S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1740

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens.  STAVISKY,  ADAMS, DIAZ, HUNTLEY, KRUEGER, PARKER,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Investigations and Government Operations

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 9 of section 292  of  the  executive  law,  as
amended  by  chapter  262  of  the  laws  of 1994, is amended to read as
follows:
  9. The term "place of public accommodation, resort or amusement" shall
include, except as hereinafter specified, all  places  included  in  the
meaning  of  such  terms as: inns, taverns, road houses, hotels, motels,
whether conducted for the entertainment of transient guests or  for  the
accommodation  of  those  seeking health, recreation or rest, or restau-
rants, or eating houses, or any place where food is sold for consumption
on the premises; buffets, saloons,  barrooms,  or  any  store,  park  or
enclosure  where spirituous or malt liquors are sold; ice cream parlors,
confectionaries, soda fountains, and all stores where ice cream, ice and
fruit preparations or their derivatives, or where beverages of any  kind
are  retailed  for  consumption  on  the  premises; wholesale and retail
stores and establishments dealing with goods or services  of  any  kind,
dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries
and  all  other  cleaning  establishments, barber shops, beauty parlors,
theatres, motion picture houses, airdromes, roof gardens,  music  halls,
race  courses,  skating  rinks,  amusement and recreation parks, trailer
camps, resort camps, fairs, bowling alleys,  golf  courses,  gymnasiums,
shooting  galleries,  billiard  and  pool  parlors;  garages, all public
conveyances operated on land or water or in the  air,  as  well  as  the
stations  and terminals thereof; travel or tour advisory services, agen-
cies or bureaus; public halls and  public  elevators  of  buildings  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04420-01-9
              

S. 1740                             2

structures  occupied  by two or more tenants, or by the owner and one or
more tenants; INSTITUTIONS, CLUBS OR PLACES OF ACCOMMODATION  WHICH  ARE
LICENSED  BY  THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, OR ARE THE
RECIPIENTS OF ANY FORM OF ABATEMENT OR EXEMPTION FROM TAXES, IN WHOLE OR
IN PART, FROM THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.  Such term
shall not include public libraries, kindergartens, primary and secondary
schools,  high  schools, academies, colleges and universities, extension
courses, and all educational institutions under the supervision  of  the
regents of the state of New York; any such public library, kindergarten,
primary and secondary school, academy, college, university, professional
school, extension course or other education facility, supported in whole
or in part by public funds or by contributions solicited from the gener-
al  public;  or  any  institution,  club or place of accommodation which
proves that it is in its nature distinctly private. In no event shall an
institution, club or place of accommodation be considered in its  nature
distinctly  private  if  it  has more than one hundred members, provides
regular meal service and regularly receives payment for dues, fees,  use
of space, facilities, services, meals or beverages directly or indirect-
ly  from  or  on  behalf  of a nonmember for the furtherance of trade or
business. An institution, club, or place of accommodation which  is  not
deemed  distinctly private pursuant to this subdivision may nevertheless
apply such selective criteria as it chooses in the use  of  its  facili-
ties,  in evaluating applicants for membership and in the conduct of its
activities, so long as such selective criteria do not constitute discri-
minatory practices under this article or any other provision of law. For
the purposes of this  section,  a  corporation  incorporated  under  the
benevolent  orders  law  or  described  in the benevolent orders law but
formed under any other law of this  state  or  a  religious  corporation
incorporated  under  the education law or the religious corporations law
shall be deemed to be in  its  nature  distinctly  private  AND  IS  NOT
LICENSED  BY  THE  STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND IS NOT
THE RECIPIENT OF ANY FORM OF ABATEMENT OR EXEMPTION FROM TAXES, IN WHOLE
OR IN PART, FROM THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  No institution, club, organization or  place  of  accommodation  which
sponsors or conducts any amateur athletic contest or sparring exhibition
and  advertises  or bills such contest or exhibition as a New York state
championship contest or uses the words "New York state" in its announce-
ments shall be deemed a private exhibition within the  meaning  of  this
section.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.