Bill Text: NY S05316 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the safety of amusement devices at places of public accommodation; authorizes the commissioner to make rules relating to the assembly, disassembly and use of such amusement devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S05316 Detail]

Download: New_York-2017-S05316-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5316
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 21, 2017
                                       ___________
        Introduced  by Sen. ALCANTARA -- (at request of the Department of Labor)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Labor
        AN ACT to amend the labor law, in relation to the  safety  of  amusement
          devices at places of public accommodation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 870-a of the labor law, as amended
     2  by chapter 643 of the laws of 1986, is amended to read as follows:
     3    1. The purpose of this article is to guard against  personal  injuries
     4  in  the  assembly,  disassembly  and  use  of amusement devices, viewing
     5  stands and tents at carnivals, fairs and amusement parks  and  amusement
     6  devices  at  places  of  public  accommodation to persons employed at or
     7  attending the same, and, in the event of a personal injury, to insure to
     8  the injured party the possibility of financial recovery as  against  the
     9  owner  of  the  carnival,  fair  [or], amusement park or place of public
    10  accommodation where the injury occurred.
    11    § 2. Subdivision 1 of section 870-b of the labor law,  as  amended  by
    12  chapter 643 of the laws of 1986, is amended to read as follows:
    13    1. This article applies to amusement devices, viewing stands and tents
    14  at  carnivals,  fairs  and  amusement parks where an admission or fee is
    15  customarily or usually charged located within the  state,  to  amusement
    16  devices  at  places  of public accommodation and to the managers of such
    17  devices, to the persons employed in connection  with  the  same  and  to
    18  their employees.
    19    §  3. Section 870-c of the labor law is amended by adding a new subdi-
    20  vision 18 to read as follows:
    21    18. "Places of public accommodation" means any  commercial  establish-
    22  ments  dealing  with goods and services of any kind including those that
    23  sell or provide food or beverages, including, but not limited to,  shop-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10109-01-7

        S. 5316                             2
     1  ping centers, malls, wholesale and retail stores, restaurants, bars, and
     2  any other place designated by the commissioner.
     3    §  4. Section 870-i of the labor law, as amended by chapter 643 of the
     4  laws of 1986, is amended to read as follows:
     5    § 870-i. Additional rule making. The commissioner may make  additional
     6  rules consistent with this article guarding against personal injuries in
     7  the  assembly,  disassembly and use of amusement devices, viewing stands
     8  and tents at carnivals, fairs and amusement parks and amusement  devices
     9  at  places  of public accommodation to persons employed at or to persons
    10  attending the carnivals, fairs [and], amusement  parks,  and  places  of
    11  public accommodation. Where the carnivals, fairs [and], amusement parks,
    12  and  places  of  public accommodation are located within the city of New
    13  York, the department of buildings of the city of New York may also  make
    14  and enforce such additional rules.
    15    §  5. Subdivision (a) of section 870-m of the labor law, as amended by
    16  chapter 643 of the laws of 1986, is amended to read as follows:
    17    (a) In the case of an amusement device, viewing stand or tent operated
    18  in a carnival, fair [or], amusement park or  place  of  public  accommo-
    19  dation  located  in  a  city  having a population of over one million, a
    20  permit or license issued by such city shall satisfy the requirements  of
    21  section  eight  hundred seventy-d of this article, provided that all the
    22  requirements for issuance of a permit  by  the  commissioner  have  been
    23  satisfied.
    24    § 6. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.
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