STATE OF NEW YORK
        ________________________________________________________________________

                                           766

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. L. ROSENTHAL, JEAN-PIERRE, SIMON, DE LOS SANTOS,
          SEAWRIGHT -- Multi-Sponsored by -- M. of A. COOK, HYNDMAN -- 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 20 to read as follows:
     3    20. 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-
    22  sively  occupied as a place of worship; and except that no license shall
    23  be denied to any premises, which is within five hundred feet of three or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00754-01-3

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     1  more existing gunsmiths or dealers in firearms  licensed  and  operating
     2  pursuant to this section, at which a license under this chapter has been
     3  in  existence  continuously  on or prior to November first, two thousand
     4  twenty-three.
     5    (d)  Within the context of this subdivision, the word "entrance" shall
     6  mean a door regularly used to give ingress to a child day care or educa-
     7  tional facility, a house of worship,  premises  licensed  and  operating
     8  pursuant  to  this section by a gunsmith or dealer in firearms or of the
     9  premises sought to be licensed. Where a child day  care  or  educational
    10  facility,  a house of worship, or premises licensed and operating pursu-
    11  ant to this section by a gunsmith or dealer in firearms or the  premises
    12  sought  to be licensed is set back from a public thoroughfare, the walk-
    13  way or stairs leading to any such door shall be deemed an  entrance  and
    14  the measurement shall be taken to the center of the walkway or stairs at
    15  the  point  where  it  meets the building line or public thoroughfare. A
    16  door which has no exterior hardware, or which is used solely as an emer-
    17  gency or fire exit, or for maintenance purposes, or which leads directly
    18  to a part of a building not regularly used  by  the  general  public  or
    19  patrons, is not deemed an "entrance".
    20    (e)  Within  the  context  of  this  subdivision, a "child day care or
    21  educational facility" means (i) in or on or within any building,  struc-
    22  ture,  athletic playing field, a playground or land contained within the
    23  real property boundary line of a public or private child day care center
    24  as such term is defined in paragraph (c) of subdivision one  of  section
    25  three hundred ninety of the social services law, or nursery, pre-kinder-
    26  garten  or  kindergarten,  or  (ii)  any  area  accessible to the public
    27  located within one thousand feet of  the  real  property  boundary  line
    28  comprising  any such facility. For the purposes of this section an "area
    29  accessible to the public" shall mean sidewalks, streets,  parking  lots,
    30  parks, playgrounds, stores and restaurants.
    31    (f)  Within  the context of this subdivision, a building occupied as a
    32  place of worship does not cease to be "exclusively" occupied as a  place
    33  of  worship  by incidental uses that are not of a nature to detract from
    34  the predominant character of the building as a place  of  worship,  such
    35  uses which include, but which are not limited to: the conduct of legally
    36  authorized  games  of  bingo or other games of chance held as a means of
    37  raising  funds  for  the  not-for-profit  religious  organization  which
    38  conducts  services  at  the place of worship or for other not-for-profit
    39  organizations or groups; use of the building for  fund-raising  perform-
    40  ances  by or benefitting the not-for-profit religious organization which
    41  conducts services at the place of worship or other not-for-profit organ-
    42  izations or groups; the use of the building by other religious organiza-
    43  tions or groups for religious services or other purposes; the conduct of
    44  social activities by or for the benefit of the congregants; the  use  of
    45  the  building  for  meetings  held  by organizations or groups providing
    46  bereavement counseling to persons having suffered the loss  of  a  loved
    47  one,  or  providing advice or support for conditions or diseases includ-
    48  ing, but not limited to, alcoholism, drug  addiction,  cancer,  cerebral
    49  palsy,  Parkinson's  disease,  or  Alzheimer's  disease;  the use of the
    50  building for blood drives, health screenings, health  information  meet-
    51  ings,  yoga  classes,  exercise  classes or other activities intended to
    52  promote the health of the congregants or other persons; and use  of  the
    53  building  by  non-congregant members of the community for private social
    54  functions.  The building occupied as a place of worship does  not  cease
    55  to  be  "exclusively"  occupied as a place of worship where the not-for-
    56  profit religious organization occupying the place of worship accepts the

        A. 766                              3

     1  payment of funds to defray costs related to another party's use  of  the
     2  building.
     3    (g)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
     4  sion, a license pursuant to this section for a premises which  shall  be
     5  within five hundred feet of three or more existing premises licensed and
     6  operating  pursuant to this section may be issued if, after consultation
     7  with the municipality or community board, it  determines  that  granting
     8  such  license  would  be  in the public interest. Before such license is
     9  issued, a hearing shall be conducted, upon notice to the  applicant  and
    10  the  municipality or community board, and shall state its reasons there-
    11  for. The hearing may be rescheduled, adjourned or continued, and  notice
    12  shall  be given to the applicant and the municipality or community board
    13  of any such rescheduled, adjourned or continued hearing. Before any said
    14  license is issued, in addition to the hearing  required  by  this  para-
    15  graph,  a public meeting regarding said license shall be conducted, upon
    16  notice to the applicant and the municipality  or  community  board.  The
    17  public  meeting  may  be rescheduled, adjourned or continued, and notice
    18  shall be given to the applicant and the municipality or community  board
    19  of  any  such rescheduled, adjourned or continued public meeting. Notice
    20  to the municipality or community board shall mean written notice  mailed
    21  to such municipality or community board at least fifteen days in advance
    22  of any hearing scheduled pursuant to this paragraph. Any municipality or
    23  community  board may waive the fifteen day notice requirement.  No prem-
    24  ises having been granted a license pursuant to  this  section  shall  be
    25  denied a renewal of such license upon the grounds that such premises are
    26  within  five  hundred  feet  of a building or buildings wherein three or
    27  more premises are licensed and operating pursuant to this section.
    28    § 2. This act shall take effect on the first of November next succeed-
    29  ing the date on which it shall have become a law.