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The Village of New Hyde Park held an open hearing last week at village hall to discuss the zoning proposed regarding Adult Establishments.

The village board has imposed a one-year moratorium upon such establishments until a law could be drafted and filed with the state that would clearly define the law in the village. That moratorium is still in effect, however, Mayor Warren Tackenberg wanted to move the hearing along and receive input from the community so that a firm law could be drafted and filed in New York State at least by August.

Members of the New Hyde Park/Garden City Park PTA, Pastor Gary Scott of the New Hyde Park Baptist Church, James McHugh, President of the Parks Civic Association and a representative from Notre Dame Church all were present to voice their support of the law and to laud the village for taking positive action to prevent an adult establishment from invading the Village of New Hyde Park and to the general New Hyde Park area.

Mayor Tackenberg mentioned that before he moved on the bill he contacted the offices of New York City Mayor Rudolph Giuliani and received an outline of the law they used that enabled them to close such establishments on 42nd Street.

Adult establishments are simply any establishment that includes an adult book or video store, adult eating or drinking establishment, adult theater or any adult commercial establishment to consist of:

(a) An adult video or book store is a video or book store which has as a substantial portion of its stock-in-trade any one or more of the following:

(1) photos, films, motion pictures, video tapes, cassettes or disks, slides or other materials containing visual representations which are characterized by an emphasis upon the depiction or description of specified sex acts.

(2) books, magazines, periodicals or other printed matter which are characterized by an emphasis on the depiction or description of specified sex acts or anatomical areas.

(3) an adult eating or drinking establishment is any establishment in or upon the premises of which any food or beverages are served to customers or patrons for consumption on the premises and which establishment regularly features any one or more of the following: live performances which are characterized by and emphasis on sexual activities.

(4) an adult theater is a theater which regularly features one or more films, motion pictures, video tapes, cassettes or disks slides or other similar photographic reproductions characterized by an emphasis on the depiction of specified sexual activities.

After further details, similar to those above, the law ends with the following statement: "Notwithstanding any other provisions of this chapter, including the provisions of subdivision B of S195-3 of this chapter, to the contrary, in all zoning districts of the Village of New Hyde Park, no new adult establishments, as defined, shall be created or allowed nor shall any existing adult establishments be enlarged, relocated, extended or expanded, nor shall any non-confirming use not meeting the definition of an adult establishment be changed or converted to an adult establishment."

This local law shall take effect immediately after its filing in the office of the Secretary of State and the publication of an abstract hereof as provided for by statute and/or local law.

Residents still have time to add their opinions for the documentation of the law by writing their comments to Deputy Mayor Florence Lisanti, New Hyde Park Village Hall, 1420 Jericho Turnpike, New Hyde Park, 11040.




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