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S04153 Summary:

S04153 Actions:

S04153 Committee Votes:

S04153 Floor Votes:

S04153 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4153--A
            Cal. No. 320
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2025
                                       ___________
 
        Introduced  by  Sens.  SANDERS, ADDABBO, MAY, MURRAY, WEBB -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Consumer Protection --  reported  favorably  from  said  committee,
          ordered to first and second report, ordered to a third reading, passed
          by  Senate and delivered to the Assembly, recalled, vote reconsidered,
          restored to third reading, amended and  ordered  reprinted,  retaining
          its place in the order of third reading
 
        AN  ACT  to  amend  the general business law, in relation to prohibiting
          food stores and retail establishments from refusing to accept  payment
          in cash
 
          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  396-ii to read as follows:
     3    § 396-ii. Cashless policies prohibited. a. As used  in  this  section,
     4  the following terms shall have the following meanings:
     5    (i)  "Cash"  means United States coins and currency, including federal
     6  reserve notes. Cash does not include foreign currency; any paper instru-
     7  ment other than a federal reserve note, including, but not  limited  to,
     8  any check, bond, or promissory note; or any foreign metal coin.
     9    (ii)  "Consumer commodity" means any article, good, merchandise, prod-
    10  uct or commodity of any kind or class produced, distributed  or  offered
    11  for  retail sale for consumption by individuals, or for personal, house-
    12  hold or family purposes.
    13    (iii) "Food store" means an establishment which gives  or  offers  for
    14  sale  food  or  beverages to the public for consumption or use on or off
    15  the premises, or on or off a pushcart, stand or vehicle.
    16    (iv) "Retail establishment" means an  establishment  wherein  consumer
    17  commodities  are  sold, displayed or offered for sale, or where services
    18  are provided to consumers at retail. This definition  does  not  include
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00727-03-5
        S. 4153--A                          2
 
     1  banks or trust companies as such terms are defined in section two of the
     2  banking law.
     3    b.  It shall be unlawful for a food store or a retail establishment to
     4  refuse to accept payment in cash from consumers, provided that such food
     5  store or retail establishment may refuse to accept payment:
     6    (i) In cash bills denominated above twenty dollars; or
     7    (ii) In cash for any telephone, mail, or  internet-based  transaction,
     8  unless  the  payment for such transaction takes place on the premises of
     9  such food store or retail establishment.
    10    c. No food store or retail establishment shall charge a  higher  price
    11  for the same consumer commodity to a consumer who pays in cash than to a
    12  consumer who pays for such commodity through a cash-less transaction.
    13    d.  A food store or retail establishment that violates this section is
    14  liable for a civil penalty of not more than one thousand dollars for the
    15  first violation and a civil penalty of not more than one  thousand  five
    16  hundred dollars for each succeeding violation.
    17    e.  (i)  This section shall not apply to a food store or retail estab-
    18  lishment that provides a device on premises that converts cash,  without
    19  charging  a  fee  or requiring a minimum deposit amount greater than one
    20  dollar, into a prepaid card that allows a consumer to complete a  trans-
    21  action at such food store or retail establishment.
    22    (ii)  Upon  request,  such  device  shall provide each consumer with a
    23  receipt indicating the amount of cash such consumer deposited  onto  the
    24  prepaid card.
    25    (iii)  Cash  deposits onto such a prepaid card shall not be subject to
    26  an expiration date and there shall be no limit on the number  of  trans-
    27  actions that may be completed on such prepaid card.
    28    (iv)  In  the  event  that such device malfunctions, the food store or
    29  retail establishment where such device is located shall  accept  payment
    30  in  cash  from consumers throughout the time period in which such device
    31  does not function in accordance with the standards  set  forth  in  this
    32  section.  Such food store or retail establishment shall place a conspic-
    33  uous sign on or immediately adjacent to such device indicating that such
    34  food  store or retail establishment is required by law to accept cash if
    35  such device malfunctions, and that consumers may report any violation to
    36  the department of state division of consumer protection. The  department
    37  of  state may establish by rule additional requirements relating to such
    38  signs and the display of such signs.
    39    § 2. This act shall take effect on the one hundred twentieth day after
    40  it shall have become a law.