New York City Imposes Registration Requirement on Security Personnel for Clubs, Bars and Restaurants 

From Venulex.com 

New York City has extended the registration requirements under the Security Guard Act to bouncers and guards at city clubs, bar and restaurants. Amendments to the New York City Administrative Code are effective November 21, 2006, and will affect the following establishments employing security guards or bouncers: (1) "public dance halls" (places where "dancing is carried on and to which the public may gain admission, either with or without the payment of a fee"); (2) "cabarets" (places where "any musical entertainment, singing, dancing or other form of amusement is permitted in connection with the restaurant business or the business of directly or indirectly selling to the public food or drink"); (3) bars; and (4) restaurants. The new amendments essentially make the requirements of the 1992 New York State Security Guard Act applicable to individuals performing security-related services at the above establishments.

The amendments presume that anyone other than the owner whose job functions include, (1) the monitoring or guarding of the entrance or exit to manage ingress and egress for security purposes during the hours of operation and/or (2) the protection of the establishment from disorderly or other unlawful conduct by its patrons, is covered by these requirements.

Covered establishments only may employ individuals performing the above services if (a) a registration card for each individual is applied for and obtained from the Department of State or (b) the individual's possession of a valid registration card has been verified. For establishments that use security personnel directly employed by a third party, verification that each individual is properly registered satisfies this requirement.

Establishments directly employing security guards and bouncers, however, must ensure that each individual applies for and receives a registration card. To qualify for a registration card, the applicant must: (1) fill out (and affirm) an application; (2) complete eight hours of pre-assignment training; (3) be at least 18 years of age; (4) be a citizen or resident alien of the U.S.; (5) not have been convicted of any serious offense or misdemeanor or been denied authorization to perform security guard functions in any state; (6) be of good moral character and fitness; (7) not have been declared incompetent; (8) not have been discharged from a correctional or law enforcement agency for incompetence or misconduct, and; (9) not be disabled as a result of alcohol or drug use.

The application must be accompanied by fingerprints and photographs, which are submitted for a detailed criminal background check, including a check of the FBI database. The pre-assignment training must be conducted at state-certified training schools by training instructors. The training is solely a prerequisite to obtaining a registration card; once an individual is registered; there is no obligation to re-train for subsequent security guard assignments.

Additionally, once security guards/bouncers are properly registered and employed, covered establishments have certain continuing affirmative obligations, including but not limited to the following: (1) giving the State Department notice of any individual's resignation/termination/retirement within 15 days thereof; (2) filing a certificate of general liability insurance coverage with the State Department; (3) maintaining copies of all registration cards; and (4) maintaining books and records of employees who are security guards, and making such books and records available to the Secretary of State upon request.

With respect to penalties for violations, the City, through its corporation counsel, has the power to commence a civil proceeding to permanently enjoin violators (dance halls, cabarets, bars, and restaurants) from operating on the grounds that they are "public nuisances." Such a lawsuit may result in the permanent shut down of serial violators. The City also can seek a fine of $1000 for each day of the violation.

In addition, if an establishment with a cabaret license violates the law three times within two years, its cabaret license shall be suspended or revoked. And although the law is more ambiguous on this point, it appears that violations also may jeopardize covered establishments' place of assembly permits (more than 75 people indoors requires such a permit). Finally, since the new laws provide for the reporting of violations to the state liquor authority, violators also may be jeopardizing their establishments' liquor license.

From Venulex.com 

Samantha Abeysekera, an associate in the New York City office of Jackson Lewis LLP, assisted in the preparation of this article. Copyright © Jackson Lewis. Venulex resources are intended for informational purposes only and should not be construed as legal advice. 

New York City has extended the registration requirements under the Security Guard Act to bouncers and guards at city clubs, bar and restaurants. Amendments to the New York City Administrative Code are effective November 21, 2006...