N.Y. Social Services Law Section 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 Tax Law § 1617-A (Video lottery gaming)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 Alcoholic Beverage Control Law § 118 (Revocation of licenses for cause)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 Tax Law § 1617-A (Video lottery gaming)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 Tax Law § 1607 (Suspension and revocation of licenses)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.

Source: Section 151 — Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients, https://www.­nysenate.­gov/legislation/laws/SOS/151 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

131
Assistance, care and services to be given
131‑A
Monthly grants and allowances of public assistance
131‑AA
Monthly statistical reports
131‑AAA
Availability of adverse childhood experiences services
131‑B
Fees for services
131‑BB
Family homelessness and eviction prevention supplement program
131‑C
Inclusion of parents and siblings of a minor in the public assistance household
131‑D
Substance abuse rehabilitative and preventive services
131‑E
Family planning services
131‑F
Retroactive social security benefit increases
131‑G
Authority to accept public and private gifts
131‑H
Authority to operate family homes for adults
131‑I
Social services districts
131‑I*2
Family loan program
131‑J
Certain utility deposits
131‑K
Undocumented noncitizens
131‑L
Exclusion of agent orange benefits
131‑M
Information on resource referral services
131‑N
Exemption of income and resources
131‑O
Personal allowances accounts
131‑P
Group health insurance benefits
131‑Q
Electronic payment file transfer system pilot project
131‑R
Liability for reimbursement of public assistance benefits
131‑S
Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state...
131‑SS
Automated identification of OTDA assistance program participants
131‑T
Periodic reporting
131‑U
Domestic violence services
131‑V
Temporary emergency shelter
131‑W
Limitations in the payment of rent arrears
131‑X
Reverse mortgage loans
131‑Z
Child assistance program
131‑ZZ
Child poverty reduction
132
Investigation of applications
132‑A
Children born out of wedlock
133
Temporary preinvestigation emergency needs assistance or care
133‑A
Contracts for distribution of public assistance grants
134
Supervision
134‑A
Conduct of investigation
134‑B
Front end detection system
134‑C
Requirement to publicly post information
135
Cooperation of public welfare officials
136
Protection of public welfare records
136‑A
Information from state tax commission and the comptroller
137
Exemption from levy and execution
137‑A
Exemption of earnings of recipients from assignment, income execution and installment payment order
138‑A
Responsibility of the department for recipients in family care
139‑A
Special provisions to avoid abuse of assistance and care
141
Burial of the dead
142
Exclusiveness of eligibility requirements
142‑A
Federal economic opportunity act grants or payments
142‑B
Federal manpower development training act and elementary and secondary education act grants or payments
143
Information to be given by employers of labor to social services officials, the department, family court and the state department of ment...
143‑A
Information to be given to public welfare officials by retail instalment sellers, small loan companies and sales finance companies
143‑B
Avoidance of abuses in connection with rent checks
143‑C
Avoidance of abuses in connection with rent security deposits
144
Power of public welfare officials and service officers to administer oaths
144‑A
Information to be given to officials of the department and of social services districts
145
Penalties
145‑A
Judgment liens
145‑B
False statements
145‑C
Sanctions
146
Penalty for the sale or exchange of assistance supplies
147
Misuse of food stamps, food stamp program coupons, authorization cards and electronic access devices
148
Penalty for unlawfully bringing a needy person into a public welfare district
149
Penalty for bringing a needy person into the state
150
Penalty for neglect to report or for making false report
151
Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients
152
Payments to the New York public welfare association
152‑A
Burial reserves for certain recipients of public assistance or care from assigned assets
152‑B
Surplus after recovery of cost of public assistance and care
152‑C
Menstrual products
152‑D
Replacement of stolen public assistance

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 151’s source at nysenate​.gov

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