NY State Senate Bill 2009-S5758

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cities
Jun 03, 2009	referred to cities

2009-S5758 (ACTIVE) - Details

See Assembly Version of this Bill:: A8683
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §10-168, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3941, A1915
2013-2014: S2807, A2302

2009-S5758 (ACTIVE) - Summary

Requires the regulation of certain events promoted and open to minors; provides a permit process for events open to 50 of more persons; requires filing and approval of a security plan with local police; prohibits operation of such events except on weekends prior to 1:00 am.

2009-S5758 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5758

 TITLE OF BILL :
An act to amend the administrative code of the city of New York, in
relation to regulation of certain events promoted and open to minors


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to regulate events promoted to minors
under the age of eighteen by enforcing organizers and promoters to
obtain a permit from the commissioner of the NY police Department.
This permit shall ensure capacity adherence, sufficient security and
the absence of alcohol.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends the administrative code of the city of New York by adding a new
section 10-168. Requires the sponsor, promoter or organizer of an
event open to persons under the age of 18, for which a fee is charged
and at which the primary purpose of the person conducting or operating
the event is for patrons to dance to obtain a permit from the local
police department.  Obtaining such permit will be reliant on a
detailed security plan being provided and approved. Such security plan
most ensure that no alcohol will be sold, provide sufficient security
personnel, and outline weapon detections measures.

 JUSTIFICATION :

On January 18, 2009 in the Bedford Stuyvesant community tragedy struck
at approximately 3:30 am in the morning when a gunman killed Nyasia
pryear-Yard, a 17-year old honor student at Nazareth Regional High
School in Brooklyn, inside a dance party targeting teenagers. There
apparently were no metal detectors, and 500 teenagers were present at
a venue with a 200 person maximum capacity.  Published reports
indicate that the shooting may have resulted from a dispute between
local Crip and Blood gang members.

The circumstances surrounding the murder of Ms. Pryear-Yard highlight
the unfortunate reality that these teenage dance parties have been
allowed to exist as unregulated death traps that invite tragedies such
as the one that occurred on January 18. These parties should not be
allowed to take place absent strict regulation that creates a safe,
non-alcoholic environment for young men and women.

The legislation will require that teen dance parties and clubs close
by 1 a.m., and only be permitted to operate on weekends or prior to an
official state holiday. The bill will also mandate that attendees
furnish valid student identification in order to gain entry.

In addition, the bill will require that event promoters provide the
local police precinct or station house with a written, detailed
security plan at least seven days in advance of the party, to ensure
the safety of the attendees. The written security plan must be
approved by the police department before the event can occur, in order
to increase the likelihood that adequate precautions, such as
adherence to capacity restrictions, sufficient security guards and
weapon detection measures are taken.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after becoming law.

2009-S5758 (ACTIVE) - Bill Text download pdf

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

    S. 5758                                                  A. 8683

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 3, 2009
                               ___________

IN SENATE -- Introduced by Sen. ADAMS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities

IN ASSEMBLY -- Introduced by M. of A. JEFFRIES, CAMARA, SPANO, ROBINSON,
  KOLB,  ALFANO, SCHIMEL, ERRIGO -- Multi-Sponsored by -- M. of A. REIL-
  LY, WALKER, WEISENBERG -- read once and referred to the  Committee  on
  Economic Development, Job Creation, Commerce and Industry

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to regulation of certain events promoted and open to minors

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

  Section 1. This act shall be known and may be cited as "Nyasia's Law".
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 10-168 to read as follows:
  S 10-168 REGULATION OF EVENTS PROMOTED TO PERSONS  UNDER  THE  AGE  OF
EIGHTEEN YEARS AT CERTAIN PUBLIC VENUES. NO PERSON, FIRM, CORPORATION OR
OTHER  ENTITY  SHALL ORGANIZE, SPONSOR OR OPERATE ANY EVENT OR ACTIVITY,
AS FURTHER DEFINED IN THIS SECTION, WHICH SHALL BE PROMOTED AND/OR  OPEN
TO  PERSONS  UNDER  THE  AGE  OF  EIGHTEEN,  EXCEPT  AS PROVIDED IN THIS
SECTION.
  A. THE SPONSOR, PROMOTER OR ORGANIZER OF  AN  EVENT  SUBJECT  TO  THIS
SECTION  SHALL OBTAIN A PERMIT FROM THE POLICE COMMISSIONER. APPLICATION
FOR SUCH PERMIT SHALL BE MADE IN WRITING TO THE LOCAL POLICE  DEPARTMENT
AT  LEAST  THIRTY  DAYS  PRIOR  TO  SUCH  EVENT,  UPON  A  SUITABLE FORM
PRESCRIBED AND FURNISHED BY THE COMMISSIONER.   APPROVAL  OR  DENIAL  OF
SUCH  PERMIT  SHALL  BE MADE AT LEAST TEN DAYS PRIOR TO SUCH EVENT. SUCH
APPLICATION SHALL INCLUDE ANY  INFORMATION  AS  THE  COMMISSIONER  SHALL
REQUIRE.
  B.  THE  SPONSOR, PROMOTER OR ORGANIZER SHALL FILE A DETAILED SECURITY
PLAN WITH THE PERMIT APPLICATION. SUCH PLAN SHALL  ENSURE  ADHERENCE  TO
CAPACITY  RESTRICTIONS OF THE VENUE, PROVIDE SUFFICIENT SECURITY PERSON-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09148-04-9

S. 5758                             2                            A. 8683

NEL, ENSURE THAT NO ALCOHOL WILL BE SOLD OR  DISTRIBUTED,  REQUIRE  THAT
ATTENDEES PROVIDE IDENTIFICATION PRIOR TO ENTERING THE VENUE AND OUTLINE
WEAPONS  DETECTION  MEASURES  THAT  WILL  BE  TAKEN.  SUCH PLAN SHALL BE
APPROVED  BY THE POLICE COMMISSIONER OR HIS OR HER DESIGNEE IN THE LOCAL
POLICE DEPARTMENT.
  C. AN EVENT OR ACTIVITY SUBJECT TO THIS SECTION MAY ONLY BE HELD ON  A
WEEKEND  OR  ON ANY DATE WHICH IS IMMEDIATELY PRIOR TO AN OFFICIAL STATE
HOLIDAY. NO SUCH EVENT SHALL BE PERMITTED TO OPERATE AFTER 1:00 AM.
  D. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY EVENT OR ACTIVITY
WHICH IS OPEN TO PERSONS UNDER THE AGE OF EIGHTEEN YEARS,  FOR  WHICH  A
FEE  IS  CHARGED, WHERE THE CAPACITY OF THE VENUE EXCEEDS FIFTY PERSONS,
WHICH IS HELD IN A VENUE HOLDING A CABARET OR PUBLIC DANCE HALL  LICENSE
AS  REQUIRED UNDER SECTION 20-360 OF THIS CODE, AND AT WHICH THE PRIMARY
PURPOSE OF THE PERSON CONDUCTING OR OPERATING THE EVENT IS  FOR  PATRONS
TO DANCE AS THAT TERM IS COMMONLY DEFINED.
  E.  ANY PERSON WHO SHALL VIOLATE OR FAIL TO COMPLY WITH THE PROVISIONS
OF THIS SECTION SHALL BE GUILTY OF  A  VIOLATION  AND,  UPON  CONVICTION
THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS
FOR  A  FIRST VIOLATION, TEN THOUSAND DOLLARS FOR A SECOND VIOLATION AND
TWENTY-FIVE THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S5758

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

2009-S5758 (ACTIVE) - Details

2009-S5758 (ACTIVE) - Summary

2009-S5758 (ACTIVE) - Sponsor Memo

2009-S5758 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5758

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Cities Committee

2009-S5758 (ACTIVE) - Details

2009-S5758 (ACTIVE) - Summary

2009-S5758 (ACTIVE) - Sponsor Memo

2009-S5758 (ACTIVE) - Bill Text download pdf

Comments