S T A T E   O F   N E W   Y O R K
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                                    638
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, JAFFEE, D'URSO, JEAN-PIERRE, GALEF,
   BLAKE,   SIMON,  ORTIZ  --  Multi-Sponsored  by  --  M.  of  A.  COOK,
   DE LA ROSA, HYNDMAN, NIOU, WRIGHT -- read once  and  referred  to  the
   Committee on Codes

 AN  ACT to amend the penal law, in relation to restricting the locations
   of gunsmiths and dealers in firearms in relation to day cares,  educa-
   tional facilities, and places of worship
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 400.00 of the penal law is amended by adding a  new
 subdivision 18 to read as follows:
   18. NO LICENSE SHALL BE GRANTED FOR ANY GUNSMITH OR DEALER IN FIREARMS
 TO OPERATE:
   (A)  ON  THE  SAME  STREET OR AVENUE AND WITHIN FIVE HUNDRED FEET OF A
 BUILDING OCCUPIED AS A CHILD DAY CARE OR EDUCATIONAL FACILITY, OR EXCLU-
 SIVELY OCCUPIED AS A PLACE OF WORSHIP; OR
   (B) IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY  THOUSAND
 OR  MORE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING GUNSMITHS OR
 DEALERS IN FIREARMS LICENSED AND OPERATING PURSUANT TO THIS SECTION; AND
   (C) THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE
 TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF
 THE PREMISES SOUGHT TO BE LICENSED TO THE CENTER OF THE NEAREST ENTRANCE
 OF SUCH CHILD DAY CARE  OR  EDUCATIONAL  FACILITY,  OR  OTHER  PLACE  OF
 WORSHIP  OR  TO THE CENTER OF THE NEAREST ENTRANCE OF EACH SUCH PREMISES
 OF EXISTING GUNSMITHS OR DEALERS  IN  FIREARMS  LICENSED  AND  OPERATING
 PURSUANT  TO  THIS  SECTION;  EXCEPT,  HOWEVER, THAT NO LICENSE SHALL BE
 DENIED TO ANY PREMISES AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN
 EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO THE DATE WHEN A BUILDING  ON
 THE  SAME STREET OR AVENUE AND WITHIN FIVE HUNDRED FEET OF SAID PREMISES
 HAS BEEN OCCUPIED AS A CHILD DAY CARE OR EDUCATIONAL FACILITY, OR EXCLU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04686-01-9

 A. 638                              2
 
 SIVELY OCCUPIED AS A PLACE OF WORSHIP; AND EXCEPT THAT NO LICENSE  SHALL
 BE DENIED TO ANY PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET OF THREE OR
 MORE  EXISTING  GUNSMITHS  OR DEALERS IN FIREARMS LICENSED AND OPERATING
 PURSUANT TO THIS SECTION, AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
 IN  EXISTENCE  CONTINUOUSLY  ON OR PRIOR TO NOVEMBER FIRST, TWO THOUSAND
 NINETEEN.
   (D) WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE"  SHALL
 MEAN A DOOR REGULARLY USED TO GIVE INGRESS TO A CHILD DAY CARE OR EDUCA-
 TIONAL  FACILITY,  A  HOUSE  OF WORSHIP, PREMISES LICENSED AND OPERATING
 PURSUANT TO THIS SECTION BY A GUNSMITH OR DEALER IN FIREARMS OR  OF  THE
 PREMISES  SOUGHT  TO  BE LICENSED. WHERE A CHILD DAY CARE OR EDUCATIONAL
 FACILITY, A HOUSE OF WORSHIP, OR PREMISES LICENSED AND OPERATING  PURSU-
 ANT  TO THIS SECTION BY A GUNSMITH OR DEALER IN FIREARMS OR THE PREMISES
 SOUGHT TO BE LICENSED IS SET BACK FROM A PUBLIC THOROUGHFARE, THE  WALK-
 WAY  OR  STAIRS LEADING TO ANY SUCH DOOR SHALL BE DEEMED AN ENTRANCE AND
 THE MEASUREMENT SHALL BE TAKEN TO THE CENTER OF THE WALKWAY OR STAIRS AT
 THE POINT WHERE IT MEETS THE BUILDING LINE  OR  PUBLIC  THOROUGHFARE.  A
 DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS USED SOLELY AS AN EMER-
 GENCY OR FIRE EXIT, OR FOR MAINTENANCE PURPOSES, OR WHICH LEADS DIRECTLY
 TO  A  PART  OF  A  BUILDING NOT REGULARLY USED BY THE GENERAL PUBLIC OR
 PATRONS, IS NOT DEEMED AN "ENTRANCE".
   (E) WITHIN THE CONTEXT OF THIS  SUBDIVISION,  A  "CHILD  DAY  CARE  OR
 EDUCATIONAL  FACILITY" MEANS (I) IN OR ON OR WITHIN ANY BUILDING, STRUC-
 TURE, ATHLETIC PLAYING FIELD, A PLAYGROUND OR LAND CONTAINED WITHIN  THE
 REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE CHILD DAY CARE CENTER
 AS  SUCH  TERM IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, OR NURSERY, PRE-KINDER-
 GARTEN OR KINDERGARTEN, OR  (II)  ANY  AREA  ACCESSIBLE  TO  THE  PUBLIC
 LOCATED  WITHIN  ONE  THOUSAND  FEET  OF THE REAL PROPERTY BOUNDARY LINE
 COMPRISING ANY SUCH FACILITY. FOR THE PURPOSES OF THIS SECTION AN  "AREA
 ACCESSIBLE  TO  THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS,
 PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
   (F) WITHIN THE CONTEXT OF THIS SUBDIVISION, A BUILDING OCCUPIED  AS  A
 PLACE  OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE
 OF WORSHIP BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO  DETRACT  FROM
 THE  PREDOMINANT  CHARACTER  OF THE BUILDING AS A PLACE OF WORSHIP, SUCH
 USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO: THE CONDUCT OF LEGALLY
 AUTHORIZED GAMES OF BINGO OR OTHER GAMES OF CHANCE HELD AS  A  MEANS  OF
 RAISING  FUNDS  FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION  WHICH
 CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR  FOR  OTHER  NOT-FOR-PROFIT
 ORGANIZATIONS  OR  GROUPS; USE OF THE BUILDING FOR FUND-RAISING PERFORM-
 ANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION  WHICH
 CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
 IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
 TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
 SOCIAL  ACTIVITIES  BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE USE OF
 THE BUILDING FOR MEETINGS HELD  BY  ORGANIZATIONS  OR  GROUPS  PROVIDING
 BEREAVEMENT  COUNSELING  TO  PERSONS HAVING SUFFERED THE LOSS OF A LOVED
 ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR  DISEASES  INCLUD-
 ING,  BUT  NOT  LIMITED TO, ALCOHOLISM, DRUG ADDICTION, CANCER, CEREBRAL
 PALSY, PARKINSON'S DISEASE, OR  ALZHEIMER'S  DISEASE;  THE  USE  OF  THE
 BUILDING  FOR  BLOOD DRIVES, HEALTH SCREENINGS, HEALTH INFORMATION MEET-
 INGS, YOGA CLASSES, EXERCISE CLASSES OR  OTHER  ACTIVITIES  INTENDED  TO
 PROMOTE  THE  HEALTH OF THE CONGREGANTS OR OTHER PERSONS; AND USE OF THE
 BUILDING BY NON-CONGREGANT MEMBERS OF THE COMMUNITY FOR  PRIVATE  SOCIAL
 FUNCTIONS.    THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT CEASE

 A. 638                              3
 
 TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE OF WORSHIP  WHERE  THE  NOT-FOR-
 PROFIT RELIGIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE
 PAYMENT  OF  FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE
 BUILDING.
   (G)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
 SION, A LICENSE PURSUANT TO THIS SECTION FOR A PREMISES WHICH  SHALL  BE
 WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND
 OPERATING  PURSUANT TO THIS SECTION MAY BE ISSUED IF, AFTER CONSULTATION
 WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT  DETERMINES  THAT  GRANTING
 SUCH  LICENSE  WOULD  BE  IN THE PUBLIC INTEREST. BEFORE SUCH LICENSE IS
 ISSUED, A HEARING SHALL BE CONDUCTED, UPON NOTICE TO THE  APPLICANT  AND
 THE  MUNICIPALITY OR COMMUNITY BOARD, AND SHALL STATE ITS REASONS THERE-
 FOR. THE HEARING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND  NOTICE
 SHALL  BE GIVEN TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD
 OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED HEARING. BEFORE ANY SAID
 LICENSE IS ISSUED, IN ADDITION TO THE HEARING  REQUIRED  BY  THIS  PARA-
 GRAPH,  A PUBLIC MEETING REGARDING SAID LICENSE SHALL BE CONDUCTED, UPON
 NOTICE TO THE APPLICANT AND THE MUNICIPALITY  OR  COMMUNITY  BOARD.  THE
 PUBLIC  MEETING  MAY  BE RESCHEDULED, ADJOURNED OR CONTINUED, AND NOTICE
 SHALL BE GIVEN TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY  BOARD
 OF  ANY  SUCH RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC MEETING. NOTICE
 TO THE MUNICIPALITY OR COMMUNITY BOARD SHALL MEAN WRITTEN NOTICE  MAILED
 TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS IN ADVANCE
 OF ANY HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH. ANY MUNICIPALITY OR
 COMMUNITY  BOARD MAY WAIVE THE FIFTEEN DAY NOTICE REQUIREMENT.  NO PREM-
 ISES HAVING BEEN GRANTED A LICENSE PURSUANT TO  THIS  SECTION  SHALL  BE
 DENIED A RENEWAL OF SUCH LICENSE UPON THE GROUNDS THAT SUCH PREMISES ARE
 WITHIN  FIVE  HUNDRED  FEET  OF A BUILDING OR BUILDINGS WHEREIN THREE OR
 MORE PREMISES ARE LICENSED AND OPERATING PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.