NY Gen Bus L § 399-BBB (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 399-BBB - Solicitations by Container; Disclosures.

§ 399-bbb. Solicitations by container; disclosures. 1. As used in this section  the  term  "publicly  accessible  collection bin" shall mean an unattended canister, box, receptacle, or similar device,  used  for  the solicitation and collection of personal property, not including money or evidences  of  debt. Such term shall not include an unattended canister, box, receptacle, or similar device, used exclusively for the  collection of  used paper, cardboard, motor oil, bottles, cans or other receptacles or materials, not including textiles, for recycling or  waste  diversion purposes.   2.  A publicly accessible collection bin shall not be placed on public property; if placed on  public  property,  the  local  municipality  may immediately remove and dispose of such bin.   3.  Any  person, business, not-for-profit organization or other entity or entities, or an agent or agents, whether paid or not  paid,  of  such person,  business,  not-for-profit  organization  or  other  entity, who places a publicly accessible collection bin in a public place on private property shall affix to the publicly accessible collection bin  a  label that  is designed to be incapable of being destroyed or removed and that clearly and conspicuously displays in at least  twenty-four  point  type unless  otherwise  specified  in  this  section  and on the front of the publicly accessible collection bin in a manner that is  readily  visible to  an individual placing property in the publicly accessible collection bin the following:  (a) the name of the person, business, not-for-profit  organization  or other  entity  which owns the publicly accessible collection bin and any agent thereof; the legal address, telephone number, e-mail  address  and website,   if  applicable,  of  such  person,  business,  not-for-profit organization or other entity and any agent thereof where  the  owner  of the  publicly  accessible  collection  bin  or  its agent can be reached during ordinary business hours; any permit or license required by  local law  of  such  person,  business,  not-for-profit  organization or other entity and any agent thereof; a statement that  nothing  shall  be  left outside of such bin; and a statement that shall take the following form: For  more  information,  contact  the  department  of law at (insert the current telephone number  established  by  the  department  of  law  for receiving  inquiries  from  consumers) or (insert the current address of the website of  the  department  of  law).  If  more  than  one  person, business,  not-for-profit  organization or other entity own the publicly accessible collection bin, all of the owners'  names,  legal  addresses, telephone  numbers  and any permits or licenses required by local law of such owners shall be included in the disclosure label. If more than  one agent  represents  an  owner  of the publicly accessible collection bin, including a for-profit entity, on behalf of, or in  conjunction  with  a not-for-profit  organization, all of the agents' names, legal addresses, telephone numbers and any permits or licenses required by local  law  of such owners shall be included in the disclosure label; and  (b)  a  statement  about  the  purpose  or  purposes  for the property collected in the bin using letters no less than two inches in height  as follows:  (i)  if  all  of  the  property  placed  in  the  publicly  accessible collection bin is directed to a  non-business  purpose  or  purposes  as described   in   paragraph  (b)  of  section  two  hundred  one  of  the not-for-profit corporation law or, if  the  property  is  sold  and  all proceeds of such sale are directed to a non-business purpose or purposes described   in   paragraph  (b)  of  section  two  hundred  one  of  the not-for-profit corporation  law,  the  label  affixed  to  the  publicly accessible collection bin pursuant to this section shall state:   DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES    The value of items placed in this bin is tax-deductible.   or  (ii)  if  any  of  the  property  placed  in  the  publicly accessible collection bin is not directed to a non-business purpose or purposes  as described   in   paragraph  (b)  of  section  two  hundred  one  of  the not-for-profit corporation law, or if the  property  is  sold,  and  any proceeds  of  such  sale  are  not directed to a non-business purpose or purposes described in paragraph (b) of section two hundred  one  of  the not-for-profit  corporation  law,  the  label  affixed  to  the publicly accessible collection bin pursuant to this section shall state:   DONATED ITEMS WILL BE USED FOR PROFIT   The value of items placed in this bin is NOT tax-deductible.  (c) for collection bins owned  by  a  not-for-profit  organization,  a statement  describing  the  charitable  causes  that  will  benefit from donations; and  (d) collection bins operated by corporate fundraisers  or  any  entity placing  and  operating  collection  bins  for  the  benefit  of another for-profit  entity  or  not-for-profit  entity  shall   abide   by   the requirements  of  the  above  and any additional guidelines and labeling requirements under state or local law as applicable.   4. The owner of a publicly  accessible  collection  bin  shall  obtain written  consent  from  the  owner  or  lessee of the property where the publicly accessible collection bin is located, or the owner or  lessee's authorized  agent,  stating  that  the  owner of the publicly accessible collection bin has received permission to place the bin on the property. Upon request of any local  jurisdiction,  documentation  evidencing  the written  consent  shall  be  made available by the owner of the publicly accessible collection bin. The owner or lessee of the property where the publicly accessible collection bin is located, or the owner or  lessee's authorized agent may rescind such consent at any time, provided, written notice of such rescission is provided to the bin owner at least ten days prior  to the bin's removal. Written notice of rescission of consent, if given by first-class mail, shall be deemed given  when  deposited  in  a mailbox  properly  addressed  and adequate postage prepaid. Such written notice shall be effective irrespective  of  the  form  of  such  written notice  if  it  indicates  the  intention  of the owner or lessee of the property to rescind the consent previously given by the  property  owner or lessee's authorized agent. Ten days after giving notice, the property owner  or  lessee may remove and dispose of such bin, and any reasonable costs associated with such removal or disposal shall be recoverable from the owner of the publicly accessible collection bin.   5. The owner of a publicly accessible collection bin shall  adhere  to the following maintenance requirements:  (a)  bins shall be serviced and emptied as needed or within seven days of a request by the property owner or owner's agent, including  requests for removal of debris and bulk items;  (b)  remove  graffiti  on  the  outside  of  bins within seven days of requests or otherwise becoming aware of such damage or vandalism;  (c) repair damaged bins within seven days  of  requests  or  otherwise becoming aware of such damage or vandalism;  (d) secure each collection bin with a tamper-resistant lock; and  (e)  maintain  the aesthetic presentation of such bin, including fresh paint and readable signage.   6. Whenever a bin is removed by a property owner  in  accordance  with the  provisions of this section, the property owner shall inform the bin owner of the location to  which  the  bin  was  removed,  or  any  other disposition  of  the  bin, and any reasonable costs associated with such  removal or disposal shall be recoverable from the owner of the  publicly accessible collection bin.   7. (a) Any violation of the provisions of this section shall be deemed a  deceptive  practice  within  the  meaning  of  section  three hundred forty-nine of this chapter and any  remedy  provided  therein  shall  be available for the enforcement of this section. In addition, the district attorney,  county  attorney,  and  the  corporation  counsel  shall have concurrent authority to  seek  the  relief  in  paragraph  (b)  of  this subdivision,  and  all civil penalties obtained in any such action shall be retained by the municipality or county in which such bin is placed.  (b) In every case where the court shall determine that a violation  of this  section  has  occurred,  it may impose a civil penalty of not more than five thousand dollars for each violation.  (i) Any bin not in compliance  with  the  provisions  related  to  the display  of information or unpermitted placement shall subject the owner of such bin to a civil penalty of up to two hundred  fifty  dollars  for the first offense, and a civil penalty of up to five hundred dollars for each subsequent offense within an eighteen month period.  (ii)  Any  bin not in compliance with the maintenance provisions shall subject the owner of such bin to a civil penalty of up to fifty  dollars for  the first offense, and a civil penalty of up to one hundred dollars for each subsequent offense within an eighteen month period.  (c) It shall be a defense to the imposition of any  civil  penalty  or any  other remedy in an action brought to enforce the provisions of this section if the person or entity affixed a  label  as  required  by  this section  and such label was removed or defaced by vandals, provided that such person or entity subsequently complies  with  the  requirements  of this section.  (d)  Nothing  in this section shall be construed to restrict any right which any person may have under any other statute or the common law.