S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3887--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 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

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

                                                            LBD08077-02-9

 S. 3887--A                          2
 
 operated on land or water or in the air, as well  as  the  stations  and
 terminals  thereof;  travel  or  tour  advisory  services,  agencies  or
 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 AND THAT 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,
 or a religious corporation incorporated under the education law  or  the
 religious corporations law shall be deemed to be in its nature distinct-
 ly private.
   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.