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79-O-15ORDINANCENO. Il-O- IS AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON OWNING, MAIN- TAINING OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CON- SUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTING, ON THE PREMISES OF SAID ESTABLISHMENT, THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, believes that it is necessary to preserve the public peace and good order and to safe- guard the health, safety and welfare of the community and the citizens thereof and to improve the quality of life in Edgewater, Florida, it is necessary and advisable to regulate and restrict the conduct of owners, operators, agents, employees and patrons of the commercial establishments subject thereto, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. PROHIBITION 1.1 It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the City of Edgewater, Florida, at which alcoholic beverages are offered for sale for consumption on the premises: (a) To suffer or permit any female person, while on the premises of said commercial establishment, to expose to public view that area of the human female breast at or below the areola thereof. (b) To suffer or permit any female person, while on the premises C. e of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Section 1.1(a). (c) To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage. 1.2 it shall be unlawful for any female person, while on the premises of a commercial establishment located within the City of Edgewater, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breasts as described herein. 1.3 It shall be unlawful for any person, while on the premises of a commercial establishment located within the City of Edgewater, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage. SECTION 2. PENALTIES Any person who shall violate any section of this Ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or im- prisonment in the County Jail not to exceed sixty (60) days, or both. SECTION 3. SEVERABILITY It is declared to be the legislative intent that, if any section, sub- section, sentence, clause or provisions of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. SECTION 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION S. This Ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. SECTION 6. The City Clerk is hereby directed to advertise this Ordinance as required bylaw. The first reading of the above Ordinance is read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the �4 day of 1979, and approved as provided by law. The second reading of said Ordinance to be at a meeting of the City Council to be held on the F- day of, 1979. Roll call vote being as follows: ATTEST: FIRST READING: i/ �� _ , .D'T'i�" 7 M SECOND R EADING: unc an unci man MEN Approved this day of A. D. 1�1 . G Mayor This Ordinance prepared by JUDSON I. WOODS, JR. City Attorney