(b) For the purposes of this section, operator shall include the
primary tenant of a place of public assembly or the person or persons
responsible for the operation and management of said place of public
assembly. If no operator of said place of public assembly can be
ascertained, then the owner shall be deemed the operator. In any event,
the designation of such operator of said place of public assembly shall
be included in all plans of compliance filed in accordance with this
section.
2. The operators of places of public assembly as defined in this
section shall establish a plan to be used for the purposes of crowd
control in the event of a riot. Said plan shall include and set forth
any programs mandated by section one hundred six-b of the alcoholic
beverage control law or any other requirement of such law, and
additional procedures designed to control the over-consumption of
alcoholic beverages at such places of public assembly, which operators
deem to be necessary or desirable for inclusion in the plan. Said plan
shall be filed with the New York state emergency management office as
follows: (i) with respect to places of public assembly in existence on
the effective date of this section which have been used for sporting
events or presentations described in subparagraph (ii) of paragraph (a)
of subdivision one of this section, said plan shall be filed on or
before March first, in the year next succeeding the year in which this
section shall have become a law; and (ii) with respect to places of
public assembly constructed after the effective date of this section or
with respect to existing facilities used for the first time for
presentation of sporting events or musical renditions or concerts
described in subparagraph (ii) of paragraph (a) of subdivision one of
this section, said plan shall be filed thirty days before the sporting
event or the presentation of such musical renditions or concerts so
described. Additionally, the plan shall be filed with the police and
fire departments of the locality in which such place of public assembly
is located, as well as with the state or county law enforcement agency
having the primary responsibility to respond with the local police
department in the event of an emergency. With respect to the operation
of places of public assembly by a governmental entity which provides its
own police and fire protection, plans shall be established in
consultation with the officers charged with responsibility for providing
such protection and enforcement.
3. The New York state emergency management office shall issue a report
with recommendations to the governor and the legislature relative to the
sufficiency of crowd control planning on or before March fifteenth,
nineteen hundred ninety.
4. No owner, operator, governmental entity or any employee, officer,
or agent thereof shall be liable for any claim filed by a person based
upon negligence in the preparation or filing of such plans required
under this section.
Structure New York Laws
470 - General Provision as to Construction, Equipment and Maintenance of Places of Public Assembly.
473 - Certificate of Compliance With Requirements of Law.
473-A - Posting of Means of Egress in Places of Public Assembly.
474 - Revocation of Certificate of Compliance.
474-A - Application to New York City and Other Cities.
475 - Crowd Control Plans in Certain Places of Public Assembly.