[Adopted 7-6-2004 by L.L. No. 8-2004]
The Legislature of Rockland County hereby finds that establishments that sell in their stores in Rockland gift certificates or gift cards, or issue store credits, have been essentially paid in advance for consumer purchases. It is therefore improper for these establishments to place upon these items expiration dates, oftentimes without the knowledge of the consumer, that turn these items into "found money" for the establishments literally at the expense of the consumer. It is important to protect the consumers in Rockland County from this practice.
As used in this article, the following terms shall have the meanings indicated:
ADDITIONAL FEES
Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount of the gift certificate face value or store credit value.
DIRECTOR
The Director of Consumer Protection.
GIFT CERTIFICATE or GIFT CARD
A certificate or credit-/debit-type card offered for sale and that consumers may purchase at a value determined by a vendor and placed, either in writing or electronically, on a card, paper or other medium for use at a later time in the vendor's establishment or elsewhere as a substitute for cash or other payment.
STORE CREDIT
A credit that is placed, either in writing or electronically, on a credit-/debit-type card, paper or other medium and issued by a vendor to a consumer for any reason for use at a later time in the vendor's establishment or elsewhere as a substitute for cash or other payment.
VENDOR
An individual, partnership, corporation, firm, association or other business in Rockland County.
A. 
It shall be unlawful for any vendor to sell in Rockland County gift certificates or gift cards, or issue store credits, to a consumer containing an expiration date.
B. 
Any gift certificate or gift card sold, or store credit issued, after the effective date of this article that contains an expiration date shall be redeemable in cash for its cash value, or subject to replacement with a new gift certificate or gift card, or store credit, with no expiration date and at no cost to the consumer.
C. 
It shall be unlawful for a vendor to add any additional fees to a consumer's use of any gift certificate, gift card, or store credit.
D. 
All gift certificates and gift cards sold or issued in Rockland County after the effective date of this article must have printed on them or adhered to the certificate or card the following recitation on the face or the back of the certificate or card:
"Pursuant to RC LL #8 of 04, this card has no expiration date and no dormancy fees may charged."
A. 
Any vendor who violates a provision of this article or any regulations promulgated pursuant to this article shall be subject to the imposition of a civil penalty by the Director in an amount not exceeding $500 for a first violation.
[Amended 8-5-2020 by L.L. No. 4-2020]
B. 
A vendor who fails to place on or adhere to a gift card or gift certificate the recitation outlined in § 331-40D shall be subject to a civil penalty by the Director in an amount not exceeding $500 for a first violation. Such violation shall be considered separate and apart from any failure to comply with any other section of this article.
[Amended 8-5-2020 by L.L. No. 4-2020]
C. 
At the discretion of the Director, the penalty may be waived for a first-time offender and a warning may be issued in its stead.
[Amended 8-5-2020 by L.L. No. 4-2020]
D. 
Each repeat violation of either § 331-40A or B shall be subject to a penalty in an amount not exceeding $1,000 for each such violation.
E. 
The penalty provided for by this article may be sued for and recovered by the Director in the name of the County of Rockland in any court of competent jurisdiction. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge against him and has had an opportunity to be heard.
[Amended 8-5-2020 by L.L. No. 4-2020]