reprimands", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "799", "activeDate" : "2018-08-31", "sequenceNo" : 1260, "repealedDate" : null, "fromSection" : "799", "toSection" : "799", "text" : " § 799. Administration; suspension and revocation of registrations;\\nfines; reprimands. 1. (a) The secretary shall refer each complaint which\\nalleges conduct constituting a violation of article one hundred\\nfifty-nine of the education law committed by an individual licensed\\npursuant to article one hundred fifty-nine of the education law to the\\noffice of professional discipline within the education department. Such\\ncomplaints shall be processed pursuant to article one hundred thirty of\\nthe education law.\\n (b) Any order to suspend, revoke or refuse to issue a certificate of\\nregistration for hearing aid dispensing of a licensed audiologist shall\\nbe issued by the commissioner of education. Where such complaints allege\\nviolation of the provisions of this article relating to the dispensing\\nof hearing aids by a registrant who is also subject to the provisions of\\narticle one hundred fifty-nine of the education law, the secretary shall\\nhave the powers as provided in this section. Such powers relate\\nexclusively to the registration as a hearing aid dispenser.\\n 2. Except as provided in subdivision one of this section, the\\nsecretary may suspend or revoke any registration issued pursuant to this\\narticle, and/or impose a fine of up to one thousand dollars per\\nviolation payable to the secretary. Such penalties may be imposed for\\nthe following reasons:\\n (a) engaging in the business of dispensing hearing aids unless the\\nperson is a registered hearing aid dispenser or a holder of a temporary\\ncertificate of registration.\\n (b) incompetency which includes, but is not limited to, the improper\\nor unnecessary dispensing of a hearing aid.\\n (c) negligence and/or repeated negligent acts.\\n (d) conviction of any crime substantially related to the\\nqualifications, functions and duties of a hearing aid dispenser.\\n (e) obtaining a certificate of registration by fraud or deceit; or\\npresenting as his or her own the certificate of registration of another.\\n (f) use of the term \"doctor\" or \"physician\" or \"clinic\" or \"hearing\\nspecialist\" or \"audiologist,\" or any derivation thereof, unless\\nauthorized by law; or any terms which suggest or imply medical board\\ncertification, medical training, competency or expertise. Any reference\\nto certification or other professional training shall specify the\\ngrantor of such credential.\\n (g) fraud or misrepresentation in the dispensing of a hearing aid or\\naids.\\n (h) the employment, to perform any act covered by the provisions of\\nthis article, of any person whose certificate of registration has been\\nsuspended, revoked, or who does not possess a valid certificate of\\nregistration or temporary certificate of registration issued under this\\narticle.\\n (i) the use or causing the use, of any advertising or promotional\\nliterature in such manner as to have the capacity or tendency to mislead\\nor deceive purchasers or prospective purchasers including any reference\\nto \"hearing consultation\", unless permitted pursuant to article one\\nhundred fifty-nine of the education law for those hearing aid dispensers\\nlicensed under such article, or medical consultation, diagnosis or\\ntreatment.\\n (j) the registrant's permitting another to use his or her certificate\\nof registration for any purpose.\\n (k) failure to display the certificate of registration as provided in\\nthis article.\\n (l) violation of any provision of this article, other applicable\\nfederal or state law, rule or regulation, or of any existing applicable\\nsanitary code.\\n (m) failure or refusal to perform repairs or service on any hearing\\naid sold by such trainee and/or registrant.\\n (n) no hearing aid dispenser, registrant or hearing aid trainee shall\\nstate or imply that the use of any hearing aid will restore hearing to\\nnormal, or preserve hearing, or prevent or retard the progression of\\ndeafness or being hard of hearing or any false or misleading or\\nmedically or audiologically unsupportable claims regarding the efficacy\\nor benefits of hearing aids.\\n (o) fraud or bribery in securing a certificate of registration or\\npermission to take an examination therefor.\\n (p) violation of a lawful order of the department previously entered\\nin a disciplinary hearing or failure to comply with investigations or a\\nlawfully issued subpoena of the department.\\n (q) making any predictions or prognostications as to the future course\\nof deafness or being hard of hearing, either in general terms or with\\nreference to an individual person, except where such predictions and\\nprognostications are made by a hearing aid dispenser licensed pursuant\\nto the provisions of article one hundred fifty-nine of the education law\\nand consistent with such law.\\n (r) exerting influence on a client in such a manner as to exploit the\\nclient for financial gain for the registrant or for a third party.\\n (s) sale of a hearing aid by telephone or telemarketing. Such\\nprohibition shall not limit the scheduling of appointments, offering of\\nservices or the sale of a hearing aid to a person whom has been tested\\nby that dispenser or dispensing audiologist within the previous thirty\\ndays or is a hearing aid user who has initiated or specifically\\nrequested the telephone sale or offer of sale.\\n (t) inducing a prospective user or the parent or guardian of a\\nprospective user to execute a religious waiver through the use of a\\nfalse or misleading statement to effect the sale of a hearing aid.\\n (u) performing an otoscopic observation or testing of hearing for\\nmedical diagnostic purposes.\\n 3. Whenever a certificate of registration is revoked, such certificate\\nof registration shall not be reinstated or reissued until after the\\nexpiration of a period of five years from the date of such revocation.\\n 4. The secretary may issue an order directing the cessation of any\\nactivity for which registration is required by this article upon a\\nfinding that a person, including a partnership, limited liability\\ncompany, corporation, trust or other business organization has engaged\\nin or acted as a hearing aid dispenser or a hearing aid dispensing\\nbusiness within this state without a valid registration. The department\\nshall, before making such determination and order, afford such person\\nincluding a partnership, limited liability company, corporation, trust,\\nassociation or business organization, an opportunity to be heard in\\nperson or by counsel in reference to an adjudicatory proceeding held\\npursuant to this article.\\n 6. Upon the suspension or revocation of a certificate of registration\\nby the secretary and the issuance of a notice thereof, the registrant\\nshall within five business days deliver to the secretary the certificate\\nof registration. If surrendered by mail, the certificate of registration\\nshall be sent by registered or certified mail, postmarked no later than\\nthree business days following notice of suspension or revocation.\\nFailure to return a certificate of registration which has been revoked\\nor suspended pursuant to this section within the prescribed time shall\\nconstitute a violation punishable by the payment of a fine of up to five\\nhundred dollars.\\n 7. In the event that the registrant shall contest the charge of the\\nviolation, a hearing on the charge shall be conducted in accordance with\\nthe provisions of subdivisions one and two of section eight hundred of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "800", "title" : "Denial of registration; complaints; notice of hearing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "800", "activeDate" : "2014-09-22", "sequenceNo" : 1261, "repealedDate" : null, "fromSection" : "800", "toSection" : "800", "text" : " § 800. Denial of registration; complaints; notice of hearing. 1.\\nDenial of registration. The secretary shall, before making a final\\ndetermination to deny an application for a registration, notify the\\napplicant in writing of the reasons for such denial and shall afford the\\napplicant an opportunity to be heard in person or by counsel prior to\\nthe denial of the application. Such notification shall be served\\npersonally or by mail or in any manner authorized by the civil practice\\nlaw and rules for service of a summons. If a hearing is requested, such\\nhearing shall be held at such time and place as the secretary shall\\nprescribe. If the applicant fails to make a written request for a\\nhearing within thirty days after receipt of such notification, then the\\nnotification shall become the final determination of the secretary. If,\\nafter hearing, the registration is denied, written notice of such denial\\nshall be served upon the registrant personally or by certified mail or\\nin any manner authorized by the civil practice law and rules.\\n 2. Revocation, suspension, reprimands, fines. The secretary shall,\\nbefore revoking or suspending any registration or imposing any fine or\\nreprimand on the holder of such registration, or before issuing any\\norder directing the cessation of unregistered activity shall send\\nnotification of such action to the holder. Such notice shall be provided\\nat least ten days prior to the date set for the hearing, notify the\\nregistrant or the person deemed to have engaged in such unregistered\\nactivities, of any charges made and shall afford the person an\\nopportunity to be heard in person or by counsel in reference thereto.\\nSuch written notice may be served upon the registrant in person or by\\nmailing the notice by certified mail to the registrant to the last known\\nbusiness address of such person, or by any method authorized by the\\ncivil practice law and rules for the service of a summons. The hearing\\nshall be at such time and place as the secretary shall prescribe. After\\nthe applicant is notified of such denial, in the event a certificate of\\nregistration or temporary certificate of registration or an application\\nis denied, no such registration shall be issued to such former\\nregistrant or applicant for at least six months, nor thereafter, except\\nat the discretion of the secretary. The applicant or registrant may be\\nheard in person or by counsel. Such hearing shall be at such time and\\nplace as the secretary shall prescribe.\\n 3. In any hearing held pursuant to the provisions of this article, the\\nsecretary acting by such officer or person in the department as he or\\nshe may designate, shall have the power to subpoena and bring before the\\nofficer or person so designated any person in this state, or document,\\nrecord or relevant evidence, and administer an oath to and take the\\ntestimony of any such person or cause his or her deposition to be taken.\\nA subpoena issued under this section shall be regulated by the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "801", "title" : "Judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "801", "activeDate" : "2014-09-22", "sequenceNo" : 1262, "repealedDate" : null, "fromSection" : "801", "toSection" : "801", "text" : " § 801. Judicial review. The action of the secretary pursuant to a\\nhearing in refusing to grant or to renew a certificate of registration\\nor a temporary certificate of registration, in revoking or suspending\\nsuch registration or imposing a civil penalty, shall be subject to\\nreview by the supreme court in the manner provided in article\\nseventy-eight of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "802", "title" : "Special provisions; not-for-profit sales", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "802", "activeDate" : "2014-09-22", "sequenceNo" : 1263, "repealedDate" : null, "fromSection" : "802", "toSection" : "802", "text" : " § 802. Special provisions; not-for-profit sales. 1. No\\notolaryngologist or other licensed physician who has conducted a medical\\nevaluation of hearing loss shall engage in the business of dispensing\\nhearing aids for a profit. No otolaryngologist or other licensed\\nphysician who has dispensed a hearing aid shall refuse or fail to\\nperform repairs or service on any hearing aid that they have dispensed.\\n 2. Every licensed physician who engages in the dispensing of hearing\\naids in compliance with the provisions of this section shall be required\\nto comply with sections seven hundred ninety-one, seven hundred\\nninety-eight and eight hundred three of this article, in addition to\\ncompliance with this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "803", "title" : "Powers of the secretary", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "803", "activeDate" : "2014-09-22", "sequenceNo" : 1264, "repealedDate" : null, "fromSection" : "803", "toSection" : "803", "text" : " § 803. Powers of the secretary. 1. The secretary shall promulgate such\\nrules and regulations as are deemed necessary to effectuate the purposes\\nof this article, and shall provide written notification of the\\nprovisions of this article and a copy of the registration application\\nwithin ninety days of the effective date of this article to all dealers\\nas were registered under former article thirty-seven-a of this chapter\\nprior to such effective date and to audiologists licensed pursuant to\\narticle one hundred fifty-nine of the education law. Such notification\\nshall inform all such dealers, their dispensing employees and\\naudiologists of the obligation to register pursuant to subdivision nine\\nof section seven hundred ninety of this article.\\n 2. The secretary shall review implementation of the provisions of this\\narticle in consultation with the board and shall vigorously and\\nproactively ensure the enforcement of its provisions through site\\nvisits, regular examination of compliance with this article, public\\noutreach and education, promulgation of regulations, delivery of\\ntechnical assistance, and such other forms as would increase awareness\\nof and adherence to the protections and process prescribed in this\\narticle. The secretary shall examine compliance with this article for\\neach business registered pursuant to subdivision one of section seven\\nhundred ninety of this article at least once every four years.\\n 3. In addition to the powers and duties specified elsewhere in this\\narticle, the secretary, upon the complaint of any individual or upon the\\nsecretary's initiative, shall have the power to make and to conduct such\\ninvestigations as are deemed necessary to effectuate the purposes of\\nthis article. The secretary shall have the power to require the\\nattendance of witnesses and issue subpoenas in accordance with the\\nprovisions of this section, in the conduct of such investigations.\\n 4. In conjunction with the board, the secretary shall:\\n (a) develop procedures for promptly investigating all complaints\\nregarding violations of this article;\\n (b) develop procedures for assisting consumers in resolving a dispute\\nwith those persons registered pursuant to this article and mediating on\\nbehalf of consumers when needed;\\n (c) establish a toll-free number at which consumers, including persons\\nwho are hard of hearing or deaf, can register a complaint; and\\n (d) develop other procedures as necessary to increase public awareness\\nof how to properly purchase, fit, adjust and use a hearing aid, as well\\nas the rights of hearing aid consumers pursuant to this article, which\\nshall include the distribution of written information concerning this\\nsubject matter and the toll-free number to those subject to this\\narticle, the media, and the general public.\\n 5. The secretary, in conjunction with the board shall cause to be\\nprepared and distributed printed educational information to registered\\nhearing aid dispensers and others about the general use of hearing aids\\nand assistive listening devices and on the advantages and disadvantages\\nof hearing aids as well as rights and remedies available to the consumer\\npursuant to this article.\\n 6. The secretary shall regularly communicate with the commissioner of\\neducation regarding the discipline and/or prosecution of violations of\\nthis article by audiologists licensed pursuant to article one hundred\\nfifty-nine of the education law.\\n 7. On or before January thirty-first of each year, the secretary shall\\ndevelop and distribute a report to the governor, the speaker of the\\nassembly, the temporary president of the senate, the minority leader of\\nthe assembly, the minority leader of the senate, the chair of the\\nassembly ways and means committee, and the chair of the senate finance\\ncommittee, and make it available for public examination. Such report\\nshall entail specific efforts made by the secretary, the board and\\nhearing aid dispensers to comply with the provisions of this article, a\\ncompilation of actions taken in response to recommendations submitted to\\nthe secretary from the board, a summary of the results of compliance\\nefforts and anticipated efforts to improve public education, compliance\\nand enforcement during the subsequent year, as well as recommendations,\\nif any, to amend this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "804", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "804", "activeDate" : "2014-09-22", "sequenceNo" : 1265, "repealedDate" : null, "fromSection" : "804", "toSection" : "804", "text" : " § 804. Penalties. Any person found to have engaged in the dispensing\\nof hearing aides or in the business of dispensing hearing aids without\\nbeing registered pursuant to this article shall be guilty of a class A\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "805", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "805", "activeDate" : "2014-09-22", "sequenceNo" : 1266, "repealedDate" : null, "fromSection" : "805", "toSection" : "805", "text" : " § 805. Separability. If any section or provision of this article shall\\nbe adjudged by any court of competent jurisdiction to be invalid or\\ninapplicable to any person or situation, such judgment shall not affect,\\nimpair or invalidate any other section or provision of this article or\\nthe applicability of such section or provision to other persons or other\\nsituations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A38", "title" : "Vessel Dealer Agreements", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "38", "activeDate" : "2014-09-22", "sequenceNo" : 1267, "repealedDate" : null, "fromSection" : "810", "toSection" : "816", "text" : " ARTICLE 38\\n VESSEL DEALER AGREEMENTS\\nSection 810. Definitions.\\n 811. Repurchase of vessels and parts.\\n 812. Termination or renewal of agreement.\\n 813. Vessel preparation, warranty and warranty reimbursement.\\n 814. Arbitration.\\n 815. Penalties.\\n 816. Waiver.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "810", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "810", "activeDate" : "2014-09-22", "sequenceNo" : 1268, "repealedDate" : null, "fromSection" : "810", "toSection" : "810", "text" : " § 810. Definitions. For the purposes of this article:\\n 1. \"Dealer\" shall mean any person who (a) engages, in whole or in\\npart, in the business of buying, selling, leasing, exchanging and/or\\nrepairing new and unused vessels and/or used vessels, or new and unused\\nand/or used inboard engines, inboard/outdrives or outboard motors for\\nvessels, and (b) has an established place of business for the sale,\\nlease, trade, repair and/or display of vessels, inboard engines,\\ninboard/outdrives or outboard motors.\\n 2. \"Distributor\" shall mean any person who offers for sale, sells or\\ndistributes one or more brands of new vessels to any new vessel dealer,\\nand who maintains a factory representative or who controls a person who\\noffers for sale, sells or distributes one or more brands of new vessels\\nto any new vessel dealer.\\n 3. \"Established place of business\" shall mean a permanent commercial\\nbuilding at which the business of a new vessel dealer is conducted,\\nincluding the display and repair of vessels.\\n 4. \"Factory representative\" shall mean an agent or employee of a\\nmanufacturer or distributor who is retained or employed for the purpose\\nof selling or promoting the sale of new vessels to new vessel dealers or\\nprospective new vessel dealers.\\n 5. \"Manufacturer\" shall mean any person engaged in the business of\\nmanufacturing or importing new and unused vessels, new and unused\\ninboard engines, inboard/outdrives, outboard motors, or component parts\\nand accessories therefor.\\n 6. \"Vessel\" shall mean every description of watercraft, including an\\niceboat, used or capable of being used as a means of transportation on\\nwater or ice, and shall include the hull, motor/engine, component parts,\\nspars, sails and accessories of such watercraft; provided, however, that\\npersonal watercraft and dealers of personal watercraft shall not be\\nsubject to the provisions of this article when such dealers are subject\\nto the provisions of article seventeen-A of the vehicle and traffic law,\\nas added by chapter eight hundred fifteen of the laws of nineteen\\nhundred eighty-three.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "811", "title" : "Repurchase of vessels and parts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "811", "activeDate" : "2014-09-22", "sequenceNo" : 1269, "repealedDate" : null, "fromSection" : "811", "toSection" : "811", "text" : " § 811. Repurchase of vessels and parts. Upon the termination,\\ncancellation or non-renewal of any dealer agreement, except as otherwise\\nprovided in subdivision one of section eight hundred twelve of this\\narticle, by a manufacturer or distributor pursuant to this article the\\nnew vessel dealer shall be paid the dealer invoice price plus any\\nshipping costs paid by such dealer for:\\n 1. new current and previous model year vessels and motors in the\\ndealer's inventory which were purchased from the manufacturer or\\ndistributor, within twelve months of the delivery date for each vessel\\nand motor, and which are unused, and not materially damaged or altered\\nwhile in the dealer's possession, and to which the dealer has clear\\ntitle and is in position to convey such title to the manufacturer or\\ndistributor;\\n 2. unused parts which were required from the manufacturer or\\ndistributor and which are listed on the current parts price sheet\\navailable to the dealer;\\n 3. equipment and furnishings required from the manufacturer,\\ndistributor, or one of the manufacturer's or distributor's approved\\nservices; and\\n 4. special tools that are only usable on the specific brand of vessel\\nor engine offered by the manufacturer or distributor terminating,\\ncanceling or nonrenewing a dealer agreement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "812", "title" : "Termination or renewal of agreement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "812", "activeDate" : "2014-09-22", "sequenceNo" : 1270, "repealedDate" : null, "fromSection" : "812", "toSection" : "812", "text" : " § 812. Termination or renewal of agreement. 1. Termination for cause.\\nA manufacturer or distributor may terminate an agreement with a dealer\\nfor cause upon not less than fifteen days written notice sent by\\ncertified mail or statutory overnight delivery, return receipt\\nrequested, to the dealer stating the specific grounds for such\\ntermination, only upon the occurrence of the following:\\n (a) the conviction of the dealer, or one of its principal owners, of a\\nfelony or a crime punishable by a term of imprisonment which\\nsubstantially adversely affects the business of the manufacturer or\\ndistributor;\\n (b) the failure of the dealer to conduct its customary sales and\\nservice operations during the regularly open business period, as defined\\nby such dealer, for a continuous period of seven days, except when any\\nsuch failure is the result of an act of God or circumstances beyond the\\ndirect control of the dealer;\\n (c) upon the suspension or revocation of the vessel dealer's\\nregistration, pursuant to section twenty-two hundred fifty-seven-a of\\nthe vehicle and traffic law, for more than thirty days;\\n (d) the insolvency of the dealer, or filing of any petition by or\\nagainst the dealer under any bankruptcy or receivership law;\\n (e) unauthorized sales of products defined in the dealer agreement;\\n (f) failure by the dealer to pay to the manufacturer or dealer for\\nproducts purchased pursuant to the dealer agreement;\\n (g) the dealer has made a material misrepresentation in applying for\\nor acting under the contractual agreement; or\\n (h) the dealer has engaged in fraud or unfair business practices.\\n If a dealer is terminated for cause pursuant to this subdivision, such\\ndealer shall pay reasonable freight costs and the cost of an independent\\nmarine surveyor, for the purpose of valuation of inventory, if the\\nmanufacturer elects to repurchase such dealer's inventory.\\n 2. Termination or non-renewal without cause. Whenever a dealer enters\\ninto a dealer agreement with a manufacturer or distributor wherein the\\ndealer agrees to maintain an inventory of vessels or parts therefor, the\\nmanufacturer or distributor shall not, except as provided in subdivision\\none of this section, terminate, cancel or non-renew such dealer\\nagreement until ninety days after written notice stating the specific\\ngrounds of such intention to terminate has been sent by certified mail\\nor statutory overnight delivery, return receipt requested, to the\\ndealer.\\n 3. If a manufacturer or distributor terminates a dealer agreement as a\\nresult of any action, except as otherwise provided in subdivision one of\\nthis section, the manufacturer or distributor shall repurchase the\\ninventory as provided in section eight hundred eleven of this article.\\nThe dealer may keep the inventory if it desires, and the manufacturer\\nagrees in writing. If the dealer has any outstanding debts to the\\nmanufacturer or distributor, then the repurchase amount may be adjusted\\nby the manufacturer to take into account such unpaid debts.\\n 4. After written notice by the dealer to the manufacturer by\\nregistered or certified mail or statutory overnight delivery, return\\nreceipt requested, within thirty days of the termination of the dealer\\nagreement, the manufacturer or distributor shall repurchase that\\ninventory previously purchased from the manufacturer or distributor as\\nprovided in section eight hundred eleven of this article, except as\\notherwise provided in subdivision one of this section.\\n 5. Upon payment within a reasonable time of the repurchase amount to\\nthe dealer, the title, if any, and the right of possession to the\\nrepurchased inventory shall transfer to the manufacturer or distributor.\\n 6. A dealer agreement shall not be assigned or transferred by the\\ndealer without prior written consent of the manufacturer or distributor.\\nAny assignment of such an agreement without such consent, any change in\\nthe majority ownership of capital stock of the dealer or any other\\nchange in the majority ownership of a partnership shall immediately\\nterminate the agreement except as follows:\\n (a) the manufacturer shall not refuse to transfer a dealer agreement\\nto any immediate family member succeeding to the agreement of a deceased\\nor incapacitated dealer if each of the following applies:\\n (i) the immediate family member successor provides the manufacturer\\nwith written notice within sixty days after the dealer's death or\\nincapacity of the intent to succeed to the agreement,\\n (ii) the immediate family member successor agrees to be bound by all\\nterms and conditions of existing agreements,\\n (iii) the immediate family member successor is entitled to inherit the\\ndeceased or incapacitated dealer's agreement pursuant to an agreement or\\na written request filed by the dealer with the manufacturer prior to the\\ndeath or incapacity of the dealer, and\\n (iv) the immediate family member successor has demonstrated experience\\nin the marine industry.\\n (b) manufacturers and distributors shall not refuse a transfer, sale\\nor exchange of a dealer agreement between a dealer and another person if\\nthe person meets all the requirements in the existing dealer agreement,\\nas well as all reasonable requirements and prerequisites the\\nmanufacturer or distributor utilizes when selecting new dealers for its\\nproducts at the time of the transfer, including financial and business\\nrequirements, and agrees to be bound by all terms and conditions of the\\nagreement and the dealer applies in writing to the manufacturer or\\ndistributor for such transfer not less than sixty days prior to the sale\\nor transfer of the dealership. The failure to comply with the\\nrequirements of the manufacturer or distributor within sixty days after\\nthe manufacturer or distributor receives an application for sale or\\ntransfer of a dealership shall be grounds for denial of such\\napplication.\\n 7. A dealer shall not terminate, cancel or non-renew a dealer\\nagreement with a manufacturer, until it has provided such manufacturer\\nwith written notice thereof not less than ninety days prior to such\\ntermination, cancellation or non-renewal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "813", "title" : "Vessel preparation, warranty and warranty reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "813", "activeDate" : "2014-09-22", "sequenceNo" : 1271, "repealedDate" : null, "fromSection" : "813", "toSection" : "813", "text" : " § 813. Vessel preparation, warranty and warranty reimbursement. 1. If\\na manufacturer or distributor requires or permits a dealer to provide\\nparts or to perform labor to satisfy a warranty created by the\\nmanufacturer or distributor, the manufacturer or distributor shall:\\n (a) properly and promptly fulfill its warranty obligations;\\n (b) adequately and fairly compensate the dealer for any parts\\nprovided, the shipping costs for parts provided and labor performed by\\nthe dealer to satisfy the warranty on a vessel, including the hull,\\nmotor/engine, component parts, spars, sails and accessories; and\\n (c) have the right to audit the dealer's warranty claims for a period\\nof eighteen months following the submission thereof, and to charge back\\nto the dealer any amounts paid on false, fraudulent, incorrect or\\nunsubstantiated claims.\\n 2. Compensation by the manufacturer or distributor for parts provided,\\nthe shipping costs for parts provided and labor performed by the dealer\\nshall be deemed adequate and fair if:\\n (a) the dealer is reimbursed for any parts provided and already in\\ninventory and the shipping costs for such parts in an amount equal to\\nthe wholesale price, plus forty percent thereof, provided that in no\\ncase shall such reimbursement exceed the retail price, and shipping\\ncosts of the parts provided to the dealer; and\\n (b) the dealer is reimbursed for any labor performed at the following\\nrates:\\n (i) with respect to the first year of new dealer agreements entered\\ninto on or after the effective date of this article, and with respect to\\nthe first year of the first renewals of a dealer agreement in effect\\nprior to the effective date of this article, when such renewal is\\nentered into on or after the effective date of this article, at a rate\\nof not less than seventy-five percent of the retail labor rate\\ncustomarily charged and posted therefor,\\n (ii) with respect to the second year of new dealer agreements entered\\ninto on or after the effective date of this article, and with respect to\\nthe second year of a renewal of a dealer agreement in effect prior to\\nthe effective date of this article, when the first year of such renewal\\ncommenced on or after the effective date of this article, at a rate not\\nless than ninety percent of the retail labor rate customarily charged\\nand posted therefor; and\\n (iii) with respect to the third and any subsequent year of new dealer\\nagreements entered into on or after the effective date of this article,\\nand with respect to the third and any subsequent year of a renewal of a\\ndealer agreement in effect prior to the effective date of this article,\\nwhen the first year of such renewal commenced on or after the effective\\ndate of this article, at a rate not less than one hundred percent of the\\nretail labor rate customarily charged and posted therefor.\\n Nothing in this paragraph shall be deemed to require or provide for\\nthe payment of a lower rate than is provided in a dealer agreement\\nentered into prior to the effective date of this article or of a renewal\\nof a dealer agreement, when such renewal is entered into prior to the\\neffective date of this article.\\n 3. To be entitled to compensation for labor at the dealer's retail\\nrate, the dealer shall have posted, in a place conspicuous to service\\ncustomers, the rate for labor for nonwarranty work.\\n 4. Except as provided in this section, no manufacturer or distributor\\nmay by agreement make restrictions on reimbursement or otherwise\\nrestrict the nature or extent of parts provided or labor performed by a\\ndealer if such restriction impairs the dealer's ability to satisfy the\\nwarranty of the manufacturer or distributor in accordance with the\\ngenerally accepted standards. However, the manufacturer or distributor\\nmay provide printed repair manuals detailing standard labor time and\\nparts required for a specific repair to establish set requirements if\\nsuch manual is provided to the dealer upon entry into a new contract or\\nrenewal of a contract. Such standards shall reflect the labor time and\\nparts' standards used by the manufacturer on a national level. Any\\nrepair or parts required by the manufacturer or distributor that are not\\nin repair manuals will be paid in actual billable hours by the\\nmanufacturer or distributor.\\n 5. A claim by a dealer for compensation for parts provided, the\\nshipping costs for parts provided and labor performed to satisfy a\\nwarranty, provided that the claim includes all the information\\nreasonably necessary by the manufacturer to make a determination upon\\nthe validity of the claim, shall be approved or disapproved by the\\nmanufacturer or distributor in writing within thirty days of receipt of\\nthe claim by the manufacturer or distributor in writing, and if\\napproved, shall be paid within thirty days of the approval thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "814", "title" : "Arbitration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "814", "activeDate" : "2014-09-22", "sequenceNo" : 1272, "repealedDate" : null, "fromSection" : "814", "toSection" : "814", "text" : " § 814. Arbitration. A cause of action to enforce the provisions of\\nthis article may be commenced in any court having jurisdiction over such\\naction or may be resolved through arbitration pursuant to arbitration\\nstandards recognized by the American Arbitration Association. Every\\narbitration conducted pursuant to this article shall be conducted in\\nthis state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "815", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "815", "activeDate" : "2014-09-22", "sequenceNo" : 1273, "repealedDate" : null, "fromSection" : "815", "toSection" : "815", "text" : " § 815. Penalties. 1. Any manufacturer or distributor found to have\\nviolated any provision of section eight hundred thirteen of this article\\nshall be liable to the dealer for all reimbursement required by such\\nsection and interest thereon at a rate of prime plus three percent per\\nannum that such amount was due and owing pursuant to such section.\\n 2. Every manufacturer or distributor found to have violated any\\nprovision of this article shall be liable to the dealer for any\\nfinancial injury or other damage suffered by such dealer as a result of\\nsuch violation, and court costs and reasonable attorney's fees.\\n 3. Any dealer found to have violated any provision of this article\\nshall be liable to the manufacturer or distributor for any financial\\ninjury or other damage suffered by such manufacturer or distributor as a\\nresult of the violation, and court costs and reasonable attorneys' fees.\\n 4. The provisions of this article shall be in addition to any legal or\\nequitable right that any party has pursuant to any other provision of\\nlaw or pursuant to any agreement between the parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "816", "title" : "Waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "816", "activeDate" : "2014-09-22", "sequenceNo" : 1274, "repealedDate" : null, "fromSection" : "816", "toSection" : "816", "text" : " § 816. Waiver. No manufacturer or distributor shall, as a condition of\\nentering into any agreement or contract with a dealer or in any dealer\\nagreement, require any dealer to waive any provision or right granted\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A38-A", "title" : "Sale of Outdated Over-the-counter Drugs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2024-11-29" ], "docLevelId" : "38-A", "activeDate" : "2014-09-22", "sequenceNo" : 1275, "repealedDate" : null, "fromSection" : "820", "toSection" : "821", "text" : " ARTICLE 38-A\\n SALE OF OUTDATED OVER-THE-COUNTER DRUGS\\nSection 820. Unlawful practices.\\n 821. Enforcement and penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "820", "title" : "Unlawful practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29" ], "docLevelId" : "820", "activeDate" : "2014-09-22", "sequenceNo" : 1276, "repealedDate" : null, "fromSection" : "820", "toSection" : "820", "text" : " § 820. Unlawful practices. It shall be unlawful for any retailer:\\n 1. to knowingly sell or offer for sale, any drug sold over-the-counter\\nwithout the need of a prescription, later than the date, if any, marked\\nupon the label as indicative of the date beyond which the contents\\ncannot be expected beyond reasonable doubt to be safe and effective;\\nprovided, however, that when such drug is identified as an outdated drug\\nby segregation from regular stock or by other means, the holding of such\\ndrug beyond its expiration date shall not be deemed a violation of this\\nsection. When the expiration date is expressed by month and year, the\\nexpiration date shall be the last day of the month indicated; or\\n 2. to knowingly alter, mutilate, destroy, obliterate or remove by\\nmeans of a price sticker or otherwise the whole or any part of the\\nexpiration date displayed on the label or packaging of any\\nover-the-counter drug.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "821", "title" : "Enforcement and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "821", "activeDate" : "2014-09-22", "sequenceNo" : 1277, "repealedDate" : null, "fromSection" : "821", "toSection" : "821", "text" : " § 821. Enforcement and penalties. 1. Whenever there shall be a\\nviolation of this article, an application may be made by the attorney\\ngeneral in the name of the people of the state of New York to a court or\\njustice having jurisdiction by a special proceeding to issue an\\ninjunction to enjoin and restrain the continuance of such violations;\\nand if it shall appear to the satisfaction of the court or justice that\\nthe defendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this article has occurred the court may\\nimpose a civil penalty of not more than five hundred dollars for each\\nviolation. For the purposes of this section each group of identical\\nitems shall constitute a single violation. In connection with any such\\nproposed application, the attorney general is authorized to take proof\\nand make a determination of the relevant facts and to issue subpoenas in\\naccordance with the civil practice law and rules.\\n 2. Before any violation of this article is sought to be enjoined, the\\nattorney general shall be required to give the person against whom such\\nproceeding is contemplated notice by certified mail and an opportunity\\nto show in writing within five business days after receipt of notice why\\nproceedings should not be instituted against him, unless the attorney\\ngeneral shall find, in any case in which he seeks preliminary relief,\\nthat to give such notice and opportunity is not in the public interest.\\n 3. In any such action it shall be a complete defense that the act or\\npractice is, or if in interstate commerce would be, subject to and\\ncomplies with the rules and regulations of, and the statutes\\nadministered by, the federal food and drug administration or any\\nofficial department, division, commission or agency of the United States\\nas such rules, regulations or statutes are interpreted by the federal\\nfood and drug administration or such department, division, commission or\\nagency or the federal courts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39", "title" : "Drug-related Paraphernalia", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39", "activeDate" : "2014-09-22", "sequenceNo" : 1278, "repealedDate" : null, "fromSection" : "850", "toSection" : "853", "text" : " ARTICLE 39\\n DRUG-RELATED PARAPHERNALIA\\nSection 850. Definitions.\\n 851. Possession and sale of drug-related paraphernalia.\\n 851-a. Manufacture of drug-related paraphernalia.\\n 852. Power of municipality to revoke license or permit.\\n 853. Enforcement; limitation of scope.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "850", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02", "2021-10-15" ], "docLevelId" : "850", "activeDate" : "2021-04-02", "sequenceNo" : 1279, "repealedDate" : null, "fromSection" : "850", "toSection" : "850", "text" : " § 850. Definitions. As used in this article, unless the context\\nclearly requires otherwise, the following words or terms shall have the\\nfollowing meanings:\\n 1. \"Controlled substance\" shall have the same meaning as defined in\\nsection three thousand three hundred two of the public health law.\\n 2. \"Drug-related paraphernalia\" consists of the following objects used\\nfor the following purposes:\\n (a) Kits, used or designed for the purpose of planting, propagating,\\ncultivating, growing or harvesting of any species of plant which is a\\ncontrolled substance or from which a controlled substance can be\\nderived;\\n (b) Kits, used or designed for the purpose of manufacturing,\\ncompounding, converting, producing, or preparing controlled substances;\\n (c) Isomerization devices, used or designed for the purpose of\\nincreasing the potency of any species of plant which is a controlled\\nsubstance;\\n (d) Scales and balances, used or designed for the purpose of weighing\\nor measuring controlled substances;\\n (e) Diluents and adulterants, including but not limited to quinine\\nhydrochloride, mannitol, mannite, dextrose and lactose, used or designed\\nfor the purpose of cutting controlled substances;\\n (g) Hypodermic syringes, needles and other objects, used or designed\\nfor the purpose of parenterally injecting controlled substances into the\\nhuman body;\\n (h) Objects, used or designed for the purpose of ingesting, inhaling,\\nor otherwise introducing cocaine into the human body.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "851", "title" : "Possession and sale of drug-related paraphernalia", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "851", "activeDate" : "2014-09-22", "sequenceNo" : 1280, "repealedDate" : null, "fromSection" : "851", "toSection" : "851", "text" : " § 851. Possession and sale of drug-related paraphernalia. It shall be\\na violation of this article for any person, firm or corporation to\\npossess with intent to sell, offer for sale, or purchase drug-related\\nparaphernalia under circumstances evincing knowledge that the\\nparaphernalia is possessed, sold or purchased for one or more of the\\ndrug-related purposes stated in subdivision two of section eight hundred\\nfifty of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "851-A", "title" : "Manufacture of drug-related paraphernalia", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "851-A", "activeDate" : "2014-09-22", "sequenceNo" : 1281, "repealedDate" : null, "fromSection" : "851-A", "toSection" : "851-A", "text" : " § 851-a. Manufacture of drug-related paraphernalia. Any person, firm\\nor corporation who manufactures drug-related paraphernalia intending, or\\nunder circumstances evincing knowledge, that such paraphernalia is to be\\nused in connection with one or more of the drug-related purposes\\nspecified in subdivision two of section eight hundred fifty of this\\narticle shall be guilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "852", "title" : "Power of municipality to revoke license or permit", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "852", "activeDate" : "2014-09-22", "sequenceNo" : 1282, "repealedDate" : null, "fromSection" : "852", "toSection" : "852", "text" : " § 852. Power of municipality to revoke license or permit. 1. A county,\\ntown, city or village which issues a license or permit authorizing any\\nperson, firm or corporation to engage in the selling or offering for\\nsale of any merchandise may revoke such license or permit upon a\\nfinding, pursuant to a hearing held thereon, that such person, firm or\\ncorporation has sold or offered for sale merchandise in violation of\\nthis article.\\n 2. The possession with intent to sell or offering for sale of\\ndrug-related paraphernalia as defined herein is hereby declared to be a\\nnuisance, and where any such drug-related paraphernalia shall be taken\\nfrom the possession of any person, the same shall be surrendered and\\nforfeited to the sheriff of the county wherein the same shall be taken,\\nexcept that in a city having a population of seventy-five thousand or\\nmore, the same shall be surrendered and forfeited to the police\\ncommissioner or other head of the police force or department of said\\ncity and except that in the counties of Nassau and Suffolk, the same\\nshall be surrendered and forfeited to the commissioner of the county\\npolice department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "853", "title" : "Enforcement; limitation of scope", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-02" ], "docLevelId" : "853", "activeDate" : "2021-04-02", "sequenceNo" : 1283, "repealedDate" : null, "fromSection" : "853", "toSection" : "853", "text" : " § 853. Enforcement; limitation of scope. 1. The attorney general or\\nany state or local health officer, town, village or city attorney, or\\nthe chief executive officer of a municipality may institute an action in\\na court of competent jurisdiction to enjoin any activity prohibited\\npursuant to section eight hundred fifty-one of this chapter. If such\\ncourt finds that any person, firm or corporation has sold or offered for\\nsale any drug-related paraphernalia, it shall assess civil penalties\\nagainst such person, firm or corporation in an amount not less than one\\nthousand dollars nor more than ten thousand dollars for each such\\nviolation.\\n 2. This article shall not apply to any sale, furnishing or possession\\nwhich is lawful under section 3381 of the public health law.\\n * 3. This article shall not apply to any sale, furnishing or\\npossession which is for a lawful purpose under the cannabis law.\\n * NB Repealed July 5, 2028\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-A", "title" : "Merchants of Torah Scrolls", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-A", "activeDate" : "2014-09-22", "sequenceNo" : 1284, "repealedDate" : null, "fromSection" : "855", "toSection" : "864", "text" : " ARTICLE 39-A\\n MERCHANTS OF TORAH SCROLLS\\nSection 855. Legislative findings.\\n 856. Definitions.\\n 857. Disclosure required.\\n 858. Posting of notice.\\n 859. Information to be provided.\\n 860. Records.\\n 861. Penalty.\\n 862. Recision and other penalties.\\n 863. Enforcement.\\n 864. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "855", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "855", "activeDate" : "2014-09-22", "sequenceNo" : 1285, "repealedDate" : null, "fromSection" : "855", "toSection" : "855", "text" : " § 855. Legislative findings. The legislature finds that, as a result\\nof the high value of Torah scrolls, there has developed a market for\\nstolen scrolls. Because scrolls are virtually identical and difficult to\\nidentify, it is necessary to provide a system by which buyers can\\nsatisfy themselves that the scroll they are purchasing was not stolen\\nthereby protecting the integrity of the marketplace, and to thwart\\ntrafficking in stolen goods of this unique nature. Accordingly, the\\nprovisions of this article are enacted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "856", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "856", "activeDate" : "2014-09-22", "sequenceNo" : 1286, "repealedDate" : null, "fromSection" : "856", "toSection" : "856", "text" : " § 856. Definitions. As used in this article:\\n (1) Merchant means a person who deals in the sale of Torah scrolls in\\nthe ordinary course of business.\\n (2) Torah scroll means an edition of the Pentateuch hand-written on\\nparchment.\\n (3) Person means any individual, partnership, corporation,\\nassociation, religious corporation, house of worship, however organized,\\nor other entity.\\n (4) Written instrument means a written or printed agreement, bill of\\nsale, invoice, certificate of authenticity or any other document\\ndescribing, pursuant to section eight hundred fifty-nine of this\\narticle, the Torah scroll which is to be sold, exchanged, donated,\\nconsigned, or otherwise transferred, by a merchant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "857", "title" : "Disclosure required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "857", "activeDate" : "2014-09-22", "sequenceNo" : 1287, "repealedDate" : null, "fromSection" : "857", "toSection" : "857", "text" : " § 857. Disclosure required. (1) No merchant shall sell, exchange,\\nconsign, donate, or otherwise transfer a Torah scroll unless a written\\ndisclosure instrument is furnished to the purchaser, consignee, donee or\\nother transferee prior to the sale, exchange, consignment, donation or\\nother transfer, which sets forth as to each scroll the descriptive\\ninformation required by section eight hundred fifty-nine of this\\narticle.\\n (2) A merchant shall inquire of any person offering a Torah scroll for\\nsale information sufficient to supply the information described in\\nsubdivisions one through four, inclusive, of section eight hundred\\nfifty-nine of this article and shall not purchase, or otherwise accept\\nfor purposes of sale, exchange, consignment, donation, or other\\ntransfer, a scroll from a person failing to provide such information.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "858", "title" : "Posting of notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "858", "activeDate" : "2014-09-22", "sequenceNo" : 1288, "repealedDate" : null, "fromSection" : "858", "toSection" : "858", "text" : " § 858. Posting of notice. In each place of business in this state\\nwhere a merchant is regularly engaged in sale of Torah scrolls he shall\\npost in a conspicuous place a sign which in legible format states:\\n\"Article 39-A of the New York General Business Law requires merchants to\\ndisclose in writing certain information concerning Torah scrolls. If you\\nare a prospective recipient of a Torah scroll from a merchant that\\ninformation must be given to you in accordance with and under penalty of\\nthat law.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "859", "title" : "Information to be provided", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "859", "activeDate" : "2014-09-22", "sequenceNo" : 1289, "repealedDate" : null, "fromSection" : "859", "toSection" : "859", "text" : " § 859. Information to be provided. The following information shall be\\nsupplied in a written instrument to each transferee of every Torah\\nscroll and shall clearly, specifically, and distinctly include:\\n (1) The name of the merchant.\\n (2) The name of the person from whom the merchant obtained the scroll,\\nas well as his address and telephone number and the date on which it was\\nreceived from him.\\n (3) The manner in which the scroll was obtained by the person from\\nwhom the merchant obtained it.\\n (4) The authority of the person selling the scroll to the merchant.\\n (5) Any unique characteristics of the scroll which would be useful for\\nidentification purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "860", "title" : "Records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "860", "activeDate" : "2014-09-22", "sequenceNo" : 1290, "repealedDate" : null, "fromSection" : "860", "toSection" : "860", "text" : " § 860. Records. Each merchant subject to the requirements of this\\narticle shall maintain, in chronological order, a copy of all disclosure\\nstatements issued by him for a period of ten years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "861", "title" : "Penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "861", "activeDate" : "2014-09-22", "sequenceNo" : 1291, "repealedDate" : null, "fromSection" : "861", "toSection" : "861", "text" : " § 861. Penalty. Any merchant who fails to comply with the requirements\\nof section eight hundred fifty-seven or eight hundred sixty or who\\nknowingly provides false or misleading information otherwise required by\\nthis article shall be guilty of a violation punishable by a fine not to\\nexceed two hundred fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "862", "title" : "Recision and other penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "862", "activeDate" : "2014-09-22", "sequenceNo" : 1292, "repealedDate" : null, "fromSection" : "862", "toSection" : "862", "text" : " § 862. Recision and other penalties. If a merchant fails to comply\\nwith the disclosure provisions of section eight hundred fifty-seven of\\nthis article, the transferee may rescind the transaction. In addition,\\nwhere the merchant has made knowingly false statements to a transferee,\\nthe transferee may recover actual damages, if any, and a penalty in the\\nsum of two hundred fifty dollars. The remedies provided in this section\\nare in addition to other remedies available by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "863", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "863", "activeDate" : "2014-09-22", "sequenceNo" : 1293, "repealedDate" : null, "fromSection" : "863", "toSection" : "863", "text" : " § 863. Enforcement. (1) Any violation of this article shall be deemed\\nto be unlawful for purposes of sections three hundred forty-nine and\\nthree hundred fifty of article twenty-two-A of this chapter.\\n (2) Any person who engages in repeated violations of this article\\nshall be deemed to have engaged in persistent fraud or illegality for\\npurposes of subdivision twelve of section sixty-three of the executive\\nlaw.\\n (3) The attorney general may bring an action pursuant to that article\\ntwenty-two-A or pursuant to that subdivision twelve to enjoin violations\\nof this article and seek restitution for any person entitled thereto. In\\naddition, the attorney general may recover, in addition to any other\\nrelief provided by law a civil penalty of five hundred dollars for each\\nviolation to be forfeited to the state of New York.\\n (4) In connection with any such action or proceeding the attorney\\ngeneral may take proof and issue subpoenas in accordance with civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "864", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "864", "activeDate" : "2014-09-22", "sequenceNo" : 1294, "repealedDate" : null, "fromSection" : "864", "toSection" : "864", "text" : " § 864. Severability. If any sentence, paragraph, section or part of\\nthis article shall be adjudged invalid by a court of competent\\njurisdiction such judgment shall not impair or invalidate the remainder\\nthereof but shall be confined to that part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-B", "title" : "Imitation Weapons", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-B", "activeDate" : "2014-09-22", "sequenceNo" : 1295, "repealedDate" : null, "fromSection" : "870", "toSection" : "873", "text" : " ARTICLE 39-B\\n IMITATION WEAPONS\\nSection 870. Legislative intent.\\n 871. Definitions.\\n 872. Prohibitions.\\n 873. Enforcement.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "870", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "870", "activeDate" : "2014-09-22", "sequenceNo" : 1296, "repealedDate" : null, "fromSection" : "870", "toSection" : "870", "text" : " § 870. Legislative intent. The legislature finds and declares that\\nthere exists an unreasonable risk of injury and death associated with\\nthe sale of toy weapons which are replica of and cannot be easily\\ndistinguished from actual weapons; that in recent years the sale and\\npossession of these imitation weapons has grown; that in nineteen\\nhundred eighty-seven, more than fourteen hundred toy imitation weapons\\ninvolved in criminal incidents were confiscated by the police in New\\nYork city alone, nearly eighty percent more than four years earlier;\\nthat when such imitation weapons are perceived as actual weapons fear\\nand dangerous defensive actions often result. The legislature further\\nfinds and declares that the purpose of this article is to safeguard the\\npublic from the unreasonable risk of death and injury that may result\\nwhen imitation weapons are perceived as real, by banning the\\nimportation, manufacture, distribution and sale of such imitation\\nweapons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "871", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19", "2022-11-18", "2023-03-10" ], "docLevelId" : "871", "activeDate" : "2014-09-22", "sequenceNo" : 1297, "repealedDate" : null, "fromSection" : "871", "toSection" : "871", "text" : " § 871. Definitions. 1. \"Firearm\" as used in this section shall have\\nthe same meaning as that term is defined by subdivision three of section\\n265.00 of the penal law and shall include machine guns, rifles and\\nshotguns as those terms are defined by subdivisions one, eleven and\\ntwelve, respectively, of section 265.00 of the penal law.\\n 2. \"Imitation weapon\" means any device or object made of plastic,\\nwood, metal or any other material which substantially duplicates or can\\nreasonably be perceived to be an actual firearm, air rifle, pellet gun,\\nor \"B-B\" gun; unless such imitation weapon (a) is colored other than\\nblack, blue, silver or aluminum, (b) is marked with a non-removable\\norange stripe which is at least one inch in width and runs the entire\\nlength of the barrel on each side and the front end of the barrel, and\\n(c) has a barrel at least one inch in diameter that is closed for a\\ndistance of not less than one-half inch from the front-end of its barrel\\nwith the same material of which the imitation weapon is made. \"Imitation\\nweapon\" does not include any nonfiring replica of an antique firearm,\\nthe original of which was designed, manufactured and produced prior to\\neighteen hundred ninety-eight.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "872", "title" : "Prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "872", "activeDate" : "2014-09-22", "sequenceNo" : 1298, "repealedDate" : null, "fromSection" : "872", "toSection" : "872", "text" : " § 872. Prohibitions. No person, firm, corporation or agent or employee\\nthereof shall import, manufacture, sell, hold for sale or distribute\\nwithin the state any imitation weapon unless such device is imported,\\nmanufactured, sold, held for sale and distributed:\\n 1. solely for subsequent transportation in interstate commerce; or\\n 2. solely for lawful use in a theatrical production, including a\\nmotion picture, television or stage production.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "873", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "873", "activeDate" : "2014-09-22", "sequenceNo" : 1299, "repealedDate" : null, "fromSection" : "873", "toSection" : "873", "text" : " § 873. Enforcement. Whenever the attorney general shall believe from\\nevidence satisfactory to him that any person, firm, corporation or\\nassociation or agent or employee thereof has violated any provision of\\nthis article, he may bring an action or special proceeding in the\\nsupreme court for a judgment enjoining the continuance of such violation\\nand for a civil penalty of not more than one thousand dollars for each\\nviolation. If it shall appear to the satisfaction of the court or\\njustice that the defendant has violated any provision of this article,\\nno proof shall be required that any person has been injured thereby nor\\nthat the defendant knowingly or intentionally violated such provision.\\nIn such action preliminary relief may be granted under article\\nsixty-three of the civil practice law and rules. In connection with any\\nsuch proposed application, the attorney general is authorized to take\\nproof, issue subpoenas and administer oaths in the manner provided in\\nthe civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-C", "title" : "Imitation Hypodermic Instruments", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-C", "activeDate" : "2014-09-22", "sequenceNo" : 1300, "repealedDate" : null, "fromSection" : "880", "toSection" : "882", "text" : " ARTICLE 39-C\\n IMITATION HYPODERMIC INSTRUMENTS\\nSection 880. Definition.\\n 881. Fabrication or packaging in the shape of hypodermic\\n instruments.\\n 882. Violations and penalties.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "880", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "880", "activeDate" : "2014-09-22", "sequenceNo" : 1301, "repealedDate" : null, "fromSection" : "880", "toSection" : "880", "text" : " § 880. Definition. For the purposes of this article, the term\\n\"hypodermic instruments\" means syringes or needles.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "881", "title" : "Fabrication or packaging in the shape of hypodermic instruments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "881", "activeDate" : "2014-09-22", "sequenceNo" : 1302, "repealedDate" : null, "fromSection" : "881", "toSection" : "881", "text" : " § 881. Fabrication or packaging in the shape of hypodermic\\ninstruments. No person, firm or corporation shall manufacture,\\ndistribute, import, or possess for the purpose of sale or resale, or\\nsell or offer for sale in this state any toy, food, or other item which\\nis fabricated, constructed or packaged to simulate hypodermic\\ninstruments.\\n This article shall not apply to items contained in toy medical kits,\\nany goods being transported through this state solely for the purpose of\\ninterstate commerce or to any goods used solely for:\\n 1. lawful medical or educational purposes; or\\n 2. use in a theatrical production, including a motion picture,\\ntelevision or stage production.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "882", "title" : "Violations and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "882", "activeDate" : "2014-09-22", "sequenceNo" : 1303, "repealedDate" : null, "fromSection" : "882", "toSection" : "882", "text" : " § 882. Violations and penalties.\\n 1. The provisions of this article may be enforced by the director of a\\nmunicipal consumer affairs office, or by the town attorney, city\\ncorporation counsel or other lawful designee of a municipality or local\\ngovernment, and all monies collected thereunder shall be retained by\\nsuch municipality or local government.\\n 2. Whenever a court has determined that a violation of this article\\nhas occurred, the court may impose a civil penalty of not more than one\\nhundred dollars for each violation, but in no event shall the total\\npenalty exceed one thousand dollars. For a second or subsequent\\nviolation in any twelve month period a penalty of not more than two\\nhundred dollars shall be imposed for each violation, but in no event\\nshall the total penalty exceed one thousand dollars for each day.\\n a. Each item manufactured, imported, sold or offered for sale in\\nviolation of this article shall constitute a violation.\\n b. Each day a violation of this article is continued shall constitute\\na separate violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-D", "title" : "Auto Equity Promoters", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-D", "activeDate" : "2014-09-22", "sequenceNo" : 1304, "repealedDate" : null, "fromSection" : "890", "toSection" : "893", "text" : " ARTICLE 39-D\\n AUTO EQUITY PROMOTERS\\nSection 890. Auto equity promotion prohibited.\\n 891. Enforcement by attorney general.\\n 892. Application of article.\\n 893. Severability.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "890", "title" : "Auto equity promotion prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "890", "activeDate" : "2014-09-22", "sequenceNo" : 1305, "repealedDate" : null, "fromSection" : "890", "toSection" : "890", "text" : " § 890. Auto equity promotion prohibited. 1. No person shall engage in\\nthe business of auto equity promotion. A person engages in the business\\nof auto equity promotion, as used in this article, provided all of the\\nfollowing conditions are met:\\n (A) The motor vehicle is subject to an outstanding lease contract,\\nretail installment contract or security agreement the terms of which\\nprohibit or prohibit without permission of the lessor, seller or secured\\nparty, the sublease, sale, transfer or assignment of any right or\\ninterest in the motor vehicle or any right or interest under the lease\\ncontract, retail installment contract, or security agreement by the\\nlessee, buyer or debtor.\\n (B) The person is not a party to the lease contract, retail\\ninstallment contract or security agreement.\\n (C) The person subleases, sells, transfers or assigns, or purports to\\nsublease, sell, transfer, or assign, any right or interest in the motor\\nvehicle or under the lease contract, retail installment contract or\\nsecurity agreement, to any person who is not a party to the lease\\ncontract, retail installment contract or security agreement.\\n (D) The person does not obtain, prior to the sublease, sale, transfer\\nor assignment described in paragraph (C) of this subdivision, written\\nconsent to the sublease, sale, transfer or assignment from the motor\\nvehicle's lessor, seller or secured party.\\n (E) The person receives compensation or some other consideration for\\nthe sublease, sale, transfer or assignment as described in paragraph (C)\\nof this subdivision.\\n 2. A person also engages in the business of auto equity promotion when\\nsuch person is not a party to the lease contract, retail installment\\ncontract or security agreement, and assists, facilitates, solicits,\\ncauses or arranges the actual or purported sublease, sale, transfer or\\nassignment as described in subdivision one of this section.\\n 3. For purposes of this section, the term \"person\" means any natural\\nperson, corporation, sole proprietorship, business, trust, partnership,\\nincorporated or unincorporated association, estate, co-operative or any\\nother legal entity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "891", "title" : "Enforcement by attorney general", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "891", "activeDate" : "2014-09-22", "sequenceNo" : 1306, "repealedDate" : null, "fromSection" : "891", "toSection" : "891", "text" : " § 891. Enforcement by attorney general. Whenever there shall be a\\nviolation of this article, application may be made by the attorney\\ngeneral in the name of the people of the state of New York to a court or\\njustice having jurisdiction by a special proceeding to issue an\\ninjunction, and upon notice to the defendant of not less than five days,\\nto enjoin and restrain the continuance of such violation; and if it\\nshall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this article, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding, the court may make\\nallowances to the attorney general as provided in paragraph six of\\nsubdivision (a) of section eighty-three hundred three of the civil\\npractice law and rules, and direct restitution. Whenever the court shall\\ndetermine that a violation of this article has occurred, the court may\\nimpose a civil penalty of not more than one thousand dollars for each\\nviolation. In connection with any such proposed application, the\\nattorney general is authorized to take proof and make a determination of\\nthe relevant fact and to issue subpoenas in accordance with the civil\\npractice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "892", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "892", "activeDate" : "2014-09-22", "sequenceNo" : 1307, "repealedDate" : null, "fromSection" : "892", "toSection" : "892", "text" : " § 892. Application of article. 1. The actual or purported transfer or\\nassignment of any right or interest in a motor vehicle or under a lease\\ncontract, retail installment contract, or security agreement, by an\\nindividual who is a party to the original lease contract, retail\\ninstallment contract, or security contract is not an act of auto equity\\npromotion under this article.\\n 2. This article shall not affect the enforceability of any provision\\nof any lease contract, retail installment contract, or security\\nagreement, by any party thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "893", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "893", "activeDate" : "2014-09-22", "sequenceNo" : 1308, "repealedDate" : null, "fromSection" : "893", "toSection" : "893", "text" : " § 893. Severability. If any provision of this article or if any\\napplication thereof to any person or circumstances is held invalid, the\\nremainder of this article and the application of the provision to other\\npersons and circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-DD", "title" : "Sale of Firearms, Rifles or Shotguns At Gun Shows", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-DD", "activeDate" : "2014-09-22", "sequenceNo" : 1309, "repealedDate" : null, "fromSection" : "895", "toSection" : "897", "text" : " ARTICLE 39-DD\\n SALE OF FIREARMS, RIFLES OR SHOTGUNS AT GUN SHOWS\\nSection 895. Definitions.\\n 896. Operation of a gun show.\\n 897. Sale of a firearm, rifle or shotgun at a gun show.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "895", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "895", "activeDate" : "2014-09-22", "sequenceNo" : 1310, "repealedDate" : null, "fromSection" : "895", "toSection" : "895", "text" : " § 895. Definitions. For the purposes of this article:\\n 1. \"Gun show\" means an event sponsored, whether for profit or not, by\\nan individual, national, state or local organization, association or\\nother entity devoted to the collection, competitive use, sporting use,\\nor any other legal use of firearms, rifles or shotguns, or an event at\\nwhich (a) twenty percent or more of the total number of exhibitors are\\nfirearm exhibitors or (b) ten or more firearm exhibitors are\\nparticipating or (c) a total of twenty-five or more pistols or revolvers\\nare offered for sale or transfer or (d) a total of fifty or more\\nfirearms, rifles or shotguns are offered for sale or transfer. The term\\ngun show shall include any building, structure or facility where\\nfirearms, rifles or shotguns are offered for sale or transfer and any\\ngrounds used in connection with the event.\\n 2. \"Firearm exhibitor\" means any person, firm, partnership,\\ncorporation or company that exhibits, sells, offers for sale, transfers,\\nor exchanges firearms, rifles or shotguns at a gun show.\\n 3. \"Gun show operator\" means any person, firm, partnership,\\ncorporation or company that organizes, produces, sponsors or operates a\\ngun show.\\n 4. \"Firearm\" has the same meaning as that term is defined in 18 U.S.C.\\n921(a)(3), but shall not include an \"antique firearm\" as that term is\\ndefined in 18 U.S.C. 921(a)(16).\\n 5. \"Rifle\" has the same meaning as that term is defined in 18 U.S.C.\\n921(a)(7).\\n 6. \"Shotgun\" has the same meaning as that term is defined in 18 U.S.C.\\n921(a)(5).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "896", "title" : "Operation of a gun show", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08", "2023-07-21" ], "docLevelId" : "896", "activeDate" : "2014-09-22", "sequenceNo" : 1311, "repealedDate" : null, "fromSection" : "896", "toSection" : "896", "text" : " § 896. Operation of a gun show. 1. A gun show operator shall:\\n (a) at all times during such show conspicuously post and maintain\\nsigns stating \"A National Instant Criminal Background Check must be\\ncompleted prior to all firearm sales or transfers, including sales or\\ntransfers of rifles or shotguns\". Signs must be posted at all entrances\\nto the gun show, at all places where admission tickets to the gun show\\nare sold and not less than four additional locations within the grounds\\nof the gun show;\\n (b) notify all firearm exhibitors in writing that a national instant\\ncriminal background check must be completed prior to all firearm sales\\nor transfers, including sales or transfers of rifles or shotguns; and\\n (c) provide access at the gun show to a firearm dealer licensed under\\nfederal law who is authorized to perform a national instant criminal\\nbackground check where the seller or transferor of a firearm, rifle or\\nshotgun is not authorized to conduct such a check by (i) requiring\\nfirearm exhibitors who are firearm dealers licensed under federal law\\nand who are authorized to conduct a national instant criminal background\\ncheck to provide such a check at cost or (ii) designating a specific\\nlocation at the gun show where a firearm dealer licensed under federal\\nlaw who is authorized to conduct a national instant criminal background\\ncheck will be present to perform such a check at cost. Any firearm\\ndealer licensed under federal law who performs a national instant\\ncriminal background check pursuant to this paragraph shall provide the\\nseller or transferor of the firearm, rifle or shotgun with a copy of the\\nUnited States Department of Treasury, Bureau of Alcohol, Tobacco and\\nFirearms Form ATF F 4473 and such dealer shall maintain such form and\\nmake such form available for inspection by law enforcement agencies for\\na period of ten years thereafter.\\n 2. Whenever the attorney general shall believe from evidence\\nsatisfactory to him or her that a gun show operator has violated any of\\nthe provisions of this section, the attorney general may bring an action\\nor special proceeding in the supreme court for a judgment enjoining the\\ncontinuance of such violation and for a civil penalty in an amount not\\nto exceed ten thousand dollars. If it shall appear to the satisfaction\\nof the court or justice that the defendant has violated any provisions\\nof this section, no proof shall be required that any person has been\\ninjured thereby nor that the defendant intentionally violated such\\nprovision. In such action preliminary relief may be granted under\\narticle sixty-three of the civil practice law and rules. In connection\\nwith any such proposed application, the attorney general is authorized\\nto take proof, issue subpoenas and administer oaths in the manner\\nprovided in the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "897", "title" : "Sale of a firearm, rifle or shotgun at a gun show", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-08-02", "2019-09-13" ], "docLevelId" : "897", "activeDate" : "2019-09-13", "sequenceNo" : 1312, "repealedDate" : null, "fromSection" : "897", "toSection" : "897", "text" : " § 897. Sale of a firearm, rifle or shotgun at a gun show. 1. A\\nnational instant criminal background check shall be conducted and no\\nperson shall sell or transfer a firearm, rifle or shotgun at a gun show,\\nexcept in accordance with the provisions of 18 U.S.C. 922(t), provided\\nthat before delivering a firearm, rifle or shotgun to any person, either\\n(a) the National Instant Criminal Background Check System (NICS) or its\\nsuccessor has issued a \"proceed\" response to the seller or transferor,\\nor (b) thirty calendar days shall have elapsed since the date the seller\\nor transferor contacted NICS to initiate a national instant criminal\\nbackground check and NICS has not notified the seller or transferor that\\nthe transfer of the firearm, rifle or shotgun to such person should be\\ndenied.\\n 2. No person shall offer or agree to sell or transfer a firearm, rifle\\nor shotgun to another person at a gun show and transfer or deliver such\\nfirearm, rifle or shotgun to such person or person acting on his or her\\nbehalf thereafter at a location other than the gun show for the purpose\\nof evading or avoiding compliance with 18 U.S.C. 922(t).\\n 3. Any person who knowingly violates any of the provisions of this\\nsection shall be guilty of a class A misdemeanor punishable as provided\\nfor in the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-DDD", "title" : "Private Sale or Disposal of Firearms, Rifles and Shotguns", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-DDD", "activeDate" : "2014-09-22", "sequenceNo" : 1313, "repealedDate" : null, "fromSection" : "898", "toSection" : "898", "text" : " ARTICLE 39-DDD\\n PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS\\nSection 898. Private sale or disposal of firearms, rifles and shotguns.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "898", "title" : "Private sale or disposal of firearms, rifles and shotguns", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-08-02", "2019-09-13", "2022-07-08", "2023-07-21" ], "docLevelId" : "898", "activeDate" : "2019-09-13", "sequenceNo" : 1314, "repealedDate" : null, "fromSection" : "898", "toSection" : "898", "text" : " § 898. Private sale or disposal of firearms, rifles and shotguns. 1.\\nIn addition to any other requirements pursuant to state and federal law,\\nall sales, exchanges or disposals of firearms, rifles or shotguns shall\\nbe conducted in accordance with this section unless such sale, exchange\\nor disposal is conducted by a licensed importer, licensed manufacturer\\nor licensed dealer, as those terms are defined in 18 USC § 922, when\\nsuch sale, exchange or disposal is conducted pursuant to that person's\\nfederal firearms license or such sale, exchange or disposal is between\\nmembers of an immediate family. When a sale, exchange or disposal is\\nconducted pursuant to a person's federal firearms license, before\\ndelivering a firearm, rifle or shotgun to any person, either (a) the\\nNational Instant Criminal Background Check System (NICS) or its\\nsuccessor has issued a \"proceed\" response to the federal firearms\\nlicensee, or (b) thirty calendar days shall have elapsed since the date\\nthe federal firearms licensee contacted NICS to initiate a national\\ninstant criminal background check and NICS has not notified the federal\\nfirearms licensee that the transfer of the firearm, rifle or shotgun to\\nsuch person should be denied. For purposes of this section, \"immediate\\nfamily\" shall mean spouses, domestic partners, children and\\nstep-children.\\n 2. Before any sale, exchange or disposal pursuant to this article, a\\nnational instant criminal background check must be completed by a dealer\\nwho consents to conduct such check, and upon completion of such\\nbackground check, shall complete a document, the form of which shall be\\napproved by the superintendent of state police, that identifies and\\nconfirms that such check was performed. Before a dealer who consents to\\nconduct a national instant criminal background check delivers a firearm,\\nrifle or shotgun to any person, either (a) NICS issued a \"proceed\"\\nresponse to the dealer, or (b) thirty calendar days shall have elapsed\\nsince the date the dealer contacted NICS to initiate a national instant\\ncriminal background check and NICS has not notified the dealer that the\\ntransfer of the firearm, rifle or shotgun to such person should be\\ndenied.\\n 3. All dealers shall maintain a record of such transactions conducted\\npursuant to this section and such record shall be maintained on the\\npremises mentioned and described in the license and shall be open at all\\nreasonable hours for inspection by any peace officer, acting pursuant to\\nhis or her special duties, or police officer.\\n 4. A dealer may require that any sale or transfer conducted pursuant\\nto this section be subject to a fee of not to exceed ten dollars per\\ntransaction.\\n 5. Any record produced pursuant to this section and any transmission\\nthereof to any government agency shall not be considered a public record\\nfor purposes of article six of the public officers law.\\n 6. Any person who knowingly violates the provisions of this article\\nshall be guilty of a class A misdemeanor punishable as provided for in\\nthe penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39DDDD", "title" : "Article 39-dddd Sale, Manufacturing, Importing and Marketing of Firearms", "docType" : "ARTICLE", "publishedDates" : [ "2021-07-09" ], "docLevelId" : "39DDDD", "activeDate" : "2021-07-09", "sequenceNo" : 1315, "repealedDate" : null, "fromSection" : "898-A", "toSection" : "898-E", "text" : " ARTICLE 39-DDDD\\n SALE, MANUFACTURING, IMPORTING AND MARKETING OF FIREARMS\\nSection 898-a. Definitions.\\n 898-b. Prohibited activities.\\n 898-c. Public nuisance.\\n 898-d. Enforcement.\\n 898-e. Private right of action.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "898-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2021-07-09", "2024-07-05", "2024-10-11", "2026-05-29" ], "docLevelId" : "898-A", "activeDate" : "2021-07-09", "sequenceNo" : 1316, "repealedDate" : null, "fromSection" : "898-A", "toSection" : "898-A", "text" : " § 898-a. Definitions. For purposes of this article, the following\\nterms shall have the following meanings:\\n 1. \"Deceptive acts or practices\" shall have the same meaning as\\ndefined in article twenty-two-A of this chapter.\\n 2. \"Reasonable controls and procedures\" shall mean policies that\\ninclude, but are not limited to: (a) instituting screening, security,\\ninventory and other business practices to prevent thefts of qualified\\nproducts as well as sales of qualified products to straw purchasers,\\ntraffickers, persons prohibited from possessing firearms under state or\\nfederal law, or persons at risk of injuring themselves or others; and\\n(b) preventing deceptive acts and practices and false advertising and\\notherwise ensuring compliance with all provisions of article\\ntwenty-two-A of this chapter.\\n 3. \"False advertising\" shall have the same meaning as defined in\\narticle twenty-two-A of this chapter.\\n 4. \"Gun industry member\" shall mean a person, firm, corporation,\\ncompany, partnership, society, joint stock company or any other entity\\nor association engaged in the sale, manufacturing, distribution,\\nimporting or marketing of firearms, ammunition, ammunition magazines,\\nand firearms accessories.\\n 5. The terms \"knowingly\" and \"recklessly\" shall have the same meaning\\nas defined in section 15.05 of the penal law.\\n 6. \"Qualified product\" shall have the same meaning as defined in 15\\nU.S.C. section 7903(4).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "898-B", "title" : "Prohibited activities", "docType" : "SECTION", "publishedDates" : [ "2021-07-09", "2026-05-29" ], "docLevelId" : "898-B", "activeDate" : "2021-07-09", "sequenceNo" : 1317, "repealedDate" : null, "fromSection" : "898-B", "toSection" : "898-B", "text" : " § 898-b. Prohibited activities. 1. No gun industry member, by conduct\\neither unlawful in itself or unreasonable under all the circumstances\\nshall knowingly or recklessly create, maintain or contribute to a\\ncondition in New York state that endangers the safety or health of the\\npublic through the sale, manufacturing, importing or marketing of a\\nqualified product.\\n 2. All gun industry members who manufacture, market, import or offer\\nfor wholesale or retail sale any qualified product in New York state\\nshall establish and utilize reasonable controls and procedures to\\nprevent its qualified products from being possessed, used, marketed or\\nsold unlawfully in New York state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "898-C", "title" : "Public nuisance", "docType" : "SECTION", "publishedDates" : [ "2021-07-09" ], "docLevelId" : "898-C", "activeDate" : "2021-07-09", "sequenceNo" : 1318, "repealedDate" : null, "fromSection" : "898-C", "toSection" : "898-C", "text" : " § 898-c. Public nuisance. 1. A violation of subdivision one or two of\\nsection eight hundred ninety-eight-b of this article that results in\\nharm to the public shall hereby be declared to be a public nuisance.\\n 2. The existence of a public nuisance shall not depend on whether the\\ngun industry member acted for the purpose of causing harm to the public.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "898-D", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2021-07-09", "2026-05-29" ], "docLevelId" : "898-D", "activeDate" : "2021-07-09", "sequenceNo" : 1319, "repealedDate" : null, "fromSection" : "898-D", "toSection" : "898-D", "text" : " § 898-d. Enforcement. Whenever there shall be a violation of this\\narticle, the attorney general, in the name of the people of the state of\\nNew York, or a city corporation counsel on behalf of the locality, may\\nbring an action in the supreme court or federal district court to enjoin\\nand restrain such violations and to obtain restitution and damages.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "898-E", "title" : "Private right of action", "docType" : "SECTION", "publishedDates" : [ "2021-07-09" ], "docLevelId" : "898-E", "activeDate" : "2021-07-09", "sequenceNo" : 1320, "repealedDate" : null, "fromSection" : "898-E", "toSection" : "898-E", "text" : " § 898-e. Private right of action. Any person, firm, corporation or\\nassociation that has been damaged as a result of a gun industry member's\\nacts or omissions in violation of this article shall be entitled to\\nbring an action for recovery of damages or to enforce this article in\\nthe supreme court or federal district court.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-E", "title" : "Uniform Athlete Agents Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-E", "activeDate" : "2014-09-22", "sequenceNo" : 1321, "repealedDate" : null, "fromSection" : "899", "toSection" : "899-P", "text" : " ARTICLE 39-E\\n UNIFORM ATHLETE AGENTS ACT\\nSection 899. Short title.\\n 899-a. Definitions.\\n 899-b. Service of process; subpoenas.\\n 899-c. Athlete agents; registration required; void contracts.\\n 899-d. Registration as athlete agent; form; requirements.\\n 899-e. Certificate of registration; issuance or denial; renewal.\\n 899-f. Suspension, revocation or refusal to renew registration.\\n 899-g. Registration and renewal fees.\\n 899-h. Required form of contract.\\n 899-i. Notice to educational institution.\\n 899-j. Student-athlete's right to cancel.\\n 899-k. Required records.\\n 899-l. Prohibited conduct.\\n 899-m. Criminal sanctions.\\n 899-n. Civil remedies.\\n 899-o. Administrative penalty.\\n 899-p. Uniformity of application and construction.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899", "activeDate" : "2014-09-22", "sequenceNo" : 1322, "repealedDate" : null, "fromSection" : "899", "toSection" : "899", "text" : " § 899. Short title. This article shall be known and may be cited as\\nthe \"uniform athlete agents act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-A", "activeDate" : "2014-09-22", "sequenceNo" : 1323, "repealedDate" : null, "fromSection" : "899-A", "toSection" : "899-A", "text" : " § 899-a. Definitions. As used in this article the following terms\\nshall have the following meanings:\\n 1. \"Agency contract\" means an agreement in which a student-athlete\\nauthorizes a person to negotiate or solicit on behalf of the\\nstudent-athlete a professional sports-services contract or an\\nendorsement contract.\\n 2. \"Athlete agent\" means an individual who enters into an agency\\ncontract with a student-athlete or, directly or indirectly, recruits or\\nsolicits a student-athlete to enter into an agency contract. Such term\\nincludes an individual who represents to the public that the individual\\nis an athlete agent. This term shall not include a spouse, parent,\\nsibling, grandparent or guardian of the student-athlete, or an\\nindividual acting solely on behalf of a professional sports team or\\nprofessional sports organization.\\n 3. \"Athletic director\" means an individual responsible for\\nadministering the overall athletic program of an educational institution\\nor, if an educational institution has separately administered athletic\\nprograms for male students and female students, the athletic program for\\nmales or the athletic program for females, as appropriate.\\n 4. \"Contact\" means a communication, direct or indirect, between an\\nathlete agent and a student-athlete, to recruit or solicit the\\nstudent-athlete to enter into an agency contract.\\n 5. \"Endorsement contract\" means an agreement under which a\\nstudent-athlete is employed or receives consideration to use on behalf\\nof the other party any value that the student-athlete may have because\\nof publicity, reputation, following or fame obtained because of athletic\\nability or performance.\\n 6. \"Intercollegiate sport\" means a sport played at the collegiate\\nlevel for which eligibility requirements for participation by a\\nstudent-athlete are established by a national association which promotes\\nor regulates such sport and is recognized by the educational institution\\nthat said student-athlete attends.\\n 7. \"Person\" means an individual, corporation, business trust, estate,\\ntrust, partnership, limited liability company, association, joint\\nventure, government, governmental subdivision, agency, instrumentality,\\npublic corporation, or any other legal or commercial entity.\\n 8. \"Professional sports-services contract\" means an agreement under\\nwhich an individual is employed, or agrees to render services, as a\\nplayer on a professional sports team, with a professional sports\\norganization or as a professional athlete.\\n 9. \"Record\" means information that is inscribed on a tangible medium\\nor that is stored in an electronic or other medium and is retrievable in\\nperceivable form.\\n 10. \"Registration\" means registration as an athlete agent pursuant to\\nthis article.\\n 11. \"State\" means a state of the United States, the District of\\nColumbia, Puerto Rico, the United States Virgin Islands, or any\\nterritory or insular possession subject to the jurisdiction of the\\nUnited States.\\n 12. \"Student-athlete\" means an individual who engages in, is eligible\\nto engage in, may be eligible in the future to engage in or was eligible\\nin the past thirty days to engage in any intercollegiate or\\ninterscholastic sport. If an individual is permanently ineligible to\\nparticipate in a particular intercollegiate sport, such individual shall\\nnot be considered a student-athlete thirty days after losing his or her\\neligibility for purposes of that sport.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-B", "title" : "Service of process; subpoenas", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-B", "activeDate" : "2014-09-22", "sequenceNo" : 1324, "repealedDate" : null, "fromSection" : "899-B", "toSection" : "899-B", "text" : " § 899-b. Service of process; subpoenas. 1. By acting as an athlete\\nagent in this state, a nonresident individual appoints the secretary of\\nstate as the individual's agent for service of process in any civil\\naction in this state related to the individual's acting as an athlete\\nagent in this state.\\n 2. The secretary of state may issue subpoenas for any material that is\\nrelevant to the administration of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-C", "title" : "Athlete agents; registration required; void contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-C", "activeDate" : "2014-09-22", "sequenceNo" : 1325, "repealedDate" : null, "fromSection" : "899-C", "toSection" : "899-C", "text" : " § 899-c. Athlete agents; registration required; void contracts. 1.\\nExcept as otherwise provided in subdivision two of this section, an\\nindividual shall not act as an athlete agent in this state without\\nholding a certificate of registration issued pursuant to section eight\\nhundred ninety-nine-e of this article.\\n 2. Before being issued a certificate of registration, an individual\\nmay act as an athlete agent in this state for all purposes except\\nsigning an agency contract, if:\\n (a) a student-athlete or another person acting on behalf of the\\nstudent-athlete initiates communication with such individual; and\\n (b) within seven days after an initial act as an athlete agent, such\\nindividual submits an application for registration as an athlete agent\\nin this state.\\n 3. An agency contract resulting from conduct in violation of this\\nsection shall be void. In the event a student-athlete voids an agency\\ncontract, the student-athlete shall not be required to pay any\\nconsideration under such contract or to return any consideration\\nreceived from the athlete agent to induce the student-athlete to enter\\ninto the contract, and the athlete agent shall be required to return any\\nconsideration received pursuant to such voided agency contract.\\n 4. An agency contract shall be void and unenforceable unless it is in\\nwriting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-D", "title" : "Registration as athlete agent; form; requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-D", "activeDate" : "2014-09-22", "sequenceNo" : 1326, "repealedDate" : null, "fromSection" : "899-D", "toSection" : "899-D", "text" : " § 899-d. Registration as athlete agent; form; requirements. 1. An\\napplicant for registration shall submit an application therefor to the\\nsecretary of state in such form as shall be prescribed by the secretary\\nof state. An application filed pursuant to this section shall be a\\npublic record. The application shall be in the name of an individual\\nand, except as otherwise provided in subdivision two of this section,\\nsigned or otherwise authenticated by the applicant under penalty of\\nperjury, and state or contain:\\n (a) the name of the applicant and the address of the applicant's\\nprincipal place of business;\\n (b) the name of the applicant's business or employer, if applicable;\\n (c) any business or occupation engaged in by the applicant for the\\nfive years next preceding the date of submission of the application;\\n (d) a description of the applicant's: (i) formal training as an\\nathlete agent; (ii) practical experience as an athlete agent; and (iii)\\neducational background relating to the applicant's activities as an\\nathlete agent;\\n (e) the names and addresses of three individuals not related to the\\napplicant who are willing to serve as references;\\n (f) the name, sport and last known team for each individual for whom\\nthe applicant acted as an athlete agent during the five years next\\npreceding the date of submission of the application;\\n (g) the names and addresses of all persons who are: (i) with respect\\nto the athlete agent's business if it is not a corporation, the\\npartners, members, officers, managers, associates or profit-sharers\\nhaving an interest of five percent or greater of the business; and (ii)\\nwith respect to a corporation employing the athlete agent, the officers,\\ndirectors and any shareholder of the corporation having an interest of\\nfive percent or greater;\\n (h) whether the applicant or any person named pursuant to paragraph\\n(g) of this subdivision has been convicted of a crime that, if committed\\nin this state, would be a crime involving moral turpitude or a felony,\\nand identify the crime;\\n (i) whether there has been any administrative or judicial\\ndetermination that the applicant or any person named pursuant to\\nparagraph (g) of this subdivision has made a false, misleading,\\ndeceptive or fraudulent representation;\\n (j) any instance in which the conduct of the applicant or any person\\nnamed pursuant to paragraph (g) of this subdivision resulted in the\\nimposition of a sanction, suspension or declaration of ineligibility to\\nparticipate in an interscholastic or intercollegiate athletic event on a\\nstudent-athlete or educational institution;\\n (k) any sanction, suspension or disciplinary action taken against the\\napplicant or any person named pursuant to paragraph (g) of this\\nsubdivision by a governmental or quasi-governmental licensing entity or\\nadjudicatory process arising out of occupational or professional\\nconduct; and\\n (l) whether there has been any denial of an application for,\\nsuspension or revocation of, or refusal to renew the registration or\\nlicensure of the applicant or any person named pursuant to paragraph (g)\\nof this subdivision as an athlete agent in any state.\\n 2. An individual who has submitted an application for, and holds a\\ncertificate of, registration or licensure as an athlete agent in another\\nstate, may submit a copy of the application and certificate in lieu of\\nsubmitting an application in the form prescribed pursuant to subdivision\\none of this section. The secretary of state shall accept the application\\nand the certificate from the other state as an application for\\nregistration in this state if the application to the other state:\\n (a) was submitted in the other state within six months next preceding\\nthe submission of the application in this state and the applicant\\ncertifies that the information contained in the application is current;\\n (b) contains information substantially similar to or more\\ncomprehensive than that required in an application submitted in this\\nstate; and\\n (c) was signed by the applicant under penalty of perjury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-E", "title" : "Certificate of registration; issuance or denial; renewal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-E", "activeDate" : "2014-09-22", "sequenceNo" : 1327, "repealedDate" : null, "fromSection" : "899-E", "toSection" : "899-E", "text" : " § 899-e. Certificate of registration; issuance or denial; renewal. 1.\\nExcept as otherwise provided in subdivision two of this section, the\\nsecretary of state shall issue a certificate of registration to an\\nindividual who complies with subdivision one of section eight hundred\\nninety-nine-d of this article or whose application has been accepted\\nunder subdivision two of section eight hundred ninety-nine-d of this\\narticle.\\n 2. The secretary of state may refuse to issue a certificate of\\nregistration if the secretary of state determines that the applicant has\\nengaged in conduct that has a significant adverse effect on the\\napplicant's fitness to act as an athlete agent. In making the\\ndetermination, the secretary of state may consider whether the applicant\\nhas:\\n (a) been convicted of a crime that, if committed in this state, would\\nbe a crime involving moral turpitude or a felony;\\n (b) made a materially false, misleading, deceptive or fraudulent\\nrepresentation in the application or as an athlete agent;\\n (c) engaged in conduct that would disqualify the applicant from\\nserving in a fiduciary capacity;\\n (d) engaged in conduct prohibited by section eight hundred\\nninety-nine-l of this article;\\n (e) had a registration or licensure as an athlete agent suspended,\\nrevoked or denied, or been refused renewal of registration or licensure\\nas an athlete agent in any state;\\n (f) engaged in conduct the consequence of which was that a sanction,\\nsuspension or declaration of ineligibility to participate in an\\ninterscholastic or intercollegiate athletic event was imposed on a\\nstudent-athlete or educational institution; or\\n (g) engaged in conduct that significantly adversely reflects on the\\napplicant's credibility, honesty or integrity.\\n 3. In making a determination under subdivision two of this section,\\nthe secretary of state shall consider the factors set forth in article\\ntwenty-three of the correction law.\\n 4. An athlete agent may apply to renew a registration by submitting an\\napplication for renewal in such form as shall be prescribed by the\\nsecretary of state. An application filed pursuant to this section shall\\nbe a public record. The application for renewal shall be signed by the\\napplicant under penalty of perjury and shall contain current information\\non all matters required in an original registration.\\n 5. An individual who has submitted an application for renewal of\\nregistration or licensure in another state, in lieu of submitting an\\napplication for renewal in the form prescribed pursuant to subdivision\\nfour of this section, may file a copy of the application for renewal and\\na valid certificate of registration or licensure from the other state.\\nThe secretary of state shall accept the application for renewal from the\\nother state as an application for renewal in this state if the\\napplication to the other state:\\n (a) was submitted in the other state within six months next preceding\\nthe filing in this state and the applicant certifies the information\\ncontained in the application for renewal is current;\\n (b) contains information substantially similar to or more\\ncomprehensive than that required in an application for renewal submitted\\nin this state; and\\n (c) was signed by the applicant under penalty of perjury.\\n 6. A certificate of registration or a renewal of a registration shall\\nbe valid for two years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-F", "title" : "Suspension, revocation or refusal to renew registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-F", "activeDate" : "2014-09-22", "sequenceNo" : 1328, "repealedDate" : null, "fromSection" : "899-F", "toSection" : "899-F", "text" : " § 899-f. Suspension, revocation or refusal to renew registration. 1.\\nThe secretary of state may suspend, revoke or refuse to renew a\\nregistration for conduct that would have justified denial of\\nregistration under subdivision two of section eight hundred\\nninety-nine-e of this article.\\n 2. The secretary of state may deny, suspend, revoke or refuse to renew\\na certificate of registration or licensure only after proper notice and\\nan opportunity for a hearing as provided pursuant to provisions of the\\nstate administrative procedure act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-G", "title" : "Registration and renewal fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-G", "activeDate" : "2014-09-22", "sequenceNo" : 1329, "repealedDate" : null, "fromSection" : "899-G", "toSection" : "899-G", "text" : " § 899-g. Registration and renewal fees. An application for\\nregistration or renewal of registration shall be accompanied by a fee in\\nthe following amount:\\n 1. three hundred dollars for an initial application for registration;\\nor\\n 2. one hundred fifty dollars for an application for renewal of\\nregistration.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-H", "title" : "Required form of contract", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-H", "activeDate" : "2014-09-22", "sequenceNo" : 1330, "repealedDate" : null, "fromSection" : "899-H", "toSection" : "899-H", "text" : " § 899-h. Required form of contract. 1. An agency contract shall be in\\na record, signed or otherwise authenticated by the parties.\\n 2. An agency contract shall state or contain:\\n (a) the amount and method of calculating the consideration to be paid\\nby the student-athlete for services to be provided by the athlete agent\\nunder the contract and any other consideration the athlete agent has\\nreceived or will receive from any other source for entering into the\\ncontract or for providing the services;\\n (b) the name of any person not listed in the application for\\nregistration or renewal of registration who will be compensated because\\nthe student-athlete signed the agency contract;\\n (c) a description of any expenses that the student-athlete agrees to\\nreimburse;\\n (d) a description of the services to be provided to the\\nstudent-athlete;\\n (e) the duration of the contract; and\\n (f) the date of execution.\\n 3. An agency contract shall contain, in close proximity to the\\nsignature of the student-athlete, a conspicuous notice in boldface type\\nin capital letters stating:\\n WARNING TO STUDENT-ATHLETE\\nIF YOU SIGN THIS CONTRACT:\\n (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN\\nYOUR SPORT;\\n (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING\\nINTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR\\nATHLETIC DIRECTOR; AND\\n (3) YOU MAY CANCEL THIS CONTRACT WITHIN 5 DAYS AFTER SIGNING IT.\\nCANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.\\n 4. An agency contract that does not conform to this section is\\nvoidable by the student-athlete. If a student-athlete voids an agency\\ncontract, the student-athlete shall not be required to pay any\\nconsideration under such contract or to return any consideration\\nreceived from the athlete agent to induce the student-athlete to enter\\ninto the contract.\\n 5. The athlete agent shall give a record of the signed or otherwise\\nauthenticated agency contract to the student-athlete at the time of\\nexecution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-I", "title" : "Notice to educational institution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-I", "activeDate" : "2014-09-22", "sequenceNo" : 1331, "repealedDate" : null, "fromSection" : "899-I", "toSection" : "899-I", "text" : " § 899-i. Notice to educational institution. 1. Within seventy-two\\nhours after entering into an agency contract or before the next\\nscheduled athletic event in which the student-athlete may participate,\\nwhichever occurs first, the athlete agent shall give notice in a record\\nof the existence of the contract to the athletic director of the\\neducational institution at which the student-athlete is enrolled or the\\nathlete agent has reasonable grounds to believe the student-athlete\\nintends to enroll.\\n 2. Within seventy-two hours after entering into an agency contract or\\nbefore the next athletic event in which the student-athlete may\\nparticipate, whichever occurs first, the student-athlete shall inform\\nthe athletic director of the educational institution at which the\\nstudent-athlete is enrolled that he or she has entered into an agency\\ncontract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-J", "title" : "Student-athlete's right to cancel", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-J", "activeDate" : "2014-09-22", "sequenceNo" : 1332, "repealedDate" : null, "fromSection" : "899-J", "toSection" : "899-J", "text" : " § 899-j. Student-athlete's right to cancel. 1. A student-athlete may\\ncancel an agency contract by giving notice of the cancellation to the\\nathlete agent in a record within five days after the contract is signed.\\n 2. A student-athlete may not waive the right to cancel an agency\\ncontract.\\n 3. If a student-athlete cancels an agency contract, the\\nstudent-athlete shall not be required to pay any consideration under\\nsuch contract or to return any consideration received from the athlete\\nagent to induce the student-athlete to enter into the contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-K", "title" : "Required records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-K", "activeDate" : "2014-09-22", "sequenceNo" : 1333, "repealedDate" : null, "fromSection" : "899-K", "toSection" : "899-K", "text" : " § 899-k. Required records. 1. An athlete agent shall retain the\\nfollowing records for a period of five years:\\n (a) the name and address of each individual represented by the athlete\\nagent;\\n (b) any agency contract entered into by the athlete agent; and\\n (c) any direct costs incurred by the athlete agent in the recruitment\\nor solicitation of a student-athlete to enter into an agency contract.\\n 2. The records required to be retained pursuant to subdivision one of\\nthis section shall be open to inspection by the secretary of state\\nduring normal business hours.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-L", "title" : "Prohibited conduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-L", "activeDate" : "2014-09-22", "sequenceNo" : 1334, "repealedDate" : null, "fromSection" : "899-L", "toSection" : "899-L", "text" : " § 899-l. Prohibited conduct. 1. An athlete agent, with the intent to\\ninduce a student-athlete to enter into an agency contract, shall not:\\n (a) give any materially false or misleading information or make a\\nmaterially false promise or representation;\\n (b) furnish anything of value to a student-athlete before the\\nstudent-athlete enters into the agency contract;\\n (c) furnish anything of value to any other individual or another\\nregistered athlete agent before the student-athlete enters into the\\nagency contract; or\\n (d) fail to notify the student-athlete before he or she signs or\\notherwise authenticates an agency contract for a particular sport that\\nthe signing or authentication may make the student-athlete ineligible to\\nparticipate in that sport.\\n The prohibitions contained within this subdivision shall not prohibit\\nan athlete agent from sponsoring or furnishing equipment to an amateur\\nathletic team through a government or not-for-profit entity registered\\nwith the secretary of state pursuant to section one hundred seventy-two\\nof the executive law or entities exempt from article seven-A of the\\nexecutive law pursuant to section one hundred seventy-two-a of the\\nexecutive law, provided that sponsorship or equipment will not result in\\na student-athlete being rendered ineligible to participate in\\nintercollegiate athletics.\\n 2. An athlete agent shall not willfully:\\n (a) initiate contact with a student-athlete unless registered pursuant\\nto this article;\\n (b) refuse or fail to retain or permit inspection of the records\\nrequired to be retained by section eight hundred ninety-nine-k of this\\narticle;\\n (c) fail to register when required by section eight hundred\\nninety-nine-c of this article;\\n (d) provide materially false or misleading information in an\\napplication for registration or renewal of registration; or\\n (e) predate or postdate an agency contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-M", "title" : "Criminal sanctions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-M", "activeDate" : "2014-09-22", "sequenceNo" : 1335, "repealedDate" : null, "fromSection" : "899-M", "toSection" : "899-M", "text" : " § 899-m. Criminal sanctions. 1. Except as provided in subdivision two\\nof this section, an athlete agent who violates the provisions of section\\neight hundred ninety-nine-l of this article shall be guilty of a class A\\nmisdemeanor.\\n 2. An athlete agent who violates: (a) the provisions of section eight\\nhundred ninety-nine-l of this article, while such athlete agent's\\ncertificate of registration is suspended, after the secretary of state\\nhas revoked or refused to renew such certificate of registration\\npursuant to section eight hundred ninety-nine-f of this article, or\\nafter the secretary of state has refused to issue a certificate of\\nregistration pursuant to section eight hundred ninety-nine-e of this\\narticle shall be guilty of a class E felony; or (b) paragraph (c) of\\nsubdivision two of section eight hundred ninety-nine-l, when he or she\\nhas been previously convicted within the last five years of having\\nviolated such paragraph shall be guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-N", "title" : "Civil remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-N", "activeDate" : "2014-09-22", "sequenceNo" : 1336, "repealedDate" : null, "fromSection" : "899-N", "toSection" : "899-N", "text" : " § 899-n. Civil remedies. 1. An educational institution shall have a\\nright of action against an athlete agent for damages caused by any\\nviolation of this article. In an action brought pursuant to this\\nsection, the court may award reasonable attorney's fees to a prevailing\\nplaintiff.\\n 2. The damages of an educational institution pursuant to subdivision\\none of this section shall include losses and expenses incurred because,\\nas a result of the conduct of an athlete agent or former\\nstudent-athlete, the educational institution was injured by a violation\\nof this article or was penalized, disqualified or suspended from\\nparticipation in athletics by a national association for the promotion\\nand regulation of athletics, by an athletic conference, or by reasonable\\nself-imposed disciplinary action taken to mitigate sanctions likely to\\nbe imposed by such an organization.\\n 3. A right of action under this section shall not accrue until the\\neducational institution discovers or by the exercise of reasonable\\ndiligence would have discovered the violation by the athlete agent or\\nformer student-athlete.\\n 4. This article shall not be deemed to restrict rights, remedies or\\ndefenses of any person under law or equity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-O", "title" : "Administrative penalty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-O", "activeDate" : "2014-09-22", "sequenceNo" : 1337, "repealedDate" : null, "fromSection" : "899-O", "toSection" : "899-O", "text" : " § 899-o. Administrative penalty. The secretary of state may assess a\\ncivil penalty against an athlete agent not to exceed twenty-five\\nthousand dollars for a violation of section eight hundred ninety-nine-l\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-P", "title" : "Uniformity of application and construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-P", "activeDate" : "2014-09-22", "sequenceNo" : 1338, "repealedDate" : null, "fromSection" : "899-P", "toSection" : "899-P", "text" : " § 899-p. Uniformity of application and construction. In applying and\\nconstruing this article in this state, consideration shall be given to\\nthe need to promote uniformity of the law with respect to its subject\\nmatter among states that enact it.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-F", "title" : "Notification of Unauthorized Acquisition of Private Information; Data Security Protections", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-08-02", "2019-11-01" ], "docLevelId" : "39-F", "activeDate" : "2019-11-01", "sequenceNo" : 1339, "repealedDate" : null, "fromSection" : "899-AA", "toSection" : "899-BB", "text" : " ARTICLE 39-F\\n NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE\\n INFORMATION; DATA SECURITY PROTECTIONS\\nSection 899-aa. Notification; person without valid authorization has\\n acquired private information.\\n 899-bb. Data security protections.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-AA", "title" : "Notification; person without valid authorization has acquired private information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-08-02", "2019-11-01", "2024-12-27", "2025-02-21", "2025-03-28" ], "docLevelId" : "899-AA", "activeDate" : "2019-11-01", "sequenceNo" : 1340, "repealedDate" : null, "fromSection" : "899-AA", "toSection" : "899-AA", "text" : " § 899-aa. Notification; person without valid authorization has\\nacquired private information. 1. As used in this section, the following\\nterms shall have the following meanings:\\n (a) \"Personal information\" shall mean any information concerning a\\nnatural person which, because of name, number, personal mark, or other\\nidentifier, can be used to identify such natural person;\\n (b) \"Private information\" shall mean either: (i) personal information\\nconsisting of any information in combination with any one or more of the\\nfollowing data elements, when either the data element or the combination\\nof personal information plus the data element is not encrypted, or is\\nencrypted with an encryption key that has also been accessed or\\nacquired:\\n (1) social security number;\\n (2) driver's license number or non-driver identification card number;\\n (3) account number, credit or debit card number, in combination with\\nany required security code, access code, password or other information\\nthat would permit access to an individual's financial account;\\n (4) account number, credit or debit card number, if circumstances\\nexist wherein such number could be used to access an individual's\\nfinancial account without additional identifying information, security\\ncode, access code, or password; or\\n (5) biometric information, meaning data generated by electronic\\nmeasurements of an individual's unique physical characteristics, such as\\na fingerprint, voice print, retina or iris image, or other unique\\nphysical representation or digital representation of biometric data\\nwhich are used to authenticate or ascertain the individual's identity;\\nor\\n (ii) a user name or e-mail address in combination with a password or\\nsecurity question and answer that would permit access to an online\\naccount.\\n \"Private information\" does not include publicly available information\\nwhich is lawfully made available to the general public from federal,\\nstate, or local government records.\\n (c) \"Breach of the security of the system\" shall mean unauthorized\\naccess to or acquisition of, or access to or acquisition without valid\\nauthorization, of computerized data that compromises the security,\\nconfidentiality, or integrity of private information maintained by a\\nbusiness. Good faith access to, or acquisition of, private information\\nby an employee or agent of the business for the purposes of the business\\nis not a breach of the security of the system, provided that the private\\ninformation is not used or subject to unauthorized disclosure.\\n In determining whether information has been accessed, or is reasonably\\nbelieved to have been accessed, by an unauthorized person or a person\\nwithout valid authorization, such business may consider, among other\\nfactors, indications that the information was viewed, communicated with,\\nused, or altered by a person without valid authorization or by an\\nunauthorized person.\\n In determining whether information has been acquired, or is reasonably\\nbelieved to have been acquired, by an unauthorized person or a person\\nwithout valid authorization, such business may consider the following\\nfactors, among others:\\n (1) indications that the information is in the physical possession and\\ncontrol of an unauthorized person, such as a lost or stolen computer or\\nother device containing information; or\\n (2) indications that the information has been downloaded or copied; or\\n (3) indications that the information was used by an unauthorized\\nperson, such as fraudulent accounts opened or instances of identity\\ntheft reported.\\n (d) \"Consumer reporting agency\" shall mean any person which, for\\nmonetary fees, dues, or on a cooperative nonprofit basis, regularly\\nengages in whole or in part in the practice of assembling or evaluating\\nconsumer credit information or other information on consumers for the\\npurpose of furnishing consumer reports to third parties, and which uses\\nany means or facility of interstate commerce for the purpose of\\npreparing or furnishing consumer reports. A list of consumer reporting\\nagencies shall be compiled by the state attorney general and furnished\\nupon request to any person or business required to make a notification\\nunder subdivision two of this section.\\n 2. Any person or business which owns or licenses computerized data\\nwhich includes private information shall disclose any breach of the\\nsecurity of the system following discovery or notification of the breach\\nin the security of the system to any resident of New York state whose\\nprivate information was, or is reasonably believed to have been,\\naccessed or acquired by a person without valid authorization. The\\ndisclosure shall be made in the most expedient time possible and without\\nunreasonable delay, consistent with the legitimate needs of law\\nenforcement, as provided in subdivision four of this section, or any\\nmeasures necessary to determine the scope of the breach and restore the\\nintegrity of the system.\\n (a) Notice to affected persons under this section is not required if\\nthe exposure of private information was an inadvertent disclosure by\\npersons authorized to access private information, and the person or\\nbusiness reasonably determines such exposure will not likely result in\\nmisuse of such information, or financial harm to the affected persons or\\nemotional harm in the case of unknown disclosure of online credentials\\nas found in subparagraph (ii) of paragraph (b) of subdivision one of\\nthis section. Such a determination must be documented in writing and\\nmaintained for at least five years. If the incident affects over five\\nhundred residents of New York, the person or business shall provide the\\nwritten determination to the state attorney general within ten days\\nafter the determination.\\n (b) If notice of the breach of the security of the system is made to\\naffected persons pursuant to the breach notification requirements under\\nany of the following laws, nothing in this section shall require any\\nadditional notice to those affected persons, but notice still shall be\\nprovided to the state attorney general, the department of state and the\\ndivision of state police pursuant to paragraph (a) of subdivision eight\\nof this section and to consumer reporting agencies pursuant to paragraph\\n(b) of subdivision eight of this section:\\n (i) regulations promulgated pursuant to Title V of the federal\\nGramm-Leach-Bliley Act (15 U.S.C. 6801 to 6809), as amended from time to\\ntime;\\n (ii) regulations implementing the Health Insurance Portability and\\nAccountability Act of 1996 (45 C.F.R. parts 160 and 164), as amended\\nfrom time to time, and the Health Information Technology for Economic\\nand Clinical Health Act, as amended from time to time;\\n (iii) part five hundred of title twenty-three of the official\\ncompilation of codes, rules and regulations of the state of New York, as\\namended from time to time; or\\n (iv) any other data security rules and regulations of, and the\\nstatutes administered by, any official department, division, commission\\nor agency of the federal or New York state government as such rules,\\nregulations or statutes are interpreted by such department, division,\\ncommission or agency or by the federal or New York state courts.\\n 3. Any person or business which maintains computerized data which\\nincludes private information which such person or business does not own\\nshall notify the owner or licensee of the information of any breach of\\nthe security of the system immediately following discovery, if the\\nprivate information was, or is reasonably believed to have been,\\naccessed or acquired by a person without valid authorization.\\n 4. The notification required by this section may be delayed if a law\\nenforcement agency determines that such notification impedes a criminal\\ninvestigation. The notification required by this section shall be made\\nafter such law enforcement agency determines that such notification does\\nnot compromise such investigation.\\n 5. The notice required by this section shall be directly provided to\\nthe affected persons by one of the following methods:\\n (a) written notice;\\n (b) electronic notice, provided that the person to whom notice is\\nrequired has expressly consented to receiving said notice in electronic\\nform and a log of each such notification is kept by the person or\\nbusiness who notifies affected persons in such form; provided further,\\nhowever, that in no case shall any person or business require a person\\nto consent to accepting said notice in said form as a condition of\\nestablishing any business relationship or engaging in any transaction.\\n (c) telephone notification provided that a log of each such\\nnotification is kept by the person or business who notifies affected\\npersons; or\\n (d) substitute notice, if a business demonstrates to the state\\nattorney general that the cost of providing notice would exceed two\\nhundred fifty thousand dollars, or that the affected class of subject\\npersons to be notified exceeds five hundred thousand, or such business\\ndoes not have sufficient contact information. Substitute notice shall\\nconsist of all of the following:\\n (1) e-mail notice when such business has an e-mail address for the\\nsubject persons, except if the breached information includes an e-mail\\naddress in combination with a password or security question and answer\\nthat would permit access to the online account, in which case the person\\nor business shall instead provide clear and conspicuous notice delivered\\nto the consumer online when the consumer is connected to the online\\naccount from an internet protocol address or from an online location\\nwhich the person or business knows the consumer customarily uses to\\naccess the online account;\\n (2) conspicuous posting of the notice on such business's web site\\npage, if such business maintains one; and\\n (3) notification to major statewide media.\\n 6. (a) whenever the attorney general shall believe from evidence\\nsatisfactory to him or her that there is a violation of this article he\\nor she may bring an action in the name and on behalf of the people of\\nthe state of New York, in a court of justice having jurisdiction to\\nissue an injunction, to enjoin and restrain the continuation of such\\nviolation. In such action, preliminary relief may be granted under\\narticle sixty-three of the civil practice law and rules. In such action\\nthe court may award damages for actual costs or losses incurred by a\\nperson entitled to notice pursuant to this article, if notification was\\nnot provided to such person pursuant to this article, including\\nconsequential financial losses. Whenever the court shall determine in\\nsuch action that a person or business violated this article knowingly or\\nrecklessly, the court may impose a civil penalty of the greater of five\\nthousand dollars or up to twenty dollars per instance of failed\\nnotification, provided that the latter amount shall not exceed two\\nhundred fifty thousand dollars.\\n (b) the remedies provided by this section shall be in addition to any\\nother lawful remedy available.\\n (c) no action may be brought under the provisions of this section\\nunless such action is commenced within three years after either the date\\non which the attorney general became aware of the violation, or the date\\nof notice sent pursuant to paragraph (a) of subdivision eight of this\\nsection, whichever occurs first. In no event shall an action be brought\\nafter six years from the date of discovery of the breach of private\\ninformation by the company unless the company took steps to hide the\\nbreach.\\n 7. Regardless of the method by which notice is provided, such notice\\nshall include contact information for the person or business making the\\nnotification, the telephone numbers and websites of the relevant state\\nand federal agencies that provide information regarding security breach\\nresponse and identity theft prevention and protection information, and a\\ndescription of the categories of information that were, or are\\nreasonably believed to have been, accessed or acquired by a person\\nwithout valid authorization, including specification of which of the\\nelements of personal information and private information were, or are\\nreasonably believed to have been, so accessed or acquired.\\n 8. (a) In the event that any New York residents are to be notified,\\nthe person or business shall notify the state attorney general, the\\ndepartment of state and the division of state police as to the timing,\\ncontent and distribution of the notices and approximate number of\\naffected persons and shall provide a copy of the template of the notice\\nsent to affected persons. Such notice shall be made without delaying\\nnotice to affected New York residents.\\n (b) In the event that more than five thousand New York residents are\\nto be notified at one time, the person or business shall also notify\\nconsumer reporting agencies as to the timing, content and distribution\\nof the notices and approximate number of affected persons. Such notice\\nshall be made without delaying notice to affected New York residents.\\n 9. Any covered entity required to provide notification of a breach,\\nincluding breach of information that is not \"private information\" as\\ndefined in paragraph (b) of subdivision one of this section, to the\\nsecretary of health and human services pursuant to the Health Insurance\\nPortability and Accountability Act of 1996 or the Health Information\\nTechnology for Economic and Clinical Health Act, as amended from time to\\ntime, shall provide such notification to the state attorney general\\nwithin five business days of notifying the secretary.\\n 10. The provisions of this section shall be exclusive and shall\\npreempt any provisions of local law, ordinance or code, and no locality\\nshall impose requirements that are inconsistent with or more restrictive\\nthan those set forth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-BB", "title" : "Data security protections", "docType" : "SECTION", "publishedDates" : [ "2019-08-02", "2020-03-27" ], "docLevelId" : "899-BB", "activeDate" : "2020-03-27", "sequenceNo" : 1341, "repealedDate" : null, "fromSection" : "899-BB", "toSection" : "899-BB", "text" : " § 899-bb. Data security protections. 1. Definitions. (a) \"Compliant\\nregulated entity\" shall mean any person or business that is subject to,\\nand in compliance with, any of the following data security requirements:\\n (i) regulations promulgated pursuant to Title V of the federal\\nGramm-Leach-Bliley Act (15 U.S.C. 6801 to 6809), as amended from time to\\ntime;\\n (ii) regulations implementing the Health Insurance Portability and\\nAccountability Act of 1996 (45 C.F.R. parts 160 and 164), as amended\\nfrom time to time, and the Health Information Technology for Economic\\nand Clinical Health Act, as amended from time to time;\\n (iii) part five hundred of title twenty-three of the official\\ncompilation of codes, rules and regulations of the state of New York, as\\namended from time to time; or\\n (iv) any other data security rules and regulations of, and the\\nstatutes administered by, any official department, division, commission\\nor agency of the federal or New York state government as such rules,\\nregulations or statutes are interpreted by such department, division,\\ncommission or agency or by the federal or New York state courts.\\n (b) \"Private information\" shall have the same meaning as defined in\\nsection eight hundred ninety-nine-aa of this article.\\n (c) \"Small business\" shall mean any person or business with (i) fewer\\nthan fifty employees; (ii) less than three million dollars in gross\\nannual revenue in each of the last three fiscal years; or (iii) less\\nthan five million dollars in year-end total assets, calculated in\\naccordance with generally accepted accounting principles.\\n 2. Reasonable security requirement. (a) Any person or business that\\nowns or licenses computerized data which includes private information of\\na resident of New York shall develop, implement and maintain reasonable\\nsafeguards to protect the security, confidentiality and integrity of the\\nprivate information including, but not limited to, disposal of data.\\n (b) A person or business shall be deemed to be in compliance with\\nparagraph (a) of this subdivision if it either:\\n (i) is a compliant regulated entity as defined in subdivision one of\\nthis section; or\\n (ii) implements a data security program that includes the following:\\n (A) reasonable administrative safeguards such as the following, in\\nwhich the person or business:\\n (1) designates one or more employees to coordinate the security\\nprogram;\\n (2) identifies reasonably foreseeable internal and external risks;\\n (3) assesses the sufficiency of safeguards in place to control the\\nidentified risks;\\n (4) trains and manages employees in the security program practices and\\nprocedures;\\n (5) selects service providers capable of maintaining appropriate\\nsafeguards, and requires those safeguards by contract; and\\n (6) adjusts the security program in light of business changes or new\\ncircumstances; and\\n (B) reasonable technical safeguards such as the following, in which\\nthe person or business:\\n (1) assesses risks in network and software design;\\n (2) assesses risks in information processing, transmission and\\nstorage;\\n (3) detects, prevents and responds to attacks or system failures; and\\n (4) regularly tests and monitors the effectiveness of key controls,\\nsystems and procedures; and\\n (C) reasonable physical safeguards such as the following, in which the\\nperson or business:\\n (1) assesses risks of information storage and disposal;\\n (2) detects, prevents and responds to intrusions;\\n (3) protects against unauthorized access to or use of private\\ninformation during or after the collection, transportation and\\ndestruction or disposal of the information; and\\n (4) disposes of private information within a reasonable amount of time\\nafter it is no longer needed for business purposes by erasing electronic\\nmedia so that the information cannot be read or reconstructed.\\n (c) A small business as defined in paragraph (c) of subdivision one of\\nthis section complies with subparagraph (ii) of paragraph (b) of\\nsubdivision two of this section if the small business's security program\\ncontains reasonable administrative, technical and physical safeguards\\nthat are appropriate for the size and complexity of the small business,\\nthe nature and scope of the small business's activities, and the\\nsensitivity of the personal information the small business collects from\\nor about consumers.\\n (d) Any person or business that fails to comply with this subdivision\\nshall be deemed to have violated section three hundred forty-nine of\\nthis chapter, and the attorney general may bring an action in the name\\nand on behalf of the people of the state of New York to enjoin such\\nviolations and to obtain civil penalties under section three hundred\\nfifty-d of this chapter.\\n (e) Nothing in this section shall create a private right of action.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A39-G", "title" : "Document Destruction Contractors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39-G", "activeDate" : "2014-09-22", "sequenceNo" : 1342, "repealedDate" : null, "fromSection" : "899-AAA", "toSection" : "899-BBB", "text" : " ARTICLE 39-G\\n DOCUMENT DESTRUCTION CONTRACTORS\\nSection 899-aaa. Definitions.\\n 899-bbb. Document destruction contractors.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-AAA", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-AAA", "activeDate" : "2014-09-22", "sequenceNo" : 1343, "repealedDate" : null, "fromSection" : "899-AAA", "toSection" : "899-AAA", "text" : " § 899-aaa. Definitions. As used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Certificate\" means a certificate of registration issued under this\\narticle.\\n 2. \"Department\" means the New York state department of state.\\n 3. \"Document\" means any record kept, held, filed, produced or\\nreproduced by, with or for a person or business entity, in any physical\\nform whatsoever including, but not limited to, reports, statements,\\nexaminations, memoranda, opinions, folders, files, books, manuals,\\npamphlets, forms, papers, designs, drawings, maps, photos, letters,\\nmicrofilms, or computer tapes or discs.\\n 4. \"Document destruction\" means the burning, pulverizing, or shredding\\nof a record, or any action taken to render the personal identifying\\ninformation contained on a record unreadable and incapable of\\nreconstruction.\\n 5. \"Document destruction contractor\" means a person, firm or\\ncorporation that owns or operates a business, the principal purpose of\\nwhich is to destroy records containing personal identifying information\\nfor a fee, and for whom the total cash price of all of his, her or its\\ndocument destruction contracts exceeds five hundred dollars during any\\nperiod of twelve consecutive months.\\n 6. \"Personal information\" means any information concerning a natural\\nperson which, because of name, number, personal mark, or other\\nidentifier, can be used to identify such natural person.\\n 7. \"Personal identifying information\" means personal information\\nconsisting of any information in combination with any one or more of the\\nfollowing data elements, when either the personal information or the\\ndata element is not encrypted, or encrypted with an encryption key that\\nis included in the same record as the encrypted personal information or\\ndata element:\\n (a) social security number;\\n (b) driver's registration number or non-driver identification card\\nnumber; or\\n (c) mother's maiden name, financial services account number or code,\\nsavings account number or code, checking account number or code, debit\\ncard number or code, automated teller machine number or code, electronic\\nserial number or personal identification number.\\n 8. \"Personal identification number\" means any number or code which may\\nbe used alone or in conjunction with any other information to assume the\\nidentity of another person or access financial resources or credit of\\nanother person.\\n 9. \"Record\" means any information kept, held, filed, produced or\\nreproduced by, with or for a person or business entity, in any physical\\nform whatsoever including, but not limited to, reports, statements,\\nexaminations, memoranda, opinions, folders, files, books, manuals,\\npamphlets, forms, papers, designs, drawings, maps, photos, letters,\\nmicrofilms, or computer tapes or discs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "899-BBB", "title" : "Document destruction contractors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "899-BBB", "activeDate" : "2014-09-22", "sequenceNo" : 1344, "repealedDate" : null, "fromSection" : "899-BBB", "toSection" : "899-BBB", "text" : " § 899-bbb. Document destruction contractors. 1. On or after October\\nfirst, two thousand eight, no person, firm or corporation shall hold\\nhimself, herself or itself out to be a document destruction contractor\\nin New York state without first registering with the department as\\nprovided in this section.\\n 2. Any person, firm or corporation seeking a certificate of\\nregistration as a document destruction contractor shall file with the\\ndepartment an application for registration in such form and detail as\\nthe department shall prescribe, including the following:\\n (a) the name and residence address of the applicant;\\n (b) the business name, if other than applicant;\\n (c) the place, including the city, town or village, with the street\\nand number, where the business is to be located;\\n (d) the business telephone of the applicant;\\n (e) the length of time that the applicant has been a document\\ndestruction contractor;\\n (f) a statement indicating whether the applicant has:\\n (i) been convicted of any crime or is a debtor on any unpaid civil\\njudgment relating to work as a document destruction contractor; and\\n (ii) at any time in the past been issued a registration pursuant to\\nthis section, and if so, whether such registration was ever revoked or\\nsuspended;\\n (g) satisfactory evidence of good moral character;\\n (h) a statement indicating the methods of document destruction\\nutilized by the applicant;\\n (i) a sworn statement by the applicant that the information set forth\\nin the application is current and accurate; and\\n (j) a complete set of two fingerprint cards for each principal and\\nofficer of the applicant on a standard fingerprint card approved by the\\ndivision of criminal justice services. Such cards shall be retained by\\nthe department and used solely for the purpose of conducting an\\ninvestigation pursuant to subdivision twelve of this section. If\\nadditional copies of fingerprints are required the applicant shall\\nfurnish them upon request.\\n 3. In determining whether to issue or renew a registration, the\\nsecretary of state may consider the character, competency and integrity\\nof the applicant.\\n 4. The secretary of state may refuse to issue a registration to any\\nperson, firm or corporation whom he or she finds has been convicted of\\nany crime, or failed to pay any final civil judgment, relating to work\\nas a document destruction contractor, if such refusal will, in the\\njudgment of the secretary of state, best promote the interests of the\\npeople of this state.\\n 5. (a) A registration issued or renewed under the provisions of this\\nsection shall entitle a person to act as a registered document\\ndestruction contractor in the state of New York for a period of two\\nyears from the effective date of the registration. Any registration\\ngranted under this section may be renewed by the department upon\\napplication and payment of the fee for such renewal by the holder\\nthereof, in such form as the department may prescribe.\\n (b) The secretary of state shall have the authority to assign\\nstaggered expiration dates for registrations at the time of renewal. If\\nthe assigned date results in a term that exceeds twenty-four months, the\\napplicant shall pay an additional pro-rated adjustment together with the\\nregular renewal fee.\\n (c) The secretary of state shall issue each document destruction\\ncontractor a unique registration number.\\n 6. (a) Each original application or application for renewal for\\nregistration as a document destruction contractor shall be accompanied\\nby a fee of fifty dollars for each biennial registration period.\\n (b) Notice in writing in the manner and form prescribed by the\\ndepartment shall be given to the department at its offices in Albany\\nwithin ten days of changes of name or address by registered document\\ndestruction contractors. The fee for filing each change of name or\\naddress notice shall be ten dollars.\\n (c) In the case of loss, destruction or damage, the department may,\\nupon submission of a request in such form and manner as the department\\nmay prescribe, issue a duplicate registration upon payment of a fee of\\nten dollars.\\n 7. The fees established by this section shall not be refundable.\\n 8. Each document destruction contractor engaged in making document\\ndestruction contracts shall exhibit his or her certificate upon the\\nrequest of any interested party.\\n 9. Every document destruction contract subject to the provisions of\\nthis article, and all amendments thereto, shall be evidenced by a\\nwriting and shall be signed by all the parties to the contract. The\\nwriting shall contain the contractor's registration number issued by the\\nsecretary of state pursuant to this article.\\n 10. No person, firm or corporation shall:\\n (a) present, or attempt to present, as his, her or its own, the\\nregistration of another;\\n (b) knowingly give false evidence of a material nature to the\\ndepartment for the purpose of procuring a registration;\\n (c) falsely represent themselves to be a registered document\\ndestruction contractor;\\n (d) use or attempt to use a registration which has expired;\\n (e) offer to perform or perform any document destruction without\\nhaving a current registration as is required under this section; or\\n (f) represent in any manner that his, her or its registration\\nconstitutes an endorsement of the quality of workmanship or competency\\nof the contractor.\\n 11. Registrations issued to document destruction contractors shall not\\nbe transferable or assignable.\\n 12. (a) The secretary of state shall promulgate such rules and\\nregulations as are deemed necessary to effectuate the purposes of this\\narticle, and shall provide written notification of the provisions of\\nthis article to all document destruction contractors registered pursuant\\nto this article.\\n (b) The secretary of state shall have the power to enforce the\\nprovisions of this article and upon complaint of any person, or upon the\\nsecretary's initiative, to investigate any violation thereof or to\\ninvestigate the business, business practices and business methods of any\\nperson, firm, limited liability company, partnership or corporation\\napplying for or holding a registration as a document destruction\\ncontractor, if in the opinion of the secretary of state such\\ninvestigation is warranted. Each such applicant or registrant shall be\\nobliged, on request of the secretary of state, to supply such\\ninformation, books, papers or records as may be required concerning his,\\nher or its business, business practices or business methods, or proposed\\nbusiness practices or methods. Failure to comply with a lawful request\\nof the secretary shall be a ground for denying an application for a\\nregistration, or for revoking, suspending, or failing to renew a\\nregistration issued under this article.\\n (c) The department shall have the power to revoke or suspend any\\nregistration, or in lieu thereof to impose a fine not exceeding one\\nthousand dollars payable to the department, or reprimand any registrant\\nor deny an application for a registration or renewal thereof upon proof:\\n (i) that the applicant or registrant has violated any of the\\nprovisions of this article or the rules and regulations promulgated\\npursuant to this article;\\n (ii) that the applicant or registrant has practiced fraud, deceit or\\nmisrepresentation;\\n (iii) that the applicant or registrant has made a material\\nmisstatement in the application for or renewal of his or her\\nregistration;\\n (iv) that the applicant or registrant has demonstrated incompetence or\\nuntrustworthiness in his or her actions.\\n 13. The department shall, before denying an application for a\\nregistration or before revoking or suspending any registration, or\\nimposing any fine or reprimand, and at least fifteen days prior to the\\ndate set for the hearing, and upon due notice to the complainant or\\nobjector, notify in writing the applicant for, or the holder of such\\nregistration of any charge made and shall afford such applicant or\\nregistrant an opportunity to be heard in person or by counsel in\\nreference thereto. Such written notice may be served by delivery of same\\npersonally to the applicant or registrant, or by mailing same by\\nregistered mail to the last known business address of such applicant or\\nregistrant.\\n 14. The hearing on such charges shall be at such time and place as the\\ndepartment shall prescribe and shall be conducted by such officer or\\nperson in the department as the secretary of state may designate, who\\nshall have the power to subpoena and bring before the officer or person\\nso designated any person in this state, and administer an oath to and\\ntake testimony of any person or cause his or her deposition to be taken.\\nA subpoena issued under this section shall be regulated by the civil\\npractice law and rules. Such officer or person in the department\\ndesignated to take such testimony shall not be bound by common law or\\nstatutory rules of evidence or by technical or formal rules of\\nprocedure.\\n 15. In the event that the department shall deny the application for,\\nor revoke or suspend any such registration, or impose any fine or\\nreprimand, its determination shall be in writing and officially signed.\\nThe original of such determinations, when so signed, shall be filed in\\nthe office of the department and copies thereof shall be mailed to the\\napplicant or registrant and to the complainant within two days after\\nsuch filing.\\n 16. The department, acting by the office or person designated to\\nconduct the hearing pursuant to subdivision fourteen of this section or\\nby such other officer or person in the department as the secretary of\\nstate may designate, shall have the power to suspend the registration of\\nany registrant who has been convicted in this state or any other state\\nor territory of a felony or of any misdemeanor for a period not\\nexceeding thirty days pending a hearing and a determination of charges\\nmade against him or her. If such hearing is adjourned at the request of\\nthe registrant, or by reason of any act or omission by him or her or on\\nhis or her behalf, such suspension may be continued for the additional\\nperiod of such adjournment.\\n 17. The action of the department in granting or refusing to grant or\\nto renew a registration under this article or in revoking or suspending\\nor refusing to revoke or suspend such a registration or imposing any\\nfine or reprimand shall be subject to review by a proceeding instituted\\nunder article seventy-eight of the civil practice law and rules at the\\ninstance of the applicant for such registration, the holder of a\\nregistration so revoked, suspended, fined or reprimanded or the person\\naggrieved.\\n 18. The department shall maintain and publish a registry of all\\nregistered document destruction contractors, which shall list and\\nidentify on a county by county basis, all registered document\\ndestruction contractors doing business in this state. The department\\nshall make the registry available on its website. Copies of the roster\\nshall be made available upon request and payment of a fee to be\\ndetermined by the secretary of state and approved by the director of the\\ndivision of the budget.\\n 19. (a) Any person, firm or corporation that operates as a document\\ndestruction contractor without being registered shall be required to pay\\na civil penalty in the sum of one thousand dollars per document\\ndestruction contract entered into in violation of this section. However,\\nany such person, firm or corporation against whom such penalty has been\\nassessed may avoid all but five hundred dollars of such penalty by\\nobtaining a registration as required by this section, provided that\\napplication for such registration is made not more than ten days after\\nthe imposition of such penalty and the document destruction contractor\\nhas never received a prior fine for failure to register in New York or\\nin any other state that requires registration.\\n (b) A document destruction contractor may not maintain a civil action\\nto recover payment for work under a document destruction contract\\nperformed if such contractor is not registered as required under this\\nsection.\\n 20. Whenever there shall be a violation of this section, an\\napplication may be made by the attorney general in the name of the\\npeople of the state of New York to a court or justice having\\njurisdiction by a special proceeding to issue an injunction, and upon\\nnotice to the defendant of not less than five days, to enjoin or\\nrestrain the continuance of such violation; and if it shall appear to\\nthe satisfaction of the court or justice that the defendant has, in\\nfact, violated this section, an injunction may be issued by such court\\nor justice, enjoining and restraining any further violation, without\\nrequiring proof that any person has, in fact, been injured or damaged\\nthereby. In any such proceeding, the court may make allowances to the\\nattorney general as provided in paragraph six of subdivision (a) of\\nsection eighty-three hundred three of the civil practice law and rules,\\nand direct restitution. In connection with any such proposed\\napplication, the attorney general is authorized to take proof and make a\\ndetermination of the relevant facts and to issue subpoenas in accordance\\nwith the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A40", "title" : "Laws Repealed; When to Take Effect", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-31", "2022-03-04", "2022-03-11", "2022-06-24", "2023-09-29" ], "docLevelId" : "40", "activeDate" : "2014-09-22", "sequenceNo" : 1345, "repealedDate" : null, "fromSection" : "900", "toSection" : "901", "text" : " ARTICLE 40\\n LAWS REPEALED; WHEN TO TAKE EFFECT\\nSection 900. Laws repealed.\\n 901. When to take effect.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "900", "title" : "Laws repealed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-31", "2022-03-04", "2022-03-11", "2022-06-24" ], "docLevelId" : "900", "activeDate" : "2014-09-22", "sequenceNo" : 1346, "repealedDate" : null, "fromSection" : "900", "toSection" : "900", "text" : " § 900. Laws repealed. Of the laws enumerated in the schedule hereto\\nannexed, that portion specified in the last column is hereby repealed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "901", "title" : "When to take effect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-31", "2022-03-04", "2022-03-11", "2022-06-24", "2025-12-26", "2026-06-19" ], "docLevelId" : "901", "activeDate" : "2014-09-22", "sequenceNo" : 1347, "repealedDate" : null, "fromSection" : "901", "toSection" : "901", "text" : " § 901. When to take effect. This chapter shall take effect\\nimmediately.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A41", "title" : "Combative Sports", "docType" : "ARTICLE", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "41", "activeDate" : "2016-09-09", "sequenceNo" : 1348, "repealedDate" : null, "fromSection" : "1000", "toSection" : "1022", "text" : " ARTICLE 41\\n COMBATIVE SPORTS\\nSection 1000. Definitions.\\n 1001. Combative sports authorized.\\n 1002. Combative sports prohibited.\\n 1003. State athletic commission.\\n 1004. Jurisdiction of the commission.\\n 1005. Officers and employees of the commission.\\n 1006. Sanctioning entities.\\n 1007. Licenses; general provisions.\\n 1008. Licenses; judges.\\n 1009. Licenses; entities.\\n 1010. Licenses; professionals.\\n 1011. Temporary working permits.\\n 1012. Temporary training facilities.\\n 1013. Medical advisory board.\\n 1014. Regulation of authorized professional combative sports.\\n 1015. Conduct of authorized professional combative sports.\\n 1016. Required filings.\\n 1017. Professional wrestling; promoters.\\n 1018. Prohibited conduct.\\n 1019. Penalties.\\n 1020. Subpoenas by commission; oaths.\\n 1021. Exceptions.\\n 1022. Disposition of receipts.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1000", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1000", "activeDate" : "2016-09-09", "sequenceNo" : 1349, "repealedDate" : null, "fromSection" : "1000", "toSection" : "1000", "text" : " § 1000. Definitions. As used in this article: 1. \"Amateur\" means any\\nparticipant in a combative sport authorized pursuant to this article who\\nis not receiving or competing for, and who has never received or\\ncompeted for, any purse, money, prize, pecuniary gain, or other thing of\\nvalue exceeding seventy-five dollars or the allowable amount established\\nby the authorized amateur sanctioning entity overseeing the competition.\\n 2. \"Authorized sanctioning entity\" means an entity allowed to oversee\\nand conduct combative sports pursuant to regulations promulgated by the\\ncommission.\\n 3. \"Combative sport\" means any unarmed bout, contest, competition,\\nmatch, or exhibition undertaken to entertain an audience, wherein the\\nparticipants primarily grapple or wrestle, or deliver blows of any kind\\nto, or use force in any way to manipulate, the body of another\\nparticipant, and wherein the outcome and score depend entirely on such\\nactivities.\\n 4. \"Commission\" means the state athletic commission as provided for in\\nsection one thousand three of this article, or an agent or employee of\\nthe state athletic commission acting on its behalf.\\n 5. \"Mixed martial arts\" means a combative sport wherein the rules of\\nengagement do not limit the participants to a single, systematic,\\nfighting discipline.\\n 6. \"Professional\" means any participant in a combative sport\\nauthorized pursuant to this article, other than an amateur, who is\\nreceiving or competing for, or who has ever received or competed for,\\nany purse, money, prize, pecuniary gain, or other thing exceeding\\nseventy-five dollars in value.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1001", "title" : "Combative sports authorized", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1001", "activeDate" : "2016-09-09", "sequenceNo" : 1350, "repealedDate" : null, "fromSection" : "1001", "toSection" : "1001", "text" : " § 1001. Combative sports authorized. Combative sports conducted under\\nthe supervision of the commission, under the supervision of an\\nauthorized sanctioning entity, or as provided for in section one\\nthousand twenty-one of this article, are hereby authorized. Authorized\\ncombative sports include, amateur and professional boxing, wrestling,\\nsparring, kick boxing, single discipline martial arts and mixed martial\\narts, pursuant to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1002", "title" : "Combative sports prohibited", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1002", "activeDate" : "2016-09-09", "sequenceNo" : 1351, "repealedDate" : null, "fromSection" : "1002", "toSection" : "1002", "text" : " § 1002. Combative sports prohibited. 1. The conduct of combative\\nsports outside the supervision of the commission or an authorized\\nsanctioning entity is prohibited.\\n 2. A person advances a prohibited combative sport when, acting other\\nthan as a spectator, he or she engages in conduct which materially aids\\nany unauthorized combative sport. Such conduct includes but is not\\nlimited to conduct directed toward the creation, establishment or\\nperformance of a prohibited combative sport, toward the acquisition or\\nmaintenance of premises, paraphernalia, equipment or apparatus therefor,\\ntoward the solicitation or inducement of persons to attend or\\nparticipate therein, toward the actual conduct of the performance\\nthereof, toward the arrangement of any of its financial or promotional\\nphases, or toward any other phase of a prohibited combative sport. One\\nadvances a prohibited combative sport when, having substantial\\nproprietary or other authoritative control over premises being used with\\nhis or her knowledge for purposes of a prohibited combative sport, he or\\nshe permits such to occur or continue or makes no effort to prevent its\\noccurrence or continuation.\\n 3. A person profits from a prohibited combative sport when he or she\\naccepts or receives money or other property with intent to participate\\nin the proceeds of a prohibited combative sport, or pursuant to an\\nagreement or understanding with any person whereby he or she\\nparticipates or is to participate in the proceeds of a prohibited\\ncombative sport.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1003", "title" : "State athletic commission", "docType" : "SECTION", "publishedDates" : [ "2016-04-15" ], "docLevelId" : "1003", "activeDate" : "2016-04-15", "sequenceNo" : 1352, "repealedDate" : null, "fromSection" : "1003", "toSection" : "1003", "text" : " § 1003. State athletic commission. 1. The state athletic commission,\\nas named by chapter nine hundred twelve of the laws of nineteen hundred\\ntwenty, as amended by chapter six hundred three of the laws of nineteen\\nhundred eighty-one, is continued as a division of the department of\\nstate. The commission shall act in the best interests of combative\\nsports. The commission is enacted to protect the health, safety and\\ngeneral welfare of all participants in combative sports and spectators\\nthereof, to preserve the integrity of combative sports through the means\\nof licensing, oversight, enforcement and the authorization of\\nsanctioning entities, and to facilitate the development and responsible\\nconduct of combative sports throughout the entire state. The commission\\nshall consist of five members who shall be appointed by the governor by\\nand with the advice and consent of the senate. The governor shall\\ndesignate one of the members as chairperson of the commission. The\\nmembers of the commission shall be appointed for terms of three years.\\nAny vacancy in the membership of the commission caused otherwise than by\\nexpiration of term shall be filled only for the balance of the term of\\nthe member in whose position the vacancy occurs.\\n 2. The commissioners shall be paid their actual and necessary\\ntraveling and other expenses incurred by them in the performance of\\ntheir official duties. The members of the commission shall adopt a seal\\nfor the commission, and make such rules for the administration of their\\noffice, not inconsistent herewith, as they may deem expedient; and they\\nmay amend or abrogate such rules. Three of the members of the commission\\nshall constitute a quorum to do business; and the concurrence of a\\nmajority of the commissioners present shall be necessary to render a\\ndetermination by the commission. The commission is vested with the\\nauthority to adopt such rules and regulations as necessary to effectuate\\nthe provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1004", "title" : "Jurisdiction of the commission", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09", "2021-12-17", "2022-03-04" ], "docLevelId" : "1004", "activeDate" : "2016-09-09", "sequenceNo" : 1353, "repealedDate" : null, "fromSection" : "1004", "toSection" : "1004", "text" : " § 1004. Jurisdiction of the commission. The commission shall have and\\nis hereby vested with the sole direction, management, control and\\njurisdiction over: 1. all authorized combative sports;\\n 2. all licenses or permits granted by the commission to any and all\\npersons or entities who participate in authorized combative sports;\\n 3. all determinations regarding the authorization of amateur and\\nprofessional sanctioning entities;\\n 4. all gyms, clubs, training camps and other organizations that\\nmaintain training facilities to prepare persons for participation in\\nauthorized professional combative sports;\\n 5. the promotion of professional wrestling exhibitions to the extent\\nprovided for in this article; and\\n 6. all contracts directly related to the conduct of authorized\\nprofessional combative sports in the state of New York.\\n 7. All disclosures to the commission shall be deemed confidential.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1005", "title" : "Officers and employees of the commission", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1005", "activeDate" : "2016-09-09", "sequenceNo" : 1354, "repealedDate" : null, "fromSection" : "1005", "toSection" : "1005", "text" : " § 1005. Officers and employees of the commission. The secretary of\\nstate may appoint, and at his or her pleasure remove, an executive\\ndirector, deputies, officers, inspectors, physicians and any such other\\nemployees as may be necessary to administer the provisions of this\\narticle and fix their salaries within the amount appropriated therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1006", "title" : "Sanctioning entities", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1006", "activeDate" : "2016-09-09", "sequenceNo" : 1355, "repealedDate" : null, "fromSection" : "1006", "toSection" : "1006", "text" : " § 1006. Sanctioning entities. 1. The commission shall promulgate\\nregulations establishing a process by which entities may be recognized\\nand approved by the commission as authorized sanctioning entities for a\\nperiod of time to be established by the commission, during which the\\nentity will be allowed to oversee and conduct combative sports within\\nthe state of New York. The commission may, in its reasonable discretion,\\nlimit the scope of any recognition and approval of a sanctioning entity\\nto the oversight and conduct of one or more specific combat disciplines,\\namateur or professional combative sports, or to any combination of the\\nforegoing based on the qualifications, integrity and history of the\\nentity seeking authorization as a sanctioning entity.\\n 2. The commission shall evaluate factors including but not limited to:\\n (a) the entity's stated mission and primary purpose;\\n (b) whether the entity requires participants in combative sports to\\nuse hand, foot and groin protection;\\n (c) whether the entity has an established set of rules that requires\\nthe immediate termination of any combative sport when any participant\\nhas endured severe punishment or is in danger of suffering serious\\nphysical injury; and\\n (d) whether the entity has established protocols to effectuate the\\nappropriate and timely medical treatment of injured persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1007", "title" : "Licenses; general provisions", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1007", "activeDate" : "2016-09-09", "sequenceNo" : 1356, "repealedDate" : null, "fromSection" : "1007", "toSection" : "1007", "text" : " § 1007. Licenses; general provisions. 1. Except as otherwise provided\\nin sections one thousand six, one thousand eleven, and one thousand\\nseventeen of this article, with respect to all authorized professional\\ncombative sports in this state, all corporations, entities, persons,\\nreferees, judges, match-makers, timekeepers, professionals, and their\\nmanagers, trainers, and seconds shall be licensed by the commission. No\\nsuch corporation, entity or person shall be permitted to participate,\\neither directly or indirectly, in any authorized professional combative\\nsport, or the holding thereof, or the operation of any training facility\\nproviding contact sparring maintained either exclusively or in part for\\nthe use of professional boxers or professional mixed martial arts\\nparticipants, unless such corporation or persons shall have first\\nprocured a license from the commission. The commission shall establish\\nby rule and regulation licensing standards for all licensees.\\n 2. Every application for a license shall be in a form prescribed by\\nthe commission, shall be addressed to the commission, shall be\\nsubscribed by the applicant, and affirmed by him or her as true under\\nthe penalties of perjury, and shall set forth such facts as the\\nprovisions hereof and the rules and regulations of the commission may\\nrequire.\\n 3. (a) The commission shall establish reasonable fees, terms and\\nrenewal terms for licenses, permits and other authorizations issued\\npursuant to this article, provided, however, that all terms, renewal\\nterms and fees in effect pursuant to chapter nine hundred twelve of the\\nlaws of nineteen hundred twenty, and any subsequent amendments thereto,\\nimmediately prior to the enactment of this article, shall remain fixed\\nat their prior statutory levels for a period of two years from enactment\\nof this article. The commission shall publish all fees, including the\\naforementioned, in a single location on its website. All fees set by the\\ncommission pursuant to this section shall be subject to the approval of\\nthe director of the budget.\\n (b) With respect to the fees established by the commission pursuant to\\nparagraph (a) of this subdivision, when such fees are payable in\\nrelation to authorized combative sports constituting mixed martial arts,\\nthe following shall apply:\\n (i) by promoters, for contests held where the seating capacity is not\\nmore than two thousand five hundred, the promoter shall pay not more\\nthan five hundred dollars;\\n (ii) by promoters, for contests held where the seating capacity is\\ngreater than two thousand five hundred, but not more than five thousand,\\nthe promoter shall pay not more than one thousand dollars;\\n (iii) by promoters, for contests held where the seating capacity is\\ngreater than five thousand, but not more than fifteen thousand, the\\npromoter shall pay not more than one thousand five hundred dollars;\\n (iv) by promoters, for contests held where the seating capacity is\\ngreater than fifteen thousand, but not more than twenty-five thousand,\\nthe promoter shall pay not more than two thousand five hundred dollars;\\n (v) by promoters, for contests held where the seating capacity is\\ngreater than twenty-five thousand, the promoter shall pay not more than\\nthree thousand dollars;\\n (vi) for referees and judges, not more than one hundred dollars;\\n (vii) for professional participants, managers and trainers not more\\nthan fifty dollars; and\\n (viii) for chief seconds, not more than forty dollars.\\n 4. Any license, temporary work permit or other authorization issued\\nunder the provisions of this article may be revoked or suspended by the\\ncommission when the licensee, permittee or authorized entity has, in the\\njudgment of the commission, violated any provision of this article, rule\\nor order of the commission, demonstrated conduct detrimental to the\\ninterests of authorized combative sports generally or to the public\\ninterest, or when the commission deems it to be in the best interests of\\nthe health and safety of the licensee.\\n (a) Any licensee who suffered a knockout or technical knockout in a\\ncombative sport may, upon the recommendation of the attending commission\\nphysician, be suspended by the commission, for a period determined by\\nthe commission, and shall forfeit his or her license to the commission\\nduring such period. Such license shall not be returned to the licensee\\nuntil he or she has met all requirements, medical and otherwise, for\\nreinstatement of such license. All such suspensions shall be recorded in\\nhis or her license by a commission official.\\n (b) Notwithstanding any other provision of law, if any other state\\nshall revoke a licensee's license to compete in combative sports in that\\nstate, then the commission may act to revoke any license issued to such\\nlicensee pursuant to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1008", "title" : "Licenses; judges", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1008", "activeDate" : "2016-09-09", "sequenceNo" : 1357, "repealedDate" : null, "fromSection" : "1008", "toSection" : "1008", "text" : " § 1008. Licenses; judges. 1. Except as otherwise provided in sections\\none thousand six and one thousand seventeen of this article, only a\\nperson licensed by the commission, as a combative sports judge, may\\njudge an authorized professional combative sport within the state.\\nJudges for any authorized professional combative sport under the\\njurisdiction of the commission shall be selected by the commission from\\na list of qualified licensed judges maintained by the commission.\\n 2. Any participant in a professional combative sport or his or her\\nmanager may protest the assignment of a judge to a contest and the\\nparticipant or manager may be heard by the commission or its designee if\\nsuch protest is timely. If the protest is untimely it shall be summarily\\nrejected.\\n 3. Each person seeking to be licensed as a judge by the commission\\nshall be required to submit to or provide proof of an eye examination\\nand annually thereafter on the anniversary of the issuance of the\\nlicense. The commission shall establish continuing education programs\\nand requirements to be completed by licensed judges. Each judge must be\\ncertified as having completed a training program as approved by the\\ncommission and shall pass an examination approved by the commission.\\n 4. Each person seeking a license to judge authorized professional\\ncombative sports in the state shall be required to fill out a financial\\nquestionnaire certifying under penalty of perjury full disclosure of the\\njudge's financial situation on a questionnaire to be promulgated by the\\ncommission. Such questionnaire shall be in a form and manner approved by\\nthe commission and shall provide information as to areas of actual or\\npotential conflict of interest as well as appearances of such conflicts,\\nincluding financial responsibility. Within forty-eight hours of any\\nmatch, each judge of a professional combative sport shall file with the\\ncommission a financial disclosure statement in such form and manner as\\nshall be acceptable to the commission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1009", "title" : "Licenses; entities", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1009", "activeDate" : "2016-09-09", "sequenceNo" : 1358, "repealedDate" : null, "fromSection" : "1009", "toSection" : "1009", "text" : " § 1009. Licenses; entities. 1. (a) Except as otherwise provided in\\nsections one thousand six and one thousand seventeen of this article,\\nonly entities licensed by the commission may conduct an authorized\\nprofessional combative sport within the state. The commission may, in\\nits discretion, issue a license to conduct or hold authorized\\nprofessional combative sports, subject to the provisions hereof, to any\\nperson or corporation duly incorporated, or limited liability company\\nauthorized, under the laws of the state of New York.\\n (b) A prospective licensee must submit to the commission proof that it\\ncan furnish suitable premises, as determined by the commission, in which\\nsuch combative sport is to be held.\\n (c) Upon written application the commission may grant to any entity\\nholding a license issued hereunder, the privilege of holding such a\\nmatch or exhibition on a specified date in other premises, or in another\\nlocation, than the premises or location previously approved by the\\ncommission, subject however to approval of the commission and the rules\\nand regulations of the commission.\\n 2. (a) The commission may, in its discretion and in accordance with\\nregulations adopted by the commission to protect the health and safety\\nof professionals in training, issue a license to operate a training\\nfacility providing contact sparring maintained either exclusively or in\\npart for the use of professional combative sports participants. At a\\nminimum, any such regulation shall require:\\n (i) first aid materials to be stored in an accessible location on the\\npremises and for the presence on the premises of a person trained and\\ncertified in the use of such materials and procedures for\\ncardio-pulmonary resuscitation at all times during which the facility is\\nopen for training purposes;\\n (ii) clean and sanitary bathrooms, shower rooms, and locker rooms;\\n (iii) adequate ventilation and lighting of accessible areas of the\\ntraining facility;\\n (iv) establishment of a policy concerning the restriction of smoking\\nin training areas, including provisions for its enforcement by the\\nfacility operator;\\n (v) compliance with state and local fire ordinances;\\n (vi) inspection and approval of surfaces on which training for\\ncombative sports will be held; and\\n (vii) establishment of a policy for posting all commission license\\nsuspensions and license revocations received from the commission\\nincluding provisions for enforcement of such suspensions and revocations\\nby the facility operator.\\n (b) A prospective entity licensee shall submit to the commission proof\\nthat it can furnish suitable facilities in which the training is to be\\nconducted, including the making of such training facilities available\\nfor inspection by the commission at any time during which training is in\\nprogress.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1010", "title" : "Licenses; professionals", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1010", "activeDate" : "2016-09-09", "sequenceNo" : 1359, "repealedDate" : null, "fromSection" : "1010", "toSection" : "1010", "text" : " § 1010. Licenses; professionals. 1. Except as otherwise provided in\\nsections one thousand six, one thousand eleven and one thousand\\nseventeen of this article, only persons licensed by the commission shall\\ncompete in authorized professional combative sports.\\n 2. Any professional applying for a license or renewal of a license to\\nparticipate in combative sports under this article shall undergo a\\ncomprehensive physical examination including clinical neurological\\nexaminations by a physician approved by the commission. If, at the time\\nof such examination, there is any indication of brain injury, or for any\\nother reason the physician deems it appropriate, the professional shall\\nbe required to undergo further neurological examinations by a\\nneurologist including magnetic resonance imaging or other medically\\nequivalent procedures. The commission shall not issue a license to a\\nprofessional until such examinations are completed and reviewed by the\\ncommission. The results of all such examinations herein required shall\\nbecome a part of the professional's permanent medical record as\\nmaintained by the commission. The costs of all such examinations shall\\nbe assumed by the applicant or promoter with which the professional is\\naffiliated, regardless of provider.\\n 3. Any professional licensed under this article shall, as a condition\\nof licensure, waive right of confidentiality of medical records relating\\nto treatment of any physical condition which relates to his or her\\nability to fight. All medical reports submitted to, and all medical\\nrecords of the medical advisory board or the commission relative to the\\nphysical examination or condition of professionals shall be considered\\nconfidential, and shall be open to examination only to the commission or\\nits authorized representative, to the licensed professional or manager\\nupon written application to examine said records, or upon the order of a\\ncourt of competent jurisdiction in an appropriate case.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1011", "title" : "Temporary working permits", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1011", "activeDate" : "2016-09-09", "sequenceNo" : 1360, "repealedDate" : null, "fromSection" : "1011", "toSection" : "1011", "text" : " § 1011. Temporary working permits. The commission may issue temporary\\nworking permits to professionals, their managers, trainers and seconds.\\nA temporary working permit shall authorize the employment of the holder\\nof such permit to engage in a single authorized professional combative\\nsport at a specified time and place. The commission may require that\\nprofessionals applying for temporary working permits undergo a physical\\nexamination and neurological test or procedure, including magnetic\\nresonance imaging or medically equivalent procedure. Temporary working\\npermits shall expire upon the completion of the single authorized\\nprofessional combative sport and any subsequent evaluations or\\ninspections required by the commission. The fee for such temporary\\nworking permit shall be established by the commission pursuant to rule.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1012", "title" : "Temporary training facilities", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1012", "activeDate" : "2016-09-09", "sequenceNo" : 1361, "repealedDate" : null, "fromSection" : "1012", "toSection" : "1012", "text" : " § 1012. Temporary training facilities. The commission in its judgment\\nmay exempt from licensing under this article any training facility\\nproviding contact sparring established and maintained on a temporary\\nbasis for the purpose of preparing professionals for a specific\\nauthorized combative sport to be conducted, held or given within the\\nstate of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1013", "title" : "Medical advisory board", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1013", "activeDate" : "2016-09-09", "sequenceNo" : 1362, "repealedDate" : null, "fromSection" : "1013", "toSection" : "1013", "text" : " § 1013. Medical advisory board. 1. The medical advisory board created\\npursuant to chapter nine hundred twelve of the laws of nineteen hundred\\ntwenty, and subsequent amendments thereto is hereby continued without\\ninterruption. It shall remain a division of the state athletic\\ncommission, and shall consist of nine members to be appointed by the\\ngovernor. The governor shall designate one of such members as\\nchairperson of the advisory board. The term of a member thereafter\\nappointed, except to fill a vacancy, shall be three years from the\\nexpiration of the term of his predecessor. Upon the appointment of a\\nsuccessor to the chairperson of the advisory board, the governor shall\\ndesignate such successor or other member of the advisory board as\\nchairperson. A vacancy occurring otherwise than by expiration of term,\\nshall be filled by appointment by the governor for the remainder only of\\nthe term. Each member of the advisory board shall be duly licensed to\\npractice medicine in the state of New York, and at the time of his or\\nher appointment have had at least five years' experience in the practice\\nof his or her profession. The members of the advisory board shall\\nreceive such compensation as may be fixed by the commission within the\\namount provided by appropriation, and shall be allowed and paid\\nnecessary traveling and other expenses incurred by them, respectively,\\nin the performance of their duties hereunder.\\n 2. The advisory board shall have power and it shall be the duty of the\\nboard to prepare and submit to the commission for approval regulations\\nand standards for the physical examination of professionals including,\\nwithout limitation, pre-fight and post-fight examinations and periodic\\ncomprehensive examinations. The board shall continue to serve in an\\nadvisory capacity to the commission and from time to time prepare and\\nsubmit to the commission for approval, such additional regulations and\\nstandards of examination as in their judgment will safeguard the\\nphysical welfare of professionals licensed by the commission. The\\nadvisory board shall recommend to the commission from time to time such\\nqualified physicians, who may be designated and employed by the\\ncommission for the purpose of conducting physical examinations of\\nprofessionals and other services as the rules of the commission shall\\nprovide. Such physicians, if so employed, shall receive compensation as\\nfixed by the commission within amounts appropriated therefor. The\\nprovisions of section seventeen of the public officers law shall apply\\nto any physician who:\\n (a) is designated and employed by the commission; and\\n (b) is rendering professional services on behalf of the commission to\\nprofessionals.\\n 3. The advisory board shall develop or recommend appropriate medical\\neducation programs for all commission personnel involved in the conduct\\nof authorized combative sports so that such personnel can recognize and\\nact upon evidence of potential or actual adverse medical indications in\\na participant prior to, during or after the course of a match.\\n 4. The advisory board shall review the credentials and performance of\\neach commission physician on an annual basis.\\n 5. The advisory board shall advise the commission on any study of\\nequipment, procedures or personnel which will, in their opinion, promote\\nthe safety of professionals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1014", "title" : "Regulation of authorized professional combative sports", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1014", "activeDate" : "2016-09-09", "sequenceNo" : 1363, "repealedDate" : null, "fromSection" : "1014", "toSection" : "1014", "text" : " § 1014. Regulation of authorized professional combative sports. The\\ncommission shall promulgate regulations governing the conduct of\\nauthorized professional combative sports that:\\n 1. establish parameters and limitations on weights and classes of\\nprofessionals;\\n 2. establish parameters and limitations on the number and duration of\\nrounds;\\n 3. establish the requirements for the presence of medical equipment,\\nmedical personnel, an ambulance, other emergency apparatus and an\\nemergency medical plan;\\n 4. establish responsibilities of all licensees before, during and\\nafter an event;\\n 5. define unsportsmanlike practices;\\n 6. establish conditions for the forfeiture of any prize, remuneration\\nor purse, or any part thereof based on the conduct of professionals,\\ntheir managers and seconds;\\n 7. establish parameters and standards for required and allowed\\nequipment items utilized by professionals;\\n 8. establish parameters and standards for rings, combat surfaces and\\nappurtenances thereto; and\\n 9. establish such other rules and conditions as are necessary to\\neffectuate the commission's purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1015", "title" : "Conduct of authorized professional combative sports", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1015", "activeDate" : "2016-09-09", "sequenceNo" : 1364, "repealedDate" : null, "fromSection" : "1015", "toSection" : "1015", "text" : " § 1015. Conduct of authorized professional combative sports. 1. All\\nbuildings or structures used or intended to be used for conducting\\nauthorized professional combative sports shall be properly ventilated\\nand provided with fire exits and fire escapes, and in all manner conform\\nto the laws, ordinances and regulations pertaining to buildings in the\\ncity, town or village where situated.\\n 2. No person under the age of eighteen years shall participate in any\\nauthorized professional combative sports, and no person under sixteen\\nyears of age shall be permitted to attend thereat as a spectator,\\nprovided, however, that a person under the age of sixteen may be\\npermitted to attend as a spectator if accompanied by a parent or\\nguardian.\\n 3. Except as otherwise provided in sections one thousand six and one\\nthousand seventeen of this article, at each authorized professional\\ncombative sport, except where conducted solely for training purposes,\\nthere shall be in attendance a duly licensed referee who shall direct\\nand control the same. There shall also be in attendance, except where\\nconducted solely for training purposes, three duly licensed judges who\\nshall at the termination of each such authorized professional combative\\nsport render their decision. The winner shall be determined in\\naccordance with a scoring system prescribed by the commission.\\n 4. Except as otherwise provided in sections one thousand six and one\\nthousand seventeen of this article, the commission shall direct an\\nemployee of the commission to be present at each place where authorized\\nprofessional combative sports are to be conducted. Such employee of the\\ncommission shall ascertain the exact conditions surrounding such\\nauthorized professional combative sport and make a written report of the\\nsame in the manner and form prescribed by the commission. Where\\nauthorized professional combative sports are approved to be held in a\\nstate or city owned armory, the provision of the military law in respect\\nthereto must be complied with.\\n 5. Except as otherwise provided in sections one thousand six and one\\nthousand seventeen of this article, any ring or combat surface must be\\ninspected and approved by the commission prior to the commencement of\\nany authorized professional combative sport.\\n 6. Except as otherwise provided in sections one thousand six and one\\nthousand seventeen of this article, all professionals must be examined\\nby a physician designated by the commission before entering the ring or\\ncombat surface and each such physician shall immediately file with the\\ncommission a written report of such examination. The cost of any such\\nexamination, as prescribed by a schedule of fees established by the\\ncommission, shall be paid by the corporation conducting the authorized\\nprofessional combative sport to the commission. It shall be the duty of\\nevery person or corporation licensed to conduct an authorized\\nprofessional combative sport, to have in attendance at every authorized\\nprofessional combative sport, at least one physician designated by the\\ncommission as the rules shall provide. The commission may establish a\\nschedule of fees to be paid by the licensee to cover the cost of such\\nattendance.\\n 7. The physician shall terminate any authorized professional combative\\nsport if in the opinion of such physician any professional has received\\nsevere punishment or is in danger of serious physical injury. In the\\nevent of any serious physical injury, such physician shall immediately\\nrender any emergency treatment necessary, recommend further treatment or\\nhospitalization if required, and fully report the entire matter to the\\ncommission within twenty-four hours and if necessary, subsequently\\nthereafter. Such physician may also require that the injured\\nprofessional and his or her manager remain in the ring or on the\\npremises or report to a hospital after the contest for such period of\\ntime as such physician deems advisable. Any professional licensed under\\nthis article rendered unconscious or suffering head trauma as determined\\nby the attending physician shall be immediately examined by the\\nattending commission physician and shall be required to undergo\\nneurological examinations by a neurologist including but not limited to\\nmagnetic resonance imaging or medically equivalent procedure.\\n 8. Such physician may enter the ring at any time during an authorized\\nprofessional combative sport and may terminate the match if in his or\\nher opinion the same is necessary to prevent severe punishment or\\nserious physical injury to a professional.\\n 9. Before a license shall be granted to a person or corporation to\\nconduct an authorized professional combative sport, the applicant shall\\nexecute and file with the secretary of state a bond in an amount to be\\ndetermined by the commission, to be approved as to form and sufficiency\\nof sureties thereon by the secretary of state, conditioned for the\\nfaithful performance by said corporation of the provisions of this\\narticle and the rules and regulations of the commission, and upon the\\nfiling and approval of said bond the secretary of state shall issue to\\nsaid applicant a certificate of such filing and approval, which shall\\nbe, by said applicant, filed in the office of the commission with its\\napplication for license, and no such license shall be issued until such\\ncertificate shall be filed. In case of default in such performance, the\\ncommission may impose upon the delinquent a penalty in the sum of not\\nmore than one thousand dollars for each offense, which may be recovered\\nby the attorney-general in the name of the people of the state of New\\nYork in the same manner as other penalties are recovered by law; any\\namount so recovered shall be paid into the treasury.\\n 10. In addition to the bond required by subdivision nine of this\\nsection, each applicant for a license to conduct an authorized\\nprofessional combative sport shall execute and file with the secretary\\nof state a bond in an amount to be determined by the commission to be\\napproved as to form and sufficiency of sureties thereon by the secretary\\nof state, conditioned for and guaranteeing the payment of professionals'\\nand professional wrestlers' purses, salaries of club employees licensed\\nby the commission, and the legitimate expenses of printing tickets and\\nall advertising material.\\n 11. All persons, parties or corporations having licenses as promoters\\nor who are licensed in accordance with section one thousand seventeen of\\nthis article shall continuously provide accident insurance or such other\\nform of financial guarantee deemed acceptable by the commission, for the\\nprotection of licensed professionals and professional wrestlers,\\nappearing in authorized professional combative sports or wrestling\\nexhibitions. Such accident insurance or financial guarantee shall\\nprovide coverage to the licensed professional for: medical, surgical and\\nhospital care, with a minimum limit of fifty thousand dollars for\\ninjuries sustained while participating in any program operated under the\\ncontrol of such licensed promoter and for a payment of fifty thousand\\ndollars to the estate of any deceased athlete where such death is\\noccasioned by injuries received in this state during the course of a\\nprogram in which such licensed professional or professional wrestler\\nparticipated under the promotion or control of any licensed promoter;\\nand, medical, surgical and hospital care with a minimum limit of one\\nmillion dollars for the treatment of a life-threatening brain injury\\nsustained in a program operated under the control of such licensed\\npromoter, where an identifiable, causal link exists between the\\nprofessional licensee's participation in such program and the\\nlife-threatening brain injury. Where applicable, professional licensees\\nshall be afforded the option to supplement the premiums for the accident\\ninsurance or financial guarantee to increase the coverage beyond the\\nminimum limits required by this subdivision. The commission may from\\ntime to time, promulgate regulations to adjust the amount of such\\nminimum limits. The failure to provide such insurance as is required by\\nthis subdivision shall be cause for the suspension or the revocation of\\nthe license of such defaulting entity.\\n 12. (a) Every individual, corporation, association or club holding any\\nprofessional or amateur combative sport, including any professional\\nwrestling match or exhibition, for which an admission fee is charged or\\nreceived, shall notify the athletic commission at least ten days in\\nadvance of the holding of such contest. All tickets of admission to any\\nsuch professional or amateur combative sport or professional wrestling\\nmatch or exhibition shall be procured from a printer duly authorized by\\nthe state athletic commission to print such tickets and shall bear\\nclearly upon the face thereof the purchase price and location of same.\\n (b) Pursuant to direction by the commissioner of taxation and finance,\\nemployees or officers of the commission shall act as agents of the\\ncommissioner of taxation and finance to collect the tax imposed by\\narticle nineteen of the tax law. The athletic commission shall provide\\nthe commissioner of taxation and finance with such information and\\ntechnical assistance as may be necessary for the proper administration\\nof such tax.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1016", "title" : "Required filings", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1016", "activeDate" : "2016-09-09", "sequenceNo" : 1365, "repealedDate" : null, "fromSection" : "1016", "toSection" : "1016", "text" : " § 1016. Required filings. 1. The organization that promotes, sanctions\\nor otherwise participates in the proposition, selection, or arrangement\\nof one or more professionals for a contest must file with the commission\\na written statement executed under penalty of perjury stating (a) all\\ncharges, expenses, fees, and costs that will be assessed against any\\nprofessional participating in the event; (b) all payments, benefits,\\ncomplimentary benefits and fees the organization or entity will receive\\nfor its affiliation with the event; (c) the name of the promoter; (d)\\nsponsor of the event; and (e) all other sources, and such other and\\nadditional information as required by the commission. Such written\\nstatement shall be filed in a form and manner acceptable to the\\ncommission.\\n 2. The promoter, organizer, producer or another that participates in\\nthe proposition, selection, or arrangement of one or more professionals\\nfor a contest must file with the commission a written statement under\\npenalty of perjury detailing all charges, fees, costs and expenses by or\\nthrough the promoter on the professional pertaining to the event,\\nincluding any portion of the professional's purse that the promoter will\\nreceive and training expenses and all payments, gifts or benefits the\\npromoter is providing to any sanctioning organization affiliated with\\nthe event. Such written statement shall be filed in a form and manner\\nacceptable to the commission.\\n 3. The promoter, organizer, producer or another that participates in\\nthe proposition, selection, or arrangement of one or more professionals\\nfor a contest must file with the commission a copy of any agreement in\\nwriting to which the promoter is a party with any professional\\nparticipating in the match.\\n 4. All contracts calling for the services of a professional in an\\nauthorized professional combative sport and entered into by licensed\\npromoters, professionals or managers as one or more of the parties in\\nsuch contracts, including those contracts which relate to the rights to\\ndistribute, televise or otherwise transmit any authorized professional\\ncombative sport over the airwaves or by cable shall be subject to the\\napproval of the commission and copies thereof shall be filed with the\\ncommission by such corporation, professional or manager within\\nforty-eight hours after the execution of such contract and at least ten\\nbusiness days prior to any bouts, or the first of any series of bouts,\\nto which they relate. The commission may waive such filing deadline for\\ngood cause shown.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1017", "title" : "Professional wrestling; promoters", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1017", "activeDate" : "2016-09-09", "sequenceNo" : 1366, "repealedDate" : null, "fromSection" : "1017", "toSection" : "1017", "text" : " § 1017. Professional wrestling; promoters. 1. For the purposes of this\\narticle, \"professional wrestling\" shall mean an activity in which\\nparticipants struggle hand-in-hand primarily for the purpose of\\nproviding entertainment to spectators and which does not comprise a bona\\nfide athletic contest or competition.\\n 2. Every person, partnership or corporation promoting one or more\\nprofessional wrestling exhibitions in this state shall be required to\\nobtain from the commission an annual license to conduct such exhibitions\\nsubject to terms and conditions promulgated by the commission pursuant\\nto rule and consistent with the applicable provisions of this article.\\nEach applicant shall pay an annual fee established by the commission\\npursuant to rule.\\n 3. A licensed promoter of a professional wrestling exhibition in the\\nstate shall notify the athletic commission at least ten days in advance\\nof the holding of the exhibition. Each such promoter shall execute and\\nfile with the comptroller a bond in an amount not less than twenty\\nthousand dollars to be approved as to form and sufficiency of sureties\\nthereon by the comptroller, conditioned for and guaranteeing the payment\\nof professional wrestler's purses, salaries of club employees licensed\\nby the commission, the legitimate expenses of printing tickets and all\\nadvertising material, payments to sponsoring organizations, and the\\napplicable state and local sales and compensating use tax.\\n 4. A licensed promoter of a professional wrestling exhibition shall\\nprovide for a licensed physician to be present at each exhibition, and\\nsuch physician shall examine each wrestler prior to each performance,\\nand each such pre-performance examination shall be conducted in\\naccordance with regulations prescribed by the commission.\\n 5. Every licensed promoter of professional wrestling who promotes six\\nor more exhibitions in the state in a calendar year must have in place\\nan anti-drug plan and file with the commission a written copy of the\\nplan. Each such plan shall address the use of a controlled substance\\ndefined in article thirty-three of the public health law, and such plan\\nshall at minimum provide for the following:\\n (a) dissemination of educational materials to professional wrestlers\\nwho perform for any such promoter including a list of prohibited drugs\\nand available rehabilitation services; and\\n (b) a referral procedure to permit any such professional wrestler to\\nobtain rehabilitation services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1018", "title" : "Prohibited conduct", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1018", "activeDate" : "2016-09-09", "sequenceNo" : 1367, "repealedDate" : null, "fromSection" : "1018", "toSection" : "1018", "text" : " § 1018. Prohibited conduct. 1. No corporation or person shall have,\\neither directly or indirectly, any financial interest in a professional\\nboxer competing on premises owned or leased by the corporation or\\nperson, or in which such corporation or person is otherwise interested\\nexcept pursuant to the specific written authorization of the commission.\\n 2. No contestant in a boxing or sparring match or exhibition shall be\\npaid for services before the contest, and should it be determined by the\\ncommission that such contestant did not give an honest exhibition of his\\nor her skill, such services shall not be paid for.\\n 3. Any person, including any corporation and the officers thereof, any\\nphysician, referee, judge, timekeeper, professional, manager, trainer or\\nsecond, who shall promote, conduct, give or participate in any sham or\\ncollusive authorized professional combative sports, shall be deprived of\\nhis or her license by the commission and any other appropriate legal\\nremedies.\\n 4. No licensed promoter or matchmaker shall knowingly engage in a\\ncourse of conduct in which fights are arranged where one professional\\nhas skills or experience significantly in excess of the other\\nprofessional so that a mismatch results with the potential of physical\\nharm to the professional.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1019", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1019", "activeDate" : "2016-09-09", "sequenceNo" : 1368, "repealedDate" : null, "fromSection" : "1019", "toSection" : "1019", "text" : " § 1019. Penalties. 1. A person who knowingly advances or profits from\\na prohibited combative sport shall be guilty of a class A misdemeanor,\\nand shall be guilty of a class E felony if he or she has been convicted\\nin the previous five years of violating this subdivision.\\n 2. Any person who knowingly advances or profits from a prohibited\\ncombative sport shall also be subject to a civil penalty not to exceed\\nfor the first violation ten thousand dollars or twice the amount of gain\\nderived therefrom whichever is greater, or for a subsequent violation\\ntwenty-five thousand dollars or twice the amount of gain derived\\ntherefrom whichever is greater. The attorney general is hereby empowered\\nto commence judicial proceedings to recover such penalties and to obtain\\ninjunctive relief to enforce the provisions of this section.\\n 3. Any person or corporation who directly or indirectly conducts any\\ncombative sport without first having procured an appropriate license, or\\nhaving been designated an authorized sanctioning entity as prescribed in\\nthis article shall be guilty of a misdemeanor. Any person who\\nparticipates in a combative sport as a referee, judge, match-maker,\\ntimekeeper, professional, manager, trainer, or second without first\\nhaving procured an appropriate license as prescribed in this article, or\\nwhere such combative sport is prohibited under this article shall be\\nguilty of a misdemeanor. Any person, partnership or corporation who\\npromotes a professional wrestling match or exhibition in the state\\nwithout first having procured an appropriate license in accordance with\\nsection one thousand seventeen of this article, shall be guilty of a\\nmisdemeanor.\\n 4. Any corporation, entity, person or persons, licensed, permitted or\\notherwise authorized under the provisions of this article, that shall\\nknowingly violate any rule or order of the commission or any provision\\nof this article, in addition to any other penalty by law prescribed,\\nshall be liable to a civil penalty not to exceed ten thousand dollars\\nfor the first offense and not to exceed twenty-five thousand dollars for\\nthe second and each subsequent offense, to be imposed by the commission,\\nto be sued for by the attorney-general in the name of the people of the\\nstate of New York if directed by the commission. The commission, for\\ncause shown, may extend the time for the payment of such penalty and, by\\ncompromise, may accept less than the amount of such penalty as imposed\\nin settlement thereof. For the purposes of this section, each\\ntransaction or statutory violation shall constitute a separate offense,\\nexcept that a second or subsequent offense shall not be deemed to exist\\nunless a decision has been rendered in a prior, separate and independent\\nproceeding.\\n 5. On the first infraction of rules or regulations promulgated\\npursuant to subdivision two of section one thousand nine of this\\narticle, which infraction may include more than one individual\\nviolation, the commission may impose a civil fine of up to two hundred\\nfifty dollars for each health and safety violation and may suspend the\\ntraining facility's license until the violation or violations are\\ncorrected. On the second such infraction, the commission may impose a\\ncivil fine of up to five hundred dollars for each health and safety\\nviolation and may suspend the training facility's license until the\\nviolation or violations are corrected. On the third such infraction or\\nfor subsequent infractions, the commission may impose a civil fine of up\\nto seven hundred fifty dollars for each health and safety violation and\\nmay revoke the training facility's license.\\n 6. Any individual, corporation, association or club failing to fully\\ncomply with paragraph (a) of subdivision twelve of section one thousand\\nfifteen of this article shall be subject to a penalty of five hundred\\ndollars to be collected by and paid to the department of state. Any\\nindividual, corporation, association or club is prohibited from\\noperating any shows or exhibitions until all penalties due pursuant to\\nthis section and taxes, interest and penalties due pursuant to article\\nnineteen of the tax law have been paid.\\n 7. All penalties imposed and collected by the commission from any\\ncorporation, entity, person or persons licensed under the provisions of\\nthis article, which fines and penalties are imposed and collected under\\nauthority hereby vested shall within thirty days after the receipt\\nthereof by the commission be paid by them into the state treasury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1020", "title" : "Subpoenas by commission; oaths", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1020", "activeDate" : "2016-09-09", "sequenceNo" : 1369, "repealedDate" : null, "fromSection" : "1020", "toSection" : "1020", "text" : " § 1020. Subpoenas by commission; oaths. The commission shall have\\nauthority to issue, under the hand of its chairperson, and the seal of\\nthe commission, subpoenas for the attendance of witnesses before the\\ncommission. A subpoena issued under this section shall be regulated by\\nthe civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1021", "title" : "Exceptions", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1021", "activeDate" : "2016-09-09", "sequenceNo" : 1370, "repealedDate" : null, "fromSection" : "1021", "toSection" : "1021", "text" : " § 1021. Exceptions. The provisions of this article except as provided\\nin subdivision twelve of section one thousand fifteen of this article\\nshall not be construed to apply to any sparring or boxing contest or\\nexhibition conducted under the supervision or the control of the New\\nYork state national guard or naval militia where all of the contestants\\nare members of the active militia; nor to any such contest or exhibition\\nwhere the contestants are all amateurs, sponsored by and under the\\nsupervision of any university, college, school or other institution of\\nlearning, recognized by the regents of the state of New York; nor to any\\nbusiness entity incorporated for the purposes of providing instruction\\nand evaluation in a combative sport to customers for the purposes of\\nhealth and fitness, personal development, self-defense or participation\\nin amateur events conducted by an authorized sanctioning entity; nor to\\nany such contest or exhibitions where the contestants are all amateurs\\nsponsored by and under the supervision of the American Olympic\\nAssociation or, in the case of boxing, the U.S. Amateur Boxing\\nFederation or its local affiliates or the American Olympic Association;\\nnor except as to the extent provided otherwise in this article, to any\\nprofessional wrestling contest or exhibition as defined in this article.\\nAny individual, association, corporation or club, except elementary or\\nhigh schools or equivalent institutions of learning recognized by the\\nregents of the state of New York, who or which conducts an amateur\\ncontest pursuant to this section must register with the U. S. Amateur\\nBoxing Federation or its local affiliates and abide by its rules and\\nregulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1022", "title" : "Disposition of receipts", "docType" : "SECTION", "publishedDates" : [ "2016-04-15", "2016-09-09" ], "docLevelId" : "1022", "activeDate" : "2016-09-09", "sequenceNo" : 1371, "repealedDate" : null, "fromSection" : "1022", "toSection" : "1022", "text" : " § 1022. Disposition of receipts. All receipts of the commission shall\\nbe paid into the state treasury, provided, however, that receipts from\\nthe tax imposed by article nineteen of the tax law shall be deposited as\\nprovided by section one hundred seventy-one-a of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 23 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A43", "title" : "New York State Secure Choice Savings Program", "docType" : "ARTICLE", "publishedDates" : [ "2016-04-15", "2016-09-09", "2018-04-20", "2024-02-02", "2025-08-29" ], "docLevelId" : "43", "activeDate" : "2018-04-20", "sequenceNo" : 1372, "repealedDate" : null, "fromSection" : "1300", "toSection" : "1316", "text" : " ARTICLE 43\\n NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM\\nSection 1300. Definitions.\\n 1301. Program established.\\n 1302. Composition of the board.\\n 1303. Fiduciary duty.\\n 1304. Duties of the board.\\n 1305. Risk management.\\n 1306. Financial organizations.\\n 1307. Investment options.\\n 1308. Benefits.\\n 1309. Employer and employee informational materials and\\n disclosure forms.\\n 1310. Program implementation and enrollment.\\n 1311. Payments.\\n 1312. Duty and liability of the state.\\n 1313. Duty and liability of participating employers.\\n 1314. Audit and reports.\\n 1315. Delayed implementation.\\n 1316. Regulations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1300", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-10-22", "2024-02-02" ], "docLevelId" : "1300", "activeDate" : "2018-04-20", "sequenceNo" : 1373, "repealedDate" : null, "fromSection" : "1300", "toSection" : "1300", "text" : " § 1300. Definitions. All terms shall have the same meaning as when\\nused in a comparable context in the Internal Revenue Code. As used in\\nthis article, the following terms shall have the following meanings:\\n 1. \"Board\" shall mean the New York secure choice savings program board\\nestablished under this article.\\n 2. \"Superintendent\" shall mean the superintendent of the department of\\nfinancial services.\\n 2-a. \"Commissioner\" shall mean the commissioner of taxation and\\nfinance.\\n 2-b. \"Comptroller\" shall mean the comptroller of the state.\\n 3. \"Employee\" shall mean any individual who is eighteen years of age\\nor older, who is employed by an employer, and who earned wages working\\nfor an employer in New York state during a calendar year.\\n 4. \"Employer\" shall mean a person or entity engaged in a business,\\nindustry, profession, trade, or other enterprise in New York state,\\nwhether for profit or not for profit, that has not offered a qualified\\nretirement plan, including, but not limited to, a plan qualified under\\nsections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the\\nInternal Revenue Code of 1986 in the preceding two years.\\n 5. \"Enrollee\" shall mean any employee who is enrolled in the program.\\n 6. \"Internal Revenue Code\" shall mean the Internal Revenue Code of\\n1986, or any successor law, in effect for the calendar year.\\n 7. \"IRA\" shall mean a Roth IRA (individual retirement account).\\n 8. \"Participating employer\" shall mean an employer that elects to\\nfacilitate access to the program's payroll deduction IRA as provided for\\nby this article for its employees who are enrollees in the program.\\n 9. \"Payroll deduction IRA\" shall mean an arrangement by which a\\nparticipating employer facilitates access for enrollees to remit payroll\\ndeduction contributions to the program.\\n 10. \"Program\" shall mean the New York state secure choice savings\\nprogram.\\n 11. \"Wages\" means any compensation within the meaning of section\\n219(f)(1) of the Internal Revenue Code that is received by an enrollee\\nfrom a participating employer during the calendar year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1301", "title" : "Program established", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-10-22", "2024-02-02" ], "docLevelId" : "1301", "activeDate" : "2018-04-20", "sequenceNo" : 1374, "repealedDate" : null, "fromSection" : "1301", "toSection" : "1301", "text" : " § 1301. Program established. There is hereby established a retirement\\nsavings program in the form of a payroll deduction IRA, known as the New\\nYork state secure choice savings program. The general administration and\\nresponsibility for the proper operation of the program shall be\\nadministered by the board for the purpose of promoting greater\\nretirement savings for private-sector employees in a convenient,\\nlow-cost, and portable manner. The board may delegate such authority and\\nresponsibility for the development and implementation of the program to\\nthe department of taxation and finance as the board deems proper.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1302", "title" : "Composition of the board", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1302", "activeDate" : "2018-04-20", "sequenceNo" : 1375, "repealedDate" : null, "fromSection" : "1302", "toSection" : "1302", "text" : " § 1302. Composition of the board. There is hereby created the New York\\nstate secure choice savings program board.\\n 1. The board shall consist of the following seven members:\\n (a) the commissioner, or his or her designee, who shall serve as\\nchair;\\n (b) the state comptroller, or his or her designee;\\n (c) the superintendent, or his or her designee;\\n (d) two public representatives with expertise in retirement savings\\nplan administration or investment, or both, one of whom shall be\\nappointed by the speaker of the assembly and one of whom shall be\\nappointed by the temporary president of the senate;\\n (e) a representative of participating employers, appointed by the\\ngovernor; and\\n (f) a representative of enrollees, appointed by the governor.\\n 2. Members of the board shall serve without compensation but may be\\nreimbursed for necessary travel expenses incurred in connection with\\ntheir board duties from funds appropriated for the purpose.\\n 3. The initial appointments shall be as follows: the public\\nrepresentatives for four years; the representative of participating\\nemployers for three years; and the representative of enrollees for three\\nyears. Thereafter, all the governor's appointees shall be for terms of\\nfour years.\\n 4. A vacancy in the term of an appointed board member shall be filled\\nfor the balance of the unexpired term in the same manner as the original\\nappointment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1303", "title" : "Fiduciary duty", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2024-02-02" ], "docLevelId" : "1303", "activeDate" : "2018-04-20", "sequenceNo" : 1376, "repealedDate" : null, "fromSection" : "1303", "toSection" : "1303", "text" : " § 1303. Fiduciary duty. The board, the individual members of the\\nboard, the trustees, any other agents appointed or engaged by the board,\\nand all persons serving as program staff shall discharge their duties\\nwith respect to the program solely in the interest of the program's\\nenrollees and beneficiaries as follows:\\n 1. for the exclusive purposes of providing benefits to enrollees and\\nbeneficiaries and defraying reasonable expenses of administering the\\nprogram;\\n 2. by investing with the care, skill, prudence, and diligence under\\nthe prevailing circumstances that a prudent person acting in a like\\ncapacity and familiar with those matters would use in the conduct of an\\nenterprise of a like character and with like aims; and\\n 3. by using any contributions paid by employees and employers\\nremitting employees' own contributions into the fund exclusively for the\\npurpose of paying benefits to the enrollees of the program, for the cost\\nof administration of the program, and for investments made for the\\nbenefit of the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1304", "title" : "Duties of the board", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-10-22", "2024-02-02" ], "docLevelId" : "1304", "activeDate" : "2018-04-20", "sequenceNo" : 1377, "repealedDate" : null, "fromSection" : "1304", "toSection" : "1304", "text" : " § 1304. Duties of the board. In addition to the other duties and\\nresponsibilities stated in this article, the board shall, itself or\\nthrough the use of appropriate financial organizations as managers:\\n 1. Cause the program to be designed, established and operated in a\\nmanner that:\\n (a) accords with best practices for retirement savings vehicles;\\n (b) maximizes participation, savings, and sound investment practices\\nincluding considering the use of automatic enrollment as allowed under\\nfederal law;\\n (c) maximizes simplicity, including ease of administration for\\nparticipating employers and enrollees;\\n (d) provides an efficient product to enrollees by pooling investment\\nfunds;\\n (e) ensures the portability of benefits; and\\n (f) provides for the deaccumulation of enrollee assets in a manner\\nthat provides a financial benefit in retirement.\\n 2. Explore and establish or authorize investment options, subject to\\nthis article, that offer enrollees returns on contributions and the\\nconversion of individual retirement savings account balances to secure\\nretirement income without incurring debt or liabilities to the state.\\n 3. Establish or authorize the process by which interest, investment\\nearnings, and investment losses are allocated to individual program\\naccounts on a pro rata basis and are computed at the interest rate on\\nthe balance of an individual's account.\\n 4. Make and enter into contracts necessary for the administration of\\nthe program and fund, including, but not limited to, retaining and\\ncontracting with investment managers, financial organizations, other\\nfinancial and service providers, consultants, actuaries, counsel,\\nauditors, third-party administrators, and other professionals as\\nnecessary.\\n 5. Conduct a periodic review of the performance of any financial\\norganizations, including, but not limited to, a review of returns, fees,\\nand customer service. A copy of reviews shall be posted to the program's\\nInternet website.\\n 6. Cause moneys in the program to be held and invested as pooled\\ninvestments or otherwise, with a view to achieving cost savings through\\nefficiencies and economies of scale.\\n 7. Evaluate and establish or authorize the process for:\\n (a) an enrollee to contribute a portion of his or her wages to the\\nprogram via payroll deduction; and\\n (b) the voluntary enrollment of participating employers in the\\nprogram.\\n 8. The board may contract with financial organizations and third-party\\nadministrators with the capability to receive and process employee\\ninformation and contributions for payroll deduction IRA or similar\\narrangements.\\n 9. Evaluate and establish or authorize the process for enrollment\\nincluding the process by which an employee may participate in the\\nprogram, select a contribution level, select an investment option, and\\nterminate participation in the program.\\n 10. Evaluate, or cause to be evaluated, the need for, and procure as\\nneeded, insurance against any and all loss in connection with the\\nproperty, assets, or activities of the program, and indemnify as needed\\neach member of the board from personal loss or liability resulting from\\na member's action or inaction as a member of the board.\\n 11. Make provisions for the payment of administrative costs and\\nexpenses for the creation, management, and operation of the program.\\nSubject to appropriation, the state may pay administrative costs\\nassociated with the creation and management of the program until\\nsufficient assets are available in the program for that purpose.\\nThereafter, all administrative costs of the program, including repayment\\nof any start-up funds provided by the state, shall be paid only out of\\nmoneys on deposit therein. However, private funds or federal funding\\nreceived in order to implement the program until it is self-sustaining\\nshall not be repaid unless those funds were offered contingent upon the\\npromise of such repayment. The board shall keep its annual\\nadministrative expenses as low as possible.\\n 12. Allocate administrative fees to individual retirement accounts in\\nthe program on a pro rata basis.\\n 13. Set or authorize minimum and maximum contribution levels in\\naccordance with limits established for IRAs by the Internal Revenue\\nCode.\\n 14. Facilitate education and outreach to employers and employees.\\n 15. Facilitate compliance by the program with all applicable\\nrequirements for the program under the Internal Revenue Code, including\\ntax qualification requirements or any other applicable legal, financial\\nreporting and accounting requirements.\\n 16. Carry out the duties and obligations of the program in an\\neffective, efficient, and low-cost manner.\\n 17. Exercise any and all other powers reasonably necessary for the\\neffectuation of the purposes, objectives, and provisions of this\\narticle.\\n 18. Determine or authorize withdrawal provisions, such as economic\\nhardships, portability and leakage.\\n 19. Determine employee rights and enforcement of penalties.\\n 20. Delegate such authority and responsibility for the development and\\nimplementation of the program to the department of taxation and finance\\nas the board deems proper.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1305", "title" : "Risk management", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1305", "activeDate" : "2018-04-20", "sequenceNo" : 1378, "repealedDate" : null, "fromSection" : "1305", "toSection" : "1305", "text" : " § 1305. Risk management. The board shall annually prepare, or cause to\\nbe prepared, and adopt a written statement of investment policy that\\nincludes a risk management and oversight program. This investment policy\\nshall prohibit the board and the program from borrowing for investment\\npurposes. The risk management and oversight program shall be designed to\\nensure that an effective risk management system is in place to monitor\\nthe risk levels of the program, to ensure that the risks taken are\\nprudent and properly managed, to provide an integrated process for\\noverall risk management, and to assess investment returns as well as\\nrisk to determine if the risks taken are adequately compensated compared\\nto applicable performance benchmarks and standards. The board shall\\nconsider the statement of investment policy and any changes in the\\ninvestment policy at a public hearing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1306", "title" : "Financial organizations", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1306", "activeDate" : "2018-04-20", "sequenceNo" : 1379, "repealedDate" : null, "fromSection" : "1306", "toSection" : "1306", "text" : " § 1306. Financial organizations. 1. The board shall engage, after an\\nopen bid process, a financial organization or organizations to invest\\nassets of the program. In selecting the financial organization or\\norganizations, the board shall take into consideration and give weight\\nto the financial organization's fees and charges in order to reduce the\\nprogram's administrative expenses.\\n 2. The financial organizations shall comply with applicable federal\\nand state laws, rules, and regulations, as well as rules, policies, and\\nguidelines promulgated by the board with respect to the program,\\nincluding, but not limited to, the investment policy.\\n 3. The financial organization or organizations shall provide such\\nreports as the board deems necessary for the board to oversee each\\nfinancial organization's performance and the performance of the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1307", "title" : "Investment options", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1307", "activeDate" : "2018-04-20", "sequenceNo" : 1380, "repealedDate" : null, "fromSection" : "1307", "toSection" : "1307", "text" : " § 1307. Investment options. 1. The board shall establish or authorize\\na default investment option for enrollees who fail to elect an\\ninvestment option. In making such determination, the board shall\\nconsider the cost, risk profile, benefit level and ease of enrollment.\\nThe board may change the default option if the board determines that\\nsuch change is in the best interests of the enrollees.\\n 2. The board may establish or authorize any additional investment\\noptions that the board deems appropriate including but not limited to:\\n (a) a conservative principal protection fund;\\n (b) a growth fund;\\n (c) a secure return fund whose primary objective is the preservation\\nof the safety of principal and the provision of a stable and low-risk\\nrate of return; if the board elects to establish a secure return fund,\\nthe board may procure any insurance, annuity, or other product to insure\\nthe value of enrollees' accounts and guarantee a rate of return; the\\ncost of such funding mechanism shall be paid out of the fund; under no\\ncircumstances shall the board, program, fund, the state, or any\\nparticipating employer assume any liability for investment or actuarial\\nrisk; the board shall determine whether to establish or authorize such\\ninvestment options based upon an analysis of their cost, risk profile,\\nbenefit level, feasibility, and ease of implementation;\\n (d) an annuity fund;\\n (e) a growth and income fund; or\\n (f) a life cycle fund with a target date based upon factors determined\\nby the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1308", "title" : "Benefits", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1308", "activeDate" : "2018-04-20", "sequenceNo" : 1381, "repealedDate" : null, "fromSection" : "1308", "toSection" : "1308", "text" : " § 1308. Benefits. Interest, investment earnings, and investment losses\\nshall be allocated to individual program accounts as authorized by the\\nboard pursuant to this article. An individual's retirement savings\\nbenefit under the program shall be an amount equal to the balance in the\\nindividual's program account on the date the retirement savings benefit\\nbecomes payable. The state shall have no liability for the payment of\\nany benefit to any enrollee in the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1309", "title" : "Employer and employee informational materials and disclosure forms", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-10-22", "2024-02-02" ], "docLevelId" : "1309", "activeDate" : "2018-04-20", "sequenceNo" : 1382, "repealedDate" : null, "fromSection" : "1309", "toSection" : "1309", "text" : " § 1309. Employer and employee informational materials and disclosure\\nforms. 1. Prior to the opening of the program for enrollment, the board\\nshall design and disseminate, or cause to be designed and disseminated,\\nto all employers employer informational materials and employee\\ninformational materials, which shall include background information on\\nthe program, and necessary disclosures as required by law for employees.\\n 2. The employee informational materials shall be made available in\\nEnglish, Spanish, Haitian Creole, Chinese, Korean, Russian, Arabic, and\\nany other language the board deems necessary.\\n 3. The employee informational materials shall include a disclosure\\nform. The disclosure form shall explain, but not be limited to, all of\\nthe following:\\n (a) the benefits and risks associated with making contributions to the\\nprogram;\\n (b) the process for making contributions to the program;\\n (c) how to cease participation in the program;\\n (d) the process by which an employee can participate in the program\\nwith a level of employee contributions other than three percent;\\n (e) that they are not required to participate or contribute more than\\nthree percent;\\n (f) the process for withdrawal of retirement savings;\\n (g) the process for selecting beneficiaries of their retirement\\nsavings;\\n (h) how to obtain additional information about the program;\\n (i) that employees seeking financial advice should contact financial\\nadvisors, that participating employers are not in a position to provide\\nfinancial advice, and that participating employers are not liable for\\ndecisions employees make pursuant to this article;\\n (j) information on how to access any available financial literacy\\nprograms; and\\n (k) that the program fund is not guaranteed by the state.\\n 4. The employee informational materials shall also include a form for\\nan employee to note his or her decision regarding participation in the\\nprogram or election to participate with a level of employee\\ncontributions other than three percent.\\n 5. Participating employers shall supply the employee informational\\nmaterials to existing employees at least one month prior to the\\nparticipating employers' facilitation of access to the program.\\nParticipating employers shall supply the employee informational\\nmaterials to new employees at the time of hiring.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1310", "title" : "Program implementation and enrollment", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-04-23", "2021-10-22", "2024-02-02" ], "docLevelId" : "1310", "activeDate" : "2021-04-23", "sequenceNo" : 1383, "repealedDate" : null, "fromSection" : "1310", "toSection" : "1310", "text" : " § 1310. Program implementation and enrollment. Except as otherwise\\nprovided in this article, the program shall be implemented, and\\nenrollment of employees shall begin no later than December thirty-first,\\ntwo thousand twenty-one. The provisions of this section shall be in\\nforce after the board opens the program for enrollment.\\n 1. No employer shall be required to participate in or otherwise\\nimplement the program.\\n 2. Enrollees shall have the ability to select a contribution level\\ninto the program. This level may be expressed as a percentage of wages\\nor as a dollar amount up to the deductible amount for the enrollee's\\ntaxable year under section 219(b)(1)(A) of the Internal Revenue Code.\\nEnrollees may change their contribution level at any time, subject to\\nrules promulgated by the board. If an enrollee fails to select a\\ncontribution level using the form described in this article, then he or\\nshe shall contribute three percent of his or her wages to the program,\\nprovided that such contributions shall not cause the enrollee's total\\ncontributions to IRAs for the year to exceed the deductible amount for\\nthe enrollee's taxable year under section 219(b)(1)(A) of the Internal\\nRevenue Code.\\n 3. Enrollees may select an investment option offered under the\\nprogram. Enrollees may change their investment option at any time,\\nsubject to rules promulgated by the board. In the event that an enrollee\\nfails to select an investment option, that enrollee shall be placed in\\nthe investment option selected or authorized by the board as the default\\nunder this article.\\n 4. Following initial implementation of the program pursuant to this\\nsection, at least once every year, the program shall designate an open\\nenrollment period during which employees may enroll in the program.\\n 5. An employee who chooses not to participate in the program and who\\nsubsequently wants to participate may only enroll during the program's\\ndesignated open enrollment period or if permitted by the program at an\\nearlier time.\\n 6. Employers shall retain the option at all times to set up any type\\nof employer-sponsored retirement plan.\\n 7. An enrollee may terminate his or her enrollment in the program at\\nany time in a manner prescribed by the board.\\n 8. (a) The board shall establish or authorize a website regarding the\\nsecure choice savings program.\\n (b) The board shall establish and maintain or authorize the\\nestablishment and maintenance of a secure website wherein enrollees may\\nlog in and acquire information regarding contributions and investment\\nincome allocated to, withdrawals from, and balances in their program\\naccounts for the reporting period. Such website must also include\\ninformation for the enrollees regarding other options available to the\\nemployee and how they can transfer their accounts to other programs\\nshould they wish to do so. Such website may include any other\\ninformation regarding the program as the board may determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1311", "title" : "Payments", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1311", "activeDate" : "2018-04-20", "sequenceNo" : 1384, "repealedDate" : null, "fromSection" : "1311", "toSection" : "1311", "text" : " § 1311. Payments. Employee contributions deducted by the participating\\nemployer through payroll deduction shall be remitted by the\\nparticipating employer to the program using one or more payroll\\ndeduction IRAs established or authorized by the board under this\\narticle, either:\\n 1. on or before the last day of the month following the month in which\\nthe compensation otherwise would have been payable to the employee in\\ncash; or\\n 2. before such later deadline prescribed by the board for making such\\npayments, but not later than the due date for the deposit of tax\\nrequired to be deducted and withheld relating to collection of income\\ntax at source on wages or for the deposit of tax required to be paid\\nunder the unemployment insurance system for the payroll period to which\\nsuch payments relate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1312", "title" : "Duty and liability of the state", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1312", "activeDate" : "2018-04-20", "sequenceNo" : 1385, "repealedDate" : null, "fromSection" : "1312", "toSection" : "1312", "text" : " § 1312. Duty and liability of the state. 1. The state shall have no\\nduty or liability to any party for the payment of any retirement savings\\nbenefits accrued by any enrollee under the program. Any financial\\nliability for the payment of retirement savings benefits in excess of\\nfunds available under the program shall be borne solely by the entities\\nwith whom the board contracts to provide insurance to protect the value\\nof the program.\\n 2. No state board, commission, or agency, or any officer, employee, or\\nmember thereof is liable for any loss or deficiency resulting from\\nparticular investments selected under this article, except for any\\nliability that arises out of a breach of fiduciary duty.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1313", "title" : "Duty and liability of participating employers", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-10-22" ], "docLevelId" : "1313", "activeDate" : "2018-04-20", "sequenceNo" : 1386, "repealedDate" : null, "fromSection" : "1313", "toSection" : "1313", "text" : " § 1313. Duty and liability of participating employers. 1.\\nParticipating employers shall not have any liability for an employee's\\ndecision regarding whether to participate in the program or for the\\ninvestment decisions of the board or of any enrollee.\\n 2. A participating employer is not establishing or maintaining the\\nprogram's payroll deduction IRA. A participating employer shall not be a\\nfiduciary, or considered to be a fiduciary, over the program. A\\nparticipating employer shall not bear responsibility for the\\nadministration, investment, or investment performance of the program. A\\nparticipating employer shall not be liable with regard to investment\\nreturns, program design, and benefits paid to program participants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1314", "title" : "Audit and reports", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1314", "activeDate" : "2018-04-20", "sequenceNo" : 1387, "repealedDate" : null, "fromSection" : "1314", "toSection" : "1314", "text" : " § 1314. Audit and reports. 1. The board shall annually submit:\\n (a) an audited financial report, prepared in accordance with generally\\naccepted accounting principles, on the operations of the program during\\neach calendar year by July first of the following year to the governor,\\nthe commissioner, the speaker of the assembly, the temporary president\\nof the senate, the chair of the assembly ways and means committee, the\\nchair of the senate finance committee, the chair of the assembly labor\\ncommittee, the chair of the senate labor committee; and\\n (b) a report prepared or authorized by the board, which shall include,\\nbut is not limited to, a summary of the benefits provided by the\\nprogram, including the number of enrollees in the program, the\\npercentage and amounts of investment options and rates of return, and\\nsuch other information that is relevant to make a full, fair, and\\neffective disclosure of the operations of the program. The annual report\\nshall be made by an independent certified public accountant and shall\\ninclude, but is not limited to, direct and indirect costs attributable\\nto the use of outside consultants, independent contractors, and any\\nother persons who are not state employees for the administration of the\\nprogram.\\n 2. In addition to any other statements or reports required by law, the\\nboard shall provide or cause to be provided periodic reports at least\\nannually to enrollees, reporting contributions and investment income\\nallocated to, withdrawals from, and balances in their program accounts\\nfor the reporting period. Such reports may include any other information\\nregarding the program as the board may determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1315", "title" : "Delayed implementation", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2021-04-23" ], "docLevelId" : "1315", "activeDate" : "2021-04-23", "sequenceNo" : 1388, "repealedDate" : null, "fromSection" : "1315", "toSection" : "1315", "text" : " § 1315. Delayed implementation. The board may delay the implementation\\nof the program an additional twelve months beyond the date established\\nin section thirteen hundred ten of this article if the board determines\\nthat further delay is necessary to address legal, financial or other\\nprogrammatic concerns impacting the viability of the program. The board\\nshall provide reasonable notice of such delay to the governor, the\\ncommissioner, the speaker of the assembly, the temporary president of\\nthe senate, the chair of the assembly ways and means committee, the\\nchair of the senate finance committee, the chair of the assembly labor\\ncommittee, and the chair of the senate labor committee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1316", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2018-04-20" ], "docLevelId" : "1316", "activeDate" : "2018-04-20", "sequenceNo" : 1389, "repealedDate" : null, "fromSection" : "1316", "toSection" : "1316", "text" : " § 1316. Regulations. The commissioner may issue such rules and\\nregulations as he or she deems necessary to implement the terms of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A44", "title" : "Regulation of Surrogacy Programs and Assisted Reproduction Service Providers", "docType" : "ARTICLE", "publishedDates" : [ "2020-04-17", "2021-02-19" ], "docLevelId" : "44", "activeDate" : "2021-02-19", "sequenceNo" : 1390, "repealedDate" : null, "fromSection" : "1400", "toSection" : "1404", "text" : " ARTICLE 44\\n REGULATION OF SURROGACY PROGRAMS AND ASSISTED\\n REPRODUCTION SERVICE PROVIDERS\\nSection 1400. Definitions.\\n 1401. Surrogacy programs regulated under this article.\\n 1402. Assisted reproduction service providers regulated under\\n this article.\\n 1403. Conflicts of interest; prohibition on payments; funds in\\n escrow; licensure; notice of surrogates' bill of rights.\\n 1404. Regulations.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1400", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2021-02-19", "2024-12-27", "2025-03-07" ], "docLevelId" : "1400", "activeDate" : "2021-02-19", "sequenceNo" : 1391, "repealedDate" : null, "fromSection" : "1400", "toSection" : "1400", "text" : " § 1400. Definitions. As used in this section:\\n (a) The definitions in section 581-102 of the family court act shall\\napply.\\n (b) \"Payment\" means any type of monetary compensation or other\\nvaluable consideration including but not limited to a rebate, refund,\\ncommission, unearned discount, or profit by means of credit or other\\nvaluable consideration.\\n (c) \"Surrogacy program\" does not include any party to a surrogacy\\nagreement or any person licensed to practice law and representing a\\nparty to the surrogacy agreement, but does include and is not limited to\\nany agency, agent, business, or individual engaged in, arranging, or\\nfacilitating transactions contemplated by a surrogacy agreement,\\nregardless of whether such agreement ultimately comports with the\\nrequirements of article five-C of the family court act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1401", "title" : "Surrogacy programs regulated under this article", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2021-02-19", "2024-12-27" ], "docLevelId" : "1401", "activeDate" : "2021-02-19", "sequenceNo" : 1392, "repealedDate" : null, "fromSection" : "1401", "toSection" : "1401", "text" : " § 1401. Surrogacy programs regulated under this article. The\\nprovisions of this article apply to surrogacy programs arranging or\\nfacilitating transactions contemplated by a surrogacy agreement under\\npart four of article five-C of the family court act if:\\n (a) The surrogacy program does business in New York state;\\n (b) A person acting as surrogate who is party to a surrogacy agreement\\nresides in New York state during the term of the surrogacy agreement; or\\n (c) Any medical procedures under the surrogacy agreement are performed\\nin New York state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1402", "title" : "Assisted reproduction service providers regulated under this article", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2021-02-19" ], "docLevelId" : "1402", "activeDate" : "2021-02-19", "sequenceNo" : 1393, "repealedDate" : null, "fromSection" : "1402", "toSection" : "1402", "text" : " § 1402. Assisted reproduction service providers regulated under this\\narticle. The provisions of this article apply to agents, gamete banks,\\nfertility clinics, and other entities if:\\n 1. The agent, gamete bank, fertility clinic, or other entity does\\nbusiness in this state; or\\n 2. Any health care services performed, provided or otherwise arranged\\nby the entity are performed in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1403", "title" : "Conflicts of interest; prohibition on payments; funds in escrow; licensure; notice of surrogates' bill of rights", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2021-02-19", "2024-12-27" ], "docLevelId" : "1403", "activeDate" : "2021-02-19", "sequenceNo" : 1394, "repealedDate" : null, "fromSection" : "1403", "toSection" : "1403", "text" : " § 1403. Conflicts of interest; prohibition on payments; funds in\\nescrow; licensure; notice of surrogates' bill of rights. A surrogacy\\nprogram to which this article applies:\\n (a) Shall keep all funds paid by or on behalf of the intended parent\\nor parents in an escrow account separate from its operating accounts;\\nand\\n (b) May not be owned or managed, in any part, directly or indirectly,\\nby any attorney representing a party to the surrogacy agreement; and\\n (c) May not pay or receive payment, directly or indirectly, to or from\\nany person licensed to practice law and representing a party to the\\nsurrogacy agreement in connection with the referral of any person or\\nparty for the purpose of a surrogacy agreement; and\\n (d) May not pay or receive payment, directly or indirectly, to or from\\nany health care provider providing any health services, including\\nassisted reproduction, to a party to the surrogacy agreement; and\\n (e) May not be owned or managed, in any part, directly or indirectly,\\nby any health care provider providing any health services, including\\nassisted reproduction, to a party to the surrogacy agreement; and\\n (f) Shall be licensed to operate in New York state pursuant to\\nregulations promulgated by the department of health in consultation with\\nthe department of financial services, once such regulations are\\npromulgated and become effective; and\\n (g) Shall ensure that all potential parties to a surrogacy agreement,\\nat the time of consultation with such surrogacy program, are provided\\nwith written notice of the surrogates' bill of rights enumerated in part\\nsix of article five-C of the family court act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1404", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2021-02-19", "2024-12-27", "2025-03-07" ], "docLevelId" : "1404", "activeDate" : "2021-02-19", "sequenceNo" : 1395, "repealedDate" : null, "fromSection" : "1404", "toSection" : "1404", "text" : " § 1404. Regulations. 1. The department of health, in consultation with\\nthe department of financial services, shall promulgate rules and\\nregulations to implement the requirements of this article regarding\\nsurrogacy programs and assisted reproduction service providers in a\\nmanner that ensures the safety and health of gamete providers and\\npersons serving as surrogates. Such regulations shall:\\n (a) Require surrogacy programs to monitor compliance with surrogacy\\nagreements eligibility and requirements in state law; and\\n (b) Require the surrogacy programs and assisted reproduction service\\nproviders to administer informed consent procedures that comply with\\nregulations promulgated by the department of health under section\\ntwenty-five hundred ninety-nine-cc of the public health law.\\n 2. The department of health shall annually report to the legislature\\nregarding the practices of surrogacy programs and assisted reproduction\\nservice providers and all business transactions related to surrogacy and\\ngamete provision in New York state, with recommendations for any\\nnecessary amendments to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "A46", "title" : "Laws Repealed; When to Take Effect", "docType" : "ARTICLE", "publishedDates" : [ "2018-04-20", "2018-04-27" ], "docLevelId" : "46", "activeDate" : "2018-04-27", "sequenceNo" : 1396, "repealedDate" : null, "fromSection" : "1600", "toSection" : "1601", "text" : " ARTICLE 46\\n LAWS REPEALED; WHEN TO TAKE EFFECT\\nSection 1600. Laws repealed.\\n 1601. When to take effect.\\n", "documents" : { "items" : [ { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1600", "title" : "Laws repealed", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2018-04-27" ], "docLevelId" : "1600", "activeDate" : "2018-04-27", "sequenceNo" : 1397, "repealedDate" : null, "fromSection" : "1600", "toSection" : "1600", "text" : " § 1600. Laws repealed. Of the laws enumerated in the schedule hereto\\nannexed, that portion specified in the last column is hereby repealed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "GBS", "lawName" : "General Business", "locationId" : "1601", "title" : "When to take effect", "docType" : "SECTION", "publishedDates" : [ "2018-04-20", "2018-04-27" ], "docLevelId" : "1601", "activeDate" : "2018-04-27", "sequenceNo" : 1398, "repealedDate" : null, "fromSection" : "1601", "toSection" : "1601", "text" : " § 1601. When to take effect. This chapter shall take effect\\nimmediately.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 128 }, "repealed" : false } } }