What's happening
This bill requires entertainment venues to enhance security with metal detectors or guards, and provides matching grants and tax credits for compliance.
Why it matters
Significant cost implications for venue owners/operators. The bill mandates new security measures (metal detectors or guards) at many entertainment venues, potentially increasing operational costs, but offsets this with state matching grants and tax credits to ease the financial burden.
Expanded definition of “places of entertainment”. The law applies not only to traditional theaters and arenas but also to enclosed shopping malls and any location over 500 seats charging entry, meaning a wide range of businesses will be affected.
One-time and ongoing financial incentives. Venues can only receive the state matching grant once for initial security equipment costs, but the tax credits for hiring and retaining security guards provide ongoing support, which may influence hiring practices and staffing stability.
Government oversight and accountability. The Division of Homeland Security and Emergency Services will set additional criteria for grants, and tax credit claims require proof of hiring and retention, adding layers of oversight for public funds and program integrity.
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Who cares
Headline styles
Boost Security at Venues
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1402
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to security in a place of entertainment and to the establishment of a matching grant program; and to amend the tax law, in relation to establishing a tax credit for owners and operators of a place of entertainment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 42 to read as follows:
ARTICLE 42
SECURITY IN A PLACE OF ENTERTAINMENT Section 1050. Security in a place of entertainment.
1051. Matching grant program.
§ 1050. Security in a place of entertainment. 1. As used in this section, "place of entertainment" means any privately owned, leased or operated enclosed shopping mall or any privately owned, leased or operated location that has a permanent maximum aggregate seating capacity of five hundred persons including but not limited to a theater, indoor stadium or arena or other place where motion pictures, performances, concerts, athletic games or contests are held for which an entry fee is charged.
2. The owner or operator of a place of entertainment shall be required to install metal detectors or employ at least two security guards, registered pursuant to article seven-A of this chapter, to operate metal detecting wands at all entrances to a place of entertainment.
3. Owners or operators of a place of entertainment may qualify for a matching grant pursuant to section one thousand fifty-one of this article and/or a tax credit pursuant to sections two hundred ten-B and six hundred six of the tax law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01234-01-7
S. 1402 2
§ 1051. Matching grant program. 1. There is hereby established under the jurisdiction of the commissioner of the division of homeland security and emergency services a matching grant program to provide owners and operators of places of entertainment, as defined in section one thousand fifty of this article, with matching funds for the initial costs associated with the installation of metal detectors or the purchase of metal detecting wands. An eligible applicant may receive a maximum of fifty percent of its initial costs per unit, up to a maximum of five thousand dollars, in matching funds from the state. Such matching funds shall only be available to an owner or operator one time.
2. The commissioner shall establish additional criteria for the awarding of grants provided for in this section.
§ 2. Section 210-B of the tax law is amended by adding a new subdivision 49 to read as follows:
49. Credit for owners or operators of a place of entertainment. (a) Allowance of credit. A taxpayer that is an owner or operator of a place of entertainment who hires and retains new security guards for a period of at least one year pursuant to section one thousand fifty of the general business law shall be allowed a credit against the tax imposed by this article. The amount of the credit shall be ten percent of the first newly hired and retained security guard's salary.
(b) When credit allowed. The credit provided for in this subdivision shall only be allowed with respect to the taxable year commencing in which the first new security guard has been retained for one year.
(c) Proof of claim. The commissioner may require a qualified taxpayer to furnish proof of the security guard's hiring and retention in support of his or her claim for credit under this subdivision.
(d) Carryover of credit. If the amount of the credit, and carryovers of such credit, allowable under this subdivision for any taxable year shall exceed the taxpayer's tax for such year, such excess amount may be carried over to the five taxable years next following the taxable year with respect to which the credit is allowed and may be deducted from the taxpayer's tax for such year or years.
§ 3. Section 606 of the tax law is amended by adding a new subsection (ccc) to read as follows:
(ccc) Credit for owners or operators of a place of entertainment. (1) Allowance of credit. A taxpayer that is an owner or operator of a place of entertainment who hires and retains new security guards for a period of at least one year pursuant to section one thousand fifty of the general business law shall be allowed a credit against the tax imposed by this article. The amount of the credit shall be five thousand dollars per newly hired and retained security guard.
(2) The credit provided for in this subdivision shall be allowed with respect to the taxable year commencing in which a new security guard has been retained for one year.
(3) Proof of claim. The commissioner may require a qualified taxpayer to furnish proof of the security guard's hiring and retention in support of his or her claim for credit under this subdivision.
(4) Carryover of credit. If the amount of the credit, and carryovers of such credit, allowable under this subsection for any taxable year shall exceed the taxpayer's tax for such year, such excess amount may be carried over to the five taxable years next following the taxable year with respect to which the credit is allowed and may be deducted from the taxpayer's tax for such year or years.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to security in a place of entertainment and to the establishment of a matching grant program; and to amend the tax law, in relation to establishing a tax credit for owners and operators of a place of entertainment
Purpose
Requires owners or operators of places of entertainment to install metal detectors or employ at least two security guards to operate metal detecting wands at all entrances and creates a matching grant and/or a tax credit for those
Summary of provisions
Section 1 of this bill amends the general business law by adding a new article 40, "Security in a Place of Entertainment. Section 900, subdivision 1 defines a "place of entertainment" as a privately owned, leased, or operated enclosed shopping mall or other location that has a permanent maximum aggregate seating capacity of five hundred persons, including but not limited to a theater, indoor stadium or arena or other place where motion pictures, performances, concerts, athletic games or contests are held for which an entry fee is charged. Subdivision 2 requires the owner or operator of a place of entertainment to install metal detectors or employ at least two security guards to operate metal detecting wands. Subdivision 3 states that owners or operators may qualify for a matching grant pursuant to section 901 of this article and/or a tax credit pursuant to sections 210b and 606 of the tax law.
Section 901, subdivision 1 creates a matching grant program to provide owners and operators with matching funds for the initial costs associated with the installation of metal detectors or the purchase of metal detecting wands. Eligible applicants may receive a maximum of 50 percent of their initial costs per unit, up to a maximum of $5,000 from the state. Such funds shall only be available to an owner or operator one time. Subdivision 2 states that the commissioner of the division of homeland security and emergency services shall establish additional criteria for the awarding of grants.
Section 2 of this bill amends section 210-b of the tax law by adding a new subdivision 49 to create a credit for owners or operator of a place of entertainment. Paragraph (a) states the allowance of the credit.
Paragraph (b) states when the credit is allowed. Paragraph (c) requires proof of claim. Paragraph (d) allows for the carrying over of credit.
Section 3 of this bill amends section 606 of the tax law by adding a new subsection (ccc) to create a credit for owners or operators of a place of entertainment similar to section 2 of this bill.
Section 4 of this bill states that this act shall take effect immediately.
Justification
In light of horrific events that have occurred across the country in places of entertainment, such as shopping malls and move theaters, it is clear that there is a lack of adequate safety measures being used to screen customers for possible hidden firearms. This legislation would require private owners and operator of places of entertainment to implement additional safety checks that would help prevent future tragedies in New York State. The bill allows owners or operators to choose between the use of traditional metal detectors or metal detecting wands and creates a matching grant and/or tax credit to help with the implantation cost.
Legislative history
2016: S.6879
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.