Bill Text: NY S05371 | 2009-2010 | 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 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S05371 Detail]

Download: New_York-2009-S05371-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5371
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
         and when printed to be committed to the Committee on Commerce, Econom-
         ic Development and Small Business
       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;
   22    (C)  THE VIDEO SURVEILLANCE CAMERAS SHALL RECORD AT A MINIMUM SPEED OF
   23  FIFTEEN FRAMES PER SECOND;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03405-01-9
       S. 5371                             2
    1    (D) THE VIDEO SURVEILLANCE CAMERA IMAGES SHALL  BE  CAPABLE  OF  BEING
    2  VIEWED  THROUGH USE OF APPROPRIATE TECHNOLOGY, INCLUDING BUT NOT LIMITED
    3  TO A COMPUTER SCREEN OR CLOSED CIRCUIT TELEVISION MONITOR;
    4    (E)  THE  VIDEO  SURVEILLANCE CAMERA SYSTEM SHALL BE CAPABLE OF TRANS-
    5  FERRING THE RECORDED IMAGES TO A PORTABLE FORM OF MEDIA,  INCLUDING  BUT
    6  NOT LIMITED TO COMPACT DISC OR DIGITAL VIDEO DISC;
    7    (F) THE VIDEO SURVEILLANCE CAMERAS SHALL NOT HAVE AN AUDIO CAPABILITY;
    8    (G) THE VIDEO SURVEILLANCE CAMERAS SHALL BE MAINTAINED IN GOOD WORKING
    9  CONDITION;
   10    (H)  EXCEPT  AS  OTHERWISE  PROVIDED  BY  RULE, THE VIDEO SURVEILLANCE
   11  CAMERAS SHALL BE IN OPERATION  AND  RECORDING  CONTINUOUSLY  DURING  ALL
   12  HOURS  OF  OPERATION  OF THE CABARET AND FOR TWO HOURS AFTER THE CABARET
   13  CLOSES;
   14    (I) THE RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
   15  MAINTAINED  PURSUANT TO THIS SECTION SHALL BE INDEXED BY DATES AND TIMES
   16  AND PRESERVED FOR A MINIMUM OF THIRTY DAYS SO  THAT  THEY  MAY  BE  MADE
   17  AVAILABLE  TO  THE AUTHORITY, THE POLICE DEPARTMENT AND OTHER GOVERNMENT
   18  AGENCIES ACTING IN FURTHERANCE OF A CRIMINAL INVESTIGATION OR A CIVIL OR
   19  ADMINISTRATIVE LAW ENFORCEMENT PURPOSE;
   20    (J) ALL RECORDINGS MADE BY VIDEO SURVEILLANCE  CAMERAS  INSTALLED  AND
   21  MAINTAINED  PURSUANT  TO  THIS  SECTION  WHILE  IN THE POSSESSION OF THE
   22  CABARET SHALL BE STORED IN A LOCKED RECEPTACLE LOCATED IN  A  CONTROLLED
   23  ACCESS  AREA,  TO  WHICH ONLY AUTHORIZED PERSONNEL HAVE ACCESS, OR SHALL
   24  OTHERWISE BE SECURED SO THAT ONLY AUTHORIZED PERSONNEL MAY  ACCESS  SUCH
   25  VIDEO   RECORDINGS.  ALL  PERSONNEL  AUTHORIZED  TO  ACCESS  SUCH  VIDEO
   26  RECORDINGS MUST CERTIFY IN WRITING THAT THEY HAVE BEEN INFORMED  ON  THE
   27  APPROPRIATE  USE  AND  RETENTION  OF  RECORDINGS  AS  SET  FORTH IN THIS
   28  SECTION, AND ON THE LEGAL ISSUES ASSOCIATED WITH VIDEO SURVEILLANCE  AND
   29  THE USE AND RETENTION OF RECORDINGS. THE CABARET SHALL KEEP A LOG OF ALL
   30  INSTANCES  OF  REQUESTS  FOR  ACCESS  TO,  AND DISSEMINATION AND USE OF,
   31  RECORDED MATERIALS MADE BY  VIDEO  SURVEILLANCE  CAMERAS  INSTALLED  AND
   32  MAINTAINED  PURSUANT  TO  THIS  SECTION. COPIES OF THE CERTIFICATIONS BY
   33  AUTHORIZED EMPLOYEES AND OF THE ACCESS LOG  SHALL  BE  PROVIDED  TO  THE
   34  AUTHORITY IN ACCORDANCE WITH ITS RULES;
   35    (K)  THE USE OR DISSEMINATION OF RECORDINGS MADE BY VIDEO SURVEILLANCE
   36  CAMERAS INSTALLED AND MAINTAINED PURSUANT TO THIS SECTION  IN  VIOLATION
   37  OF  THE  PENAL LAW OR SECTION FIFTY OF THE CIVIL RIGHTS LAW SHALL RESULT
   38  IN SUSPENSION OR REVOCATION OF A LICENSE AND A FINE  OF  NOT  LESS  THAN
   39  FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS; AND
   40    (L) THE CABARET SHALL POST SIGNAGE AT APPROPRIATE LOCATIONS, AS DETER-
   41  MINED BY RULE OF THE AUTHORITY, TO NOTIFY THE PUBLIC OF ITS USE OF VIDEO
   42  SURVEILLANCE EQUIPMENT AND THE LOCATIONS OF VIDEO SURVEILLANCE EQUIPMENT
   43  SO THAT THE PUBLIC HAS SUFFICIENT WARNING THAT SURVEILLANCE IS IN OPERA-
   44  TION.
   45    3. EACH PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT,
   46  OR  ENSURE  THE  SUBMISSION  OF, A REPORT TO THE AUTHORITY WITHIN THIRTY
   47  DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF A  NEW
   48  CABARET WITHIN THIRTY DAYS AFTER THE ESTABLISHMENT OF SUCH CABARET. SUCH
   49  REPORT  SHALL  CERTIFY  THAT  THE  CABARET  IS  IN  COMPLIANCE WITH THIS
   50  SECTION. REPORTS FILED PURSUANT TO THIS SUBDIVISION SHALL  BE  SUBMITTED
   51  IN  SUCH  FORM  AND  MANNER  AND CONTAINING SUCH INFORMATION AS SHALL BE
   52  PROVIDED BY RULE OF THE AUTHORITY.
   53    4. THE AUTHORITY SHALL CONDUCT PERIODIC INSPECTIONS  OF  LICENSEES  TO
   54  ENSURE  COMPLIANCE WITH THE USE AND RETENTION POLICIES SET FORTH IN THIS
   55  SECTION.
       S. 5371                             3
    1    S 3. Rules and regulations. The chairman of the state liquor authority
    2  is hereby authorized and directed to promulgate  rules  and  regulations
    3  necessary  for the implementation of this act on or before the effective
    4  date of this act.
    5    S  4.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law.