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Winter Haven, FL Business Licensing & Operations: Adult Entertainment (2026)

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

Key Facts

Permit required
Adult entertainment permit from city manager before opening
Annual fee
$750 per Sec. 9-257
Residential buffer
750 feet from any residentially zoned land
Institutional buffer
500 feet from churches, schools, child care, parks
Between businesses
500 feet from another sexually oriented business
Permit term
Expires one year from issuance, renewable
Grandfather deadline
Nonconforming sites had until Nov. 9, 1997

Summary

Winter Haven requires an adult entertainment permit before any sexually oriented business, adult bookstore, adult theater, special cabaret, or physical culture establishment can open, and bars new locations within 750 feet of residentially zoned land and 500 feet of any church, school, child care facility, public recreation area, or another regulated business. The annual permit fee is $750, and applicants with recent felony or misdemeanor convictions can be denied.

(a)No sexually oriented business shall be permitted to operate without having first been granted an adult entertainment permit under this article. ... (a)No adult bookstore, adult theater, special cabaret, physical culture establishment or adult photographic studio may be established within seven hundred fifty (750) feet of any incorporated area in Winter Haven zoned for residential use, including, but not limited to, residential portions of PD zoning districts, nor within five hundred (500) feet of any church, school, child care facility or public recreation area. (b)No adult bookstore, adult theater, special cabaret, physical culture establishment or adult photographic studio may be established within five hundred (500) feet of any other such regulated use. ... The annual fee for a sexually oriented business permit is seven hundred fifty dollars ($750.00).

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 108).

Full Breakdown

Winter Haven Code of Ordinances Article X, adopted by Ord. No. 92-29 in 1992, requires anyone operating an adult bookstore, adult theater, special cabaret, physical culture establishment, or adult photographic studio inside city limits to first obtain an adult entertainment permit from the city manager under Sec. 9-253. Applicants file three sworn copies of an application with the city clerk's office, submit fingerprints and identification, and pay a nonrefundable application fee; the planning department checks compliance with the locational standards in Sec. 9-255 while the police chief investigates any of the specified criminal acts listed in Sec.

9-252, covering Florida sexual battery, prostitution, lewdness, bigamy, incest, and obscenity offenses. Under Sec. 9-255, no covered business may locate within 750 feet of land zoned residential anywhere in Winter Haven, including residential portions of Planned Development districts, or within 500 feet of a church, school, licensed child care facility, or public recreation area; a further 500-foot buffer separates any two regulated businesses from each other, measured property line to property line in a straight line rather than by travel route. The city manager must grant or deny an application within 21 days and must deny it if an applicant was convicted of a specified criminal act within the last two years for a misdemeanor or five years for a felony, regardless of whether the conviction is on appeal.

The annual permit fee is $750 under Sec. 9-257, and permits expire one year after issuance and require renewal filings at least 30 days before expiration. Establishments that predated the 1992 ordinance had until November 9, 1997 to conform to the spacing rules or stop operating. 081, Florida Statutes.

Violations & Fines

Operating a sexually oriented business without a city-issued permit, or outside the 750-foot residential and 500-foot institutional buffers set in Sec. 9-255, is a misdemeanor under Section 775.081, Florida Statutes, and the establishment is separately declared a public nuisance the city manager can abate through civil court action under Sec. 9-266. The city manager can also suspend or revoke a permit for building, fire, health, or zoning violations after a seven-day cure period goes unmet.

Frequently Asked Questions

Does Winter Haven require a permit to open an adult bookstore or cabaret?
Yes. Sec. 9-253 of the Winter Haven Code bars any sexually oriented business, including adult bookstores, theaters, special cabarets, and physical culture establishments, from operating without a city manager-issued adult entertainment permit. Applicants submit a sworn application with identification and pay a nonrefundable fee, and the city manager must grant or deny the request within 21 days of a complete filing.
How far must an adult business be from a school or church in Winter Haven?
Sec. 9-255 requires 500 feet of separation from any church, school, licensed child care facility, or public recreation area, measured property line to property line in a straight line. The same section also requires 750 feet from any residentially zoned land and 500 feet from another regulated adult business.
What is the annual permit fee for a sexually oriented business?
Sec. 9-257 sets the annual adult entertainment permit fee at $750. Permits expire one year from issuance, and renewal applications should be filed at least 30 days before the expiration date to avoid a lapse in the license.
Can a felony conviction disqualify someone from getting the permit?
Yes. Under Sec. 9-256(c), the city manager must deny an application if the applicant was convicted of a specified criminal act, such as prostitution, lewdness, or obscenity offenses, within the past five years for a felony or two years for a misdemeanor, regardless of whether the conviction is being appealed.

Sources & Official References

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