Compliance Guidelines For Adult-Oriented Businesses

Adult-oriented businesses are often subject to additional requirements, regulations and scrutiny because of the taboo nature of their work. If you work in this sector, you know that the additional regulations can be exhausting, but you can usually avoid issues by maintaining compliance with all laws. Adult businesses must typically adhere to targeted regulations, zoning requirements and license standards in order to maintain operations. Familiarizing yourself with these facets of the business will prepare you to protect your operation.

Types of Adult Businesses

Determining whether you qualify as an adult business is the first step to understanding the regulations you are subject to. This depends on what products and services you are selling and whether or not they account for the majority of your revenue. If your business primarily relies on the sale of products, media or entertainment of a sexual nature, you are likely considered an adult business in the eyes of the law. What exactly constitutes each of these categories, though? Adult products may include any of the following:

•Adult toys

•Smoking paraphernalia

Adult media include:

•Pornographic photos

•Pornographic videos

•Adult games

The following entails adult entertainment:

•Stripping

•Tease performances

•Lap dances

•Nudity

If a combination of any of these commodities make up the majority of your business’ sales, you are subject to regulations targeted toward adult businesses.

Adult Business Laws

Laws are typically imposed at the state and local level rather than the federal level. Federal laws protecting freedom of expression, in fact, are more commonly used as defense against constrictive regulations. The regulations your business may face depend on the nature of your offerings. If you sell live entertainment, for example, there are typically stricter laws than if you simply sell adult products. Though legislation varies from location to location, venues that host live adult entertainment are typically subject to measures controlling the following aspects of their business:

•Nudity: Most live adult entertainment is performed by dancers who are at least partially nude, but the extent of the nudity permitted is typically controlled by local regulations. In some areas, dancers may be completely nude, and in others, they cannot be topless.

•Distance between performer and customer: In addition to the attire of performers, many jurisdictions regulate the distance performers must keep between themselves and customers.

•Acts allowed: Some jurisdictions allow adult entertainment to entail explicitly sexual acts, but often venues are prohibited from putting on any performance which involves more than dancing.

Zoning Requirements for Adult Businesses

Adult businesses of any kind will typically be subject to restrictions regarding where they operate. These regulations constitute zoning, and they may specify requirements for location related to any of the following areas:

•Schools: Zoning may require that adult businesses maintain a certain distance from schools. This term could refer to public schools, private school, universities and other educational institutes, so if the regulation does not specify its parameters, it is best to seek clarification.

•Churches: You may also be prohibited from operating within a certain proximity to a church. This typically refers to religious establishments of any creed or denomination.

•Residential neighborhoods: Areas with housing may prohibit you from establishing a business within a certain area.

•Parks: Because parks attract children and families, many zoning requirements prohibit adult businesses within the proximity.Every area has different zoning standards, so it is best to research those in your jurisdiction. There are also some circumstances which offer exemptions, so researching these is beneficial, too.

Licenses Required to Operate an Adult Business

In addition to a typical business license, adult-oriented establishments are often required to complete additional registration or acquire a special permit to conduct business. Doing so implies your agreement to comply with all applicable regulations, and even though there may be many, compliance can provide valuable protections.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.