§ 475. Crowd control plans in certain places of public assembly. 1.
(a) For the purposes of this section places of public assembly shall be
those with an occupancy capacity of at least five thousand persons and
shall include: (i) all stadiums, ballparks, gymnasiums, fieldhouses,
arenas, civic centers and similar facilities used for the conduct of
sporting events; and (ii) concert halls, recital halls, theatres, indoor
and outdoor amphitheatres or other auditoriums used for the presentation
of musical renditions or concerts by living persons who appear in the
immediate presence of their audience and which rely primarily for effect
on the use of electronic amplification of accompaniment and principal
voice or instrument together with visual and other special effects and
whose musical renditions or concerts are represented by the performers
to be, or advertised by the management of such halls, theatres,
amphitheatres or auditoriums as, rock and/or rapp renditions or
concerts. Such places of public assembly shall include the means of
ingress thereto and egress therefrom. Places of public assembly shall
not include halls owned by churches, religious organizations, granges,
public associations, free libraries as defined by section two hundred
fifty-three of the education law, and facilities for the performance of
sporting events or rock and/or rapp musical renditions owned and used by
public and nonpublic primary and secondary schools and boards of
cooperative educational services.

(b) For the purposes of this section, operator shall include the
primary tenant of a place of public assembly or the person or persons
responsible for the operation and management of said place of public
assembly. If no operator of said place of public assembly can be
ascertained, then the owner shall be deemed the operator. In any event,
the designation of such operator of said place of public assembly shall
be included in all plans of compliance filed in accordance with this
section.

2. The operators of places of public assembly as defined in this
section shall establish a plan to be used for the purposes of crowd
control in the event of a riot. Said plan shall include and set forth
any programs mandated by section one hundred six-b of the alcoholic
beverage control law or any other requirement of such law, and
additional procedures designed to control the over-consumption of
alcoholic beverages at such places of public assembly, which operators
deem to be necessary or desirable for inclusion in the plan. Said plan
shall be filed with the New York state emergency management office as
follows: (i) with respect to places of public assembly in existence on
the effective date of this section which have been used for sporting
events or presentations described in subparagraph (ii) of paragraph (a)
of subdivision one of this section, said plan shall be filed on or
before March first, in the year next succeeding the year in which this
section shall have become a law; and (ii) with respect to places of
public assembly constructed after the effective date of this section or
with respect to existing facilities used for the first time for
presentation of sporting events or musical renditions or concerts
described in subparagraph (ii) of paragraph (a) of subdivision one of
this section, said plan shall be filed thirty days before the sporting
event or the presentation of such musical renditions or concerts so
described. Additionally, the plan shall be filed with the police and
fire departments of the locality in which such place of public assembly
is located, as well as with the state or county law enforcement agency
having the primary responsibility to respond with the local police
department in the event of an emergency. With respect to the operation
of places of public assembly by a governmental entity which provides its
own police and fire protection, plans shall be established in
consultation with the officers charged with responsibility for providing
such protection and enforcement.

3. The New York state emergency management office shall issue a report
with recommendations to the governor and the legislature relative to the
sufficiency of crowd control planning on or before March fifteenth,
nineteen hundred ninety.

4. No owner, operator, governmental entity or any employee, officer,
or agent thereof shall be liable for any claim filed by a person based
upon negligence in the preparation or filing of such plans required
under this section.