NY State Senate Bill 2013-S1909

Senate Bill S1909

2013-2014 Legislative Session

Directs persons licensed for on-premises consumption of alcoholic beverages to have a criminal background history check performed on prospective bouncers

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to investigations and government operations
Jan 09, 2013	referred to investigations and government operations

2013-S1909 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 106 & 17, ABC L; amd §89-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S5408

2013-S1909 (ACTIVE) - Summary

Directs persons licensed for on-premises consumption of alcoholic beverages to have a criminal background history check performed on prospective bouncers; defines the term "bouncer"; provides for the establishment and certification of bouncer training programs by the state liquor authority; requires certain bouncers to be so certified and provides incentives to the employers of persons not required to be so certified but do receive such certification

2013-S1909 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1909

TITLE  OF BILL:   An act to amend the alcoholic beverage control law and
the general business law, in relation to  criminal  history  information
for  persons  employed  as  bouncers  at  retail  licensed  premises for
on-premises consumption and directing  the  state  liquor  authority  to
establish a certification program for bouncers

PURPOSE OF BILL:  This bill clarifies the Alcoholic Beverage Control Law
and the General Business Law by defining who is a "bouncer", establishes
the requirements, and a class, to become a certified "bouncer", and sets
out  when a certified "bouncer" is required and establishes an incentive
for premises  that  utilize  certified  "bouncers"  when  they  are  not
required by law to do so.

SUMMARY OF PROVISIONS:

Section  1  amends  Section  3  of the Alcoholic Beverage Control Law to
define "bouncer" as a person employed by an on-premises retail  licensee
where  the  principal  basis for such person's employment is to keep the
general peace upon the licensed premises of such licensee.  The  section
further  exempts  certain  people  from  "bouncer"  classification. This
section also defines "criminal history information"  as  it  relates  to
background checks for bouncers.

Section  2  amends  Section  1O of the Alcoholic Beverage Control Law to

require that all retail licensees fox on-premises  consumption  licensed
pursuant  to  section  sixty-four-d of this chapter and all other retail
licenses for on premises consumption with  a  capacity  of  two  hundred
fifty  persons  or more that employ one or more bouncers shall require a
criminal background check of prospective bouncers  and  establishes  the
criteria for doing so.

Section  3  amends  Section  17 of the Alcoholic Beverage Control Law to
require the State Liquor Authority  to  notify  licensees  licensed  for
on-premises  consumption  of  the  requirement  for certain licensees to
obtain criminal history information of a  prospective  bouncer  and  the
requirements  to  obtain such criminal history information. This section
also requires the State Liquor Authority to develop and establish  mini-
mum criteria for bouncer training programs and the guidelines for admin-
istering  such  programs. This section concludes by requiring all retail
licensees for  on-premises  consumption  licensed  pursuant  to  section
sixty-four-d  of this chapter and all other retail licenses for on-prem-
ises consumption with a capacity of two hundred fifty  persons  or  more
that  employ  one  of  more  bouncers  require said bouncers to obtain a
certificate of completion from a bouncer  training  program,  holding  a
certificate of approval within thirty days of employment as a bouncer.

Section 4 establishes an incentive, which limits the fine for a proceed-
ing  pursuant  to  section  one hundred eighteen of this article, if the
licensee has not had any adjudicated violations  within  the  last  five

years, if all bouncers present at the time of the violation, employed by
the  licensee's  premises  where  the  violation occurred were certified
bouncers.

Section  5 amends the General Business Law to exempt bouncers and licen-
sees for the on-premises consumption of alcoholic beverages  from  being
classified as "security guards" or as a "security guard company".

Section 6 sets the effective date of this act as the one hundred twenti-
eth day after it has become a law.

JUSTIFICATION:    The  New York State Legislature enacted legislation in
1992 requiring all security guards to be registered,  complete  required
training,  and submit to a criminal background check. Despite amendments
to the law enacted in 1994, the Department of State has interpreted this
law to apply to employees of restaurants, taverns and  fraternal  organ-
izations who check patrons to ensure they're not underage or intoxicated
-  a  basic responsibility of all alcohol beverage licensees - placing a
substantial burden on thousands of small business owners throughout  the
State  who  were  never intended to be the subject of the security guard
law.

Recently, the Department of State proposed new  regulations  seeking  to
place  in  the agency's formal rules their position that includes in the
definition of security guards, individuals employed in  restaurants  and
taverns  that  as  any part of their job perform those functions, adding
tens of thousands if not hundreds of thousands of  waiters,  waitresses,
bartenders  and  other  service  personnel. No changes have been made to
make the training useful for those employees in the  food  and  beverage
industry.

This  bill  clarifies  that  the  security  guard  act does not apply to
on-premise alcohol beverage licensed establishments and  establishes  in
the  alcohol  beverage  control  law  standards and criteria for bouncer
training and criminal background checks. It provides a clear  definition
of  a  bouncer  under  the law and under what circumstances a bouncer is
required to participate in training and subject to a criminal background
check. These provisions will result in a training program that  is  more
focused on the duties of a bouncer rather than a security guard.

By  requiring  bouncers in establishments with a capacity for 250 people
or more to be subject to the training and  criminal  background  checks,
the  burden of the law is placed on those establishments with the great-
est potential impact on the public safety while not saddling small busi-
ness owners unnecessarily. The  provisions  creating  an  incentive  for
establishments  with  a  capacity of less than 250 people to voluntarily
subject their employees to the training and  criminal  background  check
program  will  increase  the  number  of businesses participating in the
program and expand the benefits to the public.

LEGISLATIVE HISTORY:  2012 - Investigations and Government Operations

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE  DATE:  This act shall take place on the one hundred twentieth
day after it has become a law.

2013-S1909 (ACTIVE) - Bill Text download pdf

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

                                  1909

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law and the general busi-
  ness law, in relation to  criminal  history  information  for  persons
  employed  as  bouncers  at  retail  licensed  premises for on-premises
  consumption and directing the state liquor authority  to  establish  a
  certification program for bouncers

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

  Section 1. Section 3 of the alcoholic beverage control law is  amended
by adding two new subdivisions 6-a and 9-b to read as follows:
  6-A.  "BOUNCER"  SHALL MEAN A PERSON EMPLOYED BY AN ON-PREMISES RETAIL
LICENSEE WHERE THE PRINCIPAL BASIS FOR SUCH PERSON'S  EMPLOYMENT  IS  TO
GENERALLY KEEP THE PEACE UPON THE LICENSED PREMISES OF SUCH LICENSEE, OR
TO SCREEN POTENTIAL CUSTOMERS FOR SUITABLE ATTIRE OR CLOTHING.  A BOUNC-
ER SHALL NOT INCLUDE (I) ANY PERSON WHOSE PRINCIPAL DUTIES ARE TO ASSIST
IN  COMPLIANCE WITH SECTION SIXTY-FIVE OF THIS CHAPTER BY CHECKING IDEN-
TIFICATION, OR ASSESSING THE STATE OF IMPAIRMENT OF PERSONS ON OR  ABOUT
THE  LICENSED  PREMISES,  OR  ANY  PERSON WHOSE PRINCIPAL DUTIES ARE THE
SERVING OF FOOD AND BEVERAGES TO PATRONS, OR (II) ANY PERSON EMPLOYED AS
A SECURITY GUARD AT A THEATRE,  ARENA,  STADIUM  OR  OTHER  PLACE  WHERE
PUBLIC  EXHIBITIONS,  GAMES,  CONTESTS  AND/OR  PERFORMANCES  ARE  HELD,
PROVIDED THAT SUCH PERSON IS A REGISTERED  SECURITY  GUARD  PURSUANT  TO
ARTICLE SEVEN-A OF THE GENERAL BUSINESS LAW.
  9-B.  "CRIMINAL  HISTORY  INFORMATION"  SHALL  MEAN  A  RECORD  OF ALL
CONVICTIONS OF CRIMES MAINTAINED ON AN INDIVIDUAL  BY  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05279-02-3

S. 1909                             2

  S 2. Section 106 of the alcoholic beverage control law is  amended  by
adding a new subdivision 16 to read as follows:
  16.  (A)  ALL  RETAIL  LICENSEES  FOR ON-PREMISES CONSUMPTION LICENSED
PURSUANT TO SECTION SIXTY-FOUR-D OF THIS CHAPTER AND  ALL  OTHER  RETAIL
LICENSEES  FOR  ON-PREMISES  CONSUMPTION  WITH A CAPACITY OF TWO HUNDRED
FIFTY PERSONS OR MORE THAT EMPLOY ONE OR MORE BOUNCERS SHALL:
  (1) REQUIRE AN APPLICANT FOR EMPLOYMENT AS A BOUNCER TO SUBMIT  A  SET
OF  FINGERPRINTS  TO  SUCH  LICENSEE IN ORDER TO OBTAIN CRIMINAL HISTORY
INFORMATION. SUCH CRIMINAL HISTORY INFORMATION SHALL BE OBTAINED ACCORD-
ING TO THE PROVISIONS OF THIS SUBDIVISION;
  (2) TO THE EXTENT PERMITTED BY LAW, REQUEST FROM A PERSON APPLYING FOR
EMPLOYMENT AS A BOUNCER  A  STATEMENT  OF  HIS  OR  HER  PRIOR  CRIMINAL
CONVICTIONS IN THIS STATE OR ANY OTHER JURISDICTION. PRIOR TO REQUESTING
INFORMATION  ON  PRIOR  CRIMINAL  CONVICTION FROM A PROSPECTIVE BOUNCER,
SUCH LICENSEE SHALL:
  (A) INFORM THE PROSPECTIVE BOUNCER IN WRITING THAT  SUCH  LICENSEE  IS
REQUIRED  TO  REQUEST  HIS  OR HER CRIMINAL HISTORY INFORMATION FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND REVIEW SUCH INFORMATION PURSU-
ANT TO THIS SUBDIVISION;
  (B) INFORM THE PROSPECTIVE BOUNCER THAT BEFORE SUCH LICENSEE  REQUESTS
SUCH CRIMINAL HISTORY INFORMATION, THE PROSPECTIVE BOUNCER HAS THE RIGHT
TO  OBTAIN,  REVIEW  AND  SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY
INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES  ESTABLISHED  BY  THE
DIVISION OF CRIMINAL JUSTICE SERVICES; AND
  (C) OBTAIN THE SIGNED INFORMED CONSENT OF THE PROSPECTIVE BOUNCER ON A
FORM  SUPPLIED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES WHICH INDI-
CATES THAT SUCH PROSPECTIVE BOUNCER HAS:
  (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
  (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION; AND
  (III) CONSENTED TO SUCH REQUEST; AND
  (3)  UPON  RECEIVING  WRITTEN CONSENT, OBTAIN THE FINGERPRINTS OF SUCH
PROSPECTIVE BOUNCER IN SUCH FORM AND MANNER AS SHALL BE SPECIFIED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  (B) SUCH LICENSEE MAY DESIGNATE ONE PERSON IN HIS OR  HER  EMPLOY  WHO
SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW SUCH CRIMINAL HISTORY
INFORMATION,  AND  ONLY  SUCH  LICENSEE,  HIS  OR  HER  DESIGNEE AND THE
PROSPECTIVE BOUNCER TO WHICH THE CRIMINAL  HISTORY  INFORMATION  RELATES
SHALL HAVE ACCESS TO SUCH INFORMATION.
  (C)  SUCH  LICENSEE, OR HIS OR HER DESIGNEE, SHALL PROMPTLY SUBMIT THE
FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES  IN  A  MANNER
PRESCRIBED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES AND SHALL
REQUEST AND IS AUTHORIZED TO  RECEIVE  FROM  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  CRIMINAL HISTORY INFORMATION CONCERNING SUCH PROSPEC-
TIVE BOUNCER.
  (D) NOTWITHSTANDING THE PROVISIONS OF ANY  LAW  TO  THE  CONTRARY,  NO
PERSON  APPLYING  FOR EMPLOYMENT AS A BOUNCER SHALL BE CHARGED A FEE FOR
THE CRIMINAL HISTORY BACKGROUND CHECK REQUIRED BY THIS SUBDIVISION.
  (E) SUCH LICENSEE, OR HIS OR HER DESIGNEE, SHALL CONSIDER SUCH  CRIMI-
NAL HISTORY INFORMATION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW.
  (F)  SUCH LICENSEE, OR HIS OR HER DESIGNEE, SHALL, UPON RECEIPT OF ANY
PERSON'S CRIMINAL HISTORY INFORMATION, IMMEDIATELY  MARK  SUCH  CRIMINAL
HISTORY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH
CRIMINAL  HISTORY INFORMATION IN A SECURE PLACE. CRIMINAL HISTORY INFOR-

S. 1909                             3

MATION RECEIVED PURSUANT TO THIS SUBDIVISION SHALL NOT BE  PUBLISHED  OR
IN ANY WAY DISCLOSED OR REDISCLOSED TO PERSONS OTHER THAN SUCH LICENSEE,
OR  HIS  OR  HER  DESIGNEE,  AND THE PROSPECTIVE BOUNCER. ANY PERSON WHO
WILLFULLY  RELEASES  OR PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL
HISTORY INFORMATION RECEIVED PURSUANT TO THIS SUBDIVISION TO PERSONS NOT
AUTHORIZED BY THIS SUBDIVISION TO  RECEIVE  SUCH  INFORMATION  SHALL  BE
GUILTY  OF A CLASS A MISDEMEANOR. ANY UNAUTHORIZED DISCLOSURE OF FINGER-
PRINTS OR CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO THIS  SUBDI-
VISION  SHALL  ALSO ENTITLE THE SUBJECT OF SUCH FINGERPRINTS OR CRIMINAL
HISTORY INFORMATION TO RECOVER A CIVIL AWARD OF DAMAGES  RESULTING  FROM
SUCH  UNAUTHORIZED DISCLOSURE, TOGETHER WITH COSTS AND REASONABLE ATTOR-
NEY'S FEES.
  (G) CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION OF  CRIMINAL
JUSTICE SERVICES PURSUANT TO THIS SUBDIVISION SHALL BE FURNISHED ONLY BY
MAIL  OR  OTHER METHOD OF SECURE AND CONFIDENTIAL DELIVERY, ADDRESSED TO
THE AUTHORIZED RECIPIENT. SUCH INFORMATION AND THE ENVELOPE IN WHICH  IT
IS  ENCLOSED,  IF  ANY,  SHALL BE PROMINENTLY MARKED "CONFIDENTIAL", AND
SHALL AT ALL TIMES BE MAINTAINED BY THE RECIPIENT IN A SECURE PLACE.
  (H)  FINGERPRINTS  AND  CRIMINAL  HISTORY  INFORMATION  CONCERNING   A
PROSPECTIVE BOUNCER SHALL BE RETURNED TO SUCH PROSPECTIVE BOUNCER WITHIN
NINETY  DAYS OF RECEIPT UPON A DENIAL OF EMPLOYMENT OR SHALL BE RETURNED
WHEN SUCH PROSPECTIVE BOUNCER LEAVES SUCH EMPLOYMENT.
  (I) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE ALL
RULES AND REGULATIONS NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
SUBDIVISION,  WHICH  SHALL INCLUDE CONVENIENT PROCEDURES FOR PROSPECTIVE
BOUNCERS TO PROMPTLY VERIFY  THE  ACCURACY  OF  THEIR  CRIMINAL  HISTORY
INFORMATION  AND,  TO  THE  EXTENT  AUTHORIZED BY LAW, TO HAVE ACCESS TO
RELEVANT DOCUMENTS RELATED THERETO.
  S 3. Section 17 of the alcoholic beverage control law  is  amended  by
adding two new subdivisions 10 and 11 to read as follows:
  10.  TO  PREPARE  AND  DISSEMINATE  INFORMATION  TO  ADVISE  LICENSEES
LICENSED FOR ON-PREMISES CONSUMPTION  OF  THE  REQUIREMENT  FOR  CERTAIN
LICENSEES  TO  OBTAIN  THE CRIMINAL HISTORY INFORMATION OF A PROSPECTIVE
BOUNCER PURSUANT TO SUBDIVISION SIXTEEN OF SECTION ONE  HUNDRED  SIX  OF
THIS  CHAPTER.  SUCH  INFORMATION SHALL ALSO INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
  (A) WHICH LICENSEES ARE SUBJECT TO THE  CRIMINAL  HISTORY  INFORMATION
REQUIREMENTS;
  (B)  THE  STEPS  NECESSARY TO PERFORM THE CRIMINAL HISTORY INFORMATION
CHECK, INCLUDING INFORMATION ON FORM AVAILABILITY AND FINGERPRINTING;
  (C) APPLICABLE CONFIDENTIALITY REQUIREMENTS;
  (D) THE REQUIREMENTS OF ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW
RELATED  TO THE PERMISSIVE USE OF CRIMINAL HISTORY INFORMATION IN HIRING
DECISIONS; AND
  (E) OTHER INFORMATION THAT IS AVAILABLE TO PROSPECTIVE EMPLOYERS  UPON
THE  CONSENT  OF  A  PROSPECTIVE  BOUNCER  INCLUDING  BUT NOT LIMITED TO
DEPARTMENT OF MOTOR VEHICLES RECORDS,  EDUCATIONAL  RECORDS  AND  CREDIT
RECORDS,  INCLUDING,  WHERE  RELEVANT  AND AVAILABLE, TELEPHONE NUMBERS,
ADDRESSES, AND A DESCRIPTION OF THE CONTENT AND POTENTIAL USES  OF  SUCH
RECORDS.
  11. (A) TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR BOUNCER TRAINING
PROGRAMS  WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS AND OTHER ENTI-
TIES INCLUDING TRADE  ASSOCIATIONS  WHOSE  MEMBERS  ARE  ENGAGED  IN  OR
INVOLVED  IN  THE  RETAIL  SALE  OF  ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR  THE  ISSUANCE  OF  CERTIF-
ICATES  OF APPROVAL TO ALL CERTIFIED BOUNCER TRAINING PROGRAMS.  CERTIF-

S. 1909                             4

ICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAILURE TO ADHERE
TO THE AUTHORITY'S RULES AND REGULATIONS.  SUCH  RULES  AND  REGULATIONS
SHALL  AFFORD  THOSE  WHO  HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN
OPPORTUNITY  FOR  A  HEARING  PRIOR TO ANY DETERMINATION OF WHETHER SUCH
CERTIFICATE SHOULD BE REVOKED.
  (B) A FEE IN THE AMOUNT OF NINE HUNDRED DOLLARS SHALL BE PAID  TO  THE
AUTHORITY WITH EACH APPLICATION FOR A CERTIFICATE OF APPROVAL OR RENEWAL
CERTIFICATE.  THE  AUTHORITY SHALL PROMPTLY REFUND SUCH FEE TO AN APPLI-
CANT WHOSE APPLICATION IS  DENIED.  EACH  CERTIFICATE  OF  APPROVAL  AND
RENEWAL THEREOF SHALL BE ISSUED FOR A PERIOD OF THREE YEARS. TO EFFECTU-
ATE  THE  PROVISIONS  OF THIS SUBDIVISION, THE AUTHORITY IS EMPOWERED TO
REQUIRE IN CONNECTION WITH AN APPLICATION THE SUBMISSION OF SUCH  INFOR-
MATION  AS  THE AUTHORITY MAY DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS
AND OF ALL REPORTS WHICH IT DEEMS NECESSARY TO BE MADE BY ANY  APPLICANT
OR CERTIFICATE HOLDER; TO CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTE-
NANCE  OF SUCH BOOKS AND RECORDS AS THE AUTHORITY MAY DIRECT; TO REVOKE,
CANCEL OR SUSPEND FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS  SUBDI-
VISION. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM  SHALL  ISSUE  CERTIFICATES  OF  COMPLETION TO ALL LICENSEES AND
EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN  APPROVED  BOUNCER  TRAINING
PROGRAM.  SUCH  ENTITY  SHALL  REGULARLY  TRANSMIT  TO THE AUTHORITY THE
NAMES, ADDRESSES AND DATES  OF  ATTENDANCE  OF  ALL  THE  LICENSEES  AND
EMPLOYEES  OF  LICENSEES  WHO  SUCCESSFULLY COMPLETE AN APPROVED BOUNCER
TRAINING PROGRAM. SUCH  TRANSMITTAL  SHALL  BE  IN  A  FORM  AND  MANNER
PRESCRIBED  BY  THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING  THE
MINIMUM REQUIREMENTS FOR THE CURRICULUM OF SUCH TRAINING PROGRAM AND THE
REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIFICATES OF COMPLETION
OR  RENEWAL  CERTIFICATES.  SUCH RULES AND REGULATIONS SHALL INCLUDE THE
FORM OF A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE  ISSUED  IN
RESPECT  TO SUCH PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF
ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES  AND  THEIR  EMPLOYEES
AUTHORIZED  TO  SELL  ALCOHOLIC  BEVERAGES  AT  RETAIL  FOR  ON-PREMISES
CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYMENT TO ANOTH-
ER ON-PREMISES LICENSEE. ATTENDANCE AT ANY COURSE  ESTABLISHED  PURSUANT
TO  THIS SUBDIVISION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING METH-
ODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
  (C) THE AUTHORITY SHALL REQUIRE ALL BOUNCERS EMPLOYED  BY  A  LICENSEE
FOR ON-PREMISES CONSUMPTION LICENSED PURSUANT TO SECTION SIXTY-FOUR-D OF
THIS  CHAPTER AND ALL OTHER RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION
WITH A CAPACITY OF TWO HUNDRED FIFTY PERSONS OR MORE TO OBTAIN A CERTIF-
ICATE OF COMPLETION FROM A BOUNCER TRAINING PROGRAM  HOLDING  A  CERTIF-
ICATE OF APPROVAL WITHIN THIRTY DAYS OF EMPLOYMENT AS A BOUNCER.
  S  4.  Section  17 of the alcoholic beverage control law is amended by
adding two new subdivisions 15 and 16 to read as follows:
  15.  TO  PREPARE  AND  DISSEMINATE  INFORMATION  TO  ADVISE  LICENSEES
LICENSED  FOR  ON-PREMISES  CONSUMPTION  OF  THE REQUIREMENT FOR CERTAIN
LICENSEES TO OBTAIN THE CRIMINAL HISTORY INFORMATION  OF  A  PROSPECTIVE
BOUNCER  PURSUANT  TO  SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED SIX OF
THIS CHAPTER. SUCH INFORMATION SHALL ALSO INCLUDE, BUT  NOT  BE  LIMITED
TO, THE FOLLOWING:
  (A)  WHICH  LICENSEES  ARE SUBJECT TO THE CRIMINAL HISTORY INFORMATION
REQUIREMENTS;
  (B) THE STEPS NECESSARY TO PERFORM THE  CRIMINAL  HISTORY  INFORMATION
CHECK, INCLUDING INFORMATION ON FORM AVAILABILITY AND FINGERPRINTING;

S. 1909                             5

  (C) APPLICABLE CONFIDENTIALITY REQUIREMENTS;
  (D)  THE  REQUIREMENTS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
RELATED TO THE PERMISSIVE USE OF CRIMINAL HISTORY INFORMATION IN  HIRING
DECISIONS; AND
  (E)  OTHER INFORMATION THAT IS AVAILABLE TO PROSPECTIVE EMPLOYERS UPON
THE CONSENT OF A  PROSPECTIVE  BOUNCER  INCLUDING  BUT  NOT  LIMITED  TO
DEPARTMENT  OF  MOTOR  VEHICLES  RECORDS, EDUCATIONAL RECORDS AND CREDIT
RECORDS, INCLUDING, WHERE RELEVANT  AND  AVAILABLE,  TELEPHONE  NUMBERS,
ADDRESSES,  AND  A DESCRIPTION OF THE CONTENT AND POTENTIAL USES OF SUCH
RECORDS.
  16. (A) TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR BOUNCER TRAINING
PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS AND OTHER  ENTI-
TIES  INCLUDING  TRADE  ASSOCIATIONS  WHOSE  MEMBERS  ARE  ENGAGED IN OR
INVOLVED IN THE RETAIL  SALE  OF  ALCOHOLIC  BEVERAGES  FOR  ON-PREMISES
CONSUMPTION.  THE  AUTHORITY  SHALL  PROVIDE FOR THE ISSUANCE OF CERTIF-
ICATES OF APPROVAL TO ALL CERTIFIED BOUNCER TRAINING PROGRAMS.   CERTIF-
ICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAILURE TO ADHERE
TO  THE  AUTHORITY'S  RULES  AND REGULATIONS. SUCH RULES AND REGULATIONS
SHALL AFFORD THOSE WHO HAVE BEEN ISSUED A  CERTIFICATE  OF  APPROVAL  AN
OPPORTUNITY  FOR  A  HEARING  PRIOR TO ANY DETERMINATION OF WHETHER SUCH
CERTIFICATE SHOULD BE REVOKED.
  (B) A FEE IN THE AMOUNT OF NINE HUNDRED DOLLARS SHALL BE PAID  TO  THE
AUTHORITY WITH EACH APPLICATION FOR A CERTIFICATE OF APPROVAL OR RENEWAL
CERTIFICATE.  THE  AUTHORITY SHALL PROMPTLY REFUND SUCH FEE TO AN APPLI-
CANT WHOSE APPLICATION IS  DENIED.  EACH  CERTIFICATE  OF  APPROVAL  AND
RENEWAL THEREOF SHALL BE ISSUED FOR A PERIOD OF THREE YEARS. TO EFFECTU-
ATE  THE  PROVISIONS  OF THIS SUBDIVISION, THE AUTHORITY IS EMPOWERED TO
REQUIRE IN CONNECTION WITH AN APPLICATION THE SUBMISSION OF SUCH  INFOR-
MATION  AS  THE AUTHORITY MAY DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS
AND OF ALL REPORTS WHICH IT DEEMS NECESSARY TO BE MADE BY ANY  APPLICANT
OR CERTIFICATE HOLDER; TO CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTE-
NANCE  OF SUCH BOOKS AND RECORDS AS THE AUTHORITY MAY DIRECT; TO REVOKE,
CANCEL OR SUSPEND FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS  SUBDI-
VISION. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM  SHALL  ISSUE  CERTIFICATES  OF  COMPLETION TO ALL LICENSEES AND
EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN  APPROVED  BOUNCER  TRAINING
PROGRAM.  SUCH  ENTITY  SHALL  REGULARLY  TRANSMIT  TO THE AUTHORITY THE
NAMES, ADDRESSES AND DATES  OF  ATTENDANCE  OF  ALL  THE  LICENSEES  AND
EMPLOYEES  OF  LICENSEES  WHO  SUCCESSFULLY COMPLETE AN APPROVED BOUNCER
TRAINING PROGRAM. SUCH  TRANSMITTAL  SHALL  BE  IN  A  FORM  AND  MANNER
PRESCRIBED  BY  THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING  THE
MINIMUM REQUIREMENTS FOR THE CURRICULUM OF SUCH TRAINING PROGRAM AND THE
REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIFICATES OF COMPLETION
OR  RENEWAL  CERTIFICATES.  SUCH RULES AND REGULATIONS SHALL INCLUDE THE
FORM OF A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE  ISSUED  IN
RESPECT  TO SUCH PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF
ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER A BOUNCER TRAINING
PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES  AND  THEIR  EMPLOYEES
AUTHORIZED  TO  SELL  ALCOHOLIC  BEVERAGES  AT  RETAIL  FOR  ON-PREMISES
CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYMENT TO ANOTH-
ER ON-PREMISES LICENSEE. ATTENDANCE AT ANY COURSE  ESTABLISHED  PURSUANT
TO  THIS SUBDIVISION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING METH-
ODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
  (C) THE AUTHORITY SHALL REQUIRE ALL BOUNCERS EMPLOYED  BY  A  LICENSEE
FOR ON-PREMISES CONSUMPTION LICENSED PURSUANT TO SECTION SIXTY-FOUR-D OF

S. 1909                             6

THIS  CHAPTER AND ALL OTHER RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION
WITH A CAPACITY OF TWO HUNDRED FIFTY PERSONS OR MORE TO OBTAIN A CERTIF-
ICATE OF COMPLETION FROM A BOUNCER TRAINING PROGRAM  HOLDING  A  CERTIF-
ICATE OF APPROVAL WITHIN THIRTY DAYS OF EMPLOYMENT AS A BOUNCER.
  S  5.  Subdivision  6 of section 106 of the alcoholic beverage control
law is amended by adding a new closing paragraph to read as follows:
  IN ANY PROCEEDING PURSUANT TO SECTION ONE  HUNDRED  EIGHTEEN  OF  THIS
ARTICLE  TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC BEVER-
AGES, IN WHICH PROCEEDING A CHARGE IS SUSTAINED THAT A LICENSEE VIOLATED
THIS SUBDIVISION AND THE LICENSEE HAS NOT HAD ANY ADJUDICATED  VIOLATION
OF  THIS  CHAPTER  AT THE LICENSED PREMISES WHERE THE VIOLATION OCCURRED
WITHIN THE PREVIOUS FIVE YEAR PERIOD; AND AT THE TIME OF SUCH  VIOLATION
ALL  BOUNCERS  EMPLOYED  AT  THE LICENSEE'S PREMISES AND PRESENT AT SUCH
PREMISES WHERE THE  VIOLATION  OCCURRED  HELD  A  VALID  CERTIFICATE  OF
COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER A
BOUNCER  TRAINING  PROGRAM  PURSUANT  TO  SUBDIVISION SIXTEEN OF SECTION
SEVENTEEN OF THIS CHAPTER, THE CIVIL PENALTY  RELATED  TO  SUCH  OFFENSE
SHALL  BE  RECOVERY OF, AS PROVIDED FOR IN SECTION ONE HUNDRED TWELVE OF
THIS ARTICLE, THE PENAL SUM OF THE BOND ON FILE  DURING  THE  PERIOD  IN
WHICH  THE  VIOLATION  TOOK PLACE. FOR THE PURPOSES OF THIS SUBDIVISION,
THE FIVE  YEAR  PERIOD  SHALL  BE  MEASURED  FROM  THE  DATES  THAT  THE
VIOLATIONS  OCCURRED.  THIS  PROVISION  SHALL NOT APPLY TO LICENSEES FOR
ON-PREMISES CONSUMPTION LICENSED PURSUANT  TO  SECTION  SIXTY-FOUR-D  OF
THIS  CHAPTER  AND ALL OTHER RETAIL LICENSES FOR ON-PREMISES CONSUMPTION
WITH A CAPACITY OF TWO HUNDRED FIFTY OR MORE PERSONS.
  S 6. Subdivisions 5 and 6 of section 89-f of the general business law,
subdivision 5 as amended by chapter 324 of the laws of 1998 and subdivi-
sion 6 as amended by chapter 634 of the laws of  1994,  are  amended  to
read as follows:
  5.  "Security  guard  company"  shall  mean  any person, firm, limited
liability company, corporation, public entity or subsidiary  or  depart-
ment  of  such  firm,  limited  liability company, corporation or public
entity employing one or more security guards or being self-employed as a
security guard on either a proprietary basis for its own  use  or  on  a
contractual  basis  for  use  by another person, firm, limited liability
company, corporation, public entity or  subsidiary  thereof  within  the
state.    ANY  PERSON,  FIRM,  LIMITED LIABILITY COMPANY, CORPORATION OR
PUBLIC ENTITY LICENSED FOR  THE  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
BEVERAGES SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
  6.  "Security guard" shall mean a person, other than a police officer,
employed by a security guard company to principally perform one or  more
of the following functions within the state:
  a. protection of individuals and/or property from harm, theft or other
unlawful activity;
  b. deterrence, observation, detection and/or reporting of incidents in
order to prevent any unlawful or unauthorized activity including but not
limited to unlawful or unauthorized intrusion or entry, larceny, vandal-
ism, abuse, arson or trespass on property;
  c. street patrol service;
  d.  response  to  but not installation or service of a security system
alarm installed and/or used to prevent or detect unauthorized intrusion,
robbery, burglary, theft, pilferage and other losses and/or to  maintain
security of a protected premises.
  Provided,  however,  that a security guard who is otherwise subject to
regulation with respect to registration  and  training  by  the  federal
government  in  the  performance  of  their  duties, or a security guard

S. 1909                             7

providing such services on a voluntary basis, shall not  be  subject  to
the  provisions  of this article.   ANY PERSON ACTING AS AN AGENT, WHERE
THE PRINCIPAL BASIS FOR SUCH AGENT'S EMPLOYMENT  IS  TO  SERVE  FOOD  OR
BEVERAGES  OR ASSIST IN COMPLIANCE WITH THE PROVISIONS OF SECTION SIXTY-
FIVE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, OR  WHO  IS  A  BOUNCER,  AS
DEFINED  IN SUBDIVISION SIX-A OF SECTION THREE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, OF A LICENSEE FOR THE ON-PREMISES CONSUMPTION OF  ALCOHOLIC
BEVERAGES SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
  S 7. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided, however, that the amendments to
section 17 of the alcoholic beverage control law, made by section  three
of  this  act,  shall  not  affect  the expiration and reversion of such
section, and shall expire therewith, when upon such date the  provisions
of section four of this act shall take effect.

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