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File #: 13345   
Type: Agenda Item Status: Agenda Ready
File created: 12/6/2023 In control: Board of County Commissioners
On agenda: 1/9/2024 Final action:
Enactment date: Enactment #:
Title: Proposed Ordinance Related to Retail Transactions; Creating Section 18-1 of Hernando County Code Prohibiting Retail Businesses From Refusing to Accept Cash Payments for Goods or Services
Attachments: 1. Proposed Ordinance, 2. Business Impact Estimate, 3. FTA-13-Cashless-Retail-Prohibition, 4. Affidavit of Publication of Legal Ad CLK23-192
Related files: 14128
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Proposed Ordinance Related to Retail Transactions; Creating Section 18-1 of Hernando County Code Prohibiting Retail Businesses From Refusing to Accept Cash Payments for Goods or Services

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BRIEF OVERVIEW
At Commissioner Champion's request, the Board of County Commissioners, during its meeting of November 28, 2023, directed the County Attorney's Office to draft a proposed ordinance that would prohibit retail businesses from operating on a "cashless" basis.

The proposed ordinance creates Section 18-1 of the Hernando County Code. The proposed code section would (1) prohibit a person selling or offering for sale consumer goods or services at retail to refuse to accept cash as payment, (2i) prohibit the posting of signs on the premises stating that cash payment is not accepted, and (3) prohibit charging a higher price to customers who pay by cash than to customers who use another form of payment. The proposed ordinance also establishes the definition of cash as United States coins and currency, allows for an establishment to refuse the acceptance of cash in denominations larger than twenty-dollar bills, and provides for penalties in accordance with Hernando County Code Chapter 2, Article III for non-compliance. If enacted, the proposed ordinance will apply countywide, unless the City of Brooksville enacts an ordinance in conflict with the proposed ordinance, in which case the proposed ordinance will apply to the unincorporated areas only.

The proposed ordinance will serve to ensure equal access to in-person retail services by the public. It will allow customers without bank cards and with privacy concerns to access necessary retail services and it will not deny access to those who prefer to use and to accept other methods of payments. It further prevents customers paying by cash from being penalized by the imposition of a higher price. Persons engaged in retail transactions will continue to have the discretion to limit or to refuse to accept highe...

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