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ORDINANCE NO. 2000-0-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; AMENDING CHAPTER 12
(OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA; BY ESTABLISHING ARTICLE IV (ADUL T
ENTERTAINMENT), SECTIONS 12-75 (LEGISLATIVE
FINDINGS, INTENT AND PURPOSE), 12-76 (DEFINITIONS),
12-77 (PROHIBITED ACTIVITIES), 12-78 (PENAL TIES) AND
12-79 THROUGH 12-85 (RESERVED); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The activities occurring at sexually oriented businesses and adult entertainment
establishments sometimes occur in establishments and businesses 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; and
2. Physical contact or touching within sexually oriented businesses and adult
entertainment establishments 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;
and
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3. In order to preserve and safeguard the good order, health, safety, and general welfare
of the people of the City it is necessary and advisable for the City to regulate the conduct of owners,
managers, operators, agents, workers, entertainers, performers, and customers at sexually oriented
businesses and adult entertainment establishments; and
4. Prohibiting sexually oriented businesses and adult entertainment establishments from
operating 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 affects of the activities that may accompany such establishments
and businesses.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida as follows:
PART A.
AMEND CHAPTER 12 (OFFENSES AND MISCELLANEOUS
PROVISIONS) BY EST ABLISHING ARTICLE IV (ADUL T
ENTERTAINMENT), SECTIONS 12-75 (LEGISLATIVE FINDINGS,
INTENT AND PURPOSE), 12-76 (DEFINITIONS), 12-77
(PROHIBITED ACTIVITIES), 12-78 (PENAL TIES), AND 12-79
THROUGH 12-85 (RESERVED) OF THE CODE OF ORDINANCES,
CITY OF EDGEW A TER FLORIDA, IN ITS ENTIRETY.
CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE IV (ADULT
ENTERTAINMENT) to read as follows:
ARTICLE IV.
ADUL T ENTERTAINMENT
Section 12-75.
Legislative findings. intent and purpose.
W Citv of Edgewater herebv finds physical contact of a sexual nature often occurs between
persons performing: at adult uses within the City and patrons and other entertainers at such
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businesses; and such contact between patrons and other entertainers commonly occurs in
connection with illegaL obscene. lewd. or lascivious acts; and
ili2 City of Edgewater hereby finds such contact poses a risk to public health by enabling the
transmission of disease; and it is the intent of the Citv to prevent illegaL obscene. lewd. and
lascivious conduct and to prevent the transmission of disease within adult uses within the
Citv; and
1.0 City of Edgewater hereby finds that the prevention of sexual contact between patrons and
entertainers at adult uses is umelated to the suppression of free expression but serves to
address the concerns raised in the findings herein; and
@ City of Edgewater finds that the concerns raised (i.e.. criminal activity and/or transmission
of disease) in the findings herein do not arise in the context of more traditional art forms and
forums such as performing art centers and museums; and
ill City of Edgewater hereby finds numerous other iurisdictions have sought to combat the
adverse secondary effects of physical contact of a sexual nature in adult uses through
ordinances prohibiting contact between entertainers and patrons and other entertainers. but
have found such ordinances difficult. if not impossible to enforce absent a provision
requiring a distance separation between entertainers and patrons and other entertainers; and
ill City of Edgewater hereby finds numerous Courts have consistently held that municipal and
county ordinances that require a mandatory distance of at least six (6) feet between adult
entertainers and other entertainers and other entertainers and patrons of adult uses are
constitutional; and
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(g} The City of Edgewater hereby asserts that the following purposes of the Adult Use
Entertainer Distance Separation Requirements set forth herein are matters of legitimate,
substantial and compelling governmental interests:
ill To protect adult entertainers from exposure to diseases transmitted by physical
contact of a sexual nature: and
ill To protect adult use patrons from exposure to diseases transmitted by physical
contact of a sexual nature: and
ill To protect the public from exposure to disease transmitted by physical contact of a
sexual nature: and
ill To reduce the amount of criminal activity occurring in adult uses, i.e., prostitution
and lewd and lascivious acts.
Section 12-76.
Definitions.
For purposes of this Article. the following words, terms and phrases, as used herein, shall
have the meanings ascribed to them, unless the context clearly indicates otherwise:
{ill
Adult Use.
An adult use includes and is defined as follows:
ill Adult entertainment establishment. Any premises on which is offered to members
of the public or any person for a consideration, entertainment that has as its primary
or dominant theme, subiect matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this section:
"entertainment" as used in this definition shall include, but not be limited to: books,
magazines, films, newspapers, photographs, paintings, drawings, sketches or other
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publications or graphic media, filmed or live plays, dances or other performances,
either by single individuals or groups.
ill Adult theater. An enclosed building or an enclosed space within a building used for
presenting either filmed or live plays, dances or other performances, either by
individuals or groups, that have as their primary or dominant theme, subiect matter
depicting, describing, or relating to specified sexual activities or specified anatomical
areas, as defined in this section, for observation by patrons therein.
ill Live model studio. Any premises where there is provided for members of the public
or for any person, for a consideration, live human models, whether male or female,
displaying specified anatomical areas or featuring or in any way including, specified
sexual activities.
ili2 Entertainer: one who provides entertainment or provides a performance or show, including,
but not limited to, persons who perform sexually oriented dance performances.
ill Patron: one who enters and remains in an adult use establishment to observe the activities
therein.
@ Person: includes, but is not limited to any individual, firm, partnership, ioint venture,
syndicate or other group, or combination acting as a unit, association, corporation, estate,
trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and shall
include the plural as well as the singular.
W Primarv or dominant theme: main or governing characteristic: or first III degree or
importance.
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ill Svecified anatomical areas:
ill Less than completely and opaquely covered:
a. Human genitals or pubic region:
b. Buttocks:
c. Female breasts below a point immediately above the top of the areola:
ill Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
{g} Svecified sexual activities:
ill Human genitals in a state of sexual stimulation or arousal:
ill Acts of cunnilingus, fellation, masturbation, sexual intercourse, sodomy, whether
actual or stimulated:
ill Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breasts.
Section 12-77.
Prohibited Activities.
ill No person within an adult use shall. within six (6) feet of another person, display or expose
any specified anatomical area or engage in any specified sexual activity, provided, however,
that this provision shall not apply to prevent:
ill Adult use employees or entertainers at an adult use from using dressing room
facilities that are not accessible or viewable by patrons or the public and so long as
such use does not include the intentional touching of the specified anatomical areas
of another person or such persons engaging in any specified sexual activity: or
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ill Anv person from using bathroom facilities within an adult use so long as such use
does not include the intentional touching ofthe specified anatomical areas of another
person or such persons engaging in any specified sexual activity.
@ No person who owns or operates an adult use shall knowingly, or with reason to know,
permit suffer or allow any violation of subsection (a) above.
Section 12-78.
Penalties.
Any person who intentionally engages in conduct in violation of this ordinance shall be
subiect to the provisions and penalties set forth in Section 1-8 (General penalty; continuing
violations) of this Code, for each such violation.
Sections 12-79 throu2:h 12-85 Reserved.
PART B.
SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereto.
PART C.
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 E shall not be codified.
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PART D.
EFFECTIVE DATE.
This Ordinance shall become effective immediately upon passage and adoption.
PART E.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading ofthis ordinance held on September 11, 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt
--1L
Councilman James P. Brown
--1L
Councilman Dennis A. Vincenzi
--1L
Councilwoman Harriet E. Rhodes
--1L
Councilwoman Judy Lichter
--1L
After Motion by C~~ 1/ ~
and Second by
Ce~~
, the vote on the second reading ofthis ordinance was
as follows:
AYE NAY
Mayor Donald A. Schmidt
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--L-
i3L
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this �Zf _ day of 12000.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2000-0-22
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: /�
Donald A. Schmidt
Mayor
Robin IL. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this — iZ
day of 2000 under
Agenda Item No. 4_�