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
§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
§ 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
§ 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
§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
§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
§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
§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
§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
§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
§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
§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.