CITY OF ALBUQUERQUE
NINETEENTH COUNCIL
COUNCIL BILL NO.
O-10-17 ENACTMENT NO. _____________________
SPONSORED BY: Ken Sanchez
ORDINANCE
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Requiring The Disclosure Of A Surcharge Imposed For The Use Of A Credit Card (Sanchez)
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REQUIRING THE DISCLOSURE OF A SURCHARGE IMPOSED FOR THE USE OF A CREDIT CARD.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The “Disclosure of Credit Card Surcharge Ordinance” is hereby adopted to read as follows:
Section 1. Purpose and Findings. Certain businesses within the City of Albuquerque are charging a higher price for goods and services purchased with credit cards than the price charged for the same goods and services if paid for by other means, normally cash.
The Council finds that such a practice is entirely proper, due to the additional cost to vendors of goods and services who provide for payments with credit cards. The Council further finds that it is improper to impose an additional cost on the use of a credit card, a surcharge, unless there has been disclosure of that charge prior to the use of the credit charge.
Section 2. Definitions. The following definitions shall apply to this ordinance unless a different definition is clearly intended:
“Adequate Notice” means a printed notice clearly and conspicuously located so that a person upon whom a surcharge is to be imposed will have noticed it and understood its meaning. It also means oral notice provided directly to the person against whom a surcharge is to be imposed in a manner such that the person will have understood its meaning.
“Credit Card” means any card, plate, coupon book or other credit device existing for the purpose of obtaining goods or services on credit.
“Person” means a natural person or an organization.
“Merchant” a person engaged in the sale of goods and/or services.
“Surcharge” means any means of increasing the regular price of goods or services to ...
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