06-27-2007
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CITY OF EDGEWATER
Planning and Zoning Board
Wednesday, June 27, 2007
6:30 p.m.
Edgewater Community Center
102 N. Riverside Drive
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
May 9, 2007
4. OLD BUSINESS- PUBLIC HEARING
a. T A-070 1 - City of Edgewater requesting an amendment to the Land Development Code by
including Article XIX (Adult Entertainment Regulations).
Q
5. NEW BUSINESS- PUBLIC HEARING
a. CU-0703 - Dave Meilahn (Karavan Trailers), requesting a Conditional Use Permit to allow for a
distribution center to be located on 6.32::1: acres of land located west of US Highway 1 and south
of Relocation Road.
b. SP-0709 - Dave Meilahn (Karavan Trailers), requesting site plan approval for a 44,800::1: square
foot building located on 6.32::1: acres of land located west of US Highway 1 south of Relocation
Road.
6. OTHER BUSINESS
7. DISCUSSION ITEMS
a. Development Services Director's Report
b. Chairman's Report
c. Agency Member's Report
8. ADJOURNMENT
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter considered at
a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of
the proceeding is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2407,
5 days prior to the meeting date. Jfyou are hearing impaired or voice impaired, contact the relay operator at 1-800-955-
8771.
u
Citizen comments are to be limited to five (5) minutes
CITY OF EDGEW A TER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # TA-0701
OWNER: City of Edgewater
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Send a favorable recommendation to City Council for the proposed
text amendments to the Land Development Code.
Background
On September 25, 2000, City Council adopted Ordinance No. 2000-0-22 to include criteria for
Adult Entertainment establishments within the Code of Ordinances as Article IV. City Council
has subsequently directed staff to update the Ordinance and include it in the Land Development
Code.
Attached is the proposed Article XIX (Adult Entertainment Regulations) of the Land
Development Code, which has been developed to replace Article IV of the Code of Ordinances.
Revisions include but are not limited to, permitted uses, licensing requirements, enforcement,
etc.
Other Matters
There shall be two (2) public hearings at City Council on the proposed amendment.
ST AFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for the amendment to
the Land Development Code by including Article XIX (Adult Entertainment Regulations).
MOTION
Motion to send a favorable recommendation to City Council for the amendment to the Land
Development Code by including Article XIX (Adult Entertainment Regulations).
TA-0701 - Article XIX
Created by bwenzel
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, ARTICLES I
AND IV OF THE EDGEW A TER 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 (1-1) LIGHT INDUSTRIAL
DISTRICT; CREATING DEFINITIONS; EST ABLISHING
FINDINGS OF FACT; CREATING PROVISIONS PROVIDING
FOR THE LICENSING OF ADULT ENTERTAINMENT
ESTABLISHMENTS; CREATING ZONING AND DISTANCE
RESTRICTIONS FOR ADUL T 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;
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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 oflife in the adjacent
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's A.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); Iacobucciv. City of Newport,
Ky, 479 U.S. 92 (1986); Youngv. 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 Cir.
1986); Hang-On, Inc. v. City of Arlington, 65 F. 3d 1248 (5th Cir. 1995); South Florida Free
Beaches, Inc. v. City of Miami, 734 F. 2d 608(11th Cir. 1984); and N. W Enterprises v. City of
Houston, 27 F. Supp. 2d 754 (S. D. Tex 1998); City of Littleton v. z'J. Gifts, LLC, 124 S.Ct. 2219
(U.S. 2004); Fly Fish, Inc. v. City of Cocoa Beach, 337 F. 3d 1301 (11 th Cir. 2003); Peek-a-Boo
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Lounge of Bradenton v. Manatee County, Florida, 337 F. 3d 1251 (11 th Cir. 2003); Recreational
Developments of Phoenix v. City of Phoenix, NO. 02-16890, 02-16894, 77 Fed.Appx. 983 (9th
Cir.(Ariz.) Oct 17,2003), affg 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
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:
See. 12-2.
Display of genitals, '" omen' s blC~asts, plohibited at eel tain e.ommel cial
es tablishI1len ts.
(a) It shall be; unlawful fuI any pe;Isons maintaining, owning 01 opeIating a commeIcial
establishmcnt located within the city at which alcoholic be;vcIagcs ale. offeIcd for sale ful
consumption on the ple.miscs.
(1) To SUfi'e.I 01 pe.lluit any fe.male pe;u;on, while on thc plemisGs of said commeIcial
e.stablishmcnt, to expose- to public vie.w that Mca of the human female bleast at or
below the. areola tllGleof.
(3) To SUffi:.I 01 pelmit any pe-Ison, while on thc, pIcmise.s of said commcIcial
e.stablishmmt, to expose. to public v iGW his 01 heI genitals, pubic ale.a, buttocks, anus
or anal de.ft 01 deavage..
(b) It shall bG unlawful WI any female peIson, while on the pIemises of a comme-Icial
establishmcnt located within the- city at which alcoholic bc,veIages aIC offeIed foI sale fOI
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consumption on the premises, to cxpose to public view that Mea of the human female breast at 01
below thG Meola thereof, or to employ any dGvicc or coveling which is intended to give the
appGalanCG 01 simulate SUGh Meas ofthG fGmale. breasts as dGscribGd helein.
(G) It shall bG unlawful for any pGISOn, while. on thG pIGmises of a commGleial
GstablishmwtlocatGd within thG City ofEdgGwatcl, florida, at which alcoholic bevGlagGS MGoffc.led
foI sale. for consumption on thG prGmisGs, to expOSG to public viGW his 01 heI gGnitals, pubic alGa,
buttocks, anus 01 Mlal clGft 01 clGavagG, or to cmploy any dGvice or covGting which is intGnded to
gi vG thG appCManGG of or simulatG thG gGnitals, pubic area, buttocks, anus or anal clGft 01 cleavage.
(Ord. No. 79~O-15), S 1,6-25-79)
Sec. 12-2. Reserved.
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:
ARTICLE IV. ADULT ENTERT AIN~fENT
Sec. 12-75. Legislatin fmdings, intent and pal pose.
(a) The City ofEdgewat"l hGlcby finds the following.
(1) Physical conta"t of a sGxual natule often occurs bctwcGn pG1S0nS pGrfolming at adult
uses within thG city and patrons and OthGI GntGrtainers at such businGssGs, and such
contact bGt w cen patr ons MId otheI Gnt"rtainG1S commonly OCCUlS in connection with
ille.gal, obscenG, lewd, or lasci v ious acts,
(2) Such contad pOSGS a Iisk to public hGalth by Gnabling thG transmission of disease,
and it is thG intent of the eity to plGvGnt ille.gal, obscGnG, le.wd, and lasci v ious conduGt
and to prGvGnt the transmission of disGasG within adult USGS within thG city,
(3) ThG pIGvGntion of sexual contact bctweGn patlons and GntGrtainGIS at adult USGS is
umdatGd to th" supprGssion of ficG GxpIGssion but SGl vGS to addless thG concerns
raised in the findings 11Gl cin,
(4) ThG conCGIns raised (i.G., Gliminal activity and/or transmission of discasG) in the
findings hGrcin do not arisG in the contcxt of mOIG tladitional art fOlms and fOlUms
such as performing art CGuteIs MId museums,
(5) NUmGI0US 6theI jurisdictions havG sought to combat the advclsc secondary Gffc.cts
of physical contact of a SGxual naturG in adult uses through oIdinaneGs plohibiting
contad betwcGn Gntertainers and patrons and other cutGltainGIs, but havG found such
ordinances difficult, if not impossible. to GnforcG absGnt a provision Iequiring a
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distance separation between entertainels and patlons arId othel entertainGls, and
(6) Numelous courts have consistently held that municipal and county oldinances that
lequile a mandatory distance of at least six (6) fcd bctween adult entertainels and
othel enteltainels and othel entertainels and patlons of adult uses ate constitutional.
(b) The City of Edgewatel hClcby asserts that the following pm poses of the adult use
entertainel distance sep.n ation I equi! ements set forth hel Gin ar e matter 15 of legitimate, substantial and
compdling gOvelnnlental intelests.
(1) To plotect adult entertainels from expostlIe to diseases transmitted by physical
contact of a sexual natule,
(2) To plOtcct adult use patrons flom expOSUle to diseases tlansmitted by physical
comaGt of a sexual natule,
(3) To plOtCGt the public fiom expostlIe to diseasG transmitted by physiGal contact of a
sGxual natul G,
(4) To IcduGe the amoul1t of clinlinal activity ocCtlIIing in adult uses, i.e., plostitution
and lewd and lascivious acts.
(Old. No. 2000-0-22, rt. A, 9-25-00)
Sec.. 12-76 Definitions.
F 01 pUl poses of this mide, the folIo wing w 01 ds, telms and phrases, as uscd hel Gin, shall ha v e
the meanings asclibed to them, unless the context dearly indiGates othel wise,
Adutt uJe. All adult use indudcs and is defined as follows.
(1) Adutt ellfeltaillmellf estabHshme,tt. Any Plcmises on which is offeled to membcIs
of the public 01 any pelson fol a considelation, cntertainment that has as its plimary
01 dominant theme, subjcct mattel depicting, desGlibing 01 Idating to specified
sexual acti vities 01 speGified anatomical meas, as defined in this seGtion.
"entGrtainm.c.nt" as us cd in this dGfinition shall include, but not bG limited to. books,
maga2ines, films, nGWspapGIS, photogIaphs, paintings, dlawings, sketches 01 othGI
publiGations 01 gIaphiG nlGdia, filmed 01 live plays, dancGs 01 OthCI pelfolmances,
GithGI by single indi v iduals 01 gtotlps.
(2) Adult fheafe,. An cndosed building 01 an Gndosed space within a building used fol
plGsenting Githel filmed 01 livG plays, dances 01 othGI pClfulmances, eithel by
indi v iduals 01 gt oups, that ha v e as theil primary 01 dominant theme, subject mattel
depicting, desclibing, 01 I dating to speGified sexual aeti v itics 01 specified anatomieal
areas, as defined in this section, fol obsel vation by patrons thclGin.
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(3) Live modeloSludiv. Any plemises whele thele is Plovided fOI m,mbels of the public
01 fO! any pelson, fO! a considelation, live human models, whetllcl mak 01 fGmak,
displ.:rying spec.ified anatomical meas 01 feattlIing 01 in any way ineluding, specified
sexual acti v itics.
Entel taint;/. Onc who pi 0 v ides entertainment O! plO v ides a pel f"lmance 01 sho w, ineluding,
but not limited to, pelsons who pelfulm sexually oriented dancc pelfoIlllances.
.r't~/i)O/L Includes, but is not limited t", any individual, film, partnelship, joint ventulc,
syndicate 01 othel group, 01 combination acting as a unit, association, eO!p01ation, estate, tIust,
business tltlst, tIustee, execnt"l, administIatO!, leceivel, 01 othel fiduciary, and shall includc the
plmal as well as the singular.
['Jimmy 01 dominant theme. Main 01 gOveming chmacteIistic, 01 filst in degIee 01
importance.
Spe(.ified wtuto/u;a4l a/ euoS.
(1) Less than compktdy and opaqudy cOveled.
a. Human genitals 01 pubic legion,
b. Duttocks,
c. l'cmak blcasts below a point immediately above the top of the meola.
(2) HumID mak genitals in a discelllibly ttugid state, evcn if compktely and opaquely
cOveled.
SpeGified sexual acti v;ties.
(1) Human genitals in a state of sexual stimulation 01 ar ousal.
(2) Acts of cunnilingus, fdlatien, masttubation, sexual intelceulse, sodomy, whethcI
actual 01 stimulated.
(3) Pondling 01 ethel elotic touching ofhnman genitals, pubic I "gien, buttocks 01 kmak
bl casts.
(Old. No. 2000-0-22, rt. A, 9-25-00)
Sec. 12-77 Plohibited adilities.
(a) No pel son within an adult use shall, within six (6) feet ofanothcl pelson, display 01
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c,xposc, any spc,cific,d anatomical atca 01 c,ngagc in any specified scxual activity, provided, however,
that this pr 0 v ision shall not apply to pi c, vent.
(1) Adult use employees or entertainers at an adult use from using dic,ssing room
facilities that ate not accessible or vicwable by patrons or the public and 50 long as
such use docs not include thc intentional touching of the specificd atlatomical ateas
of anothc,r person or such persons engaging in at)y spc,cified sexual acti v ity, 01
(2) Any pcrson flom using bathtoom facilities within atl adult usc so long as such use
doe.s not include. the. intcntional touching of the. spccified anatomical at cas of another
pelson 01 such persons wgaging in any specifi.c,d sexual activity.
(b) No pcrson who owns or operates an adult use shaH knowingly, 01 with rc,aSOll to
know, pc,rmit, suffer 01 allow any violation of subsection (a) above.
Old. No. 2000-0-22, rt. A, 9-25-00)
Se(. 12- 78. Penaltie:5.
Any person who intentionally engages in conduct in violation of this OIdinal}"e shall be
subjec.t to the provisions and penalties set forth in scction 1-8 (General penalty, continuing
violations) of this Code, for each such violation.
(Old. No. 2000-0-22, rt. A, 9-25-00)
Sets. 12-79 12-85. Resened.
ARTICLE IV. PROSTITUTION AND FORNICATION
Sec. 12-75. Findin2S: defmitions: live sex act businesses prohibited.
fA} The City Council makes the following findings:
1... The operation of a business for purposes of providing the opportunity to engage in.
or the opportunity to view. live sex acts is declared to be a disorderly house and a public
nuisance per se which should be prohibited: and
2. The operation of a live sex act business contributes to the spread of sexually
transmitted diseases: and
J... 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.
.an In this section. unless the context otherwise requires:
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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 any portion thereof: or
b. The right to remain on the business premises. or any portion thereof: or
c. The right to purchase any item permitting the right to enter. or remain on. the
business premises. or any portion thereof: or
d. The right 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 a live performance
or live conduct which contains oral sexual contact or sexual intercourse.
J..:. 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.
4. Operate and maintain means to organize. design. perpetuate or control. Operate and
maintain includes providing financial support by paying utilities. rent. maintenance costs or
advertising costs. supervising activities or work schedules. and directing or furthering the
aims of the enterprise.
~ Oral sexual contact means oral contact with the penis. vulva or anus.
6. Sexual intercourse means penetration into the penis. vulva or anus by any part of the
body or by any object or manual masturbatory contact with the penis or vulva.
{Q It shall be unlawful for any person to operate and maintain a live sex act business.
{ill 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.
lID The City Attorney. in the name of the City of Edge water. may apply to the code enforcement
board or magistrate for an order permitting the City to abate violations of this section.
ill 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.
{ill If. at the conclusion ofthe hearing. the judge determines that a live sex act business is being
operated in the City of Edgewater in violation of this section. an order shall be entered authorizing
the City to abate the violation by closing the business. A copy of the order shall be delivered to the
operator of the business and mailed to the owner of the property upon which the business is located.
an Nothing in this section shall be construed to apply to the non-obscene presentation. showing.
or performance of any play. drama. or ballet in any theater. concert halL fine arts academy. schooL
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institution of higher education. or similar establishment as a form of expression of opinion or
communication of ideas or information. as differentiated from the promotion or exploitation of sex
for the purpose of advancing the economic welfare of a commercial or business enterprise.
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:
ARTICLE XIX ADULT ENTERT AINMENT REGULATIONS
SECTION 21-500 - GENERAL PROVISIONS
21-500.01- Defmitions
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:
ill An establishment which. as its principal business pm:pose. sells or rents adult material
or which offers adult materials for sale or rent as a significant portion of its stock and trade.
at Anv establishment in which anyone or more of the following five elements occur
shall be presumed to be an adult bookstore/adult video store:
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ill} That the adult material is accessible to customers: "accessible to customers"
means that the item can be physically touched. picked up. handled by a customer
before being transferred from the control of a worker. or is visually displayed so that
an adult or child present in the store can view substantially more than its name alone:
or
Dll That the individual items of adult material offered for sale and/or rental
comprise more than 25 percent of the unused individual items publicly displayed at
the establishment as stock in trade in the following categories: books. magazines.
periodicals. other printed matter. slides. photographs. films. motion pictures.
videotapes. compact disks. computer digital graphic recordings. other visual
representations. audio recordings and other audio matter. and more than 25 percent
of the total used items publicly displayed at the establishments as stock in trade in
each of the same categories set out above: or
W The grOSS income each month from the sale and rental of adult material
comprises more than ten percent of that month's gross income from the sale and
rental of the goods and material at the establishment: or
@ 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
Uti The establishment uses any of the following terms in advertisements or any
other promotional activities relating to the adult material: "XXX." "XX." "X." or any
series of the letter "X" whether or not interspersed with other letters. figures or
characters: "erotic" or deviations ofthat word: "adult entertainment." "adult books. "
"adult videos" or similar phases: "sexual acts" or similar phrases: "nude" or "nudies"
or similar phrases which letters. words or phrases a reasonable person would believe
to be promotional of the purchase or rental of adult material.
ill In recognition of the provisions of F.S. && 847.013 and 847.0133. which protects
minors from exposure to obscene material. any business which is an adult bookstore/adult video store
shall have in place at each entrance to such business a sign. no less than one square foot in size.
stating "Persons under 18 years of age not permitted."
Adult booth means a small enclosure inside an adult entertainment establishment accessible
to any person over the age of 18. regardless of whether a fee is charged for access. The term adult
booth includes. but is not limited to. a peep-show booth or other booth used to view adult material.
but does not include a restroom or a foyer through which the public enters or exits the establishment.
Adult entertainment establishment means an adult theater. an adult bookstore. an adult-
performance establishment. a commercial physical-contact parlor or an escort service operated for
commercial or pecuniary gain. regardless of whether such establishment is licensed under this
Article. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. An
establishment which has an occupational license or an establishment which advertises itself as a type
of adult entertainment establishment shall be presumed to be operated for commercial or pecuniary
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gain. An establishment with an adult entertainment license shall be presumed to be an adult
entertainment establishment.
used:
Adult material means anyone or more of the following. regardless of whether it is new or
ill Books. magazines. periodicals or other printed matter. or photographs. films. motion
pictures. videotapes. slides or other visual representations. or recordings. computer digital
graphic recordings. other visual representations. tape recordings or other audio matter. which
have as their primary or dominant theme matter depicting. illustrating. describing or relating
to specified sexual activities or specified anatomical areas: or
ill Instruments. novelties. devices or paraphernalia which are designed for use in
connection with specified sexual activities. excluding bona fide birth-control devices.
Adult motel means any motel. hotel. boardinghouse. roominghouse or other place of
temporary lodging which includes the word "adult" in any name it uses or otherwise advertises the
presentation of films. motion pictures. videotapes. slides or other photographic reproductions. which
have as their primary or dominant theme matters depicting. illustrating or relating to specified sexual
activities or specified anatomical areas. The term "adult motel" is included within the definition of
"adult theater."
Adult-verformance establishment.
ill Adult-performance establishment means an establishment where any worker:
a. Engages in a private performance or displays or exposes any specified
anatomical areas to a customer. regardless of whether the worker engages in dancing
or any particular activity:
b. Wears and displays to a customer any covering. tape. pasty or other device
which simulates or otherwise gives the appearance of the display or exposure of any
specified anatomical areas. regardless of whether the employee actually engages in
performing or dancing:
c. 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
d. 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 behalf of that person.
GL It is an affirmative defense that an establishment is not an adult-performance
establishment ifthe establishment is a bona fide private club whose membership as a whole
engages in social nudism or naturalism as in a nudist resort or camp. or such other
establishment in which the predominant business or attraction ofthe establishment is not the
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offering to customers of a product service or entertainment which is intended to provide
sexual stimulation or sexual gratification to such customers. and the establishment is not
distinguished by an emphasis on or the advertising or promotion of materials relating to or
workers depicting. describing. displaying. exposing or simulating specified sexual activities
or specified anatomical areas.
ill An adult-performance establishment shall not be deemed a place provided or set apart
for the purpose of exposing or exhibiting a person's sexual organs in a manner contrary to the
first sentence of F.S. & 800.03. the state's indecent-exposure statute as set forth in the
decision ofthe Supreme Court of Florida in the case ofHoffinan v. Carson. 250 So. 2d 891.
893 (Fla. 1971). appeal dismissed 404 U.S. 981 (971).
Adult theater means any establishment which has adult booths where adult material may be
viewed or any establishment which has an auditorium. rooms or an open-air area where persons may
view films. motion pictures. videocassettes. slides or other photographic reproductions which have
as their primary or dominant theme matters depicting. illustrating or relating to specified sexual
activities or specified anatomical areas. Adult motels and adult booths or peep-show arcades are
considered to be adult theaters.
Alcoholic beverage means a beverage containing more than one percent of alcohol by weight.
It shall be "rima facie evidence that a beverage is an alcoholic beverage if there is proof that the
beverage in question was or is known as beer. wine. whiskey. moonshine whiskey. moonshine. shine.
rum. gin. tequila. bourbon. vodka. scotch. scotch whiskey. brandy. malt liquor or by any other similar
name or names. or was contained in a bottle or can labeled as any of the above names. or a name
similar thereto. and the bottle or can bears the manufacturer's insignia. name or trademark. Any
person who. by experience in the handling of alcoholic beverages. or who by taste. smell or drinking
of such alcoholic beverages has knowledge of the alcoholic nature thereof. may testify as to such
person's opinion about whether such beverage is an alcoholic beverage.
Child Care Facility means that as defined by Sec. 402.302(2). Florida Statutes.
Commercial ohvsical contact means to manipulate. wash. scrub. stroke or touch. for
commercial or pecuniary gain. another person's body tissues directly or indirectly. through a medium
using any obiect instrument. substance or device.
It is an affirmative defense to an alleged violation of this Article regarding engaging in commercial
physical contact or operating a commercial physical-contact parlor if the alleged violator. business
or establishment can establish membership in one of the following classes of persons or businesses
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:
O.l Persons licensed as a massage therapist or apprentice massage therapist
pursuant to F.S. ch. 480. if providing massage services only in a massage
establishment licensed under F.S. ch. 480.
m Persons licensed under the laws of the state to practice medicine. surgery.
osteopathy. chiropody. naturopathy or podiatry. or persons licensed as a physician's
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2007-0-_
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assistant or holding a drugless practitioner's certificate.
ill Registered nurses under the laws of the state.
ffi Barbers or beauticians licensed under the laws of the state.
m Cosmetologists licensed under the laws of the state.
@ Persons performing services in any hospital. nursing home or sanitarium
licensed under the laws of the state.
ill Instructors. coaches or athletic trainers employed by. or on behalf of. any bona
fide professional. OlYmpic or sanctioned amateur athletic team. governmental entity
or any bona fide state. county or private educational institution.
.L8l Physical therapists licensed under the laws of the state.
Commercial phvsical-contact parlor means a business. establishment or place operated for
commercial or pecuniary gain. where any worker engages in commercial physical contact. or any
business or establishment for which any portion is set aside. advertised or promoted as a place where
commercial physical contact occurs or a place designated as a "body scrub salon." or a place
designated as a "relaxation salon. "
Conviction means a determination of guilt resulting from a plea or trial. regardless of whether
adiudication 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:
ill Is present at an establishment. regardless of whether that person has actually
given any consideration or spent any money for goods or services: or
at Has paid or has offered. agreed. been solicited or had someone else offer or
agree on that person's behalf to. pay any consideration. fee or tip to an operator or
worker of an adult entertainment establishment.
Department means the building department. fire department. health department. police
department. Development Services Department or City Clerk. including the respective director.
workers. officers and agents thereof.
Educational institution means a premises or site upon which there is an institution oflearning
for minors. whether public or private. which conducts regular classes and/or courses of study
required for eligibility to. certification by. accreditation to. or membership in the state department
of education. Southern Association of Colleges and Secondary Schools or the Florida Council of
Independent Schools. The term "educational institution" includes a l>remises or site upon which there
is a kindergarten. elementary school. middle school. senior high school. However. the term
"educational institution" does not include a premises or site upon which there is a vocational
institution. professional institution or an institution of higher education. including a community
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2007-0-_
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June 21, 2007
college. iunior college. four-year college or university.
Escort means any person who. for commercial or pecuniary gain. compensation or tips agrees
to. offers to go or goes to any place. including a business. hotel. motel. residence or conveyance to
do any of the following acts:
ill Act as a companion or date for. or converse with. a customer~
ill.. Engage in physical contact with another person~
ffi Provide private adult entertainment:
!1L Display specified anatomical areas. strio naked or go topless~ or
Gl Engage 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 agencv means a person. business. establishment or place operated
for commercial or pecuniary gain. which does any of the following:
m Advertises as an escort service or escort agency or otherwise offers or
advertises that it can furnish escorts or private dancers~ or
ill Offers or actually provides. arranges. dispatches or refers workers to act as an
escort for a customer.
It is an affirmative defense that a business is not an escort service ifthe person seeking to invoke this
defense can demonstrate that the business is a bona fide dating or matching service which arranges
social matches or dates for two persons who each wish to meet a compatible companion when
neither of such persons solicits. accepts or receives any financial gain or any monetary tip.
consideration or compensation for the meeting or date.
Establishment means any place. site or premises. or portion thereof. upon which any person.
corporation or business conducts activities or operations for commercial or pecuniary gain. including
anv place. site or oremises from where an escort service disoatches or refers workers to other
locations or at which an escort service receives business calls from customers.
Law enforcement officer means an officer who is on official duty for a law-enforcement
agency. including. but not limited to. the police deoartment of the City.
Licensee means any person whose application for an adult entertainment establishment has
been granted and who owns. operates or controls the establishment.
Operated for commercial or pecuniary gain means any business or attempt to generate
income and shall not depend upon actual profit or loss. An establishment which has an occupational
license shall be presumed to be operated for commercial or pecuniary gain.
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2007-0-_
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Overator means any person who engages in or performs any activity necessary to. or which
facilitates. the operation of an adult entertainment establishment. including but not limited to the
licensee. manager. owner. doorman. bouncer. bartender. disc iockey. sales clerk. ticket taker. movie
proiectionist. dispatcher. receptionist or attendant.
Park means a tract ofland within a city or unincOl:porated area of a county which is kept for
ornament or recreation and which is maintained as public property.
Preexisting means as follows:
ill When used together with the terms "adult entertainment establishment."
"religious institution." "educational institution." "commercial establishment that in
any manner sells or dispenses alcohol for on-premises consumption" or "residence. "
the word "preexisting" shall mean:
~ The establishment. institution or residence is already being lawfully
used or lawfully occupied:
1!:.- 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
~ An application or plan to allow the establishment. institution or
residence to be constructed. used or occupied has been filed and is
undergoing review or is approved. with or without conditions.
ill When used together with the term "park." the word "preexisting" shall mean:
a. The park is already being used: or
b. The park site has been approved or otherwise designated by the
appropriate governing body.
Private performance means posing. or the display or exposure of any specified anatomical
area by a worker of an adult entertainment establishment to a customer. while the person is in an area
not accessible during such display to all other persons in the establishment. or while the customer
or worker is in an area which is private or in which the customer or worker is totally or partially
screened or partitioned during such display from the view of all persons outside the area.
Public nudity means the appearance at an adult entertainment establishment of a specified
anatomical area as defined herein.
Reli$!ious institution means a premises or site which is used primarily or exclusively for
religious worship and related religious activities.
Sexual/v oriented business means a commercial physical-contact establishment or escort
service. regardless of whether such business is licensed under this Article.
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Specified anatomical areas means:
(Editor's note: the source of the footnotes below is The New Webster's Medical Dictionary
(Bolander. 1991). The definitions of terms set forth in footnotes are a material part of this Article
and apply to the use of the term each time it is used in this Article.)
(a) Any of the following in a state that is less than completely and opaquely covered:
(1) The male or female genitalsl:
(2) The male or female pubic area2:
(3) The vulva3:
(4) The anus4:
(5) The penis5:
(6) The scrotum6:
(7) The anal? cleft.
(8) The breast8 of a female:
(9) The human male genitals in a discernibly turgid state. even if completely
and opaquely covered.
lGenitals, Genitalia - organs of the reproductive system, especially the external organs.
2Pubic Area - (1 ) Pubes. the pubic region: the anterior region of the innominate bone
covered with pubic hair: os pubis. (2) Pubic. pertaining to the pubes. (3) Pubis. pubic bone. or
the innominate bone.
3Vulva - External female genitalia. including the mons pubis. labia maiora and minora.
clitoris and vestibule of the vagina.
4 Anus - Outline of the rectum leading from the bowel.
5Penis - The male organ for urination and copulation. a pendulous structure that is
suspended from the front and the sides of the pubic arch.
6Scrotum - The external double pouch that contains the testicles.
7 Anal - A ring. pertaining to the rectal opening: near the anus.
aBreast - A portion of the human female mammary gland (commonly referred to as the
female breast) including the nivple and the areola (the darker colored area ofthe breast
surrounding the nipple) and an outside area of such gland wherein such outside area is (i)
reasonably compact and contiguous to the areola. and (m contains at least the nipple and the
areola and one-fourth of the outside surface area of such gland. The female breast shall not
include any portion of the cleavage between the human female breasts typically exhibited by a
dress. blouse. skirt. leotard. bathing suit. or other wearing apparel. provided that the areola is not
exposed.
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2007-0-_
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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 covering.
Specified sexual activity means:
ill Human genitals in a state of sexual stimulation. arousal. erection or tumescence~ or
m Fondling or other erotic touching of human genitals. pubic region. buttock. anus or
female breast:
.Ql Acts of human anilingus. bestiality. buggery. cunnilingus. coprophagy. coprophilia.
fellation. flagellation. masochism. masturbation. necrophilia. pederasty. pedophilia. sadism.
sadomasochism. sapphism. sexual intercourse. sodomy or urolagnia~ or
{1l 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:
ill The use by a worker of any part of the worker's body to touch the genital or pubic area
of another person. or the touching of the genital or pubic area of any worker to another
person. It shall be termed a "straddle dance" regardless of whether the touch or touching
occurs while the worker is displaying or exposing any specified anatomical area. It shall also
be termed a "straddle dance" regardless of whether the touch or touching is direct or indirect
(through a medium)~ or
m The straddling of the legs of a worker over anv part of the body of another person at
the establishment. regardless of whether there is a touch or touching.
Worker means a person who works. performs or provides services at an adult entertainment
establishment or who is an escort. irrespective of whether such person is paid a salary or wage. and
shall include. but is not limited to. employees. independent contractors. subcontractors. lessees or
sublessees who work or perform at an adult entertainment establishment.
21-500.02- Authoritv for Article.
This Article is enacted under the Home Rule Power ofthe City in the interest of the health.
peace. safety and general welfare of the people of the City and under the authority of the City to
regulate the sale and consumption of alcoholic beverages under the Twenty-First Amendment to the
Constitution of the United States.
21-500.03- Scope of Article.
This Article shall be effective throughout the City.
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2007-0-
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June 21, 2007
21-500.04- Purpose of Article.
The intent of the City Council in adopting this Article is to establish reasonable and uniform
regulations for the adult entertainment industry that will protect the health. safety. property values
and general welfare of the people. businesses and industries ofthe City. It is not the intent of the City
Council to legislate with respect to matters of obscenity. These matters are regulated by federal and
state law. including F.S. ch. 847.
21-500.05- Findines of fact.
Based on evidence and testimony presented at public hearings before the City Council and
on the findings incorporated in the United States Attorney General's Commission on Pornography
(1986). Jacksonville Ordinance Code. Chapter 410. Ord. 77-257-256. Section 1. the Los Angeles
Municipal Code. Section 12.70. Ord. 156509 (1982). the Detroit Zoning Ordinance. 66.0000. Ord.
742-G. Section 1. 10-24-72. and A Summary of a National Survey of Real Estate Appraisers
Regarding the Effect of Adult Bookstores on Property Values. conducted by the division of planning.
department of metropolitan development. Indianapolis. January 1984. and the findings of fact set out
in section 3-5 of the adult entertainment code of Orange County. Florida. a county in central Florida.
and evidence and affidavits presented by the Metropolitan Bureau of Investigation of the Ninth
Judicial Circuit of Florida. the cases of City of Renton v. Plavtime Theaters. Inc.. 475 U.S. 41 (1986)~
Young v. American Mini Theaters. 426 U.S. 50 (1976)~ Barnes v. Glen Theater. Inc.. 501 U.S. 560
(1991)~ City of Erie v. Pap's A.M.. 120 S. Ct. 1382 (2000)~ City of Los Angeles v. Alameda Books.
535 U.S. 425 (2003)~ City of Littleton v. z'J. Gifts. LLC. 124 S.Ct. 2219 (U.S. 2004)~ and on
materials made of record relating to the Seminole County and St. Johns County Public Nudity
Ordinances. and on the substance of and findings made or incorporated in studies accomplished in
other communities and ordinances enacted in other communities. including. but not limited to. New
York. New Y ork~ city of Houston Ordinance Number 97-75~ Senate Bill Number 232. as passed by
the Kansas State Legislature: Phoenix. Arizona~ Tucson. Arizona~ St. Paul. Minnesota~ Minneapolis.
Minnesota~ Houston. Texas~ Indianapolis. Indiana~ Amarillo. Texas~ Garden Grove. California~ Los
Angeles. California~ Austin. Texas~ Macon-Bibb County. Georgia~ Palm Beach County. Florida~
Manatee County. Florida~ the findings of the attorney general ofthe State ofMinnesota~ the report
of United States Attorney General's Council on Pornography (1986)~ Jacksonville. Florida~ Detroit.
Michigan~ and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of
Adult Bookstores on Property Values." conducted by the division of planning. department of
metropolitan develo{>ment. Indianapolis. January 1984~ the publication entitled "Protecting
Communities From Sexually Oriented Businesses" (Southwest Legal Press. Inc.): the publication
entitled "Local Regulation Of Adult Businesses" (Clark. Boardman and Callaghan)~ publications
prepared by the Florida Family Association. Inc. (Tampa. Florida) relating to the regulation of
sexually oriented businesses and adverse secondary effects of sexually oriented businesses~ the
"Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented
Businesses". Peter R. Hecht. Ph.D. (l996)~ and the findings of fact relating to the adult entertainment
codes of Orange and Seminole Counties. two neighboring and contiguous counties in central Florida.
and the findings of fact relating to the sexually oriented business and adult entertainment
establishment ordinance of Brevard County. Florida. the county in which the city is located. the
publications of Dr. William George regarding erotica and alcohol: Alcohol and Human Sexuality:
Stl uGk till ongl. passages are deleted.
Underlined passages are added.
2007-0-_
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June21,2007
Review and Integration. Leif C. Crowe and William H. George. Psychological Bulletin. 1989:
Alcohol and Hypermasculinity as Determinants of Men's Empathic Responses to Violent
Pornography. Jeanette Norris. William H. George. Kelly Cue Davis. Joel Martell. R. Jacob Leonesio:
Journal of Int'l Violence. 1999: Alcohol Expectancies and Sexuality: A Self-Fulfilling Prophecy.
Analysis of Dyadic Perceptions and Behavior. William H. George. Ph.D.. and Susan A. Stoner. B.A..
Jeanette Norris. Ph.D.. Peter A. Lopez. Ph.D. and Gail L. Lehman. Ph.D.. Journal of Studies on
Alcohol. 1998: The Effect of Alcohol and Anger on Interest in Violence. Erotica & Deviance.
William H. George and G. Alan Marlatt. Journal of Abnormal Psychology. 1986: Perception of
Postdrinking Female Sexuality: Effects of Gender. Beverage Choice. and Drink Payment. William
H. George. Susan J. Goumic. and Marry P. McAfee. Journal of Applied Social Psychology. 1988:
Postdrinking Sexual Inferences: Evidence of Linear Rather than Curvilinear Dosage Effects. William
H. George. Gail L. Lehman. Kelly L. Cue. Lorraine J. Martinez. Peter A. Lopez. and Jeanette Norris.
Journal of Applied Social Psychology. 1997: Self-Reported Alcohol Expectancies and Postdrinking
Sexual Inferences About Women. William H. George. Kelly L. Cue. Peter A. Lopez. Lief C. Crowe.
and Jeanette Norris. Journal of Applied Social Psychology. 1995: Self-Reported Alcohol
Expectancies for Self and Other as a Function of Behavior Type and Dosage Set: William H. George
and Kurt H. Dermen. Journal of Substance Abuse. 1988: Sammv's of Mobile. Ltd. v. City of Mobile.
140 F. 3d 993 OIth Cir. 1998): City ofDavtona Beach v. Del Percio 476 So. 2d 197 (Fla. 1985):
SOB. Inc. v. County of Benton. 317 F. 3d 856 (8th Cir. 2003): New York State Liquor Auth. V
Bellanca. 452 U.S. 714 (981): California v. LaRue. 409 U.S. 109 (972) (result upheld in 44
Liquormart v. R.I.. 517 U.S. 484 (996)): Seminole Entertainment. Inc. v. city of Casselberry. 813
So. 2d 186 (Fla. 5th DCA 2002). rev. denied 835 So. 2d 269 (2002). cert. denied 123 S. Ct. 2276.
71 USL W 3641 (2003) (including the entire record presented to the Casselberry city council and the
order of the city council revoking Rachel's adult entertainment license): McKee v. City of
Casselberry. 10 Fla. L. Weekly Supp. 408a. Per Curium Affirmed 2004 WL 1178246: (Fla. 5th DCA
2004): and matters and materials submitted at the public hearings relating to this article and other
matters and documents relating to all of the above: and the experiences of other central Florida
communities. the Council hereby finds that:
fA} Commercial establishments exist or may exist within the City and other nearby cities
or counties in central Florida where books. magazines. periodicals or other printed material.
or photographs. films. motion pictures. prints. videotapes. slides. computer digital graphic
recordings or other visual representations or recordings. or recordings or other audio matter.
or instruments. novelties. devices or paraphernalia which depict. illustrate. describe or relate
to specific sexual activities or specified anatomical areas are possessed. displayed. exhibited.
distributed and/or sold.
au Commercial establishments exist or may exist within the City and other nearby cities
or counties in central Florida where adult entertainment activities in the form of nude.
seminude or topless dancers. entertainers. performers or other individuals who. for
commercial gain. perform or are presented while displaying or exposing specified anatomical
areas: or engage in straddle dancing or touching with customers.
(Q Commercial sexually oriented businesses exist or operate or may exist or operate
within the City and other nearby cities or counties in central Florida where sexually oriented
services are offered for commercial or pecuniary gain in the form of commercial physical
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2007-0-_
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contact or escort services. The workers of such sexually oriented businesses operating in
central Florida engage in physical contact or touching with customers. including acts of
prostitution. or encourage or entice the customers to engage in lewdness.
@ The activities described in subsections (At (B) and (C)of this section occur at
establishments which operate primarily for the purpose of making a profit and. as such. are
subject to regulation by the City in the interest ofthe health. safety. economy. property values
and general welfare of the people. businesses and industries of the City. A major industry
which is important to the community's economic welfare is tourism by persons seeking to
bring children to visit attractions who wish to stay in a community with a family atmosphere
not dominated by commercialized sexual themes.
@ When the activities described in subsections (At (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. exposing minors to harmful materials. possession. distribution and
transportation of obscene materials. sale or possession of controlled substances and violent
crimes against persons and property.
ID When the activities described in subsections(AHB) and (C) of this section are
competitively exploited in establishments. they tend to attract an undesirable number of
transients. blight neighborhoods. adversely affect neighboring businesses. lower real-property
values. promote the particular crimes described in subsection(E)of this section. and
ultimately lead residents and businesses to move to other locations.
(ill The establishments in which the activities described in subsections(AHB) and(C) of
this section occur are often constructed. in part or in whole. of substandard materials.
maintained in a manner reflecting disregard for the health and safety of the occupants. and
have exterior signs or appearance that lower the surrounding property values and contribute
to urban decline.
.an 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 safety 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.
ill In order to preserve and safeguard the health. safety. property values and general
welfare ofthe people. businesses and industries of the City. 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.
ill Workers at adult entertainment establishments and sexually oriented businesses
engage in a higher incidence of certain types of unhealthy or criminal behavior than workers
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of other establishments. including a very high incidence of illegal prostitution or engaging
in lewdness in violation ofF.S. ch. 796. operation without occupational licenses and illegal
unlicensed massage.
a9 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.
aJ. In order to preserve and safeguard the health. safety and general welfare ofthe people
of the City. it is necessary and advisable for the City to regulate the conduct of owners.
managers. operators. agents. workers. entertainers. performers and customers at
establishments where the activities described in subsections(A),(B) and(C)of this section
occur.
(M) The potential dangers to the health. safety and general welfare of the people of the
City posed by permitting an establishment at which the activities described in subsections
(A),(B) and(C) of this section occur to operate without first meeting the requirements for
obtaining a license under this Article are so great as to require the licensure of such
establishments prior to their being permitted to operate.
llil Requiring operators of establishments at which the activities described in subsections
(I). (2) and (3) of this section occur to keep records of information concerning workers and
certain recent past workers will help reduce the incidence of certain types of criminal
behavior by facilitating the identification of potential witnesses or suspects. and by making
it difficult for minors to work in such establishments.
(ill Prohibiting establishments at which the activities described in subsections(A)'(B)
and(C) of this section occur from ooerating within set distances of educational institutions.
religious institutions. residences. areas zoned or designated for residential use and parks. at
which minors are customarily found. will serve to protect minors from the adverse effects of
the activities that accompany such establishments.
ID Straddle dancing. unregulated private performances and enclosed adult booths in
establishments at which the activities described in subsections(A).(B) and(C) of this section
occur have resulted in indiscriminate commercial sex between strangers. pose a threat to the
health of the participants and promote the spread of communicable. sexually transmitted
diseases. Straddle dancing is primarily conduct rather than communication or expression.
{Q} Physical contact or touching between workers of sexually oriented businesses and
customers poses a threat to the health of both. and promotes the spread of communicable and
sexually transmittable diseases.
ffiJ. The practice of not paying workers at sexually oriented businesses and requiring them
to earn their entire income from tips or gratuities from their customers who are predisposed
to want sexual activity has resulted in an extremely high. nearly universal. incidence of
prostitution and crimes related to lewdness by workers.
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m Sexually oriented businesses involve activities the sole purpose of which is financial
gain rather than free speech or expressive activity. and therefore are subiect to and require
increased regulation to protect the health. welfare and safety of the community.
ill Requiring sexually oriented businesses to post a listing of services provided. to
restrict services to those listed and to maintain a customer contract and transaction record in
a daily register will discourage incidents of criminal behavior such as lewdness and
prostitution. thereby further safeguarding the health of both workers and customers and
facilitating the identification of potential witnesses or suspects if criminal acts do occur.
21-500.06- Construction.
This Article shall be liberally construed to accomplish its purpose of licensing. regulating and
dispersing adult entertainment and related activities. Unless otherwise indicated. all provisions of
this Article shall apply equally to all persons. regardless of sex.
SECTION 21-510- ADMINISTRATION AND ENFORCEMENT
21-510.01- Enforcement.
The provisions of this Article may be enforced by:
{A} A suit brought by the City Council in the circuit court to restrain. enioin or prevent
a violation of this Article:
.on Enforcement proceedings by the City's code enforcement board: or
{Q Criminal prosecution as provided in the criminal provisions in division 6 of this
Article.
21-510.02- Responsibilities of Departments.
Ultimate responsibility for the administration ofthis Article is vested in the City Council. The
other departments are responsible for the following:
ill The Development Services Department is responsible for granting. denying. revoking.
renewing. suspending and canceling adult entertainment licenses for proposed and existing
adult entertainment establishments as set out in the licensing provisions of this Article.
m The Police Department is responsible for verifying information contained in an
application and for inspecting proposed or existing adult entertainment establishments in
order to ascertain compliance with applicable criminal statutes and ordinances. including
those set forth in the criminal provisions in of this Article.. and for enforcing applicable
criminal statutes and ordinances. including those set forth in the criminal provisions of this
Article.
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m The Building Department is responsible for inspecting any proposed establishment
or existing adult entertainment establishment in order to ascertain compliance with the
general operational rules in this Article and all applicable building codes. statutes. ordinances
and regulations.
ffi The Fire Department is responsible for inspecting any proposed or existing adult
entertainment establishment in order to ascertain compliance with the general operational
rules in this Article and all applicable fire codes. statutes. ordinances and regulations.
ill The Health Department is responsible for inspecting any proposed or existing adult
entertainment establishment in order to ascertain compliance with the general operational
rules in this Article and all applicable health codes. statutes. ordinances and regulations.
ilil. The Development Services Department is responsible for ascertaining whether the
location of proposed adult entertainment establishments complies with all distance. zoning
and location requirements of the distance restrictions in this Article. applicable portions of
the general operational rules in this Article and all applicable zoning regulations in the City
and whether existing adult entertainment establishments are in compliance with the distance
restrictions and general operational rules of this Article and all applicable zoning regulations
and land use laws.
21-510.03- Appeals.
An applicant may appeal the decision of the Development Services Department regarding a
denial of a license application or renewal of a license under this Article to the City Council by filing
a written notice of appeal with the Development Services Department within fifteen (15) days after
service of notice upon the applicant ofthe Development Services Department's decision. The notice
of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for
such appeal and all arguments in support thereof. The Development Services Department may.
within fifteen (15) days of service upon it of the applicant's memorandum. submit a responsive
memorandum to the City Council. After reviewing such memoranda. as well as the Development
Services Department's written decision. if any. and exhibits submitted to the Development Services
Department. the City Council shall vote either to uphold or overrule the decision. Such vote shall
be taken within twenty-one (21) calendar days after the date on which the Development Services
Department receives the notice of appeal. The status quo immediately prior to denial of the license
shall be maintained during the pendency of the appeal. Judicial review of a denial by the
Development Services Department and City Council may be made pursuant to Section 21-520.11
of this Article. The status quo shall continue to be maintained during the pendency of iudicial review.
21-510.04 Notice.
Any notice required under this Article shall be accomplished by sending a written notification
by certified mail to the mailing address set forth on the application for the license. This mailing
address shall be considered the correct mailing address unless the Development Services Department
has been otherwise notified in writing or by personal service or delivery to the applicant or licensee.
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21-510.05- Immunity from Prosecution.
The City or any of its departments or agents or any law enforcement-officer shall be immune
from prosecution. civil or criminal. for reasonable. good-faith trespass upon an adult entertainment
establishment while acting within the scope of the authority under this Article.
SECTION 21-520- LICENSE
21-520.01- Required.
No adult entertainment establishment shall be permitted to operate without having been first
granted an adult entertainment license by the Development Services Department under this Article.
The operation of an adult entertainment establishment without a valid adult entertainment license
is unlawful and shall be grounds for the closing of the establishment or business upon a finding of
fact by a court or other body with proper iurisdiction that the establishment does not have a valid
adult entertainment license. In no event shall an occupational license serve as a substitute for a adult
entertainment license required by this Article.
21-520.02- Classifications.
{Al General/v. 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.
.au 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.
{Al Application required. Any person desiring to operate an adult entertainment
establishment shall file with the Development Services Department a sworn license
application on standard application forms supplied bv the Development Services D~artment.
.au Contents of application. The completed application shall contain the following
information and shall be accompanied by the following documents:
ffi If the applicant is:
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June 21, 2007
~ An individual. The individual shall state his or her legal name and any
aliases and submit satisfactory proof of identity and that the applicant is at
least 18 years of age or older:
11- A partnership. The partnership shall state its complete name. the
names and residential addresses and residential telephone numbers of all
partners. whether general or limited. and the residence address of at least one
person authorized to accept service of process. and provide a copy of any
existing partnership agreement: or
~ A corporation. The corporation shall state its complete name. the date
of its incolJ'oration. evidence that the corporation is in good standing. the
names and capacities of all officers. directors and principal stockholders. the
name and address of the registered corporate agent for service of process. the
name. residential address and residential telephone number of the person
making the application for the cOlJ'oration. and provide a copy of its articles
of incolJ'oration:
at All business names and telephone numbers to be used by the establishment.
Ifthe applicant intends to conduct the establishment under a name other than that of
the applicant. the establishment's fictitious-name registration under F.S. & 865.09:
ill Whether the applicant or any of the other individuals listed pursuant to
subsection (B)(1) of this section have had a previous license under this Article
suspended or revoked. including the name and location of the establishment for
which the license was suspended or revoked. as well as the date of the suspension or
revocation. and whether the applicant or any other individuals listed pursuant to
subsection (B)(1) of this section have been a partner in a partnership or an officer.
director or principal stockholder of a cOlJ'oration whose license under this Article has
previously been suspended or revoked. including the name and location of the
establishment for which the license was suspended or revoked. as well as the date of
the suspension or revocation:
ill Whether the applicant or any other individuals listed pursuant to subsection
(B)(1) of this section hold any other licenses under this Article. and if so. the names
and locations of such other licensed establishments:
ill The single classification of license for which the applicant is filing:
(Q) The location ofthe proposed establishment. including a legal description of
the property site. a legal street address. the name and address of the real property
owner of the site and a notarized statement of consent to the specific proposed adult
entertainment use from the owner of the property:
ill The applicant's mailing address and telephone number(s):
(ID A site plan of the proposed establishment drawn to appropriate scale.
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June 21, 2007
including but not limited to:
!h. All property lines. rights-of-way and the location ofbuildings. parking
areas and spaces. curb cuts and driveways~
b. All windows. doors. entrances and exits. fixed structural features.
walls. stages. partitions. proiection booths. admission booths. adult booths.
concession booths. stands. counters and similar structures~
~ All proposed improvements or enlargements to be made. which shall
be indicated and calculated in terms of percentage 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.
{9 Apvlication fee. Each application shall be accompanied by a nonrefundable fee of
$200.00. Such application fee shall be used to defray the costs and expenses incurred by the
various departments in reviewing applications. lfthe application for a license is approved and
a license is granted. the fee shall be applied as a credit toward the annual license fee required
for the first year pursuant to Section 21-520.07.
liD. False. incorrect or incomvlete application. lfthe Development Services Department
determines or learns that the applicant has falsely or incorrectly completed an application.
or has not properly completed the application for a proposed establishment. the applicant
shall promptly notify the applicant of such fact and shall allow the applicant ten days to
properly complete the application. The revised application shall then be promptly forwarded
to the appropriate departments for further review. (The time period for granting or denying
a license under Section 21-520.05 shall be stayed during the period in which the applicant
is allowed an opportunity to properly complete the application.) Upon receipt of a revised
application. the 30-day time period for granting or denying a license shall be extended for ten
(10) additional days to a total of 40 days.
@ Consent. By applying for a license under this Article. the applicant shall be deemed
to have consented to the provisions of this Article and to the exercise oftheir responsibilities
under this Article by the agents or departments of the City.
21-520.04- Processine of Application: Investieation: Findines.
(A) Processing. Upon receipt of a complete application properly filed with the
Development Services Department and upon payment ofthe nonrefundable application fee.
the Development Services Department shall immediately stamp the application with the date
it was received and shall immediately thereafter send photocopies of the application and all
attachments to the police department. the building department. the fire department. and the
health department.
lID Findings. After investigation. each department shall report its findings in writing and
shall forward its findings to the Development Services Department within fourteen (14) days
and shall state whether the department finds that false. incomplete or incorrect information
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June 21, 2007
was given on the application or whether the proposed establishment will be in violation of
any provision of the distance restrictions in division 4 or general operational rules in division
5 of this Article or of any building. fire. health or zoning statute. code. ordinance. regulation.
lease. deed restriction or court order.
21-520.05- Grant: Denial: Rejection.
fA} Time period for flranting or denving license. If application is made for a license under
this Article. the Development Services Department shall issue a license to an applicant unless
it is determined by a preponderance of the evidence that one or more of the following
findings is true:
.L. The applicant has failed to provide the information reasonably
necessary for issuance of the license or has falsely answered a question or request for
information on the application form;
2. The applicant has failed to comply with the F.S. ch. 607. regarding
corporations. F.S. ch. 620. regarding partnerships. orF.S. & 865.09. regarding
fictitious names;
L The granting of the application would violate a statute or ordinance.
deed restriction. lease or an order from a court of law which prohibits the
applicant from obtaining an adult entertainment establishment license;
~ The applicant or any of the other individuals listed pursuant to
subsection have been denied a license by the City to operate a adult
entertainment establishment within the preceding twelve (12) months. or
whose license to operate a adult entertainment establishment has been
revoked within the preceding. twelve (12) months;
~ An applicant is under the age of eighteen (18) years;
6. The license fee required under this ordinance has not been paid; or
7. The premises to be used for the adult entertainment establishment
have not been approved by departments specified in Section 21-510.02 as
being in compliance with applicable laws and ordinances.
lID. If the Development Services Department denies the application. the Development
Services Department shall. within seven (7) days. notify the applicant ofthe denial and state
the reasons for the denial.
.cg A license issued pursuant to subsection (A) ofthis Section. if granted. shall state on
its face the name of the person or persons to whom it is granted. the expiration date. and the
address of the establishment. The license shall be posted in a conspicuous place at or near
the entrance to the establishment so that it may be easily read at any time.
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@ In the event the Development Services Department fails to render a decision on the
application within the time specified herein. the applicant shall be permitted to commence
operation of the business in accordance with the ordinances and codes ofthe City and other
applicable federal and state laws as if a license has been issued on the 31 st day of the receipt
ofthe completed application by the Development Services Department and shall be governed
by the term specified in Section 21-520.06.
ill) In the event that the Development Services Department determines that an applicant
is not eligible for a license. the applicant shall be given notice in writing of the reasons for
the denial within thirty (30) days of the receipt of the completed application by the
Development Services Department provided that the applicant may request in writing at any
time before the notice is issued. that such period be extended for an additional period of not
more than ten (10) days in order to make modifications necessary to comply with this
ordinance.
21-520.06- Term: Renewal: Expiration: Cancellation: Reports: Consent.
.cAL Contents. An adult entertainment license shall state the name of the licensee. the
name of the establishment the street address of the establishment the classification of the
license. the date of issuance and the date of expiration.
illl Term. All licenses issued under this Article shall be annual licenses. which shall
commence running on October 1 ifthey have been paid for. and shall expire on the last day
of September of the following year. If a license is issued after October 1 and before March
31 of the following year. the applicant shall pay the applicable license fee in full. If a license
is issued after March 31 and before October 1 ofthe same year. the applicant shall pay one-
half of the applicable license fee.
l.Q.. Renewals. A license issued under this Article shall be subj ect to annual renewal upon
the written application to the Development Services Department. Subject to other provisions
ofthis Article. a licensee under this Article shall be entitled to a renewal of his or her annual
license from year to year. as a matter of course. by October 1 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 as 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 forth in
Section 21-520.11.
illl Expiration. A license that is not renewed under this Article by October 1 of each year
shall expire. An expired license may be renewed by November 30 of the same year upon
presentment of an affidavit stating that no adult entertainment activity has taken place at the
establishment subsequent to expiration and upon payment of a penalty of ten percent of the
appropriate license fee for the month of October. or fraction thereof. and an additional
penalty of five percent ofthe appropriate license fee for the month of November. or fraction
thereof. Any application for renewal of a license under this Article received by the
Development Services Department after November 30 ofthe same year of its expiration shall
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June 21, 2007
be treated as an initial application for a license as set forth in Section 21-520.03.
lID.. Cancellation. All expired licenses not renewed by November 30 shall be summarily
canceled by the Development Services Department.
.a:L Reports and records. Each licensee shall keep such records and make such reports
as may be required by the Development Services Department and other departments to
implement this Article and to carry out its pu:r:pose. Whenever the information required by
or provided under subsection 21-520.03(b) has changed. the licensee shall promptly report
the change to the Development Services Department.
(Ql Consent. By holding a license under this Article. the licensee shall be deemed to have
consented to the provisions ofthis Article and to the exercise by the Development Services
Department and other departments of their responsibilities under this Article.
21-520.07- Annual fee.
@ Levy. The following annual license fees are hereby levied under this Article for an
adult entertainment establishment:
ill Adult bookstore: $750.00.
ill Adult theater. as follows:
~ Having adult booths: $35.00 for each booth.
h:.- Having a hall or auditorium: $3.50 for each seat.
f.:.... Having an outdoor area designed to permit viewing by customers
seated in vehicles: $3.50 for each parking space.
d. Having a combination of subsections (2)a. (2)b and/or (2)c: the
cumulative license fee applicable to each under such subsections.
ill Adult motel: $750.00.
ill Adult-performance establishment: $750.00.
ill Commercial physical-contact parlor: $750.00.
(Q) Escort service: $750.00.
ill} Regulatory fees. The annual license fees collected under this Article are declared to
be regulatory fees collected for the purpose of examination and inspection of adult
entertainment establishments under this Article and the administration thereof. These
regulatory fees are in addition to and not in lieu of the occupational-license taxes imposed
by other ordinances.
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21-520.08- Transfer.
(A) Requirements. An adult entertainment license is not transferable to another person
by surrendering possession. control or operation of the licensed establishment. An adult
entertainment license may be transferred to another person only upon satisfaction of the
following requirements:
ill Application is made to the Development Services Department for a license
transfer setting forth the information called for under Section 21-520.03.
ill 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:
ill A transfer fee of ten percent of the annual license fee is paid: and
ill A transferred license has been issued by the Development Services
Department.
ill Effect of susvension or revocation procedures. No license may be transferred
pursuant to subsection (a) of this Section when the Development Services Department has
notified the licensee that suspension or revocation proceedings have been or will be brought
against the licensee.
(Q No transfer to a different location. A licensee shall not transfer his or her license to
another location.
.an Attempted improper transfer void. Any attempted transfer of a license. either directly
or indirectly. in violation of this Section is hereby declared void.
21-520.09- Chan2ine 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:
on PaYment to the Development Services Department of a $10.00 change-of-name fee:
and
(Q Compliance with F.S. & 865.09. regarding fictitious names.
21-520.10- Suspension and revocation.
(A) General/v.
ffi Violation of building. fire. health or zoning statute. code. ordinance or
regulation. If a department learns or finds upon sufficient cause that a licensed adult
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June 21, 2007
entertainment establishment is operating in violation of this Article. the department
shall promptly notify the licensee of the violation and shall allow the licensee a
seven-day period in which to correct the violation. If the licensee fails to correct the
violation before the expiration of the seven-day period. the department shall notifY
the Development Services Department. who shall forthwith suspend the license. and
shall notify the licensee ofthe suspension in writing. The suspension shall remain in
effect until the department which reported the violation notifies the Development
Services Department in writing that the violation of the provision in question has
been corrected.
ill Illef!al transfer. If the Development Services Department learns or finds upon
sufficient cause that a licensee engaged in a license transfer contrary to Section 21-
520.08. the Development Services Department shall forthwith suspend the license
and notify the licensee of the suspension in writing. The suspension shall remain in
effect until the Development Services Department is satisfied that the requirements
of subsection 21-520.08(A) have been met.
ffi Effective date of suspension. All periods of suspension shall begin ten days
after the date on which the Development Services Department mails the notice of
suspension to the licensee or the date on which the licensee delivers the license to the
Development Services Department. whichever occurs first.
lID Revocation.
ill False information. If the Development Services Department receives evidence
that a license was granted. renewed or transferred based upon false information.
misrepresentation of facts or erroneous information. the Development Services
Department shall forthwith revoke the license and notify the licensee of the
revocation.
ill Effect of final revocation. If a license is revoked. the licensee of the adult
entertainment establishment shall not be allowed to obtain another adult
entertainment license for a period of one year. and no adult entertainment license
shall be issued again to any other person for the location upon which the adult
entertainment establishment was situated.
{Q Effective date of suspension or revocation. The suspension or revocation of a license
shall take effect the day after delivery of a notice of final suspension or revocation to the
licensee in person. or by mail to the licensee's record address. or on the date the licensee
surrenders the license. whichever happens first. The licensee shall immediately return and
surrender a revoked license to the occupational licensing: department or surrender the revoked
license. upon demand. to the Development Services Department. A suspension or revocation
shall be abated during an appeal ofthe Development Services Department's ruling to the City
Council until the day following the decision of the Council.
.an Suspension and revocation proceedings.
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June 21, 2007
ill.. Challenge to suspension or revocation. If the Development Services
Department notifies a licensee in writing ofthe pending suspension or revocation of
a license. then the suspension or revocation shall become final and effective ten (10)
days after mailing to the licensee's record address or actual delivery of the notice to
the licensee. unless the licensee first files with the Development Services Department
a written response stating the reasons why the suspension or revocation is alleged to
be in error or inappropriate and a written notice of intent to challenge the suspension
or revocation requesting a hearing before the City Council to determine whether the
suspension or revocation will become effective.
@ Hearing on suspension or revocation.
~ 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 City Council. The Development
Services Department shall notify the City Attorney and any appropriate City
staff. who shall schedule and provide notice of the hearing.
1!:.- 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 a public building. and shall be quasi-iudicial in nature.
~ The participants before the City Council shall be the licensee. any
witnesses ofthe licensee. City staff. any interested members of the public and
any witnesses of the interested members of the public. Any interested
member of the public who participates at the hearing shall provide a mailing
address to the City Council.
~ The licensee and any witnesses of the licensee shall be limited to a
total of30 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.
~ Testimony and evidence may be submitted by any witness but shall
be limited to matters directly relating to the grounds for suspension or
revocation. Irrelevant. immaterial or unduly repetitious testimony or evidence
may be excluded.
L 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:
L The licensee and any witnesses of the licensee.
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June 21, 2007
L Interested members of the public and their witnesses. if any.
L City staff and any witnesses.
1:.- Rebuttal witnesses from the licensee.
~ Rebuttal witnesses from City staff.
~ Summation by the licensee.
L Summation by City staff.
&.... The City Council may also call and question witnesses or request
additional evidence as the City Council deems necessary and appropriate.
~ 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.
L If the City Council comes to believe that any 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.
1. The City Council shall render a written decision determining whether
the suspension or revocation will become or remain effective within ten (10)
days after the conclusion of the suspension or revocation hearing.
m Filing of decision. The original of the written decision of the City Council
shall be filed with the Development Services Department. and copies shall be
provided to the licensee and to any interested member of the public who participated
at the hearing.
ill- Notice of final suspension or revocation. If no response or request for a
suspension or revocation hearing is filed within ten (10) days of the notice of a
pending suspension or revocation by the Development Services Department. or if the
licensee who requested the hearing does not appear at the revocation hearing after
notice. the suspension or revocation shall become final.
21-520.11- Judicial Review
Within thirty (30) days of an affirmation by the City Council of a denial of an initial
or renewal application. or affirmation by the City Council of a suspension or revocation of
a license by the Development Services Department. the applicant or licensee may seek
prompt iudicial review of such administrative action by filing a petition for writ of certiorari
with the Seventh Judicial Circuit of the State of Florida. The appellate record before the
circuit court shall consist of the complete record ofthe proceedings before the City Council.
Judicial review shall be available only after the administrative remedies set forth in this
Article have been exhausted.
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June 21, 2007
SECTION 21-530- ZONING AND DISTANCE RESTRICTIONS
21-530.01- Prohibited locations.
fA} No person or entity shall propose. cause or permit the operation of. or enlargement
of. an adult entertainment establishment that would or will be located within. 1.000 feet of
a preexisting adult entertainment establishment. within 500 feet of a preexisting commercial
establishment that in any manner sells or dispenses alcohol for on-premises consumption.
within 500 feet of a preexisting religious institution. within 500 feet of a preexisting park.
or within 2.500 feet of a preexisting educational institution. In this subsection the term
"enlargement" includes. but is not limited to. increasing the floor size of the establishment
by more than ten percent.
.cID. In addition to the distance requirements set forth in subsection ( A) ofthis Section. an
adult entertainment establishment shall not be allowed to open anywhere except in the 1-1
district (with the exception of parcels having frontage on Park Avenue) where adult
entertainment establishments are an expressly permitted use. No adult entertainment
establishment shall be allowed to open in violation of Section 847.0134. Florida Statutes.
unless otherwise permitted in subsection (A) of this Section.
(Q The distance requirements of subsection (A) are independent of and do not supersede
the distance requirements for alcoholic beverage establishments which may be contained in
other laws. rules. ordinances or regulations.
21-530.02- Measurement of Distance.
The distance from a proposed or existing adult entertainment establishment to a preexisting
adult entertainment establishment. a preexisting religious institution. a preexisting educational
institution. a preexisting park or a preexisting commercial establishment that sells or dispenses
alcohol for on-premises consumption shall be measured bv drawing a straight line between the
closest property lines of the proposed or existing adult entertainment establishment and the other
establishment. use or operation.
21-530.03- Nonconformine Uses.
(A) An adult entertainment establishment which. on April 1. 2007. was located on a site
which is prohibited by this Section. shall cease operations by October 1. 2020.
.cID. When a nonconforming use of an adult entertainment establishment has been
discontinued. whether voluntarily or involuntarily. for 90 consecutive days or more. the
nonconforming use shall be deemed abandoned and the future use of the premises or site
shall revert to only those uses permitted on the site on which the establishment is located.
21-530.04- Variances.
The Planning and Zoning Board is authorized to grant a variance from the distance
requirements of this division. pursuant to the procedures and criteria for other variance requests as
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2007-0-_
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June 21, 2007
set forth in the land development regulations.
SECTION 540- GENERAL OPERATIONAL RULES
21-540.01- General Reauirements for All Adult Entertainment Establishments.
Each adult entertainment establishment is subiect to all ofthe following general requirements
and shall:
ill Conform to all applicable building. fire. health. zoning and land use statutes. codes.
ordinances and regulations. whether federal. state or local.
all 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.
(Q. In order to protect surrounding residential neighborhoods from excessive noise during
business hours. ensure that no doors or windows of the establishment are left open for an
extended period of time.
.em On the first Monday of each month. provide the police department with a report of
all persons who are workers. or who were workers at the establishment or for the adult
entertainment business during the previous month. which report shall contain the actual legal
name. proof of age. position and stage name. if any. for each such worker.
lID Provide prior notification to the chief of police or the chief's designee of parties or
events of a private nature which utilize the dancers within the establishment or at other
locations within the community. thereby ensuring that such parties or events meet all City
requirements pertaining to adult entertainment and that no special entertainment permit or
license is required for such activity.
ID Keep the adult entertainment license posted in a conspicuous place at the
establishment available for inspection by the public at all times.
{ill Cover opaquely each window or other opening through which a person outside the
establishment may otherwise see inside the establishment.
.on Maintain all exterior walls and surfaces ofthe establishment. excluding signs. a single
achromatic or light pastel color. and maintain all awnings. canopies. window shutters.
window treatment or other trim the same color or a single different shade of the same
achromatic or light pastel color. The trim color shall not exceed 20 percent of the entire
exterior surface ofthe building. Nothing in this subsection shall be construed to require the
painting of an otherwise unpainted exterior portion of an establishment such as brick or
stone.
ill Install a minimum of four l75-watt mercury-vapor or sodium lighting fixtures for the
rear parking lot and any adiacent motel area.
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ill Install. construct. keep. maintain or allow only those signs at the establishment which
comply with the City sign ordinances and the provisions of this subsection.
ill No sign shall contain any flashing lights. photographs. silhouettes. drawings
or pictorial representations of any manner. except for the logo of the establishment.
provided the logo shall not contain any specified anatomical areas. or any portion of
a male or female form at or below the clavicle; and
ill No sign shall contain in the name or logo of the establishment. or otherwise.
any words or material which depict. describe. reference or infer in any manner. sexual
activities. specified anatomical areas or the display of specified anatomical areas.
(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:
{A} If an adult theater contains a hall or auditorium area. the area shall have:
ill Individual separate seats. not couches. benches or the like. to
accommodate the number of persons allowed to OCCUpy the area;
ill 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;
ill A sign 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
ill Sufficient illumination so that persons in all areas of the auditorium
can be seen.
ill} If an adult theater contains adult booths. each adult booth shall have:
ill A sign posted in a consr>icuous 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;
ill A permanently open entrance not less than 32 inches wide and not less
than six feet high. which entrance shall not have any curtain rods. hinges.
rails or the like which would allow the entrance to be closed or partially
closed by a curtain. door or other partition;
ill Individual. separate seats. not couches. benches or the like. which
correlate with the maximum number of persons who may occuPy the booth;
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June 21, 2007
ill A well-illuminated continuous main aisle alongside the booth in order
that each person situated in the booth shall be visible from the aisle at all
times:
ill Except for the entrance. walls or partitions of solid construction
without any holes or openings in such walls or partitions: and
@ Illumination by a lightbulb of no less than 25 watts.
{Q If an adult theater is designed to permit outdoor viewing by persons seated in
automobiles. it shall have the motion-picture screen so situated. or the perimeter of
the establishment so fenced. that the material to be seen bv those customers may not
be seen by other persons from any public right-of-way. property zoned for residential
use. religious institution. educational institution or park.
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 requirements:
!A} Have a stage provided for the display or exposure of anv specified anatomical area
by a worker to a customer consisting of a permanent platform. or other similar permanent
structure. raised a minimum of 18 inches above the surrounding floor and encompassing an
area of at least 100 square feet: and
ill} Any area in which a private performance occurs shall:
ill Have a permanently open entrance not less than 32 inches wide and not less
than six feet high. which entrance shall not have any curtain rods. hinges. rails or the
like which would allow the entrance to be closed or partially closed by a curtain. door
or other partition: and
ill Have a wall-to-wall. floor-to-ceiling partition of solid construction without
any holes or openings. which partition may be completely or partially transparent. and
which partition separates the worker from the customer viewing the private
performance.
The requirements ofsubsections(A) and(B) ofthis Section shall not apply to any adult-performance
establishments in operation on the adoption date of Ordinance Number 14-95 (April 11. 1995),
Notwithstanding this provision. all adult-performance establishments--whether or not in operation
on the adoption date of Ordinance Number 14-95 (April 11. 1995)--must comply with
subsections(A)and(B) of this Section on or before midnight. October 1. 2020.
21-540.04- Adult Bookstores.
In addition to the general requirements for an adult entertainment establishment contained
above. an adult bookstore shall not display merchandise or adult material in a manner that allows
such merchandise or adult material to be visible from outside the structures at the establishment.
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June 21, 2007
21-540.05- Commercial Physical-Contact Parlors.
In addition to the general requirements for an adult entertainment establishment contained
above. a commercial physical-contact parlor shall comply with the following special requirements:
fA} Operate only from a fixed physical commercial location at which are
displayed its adult entertainment license and all other required occupational licenses.
au Provide clean linen and towels for each customer without any reuse oftowels
or linens without relaundering: provided. however. that heavy white paper may be
substituted for sheets. provided that such paper is used only for one customer. then
discarded into a sanitary receptacle.
{Q Provide closed cabinets for the storage of clean linen. towels and other
materials used in connection with administering commercial physical contact.
@ Disinfect and sterilize all nondisposable instruments and materials after use
on each customer.
lID Require each worker to wear a clean outer garment in the nature of a surgical
gown when providing commercial physical contact. and during all other times during
working hours conceal. with a fully opaque covering. all specified anatomical areas
of his or her body.
.eEl Inform each customer. in his or her customer contract. that he or she must
cover his or her specified anatomical areas by a towel. cloth. robe. undergarment.
swimsuit or other similar fully opaque material while in the presence of a worker.
{ill Not permit. suffer or allow any animal. except a seeing-eye guide dog. to be
on the premises of the commercial physical-contact parlor.
an If male and female customers are to be served simultaneously. provide two
separate work areas for commercial physical contact. one for males and the other for
females.
ill Configure all work areas where commercial physical contact is to be provided
so that the areas are readily visible at all times from common areas of the
establishment outside of the work areas.
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:
fA} If offering or providing escorts within the City. an escort service must notify
the occupational licensing department of an authorized physical commercial location.
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June 21, 2007
which mayor may not be within the Citv. from which the escort service operates and
dispatches escorts.
an Include in all advertising or promotional literature posted. placed. published
or distributed within the City the number of a valid adult entertainment escort-service
licenses issued by the occupational licensing department. unless the escort service
does not refer. send or dispatch escorts to any location within the iurisdictionallimits
of the City.
9 Ensure that every escort and worker of an escort service is provided or
obtains. carries while working as an escort and displays upon the request of any law-
enforcement officer an occupational license to engage in the occupation of escort
within the City. An escort or worker of an escort service who is a paid employee for
whom taxes and social security payments are withheld and paid by the escort service.
and who is not an independent contractor. may substitute and carry a copv of the
adult entertainment escort-service license of the employing escort service.
21-540.07- Records and Inspection of Records.
!Al An adult entertainment establishment shall maintain a worker record for each worker
who currently works or performs at the establishment. and for each former worker who
worked or performed at the establishment during the preceding one-year period. The worker
record shall contain the current or former worker's full legal name. including any aliases.and
proof of age of worker.
an An operator of the establishment shall. upon request bv a law enforcement officer
when the establishment is open for business. immediately make available for inspection the
originaL or the true and exact photocopies. of each of the records set forth in subsection (A).
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.
21-550.02- Operation without valid adult entertainment license.
It shall be unlawful for any person to be an operator of an adult entertainment establishment
when:
!Al The establishment does not have a valid adult entertainment license for each
applicable classification:
an The license of the establishment is under suspension:
(Q) The license of the establishment has been revoked or canceled: or
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June 21, 2007
{ill The establishment has a license which has expired.
21-550.03- Workine at Unlicensed Establishment.
It shall be unlawful for any person to act as a worker of an adult entertainment establishment
that he or she knows or should know does not have a valid license under this Article. or which has
a license which is under suspension. has been revoked or canceled. or has expired. or which does not
have each applicable adult entertainment license conspicuous Iv displayed.
21-550.04- Operation Contrary to Certain Provisions.
It shall be unlawful for any person to be an operator of an adult entertainment establishment:
{A} Which does not satisfy all of the general requirements of subsection 21-
540.01(Ct CD) or (E)~
.em. Which is an adult theater and does not satisfy all ofthe special requirements
of Section 21-540.02~
{Q Which is an adult-performance establishment and does not satisfy all ofthe
special requirements of Section 21-540.03 ~
{ill Which is an adult bookstore that does not satisfy all of the special
requirements of Section 21-540.03~
lID Which is a commercial physical-contact establishment that does not satisfy
all ofthe special requirements of Section 21-540.05~
ill Which is an escort service that does not satisfy all ofthe special requirements
of Section 21-540.06~ or
(ill While the entrance or exit of the establishment is locked when a customer is
inside the establishment.
21-550.05- Prohibited Acts.
It shall be unlawful for a worker of an adult entertainment establishment to commit any of
the following acts or for an operator of an adult entertainment establishment to knowingly or permit.
suffer or allow any worker to commit any of the following acts:
{A} Engage in a straddle dance with a person at the establishment:
.em. 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:
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June 21, 2007
@ Engage in public nudity as defined in Section 21-500.01 at the establishment
(ID 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).
ill Display or expose specified anatomical areas at an establishment where
alcoholic beverages are sold. offered for sale or consumed;
ill) Display or expose any specified anatomical area while simulating any
specified sexual activity with any other person at the establishment
an Engage in a private performance unless such worker is in an area which
complies with the requirements of subsection 21-540.030) and (2);
ill Intentionally touch any person at the adult entertainment establishment while
engaged in the display or exposure of any specified anatomical area; or
ill 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.
Notwithstanding any provision indicating to the contrary. it shall not be unlawful for any worker or
operator of an adult entertainment establishment to expose any specified anatomical area during the
worker's or operator's bona fide use of a restroom. or bona fide use of a dressing room which is used
and occupied only by other workers or operators.
21-550.06- Touchine of Workers Prohibited.
fAl It shall be unlawful for anv person in an adult entertainment establishment to
intentionally touch a worker who is displaying or exposing any specified anatomical area at
the adult entertainment establishment.
ill} It shall be unlawful for any person in an adult entertainment establishment to
intentionally touch the clothed or unclothed breast of a worker. or to touch the clothed or
unclothed body of a worker at any point below the waist and above the knee of the worker.
21-550.07- Advertisin!! Prohibited Activity.
It shall be unlawful for an operator of an adult entertainment establishment to advertise.
encourage or promote any activity prohibited by this Article or any applicable state statute or
ordinance.
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. permit. suffer or allow a person under 18 years of age to:
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June 21, 2007
{t\} Enter or remain in the establishment
lID. Purchase goods or services at the establishment or
({J Work or perform at the establishment as a worker.
21-550.09- Failure to Maintain Required Records and Licenses.
{t\} It shall be unlawful to be an operator of an adult entertainment establishment at
which the license required by the licensing provisions ofthis Article and each record required
by the general operational rules of this Article. are not made available for inspection by a law
enforcement officer upon request when the establishment is open for business.
lID. It shall be unlawful to be a worker of an adult entertainment establishment who fails
to obtain. carry and display upon demand of a law enforcement officer. while working in the
adult entertainment occupation. an occupational license for the adult entertainment
occupation in which the worker is engaged.
({J It is an affirmative defense and subsection (b) of this Section does not apply to a
worker of an adult entertainment establishment who is a paid employee for whom taxes and
social security payments are withheld and paid to the federal government by the adult
entertainment establishment. and who is not an independent contractor. except an employee
who is an escort working away from the establishment premises who shall then be required
to obtain. carry and display to a law enforcement officer. upon demand. a copy of the adult
entertainment license of the employing escort service.
21-550.10- Exceedine: 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 of2:00 a.m. and 9:00 a.m. of any day for:
{t\} An operator of an adult entertainment establishment to allow such
establishment to remain open for business. or to allow. suffer or permit anv worker
to engage in a performance. solicit a performance. make a sale. solicit a sale. provide
a service or solicit a service.
lID. A worker of an 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 any person. except the occupational licensing department. to alter or
otherwise change the contents or appearance of an adult entertainment license.
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2007-0-_
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June 21, 2007
21-550.13- False or Misleadin~ Statement in Required Documents.
It shall be unlawful for any person applying for an adult entertainment license pursuant to the
licensing provisions in division 3 of this Article to make a false or misleading statement or provide
false or misleading information which is intended to facilitate the issuance of a license on the
application required by this Article. to provide false information in the monthly reports required by
this Article or to falsify the records reQuired by this Article.
21-550.14- Solicitation or Personal Advertisin~.
It shall be unlawful for any worker of an adult entertainment establishment pursuant to the
licensing provisions of this Article. while situated outside any structure on the site of the adult
entertainment establishment. or while the worker is situated at a place at the adult entertainment
establishment where the worker is visible from any public right-of-way or sidewalk. to display or
expose specified anatomical areas or engage in personal advertising. pandering or solicitation.
whether passive or otherwise. on behalf of the worker. any other worker or the adult entertainment
establishment. "Personal advertising" includes. but is not limited to. sitting or standing outside any
structure on the site of the adult entertainment establishment. gesturing. waving. repeatedly speaking
in a raised tone of voice or otherwise encouraging or enticing potential customers beyond the adult
entertainment establishment to enter the adult entertainment establishment. Additionally. it shall be
unlawful for an operator or any worker to suffer. permit or allow any door that is visible from a
public right-of-way or sidewalk to be opened or remain opened except when a person is entering or
exiting the establishment.
21-550.15- Allowint: Customers to Eneaee in Specified Sexual Activity.
It shall be unlawful for a worker of an adult entertainment establishment to knowingly. or
with reason to know. permit. suffer. entice or allow a customer to engage in any specified sexual
activity at the establishment while remaining in the presence of the worker.
21-550.16- Prohibited Acts bv Customers at Adult Entertainment Establishments.
It shall be unlawful for any customer of an adult entertainment establishment (commercial
physical-contact parlor or escort service) to do any ofthe following acts or for a worker or operator
of a adult entertainment establishment to knowingly suffer. permit. aid. assist or allow a customer
to do any of the following acts:
{A} Touch. massage or manipulate. directly or indirectly. the body of any worker
of the adult entertainment establishment:
.all Touch. massage. manipulate. display or expose any of the customer's own
specified anatomical areas: or
(Q Engage in any specified sexual activity while in the presence of a worker of
the adult entertainment establishment.
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2007-0-_
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June 21, 2007
21-550.17- Prohibited Acts by Commercial Physical-Contact Parlor Workers.
It shall be unlawful for a worker of a commercial physical-contact parlor to commit any of
the following acts or for an operator of a commercial physical-contact parlor to knowingly or with
reason to know. permit. suffer. aid. assist or allow any worker to commit any of the following acts:
tAl Fail to. while engaged in providing commercial physical contact. wear a clean
outer garment in the nature of a surgical gown:
ill} Display or expose specified anatomical areas to a customer at a commercial
physical-contact parlor:
(Q Fail to require all customers to cover their specified anatomical areas by a
towel. cloth. robe. undergarment. swimsuit or other similar fully opaque material at
all times while in the presence of a worker:
ill) Perform commercial physical contact on a customer while not on the premises
of a commercial physical-contact parlor licensed under this aArticle:
lID Engage in. or offer to engage in. any escort services in relation to the
commercial physical-contact parlor:
{fl Solicit or require a customer to remove any item of clothing as a prerequisite
to providing commercial physical contact: or
{ill Solicit a tip or gratuity in exchange for a promise or suggestion of any act or
enhanced service.
21-550.18- Prohibited Acts by Escort-Service Workers.
It shall be unlawful for a worker of an escort service to commit any of the following acts or
for an operator of an escort service to knowingly or with reason to know. permit. suffer. aid. assist
or allow any escort or escort-service worker to commit any ofthe following acts:
tAl Entering a hotel. motel or other transient place of lodging for the purpose of
meeting or serving a customer without immediately meeting with the front-desk or
reception-area personnel and doing each of the following:
ill Providing the time of arrival and the estimated time of departure:
ill Presenting a copy of the escort service's adult entertainment license
and the escort's occupational license: and
ill Identifying himself or herself. identifYing the escort service that sent
him or her. stating the name ofthe customer he or she is meeting or servicing.
and the location of the meeting. including any applicable room number: and
noti~ng the front-desk or reception-area personnel upon departing the
premIses.
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2007-0-_
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June 21, 2007
au Distributing. placing. posting or leaving any unsolicited business cards.
advertisements or promotional material on or within the premises of any other
business.
(Q Beginning a meeting or service with a customer between 10:00 p.m. any day
of the week and 9:00 a.m. of the following day.
ill.) Beginning a meeting or service with a customer without first meeting such
customer in a public place such as a bar or restaurant before accompanying the
customer to any place which is not open and occupied by the public. such as a hotel
room or residence.
lID. Displaying or exposing specified anatomical areas to a customer of an escort
servIce.
.eEl Requiring. enticing or soliciting a customer to remove any item of clothing.
{ill Soliciting a tip or gratuity from a customer in exchange for a promise or
suggestion of any 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
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 competent jurisdiction, 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 competent jurisdiction, such holding shall not
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2007-0-
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June 21, 2007
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
and Second by
, the vote on the first reading ofthis ordinance held on
,2007
is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion to approve by
and Second by
, the vote on the second reading ofthis ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
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2007-0-
46
June 21, 2007
PASSED AND DULY ADOPTED this _ day of
,2007.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Susan J. Wadsworth
City Clerk
Robin L. Matusick
Paralegal
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
Approved by the City Council of the City of
Edgewater at a meeting held on this _ day
of , 2007 under Agenda Item No.
7
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2007-0-_
47
June 21, 2007
Exhibit "A"
Zonin!!: District Title Cate!!:orv Purpose 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- (1.0 to 4.0 units/net acre) min. 12,000 sq. ft. lot.
SF Residential R-2 Single family residential - (1.0 to 4.0 units/net acre) min. 10,000 sq. ft. lot
SF Residential R-3 Single family residential - (1.0 to 4.0 units/net acre) min. 8,625 lot.
MF Residential 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 passive 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 -
See Article V, Section 21-58 for details.
Residential Professional RP Intended for office professional along SR#442 and a rezoning must be
Office accompanied by a site plan.
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 parcel.
Neighborhood Business B-2 Intended for retail goods and services for frequent residential needs -
min. 10,000 Sq. 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.
parcel size.
Tourist Commercial B-4 Intended for short term waterfront accommodations for visitors and
accessory uses, may include residential mixed use - min. 2 acres.
Business Planned Unit BPUD Intended for mixed commercial and limited multifamily residential with a
Development single development plan -15 acre min. parcel - Details in
Article V, Section 21-58.
Light Industrial I-I Intended for storage, light manufacturing, wholesaling and distribution
uses and adult entertainment - no min. parcel size.
Heavy Industrial 1-2 Intended for heavy manufacturing uses - no min. parcel.
Industrial Planned Unit IPUD 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
or hold zoning intended for future urban development.
Employment EC/CC Intended to aIlow a mix of uses to satisfy varying degrees of intensity
Center/Community Center and balance the residential and non-residential needs of the City.
TABLE 111-2
ZONING DISTRICT DESCRIPTIONS
Rev 6-07 (LandDevelopmentCode)
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Exhibit "A"
TABLE 111-3 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.
1. 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 #442. See Section 21-34.14 for
details.
Rev 6-07 (LandDevelopmentCode)
1II-10
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 1-1 (Light Industrial) zoning district with the
exception of properties with frontage on Park Avenue.
SECTION 21-34 - SPECIAL USE REQUIREMENTS
The following uses are subject to the special restrictions described below in addition to the
applicable natural resource standards described in Article IV and the project design standards
described in Article V.
21-34.01 - Home Occupations
The purpose of this Section is to provide criteria under which a home occupation may operate in
the City's residential districts. The Home Occupational License is designed to allow for office
type uses within a residence. No home occupational license shall be issued unless the City
determines the proposed home occupation (business) is compatible with the criteria shown
below:
a. The use must be conducted by a member, or members, of the immediate family residing on
the premises and be conducted entirely within the living area of the dwelling unit, not to
exceed twenty percent (20%) of the dwelling unit space (excluding garage/carport) for the
home occupation.
b. No manufacturing, repamng, storing, or other uses that are restricted to commercial and
industrial districts are allowed.
c. No chemicals/equipment, supplies or material, except that which 1S normally used for
household domestic purposes, shall be used or stored on site.
Rev 6-07 (LandDevelopmentCode)
III-II
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
OWNER: Trajan Joe Sfera
APPLICANT/AGENT: Karavan Trailers - Dave Meilahn
REQUESTED ACTION: Conditional Use to allow a Manufacturing Facility (Karavan Trailers) to be
permitted in the B-3 (Highway Commercial) zoning district
PROPOSED USE: Construction of a 44,800 square foot warehouse/manufacturing building.
LOCATION: Relocation Road, west of U.S. Highway 1
AREA: :!: 6.33 acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desil[nation Zoninl[ District
North Man ufacturing Volusia County - Industrial Volusia County 1-4 (Industrial
Facility - Vacant Park)
East Commercial - Volusia County - Volusia County B-4
Restaurant Commercial/Industrial (General Commercial)/I -3W
(Waterfront Industrial)
South Commercial - Volusia County - Commercial Volusia County B-4 (General
Restaurant and City of Edgewater Low Commercial) and City of
Density Residential Edgewater RPUD (Residential
Planned Unit Develooment)
West Vacant City of Edgewater - Industrial City of Edgewater 1-1 (Light
Industrial)
Land Use Compatibility: Development of a 44,800 square foot warehouse/manufacturing building is
compatible with the current commercial and industrial land usage along US Highway 1.
Other Matters: Prior to development, the Technical Review Committee must approve the proposed
site plan.
STAFF RECOMMENDATION:
Staff recommends approval of the request for a conditional use to allow a Manufacturing Facility
(Karavan Trailers) to be permitted in the B-3 (Highway Commercial) zoning district
MOTION:
Motion to approve the following request for a conditional use to allow a Manufacturing Facility
(Karavan Trailers) to be permitted in the B-3 (Highway Commercial) zoning district
G:\Pat\P&Z\Staffreports\2007\CU-0703 - Karavan trailers.doc
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CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
OWNER: Trajan Joe Sfera
APPLICANT/AGENT: Karavan Trailers - Dave Meilahn - SP 0709
REQUESTED ACTION: Review site plan in accordance with Section 21-85.04 (e) (6) and
21-93.03 (e) of the City of Edgewater Land Development Code.
PROPOSED USE: Construction of a 44,800 square foot warehouse/manufacturing building.
LOCATION: Tax Parcel Identification Number 8424-00-00-0041
AREA: :f: 6.33 acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Manufacturing Volusia County - Industrial Volusia County 1-4
Facility - Vacant (Industrial Park)
East Commercial - Volusia County- Volusia County B-4
Restaurant Commercial/Industrial (General Commercial)/1-3W
(Waterfront Industrial)
South Commercial - Volusia County- Volusia County B-4
Restaurant Commercial and City of (General Commercial) and
Edgewater Low Density City of Edgewater RPUD
Residential (Residential Planned Unit
Development)
West Vacant City of Edgewater - City of Edgewater 1-1 (Light
Industrial Industrial)
Background: A Technical Review Committee (TRC) pre-application was held on March 13,
2007 to discuss this proposed project. The site was originally:f: 12 acres in size. On June 6,
2007 a lot split was approved by the City of Edgewater to create a :f: 6.33 acre lot for this
project. A conceptual site plan has been turned in for the purposes of presentation to the
City Council. A full site plan has not yet been submitted to the Development Services
Department for review.
staff report p& z
Created by jdanigel
Land Use Compatibility: Development of a 44,800 square foot warehouse/manufacturing
building is compatible with the current commercial and industrial land usage along US
Highway 1.
Adequate Public Facilities: This site is located in the City of Edgewater sewer service area
but is currently served a Volusia County lift station. Water service will be provided by the
City of Edgewater. City of Edgewater Department of Environmental Services has verified
that adequate capacity exists for both water and sewer services. This site will have access
to US 1 via Relocation Road. This segment of US 1 has a current level of service (LOS) of
"B". The adopted LOS for this road segment is "D". The proposed use will not exceed the
adopted LOS for Average Daily Trips or Peak Hour Trips. A traffic study, including traffic
generation numbers, must be provided prior to approval of the Site Plan.
Natural Environment: A Threatened and Endangered Species Assessment must be
provided during the site plan review process.
Other Matters: Prior to development, the Technical Review Committee must approve the
proposed site plan.
STAFF RECOMMENDATION:
Staff recommends sending a favorable recommendation to City Council for site plan
approval for 6.33 ::I:: acres of land located on the south side of Relocation Road, to be known
as Karavan Trailers.
MOTION:
Motion to send a favorable recommendation to City Council for site plan approval for 6.33 ::I::
acres of land located on the south side of Relocation Road, to be known as Karavan Trailers.
staff report p& z
Created by jdanigel
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159 W. GRANADA BLVD.
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