Senate Bill S1467

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1467
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain  cabarets and public dance halls to install video surveillance
   cameras at all entrances and exits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-hh to read as follows:
   §  399-HH.  ADDITIONAL SECURITY MEASURES FOR CABARETS AND PUBLIC DANCE
 HALLS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE;
   B. "SECRETARY" SHALL MEAN THE SECRETARY OF STATE;
   C.  "CABARET" SHALL MEAN ANY ROOM, PLACE OR SPACE IN WHICH ANY MUSICAL
 ENTERTAINMENT, SINGING, DANCING OR OTHER FORM OF AMUSEMENT IS  PERMITTED
 IN  CONNECTION  WITH THE RESTAURANT BUSINESS OR THE BUSINESS OF DIRECTLY
 OR INDIRECTLY SELLING TO THE PUBLIC FOOD  OR  DRINK,  EXCEPT  EATING  OR
 DRINKING PLACES, WHICH PROVIDE INCIDENTAL MUSICAL ENTERTAINMENT, WITHOUT
 DANCING,  EITHER  BY  MECHANICAL  DEVICES,  OR  BY  NOT  MORE THAN THREE
 PERSONS; AND
   D. "PUBLIC DANCE HALL" SHALL MEAN ANY ROOM, PLACE OR SPACE IN THE CITY
 IN WHICH DANCING IS CARRIED ON AND TO WHICH THE PUBLIC MAY  GAIN  ADMIS-
 SION, EITHER WITH OR WITHOUT THE PAYMENT OF A FEE.
   2.  A.  NO ONE SHALL OPERATE A CABARET OR PUBLIC DANCE HALL UNLESS ALL
 ENTRANCES AND EXITS USED BY PATRONS  ARE  EQUIPPED  WITH  DIGITAL  VIDEO
 SURVEILLANCE  CAMERAS,  PROVIDED,  HOWEVER,  THAT THIS SECTION SHALL NOT
 APPLY TO AN ESTABLISHMENT THAT OPERATES PRIMARILY AS  A  RESTAURANT,  AS
 DEFINED  BY  SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, DURING
 ALL HOURS OF OPERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05363-01-9
              

 S. 1467                             2
 
   B. DIGITAL VIDEO SURVEILLANCE SYSTEMS SHALL COMPLY WITH THE  FOLLOWING
 PROVISIONS AND WITH THE RULES OF THE SECRETARY:
   (I)  THE  VIDEO  SURVEILLANCE  CAMERAS  SHALL BE DIGITAL IN NATURE AND
 SHALL BE OF SUFFICIENT NUMBER, TYPE, PLACEMENT AND LOCATION TO VIEW  AND
 RECORD  ALL  ACTIVITY IN FRONT OF AND WITHIN FIFTEEN FEET OF EITHER SIDE
 OF EACH ENTRANCE OR EXIT;
   (II) THE VIDEO SURVEILLANCE CAMERAS SHALL BE SUFFICIENTLY LIGHT SENSI-
 TIVE AND  PROVIDE SUFFICIENT IMAGE RESOLUTION (SUPPORTED  BY  ADDITIONAL
 LIGHTING  IF NECESSARY) TO PRODUCE EASILY DISCERNIBLE IMAGES RECORDED AT
 ALL TIMES;
   (III) THE VIDEO SURVEILLANCE CAMERAS SHALL RECORD AT A  MINIMUM  SPEED
 OF FIFTEEN FRAMES PER SECOND;
   (IV)  THE  VIDEO  SURVEILLANCE CAMERA IMAGES SHALL BE CAPABLE OF BEING
 VIEWED THROUGH USE OF APPROPRIATE TECHNOLOGY, INCLUDING BUT NOT  LIMITED
 TO A COMPUTER SCREEN OR CLOSED CIRCUIT TELEVISION MONITOR;
   (V)  THE  VIDEO  SURVEILLANCE CAMERA SYSTEM SHALL BE CAPABLE OF TRANS-
 FERRING THE RECORDED IMAGES TO A PORTABLE FORM OF MEDIA,  INCLUDING  BUT
 NOT LIMITED TO COMPACT DISC OR DIGITAL VIDEO DISC;
   (VI)  THE VIDEO SURVEILLANCE CAMERAS SHALL NOT HAVE AN AUDIO CAPABILI-
 TY;
   (VII) THE VIDEO SURVEILLANCE CAMERAS SHALL BE MAINTAINED IN GOOD WORK-
 ING CONDITION;
   (VIII) EXCEPT AS OTHERWISE PROVIDED BY RULE,  THE  VIDEO  SURVEILLANCE
 CAMERAS  SHALL  BE  IN  OPERATION  AND RECORDING CONTINUOUSLY DURING ALL
 HOURS OF OPERATION OF THE CABARET OR PUBLIC DANCE HALL AND FOR TWO HOURS
 AFTER THE CABARET OR PUBLIC DANCE HALL CLOSES;
   (IX) THE RECORDINGS MADE BY VIDEO SURVEILLANCE CAMERAS  INSTALLED  AND
 MAINTAINED  PURSUANT TO THIS SECTION SHALL BE INDEXED BY DATES AND TIMES
 AND PRESERVED FOR A MINIMUM OF THIRTY DAYS SO  THAT  THEY  MAY  BE  MADE
 AVAILABLE  TO THE DEPARTMENT, THE POLICE DEPARTMENT AND OTHER GOVERNMENT
 AGENCIES ACTING IN FURTHERANCE OF A CRIMINAL INVESTIGATION OR A CIVIL OR
 ADMINISTRATIVE LAW ENFORCEMENT PURPOSE;
   (X) ALL RECORDING MADE BY VIDEO  SURVEILLANCE  CAMERAS  INSTALLED  AND
 MAINTAINED  PURSUANT  TO  THIS  SECTION  WHILE  IN THE POSSESSION OF THE
 CABARET OR PUBLIC DANCE HALL SHALL BE  STORED  IN  A  LOCKED  RECEPTACLE
 LOCATED  IN A CONTROLLED ACCESS AREA, TO WHICH ONLY AUTHORIZED PERSONNEL
 HAVE ACCESS, OR SHALL OTHERWISE  BE  SECURED  SO  THAT  ONLY  AUTHORIZED
 PERSONNEL  MAY ACCESS SUCH VIDEO RECORDINGS. ALL PERSONNEL AUTHORIZED TO
 ACCESS SUCH VIDEO RECORDINGS MUST CERTIFY IN WRITING THAT THEY HAVE BEEN
 INFORMED ON THE APPROPRIATE USE AND RETENTION OF RECORDINGS AS SET FORTH
 IN THIS SECTION, AND ON THE LEGAL ISSUES ASSOCIATED WITH VIDEO  SURVEIL-
 LANCE  AND  THE  USE  AND RETENTION OF RECORDINGS. THE CABARET OR PUBLIC
 DANCE HALL SHALL KEEP A LOG OF ALL INSTANCES OF REQUESTS FOR, ACCESS TO,
 DISSEMINATION AND USE OF, RECORDED MATERIALS MADE BY VIDEO  SURVEILLANCE
 CAMERAS  INSTALLED  AND  MAINTAINED PURSUANT TO THIS SECTION.  COPIES OF
 THE CERTIFICATIONS BY AUTHORIZED EMPLOYEES AND OF THE ACCESS  LOG  SHALL
 BE PROVIDED TO THE DEPARTMENT IN ACCORDANCE WITH ITS RULES;
   (XI) THE USE OF DISSEMINATION OF RECORDINGS MADE BY VIDEO SURVEILLANCE
 CAMERAS  INSTALLED  AND MAINTAINED PURSUANT TO THIS SECTION IN VIOLATION
 OF THE PENAL LAW OR SECTION FIFTY OF THE CIVIL RIGHTS LAW  SHALL  RESULT
 IN  SUSPENSION  OR  REVOCATION  OF A LICENSE AND A FINE OF NOT LESS THAN
 FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS; AND
   (XII) THE CABARET OR PUBLIC DANCE HALL SHALL POST SIGNAGE AT APPROPRI-
 ATE LOCATIONS, AS DETERMINED BY RULE OF THE  SECRETARY,  TO  NOTIFY  THE
 PUBLIC  OF  ITS USE OF VIDEO SURVEILLANCE EQUIPMENT AND THE LOCATIONS OF

 S. 1467                             3
 
 VIDEO SURVEILLANCE EQUIPMENT SO THAT THE PUBLIC HAS  SUFFICIENT  WARNING
 THAT SURVEILLANCE IS IN OPERATION.
   C. EACH PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT,
 OR  ENSURE  THE  SUBMISSION OF, A REPORT TO THE DEPARTMENT WITHIN THIRTY
 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF A  NEW
 CABARET OR PUBLIC DANCE HALL, WITHIN THIRTY DAYS AFTER THE ESTABLISHMENT
 OF SUCH CABARET OR PUBLIC DANCE HALL. SUCH REPORT SHALL CERTIFY THAT THE
 CABARET OR PUBLIC DANCE HALL IS IN COMPLIANCE WITH THIS SECTION. REPORTS
 FILED  PURSUANT  TO  THIS  PARAGRAPH SHALL BE SUBMITTED IN SUCH FORM AND
 MANNER AND CONTAINING SUCH INFORMATION AS SHALL BE PROVIDED BY  RULE  OF
 THE SECRETARY.
   D.  THE  DEPARTMENT SHALL CONDUCT PERIODIC INSPECTIONS OF LICENSEES TO
 ENSURE COMPLIANCE WITH THE USE AND RETENTION POLICIES SET FORTH IN  THIS
 SECTION.
   E.  THE SECRETARY MAY SUSPEND OR REVOKE A CABARET OR PUBLIC DANCE HALL
 LICENSE IF THE LICENSEE VIOLATES THE REQUIREMENTS OF THIS  SECTION  AND,
 IN  ADDITION,  SHALL  IMPOSE  A  FINE  OF  ONE THOUSAND DOLLARS FOR EACH
 VIOLATION OF SUBPARAGRAPH (IX), (X) OR (XII)  OF  PARAGRAPH  B  OF  THIS
 SUBDIVISION,  AND  ANY  ADDITIONAL  PENALTIES  AND  FINES AS REQUIRED BY
 SUBPARAGRAPH (XI) OF PARAGRAPH B OF THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.