NY State Senate Bill 2015-S2040

Senate Bill S2040

2015-2016 Legislative Session

Mandates that every owner of a cabaret establishment, but which is not a restaurant shall install security cameras

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to commerce, economic development and small business
Jan 21, 2015	referred to commerce, economic development and small business

2015-S2040 (ACTIVE) - Details

See Assembly Version of this Bill:: A5971
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §64-e, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5371, A2629
2011-2012: S972, A1323
2013-2014: S3352, A2911
2017-2018: S3493, A6231
2019-2020: S2564, A5935
2021-2022: S3376
2023-2024: S1429

2015-S2040 (ACTIVE) - Summary

Enacts "Imette's Law"; mandates that every owner of a cabaret establishment, but which is not a restaurant, shall install security cameras at every entrance and exit of such establishment.

2015-S2040 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2040

TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
mandating the installation of security cameras in cabaret
establishments

PURPOSE OR GENERAL IDEA OF BILL:

To mandate that every establishment licensed to sell alcoholic
beverages (except for restaurants), in a city, install security
cameras at the entrances and exits of such establishments.

SUMMARY OF SPECIFIC PROVISIONS:

Alcoholic beverage control law is amended by adding a new Section
64-e. This section would require the installation of security cameras
in alcoholic establishments that are not restaurants, and would
require that the owner of such establishment submit proof to the
authority that security cameras have been properly installed. It also
states that the authority shall be authorized and directed to inspect
such licensed premises for compliance and that they shall suspend an
owner's license to serve alcohol in such establishment until proof of
compliance has been properly submitted to such authority.

JUSTIFICATION:

This legislation referred to as "Imette's Law," was inspired by the
murder of Imette st. Guillen, a graduate student who was killed after
leaving a bar in Manhattan in 2006. The prime suspect appears to be
one of the bouncers at the bar where St.  Guillen was last seen. The
first bar Imette visited had security cameras inplace. If there had
been security cameras at the last bar Imette was seen, this crime
would likely have been solved by now, or may never have happened. This
legislation would aid police in solving cases and deter similar crimes
from taking place. It would also reduce late night street crimes.

PRIOR LEGISLATIVE HISTORY:

2005/06: A.10535 - Referred to Economic
2007/2008: A.6373 - Reported Referred to Codes
2009-10: S.5371/A.2629 (Ortiz) - Referred to Commerce, Economic
Development and Small Business

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

2015-S2040 (ACTIVE) - Bill Text download pdf

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

                                  2040

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  mandating  the  installation of security cameras in cabaret establish-
  ments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Imette's Law".
  S 2.  The alcoholic beverage control law is amended by  adding  a  new
section 64-e to read as follows:
  S 64-E. INSTALLATION OF SECURITY CAMERAS IN CABARET ESTABLISHMENTS. 1.
NO  ONE SHALL OPERATE A CABARET LICENSED PURSUANT TO THIS SECTION 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  SIXTY-FOUR-C  OF THIS ARTICLE, DURING ALL HOURS OF
OPERATION.
  2. DIGITAL VIDEO SURVEILLANCE SYSTEMS SHALL COMPLY WITH THE  FOLLOWING
PROVISIONS AND WITH THE RULES OF THE AUTHORITY:
  (A)  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;
  (B) 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;
  (C)  THE VIDEO SURVEILLANCE CAMERAS SHALL RECORD AT A MINIMUM SPEED OF
FIFTEEN FRAMES PER SECOND;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04698-01-5

S. 2040                             2

  (D) 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;
  (E)  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;
  (F) THE VIDEO SURVEILLANCE CAMERAS SHALL NOT HAVE AN AUDIO CAPABILITY;
  (G) THE VIDEO SURVEILLANCE CAMERAS SHALL BE MAINTAINED IN GOOD WORKING
CONDITION;
  (H)  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 AND FOR TWO HOURS AFTER THE CABARET
CLOSES;
  (I) 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 AUTHORITY, THE POLICE DEPARTMENT AND OTHER GOVERNMENT
AGENCIES ACTING IN FURTHERANCE OF A CRIMINAL INVESTIGATION OR A CIVIL OR
ADMINISTRATIVE LAW ENFORCEMENT PURPOSE;
  (J) ALL RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
MAINTAINED  PURSUANT  TO  THIS  SECTION  WHILE  IN THE POSSESSION OF THE
CABARET 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 SURVEILLANCE  AND
THE USE AND RETENTION OF RECORDINGS. THE CABARET SHALL KEEP A LOG OF ALL
INSTANCES  OF  REQUESTS  FOR  ACCESS  TO,  AND 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
AUTHORITY IN ACCORDANCE WITH ITS RULES;
  (K)  THE USE OR 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
  (L) THE CABARET SHALL POST SIGNAGE AT APPROPRIATE LOCATIONS, AS DETER-
MINED BY RULE OF THE AUTHORITY, TO NOTIFY THE PUBLIC OF ITS USE OF VIDEO
SURVEILLANCE EQUIPMENT AND THE LOCATIONS OF VIDEO SURVEILLANCE EQUIPMENT
SO THAT THE PUBLIC HAS SUFFICIENT WARNING THAT SURVEILLANCE IS IN OPERA-
TION.
  3. EACH PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT,
OR  ENSURE  THE  SUBMISSION  OF, A REPORT TO THE AUTHORITY WITHIN THIRTY
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF A  NEW
CABARET WITHIN THIRTY DAYS AFTER THE ESTABLISHMENT OF SUCH CABARET. SUCH
REPORT  SHALL  CERTIFY  THAT  THE  CABARET  IS  IN  COMPLIANCE WITH THIS
SECTION. REPORTS FILED PURSUANT TO THIS SUBDIVISION SHALL  BE  SUBMITTED
IN  SUCH  FORM  AND  MANNER  AND CONTAINING SUCH INFORMATION AS SHALL BE
PROVIDED BY RULE OF THE AUTHORITY.
  4. THE AUTHORITY SHALL CONDUCT PERIODIC INSPECTIONS  OF  LICENSEES  TO
ENSURE  COMPLIANCE WITH THE USE AND RETENTION POLICIES SET FORTH IN THIS
SECTION.

S. 2040                             3

  S 3. Rules and regulations. The chairman of the state liquor authority
is hereby authorized and directed to promulgate  rules  and  regulations
necessary  for the implementation of this act on or before the effective
date of this act.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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