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Madison County, IL Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Permit required
Special use permit, one per location
Allowed zoning
B-3 Highway Business District only
Setback from sensitive uses
1,000 feet, property line to property line
Cluster limit
Max 2 within 1,000 feet of each other
Grandfather cutoff
Operating before Sept. 20, 1995
Max fine
$500 per violation per day

Summary

Adult businesses in unincorporated Madison County need a special use permit and can only locate in a B-3 Highway Business District, at least 1,000 feet from any residential zone, dwelling, church, school, licensed day care, cemetery or park.

These county ordinances apply to unincorporated areas of Madison County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No adult business may operate within the unincorporated territory of this county without first having obtained a special use permit. ... All adult businesses shall be located within a B-3 Highway Business District. ... No adult business shall be located within 1,000 feet of any residential zone, single or multiple-family dwelling, church, school, licensed day-care facility, cemetery or park. Said distance shall be measured from property line to property line.

Full Breakdown

01 to include adults-only bookstores, theaters, entertainment centers, massage parlors, rap parlors, cabarets and saunas, may operate in unincorporated county territory without first obtaining a special use permit, with a separate permit required for each location. 177(H) appeal is heard within 60 days. 03 sets the location restrictions: all adult businesses must sit within a B-3 Highway Business District; none may locate within 1,000 feet, measured property line to property line, of any residential zone, single or multi-family dwelling, church, school, licensed day-care facility, cemetery or park; and no more than two adult businesses may sit within 1,000 feet of each other, excluding streets, alleys and public ways.

The county explains this is meant to address secondary effects such as attracting transients, depressing property values, increasing crime including prostitution, and blighting the surrounding area. 03(C)(4) grandfathers adult businesses that were established and operating continuously before September 20, 1995 as nonconforming uses, so long as they are not enlarged.

Violations & Fines

Section 76.99 makes an operator, agent or employee who violates any provision of Chapter 76 subject to a fine of up to $500 per violation, with each day a violation continues counted as a separate offense. The county may also pursue injunctive relief, and the State's Attorney's Office may separately pursue criminal charges arising from the same conduct.

Frequently Asked Questions

Can an adult business open anywhere in unincorporated Madison County?
No. Section 76.03 confines adult businesses to a B-3 Highway Business District and requires a 1,000-foot separation from any residential zone, dwelling, church, school, licensed day care, cemetery or park, measured property line to property line.
How many adult businesses can locate near each other?
No more than two adult businesses may be located within 1,000 feet of one another, excluding streets, alleys and public ways, under Section 76.03(C)(3).
Do older adult businesses have to move if they violate the setback?
Section 76.03(C)(4) allows an adult business operating continuously before September 20, 1995 to continue as a nonconforming use, but it may not be enlarged or increased in size.

Sources & Official References

Other rules in Madison County

All Madison County rules

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