2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-BBB - Solicitations by container; disclosures.

 
    § 399-bbb. Solicitations by container; disclosures. 1. As used in this
  section  the  term  "collection  container"  shall  mean  an  unattended
  canister, box, receptacle, or similar device, used for the  solicitation
  and collection of personal property, not including money or evidences of
  debt.   Such  term  shall  not  include  an  unattended  canister,  box,
  receptacle, or similar device, used exclusively for  the  collection  of
  used  paper, cardboard, motor oil, bottles, cans or other receptacles or
  materials, not including textiles,  for  recycling  or  waste  diversion
  purposes.
    2.  Any  person, business, not-for-profit organization or other entity
  or entities, or an agent or agents, whether paid or not  paid,  of  such
  person,  business,  not-for-profit  organization  or  other  entity, who
  places a collection container in a public place  on  public  or  private
  property  shall  affix  to  the  collection  container  a  label that is
  designed to be incapable of being destroyed or removed and that  clearly
  and  conspicuously  displays  in  at least twenty-four point type unless
  otherwise specified in this section and on the front of  the  collection
  container  in  a manner that is readily visible to an individual placing
  property in the collection container the following:
    (a) the name of the person, business, not-for-profit  organization  or
  other  entity which owns the collection container and any agent thereof;
  the legal  address  and  telephone  number  of  such  person,  business,
  not-for-profit  organization or other entity and any agent thereof where
  the owner of the collection container or its agent can be reached during
  ordinary business hours; any registrations required by  state  or  local
  law  of  such  person,  business,  not-for-profit  organization or other
  entity and any agent thereof;  and  a  statement  that  shall  take  the
  following  form:  For more information, contact the department of law at
  (insert the current telephone number established by  the  department  of
  law  for  receiving  inquiries  from  consumers)  or (insert the current
  address of the website of the department  of  law).  If  more  than  one
  person,  business,  not-for-profit  organization or other entity own the
  collection  container,  all  of  the  owners'  names,  legal  addresses,
  telephone  numbers  and any registrations required by state or local law
  of such owners shall be included in the disclosure label. If  more  than
  one  agent  represents  an owner of the collection container, all of the
  agents' names, legal addresses, telephone numbers and any  registrations
  required  by  state or local law of such owners shall be included in the
  disclosure label; and
    (b) a statement  about  the  purpose  or  purposes  for  the  property
  collected  in  the  container  using  letters no less than two inches in
  height as follows:
    (i) if all of the property  placed  in  the  collection  container  is
  directed to a non-business purpose or purposes as described in paragraph
  (b) of section two hundred one of the not-for-profit corporation law or,
  if  the property is sold and all proceeds of such sale are directed to a
  non-business purpose or purposes described in paragraph (b)  of  section
  two hundred one of the not-for-profit corporation law, the label affixed
  to the collection container pursuant to this section shall state:
    DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
    The value of items placed in this container is tax-deductible.
    or
    (ii)  if all of the property placed in the collection container is not
  directed to a non-business purpose or purposes as described in paragraph
  (b) of section two hundred one of the not-for-profit corporation law, or
  if the property is sold, and all proceeds of such sale are not  directed
  to  a  non-business  purpose  or  purposes described in paragraph (b) of
  section two hundred one of the not-for-profit corporation law, the label

  affixed to the collection  container  pursuant  to  this  section  shall
  state:
    DONATED ITEMS WILL BE USED FOR PROFIT
    The value of items placed in this container is NOT tax-deductible.
    3.  The  owner  of a collection container shall obtain written consent
  from the owner or lessee of the property where the collection  container
  is  located, or the owner or lessee's authorized agent, stating that the
  owner of the collection container has received permission to  place  the
  box   on   the   property.  Upon  request  of  any  local  jurisdiction,
  documentation evidencing the written consent shall be made available  by
  the owner of the collection container.
    4. (a) Any violation of the provisions of this section shall be deemed
  a  deceptive  practice  within  the  meaning  of  section  three hundred
  forty-nine of this chapter and any  remedy  provided  therein  shall  be
  available for the enforcement of this section. In addition, the district
  attorney,  county  attorney,  and  the  corporation  counsel  shall have
  concurrent  authority  to  seek  the  relief  in  paragraph  b  of  this
  subdivision,  and  all civil penalties obtained in any such action shall
  be retained by the municipality or county.
    (b) In every case where the court shall determine that a violation  of
  this  section  has  occurred,  it may impose a civil penalty of not more
  than five thousand dollars for each violation.
    (c) It shall be a defense to the imposition of any  civil  penalty  or
  any  other remedy in an action brought to enforce the provisions of this
  section if the person or entity affixed a  label  as  required  by  this
  section  and such label was removed or defaced by vandals, provided that
  such person or entity subsequently complies  with  the  requirements  of
  this section.
    (d)  Nothing  in this section shall be construed to restrict any right
  which any person may have under any other statute or the common law.