N.Y. General Business Law § 396-kk: Sale of video game consoles

§ 396-kk. Sale of video game consoles. 1. For purposes of this

section:

(a) "Video game" means an interactive electronic amusement device,

disk, cartridge or other object that utilizes a computer, microprocessor

or similar electronic circuitry and its own monitor, a television set or

a computer monitor, and such device or object is designed to allow a

person to manipulate the images presented by such device or object.

(b) "Video game console" means an interactive electronic amusement

device that uses a dedicated computer, microprocessor or similar

electronic circuitry and its own monitor, a television set or a computer

monitor to enable a person to interact with a video game. Such terms

shall not include a personal computer, nor shall they include a handheld

device in which such entire device, including the viewing screen, is

designed to be held in one's hand.

2. Every new video game console sold at retail in this state shall

include a mechanism, device or control system that allows an owner,

through the use of a personal identification number, password or similar

technology, to prevent the display on such video game console of video

games, or portions thereof, containing certain content or having certain

ratings, as such term is defined in subdivision two of section six

hundred eleven of this chapter.

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 such court or justice, enjoining and

restraining any further violation, 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 five hundred dollars for a single violation and not more than fifty

thousand dollars for multiple violations resulting from a single act or

incident. 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.