§ 399-T*2 — Vending machine disclosure

* § 399-t. Vending machine disclosure. 1. Definitions. For purposes of\nthis article, "vending machine" shall mean and include a coin operated\nmachine used to sell merchandise and/or services but shall not include a\ncoin operated telephone.\n 2. Notice requirements relating to vending machines. Every vending\nmachine available for use by the public in this state shall have a\nnotice prominently affixed thereto which indicates the name, address,\nand telephone number of the owner and/or operator of such machine or the\nname, address and telephone number of an individual designated by such\nowner/operator to maintain said machine. Said notice provisions of this\nsection shall not apply in instances where a vending machine is attended\nby a person capable of administering a refund.\n 3. Any individual, firm, partnership, corporation, association,\ncompany or organization which owns or leases such vending machine and\nknowingly fails to comply with the requirements of this section shall be\nassessed a civil penalty not to exceed fifty dollars for the first\nviolation, one hundred dollars for a second violation and two hundred\nfifty dollars for any subsequent violation provided, however, that\nmultiple violations of subdivision two of this section which\nconcurrently occur within the same public area designated for the\noperation of vending machines shall, for purposes of assessing a penalty\nunder this subdivision, constitute a single violation against such\nindividual, firm, partnership, corporation, association, company, or\norganization which owns and/or leases such machines. Each day such\noffense shall continue shall constitute a separate additional violation.\nIt shall be a defense to the imposition of any such civil penalty if the\nowner or operator posted a notice as required by this section and such\nnotice was removed or defaced by vandals, provided the owner or operator\nsubsequently complies with the requirements of this section.\n 4. This section shall not annul, alter, affect or exempt any person,\nfirm, partnership, corporation, association, company or organization\nsubject to the provisions of this section from complying with the laws,\nordinances, rules or regulations of any locality, relating to the\nposting of vending machine notices, except to the extent that these\nlaws, ordinances, rules or regulations are inconsistent with any\nprovision of this section, but no such local law, ordinance, rule or\nregulation shall be considered inconsistent, if it affords greater\nprotection to the consumer.\n * NB There are 2 § 399-t's\n