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Session Laws, 1999
Volume 796, Page 3429   View pdf image
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(2) (i) "Access area" means any paved walkway or sidewalk which is
within 50 feet of an automated teller machine.

(ii) "Access area" does not include any publicly maintained street or
highway or any adjacent sidewalk.

(3) "Access device" has the meaning stated in Federal Reserve Board
Regulation E, 12 C.F.R. Part 205.

(4) (i) "Automated teller machine" means any electronic information
processing device located in this State which accepts or dispenses cash in connection
with a credit, deposit, or convenience account.

(ii) "Automated teller machine" does not include devices used:

1. Solely to facilitate check guarantees or check

authorizations;

2. In connection with the acceptance or dispensing of cash on
a person-to-person basis, including by a store cashier; or

3. For the payment of goods or services.

(5) "Candlefoot power" means the light intensity of candles on a
horizontal plane at 36 inches above ground level and 5 feet in front of the area to be
measured.

(6) "Control" of an access area or defined parking area means to have the
present authority to determine how, when, and by whom such area is to be used,
maintained, lighted, and landscaped.

(7) "Customer" means an individual to whom an access device has been
issued for personal, family, or household use.

(8) (i) "Defined parking area" means that portion of a parking area
open for customer parking which is:

1. Contiguous to an access area with respect to an automated

teller machine;

2. Regularly, principally, and lawfully used for parking by
users of the automated teller machine while conducting automated teller machine
transactions during the hours of darkness; and

3. Owned or controlled by the operator of the automated
teller machine or by the party leasing the automated teller machine site to the
operator.

(ii) "Defined parking area" includes only the single parking level of
a multiple level parking area deemed by the operator of the automated teller machine
to be the most directly accessible to users of the automated teller machine if the
parking area otherwise satisfies the conditions contained in item (i) of this paragraph.

(iii) "Defined parking area" does not include a parking area which:
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Session Laws, 1999
Volume 796, Page 3429   View pdf image
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