S T A T E O F N E W Y O R K
________________________________________________________________________
1909
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law and the general busi-
ness law, in relation to criminal history information for persons
employed as bouncers at retail licensed premises for on-premises
consumption and directing the state liquor authority to establish a
certification program for bouncers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding two new subdivisions 6-a and 9-b to read as follows:
6-A. "BOUNCER" SHALL MEAN A PERSON EMPLOYED BY AN ON-PREMISES RETAIL
LICENSEE WHERE THE PRINCIPAL BASIS FOR SUCH PERSON'S EMPLOYMENT IS TO
GENERALLY KEEP THE PEACE UPON THE LICENSED PREMISES OF SUCH LICENSEE, OR
TO SCREEN POTENTIAL CUSTOMERS FOR SUITABLE ATTIRE OR CLOTHING. A BOUNC-
ER SHALL NOT INCLUDE (I) ANY PERSON WHOSE PRINCIPAL DUTIES ARE TO ASSIST
IN COMPLIANCE WITH SECTION SIXTY-FIVE OF THIS CHAPTER BY CHECKING IDEN-
TIFICATION, OR ASSESSING THE STATE OF IMPAIRMENT OF PERSONS ON OR ABOUT
THE LICENSED PREMISES, OR ANY PERSON WHOSE PRINCIPAL DUTIES ARE THE
SERVING OF FOOD AND BEVERAGES TO PATRONS, OR (II) ANY PERSON EMPLOYED AS
A SECURITY GUARD AT A THEATRE, ARENA, STADIUM OR OTHER PLACE WHERE
PUBLIC EXHIBITIONS, GAMES, CONTESTS AND/OR PERFORMANCES ARE HELD,
PROVIDED THAT SUCH PERSON IS A REGISTERED SECURITY GUARD PURSUANT TO
ARTICLE SEVEN-A OF THE GENERAL BUSINESS LAW.
9-B. "CRIMINAL HISTORY INFORMATION" SHALL MEAN A RECORD OF ALL
CONVICTIONS OF CRIMES MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05279-02-3
S. 1909 2
S 2. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 16 to read as follows:
16. (A) ALL RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION LICENSED
PURSUANT TO SECTION SIXTY-FOUR-D OF THIS CHAPTER AND ALL OTHER RETAIL
LICENSEES FOR ON-PREMISES CONSUMPTION WITH A CAPACITY OF TWO HUNDRED
FIFTY PERSONS OR MORE THAT EMPLOY ONE OR MORE BOUNCERS SHALL:
(1) REQUIRE AN APPLICANT FOR EMPLOYMENT AS A BOUNCER TO SUBMIT A SET
OF FINGERPRINTS TO SUCH LICENSEE IN ORDER TO OBTAIN CRIMINAL HISTORY
INFORMATION. SUCH CRIMINAL HISTORY INFORMATION SHALL BE OBTAINED ACCORD-
ING TO THE PROVISIONS OF THIS SUBDIVISION;
(2) TO THE EXTENT PERMITTED BY LAW, REQUEST FROM A PERSON APPLYING FOR
EMPLOYMENT AS A BOUNCER A STATEMENT OF HIS OR HER PRIOR CRIMINAL
CONVICTIONS IN THIS STATE OR ANY OTHER JURISDICTION. PRIOR TO REQUESTING
INFORMATION ON PRIOR CRIMINAL CONVICTION FROM A PROSPECTIVE BOUNCER,
SUCH LICENSEE SHALL:
(A) INFORM THE PROSPECTIVE BOUNCER IN WRITING THAT SUCH LICENSEE IS
REQUIRED TO REQUEST HIS OR HER CRIMINAL HISTORY INFORMATION FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND REVIEW SUCH INFORMATION PURSU-
ANT TO THIS SUBDIVISION;
(B) INFORM THE PROSPECTIVE BOUNCER THAT BEFORE SUCH LICENSEE REQUESTS
SUCH CRIMINAL HISTORY INFORMATION, THE PROSPECTIVE BOUNCER HAS THE RIGHT
TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY
INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES; AND
(C) OBTAIN THE SIGNED INFORMED CONSENT OF THE PROSPECTIVE BOUNCER ON A
FORM SUPPLIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES WHICH INDI-
CATES THAT SUCH PROSPECTIVE BOUNCER HAS:
(I) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
(II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION; AND
(III) CONSENTED TO SUCH REQUEST; AND
(3) UPON RECEIVING WRITTEN CONSENT, OBTAIN THE FINGERPRINTS OF SUCH
PROSPECTIVE BOUNCER IN SUCH FORM AND MANNER AS SHALL BE SPECIFIED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
(B) SUCH LICENSEE MAY DESIGNATE ONE PERSON IN HIS OR HER EMPLOY WHO
SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW SUCH CRIMINAL HISTORY
INFORMATION, AND ONLY SUCH LICENSEE, HIS OR HER DESIGNEE AND THE
PROSPECTIVE BOUNCER TO WHICH THE CRIMINAL HISTORY INFORMATION RELATES
SHALL HAVE ACCESS TO SUCH INFORMATION.
(C) SUCH LICENSEE, OR HIS OR HER DESIGNEE, SHALL PROMPTLY SUBMIT THE
FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER
PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND SHALL
REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION CONCERNING SUCH PROSPEC-
TIVE BOUNCER.
(D) NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, NO
PERSON APPLYING FOR EMPLOYMENT AS A BOUNCER SHALL BE CHARGED A FEE FOR
THE CRIMINAL HISTORY BACKGROUND CHECK REQUIRED BY THIS SUBDIVISION.
(E) SUCH LICENSEE, OR HIS OR HER DESIGNEE, SHALL CONSIDER SUCH CRIMI-
NAL HISTORY INFORMATION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW.
(F) SUCH LICENSEE, OR HIS OR HER DESIGNEE, SHALL, UPON RECEIPT OF ANY
PERSON'S CRIMINAL HISTORY INFORMATION, IMMEDIATELY MARK SUCH CRIMINAL
HISTORY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH
CRIMINAL HISTORY INFORMATION IN A SECURE PLACE. CRIMINAL HISTORY INFOR-
S. 1909 3
MATION RECEIVED PURSUANT TO THIS SUBDIVISION SHALL NOT BE PUBLISHED OR
IN ANY WAY DISCLOSED OR REDISCLOSED TO PERSONS OTHER THAN SUCH LICENSEE,
OR HIS OR HER DESIGNEE, AND THE PROSPECTIVE BOUNCER. ANY PERSON WHO
WILLFULLY RELEASES OR PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL
HISTORY INFORMATION RECEIVED PURSUANT TO THIS SUBDIVISION TO PERSONS NOT
AUTHORIZED BY THIS SUBDIVISION TO RECEIVE SUCH INFORMATION SHALL BE
GUILTY OF A CLASS A MISDEMEANOR. ANY UNAUTHORIZED DISCLOSURE OF FINGER-
PRINTS OR CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO THIS SUBDI-
VISION SHALL ALSO ENTITLE THE SUBJECT OF SUCH FINGERPRINTS OR CRIMINAL
HISTORY INFORMATION TO RECOVER A CIVIL AWARD OF DAMAGES RESULTING FROM
SUCH UNAUTHORIZED DISCLOSURE, TOGETHER WITH COSTS AND REASONABLE ATTOR-
NEY'S FEES.
(G) CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO THIS SUBDIVISION SHALL BE FURNISHED ONLY BY
MAIL OR OTHER METHOD OF SECURE AND CONFIDENTIAL DELIVERY, ADDRESSED TO
THE AUTHORIZED RECIPIENT. SUCH INFORMATION AND THE ENVELOPE IN WHICH IT
IS ENCLOSED, IF ANY, SHALL BE PROMINENTLY MARKED "CONFIDENTIAL", AND
SHALL AT ALL TIMES BE MAINTAINED BY THE RECIPIENT IN A SECURE PLACE.
(H) FINGERPRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING A
PROSPECTIVE BOUNCER SHALL BE RETURNED TO SUCH PROSPECTIVE BOUNCER WITHIN
NINETY DAYS OF RECEIPT UPON A DENIAL OF EMPLOYMENT OR SHALL BE RETURNED
WHEN SUCH PROSPECTIVE BOUNCER LEAVES SUCH EMPLOYMENT.
(I) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE ALL
RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SUBDIVISION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES FOR PROSPECTIVE
BOUNCERS TO PROMPTLY VERIFY THE ACCURACY OF THEIR CRIMINAL HISTORY
INFORMATION AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO
RELEVANT DOCUMENTS RELATED THERETO.
S 3. Section 17 of the alcoholic beverage control law is amended by
adding two new subdivisions 10 and 11 to read as follows:
10. TO PREPARE AND DISSEMINATE INFORMATION TO ADVISE LICENSEES
LICENSED FOR ON-PREMISES CONSUMPTION OF THE REQUIREMENT FOR CERTAIN
LICENSEES TO OBTAIN THE CRIMINAL HISTORY INFORMATION OF A PROSPECTIVE
BOUNCER PURSUANT TO SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED SIX OF
THIS CHAPTER. SUCH INFORMATION SHALL ALSO INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(A) WHICH LICENSEES ARE SUBJECT TO THE CRIMINAL HISTORY INFORMATION
REQUIREMENTS;
(B) THE STEPS NECESSARY TO PERFORM THE CRIMINAL HISTORY INFORMATION
CHECK, INCLUDING INFORMATION ON FORM AVAILABILITY AND FINGERPRINTING;
(C) APPLICABLE CONFIDENTIALITY REQUIREMENTS;
(D) THE REQUIREMENTS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
RELATED TO THE PERMISSIVE USE OF CRIMINAL HISTORY INFORMATION IN HIRING
DECISIONS; AND
(E) OTHER INFORMATION THAT IS AVAILABLE TO PROSPECTIVE EMPLOYERS UPON
THE CONSENT OF A PROSPECTIVE BOUNCER INCLUDING BUT NOT LIMITED TO
DEPARTMENT OF MOTOR VEHICLES RECORDS, EDUCATIONAL RECORDS AND CREDIT
RECORDS, INCLUDING, WHERE RELEVANT AND AVAILABLE, TELEPHONE NUMBERS,
ADDRESSES, AND A DESCRIPTION OF THE CONTENT AND POTENTIAL USES OF SUCH
RECORDS.
11. (A) TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR BOUNCER TRAINING
PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS AND OTHER ENTI-
TIES INCLUDING TRADE ASSOCIATIONS WHOSE MEMBERS ARE ENGAGED IN OR
INVOLVED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE ISSUANCE OF CERTIF-
ICATES OF APPROVAL TO ALL CERTIFIED BOUNCER TRAINING PROGRAMS. CERTIF-
S. 1909 4
ICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAILURE TO ADHERE
TO THE AUTHORITY'S RULES AND REGULATIONS. SUCH RULES AND REGULATIONS
SHALL AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN
OPPORTUNITY FOR A HEARING PRIOR TO ANY DETERMINATION OF WHETHER SUCH
CERTIFICATE SHOULD BE REVOKED.
(B) A FEE IN THE AMOUNT OF NINE HUNDRED DOLLARS SHALL BE PAID TO THE
AUTHORITY WITH EACH APPLICATION FOR A CERTIFICATE OF APPROVAL OR RENEWAL
CERTIFICATE. THE AUTHORITY SHALL PROMPTLY REFUND SUCH FEE TO AN APPLI-
CANT WHOSE APPLICATION IS DENIED. EACH CERTIFICATE OF APPROVAL AND
RENEWAL THEREOF SHALL BE ISSUED FOR A PERIOD OF THREE YEARS. TO EFFECTU-
ATE THE PROVISIONS OF THIS SUBDIVISION, THE AUTHORITY IS EMPOWERED TO
REQUIRE IN CONNECTION WITH AN APPLICATION THE SUBMISSION OF SUCH INFOR-
MATION AS THE AUTHORITY MAY DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS
AND OF ALL REPORTS WHICH IT DEEMS NECESSARY TO BE MADE BY ANY APPLICANT
OR CERTIFICATE HOLDER; TO CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTE-
NANCE OF SUCH BOOKS AND RECORDS AS THE AUTHORITY MAY DIRECT; TO REVOKE,
CANCEL OR SUSPEND FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDI-
VISION. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL LICENSEES AND
EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN APPROVED BOUNCER TRAINING
PROGRAM. SUCH ENTITY SHALL REGULARLY TRANSMIT TO THE AUTHORITY THE
NAMES, ADDRESSES AND DATES OF ATTENDANCE OF ALL THE LICENSEES AND
EMPLOYEES OF LICENSEES WHO SUCCESSFULLY COMPLETE AN APPROVED BOUNCER
TRAINING PROGRAM. SUCH TRANSMITTAL SHALL BE IN A FORM AND MANNER
PRESCRIBED BY THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING THE
MINIMUM REQUIREMENTS FOR THE CURRICULUM OF SUCH TRAINING PROGRAM AND THE
REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIFICATES OF COMPLETION
OR RENEWAL CERTIFICATES. SUCH RULES AND REGULATIONS SHALL INCLUDE THE
FORM OF A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN
RESPECT TO SUCH PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF
ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND THEIR EMPLOYEES
AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES
CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYMENT TO ANOTH-
ER ON-PREMISES LICENSEE. ATTENDANCE AT ANY COURSE ESTABLISHED PURSUANT
TO THIS SUBDIVISION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING METH-
ODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
(C) THE AUTHORITY SHALL REQUIRE ALL BOUNCERS EMPLOYED BY A LICENSEE
FOR ON-PREMISES CONSUMPTION LICENSED PURSUANT TO SECTION SIXTY-FOUR-D OF
THIS CHAPTER AND ALL OTHER RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION
WITH A CAPACITY OF TWO HUNDRED FIFTY PERSONS OR MORE TO OBTAIN A CERTIF-
ICATE OF COMPLETION FROM A BOUNCER TRAINING PROGRAM HOLDING A CERTIF-
ICATE OF APPROVAL WITHIN THIRTY DAYS OF EMPLOYMENT AS A BOUNCER.
S 4. Section 17 of the alcoholic beverage control law is amended by
adding two new subdivisions 15 and 16 to read as follows:
15. TO PREPARE AND DISSEMINATE INFORMATION TO ADVISE LICENSEES
LICENSED FOR ON-PREMISES CONSUMPTION OF THE REQUIREMENT FOR CERTAIN
LICENSEES TO OBTAIN THE CRIMINAL HISTORY INFORMATION OF A PROSPECTIVE
BOUNCER PURSUANT TO SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED SIX OF
THIS CHAPTER. SUCH INFORMATION SHALL ALSO INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(A) WHICH LICENSEES ARE SUBJECT TO THE CRIMINAL HISTORY INFORMATION
REQUIREMENTS;
(B) THE STEPS NECESSARY TO PERFORM THE CRIMINAL HISTORY INFORMATION
CHECK, INCLUDING INFORMATION ON FORM AVAILABILITY AND FINGERPRINTING;
S. 1909 5
(C) APPLICABLE CONFIDENTIALITY REQUIREMENTS;
(D) THE REQUIREMENTS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
RELATED TO THE PERMISSIVE USE OF CRIMINAL HISTORY INFORMATION IN HIRING
DECISIONS; AND
(E) OTHER INFORMATION THAT IS AVAILABLE TO PROSPECTIVE EMPLOYERS UPON
THE CONSENT OF A PROSPECTIVE BOUNCER INCLUDING BUT NOT LIMITED TO
DEPARTMENT OF MOTOR VEHICLES RECORDS, EDUCATIONAL RECORDS AND CREDIT
RECORDS, INCLUDING, WHERE RELEVANT AND AVAILABLE, TELEPHONE NUMBERS,
ADDRESSES, AND A DESCRIPTION OF THE CONTENT AND POTENTIAL USES OF SUCH
RECORDS.
16. (A) TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR BOUNCER TRAINING
PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS AND OTHER ENTI-
TIES INCLUDING TRADE ASSOCIATIONS WHOSE MEMBERS ARE ENGAGED IN OR
INVOLVED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE ISSUANCE OF CERTIF-
ICATES OF APPROVAL TO ALL CERTIFIED BOUNCER TRAINING PROGRAMS. CERTIF-
ICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAILURE TO ADHERE
TO THE AUTHORITY'S RULES AND REGULATIONS. SUCH RULES AND REGULATIONS
SHALL AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN
OPPORTUNITY FOR A HEARING PRIOR TO ANY DETERMINATION OF WHETHER SUCH
CERTIFICATE SHOULD BE REVOKED.
(B) A FEE IN THE AMOUNT OF NINE HUNDRED DOLLARS SHALL BE PAID TO THE
AUTHORITY WITH EACH APPLICATION FOR A CERTIFICATE OF APPROVAL OR RENEWAL
CERTIFICATE. THE AUTHORITY SHALL PROMPTLY REFUND SUCH FEE TO AN APPLI-
CANT WHOSE APPLICATION IS DENIED. EACH CERTIFICATE OF APPROVAL AND
RENEWAL THEREOF SHALL BE ISSUED FOR A PERIOD OF THREE YEARS. TO EFFECTU-
ATE THE PROVISIONS OF THIS SUBDIVISION, THE AUTHORITY IS EMPOWERED TO
REQUIRE IN CONNECTION WITH AN APPLICATION THE SUBMISSION OF SUCH INFOR-
MATION AS THE AUTHORITY MAY DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS
AND OF ALL REPORTS WHICH IT DEEMS NECESSARY TO BE MADE BY ANY APPLICANT
OR CERTIFICATE HOLDER; TO CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTE-
NANCE OF SUCH BOOKS AND RECORDS AS THE AUTHORITY MAY DIRECT; TO REVOKE,
CANCEL OR SUSPEND FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDI-
VISION. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL LICENSEES AND
EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN APPROVED BOUNCER TRAINING
PROGRAM. SUCH ENTITY SHALL REGULARLY TRANSMIT TO THE AUTHORITY THE
NAMES, ADDRESSES AND DATES OF ATTENDANCE OF ALL THE LICENSEES AND
EMPLOYEES OF LICENSEES WHO SUCCESSFULLY COMPLETE AN APPROVED BOUNCER
TRAINING PROGRAM. SUCH TRANSMITTAL SHALL BE IN A FORM AND MANNER
PRESCRIBED BY THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING THE
MINIMUM REQUIREMENTS FOR THE CURRICULUM OF SUCH TRAINING PROGRAM AND THE
REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIFICATES OF COMPLETION
OR RENEWAL CERTIFICATES. SUCH RULES AND REGULATIONS SHALL INCLUDE THE
FORM OF A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN
RESPECT TO SUCH PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF
ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND THEIR EMPLOYEES
AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES
CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYMENT TO ANOTH-
ER ON-PREMISES LICENSEE. ATTENDANCE AT ANY COURSE ESTABLISHED PURSUANT
TO THIS SUBDIVISION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING METH-
ODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
(C) THE AUTHORITY SHALL REQUIRE ALL BOUNCERS EMPLOYED BY A LICENSEE
FOR ON-PREMISES CONSUMPTION LICENSED PURSUANT TO SECTION SIXTY-FOUR-D OF
S. 1909 6
THIS CHAPTER AND ALL OTHER RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION
WITH A CAPACITY OF TWO HUNDRED FIFTY PERSONS OR MORE TO OBTAIN A CERTIF-
ICATE OF COMPLETION FROM A BOUNCER TRAINING PROGRAM HOLDING A CERTIF-
ICATE OF APPROVAL WITHIN THIRTY DAYS OF EMPLOYMENT AS A BOUNCER.
S 5. Subdivision 6 of section 106 of the alcoholic beverage control
law is amended by adding a new closing paragraph to read as follows:
IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF THIS
ARTICLE TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC BEVER-
AGES, IN WHICH PROCEEDING A CHARGE IS SUSTAINED THAT A LICENSEE VIOLATED
THIS SUBDIVISION AND THE LICENSEE HAS NOT HAD ANY ADJUDICATED VIOLATION
OF THIS CHAPTER AT THE LICENSED PREMISES WHERE THE VIOLATION OCCURRED
WITHIN THE PREVIOUS FIVE YEAR PERIOD; AND AT THE TIME OF SUCH VIOLATION
ALL BOUNCERS EMPLOYED AT THE LICENSEE'S PREMISES AND PRESENT AT SUCH
PREMISES WHERE THE VIOLATION OCCURRED HELD A VALID CERTIFICATE OF
COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER A
BOUNCER TRAINING PROGRAM PURSUANT TO SUBDIVISION SIXTEEN OF SECTION
SEVENTEEN OF THIS CHAPTER, THE CIVIL PENALTY RELATED TO SUCH OFFENSE
SHALL BE RECOVERY OF, AS PROVIDED FOR IN SECTION ONE HUNDRED TWELVE OF
THIS ARTICLE, THE PENAL SUM OF THE BOND ON FILE DURING THE PERIOD IN
WHICH THE VIOLATION TOOK PLACE. FOR THE PURPOSES OF THIS SUBDIVISION,
THE FIVE YEAR PERIOD SHALL BE MEASURED FROM THE DATES THAT THE
VIOLATIONS OCCURRED. THIS PROVISION SHALL NOT APPLY TO LICENSEES FOR
ON-PREMISES CONSUMPTION LICENSED PURSUANT TO SECTION SIXTY-FOUR-D OF
THIS CHAPTER AND ALL OTHER RETAIL LICENSES FOR ON-PREMISES CONSUMPTION
WITH A CAPACITY OF TWO HUNDRED FIFTY OR MORE PERSONS.
S 6. Subdivisions 5 and 6 of section 89-f of the general business law,
subdivision 5 as amended by chapter 324 of the laws of 1998 and subdivi-
sion 6 as amended by chapter 634 of the laws of 1994, are amended to
read as follows:
5. "Security guard company" shall mean any person, firm, limited
liability company, corporation, public entity or subsidiary or depart-
ment of such firm, limited liability company, corporation or public
entity employing one or more security guards or being self-employed as a
security guard on either a proprietary basis for its own use or on a
contractual basis for use by another person, firm, limited liability
company, corporation, public entity or subsidiary thereof within the
state. ANY PERSON, FIRM, LIMITED LIABILITY COMPANY, CORPORATION OR
PUBLIC ENTITY LICENSED FOR THE ON-PREMISES CONSUMPTION OF ALCOHOLIC
BEVERAGES SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
6. "Security guard" shall mean a person, other than a police officer,
employed by a security guard company to principally perform one or more
of the following functions within the state:
a. protection of individuals and/or property from harm, theft or other
unlawful activity;
b. deterrence, observation, detection and/or reporting of incidents in
order to prevent any unlawful or unauthorized activity including but not
limited to unlawful or unauthorized intrusion or entry, larceny, vandal-
ism, abuse, arson or trespass on property;
c. street patrol service;
d. response to but not installation or service of a security system
alarm installed and/or used to prevent or detect unauthorized intrusion,
robbery, burglary, theft, pilferage and other losses and/or to maintain
security of a protected premises.
Provided, however, that a security guard who is otherwise subject to
regulation with respect to registration and training by the federal
government in the performance of their duties, or a security guard
S. 1909 7
providing such services on a voluntary basis, shall not be subject to
the provisions of this article. ANY PERSON ACTING AS AN AGENT, WHERE
THE PRINCIPAL BASIS FOR SUCH AGENT'S EMPLOYMENT IS TO SERVE FOOD OR
BEVERAGES OR ASSIST IN COMPLIANCE WITH THE PROVISIONS OF SECTION SIXTY-
FIVE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, OR WHO IS A BOUNCER, AS
DEFINED IN SUBDIVISION SIX-A OF SECTION THREE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, OF A LICENSEE FOR THE ON-PREMISES CONSUMPTION OF ALCOHOLIC
BEVERAGES SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that the amendments to
section 17 of the alcoholic beverage control law, made by section three
of this act, shall not affect the expiration and reversion of such
section, and shall expire therewith, when upon such date the provisions
of section four of this act shall take effect.