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

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

Key Facts

Spacing buffer
1,500 feet from churches, schools, parks, homes
Permit fee
$25.00 initial, $10.00 annual renewal
Issuing agency
Bay County Sheriff's Office
Processing time
Sheriff must decide within 21 days
First suspension
90 days after a specified-criminal-act conviction
Covered businesses
Bookstores, clubs, theaters, massage establishments

Summary

Bay County requires every employee of a sexually oriented business, bookstores, adult clubs, adult theaters and massage establishments as defined at § 3.5-63, to hold a sheriff-issued permit before working, and bars any such business from opening within 1,500 feet of a church, school, public park, residential-zoned land or a tourism-corridor right-of-way. The sheriff can suspend or revoke permits after a criminal conviction.

These county ordinances apply to unincorporated areas of Bay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No sexually oriented business shall be located nearer than 1,500 feet radial spacing to any other sexually oriented business nor nearer than 1,500 feet radial spacing to any:

(1)Church, or(2)Public, private or parochial elementary, middle or high school, or(3)Public park, or(4)Areas designated residential on the future land use map of the county comprehensive plan or within the comprehensive plan or zoning map of any municipality within the county, or(5)Any portion of the right-of-way of any tourism corridor.

Full Breakdown

5-63 to include adult bookstores, adult clubs, adult motion picture theaters, adult mini motion picture theaters, and massage establishments (any commercial operation offering manipulation of body tissue by hand or device for compensation). 5-64 sets a 1,500-foot radial spacing buffer between any two sexually oriented businesses and between such a business and a church, a public, private or parochial elementary, middle or high school, a public park, land designated residential on the county's or a municipality's comprehensive plan, or the right-of-way of a named tourism corridor such as Front Beach Road or Thomas Drive.

Distance is measured corner-to-corner for another business or church, and corner-to-nearest-point for schools, parks and residential land. 00. Applicants must be at least 18, submit fingerprints and a photograph, and disclose any 'specified criminal act' conviction (prostitution, obscenity, controlled-substance and similar offenses). The sheriff must issue or deny a permit within 21 days of a complete application; a temporary permit covers the gap. A conviction for a specified criminal act while permitted triggers a 90-day suspension for a first offense and 180 days for a repeat. Denials, suspensions and revocations are reviewed by writ of certiorari.

Violations & Fines

Working in a sexually oriented business without the required sheriff-issued permit, or an establishment employing someone without one, is prosecuted under the penalties the Florida Statutes set for county ordinance violations. A permit is suspended 90 days after a first conviction for a specified criminal act, 180 days for a second, and can be revoked outright for false statements on the application under § 3.5-78(d) and (h).

Frequently Asked Questions

Does Bay County require a permit to work at a massage establishment?
Yes, if the business meets the § 3.5-63 definition of 'sexually oriented business' massage establishment, meaning it does not staff a Florida-licensed massage therapist full time. Under § 3.5-78, every employee must get a $25.00 permit from the Bay County Sheriff's Office, submit fingerprints and photos, and pass a background check for offenses like prostitution or controlled-substance crimes.
How far must a sexually oriented business stay from a school or church?
At least 1,500 feet, measured under § 3.5-64 from the nearest corner of the business to the nearest corner of the church or existing sexually oriented business, or to the nearest point of the school grounds, park or residential-zoned property. The buffer also covers named tourism-corridor rights-of-way such as Front Beach Road.
Can the sheriff take away a sexually oriented business employee's permit?
Yes. Under § 3.5-78(h), a conviction for a 'specified criminal act,' which includes prostitution, obscenity and controlled-substance offenses, triggers an automatic 90-day suspension on a first conviction and 180 days on a later one. False information on the application is separate grounds for outright revocation.

Sources & Official References

Other rules in Bay County

All Bay County rules

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