Section 3000-D. Availability of resuscitation equipment in certain public places

1. For the purposes of this section, the following  terms  shall
  be defined as follows:
    a.  "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.
    b.  "Health  club"  means  any   commercial   establishment   offering
  instruction,  training  or  assistance  and/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, health  studios,  gymnasiums,  weight
  control  studios,  martial  arts  and  self-defense schools or any other
  commercial establishment offering a similar course of physical training.
    c. "Owner or operator" means the owner,  manager,  operator  or  other
  person having control of an establishment.
    d. "Public place" means a restaurant, bar, theater or health club.
    e.  "Restaurant"  means  any  commercial eating establishment which is
  devoted, wholly or  in  part,  to  the  sale  of  food  for  on-premises
  consumption.
    f.   "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 disposable
  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 disposable gloves.
    g. "Theater" means a motion picture theater, 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.
    2.  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.
    3. 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.
    4. 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 only be liable pursuant to
  section three thousand-a of this article.
    5. 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.

    6. Nothing in this section shall be construed to restrict the power of
  any county, city, town, or village to adopt and enforce additional local
  laws,  ordinances, or regulations which comply with at least the minimum
  applicable standards set forth in this article.