§ 396-CC*2 — Senior citizen discounts

* § 396-cc. Senior citizen discounts. 1. Except as provided pursuant\nto subdivision two of this section, any person, firm, partnership,\ncorporation, or association, or agent or employee thereof, which offers,\nin the regular course of business, an established senior citizen price\ndiscount on any merchandise, commodity, or service, may not discontinue\nor disallow such established senior citizen discount on any merchandise,\ncommodity, or service that has been separately discounted for the\ngeneral populace; but rather, any separately discounted merchandise,\ncommodity, or service must be offered in addition to, and not in lieu\nof, the established senior citizen discount.\n 2. Any person, firm, partnership, corporation, or association, or\nagent or employee thereof, may discontinue or disallow a senior citizen\ndiscount on any merchandise, commodity, or service that has been\nseparately discounted for the general populace, provided that: (a) any\nadvertisements which promote the discounted price of such merchandise,\ncommodity, or service disclose that "no other discounts shall apply" or\n"this discount may not be combined with any other offer" or words of\nlike import; or (b) such person, firm, partnership, corporation, or\nassociation offering an established senior citizen discount program\nnotifies holders at the time of application for such program of\nlimitations or restrictions on the usage of such established discount\nprogram; or (c) such person, firm, partnership, corporation, or\nassociation notifies the general public of the disallowance or\ndiscontinuance of such senior citizen discount by conspicuously posting:\n(i) a sign in close proximity to the item or items themselves; or (ii) a\nsign affixed to the cash register or point of sale; or (iii) a sign so\nsituated as to be clearly visible to the buyer from the cash register or\npoint of sale.\n 3. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by the court or justice, enjoining and\nrestraining any further violations, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\nsection has occurred, the court may impose a civil penalty of not more\nthan one hundred dollars. In connection with any such proposed\napplication, the attorney general is authorized to take proof and make a\ndetermination of the relevant facts and to issue subpoenas in accordance\nwith the civil practice law and rules.\n * NB There are 2 § 396-cc's\n