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

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

Key Facts

Permit required
Town Board special permit
Zoning district
L Industrial 1 only
Residential buffer
500 feet
Spacing from another adult use
1 mile
School/church/park buffer
1,000 feet
Density cap
One adult use per lot

Summary

Adult entertainment establishments, adult bookstores, adult motels, adult theaters, massage establishments and peep shows are Town Board special permit uses confined to the L Industrial 1 District, and must clear 500-foot, one-mile and 1,000-foot buffers before the Town Board of Brookhaven will act on an application.

The following special permit uses, when authorized by the Town Board, shall be subject to the criteria as set forth in Article VI, § 85-67, in addition to the criteria contained herein: A. Adult uses, including adult entertainment establishments, adult bookstores, adult motels, adult theaters, massage establishments, and peep shows. ... (1) The above uses are prohibited within a 500-foot radius of any area zoned for residential use. (2) The above uses are prohibited within a one-mile radius of another such use. (3) The above uses are prohibited within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground, or playing field, library, hospital or similar public or semipublic place of general congregation, or non-degree-granting instruction/programs, including self-defense, dance, swimming, gymnastics, and other sports. (4) No more than one adult use shall be located on any lot.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Brookhaven Town Code treats adult uses as a Town Board special permit category under § 85-561A, available only in the L Industrial 1 District (Light Industry), not as a by-right use anywhere else in town. Section 85-569A sets out the siting math the Town Board applies when it reviews an application under the general special-permit criteria of Article VI, § 85-67: the use is prohibited within a 500-foot radius of any area zoned for residential use, prohibited within a one-mile radius of another adult use, and prohibited within 1,000 feet of the lot line of any school, church or other place of religious worship, park, playground, playing field, library, hospital, or similar public or semipublic place of general congregation, as well as non-degree-granting instruction programs such as self-defense, dance, swimming or gymnastics studios.

On top of the spacing rules, § 85-569A(4) caps density directly: no more than one adult use may be located on any single lot, so a multi-tenant building cannot stack a bookstore and a theater together to get around the mile separation. The zoning parking schedule elsewhere in Chapter 85 separately requires one parking space per 150 square feet of gross floor area for an adult use. Because siting is confined to the L Industrial 1 District and layered with three overlapping buffers plus the one-per-lot cap, in practice very little industrially zoned land in Brookhaven can actually clear every test at once, making this one of the more restrictive special-permit categories in the zoning code.

Violations & Fines

Operating an adult use without the required Town Board special permit, outside the L Industrial 1 District, or in violation of the 500-foot, one-mile or 1,000-foot buffers is a zoning code violation enforceable by the Town's Division of Land Management/code enforcement, subject to the penalty and injunctive-relief provisions applicable to Chapter 85 violations, including revocation of the special permit.

Frequently Asked Questions

Where in Brookhaven can an adult bookstore or theater operate?
Only in the L Industrial 1 District, and only with a Town Board special permit under Code § 85-561A. It cannot open by right in any other zoning district in the town, including business or commercial districts.
How close can an adult use be to a school or church in Brookhaven?
Code § 85-569A(3) prohibits an adult use within 1,000 feet of the lot line of any school, church or other place of worship, park, playground, playing field, library or hospital, measured from the property line, not the building itself.
Can two adult businesses operate near each other in Brookhaven?
No. Section 85-569A(2) prohibits any adult use within a one-mile radius of another adult use, and Section 85-569A(4) additionally limits any single lot to one adult use regardless of building size.

Sources & Official References

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