New York City Council Header
File #: Int 0629-2018    Version: * Name: Requiring retail stores to ask consumers before providing paper receipts and requiring that new point-of-sale devices have paperless settings.
Type: Introduction Status: Committee
Committee: Committee on Consumer Affairs and Business Licensing
On agenda: 3/7/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring retail stores to ask consumers before providing paper receipts and requiring that new point-of-sale devices have paperless settings
Sponsors: Costa G. Constantinides, Ritchie J. Torres, Deborah L. Rose
Council Member Sponsors: 3
Summary: This bill would require retail stores to confirm that a customer wants a paper receipt before providing one. It would also require that any point-of-sale device bought or sold in the City be modifiable to not print paper receipts.
Indexes: Agency Rule-making Required, Grace Period Applies, Oversight
Attachments: 1. Summary of Int. No. 629, 2. Int. No. 629, 3. March 7, 2018 - Stated Meeting Agenda

Int. No. 629

 

By Council Members Constantinides, Torres and Rose

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring retail stores to ask consumers before providing paper receipts and requiring that new point-of-sale devices have paperless settings

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 4 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 13 to read as follows:

SUBCHAPTER 13

PAPER RECEIPTS

§ 20-699.21 Definitions. As used in this subchapter, the following terms have the following meanings:

Paper receipt. The term “paper receipt” means any piece of paper constituting proof of purchase, and includes paper coupons printed along with the proof of purchase. The term does not include pieces of paper marked to be redeemable for an item or items purchased.

Point-of-sale device. The term “point-of-sale device” means any machine designed or used to aggregate the quantity and prices of items purchased, including but not limited to devices with cash drawers or other cash receptacles.

Retail store. The term “retail store” means a store engaged in selling items at retail and subject to the collection of sales tax.

§ 20-699.22 Issuance of paper receipts. No retail store shall provide a paper receipt to a consumer without first confirming that the consumer wishes to receive a paper receipt.

§ 20-699.23 Paperless option requirement for point-of-sale devices. a. No person shall sell, purchase or give away, or offer or attempt to sell, purchase or give away, a point-of-sale device that cannot be modified to not print paper receipts for use in the city. This subdivision does not apply to the discarding or recycling of used point-of-sale devices or to point-of-sale devices that will be used outside of the city.

b. No retail store that uses a point-of-sale device that can be modified to not print paper receipts shall print a receipt without first confirming that the consumer wishes to receive a paper receipt.

§ 20-699.24 Enforcement. Any person who violates the provisions of this subchapter or any rules promulgated pursuant thereto is liable for a civil penalty of $250 for a first violation and $500 for any subsequent violation within 18 months of the first violation, except that the department shall issue a warning instead of a notice of violation for any violation that occurs during the first 365 days after the law takes effect.

§ 20-699.25 Outreach and education. The commissioner shall conduct outreach and education efforts to inform retail stores and wholesale vendors of point-of-sale devices likely to be affected by this subchapter about its requirements.

§ 2. This local law takes effect 180 days after it becomes law, except that the commissioner of consumer affairs may take such measures as are necessary for its implementation, including the promulgation of rules, before such effective date.

 

HB/SSY/JJD

LS 3253/4453

1/16/2018