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Hudson, NH Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Permitted zone
Industrial Zone only
Buffer distance
500 feet from protected uses
Buffer measured from
Property line to parking lot or structure
Approval required
Planning Board site plan approval
Violation classification
Public nuisance per se, civil abatement

Summary

In the Town of Hudson, New Hampshire, a sexually oriented business may open only in the Industrial Zone, must sit 500 feet from churches, schools, day cares, parks, homes and other such businesses, and needs Planning Board site plan approval before it can operate.

§ 334-85. Permitted locations. The establishment of sexually oriented businesses shall only be permitted in the Industrial Zone, provided all regulations, requirements and restrictions pertaining to that zone are met, and the establishment of sexually oriented businesses shall not be permitted within 500 feet of a church or place of worship, parish house or convent; a public, parochial or private school; a state-approved day-care center; another sexually oriented business; a sexually oriented business for which a building permit has been applied for; a residence; any business in which minors constitute more than 50% of the patrons; a public park, recreation or sports facility; Town boundaries; or buildings owned by the Town of Hudson and operated for government use. ... ... § 334-86. Setback distance. The setback distance between any sexually oriented business and any protected use shall be 500 feet, measured from the property line of the protected use to any existing (or proposed) parking lot or structure of the sexually oriented business.

Full Breakdown

Hudson Town Code Article XVII (added 1999, readopted 2001 by Amdt. No. 7) confines sexually oriented businesses to the Industrial Zone under § 334-85, and only if every other regulation of that zone is also met. The same section bars establishment within 500 feet of a long list of protected uses: a church, place of worship, parish house or convent; a public, parochial or private school; a state-approved day-care center; another sexually oriented business or one that has already applied for a building permit; a residence; any business where minors make up more than half the patrons; a public park, recreation or sports facility; the Town's own boundaries; or buildings the Town owns and operates for government use.

Section 334-85 defines 'establishment' broadly to catch both a brand-new business and the conversion of an existing business into a sexually oriented one. Section 334-86 fixes the measurement rule for that buffer: the 500-foot setback runs from the protected use's property line to the sexually oriented business's existing or proposed parking lot or structure, not to a building corner or entrance. Before any such business can open, § 334-87 requires site plan approval from the Hudson Planning Board, which may impose conditions on buffers, outdoor lighting, signage, parking, ingress and egress, pedestrian movement, landscaping and building aesthetics, and can require merchandise displays to conform with NH RSA 571-B.

Section 334-84 states the Town's purpose is to stop the concentration and resulting blight of these businesses, not to restrict First Amendment-protected content or deny adults or distributors access to sexually oriented materials, and it disclaims any intent to condone obscene material.

Violations & Fines

Section 334-88 declares any violation of the article's use provisions a public nuisance per se, which the Town abates through civil abatement procedures rather than criminal prosecution. Section 334-89 makes clear that compliance with Article XVII never legalizes conduct that separately violates another Town ordinance or a New Hampshire statute on public nuisances, sexual conduct, lewdness, or obscene or harmful matter.

Frequently Asked Questions

Where can a sexually oriented business locate in Hudson?
Only in the Industrial Zone, and only if it meets every other regulation that applies to that zone, per § 334-85. It also cannot sit within 500 feet of churches, schools, day cares, homes, parks, another such business or Town-owned government buildings.
How is the 500-foot buffer measured?
Section 334-86 measures the setback from the property line of the protected use, such as a school or church, out to the existing or proposed parking lot or structure of the sexually oriented business, not simply between buildings.
What happens if a business opens without site plan approval?
Section 334-87 makes Planning Board site plan approval a prerequisite to establishment, and § 334-88 declares any violation of the article's use provisions a public nuisance per se, which the Town can abate through civil abatement procedures.

Sources & Official References

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