Assembly Bill A9891

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

                                  9891

                          I N  A S S E M B L Y

                             April 20, 2012
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to  requiring  the
  operators of bowling centers to give certain notices to bowlers and to
  grant  immunity  from  civil liability to operators of bowling centers
  from certain lawsuits

  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 the "bowling
center act".
  S 2. The general business law is amended by adding a new section 390-d
to read as follows:
  S 390-D. BOWLING CENTERS. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "BOWLER" MEANS A PERSON IN A BOWLING CENTER  FOR  THE  PURPOSE  OF
RECREATIONAL OR COMPETITIVE BOWLING.
  (B)  "BOWLING  CENTER" MEANS A STRUCTURE THAT HAS AN AREA SPECIFICALLY
DESIGNED TO BE USED BY THE PUBLIC FOR RECREATIONAL OR COMPETITIVE  BOWL-
ING.
  (C) "BOWLING SHOES" MEANS SHOES THAT ARE SPECIFICALLY DESIGNED FOR THE
PURPOSE OF RECREATIONAL OR COMPETITIVE BOWLING.
  (D)  "OPERATOR"  MEANS A PERSON THAT OWNS, MANAGES, CONTROLS, DIRECTS,
OR HAS THE RESPONSIBILITY OF OPERATING A BOWLING CENTER.
  2. NOTICES. AN OPERATOR SHALL POST A CONSPICUOUS NOTICE IN A CONSPICU-
OUS PLACE NEAR EACH ENTRANCE TO AND EXIT  FROM  A  BOWLING  CENTER  THAT
READS AS FOLLOWS:
  "DO  NOT  WEAR  BOWLING  SHOES  OUTSIDE. BOWLING SHOES ARE SPECIALIZED
FOOTWEAR FOR INDOOR USE ONLY. BOWLING SHOES WORN OUTSIDE MAY BE AFFECTED
BY SUBSTANCES OR MATERIALS INCLUDING BUT NOT LIMITED TO SNOW, ICE, RAIN,
MOISTURE, FOOD, OR DEBRIS THAT MAY CAUSE THE PERSON WEARING THE  BOWLING
SHOES  TO  SLIP,  TRIP,  STUMBLE, OR FALL ON THE FLOOR OR ALLEY SURFACES
INSIDE THE BOWLING CENTER. NEW YORK LAW MAKES A BOWLING  CENTER  POSTING
THIS NOTICE IMMUNE FROM LIABILITY FOR SUCH AN INJURY."
  3.  LIABILITY. (A) IF AN OPERATOR POSTS A NOTICE AS REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION, THE OPERATOR IS NOT CIVILLY LIABLE FOR INJU-

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

                                                           LBD15375-01-2

A. 9891                             2

RIES TO A BOWLER RESULTING FROM A SLIP, TRIP, STUMBLE,  OR  FALL  INSIDE
THE  BOWLING  CENTER  SUBSTANTIALLY CAUSED BY A SUBSTANCE OR MATERIAL ON
THE BOWLER'S BOWLING SHOES THAT WAS ACQUIRED OUTSIDE THE BOWLING  CENTER
BEFORE THE BOWLER ENTERED OR REENTERED THE BOWLING CENTER.
  (B) THE PROTECTION FROM LIABILITY UNDER THIS SECTION DOES NOT APPLY IF
THE INJURY RESULTS FROM ACTS OR OMISSIONS AMOUNTING TO WILLFUL OR WANTON
MISCONDUCT  OR  IF  THE  OPERATOR  FAILS  TO  MAINTAIN THE PREMISES IN A
REASONABLY SAFE CONDITION AND THE  CONDITION  SUBSTANTIALLY  CAUSES  THE
INJURY TO THE BOWLER.
  S 3. This act shall take effect immediately.