Prohibits the opening of an adult book store within a one thousand foot radius of a primary or secondary school; defines adult book store; exempts existing establishments.
STATE OF NEW YORK
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7772
2009-2010 Regular Sessions
IN ASSEMBLY
April 23, 2009
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Introduced by M. of A. QUINN, MOLINARO, WALKER, GABRYSZAK, CALHOUN,
WEISENBERG, RAIA, ERRIGO, McDONOUGH, FINCH -- Multi-Sponsored by -- M.
of A. ALFANO, BALL, BARCLAY, BARRA, BURLING, CONTE, DUPREY, GIGLIO,
HAWLEY, KOLB, REILICH, SPANO, TOWNSEND -- read once and referred to
the Committee on Economic Development, Job Creation, Commerce and
Industry
AN ACT to amend the general business law, in relation to prohibiting
adult book stores within a one thousand foot radius of schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-ccc to read as follows:
3 § 399-ccc. Adult book stores prohibited within certain zones. 1. It
4 shall be unlawful for any person, firm or corporation to engage in the
5 business of operating or maintaining an adult book store within a one
6 thousand foot radius of an elementary or secondary school. This section
7 shall not apply to any premises upon which a person, firm, or corpo-
8 ration has been continuously conducting business as described in this
9 section from a date prior to the effective date of this section.
10 2. a. For purposes of this section, "adult book store" shall mean a
11 book store which has a substantial portion of its stock in-trade in any
12 one or more of the following:
13 (i) books, magazines, periodicals or other printed matter which are
14 characterized by an emphasis upon the depiction or description of "spec-
15 ified sexual activities" or "specified anatomical areas"; or
16 (ii) photographs, films, motion pictures, video cassettes, slides or
17 other visual representations which are characterized by an emphasis upon
18 the depiction or description of "specified sexual activities" or "speci-
19 fied anatomical areas".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08105-01-9
A. 7772 2
1 b. For the purpose of determining whether a book store has a "substan-
2 tial portion" of its stock in materials defined in paragraph a of this
3 subdivision, the following factors shall be considered:
4 (i) the amount of such stock accessible to customers as compared to
5 the total stock accessible to customers in the book store; and
6 (ii) the amount of floor area and cellar space accessible to customers
7 containing such stock; and
8 (iii) the amount of floor area and cellar space accessible to custom-
9 ers containing such stock as compared to the total floor area and cellar
10 space accessible to customers in the book store.
11 § 2. This act shall take effect immediately.
