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businesses that are devoted to adult entertainment but do not publicly proclaim the fact were <br />not included in the DCP survey. The survey was further restricted to three types of such uses: <br />adult video and bookstores, adult live or movie theaters, and topless or nude bars. Other uses <br />directly associated with the commercialization of sex, such as massage parlors or brothels <br />(which are not permitted in New York City), and sex clubs, as well as some of those uses <br />indirectly associated with the commercialization of sex such as discos, motels, newsstands, <br />and candy stores that sell some adult magazines, were excluded from the study. <br />The term "adult use" is technically defined differently from municipality to municipality, but <br />generally refers to a commercial establishment that purveys materials or services of a sexual <br />nature. For example, both the City of Boston, Massachusetts, and the Town of Islip, New York, <br />classify adult book stores to mean those that exclude minors by reason of age.3 Other cities <br />such as Detroit and Los Angeles classify adult uses on the basis of the content of the materials <br />shown or the types of activities that may be found in adult establishments; the uses emphasize <br />"specified sexual activities" or "specified anatomical areas.` A movie theater generally showing <br />adult films is an example of such a use. <br />"The adults -only definition recommended to be applied in the Islip Town ordinance avoids emphasis on the <br />content of material, thereby avoiding Constitutional questions based on the First Amendment, and allowing <br />pornographic uses to define themselves." Study and Recommendations for Adult Entertainment Businesses <br />in the Town of Islip, Town of Islip Department of Planning and Development, 1978. <br />1 "Specified Anatomical Areas" shall mean and include any of the following: (a) Less than completely and <br />opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately <br />above the top of the areolae; or (b) Human male genitals in a discernibly turgid state, even if completely and <br />opaquely covered. "Specified Sexual Activities" shall mean and include any of the following: (a) The fondling <br />or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (b) Sex acts, normal <br />or perverted, actual or simulated, including intercourse, oral copulation or sodomy; (c) masturbation, actual <br />or simulated; or (d) Excretory functions as part of or in connection with any of the activities set forth in (a) <br />through (c) above. Planning and Zoning Code, Los Anocles, Section 12.70.B.13 -B.14. <br />EVER.00101 <br />