Bill Text: NY S03887 | 2019-2020 | General Assembly | Amended


Bill Title: Expands definition of place of public accommodation, resort or amusement in relation to unlawful discriminatory practices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-19 - referred to governmental operations [S03887 Detail]

Download: New_York-2019-S03887-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3887--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 20, 2019
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment  Operations  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee

        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:

     1    Section 1.  Subdivision 9 of section 292  of  the  executive  law,  as
     2  amended  by  chapter  89  of  the  laws  of  2015, is amended to read as
     3  follows:
     4    9. The term "place of public accommodation, resort or amusement" shall
     5  include, regardless of whether the owner or operator of such place is  a
     6  state  or  local  government  entity  or a private individual or entity,
     7  except as hereinafter specified, all places included in the  meaning  of
     8  such  terms  as:  inns,  taverns,  road  houses, hotels, motels, whether
     9  conducted for the entertainment of transient guests or for the  accommo-
    10  dation  of  those seeking health, recreation or rest, or restaurants, or
    11  eating houses, or any place where food is sold for  consumption  on  the
    12  premises;  buffets,  saloons,  barrooms, or any store, park or enclosure
    13  where spirituous or malt liquors are sold; ice  cream  parlors,  confec-
    14  tionaries, soda fountains, and all stores where ice cream, ice and fruit
    15  preparations  or  their  derivatives, or where beverages of any kind are
    16  retailed for consumption on the premises; wholesale  and  retail  stores
    17  and  establishments  dealing with goods or services of any kind, dispen-
    18  saries, clinics, hospitals, bath-houses, swimming pools,  laundries  and
    19  all  other  cleaning establishments, barber shops, beauty parlors, thea-
    20  tres, motion picture houses, airdromes, roof gardens, music halls,  race
    21  courses,  skating  rinks, amusement and recreation parks, trailer camps,
    22  resort camps, fairs, bowling alleys, golf courses, gymnasiums,  shooting
    23  galleries,  billiard  and  pool parlors; garages, all public conveyances

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08077-02-9

        S. 3887--A                          2

     1  operated on land or water or in the air, as well  as  the  stations  and
     2  terminals  thereof;  travel  or  tour  advisory  services,  agencies  or
     3  bureaus; public halls, public rooms, public elevators,  and  any  public
     4  areas  of  any  building  or structure; institutions, clubs or places of
     5  accommodation which are licensed by the state or any  of  its  political
     6  subdivisions,  or  are  the  recipients  of  any  form  of  abatement or
     7  exemption from taxes, in whole or in part, from the state or any of  its
     8  political  subdivisions.  Such  term  shall  not  include kindergartens,
     9  primary and secondary schools, high  schools,  academies,  colleges  and
    10  universities,  extension courses, and all educational institutions under
    11  the supervision of the regents of  the  state  of  New  York;  any  such
    12  kindergarten,  primary and secondary school, academy, college, universi-
    13  ty, professional school, extension course or other  education  facility,
    14  supported in whole or in part by public funds or by contributions solic-
    15  ited  from  the  general  public;  or  any institution, club or place of
    16  accommodation which proves that it is in its nature distinctly  private.
    17  In  no  event  shall  an  institution, club or place of accommodation be
    18  considered in its nature distinctly private if  it  has  more  than  one
    19  hundred  members,  provides  regular meal service and regularly receives
    20  payment for dues, fees, use of space,  facilities,  services,  meals  or
    21  beverages  directly  or  indirectly from or on behalf of a nonmember for
    22  the furtherance of trade or business. An institution, club, or place  of
    23  accommodation  which  is  not deemed distinctly private pursuant to this
    24  subdivision may nevertheless apply such selective criteria as it chooses
    25  in the use of its facilities, in evaluating  applicants  for  membership
    26  and in the conduct of its activities, so long as such selective criteria
    27  do  not  constitute  discriminatory  practices under this article or any
    28  other provision of law. For the purposes of this section, a  corporation
    29  incorporated under the benevolent orders law or described in the benevo-
    30  lent orders law but formed under any other law of this state and that is
    31  not  licensed  by  the state or any of its political subdivisions and is
    32  not the recipient of any form of abatement or exemption from  taxes,  in
    33  whole  or  in part, from the state or any of its political subdivisions,
    34  or a religious corporation incorporated under the education law  or  the
    35  religious corporations law shall be deemed to be in its nature distinct-
    36  ly private.
    37    No  institution,  club,  organization  or place of accommodation which
    38  sponsors or conducts any amateur athletic contest or sparring exhibition
    39  and advertises or bills such contest or exhibition as a New  York  state
    40  championship contest or uses the words "New York state" in its announce-
    41  ments  shall  be  deemed a private exhibition within the meaning of this
    42  section.
    43    § 2. This act shall  take  effect  on  the  first  of  September  next
    44  succeeding the date on which it shall have become a law.
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