S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4217
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 galleries, billiard and pool parlors; garages,  all  public  conveyances
 operated  on  land  or  water or in the air, as well as the stations and

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

                                                            LBD00414-01-1

 S. 4217                             2
 
 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.