Title GBS, General Business

§ 394-f. Warrants for electronic data related to legally protected health activities. 1. For the purposes of this section, the following terms shall have the following meanings: a. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or…

§ 394-g. Geofencing of health care facilities. 1. For the purposes of this section, the following terms shall have the following meanings: a. "Digital advertisement" means any communication delivered by electronic means that is intended to be used for the purposes of marketing, …

§ 394-h. Electronic health information protections. 1. For the purposes of this section, the following terms shall have the following meanings: a. Electronic health information. The term "electronic health information" means any information in any electronic format or media that…

§ 394-i. Legally protected health activities. 1. For the purposes of this section, the term "legally protected health activity" shall have the same meaning as defined by section 570.17 of the criminal procedure law. 2. No person or entity that is located, headquartered, or incor…

§ 395. Required disclosure of prior use. 1. Whenever any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof shall offer used, rebuilt, reconditioned or repossessed television…

§ 395-a. Maintenance agreements. 1. Definitions. For the purposes of this section, a "maintenance agreement" shall refer to any contract or representation whereby the seller or manufacturer of a retail sales item or the seller of a service contract shall offer the defined servic…

§ 395-b. Unlawfully installing or maintaining a two-way mirror or other viewing device. 1. As used in this section, the phrase "two-way mirror or other viewing device" shall mean a mirror, peep hole, mechanical viewing device, camera or any other instrument or method that can be…

§ 396. Unlawful selling practices. 1. No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means of advertisement, or other means of communication, offer for sale any merchandise, commodity, or service, as part o…

§ 396-a. Representation by savings and loan association of insurance on accounts. 1. No savings and loan association, building and loan association, cooperative bank or homestead association organized in this or any other state, other than one whose accounts are insured by an ag…

* § 396-aa. Simulated check. 1. As used in this section, "simulated check" means any document which is not currency or a check, draft, note, bond, or other negotiable instrument but which, because of its appearance, has the tendency to mislead or deceive any person viewing such …

* § 396-aa. Unsolicited telefacsimile advertising. 1. It shall be unlawful for a person, corporation, partnership or association to initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient of such messages. For pur…

§ 396-aaa. Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited. 1. For purposes of this section: (a) "Advertisement" means words, pictures, photographs, symbols, graphics or visual images of any kind, or any combination thereof,…

§ 396-b. Advertisements. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, m…

§ 396-bb. Sale of motor fuels to disabled persons. 1. Any person, firm or corporation owning or operating a premises or facility for the retail sale of motor fuels for use in motor vehicles and offering self service and full service at the same time, shall, between the hours of …

§ 396-c. Advertisements by persons engaged in dental business relating to dentures and bridges. Any person engaged in the business of supplying, constructing, reproducing, relining, repairing, adding or directing the application of any substance of a permanent nature to dentures…

* § 396-cc. Notification of enclosure requirements for swimming pools. 1. a. No person, firm, association or corporation engaged in the business of selling and/or installing swimming pools of a dimension subject to New York state regulation or local law shall sell or install any…

* § 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…

§ 396-d. Advertisement and description of real property. Whenever any person or persons, firm or corporation, shall use in connection with the designation, description, advertisement, lease or sale of any real property, any name which shall include the name of any political or t…

§ 396-dd. Renting of horses; helmets and safety information. 1. For the purposes of this section, the following terms shall have the following meanings: a. "Horse" includes a horse, pony, mule or hinny. b. "Horse provider" includes any person, firm, corporation or other legal en…

§ 396-e. Marking articles made of linen. Any person, firm, corporation or association who makes or sells or offers to sell or dispose of, or has in his or its possession, with intent to sell or dispose of, any collars or cuffs marked, stamped or branded with the words, "linen," …

§ 396-ee. Sale of certain weapons; locking devices therefor. (1) No person, firm or corporation engaged in the retail business of selling rifles, shotguns or firearms, as such terms are defined in section 265.00 of the penal law, shall sell, deliver or transfer any such rifle, s…

§ 396-eee. Unlawful sale or delivery of body armor. 1. No person, firm or corporation shall sell or deliver body armor to any individual or entity not engaged or employed in an eligible profession, and except as provided in subdivision two of this section, no such sale or delive…

* § 396-eeee. Three-dimensional printers. 1. No person, firm, partnership, association, or corporation shall sell or deliver any three-dimensional printer in the state of New York unless such printer is equipped with blocking technology. As used in this section, the terms "three…

§ 396-f. Sale of blind made products. (1) Declaration of policy and statement of purpose. The protection of blind persons and organizations established to aid blind persons in the sale of blind made products and the prevention of misrepresentations in connection with the sale of…

§ 396-g. Sale of products processed by the blind. (1) Declaration of policy and statement of purpose. To broaden the protection of blind persons and organizations established to aid blind persons so as to include products processed by the blind, as well as blind made products, a…

§ 396-h. Fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes. Any person, whether a veteran soldier, sailor, marine or army nurse, or otherwise, who in the promotion of his own interests, or to derive personal pecuniary benef…

§ 396-hh. Sale of poppies, forget-me-nots, daisies, flags and other articles for patriotic purposes. Notwithstanding the provisions of any general, special or local law, charter or ordinance to the contrary, no municipality shall require any member of an organization expressly d…

§ 396-i. Acceptance of unexpired gift certificates. 1. (a) For the purposes of this section, the following terms shall have the following meanings: (1) "gift certificate" shall mean a certificate, electronic card, or other pre-funded record that: (i) is usable at a single mercha…

§ 396-ii. Cashless policies prohibited. a. As used in this section, the following terms shall have the following meanings: (i) "Cash" means United States coins and currency, including federal reserve notes. Cash does not include foreign currency; any paper instrument other than …

§ 396-j. Sale or possession of master or manipulative keys for motor vehicles. 1. Any person, firm, copartnership, corporation or association, or any agent or employee thereof who (a) sells, offers for sale or advertises for sale or knowingly possesses any master or manipulative…

* § 396-k. Hazardous toys and other articles intended primarily for use by children; prohibition and enforcement. 1. No person, firm, corporation, association or agent or employee thereof shall import, manufacture, sell, hold for sale or distribute a toy or other article intende…

* § 396-k. Sale of certain motor vehicles damaged by the ravages of natural disaster. No person, firm or corporation shall knowingly sell in this state any motor vehicle the mechanical or electrical system of which has been previously damaged by the ravages of a natural disaster…

§ 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 s…

§ 396-l. Shopping carts; child protective devices. 1. For the purposes of this section, "child protective device" shall mean a strap, device, or piece of equipment designed, utilizing reasonable engineering standards, to prevent a child from falling out of a shopping cart. Any c…

§ 396-m. Mail-order or telephone-order merchandise. 1. This section shall apply to any mail-order business or any telephone order business which is located in this state or advertises a New York state mailing address or telephone number. 2. Definitions, as used in this section: …

§ 396-mm. Unlawful trial offers. 1. a. It shall be unlawful for a person, partnership, firm, association, corporation or agent or employee thereof to provide a free trial offer unless the material terms of the offer are clearly and conspicuously disclosed. No additional products…

§ 396-n. Sales with "money back guarantee" and with "limited guarantee". 1. Definitions. As used in this section: (a) "Seller" shall include any person, firm, partnership or corporation. (b) "Goods" shall mean merchandise that is bought for use primarily for personal, family or …

§ 396-o. Sales by persons offering credits or refunds in certain cases. Whenever a person purchases goods or services from a seller, where a representation or guarantee is made that a full or partial credit or refund of the purchase price will be made if the purchaser is not ful…

* § 396-p. Rates to be posted in taxicabs; certain charges prohibited.\n1. Every taxicab available for hire in this state shall have posted, in\nthe interior thereof, in a manner legible and conspicuous to passengers,\na statement of the rates, fares or other charges whether imp…

* § 396-p. Contracts for the sale of new motor vehicles. 1. Any covenant or agreement in connection with or collateral to any contract entered into between (a) a manufacturer or distributor of new motor vehicles and a retail dealer thereof, or (b) a retail dealer of new motor ve…

§ 396-q. New motor vehicles; sales and leases. 1. Whenever a consumer agrees to purchase or lease a new motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law and excluding class A, B and C limited use motorcycles as defined in section one hu…

§ 396-qq. New and used motor vehicles; sales and leases. 1. Definitions. The following terms when used in this section, shall be deemed to mean and include: a. "Dealer" as defined in section four hundred fifteen of the vehicle and traffic law. b. "Motor vehicle" as defined in se…

§ 396-r. Price gouging. 1. Legislative findings and declaration. The legislature hereby finds that during periods of abnormal disruption of the market caused by strikes, power failures, severe shortages or other extraordinary adverse circumstances, some parties within the chain …

§ 396-rr. Price gouging; milk. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Person" shall mean the owner or owners, including any individual, partnership, association, firm, or corporation, of an establishment enga…

§ 396-s. Individual sewage disposal system; information to vendees of newly constructed homes. 1. When used in this section, the following terms, unless the context requires otherwise, shall have the following meanings: (a) "Vendee" means any individual or individuals who have c…

§ 396-ss. Access number notification. 1. Definitions. For the purpose of this section, the following words shall have the following meanings: a. "Dial-up Internet service" means a service that, by employing telephone lines, offers the transmission, routing, or providing of conne…

§ 396-t. Unlawful practices relating to layaway plans. (a) Definition of layaway plan. For purposes of this section, the term "layaway plan" shall mean a purchase over the amount of fifty dollars whereby the consumer agrees to pay in four or more installments for the purchase of…

§ 396-tt. Listing of business location in directory or database. 1. (a) No person, firm, corporation, association or agent or employee thereof shall misrepresent the geographical location of a business that derives any portion of its gross income from the sale or arranging for s…

§ 396-u. Merchandise delivery. 1. Definitions. As used in this section: a. "Consumer" means a person who enters into a contract with a dealer for the purchase or lease of furniture or a major household appliance. b. "Person" means any individual, firm, partnership, corporation, …

§ 396-v. Operation of public automated blood pressure machines. 1. Any person, firm, partnership, company or corporation which distributes, installs, leases or sells automated blood pressure machines in public places or places of employment for the unsupervised, self-administere…