Hercules, CA Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Residential buffer
- 300 feet from any residential zoning boundary
- Other adult-business buffer
- 1,000 feet from another adult entertainment business
- Sensitive-use buffer
- 1,000 feet from park, school, library, church
- Closing hours
- Closed 10:00 p.m. to 7:00 a.m.
- Penalty
- $500 fine, 6 months jail, each day separate offense
- Also a nuisance
- City may seek court abatement/injunction under Sec. 4-16.06
Summary
Hercules bars adult-oriented entertainment businesses within 300 feet of any residential zone, within 1,000 feet of another adult business, and within 1,000 feet of a park, school, library, or religious institution, and forces them to close between 10 p.m. and 7 a.m. under Sec. 4-16.03. Operating in violation is a misdemeanor and a declared public nuisance the City can sue to shut down.
(a) Adult oriented entertainment businesses are prohibited from the following: (1) Operating within three hundred (300) feet of the boundary of a residential zoning district or mixed use residential zoning district: (2) Operating within a radius of one thousand (1,000) feet of any other adult oriented entertainment business; (3) Operating within a radius of one thousand (1,000) feet of any public park, public or private school, public library, religious institution or any other public building; (4) Being open for business between the hours of 10:00 p.m. and 7:00 a.m. (b) Distances in this Section shall be measured in a straight line, without regard to intervening structures, from the closest exterior structure wall of each business, or in the case of zoning districts or parks, from the nearest boundary.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).
Full Breakdown
Sec. 02 of the Hercules Municipal Code defines 'adult oriented entertainment businesses' broadly: any fixed-location business that predominantly sells or exhibits sexually oriented publications, films, or devices; shows films with sexual activity as the primary theme; presents live adult entertainment simulating sex acts; offers dating or escort services; provides nude or topless models, dancers, or servers; or offers massage, sauna, or body-cleansing services where an attendant touches or appeals to a customer's prurient interest. Sec. m. Distances are measured in a straight line from the closest exterior wall of the business, or from the nearest zoning or park boundary, ignoring any buildings in between.
Sec. 06 goes further than a simple penalty: it declares that operating in violation of the chapter is itself a public nuisance, letting the Code Enforcement Officer, City Attorney, or District Attorney seek abatement, injunctions, or closure through the courts in addition to or instead of criminal prosecution. Under Sec. 05, these spacing and hours rules stack on top of, rather than replace, the separate conditional-use-permit and zoning requirements the City's land use code imposes on adult businesses.
Violations & Fines
Violating any section of Chapter 16 is a misdemeanor under Sec. 4-16.04, punishable by up to $500 and six months in jail, with each day of continued operation a separate offense. Sec. 4-16.06 separately lets the City pursue civil abatement, an injunction, or closure through the courts because the violation is itself declared a public nuisance.
Frequently Asked Questions
How close can an adult business open to a school or church in Hercules?
What hours can an adult entertainment business operate in Hercules?
What can the City do about an adult business that ignores the spacing rules?
Sources & Official References
Other rules in Hercules
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Adult Entertainment in Nearby Cities
How other cities in Contra Costa County handle adult entertainment.