STATE OF NEW YORK
________________________________________________________________________
1830
2011-2012 Regular Sessions
IN ASSEMBLY
January 12, 2011
___________
Introduced by M. of A. ORTIZ, PEOPLES-STOKES, CASTRO, GALEF, HOOPER --
Multi-Sponsored by -- M. of A. BARRON -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to establishing a
ten dollar surcharge for customers of sexually oriented businesses;
and to amend the state finance law, in relation to establishing the
crime victims fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-zzzz to read as follows:
3 § 399-zzzz. Sexually oriented business; surcharge. 1. For purposes of
4 this section, the following terms shall have the following meanings:
5 a. "nude" shall mean:
6 (i) entirely unclothed; or
7 (ii) clothed in a manner that leaves uncovered or visible through less
8 than fully opaque clothing any portion of the breasts below the top of
9 the areola of the breasts, if the person is female, or any portion of
10 the genitals or buttocks; and
11 b. "sexually oriented business" shall mean a nightclub, bar, restau-
12 rant, or similar commercial enterprise that provides for an audience of
13 two or more individuals live nude entertainment or live nude perform-
14 ances.
15 2. A surcharge shall be imposed on a sexually oriented business in an
16 amount equal to ten dollars for each entry by each customer admitted to
17 the business.
18 3. Each sexually oriented business shall remit the total of funds
19 collected from the surcharge established pursuant to this section to the
20 commissioner of taxation and finance for deposit into the crime victims
21 fund established pursuant to section eighty-seven of the state finance
22 law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04524-01-1
A. 1830 2
1 § 2. The state finance law is amended by adding a new section 87 to
2 read as follows:
3 § 87. Crime victims fund. 1. There is hereby established in the joint
4 custody of the state comptroller and the commissioner of taxation and
5 finance a special revenue fund to be known as the "crime victims fund".
6 2. Such fund shall consist of the revenues received pursuant to
7 section three hundred ninety-nine-zzzz of the general business law, and
8 all other monies appropriated, credited, or transferred thereto from any
9 other fund or source pursuant to law.
10 3. Monies of the fund when allocated, shall be made available to the
11 crime victims board to fund programs for victims of crime, including,
12 but not limited to, victims of domestic violence, hate crimes, human
13 trafficking and child prostitution.
14 4. Money shall be payable from the fund on the audit and warrant of
15 the state comptroller on vouchers approved and certified by the commis-
16 sioner of correctional services.
17 § 3. This act shall take effect on the thirtieth day after it shall
18 have become a law.
