§ 374. Application of article. 1. The provisions of this article shall
not apply when checks, drafts or money orders are cashed, other than by
a licensee, without a consideration or charge; nor when checks, drafts
or money orders are cashed, other than by a licensee, as an incident to
the conduct of any other lawful business where not more than one dollar
is charged for cashing each check, draft or money order; nor shall the
provisions of this article apply to any national bank, federal reserve
bank, or to any person, partnership, association, corporation or other
organization doing business under or pursuant to the provisions of this
chapter, except a licensee under this article.

2. The provisions of this article shall apply to the operation of
electronic check cashing machines. No person, partnership, association,
corporation or other organization required to be licensed under this
article shall operate an electronic check cashing machine without being
duly licensed by the superintendent to engage in such business pursuant
to this article.

* 3. Notwithstanding the provisions of subdivisions one and two of
this section, no national bank or any person, partnership, association,
corporation or other organization doing business under or pursuant to
the provisions of this chapter, except a licensee under this article,
shall conduct the business of cashing checks at a separate location
which is used primarily by any such entity for the purpose of cashing
checks, or at a separate location by means of an electronic check
cashing machine, unless such separate location is not closer than one
thousand five hundred eighty-four feet (three-tenths of a mile) from an
existing licensee; provided however that this restriction shall not
apply to any separate location which was in operation prior to the
effective date of this subdivision nor shall it apply to any national
bank or any person, partnership, association, corporation or other
organization doing business under or pursuant to the provisions of this
chapter which was engaged in the business of electronic check cashing
machines in this state prior to the effective date of this subdivision.

* NB Repealed August 1, 2025

4. Notwithstanding the provisions of article four-A of this chapter
and any rules or regulations adopted thereunder, a public accommodation
office shall be deemed a separate location for purposes of subdivision
three of this section if such office is used primarily for the purpose
of cashing of checks. A public accommodation office, for purposes of
this subdivision, shall include, without limitation, both those public
accommodation offices for which regulatory approval is required and
those public accommodation offices for which regulatory approval is not
required. The provisions of this subdivision shall be deemed to apply to
any similar facility established by a national bank.