NY Soc Serv L § 151 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 151 - Penalties for Cashing Public Assistance Checks or Accepting Electronic Benefit Transfers From Public Assistance Recipients.

§  151.  Penalties  for  cashing public assistance checks or accepting electronic benefit  transfers  from  public  assistance  recipients.  1. Unauthorized  transactions.  Except as otherwise provided in subdivision two  of  this  section,  no  person,  firm,  establishment,  entity,  or corporation  (a) licensed under the provisions of the alcoholic beverage control law to sell  liquor  and/or  wine  at  retail  for  off-premises consumption;  (b) licensed to sell beer at wholesale and also authorized to sell beer at retail for off-premises  consumption;  (c)  licensed  or authorized  to  conduct  pari-mutuel wagering activity under the racing, pari-mutuel wagering and breeding law; (d) licensed  to  participate  in charitable gaming under article fourteen-H of the general municipal law; (e) licensed to participate in the operation of a video lottery facility under  section  one thousand six hundred seventeen-a of the tax law; (f) licensed to operate a gaming facility under section one  thousand  three hundred  eleven of the racing, pari-mutuel wagering and breeding law; or (g) providing adult-oriented entertainment in which  performers  disrobe or  perform in an unclothed state for entertainment, or making available the venue in which performers disrobe or perform in an  unclothed  state for  entertainment,  shall cash or accept any public assistance check or electronic benefit transfer device issued by a public  welfare  official or department, or agent thereof, as and for public assistance.   2.  Authorized  transactions. (a) A grocery store that sells groceries including staple foods and that also offers, or is  located  within  the same  building  or  complex  as,  a  casino,  gambling casino, or gaming establishment; and any area of a pari-mutuel race track  that  does  not accept  wagers  and  is  not  open  to  the  public  or  to unauthorized personnel, such as non-wagering areas of the backstretch, may accept any public assistance check or  electronic  benefit  transfer  issued  by  a public welfare official or department, or agent thereof. For purposes of this  paragraph,  "gaming  establishment"  shall  mean any video lottery facility, off-track betting branch office, simulcast facility,  licensed commercial charitable gaming facility, or any pari-mutuel race track.  (b) Any establishment that offers gambling incidental to the principal purpose  of  the  business  at  such  location  may  accept  any  public assistance check or electronic  benefit  transfer  device  issued  by  a public welfare official or department, or agent thereof.   3.  Penalties. (a) A violation of the provisions of subdivision one of this section  taking  place  at  the  licensed  premises  by  a  person, corporation or entity licensed under the alcoholic beverage control law: (i)  to  sell liquor and/or wine at retail for off-premises consumption; (ii) to sell beer at wholesale and  also  authorized  to  sell  beer  at retail  for  off-premises  consumption;  or  (iii)  to sell liquor, wine and/or beer  for  on-premises  consumption  at  an  establishment  where entertainers  appear  unclothed  as  permitted by the rules of the state liquor authority, shall constitute cause, for the  purposes  of  section one  hundred  eighteen  of  the  alcoholic beverage control law, for the revocation, cancellation or suspension of such license.  (b) A violation of the provisions of subdivision one of  this  section by  any  person,  corporation  or  entity  licensed  to operate a gaming facility under section one thousand three hundred eleven of the  racing, pari-mutuel  wagering  and  breeding  law;  licensed  under  section one thousand six hundred seventeen-a of the tax law to  participate  in  the operation of a video lottery facility; licensed or authorized to conduct pari-mutuel wagering under the racing, pari-mutuel wagering and breeding law;  or  licensed  to  participate  in  charitable gaming under article fourteen-H of the general municipal  law,  shall  subject  such  person, corporation  or  entity  to  disciplinary action pursuant to section one hundred four of the racing, pari-mutuel wagering and  breeding  law  and  section one thousand six hundred seven of the tax law, which may include revocation, cancellation or suspension of such license or authorization.  (c)  A  violation of the provisions of subdivision one of this section by any person, firm,  establishment,  entity  or  corporation  providing adult-oriented  entertainment  in which performers disrobe or perform in an unclothed state for entertainment, or making available the  venue  in which   performers   disrobe  or  perform  in  an  unclothed  state  for entertainment, shall be a violation, as defined in subdivision three  of section  10.00  of the penal law, subject to a fine of not more than one hundred dollars, a second such violation shall be a violation subject to a fine of not more than five hundred dollars, and a third or  subsequent such  violation  shall  be  class B misdemeanor subject to a fine of not more than one thousand dollars.