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Amherst, NY Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Governing section
Zoning Ordinance § 6-6-2
Residential buffer
500 feet from listed districts
School/park/library buffer
1,000 feet
Buffer from another such business
1,000 feet
Uses per lot
one maximum
Registration expires
September 30 annually

Summary

Amherst permits sexually oriented businesses only where they meet locational standards in Zoning Ordinance § 6-6-2: none within 500 feet of most residential zoning districts, 1,000 feet of a school, church, day care, park or library, or 1,000 feet of another such business, and only one per lot. Operators must also register with the Town Clerk.

Sexually oriented media stores, sex shops, and other sexually oriented businesses to which this section may be applicable by cross-reference, shall be permitted uses in the zoning districts in which they are listed as such only if they also comply with the following locational standards: (1) No more than one of the uses governed by these provisions shall be permitted on any single lot in the Town of Amherst. (2) None of the uses regulated under this Section shall be allowed within 500 feet of any lot or parcel in the Town and located within any of the following zoning districts: R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, or MHR-8; (3) Within 1,000 feet of the property line of a public or private school, religious institution, day-care center, public park or playground, or public library; (4) Within 1,000 feet of another sexually oriented business.

Full Breakdown

L. No. 9-2008 after a 2005 secondary-effects study by planning consultants Kelly and Cooper, and amended the spacing standards again in 2019. Under § 6-6-2A, sexually oriented media stores, sex shops, and other covered businesses are permitted uses only in the districts where they are listed and only if they satisfy the locational standards: no more than one covered use per lot; none within 500 feet of a lot zoned R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7 or MHR-8; none within 1,000 feet of a public or private school, religious institution, day-care center, public park or playground, or public library; and none within 1,000 feet of another sexually oriented business.

Aside from permitted signs, landscaping and parking, the use must be conducted entirely inside an enclosed building. Beyond zoning location, § 6-6-3 requires a certificate of registration filed with the Town Clerk before the business may open, listing the owners, the nature of the use, a floor plan, and any criminal convictions; the Town Clerk, Chief of Police and Commissioner of Building review the application against § 6-6-5 within a set 21-business-day timeline, and registrations run annually, expiring September 30. A registration can be revoked under § 6-6-7 if a principal is later convicted of a disqualifying offense, with the operator entitled to appeal to the Zoning Board of Appeals under § 8-13.

Violations & Fines

Operating a sexually oriented business without a filed certificate of registration, or inside the 500-foot residential or 1,000-foot school/park/library/another-business buffers set by § 6-6-2, makes the property an unlawful use once revocation or denial becomes final; the Town Clerk sends notice of proposed revocation, and a registrant who does not appeal to the Zoning Board of Appeals within the notice period loses the registration automatically.

Frequently Asked Questions

How far must a sexually oriented business be from a school in Amherst?
Section 6-6-2A(3) bars these uses within 1,000 feet of the property line of a public or private school, religious institution, day-care center, public park or playground, or public library, in addition to the separate 1,000-foot buffer from another sexually oriented business.
Can a sexually oriented business open without any Town approval?
No. Section 6-6-3B requires a certificate of registration filed with the Town Clerk before the business may operate, on top of any other required licenses and permits, and the Clerk reviews the application against § 6-6-5 with input from the Police Chief and Building Commissioner.
What happens if a registration is revoked?
Under § 6-6-7, the Town Clerk sends the registrant a notice of proposed revocation; if no timely appeal is filed with the Zoning Board of Appeals under § 8-13, the registration is automatically revoked and the establishment becomes an unlawful use subject to enforcement.

Sources & Official References

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