Requires that all cash registers newly installed which are customarily used by a business dealing with consumers have a visual display indicating the amount of any sale to such consumer; exempts from such provisions hotels, motels, or retail licensed premises for the on-premises consumption of alcoholic beverages; authorizes the attorney general to seek injunctive relief for violations of such provisions, and authorizes courts to impose a civil penalty of not more than five hundred dollars for each such violation.
STATE OF NEW YORK
________________________________________________________________________
3045
2015-2016 Regular Sessions
IN SENATE
February 2, 2015
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to cash registers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-k to read as follows:
3 § 399-k. Cash registers. 1. Any cash register used by or in the opera-
4 tion of a business which customarily deals with consumers, other than a
5 hotel, motel, retail licensed premises for the on-premises consumption
6 of alcoholic beverages or restaurant where a printed and itemized check
7 is provided for the customer's perusal before payment, shall visually
8 display the amount of any sale in a manner readily visible to such
9 consumer.
10 2. Whenever there shall be a violation of this section, an application
11 may be made by the attorney general in the name of the people of the
12 state of New York to a court or justice having jurisdiction by a special
13 proceeding to issue an injunction, and upon notice to the respondent of
14 not less than five days, to enjoin and restrain the continuance of such
15 violations; and if it shall appear to the satisfaction of the court or
16 justice that the respondent has, in fact, violated this section, an
17 injunction may be issued by such court or justice, enjoining and
18 restraining any further violation, without requiring proof that any
19 person has, in fact, been injured or damaged thereby. Whenever the court
20 shall determine that a violation of this section has occurred, the court
21 may impose a civil penalty of not more than five hundred dollars for
22 each violation. In connection with any such application, the attorney
23 general is authorized to take proof and make a determination of the
24 relevant facts and to issue subpoenas in accordance with the civil prac-
25 tice law and rules.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04039-01-5
S. 3045 2
1 § 2. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law and shall apply to all cash registers
3 installed on or after such date; provided, however that all existing
4 cash registers in violation of subdivision 1 of section 399-k of the
5 general business law as added by section one of this act shall be
6 replaced within five years from when this act shall have become a law.
