§ 396-KK — Sale of video game consoles

§ 396-kk. Sale of video game consoles. 1. For purposes of this\nsection:\n (a) "Video game" means an interactive electronic amusement device,\ndisk, cartridge or other object that utilizes a computer, microprocessor\nor similar electronic circuitry and its own monitor, a television set or\na computer monitor, and such device or object is designed to allow a\nperson to manipulate the images presented by such device or object.\n (b) "Video game console" means an interactive electronic amusement\ndevice that uses a dedicated computer, microprocessor or similar\nelectronic circuitry and its own monitor, a television set or a computer\nmonitor to enable a person to interact with a video game. Such terms\nshall not include a personal computer, nor shall they include a handheld\ndevice in which such entire device, including the viewing screen, is\ndesigned to be held in one's hand.\n 2. Every new video game console sold at retail in this state shall\ninclude a mechanism, device or control system that allows an owner,\nthrough the use of a personal identification number, password or similar\ntechnology, to prevent the display on such video game console of video\ngames, or portions thereof, containing certain content or having certain\nratings, as such term is defined in subdivision two of section six\nhundred eleven of this chapter.\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 such court or justice, enjoining and\nrestraining any further violation, 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 five hundred dollars for a single violation and not more than fifty\nthousand dollars for multiple violations resulting from a single act or\nincident. In connection with any such proposed application, the attorney\ngeneral is authorized to take proof and make a determination of the\nrelevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n