New York § 396-KK - 396-KKSale of video game consoles

§ 396-KK. 396-KKSale of video game consoles

§ 396-kk. Sale of video game consoles. 1. For purposes of this section: (a) "Video game" means an interactive electronic amusement device, disk, cartridge or other object that utilizes a computer, microprocessor or similar electronic circuitry and its own monitor, a television set or a computer monitor, and such device or object is designed to allow a person to manipulate the images presented by such device or object. (b) "Video game console" means an interactive electronic amusement device that uses a dedicated computer, microprocessor or similar electronic circuitry and its own monitor, a television set or a computer monitor to enable a person to interact with a video game. Such terms shall not include a personal computer, nor shall they include a handheld device in which such entire device, including the viewing screen, is designed to be held in one's hand. 2. Every new video game console sold at retail in this state shall include a mechanism, device or control system that allows an owner, through the use of a personal identification number, password or similar technology, to prevent the display on such video game console of video games, or portions thereof, containing certain content or having certain ratings, as such term is defined in subdivision two of section six hundred eleven of this chapter. 3. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than five hundred dollars for a single violation and not more than fifty thousand dollars for multiple violations resulting from a single act or incident. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.