Assembly Bill A4354

2011-2012 Legislative Session

Prohibits the opening of an adult book store within a one thousand foot radius of a primary or secondary school

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4354 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7772
2013-2014: A6269

2011-A4354 (ACTIVE) - Summary

Prohibits the opening of an adult book store within a one thousand foot radius of a primary or secondary school; defines adult book store; exempts existing establishments.

2011-A4354 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4354

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M. of A. GABRYSZAK, SPANO, MOLINARO, CALHOUN, MONTESANO,
  WEISENBERG, RAIA, McDONOUGH, FINCH, KATZ -- Multi-Sponsored by  --  M.
  of  A. BARCLAY, BURLING, CONTE, DUPREY, GIGLIO, HAWLEY, KOLB, REILICH,
  SCHIMMINGER -- read once and referred to  the  Committee  on  Economic
  Development

AN  ACT  to  amend  the general business law, in relation to prohibiting
  adult book stores within a one thousand foot radius of schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ccc to read as follows:
  S  399-CCC.  ADULT BOOK STORES PROHIBITED WITHIN CERTAIN ZONES.  1. IT
SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO ENGAGE  IN  THE
BUSINESS  OF  OPERATING  OR MAINTAINING AN ADULT BOOK STORE WITHIN A ONE
THOUSAND FOOT RADIUS OF AN ELEMENTARY OR SECONDARY SCHOOL. THIS  SECTION
SHALL  NOT  APPLY  TO  ANY PREMISES UPON WHICH A PERSON, FIRM, OR CORPO-
RATION HAS BEEN CONTINUOUSLY CONDUCTING BUSINESS AS  DESCRIBED  IN  THIS
SECTION FROM A DATE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  2.  A.  FOR  PURPOSES OF THIS SECTION, "ADULT BOOK STORE" SHALL MEAN A
BOOK STORE WHICH HAS A SUBSTANTIAL PORTION OF ITS STOCK IN-TRADE IN  ANY
ONE OR MORE OF THE FOLLOWING:
  (I)  BOOKS,  MAGAZINES,  PERIODICALS OR OTHER PRINTED MATTER WHICH ARE
CHARACTERIZED BY AN EMPHASIS UPON THE DEPICTION OR DESCRIPTION OF "SPEC-
IFIED SEXUAL ACTIVITIES" OR "SPECIFIED ANATOMICAL AREAS"; OR
  (II) PHOTOGRAPHS, FILMS, MOTION PICTURES, VIDEO CASSETTES,  SLIDES  OR
OTHER VISUAL REPRESENTATIONS WHICH ARE CHARACTERIZED BY AN EMPHASIS UPON
THE DEPICTION OR DESCRIPTION OF "SPECIFIED SEXUAL ACTIVITIES" OR "SPECI-
FIED ANATOMICAL AREAS".
  B. FOR THE PURPOSE OF DETERMINING WHETHER A BOOK STORE HAS A "SUBSTAN-
TIAL  PORTION"  OF ITS STOCK IN MATERIALS DEFINED IN PARAGRAPH A OF THIS
SUBDIVISION, THE FOLLOWING FACTORS SHALL BE CONSIDERED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08630-01-1

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