Legislation
SECTION 399-T*2
Vending machine disclosure
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-t. Vending machine disclosure. 1. Definitions. For purposes of
this article, "vending machine" shall mean and include a coin operated
machine used to sell merchandise and/or services but shall not include a
coin operated telephone.
2. Notice requirements relating to vending machines. Every vending
machine available for use by the public in this state shall have a
notice prominently affixed thereto which indicates the name, address,
and telephone number of the owner and/or operator of such machine or the
name, address and telephone number of an individual designated by such
owner/operator to maintain said machine. Said notice provisions of this
section shall not apply in instances where a vending machine is attended
by a person capable of administering a refund.
3. Any individual, firm, partnership, corporation, association,
company or organization which owns or leases such vending machine and
knowingly fails to comply with the requirements of this section shall be
assessed a civil penalty not to exceed fifty dollars for the first
violation, one hundred dollars for a second violation and two hundred
fifty dollars for any subsequent violation provided, however, that
multiple violations of subdivision two of this section which
concurrently occur within the same public area designated for the
operation of vending machines shall, for purposes of assessing a penalty
under this subdivision, constitute a single violation against such
individual, firm, partnership, corporation, association, company, or
organization which owns and/or leases such machines. Each day such
offense shall continue shall constitute a separate additional violation.
It shall be a defense to the imposition of any such civil penalty if the
owner or operator posted a notice as required by this section and such
notice was removed or defaced by vandals, provided the owner or operator
subsequently complies with the requirements of this section.
4. This section shall not annul, alter, affect or exempt any person,
firm, partnership, corporation, association, company or organization
subject to the provisions of this section from complying with the laws,
ordinances, rules or regulations of any locality, relating to the
posting of vending machine notices, except to the extent that these
laws, ordinances, rules or regulations are inconsistent with any
provision of this section, but no such local law, ordinance, rule or
regulation shall be considered inconsistent, if it affords greater
protection to the consumer.
* NB There are 2 § 399-t's
this article, "vending machine" shall mean and include a coin operated
machine used to sell merchandise and/or services but shall not include a
coin operated telephone.
2. Notice requirements relating to vending machines. Every vending
machine available for use by the public in this state shall have a
notice prominently affixed thereto which indicates the name, address,
and telephone number of the owner and/or operator of such machine or the
name, address and telephone number of an individual designated by such
owner/operator to maintain said machine. Said notice provisions of this
section shall not apply in instances where a vending machine is attended
by a person capable of administering a refund.
3. Any individual, firm, partnership, corporation, association,
company or organization which owns or leases such vending machine and
knowingly fails to comply with the requirements of this section shall be
assessed a civil penalty not to exceed fifty dollars for the first
violation, one hundred dollars for a second violation and two hundred
fifty dollars for any subsequent violation provided, however, that
multiple violations of subdivision two of this section which
concurrently occur within the same public area designated for the
operation of vending machines shall, for purposes of assessing a penalty
under this subdivision, constitute a single violation against such
individual, firm, partnership, corporation, association, company, or
organization which owns and/or leases such machines. Each day such
offense shall continue shall constitute a separate additional violation.
It shall be a defense to the imposition of any such civil penalty if the
owner or operator posted a notice as required by this section and such
notice was removed or defaced by vandals, provided the owner or operator
subsequently complies with the requirements of this section.
4. This section shall not annul, alter, affect or exempt any person,
firm, partnership, corporation, association, company or organization
subject to the provisions of this section from complying with the laws,
ordinances, rules or regulations of any locality, relating to the
posting of vending machine notices, except to the extent that these
laws, ordinances, rules or regulations are inconsistent with any
provision of this section, but no such local law, ordinance, rule or
regulation shall be considered inconsistent, if it affords greater
protection to the consumer.
* NB There are 2 § 399-t's