Section 20-360.2. Additional security measures for cabarets and public dance halls  


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  • a. No one shall operate a cabaret or public dance hall unless all  entrances  and  exits  used  by  patrons are equipped with digital video
      surveillance cameras, provided, however, that  this  section  shall  not
      apply  to  an  establishment that operates primarily as a restaurant, as
      defined by section three of the alcoholic beverage control  law,  during
      all hours of operation.
        b.  Digital video surveillance systems shall comply with the following
      provisions and with the rules of the commissioner:
        1. The video surveillance cameras shall be digital in nature and shall
      be of sufficient number, type, placement and location to view and record
      all activity in front of and within 15  feet  of  either  side  of  each
      entrance or exit;
        2.   The  video  surveillance  cameras  shall  be  sufficiently  light
      sensitive  and  provide  sufficient  image  resolution   (supported   by
      additional  lighting  if necessary) to produce easily discernible images
      recorded at all times;
        3. The video surveillance cameras shall record at a minimum  speed  of
      fifteen frames per second;
        4.  The  video  surveillance  camera  images shall be capable of being
      viewed through use of appropriate technology, including but not  limited
      to a computer screen or closed circuit television monitor;
        5.   The   video  surveillance  camera  system  shall  be  capable  of
      transferring the recorded images to a portable form of media,  including
      but not limited to compact disc or digital video disc;
        6. The video surveillance cameras shall not have an audio capability;
        7.  The video surveillance cameras shall be maintained in good working
      condition;
        8. Except as  otherwise  provided  by  rule,  the  video  surveillance
      cameras  shall  be  in  operation  and recording continuously during all
      hours of operation of the cabaret or public dance hall and for two hours
      after the cabaret or public dance hall closes;
        9. The recordings made by video  surveillance  cameras  installed  and
      maintained  pursuant to this section shall be indexed by dates and times
      and preserved for a minimum of thirty days so  that  they  may  be  made
      available  to the department, the police department and other government
      agencies acting in furtherance of a criminal investigation or a civil or
      administrative law enforcement purpose;
        10. All recordings made by video surveillance  cameras  installed  and
      maintained  pursuant  to  this  section  while  in the possession of the
      cabaret or public dance hall shall be  stored  in  a  locked  receptacle
      located  in a controlled access area, to which only authorized personnel
      have access, or shall otherwise  be  secured  so  that  only  authorized
      personnel  may access such video recordings. All personnel authorized to
      access such video recordings must certify in writing that they have been
      informed on the appropriate use and retention of recordings as set forth
      in  this  section,  and  on  the  legal  issues  associated  with  video
      surveillance  and  the  use  and retention of recordings. The cabaret or
      public dance hall shall keep a log of all  instances  of  requests  for,
      access  to,  dissemination  and use of, recorded materials made by video
      surveillance cameras installed and maintained pursuant to this  section.
      Copies  of  the certifications by authorized employees and of the access
      log shall be provided to the department in accordance with its rules;
        11. The use or dissemination of recordings made by video  surveillance
      cameras  installed  and maintained pursuant to this section in violation
      of the penal law or section 50 of the civil rights law shall  result  in
      suspension or revocation of a license and a fine of not less than $5,000
      nor more than $50,000; and
    
        12. The cabaret or public dance hall shall post signage at appropriate
      locations,  as  determined  by  rule  of the commissioner, to notify the
      public of its use of video surveillance equipment and the  locations  of
      video  surveillance  equipment so that the public has sufficient warning
      that surveillance is in operation.
        c. Each person subject to the provisions of this section shall submit,
      or  ensure  the  submission of, a report to the department within thirty
      days after the effective date of this section, or, in the case of a  new
      cabaret or public dance hall, within thirty days after the establishment
      of such cabaret or public dance hall. Such report shall certify that the
      cabaret or public dance hall is in compliance with this section. Reports
      filed  pursuant  to this subdivision shall be submitted in such form and
      manner and containing such information as shall be provided by  rule  of
      the commissioner.
        d.  The  department shall conduct periodic inspections of licensees to
      ensure compliance with the use and retention policies set forth in  this
      section.
        e.  The  commissioner  may suspend or revoke a cabaret or public dance
      hall license if the licensee violates the requirements of  this  section
      and,  in  addition,  shall impose a fine of $1,000 for each violation of
      paragraphs nine, ten or twelve of subdivision (b) of this  section,  and
      any  additional  penalties  and fines as required by paragraph eleven of
      subdivision (b) of this section.