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

Village of Hamburg Code § 250-23.5 states its purpose in plain terms: the Village of Hamburg treats adult uses as having serious objectionable operational characteristics and restricts them to certain nonresidential areas, while disclaiming any intent to limit constitutionally protected speech.

Location. Adult bookstores, adult cabarets, adult entertainment cabarets, adult motion-picture theaters, adult motels, massage establishments, body-rub establishments, and peep shows are allowable only on properties in the Mixed Use District. No more than one such use is permitted on any single lot. None can sit within 500 feet of the boundary of any residential zoning district, within 1,000 feet of the property line of a school, hospital, synagogue, church or other religious institution, day-care center, youth center, park or playground, public library, or area where minors congregate, or within 1,000 feet of another lot containing an adult use. Every adult use operates in an enclosed building, and no passerby can see a specified anatomical area or specified sexual activity through any display, decoration, sign, window, or opening.

Registration. Beyond other licenses and permits, no adult use operates until a certificate of registration is filed with the Village Clerk. It lists the business name and address, all owners and persons with a substantial connection, the start date, the exact nature of the operation, the registration fee set by the Village Board, any lease, and a copy of the required site plan approval. Changes require a new or amended certificate within 30 days. The certificate is not transferable between persons or premises and has to be displayed on the premises.

Issuance and term. The Superintendent of Public Works and the Chief of Police investigate and recommend approval or disapproval to the Village Clerk, who issues the registration on payment of the fee. A disapproval states its reason and goes by certified mail. Registrations run June 1 to May 31, and a registrant starting after November 30 and before May 30 pays 1/2 of the annual fee. Renewal is as a matter of course on or before June 1.

Denial, revocation, amortization. Registration is denied after a prior suspension or revocation, a false statement, or a conviction of a criminal act related to the use within the last five years. A conviction of a criminal act related to the use triggers immediate revocation. A preexisting nonconforming adult use terminates not later than one year after the effective date of the chapter.