NY Lab L § 475 (2021)
2021 New York Laws LAB - Labor Article 17 - Public Safety 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.