Senate Bill S2631

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2631

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to prohibiting casino
  advertising near certain locations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
13-I to read as follows:
                               ARTICLE 13-I
                           CASINO ADVERTISING
                     IN CERTAIN LOCATIONS PROHIBITED

SECTION 1399-XX. DEFINITIONS.
        1399-YY. CASINO ADVERTISING NEAR SCHOOLS PROHIBITED; PENALTY.
  S 1399-XX. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "PERSON" SHALL MEAN A PERSON, FIRM, OR COMPANY, CORPORATION,  PART-
NERSHIP,  SOLE  PROPRIETOR,  LIMITED  PARTNERSHIP,  ASSOCIATION, LIMITED
LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP.
  2. "CASINO" SHALL MEAN AN ESTABLISHMENT  CONDUCTING  GAMES  OF  CHANCE
AND/OR OPERATING SLOT MACHINES WHICH ARE ILLEGAL IN NEW YORK STATE.
  3.  "SCHOOL  GROUNDS" SHALL MEAN ON OR WITHIN ANY BUILDING, STRUCTURE,
ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE  REAL
PROPERTY  BOUNDARY  LINE  OF  A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,
INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL.
  4. "CHILD DAY CARE CENTER" SHALL MEAN (I) ANY CHILD CARE  ARRANGEMENT,
PUBLIC,  PRIVATE  OR  PAROCHIAL CHILD CARE CENTER, SCHOOL-AGE CHILD CARE
PROGRAM, DAY NURSERY SCHOOL, KINDERGARTEN, PLAY SCHOOL OR OTHER  SIMILAR
SCHOOL OR SERVICE OPERATING PURSUANT TO AUTHORIZATION, LICENSE OR PERMIT
OF  THE  CITY  OR  STATE;  (II)  ANY  FACILITY  THAT PROVIDES CHILD CARE
SERVICES; OR (III) A CHILD DAY CARE CENTER AS DEFINED IN  SECTION  THREE
HUNDRED  NINETY OF THE SOCIAL SERVICES LAW. THE DEFINITION OF "CHILD DAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09317-01-9
              

S. 2631                             2

CARE CENTER" APPLIES WHETHER OR NOT CARE IS GIVEN FOR  COMPENSATION  BUT
DOES  NOT  INCLUDE  CHILD  CARE CENTERS LOCATED IN PRIVATE DWELLINGS AND
MULTIPLE DWELLING UNITS.
  5.  "PLAYGROUND"  SHALL  MEAN ANY OUTDOOR PREMISES OR GROUNDS OWNED OR
LAWFULLY OPERATED BY OR ON BEHALF OF THE NEW YORK STATE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION, OR ANY OUTDOOR PREMISES OR GROUNDS
OWNED OR LAWFULLY OPERATED BY OR ON BEHALF OF ANY TOWN,  VILLAGE,  CITY,
OR  COUNTY,  OR ANY SUBDIVISION THEREOF, WHICH IS USED IN PART OR WHOLLY
FOR PUBLIC RECREATIONAL ACTIVITIES OF ANY KIND, OR ANY  PUBLIC,  PRIVATE
OR  PAROCHIAL  SCHOOL,  ANY  CHILD  DAY CARE CENTER OR ANY YOUTH CENTER,
WHICH CONTAINS ANY DEVICE, STRUCTURE OR IMPLEMENT,  FIXED  OR  PORTABLE,
USED  OR  INTENDED  TO  BE USED BY PERSONS UNDER THE AGE OF EIGHTEEN FOR
RECREATIONAL OR ATHLETIC PURPOSES INCLUDING, BUT NOT  LIMITED  TO,  PLAY
EQUIPMENT  SUCH AS A SLIDING BOARD, SWING, JUNGLE GYM, SANDBOX, CLIMBING
BAR, WADING POOL,  OBSTACLE  COURSE,  SWIMMING  POOL,  SEESAW,  BASEBALL
DIAMOND, ATHLETIC FIELD, OR BASKETBALL COURT.
  6.  "YOUTH CENTER" MEANS ANY BUILDING OR STRUCTURE OR PORTION THEREOF,
LAWFULLY OCCUPIED BY ANY PERSON FOR THE PRIMARY PURPOSE OF  OPERATING  A
TRADE SCHOOL (INCLUDING THOSE CONDUCTING AFTER SCHOOL, VOCATIONAL, REME-
DIAL,  TUTORIAL,  EDUCATIONAL  ASSISTANCE  PROGRAMS) OR AN INDOOR RECRE-
ATIONAL CENTER (INCLUDING RECREATIONAL, CULTURAL, PHYSICAL  FITNESS,  OR
SPORTS PROGRAMS) FOR PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
  S 1399-YY. CASINO ADVERTISING NEAR SCHOOLS PROHIBITED; PENALTY. 1.  NO
PERSON  ENGAGED  IN ADVERTISING, MARKETING, OR SELLING ADVERTISING SPACE
OR MEDIA, OR ANY AGENT OR EMPLOYEE OF SUCH A  PERSON,  SHALL  ADVERTISE,
MARKET  OR PROMOTE CASINOS, OR PERMIT CASINOS TO BE ADVERTISED ON, IN OR
WITHIN ONE THOUSAND FEET OF ANY SCHOOL GROUND, CHILD  DAY  CARE  CENTER,
PLAYGROUND OR YOUTH CENTER.
  2.  HEARINGS  WITH  RESPECT  TO  VIOLATION  OF  THIS  ARTICLE SHALL BE
CONDUCTED IN THE SAME MANNER AS HEARINGS CONDUCTED UNDER  ARTICLE  THIR-
TEEN-E OF THIS CHAPTER.
  3.  IF  THE  ENFORCEMENT  OFFICER  DETERMINES  AFTER  A HEARING THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, HE OR SHE SHALL IMPOSE  A  CIVIL
PENALTY OF A MINIMUM OF TWO HUNDRED FIFTY DOLLARS, BUT NOT TO EXCEED ONE
THOUSAND  DOLLARS  FOR  A  FIRST  VIOLATION,  A  MINIMUM OF FIVE HUNDRED
DOLLARS, BUT NOT TO EXCEED ONE THOUSAND DOLLARS FOR A SECOND  VIOLATION,
AND A MINIMUM OF ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.