S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3971--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Governmental Operations -- recommitted to the Committee on  Govern-
   mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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

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

                                                            LBD08077-03-9

 A. 3971--A                          2
 
 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
 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.