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2005/06/15 Council Agenda Packet
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2005/06/15 Council Agenda Packet
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Council Agenda Packet
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6/15/2005
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Subsequent to the Commission public hearing, several modifications were made to the <br />proposal. For example, C4-1 Districts, characterized by large suburban -style shopping centers, <br />were eliminated from the proposal as districts where adult entertainment establishments would <br />be permitted. Also, adult entertainment establishments would not be permitted within 200 feet <br />of a school or- church. <br />The modified proposal was then reconsidered. According to Marcus: <br />By virtue of the recent Commission amendments, the heretofore dispersed and <br />scattered eligible adult use regional commercial zones had been reduced to a <br />handful of readily identifiable concentration targets in these boroughs — and as <br />such, drew sharp denunciations. The Commission was accused [by citizens of the <br />four boroughs other than Manhattan] of fostering "red light districts" in the outer <br />boroughs and the cry was raised ever more loudly to restrict adult uses to <br />Manhattan. The legislation foundered.' <br />Marcus observed that the public's failure to understand the crucial distinction between <br />pornography and obscenity, i.e., what is and what is not legally protected speech, resulted in <br />a lack of sufficient political support needed to adopt a regulatory plan to limit the location <br />and concentration of adult establishments. <br />In continuing to wrestle with the issue of adult establishments, the City Planning Commission <br />in 1978 proposed, and the Board of Estimate adopted, new zoning text that distinguished <br />adult physical culture establishments from physical culture establishments." Adult physical <br />culture establishments were eliminated as a permitted use in all districts in the city. They <br />were to be amortized within one year. All other physical culture or health establishments <br />would be permitted only by special permit of the Board of Standards and Appeals. The <br />citywide moratorium on physical culture or health establishments that became effective in <br />1976 was deleted. Thus, only part of the effort to control the location of adult uses was <br />adopted legislatively. <br />S' Ibid. <br />I <br />55 Resolution of the Board of Estimate, November 16, 1978, Cal. No. 145, approving a report (N 780387 <br />ZRY) of the City Planning Commission, November 8, 1978, Cal. No. 16. <br />34 E VEROo 133 <br />
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