Desiree's Desires, Inc.How Adult Zoning in Massachusetts Impacts Small Business
We have been in business at our retail location in Upton, MA for nearly 5 years. Many people ask us why we are located in an industrial zone at the end of a cul-de-sac. There is a good reason, and it involves zoning in Massachusetts. Don’t get me wrong, Upton is awesome!! The questions we get about why we are located in an industrial zone in a small town is tiresome. Trust me, if we could be in a strip mall, we would be!
General Zoning Overview
I went to law school, so I’m a nerd when it comes to legal stuff, especially when it impacts my business and livelihood. Each Town in Massachusetts has a set of zoning laws, which we all must abide by – family residences and businesses alike. For the record, I completely understand why this is the case, and I’m not opposed to creating certain areas in town for businesses. Small neighborhoods, especially in MetroWest and Central Mass, deserve the New England charm we all love. Having a Target Super Store in a residential neighborhood is not ideal. That said, my adult boutique is a retail business that is strictly (legally) discriminated against simply because of the “nature of the business” when zoning is applied.
Adult Specific Zoning
Many Towns in Massachusetts have specific zoning bylaws that regulate the location, hours, and/or general availability of adult businesses. To be specific all 5 adult business categories are put into the same bylaw. The adult categories defined in law are:
- adult bookstore: books and magazines
- adult motion picture theater: showing of pornographic movies
- adult paraphernalia store: stock consists of objects associated with sexual activity
- adult video store: DVDs and movies (I don’t think VHS are sold anymore)
- establishment which displays live nudity for its patrons: adult clubs or booths
If you are looking to open up any of these 5 businesses, start reading the bylaws in each Massachusetts city or town. You will find they are similar, but none are the same. For example, each community will place adult businesses in different commercial and/or industrial zones to be far away from anything in the residential neighborhood, religious institution, public/private school, or any place where children may congregate. The zoning distance ranges from 250-1200 feet measured from lot-to-lot or door-to-door. Read the fine print. Plus, many large “anchor stores” in strip malls have “no adult business” clauses in their leases.
How this Impacts My Adult Boutique
Needless to say, adult businesses fall into their own distinct category in local zoning laws. However, all 5 categories fall within the same zone. That is the biggest problem that impacts small sex toy boutique owners like me. We are a retail store. Like lingerie, candy, antiques, or gift stores, we offer a specialty to our retail customers. However, we can not do business in a retail zone.
I completely understand why some people do not want to visit my boutique. Obviously, if you are under the age of 18, we do not let you in. That said, why put small business people through such hoops? My boutique is not an adult entertainment club that is open late night, serves food and liquor, and is enclosed in a rather large facility. We are a 1500 square foot health and wellness retail boutique owned by a mother and daughter team. We just happen to sell sex toys, lingerie, adult novelties, and other sexual health and wellness products.
If and when you decide to visit our boutique, please know that we understand our boutique is located in an industrial zone. Although it has a rugged exterior appearance, we can promise you it’s absolutely gorgeous and comfortable inside!
Do you think sex toy stores should be classified the same way adult entertainment clubs?