Pocatello, ID Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Zoning confinement
- Commercial General district only
- Buffer distance
- 500 feet from churches, schools, parks, homes
- Business-to-business buffer
- 500 feet from another sexually oriented business
- Initial license fee
- $250.00 (FY2022 resolution)
- Renewal fee
- $125.00
- Nonconforming protection
- grandfathered if lawfully operating by 12/31/2000
- Violation grade
- misdemeanor under § 5.60.130
Summary
Sexually oriented businesses in the City of Pocatello may only operate in the Commercial General zoning district, and § 5.60.130 makes it a misdemeanor to run one within 500 feet of a church, school, park, residential district boundary or another sexually oriented business, or to operate on a liquor-licensed premises. A second sexually oriented use in the same building is also a misdemeanor.
A. A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than commercial general, as defined and described in the zoning code. B. A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred feet (500') of: 1. A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; 2. A public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools ; ... ... 3. A boundary of a residential district as defined in the city of Pocatello zoning code; ... ... C. A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within five hundred feet (500') of another sexually oriented business.
Full Breakdown
Chapter 5.60 confines sexually oriented businesses, adult bookstores, theatres, cabarets, arcades, escort agencies and similar uses defined in § 5.60.020, to the Commercial General zoning district and imposes a 500 foot buffer under § 5.60.130 from churches, synagogues, mosques and temples; schools from daycare through college; any residential district boundary or residentially used lot; public parks and recreational land; and any premises licensed to sell alcohol, which may not also host a sexually oriented business. A second sexually oriented business cannot open within 500 feet of an existing one, and a building cannot hold more than one such use or expand one at the expense of another, under subsections C and D.
Distances are measured in a straight line from the nearest building wall to the nearest property line, ignoring political boundaries, under subsections E and F. A business lawfully operating on December 31, 2000 that fails one of these standards becomes a protected nonconforming use under subsection G rather than being forced to close, and a conforming business is not made nonconforming later just because a qualifying use moves in near it under subsection H. Before opening, an operator and each employee must hold a separate license under § 5.60.040, pay an initial fee of $250.00 and a $125.00 renewal fee under § 5.60.060, and submit to fingerprinting and an Idaho State Police and FBI background check.
Violations & Fines
Operating a sexually oriented business outside the Commercial General zone, inside a 500 foot buffer, or as a second use in the same building or lot, is a misdemeanor under § 5.60.130. Operating without the separate business or employee license required by § 5.60.040 is also a misdemeanor, and the enforcement officer can deny, suspend or revoke a license for a code violation, in addition to any criminal penalty a court imposes.
Frequently Asked Questions
Where in Pocatello can a sexually oriented business locate?
Can two adult businesses operate near each other in Pocatello?
What if a business was already operating before the buffer rules took effect?
Sources & Official References
Other rules in Pocatello
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