Bill Text: NY S01338 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to licensing by the department of consumer affairs in the city of New York; includes businesses offering certain adult entertainment within the definition of "cabaret".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CITIES [S01338 Detail]

Download: New_York-2015-S01338-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1338
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  the  licensing  of establishments providing adult enter-
         tainment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 3 of section 20-359 of the administrative code
    2  of the city of New York, as amended by local law number 34 of  the  city
    3  of New York for the year 1986, is amended to read as follows:
    4    3.  "Cabaret."  (A)  CLASS  A CABARET: Any room, place or space in the
    5  city in which any musical entertainment, singing, dancing or other  form
    6  of  amusement is permitted in connection with the restaurant business or
    7  the business of directly or indirectly selling to  the  public  food  or
    8  drink,  except  eating  or  drinking  places,  which  provide incidental
    9  musical entertainment, without dancing, either by mechanical devices, or
   10  by not more than three persons.
   11    (B) CLASS B CABARET: ANY ROOM, PLACE OR SPACE IN THE  CITY,  WHICH  IS
   12  NOT  LICENSED TO SELL ALCOHOLIC BEVERAGES, IN WHICH ANY ENTERTAINMENT OR
   13  OTHER FORM OF AMUSEMENT IS PERMITTED IN CONNECTION WITH A BUSINESS  WHEN
   14  SUCH  ENTERTAINMENT  OR  AMUSEMENT  INCLUDES  (I)  ANY  LEWD OR INDECENT
   15  CONDUCT PERFORMED BY ANY PERSON EMPLOYED BY, INDEPENDENT  CONTRACTOR  OF
   16  OR  PATRON OF SUCH BUSINESS, OR (II) ANY PERSON EMPLOYED BY, INDEPENDENT
   17  CONTRACTOR OF OR PATRON OF SUCH BUSINESS APPEARING UNCLOTHED OR IN  SUCH
   18  MANNER  OR  ATTIRE  AS  TO EXPOSE TO VIEW ANY PORTION OF THE PUBIC HAIR,
   19  ANUS, VULVA, GENITALS, AREOLA OR ANY SIMULATION THEREOF.
   20    S 2. The administrative code of the city of New  York  is  amended  by
   21  adding a new section 20-359.1 to read as follows:
   22    S 20-359.1 CLASS B CABARETS. THE DEPARTMENT SHALL ESTABLISH A SPECIFIC
   23  LICENSE  FOR  CLASS  B  CABARETS, WHICH SHALL BE ISSUED PURSUANT TO THIS
   24  SUBCHAPTER. EVERY CLASS B CABARET SHALL BE SUBJECT TO ALL PROVISIONS  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03955-01-5
       S. 1338                             2
    1  THIS  SUBCHAPTER, ANY OTHER PROVISIONS OF THIS CODE RELATING TO CABARETS
    2  AND THE RULES AND REGULATIONS OF THE DEPARTMENT ESTABLISHED IN  SUBCHAP-
    3  TER  T OF CHAPTER TWO OF TITLE SIX OF THE RULES OF THE CITY OF NEW YORK.
    4  FURTHERMORE,  EVERY APPLICATION FOR ISSUANCE OR RENEWAL OF A LICENSE FOR
    5  A CLASS B CABARET SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 2-204 OF
    6  SUCH SUBCHAPTER T.
    7    S 3. This act shall take effect on the ninetieth day  after  it  shall
    8  have  become  a  law; provided, however, that effective immediately, the
    9  addition, amendment and/or repeal of any rule  or  regulation  necessary
   10  for  the implementation of this act on its effective date are authorized
   11  and directed to be made and completed on or before such effective date.
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