New York Agreements With Financing Agencies Or Card Issuers; Payment Of Fines, Civil Penalties, Taxes, Fees, Rates, Rent, Charges Or Other Amounts By Credit Ca
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§ 11-105 Agreements with financing agencies or card issuers; payment
of fines, civil penalties, taxes, fees, rates, rent, charges or other
amounts by credit card. 1. As used in this section, the following terms
shall have the following meanings:
a. "Card issuer" shall mean an issuer of a credit card, charge card or
other value transfer device.
b. "Credit card" means any credit card, credit plate, charge card,
charge plate, courtesy card, debit card or other identification card or
device issued by a person to another person which may be used to obtain
a cash advance or a loan or credit, or to purchase or lease property or
services on the credit of the person issuing the credit card or a person
who has agreed with the issuer to pay obligations arising from the use
of a credit card issued another person.
c. "Financing agency" means a person engaged, in whole or in part, in
the business of purchasing retail installment contracts, obligations or
credit agreements or indebtedness of buyers under credit agreements from
one or more retail sellers or entering into credit agreements with
retail buyers but shall not include a retail seller. The term includes
but is not limited to a bank, trust company, private banker, industrial
bank or investment company, if so engaged, but shall not include a
retail seller.
d. "Person" means an individual, partnership, corporation or any other
legal or commercial entity.
2. The city may enter into agreements with one or more financing
agencies or card issuers to provide for the acceptance by the city of
credit cards as an alternate means of payment of fines, civil penalties,
taxes, fees, rent, rates, charges or other amounts owed by a person to
the city. Any such agreement shall govern the terms and conditions upon
which a credit card proffered as a means of payment of a fine, civil
penalty, tax, fee, rent, rate, charge or other amount shall be accepted
or declined and the manner in and conditions upon which the financing
agency or card issuer shall pay to the city the amount of fines, civil
penalties, taxes, fees, rent, rates, charges or other amounts paid by
means of credit cards pursuant to such agreement. Any such agreement may
provide for the payment by the city to such financing agency or card
issuer of fees for the services rendered by such financing agency or
card issuer pursuant to such agreement, which fees may consist of a
discount deducted from or payable in respect of the amount of each such
fine, civil penalty, tax, fee, rent, rate, charge or other amount or
otherwise as the agreement may provide.
3. Notwithstanding any other provision of law to the contrary, any
agency or department of the city which, pursuant to an agreement entered
into under this section, accepts credit cards as a means of payment of
fines, civil penalties, taxes, fees, rent, rates, charges or other
amounts owed by a person to the city shall be authorized to charge and
collect from any person offering a credit card as a means of payment of
a fine a reasonable and uniform fee as a condition of accepting such
credit card in payment of a fine, civil penalty, tax, fee, rent, rate,
charge or other amount. Such fee shall not exceed the cost incurred by
the agency or department in connection with such credit card
transaction, which cost shall include any fee payable by the city to the
financing agency.