N.Y. BNK Law § 374

§ 374. Application of article. 1. The provisions of this article shall\nnot apply when checks, drafts or money orders are cashed, other than by\na licensee, without a consideration or charge; nor when checks, drafts\nor money orders are cashed, other than by a licensee, as an incident to\nthe conduct of any other lawful business where not more than one dollar\nis charged for cashing each check, draft or money order; nor shall the\nprovisions of this article apply to any national bank, federal reserve\nbank, or to any person, partnership, association, corporation or other\norganization doing business under or pursuant to the provisions of this\nchapter, except a licensee under this article.\n 2. The provisions of this article shall apply to the operation of\nelectronic check cashing machines. No person, partnership, association,\ncorporation or other organization required to be licensed under this\narticle shall operate an electronic check cashing machine without being\nduly licensed by the superintendent to engage in such business pursuant\nto this article.\n * 3. Notwithstanding the provisions of subdivisions one and two of\nthis section, no national bank or any person, partnership, association,\ncorporation or other organization doing business under or pursuant to\nthe provisions of this chapter, except a licensee under this article,\nshall conduct the business of cashing checks at a separate location\nwhich is used primarily by any such entity for the purpose of cashing\nchecks, or at a separate location by means of an electronic check\ncashing machine, unless such separate location is not closer than one\nthousand five hundred eighty-four feet (three-tenths of a mile) from an\nexisting licensee; provided however that this restriction shall not\napply to any separate location which was in operation prior to the\neffective date of this subdivision nor shall it apply to any national\nbank or any person, partnership, association, corporation or other\norganization doing business under or pursuant to the provisions of this\nchapter which was engaged in the business of electronic check cashing\nmachines in this state prior to the effective date of this subdivision.\n * NB Repealed August 1, 2027\n 4. Notwithstanding the provisions of article four-A of this chapter\nand any rules or regulations adopted thereunder, a public accommodation\noffice shall be deemed a separate location for purposes of subdivision\nthree of this section if such office is used primarily for the purpose\nof cashing of checks. A public accommodation office, for purposes of\nthis subdivision, shall include, without limitation, both those public\naccommodation offices for which regulatory approval is required and\nthose public accommodation offices for which regulatory approval is not\nrequired. The provisions of this subdivision shall be deemed to apply to\nany similar facility established by a national bank.\n