Location of sexually oriented businesses.
Memphis Code of Ordinances § 6-72-8
in effectSec. 6-72-8. - Location of sexually oriented businesses.
A. A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 1,500 feet of:
1. A duly organized and recognized church;
2. A public or private elementary or secondary school;
3. A boundary of a residential or landmark district as defined in this Code;
4. A public park; or
5. The property line of a lot devoted to a residential use as defined in this Code.
B. A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business.
C. A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
D. For the purpose of subsection A of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or local historic district.
E. For purposes of subsection B of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
F. Any sexually oriented business lawfully operating on July 1, 1990, that is in violation of subsections A, B or C of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued. In the event of termination of such a sexually oriented business, anyone applying for a reopening or for another sexually oriented business establishment at the premises will be considered a new applicant. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
G. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
H. Nothing in this section shall prohibit the city from seeking and obtaining injunctive relief, or the continuation of litigation for injunctive relief pending at the time this chapter becomes effective, against any sexually oriented business which has opened or may open, from March 31, 1987, to the time this chapter becomes effective, within 1,000 feet of a duly organized, recognized church, public or private elementary or secondary school, boundary of a residential district as defined by this Code, public park adjacent to a residential district as defined by this code, or any other sexually oriented business. For purposes of this subsection only, the term "sexually oriented business" shall be limited to and retain the definitions set forth in the predecessor ordinance of the city, Ordinance No. 3647, dated March 31, 1987, Code section 6-72-1 et seq., especially section 6-72-4. This chapter is an amended recreation of, and not an abandonment of, said predecessor ordinance.
(Code 1985, § 20-126; Ord. No. 4013, § 1, 1-15-1991)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-72SEORBU_S6-72-8LOSEORBUFetched: 10/28/2026