Release #159-98

Contact: Colleen Roche/Jennifer Chait (212) 788-2958

CITY CLOSES ILLEGAL ADULT VIDEO STORE IN ELMHURST QUEENS

--THIRD ADULT VIDEO STORE ORDERED TO CLOSE UNDER MAYOR GIULIANI'S ADULT-USE ZONING REGULATIONS--

Mayor Rudolph W. Giuliani announced today that the New York Police Department, Department of Buildings and the Corporation Counsel, last night acted on a Court order and padlocked the XXX Tristar Video Inc., an adult video store on Queens Boulevard in Elmhurst. The store, which violated the City's zoning requirement that adult-use establishments shall not operate within 500 feet of a residential district, was the third new adult-use business to be closed by the City since the new regulations went into effect.

"As I have said many times, sex shops destroy neighborhoods," the Mayor said. "With the closure of the XXX Tristar Video Inc. families in Elmhurst will now enjoy a more family-oriented and livable neighborhood. Our adult-use zoning regulations not only mean that valuable commercial areas like Times Square will be cleaned up but that sex shops will no longer be allowed to destroy the quality of life in residential neighborhoods."

Buildings Department officials began investigating this site in early February 1998, when State Assemblyman Joseph Crowley informed the agency of constituent concerns that a new adult-use establishment had opened. Although the store, which opened in December, 1997 sold a variety of videos, its merchandise consisted of more than 40 percent adult material. It was therefore subject to the adult-use restrictions enacted in October, 1995.

Formal enforcement action was commenced by the Department of Buildings on March 3 and culminated in the padlock order issued yesterday by Judge Frederick Schmidt of Queens Supreme Court. XXX Tristar Video Inc. will have to reduce its stock of adult materials or permanently close its doors. A return court date is set for April 13, 1998.

In 1995, the City Planning Commission approved amendments to the Zoning Resolution governing adult entertainment establishments. The resolution took effect on October 25, 1995. The amendments are applicable to adult book and video stores, which often provide booths for on-premises viewing of videos ("peep shows"); adult eating and drinking establishments, such as topless or nude clubs; and adult theaters, which may offer movies or live entertainment.

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