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Prior Zoning Proposals in New York City <br />In New York City, a modern-day attempt at regulating adult establishments through zoning was <br />made in 1975, after they proliferated beyond the Times Square area. DCP proposed to restrict <br />the location of "adult physical culture establishments," a zoning term for massage parlors which <br />were then permitted uses in New York City, in the Times Square area. The zoning proposal, <br />which included a provision that non -conforming facilities were to be amortized within one year, <br />was adopted in 1976 by the Board of Estimate. Outside the Times Square area, a one-year <br />moratorium was placed on new massage parlors. <br />In 1976, the United States Supreme Court upheld a Detroit "anti-skid row" zoning ordinance <br />that placed locational restrictions and concentration limits on a variety of uses, including adult <br />entertainment establishment.R Shortly after the court decision in early 177, the Mayor's <br />Midtown Manhattan Action Office and the DCP prepared zoning recommendations modeled <br />after Detroit. <br />The City PIanning Commission proposed establishing five categories of adult uses: adult <br />bookstores, adult motion picture theaters, adult coin-operated entertainment facilities (peep <br />shows), adult "topless" entertainment establishments (topless bars), and adult physical culture <br />establishments (massage parlors).. According to the Commission, "By creating separate <br />definitions for these adult uses it is now possible to distinguish in the Zoning Resolution adult <br />uses and other uses. Without such definitions adult uses were for all purposes treated the <br />same as their non -adult counterparts and were thus allowed to locate in any zoning .district <br />where the general use was permitted. "5z <br />Under the proposal, adult entertainment uses would be allowed only in C4 and C6-4 through <br />C6-9 Districts, which are General Commercial and General Central Commercial Districts, <br />respectively. Existing adult entertainment uses outside of these districts, or within 500 feet <br />of a residence district (RI through R10 Districts), would not be allowed to continue as non- <br />conforming uses. Adult physical culture establishments not subject to the 1976 amortization <br />provisions would not be allowed after one year in any district in New York City, and the <br />moratorium would be lifted. <br />'' Report of the City Planning Commission, N 760137 ZRY, January 26, 1977, Calendar #23. <br />32 E V ER00131 <br />