2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
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.