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

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

Key Facts

Allowed district
M2 General Manufacturing only
Buffer from residential/schools/parks
1,500 feet
Buffer between adult uses
1,500 feet
Registration fee
$50 per certificate
Uses per lot
One adult use maximum
Nonconforming use amortization
1 year to comply

Summary

Cheektowaga restricts adult bookstores, cabarets, entertainment establishments and adult theaters to the M2 General Manufacturing District, requires a $50 Town Clerk registration, and imposes 1,500-foot buffers from homes, schools, parks and other adult uses.

No adult use shall be permitted within 1,500 feet of another existing adult use. No adult use shall be located within 1,500 feet of the boundaries of any zoning district which is zoned for residential use ... No adult use shall be located in any zoning district except those districts zoned for general manufacturing use (M2). No more than one of the uses governed by these provisions shall be permitted on any single lot in the Town of Cheektowaga.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Section 260-37A(1)(h) of the Zoning Code regulates 'adult uses' as part of the M2 General Manufacturing District, defining the category to include adult bookstore, adult cabaret, adult entertainment establishment, adult motion-picture theater, massage establishment and steam bath establishment. The Town states its purpose is to curb secondary effects like traffic, loitering, crime, and declining property values from concentrated adult uses. Substantively, § 260-37A(1)(h)[3] bars any adult use within 1,500 feet of another existing adult use, within 1,500 feet of any residentially zoned district (including senior housing, condos and assisted living), and within 1,500 feet of a preexisting school, place of worship, day-care center, park, playground, restaurant with outdoor seating, hotel, motel, theater or amusement enterprise; it also confines adult uses exclusively to the M2 district and caps each lot at one such use.

Beyond zoning, § 260-37A(1)(h)[4] imposes a registration requirement: no adult use may operate without a certificate of registration filed with the Town Clerk disclosing the premises address, owner and beneficial-owner information, the business name, the date the use began, and a copy of any lease, with a $50 processing fee and mandatory 30-day updates for any change in the filed information. The certificate must be displayed on premises, is non-transferable, and a knowingly false statement is grounds for rejection, suspension or revocation. Section 260-37A(1)(h)[6] gives existing nonconforming adult uses only one year from the effective date to terminate or relocate into compliance.

Violations & Fines

Operating an adult use without a valid Town Clerk registration certificate is expressly declared a violation under § 260-37A(1)(h)[4][h]. General zoning violations, including operating outside the M2 district or within a buffer zone, are punishable under § 260-72 by a $50-$350 fine for a first offense, up to $700-$1,000 for a third offense within five years, plus up to 15 days imprisonment per offense.

Frequently Asked Questions

Where can an adult bookstore operate in Cheektowaga?
Only in the M2 General Manufacturing District, per § 260-37A(1)(h)[3][d]; no other zoning district permits adult uses, and only one such use is allowed per lot.
How far must an adult use be from a school or park in Cheektowaga?
Section 260-37A(1)(h)[3][c] requires at least 1,500 feet of separation from a preexisting school, place of worship, day-care center, park, playground, restaurant with outdoor seating, hotel, motel, theater or amusement enterprise.
Does Cheektowaga require a permit for an adult business?
Yes. Section 260-37A(1)(h)[4] requires a certificate of registration filed with the Town Clerk for a $50 fee before any adult use may operate, and operating without one is itself a violation.

Sources & Official References

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