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§ 5-57 Utility Bill Payments.
   (a)   A person or business that accepts a consumer's utility bill payment without authorization from the utility must:
      (1)   stamp the consumer's bill upon presentation with the current date; and
      (2)   give the consumer a signed receipt containing the date, the amount paid, the name and address of the individual accepting the payment and the name and address of the person or entity for whom the individual accepted the payment, if different; and
      (3)   send the payment by regular mail to the utility within 24 hours of its receipt.
   (b)   If a payment was not received by an authorized office of the utility within five days of the date stamped on the bill, it shall be presumed that the payment has been held for more than 24 hours.
§ 5-58 Food in Damaged Containers.
   (a)   Definitions.
      Container. "Container" means an item which contains food or a food product, including cans, bottles, cartons, bags, boxes, wrappers and tubes.
      Food or food product. "Food or food product" means food, drink, confectionery or condiment, used or intended for use by humans or animals, including all substances or ingredients to be added to food for any purpose.
   (b)   No food product may be offered for sale if contained in:
      (1)   a can with a body seam dent, a top or bottom rim dent, or a sharp body dent;
      (2)   a can with any bulge other than small bulges due solely to small, smooth body dents;
      (3)   a can which has leaked or is rusted;
      (4)   a vacuum-sealed container of any sort on which the vacuum has been broken;
      (5)   a container whose outer surface is punctured in any manner, whether or not the puncture has been repaired (except where the food or food product is contained in an inner, sealed container or containers, and the innermost container has not in any way been punctured or the food contents been in any other way exposed to the air).
§ 5-59 Restaurant Surcharges.
   (a)   A seller serving food or beverages for consumption on the premises may not add surcharges to listed prices. For example, a restaurant may not state at the bottom of its menu that a 10 percent charge or a $1.00 charge will be added to all menu prices.
   (b)   A seller may impose a bona fide service charge (such as an added charge for two persons splitting one meal, or a per person minimum charge), if the charge is conspicuously disclosed to the consumer before the food is ordered.
   (c)   In this section, the term "surcharge" does not include tax.
§ 5-60 Franchises.
   (a)   Definitions.
      Franchise. "Franchise" means a right to use the franchisor's trademark, tradename, brand name, or other mark of identity to suggest a substantial association with the franchisor.
      Franchisee. "Franchisee" means a person receiving a franchise.
      Franchisor. "Franchisor" means a person giving a franchise.
      Subfranchisee. "Subfranchisee" means a person to whom a franchisee gives the right to use a franchise.
   (b)   Required disclosures.
      (1)   A franchisee or subfranchisee must conspicuously disclose on a sign and on each sales slip, receipt and contract for more than $50:
         (i)   that the franchisor, franchisee or subfranchisee are separate business entities; and
         (ii)   the legal name and address of the party given the franchise, and the legal name of the franchisee and subfranchisee, if any, disclosed in accordance with 6 RCNY § 5-01 "Legal Name." These disclosures need not be made on credit card receipts if there is a sign conspicuously disclosing them at all cash registers or at the place where credit card transactions occur.
      (2)   A franchisor, franchisee or subfranchisee must conspicuously disclose:
         (i)   that advertised sales, discounts, or other special offers are available only at participating franchise outlets, if such is the case;
         (ii)   wherever a warranty or guarantee appears, that the terms of the guarantee or warranty apply only to certain franchise outlets, if such is the case;
         (iii)   that there has been a change in ownership of the franchise outlet, if such is the case, unless upon the change of ownership the name of the franchise was substantially altered. The disclosure required by 6 RCNY § 5-60(b)(2)(iii) need only be made during the first ninety days after the transfer of ownership.
   (c)   Partial exemption. A franchisee or subfranchisee need not make the disclosures otherwise required by 6 RCNY §§ 5-60(b)(1) and 5-60(b)(2)(iii) if the franchisor is liable to customers of the franchisee or subfranchisee for items sold by the franchisee or subfranchisee.
§ 5-61 Public Performance Seats.
   (a)   Sellers of seats to performances at any place of public amusement or sport must conspicuously display a diagram of reserved seat locations by row and seat number, or must conspicuously display a sign stating that such a diagram is available upon request. The diagram must also show every area designated on any ticket.
   (b)   The ticket for any seat which does not allow complete view of all action must state that the view is obstructed or impaired.
   (c)   The following requirements apply to places of public amusement or sport with seating capacities of between 900 and 2,000 ("Theatres"):
      (1)   The seating level located immediately above the orchestra level may be designated "mezzanine." However, if no crossover or structural division exists in such level, then no part of it may be designated as "front mezzanine" or "rear mezzanine"
      (2)   If a crossover or structural division exists in such level, then either:
         (i)   the area in front of the crossover or structural division shall be designated "front mezzanine" and the area behind the crossover or structural division shall be designated "rear mezzanine"
         (ii)   the entire level shall be designated "mezzanine."
      (3)   The lettering of rows in each seating area designated as "mezzanine," "front mezzanine" or "rear mezzanine" shall be alphabetically consecutive, beginning with row "A."
      (4)   A Theatre shall cause the seating diagram referred to in subdivision (a) of this section to be conspicuously posted at all locations where tickets to a performance at such theatre are offered for sale, including but not limited to the Times Square Theatre Centre and The Lower Manhattan Theatre Centre.
      (5)   Before a sale of tickets over the telephone is completed, a Theatre shall cause the following information to be orally communicated to the consumer;
         (i)   the number of seating levels in the theatre; and
         (ii)   the seating level on which the ticket(s) offered are located.
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