Indoor Interactive Entertainment Facilities

In C4, C6, C7, C8 Districts and M1 Districts, except in M1-1, M1-5A, M1-5B Districts and M1 Districts with a suffix "D," the City Planning Commission may permit, for a term not to exceed five years, indoor interactive entertainment facilities with eating and drinking, consisting of mechanical, electronic or computer-supported games subject to the following conditions:

(a)        there shall be a minimum of 1,000 square feet of floor area per game. This requirement shall not apply within the Theater Subdistrict of the Special Midtown District;

(b)        the entrance to such use shall be a minimum of 200 feet from the nearest Residence District boundary;

(c)        in C4 and C6 Districts, a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms;

(d)        parking shall be provided in accordance with the parking regulations for Use Group 12A (Parking Category D); and

(e)        the application is made jointly by the owner of the building and the operators of such indoor interactive entertainment facility.

In addition to the above conditions, the Commission shall find that:

(1)        such use will not impair the character or the future use or development of the surrounding area;

(2)        there is a reasonable plan to prevent the gathering of crowds and the formation of lines on the street;

(3)        such use will not cause undue vehicular or pedestrian congestion in local streets; and

(4)        such use will not cause the sound level in any affected conforming residential use or joint living-work quarters for artists to exceed the limits set forth in any applicable provision of the New York City Noise Control Code.

The Commission shall prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including, but not limited to: location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of mechanical amplification, shielding of flood lights, adequate screening, curb cuts or parking.