2007-O-13ORDINANCE NO.2007-0-13
AN ORDINANCE AMENDING CHAPTER 12, ARTICLES I
AND IV OF THE EDGEWATER CODE OF ORDINANCES;
AMENDING ARTICLE III OF THE CITY'S LAND
DEVELOPMENT CODE; CREATING ADULT
ENTERTAINMENT REGULATIONS AT ARTICLE XIX OF
THE CITY'S LAND DEVELOPMENT CODE; PERMITTING
ADULT ENTERTAINMENT ESTABLISHMENTS AS A
PERMITTED USE WITHIN THE (I-1) LIGHT INDUSTRIAL
DISTRICT; CREATING DEFINITIONS; ESTABLISHING
FINDINGS OF FACT; CREATING PROVISIONS PROVIDING
FOR THE LICENSING OF ADULT ENTERTAINMENT
ESTABLISHMENTS; CREATING ZONING AND DISTANCE
RESTRICTIONS FOR ADULT ENTERTAINMENT
ESTABLISHMENTS; CREATING GENERAL
OPERATIONAL RULES FOR ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING FOR ENFORCEMENT OF
ADULT ENTERTAINMENT REGULATIONS; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Manager and City staff have fully studied the City's regulation of
adult entertainment establishments by balancing the rights guaranteed under the First Amendment
of the United States Constitution and the need for adequate supervision and regulation of adult
entertainment establishments in order to protect and preserve the health, safety and welfare of the
patrons of these establishments as well as the citizens of the City of Edgewater;
WHEREAS, there is convincing and documented evidence that adult entertainment
establishments, because oftheir very nature, have a deleterious effect on both the existing businesses
around them and the surrounding residential areas adjacent to them, causing increased crime and the
downgrading of property values;
WHEREAS, it is recognized that adult entertainment establishments, due to their nature,
have serious objectionable operational characteristics, particularly when they are located in proximity
to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent
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2007-0-13
June 21, 2007
area;
WHEREAS, the City Council wants to prevent these adverse effects and thereby protect
the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the
quality of life, preserve the property values and character of surrounding neighborhoods and deter
the spread of urban blight;
WHEREAS, it is not the intent of this Ordinance or its predecessor to suppress any speech
activities protected by the First Amendment, but to enact a content -neutral ordinance that addresses
the secondary effects of adult entertainment establishments as well as the health problems associated
with such businesses;
WHEREAS, the City Council recognizes the findings incorporated in the cases of City of
Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap'sA.M, 529 U.S. 277
(2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc.,
475 U. S. 41 (1986); Arcara v. Cloud Books, Inc., 478 U.S.697 (1986); lacobucci v. City of Newport,
Ay, 479 U.S. 92 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); California v. LaRue,
409 U.S. 109 (1972); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of
Chattanooga, 107 F. 3d. 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F. 2d 1053 (9th Cit.
1986); Hang -On, Inc. v. City of Arlington, 65 F. 3d 1248 (5th Cit. 1995); South Florida Free
Beaches, Inc. v. City of Miami, 734 F. 2d 608(l1th Cit. 1984); and N. W. Enterprises v. City of
Houston, 27 F. Supp. 2d 754 (S. D. Tex 1998); City of Littleton v. ZJ Gifts, LLC, 124 S.Ct. 2219
(U.S. 2004); Fly Fish, Inc. v. City of Cocoa Beach, 337 F. 3d 1301 (11'h Cit. 2003); Peek -a -Boa
Lounge of Bradenton v. Manatee County, Florida, 337 F. 3d 1251 (11" Cit. 2003); Recreational
Developments of Phoenix v. City of Phoenix, NO. 02-16890, 02-16894, 77 Fed.Appx. 983 (9th
Cic(Ariz.) Oct 17, 2003), aft Recreational Developments of Phoenix, Inc. v. City of Phoenix, 220
F.Supp.2d 1054 (D.Ariz. Aug 29, 2002); and
WHEREAS, the City Council deems it is in the best interest of the citizens of the City of
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2007-0-13 2 June 21, 2007
Edgewater to amend the Edgewater Code of Ordinances and Land Development Regulations as more
particularly set forth hereinafter.
NOW, THEREFORE BE IT ENACTED BY THE CITY OF EDGEWATER,
FLORIDA:
PART A: AMENDMENT OF CHAPTER 12, ARTICLE I.
The Edgewater Code of Ordinances, Chapter 12, Article I, titled "In General," is hereby
amended as follows:
Sec. 12-2. Reserved.
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PART B: AMENDMENT OF CHAPTER 12, ARTICLE IV.
The Edgewater Code of Ordinances, Chapter 12, Article IV, titled "Adult Entertainment,"
is hereby amended as follows:
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2007
Sextiai flatme,
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comed.
<cr�
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ARTICLE IV. PROSTITUTION AND FORNICATION
Sec. 12-75. Findings; definitions; live sex act businesses prohibited.
(A)
The City
Council makes the following
findings:
I.
The operation of a business for
purposes
2. The operation of a live sex act business contributes to the spread of sexually
transmitted diseases: and
3. The operation of a live sex act business is inimical to the health, safeTy general
welfare and morals of the inhabitants of the City of Edgewater.
4. Evidence in support ofthese findings may be found in the Sex Clubs, Factual Record,
and the Sexually Oriented Businesses Factual Record Supplement
lBl In this section, unless the context otherwise requires
1. Consideration means the payment of money or the exchange of any item of value for
a. The right to enter the business premises, or anv nortion thereof: or
b. The right to remain on the business premises or any portion thereof or
L. The right to purchase any item permitting the right to enter, or remain on the
business premises, or any portion thereof: or
d. The ripht to a membership permitting the right to enter, or remain on the
business premises, or any portion thereof
2. Live sex act means any act whereby one or more persons engage in alive perfonnance
or live conduct which contains oral sexual contact or sexual intercourse
3. Live sex act business means any business in which one or more persons may view,
or may participate in, a live sex act for a consideration
5. Oral sexual contact means oral contact with the penis vulva or anus
6. Sexual intercourse means penetration into the Denis vulva or anus by any partof the
body or by anv object or manual masturbatory contact with the penis or vulva
(CC) It shall be unlawful for any Person to operate and maintain a live sex act business
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LDl Operation of a live sex act business is a public nuisance per se which may be abated by order
of the code enforcement board or magistrate.
The City Attorney, in the name ofthe City of Edgewater, may apply to the code enforcement
board or magistrate for an order permitting the City to abate violations of this section.
Q After notice to the operator of a live sex act business, the judge shall conduct a hearing and
take evidence as to whether a live sex act business is being operated in violation of this section.
Sees. 12-76—12-85. Reserved.
PART C: AMENDMENT OF LAND DEVELOPMENT REGULATIONS,
ZONING DISTRICT DESCRIPTIONS.
The City of Edgewater Land Development Regulations, Article III, Table III-2, Zoning
District Descriptions, are hereby amended as set forth in Composite Exhibit A.
PART D: AMENDMENT OF LAND DEVELOPMENT REGULATIONS,
PERMITTED, CONDITIONAL AND ACCESSORY USES.
The City of Edgewater Land Development Regulations, Article III, Table III-3, Permitted,
Conditional and Accessory Uses, are hereby amended as set forth in Composite Exhibit A.
PART E: AMENDMENT OF LAND DEVELOPMENT REGULATIONS,
CREATION OF ADULT ENTERTAINMENT REGULATIONS
The City of Edgewater Land Development Regulations, Article XIX, titled "Adult
Entertainment Regulations" is hereby created to read as follows:
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ARTICLE XIX
ADULT ENTERTAINMENT REGULATIONS
SECTION 21-500 - GENERAL PROVISIONS
21-500.01- Definitions
The following words, terms and phrases when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning_
Adult bookstore means:
a. An establishment which, as its principal business pumose, sells or rents adult material or
which offers adult materials for sale or rent as a significant portion of its stock and trade
b. Any establishment in which any one or more of the following five elements occur shall be
presumed to be an adult bookstore/adult video store:
or
2.
3.
4. The floor area used to display adult material comprises more than ten percent of the
floor area used for display of all goods and material at the establishment; or
5.
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C.
Adult material means any one or more of the following regardless of whether it is new or
used:
a.
9
Instruments, novelties devices or paraphernalia which are designed for use in
copnectionwlthspecified sexual activities excluding bona fide birth -control devices
Adult performance establishment
a. Adult -performance establishment means an establishment where any worker
I. Engages in a private performance or displays or exnnses nnv snrr
2.
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3. Offers, solicits or contracts to dance or perform with a customer and accepts
any consideration tip remuneration or compensation from or on behalf of that customer, or
I.
Dances or performs with or within 18 inches of a person other than another
employee and accepts any consideration tip remuneration or compensation from or on behalfof that
rson.
Im
Child Care Facility means that as defined by Sec 402.302(2). Florida Statutes
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and the activity alleged to be commercial physical contact is part of the bona fide practice of the
Profession or business of the person, which overlaps into the field regulated by this Article
a. Persons licensed as a massage therapist or apprentice massage theranist nursuant to
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C. Registered nurses under the laws of the state
d. Barbers or beauticians licensed under the laws of the state
e. Cosmetologists licensed under the laws of the state
f Persons performing services in any hospital narsing home or sanitarium licensed
under the laws of the state.
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h. Physical therapists licensed under the laws of the state
Conviction means a determination of guilt resulting from a plea or trial regardless ofwhether
adiudicatlon was withheld or whether imposition of sentence was suspended
Customer means any person at an establishment excluding an employee or operator, who
does any of the following:
a. hresent at an establishment, regardless of whether that person has actually given
any consideration or spent any money for goods or services, or
a
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a. Act as a companion or date for, or converse with a customer
b. Engage in physical contact with another person,
C. Provide private adult entertainment
d. Display specified anatomical areas strip naked or go topless- or
e. Enene in any specified sexual activity.
Caveat: Nothing in this definition shall be construed to legalize prostitution or other conduct
prohibited by this Article or other law.
Escort service or escort agency means a Person business establishment or place operated
for commercial or pecunlary gam. wkuch does any of the following_
a. Advertises m an escort service or escort agency or otherwise offers or advertises that
it can famish escorts or private dancers: or
b. Offers or actually Provides, arranges dispatches or refers workers to act as an escort
for a customer.
Law enforcement officer means an officer who is on official duty for a law enforcement
agency, mcludme, but not limited to the police department of the City.
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Licensee means any person whose application for an adult entertainment establishment has
been granted and who owns, operates or controls the establishment
Park means a tract of land within a city or unincorporated azea of a county which is kept for
omament or recreation and which is maintained m public property.
Preexisting means as follows:
a.
I_ The establishment, institution or residence is already being lawfully used or
lawfully occupied:
2. A building permit for the establishment, institution or residence has been
lawfully issued, all fees associated with the permit have been paid and the permit has not expired
or
3.
b. When used together with the term "park," the word "preexisting" shall mean:
1. The park is already being used: or
2. The nark site has been approved or otherwise designated by the appropriate
govemm body.
ody.
Pu6Nc nudity means the appearance at an adult entertainment establishment of a specified
anatomical azea as defined herein.
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Religious institution means a premises or site which is used primarily or exclusively for
religious worship and related religious activities
Sexually oriented business means a commercial physical -contact establishment or escort
service, reeardless of whether such business is licensed under this Article
Specified anatomical areas means
organs.
Genitals, Genitalia — organs of the reproductive system, especially the external
Pubic Area - tl) Pubes. the pubic region the anterior region of the innominate
bone covered with oubic hair os pubis t21 Pubic pertaining to the pubes (3)
Pubis, pubic bone, or the innominate bone.
'-Vulva - External female genitalia, including the mons pubis labia maiora and
mmora. clitoris and vestibule of the vagina.
'Anus - Outline of the rectum leadine from the bowel
'Penis - The male organ for urination and copulation a pendulous structure that is
suspended from the front and the sides of the pubic arch
'Scrotum - The external double pouch that contains the testicles.
7Anal - A ring, pertaining to the rectal opening- near the anus
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i. The human male genitals in a discemibly turgid state even if completely and
opaquely covered.
For purposes of this definition, body paint body dyes tattoos liquid latex whether wet or
dried, and dental floss shall not be considered an opaque coverina.
Specified sexual activity means
a. Human genitals in a state of sexual stimulation, arousal erection or tumescence: or
b. Fondling or other erotic touching of human genitals pubic region buttock anus or
female breast:
d. Excretory functions as part of or in connection with any of the activities set forth in
subsections (1).(2) or (3) of this definition
Straddle dance, also known as a lap dance face dance or friction dance means either of the
following acts at an establishment
b. The straddling of the lees of a worker over any Dart of the body of another person at
the establishment, regardless of whether there is a touch or touching,
21-500.02- Authority for Article
21-500.03- Scope of Article
This Article shall be effective throughout the City.
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21-500.04- Purpose of Article.
21-500.05- Findines of fact.
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e. When the activities described in subsections (A), (B) and (C)of this section are present in
establishments, other activities which are illegal unsafe or unhealthful tend to accompany them
concentrate around them and be aggravated by them Such other activities include but are not limited
to, prostitution. pandering, solicitation for prostitution lewd and lascivious behavior exposin
minors to harmful materials. possession distribution and transportation of obscene materials sale
or possession of controlled substances and violent crimes against persons and Property.
f When the activities described in subsections(A)(B) and (C) ofthis section are competitively
exploited in establishments, thev tend to attract an undesirable number of transients bli ht
neighborhoods. adversely affect neighboring businesses lower real -property values promote the
particular crimes described in subsection(F)of this section and ultimately lead residents and
businesses to move to other locations.
9- The establishments in which the activities described in subsections(A) (B) and(C) of this
section occur are often constructed, in part or in whole of substandard materials maintained in a
manner reflecting disreeard for the health and safety of the occupants and have exterior signs or
g
appearance that lower the surroundinproperty values and contribute to urban decline
h. The activities described in subsections(A),(B) and(C)of this section often occur in
establishments concurrent with the sale and consumption of alcoholic beverages which concurrence
leads to a further increase in criminal activity, unsafe activity and disturbances of the peace and order
of the surrounding community and creates additional hazards to the health and safM of customers
and workers and further depreciates the value of adjoining real property, harming the economic
welfare of the surrounding community and adversely affecting the quality of life commerce and
community environment
i. In order to preserve and safe uard the health safety property values and general welfare of
the people. businesses and industries of the C1Ty it is necessary and advisable for the City to regulate
the sale and consumption of alcoholic beverages at establishments where the activities described in
subsections(A),(B) and(C) of this section occur.
j_ Workers at adult entertainment establishments and sexually oriented businesses engage in -
a higher incidence of certain es of unhealthy or criminal behavior than workers of other
establishments. including a very high incidence of illegal prostitution or engaging in lewdness in
violation of F S ch.796, operation without occupational licenses and illegal unlicensed massage
k. Physical contact or touching within establishments at which the activities described in
subsections(A),(B) and (C) of this section occur between workers exhibiting specified anatomical
areas and customers poses a threat to the health of both and promotes the spread of communicable
and social diseases.
1. In order to Preserve and safeguard the health safety and general welfare of the people of the
City, it is necessary and advisable for the City to regulate the conduct of owners manatzers,
operators. agents, workers. entertainers performers and customers at establishments where the
activities described in subsections(A),(B) and(C)of this section occur.
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June 21, 2007
to operate.
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21-500.06- Construction.
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SECTION 21-510- ADMINISTRATION AND ENFORCEMENT
21-510.01- Enforcement.
The provisions of this Article may be enforced by.
a. A suitbroueht bythe City Council in the circuit court to restrain, enjoinororevent aviolation
of this Article:
b. Enforcement proceedines by the Citv's code enforcement board: or
C. Criminal prosecution as provided in the criminal provisions in division 6 of this Article
21-510.02- Resoonsibilities of Departments.
Ultimate responsibility forthe administration of this ATticle is vested inthe City Comcil.The
other departments are responsible for the following_
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21-510.03- Appeals.
21-510.04 Notice.
21-510.05- Immunity from Prosecution
SECTION 21-520- LICENSE
21-520.01- Required.
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21-520.02- Classifications.
A.. Generally. Adult entertainment establishment licenses referred to in this Article shall be
classified as follows:
1. Adult bookstore,
2. Adult theater:
3. Adult -performance establishment:
4. Commercial physical -contact parlor or
5. Escort service.
b. Single classification of license An adult entertainment license for a particular adult
entertainment establishment shall be limited to one classification of license
21-520.03- Application: fee: consent by applicant
b. Contents ofaonlication The completed application shall contain the following information
and shall be accompamed by the following documents
1_ If the applicant is�
i_ An individt
pr
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June 21, 2007
2.
3.
4.
5.
6.
7.
8.
The single classification of license for which the applicant is filing-
a. All prooertv lines. rights-of-wav and the location of buildings owkin areas
and spaces. curb cuts and driveways
C.
All proposed imrorovements or enlargements to be made which shall be
indicated and calculated in terms of roercenta a of increase in floor size -
9. A notarized statement that the owner of the real property has approved of the
proposed adult entertainment use, if the applicant is not the title owner
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21-520.04- Processing of Application: Investigation• Findings
21-520.05- Grant: Denial: Rejection.
2. The applicant has failed to comply with theFS ch. 607 regarding corporations F.S.
ch. 620 regarding partnerships or F S & 865 09 regarding fictitious names-
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5. An applicant is under the age of eighteen (18) vews;
6. The license fee required under this ordinance has not been raid; or
7. The premises to be used for the adult entertainment establishmen
21-520.06- Term: Renewal- Expiration; Cancellation; Reports- Consent
a.
C. Renewals A license issued under this Article shall be subject to annual renewal upon the
written application to the Development Services Department Subject to other provisions of this
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Article, a licensee under this Article shall he entitled to a renewal of his or her anneal lirenae frnm
year to year, as a matter of course. by October I by presenting the license for the previous Year,
restating and updating all information required for a license application and by paying the applicable
license fee unless the licensee has committed any act during the existence of the previous license
which would serve m grounds for the denial of the initial license application as set forth in Section
21-520.05 Non -renewal
of a license shall be subject to the appeal provision of Section 21-510 03
and judicial review as set torth in Section 21-520 11
C. Cancellation. All expired licenses not renewed byNovember30shall besummarily emceled
by the Development Services Department
21-520.07- Annual fee.
A, Lew. The following annual license fees are hereby levied under this Article for an adult
entertainment establishment
1. Adult bookstore: $750 00
2. Adult theater, as follows:
Having adult booths: $35 00 for each booth
ii. Having a hall or auditorium $3 50 for each seat
iii. Having an outdoor area designed to permit viewing by customers seated in
vehicles: $3 50 for each narking space
iv.
i31 Adult motel: $750.00
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fA) Adult -performance establishment $750 00
iD Commercial physical -contact parlor $750 00
ffi Escort service $750 00
21-520.08- Transfer.
a.
1. Application is made to the Development Services Department for a license transfer
setting forth the information called for under Section 21-520 03
2. Satisfactory proof is Provided that control of the establishment has been or will be
transferred through a bona fide sale lease rental or other transaction
3. A transfer fee of ten Dercent of the annual license fee is paid and
4. A transferred license has been issued by the Development Services Department
L. No transfer to a different location A licensee shall not transfer his or her license to another
location.
d. Attempted improper transfer void Any attempted transfer of a license either directly or
indirectly, in violation of this Section is herebv declared void
21-520.09- Changing name of establishment
No licensee may change the name of an adult entertainment establishment unless and until
the licensee satisfies each of the following requirements
a. Thirty days notice in writing to the Development Services Department of the proposed name
change:
b. Payment to the Development Services Department of a $10.00 change of name fee, and
C. Compliance with F S 6 865 09, regarding fictitious names
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21-520.10- Suspension and revocation.
a. Generally.
2.
3.
b. Revocation.
1.
revocation.
2.
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the Development Services Department's ruling to the City Council until the day following the
decision of the Council.
d. Suspension and revocation proceedings
2.
Hearing on suspension or revocation
i. When a licensee files a written response and notice of intent to challenge a
pending or existing suspension or revocation, then a public hearing to
determine if the pending suspension or revocation will become effective and
final shall be held by the Citv Council The Development Services
Department shall notify the City Attorney and any appropriate City staff who
shall schedule and provide notice of the hearing_
ii. The suspension or revocation hearing should be held within twenty-one (21)
calendar days of a written challenge and request for a hearing or as soon
thereafter as can reasonably be scheduled. but no sooner than after seven (7)
days' notice mailed to the licensee and posting to the public at a place for
notices in public building and shall be quasi-iudicial in nature
iii. The participants before the City Council shall be the licensee any witnesses
of the licensee. City staff. any interested members of the public and any
witnesses of the interested members of the Dublic. Anv interested member of
the public who participates at the hearing shall provide a mailing address to
the City Council
iv. The licensee and any witnesses of the licensee shall be limited to a total of 30
minutes to present the licensee's case City staff shall be similarly limited to
a total of 30 minutes Interested members of the public and their witnesses
shall be limited to ten minutes For good cause shown the City Council may
grant additional time to each side or the public
v. Testimony and evidence may be submitted by any witness but shall be limited
to matters directly relatine to the erounds for suspension or revocation
Irrelevant, immaterial or unduly repetitious testimony or evidence may be
excluded.
vi. All testimony shall be under oath The City Council shall decide all questions
of procedure and standing The order of presentation of testimony and
evidence shall be as follows;
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a. The licensee and any witnesses of the licensee.
b. Interested members of the public and their witnesses, if any.
C. City staff and any witnesses.
d. Rebuttal witnesses from the licensee.
e. Rebuttal witnesses from City staff.
f. Summation by the licensee
g Summation by City staff.
vii. The City Council may also call and question witnesses or request additional
evidence as the City Council deems necessary and appropriate
viii. To the maximum extent practicable, the hearing shall be informal
Reasonable cross-examination of witnesses shall be permitted but
questioning shall be confined as closely as possible to the scope of direct
testimony.
ix. If the City Council comes to believe that anv facts, claims or allegations
necessitate additional review or response by either the licensee or staff, then
the City Council may order the hearing continued until an announced date
x. The City Council shall render a written decision determinina whether the
suspension or revocation will become or remain effective within ten(l0) days
after the conclusion of the suspension or revocation hearing,
3.
4.
21-520.11- Judicial Review
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SECTION 21-530- ZONING AND DISTANCE RESTRICTIONS
21-530.01- Prohibited locations.
21-530.02- Measurement of Distance.
21-530.03- Nonconformine Uses.
(A) An adult entertainment establishment which. on Aoril 1, 2007, was located on a site
which is prohibited by this Section, shall cease operations by October 1, 2020
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21-530.04- Variances.
SECTION 540- GENERAL OPERATIONAL RULES
21-540.01- General Reouirements for All Adult Entertainment Establishments.
Each adult entertainment establishment is subject to all of the following general requirements
and shall:
W Conform to all applicable building, fire, health, zoning and land use statutes, codes
ordinances and regulations, whether federal, state or local
(B) Clearly indicate that all patrons of the establishment must enter and leave the
establishment only through the front door. All other exits will be used only in the event of
an emergency.
Keep the adult entertainment license posted in a conspicuous place at the
establishment available for inspection by the public at all times
Cover opauueI each window or other opening through which a person outside the
establishment may otherwise see inside the establishment
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2007-0-13 33 June 21, 2007
(I) Install a minimum of four 175-watt mercury-vapor or sodium lighting fixtures for the
rear parking lot and any adjacent motel area
(3) Install, constmct.keep, maintain or allow only those sign s at the establishment which
comply with the City sign ordinances and the provisions of this subsection
(K) Each entrance and exit shall remain unlocked when any customer is inside
21-540.02- Adult Theaters.
In addition to the general requirements for an adult entertainment establishment contained
above an adult theater shall comply with the following special requirements:
W If an adult theater contains a hall or auditorium area, the area shall have,
W Individual separate seats, not couches, benches or the like to
accommodate the number of persons allowed to occupy the area
Q A continuous main aisle alongside the seating areas in order that each
person seated in the areas shall be visible from the aisle at all times,
W A Bien posted in a conspicuous place at or near each entrance to the
hall or auditorium area which lists the maximum number of persons who may
occupy the hall or auditorium area, which number shall not exceed the
number of seats within the hall or auditorium area: and
W Sufficient illumination so that persons in all areas of the auditorium
can be seen.
JM If an adult theater contains adult booths, each adult booth shall have-
W A sign posted in a conspicuous place at or near the entrance which
states the maximum number of persons allowed to occupy the booth which
number shall correlate with the number of seats in the booth-
0 A permanently open entrance not less than 32 inches wide and not
less than six feet hieh, which entrance shall not have any curtain rods hinge
rails or the like which would allow the entrance to be closed or partially
closed by a curtain, door or other partition
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2007-0-13 34 June 21, 2007
W Individual. separate seats, not couches, benches or the like which
correlate with the maximum number of persons who may occupy the booth
W Awell-illuminated continuous main aisle alongside the booth in order
that each Person situated in the booth shall be visible from the aisle at all
fimes
(Q Excent for the entrance. walls or partitions of solid construction
without any holes or openings in such walls or partitions, and
LO Illumination by a ligbtbulb of no less than 25 watts
21-540.03- Adult -performance Establishments
In addition to the general requirements for an adult entertainment establishment contained
above, an adult -Performance establishment shall comply with the following special reguirements-
(M Any area in which a private performance occurs shall
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2007-0-13 35
June 21, 2007
21-540.04- Adult Bookstores.
21-540.05- Commercial Physical -Contact Parlors.
In addition to the general requirements for an adult entertainment establishment contained
above a commercial ohvsical-contact parlor shall comply with the following special requirements'
(A) Operate only from a fixed physical commercial location at which are
displayed its adult entertainment license and all other required occupational licenses
Ill Provide closed cabinets for the storage of clean linen- towels and other
materials used in connection with administering commercial physical contact
fM Disinfect and sterilize all nondisposable instruments and materials after use
on each customer.
(F)
LGJ Not permit- suffer or allow any animal except a seeing -eye guide doe to be
on the premises of the commercial Physical -contact oarlor.
CM If male and female customers are to be served simultaneously, provide two
(1)
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2007-0-13 36 June 21, 2007
21-540.06- Escort Services.
In addition to the general requirements for an adult entertainment establishment contained
above an escort service shall comply with the following special requirements:
21-540.07- Records and Inspection of Records
SECTION 21-550- ENFORCEMENT AND CRIMINAL PROVISIONS
21-550.01- Penalty for Violation of Article
Whoever violates any section of this division may be punished as provided in the City's Code
of Ordinances or F.S. ch. 162.
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2007-0-13 37 June 21, 2007
21-550.02- Operation without valid adult entertainment license
It shall be unlawful for any person to bean operator of an adult entertainment establishment
when:
(A) The establishment does not have a valid adult entertainment license for each
applicable classification:
Bf� The license of the establishment is under suspension;
The license of the establishment has been revoked or canceled, or
(lD) The establishment has a license which has expired
21-550.03- Working at Unlicensed Establishment
21-550.04- Operation Contrary to Certain Provisions
It shall be unlawful for any person to be an operator of an adult entertainment establishment
iAJ Which does not satisfy all of the general requirements of subsection 21-
540.01(C). (D) or (E):
(� Which is an adult theater and does not satisfy all of the special requirements
of Section 21-540.02:
(� Which is anadult-performance establishment and does not satisfy all of the
special requirements of Section 21-540 03
(� Which is art adult bookstore that does not satisfy all of the special
requirements of Section 21-540 03-
(El Which is a commercial physical -contact establishment that does not satisfy
all of the special requirements of Section 21-540 05,
IFl Which is an escort service that does not satisfy all of the special requirements
of Section 21-540.06: or
(G� While the entrance or exit of the establishment is locked when a customer is
inside the establishment.
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2007-0-13 38
June 21, 2007
21-550.05- Prohibited Acts.
(A) Engage in a straddle dance with a person at the establishment:
(B) Offer, contract or otherwise agree to engage in a straddle dance with a person
at the establishment:
(Q Engage in any specified sexual activity at the establishment:
(DW Engage in public nudity as defined in Section 21-50001 atthe establishment
Q Display or expose at the establishment specified anatomical areas while such
worker is not continuously positioned at least 18 inches away from all other
Persons or while such worker is not in an area as described in subsection 21-
540.03(A).
M Display or expose specified anatomical areas at an establishment where
alcoholic beverages are sold, offered for sale or consumed
(G) Display or expose any specified anatomical area while simulating any
specified sexual activity with any other person at the establishment
1M _Engage in a private performance unless such worker is in an area which
complies with the requirements of subsection 21-540 03(1) and (2)'
(11 Intentionally touch any person at the adult entertainment establishment while
engaged in the display or exposure of any specified anatomical area or
M Intentionally touch the clothed or unclothed body of any person at the adult
entertainment establishment at any point below the waist and above the knee
of the person, or to intentionally touch the clothed or unclothed breast of any
female person.
21-550.06- Touching of Workers Prohibited
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1007-O-13 39 June 21, 2007
21-550.07- Advertising Prohibited Activity.
21-550.08- Minors Prohibited.
It shall be unlawful for an operator or worker of an adult entertainment establishment to
knowingly, or with reason to know, hermit suffer or allow a person under 18 Years of age to -
Enter or remain in the establishment
Purchase goods or services at the establishment or
(Q Work or perform at the establishment as a worker.
21-550.09- Failure to Maintain Required Records and Licenses
21-550.10- Exceeding Occupancy Limit of Adult Booth
It shall be unlawful for any person to occupy an adult booth in which there are more people
than are specified on the posted sign required by Section 21 540 02
21-550.11- Hours of Operation
It shall be unlawful between the hours of 2M a.m. and 9.00 a.m. of any day for:
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2007-0-13 40
June 21, 2007
Aworker ofan adult entertainment establishment to engage in a performance
solicit a performance, make a sale, solicit a sale provide a service or solicit a service
21-550.12- Alteration of License.
It shall be unlawful for anv person except the occupational licensing department to alter or
otherwise change the contents or appearance of an adult entertainment license
21-550.13- False or Misleading Statement in Required Documents
21-550.14- Solicitation or Personal Advertising
21-550.15- Allowing Customers to Engage in Specified Sexual Activity.
21-550.16- Prohibited Acts by Customers at Adult Entertainment Establishments
It shall be unlawful for my -customer of an adult entertainment establishment (commercial
physical -contact parlor or escort service) to do any of the following acts or for a worker or operator
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2007-0-13 41 June 21. 2007
of a adult entertainment establishment to knowingly suffer, permit aid assist or allow a customer
to do any of the following acts:
W Touch, massage or manipulate, directly or indirectly, the body of any worker
of the adult entertainment establishment:
(W Touch, massage, manipulate, display or expose any of the customer's own
specified anatomical areas: or
f �i Engage in any specified sexual activity while in the presence of a worker of
the adult entertaimnent establishment
21-550.17- Prohibited Acts by Commercial Physical -Contact Parlor Workers
LA-) Fail to, while engaged in providing commercial physical contact wemaclean
outer garment in the nature of a surgical gown,
i) Display or expose specified anatomical areas to a customer at a commercial
Physical -contact parlor:
WD Perform commercialohvsicalcontact onacustomer while not onthe premises
of a commercial physical -contact parlor licensed under this aArticle-
M) Enme in, or offer to engage in any escort services in relation to the
commercial physical -contact parlor,
Solicit or require a customer to remove any item of clothing as a prerequisite
to providme commercial physical contact or
LG) Solicit a do or gratuity in exchange for a promise or suggestion of any act or
enhanced sernce.
21-550.18- Prohibited Acts by Escort -Service Workers
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2007-0-13 42 June 21, 2007
fti Providing the time of arrival and the estimated time of departure:
(2) Presenting a copy of the escort service's adult entertainment license
and the escort's occupational license: and
(D Identifying himself or herself, identifying the escort service that sent
him or her, stating the name of the customer he or she is meeting or servicing
and the location of the meeting including any applicable room number and
notifying the front -desk or reception -area personnel upon departing the
premises.
u Beginning a meetine or service with a customer between 10:00 P. M. any day
of the week and 9M a.m. of the following day.
M Displaying or exposing specified anatomical areas to a customer of an escort
service.
Requiring, enticing or soliciting a customer to remove any item of clothing
to Soliciting a tip or gratuity from a customer in exchange for a promise or
suggestion of anv act or enhanced service
21-550.19- Enforcement of Article by Injunction
A person who operates or causes to be operated an adult entertainment establishment without
a valid license, or in violation of this Article is subiect to a suit for iniunction
SECTION 21-560-RESERVED
SECTION 21-570-RESERVED
SECTION 21-580-RESERVED
SECTION 21-590-RESERVED
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2007-0-13 43 June 21, 2007
PART F. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART G. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competentjurisdiction, such holding shall not affect the remaining
portions of this ordinance. Ifthis ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances by a court of competentjurisdiction, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART H. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART I. ADOPTION.
After Motion to approve by Councilman Vincenzi and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on July 30, 2007 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
X
X
Councilwoman Harriet B. Rhodes ABSENT
Councilwoman Judy Lichter X
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2007-0-13 44 June 21, 2007
n
Fi
After Motion to approve by Councilwoman Rhodes and Second by
Councilwoman Lichter , the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers _ Absent
Councilman Dennis Vincenzi _ Absent
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 20th day of August, 2007.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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2007-0-13
CITY COUNCIL O THE
�I ED E R, DA
B:
� VMike s
ayoorr � �
C� kit /7 7f�T_J
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of August, 2007 under Agenda Item No. 7g,
45 June 21, 2007
EXHIBIT "A"
TABLE III-2
Zt1NINf_ nIQT12TVT ncc
Zoning District Title
Categog
Pu ose and General Description
Conservation
CN
Protection of wetlands, aquifer recharge & environmentally sensitive
areas.
Rural Transitional
RT
Provide for limited agriculture and provide for a transition between rural
and residential land uses -min. I acre lot.
SF Residential
R-I
Single family residential - (L0 to 4.0 mits/net acre) min. 12,000 sq. ft, lot.
SF Residential
R-2
Single family residential-Tu to 4.0 uniWnet acre) min. 10,000 sq. ft. lot
SF Residential
MF Residential
R-3
Single family residential - (1.0 to 4.0 units/net acre) min. 8,625 lot.
R-3, R-4
Medium density residential (4.1 to 8.0 units/net acre) - single family,
duplex, apartments, and townhouses.
MF Residential
R-5
High density residential (8.1 to 12.0 units/net acre)-- single family,
duplex, apartments, and townhouses.
Recreation
R
This zoning category includes parks and recreation facilities owned by
the City, as well as recreation facilities located at area schools that are
under lease to the City. This category includes land committed to both
active and sive recreational uses.
Residential Planned Unit
RPUD
Intended for mixed residential, personal service and limited retail
Development
commercial with a single development plan-15 acre min. size parcel -
Sea Article V, Section 21-58 for details.
Residential Professional
RP
Intended for office professional along SRN442 and a rezoning must be
Office
accom anied b a site Ian.
Mobile Home Park
MH-I
Medium density residential (5.1 to 8.0 units/acre). Provide for mobile
home parks - min. 5 acre parcel (See Sec. 21-71 for Non -Conforming
Parks).
Manufactured Home
MH-2
Medium density residential (5.1 to 8.0 units/acre). Provide for
Subdivision
manufactured home subdivisions - min. 50 acre
Neighborhood Business
B-2
parcel.
Intended for retail goods and services for frequent residential needs -
min. 10,000 s . ft.
Public/Semi-Public
P/SP
Consists of public facilities and private not -for -profit uses such as
churches, schools, and cemeteries. All other public lands and facilities,
including but not limited to, government offices, post offices, hospitals,
utility sub -stations, water and wastewater treatment plants, fire stations,
and libraries are also included in this category
Highway Business
B-3
Intended for high volume highway related commercial uses - no min.
arcel size.
Tourist Commercial
B-4
Intended for short term waterfront accommodations for visitors and
Business Planned Unit
BPUD
accesso uses, may include residential mixed use- min. 2 acres.
Intended for mixed commercial and limited multifamily residential
Development
with a
single development plan -15 acre min. parcel - Details in
Article V, Section 21-58.
Light Industrial
1-1
Intended for storage, light manufacturing, wholesaling and distribution
uses and adult entertainment - no min. parcel size.
Hea Industrial
Industrial Planned Unit
1-2
IPUD
Intended for hca manufacturin uses - no min. arcel.
Intended for mixed industrial and limited commercial with a single
Development
development plan -15-acre min. parcel size - Details in Article V,
Section 21-58.
Agriculture
AG
Intended for general agriculture uses - min. 2.5-acre parcel -temporary
Employment
or hold zonin intended for future urban development
EC/CC
Intended to al low a mix of uses to strusty varying degrees of intensity
Center/CommunityCenter
and balance the residential and non-residential needs of the Ci
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EXHIBIT "A"
TABLE III-3 FOOTNOTES
The sections cited below identify special requirements for the listed land uses and are
found on the following pages. In addition, many of the proposed projects must also
comply with the requirements of Article IV — Natural Resource Protection, Article V —
Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard —
S.R. 442 Corridor Design Regulations.
I. See Satellite Dishes, Section 21-36.04 — Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the
site development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21-34.12 for details.
4. See Kennels/Boarding Section 21-34.09 for details.
5. See Mini -Warehouses, Section 21-34.11 for details.
6. See Nursing Homes, Section 21-34,13 for details.
7. See Outdoor Storage, Section 21-34.04 and 21-35.01 and 21-36.03 for details.
8. See Community Residential Homes, Section 21-34.02 for details.
9. Limited to 6, or less, residents and no closer than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21-34.03 for details.
11. Multifamily residential is permitted in BPUD only as part of a single
business/residential development plan — See Article V, Section 21-58 for
details.
12. See Salvage Yards, Section 21-34.07 for details.
13. Residential Professional offices may be permitted as a conditional use in the
R-2 district for certain properties abutting State Road 4442. See Section 21-
34.14 for details.
EXHIBIT "A"
14. No artificial lights or recreational activity within 25 feet of the perimeter of
the property line shall be permitted adjacent to residential property.
15. Places of Worship — Schools/Child Care, see Section 21-36.05 for details.
16. Attached and detached aircraft hangars permitted in residential districts
adjacent to airport taxiways.
17. Outside application of flammable finishes and/or environmentally sensitive
finishes (spray painting) is strictly prohibited.
18. State license required.
19. Mining/Excavation is defined as the exploration for or extraction of surface or
subterranean compounds; which shall include oil and gas exploration and
production, and the mining of metallic and non-metallic minerals, sand,
gravel, fill dirt, and rock.
20 Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district
with the exception of properties with frontage on Park Avenue