Wauwatosa, WI Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Governing section
- Sec. 24.09.100 Sexually Oriented Businesses
- Default status
- Specifically prohibited citywide
- Waiver buffer
- 500 feet from homes, schools, churches
- Waiver threshold
- 51% of nearby owners/residents/businesses, 100 min
- Additional approval
- Conditional use permit, Sec. 24.16.040
Summary
Wauwatosa bans sex bookstores, adult theaters, sexual device stores and cabarets featuring nude or semi-nude dancers outright citywide. The prohibition can only be waived if the site sits 500 feet from homes, schools and churches and 51% of nearby owners and residents sign a petition supporting it.
The following uses of land are specifically prohibited except as provided under this chapter: sex bookstores, coin-operated motion picture devices showing sex movies and cabarets or any places featuring nude or semi-nude dancers, strippers or similar type entertainment. ... Exceptions. Such use or uses as prohibited by the regulations of this section may be waived; provided that such building is not located within 500 feet of any residential dwelling, rooming unit, school, hospital, church or place of worship, or stores that may be frequented by children under the age of 18. This prohibition may be waived if the person applying for the waiver files with the common council a petition of the proposed regulated use signed by 51% of the persons owning, residing, or doing business within a radius of 500 feet of the location of the proposed use.
Full Breakdown
" The rest of the section spells out the banned uses individually: bookstores where a "substantial or significant portion" of stock emphasizes "specified sexual activities" or "specified anatomical areas," sexual device stores, coin-operated "mini-motion" displays, adult motion picture theaters, and cabarets featuring topless, bottomless or exotic dancers or performers engaged in specified sexual activities. 100G: the site cannot sit within 500 feet of any residential dwelling, rooming unit, school, hospital, church or place of worship, or of stores frequented by children under 18, and even then the operator must file a petition with the common council signed by 51% of the owners, residents and businesses within that 500-foot radius, with a minimum of 100 responses required; the radius grows in 100-foot increments if the area does not contain 100 eligible respondents. 040. In effect, sexually oriented businesses are banned as of right citywide and can locate only through a supermajority petition of their immediate neighbors.
Violations & Fines
Operating a sex bookstore, adult theater, sexual device store, coin-operated adult viewing device or nude/semi-nude dance cabaret in Wauwatosa without completing the Section 24.09.100G waiver petition and conditional use approval is a zoning code violation; the city can deny or revoke the business license and pursue enforcement to close the use. The waiver fails automatically if the site sits within 500 feet of a residence, school, hospital, church or business frequented by minors, absent the signed 51%-of-neighbors petition.
Frequently Asked Questions
Are strip clubs or adult bookstores legal in Wauwatosa?
How can a sexually oriented business get approved in Wauwatosa?
What happens if there aren't 100 eligible people within 500 feet?
Does getting the neighborhood petition guarantee approval?
Sources & Official References
Other rules in Wauwatosa
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Adult Entertainment in Nearby Cities
How other cities in Milwaukee County handle adult entertainment.