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

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 106 of the Alcoholic Beverage Control Law to require that 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 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

New Bill.

Fiscal implications

Unknown.

Effective date

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