Requires all retail establishments for on-premises consumption employing one or more persons as bouncers to require such persons to submit fingerprints

BILL NUMBER:A2515A

Title of bill

An act to amend the alcoholic beverage control law, in relation to criminal history information for persons employed as bounc- ers at all retail establishments for on-premises consumption and in relation to the licensure and training of bouncers

Purpose or general idea of the bill: To mandate that bouncers, or people acting in that capacity, submit to a background investigation and a training program.

Summary of specific provisions: Section 106 of the alcoholic beverage law is amended by adding a new subdivision 18. Subdivision 18 states that all retail licensees for on premises consumption that employ one or more bouncers shall require a bouncer to submit a set of fingerprints in order to obtain criminal history information. They shall also request a statement of a prospective bouncer's prior criminal convictions.

The licensee shall receive a signed informed consent of the prospective bouncer on a form supplied by the division of criminal justice services. The form will indicate that the prospective bouncer has been informed of the right and procedures necessary to obtain, review and seek correction of his or her criminal history information, and consented to the request.

Section 17 of the alcoholic beverage law is amended by adding two new subdivisions 15 and 16. Subdivision 15 states that the state liquor authority shall prepare and disseminate information to advise licensees of on-premises consumption retail establishments of the requirement to obtain the criminal history information of a prospective bouncer.

Subdivision 16 states that each prospective bouncer takes a training course prior to any employment as a bouncer. Such training shall include identification procedures and other topics deemed necessary by the state liquor authority.

The alcoholic beverage control law is amended by adding a new article three stating that on or after six months following the effective date of this article, only a person licensed pursuant to this article shall be employed as a bouncer. To qualify for a license, an applicant shall fulfill the following criteria; file an application with the authority, submit a set of fingerprints to the authority, submit a list of all criminal convictions, complete a training program.

Law enforcement officers throughout the state are empowered to enforce this law. They may request any bouncer to produce his or her license. Any bouncer who fails to do so when requested shall be subject to a fine of no more than thirty-five hundred dollars and or a term of imprison- ment not exceeding one year.

Justification: This law was written in honor of Christopher O'Connor, who died outside a NYC bar after a confrontation with bouncers of that

bar. The bar had numerous suits brought against its bouncers by other patrons who alleged that they were assaulted by the bouncers. O'Connor's case was never solved, and the other suits remain pending.

Cases like Christopher's, as well as numerous others that took place in bars in New York State, brought attention to the importance of more extensive regulation of bouncers. They also showed the need for back- ground checks on prospective bouncers to ensure that there was no histo- ry of violent crime.

The provision of adequate training and licensing of bouncers should ensure that cases like Christopher's do not occur again. This law has worked well in countries like the Republic of Ireland and the United Kingdom.

Prior legislative history: 2006 - A.11137-a: Reference Changed to Codes, 2007/2008 - A5004 - referred to Economic Development 2008/2009- A2515- referred to Economic Development

Financial Implications: Unknown

Effective date: One hundred and twenty days after it shall become a law