2014 New York 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
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