§ 529-A — Merchant category-codes

§ 529-a. Merchant category-codes. 1. For the purposes of this section,\nthe following terms shall have the following meanings:\n (a) "Dealer of firearms" means a gunsmith or dealers in firearms in\nthis state licensed pursuant to section 400.00 of the penal law, for\nwhich the highest sales value is, or is expected to be, from the\ncombined sale in New York of firearms, firearm accessories, or\nammunition, as stated by the business to its merchant acquirer in the\nordinary course of business.\n (b) "Firearm" has the same meaning as that term is defined in\nsubdivision three of section 265.00 of the penal law.\n 2. (a) On or before November first, two thousand twenty-four, each\npayment card network shall make the merchant category-code for firearms\nand ammunition businesses established by the international organization\nfor standardization on September ninth, two thousand twenty-two,\navailable for merchant acquirers that provide payment services for\ndealers of firearms.\n (b) On and after May first, two thousand twenty-five, each merchant\nacquirer shall assign to each dealer of firearms in this state the\nmerchant category-code for firearms and ammunition businesses\nestablished by the international organization for standardization on\nSeptember ninth, two thousand twenty-two.\n 3. Whenever there shall be a violation of this section, the attorney\ngeneral shall give written notice to the person violating this section\nidentifying the specific provisions of this section that are or were\nbeing violated. The attorney general shall not bring an action under\nthis section where, within thirty days of receiving such written notice,\nthe person cures the violation and provides the attorney general with a\nwritten statement confirming the violation was cured, including\nsupporting documentation on how the violation was cured, and stating how\ninternal policies were changed to prevent such violations in the future.\nIf the violations were not cured or proper written notice not received\nby the attorney general within thirty days of written notice being\nreceived by such person violating this section, an application may be\nmade by the attorney general in the name of the people of the state of\nNew 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\nviolations; 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 ten thousand dollars for each violation and reasonable attorney's\nfees and costs incurred in investigating and bringing an action under\nthis section. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n