§ 399-bb. Certain dry cleaning institutions; option for six months donation of articles of clothing. 1. A retail dry cleaning institution may post the following notice:
IN ACCORDANCE WITH NEW YORK STATE LAW
GARMENTS NOT PICKED UP
WITHIN SIX MONTHS
WILL BE DONATED TO CHARITY
Such notice shall be at a minimum eleven inches in height by seventeen inches in length and the printed characters shall be 1.25 inches in height and at least .5 inches in width. Such notice shall be printed in a legible manner and shall be posted in a prominent and conspicuous location in the consumer area of the dry cleaning institution. Such notice shall also be stamped or printed in at least twelve point bold print on the receipt given to each consumer.
2. Notwithstanding any inconsistent provision of the abandoned property law, a retail dry cleaning institution that has posted such a notice and provided such a receipt may donate a garment or household item that has not been retrieved within six months to a bona fide charitable organization, church, or other not-for-profit organization. The dry cleaning institution shall obtain a detailed written receipt specifically describing each item donated to the bona fide charitable organization, church, or not-for-profit organization. The dry cleaning institution shall attach such receipt to each such consumer receipt and shall keep such receipts for a period of at least three years following the donation for purposes of demonstrating compliance with the requirements of this section.
3. The six month period shall commence from the date indicated upon the receipt that the consumer is due to retrieve his or her items. In the event that such date is not indicated upon the receipt, the six month period shall commence two weeks from the date the consumer brought his or her items to the retail dry cleaning institution.
4. Nothing in this section shall be construed to prohibit a retail dry cleaning institution from adopting a written policy which provides for a longer period of time before such a donation may be made.
5. The provisions of this section shall not apply to those items brought to a retail dry cleaning institution for the purposes of storing such items.
