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IV. ADULT ENTERTAPSTNMNT ZONING IN NEW YORK CITY <br />Current Zoning <br />The Zoning Resolution of the City of New York currently regulates several general classes <br />of commercial establishments which may or may not be characterized as adult uses.49 For <br />example, the Resolution regulates: <br />• theaters (including movie houses) <br />• bookstores (including video stores) <br />• eating or drinking establishments (including bars). <br />The zoning regulations are no different for a neighborhood video store or a triple -X video <br />store, or for a bar or a topless or nude bar. However, the Resolution does distinguish physical <br />culture or health establishments from adult physical culture or health establishments.5° <br />Theaters, bookstores, and bars are commercial uses, generally allowed as -of -right in most <br />commercial and manufacturing districts. Commercial uses are generally prohibited from <br />locating in residence districts. However, some commercial uses that are non -conforming in <br />residence districts are essentially "grandfathered" and may continue at these locations until <br />they have been abandoned for a period of time. <br />T3z eaters <br />Theaters (which include movie houses or motion picture theaters) are listed in the Zoning <br />Resolution in Use Groups 8 and 13. Theaters are allowed as -of -right in C2 (Local Service), <br />C4 (General Commercial), C6 (General Central Commercial), C7 (Commercial Amusement) <br />and C8 (General. Service) Districts. Theaters limited to a maximum capacity of 500 persons <br />are allowed in Cl (Local Retail) Districts only by special permit of the Board of Standards <br />and Appeals (BSA). In C1-5 through C1-9 Districts (mapped in high density areas), motion <br />picture theaters must provide an indoor waiting area based on seating capacity. <br />Theaters are also allowed as -of -right in most manufacturing districts, except that in M1 -5A <br />and M1 -5B Districts (mapped in Soho and Noho in Manhattan) theaters with 100 or more <br />seats are allowed only by special permit of the Board of Standards and Appeals. <br />49 The Zoning Resolution of The City of New York, adopted December 15, 1960, and as amended. <br />sn The latter establishments, massage parlors, are considered to purvey prostitution and are not permitted in <br />New York City. <br />29 EVER00128 <br />