New York § 529-A - 529-AMerchant category-codes

§ 529-A. 529-AMerchant category-codes

§ 529-a. Merchant category-codes. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Dealer of firearms" means a gunsmith or dealers in firearms in this state licensed pursuant to section 400.00 of the penal law, for which the highest sales value is, or is expected to be, from the combined sale in New York of firearms, firearm accessories, or ammunition, as stated by the business to its merchant acquirer in the ordinary course of business. (b) "Firearm" has the same meaning as that term is defined in subdivision three of section 265.00 of the penal law. 2. (a) On or before November first, two thousand twenty-four, each payment card network shall make the merchant category-code for firearms and ammunition businesses established by the international organization for standardization on September ninth, two thousand twenty-two, available for merchant acquirers that provide payment services for dealers of firearms. (b) On and after May first, two thousand twenty-five, each merchant acquirer shall assign to each dealer of firearms in this state the merchant category-code for firearms and ammunition businesses established by the international organization for standardization on September ninth, two thousand twenty-two. 3. Whenever there shall be a violation of this section, the attorney general shall give written notice to the person violating this section identifying the specific provisions of this section that are or were being violated. The attorney general shall not bring an action under this section where, within thirty days of receiving such written notice, the person cures the violation and provides the attorney general with a written statement confirming the violation was cured, including supporting documentation on how the violation was cured, and stating how internal policies were changed to prevent such violations in the future. If the violations were not cured or proper written notice not received by the attorney general within thirty days of written notice being received by such person violating 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 violations; 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 ten thousand dollars for each violation and reasonable attorney's fees and costs incurred in investigating and bringing an action under this section. 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.