2011-O-13 Nair .0
ORDINANCE NO. 2011-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE I (IN
GENERAL), ARTICLE II (GARAGE SALES) AND
ARTICLE III (ALARM SYSTEMS); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 12 (Offenses and Miscellaneous Provisions) which includes: Article I (In
General); Article II (Garage Sales); Article III (Alarm Systems) and Article IV (Prostitution and
Fornication) reflects that there has been no update for quite some time and therefore this Chapter
is being modified for consistency.
2. During the 2011 Legislative session, various laws relating to local regulation of
firearms and ammunition were changed and will become effective on October 1, 2011.
Therefore, Section 12 -4 (Discharge of firearms) of Chapter 12 is being replaced with Section 12-
4 ( • _ . • - • . _ :, - : Prohibiting sale of cigarettes in automatic vending machines where
minors prohibited).
3. Article II (Garage sales) of Chapter 12 is hereby being modified for consistency
with current Codes.
NOW, THEREFORE, BE IT ENACTED by the People of the city of
Edgewater, Florida:
PART A. AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE I (IN
GENERAL), ARTICLE II (GARAGE SALES) AND
ARTICLE III (ALARM SYSTEMS) OF THE CODE OF
ORDINANCES FOR THE CITY OF EDGEWATER,
FLORIDA.
Chapter 12 (Offenses and Miscellaneous Provisions) is hereby modified to read as
follows:
Chapter 12 (Offenses and Miscellaneous Provisions), Code of Ordinances, City of
Edgewater, Florida is hereby modified as set forth in Exhibit "A ", which is
attached hereto and incorporated herein.
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PART B. 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 C. 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. If this 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 affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilman
Ignasiak, the vote on first reading of this ordinance which was held on August 15, 2011, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Ted Cooper X
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After Motion to approve by aUQLW. D&and Sectiod'Sy e
vote on second reading/public hearing of this ordinance vas as follows:
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
AYE NAY
x -
lA-ti.Jr-.n-I
Councilman Mike Ignasiak
Councilman Ted Cooper Q
PASSED AND DULY ADOPTED this 12th day of September, 2011
ATTEST:
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on this
Aaron R. Wolfe, Esquire 12th day of September, 2011 under Agenda Item
City Attorney H BC
Doran, Sims, Wolfe, Ansay& Kundid
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Nore EXHIBIT "A"
CHAPTER 12
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. IN GENERAL
Sec. 12 -1. Chewing gum or candy resembling prohibited drug or medicine.
(a) It shall be unlawful for any person to manufacture, distribute, sell or offer for sale within
the city any chewing gum or candy that is of a color, shape and size that resembles, or is a
facsimile of, any drug or medicine which is illegal to possess, or for which a prescription is
required by either federal or state law.
(b) Nothing contained herein, however, shall apply to any chewing gum or candy prescribed
or dispensed by a qualified physician for medicinal purposes.
Sec. 12 -2. Reserved.
Sec. 12 -3. Possession, sale, etc, of fireworks unlawful.
(a) Fireworks defined. The term "fireworks" shall mean and include any combustible or
explosive composition, or any substance or combination of substances, or, except as hereinafter
provided, any article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy
cannons in which explosives are used, the type of balloons which require fire underneath to
propel the same, fire - crackers, torpedoes, skyrockets, roman candles, daygo bombs, and smoke
bombs, and any fire -works containing any explosives or flammable compound or any tablets or
other device containing any explosive substance.
(b) Sparklers, toy pistols, toy guns, etc., permitted. The term "fireworks" shall not include
sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing .025
grains or less or explosive compound are used, providing they are so constructed that the hand
cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps
which contain less than .020 grains of explosive mixture, the sale and use of which shall be
permitted at all times.
(c) Violations. Any firm, co- partnership, corporation, or person who possess, sells or uses
fireworks within the city shall be guilty of a misdemeanor in the second degree and punishable as
provided by law.
S 12 A
vcrra -r. ,
(a) Generally. It shall be unlawful to dischargc any firearm or airgun, B.B. guy, or any toy
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discharging a firearm in tie performance of his duty; not to an • - - . : • : .
(b) Concealed weapons. It shall bc unlawful to carry any concealed weapons in thc city in
(e) . . ., •: ..
any firearm, B.B. gun, air or gas operated guns, darts, arrows or slingshots upon dogs, cats,
birds, squirrels or any othcr animal, with the intention of killing, injuring or inflicting pain on
Sec. 12 512 -4. Prohibiting sale of cigarettes in automatic vending machines where
minors permitted.
Cigarettes shall not be sold in automatic vending machines in establishments where minors are
permitted. It shall be unlawful for any person to place or allow the placement of an automatic
vending machine from which cigarettes are sold in any establishment where minors are
permitted.
Secs. 4-2-6 12 -5 — 12 -40. Reserved.
ARTICLE II. GARAGE SALES
See12 44Der-mitions;
(a) Garage sales shall mean and include all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage salc," "patio sale," "yard sale," or any casual sale of tangible personal property
public at large is or can bc made aware of the salc.
(b) Goods arc meant to include any goods, personal property, warehouse merchandise or
other property capable of being the object of a sale regulated hereunder.
(c) Person shall mcan and include individuals, partnerships, voluntary associations and
e-erper-atiens.
Sec. 12 42. Liccnse and fees.
It shall bc unlawful for any person to conduct a garage sale in thc city without first filing
so, to bc known as a "garage sale liccnsc." The fcc for such liccnsc shall bc $2.00.
Such liccnsc shall be issued to any one person only two timcs within a 12 month period
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`Me rr/
- - • - .. : • h thc clerk, pursuant to this article, shall bc as follows:
said sale.
(2) Name of owner of thc property on which said sale is to be conducted, and consent
(3) Location at which sale is to bc conducted.
(1) Number of days of sale (one or two).
(5) Datc and nature of any past sale.
. -, . .. . .. : .. . - .. -
or dates of such sale.
(7) Whcthcr or not applicant has been issued any othcr vendor's liccnsc by any local
tate or f d r - a l
The provisions of this article shall not apply to or affect the following persons or salts:
(1) Persons selling goods pursuant to an order or proccss of a court of competent
(2) Persons acting in accordance with thcir powcrs and duties as public officials.
(3) Any person selling or advertising for sale an item or items of personal property
which arc specifically named or described in the advertisement and which
Scc. 12 46. Parking.
Parking shall bc controlled by thc person obtaining the license to prevent congestion and
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Nor NW
Sec 12 47. Signs.
See. 12 48. Penalty.
Any person, association or corporation conducting any such sale without bcing properly
licensed therefor or who shall violate any of [thc] other tcrms and regulations of this article,
Code of Ordinances of the city.
Sees. 12 49 12 59. Reserved.
Sec. 12-41. Purpose.
The purpose of this article is to set certain requirements and criteria to regulate and
control all types of garage sales within the City of Edgewater.
Sec. 12-42. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Garage or yard sale are considered the same and means the sale of used household or
personal articles held on the seller's own premises. A garage sale operating for more than three
(3) days in duration, occurring more than two (2) times within a calendar year shall be
considered a flea market, whether indoor or open.
Indoor flea market means a market held in an open or sheltered area (not within a
building) where a group of individual sellers offer food and goods for sale to the public.
Person means any corporation, individual or members of a family residing in a household
conducting the sale.
Sec. 12 -43. Frequency and duration.
(a) Garage sales are permitted for no more than two (2) sales during a calendar year located
on the same occupied residential or non - residential property and such sales are limited to a
duration of three (3) days. Garage sales are prohibited between the hours of 7:00 p.m. and 7:00
a.m.
Sec. 12 -44. License and fees.
It shall be unlawful for any person to conduct a garage sale in the city without first filing
with the city the information hereinafter specified and obtaining from the city a license to do so,
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to be known as a "garage sre license." The fee for such license shy be established by the City
Council pursuant to the information contained in the appropriate fee resolution.
Sec. 12 -45. Information to be filed.
The information to be filed with the city, pursuant to this article, shall be as follows:
(a) Name of person, firm, group, corporation, association or organization conducting said
sale.
Name of owner of the property on which said sale is to be conducted and consent of
owner if applicant is other than owner.
( Location at which sale is to be conducted.
(d) Number of days for sale (one, two or three): not to exceed three (3).
Date and nature of any past sale.
(f) Relationship or connection applicant may have had with any other person, firm, group,
organization, association or corporation conducting said sale and the date or dates of such sale.
(g) Whether or not applicant has been issued any other vendor's license by any local, state or
federal agency.
(h) Sworn statement or affirmation by the person signing that the information therein given is
full and true and known to them to be so.
Sec. 12-46. Signs.
Signs notifying, directing and advertising the garage sale are permitted as follows:
(a) A maximum of one (1) on -site sign of not more than four (4) square feet shall be allowed
at the authorized sale location. The on -site sign shall be removed and disposed of within 24
hours after the conclusion of the garage sale.
(b) A maximum of two (2) off -site signs of not more than four (4) square feet shall be
allowed. All off -site signs can only be placed with the property owner's permission on private
residential property and located within '/2 mile of the authorized sale location. Signs may not be
displayed more than one (1) hour prior to the sale and shall be removed and disposed of within
one (1) hour after the conclusion of the garage sale. All signs must have date of sale affixed to
sign.
Signs placed in the right -of -way or signs found in violation of this section shall be
considered abandoned snipe signs and shall be removed as outlined in section 21.60 -04(a) of the
Land Development Code.
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Sec. 12 -47. Parking. *Iv
Vehicles at the garage sale shall be parked and conducted in compliance with all
applicable laws and ordinances. The permittee shall be responsible for enforcing such additional
temporary controls as are needed to alleviate any special hazards and /or congestion created by
the garage sale. Any officer of the City of Edgewater Police Department or Code Enforcement
Division, who determines a hazard exists, may suspend the sale immediately for the safety and
welfare of the general public.
Sec. 12 -48. Display of sale property.
fa) No property offered for sale during a garage sale shall be displayed outdoors except on
the driveway or other private property at least fifteen feet (15') from any right -of -way. No
property shall be displayed for sale upon any right -of -way.
(b) All unsold items must be stored within a fully enclosed structure at the conclusion of a
garage sale and shall be removed or packed in such a manner as not visible from any public
street or abutting properties.
Sec. 12 -49. Penalty for violation of article.
A violation of this article, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed $500.00. Penalties for violation of specific sections
of this article shall be established by resolution of the city council. If a person who has
committed the violation does not contest the citation, a civil penalty of less than the maximum
allowed will be assessed. Any citation may be contested in county court.
Secs. 12 -50 — 12 -59. Reserved.
ARTICLE III. ALARM SYSTEMS
Sec. 12-60. Purpose.
For the purpose of this article, the following words and phrases shall have the meanings
ascribed to them in this section:
Alarm means any device which is used in a building, place or premises for the detection of
unauthorized entry, burglary, fire, rescue or any other emergency activity and which when
activated emits a sound, signal or messaged to alert others, whether such sound, signal or
message is emitted on or off premises or to the central office of an alarm business.
Alarm business means any person engaged in the business of selling, leasing, maintaining,
servicing, repairing, altering, replacing, moving, or installing any alarm in or on any building,
place or premises.
Alarm user means any person using an alarm or occupying or controlling any building, place or
premises or portion of a building, place or premises served by an alarm.
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*saw , Npor
False alarm means the activation of an alarm through mechanical failure, malfunction, improper
installation, or other negligence of the alarm user that results in dispatch of police or fire
personnel. False alarms do not include an alarm signal caused by violent conditions of nature or
other extraordinary circumstances not subject to control by the alarm user.
Person means any firm, partnership, association, organization, bodies politic and corporate, and
any other group acting as a unit, as well as any individual.
Sec. 12 -62. Alarm permit registration required.
(a) Effective October 1, 1994, no person shall have an alarm installed to be operational or
use an existing alarm unless an alarm permit registration has been issued by the city authorizing
the use of such alarm.
(b) Any person who does not obtain the required alarm permit registration within thirty (30)
days of installation and/or activation shall be subject to a fine as established by resolution of the
city council. The city shall provide the alarm user and the owner of the real property on which
the building, place or premises served by the alarm is located written notice by regular mail of
the fine. The notice shall require payment within 30 days of the date of the notice and shall state
that it shall constitute a lien against the property if payment is not received within 30 days.
(c) If payment is not received within the thirty -day period, a lien against the property is
hereby created in favor of the city in the amount of the fine plus any recording fee, foreclosure
costs, other expenses including attorney's fees and simple interest at the rate of eight percent
from the date the lien is filed. Such lien shall be prior to all other liens on such property except
the lien of state, county and municipal taxes and shall be on a parity with the lien of such state,
county and municipal taxes.
(d) Such permit registration shall be in addition to any construction or building requirements
imposed pursuant to chapter 7.
Sec. 12 -63. Application for alarm permit registration.
(a) An application for an alarm permit registration shall be filed with the city. The
application shall be in such form and shall contain such information as shall be prescribed from
time to time by the city, but shall contain at least the following:
(1) Name, address and telephone number of the alarm user.
(2) Address and telephone number of the alarm user's building, place or premises
served by the alarm if different than that of the alarm user.
(3) The name, address and telephone number of the person or persons in charge of the
building, place or premises served by the alarm if different than the alarm user.
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(4) The name, tverdress and telephone number of the oTffer of the real property on
which the building, place or premises served by the alarm is located if other than
the alarm user.
(5) The name, address and telephone number of the person installing the alarm.
(6) The name, address and telephone numbcr of the person monitoring the alarm.
Building permit number.
(7) The name, address and telephone number of the person providing maintenance
and repair service to the alarm.
(b) An amended application shall be filed within ten days after any change in the information
provided in the original application.
(c) An alarm permit registration shall be denied if:
(1) The requested information is not supplied on the application.
(2) The requested information is incorrect.
(3) Any person listed on the application does not possess the occupational or
regulatory license required to conduct such activities.
Sec. 12 -64. Permit Registration issuance.
(a) All alarm permits registrations shall have a term of three years, such term to begin on
October 1 and end on September 30. Any permit issued after October 1 shall also expire on
September 30 of the third year regardless of the date of issuance.
(b) The fee for renewals shall be as established by the City Council pursuant to the
information contained in the appropriate fee resolution.
(b)fc) No alarm permit registration shall : - - .. - . . • .. - : cover more than one
building, place or premises.
Sec. 12 -65. Decal posting required.
Each alarm permit registration holder shall be issued a numbered alarm decal and an
expiration date sticker by the city which shall be displayed in a conspicuous place near the
entrance and visible from the outside of the premises. It shall be a violation of this article for any
person to display an expired permit decal.
Sec. 12 -66. Excessive false alarms declared a public nuisance.
(a) No person shall allow, permit, cause or fail to prevent the emission for any reason of
more than three false alarms within any six -month period by any alarm used by him or on
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property owned by him. i "YRie emission of more than three false Varms within any six -month
period is excessive, constitutes a serious public nuisance and shall be subject to the service
charges provided for in this article.
(b) Upon notice to the police chief or fire chief, an alarm user shall be given a 30 -day grace
period from the date the alarm is installed or a substantial change in the system is made during
which time false alarms will not be counted. Upon the filing of an amended application, any
response to a building, place or premises in which the alarm user has changed will be considered
a first response.
Sec. 12 -67. Service charges.
(a) Pursuant to the provisions of this section, effective May 1, 1994, an alarm user shall be
charged a service fee as established by resolution of the city council for response to excessive
false alarms by the police department and/or department of fire and rescue services. An initial
service fee shall be established for the first false alarm in excess of three false alarms in any six -
month period and an escalating fee for the second, third and each successive false alarm in any
six -month period.
(b) The police chief in the case of alarms responded to by the police department only and the
fire chief in the case of alarms responded to by the department of fire and rescue services shall
determine whether a false alarm has occurred and the frequency of such false alarms and reduc
such determination to writing.
(c) The decision of the police chief or the fire chief may be appealed by the alarm user to the
code enforcement board by filing a written notice of appeal with the secretary of the code
enforcement board within 30 days from the date the decision was rendered. The code
enforcement board shall provide an opportunity to appear, be heard and to present testimony or
evidence. Upon hearing all testimony and evidence, the board shall determine whether the alarm
was activated through mechanical failure, malfunction, improper installation, or other negligence
of the alarm user or was caused by violent conditions of nature or other extraordinary
circumstances not subject to control by the alarm user. The board shall inform the alarm user of
its decision at the meeting.
(d) The city shall provide the alarm user and the owner of the real property on which the
building, place or premises served by the alarm is located with written notice by regular mail of
the amount of any service charge owned to the city. The notice shall require payment within 30
days of the date of notice and shall state that it shall constitute a lien against the property if
payment is not received within 30 days.
(e) If payment is not received within the 30 -day period, a lien against the property is hereby
created in favor of the city in the amount of the service charge owed plus any recording fee,
foreclosure costs, other expenses including attorney's fees and simple interest at the rate of eight
percent from the date the lien is filed. Such lien shall be prior to all other liens on such property
except the lien of state, county and municipal taxes and shall be on a parity with the lien of such
state, county and municipal taxes.
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`„ r Noire
Sec. 12 -68. Automatic dialing prohibited; requirements for alarm business staffing and
identification.
(a) No automatic dialing device shall be interconnected to any primary or trunk line at the
police department or department of fire and rescue services unless approved by the police or fire
chief, respectively.
(b) No person shall provide an alarm system programmed to a central alarm reception office
unless the central office is staffed 24 hours a day, including holidays.
(c) Any employee of an alarm service reporting an alarm activation to which police and or
fire /rescue response is requested shall identify himself by name and state the name and telephone
number of the alarm business requesting such response.
Sec. 12 -69. Audible alarms.
All alarm sounders which may be heard in any public place shall be equipped and
maintained to automatically cut off after no longer than 30 minutes except for fire alarms and
other alarms required by law to sound longer.
Sec. 12-70. Exceptions.
This article shall not apply to alarms attached to motor vehicles or to any alarm system
located in a building, place or premises occupied by an agency of federal, state, county or
municipal government or any medical alert device.
Sec. 12 -71. Alternative enforcement procedure.
The procedures set forth in this article shall be supplemental to other procedures
established by the city for the enforcement of its codes.
Secs. 12 -72 — 2 -74. Reserved.
ARTICLE IV. PROSTITUTION AND FORNICATION
Sec. 12 -75. Findings; definitions; live sex act businesses prohibited.
(a) 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
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(3) The operat't'1'1 of a live sex act business is inimical`l'ethe health, safety, general
welfare and morals of the inhabitants of the city.
(4) Evidence in support of these findings may be found in the Sex Clubs, Factual
Record; and the Sexually Oriented Businesses, Factual Record, Supplement.
(b) In this section, unless the context otherwise requires:
(1) Consideration means the payment of money or the exchange of any item of value
for:
a. The right to enter the business premises, or 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 permitted the right to enter, or remain on,
the businesses 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.
(3) Live sex act business means any business in which one or more persons may
view, or may participate in, a live sex act for a consideration.
(4) Operate and maintain means or 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.
(5) 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.
(c) It shall be unlawful for any person to operate and maintain a live sex act business.
(d) Operation of a live sec act business is a public nuisance per se which may be abated by
order of the code enforcement board or magistrate.
(e) The city attorney, in the name of the City of Edgewater, may apply to the code
enforcement board or magistrate for an order permitting the city to abate violations of this
section.
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(f) 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.
(g) If, at the conclusion of the hearing, the judge determines that a live sex act business is
being operated in the city 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.
(h) 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, institution or 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.
Secs. 12 - 76 — 12 - 85. Reserved.
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