Santa Fe, NM Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Buffer distance
- 1,000 feet from residential zones, schools, parks, libraries
- License authority
- City accounts receivable office, renewed annually
- Age/background check
- 18+; no felony or obscenity conviction within 5 years
- Max penalty
- 90 days jail and/or $300 fine
- Grandfather cutoff
- Businesses operating before February 9, 2000
Summary
Santa Fe bans sexually oriented businesses from residential districts and requires a 1,000-foot buffer from schools, parks, religious institutions, restaurants, hotels, theaters, day cares and libraries under City Code Section 14-6.2(C)(1). Operators must also hold an annual license from the city's accounts receivable office, renewed each year and subject to background screening and revocation for violations.
A sexually oriented business shall not be located or presented in a residential district, even temporarily; within one thousand (1,000) feet of a district zoned for residential uses or a district in which single-family dwellings or multiple-family dwellings are allowed as principal uses and structures; or within one thousand (1,000) feet of any parcel of real property on which is located any of the following facilities: 1) a school, academy, center or other entity that provides instruction primarily for and attended by minors; 2) a religious institution that conducts religious services, education classes or other gatherings for minors; 3) a public park, playground or public recreation facility; 4) eating and drinking establishments; 5) hotels, motels, rooming and boarding houses; 6) commercial recreational uses and structures such as theaters and bowling alleys; 7) private day-care nurseries and kindergartens; or 8) libraries.
Full Breakdown
The city's Land Development Code, Section 14-6.2(C)(1)(b), keeps sexually oriented businesses out of residential zones entirely and pushes them at least 1,000 feet from any residentially zoned district, from schools and religious institutions that serve minors, from parks and playgrounds, and from restaurants, hotels, motels, theaters, bowling alleys, day-care nurseries, kindergartens and libraries. The radius runs from the parcel line. Businesses operating lawfully before the city adopted Ordinance No. 2000-8 on February 9, 2000 are grandfathered as nonconforming uses under Article 14-10 rather than forced to relocate.
Beyond zoning, every sexually oriented business needs a city-issued operating license under Subsection 14-6.2(C)(1)(f). Applications go in triplicate to the city's accounts receivable office, with a copy routed to the Santa Fe police department, and the office must grant or deny within 21 days. Individual applicants, corporate officers and any partner with a financial stake must be at least 18 and clear of felony, moral turpitude, prostitution or obscenity convictions in the five years before applying. Licenses run one year and must be renewed at least 60 days before expiration. Businesses with private viewing booths must keep aisles unobstructed, walls solid from floor to six feet, and lighting at a minimum of ten foot-candles, with only one patron per booth. The governing body can revoke a license for false statements on the application, code violations, unpaid fees or illegal alcohol service on-site, after ten days' written notice and a public hearing. A revoked operator cannot get a new license for a year, and the location itself is barred from sexually oriented use for six months. Denials and revocations are appealable under Section 14-3.17.
Violations & Fines
Violating the location, licensing or newsrack-display rules carries up to 90 days in county jail, a fine of up to $300, forfeiture of an impounded adult newsrack valued up to $300, or a combination, under Subsection 14-6.2(C)(1)(e). Total fines plus forfeiture value cannot exceed $300. The city attorney can also seek a district court injunction to shut down an operating violation.
Frequently Asked Questions
Can a sexually oriented business open on the Santa Fe Plaza or downtown?
Does Santa Fe require a separate license beyond a general business license?
What happens to a sexually oriented business that was operating before the buffer rule passed?
Sources & Official References
Other rules in Santa Fe
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