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Portsmouth, VA Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Allowed districts
GMU, IL, IN only, by Use Permit
Barred from
All residential, D1, and historic districts
Signage rule
No explicit signage visible outside/windows
Approval body
Use Permit via Sec. 40.2-533
Penalty
Up to $1,000 misdemeanor, Sec. 40.2-553

Summary

Portsmouth restricts Adult Entertainment Establishments, defined to include adult hotels, motion picture arcades and theaters, cabarets, and sexual encounter centers, to a discretionary Use Permit in the General Mixed-Use (GMU), Light Industrial (IL), and Industrial (IN) districts only. No sexually explicit signage or visible display materials are allowed on the exterior or through windows.

ADULT ENTERTAINMENT ESTABLISHMENT—Any adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to sexual activities or sexual anatomy... (G)Use-Specific Standards for Specific Commercial Uses.(1)Adult Uses.(a)Purpose.(i)Adult uses, including Adult Entertainment Establishments and Adult Retail Stores, which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas.(b)Standards. In addition to general requirements, no signage that displays Specified Anatomical Areas or Specified Sexual Activities shall be displayed on the exterior of the building nor shall such materials be visible through any windows into the facility.

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 65).

Full Breakdown

Sec. 2-213 defines an Adult Entertainment Establishment as any adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or other business offering patrons services or entertainment emphasizing matter depicting or describing sexual activities or sexual anatomy, excluding uses that are illegal or preempted by state law. 2-216, the citywide Use Table, permits an Adult Entertainment Establishment only with a discretionary Use Permit (marked 'U') in the General Mixed-Use (GMU), Light Industrial (IL), and Industrial (IN) districts; the use is not listed as permitted or Use-Permit-eligible in the Neighborhood Residential, General Residential, Urban Residential, Urban Residential-Mixed, Neighborhood Mixed-Use, Mixed-Use High-Intensity, any Downtown (D1) sub-district, or any historic sub-district, meaning it cannot locate there at all.

Sec. 2-217(G)(1)(a) explains the purpose of this control: adult uses are recognized as having objectionable operational characteristics, particularly where several concentrate together or sit close to residential neighborhoods, and the primary regulatory goal is preventing that concentration from blighting surrounding areas. Sec. 2-217(G)(1)(b) then imposes a specific display standard on top of the district limits: no signage displaying Specified Anatomical Areas or Specified Sexual Activities may appear on a building's exterior, and no such materials may be visible through any window into the facility, regardless of whether the establishment holds an approved Use Permit.

An Adult Retail Store, a related but separately defined use, is treated somewhat more permissively under the same Use Table, allowed by-right in GMU, IL, and IN and by Use Permit in the MU-H district. Because Adult Entertainment Establishments require a Use Permit under Sec. 2-533 rather than a simple Zoning Permit, an application goes to the Planning Commission and City Council for a public hearing before it can be approved, denied, or conditioned.

Violations & Fines

Operating an Adult Entertainment Establishment without an approved Use Permit, or outside the GMU, IL, or IN districts where the Use Table allows one, is a zoning violation subject to the general misdemeanor penalty in Sec. 40.2-553, up to $1,000.00 per offense. Displaying prohibited sexually explicit signage or visible interior materials in violation of Sec. 40.2-217(G)(1)(b) is a separate violation even for an establishment holding a valid permit.

Frequently Asked Questions

Where can an adult entertainment establishment locate in Portsmouth?
Table 40.2-216 allows an Adult Entertainment Establishment only with an approved Use Permit in the General Mixed-Use (GMU), Light Industrial (IL), and Industrial (IN) districts; it is not permitted in any residential, Downtown D1, or historic district.
What counts as an adult entertainment establishment under Portsmouth's code?
Sec. 40.2-213 defines it as any adult hotel or motel, adult motion picture arcade or theater, cabaret, sexual encounter center, or similar business emphasizing sexual activities or anatomy, excluding uses that are illegal or preempted by state law.
Can an adult business display sexually explicit signs outside?
No. Sec. 40.2-217(G)(1)(b) bans any signage displaying Specified Anatomical Areas or Specified Sexual Activities on the building's exterior, and also bars such materials from being visible through any window into the facility.
What approval process does an adult entertainment establishment need?
It needs a discretionary Use Permit under Sec. 40.2-533, which goes through Planning Commission review and City Council public hearing, rather than the administrative Zoning Permit issued for most permitted uses.

Sources & Official References

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