N.Y. Social Services Law § 151: Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients

§ 151. Penalties for cashing public assistance checks or accepting

electronic benefit transfers from public assistance recipients. 1.

Unauthorized transactions. Except as otherwise provided in subdivision

two of this section, no person, firm, establishment, entity, or

corporation (a) licensed under the provisions of the alcoholic beverage

control law to sell liquor and/or wine at retail for off-premises

consumption; (b) licensed to sell beer at wholesale and also authorized

to sell beer at retail for off-premises consumption; (c) licensed or

authorized to conduct pari-mutuel wagering activity under the racing,

pari-mutuel wagering and breeding law; (d) licensed to participate in

charitable gaming under article fourteen-H of the general municipal law;

(e) licensed to participate in the operation of a video lottery facility

under section one thousand six hundred seventeen-a of the tax law; (f)

licensed to operate a gaming facility under section one thousand three

hundred eleven of the racing, pari-mutuel wagering and breeding law; or

(g) providing adult-oriented entertainment in which performers disrobe

or perform in an unclothed state for entertainment, or making available

the venue in which performers disrobe or perform in an unclothed state

for entertainment, shall cash or accept any public assistance check or

electronic benefit transfer device issued by a public welfare official

or department, or agent thereof, as and for public assistance.

2. Authorized transactions. (a) A grocery store that sells groceries

including staple foods and that also offers, or is located within the

same building or complex as, a casino, gambling casino, or gaming

establishment; and any area of a pari-mutuel race track that does not

accept wagers and is not open to the public or to unauthorized

personnel, such as non-wagering areas of the backstretch, may accept any

public assistance check or electronic benefit transfer issued by a

public welfare official or department, or agent thereof. For purposes of

this paragraph, "gaming establishment" shall mean any video lottery

facility, off-track betting branch office, simulcast facility, licensed

commercial charitable gaming facility, or any pari-mutuel race track.

(b) Any establishment that offers gambling incidental to the principal

purpose of the business at such location may accept any public

assistance check or electronic benefit transfer device issued by a

public welfare official or department, or agent thereof.

3. Penalties. (a) A violation of the provisions of subdivision one of

this section taking place at the licensed premises by a person,

corporation or entity licensed under the alcoholic beverage control law:

(i) to sell liquor and/or wine at retail for off-premises consumption;

(ii) to sell beer at wholesale and also authorized to sell beer at

retail for off-premises consumption; or (iii) to sell liquor, wine

and/or beer for on-premises consumption at an establishment where

entertainers appear unclothed as permitted by the rules of the state

liquor authority, shall constitute cause, for the purposes of section

one hundred eighteen of the alcoholic beverage control law, for the

revocation, cancellation or suspension of such license.

(b) A violation of the provisions of subdivision one of this section

by any person, corporation or entity licensed to operate a gaming

facility under section one thousand three hundred eleven of the racing,

pari-mutuel wagering and breeding law; licensed under section one

thousand six hundred seventeen-a of the tax law to participate in the

operation of a video lottery facility; licensed or authorized to conduct

pari-mutuel wagering under the racing, pari-mutuel wagering and breeding

law; or licensed to participate in charitable gaming under article

fourteen-H of the general municipal law, shall subject such person,

corporation or entity to disciplinary action pursuant to section one

hundred four of the racing, pari-mutuel wagering and breeding law and

section one thousand six hundred seven of the tax law, which may include

revocation, cancellation or suspension of such license or authorization.

(c) A violation of the provisions of subdivision one of this section

by any person, firm, establishment, entity or corporation providing

adult-oriented entertainment in which performers disrobe or perform in

an unclothed state for entertainment, or making available the venue in

which performers disrobe or perform in an unclothed state for

entertainment, shall be a violation, as defined in subdivision three of

section 10.00 of the penal law, subject to a fine of not more than one

hundred dollars, a second such violation shall be a violation subject to

a fine of not more than five hundred dollars, and a third or subsequent

such violation shall be class B misdemeanor subject to a fine of not

more than one thousand dollars.