A LOCAL LAW AMENDING CHAPTER 31 TO ADD SECTION 31-30a, TITLED “DYNAMIC PRICING PROHIBITED” OF ARTICLE III OF CHAPTER 31 OF THE CHARTER OF THE CITY OF YONKERS.
Notice is hereby given that the City Council of the City of Yonkers has adopted the abovementioned legislation that amends the charter to prohibit Retail Entities in the City of Yonkers from setting prices using dynamic pricing, which is the practice of causing a price for a good or a product to fluctuate based upon demand, the weather, consumer data or other similar factors including an artificial intelligence-enabled pricing adjustment. It provides that a violation of this provision is a violation of the Yonkers Consumer Protection Code. Dynamic pricing does not include:
(1) A discount;
(2) A special price set for a limited period of time, such as a lunch menu, early bird or happy hour price; or
(3) A market price for a good or product that traditionally has been priced based upon market conditions, such as seafood, except that a market price may only be set once in a business day.
Prohibition on dynamic pricing. A Retail Entity, as defined in this Code, may not use Dynamic pricing, as defined herein, in setting the price for a good or product sold by the Retail Entity. The price for a good or product must remain fixed for at least one business day and must be posted or displayed in a manner visible to the public, such as on a menu, menu board, price tag, or label.
The penalties for violation of this ordinance are as follows:
A violation of this section is a violation of the Yonkers Consumer Protection Code and a Class II Offense.
The complete text of the ordinance is on file and may be examined at the Office of the City Clerk, City Hall, 40 S. Broadway, Yonkers, NY 10701.
