Overview
Sexually oriented businesses (S.O.Bs) are a unique category of business that local governments may regulate through business licensing and land use ordinances. As these businesses involve constitutionally protected expressive conduct, regulations must be carefully crafted to address legitimate public health, safety, and welfare concerns without unnecessarily restricting protected speech.
Under §10-8-41.5 of the Utah Code (as amended), a sexually oriented business is generally defined as a business where a nude or partially denuded individual, whether an employee or an independent contractor, performs services for compensation. The statute also includes several specific types of businesses that fall within this definition, including:
- Adult bookstores and adult video stores.
- Adult cabarets or adult entertainment establishments.
- Escort services and adult services.
- Nude or semi-nude modeling studios.
- Other businesses identified in state law that provide sexually oriented entertainment or services.
As these businesses can create secondary impacts, such as increased crime, decreased property values, traffic, and compatibility issues with surrounding land uses, Utah law authorizes municipalities to regulate their location and operation. However, regulations must be content-neutral, supported by evidence of these secondary effects, and consistent with constitutional protections under the First Amendment.
Local governments should work closely with their legal counsel when adopting or amending regulations governing sexually oriented businesses to ensure compliance with both Utah law and applicable court decisions.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
