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San Marcos, TX Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Annual license fee
$1,000
Buffer from homes/schools/churches
1,500 feet
Buffer from I-35 centerline
1,000 feet
Licensing authority
Chief of Police
Zoning eligibility
Only R-numbered parcels

Summary

San Marcos requires a $1,000 annual license for adult oriented businesses and bans them within 1,500 feet of churches, schools, homes, parks, bars, and other adult businesses.

It shall be unlawful for a person to operate or cause to be operated an adult oriented business on any property that is located: (1) In the central business area; (2) On a parcel of land other than those identified by R number on the map attached as Exhibit A; (3) Within 1,000 feet of the centerline of I-35; or (4) Within 1,500 feet of: a. A church; b. A public or private elementary or secondary school...

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 41).

Full Breakdown

Under City Code Sec. 18.246, an adult oriented business cannot locate in the central business area, within 1,000 feet of I-35's centerline, or within 1,500 feet of a church, school, residential district or use, park adjoining a residential district, bar, or another adult oriented business, and it must sit on a parcel identified by R number on the city's exhibit map. Sec. 18.286 separately requires a police-issued license before operating, and Sec. 18.287 sets the annual fee at $1,000. Operating without a license is a criminal offense and also grounds for an injunction under Sec. 18.244.

Violations & Fines

Operating without a license or in violation of the spacing rules is a criminal offense; the city can also sue for an injunction and administrative penalties under Sec. 18.244.

Frequently Asked Questions

Can an adult business locate anywhere zoned commercial in San Marcos?
No: it must be on a parcel specifically identified by R number on the city's Exhibit A map, outside the central business area and the 1,000/1,500-foot buffers.
What happens to a business that was already operating before the spacing rule applied?
It becomes a legal nonconforming use and may continue at that location unless discontinued for 30 days, per Sec. 18.246(c).

Sources & Official References

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