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South Bend, IN Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

License fee
$500 per year, payable to the City Controller
Licensing authority
Office of the City Controller
Restricted hours
Bookstores/video stores closed 10 p.m.-7 a.m.
Stage separation
18-inch stage, 10 feet from patrons
Sign limit
One 75 sq ft primary, one 50 sq ft secondary
Maximum penalty
$2,500 fine per violation
Minimum age
18 to enter or work on premises

Summary

South Bend requires every adult business, from bookstores to viewing-booth arcades, to hold a $500 annual license issued by the City Controller before opening. Adult bookstores and video stores must close between 10 p.m. and 7 a.m., and no adult business except an adult motel may stay open in that window. Operators face fines up to $2,500, license suspension, or revocation for violations.

(b)License required.(1)No person shall operate an adult business without first obtaining a license hereunder, issued by the Controller...(d)Fees. The annual fee for an adult business license is five hundred dollars ($500.00). This fee is to be used to pay for the cost of the administration and enforcement of this section...(k)Hours of operation. Adult businesses shall be subject to the following regulations concerning hours of operation:(1)No adult bookstore or adult video store shall be open between the hours of 10:00 p.m. and 7:00 a.m.(2)No adult business, except an adult motel, shall be open between the hours of 10:00 p.m. and 7:00 a.m.(s)Penalty. Failure to comply with any of the provisions of this section shall constitute an ordinance violation for which a penalty of up to two thousand five hundred dollars ($2,500.00) may be imposed upon the operator and owner of the licensed adult business.

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

The Controller issues an adult business license only after reviewing an application that includes a scaled diagram of the premises and a sworn statement of total floor space, and only after the Building Commissioner and County health official confirm the location meets the section's viewing-booth and sanitation standards. The Controller must approve or deny within thirty days, and can refuse a license only if the applicant is under eighteen, gave false information, the premises failed inspection, or the fee went unpaid. Locational and spacing standards for adult businesses are set separately in Chapter 21, the zoning ordinance, which was not part of the file reviewed for this record.

Inside a licensed viewing-booth arcade, no booth may be fully enclosed, doors or displays cannot block the opening, and no more than one patron may occupy a booth at a time; the space must carry at least one foot-candle of overhead lighting at floor level at all times patrons are present. Live performers must work from a stage at least eighteen inches high and ten feet from the nearest patron, with no direct physical contact and no hand-to-hand tips; gratuities go into a separated container instead. Exterior signage is capped at one primary sign of no more than seventy-five square feet and one secondary sign of no more than fifty square feet, each a flat, single-color panel with no photographs or flashing lights, and merchandise or activity inside cannot be visible from outside the building.

The Controller suspends a license for up to thirty days for a section violation and revokes it for prostitution, sexual conduct on the premises, admitting a patron under eighteen, or operating while suspended; a revoked license stays void for one year. Licensees must post the license at the entrance and notify the Controller in writing within five days of any change in application information. The Building Commissioner and County health official inspect a licensed premises twice a year, and the Controller reports application, suspension, and fine totals to the Public Safety Committee every March 31.

Violations & Fines

Operating without a license, allowing prostitution, sexual conduct, or contact between entertainers and patrons, admitting anyone under eighteen, or running the business during a suspension all trigger revocation, which bars a new license for one year. Any section violation carries an ordinance fine up to $2,500 against both the operator and the owner. An applicant or licensee can appeal a denial, suspension, or revocation to court within thirty days, and the City must issue a provisional license while that appeal is pending.

Frequently Asked Questions

Does South Bend limit where an adult business can locate?
The licensing chapter defers location and spacing standards to Chapter 21, the City's zoning ordinance, rather than setting distance rules itself. Section 4-18.5(j) states only that 'the location of any adult business shall be governed by the provisions of Chapter 21.' That zoning chapter was not part of the file reviewed here, so specific buffer distances cannot be confirmed from this source.
What hours can a South Bend adult business stay open?
Adult bookstores and adult video stores must close between 10 p.m. and 7 a.m. Every other adult business, except an adult motel, follows the same overnight closure. Even adult motels cannot allow nudity, live sexual performances, or explicit films on the premises between those hours. The rule applies every night of the week, with no seasonal or event exception in the section.
Can a South Bend adult business license be taken away?
Yes. The Controller can suspend a license for up to thirty days for any violation and must revoke it for prostitution, sexual conduct on site, admitting a minor, or operating during a suspension. A revocation lasts one year before a new application is possible. Licensees can appeal a suspension or revocation through a Controller hearing and then to court within thirty days.
How much does an adult business license cost in South Bend?
The annual fee is $500, paid to the Office of the City Controller to cover administration and enforcement of the section. Licenses expire every January 31 and must be renewed at least thirty days before that date to avoid a lapse. Filing less than thirty days ahead does not extend the expiration, so a late renewal can leave a gap in coverage.

Sources & Official References

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