HomeMy WebLinkAboutO-2006-014 Amending chapter 2.5 adult entertainment code ORDINANCE NO. 2006-014
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AMENDING CHAPTER 2.5, "ADULT
ENTERTAINMENT CODE," OF THE CITY CODE OF ORDINANCES, TO
REVISE AND UPDATE THE OPERATIONAL AND LICENSING
REGULATIONS APPLICABLE TO ADULT ENTERTAINMENT
ESTABLISHMENTS; AMENDING CHAPTER 4, "ALCOHOLIC
BEVERAGES," ARTICLE II "OPERATION REGULATIONS," SECTION 4-37
"NUDITY ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE
OFFERED FOR SALE," TO DELETE INCONSISTENT PROVISIONS
RELATING TO ALCOHOL AND NUDITY; AMENDING CHAPTER 17,
"OFFENSES," ARTICLE 1, "IN GENERAL", TO DELETE INCONSISTENT
SECTIONS RELATING TO INDECENT ENTERTAINMENTS AND
MATERIALS AND TO NUDITY; AMENDING CHAPTER 28, "ZONING,"
ARTICLE 31, "ADULT ENTERTAINMENT ESTABLISHMENTS," SECTION
31.10, "DEFINITIONS" TO REVISE THE DEFINITION OF "ADULT
MATERIAL"; FURTHER, AMENDING ARTICLE 31, SECTION 31.40,
"LIMITATIONS" TO REVISE THE SPACING REQUIREMENTS FOR
REGULATED USES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("the City") has reviewed the evidence and testimony presented at the public hearings held
before it on March 28, 2006 and April 11, 2006, and the findings that were made by the City
Commission are incorporated into the findings specified in this Ordinance; and
WHEREAS, it has been demonstrated to the City Commission that the establishment of
adult entertainment uses, referred to in this Ordinance as "regulated uses," in business districts
has a deleterious effect on both business and residential segments of the neighborhoods, causing
blight and a downgrading of the property values; and
WHEREAS, the City Commission has minimized and controlled such adverse effects by
allowing such uses to locate only in a designated industrial zone, but finds that locational criteria
alone do not adequately protect the public health, safety and welfare of the citizens of the City;
and
WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed Ordinance and of public hearings
related to it; and
WHEREAS, the City Commission held public hearings, pursuant to the published notice
described above, at which all citizens so desiring had an opportunity to be heard:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed and
are incorporated as the legislative intent of this Ordinance.
Section 2. That Chapter 2.5 "Adult Entertainment Code" of the City's Code of
Ordinances is amended to read as follows:
CHAPTER 2.5 ADULT ENTERTAINMENT CODE
ARTICLE L IN GENERAL
Sec. 2.5-1. Title.
This ^tee Chapter shall be known and may be cited as the "Dania Beach Bfewar-d
C—etinty Adult Entertainment Code."
• Sec. 2.5-2. Authority.
This ewe Chapter is enacted pursuant to the City's power to
enact or-dinanees regulations to protect the public health, safety, and general welfare of the
residents of the City ^'hurcxele Vill, seetion '(g) of the Fier- d r nsti!
Chapter 166 Section 125 n'("'e` an w) of the Florida Statutes; and the City's Bream
Counts authority to regulate the sale and consumption of alcoholic beverages under the
Twenty-first Amendment of the Constitution of the United States.
See. 2.5 3. Jufisdietien.
cry.
Sec. 2.5-3. Findings.
Based o�n(�(the evidence and testimony presented e �l n� f une o 1993
and z— , «t liehea�3 of ittly 13, 1993, before the City
Commission b ^,.a of^ , and on the findings incorporated in the "Adult Use
Study," by the Newport News Department of Planning and Development, Newport News,
Virginia March 1996)• "Adult Entertainment Business Study for Manatee County, Florida," by
Manatee County Planning and Development Department (June 1987); "A Report on the
Secondary Impacts of Adult Use Businesses in the City of Denver," by the Zoning
`® Administration Office of Planning and Development, Department of Public Safety, Department
2 ORDINANCE#2006-014
of Excise and Licenses, Assessor's Office, and in consultation with the City's Attorney's Office,
Denver, Colorado (January 1998); "Report to American Center for Law and Justice on the
Secondary Impacts of Sex Oriented Businesses," by Peter R. Hecht. Ph.D. of the Environmental
Research Group March 31, 1996); "Sexually Oriented Business Ordinance Revision Committee
Legislative Report", Houston, Texas (January 7, 1997); Transcript of Workshop Meetingo f City
Council, City of Tampa, Florida, regarding "Draft Proposal of Establishing a Locational Criteria
for Adult Bookstores, Adult Theatres and Special Cabarets" (July 1, 1982); "Adult Entertainment
Businesses in Oklahoma City: A Survey of Real Estate Appraisers," by the Community
Development Department of the City of Oklahoma City, OK (March 3, 1986); "Effects of Adult
Entertainment Businesses on Residential Neighborhoods," by the Department of Planning,
Research and Development, City of El Paso, TX (Sept. 26, 1986); The "Adams County Nude
Entertainment Study' by the Adam's County Sheriff's Department (1991) (Colorado); and
Development,United States Attefney General's Commission on Poniegr-aphy (1996); "A Stiffifliar-y of a
National Sun,ey ef Real Estate Appr-aisefs Regarding the Effeet of Adult Bookstores en Pfoperty
Gity
Establishments in the City of Los Angeles," eendueted by the planning eemmittee fer the Los
wity G r i 97�• ,a f n T Tthe
A��elt��—�c�l�-n; the study —
Metropolitan Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando Area); the
sexes City c-Commissioners bereby-finds as follows:
(1) Establishments exist or may exist within the City where books,
magazines, motion pictures, videos, prints, photographs, periodicals, records, novelties, and
• devices that depict, illustrate, describe, or relate to specified sexual activities are possessed,
displayed, exhibited, distributed, and sold.
(2) Establishments exist or may exist within the City where:
a. The superficial tissues of one person are manipulated, rubbed, stroked,
kneaded, or tapped by a second person, accompanied by the display or exposure of
specified anatomical areas;
b. Dancers, entertainers, performers, or other individuals, who, for forms of
commercial gain, perform or are presented while displaying or exposing specified
anatomical areas; or
c. Lap dancing occurs.
(3) The activities described in subsections (1) and (2) occur at establishments for the
purpose of making a profit; and, as such, are subject to regulation by the City Bfewa ' G"""*" in
the interest of the health, safety, and general welfare of City Br-e ",,.a Cott -ty residents.
(4) The competitive commercial exploitation of such nudity and semi-nudity is adverse
to the public's interest, quality of life, tone of commerce, and total community environment.
3 ORDINANCE#2006-014
• (5) The commercial exploitation of nudity and semi-nudity consists of the use of nude
and semi-nude entertainment in connection with or for the promotion of the sale of goods or
services, and the receipt of money by the person engaging in nude or semi-nude entertainment in
exchange for or as consideration for nude or semi-nude performance by such individuals.
(6) The commercial exploitation of nude and semi-nude acts, exhibitions, and nude
entertainment occurs frequently at commercial establishments either selling or allowing
consumption of alcoholic beverages on the premises.
(7) There is a direct relationship between the consumption of alcoholic beverages and
the nude and semi-nude activities mentioned above, and an increase in criminal activities,
disturbances of the peace and good order of the community. The occurrence of these activities is
hazardous to the health and the safety of those persons in attendance and tends to depreciate the
value of adjoining property and harm the economic welfare of the community as a whole.
(8) The combination of the sale and consumption of alcoholic beverages with the
performance of nude and semi-nude acts, exhibitions and entertainment is adverse to the public's
interest and the quality of life, tone of commerce, and total community environment in the City
(9) To promote and preserve the public peace and good order and to safeguard the
health, safety, and welfare of the community and the its citizens thereo€, it is necessary and
advisable for the City Br-,,ward CatH: y to prohibit certain forms of nude and semi-nude acts,
exhibitions, entertainment, and commercial establishments at which alcoholic beverages are, or
are available to be, sold or consumed.
(10) To preserve the public peace and good order, and to safeguard the health, safety,
and welfare of the community and its residents theree€, it is necessary and advisable to regulate
and restrict the conduct of owners, operators, agents, employees, entertainers, performers,
patrons, spectators, and persons on the premises of the commercial establishment subject
hereteto this Ordinance.
(11) There is a direct relationship between the display or depiction of specified
anatomical areas as defined herein this Ordinance and an increase in criminal activities; and
disturbances of the peace and good order of the community, and the occurrence of these
activities is hazardous to the health and safety of those persons in attendance and tends to
depreciate the value of adjoining property and harm the economic welfare of the community as a
whole. These secondary effects are adverse to the public's interest and quality of life, tone of
commerce, and total community environment in the City
(12) When the activities described in subsections (1) and (2) take place in
establishments within the City Br-avar-d Cottnt-y, other activities that are illegal or unhealthy tend
to accompany them, concentrate around them, and be aggravated by them. Such other activities
include but. are not limited to prostitution, solicitation for prostitution, lewd and lascivious
behavior, possession, distribution and transportation of obscene materials, sale or possession of
liecontrolled substances, and violent crimes against persons and property.
4 ORDINANCE#2006-014
• (13) When the activities described in subsections (1) and (2) are present in
establishments within the City , they tend to blight neighborhoods, adversely
affect neighboring businesses, lower property values, foster an atmosphere that promotes crime,
and ultimately lead residents and businesses to move to other locations.
(14) Physical contact between employees exhibiting specified anatomical areas and
customers within establishments at which the activities described in subsections (1) and (2) occur
between „levees exhibiting s eified anatemieal areas and st Y,. e f poses a threat to the
health of both and may lead to the spread of communicable, infectious, and social diseases.
(15) To preserve and safeguard the health, safety, and general welfare of the people of
the City, Br-& ,ar- Ceuf-y, it is necessary and advisable for the City to regulate
the conduct of owners, managers, operators, agents, employees, entertainers, performers, and
customers at establishments where the activities described in subsections (1) and (2) occur.
(16) The potential dangers to the health, safety, and general welfare of the residents of
the City from the activities described in subsections (1) and (2) occurring at
establishments without first obtaining a license under this Chapter, ^owe are so great as to
require the licensure of such establishments before they are permitted to operate.
(17) "Lap dancing" does not contain an element of communication, and is therefore
conduct rather than expression.
• (18) "Lap dancing" in establishments poses a threat to the health of the participants and
promotes the spread of communicable, infectious, and social diseases.
(19) Adult entertainment establishments Sexual!), efientea businesses are frequently
used for unlawful and unhealthy sexual activities, including prostitution and sexual liaisons of a
casual nature.
(20) The concern over sexually transmitted diseases is a legitimate health concern of
the City Brtmt-y that demands reasonable regulation of adult entertainment
establishments sexually oriented .,,,,messes in order to protect the health and well-being of the
citizens.
(21) The prevention of sexual contact between patrons and employees at adult dancing
establishments is unrelated to the suppression of free expression., but serves to address the
concerns raised in the findings contained hereinin this Ordinance. Although the dancer's erotic
message may be slightly less effective from four (4) feet away, the ability to engage in the
protected expression is not significantly impaired.
(22) Separating dancers from patrons., and prohibiting dancers and patrons from
engaging in sexual fondling and caressing in adult dancing establishments., would reduce the
opportunity for prostitution transactions and thus should help to deter prostitution.
5 ORDINANCE#2006-014
(23) To preserve and safeguard the health, safety, and general welfare of the people of
the City , it is necessary and advisable for the City Brewar G,,u*t-, to obtain
sufficient information regarding the owners of establishments where the activities described in
subsections (1) and (2) occur in order to preclude the involvement of organized crime.
(24) Removal of doors on adult booths and requiring sufficient lighting in adult
theaters advances the substantial governmental interest in curbing the illegal and unsanitary
sexual activity occurring at adult theaters.
(25) Requiring that the facilities of adult theaters be constructed of materials that are
easily elean easy to clean, that the facilities be cleaned on a regular basis, and that the
employees cleaning the facilities take reasonable precautions to avoid contact with possible
disease transmitting media is reasonably related to the protection of both employees and patrons
from sexually transmitted diseases.
(26) Licensing is a legitimate, reasonable means of accountability to ensure that
operators of adult entertainment establishments lly efie.,Aoa businesses comply with the
reasonable regulations within this c-Chapter and the location requirements of Chapter 28, Article
31 seetien 39 2 of the City B,.,,_,,.,,.a County Zeni*g Ecode, and to ensure that operators do not
knowingly allow their establishments to be used as places of illegal sexual activity or
solicitation.
Sec. 2.5-45. Rules of construction.
This Chapter o shall be construed liberally to accomplish its purpose of licensing
and regulating , and dispe,.s:„rt adult entertainment establishments.
Sec. 2.5-56. Purpose.
It is the intent of the City board of eew4y eCommissioners in enacting this ^owe
Chapter to establish reasonable and uniform regulations that will reduce the adverse secondary
effects that adult entertainment establishments have upon the residents of the City Deward
Gottnt� and to protect the health, safety, and general welfare of the people. A mother's breast
feeding of her baby does not under any circumstances violate any provision of this Chapter
o ee.
Sec. 2.5-67. Definitions.
In this o Chapter, unless the context suggests otherwise, the following terms
mean and are defined as follows:
(1) Adult aiead-e.- A plaee er- establishment opefated for- eemniereial gain that invites Of
allows the publie te view adult matefial. Fer- pur-peses of this ehfftj�-f or-dinanee "Adult-areade" k
included thin the definition o"ad It time
6 ORDINANCE#2006-014
(2) Adult bookstore/adult novelty store/adult video store: See, Chapter 28, Article 31,
is Section 31.10. An establishment tha4 sells er- effer-s adult fnater-ial for- sale or-r-ent for- eofflfnereial
.fain; unless the st.,b.lishi , „t de st,-, e ether-that-
a. The adult material is aeeessible only by efnpioyees and the gross ineeme fr-em the
sale or- rental of adult fnater-ial eempr-ises less than f6i4y (40) pereent ef the gross ineoffle ffem
the sale er-rental of goeds or- sei=viees at the establishment; or-
b. The individual items of adult mater-i 1. offfer-ed— If--r- sale and/or rental eempr-ise less
than twenty five (25) per-eent of the individual items, publiely displayed in the establishment as
steek in trade, and whieh is not aeeessible te miners at the establisluRent.
(3) Adult booth: A small enclosed or partitioned area inside an adult entertainment
establishment that is:
a. Designed or used for the viewing of adult material by one or more persons;
and
b. Accessible to all persons, 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." The term "adult booth" does not include a foyer through which a person
can enter or exit the establishment, or a rest room.
(54) Adult dancing establishment: See, Chapter 28, Article 31, Section 31.10 An
fegardless of'whether-the empleyees et„all .ate
engage
111 U(A11V 111g.
(6) Adult domination and submission parlor: See Chapter 28, Article 31, Section
31.10.
(7-5) Adult entertainment establishment:
a. An adult theater, adult bookstore/adult noveltysre/adult video
store, adult motel, adult domination and submission parlor, or adult dancing
establishment, or other establishment or business operated for commercial gain where an
employee, operator, or owner exposes his or her specified anatomical area for viewing by
patrons, including but not limited to massage establishments, whether or not licensed
pursuant to Chapter 480, Florida Statutes, tanning salons, modeling studios, or lingerie
studios.
b. Excluded from this definition are educational institutions, as defined hel•einin
this Ordinance, where the exposure of specified anatomical areas is associated with a
curriculum or program.
7 ORDINANCE 42006-014
C. An establishment that possesses an adult entertainment license is presumed
to be an adult entertainment establishment.
(86) Adult material: See, Chapter 28, Article 31, Section 31.10. One (1` of .Fero of'the
fell.,. ing, fegardlesse of whethef ;t ; new of used:
a. meek pefiedieals, of the printed auto photographs, films, fneti
pietufes, video > ;
and nevelties of deviees that have, as their- pfifnar-y of deminant > ,
or relating le speeified sexual aetivities or specified
> desefibing,
anatemieal
b. instruments, rovekies,d view, or- par-aphefnalia whieh-are designed for-use 1t�
(9) Adult mini motion picture theater: See, Chapter 28, Article 31, Section 31.10.
(107) Adult motel: See, Chapter 28, Article 31, Section 31.10. A het 1,M
boar-dinghouse, --ing house, ef ether- plaee of tempefary !edging that ineludes the wer-d
"adult" in a ..a.— 4 uses er- other-wise adveftises the pfesentation of adult fnater-ial. The ier-m
"adult motel" is included within the definition e "adult theate
(118) Adult theater: An establishment operated for commercial gain that consists of an
enclosed building, or a portion or part thereafof such a building, used for
viewing of adult material. "Adult motels," "Aadult arcade," "Adult booth," "Adult mini motion
picture theater," and "aAdult motion picture theater" are included within the definition of"adult
theater." An establishment that has "adult booths" is considered to be an "adult mini motion
picture theater."
(9) A&dt video store.- See "Adult beekstefe.
(120) Agency: The fFire Department afsh l's e the &Sheriff, the Department of
Community Development, Building Official the building and permitting division, and any other
office, division, or department so designated by the City Commission eeunty administrate
including thetheir respective directors, employees, and agents ther-eof.
(134-) Alcoholic beverage: A beverage containing more than one (1) percent of alcohol
by weight, including but not limited to beer and wine.
a. It shall be prima facie evidence that a beverage is an alcoholic beverage if
proof exists that:
1. The beverage in question was or is known as whiskey, moonshine
whiskey, shine, rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer,
malt liquor, or by other similar name or names; or
8 ORDINANCE#2006-014
2. The beverage was or is contained in a bottle or can labelled as any of
the above names, or a name similar thereteto them, and the bottle or can bears the
manufacturer's insignia, name, or trademark.
b. A 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 theree€of the beverages, may testify as to his or her opinion about whether such
beverage is an alcoholic beverage.
(�1 2) Beard.- The Board of County Commissioners of Bz o` urd County, Merida.
(14) Commercial gain: Operated for pecuniary gain, which shall be presumed for an
establishment that has received an occupational license. For the purpose of this Chapterede,
operation for commercial or pecuniary gain shall not depend on actual profit or loss.
(15) Commercial establishment: A business, location, or place that conducts or allows
to be conducted on its premises an activity for commercial gain.
(16) Conviction: A determination of guilt resulting from a plea (of guilty or of no
contest or nolo contendere) or from trial, regardless of whether adjudication was withheld or
whether imposition of sentence was suspended.
(17) Educational institution: AAny premises or site upon which there is an institution
of learning, whether public or private, which conducts regular classes, courses of study, or both,
required for accreditation by or membership in the State Department of Education of Florida,
Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent
Schools. This term also includes art galleries and museums open to the public; or special
institution of learning. The-ter-m"edue-ationz institut-len ^1�udes a p=em}ses e 3q site upen
> ,
eemmunit), eollege, junier eellege, or- four- year- college of univer-sity; 1 braries, m4 galleries and—
museums open to the „bl: of speeial institt4ien_of to
(18) Employee: A person who works or performs in an adult entertainment
establishment, irrespective of whether the .person is paid a salary or wage by the owner or
manager of the premises. "Employee" shall include a person who pays a form of consideration to
an owner or manager of an establishment for the privilege of working, performing, or exposing
his or her specified anatomical areas within the establishment.
(19) Establishment: The site or premises on which the adult entertainment
establishment is located, including the interior of the establishment, or portion thefe6€of it, upon
which certain activities or operations are being conducted for commercial gain.
9 ORDINANCE 42006-014
(20) Inspector: An employee of the Broward County Sheriffs Office, the Cede an
• Zoning£ eement Divisien Department of Community Development, the Building and
Permitting Diviqien Building Official, e€fsers—of the—eountyFir-e Mafshal's nffi^e Fire
Department, or other employees who are so designated by the County City
Commission, who is authorized pursuant to this C-code to inspect licensed premises.
(21) Lap dance, also known as a "straddle dance," "face dance," "friction dance" or
"flash dance," means the use by an employee, whether clothed or partially or totally nude, of a
part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area
of a person while at the establishment, or the touching of the genital or pubic area of an
employee by a person while at the establishment. It shall be a "lap dance" regardless of whether
the "touch" or "touching" occurs while the employee is displaying or exposing a specified
anatomical area. It shall also be a "lap dance" regardless of whether the "touch" or "touching" is
direct or through a medium. However, incidental touching shall not constitute lap dancing.
(22) Licensed premises: See "Establishment."
(23) Licensee: A person whose application for an adult entertainment establishment
has been granted and who totally or partially owns, operates, or controls the establishment.
(24) Operator: A person who engages or participates in an activity that is necessary to
or that facilitates the operation of an adult entertainment establishment, including but not limited
to the licensee, manager, owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk,
ticket taker, movie projectionist, or supervisor. The term is not meant to include repair people,
janitorial personnel or the like who are only indirectly involved in facilitating the operation of
the adult entertainment establishment.
(25) Patron: Includes any natural person other than an employee, operator, or licensee,
or governmental officer while performing duties pursuant to this Chapter o or other law.
(26) Person: Includes, but is not limited to, an individual, firm, association, joint
venture, partnership, estate(s), trust, business trust, syndicate, fiduciary, corporation, and pRy
other similar en ifiesentity.
(27) Principal stockholder: A person who owns or controls, legally or beneficially,
five (5) percent or more of a corporation's capital stock, and includes the officers and directors. If
no stockholder of a corporation owns or controls, legally or beneficially, at least five (5) percent
of the capital stock, all stockholders shall be considered principal stockholders. Andif a
corporation is registered with the Security and Exchange Commission, or pursuant to Chapter
517, Florida Statutes, and its stock is for sale to the general public, it shall not be considered to
have principal stockholders.
(28) Private performance: The display or exposure of a specified anatomical area by
an employee at an adult entertainment establishment to a person other than another employees
while the person is in an area within the establishment not accessible during such display to all
other persons in the establishment, or while the person is in an area in which the person is totally
10 ORDINANCE#2006-014
• or partially screened or partitioned during such display from the view of all persons within the
establishment.
(29) School: The term "school" includes premises or a site upon which there is a day
care center, nursery school, pre-kindergarten, elementary school, middle school, high school, or
library.
(302-9) Specified anatomical areas: See, Chapter 28, Article 31, Section 31.10.
a. Less s than eempletely and e ely eevered:
1 Human genitals and . ubie
7 Cleavage of'the human h„tteeks• e
3. That pet4ien of the hunian female breast eneempassed within an area failing
below the hefizenal fifie one would have to dr-aw to inter-seet a point immediately above
the top of the ar-eela; this definition shall inelude the entire lowef peftion ef the fe
exhibited by a dress, blouse, shirt leetafd, bathing suit, er- ether- •••• b "YYar-el,
ided the areala is not so exposed; e
b. Human male genitals in a diseer-nible turgid state, even if eempletely and epaquely
• ee Bred
(310) Specified criminal act:
a. A criminal violation of this Bede-Chapter; or
b. A felony; or
c. An offense under Chapter 794, Florida Statutes (Sexual Battery); or
d. An offense under Chapter 796, Florida Statutes (Prostitution); or
e. An offense under Chapter 800, Florida Statutes (Lewdness; Indecent
Exposure); or
fl. A offense . der- Chapter- 926 Fie-ida Slat„t (Bigamy; T.,. st); _
, vo iiivvv��, vx
An offense under- Chapter > ;
Pr-efn.,;t.,\• e
h A ff tinder- C t 83 1, Florida Statutes (FE)fger-),• G...,fito,-fe tifig); e
f i. An offense under Chapter 837, Florida Statutes (Perjury); or
11 ORDINANCE#2006-014
• g f. An offense under Chapter 843, Florida Statutes (Obstructing Justice); or
h k. An offense under Chapter 849, Florida Statutes (Gambling); or
i 1. An offense under Chapter 893, Florida Statutes (Drug Abuse Prevention and
Control); or
1 m. An offense under Chapter 895, Florida Statutes (Racketeering; Illegal
Debts); or
k n. An offense under Chapter 896, Florida Statutes (Offenses Related to
Financial Transactions); or
1 e. An offense under an analogous statute of a state other than Florida, or under
an analogous ordinance of another county or city.
(32-1) Specified criminal offense:
a. A conviction under Section 60.05, Florida Statutes (Nuisance Abatement);
or
b. A conviction under Florida Statutes, Chapter Seetierl 480 (massage practice).
043, eEtion-4-8-0.446, Seetien 480.047, Seetion 80.-04-8 E)r- S cccivrr-4 80.049, cvnau
c. A conviction under Chapter 561 (Beverage Law; Administration) or Chapter
562 (Beverage Law; Enforcement), Florida Statutes; or
d. A judgment against or conviction under Chapter 823 (Public Nuisances),
Florida Statutes.
(332) Specified sexual activities: See Chapter 28, Article 31, Section 31.10.
a. Human genitals in a state of sexual stirflulation, ar-ettsal, or-tunieseene-e'- of
b A + f human anilingus, bestiality, b.,, v cunnilingus, eepr-ephagy,fe!Wienl '1'
> flagellation, > > > pedophilia, ,
e. > ill' or- other- eFetie + ehi F human genitals, b b ,t4oek ��
Y b > > n �
d. E#£retery-functions as paA of e—in eonneetion with the aetivities et f,-+L
a. thfough b.
12 ORDINANCE#2006-014
(343) Occupational licensing section means the Occupational Licensing Section within
• the Community Development Department Revenue Gelleetion T,;., of the City. Rreward
County govemAnent.
Sec. 2.5-78. Regulation of obscenity subject to state law.
It is not the intent of the City Commission board to legislate with respect to matters of
obscenity. These matters are regulated and preempted by general law.
Sec. 2.5-8-9. Regulation of massage establishments subject to state law.
It is not the intent of the beard City Commission to legislate, limit, or conflict with
respect to matters ofpertaining to massage establishments that are regulated by state agency, the
dDepartment of Business and pProfessional rRegulation, board of massage, and by general law,
Chapter 480, Florida Statutes.
Sec. 2.5490. Zoning approval.
No application for a license as provided in Article 11 of this Chapter efdinanee shall be
approved until the appropriate provisions of the City u,.^.,,.,..a Code have been
complied with, the required zoning approval obtained, and the Community Development
Department tive z^^i„^ offieial notifies the occupational licensing section of compliance.
Sec. 2.5-1047. Penalty.
In sections 2.5-42 and 2.5-43 and Article IV of this ^ Chapter W where no
specific penalties are provided, and 0) an act is prohibited, or declared to be unlawful, or an
offense, or (2) whenever in this er-dime-Chapter the doing of an act is required or the failure to
do an act is declared to be unlawful, the violation of such provision of this ordinance shall be
punished as provided in Seetien 125 69, Chapter 16),Section 162.22, Florida Statutes, or—its-
snEsesser any successor law. Each day a violation of a provision of this Chapter ^ shall
continue shall constitute a separate offense, unless otherwise provided.
Sec. 2.5-112. Miscellaneous.
(a) Subject to Article II, after a within thift (30) days of the maili g of a netiee e�
denial of an application for a license., or a notice of suspension or revocation of a license, the
aggrieved party may timely file a notice of appeal with any court of competent jurisdiction in
accordance with applicable law and court rules. the eir-e it ^^
(b) In the event the notice of denial of an application for a license was grounded in
whole or in part upon failure to comply with or satisfy all applicable zoning regulations, the
applicant may apply for a variance in accordance with the provisions of the City Breward
Gott tyZe, ing Code. However, no variance shall be granted from Chapter 28, Article 31,
Section 31.40.
•
13 ORDINANCE#2006-014
(c) Notice: A notice required under this cede Chapter shall be accomplished by
sending a written notification by certified mail, return receipt requested, to the mailing address
set forth on the application for the license. This mailing address shall be considered the correct
mailing address unless the occupational licensing section ^r the depai4fnefit of general seB4eoS
has been otherwise notified in writing by certified mail, return receipt requested, by the licensee
of the new address. The licensee shall have the burden of proving the occupational licensing
section received the new address.
(d) Immunity from prosecution: The City eeunty or an agency of the City shall be
immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon an adult
entertainment establishment while acting within the scope of its authority under this Bede
Chapter.
(e) Enforcement of this chapter: The board The City Commission,
sSheriff, or sState aAttorney may bring suit in the any court of competent jurisdiction eirc-ut
eeutt to restrain, enjoin, or otherwise present the violation of Articles III and IV of this efdifianee
Chapter.
ARTICLE II. LICENSING PROVISIONS
Sec. 2.5-21. Adult entertainment license.
(a) No adult entertainment establishment shall be allowed to operate without first
having been issued an adult entertainment license by the occupational licensing section pursuant
to this eerie Chapter.
(b) Adult entertainment licenses referred to in this ewe—Chapter shall be licenses
limited to the following classifications:
(1) Adult bookstore/adult novelty store/adult video store; or
(2) Adult theater , adult beeth and adult mete! are eansidefed an
(3) Adult dancing establishment.
(4) Adult domination/submission parlor
(5) Adult motel
(6) Encounter studio/modelingstudio
tudio
(7) Massage Establishment
(8) Adult Mini Motion Picture Theater; or
14 ORDINANCE#2006-014
(9) Any other adult use as defined in this Chapter or Chapter 28, Article 31 of
the Code.
(c) An adult entertainment license for a particular adult entertainment establishment
shall be limited to one (1) classification of license.
(d) An adult entertainment establishment may hold more than one (1) classification of
adult entertainment license.
Sec. 2.5-22. Administration.
The ultimate responsibility for the administration of this eede Chapter is vested in the
City Commission beard. Several agencies have been delegated responsibility pursuant to the
provisions outlined in this ee&—Chapter:
(1) The occupational licensing section shall be the agency responsible for issuing the
official notice of the grant, denial, revocation, renewal, suspension, or cancellation of adult
entertainment licenses for existing or proposed adult entertainment establishments. in the
(2) The sSheriff is responsible for verifying information contained in an application for
an adult entertainment license by means of a criminal background check, and for inspecting a
proposed, licensed, or unlicensed establishment in the eounty City in order to ascertain whether it
is in compliance with applicable articles and criminal statutes, and for enforcing applicable
ordinances and criminal statutes, including those provisions set forth in Articles II, III, and IV of
this or-di zanee Chapter.
(3) The Building Official Builds and Permitting D isien is
responsible for inspecting a proposed establishment for which a license is being applied in order
to ascertain whether it complies with or is complying with Article III of this Chapter O dinunee
and all applicable building codes, statutes, ordinances, and regulations in effect in the eeunt-y
City. The respective bBuilding eOfficial shall compare and certify that all aspects of the
submitted floor plan, site plan, and certified survey accurately depict the actual structure, and
comply with the provisions of this Chapter.
(4) The u war-' C^,,,-,t), Fie Mar- ha 's Offs Fire Department is responsible for the
inspection of licensed premises or a proposed establishment to ascertain whether it complies with
or is complying with Article III of this Chapter or-dire and all applicable fire codes, statutes,
ordinances, and regulations in effect in the City eounty.
(5) The Community Development DepartmentBr-ewafd County Gede and Zoning
Enfer-eement r iyisie is responsible for ascertaining whether a proposed establishment for
which a license is being sought applied complies with sSection 2.5-10 of the City Code, the
applicable portions of Article III of this Chapter o , and all applicable zoning regulations
in effect in the City ,eeunty, and whether a licensed establishment is complying with section 2.5-
15 ORDINANCE#2006-014
10, and Article III of this ordinanee Chapter and all applicable zoning regulations and land use
laws in effect in the City ee-t�.
(6) Any employee of the agencies referenced in subsections (2) through (5) above, who
is authorized by the person in charge of the agency, shall at any reasonable hour, when the
agency has reasonable cause to believe that a violation of this Chapter—dime may exist, have
access to and shall have the right to inspect the premises of all licensees under this Chapter
^tee for compliance with any or all of the applicable codes, statutes, ordinances, and
regulations in effect in the City Br-o ,,afd Getti4y and within the responsibilities of their
respective agencies as outlined in this Chapter ^tee.
Sec. 2.5-23. Application.
(a) Filing: A person desiring to operate an adult entertainment establishment shall file
with the occupational licensing section a sworn license application on a standard application
form supplied by the occupational licensing section.
(b) Contents: The application shall contain the following information and shall be
accompanied by the following documents:
(1) If the applicant is:
a. An individual, his or her legal name, aliases, and date of birth, seeial
Jeewit ..-n+be-r, driver's license number or a state or federally issued
identification card number;
b. A partnership, the full and complete name of the partners, dates of
birth, seeiaseetir-itynumbers, driver's license numbers or state or federally issued
identification card numbers of all partners, and all aliases used by all of the
partners, whether the partnership is general or limited, and, if in existence, a copy
of the partnership agreement; or
c. A corporation, the exact and complete corporate name, the date of its
incorporation, evidence that the.corporation is in good standing, the legal names
and dates of birth, seeial seeti-ity ,,,,,, ber-s, driver's license numbers or state or
federally issued identification card numbers of all officers, directors and principal
stockholders, and all aliases used, the capacity of all officers, directors, and
principal stockholders, and, if applicable, the name of the registered corporate
agent, and the address of the registered office for service of process; and
(2) The application shall list the current local and legal domiciliary residential
addresses of the principal stockholders of the corporation; for purposes of this subsection,
principal stockholders are natural persons and not corporate or other legal entities; when
the principal stockholder is a corporate or other legal entity, the application must trace
back the ownership through layers of corporate organization to the eventual principal
stockholder who is a natural person; and
16 ORDINANCE#2006-014
(3) If the applicant intends to conduct business under a name other than that of
the applicant, the applicant shall state the establishment's fictitious name and the county
of registration under Section 865.09, Florida Statutes, all legal names, dates of birth,
addresses and all aliases used by all interested persons; and
(4) Whether the applicant, or other individuals listed pursuant to paragraph (1)
above, has within the five-year period immediately preceding the date of the application,
ever been convicted of a specified criminal act and, if so, the specified criminal act
involved, the date of conviction, and the place of conviction; and
(5) Whether the applicant, or other individuals listed pursuant to paragraph (1)
above, has (a) had a previous license issued under this cede Chapter suspended or
revoked, or by court order, been required to cease operation, 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 (b) whether the applicant, or any other
individuals listed pursuant to subparagraph (a), has been a partner in a partnership or an
officer, director or principal stockholder of a corporation whose license issued under this
e-o& Chapter 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; and
(6) Whether the applicant, or other individuals listed pursuant to paragraph (1)
• above, holds other licenses under this cede Chapter and, if so, the names and locations of
such other licensed establishments; and
(7) The single classification of license for which the applicant is filing and the
general nature of adult use for which the applicant is seeking a license, including a
statement concerning the degree to which the anticipated activities at the adult
entertainment establishment meet the definitions of the enumerated adult use
classifications listed in the definitions section [section 2.5-6-7] of this Chapter ewe;
such a characterization shall serve as an initial basis for the permitted activities allowed
under the license issued as well as a basis for the fee charged; and
(8) The location of the proposed establishment, including a legal description of
the property site, and a legal street address; and
(9) The names of all employees, dates of birth, and aliases used for the
proposed establishment, if known, or, if currently unknown, a statement to that effect;
and
(10) The applicant's mailing address, residential address and residential
telephone number (if any); and
(11) A site plan and certified survey drawn to appropriate scale of the proposed
establishment indie including, but not limited tot all property lines, rights-of-way,
17 ORDINANCE 92006-014
and the location of buildings, parking areas and spaces, curb cuts, and driveways and
shall state and indicate on the survey that the distance and location requirements of
Chapter 28, Article 31 seetien 39 2is of the Zoning City Code have
been satisfied; and
(12) A floor plan drawn to appropriate scale of the proposed establishment
indieating including, but not limited to:
a. All windows, all doors, all entrances and exits; and
b. Proposed seating arrangement; and
C. All fixed structural interior features, including but not limited to
doors, aisles, walls, stages, partitions, projection booths, admission booths,
adult booths, concession booths, stands, counters, platforms, and similar
structures; and
d. All proposed improvements or enlargements to be made, which shall
be indicated and calculated in terms of percentage of increase in floor size;
and
(13) A copy of the application for the zoning certificate of use; and
(14) The name, address and phone number of the person whom the bBuilding
Official �r� �o,,, :**�„^ '�� ���^� should contact to schedule the inspection; and
(15) The phone number and address of the existing or proposed establishment;
and
(16) The name, phone number and address of the manager; and
(17) A notarized, signed, and sworn statement that the information within the
application is truthful, independently verifiable, and complete and that the photocopies of
the attached soul--sec-sty—eards, driver's licenses or state or federally issued
identification cards are true and correct copies of the originals.
(c) Copies.
(1) In addition to the requirement of subsection (b) above, the applicant shall
supply a minimum of five (5) copies of the application, or more as may be required, to
the occupational licensing section.
(2) An application shall not be considered complete until the application
satisfies the requirements of subsection (b) and paragraph (1) above.
18 ORDINANCE#2006-014
(d) Application fee: Each application shall be accompanied by a nonrefundable fee to
be set by resolution of the City Commission bead to recoup defray the costs ef- related to
administering the licensing_program pfeee&smg-and investigatien of the applieati If the
application for a license is approved and a license is granted, half of the application fee shall be
applied as a credit towards the annual license fee required for the first year pursuant to Section
2.5-26-7(f).
(e) Rejection of application: In the event the occupational licensing section is notified
by one of the agencies listed in section 2.5-22(2) through (5) above, that the applicant has not
satisfied the application requirements for a proposed establishment, the applicant shall be
notified of such fact within the time frame specified her-einin this Ordinance with a detailed list
of reasons;and the application shall be denied.
Sec. 2.5-24. Investigation of application.
(a) Upon receipt of an application filed properly with the occupational licensing
section and upon payment of the nonrefundable application fee, the occupational licensing
section shall send the attached photocopies of the application to the sSheriff, the Fire Department
fire rshal's e=zEe, Building Official, and Community Development Department the
appropriate building and zoning offlei ls. Each agency shall promptly conduct an investigation
of the applicant and the proposed establishment in accordance with its responsibilities outlined in
Article III. At the conclusion of its investigation, each agency shall indicate on the photocopy of
the application whether the application satisfies each requirement of this esde Chapter, and shall
date and sign the application.
(b) Any of the foregoing reviewers shall recommend denial ofy an
application if done or more finds that the proposed establishment will be in violation of a
provision of Article III of this Chapter ^ ee or of any_building, fire, or zoning code, statute,
ordinance or regulation. If the application fails to satisfy this code or any building, fire or zoning
code, statute, ordinance or regulation, the agene�- eviewer shall state specifically its reasons on a
separate letter attached to the photocopy of the application.
Sec. 2.5-25. Administrative Review.
(a) The agenei reviewers shall conduct and complete an investigation of the
application within thirty -twenty-one (3021) days of receipt of the application. (day 30) If a
provision of this eode Chapter, any building, fire, or zoning, or any other applicable code,
statute, ordinance or regulation is found to be applicable to the applicant who is in violation of
any such provisions, the respective previewer shall notify the occupational licensing
section of the violation by mar-kingthe applieation as rej , state the reasons, and offer
suggestions for correction. Upon receipt of notice of a violation from a reviewer the
r-ejeeted appliea4ien, the occupational licensing section shall wait until day 30 21 for the review
from the other agencies. Then, the occupational licensing section shall notify the applicant of the
denial. All communications regarding approval or denial shall be issued by and through the
occupational licensing section. Oral statements issued directly or independently by the reviewers
•
19 ORDINANCE#2006-014
ageneies shall not be deemed to create a reliance or estoppel situation as to the provisions of this
cede Chapter.
(b) The occupational licensing section shall issue or deny an application for an adult
entertainment license within-may forty (5940) days from the date of the filing of a complete
application. Upon the expiration of theme day forty-day (40) period, the applicant may demand
a license and begin operating the establishment for which a license is sought_, unless and until
states the Fease s f r the Venial. The date of the proper filing of the application shall be the date
the applicant furnishes the fully completed and sworn application, and the required number of
copies.
(c) If the applicant has satisfied the requirements of this cede Chapter, the occupational
licensing section shall notify the applicant and issue the license to the applicant upon payment of
the appropriate annual license fee provided in section 2.5-2-76(f), with credit as provided in
section 2.5-23(d).
(d) The occupational licensing section shall deny the application upon notification by
one of the agencies-reviewers that:
(1) The application violates or fails to meet the provisions of this Cede Chapter,
any building, fire, er zoning, or any other applicable code, statute, ordinance or
regulation;
(2) The application contains material false information, or information material
to the decision was omitted; failure to list an individual required to be listed, and whose
listing would result in a denial, is presumed to be material false information for purposes
of denial of the application; the certification that the licensee owns, possesses, operates
and exercises control over the proposed or existing adult use establishment is a material
representation for purposes of this section;
(3) The applicant, or other individuals listed pursuant to section 2.5-233-0, has a
license under this cede Chapter, or has had a license under this Cede Chapter, which has
been suspended or revoked;
(4) The granting of the application would violate a statute or ordinance, or an
order from a court of law that effectively prohibits effectively the applicant from
obtaining an,adult entertainment license; or
(5) An applicant, or any other individual required to be listed, has been
convicted of a specified criminal act;
a. For which:
i. Less than two (2) years has elapsed since the date of
conviction or the date of release from confinement imposed for the
20 ORDINANCE#2006-014
conviction, whichever is the later date, if the conviction is of a
misdemeanor offense; or
ii. Less than five (5) years has elapsed since the date of
conviction or the date of release from confinement imposed for the
conviction, whichever is the later date, if the conviction is of a felony
offense; or
iii. Less than five (5) years has elapsed since the date of
conviction or the date of release from confinement imposed for the
conviction, whichever is the later date, if the convictions are of two (2) or
more misdemeanor offenses or a combination of misdemeanor offenses
occurring within any twenty-four-month period.
b. The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant.
c. An applicant who has been convicted of a specified criminal act may
qualify for an adult entertainment establishment license only when the time period
set forth above has elapsed or if his or her civil rights have been restored.
(c) If a person applies for a license at a particular location within a period of one (1)
year from the date of denial of a previous application for a license at the location, and there has
not been an intervening change in the circumstances material to the decision regarding the
former reason(s) for denial, the application shall not be accepted for consideration.
See. 2.5 26. Establishment existing o effeeti a `lints..
date of this or-dinanee shall make an appliea4ien f-ef heense hefeunder-, eemplete with all fequired
infer-mation and the fequifed number- of eapies, within sixty(60) days of the eff-eetive date of this
efdinanee. Af4er- eempletion of the appliea4ion, the establisiffnent shall be allowed to operate
until Deeember- > >
(b) Netwithstanding subseetien (a) above, evef-y adult theater- in existenee at the effeetive date
of this or-dinanee shall eemply with the stfuettifal fequifements in seetien 2.5 43(a) below, within
ninety (90) days of the e---etive date of this ordinanee.
(e) subseetion (a) above, every adult daneing establishment in existenee at
date of this efdinanee shall eemply with the strttettffal requif effients in seetien 2.5
43(b) below, within ninety (90) days of the eff-eetiVe date of this or-dinanee.
(d) Evefy existing adult entei4aiwnen! establishment must satisf�, all requirements of this Gede
the str-uEtttr-al requir-ements of seet}en 2.5-43.
establislh-fleat shall eease within ten (10) business days of feeeipt of netiee of denial. Operation
(e) if an applieatien for- heense is denied, the operation of an existing adult entertainment
21 ORDINANCE#2006-014
effeetive date of this er-dinanee fails to r-eeeive an adul! entel4ainment lieefise pursuant te t
If an eper-ater- of an e�iisting and epefating adult entef4aimnent establishment at the
(g) Pufsuant to section 2.5 10, evefy existing adult entei4aimnent establishment shall pfesefit
between the effeetive d-ate Mad 40.,hen the existing establishments obtain an adult entei4aiwne
lieense, as outlined in subseetien (a) ef this seeiion, shall be eensider-ed and applied tE) the
Sec. 2.5-267. License.
(a) Contents: An adult entertainment license shall state on its face the name of the
licensee, the business name, local residential and legal domiciliary residential address of the
licensee, the name of the establishment, the street address of the establishment, the classification
of the license, a twenty-four-hour working phone number, the date of issuance, and the date of
expiration.
(b) Term: All licenses issued under this cede Chapter shall be annual licenses which
shall commence running on October 1, on which date they shall have been paid for, and shall
expire on September 30 of the following year. If a license is issued after October 1, but prior to
March 31 of the following year, the applicant shall pay the prorated license fee. If a license is
issued after March 31, but prior to October 1 of the same year, the applicant shall pay one-half
the appropriate license fee.
(c) Renewal: Licenses shall be entitled to renewal annually subject to the provisions of
this cede Chapter. Before the October 1 expiration date, the annual license may be renewed by
presenting the license for the previous year, by paying the appropriate license fee, and by
updating the information supplied with the latest application or certifying that the information
supplied previously remains unchanged.
(d) Expiration: A license shall expire for failure to obtain a renewal pursuant to this
cede Chapter by October 1. An expired license may be renewed no later than November 30 of
the same year upon:
(1) The submission of an affidavit stating that the establishment has not been
operated as an adult entertainment establishment from the date of expiration of the
license;
(2) The payment of the appropriate license fee; and
(3) Payment of a penalty of ten (10) percent of the appropriate license fee for
the month of October and, if renewed after October 31, an additional penalty of five (5)
percent of the appropriate license fee for the month of November.
22 ORDINANCE 42006-014
. (e) Cancellation. All licenses not renewed by November 30 shall be deemed expired
by the occupational licensing section unless such license is involved in litigation. The applicant
may reapply for an adult entertainment license. Upon the payment of the application fee,
satisfaction of the application requirements, and payment of the license fee, operation of the
adult entertainment establishment may continue.
(f) Annual license fees: The annual license fees under this Chapter Cede for an adult
entertainment establishment shall be set by resolution of the City Commission .
(g) Collection of fees: The occupational licensing section shall be responsible for the
collection of the application and annual license fees pursuant to this Cede Chapter.
Sec. 2.5-278. Transfer of license.
(a) A licensee shall not transfer his or her license to another person, or ther-eby
surrender possession, control, or operation of the licensed establishment to such other person.
(b) A licensee shall not transfer his or her license to another location.
(c) An attempted transfer of a license either directly or indirectly in violation of this
section is her-eby-declared void; and, in that event, the license shall be deemed abandoned, and
the license shall be forfeited.
Sec. 2.5-289. Changed name.
No licensee may change the name of an adult entertainment establishment unless and
until he or she satisfies all of the following requirements:
(1) Provides the occupational licensing section with thirty (30) days' notice in writing
of the proposed name change;
(2) Pays to the occupational licensing section a change-name fee to be set by resolution
of the City Commission ; and
(3) Complies with Section 865.09, Florida Statutes, the Florida Fictitious Name
Statute.
Sec. 2.5-2930..Enforcement.
(a) Suspension:
(1) Violation of regulations: In the event a licensed adult entertainment
establishment is operating in violation of a building, fire, or zoning code, statute,
ordinance or regulation, whether federal, state, or local, or the respective requirements of
Article III of this Chapter efdinanee, the appropriate agency shall notify promptly a the
t
23 ORDINANCE#2006-014
code and-Bening enforcement officer divisien, whiewho shall notify the licensee of the
® violation. The licensee shall have ten (10) business days in which to correct the violation.
If the licensee fails to correct the violation within ten (10) business days, the agency shall
notify a the code and zening enforcement officer division, who" shall schedule a
hearing before the code enforcement board or a ho,,,ing fr;^o, special magistrate. If the
code enforcement board or the hearing a ffi special magistrate determines that a
licensed establishment is in violation of a building, fire, or zoning statute, code,
ordinance, or regulation, whether federal, state, or local, or the respective general
requirements of section 2.5-41, the code and zoning enforcement division officer shall
notify the occupational licensing section, which shall forthwith suspend the license and
shall notify the licensee of the suspension. The suspension shall remain in effect until the
code enforcement officer notifies the occupational licensing section in writing that the
violation of the provision in question has been corrected. Nothing in this section shall
take away other enforcement powers of the code enforcement board or special magistrate
or any other agency provided by the City eourAy--c-Code or statute.
(2) Illegal transfer: Upon the written notification by one (1) of the agencies
that a licensee is engaged in a license transfer contrary to section 2.5-279, the
occupational licensing section shall officially suspend the license and notify the licensee
of the suspension. The suspension shall remain in effect until all of the requirements of
this section have been satisfied and a new license has been issued by the occupational
licensing section.
(3) Violations ofArticles III and IV of this Chapter awe:
a. In the event two (2) or more convictions for violations of the rules
and regulations within Articles III and IV of this Chapter efdinan<e or of any
health code, statute or regulation occur within a two-year period, the occupational
licensing section shall, upon notification of the date of the second conviction,
suspend the license and notify the licensee of the suspension. The suspension
shall remain in effect for a period of sixty (60) days.
b. In the event one or more convictions for violations of the rules and
regulations of Articles III and IV of this Chapter ^owe or of any health code,
statute or regulation occur within a period of two (2) years from the date of the
violation from which the conviction resulted for which the license was suspended
for sixty (60) days under paragraph a. above, the occupational licensing section
shall, upon notification of the date of the first conviction, suspend the license
again and notify the licensee of the suspension. The time during which the license
was previously suspended for sixty (60) days shall not be included within the two-
year period. The suspension shall remain in effect for a period of ninety (90) days.
C. In the event one (1) or more convictions for violations of a rule or
regulation of Articles III and IV of this Chapter o or of any health code,
statute or regulation occur within a period of two (2) years from the date of the
violation from which the conviction resulted for which the license was suspended
24 ORDINANCE#2006-014
• for ninety (90) days under paragraph b., the occupational licensing section shall,
upon notification of the date of the first conviction, suspend the license again and
notify the licensee of the suspension. The time during which the license was
previously suspended for ninety (90) days shall not be included within the two-
year period. The suspension shall remain in effect for a period of one hundred
eighty (180) days.
d. The renewal of, or new application for, a license pursuant to this cede
Chapter shall not defeat the terms of this section.
(4) Effect of suspension: If a license is suspended, all operations within the
adult entertainment establishment shall cease for the period of the suspension, and the
license shall be suspended for the suspension period. The State of Florida, Division of
Alcoholic Beverages and Tobacco and the Department of Business and Professional
Regulation division ofal^^'�-beverages and tebaee& shall be notified of the
suspension, and no other person shall be allowed to operate an adult entertainment
establishment at that location for a period of one hundred eighty (180) dam six (6)
months.
(5) Effective date of suspension: All periods of suspension shall begin fifteen
(15) calendar days;--inc atttrdays, Sundays, andhOlrda),s, after the date the
occupational licensing section mails the notice of suspension to the licensee, or on the
date the licensee surrenders his or her license to the occupational licensing section,
whichever occurs first.
(b) Revocation:
(1) False information: In the event it is learned or found, or upon sufficient
cause determined that a license was granted based upon false information,
misrepresentation of fact, or mistake of fact by the licensee or his or her agent, the
respective agency that has knowledge of the false information shall notify the
occupational licensing section. The occupational licensing section shall notify the
licensee in writing of the occupational licensing section's intent to revoke the license. The
licensee shall have ten (10) days from the date of receipt of the notification to request a
hearing. The hearing shall be scheduled before the code enforcement board or a heafing
ef€eef special magistrate. If the licensee does not request a hearing, the license shall be
considered revoked ten (10) days after the receipt of the notification. If the licensee does
request a hearing, the license shall remain in effect during the pendency of the action
before the code enforcement board or the soaring o ffieer special magistrate.
(2) Convictions for violations of Articles III and IV of this Chapter erdMaHee:
In the event one or more convictions for violations of Articles III or IV of this Chapter
er-dinanee or of any applicable health code, statute or regulation occur within a period of
two (2) years from the date of the violation from which the conviction resulted for which
the license was suspended for a period of one hundred eighty (180) days pursuant to
subsection (a)(4) of this section, the occupational licensing section shall forthwith revoke
25 ORDINANCE#2006-014
the license and notify the licensee of the revocation. The time during which the license
was previously suspended for one hundred eighty (180) days shall not be included within
the two-year period.
(3) Effect of revocation: If a license is revoked, the licensee shall not be
allowed to obtain another adult entertainment license for a period of two (2) years, and no
license shall be issued during that time period to another person for the location and
premises upon which the adult entertainment establishment was situated.
(4) Effective date: The revocation shall take effect fifteen (15) calendar days,
ineluding Saturdays, Sundays, and holidays, after the date the occupational licensing
section mails the notice of revocation to the licensees or on the date the licensee
surrenders his or her license to the occupational licensing section, whichever occurs first.
Sec. 2.5-30-1. Records and reports; consent.
(a) Each licensee shall keep such records and make such reports as may be required by
the occupational licensing section and the agencies to implement this eo& Chapter and to carry
out its purpose.
(b) By holding a license under this efdinanee Chapter, the licensee shall be deemed to
have consented to the provisions of this e Chapter and to the exercise by the applicable
agencies of their respective responsibilities under this erdinanee Chapter.
•
ARTICLE III. REGULATORY PROVISIONS
Sec. 2.5-41. General requirements.
(a) Each adult entertainment establishment shall, regardless of whether it is licensed,
observe the following general requirements:
(1) Conform to all applicable building statutes, codes, ordinances, and
regulations, whether federal, state, or local; and
(2) Conform to all applicable fire statutes, codes, ordinances, and regulations,
whether federal, state, or local; and
(3) Confirm to all applicable health statutes, codes, ordinances, and regulations,
whether federal, state, or local; and
(4) Conform to all applicable zoning regulations and land use laws, whether
state or local, including but not limited to Br-e ,.ar-d Ceti ty Zoning rode Chapter 28,
Article 31, (location restrictions); and
26 ORDINANCE#2006-014
(5) Keep the original of the adult entertainment license posted in a conspicuous
place at the establishment at all times, which license shall be available for inspection
upon request at all times by the public; and
(6) Opaquely cover each nonopaque area through which a person outside the
establishment may otherwise see inside the establishment; and
(7) Maintain a continuously updated compilation of the required records.
(b) This eerie Chapter, particularly the enforcement provisions, shall not be construed
to supersede the other powers and duties of the agencies listed in section 2.5-22. The
independent powers of the agencies shall not be limited by this eerie Chapter.
Sec. 2.5-42. Prohibition of alcoholic beverages.
(a) Prohibition:
(1) No person or employee shall expose to public view his or her specified
anatomical areas, or simulation thereefof them, in an establishment selling, serving, or
allowing the consumption of alcoholic beverages.
(2) No person maintaining, owning or operating an establishment selling,
• serving or allowing the consumption of alcoholic beverages shall allow a person or
employee to expose to public view his or her specified anatomical areas, or simulation
thereefof them, within the establishment.
(3) No person maintaining, owning or operating an establishment selling,
serving or allowing the consumption of alcoholic beverages shall allow the exposure to
public view of specified anatomical areas, or the simulation theree€of them, within the
establishment.
(4) No person shall cause and no person maintaining, owning or operating an
establishment selling, serving or allowing the consumption of alcoholic beverages shall
allow the exposition of graphic representation, including pictures or projection of film,
which depicts specified anatomical areas engaged in specified sexual activities, or other
sexual acts prohibited by law, or simulation theree€of them, within the establishment.
(5) Nothing herein this Ordinance, however, shall prohibit adult dancing
establishments from selling, serving, or allowing the consumption of alcoholic beverages
and allowing the exposure to public view of specifieed anatomical areas, if they:
a. Have otherwise met the requirements of this er-d nanee the city code;
and
b. Pr-evide an adequate numoef of seettfity personnel within the
0 . establishment—The establishment provides two (2) security officers consisting of
27 ORDINANCE#2006-014
sworn law enforcement officers or uniformed security personnel if the occupant
• capacity is less than or equal to one hundred fifty(150) persons, and an additional
sworn law enforcement officer or uniformed security personnel for each
additional increase of occupant capacity of fifty (50) persons. The security
officers or personnel shall be granted unfettered access to all parts of the
establishment in order to monitor all of the interior and exterior areas of the
establishment; and
C. Provide an adequate number of security personnel patrolling the
parking lot outside the establishment; and
d. Provide a responsible person under the supervision of a manager to
check identification at the door to ensure that minors do not enter; and
e. Have a pafking let whieh is adequately illuminated; and
ef. Have a current, valid alcoholic beverage license issued by the State
of Florida, Division of Alcoholic Beverages and Tobacco, Department of
Business and Professional Regulation.
Sec. 2.5-43. Supplementary requirements.
• (a) Adult Theater: In addition to the general requirements for an adult entertainment
establishment contained in sections 2.5-41 and subsection 2.5-42 (a) of this seeti& , an adult
theater shall, regardless of whether it is licensed, observe the following special requirements:
(1) If the adult theater contains a hall or auditorium area, the area shall comply
with each of the following provisions:
a. Have individual or separate seats, not couches, benches, beds, or the
like, to accommodate the maximum number of persons who may occupy the area.
b. Have a continuous main aisle alongside of the seating areas in order
that each person seated in the areas shall be visible from the aisle at all times.
C. Have a sign posted in a conspicuous place at or near each entrance
way to the hall or auditorium area listing the maximum number of persons who
may occupy the hall or auditorium area, which number shall not exceed the
number of seats within the auditorium area.
d. Premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted access
at an illumination of not less than one (1) foot-candle as measured at floor level.
e. It shall be the duty of the licensee, the owners, and operator and it
shall also be the duty of any agents and employees present on the premises to
28 ORDINANCE#2006-014
ensure that the illumination described above is maintained at all times that any
patron is present on the premises.
f. Post an AIDS crisis sign visible to all patrons on the side of the door
that opens and allows patrons to enter the theater.
(2) If the adult theater contains adult booths, each adult booth shall comply
with each of the following provisions:
a. Have a sign posted in a conspicuous place at or near the entrance way
which states that only one (1) person may occupy the booth at any one time.
b. Have a permanently open entrance way for each booth not less than
two (2) feet eight (8) inches wide and not less than seven (7) feet high, which will
never be closed or partially closed by a curtain, door, or other partition which
would be capable of wholly or partially obscuring a person situated in the booth;
no curtains, doors, or other partitions shall be affixed, attached, or connected to
the permanently open entrance way of a booth.
c. Have one (1) individual seat, not a couch, bench, or the like.
d. Have a continuous main aisle alongside the booth in order that each
person situated in the booth shall be visible from the aisle at all times.
e. Except for the open entrance way of each booth, each booth shall
have walls or partitions of solid construction without holes or openings in such
walls or partitions.
f. Post an AIDS crisis sign visible to all patrons at the open entrance
way to the adult booths.
g. Provide and display to the public, at a place near the main entrance of
the establishment, any information, brochures, or pamphlets supplied by the
county public health unit, that deal with AIDS or and other communicable
diseases.
(3) ReEfurnbishing of adult theaters:
a. Each adult theater subject to this ofdinanee Chapter shall cover the
floor of areas accessible to patrons with smooth and nonpermeable flooring
material which can withstand frequent effective cleaning in accordance with
paragraph (4)c. of this subsection (a). Carpeting of any type is prohibited.
b. Each adult theater subject to this o Chapter shall use smooth
and non-permeable upholstery material which can withstand frequent cleaning in
29 ORDINANCE 92006-014
accordance with paragraph (4)c. of this subsection (a) to cover furniture permitted
by this ordinance Chapter for use of patrons.
C. Each adult theater subject to this ^tee Chaster shall have, in
areas accessible to patrons, interior wall surfaces which can withstand frequent
cleaning in accordance with paragraph (4)c. of this subsection (a).
d. Each adult theater subject to this ^tee Chapter shall use only
those shades, blinds and vertical blinds which can withstand frequent cleaning in
accordance with paragraph (4)c. of this subsection (a). Draperies are prohibited.
(4) Sanitation:
a. All areas of each adult theater subject to this ewe Chapter
which are accessible to patrons shall be maintained in a clean and sanitary
condition. The surfaces of all floors, furniture, counter tops, shades, blinds,
vertical blinds, doors and walls of areas accessible to patrons shall be cleaned in
accordance with paragraph (4)c. of this subsection (a).
b. All floors, furniture, counter tops, shades, blinds, vertical blinds,
doors and walls of areas accessible to patrons of adult theaters subject to this
ordinance Chapter shall be renovated or be replaced as needed. All furniture must
• be kept free from holes and rips.
C. Any individual cleaning or sanitizing of the areas accessible to
patrons shall be accomplished a minimum of one (1) time each twenty-four (24)
hours with a 1:10 bleach solution (1 part bleach to 10 parts water), mixed daily, as
recommended by the U.S. Center for Disease Control as a precaution for the
prevention of transmission of the HIV virus and other diseases. A copy of the
approved procedure shall be kept on file at the adult theater and a copy shall be
provided to each person cleaning or sanitizing the areas accessible to the patrons.
Each such individual shall certify that he or she has read and understood the
procedure. The signed copy shall be kept as a part of the records of the adult
theater, and open for inspection by the applicable agencies.
(5) If the adult theater is designed to permit et4deer- viewing by a pefson of
that the adult material to be seen by these per-sons may not be seen from a publie fight af
(b) Adult dancing establishment: In addition to the general requirements for an adult
entertainment establishment contained in sections 2.5-41 and subsection 2.5-42(a) of this seetioR,
an adult dancing establishment shall, regardless of whether it is licensed, observe the following
special requirements:
30 ORDINANCE#2006-014
® (1) It shall have a stage provided for the display or exposure of specified
anatomical areas by an employee to a person other than another employee consisting of a
permanent platform (or other similar permanent structure) raised a minimum of eighteen
(18) inches above the surrounding floor and encompassing an area of at least one hundred
(100) square feet; and
(2) The exposure by an employee of specified anatomical areas, or simulation
thereof, to public view shall be restricted to the stage required in (1) above; and
nonemployees or patrons shall not be allowed closer than four (4) feet to the stage edge
when an employee exposes those anatomical areas; and
(3) An area in which a private performance occurs shall:
a. Have a permanently open entrance way not less than seven (7) feet
wide and not less than seven (7) feet high, which entrance way will never be
closed or partially closed by a curtain, door or other partition which would be
capable of wholly or partially obscuring a person situated in the area; and
b. Have a wall-to-wall, floor-to-ceiling partition of solid.construction
without holes or openings, which partition may be completely or partially
transparent and which partition separates the employee from the person viewing
the display; and
C. Have, except for the entrance way, walls or partitions of solid
construction without holes or openings in such walls or partitions.
ARTICLE IV. ADDITIONAL, PROHIBITIONS
Sec. 2.5-51. Operation of establishment without valid adult entertainment license.
It shall be unlawful for a person to operate or participate in the operation of an adult
entertainment establishment when the person knows or should know:
(1) That the establishment does not have an adult entertainment license for the
applicable classification; exeept as stated in seetion-2.5 26; or
(2) The applieation a lieense issued sH e seetion 2.5-26 has been denied
was net issued befofBeeerber 1, 1°3; or
(2-3) That the establishment has a license which is under suspension; or
(34) That the establishment has a license which has been revoked or canceled; or
(4-5) That the establishment has a license;which has expired.
Sec. 2.5-52. Violations of erd-ina-n-ee Chapter.
31 ORDINANCE#2006-014
• (a) It shall be unlawful for a person to be an operator of an adult entertainment
establishment which does not satisfy all of the general requirements of Article III of this
efdinanee Chapter.
(b) It shall be unlawful for a person to be an operator of an adult theater which does not
satisfy all of the special requirements of section 2.5-43(a).
(c) It shall be unlawful for a person to be an operator of an adult dancing establishment
which does not satisfy all of the special requirements of section 2.5-43(b).
Sec. 2.5-53. Allowing employee to engage in prohibited acts.
It shall be unlawful for an operator of an adult entertainment establishment; regardless of
whether it is licensed under this Eede Chapter, to knowingly, or with reason to know, allow an
employee:
(1) To engage in a lap dance with a person at the establishment; or
(2) To contract or otherwise agree with a person to engage in a lap dance with a person
at the establishment; or
(3) To contract or otherwise agree with a person to engage in specified sexual activity
• at the establishment; or
(4) To display or expose a specified anatomical area while simulating specified sexual
activity with another person at the establishment, including with another employee; or
(5) To allow a person, excluding another employee, to touch a portion of the clothed or
unclothed body of the employee below the neck and above the knee, excluding that part of the
employee's arm below the wrist, referred to as the hand; or
(6) To engage in a private performance, unless such employee is in an area that
complies with the special requirements of Article III of this e Chapter; or
(7) To intentionally touch the clothed or unclothed body of a person at the adult
entertainment establishment, excluding another employee, at a point below the neck and above
the knee of the person, excluding that part of the person's arm below the wrist, referred to as the
hand; or.
(8) To display or expose at the establishment a specified anatomical area unless such
employee is continuously positioned away from a person other than another employee, and
unless such employee is in an area as described in section 2.5-43(b).
Sec. 2.5-54. Engaging in prohibited activity.
32 ORDINANCE#2006-014
It shall be unlawful for an employee of an adult entertainment establishment, regardless
of whether it is licensed under this chapter:
(1) To engage in a lap dance with a person at the establishment;
(2) To contract or otherwise agree with a person to engage in a lap dance with a person
at the establishment; or
(3) To contract or otherwise agree with a person to engage in specified sexual activity
at the establishment; or
(4) To displaypose a specified anatomical area while simulating a specified
sexual activity with another person at the establishment, including with another employee;
(5) To allow a person, excluding another employee, to touch a portion of the clothed or
unclothed body of the employee below the neck and above the knee, excluding that part of the
employee's arm below the wrist, referred to as the hand.
(6) To engage in a private performance, unless such employee is in an area which
complies with the special requirements set forth of Article III of this chapter; or
(7) To intentionally touch the clothed or unclothed body of a person at the adult
entertainment establishment excluding another employee, at a point below the neck and above
• the knee of the person excluding that part of the person's arm below the wrist, referred to as the
hand; or
(8) To display or expose at the establishment a specified anatomical area unless such
employee is continuously positioned away from a person other than another employee, and
unless such employee is in an area as described in section 2.5-43(b).
Sec. 2.5-554. Advertising prohibited activity.
It shall be unlawful for an operator of an adult entertainment establishment, regardless of
whether it is licensed under this cede Chapter, to advertise the presentation of an activity
prohibited by an applicable state statute or local ordinance.
Sec. 2.5-56-. Specified criminal offense.
It shall be a violation of this ewe Chapter if the licensee is convicted or is adjudged
guilty of a specified criminal offense for activities that occurred at the establishment, or if it has
been determined that specified criminal offenses have occurred at the licensed premises.
Sec. 2.5-576. Minors prohibited.
It shall be unlawful for an operator of an adult entertainment establishment, regardless of
whether it is licensed under this cede Chapter, to knowingly, or with reason to know, allow:
33 ORDINANCE#2006-014
(1) Admittance to the establishment of a person under eighteen (18) years of age; or
(2) A person under eighteen (18) years of age to remain at the establishment; or
(3) A person under eighteen (18) years of age to purchase goods or services at the
establishment; or
(4) A person to work at the establishment as an employee who is under eighteen (18)
years of age.
Sec. 2.5-587. Working at establishment which does not have valid adult entertainment
license.
It shall be unlawful for a person to work in an adult entertainment establishment which he
or she knows or should know is not licensed under this Bede Chapter, exeept .index- the
pr-e ,: s of seetiaen 2.S-2-6-,or that has a license which is suspended, revoked, canceled, or
expired.
See. 2.5 58. Engaging in prohibited netivity.
it shall be unlawful fer- an einpleyee of an adult entei4ainiffient establishment, regardless 0
whether- it is lieensed undef this Ged&--
(1) T engage in ., lap ,a.,nee with aor a4 the e stab lisli nic....,e t•
(2) T eentraet or- other-wise agree with ., t 1., ,.1.nee with
-
„b�b� aY Ye
.,t the establishment; E
(4) 1 To-display-ef exppese a4 the establishment less than-eenipletely and Opaquely
eevered a speeified anatemieal area unless sueh empleyee is eantinueusly positioned away ffein
a per-son other than another empleyee, and unless stieh empleyee is in an area as deser-ibed in
oetio 2.5 43(b); e
(5) Te engage in the display or- exposure f a speeified n t,,.,,ieal area .A,bi a
simulating a speeified sextial aetivity with anotheF per-son at the establislhinefit, ifieludifig with
anothefei eyee-or
(6) - e engage in a pr-i Duce-per-efinanee unless sueh empleyee is in an area „h
n 1' with the s .,1 « nts set f,-th ; eetion 2.5 43(b); o
establishment,(7) Te intentionally tetteh the elethed or unclothed bed), of a per-son at the adul!
the knee of the referred to as the
> that er-sen's arm below the >
hand; e
> >
employee'sunelethed bedy of the empleyee belew the neek and above the knee, exeltiding that part of the
affnbelow,the Yffist, of ed tons the hand.
34 ORDINANCE#2006-014
Sec. 2.5-59. Touching of employee by nonemployee.
It shall be unlawful for a person in an adult entertainment establishment, other than
another employee, to intentionally touch the unclothed or clothed body of an employee at a point
below the neck and above the knee of the employee, excluding that part of the employee's arm
below the wrist, referred to as the hand.
Sec. 2.5-60. Exceeding occupancy limit of adult booth.
It shall be unlawful for a person or persons to exceed the occupancy restrictions for an
adult booth specified in section 2.5-43(a)(2).
Sec. 2.5-61. Use of rest rooms or dressing rooms.
(a) Notwithstanding a provision to the contrary, it shall not be unlawful for an
employee of an adult entertainment establishment, regardless of whether it is licensed under this
eede Chapter, to expose a specified anatomical area during the employee's bona fide use of a rest
room, or during the employee's bona fide use of a dressing room, which is accessible only and
restricted to employees.
(b) The restrictions of Article III and thisArticle IV, including but not limited to
sections 2.5-53, 2.5-548, and 2.5-59, also apply to all rest rooms and dressing rooms.
(c) Notwithstanding apy provision to the contrary, it shall not be deemed unlawful for
a person to expose a specified anatomical area during that person's bona fide use of a rest room.
Sec. 2.5-62. Hours of operation.
(a) It shall be unlawful for an operator of an adult entertainment establishment to allow
such establishment to remain open for business, or to allow an employee to engage in a
performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a
service, between the hours of 2:00 a.m. and 8:00 a.m. on all days.
(b) It shall be unlawful for an employee 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, between the hours of 2:00 a.m. and 8:00 a.m. on all days.
Sec. 2.5-63. Alteration of license.
It shall be unlawful for a person to alter or otherwise change the contents of an adult
entertainment license without the written permission of the occupational licensing section.
35 ORDINANCE#2006-014
Sec. 2.5-64. False statement or false information in applying for license.
It shall be unlawful for a person applying for an adult entertainment license to make a
false statement that .is intended to facilitate the issuance of a license, or to provide false
information that is intended to facilitate the issuance of a license.
Sec. 2.5-65. Violations subject to prosecution.
Whoever violates any subsection of sections 2.5-42, 2.5-43, and 2.5-51 through 2.5-64
inclusive, of this ^Chapter may be prosecuted by the state atterne City prosecutor.a*d
punished as pfevided by Seetien 125.69, Flefi 'a Statute Upon conviction for a violation of
Article III or this Article IV, the prosecuting officials shall notify the occupational licensing
section of the conviction, including the date of the violation.
Sec. 2.5-66. Violation subject to civil prosecution.
A violation of any subsection of section 2.5-41 of this erdinanee Chapter may be
prosecuted by the City prosecutor, sheriff, or the Community Development
Department the building andpet:mitting di �d/ ade „a of „t a ;,
", ui`v'i�ivii
before the eode enfer-.eme t bear-a courts, special ma isg trate, e 4'ie ring ^�or both. Upon
conviction for a violation the provisions of Article III., and this Article IV or both, the
prosecuting officials shall notify the occupational licensing section of the conviction, including
the date of the violation.
Sec. 2.5-67. Violation of health codes.
Upon a conviction of a violation of any health code, statute or regulation, the prosecuting
officials shall notify the occupational licensing section of the conviction, including the date of
the violation.
Section 3. Chapter 4, "Alcoholic Beverages," Article II "Operation Regulations,"
Section 4-37 "Nudity on premises where alcoholic beverages are offered for sale" of the City's
Code of Ordinances is hereby deleted as follows:
(a) it shall be unlawful for- any per-son to engage in nude ef seminude enteftainment
dispensed, eenstimed, possessed er-offered for sale or eensumption en the premises See. 4 37. Nudit), on premises wheFe aleoholie beverages are offered for sale.
Till be unlawful for- any female per-son, t,•iE)fi the prefinisesf . al
> sold, dispensed,
eensufned> >
• view thm area of the hufnan f�male breast 4 E)r- belaw the areola thef!eaf or-to empley, an), d,
36 ORDINANCE#2006-014
or- eover-ing whieh is intended to give the appear-anee ef or- simulate sueh areas of the fem
breast as .lesar;hed herein.
(e) it shall be unla,,A,ful for- any, per-sen, while on the pf!efnises of a eeffiffle
> ,
area,view his or- her- genitals, pubie butteeks,
anus er anal eleft of eleavage or- to empley any,
deviee or- eever-ing which is intended to give the appearanee of of simulate the genitals, pubie
h„tteeksantis or- al ..loft , elea.,age
(d) it shall be unlawfii! for- any per----- maintaining, opefating of leasing any
eenifner-eial establishment at whieh aleehelie beverages are, of afe available, to be, sold,
dispensed, eensumed, possessed ef offered f6f sale or- eonsumption on the premises to suffer- or-
(e) f this seetion.
(e)—ice-shall be unlawful for- any ent2ft'finer-, peff ef er-empleye ,2 While on
> speetatef,
(f) it shall he „lawful for- any,_entei4ainer-,-perfefiner- or- employee, while on ci c
pfemises of d establishment regulated undef this seetion, to sit upon of straddle the
leg legs, lap or- holy of any patren eetater- or- ether per—son the.";,, or-t., e eer- simulate
sexual t;..;t< while to eh; er-being g te, ehe,i by, said patren, speetat. er- other-
( shall he 1 f,l for- ,
commer-eial establishment r-egulated 11-Jer- tLiq Ar-dinanee te suffer- of perinit any, violation o
subsections (e) r (f) of this et'�
(h) A per-sonwho shall vielate n of this seetion shall be guilty of an
owner,offense against the eity punishable by a fine not to exeeed five hundred dollars ($500.00) of
imprisonment fer a ter-m not exeeeding ninety (90) days, or- both sueh fine and ifnpfisenfflent.
Eaeh day any sueh vielation shall eentinue shall eenstittite a separate offense. in addition, if the
> > fieensee, lessee, e
Dania,employee or- an), othef per-son pai4ieipating in
the operation of a eemmefeial establishment leeated within the City of at whieh
>
aleehelie beverages are efftfed for- sale for constimption on the premises shAll hp r-envieted e
any of the offenses designated in this seetion, then the oeeupatienal lieenw ef said establishfflent
and affer-ding the holder- an oppeAunity to be heard as to why the r-evoeation should not be
issued.
Section 4. Chapter 17 "Offenses," Article I "In General" of the City's Code of
Ordinances is hereby amended to read as follows:
Sec. 17-9 indeeent Entertainme Public Nuditv— Generally
•
37 ORDINANCE#2006-014
• It shall be unlawful for any hostess w itfess f male epAei4.,i„er, f male empleyee or- afly
ether female person, in any eeektail leunge,baf, saloon,-e-abar-e*, nightclub, festa r-ant er- any
ether public place within the city to be found in a state of nudity or in an indecent exposure of
the person, before an audience, except in anyplace provided or set apart for that purpose, which
shall be subject to the provisions of Chapter 2.5 of the Code.
See. 17 10. Same gets deelared unlawful.
( ) Thez h stess, waitress, female-own female o rleyee
make nude, of give the illusion ef nudity, of an), part E)f either- the genital er-gans, butteeks of
breasts
(b) The exposure b a alo rf r, ale o r.l^yeeor- any ^the No per-son at
butteeks..
(e) —Ti-he per-fer-manse- danEe, episede a „teft,' t byfemale 1 11 lrllella ., u
pefsen at a hl' 1 ee and in the prey nee efry" 'r'a'd-ienee, where the-purpose of sueh
per-fefmanee is to difeet the attention of the audienee to the breasts, butteeks or- genital organs 0
the rf
See.117 11.Same Responsibility of empleyer..
it shall be unlawful for- any owner, operater- of manager- of any eeektail ,saleen >
r-estaur-ant er any ether publie piaee within the eity to employ an),
> eabaret, nightelub,
employeeper-son te engage in the eenduet ef aets prohibited by either- seetion 17 9 of 17 10, OF te peffflit
any t^ engage in the ee du et of aets Y re ibate by said seet.en
..
1'7 11 2 A d � � + 1 . distributing ibuti t
��L�. JLTT7�J'.�CI„IiieCeiri�7TCL�R'S"� oT1�G11niJ'� R1J� 1[/u biu�,4v iiiaaava...
(z-r)--ni, the purpascsor,this ae.....,...
(1) Human genitals in a state of sexual sti,,,,,1.tier 1
i-�ary uoua,
��L')'—TiN CRI-bCCLTO'Ir sexual TirCGT ui sv vi ..v uviii y,
(2) Fondling ^ other- oetie tettehing of human genitals, r„1 iv region, butte e
k or-
female breast
38 ORDINANCE#2006-014
Nude,er partially,denudedfigures shall mean:
(1) Less, than eompletely and opaquely eovefed (a) human genitals, (b) pubie rvg;V11J,
(e) btAtoek, and (d) female breast belew a point immediately abeve the top of the ar-e0la; and
(2) Human male genitals in a diseefnibly tufgid state, even if completely and opaquely
eevefed.
Knewiffg4, shall mean having knowledge ef the ehar-aetef and eentent ef the publieatien ef
ehar-aeter- of the safne.
(1�) PR(WHITED Evefy pefso, .he shall will�..11y or knewrgy engage Ibusiness of i-rlr
selling, lending, giving away, showing,
adveftising fer- sale or distr-ibuting to any
per-son under the age of eighteen (18) years ef who has in his ith intent to efigage in
the age ef eighteen (1 8) yeafs or .,he shall display at newsstands tl, 1�,.n;ne
TV1 Ull,'1 Vl.11l�l VUJ311�J
are or- may be invited as a part of the general publie any motien establishment ffequented by minefs undef the age of eighteen (18) yeafs of where said minefs
peeket
per-feffnanee, of any still pietufe of photograph or- any book, >
the eovef of eontent f. ,b,ie o plaitn n . eyete to p lly In de , of.lese f,�,t eff .
, ' , � PiN.,.11� laia.avva.'.Y vi �....v.+..t..........., ...
lewd,depietions of illieit sex of sexual immefality or- whieh is of indeeent, of whieh
7
Pr-eveke ar-ouse lust of passion or-to expleit sex, lust of pefver-sion faf eemmer-eial gain ar any
O • •
Sec. 17-11.4. Nudity, sexual conduct prohibited in conjunction with alcohol.
(a) No person shall expose to public view his or her genitals, ' ubie areas, vulva, 1
anal ele€t- or- elew,,age, or- any peftion of the f rert^i g specified anatomical areas, as defined in
Chapter 28, Article 31, Section 31.10 of the code, or any simulation thereof of them in any
establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on
the premises.
(b) No female person shall expose to public view any specified anatomical areas as
defined in Chapter 28 Article 31 Section 31.10 of the code, an pet4ien of hef h,.oas
eneempassed within an area falling bele",the hefizental line ene would ha3,,e to draw to intef!seet
a point above the lop of the areela or- an), pai4ien of the are or any simulation thereef of them
in any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for
consumption on the premises. This definition shall inelude the entirelower- poi4i_ 1 11- .,,an
female breast, bu! shall not inelude any pei4ien of the eleavage of the human female bfeast
e�Ehibited by a dress, blettse, shiA, leotafd, bathing stiit er- other- wear-ing appafel, provided the
ar-eala is net so expesed.-
39 ORDINANCE#2006-014
(c) No person maintaining, owning, or operating an establishment at which alcoholic
beverages, beer or wine are offered for sale for consumption on the premises shall suffer or
permit any female person to expose to public view any specified anatomical areas as defined in
Chapter 28, Article 31, Section 3 1.10 of the code, pet4ion of her- breasts eneempassed within an
area failing below the hefizental kne have to draw te inter-seet a point immediately
above the tep of the afeela, of any pei4ien of the , or any simulation thereof of them,
within any establishment at which alcoholic beverages, beer or wine are sold or offered for sale
for consumption on the premises. This definition shall lude the entire lower „eftien of the
human female bfeast, but shall not inelude an), peftion of the eleavage of the hufflan female
bFeast exhibited by a dfess, blouse, shk4, leetafd, bathing suit, or- ether- weafing appafel, pfevided
the areela is, of se exposeld.-
(d) No person shall engage in and no person maintaining, owning, or operating an
establishment at which alcoholic beverages, beer or wine are sold or offered for sale for
consumption on the premises shall suffer or permit any specified anatomical activities as defined
in Chapter 28, Article 31, Section 3 1.10 of the code sexual intefeetir-se, tur-b do ^ '^m
beastiality, er-al eeptda4ien, flagellation, any sexual aet whieh is prohibited by law, tettehing,-
14iim111-A*i^r thefe^ within any establishment at which alcoholic beverages, beer or wine are sold
or offered for sale for consumption on the premises.
s • •
Section 5. Chapter 28 "Zoning," Article 31 "Adult Entertainment Establishments,"
Section 31.10 "Definitions" of the City's Code of Ordinances is hereby amended to read as
follows:
CHAPTER 28. ZONING.
ARTICLE 31. ADULT ENTERTAINMENT ESTABLISHMENTS.
Sec. 31.10. Definitions.
Adult material. One (1) or more of the following, regardless of whether it is new or used:
(a) Books, magazines, periodicals, or other printed matter, photographs, films, motion
pictures, video cassettes, slides or other visual representations; recordings or other audio
materials; and anatomically correct novelties or devices that have, as their primary or dominant
theme, subject matter depicting, exhibiting, illustrating, describing, or relating to specified sexual
activities or specified anatomical areas as defined below; or
40 ORDINANCE#2006-014
(b) Anatomically correct Unstruments, novelties, devices, or paraphernalia which are
designed for use in connection with specified sexual activities, excluding bona fide birth control
devices.
Sec. 31.40. Limitations.
Regulated uses shall be permitted only within the Industrial-Research-Office-Marine
(IROM) zoning district, subject to the following restrictions
Y
(2) No regulated use shall be allowed within one thousand (1000) feet of the property
line of any existing use with an alcoholic beverage license, any existing residentially zoned or
planned property, an existing residence, an existing church or other place of worship, an existing
school, sti publie lib s+;., ,a eate ortofiurser-y fe h � i g
r c���il�ure..,-u�� ex.�t...
eemmu
nity e^"eRe or an existing public park (referred to collectively herein as "incompatible
uses").
Section 6. Except as amended above, all other provisions of Chapters 2.5, 17, and 28
of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full
force and effect.
Section 7. All ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 8. If any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 9. The provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Dania Beach, Florida, the sections of the Ordinance may be
renumbered or relettered to accomplish such intentions, and the word "Ordinance" shall be
changed to "Section," "Article" or other appropriate word.
41 ORDINANCE#2006-014
Section 10. This Ordinance shall take effect immediately at the time of its passage and
adoption.
PASSED on first reading on March 28, 2006.
PASSED AND ADOPTED on second reading on April 11, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS T1,4 FORM AND CORRECTNESS
r) " �
THO AS . i B k O
CITY AT- ORNEY
42 ORDINANCE#2006-014
� a
CITE' OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commission
CC: Ivan Pato, City Manager
Larry Leeds, Community Development
Chief Cowart
FROM: Susan L. Trevarthen and
Chad Friedman
DATE: March 22, 2006
RE: Summary of Adult Entertainment Code Changes
I. Introduction
Adult entertainment establishments are protected by the freedom of expression
requirement of the First Amendment of the United States Constitution because courts have
concluded that "adul t entertainment" includes an element of expression or speech. The United
States Supreme Court has determined that adult entertainment establishments may be regulated
by "content-neutral" regulations. A content-neutral regulation does not regulate the actual
speech, but instead regulates the secondary effects associated with the speech.
On October 11, 1994, the City adopted Chapter 2.5 of the Code of Ordinances (the
"Code") entitled "Adu It Entertainment Code," which regulates the secondary effects of adult
entertainment establishments by requiring licensing of and imposing business regulations on
these uses. In addition to Chapter 2.5, Chapter 17 of the Code indirectly regulates these uses
by regulating nudity, and Chapter 28 regulates the zoning of these uses. The proposed
Mayor and Commissioners
March 22, 2006
Page 2
• ordinance resolves a number of inconsistencies within and between these cha
pters, and updates
a number of provisions to reflect the current state of this evolving area of the law.
II. Summary of Changes
Below you will find a summary of these changes:
• Removal of county references. Chapter 2.5 regulates the operations and
licenses for adult entertainment establishments within the City. These
provisions were originally adopted from the Broward County Code of
Ordinances and currently still refer to the County. All of the County references
throughout Chapter 2.5 have now been removed and have been replaced by
references to the City.
• Updated studies. The adoption of Chapter 2.5 in 1994 was supported by a
number of findings made by the City Commission. Those findings were made
based upon studies that demonstrated the secondary effects of adult
entertainment establishments. These studies, the names of which are currently
codified in Section 2.5-4 of the Code, are being updated by the proposed
ordinance to reflect more recent studies.
• Consistent definitions. The definitions in Chapter 2.5 are amended by making
them consistent with the definitions in Chapter 28, Article 31, Section 31.10.
The term "adult material" has been amended to include novelties or devices that
are anatomically correct. It should be noted that bona fide birth control devices
are excluded from this definition. In addition, the definition for "schools" has
been created, which will be used for spacing purposes.
• Clarify license classifications. The adult entertainment classifications for
licenses were expanded to include all of the defined uses.
• Prompt administrative review of license applications. The United States
Supreme Court requires prompt administrative review of license applications.
The time frame for administrative review of license applications has been
amended to reflect the most recent cases addressing this issue.
• Removed provisions relating to establishments existing at the effective date of
the ordinance. In 1994, when Chapter 2.5 was enacted, there were existing
establishments within the City. Chapter 2.5 included provisions to address the
time for compliance of these existing establishments. These provisions are no
longer needed as all of the establishments within the City are now subject to the
current provisions of the Code.
2
Mayor and Commissioners
March 22, 2006
Page 2
• Security officers required. Adult dancing establishments that sell alcohol are
now required to provide at least two (2) security guards if there is an occupancy
requirement of 150 persons in the establishment. If the occupancy exceeds 150
persons, there must be an additional officer for every 50 persons. In addition,
security officers are permitted to access every part of an establishment.
• Outdoor adult theaters prohibited. Outdoor adult theaters are now prohibited
within the City.
• Nudity and Alcohol. Section 4-37 "Nudity on premises where alcoholic
beverages are offered for sale" has been deleted because it is duplicative to the
provisions of Section 2.5-42 of the Code.
• Public nudity. Section 17-9 "Indecent Entertainments- Generally" has been
renamed to "Public Nudity- Generally." This change was made to clarify that
this section relates to a prohibition of nudity in a public place, except in adult
entertainment establishments regulated under Chapter 2.5 of the Code.
• Indecent entertainments - acts declared unlawful. Section 17-10 "Indecent
Entertainments -Acts declared unlawful" has been deleted because the
provisions of this section were inconsistent with the provisions of Chapter 2.5 of
the Code.
• Indecent pictures or materials; distributing to minors. Section 17-11.3
"Indecent pictures or materials; distributing to minors" was deleted because
state law already regulates such distribution.
• "Specified Anatomical Areas" and "Specified Sexual Activities." The terms
"specified anatomical areas" and "specified sexual activities," which are
defined terms in the Code, have replaced similar language in Section 17-11.4
"Nudity, sexual conduct prohibited." This change was made not only to
remove inconsistencies, but also to remove potential vagueness concerns. In
addition, the name of this section as been renamed to "Nudity, sexual conduct
prohibited in conjunction with alcohol."
These "housekeeping" amendments are now ready for adoption pursuant to a
comprehensive amending ordinance.
Attachment
3
• Weiss'' Serota Helfman Pastoriza
Cole & Boniske, P.A..,
Memo
To: Tom Ansbro, City Attorney
From: Susan L. Trevarthen, Esq.
Chad Friedman, Esq.
Date: April 3, 2006
Re: Summaries of Adult Use Studies
1. "Adult Use Study," by the Newport News Department of Planning and
Development, Newport News, Virginia (March 1996)
This study examined adult use studies from other cities around the country as well
as the secondary effects of the adult uses currently operating in Newport News. The
studies from other cities indicated that adult uses increase crime and decrease property
• values in the areas surrounding the uses. In Newport News, the police calls for service
indicated that the adult uses experienced crime problems that impacted nearby
neighborhoods or businesses. A survey of realtors in the city indicated that adult uses
lessen nearby residential. property values and may lessen nearby commercial property
values depending on the type of adult use and the amount of concentration. The study
determined that regulation of adult uses was warranted, and mentioned the Detroit,
Michigan ordinance as a good model. The Detroit ordinance encouraged spatial
separation of adult uses, and separation of these uses from residential areas.
2. "Adult Entertainment Business Study for Manatee County, Florida," by
Manatee County Planning and Development Department(June 1987)
This study reviewed a number of adult entertainment studies that were conducted
around the country. After reviewing these studies, this study concluded that sufficient
research had been conducted upon the effects of adult entertainment businesses to justify
imposing special land use controls over the location of adult entertainment businesses.
The secondary effect studies indicated that areas with adult entertainment businesses
tended to have higher crime rates than areas without such uses. In addition, sex-related
crimes were substantially higher in study areas with adult entertainment establishments
compared to the control areas without these businesses.
This study also concluded that areas with a concentration of adult entertainment
businesses were found to have higher crime rates. It was also determined that adult
entertainment establishments have a deleterious effect upon neighborhoods and
residential property values. However, this negative effect decreases with increases in the
distance of the adult entertainment establishments from residential areas.
3. "A Report on the Secondary Impacts of Adult Use Businesses in the City of
Denver," by the Zoning Administration, Office of Planning and
Development, Department of Public Safety, Department of Excise and
Licenses, Assessor's Office, and in consultation with the City's Attorney's
Office, Denver, Colorado (January 1998)
In 1996, an Adult Use Study Team was established to assess the secondary
impacts caused by adult use businesses on nearby properties and neighborhoods, and to
determine the availability of sites for adult businesses. This Team found that adult use
businesses caused negative secondary impacts to nearby properties and neighborhoods,
including criminal activity, litter, noise, traffic problems, and depreciation in residential
property values. A survey of residents in areas where adult use businesses were located
demonstrated that the litter generated by such businesses included printed material
containing pornography, used condoms, sex paraphernalia, and used syringes. The
criminal activity, which was significantly higher around adult use businesses compared
with the city as a whole, included disturbing the peace, public indecency, prostitution,
drug-related violations, loitering, robbery, larceny, theft from motor vehicle, public
indecency, and urinating in public.
4. "Report to American Center for Law and Justice on the Secondary Impacts
of Sex Oriented Businesses," by Peter R. Hecht, Ph.D. of the Environmental
Research Group (March 31, 1996)
This study complied new data, examined municipal land use studies and historical
data from the late eighteenth century through 1996, and drew conclusions based on
statements and conclusions of previous land use studies. This study concluded that
sexually oriented businesses provide a potential focus for illicit and undesirable activities
by providing a place of contact for numerous potential customers for prostitution,
pandering, and other activities. In addition, when alcohol is provided on site or nearby,
or when there is a large concentration of sexually oriented businesses, the quantity of
undesirable activities increases. This provides for a snowball effect of undesirable
activities that feed upon and support each other. The research also revealed that sexually
oriented businesses have more of an impact on smaller towns than they do on larger
towns because smaller towns do not have enough land to effectively "divide up" the
businesses. This study also concluded, that when these businesses are located near
residential areas, or educational and religious institutions, a number of children were
exposed to inappropriate models of behavior, and were victims of opportunistic personal
crimes.1
1 It should be noted that it was also determined that the elderly and women were also susceptible to
opportunistic personal crimes when sexually oriented businesses were located in close proximity to
residential areas,or religious and educational.institutions.
2
. In addition, it was also concluded that sexually oriented businesses have a
negative impact upon both residential and commercial property values located within
three blocks of the adult use. The presence of sexually oriented businesses was
considered by real estate appraisers and lenders to be evidence of community decline and
decay. Also, other research indicated that areas with sexually oriented businesses
experience lower rates of appreciation in property values and/or higher turnover in
properties in comparison to comparable areas without sexually oriented businesses.
5. "Sexually Oriented Business Ordinance Revision Committee Legislative
Report, Houston, Texas (January 7, 1997)
A committee was formed to determine how the city could strengthen the existing
sexually oriented business ordinance. The committee found that criminal activities,
anonymous sex, spreading of sexually transmitted diseases, and other such acts were
occurring within sexually oriented businesses. In order to try to regulate these secondary
effects, the committee determined that it was necessary to license all of the entertainers
and managers of sexually oriented businesses, provide for certain configurations and
lighting requirements within the businesses to aid the police department in their
investigations, provide distancing requirements from the city's family centers, parks, and
neighborhoods, and provide for the elimination ,of "glory holes" to reduce the risk of
anonymous sex.
• 6. Transcript of Workshop Meeting of City Council, City of Tampa, Florida,
regarding "Draft Proposal of Establishing a Locational Criteria for Adult
Bookstores, Adult Theatres and Special Cabarets" (July 1, 1982).
The City of Tampa police department gave a presentation to the City Council
regarding adult entertainment establishments. This presentation focused on the specific
locations of adult entertainment businesses, the type of criminal activities associated with
these businesses, and the effect they have on the community. The police department
advised that, if adult entertainment businesses are permitted to "set up shop" anywhere in
the City without zoning restrictions the following will likely occur: 1) there will be a
decrease in property values; 2)persons of ill repute will move into these areas of the City;
and 3) there will be an increase in criminal activity directly associated with these
businesses. The department found that adult entertainment establishments invite
racketeering, robbery, assault, arson, murder, narcotics, bookmaking, pornography, profit
skimming, loan sharking, and lewd and lascivious acts. In addition, the collection of
large numbers •(2 or more) .of these establishments would be detrimental to the
surrounding neighborhoods. After this presentation, the City Council voted unanimously
to establish locational criteria for adult entertainment establishments.
3
7. "Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate
Appraisers," by the Community Development Department of the City of
Oklahoma City, OK(March 3, 1986)
This study contained the results of a survey of 100 Oklahoma City real estate
appraisers. Appraisers were given a hypothetical situation and asked to comment on the
effects of sexually oriented businesses in Oklahoma City. The hypothetical situation
presented was a residential neighborhood bordering an arterial street with various
commercial properties which served the area. A building vacated by a hardware store
was soon to be occupied by an "adult" bookstore. No other sexually oriented businesses
were in the area, and no other vacant commercial space existed.
With less than a one month response time, 34 completed surveys were received by
the city. The great majority of appraisers (about 75%) who responded to this survey felt
that there was a negative impact on residential and commercial property values within
one block of an adult bookstore. This negative impact dissipated as the distance from the
site increased so that, at three blocks, only half of the appraisers felt that there was a
negative impact on residential property and less than half felt that there was a negative
impact on commercial property. In the subjective portion of the survey, a number of the
appraisers stated that sexually oriented businesses frequently attract undesirable clients
and businesses, present a safety threat to residents (especially children), detrimentally
impact rental rates and home sales, and prevent economic improvement in their
neighborhoods
8. "Effects of Adult Entertainment Businesses on Residential Neighborhoods,"
by the Department of Planning, Research and Development, City of El Paso,
TX (Sept. 26, 1986)
This study, done by the Department of Planning, Research and Development, the
City Attorney's Office, the Police Department Data Processing Division, and New
Mexico State University, involved one year of studying the impacts of sexually oriented
businesses on the El Paso area. A separate report by New Mexico State University on
perceived neighborhood problems was also included in this study. Three control areas
and three study areas were used to evaluate the secondary effects of sexually oriented
businesses. The study concluded that the following conditions existed within the study
areas:
(1) The housing base within the study area decreased substantially
with the concentration of sexually oriented businesses
(2) Property values decreased for properties located within a 1-
block radius of sexually oriented businesses
(3) There was an increase in listings on the real estate.market for
properties located near sexually oriented businesses
(4) The presence of sexually oriented businesses resulted in a
relative deterioration of the residential area of a neighborhood
(5) There was a significant increase in crime near sexually oriented
businesses
(6) The average crime rate in the study areas was 72% higher than
4
the rate in the control areas
• (7) Sex-related crimes occurred more frequently in neighborhoods
with even one sexually oriented business;
(8) Residents in the study areas perceived far greater neighborhood
problems than residents in control areas; and
(9) Residents in study areas had great fear of deterioration and
crime than residents in control areas.
The study of perceived neighborhood problems done by New Mexico State
University revealed a strong, consistent pattern of higher neighborhood crime, resident
fear and resident dissatisfaction in the neighborhoods containing sexually oriented
businesses.
9. The "Presentation to the Orange County Commission" by the Metropolitan
Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando
area)(1988)
The Orange County Deputy Sheriffs and agents for the Metropolitan Bureau of
Investigation became concerned with the prevalence of lewd and indecent acts performed
by the customers and employees in the adult entertainment establishments. An affidavit
from Sergeant Jerry Wert, Vice Unit Supervisor of the Metropolitan Bureau of
Investigation was provided to the County Commission, which documented numerous
observations, photos, and arrests regarding illegal conduct and disease-spreading sexual
acts within these establishments. As a result of this study, the County Sheriff's Office
and the Metropolitan Bureau of Investigation recommended that the County amend the
existing adult entertainment ordinance by tightening the language regarding hours of
operation, inspection, and for private viewing areas exhibiting live and video
performances.
10. The "Adams County Nude Entertainment Study" by the Adam's County
Sheriff s Department (1991)(Colorado)
This study was conducted by the Adams County Sheriff's Office in order to
provide support for a proposed nude entertainment ordinance, which prohibited persons
to appear in a "state of nudity"Z for the purpose of entertaining patrons. This study
consisted of two phases: first, an April 1988 study of six representative locations in
Adams County was undertaken to determine the transiency of adult business customers.
Second, crime statistics in two Adams County areas featuring adult businesses were
gathered for the years of 1986 and 1987. The study concluded that there was a direct
correlation between nude entertainment establishments and an increase in crime, alcohol
related offenses, and transiency of patrons. After review of this study, the County
Commissioners passed the nude entertainment ordinance. Subsequently, this ordinance
z A "state of nudity"occurs when such a person is unclothed or in such attire, costume or clothing as to
expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair,
anus, cleft of the buttocks,vulva or genitals.
5
was challenged and upheld by the Colorado Supreme Court. The court found that the
ordinance did not violate constitutionally protected free speech because it did not ban
nude dancing altogether and it did not unreasonably inhibit the presentation of nude
dancing.
•
6
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA
REGARDING ADOPTION OF
ORDINANCE NO. 2006-014
NOTICE IS GIVEN that on April 11, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City
Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission.Chamber at Dania
Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the
following Ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
AMENDING CHAPTER 2.5, "ADULT ENTERTAINMENT CODE," OF THE CITY CODE OF
ORDINANCES, TO REVISE AND UPDATE THE OPERATIONAL AND LICENSING REGULATIONS
APPLICABLE TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING CHAPTER 4,
"ALCOHOLIC BEVERAGES," ARTICLE II "OPERATION REGULATIONS," SECTION 4-37 "NUDITY
ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE," TO DELETE
INCONSISTENT PROVISIONS RELATING TO ALCOHOL AND NUDITY; AMENDING CHAPTER 17,
"OFFENSES," ARTICLE 1, "IN GENERAL", TO DELETE INCONSISTENT SECTIONS RELATING TO
INDECENT ENTERTAINMENTS AND MATERIALS AND TO NUDITY; AMENDING CHAPTER 28,
"ZONING," ARTICLE 31, "ADULT ENTERTAINMENT ESTABLISHMENTS," SECTION 31.10,
"DEFINITIONS" TO REVISE THE DEFINITION OF "ADULT MATERIAL"; FURTHER, AMENDING
ARTICLE 31, SECTION 31.40, "LIMITATIONS" TO REVISE THE SPACING REQUIREMENTS FOR
REGULATED USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading)
Opies of the proposed Ordinance is on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida, and may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who
decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the
proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,
(954)924-3622 at least 48 hours prior to the meeting.
Lou Ann Cunningham
Planning Associate
Sun Sentinel Notice Date: Friday, March 31, 2006