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Baytown, TX Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Permit type
Class I (location) or Class II (individual) SOBP
School/church/park distance
1,000 feet minimum
Distance from penal institution
1 mile minimum
Distance between Class I enterprises
More than 2,000 feet
Original/renewal fee
$300 Class I, $200 Class II
Enforcing office
Chief of police / SOBP director

Summary

Baytown requires a Sexually Oriented Business Permit (SOBP) for every adult arcade, bookstore, cabaret, or similar enterprise, and the chief of police won't approve one unless it sits at least 1,000 feet from schools, churches, day cares, hospitals, parks, or homes, a mile from any penal institution, and 2,000 feet from another Class I enterprise, per Sec. 4-58(f)(4) of the city code.

(4) A certification that the proposed enterprise will be located: a. A minimum of 1,000 feet from an existing or planned child care facility, school, hospital, public building, a public park, or church or place of religious worship, or residential property. "Planned" means that steps have been taken toward the facility's or structure's development, including, but not limited to, permit received, a plat approved, design work started, a bond received, or an order approved by a government entity's governing body; b. A minimum of one mile from a penal institution as defined by the penal code, including, but not limited to, halfway houses; c. In compliance with the city's zoning ordinance; and d. More than 2,000 feet from another class I enterprise. This restriction shall not apply to enterprises in existence on the effective date of the ordinance from which this article derives.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 83 Update 2).

Full Breakdown

Chapter 4, Article II of the Baytown Code of Ordinances requires a separate SOBP for each Class I enterprise (a fixed adult business location) and a single SOBP for each Class II operator (an individual performer or employee), under Sec. 4-56. Applications go to the office of the chief of police, must be verified under oath, and carry a non-refundable fee of $300 for an original or renewal Class I permit and $200 for a Class II permit, payable by money order or cashier's check under Sec.

4-58(c)(5). The applicant must certify under Sec. 4-58(f)(4) that the enterprise will sit at least 1,000 feet from any existing or planned child care facility, school, hospital, public building, park, church, or residential property; at least one mile from a penal institution, including halfway houses; and more than 2,000 feet from another Class I enterprise (grandfathered locations are exempt). Distances are measured in a straight line, property line to property line, ignoring intervening structures, per Sec. 4-58(g). Before approval, Sec. 4-59 requires the applicant to post a 24-by-36-inch notice sign on the property within seven days of filing and to publish notice in two consecutive newspaper issues. Prohibited outright under Sec. 4-29 are adult modeling studios, escort agencies, adult encounter parlors, and enterprises where employees appear in total nudity.

Violations & Fines

Operating without a posted, valid SOBP is a public nuisance the city can enjoin under Sec. 4-56(f), and violating any part of Chapter 4 is punishable under Tex. Local Gov't Code Sec. 243.010(b), with each day of continued violation a separate offense under Sec. 4-28. Permit denial, suspension, or revocation can be appealed to district court by writ of mandamus under Sec. 4-32, and revocation doesn't bar criminal prosecution for the same conduct.

Frequently Asked Questions

How far must an adult business be from a school or church in Baytown?
At least 1,000 feet from schools, churches, day cares, hospitals, parks, and residential property under Sec. 4-58(f)(4)a, measured in a straight line from property line to property line, ignoring any buildings in between.
What does a Baytown SOBP application cost?
$300.00 covers an original or renewal Class I permit and $200.00 covers a Class II permit, per Sec. 4-58(c)(5); fees must be paid by money order, cashier's check, or bank check, not personal check, and are non-refundable even if denied.
Can two adult businesses locate next to each other in Baytown?
No. Sec. 4-58(f)(4)d requires more than 2,000 feet between any two Class I enterprises, though the rule doesn't apply retroactively to a business already operating before the ordinance's effective date.
What happens if someone runs an adult business without a permit?
It's treated as a public nuisance the city attorney can sue to enjoin under Sec. 4-56(f), and it's separately punishable under Sec. 4-28, with each day of operation counted as its own offense under state law.

Sources & Official References

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