Newark, OH Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Annual license fee
- $500 under Section 807.07(d)
- Application processing fee
- $100, nonrefundable, Section 807.05(b)
- License term
- One year; renew at least forty-five days ahead
- Decision deadline
- Thirty days, then license is deemed issued
- Closed hours
- 12:00 midnight to 9:00 a.m. and all holidays
- Zoning separation
- 1,500 feet from schools, libraries, parks, worship
- Criminal penalty
- Third-degree misdemeanor, each day separate
Summary
In the City of Newark, Ohio, nobody can establish, operate or maintain a sexually oriented business without a city license, which carries a $500 annual fee. Chapter 1280 of the zoning code separately keeps these businesses out of nearly every district and requires 1,500 feet of separation in the General Industrial District.
(a) Sexually Oriented Business License Required. A sexually oriented business license shall be required to establish, operate, or maintain a sexually oriented business within the City. ... (d) License Fee. The annual fee for a sexually oriented business license is five hundred dollars ($500.00). ... Any person who violates, neglects, refuses to comply with ... shall be guilty of a misdemeanor of the third degree. Each day such violation continues shall constitute a separate offense. ... (c) No adult entertainment shall be established within 500 feet of any RS, RL, RM, RH, RZLL, RMH, SFC, TFR, MFR, MFC, MFH, CSI or PUD District. (d) Adult entertainment businesses may be established in a GI District upon securing a conditional use approval from the Board pursuant to Chapter 1234. ... (1) No adult entertainment business shall be established within 1,500 feet of another adult entertainment establishment, any school, library, or teaching facility, which is attended by persons less than eighteen years of age.
Full Breakdown
Chapter 807 of the Newark Code of Ordinances, enacted by the City Council as Ord. 01-45 on 11-5-01, makes a sexually oriented business license a precondition to opening. The Economic Development Director, or a designee, serves as the Sexually Oriented Business Use Commissioner, who rules on applications, inspects premises, and suspends or revokes licenses. Applications go to the Commissioner in writing on a prescribed form, with ten identical copies and a nonrefundable $100 administrative processing fee. The application must name the owners and officers, give the street address and legal description, identify each fee simple owner of the premises, and include a diagram of doors, windows, stages, performance areas and restrooms.
The Commissioner refers each file to city departments and must finish within thirty days; if the Commissioner neither issues nor denies within thirty days of a properly completed application, the license is deemed issued. Issuance requires that nobody named in the application was convicted of a specified criminal activity within the five years before applying, that no taxes, fees or fines connected to a sexually oriented business are overdue, and that the premises meet building, health, safety and Newark Zoning Code requirements. A license runs one year, must be displayed in plain view, and renewal applications are due at least forty-five days before expiration.
Operating rules in Section 807.13 bar opening on any Ohio or federal holiday and between 12:00 midnight and 9:00 a.m., with a carve-out for establishments holding an Ohio liquor license, whose live dancing and adult films still stay inside the restricted hours. Animals other than seeing eye dogs are barred.
Location is controlled in Chapter 1280 of the zoning code. No adult entertainment business can be established in the listed commercial, office, residential, planned unit and downtown districts, nor within 500 feet of the listed residential districts. The General Industrial District allows them only through conditional use approval from the Board, and then not within 1,500 feet of another adult entertainment establishment, a school, library or teaching facility attended by persons under eighteen, a park or recreational facility, or a place of worship.
Violations & Fines
Under Section 807.99, any violation of Chapter 807 or of a license condition is a misdemeanor of the third degree, and each day the violation continues is a separate offense. The Commissioner serves a citation in person or by certified mail. Section 807.21 declares a non-compliant business a public nuisance that the City can enjoin or abate in court. Section 807.11 allows suspension for not more than thirty days or revocation after a hearing. Zoning violations under Section 1280.03 are unclassified misdemeanors with a fine of not more than $500 per day.
Frequently Asked Questions
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Sources & Official References
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