§ 475. Crowd control plans in certain places of public assembly. 1.\n(a) For the purposes of this section places of public assembly shall be\nthose with an occupancy capacity of at least five thousand persons and\nshall include:
(i)all stadiums, ballparks, gymnasiums, fieldhouses,\narenas, civic centers and similar facilities used for the conduct of\nsporting events; and (ii) concert halls, recital halls, theatres, indoor\nand outdoor amphitheatres or other auditoriums used for the presentation\nof musical renditions or concerts by living persons who appear in the\nimmediate presence of their audience and which rely primarily for effect\non the use of electronic amplification of accompaniment and principal\nvoice or instrument together with visual and other special effects and\nwhose mu
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§ 475. Crowd control plans in certain places of public assembly. 1.\n(a) For the purposes of this section places of public assembly shall be\nthose with an occupancy capacity of at least five thousand persons and\nshall include: (i) all stadiums, ballparks, gymnasiums, fieldhouses,\narenas, civic centers and similar facilities used for the conduct of\nsporting events; and (ii) concert halls, recital halls, theatres, indoor\nand outdoor amphitheatres or other auditoriums used for the presentation\nof musical renditions or concerts by living persons who appear in the\nimmediate presence of their audience and which rely primarily for effect\non the use of electronic amplification of accompaniment and principal\nvoice or instrument together with visual and other special effects and\nwhose musical renditions or concerts are represented by the performers\nto be, or advertised by the management of such halls, theatres,\namphitheatres or auditoriums as, rock and/or rapp renditions or\nconcerts. Such places of public assembly shall include the means of\ningress thereto and egress therefrom. Places of public assembly shall\nnot include halls owned by churches, religious organizations, granges,\npublic associations, free libraries as defined by section two hundred\nfifty-three of the education law, and facilities for the performance of\nsporting events or rock and/or rapp musical renditions owned and used by\npublic and nonpublic primary and secondary schools and boards of\ncooperative educational services.\n (b) For the purposes of this section, operator shall include the\nprimary tenant of a place of public assembly or the person or persons\nresponsible for the operation and management of said place of public\nassembly. If no operator of said place of public assembly can be\nascertained, then the owner shall be deemed the operator. In any event,\nthe designation of such operator of said place of public assembly shall\nbe included in all plans of compliance filed in accordance with this\nsection.\n 2. The operators of places of public assembly as defined in this\nsection shall establish a plan to be used for the purposes of crowd\ncontrol in the event of a riot. Said plan shall include and set forth\nany programs mandated by section one hundred six-b of the alcoholic\nbeverage control law or any other requirement of such law, and\nadditional procedures designed to control the over-consumption of\nalcoholic beverages at such places of public assembly, which operators\ndeem to be necessary or desirable for inclusion in the plan. Said plan\nshall be filed with the New York state emergency management office as\nfollows: (i) with respect to places of public assembly in existence on\nthe effective date of this section which have been used for sporting\nevents or presentations described in subparagraph (ii) of paragraph (a)\nof subdivision one of this section, said plan shall be filed on or\nbefore March first, in the year next succeeding the year in which this\nsection shall have become a law; and (ii) with respect to places of\npublic assembly constructed after the effective date of this section or\nwith respect to existing facilities used for the first time for\npresentation of sporting events or musical renditions or concerts\ndescribed in subparagraph (ii) of paragraph (a) of subdivision one of\nthis section, said plan shall be filed thirty days before the sporting\nevent or the presentation of such musical renditions or concerts so\ndescribed. Additionally, the plan shall be filed with the police and\nfire departments of the locality in which such place of public assembly\nis located, as well as with the state or county law enforcement agency\nhaving the primary responsibility to respond with the local police\ndepartment in the event of an emergency. With respect to the operation\nof places of public assembly by a governmental entity which provides its\nown police and fire protection, plans shall be established in\nconsultation with the officers charged with responsibility for providing\nsuch protection and enforcement.\n 3. The New York state emergency management office shall issue a report\nwith recommendations to the governor and the legislature relative to the\nsufficiency of crowd control planning on or before March fifteenth,\nnineteen hundred ninety.\n 4. No owner, operator, governmental entity or any employee, officer,\nor agent thereof shall be liable for any claim filed by a person based\nupon negligence in the preparation or filing of such plans required\nunder this section.\n