a. Definitions. For purposes of this section:
(1) The term "mobile telephone" shall mean a cellular, analog, wireless, digital or other similar telephone or communications device, which can be used to access two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 CFR § 20.3.
(2) The term "use" shall mean to receive a mobile telephone call signaled by an audible sound, dial a mobile telephone, or talk or listen on a mobile telephone.
(3) The term "place of public performance" shall mean the area, room, or chamber of any indoor theatre, library, museum, gallery, motion picture theatre, concert hall, or building in which theatrical, musical, dance, motion picture, lecture, or other similar performances are exhibited. This term shall not include any area or venue in which professional or amateur sporting events are taking place.
b. No person shall use a mobile telephone in a place of public performance while a theatrical, musical, dance, motion picture, lecture or other similar performance is taking place.
c. Exception. The provisions of this section shall not apply to an individual who uses a mobile telephone to contact an emergency response operator, hospital, physician's office or health clinic, ambulance company, fire company, first aid squad or police department in an emergency situation or in any other circumstance which may be deemed an emergency.
d. Notice to patrons.
(1) The owner, operator, manager or other person having control of any place of public performance shall, at every theatrical, musical, dance, motion picture, lecture or other similar performance, provide prominent and conspicuous notice to patrons by means of announcement, signage, printed material, or other similar means indicating that mobile telephone use is prohibited as prescribed in subdivision b of this section. The commissioner of environmental protection may promulgate rules regarding the size, style and location of such notices, but in promulgating such rules, the commissioner of environmental protection shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such notices.
(2) In addition, the owner, operator, manager or other person having control of any motion picture theatre in which motion pictures are exhibited to the public shall, prior to the showing of each feature motion picture, show upon the movie screen information indicating that mobile telephone use is prohibited as prescribed in subdivision b of this section.