§ 79-o. Closed captioning in places of public accommodation, resort or amusement. 1. A place of public accommodation, resort or amusement, as defined in subdivision nine of section two hundred ninety-two of the executive law, shall upon request be required to have closed captioning enabled on all televisions that are located in the public area of such establishment during regular hours of business. The regular hours of business of the place of public accommodation, resort or amusement shall be the hours of operation as posted in such establishment. 2. The provisions of this section shall not apply if:

(a) no televisions in the public area of the place of public accommodation, resort or amusement are capable of providing closed captioning; or

(b) in the event that two televisions in the public area of the place of public accommodation, resort or amusement have the same channel being broadcast, only one of the televisions shall be subject to this section. 3. As used in this section:

(a) "closed captioning" shall mean a feature on a television that when activated will visually display a transcription of the audio portion of video programming; and

(b) "public area" shall mean the section of a place of public accommodation, resort or amusement that is open to the general public.