N.Y. General Business Law § 396-cc*2: Senior citizen discounts

* § 396-cc. Senior citizen discounts. 1. Except as provided pursuant

to subdivision two of this section, any person, firm, partnership,

corporation, or association, or agent or employee thereof, which offers,

in the regular course of business, an established senior citizen price

discount on any merchandise, commodity, or service, may not discontinue

or disallow such established senior citizen discount on any merchandise,

commodity, or service that has been separately discounted for the

general populace; but rather, any separately discounted merchandise,

commodity, or service must be offered in addition to, and not in lieu

of, the established senior citizen discount.

2. Any person, firm, partnership, corporation, or association, or

agent or employee thereof, may discontinue or disallow a senior citizen

discount on any merchandise, commodity, or service that has been

separately discounted for the general populace, provided that: (a) any

advertisements which promote the discounted price of such merchandise,

commodity, or service disclose that "no other discounts shall apply" or

"this discount may not be combined with any other offer" or words of

like import; or (b) such person, firm, partnership, corporation, or

association offering an established senior citizen discount program

notifies holders at the time of application for such program of

limitations or restrictions on the usage of such established discount

program; or (c) such person, firm, partnership, corporation, or

association notifies the general public of the disallowance or

discontinuance of such senior citizen discount by conspicuously posting:

(i) a sign in close proximity to the item or items themselves; or (ii) a

sign affixed to the cash register or point of sale; or (iii) a sign so

situated as to be clearly visible to the buyer from the cash register or

point of sale.

3. Whenever there shall be a violation of this section, an application

may be made by the attorney general in the name of the people of the

state of New York to a court or justice having jurisdiction by a special

proceeding to issue an injunction, and upon notice to the defendant of

not less than five days, to enjoin and restrain the continuance of such

violation; and if it shall appear to the satisfaction of the court or

justice that the defendant has, in fact, violated this section, an

injunction may be issued by the court or justice, enjoining and

restraining any further violations, without requiring proof that any

person has, in fact, been injured or damaged thereby. In any such

proceeding, the court may make allowances to the attorney general as

provided in paragraph six of subdivision (a) of section eighty-three

hundred three of the civil practice law and rules, and direct

restitution. Whenever the court shall determine that a violation of this

section has occurred, the court may impose a civil penalty of not more

than one hundred dollars. In connection with any such proposed

application, the attorney general is authorized to take proof and make a

determination of the relevant facts and to issue subpoenas in accordance

with the civil practice law and rules.

* NB There are 2 § 396-cc's