S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4497

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. AUBRY, ALFANO -- Multi-Sponsored by -- M. of A.
  BARRA -- read once and referred to the Committee on Governmental Oper-
  ations

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 262 of the laws  of  1994,  is  amended  to  read  as
follows:
  9. The term "place of public accommodation, resort or amusement" shall
include,  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
accommodation of those seeking health, recreation or  rest,  or  restau-
rants, 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,
confectionaries, 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,
dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries
and all other cleaning establishments,  barber  shops,  beauty  parlors,
theatres,  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,  agen-
cies  or  bureaus;  public  halls  and public elevators of buildings and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04420-01-9
              

A. 4497                             2

structures occupied by two or more tenants, or by the owner and  one  or
more  tenants;  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 public libraries, 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 public library, kindergarten,
primary and secondary school, academy, college, university, professional
school, extension course or other education facility, supported in whole
or in part by public funds or by contributions solicited from the gener-
al  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 indirect-
ly  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  facili-
ties,  in evaluating applicants for membership and in the conduct of its
activities, so long as such selective criteria do not constitute discri-
minatory 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 benevolent orders law but
formed under any other law of this  state  or  a  religious  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.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.