Southborough, MA Business Licensing & Operations: Adult Entertainment (2026)

Section 174-9(I) is enacted under MGL c. 40A, § 9A to prevent the clustering and concentration of adult entertainment enterprises because of their deleterious effect on the character and values of adjacent areas. It defines four regulated businesses: adult bookstore, adult motion-picture theater, adult paraphernalia store and adult video store, each by reference to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

No special permit can be granted by the Zoning Board of Appeals unless every standard is met. The first is spacing: not less than 1,000 feet, measured from all property lines of the proposed adult use, from a residential zoning district, school, library, church or other religious use, child care facility, park, playground, recreational area or another adult business. The second is display: no pictures, publications, videotapes, movies, covers or advertising that fall within the adult merchandise definitions, or that are erotic, prurient or related to violence, sadism or sexual exploitation, can appear in the windows or on the building or be visible to the public from sidewalks, walkways or other public or semipublic areas. The third is character: no special permit issues to any person convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.

Existing adult businesses had to apply for the special permit within 90 days after the subsection was adopted. A permit lapses one year after the grant, not counting time spent on an appeal under MGL c. 40A, § 17, if substantial use has not commenced or, for a construction permit, construction has not begun, except for good cause.

The Industrial Park District special permit list in § 174-8.6(C)(12) names adult bookstores, video stores, paraphernalia stores, motion-picture theaters and adult live entertainment and refers back to § 174-9I. Separately, § 174-11(C)(2)(g) bars any sign that depicts or represents sexual conduct or a state of sexual excitement.