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Allegany County, MD Business Licensing & Operations: Adult Entertainment (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit type
Board of Appeals special exception
Allowed zone
B-2 Major Commercial District only
Buffer distance
1,000 ft from parks/libraries/residential
Buffer distance
1,500 ft from schools/churches/dwellings
Hours ban
11 p.m. to 8 a.m.
Screening
30-ft evergreen buffer or opaque fence
Definition includes
massage parlors, adult bookstores, theaters

Summary

In the zoned areas of unincorporated Allegany County, an adult use, defined to include adult bookstores, adult theaters, live entertainment and massage parlors, needs a special exception from the Board of Appeals and can locate only in the B-2 Major Commercial District. County Code § 360-114 bars operation within 1,000 feet of parks, libraries or residential districts and 1,500 feet of schools, day cares, churches or dwellings, and bans hours between 11 p.m. and 8 a.m.

These county ordinances apply to unincorporated areas of Allegany County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Adult uses may be permitted as a special exception by the Board of Appeals in the B-2 District, subject to the following conditions: A. No adult use shall be located within any of the following: (1) One thousand lineal feet of the lot line of any library, public park, or other public recreational area, or residential district, regardless of municipal borders; (2) One thousand five hundred lineal feet of the lot line of any primary or secondary school, child day-care center, church or similar place of worship, or existing dwelling unit, regardless of municipal borders; (3) Any district other than the B-2 Major Commercial District. ... ... G. No adult use shall operate between the hours of 11:00 p.m. and 8:00 a.m.

Full Breakdown

Allegany County's zoning code funnels every adult use into a single commercial zone. Under Allegany County Code § 360-114, the Board of Appeals may grant a special exception for an adult use only in the B-2 Major Commercial District; no other district qualifies. The zoning code's ADULT USE definition sweeps in adult bookstores, adult live entertainment, adult theaters and massage parlors, meaning a massage business meeting that definition is treated as an adult use rather than licensed under any separate county ordinance. Before the Board can approve the special exception, the site must clear locational buffers: 1,000 lineal feet from the lot line of any library, public park, other public recreational area or residential district, and 1,500 lineal feet from any primary or secondary school, child day-care center, church or similar place of worship, or existing dwelling unit, both measured regardless of municipal boundaries.

The property also needs a thirty-foot-wide evergreen screening buffer, or a fence or wall tall and solid enough to block the use from neighboring properties, along its side and rear lot lines. Operational conditions follow site approval: no pornographic material, display or word may be visible from outside the establishment, no activity may violate federal, state or county criminal law, and an adult use cannot be combined with the sale or consumption of alcoholic beverages. Private viewing booths are prohibited outright on public-health grounds. Applicants must disclose the full legal name and home address of every owner and name an on-site manager personally responsible for daily compliance, reporting any ownership change to the Zoning Administrator in writing within seven days.

Finally, § 360-114G shuts every adult use down overnight: no operation is permitted between 11:00 p.m. and 8:00 a.m., a stricter curfew than applies to other B-2 commercial uses.

Violations & Fines

The Board of Appeals grants adult uses only as a special exception in the B-2 District, and § 360-114 requires operators to report any ownership change to the Zoning Administrator in writing within seven days. Operating outside approved hours, mixing an adult use with alcohol service, or allowing exterior visibility of pornographic material breaches the special exception's conditions, exposing the permit holder to revocation and the county's standard zoning enforcement remedies, including injunctive action against an unpermitted use.

Frequently Asked Questions

Can an adult business locate anywhere in unincorporated Allegany County?
No. Section 360-114 confines adult uses, including adult bookstores, adult theaters, live entertainment and massage parlors as defined by the zoning code, to the B-2 Major Commercial District, and only after the Board of Appeals grants a special exception. The use must also clear the 1,000- and 1,500-foot buffers from parks, schools, churches, homes and residential districts before a permit can issue.
What hours can an adult use operate?
None between 11:00 p.m. and 8:00 a.m. Section 360-114G bars operation during those hours outright, regardless of the business's other permits or the hours allowed to neighboring B-2 commercial uses.
Are massage parlors regulated separately from other adult uses in Allegany County?
No. The zoning code's definition of massage parlor is folded directly into the ADULT USE definition, so a massage parlor faces the same B-2-only location, buffer, screening and hours conditions under § 360-114 as an adult bookstore or theater; there is no separate county massage license.

Sources & Official References

Other rules in Allegany County

All Allegany County rules

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