Bill Text: NY A01323 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts "Imette's Law"; mandates that every owner of an cabaret establishment, but which is not a restaurant, shall install security cameras at every entrance and exit of such establishment.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-05-15 - defeated in economic development [A01323 Detail]

Download: New_York-2011-A01323-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1323
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ, P. RIVERA, LATIMER, ARROYO -- Multi-Spon-
         sored by -- M. of A.  BOYLAND, MAYERSOHN, ROBINSON, WEISENBERG -- read
         once and referred  to  the  Committee  on  Economic  Development,  Job
         Creation, Commerce and Industry
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         mandating the installation of security cameras in  cabaret  establish-
         ments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "Imette's Law".
    3    S  2.    The alcoholic beverage control law is amended by adding a new
    4  section 64-e to read as follows:
    5    S 64-E. INSTALLATION OF SECURITY CAMERAS IN CABARET ESTABLISHMENTS. 1.
    6  NO ONE SHALL OPERATE A CABARET LICENSED PURSUANT TO THIS SECTION  UNLESS
    7  ALL  ENTRANCES AND EXITS USED BY PATRONS ARE EQUIPPED WITH DIGITAL VIDEO
    8  SURVEILLANCE CAMERAS, PROVIDED, HOWEVER, THAT  THIS  SECTION  SHALL  NOT
    9  APPLY  TO  AN  ESTABLISHMENT THAT OPERATES PRIMARILY AS A RESTAURANT, AS
   10  DEFINED BY SECTION SIXTY-FOUR-C OF THIS ARTICLE,  DURING  ALL  HOURS  OF
   11  OPERATION.
   12    2.  DIGITAL VIDEO SURVEILLANCE SYSTEMS SHALL COMPLY WITH THE FOLLOWING
   13  PROVISIONS AND WITH THE RULES OF THE AUTHORITY:
   14    (A) THE VIDEO SURVEILLANCE CAMERAS SHALL  BE  DIGITAL  IN  NATURE  AND
   15  SHALL  BE OF SUFFICIENT NUMBER, TYPE, PLACEMENT AND LOCATION TO VIEW AND
   16  RECORD ALL ACTIVITY IN FRONT OF AND WITHIN FIFTEEN FEET OF  EITHER  SIDE
   17  OF EACH ENTRANCE OR EXIT;
   18    (B)  THE VIDEO SURVEILLANCE CAMERAS SHALL BE SUFFICIENTLY LIGHT SENSI-
   19  TIVE AND PROVIDE SUFFICIENT IMAGE RESOLUTION  (SUPPORTED  BY  ADDITIONAL
   20  LIGHTING  IF NECESSARY) TO PRODUCE EASILY DISCERNIBLE IMAGES RECORDED AT
   21  ALL TIMES;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03649-01-1
       A. 1323                             2
    1    (C) THE VIDEO SURVEILLANCE CAMERAS SHALL RECORD AT A MINIMUM SPEED  OF
    2  FIFTEEN FRAMES PER SECOND;
    3    (D)  THE  VIDEO  SURVEILLANCE  CAMERA IMAGES SHALL BE CAPABLE OF BEING
    4  VIEWED THROUGH USE OF APPROPRIATE TECHNOLOGY, INCLUDING BUT NOT  LIMITED
    5  TO A COMPUTER SCREEN OR CLOSED CIRCUIT TELEVISION MONITOR;
    6    (E)  THE  VIDEO  SURVEILLANCE CAMERA SYSTEM SHALL BE CAPABLE OF TRANS-
    7  FERRING THE RECORDED IMAGES TO A PORTABLE FORM OF MEDIA,  INCLUDING  BUT
    8  NOT LIMITED TO COMPACT DISC OR DIGITAL VIDEO DISC;
    9    (F) THE VIDEO SURVEILLANCE CAMERAS SHALL NOT HAVE AN AUDIO CAPABILITY;
   10    (G) THE VIDEO SURVEILLANCE CAMERAS SHALL BE MAINTAINED IN GOOD WORKING
   11  CONDITION;
   12    (H)  EXCEPT  AS  OTHERWISE  PROVIDED  BY  RULE, THE VIDEO SURVEILLANCE
   13  CAMERAS SHALL BE IN OPERATION  AND  RECORDING  CONTINUOUSLY  DURING  ALL
   14  HOURS  OF  OPERATION  OF THE CABARET AND FOR TWO HOURS AFTER THE CABARET
   15  CLOSES;
   16    (I) THE RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
   17  MAINTAINED  PURSUANT TO THIS SECTION SHALL BE INDEXED BY DATES AND TIMES
   18  AND PRESERVED FOR A MINIMUM OF THIRTY DAYS SO  THAT  THEY  MAY  BE  MADE
   19  AVAILABLE  TO  THE AUTHORITY, THE POLICE DEPARTMENT AND OTHER GOVERNMENT
   20  AGENCIES ACTING IN FURTHERANCE OF A CRIMINAL INVESTIGATION OR A CIVIL OR
   21  ADMINISTRATIVE LAW ENFORCEMENT PURPOSE;
   22    (J) ALL RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
   23  MAINTAINED  PURSUANT  TO  THIS  SECTION  WHILE  IN THE POSSESSION OF THE
   24  CABARET SHALL BE STORED IN A LOCKED RECEPTACLE LOCATED IN  A  CONTROLLED
   25  ACCESS  AREA,  TO  WHICH ONLY AUTHORIZED PERSONNEL HAVE ACCESS, OR SHALL
   26  OTHERWISE BE SECURED SO THAT ONLY AUTHORIZED PERSONNEL MAY  ACCESS  SUCH
   27  VIDEO   RECORDINGS.  ALL  PERSONNEL  AUTHORIZED  TO  ACCESS  SUCH  VIDEO
   28  RECORDINGS MUST CERTIFY IN WRITING THAT THEY HAVE BEEN INFORMED  ON  THE
   29  APPROPRIATE  USE  AND  RETENTION  OF  RECORDINGS  AS  SET  FORTH IN THIS
   30  SECTION, AND ON THE LEGAL ISSUES ASSOCIATED WITH VIDEO SURVEILLANCE  AND
   31  THE USE AND RETENTION OF RECORDINGS. THE CABARET SHALL KEEP A LOG OF ALL
   32  INSTANCES  OF  REQUESTS  FOR  ACCESS  TO,  AND DISSEMINATION AND USE OF,
   33  RECORDED MATERIALS MADE BY  VIDEO  SURVEILLANCE  CAMERAS  INSTALLED  AND
   34  MAINTAINED  PURSUANT  TO  THIS  SECTION. COPIES OF THE CERTIFICATIONS BY
   35  AUTHORIZED EMPLOYEES AND OF THE ACCESS LOG  SHALL  BE  PROVIDED  TO  THE
   36  AUTHORITY IN ACCORDANCE WITH ITS RULES;
   37    (K)  THE USE OR DISSEMINATION OF RECORDINGS MADE BY VIDEO SURVEILLANCE
   38  CAMERAS INSTALLED AND MAINTAINED PURSUANT TO THIS SECTION  IN  VIOLATION
   39  OF  THE  PENAL LAW OR SECTION FIFTY OF THE CIVIL RIGHTS LAW SHALL RESULT
   40  IN SUSPENSION OR REVOCATION OF A LICENSE AND A FINE  OF  NOT  LESS  THAN
   41  FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS; AND
   42    (L) THE CABARET SHALL POST SIGNAGE AT APPROPRIATE LOCATIONS, AS DETER-
   43  MINED BY RULE OF THE AUTHORITY, TO NOTIFY THE PUBLIC OF ITS USE OF VIDEO
   44  SURVEILLANCE EQUIPMENT AND THE LOCATIONS OF VIDEO SURVEILLANCE EQUIPMENT
   45  SO THAT THE PUBLIC HAS SUFFICIENT WARNING THAT SURVEILLANCE IS IN OPERA-
   46  TION.
   47    3. EACH PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT,
   48  OR  ENSURE  THE  SUBMISSION  OF, A REPORT TO THE AUTHORITY WITHIN THIRTY
   49  DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF A  NEW
   50  CABARET WITHIN THIRTY DAYS AFTER THE ESTABLISHMENT OF SUCH CABARET. SUCH
   51  REPORT  SHALL  CERTIFY  THAT  THE  CABARET  IS  IN  COMPLIANCE WITH THIS
   52  SECTION. REPORTS FILED PURSUANT TO THIS SUBDIVISION SHALL  BE  SUBMITTED
   53  IN  SUCH  FORM  AND  MANNER  AND CONTAINING SUCH INFORMATION AS SHALL BE
   54  PROVIDED BY RULE OF THE AUTHORITY.
       A. 1323                             3
    1    4. THE AUTHORITY SHALL CONDUCT PERIODIC INSPECTIONS  OF  LICENSEES  TO
    2  ENSURE  COMPLIANCE WITH THE USE AND RETENTION POLICIES SET FORTH IN THIS
    3  SECTION.
    4    S 3. Rules and regulations. The chairman of the state liquor authority
    5  is  hereby  authorized  and directed to promulgate rules and regulations
    6  necessary for the implementation of this act on or before the  effective
    7  date of this act.
    8    S  4.  This  act shall take effect on the ninetieth day after it shall
    9  have become a law.