Framingham, MA Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Overlay creation
- 2/3 vote of City Council
- Permit authority
- Zoning Board of Appeals special permit
- Minimum spacing
- 1,000 feet, all property lines
- Protected uses nearby
- Residential zones, schools, churches, parks
- Permit lapse
- 2 years if substantial use not begun
- Disqualifying convictions
- MGL c. 119 §63; c. 272 §28
Summary
Framingham confines adult bookstores, video stores, paraphernalia stores, adult theaters and adult live entertainment to an Adult Uses Overlay District and requires a Zoning Board of Appeals special permit, keeping every such use at least 1,000 feet from residential zones, schools, churches, parks and each other.
This Adult Uses District section is enacted pursuant to MGL c. 40A, § 9A, to serve Framingham's compelling interests of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of the deleterious effect on the character and values of adjacent areas. ... An area of land may be placed within an Adult Uses Overlay District by vote of at least 2/3 of City Council. ... The following uses shall require a special permit from the Zoning Board of Appeals: adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment. ... No adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment may be located less than 1,000 feet from a residential zoning district, school, library, church or other religious use, child care facility, park, playground, recreational areas where large numbers of minors regularly travel or congregate, or another adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment. The 1,000 feet distance shall be measured from all property lines of the proposed use.
Full Breakdown
Framingham City Code § 435-19 creates the Adult Uses Overlay District under MGL c. 40A, § 9A, stating the city's compelling interest in preventing the clustering and concentration of adult entertainment enterprises because of their deleterious effect on adjacent property values and character. An area can only be placed in the overlay by a two-thirds vote of the City Council, and it layers on top of, rather than replaces, the underlying zoning district. Within the overlay, an adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater, or adult live entertainment establishment needs a special permit from the Zoning Board of Appeals (ZBA); all other uses permitted in the underlying district remain permitted as-is.
The ZBA cannot grant that special permit unless locational conditions are met: no such use may sit less than 1,000 feet, measured from all property lines, from a residential zoning district, school, library, church or other religious use, child care facility, park, playground, or area where minors regularly travel or congregate, or from another adult use of the same kind. Display conditions bar any erotic, prurient, or sexually explicit signs, pictures, or merchandise from being visible in windows, on the building, or from public sidewalks.
No special permit may be issued to anyone convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28. A special permit granted under § 435-19 lapses if the location of the use changes, if the business or license is sold, transferred, or assigned, or if ownership or management of the applicant changes, and it also lapses automatically within two years of grant if substantial use has not begun (absent good cause).
Violations & Fines
The ZBA may not grant, and must revoke the basis for, a special permit for an adult use that fails the 1,000-foot spacing standard, displays prohibited erotic or sexually explicit material visible from outside the premises, or is sought by an applicant previously convicted under MGL c. 119, § 63 or MGL c. 272, § 28. An existing special permit automatically lapses on a change of location, a sale or transfer of the business or license, a change in ownership or management, or if substantial use has not commenced within two years of grant.
Frequently Asked Questions
How far must an adult bookstore be from a school in Framingham?
Can adult businesses locate anywhere in Framingham?
What makes a Framingham adult use permit lapse?
Sources & Official References
Other rules in Framingham
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