Vending Machine Disclosure.

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* § 399-t. Vending machine disclosure. 1. Definitions. For purposes of this article, "vending machine" shall mean and include a coin operated machine used to sell merchandise and/or services but shall not include a coin operated telephone.

2. Notice requirements relating to vending machines. Every vending machine available for use by the public in this state shall have a notice prominently affixed thereto which indicates the name, address, and telephone number of the owner and/or operator of such machine or the name, address and telephone number of an individual designated by such owner/operator to maintain said machine. Said notice provisions of this section shall not apply in instances where a vending machine is attended by a person capable of administering a refund.

3. Any individual, firm, partnership, corporation, association, company or organization which owns or leases such vending machine and knowingly fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed fifty dollars for the first violation, one hundred dollars for a second violation and two hundred fifty dollars for any subsequent violation provided, however, that multiple violations of subdivision two of this section which concurrently occur within the same public area designated for the operation of vending machines shall, for purposes of assessing a penalty under this subdivision, constitute a single violation against such individual, firm, partnership, corporation, association, company, or organization which owns and/or leases such machines. Each day such offense shall continue shall constitute a separate additional violation. It shall be a defense to the imposition of any such civil penalty if the owner or operator posted a notice as required by this section and such notice was removed or defaced by vandals, provided the owner or operator subsequently complies with the requirements of this section.

4. This section shall not annul, alter, affect or exempt any person, firm, partnership, corporation, association, company or organization subject to the provisions of this section from complying with the laws, ordinances, rules or regulations of any locality, relating to the posting of vending machine notices, except to the extent that these laws, ordinances, rules or regulations are inconsistent with any provision of this section, but no such local law, ordinance, rule or regulation shall be considered inconsistent, if it affords greater protection to the consumer.

* NB There are 2 § 399-t's



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