New Jersey Statutes 56:8-2.33. Discrimination against cash-paying customers prohibited; violations, penalties; exceptions
Terms Used In New Jersey Statutes 56:8-2.33
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Venue: The geographical location in which a case is tried.
b. A person in violation of subsection a. of this section shall be subject to a civil penalty of up to $2,500 for a first offense and up to $5,000 for a second offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C. 2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A third violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C. 56:8-1 et seq.), and for the purposes of this subsection shall be considered a first offense under P.L.1960, c.39 (C. 56:8-1 et seq.).
A fourth or subsequent violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C. 56:8-1 et seq.), and for the purposes of this subsection shall be considered a subsequent offense under P.L.1960, c.39 (C. 56:8-1 et seq.).
c. The provisions of this section shall not apply to:
(1) any person selling goods or services at an airport, provided that at least two persons selling food at each terminal within the airport accept cash as payment;
(2) any parking facility owned by a municipality, regardless of whether the facility is operated by the municipality, a parking authority, or an independent third party;
(3) any parking facility that accepts mobile payment, provided that the facility does not accept payment by any means other than mobile payment;
(4) any company in the business of renting motor vehicles, provided that the company accepts a cashier’s check or a certified check when offered by a buyer as payment; and
(5) any sports or entertainment venue with a seating capacity of 10,000 or more irrespective of the event held at the venue.
d. As used in this section, “at retail” shall include any retail transaction conducted in person and exclude any telephone, mail, or Internet-based transaction.
L.2019, c.50, s.1; amended 2021, c.28.