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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 19111
Experience:  B.A.; M.B.A.; J.D.
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I am seeking legal guidance regarding working as a Webcam

Customer Question

I am seeking legal guidance regarding working as a Webcam Model in Las Vegas, NV Clark County and business licensing/zoning laws.
As a webcam model I provide adult oriented services via live webcam broadcasts on the internet. I broadcast, produce, and sell fetish content on several different websites.
When I entered the industry several years ago, I applied for a business license and I was denied by the county. I was told that performing as a webcam model from my home (residential area) was against zoning ordinances. I was told to be approved, I must conduct business from a location zoned for this activity in the adult use overlay. Since then, I have rented an office space in the adult use overlay, and eventually began working with a webcam studio. I currently work at the webcam studio and have a sole proprietor business license from the Secretary of State. For several reasons would like to move forward and see if it is legal to operate out of my home.
I have been in contact with the county recently and explain my business activities in detail...each time receive different answers and or no answers at all. I am concerned that I will be denied a county business license once again.
I am seeking solid answers regarding issues with business licensing/zoning. As a webcam model my business is considered adult TV/Motion Picture/Film Production, however it seems the county is zoning webcam models as they would adult cabarets, adult novelty stores, adult motion picture theaters, and other adult establishments that have physical location in Las Vegas where patrons and entertainers conduct business.
I do not provide services to clients in-person at a physical location. All business and services take place on the internet. My business has no deleterious effect on nearby businesses or residential areas, or cause other adverse secondary effects. I do not have children. I perform alone and do not collaborate with other performers. I do not perform nude, I perform fetish broadcasts and produce fetish content only. I do not produce what is known in the industry as hardcore pornographic content or perform hardcore pornographic broadcasts. Although it is an adult oriented business, do zoning ordinances apply to an internet and home based business of this nature?
I absolutely will not operate out of my home if I will be denied licensing, if it is not legal or if it is against zoning ordinances, but I am not getting clear answers from the county. Of course, to keep overhead as low as possible best case scenario would be operating out of my home. If I am unable to do so, I would rent an office space in the adult use overlay once again.
I would like to know if operating and performing as a webcam model out of my home is subject to the same zoning regulations as adult entertainment businesses with physical locations in Las Vegas? What kind of business licenses are necessary (county/secretary of state)? If zoning ordinances do not apply, what course of action should I take if I continue to get denied licensing by the county?
Thank you for your time and I will look forward to any replies.
Submitted: 9 months ago.
Category: Business Law
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

Your Questions:

Although it is an adult oriented business, do zoning ordinances apply to an internet and home based business of this nature?

Response 1: Unfortunately, they do for the simple reason that there is no way the county can verify what you are stating that there would not be children present when you would be doing this or that there would be not be any foot traffic because of your activities.

I would like to know if operating and performing as a webcam model out of my home is subject to the same zoning regulations as adult entertainment businesses with physical locations in Las Vegas?

Response 2: The answer is yes.

What kind of business licenses are necessary (county/secretary of state)? If zoning ordinances do not apply,

Response 3: Zoning ordinances do apply.

what course of action should I take if I continue to get denied licensing by the county?

Response 4: I do not see any recourse other than appealing once more. However, the appeal would not be successful because the denial would be proper.

I am sorry that I do not have better news for you.