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A00638 Summary:

BILL NOA00638
 
SAME ASNo Same As
 
SPONSORRosenthal L (MS)
 
COSPNSRJaffee, D'Urso, Jean-Pierre, Galef, Blake, Simon, Ortiz
 
MLTSPNSRCook, De La Rosa, Hyndman, Niou, Wright
 
Amd 400.00, Pen L
 
Restricts the locations of gunsmiths and dealers in firearms in relation to child day care or educational facilities, and places of worship.
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A00638 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           638
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, JAFFEE, D'URSO, JEAN-PIERRE, GALEF,
          BLAKE,   SIMON,  ORTIZ  --  Multi-Sponsored  by  --  M.  of  A.  COOK,
          DE LA ROSA, HYNDMAN, NIOU, WRIGHT -- read once  and  referred  to  the
          Committee on Codes

        AN  ACT to amend the penal law, in relation to restricting the locations
          of gunsmiths and dealers in firearms in relation to day cares,  educa-
          tional facilities, and places of worship
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 400.00 of the penal law is amended by adding a  new
     2  subdivision 18 to read as follows:
     3    18. No license shall be granted for any gunsmith or dealer in firearms
     4  to operate:
     5    (a)  on  the  same  street or avenue and within five hundred feet of a
     6  building occupied as a child day care or educational facility, or exclu-
     7  sively occupied as a place of worship; or
     8    (b) in a city, town or village having a population of twenty  thousand
     9  or  more within five hundred feet of three or more existing gunsmiths or
    10  dealers in firearms licensed and operating pursuant to this section; and
    11    (c) the measurements in paragraphs (a) and (b) of this subdivision are
    12  to be taken in straight lines from the center of the nearest entrance of
    13  the premises sought to be licensed to the center of the nearest entrance
    14  of such child day care  or  educational  facility,  or  other  place  of
    15  worship  or  to the center of the nearest entrance of each such premises
    16  of existing gunsmiths or dealers  in  firearms  licensed  and  operating
    17  pursuant  to  this  section;  except,  however, that no license shall be
    18  denied to any premises at which a license under this chapter has been in
    19  existence continuously from a date prior to the date when a building  on
    20  the  same street or avenue and within five hundred feet of said premises
    21  has been occupied as a child day care or educational facility, or exclu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04686-01-9

        A. 638                              2
 
     1  sively occupied as a place of worship; and except that no license  shall
     2  be denied to any premises, which is within five hundred feet of three or
     3  more  existing  gunsmiths  or dealers in firearms licensed and operating
     4  pursuant to this section, at which a license under this chapter has been
     5  in  existence  continuously  on or prior to November first, two thousand
     6  nineteen.
     7    (d) Within the context of this subdivision, the word "entrance"  shall
     8  mean a door regularly used to give ingress to a child day care or educa-
     9  tional  facility,  a  house  of worship, premises licensed and operating
    10  pursuant to this section by a gunsmith or dealer in firearms or  of  the
    11  premises  sought  to  be licensed. Where a child day care or educational
    12  facility, a house of worship, or premises licensed and operating  pursu-
    13  ant  to this section by a gunsmith or dealer in firearms or the premises
    14  sought to be licensed is set back from a public thoroughfare, the  walk-
    15  way  or  stairs leading to any such door shall be deemed an entrance and
    16  the measurement shall be taken to the center of the walkway or stairs at
    17  the point where it meets the building line  or  public  thoroughfare.  A
    18  door which has no exterior hardware, or which is used solely as an emer-
    19  gency or fire exit, or for maintenance purposes, or which leads directly
    20  to  a  part  of  a  building not regularly used by the general public or
    21  patrons, is not deemed an "entrance".
    22    (e) Within the context of this  subdivision,  a  "child  day  care  or
    23  educational  facility" means (i) in or on or within any building, struc-
    24  ture, athletic playing field, a playground or land contained within  the
    25  real property boundary line of a public or private child day care center
    26  as  such  term is defined in paragraph (c) of subdivision one of section
    27  three hundred ninety of the social services law, or nursery, pre-kinder-
    28  garten or kindergarten, or  (ii)  any  area  accessible  to  the  public
    29  located  within  one  thousand  feet  of the real property boundary line
    30  comprising any such facility. For the purposes of this section an  "area
    31  accessible  to  the public" shall mean sidewalks, streets, parking lots,
    32  parks, playgrounds, stores and restaurants.
    33    (f) Within the context of this subdivision, a building occupied  as  a
    34  place  of worship does not cease to be "exclusively" occupied as a place
    35  of worship by incidental uses that are not of a nature to  detract  from
    36  the  predominant  character  of the building as a place of worship, such
    37  uses which include, but which are not limited to: the conduct of legally
    38  authorized games of bingo or other games of chance held as  a  means  of
    39  raising  funds  for  the  not-for-profit  religious  organization  which
    40  conducts services at the place of worship or  for  other  not-for-profit
    41  organizations  or  groups; use of the building for fund-raising perform-
    42  ances by or benefitting the not-for-profit religious organization  which
    43  conducts services at the place of worship or other not-for-profit organ-
    44  izations or groups; the use of the building by other religious organiza-
    45  tions or groups for religious services or other purposes; the conduct of
    46  social  activities  by or for the benefit of the congregants; the use of
    47  the building for meetings held  by  organizations  or  groups  providing
    48  bereavement  counseling  to  persons having suffered the loss of a loved
    49  one, or providing advice or support for conditions or  diseases  includ-
    50  ing,  but  not  limited to, alcoholism, drug addiction, cancer, cerebral
    51  palsy, Parkinson's disease, or  Alzheimer's  disease;  the  use  of  the
    52  building  for  blood drives, health screenings, health information meet-
    53  ings, yoga classes, exercise classes or  other  activities  intended  to
    54  promote  the  health of the congregants or other persons; and use of the
    55  building by non-congregant members of the community for  private  social
    56  functions.    The building occupied as a place of worship does not cease

        A. 638                              3
 
     1  to be "exclusively" occupied as a place of worship  where  the  not-for-
     2  profit religious organization occupying the place of worship accepts the
     3  payment  of  funds to defray costs related to another party's use of the
     4  building.
     5    (g)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
     6  sion, a license pursuant to this section for a premises which  shall  be
     7  within five hundred feet of three or more existing premises licensed and
     8  operating  pursuant to this section may be issued if, after consultation
     9  with the municipality or community board, it  determines  that  granting
    10  such  license  would  be  in the public interest. Before such license is
    11  issued, a hearing shall be conducted, upon notice to the  applicant  and
    12  the  municipality or community board, and shall state its reasons there-
    13  for. The hearing may be rescheduled, adjourned or continued, and  notice
    14  shall  be given to the applicant and the municipality or community board
    15  of any such rescheduled, adjourned or continued hearing. Before any said
    16  license is issued, in addition to the hearing  required  by  this  para-
    17  graph,  a public meeting regarding said license shall be conducted, upon
    18  notice to the applicant and the municipality  or  community  board.  The
    19  public  meeting  may  be rescheduled, adjourned or continued, and notice
    20  shall be given to the applicant and the municipality or community  board
    21  of  any  such rescheduled, adjourned or continued public meeting. Notice
    22  to the municipality or community board shall mean written notice  mailed
    23  to such municipality or community board at least fifteen days in advance
    24  of any hearing scheduled pursuant to this paragraph. Any municipality or
    25  community  board may waive the fifteen day notice requirement.  No prem-
    26  ises having been granted a license pursuant to  this  section  shall  be
    27  denied a renewal of such license upon the grounds that such premises are
    28  within  five  hundred  feet  of a building or buildings wherein three or
    29  more premises are licensed and operating pursuant to this section.
    30    § 2. This act shall take effect on the first of November next succeed-
    31  ing the date on which it shall have become a law.
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