N.Y. Labor Law § 475: Crowd control plans in certain places of public assembly

§ 475. Crowd control plans in certain places of public assembly. 1.

(a) For the purposes of this section places of public assembly shall be

those with an occupancy capacity of at least five thousand persons and

shall include: (i) all stadiums, ballparks, gymnasiums, fieldhouses,

arenas, civic centers and similar facilities used for the conduct of

sporting events; and (ii) concert halls, recital halls, theatres, indoor

and outdoor amphitheatres or other auditoriums used for the presentation

of musical renditions or concerts by living persons who appear in the

immediate presence of their audience and which rely primarily for effect

on the use of electronic amplification of accompaniment and principal

voice or instrument together with visual and other special effects and

whose musical renditions or concerts are represented by the performers

to be, or advertised by the management of such halls, theatres,

amphitheatres or auditoriums as, rock and/or rapp renditions or

concerts. Such places of public assembly shall include the means of

ingress thereto and egress therefrom. Places of public assembly shall

not include halls owned by churches, religious organizations, granges,

public associations, free libraries as defined by section two hundred

fifty-three of the education law, and facilities for the performance of

sporting events or rock and/or rapp musical renditions owned and used by

public and nonpublic primary and secondary schools and boards of

cooperative educational services.

(b) For the purposes of this section, operator shall include the

primary tenant of a place of public assembly or the person or persons

responsible for the operation and management of said place of public

assembly. If no operator of said place of public assembly can be

ascertained, then the owner shall be deemed the operator. In any event,

the designation of such operator of said place of public assembly shall

be included in all plans of compliance filed in accordance with this

section.

2. The operators of places of public assembly as defined in this

section shall establish a plan to be used for the purposes of crowd

control in the event of a riot. Said plan shall include and set forth

any programs mandated by section one hundred six-b of the alcoholic

beverage control law or any other requirement of such law, and

additional procedures designed to control the over-consumption of

alcoholic beverages at such places of public assembly, which operators

deem to be necessary or desirable for inclusion in the plan. Said plan

shall be filed with the New York state emergency management office as

follows: (i) with respect to places of public assembly in existence on

the effective date of this section which have been used for sporting

events or presentations described in subparagraph (ii) of paragraph (a)

of subdivision one of this section, said plan shall be filed on or

before March first, in the year next succeeding the year in which this

section shall have become a law; and (ii) with respect to places of

public assembly constructed after the effective date of this section or

with respect to existing facilities used for the first time for

presentation of sporting events or musical renditions or concerts

described in subparagraph (ii) of paragraph (a) of subdivision one of

this section, said plan shall be filed thirty days before the sporting

event or the presentation of such musical renditions or concerts so

described. Additionally, the plan shall be filed with the police and

fire departments of the locality in which such place of public assembly

is located, as well as with the state or county law enforcement agency

having the primary responsibility to respond with the local police

department in the event of an emergency. With respect to the operation

of places of public assembly by a governmental entity which provides its

own police and fire protection, plans shall be established in

consultation with the officers charged with responsibility for providing

such protection and enforcement.

3. The New York state emergency management office shall issue a report

with recommendations to the governor and the legislature relative to the

sufficiency of crowd control planning on or before March fifteenth,

nineteen hundred ninety.

4. No owner, operator, governmental entity or any employee, officer,

or agent thereof shall be liable for any claim filed by a person based

upon negligence in the preparation or filing of such plans required

under this section.