N.Y. Banking Law § 75-b: Definitions

§ 75-b. Definitions. For purposes of this article, the following terms

shall have the following meanings:

1. "Access device" means a card, code, or other means of access to a

consumer's account, or any combination thereof, that may be used by the

consumer for the purpose of initiating electronic fund transfers.

2. "Automated teller machine" means a device which is linked to the

accounts and records of a banking institution and which enables

consumers to carry out banking transactions, including, but not limited

to, account transfers, deposits, cash withdrawals, balance inquiries,

and loan payments.

3. "Automated teller machine facility" means an area within the

dominion and control of a banking institution comprised of one or more

automated teller machines and any adjacent space which is made available

to banking customers after regular banking hours.

4. "Adequate lighting" means (a) with respect to an automated teller

machine facility located within the interior of a building, lighting, on

a twenty-four hour basis, which permits a person entering such facility

to readily and easily see all persons occupying such facility, and which

permits a person inside such facility to readily and easily see all

persons at the entry door of such facility.

(b) with respect to an open and operating automated teller machine

facility open to the outdoor air, and any defined parking area, lighting

during nighttime hours according to the following standards:

(i) a minimum illuminance of five footcandles is maintained on a

horizontal plane at a point five feet outward from and five feet above

the ground surface from the automated teller machine;

(ii) a minimum illuminance of two footcandles is maintained on a

horizontal plane at a point thirty feet in all unobstructed directions

from the automated teller machine, measured at ground level; and

(iii) at sixty feet in all unobstructed directions from the automated

teller machine, a minimum illuminance of one footcandle is maintained,

measured on a vertical plane at five feet above ground level, with the

normal to the plane of measurement aimed at a light source; or

(iv) with respect to an automated teller machine facility that is not

in accordance with the standards set forth in either subparagraph (ii)

or (iii) of this paragraph, or both such subparagraphs, a minimum

illuminance of two footcandles is maintained, measured on a horizontal

plane at five feet above ground level, at fifty feet in all unobstructed

directions from the automated teller machine.

(c) with respect to an open and operating automated teller machine

facility located within the interior of a building, which facility

includes a defined parking area: (i) a minimum illuminance of two

footcandles is maintained on a horizontal plane at a point thirty feet

in all unobstructed directions from the entrance to the automated teller

machine facility, measured at ground level; and (ii) at sixty feet in

all unobstructed directions from the entrance to the automated teller

machine facility, a minimum illuminance of one footcandle is maintained,

measured on a vertical plane at five feet above ground level, with the

normal to the plane of measurement aimed at a light source; or (iii)

with respect to an automated teller machine facility that is not in

accordance with the standards set forth in either subparagraph (i) or

(ii) of this paragraph, or both such subparagraphs, a minimum

illuminance of two footcandles is maintained, measured on a horizontal

plane at five feet above ground level, at a point sixty feet in all

unobstructed directions from the entrance to the automated teller

machine facility.

5. "Banking institution" means any state or federally chartered bank,

trust company, savings bank, savings and loan association, or credit

union, whether headquartered within or outside of the state, that

operates one or more automated teller machine facilities within the

state.

6. "Footcandles" means the unit of illuminance equal to one lumen per

square foot.

7. "Regular banking hours" means the time at which an office of a

banking institution is open to the banking public for normal transaction

of business.

8. "Nighttime hours" means the period of time beginning thirty minutes

after sunset and ending thirty minutes before sunrise.

9. (a) "Defined parking area" means that portion of any parking area

open for and accessible to customers of a banking institution which is:

(1) contiguous to any paved walkway or sidewalk within fifty feet of

an automated teller machine facility;

(2) regularly, principally and lawfully used for parking by users of

the automated teller machine facility while conducting transactions at

such automated teller machine facility; and

(3) owned or leased by the operator of the automated teller machine

facility, or owned or otherwise controlled by the party leasing the

automated teller machine facility site to the banking institution.

(b) The term "defined parking area" does not include any parking area

which is not open or regularly used for parking by the users of the

automated teller machine facility or the conduct of transactions during

nighttime hours. For this purpose, the parking area is not open if it is

physically closed to access or if conspicuous signs indicate that it is

closed.