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Adult Entertainment — New York City’s Zoning Scheme Meets Well-Defined Standards
New York City’s Adult Use Zoning Rules Upheld - CityLand CityLand
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The study led to the passage in of a zoning amendment barring adult establishments from residential and most commercial and manufacturing zones, and mandating that, where permitted, adult businesses had to be located at least feet from houses of worship, schools, day care centers, and other adult businesses. The City defined an adult establishment as one in which a substantial portion of the business was devoted to adult uses. For the People Theatres of N. There followed multiple decisions by the Supreme Court, appeals to the Appellate Division, a trip to the Court of Appeals, and a remand in to the Supreme Court for further proceedings.
Supreme Court. It should be no surprise, therefore, that, as this ruling again makes clear, municipalities may constitutionally bar adult establishments from, or within, a specified distance of residentially-zoned areas and facilities in which families and children congregate. Moreover, zoning ordinances may be used to prohibit an adult business from operating within a specified distance of another to avoid the undesirable impacts associated with clustering. The number of adult entertainment businesses operating in New York City has skyrocketed over the past few decades.