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

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

Key Facts

Residential/school/park setback
300 feet
Setback from another adult use
1,000 feet
Minimum building size
8,000 square feet
Minimum seating
250 seats
Permitted hours for partial nudity
8:00 p.m. to 4:00 a.m.
Hotel exemption threshold
300+ hotel units

Summary

Miami Beach bans total nudity and sexual conduct at any alcoholic beverage establishment citywide and confines partial nudity to locations set back 300 feet from residential zones, schools, houses of worship and parks, and 1,000 feet from another adult entertainment establishment.

(a)Location generally. No alcoholic beverage establishment permitting partial nudity is permitted on a parcel of land located:(1)Within 300 feet of any district designated as RS, RM, or RPS on the city's official zoning district map;(2)Within 300 feet of any parcel of land upon which a house of worship, school, public park or playground is located; or(3)Within 1,000 feet of any parcel of land upon which another adult entertainment establishment is located. A hotel with a minimum of 300 hotel units shall be exempt from subsections (a)(1), (2) and (3) of this section.

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 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).

Full Breakdown

City Code Sec. 6-40 flatly prohibits total nudity or sexual conduct at any alcoholic beverage establishment on any parcel in Miami Beach, and makes it unlawful for an owner, manager or patron to permit or engage in it. Establishments permitting partial nudity are treated separately under Sec. 6-41: they cannot locate within 300 feet of any RS, RM or RPS-zoned parcel, within 300 feet of a house of worship, school, public park or playground, or within 1,000 feet of another adult entertainment establishment, with distances measured in a straight line between the two closest points or principal entrances.

A hotel with 300 or more hotel units is exempt from all three spacing rules. m. Performers must stay at least three feet from patrons, cannot dance with or converse with patrons, and screened private-performance areas are banned outright. A certificate of use or occupational license cannot issue until the police, fire, building and code compliance departments each report compliance. Variances to the location and mandatory-requirement subsections run through the city's Sec. 118-351 variance procedure. Establishments operating with total or partial nudity before December 19, 1989 under a valid state alcoholic beverage license may continue partial nudity as a grandfathered nonconforming use under Sec. 6-38, but once that use converts to a conforming use it cannot revert.

Violations & Fines

Violations trigger revocation proceedings against the business tax receipt, certificate of use or certificate of occupancy under Sec. 6-37, plus enforcement under the Charter's general penalty in Sec. 1-14 or Sec. 114-8. Prostitution, solicitation and controlled-substance activity on the premises are separately barred under Sec. 6-41(c) referencing F.S. §§ 768.01 and 893.02(4).

Frequently Asked Questions

Can a Miami Beach bar allow full nudity?
No. Sec. 6-40 bans total nudity or sexual conduct at any alcoholic beverage establishment anywhere in the city, with no distance exception; only partial nudity, as separately defined, can be permitted at all.
How close can a partial-nudity club be to a residential zone?
It must be at least 300 feet from any parcel zoned RS, RM or RPS, and 300 feet from a house of worship, school, park or playground, measured in a straight line under Sec. 6-41(a) and (b).
Does a large hotel get an exception?
Yes. Sec. 6-41(a) exempts any hotel with a minimum of 300 hotel units from all three location restrictions, though the operating standards in subsection (b) still apply.
What happens if a club violates the spacing or hours rule?
The city can move to revoke the business tax receipt, certificate of use or certificate of occupancy under Sec. 6-37, in addition to Charter-based fines under Sec. 1-14 or Sec. 114-8.

Sources & Official References

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