Bill Text: NY S01429 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts "Imette's Law"; mandates that every owner of a 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) 2024-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S01429 Detail]
Download: New_York-2023-S01429-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1429 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment 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 § 2. The alcoholic beverage control law is amended by adding a new 4 section 64-f to read as follows: 5 § 64-f. 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. LBD04440-01-3S. 1429 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. 1429 3 1 § 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 § 4. This act shall take effect on the ninetieth day after it shall 6 have become a law.
