2006 New York Code - Application Of Article

 
    § 374. Application of article. 1. The provisions of this article shall
  not  apply when checks, drafts or money orders are cashed, other than by
  a licensee, without a consideration or charge; nor when  checks,  drafts
  or  money orders are cashed, other than by a licensee, as an incident to
  the conduct of any other lawful business where not more than one  dollar
  is  charged  for cashing each check, draft or money order; nor shall the
  provisions of this article apply to any national bank,  federal  reserve
  bank,  or  to any person, partnership, association, corporation or other
  organization doing business under or pursuant to the provisions of  this
  chapter, except a licensee under this article.
    2.  The  provisions  of  this  article shall apply to the operation of
  electronic check cashing machines. No person, partnership,  association,
  corporation  or  other  organization  required to be licensed under this
  article shall operate an electronic check cashing machine without  being
  duly  licensed by the superintendent to engage in such business pursuant
  to this article.
    * 3. Notwithstanding the provisions of subdivisions  one  and  two  of
  this  section, no national bank or any person, partnership, association,
  corporation or other organization doing business under  or  pursuant  to
  the  provisions  of  this chapter, except a licensee under this article,
  shall conduct the business of cashing  checks  at  a  separate  location
  which  is  used  primarily by any such entity for the purpose of cashing
  checks, or at a separate  location  by  means  of  an  electronic  check
  cashing  machine,  unless  such separate location is not closer than one
  thousand five hundred eighty-four feet (three-tenths of a mile) from  an
  existing  licensee;  provided  however  that  this restriction shall not
  apply to any separate location which  was  in  operation  prior  to  the
  effective  date  of  this subdivision nor shall it apply to any national
  bank or any  person,  partnership,  association,  corporation  or  other
  organization  doing business under or pursuant to the provisions of this
  chapter which was engaged in the business of  electronic  check  cashing
  machines in this state prior to the effective date of this subdivision.
    * NB Repealed February 8, 2008
    4.  Notwithstanding  the  provisions of article four-A of this chapter
  and any rules or regulations adopted thereunder, a public  accommodation
  office  shall  be deemed a separate location for purposes of subdivision
  three of this section if such office is used primarily for  the  purpose
  of  cashing  of  checks.  A public accommodation office, for purposes of
  this subdivision, shall include, without limitation, both  those  public
  accommodation  offices  for  which  regulatory  approval is required and
  those public accommodation offices for which regulatory approval is  not
  required. The provisions of this subdivision shall be deemed to apply to
  any similar facility established by a national bank.