S T A T E O F N E W Y O R K
________________________________________________________________________
3163
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to unlawful discriminato-
ry practices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 292 of the executive law, as
amended by chapter 89 of the laws of 2015, is amended to read as
follows:
9. The term "place of public accommodation, resort or amusement" shall
include, regardless of whether the owner or operator of such place is a
state or local government entity or a private individual or entity,
except as hereinafter specified, all places included in the meaning of
such terms as: inns, taverns, road houses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommo-
dation of those seeking health, recreation or rest, or restaurants, or
eating houses, or any place where food is sold for consumption on the
premises; buffets, saloons, barrooms, or any store, park or enclosure
where spirituous or malt liquors are sold; ice cream parlors, confec-
tionaries, soda fountains, and all stores where ice cream, ice and fruit
preparations or their derivatives, or where beverages of any kind are
retailed for consumption on the premises; wholesale and retail stores
and establishments dealing with goods or services of any kind, dispen-
saries, clinics, hospitals, bath-houses, swimming pools, laundries and
all other cleaning establishments, barber shops, beauty parlors, thea-
tres, motion picture houses, airdromes, roof gardens, music halls, race
courses, skating rinks, amusement and recreation parks, trailer camps,
resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting
galleries, billiard and pool parlors; garages, all public conveyances
operated on land or water or in the air, as well as the stations and
terminals thereof; travel or tour advisory services, agencies or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08141-01-7
A. 3163 2
bureaus; public halls, public rooms, public elevators, and any public
areas of any building or structure; INSTITUTIONS, CLUBS OR PLACES OF
ACCOMMODATION WHICH ARE LICENSED BY THE STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS, OR ARE THE RECIPIENTS OF ANY FORM OF ABATEMENT OR
EXEMPTION FROM TAXES, IN WHOLE OR IN PART, FROM THE STATE OR ANY OF ITS
POLITICAL SUBDIVISIONS. Such term shall not include kindergartens,
primary and secondary schools, high schools, academies, colleges and
universities, extension courses, and all educational institutions under
the supervision of the regents of the state of New York; any such
kindergarten, primary and secondary school, academy, college, universi-
ty, professional school, extension course or other education facility,
supported in whole or in part by public funds or by contributions solic-
ited from the general public; or any institution, club or place of
accommodation which proves that it is in its nature distinctly private.
In no event shall an institution, club or place of accommodation be
considered in its nature distinctly private if it has more than one
hundred members, provides regular meal service and regularly receives
payment for dues, fees, use of space, facilities, services, meals or
beverages directly or indirectly from or on behalf of a nonmember for
the furtherance of trade or business. An institution, club, or place of
accommodation which is not deemed distinctly private pursuant to this
subdivision may nevertheless apply such selective criteria as it chooses
in the use of its facilities, in evaluating applicants for membership
and in the conduct of its activities, so long as such selective criteria
do not constitute discriminatory practices under this article or any
other provision of law. For the purposes of this section, a corporation
incorporated under the benevolent orders law or described in the benevo-
lent orders law but formed under any other law of this state or a reli-
gious corporation incorporated under the education law or the religious
corporations law shall be deemed to be in its nature distinctly private
AND IS NOT LICENSED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS
AND IS NOT THE RECIPIENT OF ANY FORM OF ABATEMENT OR EXEMPTION FROM
TAXES, IN WHOLE OR IN PART, FROM THE STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS.
No institution, club, organization or place of accommodation which
sponsors or conducts any amateur athletic contest or sparring exhibition
and advertises or bills such contest or exhibition as a New York state
championship contest or uses the words "New York state" in its announce-
ments shall be deemed a private exhibition within the meaning of this
section.
§ 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.