Atlanta, Georgia Ordinance – Section 16-29.001 of the Atlanta city code declares that any business that has 25% or more of its merchandise, inventory, stock-in-trade, or floor space devoted to adult product, or that derives 25% or more of its gross sales from adult product, or that has 25% of the dollar value of its merchandise in adult product, is an "adult bookstore." (Text available at http://www.ci.atlanta.ga.us/)

 

Baltimore County Ordinance – Baltimore County, Maryland has an "adult business" law that was enacted in 1998. It is apparently code section 29-98. I am told it says that if 20% or more of your business is adult, than you can only be located in designated areas of the county (i.e., an industrial area).

 

Edina, Minnesota Ordinance – Section 850.3 of the city code of Edina, Minnesota defines an "adult bookstore" as any establishment that has 10% or more of its inventory in adult product or devotes 10% or more of its floor space to adult product, or derives 10% or more of its gross revenue from adult product. (Text available at http://www.ci.edina.mn.us)

 

Fitchburg, Massachusetts Ordinance – The city of Fitchburg, Massachusetts declares that any business that devotes 15% or more of its shelf or floor space to adult product is a "sexually oriented business." (Text available at http://www.ci.fitchburg.ma.us/dstreb/adultord.pdf)

 

Forth Worth, Texas Ordinance – The City of Forth Worth, Texas defines a "sexually oriented business" as one that has 35% or more of "the total business operation at a particular location" devoted to adult product or activities. To determine whether the threshold is met, one can look to the amount of floor space, the inventory, and gross revenue over 90 days. In addition, "adult bookstores" and "adult video stores" are explicitly included in the definition of "sexually oriented businesses," and it appears that the presence of even a single adult magazine or video would cause the business to be characterized as a "sexually oriented business." (Text available at http://zonedata.com/fwtx/18a.htm)

 

Fort Myers Beach, Florida Ordinance – Fort Myers Beach, Florida defines a"sexually oriented bookstore" or "sexually oriented video store" as any establishment that has 25% or more of its inventory in adult product, devotes 25% or more of its interior business space to adult product, derives 25% or more of its monthly gross revenue from adult product, or devotes 25% or more of its advertising to adult product. (Text available at http://www.ci.fort-myers-beach.fl.us/ordinances/96-04.htm)

 

Las Cruces, New Mexico Ordinance – The threshold for an "adult bookstore" in Las Cruces, New Mexico is 20% of floor space. (Text available at http://www.las-cruces.org/city-clerk/muni-code/Chapter_38_ZONING/chapter_38_zoning.htm)

 

Lewisville, Texas Ordinance – The City of Lewisville, Texas states that any business that has 20% or more of its stock in trade in adult books or magazines is a sexually oriented business. (Text available at http://www.cityoflewisville.com/comdev/sexbusiness.pdf)

 

Mesa, Arizona Adult Ordinance – The City of Mesa, Arizona enacted a "secondary effects" ordinance (Mesa City Code 6-16-1) in February 2000 that could categorize mainstream video stores as "sexually oriented businesses." For instance, any video store that has more than 30% of its stock in adult product or derives 30% of its revenue in any month from adult product has to obtain a license and would be subject to special regulations and restrictions applicable to sexually oriented businesses. (Text at http://www.ci.mesa.az.us/clerk/codebook/00_pdf/t6all.127.pdf)

 

Minneapolis Ordinance – Minneapolis City Code section 549.340 defines an "adults-only bookstore or video store" as an establishment that has a section devoted to the sale, rental or display of adult material, which section comprises 15% percent or more of the total display area of the establishment, or five hundred (500) square feet, whichever is less. (Text available at http://www.ci.minneapolis.mn.us/citywork/clerk/laws/mcchelp/mcchelp.html)

 

Park City, Utah Ordinance – The city code of Park City, Utah, defines an "adult bookstore" or "adult video store" as a business that devotes more than 30% of its shelf or floor space to adult product. (Text available at http://www.parkcity2002.org/cityatt/)

 

Rockwall, Texas Ordinance – Section 27-1 of the municipal code of the City of Rockwall, Texas defines an “adult bookstore” or "adult video store" as any establishment that has 15% or more of its inventory in adult product, devotes 15% or more of its floor space to adult product, or derives 15% or more of its gross revenue from adult product.

 

Sacramento County Ordinance – Section 130.03.9 of the Sacramento County, California Code defines an adult video tape store as a business that offers motion picture video tapes and that has 25% or more of its floor space or inventory devoted to adult product. (Text available at http://www.co.sacramento.ca.us/planning/zc/index2.html)

 

San Antonio Ordinance – Section 35-1041 of the San Antonio, Texas municipal code states that an "adult bookstore" or "adult video store" is an establishment that has 20% or more of its inventory or floor space devoted to adult product. (Text available at http://www.ci.sat.tx.us/services/codesrch.htm)

 

San Diego Ordinance (San Diego municipal code section 141.0601) – In early 2000, the City of San Diego approved an amendment to its "secondary effects" ordinance that explicitly brings video stores within its provisions. The prior San Diego ordinance, which restricted the location of "adult entertainment establishments," referred to "adult bookstores" and the "display of books and periodicals" (although it subsequently mentioned "videocassettes"). It stated that an establishment with more than 15% of its stock in adult products is an "adult entertainment establishment" and thus subject to its zoning restrictions. Because of the confusing language regarding "books and periodicals," the ordinance apparently was not enforced against video stores. The 2000 amendment clearly brings video stores under the 15% limitation.

 

St. Paul, Minnesota Ordinance – The St. Paul zoning code declares an "adult bookstore" to be an establishment that has 15% of its "usable floor area"{ or more than one hundred 150 square feet of floor area devoted to adult product. (Text available at http://www.ci.stpaul.mn.us/code/lc060.html)

 

Traverse City, Michigan Ordinance – Section 1360.02 of the Traverse City, Michigan code declares an "adult book or video store" to be an establishment that has 35% or more of its floor space or inventory devoted to adult product. (Text available at http://www.traverse.com/traversecity/zoningord/1360.pdf)

 

Michigan Adult Business Bill -- 1999 (HB 5124; text at http://198.109.122.10/pdf/house.bills.intro/1999-2000/5124HHHH.PDF) – As drafted, the Michigan HB 5124 would have classified any video store that devotes more than 10% of its total floor space to adult product as an "adult entertainment establishment." Such establishments would have had restrictions placed on their location and hours of operation and would be required to be licensed. HB 5124 was not enacted.

 

Florida Secondary Effects Bills -- 2001 (HB 1777/SB 2118; text at http://www.leg.state.fl.us/data/session/2001/Senate/bills/billtext/pdf/s2118.pdf) – As introduced, HB 1777 and SB 2118 would have prohibited any business that carries any sexually oriented material from being located within 2,500 feet of the property line of a school unless the county or municipality in which such an establishment is proposed to be situated approves the location. The bill was subsequently amended to narrow its coverage. As enacted, SB 2118 prohibits certain sexually oriented businesses that limit admittance to adults and that carry material that is obscene for minors from being located within 2,500 feet of the property line of a school unless the county or municipality in which such an establishment is proposed to be situated approves the location.

 

Illinois Secondary Effects Bill -- 2001 (SB 609; text at http://www.legis.state.il.us/legisnet/legisnet92/sbgroups/sb/920SB0609LV.html) – SB 609 would prohibit any adult business within 1000 feet of a school, place of worship, public park, day care facility, mobile home park, area that is zoned residential, or another adult business. Adult businesses would be broadly defined to include any video store that has a section devoted to adult product or that holds itself out to the public, through advertising, signage, displays, or other activities, as purveyor of adult product.

 

Montana Secondary Effects Bill -- 2001 (SB 399; text at http://data.opi.state.mt.us/bills/2001/billhtml/SB0399.htm) – SB 399 would have labeled as a "sexually oriented business" any video store that has 10 percent of its stock, or devotes 10 percent of its total floor space, or derives 10 percent of its income from videos that depict "specified anatomical areas" or "specified sexual activities." As a "sexually oriented business," establishments that met the 10 percent threshold would have been subject to restrictions on where they could be located, their hours of operation, and their signs. No-one under the age of 18 would be permitted in the stores, and no store merchandise would be permitted to be visible from outside the store. The stores would be subject to a $1,000 annual license, and the owner and employees would have to be licensed as engaged in a sexually oriented business. The measure was not enacted.

 

New York Secondary Effects Bills -- 2001 (AB 652/SB 334/SB 1172; text at http://assembly.state.ny.us/leg/?bn=A00652&sh=t) – AB 652 and SB 1172 would prohibit, in cities with a population of 1 million or more, the sale or rental of any adult video or magazine within 500 feet of a church, school, or residential area. SB 334 would prohibit the sale or rental of any material that is harmful to minors within 200 feet of a primary or secondary school or a place of worship.