Provides that the requirement for restaurants to provide public toilet facilities shall be extended to all restaurants with a seating capacity of ten or more regardless of the date of commencement of operation as a restaurant with the exception that New York city restaurants shall be "grandfathered" under previous requirements.

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S1336-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Jan 6, 2011: REFERRED TO HEALTH

S1336-2011 Memo

BILL NUMBER:S1336

TITLE OF BILL:
An act
to amend the public health law, in relation to requiring public
toilet facilities in restaurants with a seating capacity of ten or
more

PURPOSE OR GENERAL IDEA OF BILL:
To reduce the present seating minimum
of twenty to ten in which public toilet facilities must be provided
and maintained in any public place where food is sold for consumption
on the premise from twenty to ten.

JUSTIFICATION:
The required seating capacity that the law mandates for
public places to maintain a toilet facility is twenty. Ten is a more
reasonable number of seats to require installation of a toilet
facility.

PRIOR LEGISLATIVE HISTORY:
2009/10 - S.1105
2007/08 - S.1510
2005/06 - S.1608A
2003/04 - S.6570/A.383
2001/02 - S.1642/A.2625
1999/00 - S.1846/A.3161
1997/98 - S.3707/A.9397
1995/96 - S.2475
1993/94 - S.1674

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
One year after enactment.

S1336-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1336

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- read twice
    and ordered printed, and when printed to be committed to the Committee
    on Health

  AN ACT to amend the public health law, in relation to  requiring  public
    toilet  facilities  in  restaurants  with a seating capacity of ten or
    more

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivisions 1 and 2 of section 1352-a of the public health
  law, as added by chapter 774 of the laws of 1977, are amended to read as
  follows:

    1.   A person or corporation operating an establishment with a seating
  capacity of [twenty] TEN or more wherein food is sold for consumption on
  the premises  shall  provide  appropriately  identified  and  maintained
  public toilet facilities except that if there exists alternate available
  facilities  in  the same building wherein such establishment is located,
  suitable public notice of such  alternate  facility  shall  suffice  for
  purposes of this [act] SECTION.
    2.  [The]  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OR MORE, THE
  provisions of subdivision one of  this  section  shall  [not]  apply  to
  establishments  [in operation on] NEWLY OPENED FOR BUSINESS ON AND AFTER
  the effective date of this [act] SECTION.
    S 2. This act shall take effect on the three hundred  sixty-fifth  day
  after it shall have become a law.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02673-01-1