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

                                   641

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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 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-

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

                                                           LBD03595-01-3

S. 641                              2

cies  or  bureaus;  public  halls  and public elevators of buildings and
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.