Actions

Memo

BILL NUMBER:S435

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: 2011/12 - S.1336 2009/10 - S.1105

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: One year after enactment.

Text

STATE OF NEW YORK
________________________________________________________________________

435

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by  Sen.  DILAN  -- 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.
                                                           LBD00671-01-3