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

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

Key Facts

License required
Sec. 4-31, six classifications
Application fee
$400 nonrefundable, Sec. 4-36
Annual license fee
$200 per classification, Sec. 4-43
License term
Oct. 1 to Sept. 30 annually
Reapply after denial
9-month wait, Sec. 4-42
Maximum penalty
$500 fine or 60 days jail

Summary

Melbourne requires a city license before anyone can operate or work at a sexually oriented business or adult entertainment establishment. Sec. 4-31 sets six license classifications and a one-classification-per-location rule, and Sec. 4-32 ties every location to the zoning code's separation requirements.

(a)Requirement. It is unlawful for any person to operate or to be an operator of or worker at a sexually oriented business or an adult entertainment establishment which has not first obtained a license which is applicable for said establishment or business pursuant to this chapter; or to continue to operate or be an operator of or worker at a sexually oriented business or an adult entertainment establishment where that person knows or has reason to know that the license of the establishment or business is under suspension, has been revoked or has lapsed....(c)Classifications. Adult entertainment establishment and sexually oriented business licenses referred to in this chapter shall be classified as follows:(1)Adult bookstore/adult video store.(2)Adult performance establishment.(3)Adult motel.(4)Adult theater.(5)Commercial bodily contact establishment.(6)Escort service. Sec. 4-32. Locations of all sexually oriented businesses and adult entertainment establishments within the city shall comply with the provisions of appendix B, article VI, section 2(A)...

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 32).

Full Breakdown

Sec. 4-31(a) makes it unlawful to operate, or to be an operator or worker at, a sexually oriented business or adult entertainment establishment that has not first obtained a license, or to keep operating once the license is known to be suspended, revoked or lapsed; a court finding of no valid license is grounds for closing the business. Subsection (c) sorts every license into one of six classifications: adult bookstore/adult video store, adult performance establishment, adult motel, adult theater, commercial bodily contact establishment, or escort service, and subsection (d) allows only a single license under a single classification per location.

Sec. 4-32 requires every sexually oriented business and adult entertainment establishment to comply with the separation and location standards in appendix B, article VI, section 2(A) of the land development code. Sec. 4-34 requires a sworn application to the city manager or designee with a nonrefundable $400 application fee under Sec. 4-36, and Sec. 4-39 gives the police chief, fire chief, building official and community development department 15 days to investigate an application before the city manager acts within 30 days under Sec. 4-40. Annual license fees run $200 per classification under Sec.

4-43, and licenses run October 1 through September 30 with renewal applications due at least 30 days before expiration under Sec. 4-44. Sec. 4-41 lists denial grounds tied to a license already under suspension or revoked within the preceding two years, and a denied applicant cannot reapply for nine months absent a changed circumstance under Sec. 4-42.

Violations & Fines

Operating or working at an unlicensed sexually oriented business or adult entertainment establishment, or continuing after suspension, revocation or lapse, is prosecuted under Sec. 4-6 as a misdemeanor in the same manner as other city ordinance violations, punishable by a fine of up to $500, up to 60 days in the county jail, or both, with each incident treated as a separate offense; civil remedies including injunctive relief remain available in addition to that criminal penalty.

Frequently Asked Questions

What license classifications exist for adult businesses in Melbourne?
Sec. 4-31(c) lists six: adult bookstore/adult video store, adult performance establishment, adult motel, adult theater, commercial bodily contact establishment, and escort service. Only one license under a single classification may issue per location, per Sec. 4-31(d).
How much does a Melbourne adult entertainment license cost?
Sec. 4-36 sets a nonrefundable $400 application fee that is credited toward the annual license fee, and Sec. 4-43 sets that annual fee at $200 for each of the six license classifications, collected on top of the city's regular business tax.
Where can an adult entertainment business locate in Melbourne?
Sec. 4-32 requires every sexually oriented business and adult entertainment establishment to comply with the separation, distance and zoning restrictions set out in appendix B, article VI, section 2(A) of the city's land development code, in addition to every other restriction in the Code.

Sources & Official References

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