S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6326
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 2, 2009
                                      ___________
       Introduced  by  M. of A. TOWNS, WALKER, ALFANO, SCHROEDER -- Multi-Spon-
         sored by -- M. of A.  GORDON, PEOPLES -- read once and referred to the
         Committee on Economic Development, Job Creation, Commerce and Industry
       AN ACT to amend the general business law, in relation  to  the  sale  of
         postage stamps
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-q to read as follows:
    3    S 391-Q. SALE OF POSTAGE STAMPS. 1. FOR THE PURPOSES OF THIS SECTION:
    4    (A) "POSTAGE STAMP" MEANS ANY SMALL, USUALLY ADHESIVE LABEL ISSUED  BY
    5  THE  GOVERNMENT AND SOLD IN VARIOUS DENOMINATIONS TO BE AFFIXED TO ITEMS
    6  OF MAIL AS EVIDENCE OF THE PAYMENT OF POSTAGE;
    7    (B) "RETAIL MERCANTILE ESTABLISHMENT" MEANS A PLACE WHERE  MERCHANDISE
    8  IS OFFERED TO THE PUBLIC FOR SALE.
    9    2.  NO  RETAIL MERCANTILE ESTABLISHMENT SHALL SELL OR OFFER TO SELL OR
   10  CAUSE ANY PERSON TO SELL OR OFFER TO SELL A POSTAGE STAMP TO  ANY  INDI-
   11  VIDUAL, UNLESS SUCH POSTAGE STAMP IS SOLD FOR ITS ACTUAL FACE VALUE.
   12    3. THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO PHILATEL-
   13  IC  ACTIVITIES,  MORE COMMONLY KNOWN AS THE COLLECTION AND/OR TRADING OF
   14  STAMPS AND OTHER POSTAL MATERIALS.
   15    4. ANY RETAIL MERCANTILE ESTABLISHMENT WHICH FAILS TO COMPLY WITH  THE
   16  REQUIREMENTS  OF  THIS  SECTION SHALL BE ASSESSED A CIVIL PENALTY NOT TO
   17  EXCEED ONE HUNDRED FIFTY DOLLARS FOR EACH VIOLATION OF THIS SECTION.
   18    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08647-01-9