Assembly Bill A8873A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8873--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development --  recommit-
   ted to the Committee on Tourism, Parks, Arts and Sports Development in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the parks, recreation and historic preservation law, in
   relation to establishing a historic business preservation registry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  parks,  recreation  and historic preservation law is
 amended by adding a new section 14.11 to read as follows:
   § 14.11 HISTORIC BUSINESS PRESERVATION REGISTRY. 1. PURPOSE. A  REGIS-
 TRY  OF  HISTORIC  BUSINESSES  IN THE STATE SHALL BE ESTABLISHED FOR THE
 PURPOSE OF RECOGNIZING THAT HISTORIC  COMMUNITY-SERVING  BUSINESSES  ARE
 VALUABLE  CULTURAL ASSETS THAT SERVE AS EXAMPLES OF THE RICH AND DIVERSE
 HISTORY OF THE COMMUNITIES IN THE STATE. SUCH REGISTRY SHALL ALSO  SERVE
 AS  A    TOOL  FOR  PROVIDING  EDUCATIONAL AND PROMOTIONAL ASSISTANCE TO
 HISTORIC BUSINESSES TO ENCOURAGE THEIR CONTINUED VIABILITY AND SUCCESS.
   2. ESTABLISHMENT. THE OFFICE SHALL ESTABLISH AND MAINTAIN  A  REGISTRY
 OF  HISTORIC  BUSINESSES  IN  THE  STATE AND MAINTAIN AN ONLINE REGISTRY
 WHICH INCLUDES THE NAME, ADDRESS AND A LIST OF PRODUCTS AND/OR  SERVICES
 OFFERED BY EACH HISTORIC BUSINESS THAT HAS BEEN ACCEPTED INTO THE REGIS-
 TRY.
   3.  ELIGIBILITY.  A  HISTORIC  BUSINESS  MUST FIRST BE NOMINATED BY AN
 ASSEMBLY MEMBER, SENATOR,  THE  GOVERNOR  OR  THE  LIEUTENANT  GOVERNOR.
 NOMINATIONS ARE LIMITED TO TWO PER ELECTED OFFICIAL PER TERM. AN ELECTED
 OFFICIAL  SHALL  NOT  NOMINATE  A  BUSINESS  IF  THEY, OR A CLOSE FAMILY
 MEMBER, INCLUDING A SPOUSE, CHILDREN, SIBLINGS OR PARENTS, OWN OR HAVE A
 MAJOR INVESTMENT STAKE IN SUCH BUSINESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14173-04-0
              

 A. 8873--A                          2
 
   4. APPLICATION. (A) AFTER A BUSINESS IS NOMINATED PURSUANT TO SUBDIVI-
 SION THREE OF THIS SECTION,  SUCH  BUSINESS  SHALL  SUBMIT  A  COMPLETED
 APPLICATION  FOR  FINAL APPROVAL. SUCH   APPLICATION SHALL BE CREATED BY
 THE OFFICE AND SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
   (I)  THE  BUSINESS  SHALL HAVE OPERATED IN THE STATE FOR FIFTY OR MORE
 YEARS WITH NO BREAK IN OPERATIONS EXCEEDING TWO YEARS. THE BUSINESS  MAY
 HAVE  OPERATED IN MORE THAN ONE LOCATION, BUT SHALL HAVE OPERATED IN THE
 SAME MUNICIPALITY FOR A MINIMUM OF FIFTY YEARS.
   (II) THE BUSINESS HAS CONTRIBUTED TO THE MUNICIPALITY'S HISTORY AND/OR
 IDENTITY OF SUCH MUNICIPALITY.
   (III) THE BUSINESS IS COMMITTED TO MAINTAINING THE  PHYSICAL  FEATURES
 AND  TRADITIONS THAT DEFINE SUCH BUSINESS, INCLUDING BUT NOT LIMITED TO,
 CRAFT, CULINARY OR ART FORMS.
   (B) THE OFFICE, UPON RECEIPT OF A NOMINATION AND ACCOMPANYING APPLICA-
 TION, SHALL  MAKE A DETERMINATION OF WHETHER  THE  APPLICANT  MEETS  THE
 REQUIREMENTS   NECESSARY TO BE ACCEPTED INTO SUCH REGISTRY. THE NOMINAT-
 ING ELECTED OFFICIAL AND THE APPLICANT SHALL BE NOTIFIED BY  THE  OFFICE
 IF  SUCH  APPLICANT  IS NOT ACCEPTED INTO THE REGISTRY AND SHALL EXPLAIN
 THE REASONS FOR THE DETERMINATION OF INELIGIBILITY.
   § 2. This act shall take effect six months after it shall have  become
 a law.