NY State Senate Bill 2017-S3493

Senate Bill S3493

2017-2018 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 03, 2018	referred to commerce, economic development and small business
Jan 23, 2017	referred to commerce, economic development and small business

2017-S3493 (ACTIVE) - Details

See Assembly Version of this Bill:: A6231
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
2015-2016: S2040, A5971
2019-2020: S2564, A5935
2021-2022: S3376
2023-2024: S1429

2017-S3493 (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.

2017-S3493 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3493

 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: S.7046/A.10535 - Referred to Investigations and Government
Operations
2007-08: A.6373(Ortiz)- Referred to Codes
2009-10: S.5371/A.2629(Ortiz)- Referred to Commerce, Economic
Development and Small Business
2011-12: S.972/A.1323(Ortiz)- Referred to Commerce, Economic
Development and Small Business
2013-14: S.3352/A.2911(Ortiz)- Referred to Commerce, Economic
Development and Small Business
2015-16: S.2040/A.5971(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.

2017-S3493 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3493
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment 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".
   §  2.    The alcoholic beverage control law is amended by adding a new
 section 64-e to read as follows:
   § 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.

                                                            LBD07807-01-7

 S. 3493                             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. 3493                             3
 
   § 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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