2023 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.