STATE OF NEW YORK ________________________________________________________________________ 638 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, JAFFEE, D'URSO, JEAN-PIERRE, GALEF, BLAKE, SIMON, ORTIZ -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA, HYNDMAN, NIOU, WRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to restricting the locations of gunsmiths and dealers in firearms in relation to day cares, educa- tional facilities, and places of worship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 400.00 of the penal law is amended by adding a new 2 subdivision 18 to read as follows: 3 18. No license shall be granted for any gunsmith or dealer in firearms 4 to operate: 5 (a) on the same street or avenue and within five hundred feet of a 6 building occupied as a child day care or educational facility, or exclu- 7 sively occupied as a place of worship; or 8 (b) in a city, town or village having a population of twenty thousand 9 or more within five hundred feet of three or more existing gunsmiths or 10 dealers in firearms licensed and operating pursuant to this section; and 11 (c) the measurements in paragraphs (a) and (b) of this subdivision are 12 to be taken in straight lines from the center of the nearest entrance of 13 the premises sought to be licensed to the center of the nearest entrance 14 of such child day care or educational facility, or other place of 15 worship or to the center of the nearest entrance of each such premises 16 of existing gunsmiths or dealers in firearms licensed and operating 17 pursuant to this section; except, however, that no license shall be 18 denied to any premises at which a license under this chapter has been in 19 existence continuously from a date prior to the date when a building on 20 the same street or avenue and within five hundred feet of said premises 21 has been occupied as a child day care or educational facility, or exclu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04686-01-9A. 638 2 1 sively occupied as a place of worship; and except that no license shall 2 be denied to any premises, which is within five hundred feet of three or 3 more existing gunsmiths or dealers in firearms licensed and operating 4 pursuant to this section, at which a license under this chapter has been 5 in existence continuously on or prior to November first, two thousand 6 nineteen. 7 (d) Within the context of this subdivision, the word "entrance" shall 8 mean a door regularly used to give ingress to a child day care or educa- 9 tional facility, a house of worship, premises licensed and operating 10 pursuant to this section by a gunsmith or dealer in firearms or of the 11 premises sought to be licensed. Where a child day care or educational 12 facility, a house of worship, or premises licensed and operating pursu- 13 ant to this section by a gunsmith or dealer in firearms or the premises 14 sought to be licensed is set back from a public thoroughfare, the walk- 15 way or stairs leading to any such door shall be deemed an entrance and 16 the measurement shall be taken to the center of the walkway or stairs at 17 the point where it meets the building line or public thoroughfare. A 18 door which has no exterior hardware, or which is used solely as an emer- 19 gency or fire exit, or for maintenance purposes, or which leads directly 20 to a part of a building not regularly used by the general public or 21 patrons, is not deemed an "entrance". 22 (e) Within the context of this subdivision, a "child day care or 23 educational facility" means (i) in or on or within any building, struc- 24 ture, athletic playing field, a playground or land contained within the 25 real property boundary line of a public or private child day care center 26 as such term is defined in paragraph (c) of subdivision one of section 27 three hundred ninety of the social services law, or nursery, pre-kinder- 28 garten or kindergarten, or (ii) any area accessible to the public 29 located within one thousand feet of the real property boundary line 30 comprising any such facility. For the purposes of this section an "area 31 accessible to the public" shall mean sidewalks, streets, parking lots, 32 parks, playgrounds, stores and restaurants. 33 (f) Within the context of this subdivision, a building occupied as a 34 place of worship does not cease to be "exclusively" occupied as a place 35 of worship by incidental uses that are not of a nature to detract from 36 the predominant character of the building as a place of worship, such 37 uses which include, but which are not limited to: the conduct of legally 38 authorized games of bingo or other games of chance held as a means of 39 raising funds for the not-for-profit religious organization which 40 conducts services at the place of worship or for other not-for-profit 41 organizations or groups; use of the building for fund-raising perform- 42 ances by or benefitting the not-for-profit religious organization which 43 conducts services at the place of worship or other not-for-profit organ- 44 izations or groups; the use of the building by other religious organiza- 45 tions or groups for religious services or other purposes; the conduct of 46 social activities by or for the benefit of the congregants; the use of 47 the building for meetings held by organizations or groups providing 48 bereavement counseling to persons having suffered the loss of a loved 49 one, or providing advice or support for conditions or diseases includ- 50 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral 51 palsy, Parkinson's disease, or Alzheimer's disease; the use of the 52 building for blood drives, health screenings, health information meet- 53 ings, yoga classes, exercise classes or other activities intended to 54 promote the health of the congregants or other persons; and use of the 55 building by non-congregant members of the community for private social 56 functions. The building occupied as a place of worship does not ceaseA. 638 3 1 to be "exclusively" occupied as a place of worship where the not-for- 2 profit religious organization occupying the place of worship accepts the 3 payment of funds to defray costs related to another party's use of the 4 building. 5 (g) Notwithstanding the provisions of paragraph (b) of this subdivi- 6 sion, a license pursuant to this section for a premises which shall be 7 within five hundred feet of three or more existing premises licensed and 8 operating pursuant to this section may be issued if, after consultation 9 with the municipality or community board, it determines that granting 10 such license would be in the public interest. Before such license is 11 issued, a hearing shall be conducted, upon notice to the applicant and 12 the municipality or community board, and shall state its reasons there- 13 for. The hearing may be rescheduled, adjourned or continued, and notice 14 shall be given to the applicant and the municipality or community board 15 of any such rescheduled, adjourned or continued hearing. Before any said 16 license is issued, in addition to the hearing required by this para- 17 graph, a public meeting regarding said license shall be conducted, upon 18 notice to the applicant and the municipality or community board. The 19 public meeting may be rescheduled, adjourned or continued, and notice 20 shall be given to the applicant and the municipality or community board 21 of any such rescheduled, adjourned or continued public meeting. Notice 22 to the municipality or community board shall mean written notice mailed 23 to such municipality or community board at least fifteen days in advance 24 of any hearing scheduled pursuant to this paragraph. Any municipality or 25 community board may waive the fifteen day notice requirement. No prem- 26 ises having been granted a license pursuant to this section shall be 27 denied a renewal of such license upon the grounds that such premises are 28 within five hundred feet of a building or buildings wherein three or 29 more premises are licensed and operating pursuant to this section. 30 ยง 2. This act shall take effect on the first of November next succeed- 31 ing the date on which it shall have become a law.