N.Y. General Business Law § 396-ii: Cashless policies prohibited

§ 396-ii. Cashless policies prohibited. a. As used in this section,

the following terms shall have the following meanings:

(i) "Cash" means United States coins and currency, including federal

reserve notes. Cash does not include foreign currency; any paper

instrument other than a federal reserve note, including, but not limited

to, any check, bond, or promissory note; or any foreign metal coin.

(ii) "Consumer commodity" means any article, good, merchandise,

product or commodity of any kind or class produced, distributed or

offered for retail sale for consumption by individuals, or for personal,

household or family purposes.

(iii) "Food store" means an establishment which gives or offers for

sale food or beverages to the public for consumption or use on or off

the premises, or on or off a pushcart, stand or vehicle.

(iv) "Retail establishment" means an establishment wherein consumer

commodities are sold, displayed or offered for sale, or where services

are provided to consumers at retail. This definition does not include

banks or trust companies as such terms are defined in section two of the

banking law.

b. It shall be unlawful for a food store or a retail establishment to

refuse to accept payment in cash from consumers, provided that such food

store or retail establishment may refuse to accept payment:

(i) In cash bills denominated above twenty dollars; or

(ii) In cash for any telephone, mail, or internet-based transaction,

unless the payment for such transaction takes place on the premises of

such food store or retail establishment.

c. No food store or retail establishment shall charge a higher price

for the same consumer commodity to a consumer who pays in cash than to a

consumer who pays for such commodity through a cash-less transaction.

d. A food store or retail establishment that violates this section is

liable for a civil penalty of not more than one thousand dollars for the

first violation and a civil penalty of not more than one thousand five

hundred dollars for each succeeding violation.

e. (i) This section shall not apply to a food store or retail

establishment that provides a device on premises that converts cash,

without charging a fee or requiring a minimum deposit amount greater

than one dollar, into a prepaid card that allows a consumer to complete

a transaction at such food store or retail establishment.

(ii) Upon request, such device shall provide each consumer with a

receipt indicating the amount of cash such consumer deposited onto the

prepaid card.

(iii) Cash deposits onto such a prepaid card shall not be subject to

an expiration date and there shall be no limit on the number of

transactions that may be completed on such prepaid card.

(iv) In the event that such device malfunctions, the food store or

retail establishment where such device is located shall accept payment

in cash from consumers throughout the time period in which such device

does not function in accordance with the standards set forth in this

section. Such food store or retail establishment shall place a

conspicuous sign on or immediately adjacent to such device indicating

that such food store or retail establishment is required by law to

accept cash if such device malfunctions, and that consumers may report

any violation to the department of state division of consumer

protection. The department of state may establish by rule additional

requirements relating to such signs and the display of such signs.