Article 117 - PLACES OF ASSEMBLY

Section 28-117.1

Section 28-117.1

  §28-117.1  Place  of  assembly  certificate  of operation. It shall be
unlawful to use or occupy any building or space as a place  of  assembly
without  a  certificate  of  operation  issued  by  the commissioner. An
application for  a  certificate  of  operation  shall  be  made  to  the
department   in  such  form  and  containing  such  information  as  the
commissioner shall provide. The department shall inspect every place  of
assembly  space prior to the issuance of a certificate of operation. The
commissioner shall not issue  a  certificate  of  operation  unless  the
department  determines  that  the  space  conforms  substantially to the
approved construction documents and to the provisions of this  code  and
that  the certificate of occupancy authorizes such use. A certificate of
operation shall not be issued to a place of assembly  providing  seating
or  other  moveable  furnishings unless the commissioner approves a plan
conforming to this code and the rules of  the  department.  Seating  and
other  moveable  furnishings  shall  be  maintained  at all times during
occupancy in accordance with the approved plan. Any  amendment  of  such
plan shall be subject to the prior approval of the commissioner.

Section 28-117.1.1

Section 28-117.1.1

  §28-117.1.1   Contents   of  the  place  of  assembly  certificate  of
operation.  The place of assembly certificate of operation shall contain
the place of assembly certificate number, the number of persons who  may
legally occupy the space and any other information that the commissioner
may  determine. Such place of assembly certificate of operation shall be
framed and mounted in a location that  is  conspicuously  visible  to  a
person entering the space. For the purposes of this article a department
issued  place  of  assembly  permit  or place of assembly certificate of
operation shall be valid until its expiration, at which time a new place
of assembly certificate of operation shall  be  required  in  accordance
with  the provisions of this article and with the filing requirements of
the department.

Section 28-117.1.2

Section 28-117.1.2

  §  28-117.1.2  New  certificate  required.  The following changes to a
place of assembly shall require a new place of assembly  certificate  of
operation  instead  of  an  amendment  filed  in accordance with section
28-117.1.3:
  1. For a department issued  place  of  assembly  permit  or  place  of
assembly  certificate  of  operation that does not have a nine-digit job
number, any change of zoning use group,  assembly  occupancy  group  A-1
through A-5, or any of the changes set forth in section 28-117.1.3.
  2.  For all other department issued place of assembly permits or place
of assembly certificates of operation, any change of zoning use group or
assembly occupancy group A-1 through A-5.

Section 28-117.1.3

Section 28-117.1.3

  §  28-117.1.3  Amendments.  No  change  shall  be  made  to a place of
assembly that is inconsistent with the most  recently  issued  place  of
assembly certificate of operation or renewal unless an amendment to such
certificate  is  filed  with and approved or accepted by the department.
Changes that require an amendment include any of the following:
  1. Any physical change requiring an alteration permit to be issued  by
the department.
  2.   Any  amendment  to  the  plan  for  seating  and  other  moveable
furnishings, in accordance with section 28-117.1.
  3. Any change to the name of the establishment.

Section 28-117.2

Section 28-117.2

  §28-117.2 Temporary place of assembly certificate of operation. At the
commissioner's  discretion,  a temporary certificate of operation may be
issued for a place of assembly space upon request by  the  applicant  in
accordance with this code provided that public safety is not jeopardized
thereby. The applicant shall notify the fire department when a temporary
place of assembly certificate of operation is issued.

Section 28-117.3

Section 28-117.3

  §28-117.3  Duration of certificate. A place of assembly certificate of
operation shall be issued by the department and shall be  effective  for
one  year  after  its  issuance.  Thereafter,  such certificate shall be
effective only for periods of time during which there is  in  effect  an
annual  place  of assembly permit issued by the fire department pursuant
to section 105.6 of the New York city fire code.

Section 28-117.4

Section 28-117.4

  §28-117.4  Security  guards.  In the case of a certificate holder that
offers for sale food and/or beverages for on-premises  consumption,  but
not  including  establishments operated by a not-for-profit corporation,
and employs or uses the services of a security guard, as  that  term  is
defined  in  subdivision  six  of  section  eighty-nine  of  the general
business law, such certificate holder shall comply with  the  provisions
of article 7-A of the general business law, shall obtain proof that such
security  guard  is  registered  pursuant  to article 7-A of the general
business law, shall maintain such proof in a readily available location,
in accordance with rules promulgated  by  the  commissioner  during  all
hours  in  which  such  place  of  assembly is open to the public, shall
maintain a roster of all security guards working at any given time  when
such  place  of  assembly  is open to the public, and shall require each
security guard to maintain on his or her person proof of registration at
all times when on the premises.

Section 28-117.4.1

Section 28-117.4.1

  §28-117.4.1  Presumption. For purposes of this section, there shall be
a rebuttable presumption that a person employed or  whose  services  are
retained  at  a  place of assembly is a security guard if his or her job
functions include:
  1. The monitoring or guarding of the entrance or exit of such place of
assembly to manage ingress and egress to  such  place  of  assembly  for
security  purposes  during the hours of operation of such establishment;
and/or
  2. Protection of such place  of  assembly  from  disorderly  or  other
unlawful conduct by patrons of such place of assembly.

Section 28-117.4.1.1

Section 28-117.4.1.1

  §28-117.4.1.1  Presumption  not  applicable  to  owner. The rebuttable
presumption in section 28-117.4.1 shall not apply to an  individual  who
is  an  owner of the establishment as described in section 28-117.4 that
has received a place of assembly certificate of operation.

Section 28-117.4.2

Section 28-117.4.2

  §28-117.4.2   Responsibility   for   violations.  Notwithstanding  any
provision of this section, only the holder of a certificate of operation
shall be liable for violations of  this  article  that  relate  to  such
holder's obligations regarding security guards.

Section 28-117.4.3

Section 28-117.4.3

  §28-117.4.3  Enforcement.  In addition to employees of the department,
employees of the  police  department  and  the  department  of  consumer
affairs  shall  have  the  authority  to  enforce the provisions of this
article regarding security guards.

Section 28-117.4.4

Section 28-117.4.4

  §28-117.4.4  State  liquor authority reporting. The enforcement agency
shall report any violation of the provisions of this section relating to
security guards to the state liquor  authority  if  the  holder  of  the
certificate  of  operation  holds  a  license  pursuant to the alcoholic
beverage control law.