Bill Text: NY A04739 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires operators of bowling centers to give certain notices to bowlers about bowling shoes and grants immunity from civil liability to operators of bowling centers from certain actions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A04739 Detail]

Download: New_York-2013-A04739-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4739
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2013
                                      ___________
       Introduced  by  M.  of A. SCHIMMINGER, KOLB -- read once and referred to
         the Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to  requiring  the
         operators of bowling centers to give certain notices to bowlers and to
         grant  immunity  from  civil liability to operators of bowling centers
         from certain lawsuits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. This act shall be known, and may be cited as, the "bowling
    2  center act".
    3    S 2. The general business law is amended by adding a new section 390-d
    4  to read as follows:
    5    S 390-D. BOWLING CENTERS. 1. DEFINITIONS. AS USED IN THIS SECTION:
    6    (A) "BOWLER" MEANS A PERSON IN A BOWLING CENTER  FOR  THE  PURPOSE  OF
    7  RECREATIONAL OR COMPETITIVE BOWLING.
    8    (B)  "BOWLING  CENTER" MEANS A STRUCTURE THAT HAS AN AREA SPECIFICALLY
    9  DESIGNED TO BE USED BY THE PUBLIC FOR RECREATIONAL OR COMPETITIVE  BOWL-
   10  ING.
   11    (C) "BOWLING SHOES" MEANS SHOES THAT ARE SPECIFICALLY DESIGNED FOR THE
   12  PURPOSE OF RECREATIONAL OR COMPETITIVE BOWLING.
   13    (D)  "OPERATOR"  MEANS A PERSON THAT OWNS, MANAGES, CONTROLS, DIRECTS,
   14  OR HAS THE RESPONSIBILITY OF OPERATING A BOWLING CENTER.
   15    2. NOTICES. AN OPERATOR SHALL POST A CONSPICUOUS NOTICE IN A CONSPICU-
   16  OUS PLACE NEAR EACH ENTRANCE TO AND EXIT  FROM  A  BOWLING  CENTER  THAT
   17  READS AS FOLLOWS:
   18    "DO  NOT  WEAR  BOWLING  SHOES  OUTSIDE. BOWLING SHOES ARE SPECIALIZED
   19  FOOTWEAR FOR INDOOR USE ONLY. BOWLING SHOES WORN OUTSIDE MAY BE AFFECTED
   20  BY SUBSTANCES OR MATERIALS INCLUDING BUT NOT LIMITED TO SNOW, ICE, RAIN,
   21  MOISTURE, FOOD, OR DEBRIS THAT MAY CAUSE THE PERSON WEARING THE  BOWLING
   22  SHOES  TO  SLIP,  TRIP,  STUMBLE, OR FALL ON THE FLOOR OR ALLEY SURFACES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08636-01-3
       A. 4739                             2
    1  INSIDE THE BOWLING CENTER. NEW YORK LAW MAKES A BOWLING  CENTER  POSTING
    2  THIS NOTICE IMMUNE FROM LIABILITY FOR SUCH AN INJURY."
    3    3.  LIABILITY. (A) IF AN OPERATOR POSTS A NOTICE AS REQUIRED BY SUBDI-
    4  VISION TWO OF THIS SECTION, THE OPERATOR IS NOT CIVILLY LIABLE FOR INJU-
    5  RIES TO A BOWLER RESULTING FROM A SLIP, TRIP, STUMBLE,  OR  FALL  INSIDE
    6  THE  BOWLING  CENTER  SUBSTANTIALLY CAUSED BY A SUBSTANCE OR MATERIAL ON
    7  THE BOWLER'S BOWLING SHOES THAT WAS ACQUIRED OUTSIDE THE BOWLING  CENTER
    8  BEFORE THE BOWLER ENTERED OR REENTERED THE BOWLING CENTER.
    9    (B) THE PROTECTION FROM LIABILITY UNDER THIS SECTION DOES NOT APPLY IF
   10  THE INJURY RESULTS FROM ACTS OR OMISSIONS AMOUNTING TO WILLFUL OR WANTON
   11  MISCONDUCT  OR  IF  THE  OPERATOR  FAILS  TO  MAINTAIN THE PREMISES IN A
   12  REASONABLY SAFE CONDITION AND THE  CONDITION  SUBSTANTIALLY  CAUSES  THE
   13  INJURY TO THE BOWLER.
   14    S 3. This act shall take effect immediately.