Section 396-I. Acceptance of unexpired gift certificates  


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  • 1.  For the
      purposes of this  section,  "gift  certificate"  shall  mean  a  written
      promise  or  electronic  payment  device that: (i) is usable at a single
      merchant or an affiliated group of merchants that share the  same  name,
      mark,  or  logo,  or  is  usable  at multiple, unaffiliated merchants or
      service providers; and (ii) is issued in a specified amount;  and  (iii)
      may  or may not be increased in value or reloaded; and (iv) is purchased
      and/or loaded on a prepaid basis for the future purchase or delivery  of
      any  goods  or  services;  and  (v)  is  honored upon presentation. Gift
      certificate shall not include an electronic payment device linked  to  a
      deposit  account,  or  prepaid  telephone  calling cards regulated under
      section ninety-two-f of the public service law.  Gift  certificate  also
      shall  not  include flexible spending arrangements as defined in Section
      106(c)(2) of the Internal Revenue Code, 26 U.S.C. § 106(c)(2);  flexible
      spending  accounts  subject to Section 125 of the Internal Revenue Code,
      26 U.S.C. § 125; Archer  MSAs  as  defined  in  Section  220(d)  of  the
      Internal  Revenue Code, 26 U.S.C. § 220(d); dependent care reimbursement
      accounts subject to Section 129 of the Internal Revenue Code, 26  U.S.C.