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New Rochelle, NY Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Governing section
City Code § 331-112
Spacing buffer
400 feet from other adult businesses, residential zones, schools, parks
Size cap
5,000 square feet gross floor area
Minimum age on premises
18 years old
Permit term
3 years, recertifiable

Summary

New Rochelle bars adult-oriented businesses within 400 feet of each other, residential zoning districts, schools, parks or libraries, caps them at 5,000 square feet, and requires a Planning Board special permit good for three years.

No building in which there is an adult-oriented business as defined in Article II of this chapter shall be permitted: (1) Within 400 feet of any other building in which there is an adult-oriented business. (2) Within 400 feet of a zoning district that permits residential dwellings as a principal use, except where a mixed-use or commercial/industrial boundary is adjacent to a public road or railroad, said public road or railroad shall be included within the calculation as part of the four-hundred-foot setback. (3) Within 400 feet of the property line of a school, house of worship, public park, public recreation facility, public community center, public library, or designated urban renewal area. B. No adult-oriented business shall exceed 5,000 square feet in gross floor area. C. No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential uses. D. No person under the age of 18 years old shall be permitted into the premises of an adult-oriented business.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

City Code § 331-112 sets four hard buffers before an adult-oriented business can locate anywhere in New Rochelle: no building housing one may sit within 400 feet of another such building, within 400 feet of a zoning district permitting residential dwellings as a principal use, or within 400 feet of the property line of a school, house of worship, public park, public recreation facility, public community center, public library, or designated urban renewal area. Where a mixed-use or commercial/industrial boundary abuts a public road or railroad, that road or railroad is counted as part of the 400-foot measurement rather than excluded.

Size is separately capped at 5,000 square feet of gross floor area, and no such business may operate in a building where the majority of floor area is residential use, even a nonconforming residential use. Only one adult-oriented activity is allowed per building or per lot. Entry is restricted to persons 18 and older, and live nude entertainment that is lewd, indecent or grossly sexual is prohibited, though the section carves out constitutionally protected expressive nudity that is not a pretext for exploitation. Beyond the use restrictions, no such business may open without a Planning Board special use permit, which under subsection I is valid for three years and can be recertified for additional three-year terms if the permittee shows continued compliance with the permit, the Zoning Code and all other applicable law; the Planning Board can deny recertification and force the business to close when the current term lapses.

Assignment of the permit to a new owner also requires Planning Board approval. Signage is separately restricted: no neon or flashing illumination, no nude or provocative exterior displays, interior nude displays must sit at least four feet from any window and stay invisible from outside, total visible signage is capped at 100 square feet (no more than 50 illuminated non-flashing), and window/door signage cannot exceed 20% of any window or door.

Violations & Fines

Operating an adult-oriented business without a valid Planning Board special permit, within any of the 400-foot buffers, above the 5,000-square-foot cap, with more than one activity per lot, admitting anyone under 18, or presenting prohibited nude entertainment or signage violates § 331-112 and is enforceable through the City's zoning code, including denial of permit recertification and forced closure of the business when its current permit term ends.

Frequently Asked Questions

How far must an adult-oriented business be from a school or park in New Rochelle?
At least 400 feet from the property line of a school, house of worship, public park, public recreation facility, community center, library, or designated urban renewal area, per § 331-112A(3), in addition to the same 400-foot buffer from residential zoning districts and other adult businesses.
Is there a size limit on adult businesses in New Rochelle?
Yes, § 331-112B caps gross floor area at 5,000 square feet, and the business cannot be housed in a building where most of the floor area is residential use, including nonconforming residential space.
How long does a New Rochelle adult business special permit last?
Three years under § 331-112I(1). The permittee can request recertification before expiration, but the Planning Board can deny it if the business is out of compliance, and the business must then stop operating when the term runs out.

Sources & Official References

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