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Polk County, FL Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Citation
Polk County Code § 10.5-91, § 10.5-109
License required from
Division of Development Services
Residential setback
500 feet from residential zoning
Sensitive-use setback
2,500 feet from church, school, park
Between adult uses
2,500 feet minimum separation
Enforcement
Prosecution under FS 125.69 plus civil abatement

Summary

Polk County requires every adult bookstore, theater, cabaret, or modeling studio to hold an adult use license before opening, and bars these businesses from locating within 500 feet of residential zoning, 2,500 feet of a church, school, child care facility or park, or within 2,500 feet of another adult use establishment.

City-specific rules exist: Winter Haven has its own adult entertainment rules that differ from Polk County's county-level regulations. If you live in Winter Haven, check the city-specific page instead.

No adult use establishment shall be permitted to operate without having first been granted an adult use license. ... No adult use establishment, including an adult bookstore operating only as an adult bookstore, may be located within five hundred (500) feet of any property designated a standard residential district as provided by the Polk County Land Development Code, or property which has final approval as a planned development, which has land use designations comparable to those listed above; nor within two thousand five hundred (2,500) feet of any church, school, child care facility, or public recreation area. ... No adult use business establishment may be located within two thousand five hundred (2,500) feet of any other adult use.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 109 | Land Development Code: Supplement 12).

Full Breakdown

5-91(a) for any adult use establishment to operate without first being granted an adult use license. The county's Division of Development Services grants, denies, revokes, and renews licenses, the Sheriff's Office screens applicants for disqualifying criminal convictions, and the Building Division and Public Health Unit inspect the premises. 5-93 requires the applicant to disclose identity, any prior license suspensions or revocations, a detailed site plan showing property lines, doors, booths and structural features, and photographs and ID numbers for every principal. 5-97 gives the county forty-five days to grant or deny the application, and disqualifies anyone convicted of a specified criminal act within the preceding two years for a misdemeanor or five years for a felony.

5-109 sets the locational limits: no adult use may sit within 500 feet of a standard residential zoning district or comparable planned development, or within 2,500 feet of a church, school, child care facility, or public recreation area, and no two adult uses may sit within 2,500 feet of each other, measured in a straight line between the nearest property lines.

Violations & Fines

Operating without a valid, current adult use license violates section 10.5-116. Section 10.5-130 makes violations of the division prosecutable under Section 125.69, Florida Statutes, and additionally subjects noncompliant adult bookstores, theaters, cabarets, and studios to civil abatement action, with each day of continued violation counted as a separate offense. Section 10.5-97 also lets the county deny a renewed application for six months after a denial if the underlying problem has not changed.

Frequently Asked Questions

How close can an adult bookstore be to a school in Polk County?
Not within 2,500 feet. Section 10.5-109(a) bars any adult use establishment, including a bookstore operating solely as a bookstore, from locating within 2,500 feet of a church, school, child care facility, or public recreation area, measured in a straight line from the nearest property line of the sensitive use to the closest property line of the adult business.
Can two adult businesses operate next door to each other in Polk County?
No. Section 10.5-109(b) prohibits any adult use business establishment from locating within 2,500 feet of any other adult use, on top of the separate 500-foot residential and 2,500-foot sensitive-use setbacks in subsection (a). The distance is measured along a straight line between the two establishments' nearest property lines, including from the specific unit inside a shopping center.
What happens if an adult business operates in Polk County without a license?
It violates section 10.5-116, and the operator, owner, or any employee who knows or should know the business lacks a current adult use license, or holds one that is suspended, revoked, or expired, is subject to prosecution under Section 125.69, Florida Statutes, plus a civil abatement action, with each day the business stays open counted as a separate violation.

Sources & Official References

Other rules in Polk County

All Polk County rules

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