Int. No. 306
By Council Members Koslowitz (by request of the Mayor) and Clarke, Malave-Dilan, Wooten and Stabile; also Council Members Lasher, Povman and Eristoff.
A Local Law to amend the administrative code of the city of New York, in relation to electronics stores.
Be it enacted by the Council as follows:
Section 1. Subdivision c of section 20-484 of the administrative code of the city of New York, as added by local law number 38 for the year 1992, is amended to read as follows:
c. “Display space” shall mean the area of a retail establishment in which merchandise is publicly displayed and offered for sale [and which is generally accessible to customers].
§ 2. Subdivision b of section 20-485.5 of such code, as added by local law number 38 for the year 1992, are amended to read as follows:
b. [Display] Disclosure of selling price. 1. Items publicly displayed. All merchandise sold, exposed for sale or offered for sale at retail in a store licensed under this subchapter that is publicly displayed shall have conspicuously [displayed] disclosed, at the point of exposure or offering for sale, the current total selling price exclusive of tax by means of a stamp, tag or label attached to the item, or a sign at the point of display which indicates the item to which the price refers; provided that this information is plainly visible, without the assistance of store personnel. [2.] This [subdivision] paragraph shall not apply to merchandise displayed in the window of the electronics store.
2. Items not publicly displayed. Every store licensed under this subchapter shall conspicuously display in such store and shall make available to any person without the assistance of store personnel a list, or other written or printed materials including, but not limited to, fliers, posters, catalogs, books or brochures, which indicates in a clear and conspicuous manner the current total selling price, exclusive of tax, of all merchandise offered for sale in such store that is not publicly displayed.
3. Notwithstanding the provisions of section 20-485.6 of this subchapter, the civil penalties imposed for a violation of this subdivision shall be those provided for violations of section 20-708 of this title.
§3. Section 20-486 of such code, as added by local law 38 for the year 1992, is amended to read as follows:
§ 20-486 Exemptions. a. The provisions of this subchapter shall not apply to:
[a] 1. any store which uses less than twenty percent of its display space, as measured by linear feet and not square feet, for the display of electronic goods; or
[b] 2. any store that displays fewer than thirty items that are electronic goods in its display space.
b. The exemptions to the provisions of this subchapter established pursuant to subdivision a of this section are not available to any store that is primarily engaged in the selling or offering for sale to the public electronic goods.
c. The burden of proof that an exemption established pursuant to subdivision a of this section applies shall be upon the store asserting such exemption.
§4. This local law shall take effect 30 days after its enactment into law.