Kent County, DE Business Licensing & Operations: Adult Entertainment (2026)

Section 205-71.A of the Zoning Code, within the article the county labels Conditions of Approval, sets three separation standards that apply before an adult entertainment establishment can locate in Kent County. First, no such establishment may be allowed within 1,500 feet of another existing adult entertainment establishment, which prevents clustering. Second, none may locate within 2,800 feet of an existing school or place of worship. Third, none may be located within 500 feet of the AC, AR, RS1, RS5, RMH or RM zoning districts, the county's agricultural and residential classifications, which pushes the use toward commercial and industrial areas away from housing.

The Zoning Code defines an adult entertainment establishment broadly: any establishment offering sexually oriented material, devices, paraphernalia, services or performances in any form, printed, filmed, recorded or live, that excludes anyone under 18. A separate, narrower category exists for a commercial establishment where sexually oriented material is only a substantial portion of the business but on-site display or activity is not permitted; the code specifically states such uses shall not be considered adult entertainment establishments and so fall outside the § 205-71.A buffers.

Beyond the spacing rules, § 205-52.F requires a zoning certificate of use from the Department of Planning Services, Division of Planning, before any nonresidential premises can be occupied or used, and the general conditions in § 205-66.D require all applicable state and local licenses or permits for the specific use to be obtained and kept current, pairing the siting buffers with the same use-authorization step every other commercial use must clear.