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.