Int. No. 259
By Council Members Weiner, Freed, Marshall, Michels, Spigner, Provenzano, Golden, Sabini and Linares.
A Local Law to amend the administrative code of the city of New York, in relation to gates used to secure commercial premises.
Be it enacted by the Council as follows:
Section 1. Legislative declaration. It is hereby found that the use of security gates which allow one to see into commercial premises are preferable to solid gates in securing such premises, because these "see-through" gates contribute to brighter and safer streets, allow for easier and more effective law enforcement and greater safety in the event of a fire, and improve the aesthetics of the surrounding area by removing a backdrop for graffiti and eliminating the illusion of a continuous wall of solid metal along the commercial street. This legislation requires that a gate which is installed subsequent to the effective date for the purpose of serving a commercial premises, must allow for at least fifty percent visibility of the area covered and that such gate be installed by a licensed gate installer.
§ 2. Chapter 2 of title twenty-seven of the administrative code of the city of New York is amended by adding a new subchapter 33 to read as follows:
SUBCHAPTER 32
GATE INSTALLER
§ 20-539 Definitions. 1. Whenever used in this subchapter, the term "gate installer" shall mean a person who installs a gate on commercial premises.
2. Whenever used in this subchapter, the term "commercial premises" shall mean any premises abutting the sidewalk at which goods or services are sold directly to consumers or other businesses, and may, in appropriate instances to be determined by the commissioner, also include any other class of real property that is used for the conduct of any business, trade or profession.
§ 20-540 License required. It shall be unlawful for any person to install a gate on a commercial premise without a license therefor.
§ 20-541 License fees. The fee for a gate installer's license shall be fifty dollars.
§ 20-542 Regulations. a. It shall be unlawful for any person other than a licensed gate installer to install a gate on commercial premises.
§ 20-543 Issuance, suspension and revocation of locksmith licenses. In addition to any other powers of the commissioner with respect to licensing pursuant to this title:
1. the commissioner shall suspend a license issued under this subchapter for thirty days for any two violations of section 27-371.1 of this code, or any rules promulgated pursuant thereto, committed by the licensee within a period of twelve months, as determined by a court or administrative agency of competent jurisdiction. Any violation committed by an officer, principal, director, employee or stockholder owning more than ten percent of the outstanding stock of such licensee, shall be deemed to have been committed by the licensee;
2. the commissioner shall revoke a license issued under this subchapter for any three violations of such section committed by the licensee within a period of eighteen months, as determined by a court or administrative agency of competent jurisdiction. For the purpose of determining such period, any period of suspension pursuant to subdivision one of this section shall be excluded. Any violation committed by an officer, principal, director, employee or stockholder owning more than ten percent of the outstanding stock of such licensee shall be deemed to have been committed by the licensee; and
3. the commissioner shall not issue a new license under this subchapter to any applicant, where such applicant or any of its officers, principals, directors, employees or stockholders owning more than ten percent of the outstanding stock of a licensee, the license of which has been revoked pursuant to subdivision two of this section, for a period of two years after such revocation.
§3. Article 5 of subchapter 6 of chapter 1 of title 27 of the administrative code of the city of New York is amended by adding thereto a new section 27-371.1, to follow section 27-371, to read as follows:
§27-371.1 Gates. a. When a gate is used to secure a commercial premise, such gate, when closed, shall permit visibility from the outside of at least fifty percent of the area covered by such gate, except that a gate which permits visibility of less than fifty percent of the area covered may be used where the landmarks preservation commission has approved the installation of such gate, or where such gate had been installed prior to the effective date of this section.
b. For purposes of this section, the term "commercial premises" means any premises abutting the sidewalk at which goods or services are sold directly to consumers or other businesses, and may, in appropriate instances to be determined by the commissioner, also include any other class of real property that is used for the conduct of any business, trade or profession.
§4. This local law shall take effect one hundred and eighty days after its enactment into law.
hb97\intros\473b
4/15/97
11:00am