2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-CC*2 - Senior citizen discounts.

 
    * §  396-cc.  Senior citizen discounts. 1. Except as provided pursuant
  to subdivision two of  this  section,  any  person,  firm,  partnership,
  corporation, or association, or agent or employee thereof, which offers,
  in  the  regular course of business, an established senior citizen price
  discount on any merchandise, commodity, or service, may not  discontinue
  or disallow such established senior citizen discount on any merchandise,
  commodity,  or  service  that  has  been  separately  discounted for the
  general populace; but rather,  any  separately  discounted  merchandise,
  commodity,  or  service  must be offered in addition to, and not in lieu
  of, the established senior citizen discount.
    2. Any person, firm,  partnership,  corporation,  or  association,  or
  agent  or employee thereof, may discontinue or disallow a senior citizen
  discount on  any  merchandise,  commodity,  or  service  that  has  been
  separately  discounted  for the general populace, provided that: (a) any
  advertisements which promote the discounted price of  such  merchandise,
  commodity,  or service disclose that "no other discounts shall apply" or
  "this discount may not be combined with any other  offer"  or  words  of
  like  import;  or  (b)  such  person, firm, partnership, corporation, or
  association offering an  established  senior  citizen  discount  program
  notifies  holders  at  the  time  of  application  for  such  program of
  limitations or restrictions on the usage of  such  established  discount
  program;   or  (c)  such  person,  firm,  partnership,  corporation,  or
  association  notifies  the  general  public  of  the   disallowance   or
  discontinuance of such senior citizen discount by conspicuously posting:
  (i) a sign in close proximity to the item or items themselves; or (ii) a
  sign  affixed  to the cash register or point of sale; or (iii) a sign so
  situated as to be clearly visible to the buyer from the cash register or
  point of sale.
    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  the  court  or  justice,  enjoining and
  restraining any further violations, 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  one  hundred  dollars.  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.
    * NB There are 2 § 396-cc's