72-41 - Continuation of Certain Adult Establishments

LAST AMENDED
2/2/2011

Any #commercial# establishment in existence as of August 8, 2001 which: (i) subsequent to September 18, 1995, and prior to
August 8, 2001, made financial expenditures so as to avoid becoming subject to the provisions of Section 32-01 or 42-01 (Special
Provisions for Adult Establishments); and (ii) is defined as an #adult establishment# pursuant to the amendments to the
definition of #adult establishment# in Section 12-10 adopted on October 31, 2001, shall terminate as an #adult establishment#
within one year from October 31, 2001. Notwithstanding the foregoing, the Board of Standards and Appeals may permit such
#adult establishment# to continue for a limited period beyond such one year period, provided that:

(a)    an application is made by the owner of such establishment to the Board of Standards and Appeals at least 120 days prior
        to the date on which such establishment must terminate;

(b)    the Board shall find, in connection with such establishment, that:

        (1)    the applicant had made, subsequent to September 18,1995 and prior to August 8, 2001, substantial financial
                expenditures so as to avoid becoming subject to the provisions of Section 32-01 or 42-01;

        (2)    the applicant has not recovered substantially all such financial expenditures; and

        (3)    the period for which such establishment may be permitted to continue is the minimum period sufficient for the
                applicant to recover substantially all of such financial expenditures.

For purposes of this Section, "financial expenditures" shall mean the following: (i) any capital outlay for improvements made in
connection with the configuration or reconfiguration of the amount of #floor area# and #cellar# space within such
establishment accessible to customers either: (a) containing books, magazines, periodicals or other printed matter or
photographs, films, motion pictures, video cassettes, slides or other visual matter characterized by an emphasis upon the
depiction or description of "specified sexual activities" or "specified anatomical areas"; or (b) allocated to one of the activities
described in paragraphs (1)(b), (1)(c) or (1)(d) of the definition of #adult establishment# in Section 12-10; and (ii) any purchases
of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other
visual matter, which are not characterized by an emphasis upon the depiction or description of "specified sexual activities" or
"specified anatomical areas."

The provisions of Sections 52-77 (Termination of Adult Establishments) and 72-40 (AMORTIZATION OF CERTAIN
ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS) shall not apply to #commercial# establishments
subject to this Section.
                            Zoning Resolution

        THE CITY OF NEW YORK          CITY PLANNING COMMISSION
           Eric Adams, Mayor             Daniel R. Garodnick, Chair


Chapter 3 - Special Permits by the Board of
          Standards and Appeals


          File generated by https://zr.planning.nyc.gov on 1/31/2025
Chapter 3 - Special Permits by the Board of Standards and Appeals