S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2086
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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.
              

                                                            LBD00414-01-1

 A. 2086                             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 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.