File #: Int 2020-2020    Version: Name: Open captioning at motion picture theatres.
Type: Introduction Status: Enacted
Committee: Committee on Civil and Human Rights
On agenda: 7/28/2020
Enactment date: 1/15/2022 Law number: 2022/037
Title: A Local Law to amend the administrative code of the city of New York, in relation to open captioning at motion picture theaters
Sponsors: Helen K. Rosenthal, Mark Gjonaj , Margaret S. Chin, Carlina Rivera , Eric Dinowitz, Stephen T. Levin, Selvena N. Brooks-Powers, Brad S. Lander, Kevin C. Riley, Karen Koslowitz, Farah N. Louis, Inez D. Barron, Tiffany Cabán, Deborah L. Rose, Public Advocate Jumaane Williams
Council Member Sponsors: 15
Summary: This bill would require that movie theaters showing over 10 movies a week provide open captions for at least one quarter of all showings when a movie is shown four or more times. However, theaters more than four open caption showings of a single movie in one week would not be required. At least half of the open captioned showings would be during peak attendance hours. Peak attendance showings start after 5:59 and end before 11:01 on Friday and begin after 11:29 am and end before 11:01 pm on Saturday and Sunday. If fewer than one in eight showings is scheduled for peak attendance hours or similar times on other weekdays, the screening during those hours must be open captioned. Open caption showings that play at the same time do not count towards this minimum and a theater may show more open captioned movies than required. A theater must advertise open caption showings the same way they do other showings and must maintain documents to show compliance with these requirements for at least three years. A theater violating this law is subject to penalties. Films that are produced and distributed without open captioning are exempt from this requirement.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 2020-A, 2. Summary of Int. No. 2020, 3. Int. No. 2020, 4. July 28, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 7-28-20, 6. Minutes of the Stated Meeting - July 28, 2020, 7. Committee Report 12/2/21, 8. Hearing Testimony 12/2/21, 9. Hearing Transcript 12/2/21, 10. Proposed Int. No. 2020-A - 12/10/21, 11. Committee Report 12/14/21, 12. Hearing Transcript 12/14/21, 13. Committee Report - Stated Meeting, 14. December 15, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 12-15-21, 16. Int. No. 2020-A (FINAL), 17. Fiscal Impact Statement, 18. Legislative Documents - Letter to the Mayor, 19. Local Law 37
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/15/2022AHelen K. Rosenthal Administration City Charter Rule Adopted  Action details Meeting details Not available
1/14/2022AHelen K. Rosenthal City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/15/2021AHelen K. Rosenthal City Council Sent to Mayor by Council  Action details Meeting details Not available
12/15/2021AHelen K. Rosenthal City Council Approved by CouncilPass Action details Meeting details Not available
12/14/2021*Helen K. Rosenthal Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
12/14/2021*Helen K. Rosenthal Committee on Civil and Human Rights Amendment Proposed by Comm  Action details Meeting details Not available
12/14/2021*Helen K. Rosenthal Committee on Civil and Human Rights Amended by Committee  Action details Meeting details Not available
12/14/2021AHelen K. Rosenthal Committee on Civil and Human Rights Approved by CommitteePass Action details Meeting details Not available
12/2/2021*Helen K. Rosenthal Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
12/2/2021*Helen K. Rosenthal Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
11/23/2021*Helen K. Rosenthal City Council Re-referred to Committee by Council  Action details Meeting details Not available
7/28/2020*Helen K. Rosenthal City Council Referred to Comm by Council  Action details Meeting details Not available
7/28/2020*Helen K. Rosenthal City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2020-A

 

By Council Members Rosenthal, Gjonaj, Chin, Rivera, Dinowitz, Levin, Brooks-Powers, Lander, Riley, Koslowitz, Louis, Barron, Cabán, Rose and the Public Advocate (Mr. Williams)

 

A Local Law to amend the administrative code of the city of New York, in relation to open captioning at motion picture theaters

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 4 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 13 to read as follows:

SUBCHAPTER 13

MOTION PICTURE THEATERS

§ 20-699.7 Open captioning in motion picture theaters. a. Definitions. As used in this section, the following terms have the following meanings:

Motion picture. The term “motion picture” means a story or event recorded by a camera as a set of moving images.

Motion picture theater. The term “motion picture theater” means an entity in the business of providing showings of motion pictures to the general public.

Open motion picture captioning. The term "open motion picture captioning" means the written, on-screen display of a motion picture's dialogue and non-speech information, including music, the identity of the character who is speaking, and other sounds and sound effects.

Peak motion picture attendance hours. The term “peak motion picture attendance hours" means the hours between 5:59 p.m. and 11:01 p.m. on Friday and the hours between 11:29 a.m. and 11:01 p.m. on Saturday or Sunday.

b. Open motion picture captioning required. A motion picture theater that offers more than 10 motion picture showings per week shall provide scheduled showings of motion pictures with open motion picture captioning such that at least one quarter of all showings of a motion picture with four or more showings during a one-week time period shall have open motion picture captioning, except that no more than four open captioning showings of a single motion picture shall be required in a one-week time period.

c. Exceptions. A motion picture that is produced and distributed without open motion picture captioning is not subject to the provisions of subdivision b of this section.

d. Timing. 1. At least half of the scheduled showings required pursuant to subdivision b of this section shall begin and end within peak motion picture attendance hours, unless fewer than 1 in 8 showings of a motion picture is screened during peak motion picture attendance hours, in which case this requirement is met if all screenings of such motion picture during peak motion picture attendance hours have open motion picture captioning.

2. At least half of the scheduled showings required pursuant to subdivision b of this section that are scheduled outside of peak motion picture attendance hours shall start after 5:59 p.m. and finish before 11:01 p.m. on Mondays, Tuesdays, Wednesdays or Thursdays, unless fewer than 1 in 8 showings of a motion picture is screened after 5:59 p.m. on Mondays, Tuesdays, Wednesdays or Thursdays, in which case this requirement is met if all screenings of such motion picture during such times have open motion picture captioning.

3. No showing of a motion picture with open motion picture captioning that overlaps with another showing of a motion picture with open motion picture captioning shall be counted toward the minimum number of showings required by this section except where it is not practicable to avoid such overlap.

4. Nothing in this subchapter shall prevent a motion picture theater from showing more motion pictures with open captioning than required by subdivision b of this section.

e. Public notice. A motion picture theater subject to the provisions of subdivision b of this section shall advertise the date and time of motion picture showings required by subdivision b in the same manner as the motion picture theater advertises all other motion picture showings and shall indicate which showings will include open motion picture captioning.

f. Records. Every motion picture theater shall maintain documents sufficient to demonstrate compliance with the requirements of this subchapter for a period of at least three years.

g. Violations. Any motion picture theater that violates any of the provisions of this section shall be subject to a civil penalty of not less than $100 nor more than $500 for each violation.

§ 2. This local law takes effect 120 days after it becomes law.

AM/JG

LS #4891/13086/14038

12/7/21 6:19 PM