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Assembly Bill A6269

2013-2014 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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2013-A6269 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add ยง399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7772
2011-2012: A4354

2013-A6269 (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.

2013-A6269 (ACTIVE) - Bill Text download pdf 

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

                                  6269

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  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:
  (I)  THE  AMOUNT  OF SUCH STOCK ACCESSIBLE TO CUSTOMERS AS COMPARED TO
THE TOTAL STOCK ACCESSIBLE TO CUSTOMERS IN THE BOOK STORE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09864-01-3

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