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Check your state laws and local ordinances before selling adult toys. Laws vary greatly from state to state, and some states ban the sale of adult toys.
Legal History
During the 1960s, the U.S. Supreme Court handed down several decisions that essentially legalized sex shops that sell adult toys and other sex-related items. However, states and local governments were allowed to regulate these businesses via zoning and licensing.
State Ban on Sales
Alabama bans the sale of sex toys and Mississippi has banned any "three-dimensional device...designed primarily for the stimulation of human genital organs." A similar ban in Texas was struck down by the U.S. Fifth Circuit Court of Appeals in 2008.
Zoning Restrictions
Where you can operate an adult business is often affected by special zoning regulations, such as in Los Angeles, where it is unlawful to operate an adult business within 1000 feet of another adult business or within 500 feet of a church or school.
Business License
Regardless of the jurisdiction, you will need a local business license to sell adult toys.
Age Restrictions
Your potential customers should be of appropriate age, typically 18 or the age for sexual consent.
Source:
Mississippi Code SEC. 97-29-105
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