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Session Laws, 1999
Volume 796, Page 3434   View pdf image
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(G) "CUSTOMER" MEANS AN INDIVIDUAL TO WHOM AN ACCESS DEVICE HAS
BEEN ISSUED FOR PERSONAL, FAMILY, OR HOUSEHOLD USE.

(H) (1) "DEFINED PARKING AREA" MEANS THAT PORTION OF A PARKING
AREA OPEN FOR CUSTOMER PARKING WHICH IS:

(I) CONTIGUOUS TO AN ACCESS AREA WITH RESPECT TO AN
AUTOMATED TELLER MACHINE;

(II) 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

(III) OWNED OR CONTROLLED BY THE OPERATOR OF THE
AUTOMATED TELLER MACHINE OR BY THE PARTY LEASING THE AUTOMATED
TELLER MACHINE SITE TO THE OPERATOR

(2) "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 PARAGRAPH (1) OF THIS SUBSECTION.

(3) "DEFINED PARKING AREA" DOES NOT INCLUDE A PARKING AREA

WHICH IS:

(I) NOT REGULARLY USED FOR PARKING BY USERS OF THE
AUTOMATED TELLER MACHINE WHO ARE CONDUCTING AUTOMATED TELLER
MACHINE TRANSACTIONS DURING THE HOURS OF DARKNESS; OR

(II) PHYSICALLY CLOSED TO ACCESS OR IS MARKED BY
CONSPICUOUS SIGNS INDICATING THAT IT IS CLOSED.

(I) "HOURS OF DARKNESS" MEANS THE PERIOD THAT BEGINS 30 MINUTES
AFTER SUNSET AND ENDS 30 MINUTES BEFORE SUNRISE.

(J) "OPERATOR" MEANS A FINANCIAL INSTITUTION OR OTHER PERSON THAT
OPERATES AN AUTOMATED TELLER MACHINE.

1-402.

(A) (1) (I) THIS SECTION DOES NOT APPLY TO ANY PERSON:

1. WHOSE PRIMARY FUNCTION IS TO PROVIDE FOR THE
EXCHANGE, TRANSFER, OR DISSEMINATION OF ELECTRONIC FUND TRANSFER DATA;
AND

2. THAT IS NOT OTHERWISE AN OPERATOR OR PERSON WHO
CONTROLS AN ACCESS AREA OR DESIGNATED PARKING AREA.

 

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Session Laws, 1999
Volume 796, Page 3434   View pdf image
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