S T A T E O F N E W Y O R K
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7126--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 20, 2009
___________
Introduced by M. of A. ORTIZ, PEOPLES-STOKES, CASTRO, GALEF, HOOPER --
Multi-Sponsored by -- M. of A. BARRON -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
-- recommitted to the Committee on Economic Development, Job Creation,
Commerce and Industry in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to establishing a
ten dollar surcharge for customers of sexually oriented businesses;
and to amend the state finance law, in relation to establishing the
crime victims fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-zzz to read as follows:
S 399-ZZZ. SEXUALLY ORIENTED BUSINESS; SURCHARGE. 1. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "NUDE" SHALL MEAN:
(I) ENTIRELY UNCLOTHED; OR
(II) CLOTHED IN A MANNER THAT LEAVES UNCOVERED OR VISIBLE THROUGH LESS
THAN FULLY OPAQUE CLOTHING ANY PORTION OF THE BREASTS BELOW THE TOP OF
THE AREOLA OF THE BREASTS, IF THE PERSON IS FEMALE, OR ANY PORTION OF
THE GENITALS OR BUTTOCKS; AND
B. "SEXUALLY ORIENTED BUSINESS" SHALL MEAN A NIGHTCLUB, BAR, RESTAU-
RANT, OR SIMILAR COMMERCIAL ENTERPRISE THAT PROVIDES FOR AN AUDIENCE OF
TWO OR MORE INDIVIDUALS LIVE NUDE ENTERTAINMENT OR LIVE NUDE PERFORM-
ANCES.
2. A SURCHARGE SHALL BE IMPOSED ON A SEXUALLY ORIENTED BUSINESS IN AN
AMOUNT EQUAL TO TEN DOLLARS FOR EACH ENTRY BY EACH CUSTOMER ADMITTED TO
THE BUSINESS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10451-02-0
A. 7126--A 2
3. EACH SEXUALLY ORIENTED BUSINESS SHALL REMIT THE TOTAL OF FUNDS
COLLECTED FROM THE SURCHARGE ESTABLISHED PURSUANT TO THIS SECTION TO THE
COMMISSIONER OF TAXATION AND FINANCE FOR DEPOSIT INTO THE CRIME VICTIMS
FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-SEVEN OF THE STATE FINANCE
LAW.
S 2. The state finance law is amended by adding a new section 87 to
read as follows:
S 87. CRIME VICTIMS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE "CRIME VICTIMS FUND".
2. SUCH FUND SHALL CONSIST OF THE REVENUES RECEIVED PURSUANT TO
SECTION THREE HUNDRED NINETY-NINE-ZZZ OF THE GENERAL BUSINESS LAW, AND
ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONIES OF THE FUND WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
CRIME VICTIMS BOARD TO FUND PROGRAMS FOR VICTIMS OF CRIME, INCLUDING,
BUT NOT LIMITED TO, VICTIMS OF DOMESTIC VIOLENCE, HATE CRIMES, HUMAN
TRAFFICKING AND CHILD PROSTITUTION.
4. MONEY SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
SIONER OF CORRECTIONAL SERVICES.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.