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Southampton, NY Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Spacing from other adult use
1,500 feet lot line to lot line
Spacing from sensitive receptors
1,500 feet lot line to lot line
Spacing from church/school/park
1,500 feet
Floor area cap
2,000 square feet gross floor area
Establishments per lot
One adult establishment maximum
Regulated-use threshold
40% of revenue, stock or floor area

Summary

In the Town of Southampton outside the villages, an adult establishment cannot sit within 1,500 feet of another adult establishment, of a sensitive receptor such as a hospital or school, or of a church, school or park under Town Code § 330-162.17. Only one adult establishment is allowed per lot, and each is capped at 2,000 square feet of gross floor area.

§ 330-162.17. Adult entertainment. ... Adult entertainment shall be regulated as follows: A. The lot line of an adult establishment shall not be located within 1,500 feet of the lot line of another lot on which another adult establishment is located. B. The lot line of an adult establishment shall not be located within 1,500 feet of the lot line of any sensitive receptor. C. No more than one adult establishment shall be located on any one lot. D. No adult establishment shall exceed more than 2,000 square feet of gross floor area. E. No use shall be permitted within 1,500 feet of a church, school and park.

Full Breakdown

Added in 2001, § 330-162.17 regulates every category the Zoning Code defines as adult entertainment, including adult bookstores, adult clubs, adult massage parlors, adult novelty shops, adult theaters and adult video stores. The lot line of an adult establishment cannot be within 1,500 feet of the lot line of another adult establishment anywhere in the unincorporated Town, and cannot be within 1,500 feet of the lot line of a sensitive receptor, defined elsewhere in § 330-5 to include hospitals, libraries, museums, religious institutions, schools, parks and playgrounds.

Section 330-162.17E separately bars any use within 1,500 feet of a church, school or park. No lot may host more than one adult establishment, and floor area is capped at 2,000 square feet regardless of district. Section 330-162.17.1 exempts several categories from the whole scheme: commercial art galleries earning their primary revenue from art sales, museums, licensed business and trade schools, state-licensed medical and holistic practices, licensed sex therapy, barbershops and beauty salons limited to scalp, face, neck or shoulder massage, athletic training facilities, and health clubs that do not derive their primary revenue from administering massages.

Section 330-162.17.2 sets the test for whether a business counts as an adult establishment at all: it looks at floor area, stock-in-trade, revenue, advertising and general use devoted to adult entertainment, and treats 40% or more on any one of those measures as conclusive proof the use is regulated. A use that stays under those measures, or fits an exemption, is never subject to the spacing and size limits at all.

Violations & Fines

An adult establishment sited or operated in violation of the 1,500-foot spacing rules, the one-per-lot limit or the 2,000-square-foot cap is a Zoning Code violation under § 330-186, carrying a fine of up to $1,000 or up to six months in jail for a first offense, rising to $500-$1,500 for a second offense and $1,500-$2,500 for a third offense within five years, with each week of continued noncompliance a separate offense the Town Building Inspector can pursue.

Frequently Asked Questions

How far must an adult business be from a school in Southampton?
At least 1,500 feet, measured lot line to lot line, under § 330-162.17B and E, which separately bars any use within 1,500 feet of a sensitive receptor (which includes schools) and within 1,500 feet of a church, school or park specifically.
Are art galleries treated as adult establishments?
No. Section 330-162.17.1A exempts commercial art studios, exhibits and galleries whose primary revenue comes from selling commercial art, along with museums, licensed schools, licensed medical and therapy practices, and health clubs that do not primarily sell massages.
When does a business count as an adult establishment under Southampton's code?
Section 330-162.17.2 makes 40% or more of floor area, stock-in-trade, gross income, advertising, or general business use devoted to adult entertainment conclusive proof, though lower levels can still qualify under the general factors the section lists.

Sources & Official References

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