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Brookhaven, GA Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Distance from another such business
100 feet, property line to property line
Distance from residential district, worship, park, library
300 feet, structure to boundary or property line
Closed hours
12:00 midnight to 6:00 a.m. on any day
License term
One calendar year
Decision deadline
30 days from a completed application
Suspension length
Not to exceed 30 days
Governing section
Brookhaven Code § 15-513

Summary

Sexually oriented businesses in the City of Brookhaven, Georgia cannot locate within 100 feet of each other or within 300 feet of a residential district, place of worship, park, or public library. They also need a city license, and they cannot be open between 12:00 midnight and 6:00 a.m. on any day.

(a)It is unlawful to establish, operate, or cause to be operated a sexually oriented business in the city within 100 feet of another sexually oriented business. Measurements for this subsection shall be made in a straight line without regard to intervening structures or objects, between the closest points on the property lines of the two sexually oriented businesses.(b)It is unlawful to establish, operate, or cause to be operated a sexually oriented business in the city within 300 feet of a residential district, place of worship, park, or public library. Measurements for this subsection shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the sexually oriented business to the closest point on the boundary line of the residential district or the closest point on the property line of the place of worship, park, or public library.

Full Breakdown

Section 15-513 sets two measured distances. Part (a) bars locating a sexually oriented business within 100 feet of another one, measured in a straight line between the closest points on the two property lines. Part (b) bars a location within 300 feet of a residential district, place of worship, park, or public library, measured from the closest part of the structure containing the business to the closest point on the district boundary or on the property line of the place of worship, park, or library. Both measurements run straight and ignore intervening structures or objects.

Section 15-497 defines the category as an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual device shop. A bookstore has the principal business activity of adult items when they reach 35 percent of displayed merchandise, retail value, revenues, or floor space, or when it keeps at least 500 square feet for them or regularly offers at least 2,000 of the items. Showing, selling, or renting material rated NC-17 or R does not by itself make a business sexually oriented.

Spacing is one layer of the article. Section 15-498 requires a sexually oriented business license and, for workers, an employee license, filed in person at the office of the city manager or designee on a notarized application. Within 30 days of a completed application the city manager issues the license or a written notice of intent to deny (section 15-499). A license does not excuse the location rules, but a business in a formerly lawful location can still be licensed and renewed if it has not been discontinued for a continuous period of six months, enlarged, moved, or altered to increase nonconformity, and has not had its structure destroyed beyond 60 percent of fair market value. Licenses last one calendar year (section 15-502). Inside, section 15-511 requires semi-nude performers to stay at least six feet from patrons on a stage at least 18 inches from the floor in a room of at least 600 square feet, and bars anyone under 18 from the premises.

Violations & Fines

Under section 15-510 a violation is punished under section 1-11, and each day a violation is committed or permitted to continue is a separate offense. Premises where a sexually oriented business is repeatedly operated in violation are a nuisance subject to civil abatement, and the city's legal counsel can sue to enjoin violations. On the license side, the city manager issues notice of intent to suspend for a period not to exceed 30 days, and to revoke where a violation follows a suspension that took effect within the previous 12-month period. A revocation bars a new license for one year (sections 15-503 and 15-504).

Frequently Asked Questions

How is the 300-foot distance measured in Brookhaven?
Under section 15-513(b) the measurement is a straight line without regard to intervening structures or objects. It starts at the closest part of the structure containing the sexually oriented business and ends at the closest point on the boundary line of the residential district, or the closest point on the property line of the place of worship, park, or public library.
What licenses does a sexually oriented business need?
Section 15-498 requires a business license to operate and an employee license for anyone who is an employee, except that a business licensee does not need a separate employee license. Applications are filed in person at the office of the city manager or designee, are notarized, and carry the fee set in the city's fee schedule under section 15-500.
What hours can a sexually oriented business be open in Brookhaven?
Section 15-507 says no sexually oriented business can be or remain open for business between 12:00 midnight and 6:00 a.m. on any day. Section 15-511(d) separately bars anyone from possessing, using, or consuming alcoholic beverages on the premises after January 2, 2014, and section 15-511(e) bars allowing a person under 18 to be or remain there.
Does an R-rated video store count as an adult business?
No, not by that fact alone. Section 15-497 says that as applied in the article, no business is classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America. Classification turns on the listed criteria, such as 35 percent of merchandise, revenue, or floor space in adult items.
How does a license denial or revocation get challenged?
Section 15-505 gives the respondent ten days after delivery of the notice to request a hearing. The hearing is held not less than ten nor more than 20 days after the hearing notice issues, and the city bears the burden of proof. The hearing officer decides within five days, and the decision advises of the right to appeal to superior court and takes effect on the 30th day.

Sources & Official References

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