Senate Bill S5371

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

                                  5371

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  mandating  the  installation of security cameras in cabaret establish-
  ments

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

  Section  1.  Short  title. This act shall be known and may be cited as
"Imette's Law".
  S 2.  The alcoholic beverage control law is amended by  adding  a  new
section 64-e to read as follows:
  S 64-E. INSTALLATION OF SECURITY CAMERAS IN CABARET ESTABLISHMENTS. 1.
NO  ONE SHALL OPERATE A CABARET LICENSED PURSUANT TO THIS SECTION UNLESS
ALL ENTRANCES AND EXITS USED BY PATRONS ARE EQUIPPED WITH DIGITAL  VIDEO
SURVEILLANCE  CAMERAS,  PROVIDED,  HOWEVER,  THAT THIS SECTION SHALL NOT
APPLY TO AN ESTABLISHMENT THAT OPERATES PRIMARILY AS  A  RESTAURANT,  AS
DEFINED  BY  SECTION  SIXTY-FOUR-C  OF THIS ARTICLE, DURING ALL HOURS OF
OPERATION.
  2. DIGITAL VIDEO SURVEILLANCE SYSTEMS SHALL COMPLY WITH THE  FOLLOWING
PROVISIONS AND WITH THE RULES OF THE AUTHORITY:
  (A)  THE  VIDEO  SURVEILLANCE  CAMERAS  SHALL BE DIGITAL IN NATURE AND
SHALL BE OF SUFFICIENT NUMBER, TYPE, PLACEMENT AND LOCATION TO VIEW  AND
RECORD  ALL  ACTIVITY IN FRONT OF AND WITHIN FIFTEEN FEET OF EITHER SIDE
OF EACH ENTRANCE OR EXIT;
  (B) THE VIDEO SURVEILLANCE CAMERAS SHALL BE SUFFICIENTLY LIGHT  SENSI-
TIVE  AND  PROVIDE  SUFFICIENT IMAGE RESOLUTION (SUPPORTED BY ADDITIONAL
LIGHTING IF NECESSARY) TO PRODUCE EASILY DISCERNIBLE IMAGES RECORDED  AT
ALL TIMES;
  (C)  THE VIDEO SURVEILLANCE CAMERAS SHALL RECORD AT A MINIMUM SPEED OF
FIFTEEN FRAMES PER SECOND;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03405-01-9
              

S. 5371                             2

  (D) THE VIDEO SURVEILLANCE CAMERA IMAGES SHALL  BE  CAPABLE  OF  BEING
VIEWED  THROUGH USE OF APPROPRIATE TECHNOLOGY, INCLUDING BUT NOT LIMITED
TO A COMPUTER SCREEN OR CLOSED CIRCUIT TELEVISION MONITOR;
  (E)  THE  VIDEO  SURVEILLANCE CAMERA SYSTEM SHALL BE CAPABLE OF TRANS-
FERRING THE RECORDED IMAGES TO A PORTABLE FORM OF MEDIA,  INCLUDING  BUT
NOT LIMITED TO COMPACT DISC OR DIGITAL VIDEO DISC;
  (F) THE VIDEO SURVEILLANCE CAMERAS SHALL NOT HAVE AN AUDIO CAPABILITY;
  (G) THE VIDEO SURVEILLANCE CAMERAS SHALL BE MAINTAINED IN GOOD WORKING
CONDITION;
  (H)  EXCEPT  AS  OTHERWISE  PROVIDED  BY  RULE, THE VIDEO SURVEILLANCE
CAMERAS SHALL BE IN OPERATION  AND  RECORDING  CONTINUOUSLY  DURING  ALL
HOURS  OF  OPERATION  OF THE CABARET AND FOR TWO HOURS AFTER THE CABARET
CLOSES;
  (I) THE RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
MAINTAINED  PURSUANT TO THIS SECTION SHALL BE INDEXED BY DATES AND TIMES
AND PRESERVED FOR A MINIMUM OF THIRTY DAYS SO  THAT  THEY  MAY  BE  MADE
AVAILABLE  TO  THE AUTHORITY, THE POLICE DEPARTMENT AND OTHER GOVERNMENT
AGENCIES ACTING IN FURTHERANCE OF A CRIMINAL INVESTIGATION OR A CIVIL OR
ADMINISTRATIVE LAW ENFORCEMENT PURPOSE;
  (J) ALL RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
MAINTAINED  PURSUANT  TO  THIS  SECTION  WHILE  IN THE POSSESSION OF THE
CABARET SHALL BE STORED IN A LOCKED RECEPTACLE LOCATED IN  A  CONTROLLED
ACCESS  AREA,  TO  WHICH ONLY AUTHORIZED PERSONNEL HAVE ACCESS, OR SHALL
OTHERWISE BE SECURED SO THAT ONLY AUTHORIZED PERSONNEL MAY  ACCESS  SUCH
VIDEO   RECORDINGS.  ALL  PERSONNEL  AUTHORIZED  TO  ACCESS  SUCH  VIDEO
RECORDINGS MUST CERTIFY IN WRITING THAT THEY HAVE BEEN INFORMED  ON  THE
APPROPRIATE  USE  AND  RETENTION  OF  RECORDINGS  AS  SET  FORTH IN THIS
SECTION, AND ON THE LEGAL ISSUES ASSOCIATED WITH VIDEO SURVEILLANCE  AND
THE USE AND RETENTION OF RECORDINGS. THE CABARET SHALL KEEP A LOG OF ALL
INSTANCES  OF  REQUESTS  FOR  ACCESS  TO,  AND DISSEMINATION AND USE OF,
RECORDED MATERIALS MADE BY  VIDEO  SURVEILLANCE  CAMERAS  INSTALLED  AND
MAINTAINED  PURSUANT  TO  THIS  SECTION. COPIES OF THE CERTIFICATIONS BY
AUTHORIZED EMPLOYEES AND OF THE ACCESS LOG  SHALL  BE  PROVIDED  TO  THE
AUTHORITY IN ACCORDANCE WITH ITS RULES;
  (K)  THE USE OR DISSEMINATION OF RECORDINGS MADE BY VIDEO SURVEILLANCE
CAMERAS INSTALLED AND MAINTAINED PURSUANT TO THIS SECTION  IN  VIOLATION
OF  THE  PENAL LAW OR SECTION FIFTY OF THE CIVIL RIGHTS LAW SHALL RESULT
IN SUSPENSION OR REVOCATION OF A LICENSE AND A FINE  OF  NOT  LESS  THAN
FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS; AND
  (L) THE CABARET SHALL POST SIGNAGE AT APPROPRIATE LOCATIONS, AS DETER-
MINED BY RULE OF THE AUTHORITY, TO NOTIFY THE PUBLIC OF ITS USE OF VIDEO
SURVEILLANCE EQUIPMENT AND THE LOCATIONS OF VIDEO SURVEILLANCE EQUIPMENT
SO THAT THE PUBLIC HAS SUFFICIENT WARNING THAT SURVEILLANCE IS IN OPERA-
TION.
  3. EACH PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT,
OR  ENSURE  THE  SUBMISSION  OF, A REPORT TO THE AUTHORITY WITHIN THIRTY
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF A  NEW
CABARET WITHIN THIRTY DAYS AFTER THE ESTABLISHMENT OF SUCH CABARET. SUCH
REPORT  SHALL  CERTIFY  THAT  THE  CABARET  IS  IN  COMPLIANCE WITH THIS
SECTION. REPORTS FILED PURSUANT TO THIS SUBDIVISION SHALL  BE  SUBMITTED
IN  SUCH  FORM  AND  MANNER  AND CONTAINING SUCH INFORMATION AS SHALL BE
PROVIDED BY RULE OF THE AUTHORITY.
  4. THE AUTHORITY SHALL CONDUCT PERIODIC INSPECTIONS  OF  LICENSEES  TO
ENSURE  COMPLIANCE WITH THE USE AND RETENTION POLICIES SET FORTH IN THIS
SECTION.

S. 5371                             3

  S 3. Rules and regulations. The chairman of the state liquor authority
is hereby authorized and directed to promulgate  rules  and  regulations
necessary  for the implementation of this act on or before the effective
date of this act.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.