The reality was courts in NY generally would never enforce a non-compete for a Subway like case. Courts do weigh the "equivalent exchange" and what the non-compete is "protecting". They were more problematic in any other higher paying field.

The first proposed bill bans all non-competes while the second proposed bill basically codifies non-competes are legal only if there's "good-faith" aka equivalent exchange. Which usually means payoff or enormous salary.