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SUBJECTS › LEGAL › Adult Entertainment Regulation
Updated 4/07

Adult Entertainment Regulation

Adult entertainment ordinances attempt to regulate a variety of adult sexually-oriented businesses and services, including movie theaters, bookstores, video stores, adult-only hotels/motels, massage parlors, peep shows, and erotic dancing establishments. Local regulations imposed on adult entertainment businesses must always be evaluated in light of federal and state constitutional guarantees regarding freedom of expression.

Almost every type of regulation of sexually-oriented businesses has been challenged in the courts over the past twenty years. Based on the holdings in these court cases, it is certain that cities may impose reasonable time, place, and manner regulations on adult businesses as long as a substantial public interest in regulating the use (in a way that does not suppress speech) is demonstrated, and as long as reasonable alternative locations are provided for the use. While it is unlikely that local governments may totally ban sexually-oriented businesses, location and licensing restrictions may be imposed since the courts have recognized that communities are entitled to protect themselves against the "secondary effects" of such businesses.

Washington cities and counties have enacted a variety of regulatory approaches for adult entertainment businesses. Municipal zoning and licensing regulations help facilitate the enforcement of legitimate location and distance requirements and the monitoring of criminal activity. The issuance of an adult business license may be made contingent on compliance with regulations addressing such matters as interior illumination, floor plan, distance between performers and patrons, touching between employees and patrons, stage height, door height, sight lines, and so forth. Licensing requirements must establish clear guidelines and standards which limit the discretion of the licensing official, and must expressly limit the time a locality has to act on a license application.

While adult entertainment regulations may seem complicated to implement, local governments are well-advised to have them in place before adult entertainment uses seek to locate in their communities, rather than scrambling to play catch-up once they are already established.

Documents

Legislative Record and Supporting Studies (Available on loan from MRSC Library)

  • City of Bellevue Study, 1988
  • City of Des Moines Adult Entertainment Material, 1993
  • City of Federal Way Legislative Record, (Adobe Acrobat Document 322 KB) 1995
  • City of Federal Way Regulation of Adult Retail Uses (Adult Bookstores and Video Stores), 1998
  • City of Kelso Final Recommendations, (Adobe Acrobat Document 161 KB)1993
  • City of Olympia Adult Business Regulation Study, 1996
  • City of Seattle Director's Report, 1989

Note: In Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), the Court held that the City of Renton was entitled to rely on the experiences of Seattle and other cities and in particular on the "detailed findings" summarized in Northend Cinema, Inc. v. Seattle, 90 Wn.2d 709 (1978). The court noted that:

"The First Amendment does not require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses."


    Sample Ordinances and Code Provisions

    Regulations imposed on adult entertainment businesses must always be evaluated in light of federal and state constitutional guarantees regarding freedom of expression. Almost every attempt to regulate sexually-oriented businesses has been challenged in the courts over the past twenty years. Based on the holdings in these cases, it is certain that cities may impose reasonable time, place and manner regulations on adult businesses as long as a substantial public interest in regulating the use (in a way which does not suppress speech) is demonstrated, and as long as reasonable alternative locations are provided for the use. Local governments cannot impose regulations which prohibit adult uses outright, prohibit sexually explicit messages, require excessive locational requirements, or allow excessive administrative discretion in the business license or special use permit process.

    Although this list contains samples of zoning and business licensing ordinances which have been adopted in the last few years, the validity of a particular ordinance or specific provision cannot be assured. MRSC recommends close consultation with your city or town attorney, or in the case of a county, the county prosecuting attorney, before incorporating any of these provisions into your own regulations.

    Licensing Provisions

    Zoning Provisions

    Sample Interlocal Agreement

  • Sample Article

    Reference Sources