a. It shall be unlawful to use or occupy any building or premises or part thereof as a place of assembly unless and until a permit therefor shall have been issued by the department. The permit shall be for a term of one year.
b. The application for such permit and such permit shall be in a form prescribed by the commissioner.
c. The annual fee for a permit issued pursuant to this section shall be the amount provided for in paragraph seven of subdivision a of section 26-214 of the code. An application for such permit or renewal thereof shall be accompanied by the annual fee, except as otherwise provided in section 26-210 of the code.
d. The permit issued pursuant to this section shall be posted in a conspicuous place in the place of assembly which is covered by such permit.
e. In the case of a permittee that is an establishment that offers for sale food and/or beverages for on-premises consumption, but not including establishments operated by a not-for-profit corporation, and employs or uses the services of a security guard, as that term is defined in subdivision six of section eighty nine-f of the general business law, such permittee shall comply with the provisions of article 7-A of the general business law, shall obtain proof that such security guard is registered pursuant to article 7-A of the general business law, shall maintain such proof in a readily available location, in accordance with rules promulgated by the commissioner during all hours in which such place of assembly is open to the public, shall maintain a roster of all security guards working at any given time when such place of assembly is open to the public, and shall require each security guard to maintain on his or her person proof of registration at all times when on the premises.
f. For purposes of this section, there shall be a rebuttable presumption that a person employed or whose services are retained at a place of assembly whose job functions include (1) the monitoring or guarding of the entrance or exit of such place of assembly to manage ingress and egress to such place of assembly for security purposes during the hours of operation of such establishment and/or (2) protection of such place of assembly from disorderly or other unlawful conduct by such patrons is a security guard provided, however, that such rebuttable presumption shall not apply to the owner of such establishment as described in subdivision e of this section that has received a place of assembly permit.
g. Notwithstanding any provision of this chapter, only the permittee shall be liable for violations of this section that relate to a permittee's obligations regarding security guards.
h. In addition to employees of the department, employees of the police department and the department of consumer and worker protection shall have the authority to enforce the provisions of this section regarding security guards.
i. The enforcement agency shall report any violation of the provisions of this section relating to security guards to the state liquor authority if the permittee holds a license pursuant to the alcoholic beverage control law.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/023 and L.L. 2020/080.