S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5935
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Economic Development
 
 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.
                                                            LBD05448-01-9
              

 A. 5935                             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.

 A. 5935                             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.