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 - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT 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. LBD08077-02-9S. 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.
