Bill S1909-2013

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

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; excludes bouncers from the definition of security guards for purposes of the licensing of such guards pursuant to the general business law.

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

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 minimum criteria for bouncer training programs and the guidelines for administering 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-premises 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 proceeding 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 licensees 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 twentieth 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 organizations 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 greatest potential impact on the public safety while not saddling small business 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1909 2013-2014 Regular Sessions IN SENATE (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.
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-
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-
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;
(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
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
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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