Senate Bill S5190

2021-2022 Legislative Session

Relates to prohibiting retail establishments from refusing to accept payment in cash

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S5190 (ACTIVE) - Details

See Assembly Version of this Bill:
A9811
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §396-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4574, A7198
2023-2024: S2729, A476

2021-S5190 (ACTIVE) - Summary

Relates to prohibiting retail establishments including food-service establishments from refusing to accept payment in cash; provides a civil penalty will be assessed for such actions.

2021-S5190 (ACTIVE) - Sponsor Memo

2021-S5190 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5190
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  prohibiting
   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:
 
   Section 1. The general business law is amended by adding a new section
 396-ii to read as follows:
   § 396-II. CASHLESS POLICIES PROHIBITED. A. AS USED  IN  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (I)  "FOOD-SERVICE  ESTABLISHMENT"  SHALL  MEAN AN ESTABLISHMENT WHICH
 GIVES OR OFFERS FOR SALE FOOD OR BEVERAGES TO THE PUBLIC FOR CONSUMPTION
 OR USE ON OR OFF THE PREMISES.
   (II) "RETAIL ESTABLISHMENT"  SHALL  MEAN  AN  ESTABLISHMENT  IN  WHICH
 CONSUMER  COMMODITIES  ARE SOLD, DISPLAYED OR OFFERED FOR SALE, OR WHICH
 PROVIDES SERVICES TO CONSUMERS AT RETAIL.
   B. IT SHALL BE UNLAWFUL FOR A FOOD-SERVICE ESTABLISHMENT OR  A  RETAIL
 ESTABLISHMENT,  AS  POLICY,  TO  REFUSE  TO  ACCEPT PAYMENT IN CASH FROM
 CONSUMERS.
   C. A FOOD-SERVICE ESTABLISHMENT OR RETAIL ESTABLISHMENT VIOLATING THIS
 SECTION IS LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY
 DOLLARS FOR THE FIRST VIOLATION AND A CIVIL PENALTY  OF  NOT  MORE  THAN
 FIVE HUNDRED DOLLARS FOR EACH SUCCEEDING VIOLATION.
   D.  THE  DEPARTMENT  OF  LABOR  MAY  PROMULGATE SUCH RULES AS IT DEEMS
 NECESSARY TO IMPLEMENT AND ENFORCE THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05190-01-1

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