Bill Text: NY S04139 | 2009-2010 | General Assembly | Introduced


Bill Title: Prohibits restaurants in cities with a population of one million or more from serving drinking water from a tap to patrons, except upon request of patrons; defines relevant terms; excludes catering and banquet facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S04139 Detail]

Download: New_York-2009-S04139-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4139
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 14, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation to  serving  water
         to patrons in restaurants in certain cities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature recognizes that  drink-
    2  ing  water  is  an  essential  resource  that must be conserved whenever
    3  possible.  Therefore, water conservation is a vital concern. The  legis-
    4  lature  encourages  consumers  and commercial establishments to conserve
    5  water, whenever it is possible and appropriate.
    6    The legislature declares it is the purpose of this act and it  is  the
    7  policy  of the state of New York to actively promote the conservation of
    8  water by consumers and commercial establishments.
    9    S 2. The general business law is amended by adding a new section  399-
   10  ff to read as follows:
   11    S  399-FF.  SERVICE  OF  WATER  IN RESTAURANTS; PROHIBITED EXCEPT UPON
   12  REQUEST. 1. NOTWITHSTANDING ANY RULE, REGULATION OR PROVISION OF LAW  TO
   13  THE  CONTRARY, NO RESTAURANT IN A CITY WITH A POPULATION OF A MILLION OR
   14  MORE SHALL SERVE DRINKING WATER FROM A TAP TO ANY PATRON OF SUCH RESTAU-
   15  RANT, EXCEPT UPON THE REQUEST OF SUCH PATRON.
   16    2. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION
   17  HAS OCCURRED, THE COURT SHALL ISSUE A WARNING FOR THE  FIRST  VIOLATION.
   18  THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED
   19  DOLLARS FOR THE SECOND VIOLATION. THE COURT MAY IMPOSE A  CIVIL  PENALTY
   20  OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION THEREAFTER, BUT
   21  IN  NO  EVENT  SHALL  THE  TOTAL  PENALTY  THEREFOR EXCEED FIVE THOUSAND
   22  DOLLARS.
   23    3.  FOR PURPOSES OF THIS SECTION, (A) "RESTAURANT," IN ADDITION TO ITS
   24  ORDINARY MEANING, SHALL INCLUDE, ANY COFFEE  SHOP,  CAFETERIA,  LUNCHEO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11132-01-9
       S. 4139                             2
    1  NETTE,  DINER, SHORT ORDER CAFE, FAST FOOD ESTABLISHMENT, OR EATERY; AND
    2  (B) "TAP" SHALL MEAN A FAUCET FROM WHICH WATER IS DRAWN.
    3    4.  THIS  SECTION  SHALL  NOT APPLY TO CATERING FACILITIES AND BANQUET
    4  HALLS WHEN USED FOR CATERING OR BANQUET PURPOSES OR CAPACITIES.
    5    S 3. This act shall take effect on the sixtieth  day  after  it  shall
    6  have become a law.
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