Section 17-178. Availability of resuscitation equipment in certain public places

a. Definitions. For the purposes of this section, the  following  terms shall be defined as follows:
    1.  "Bar"  means  any  establishment  which is devoted to the sale and
  service of alcoholic beverages for on-premises consumption and in  which
  the  service of food, if served at all, is incidental to the consumption
  of such beverages.
    2.  "Health  club"  means  any   commercial   establishment   offering
  instruction,   training   or   assistance  or  the  facilities  for  the
  preservation, maintenance,  encouragement  or  development  of  physical
  fitness  or  well  being. "Health club" as defined herein shall include,
  but not be limited to health spas, sports,  tennis,  racquet  ball,  and
  platform tennis clubs, figure salons, health studios, gymnasiums, weight
  control  studios,  martial  arts  and  self-defense schools or any other
  commercial establishment offering a similar course of physical training.
    3. "Owner or operator" means the owner,  manager,  operator  or  other
  person having control of an establishment.
    4. "Public place" means a restaurant, bar, theatre or health club.
    5.  "Restaurant"  means  any  commercial eating establishment which is
  devoted, wholly or  in  part,  to  the  sale  of  food  for  on-premises
  consumption.
    6.   "Resuscitation   equipment"   means  (i)  an  adult  exhaled  air
  resuscitation mask, for which the federal food and  drug  administration
  has  granted permission to market, accompanied by a pair of latex gloves
  and (ii) a pediatric exhaled  air  resuscitation  mask,  for  which  the
  federal  food  and drug administration has granted permission to market,
  accompanied by a pair of latex gloves.
    7. "Theatre" means a motion picture theatre, concert hall,  auditorium
  or  other  building  used  for,  or designed for the primary purpose of,
  exhibiting movies,  stage  dramas,  musical  recitals,  dance  or  other
  similar performances.
    b. Resuscitation equipment required. The owner or operator of a public
  place  shall have available in such public place resuscitation equipment
  in quantities deemed adequate by the department. Such equipment shall be
  readily accessible for use during medical emergencies.  Any  information
  deemed  necessary  by the commissioner shall accompany the resuscitation
  equipment. Resuscitation equipment shall be  discarded  after  a  single
  use.
    c.  Notice  required.  The  owner  or operator of a public place shall
  provide notice to patrons, by means of signs, printed material or  other
  means   of   written   communication,  indicating  the  availability  of
  resuscitation equipment for emergency use and providing  information  on
  how  to  obtain  cardiopulmonary resuscitation training. The type, size,
  style, location and language of  such  notice  shall  be  determined  in
  accordance  with  rules promulgated by the commissioner. In promulgating
  such rules, the commissioner shall take into consideration the  concerns
  of the public places within the scope of this section. If the department
  shall make signs available pursuant to this subdivision, it may charge a
  fee to cover printing, postage and handling expenses.
    d.  Rescue liability limited. Any owner or operator of a public place,
  his or her employee or other agent, or any other person who  voluntarily
  and  without  expectation  of  monetary  compensation  renders emergency
  treatment using the resuscitation equipment required  pursuant  to  this
  section,  to  a  person who is unconscious, ill or injured, shall not be
  liable for damages for injuries alleged to have been sustained  by  such
  person  or  for  damages  for  the  death of such person alleged to have
  occurred by reason of an act  or  omission  in  the  rendering  of  such

  emergency  treatment  unless it is established that the injuries were or
  death was caused by gross negligence on the part of the rescuer.
    e.  No duty to act. Nothing contained in this section shall impose any
  duty or obligation on any owner or operator of a public  place,  his  or
  her   employee   or   other  agent,  or  any  other  person  to  provide
  resuscitation assistance to the victim of a medical emergency.