1 No. 45
   DJL Restaurant Corp., &c., et al.,
   Appellants,
   v.
   The City of New York, et al.,
   Respondents.
     _________________________________________________________________

   2001 NY Int. 63

   March 29, 2001

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   Edward S. Rudofsky, for appellants.
   Julian L. Kalkstein, for respondents.
     _________________________________________________________________

   ROSENBLATT, J.:

   In 1995, the New York City Council approved an amendment to the City's
   Zoning Resolution to regulate the location of "adult establishments."
   Plaintiffs are adult establishments licensed to dispense alcoholic
   beverages.(1) They contend that the Amended Zoning Resolution
   conflicts with and is therefore preempted by the Alcoholic Beverage
   Control Law. We disagree.

I.

   In the mid-1960s, the adult entertainment industry in New York City
   began experiencing significant growth. This trend continued and by the
   early 1990s there were hundreds of such establishments located
   throughout the City. In 1993, the New York City Department of City
   Planning commissioned its study on the impact of this industry on the
   quality of urban life (see generally, Stringfellow's of New York v
   City of New York, , 91 NY2d 382, 392-394). The City concluded that
   adult establishments produced adverse secondary effects such as
   increased crime rates, reduced property values, neighborhood
   deterioration and inappropriate exposure of children to sexually
   oriented environments (see, 1994 City Planning Commn Report on Adult
   Entertainment Study; see also, City of New York v Stringfellow's of
   New York, __ NY2d __ (decided today)).

   After conducting public hearings and amassing an extensive legislative
   record, in 1995 the City amended its Zoning Resolution to combat the