S T A T E O F N E W Y O R K
________________________________________________________________________
1058
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. ORTIZ, ARROYO, P. RIVERA -- Multi-Sponsored by --
M. of A. COLTON, MAYERSOHN -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to crim-
inal history information for persons employed as bouncers at all
retail establishments for on-premises consumption and in relation to
the licensure and training of 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-a to read as follows:
6-A. "BOUNCER" SHALL MEAN A PERSON EMPLOYED BY AN ON-PREMISES RETAIL
LICENSEE WHERE THE BASIS FOR SUCH PERSON'S EMPLOYMENT IS TO GENERALLY
KEEP THE PEACE WITHIN SUCH LICENSEE'S ON-PREMISES RETAIL ESTABLISHMENT.
9-A. "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.
S 2. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 18 to read as follows:
18.(A) ALL RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION THAT EMPLOY
ONE OR MORE BOUNCERS, AS DEFINED IN SUBDIVISION SIX-A OF SECTION THREE
OF THIS CHAPTER, SHALL 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 ACCORDING TO THE PROVISIONS OF THIS SUBDIVISION.
(B) TO THE EXTENT PERMITTED BY LAW, THE LICENSEE OF AN ON-PREMISES
CONSUMPTION RETAIL ESTABLISHMENT SHALL 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03645-01-1
A. 1058 2
INFORMATION ON PRIOR CRIMINAL CONVICTION FROM A PROSPECTIVE BOUNCER,
SUCH LICENSEE SHALL:
(1) 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;
(2) 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;
(3) 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.
(C) UPON RECEIVING SUCH WRITTEN CONSENT, SUCH LICENSEE SHALL OBTAIN
THE FINGERPRINTS OF SUCH PROSPECTIVE BOUNCER IN SUCH FORM AND MANNER AS
SHALL BE SPECIFIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
(D) 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.
(E) 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.
(F) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER 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.
(G) 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.
(H) SUCH LICENSEE, OR HIS OR HER DESIGNEE, SHALL UPON RECEIPT IMME-
DIATELY MARK SUCH CRIMINAL HISTORY INFORMATION "CONFIDENTIAL", AND SHALL
AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMATION IN A SECURE
PLACE. CRIMINAL HISTORY INFORMATION RECEIVED PURSUANT TO THIS SUBDIVI-
SION 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 PURSU-
ANT TO THIS SUBDIVISION TO PERSONS NOT PERMITTED BY THIS SUBDIVISION TO
RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDEMEANOR. ANY UNAUTHOR-
IZED DISCLOSURE OF FINGERPRINTS OR CRIMINAL HISTORY INFORMATION OBTAINED
PURSUANT TO THIS SUBDIVISION 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 ATTORNEY'S FEES.
(I) CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO THIS SUBDIVISION SHALL BE FURNISHED ONLY BY
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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.
(J) FINGERPRINTS AND CRIMINAL JUSTICE 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.
(K) THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SUBDIVISION, WHICH SHALL INCLUDE CONVENIENT PROCE-
DURES 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 15 and 16 to read as follows:
15. THE STATE LIQUOR AUTHORITY SHALL PREPARE AND DISSEMINATE INFORMA-
TION TO ADVISE LICENSEES OF ON-PREMISES CONSUMPTION RETAIL ESTABLISH-
MENTS OF THE REQUIREMENT TO OBTAIN THE CRIMINAL HISTORY INFORMATION OF A
PROSPECTIVE BOUNCER PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION ONE
HUNDRED SIX OF THIS CHAPTER. SUCH INFORMATION SHALL ALSO INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING:
(A) THE STEPS NECESSARY TO PERFORM THE CRIMINAL HISTORY INFORMATION
CHECK, INCLUDING INFORMATION ON FORM AVAILABILITY, AND FINGERPRINTING;
(B) APPLICABLE CONFIDENTIALITY REQUIREMENTS;
(C) THE REQUIREMENTS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
RELATED TO THE PERMISSIVE USE OF CRIMINAL HISTORY INFORMATION IN HIRING
DECISIONS; AND
(D) 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, PHONE NUMBERS,
ADDRESSES AND A DESCRIPTION OF THE CONTENT AND POTENTIAL USES OF SUCH
RECORDS.
16. THE STATE LIQUOR AUTHORITY SHALL REQUIRE ALL PROSPECTIVE BOUNCERS
TO TAKE A TRAINING COURSE PRIOR TO ANY EMPLOYMENT AS A BOUNCER. SUCH
TRAINING COURSE SHALL INCLUDE IDENTIFICATION PROCEDURES, CIVIL LIABIL-
ITIES AND POTENTIAL CRIMINAL LIABILITIES FACED BY THE EMPLOYING ESTAB-
LISHMENT AND THE BOUNCER FOR ABUSIVE, NEGLIGENT, AND CRIMINAL BEHAVIOR,
LAW ENFORCEMENT CONTACTS, AND ANY OTHER TOPIC THE STATE LIQUOR AUTHORITY
MAY DEEM NECESSARY.
S 4. The alcoholic beverage control law is amended by adding a new
article 3 to read as follows:
ARTICLE 3
BOUNCERS
SECTION 30. BOUNCERS; LICENSURE.
31. BOUNCERS; TRAINING.
S 30. BOUNCERS; LICENSURE. 1. ON AND AFTER SIX MONTHS AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE, ONLY A PERSON LICENSED PURSUANT TO THIS ARTI-
CLE SHALL BE EMPLOYED AS A BOUNCER.
2. TO QUALIFY FOR A LICENSE AS A BOUNCER, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE AUTHORITY;
(B) FINGERPRINTS: SUBMIT A SET OF FINGERPRINTS TO THE AUTHORITY IN
ORDER TO OBTAIN CRIMINAL HISTORY INFORMATION;
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(C) CRIMINAL HISTORY: SUBMIT A LIST OF ALL CRIMINAL CONVICTIONS OF THE
APPLICANT;
(D) TRAINING: COMPLETE THE TRAINING REQUIREMENTS SET FORTH IN SECTION
THIRTY-ONE OF THIS ARTICLE; AND
(E) FEE: PAY AN APPLICATION FEE OF FIFTY DOLLARS. FEES COLLECTED
PURSUANT TO THIS PARAGRAPH SHALL BE USED TO FUND THE TRAINING PROGRAM
ESTABLISHED BY SECTION THIRTY-ONE OF THIS ARTICLE.
3. THE AUTHORITY SHALL ISSUE LICENSES TO QUALIFIED APPLICANTS FOR
EMPLOYMENT AS A BOUNCER. SUCH LICENSE SHALL BE OF SUCH A SIZE AS TO
ENABLE EMPLOYED BOUNCERS TO CARRY SUCH LICENSE AT ALL TIMES WHEN
EMPLOYED.
4. UNLESS A DETERMINATION IS MADE PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION THAT AN APPLICANT IS OTHERWISE ELIGIBLE FOR A LICENSE, NO APPLI-
CANT WITH A CRIMINAL CONVICTION SHALL BE ELIGIBLE FOR A LICENSE. THE
DURATION OF TIME FOR WHICH SUCH APPLICANT SHALL BE INELIGIBLE FOR A
LICENSE SHALL BE NO SHORTER THAN THE LENGTH OF THE SENTENCE IMPOSED UPON
SUCH APPLICANT AS A RESULT OF SUCH CRIMINAL CONVICTION. AN APPLICANT
WITH MORE THAN ONE CRIMINAL CONVICTION SHALL BE INELIGIBLE FOR A DURA-
TION OF TIME NO SHORTER THAN THE LONGEST SENTENCE IMPOSED.
5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
UPON CONSIDERATION OF THE CRITERIA SET FORTH IN THIS SUBDIVISION, THE
AUTHORITY MAY ISSUE A LICENSE TO AN APPLICANT WITH ONE OR MORE CRIMINAL
CONVICTIONS IF THE AUTHORITY DEEMS THE ISSUANCE OF SUCH LICENSE APPRO-
PRIATE. CRITERIA TO BE CONSIDERED BY THE DEPARTMENT ARE:
(A) THE NATURE AND SERIOUSNESS OF THE CRIMINAL CONVICTION;
(B) THE LENGTH OF TIME THAT HAS ELAPSED SINCE THE APPLICANT COMPLETED
SERVING THE SENTENCE FOR SUCH CONVICTION;
(C) THE BEST INTEREST OF THE PUBLIC;
(D) THE RELATIONSHIP BETWEEN THE CRIMINAL CONVICTION AND ITS RELEVANCE
TO EMPLOYMENT AS A BOUNCER;
(E) THE APPLICANT'S AGE WHEN THE CRIMINAL CONVICTION OCCURRED;
(F) THE CONDUCT OF SUCH PERSON BEFORE AND AFTER THE CRIMINAL
CONVICTION;
(G) EVIDENCE THAT THE APPLICANT HAS BEEN REHABILITATED; AND
(H) ANY OTHER CRITERIA THE AUTHORITY DEEMS RELEVANT.
6. LAW ENFORCEMENT OFFICERS THROUGHOUT THE STATE ARE HEREBY AUTHORIZED
TO ENFORCE THE PROVISIONS OF THIS ARTICLE. IN PROVIDING SUCH ENFORCEMENT
SUCH OFFICERS MAY REQUEST ANY BOUNCER TO PRODUCE HIS OR HER LICENSE
ISSUED PURSUANT TO THIS ARTICLE. ANY BOUNCER WHO FAILS TO PRODUCE SUCH
LICENSE WHEN REQUESTED SHALL BE SUBJECT TO A FINE OF NO MORE THAN THIR-
TY-FIVE HUNDRED DOLLARS, TERM OF IMPRISONMENT NOT EXCEEDING ONE YEAR, OR
BOTH SUCH FINE AND IMPRISONMENT.
S 31. BOUNCERS; TRAINING. AN APPLICANT FOR A LICENSE ISSUED PURSUANT
TO THIS ARTICLE SHALL COMPLETE THE TRAINING SET FORTH IN THIS SECTION.
SUCH TRAINING SHALL BE PROVIDED BY AUTHORIZED AGENCIES OF THE AUTHORITY,
AND SHALL EMPHASIZE AND CONSIST OF:
1. AN UNDERSTANDING OF THE DUTIES AND RESPONSIBILITIES OF A DOOR
SUPERVISOR;
2. AN AWARENESS OF APPLICABLE LAWS, RULES AND REGULATIONS;
3. AN UNDERSTANDING OF USING AGREED UPON CRITERIA FOR ALLOWING ENTRY
TO A PREMISES;
4. AN UNDERSTANDING OF PROCEDURES, INCLUDING, BUT NOT LIMITED TO NON-
VIOLENT RESTRAINT, USED FOR THE MONITORING AND SUPERVISION OF PERSONS
WITHIN THE PREMISES AND THE RISKS ASSOCIATED WITH SUCH PROCEDURES;
5. AN APPRECIATION OF THE INCREASED RISKS ASSOCIATED WITH ALCOHOL AND
SUBSTANCE ABUSE;
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6. INSIGHT INTO INTERVENTION AND CROWD CONTROL;
7. AN UNDERSTANDING OF RECOMMENDED RESPONSES TO EMERGENCIES, ACCIDENTS
AND INJURIES; AND
8. BASIC FIRST AID.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.