A04606 Summary:

BILL NO    A04606 

SAME AS    Same as S 6300

SPONSOR    Latimer (MS)

COSPNSR    Lavine, Benedetto, Lupardo, Galef, Quinn, Robinson

MLTSPNSR   Barra, Benjamin, Brennan, Colton, DelMonte, Fields, Magee, Mayersohn,
           Peoples-Stokes, Pheffer, Reilly, Titus

Add Art 13-E S300, Gen Muni L

Prohibits the operation of an adult entertainment business within 1000 feet of
a school, place of worship, etc., unless expressly permitted by local
ordinance; defines adult entertainment business.

A04606 Actions:

BILL NO    A04606 

02/05/2009 referred to economic development
01/06/2010 referred to economic development

A04606 Votes:

A04606 Memo:

 BILL NUMBER:  A4606

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to prohibiting the location of an adult entertainment
business within one thousand feet of certain public places

 PURPOSE OR GENERAL IDEA OF BILL : This bill would prohibit the
operation of an adult entertainment business within 1000 feet of any
public place of worship, any school or bus stop, any municipal or
county playground or place designated for public recreation, or any
area zoned for residential use.

 SUMMARY OF SPECIFIC PROVISIONS : Article 13-E is added to the General
Municipal Law.

 JUSTIFICATION : Due to the controversial and potentially offensive
nature of adult entertainment establishments, safeguards limiting
their proximity to family and child oriented public places must be
implemented. By providing for a zoning restriction of 1000 feet, this
bill installs a significant buffer between these sensitive public
spaces and adult entertainment businesses.  Municipalities may,
however, exercise a great deal of discretion in this matter by
promulgating local ordinances that permit variance from this rule.

The proliferation of adult oriented businesses in areas where
community members find them obtrusive and/or offensive necessitates
the streamlined zoning regulation contained in this bill. The
allowance for local override ensures that municipalities remain fully
able to regulate the location of these establishments in keeping with
community values and standards.

 PRIOR LEGISLATIVE HISTORY :
2003-04: A9981 - Held for consideration in Economic Development S.6463
- (Oppenheimer) Referred to Local Government
2005-06: A5009 - (Latimer) Held in Assembly Economic Development
S.3225 -  (Volker) Referred to Senate Local Government
2007-08: A1215 - (Latimer) Held in Assembly Economic Development
S.4141 -  (Volker) Referred to Senate Local Government

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect on the one hundred
eightieth day after it shall have become a law.