[HISTORY: Adopted by the Suffolk County Legislature 11-18-2008 by L.L. No.
46-2008 (Ch. 291 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
GENERAL REFERENCES
Film Commission — See Ch. 82.
A.
This Legislature hereby finds and determines that the County of Suffolk
offers unlimited and unique opportunities for motion picture, television
and still photography production.
B.
This Legislature also finds that, in order to encourage, promote
and assist the motion picture/television film industry in utilizing
natural and man-made resources of the County, in 1979 the Legislature
created the Suffolk County Motion Picture/Television Film Commission
(hereinafter "Commission" or "MP/TVFC").
C.
This Legislature also finds that the functions of the Commission are set forth in Chapter 82 of the Administrative Local Laws of Suffolk County.
D.
This Legislature also finds that the State of New York, in recognition
of the benefits of motion picture and television development in the
state, has enacted various tax incentives to encourage such development,
including the Empire State film production credit, the commercial
production tax credits, sales tax exemptions and investment tax credit.
E.
This Legislature further finds that increased motion picture, television
and still photography production in the County will result in additional
tax revenues, jobs for citizens and income to local businesses.
F.
This Legislature also finds that with 43 separate towns and incorporated
villages within the County, it is difficult for persons seeking permission
to film at locations within the County to navigate the necessary administrative
hurdles.
G.
This Legislature further finds that the Commission has established
a website to assist persons seeking permission to film at locations
within Suffolk County.
H.
This Legislature also finds that legislative approval is necessary
for use of County lands and facilities.
I.
This Legislature also finds that it would be in the public interest
to allow use of County lands and facilities for motion picture, television
and still photography production, provided no costs are incurred,
government function is not impeded and there is minimal public inconvenience.
As used in this chapter, the following terms shall have the
meanings indicated:
The Commissioner of Economic Development and Workforce Housing.
Motion pictures, television and still photography produced
by a nonprofit organization, which qualifies under Section 501(c)3
of the Internal Revenue Code as a charitable organization. No person,
directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films, tapes, or photos.
All activity attendant to production, staging or shooting
motion pictures, television shows or programs, music videos and commercials
in any medium, including film, tape or digital format.
The photographing, filming or videotaping for the purpose
of television news broadcast or reporting for the print or electronic
media by reporters, photographers or cameramen.
The individual or entity that is issued a permit to engage
in motion picture, television and still photography production on
County-owned property or facilities.
Motion pictures, television and still photography produced
pursuant to the curriculum of an educational institution chartered
by the State of New York. No person, directly or indirectly, shall
receive a profit from the marketing and production of the film or
from showing the films, tapes, or photos.
Written authorization to engage in motion picture, television
and still photography production on County-owned property or facilities.
A paper or electronic form to be used to apply for permission
to engage in motion picture, television and still photography production
on property or facilities owned by the County. The uniform film permit
application may also be used to apply for permission to engage in
motion picture, television and still photography production on properties
owned by municipalities that have adopted its use.
A.
No person shall engage in motion picture, television and still photography
production on any County property or facility without a Suffolk County
film permit.
B.
No person shall violate federal, state or local law or health and
safety codes while engaging in motion picture, television and still
photography on any County property or facility. Any waiver of local
law or regulations must be specifically provided for in the Suffolk
County film permit.
The provisions of this chapter shall not apply to news media
and shall not apply to filming or videotaping of motion pictures or
still photography for private use.
A.
The Commissioner of Economic Development and Workforce Housing is
hereby authorized, empowered and directed to establish a Uniform Film
Permit Program in accordance with this chapter.
B.
The Commissioner is authorized and empowered to issue Suffolk County
film permits in accordance with this chapter and the rules and regulations
promulgated hereunder. No further legislative approval will be necessary
to engage in motion picture, television and still photography production
on County land or facilities when such activity is authorized by a
Suffolk County film permit.
C.
County lands and facilities shall not be utilized for motion picture,
television and still photography production when such use would interfere
with public health or safety, the function of government or cause
substantial inconvenience to the public.
D.
Establishment of this Uniform Film Permit Program shall not be construed
to create a right to utilize any County lands and facilities for motion
picture, television and still photography production.
E.
Suffolk County film permits shall require an acknowledgment in the
film credits that the film was shot within the County with the assistance
of the Suffolk County Film Commission.
A.
The Commissioner shall submit to the Legislature, no later than 60
days after this chapter is adopted, a proposed list of fees to be
charged for Suffolk County film permits. Such fees shall be approved,
and may be amended from time to time, by duly enacted resolution of
the Legislature.
B.
The Commissioner shall, in consultation with the Department of Public
Works, the Department of Health Services, the Department of Parks,
Recreation and Conservation, the Police Department, the Sheriffs Department
and the Department of Law, develop rules and procedures for notification
and review of requests to utilize County-owned properties or facilities
for motion picture, television and still photography production. Said
rules and procedures shall include a review of health and safety requirements,
commensurate with the size and scope of a production, by necessary
departments.[1]
C.
The Commissioner shall submit such rules and procedures to the Legislature,
no later than 60 days after this chapter is adopted. Such rules and
procedures shall be approved, and may be amended from time to time,
by duly enacted resolution of the Legislature.
A.
A Suffolk County uniform film permit application, in such paper or
electronic form as the Department of Economic Development and Workforce
Housing/Office of Film and Cultural Affairs shall determine, must
be filed with the following information:
(1)
The address and name of the facility where the activity is to be
conducted.
(2)
The specific location at the facility.
(3)
The inclusive hours and dates such activity will occur, including
necessary set-up time.
(4)
A general statement of the character or nature of the proposed filming
activity.
(5)
The name, address and telephone number of the production company
or person conducting the activity.
(6)
The exact number of personnel to be involved.
(7)
Use of any animals or pyrotechnics.
(8)
The exact amount/type of vehicles/equipment to be involved.
(9)
If a student film, a letter from the school verifying that it is
being done pursuant to the curriculum of an educational institution
chartered by the State of New York.
(10)
If a charitable film, proof of the organization's Section
501(c)3 status.
B.
A uniform film permit application must be filed at least five business
days prior to the proposed filming date, unless otherwise approved.
Additional time may be required to review applications, at the discretion
of the Commissioner.
A.
General liability insurance shall be required as a condition of Suffolk
County film permits, in an amount to be determined by the Department
of Risk Management.
B.
Production companies shall conform to all applicable federal and
state requirements for workers' compensation insurance for all persons
operating under a permit.
C.
Production companies shall be required to execute a hold-harmless
agreement in connection with the permit, in such form as may be approved
by the County Attorney.
D.
Where deemed necessary, production companies may be required to submit
a refundable security deposit to assure cleanup of the site.
A.
Film permit fees, as approved by duly enacted resolution of the Legislature,
shall be due and payable before a permit is issued. Fees shall be
posted on the Suffolk County Motion Picture/Television Film Commission
website.
B.
In addition to film permit fees, the production company shall reimburse
the County for any personnel provided to assist the production or
other hard costs incurred by the County in connection with the production.
C.
Unless the production will interfere with use of property or a facility,
there shall be no fee for permits for charitable or student films
at County facilities other than airport facilities.
Violation of the terms of a permit, this chapter or any rules
or regulations promulgated pursuant to this chapter shall result in
the permit being cancelled. Any such violation shall also be cause
for denial of future permits.
The Commissioner, working with the Office of Film and Cultural
Affairs and the Suffolk County Motion Picture/Television Film Commission,
is authorized, empowered and directed to work with the towns and villages
to streamline the process for production companies seeking permits
to engage in motion picture, television and still photography within
the County. To the extent feasible, towns and villages should be encouraged
to adopt the Suffolk County uniform film permit application for review
and issuance of film permits in their own jurisdictions.
This chapter shall take effect no sooner than 120 days after
filing in the Office of the Secretary of State.
