LOCAL LAW NO. ___ 2026
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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.
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BE IT ENACTED, by the City Council of the City of Yonkers, as follows:
Section 1. Recitals
To prohibit any Retail Entity 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 discounts, specials or market pricing for goods or products traditionally set by market conditions, such as seafood.
Section 2. Amendments
Chapter 31 of the Code of the City of Yonkers, more commonly known as
The Consumer Protection Code of the City of Yonkers, is hereby amended, as follows:
Chapter 31: Consumer Protection
Article III: General Provisions
§ 31-31 Pricing
A. Sale at price greater than price displayed.
No person shall sell an article at a greater price than the price displayed or advertised for the article, and the price must be clearly stamped, tagged or labeled on each article to be sold.
B. Dynamic Pricing
1. Definition. As used in this section, unless the context otherwise indicates, the following term has the following meaning.
A. "Dynamic pricing" means 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. "Dynamic pricing" does not include a price that deviates from a standard price for a reason other than demand, the weather, consumer data or other similar factors including an artificial intelligence-enabled pricing adjustment and also 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.
2. 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.
3. A violation of this section is a violation of the Yonkers Consumer Protection Code and a Class II Offense.
Section 3. Effective Date and Term
This Local Law shall take effect immediately in accordance with law, subject to the requirements of Section C4-6.C of Article IV of the Charter of the City of Yonkers, entitled Adoption of Legislation, and the City Clerk is directed to cause the publication of this ordinance in accordance with requirements stated in said section.