N.Y. Banking Law § 374: Application of article

§ 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* NB Repealed August 1, 2027

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.