HomeMy WebLinkAboutR-2001-129 RESOLUTION NO. 2001-129
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, RELATING TO
ZONING IN PROGRESS; DECLARING THAT THE CITY IS
CONSIDERING THE AMENDMENT OF ZONING
REGULATIONS THAT LIMIT THE LOCATION OF ADULT
ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY
TO SPECIFIED ZONING DISTRICTS IF IN COMPLIANCE
WITH THE ESTABLISHED DISTANCE FROM CERTAIN
SPECIFIED USES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach previously
determined that the negative secondary effects of adult entertainment establishments
may result in increased crime rates, reduced property values and a decreased quality of
life in nearby neighborhoods; and
WHEREAS, the City's zoning regulations currently limit the location of adult
entertainment establishments within the City to specified zoning districts and provide for
required spacing from certain specified uses; and
WHEREAS, the City Commission previously determined that the City planning
staff, in consultation with the City Attorney, should review the existing regulations to
insure that they provide adequate protection of the City's neighborhoods; and
WHEREAS, staff has completed such review and, in consultation with the City
Attorney, is developing proposed amendments to the existing regulations; and
WHEREAS, the City Commission finds that amending the existing regulations
may further protect the City's commercial and residential neighborhoods, avoid blight,
preserve property values and that such action would be in the best interests of the City;
and
1 RESOLUTION NO. 2001-129
WHEREAS, such action would be of benefit to the residents of the City of Dania
Beach by preserving property values and protecting neighborhoods within the City; and
WHEREAS, the City Commission wishes to place all parties on notice that it is
considering such regulations and that parties who contemplate the location of adult
entertainment establishments in the City will be reviewed for compliance with such
changes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. The City Commission of the City of Dania Beach declares that it is
processing an ordinance or ordinances (the "Pending Ordinance"), which will be an
amendment to the zoning ordinances of the City of Dania Beach. The Pending
Ordinance amends the zoning regulations that limit the location of adult entertainment
establishments within the City to specified zoning districts if in compliance with the
established distance from certain specified uses, in order to promote preservation of
neighborhoods and protection of property values. Parties who contemplate the location
of adult entertainment establishments in the City will be reviewed for compliance with
the provisions of the Pending Ordinance.
Section 3. All affected property owners are placed on notice that any
application for a development permit, occupational license, or any construction activity
involving the location of an adult entertainment establishment within the City shall be
subject to review pursuant to the requirements of the Pending Ordinance.
Section 4. The adoption of this Resolution shall be evidenced by placement, in
a newspaper of general circulation within the City, of a one-eighth page advertisement
on two occasions within two weeks after adoption of this Resolution. A copy of this
Resolution shall also be posted in the Growth Management Department of the City for
the next one hundred twenty (120) days.
Section 5. All resolutions or parts of resolutions in conflict with the resolution
® are repealed to the extent of such conflict.
2 RESOLUTION NO. 2001-129
• Section 6. This resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED ON THIS 14T" DAY OF AUGUST, 2001.
1� &-�_
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-ABSENT
COMMISSIONER MIKES-YES
LA COMMISSIONER McELYEA-YES
C RLENE J H SON VICE-MAYOR CHUNN-YES
ACTING CITY10LERK MAYOR FLURY-YES
APPROVED AS TO FORM AND
• CORRECT ESS.
THO AS J. ANSBRO, CITY ATTORNEY
3 RESOLUTION NO. 2001-129
STAFF REPORT
® GROWTH MANAGEMENT DEPARTMENT
TO: Jason Nunemaker, City Manager
G. G+
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: Zoning in Progress: Adult Entertainment
DATE: August 14, 2001 City Commission Meeting
Since 1998, Growth Management Department staff and the City Attorney have been
engaged in an on-going dialogue concerning proposed amendments to the Adult
Entertainment Ordinance. Adult entertainment provisions are currently addressed in the
Chapter 28 (Zoning Code), Chapter 2.5 (Adult Entertainment - City Code), and Chapter
4 (Alcoholic Beverages - City Code).
In January and February 2001, the City Attorney's office prepared and submitted draft
text amendments to the Growth Management Department for review. Staff reviewed
® the draft amendments and submitted written comments to the City Attorney in April and
May 2001.
While the preparation of amendments to the Adult Entertainment code provisions has
been a work-in-progress since at least 1998, staff is now entering a more critical phase
in the preparation of amendatory language. As such, staff recommends that the
Commission adopt a "Zoning in Progress" resolution reflecting the past and current
activities of both City staff and the City Attorney.
STAFF RECOMMENDATION
Approval of the "Zoning in Progress" resolution.
ZONING IN PROGRESS ADULT ENTERTAINMENT 081401.doc
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Susan Trevarthan, Assistant City Attorney
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: Review of Proposed Amendments to Chapter 28
(Adult Entertainment)
DATE: April 25, 2001
It is my understanding that the proposed Chapter 28 language is based on the Broward
County Adult Entertainment Ordinance. I have made a number of recommendations
intended to address specific application to the City of Dania Beach.
Page 2: The definition of live entertainment does not include (non-adult) motion
picture theatre, Because non—adult motion picture theatre is currently not
listed as a permitted or special exception use under the Dania Beach
Zoning Code, is it therefore a prohibited use?
® Page 3: Revise "C.1" to "C-1".
Page 4: Articles 19 (DB-2), 20 (DB-3), and 22 (DM-1) are zoning districts that have
never been used. In other words, no parcel of land has ever been zoned
DB-2, DB-3, or DM-1. Rather than amend these zoning districts to
address live entertainment in these districts, staff recommends that the
districts be deleted from the Zoning Code. The same rational applies to
Articles 18 (DR-2), 21 (DC-1), 23 (DM-2), and 24 (DM-3). None of these
zoning classifications have been used. As such, they should be removed
entirely from'the Zoning Code.
Page 4: You have amended Article 16 (IRO) to include "live entertainment."
Articles 27 (IROM) and 30 (IROC) should also be amended accordingly.
Page 5: The adult bookstore definition fails to include language referenced in the
adult material definition in Section 2.5 (Adult. Entertainment) of the City
Code. The definition also fails to acknowledge that printed matter has
been replaced to large extent by videotape, film, or DVD. Also, we have
concerns with videotape rental stores that open up with no adult material
but gradually evolve over time into the rental/sales of exclusively adult
material. Staff suggests the following revisions:
ADULT ENTERTAINEMENT MEMOAMENDMENTS O42501.doc
"Adult book store/adult video store: An establishment having
as a portion of its stock in trade,
books, magazines, periodicals, or other printed matter,
photographs, films, motion pictures video tape cassettes
slides, digital video disks, or other visual representations
recordings, other audio matter; and novelties or devices
which are distinguished or characterized by their emphasis
on matters' depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined
below), or an establishment with a segment or section
devoted to the sale or display of such material."
The current definition of adult bookstore/adult video store requires staff to
confirm that 40% of the gross income, or, 25% of the items offered for
sale, are adult-related material. As you might expect, this criteria 'is
impossible to verify and is subject to change on a daily basis. As such,
our proposed definition defines the sale any adult material as an adult
book store/adult video store and therefore a `regulated use.'
Page 5: The adult mini motion picture theatre definition fails to include the more
specific language referenced in the "adult booth" definition of Section 2.5
(Adult Entertainment) of the City Code.
Page 5: The adult motion picture theatre definition includes "presenting material
having as a dominant theme or presenting material distinguished or
characterized by an emphasis on matters ... specified sexual activities,
etc."
The clause "having as a dominant theme" suggests the City would have to
demonstrate that the dominant theme of the material is adult oriented.
The language "distinguished or characterized by an emphasis on specified
sexual activities, etc." suggests a lesser burden on the City. If this is the
case, can the language relating to dominant theme (which appears to
impose a greater burden on the City) be removed? Please note your
proposed definitions of adult bookstore and adult mini motion picture
theatre do not include the dominant theme wording.
Page 7: Section 1.3 allows regulated uses in W-1" and W-2" districts. As you
know, M-1 and M-2 properties were rezoned to IROM. As such, please
substitute ROM for M-1 and M-2
Section 1.3 also appears to allow regulated uses as a "use-by-right",
subject to specific conditions. Can we instead allow regulated uses as a
special exception use, subject to conditions?
Page 7: Revise Section 1.3 (2) as follows:
"No regulated use shall be allowed within one thousand 1000 feet of the
9 ( )
property line of any existing residentially zoned or residentially planned
property, an existing church or other place of worship, any existing school
or any existing public park." '
Can we increase the minimum distance separation to 1,500 feet, given the
amount of M-1 and M-2, now IROM, in the City?
Does the term school include a private school? What about private
nursery schools? If yes, whose burden is it to prove that there are no
private schools within 1000 feet?
Page 8: Amortization (Paragraph 1). Paragraph 1 suggests that the City
Commission may grant a waiver of the three year amortization in two
situations; those obligated by a prior written lease that exceeds three (3)
years from the effective date of the adult ordinance, and those where the
investment of money in leasehold or improvements are such that a longer
period is necessary to prevent undue financial hardship.
First set of circumstances: If an adult entertainment operator requests an
extension based on a long term (20 years) lease, how does staff or the
City Commission determine that such lease was actually executed prior to
passage of the adult entertainment article?
Assuming the lease is valid, is the Commission obligated to grant an
extension for the entire term (20 Years) of the lease?
Assuming the Commission decides to grant only a partial extension (one
to five years) or deny any extension altogether. Upon what criteria can this
denial be based? Presently, no criteria are indicated in the adult
entertainment ordinance.
Second set of circumstances: How does staff or the City Commission
determine how much money must be invested in order for an extension to
be necessary to prevent undue financial hardship?
Implementation of this language will be fraught with difficulty. I am also
concerned an adult use operator, simply by presenting a long-term lease,
will be able to escape the amortization provisions entirely. Please contact
me on this issue.
Page 8: Amortization (Paragraph 2). Paragraph 2 states "nonconforming uses
shall not be increased, enlarged, extended or altered except that the use
may be changed to a conforming use."
What about an alteration from a single room movie theatre (100 seats) to
a multi-booth mini theatre (25 one-person booths). The operator may
argue that the degree of non-conformity has actually decreased based on
capacity. Staff recommends the following language
"Nonconforming uses shall not be increased, enlarged, or
extended or altered eXGe ,t that the Lise may be nhaRged to
.. ........�... that the uvv u�r vv v�iur-rg�cr-cQz(
cep$—+use. Buildings or premises devoted to non-
conforming uses shall not be increased, enlarged, or
extended. Buildings or premises devoted to a non-
conforming use shall not be altered in any way except if
changed to a conforming use. Normal maintenance and
repair shall be permitted."
Miscellaneous:
The Broward County Zoning Code includes a zoning district (Special
Business District B-2B) that specifically permits adult entertainment uses.
Adult bookstores, adult motion picture theatres, adult mini motion picture
theatres, adult nightclubs, massage parlors, and encounter studios are all
listed as permitted uses in the B-2B zoning district.
B-2B zoning currently exists at the NW and NE corners of SW 34th Avenue
and Griffin Road in the City. There does not appear to be an adult
entertainment use operating at either location. However, the City could
receive a request at any time. Both sites are currently occupied by
buildings (It is not yet know whether additional B-213 zoning exists in those
lands to be annexed on September 15, 2001).
Staff recommends adding language to Chapter 28 deleting all adult uses
from Broward County Special Business District B-213, including those sites
where the zoning currently exists.
STAFF RECOMMENDATION
Please revise Chapter 28 as indicated. Please advise where requested revisions are
not legally desirable or appropriate. A meeting to discuss the revised draft would be a
good idea once you have completed the revisions.
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Susan L. Trevarthen, Assistant City Attorney
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: Review of Proposed Amendments to Chapter 28
(Adult Entertainment)
DATE: April 30, 2001
In the attached May 13, 1998 memo from Assistant City Attorney Ken Keechl to Terry
Virta, Mr. Keechl recommends that adult entertainment uses be limited to the northeast
part of the City, east of the Airport (approximately 284 acres - see attached map).
Keechl also recommended a five-year amortization period.
Most of this area was supposed to be rezoned to Port Everglades Development District
("PEDD") pursuant to a 1994 interlocal agreement with Broward County, Fort
Lauderdale, and Hollywood. Current zoning includes a mixture of IRO, IG, PEDD, and
M-3. The vast majority of the land (including the COPA) is zoned M-3. Current PEDD
sites include 999 Eller Drive (warehouse) and a proposed commercial parking lot (Park-
and-Fly).
Keechl asked Terry Virta to investigate if the PEDD zoning district prohibits adult uses.
There is no record of any response from Mr. Virta. I have attached the 1994 interlocal
agreement for your review.
On May 12, 1998, the City Commission adopted a "zoning-in-progress" resolution giving
themselves 90 days to consider amended adult entertainment regulations. No
amendments to adult entertainment were subsequently adopted.
On August 21, 1999, Assistant City Attorney Lindsey Payne submitted "revised" adult
entertainment use regulations to the Growth Management Director. These regulations
would allow adult uses "by-right" in M-1 and M-2 zoning districts, subject to school,
church, and residential zoning separation requirements (1000 feet). These appear to be
the same regulations you e-mailed me earlier this year.
The former M-1 and M-2 Districts (now IROM) comprise 355 acres and are located
primarily west of I-95. Attorney Keechl's 1998 ordinance confined adult uses to the
northeast portion of the City (approximately 284 acres). Please review the PEDD
ordinance (Article 14 in the Zoning Code) and the attached interlocal agreement to
determine if adult uses can be confined to the PEDD area.
ADULT ENTERTAINMENT MEMO 43001..doc
It is my understanding that the Chapter 28 language is based on the Broward County
Adult Entertainment Ordinance. I have made a number of recommendations intended
to address specific application of this ordinance to the City of Dania Beach.
Page 2: The definition of live entertainment does not include motion picture theatre
(non-adult). Motion picture theatre (non-adult) is not currently listed as a
permitted or special exception use under the Dania Beach Zoning Code.
As such, it is my understanding that said use is prohibited. Please confirm
if this is the case.
Page 3: Revise "C.1" to "C-1".
Page 4: Articles 19 (DB-2), 20 (DB-3), and 22 (DM-1) are zoning districts that have
never been applied to any property. In other words, no parcel of land in
the City (including annexed areas) has ever been zoned DB-2, DB-3, or
DM-1. Rather than amend these zoning districts to include live
entertainment, staff recommends that the districts be deleted entirely from
the Zoning Code. The same rational applies to Articles 18 (DR-2), 21
(DC-1), 23 (DM-2), and 24 (DM-3). None of these zoning classifications
have ever been used. As such, they should be removed entirely from the
Zoning Code.
Page 4: You have amended Article 16 (IRO) to include "live entertainment."
Please amend Articles 27 ([ROM) and 30 (IROC) accordingly.
Page 5: The "adult bookstore" definition fails to include language referenced in the
"adult material" definition in Section 2.5 (Adult Entertainment) of the City
Code. The definition also fails to acknowledge that printed matter has
been replaced to a large extent by videotape, film, or DVD. Staff is also
concerned with non-adult video stores that evolve into businesses
renting/selling primarily adult material. Staff suggests the following:
"Adult book store/adult video store: An establishment having
as a substaRtial GF GigRifffiGast portion of its stock in trade,
books; magazines, periodicals, or other printed matter,
photographs, films, motion pictures, video tape cassettes,
slides, digital video disks, or other visual representations:
recordings, other audio matter: and novelties or devices
which are distinguished or characterized by their emphasis
on matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined
below), or an establishment with a segment or section
devoted to the sale or display of such material. A book or
video store or other place of business that includes the word
"adult" in its name shall be included within the definition of an
adult book store/adult video store.
2
The current definition of adult bookstore/adult video store requires staff to
confirm that 40% of the gross income, or 25% of the items offered for sale,
are adult-related material. These criteria are impossible to verify and
subject to change on a daily basis. As such, our suggested language
defines the sale of any adult material as an adult book store/adult video
store and therefore a "regulated use."
Page 5: The adult mini motion picture theatre definition fails to include the more
specific language referenced in the "adult booth" definition of Section 2.5
(Adult Entertainment) of the City Code. Please revise accordingly.
Page 5: The adult motion picture theatre definition includes "presenting material
having as a dominant theme or presenting material distinguished or
characterized by an emphasis on matters ... specified sexual activities,
etc."
The clause "having as a dominant theme" suggests the City would have to
demonstrate that the dominant theme of the material is adult oriented.
The language "distinguished or characterized by an emphasis on specified
sexual activities, etc." suggests a lesser burden on the City. If this is the
case, can the language relating to dominant theme (which appears to
impose a greater burden on the City) be removed? Please note your
proposed definitions of adult bookstore and adult mini motion picture
theatre do not include the dominant theme language.
Page 6: Parking requirements should be provided for the following "regulated
uses": Adult mini-theatre (one space per each mini-booth plus one space
for each two fixed seats in the main auditorium), encounter
studio/modeling studio (one space per each 200 square feet of gross floor
area), theatres and other places of assembly having fixed seats (this use
is currently indicated in the parking code; one space per each two fixed
seats).
Page 7: Section 1.3 allows regulated uses in W-V and W-2" districts. As you
know, M-1 and M-2 properties were rezoned to IROM. ROM should be
substituted for M-1 and M-2.
Lindsey Payne's memo of August 31, 1999 states, "case law has rejected
adult entertainment subject to special exception approval as an
unconstitutional prior restraint". Is this still the case, or can we regulate
adult entertainment uses as a special exception use under ROM zoning?
In the alternative, please review the PEDD ordinance and the 1994
interlocal agreement to determine if adult uses can be confined to the
northeast portion of the City adjacent to Port Everglades.
3
Page 7: Revise Section 1.3 (2) as follows:
"No regulated use shall be allowed within one thousand
(1000) feet of the property line of any existing residentially
zoned or existing residentially planned property, an existing
church or other place of worship, any existing school or any
existing public park."
Can we increase the minimum distance separation to 1,500 feet, given the
amount of M-1 and M-2, now IROM, in the City?
Does the term school include a private school? What about private
nursery schools and day care facilities? What about community college
classrooms or facilities? If yes, whose burden is it to prove that there are
no private schools within 1000 feet?
Chapter 2.5 of the City Code defines educational institution to include
museums, art galleries, libraries, etc. Are any of these included within the
definition of public school in Chapter 28?
Page 8: Amortization (Paragraph 1). Paragraph 1 suggests that the City
Commission may grant a waiver of the three year amortization in two
situations; where an operator is obligated by a prior written lease that
exceeds three (3) years from the effective date of the adult ordinance, or,
where the operator's investment of money in leasehold or improvements is
such that a longer period is necessary to prevent undue financial hardship.
First set of circumstances: If an adult entertainment operator requests an
extension based on a long-term lease (20 years plus), how does staff
determine that such lease was actually executed prior to passage of the
adult entertainment ordinance?
Assuming the lease is valid, is the Commission obligated to grant an
extension for the entire term (20 years) of the lease? What if the City
Commission decides to grant only a partial extension (one year) or, deny
any extension? Must the City Commission justify their finding or does the
burden shift to the adult entertainment operator?
Second set of circumstances: How does staff or the City Commission
determine how much invested money constitutes "undue financial
hardship?" How does staff verify that this money was actually invested in
the enterprise?
Application of this language will be fraught with difficulty.
4
I am concerned that an existing adult use operator, simply by presenting a
long-term lease or cancelled checks, will be able to extend an adult use
indefinitely. I am also concerned that the ordinance does not specify the
maximum number of years a non-conforming adult use can continue after
Chapter 28 is adopted. Keechl's initial 1998 ordinance specified a five-
year amortization period. Please advise.
Page 8: Amortization (Paragraph 2). Paragraph 2 states "nonconforming uses
shall not be increased, enlarged, extended or altered except that the use
may be changed to a conforming use."
What about an alteration from a single room movie theatre (100 seats) to
a multi-booth mini theatre (25 one-person booths). The operator may
argue that the degree of non-conformity has actually decreased based on
capacity. Staff recommends the.following language
"Nonconforming uses shall not be increased, enlarged, or
extended eF altered evrept that the use may be nha Rged to a
GGRfGFMORg Buildings or premises devoted to non-
conforming uses shall not be increased, enlarged, or
extended. Buildings or premises devoted to a non-
conforming use shall not be altered in any way except if
changed to a conforming use. Alteration shall mean any
change, addition, or modification in construction or
occupancy. Normal maintenance and repair shall be
permitted."
Miscellaneous:
The Broward County Zoning Code includes a zoning district (Special
Business District B-2B) that specifically permits adult entertainment uses.
Adult bookstores, adult motion picture theatres, adult mini motion picture
theatres, adult nightclubs, massage parlors, and encounter studios are all
listed as permitted uses in the B-2B zoning district.
B-2B zoning currently exists at the NW and NE corner of SW 34th Avenue
and Griffin Road in the City. There does not appear to be an adult
entertainment use operating at either location. However, the City could
receive an occupational license request at any time (commercial buildings
exist at both locations) for adult use at this location.
Staff recommends adding language to Chapter 28 deleting all adult uses
from Broward County Special Business District B-2B, including those sites
where the zoning currently exists.
5
If this is not possible, can the City unilaterally rezone both parcels to
another Broward County zoning designation without running afoul of the
Private Property Rights Protection Act?
It is not yet known whether additional B-213 zoning exists in those lands to
be annexed on September 15, 2001.
STAFF RECOMMENDATION
Please revise Chapter 28 as indicated. Contact me to set up a meeting to discuss any
unresolved issues. Please indicate if the City must (or should) allow adult entertainment
as a "use-by-right." Please also indicate if adult uses can be limited to PEDD zoning
districts.
You will have my comments regarding the proposed Adult Entertainment Code (Chapter
2.5 of the City Code) later this week.
Cc: Jason Nunemaker, City Manager
Tom A. Ansbro, City Attorney
Chief Robert Anton, BSO
Ken Koch, Building Official
_ William Johnson, Chief Zoning/Code Inspector
6
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Jason Nunemaker, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: Review of Proposed.Amendments to Chapter 28
(Adult Entertainment)
DATE: May 1, 2001 .
Attached is my review of draft Chapter 28 (Adult Entertainment) of the Zoning Code as
prepared by the City Attorney.
The suggested language would allow adult entertainment as a "use-by-right" in IROM
zoning districts, subject to a minimum a 1,000-foot setback from schools, churches, and
residential zoning districts. 'It is my understanding this is based upon the Broward
County Adult Entertainment Ordinance. I have made a number of recommendations
intended to address specific application to the City of Dania Beach.
I have also requested the City Attorney to research the following:
1) Can adult entertainment uses can be restricted to another industrial zoning
classification that has less coverage than IROM. Specifically, can adult
entertainment uses be limited to parcels zoned PEDD ("Port Everglades
Development District') and located adjacent to Port Everglades.
2) If adult entertainment uses are to be permitted in IROM zoning districts, can the
1,000-foot separation requirement be increased to provide further protection for
residential zoning districts?
Please contact me if you have any questions.
Cc: Mayor and City Commission (with attachment)
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Susan L. Trevarthen, Assistant City Attorney (Via Fax: 764-7770)
FROM: Laurence Leeds, AICP, Director
Growth Management Department
Cc: Tom Ansbro, City Attorney
Jason Nunemaker, City Manager
RE: Review of Proposed Chapter 2.5 of the City Code
(Adult Entertainment Ordinance)
DATE: May 12, 2001
It is my understanding that the draft amendments to Chapter 2.5 of the City Code are
based on adult an entertainment ordinance adopted in other jurisdictions. I have made a
number of recommendations intended to address specific application of this ordinance
to the City of Dania Beach.
Page 5-7: The definitions of adult booth, adult dancing establishment, adult
entertainment establishment, adult motel, and adult theatre appear on
point. However, this same language is not reflected in amended Chapter
28 of the Zoning Code (See memo of April 25, 2001). Staff recommends
that the definitions in Draft Chapter 28, Zoning Code be revised consistent
with Draft Chapter 2.5, City Code.
The definition of adult material does not include the terms videotape or
digital videodisks. Please revise accordingly.
Page 7: The definition of "educational institution" includes day care centers,
nursery schools, junior college, four-year college, libraries, art galleries
and museums open to the public. However, this language is not reflected
in a definition of a "school" as used in Chapter 28 of the Zoning Code (See
memo of April 25, 2001). Staff recommends that the definition of "school"
in Draft Chapter 28, Zoning Code be revised consistent "educational
institution" in Draft Chapter 2.5, City Code.
Page 10: Section 2.5-5 (zoning approval) suggests any provision of Chapter 2.5 is
susceptible to variance review by the Planning and Zoning Advisory Board
and the City Commission. Please confirm if this is the case.
ADULT ENTERTAINMENT CHAPTER 2.5.MEMO 051201,doc.doc
Page 11: Section 2.5-8 (a) (1) d and a (lighting requirements) will be difficult to
enforce. The City currently has no light measuring devices (or persons
qualified use said equipment). Lighting is an "operational" activity that can
vary from day-to-day, making enforcement very difficult.
Page 13: Section 2.5-8 (a) (3) a and c. (floors and walls). Substitute impervious for
nonpermeable.
Section 2.5-8 (a) (3) b (upholstery material) and d (window treatments) will
be difficult to enforce. The Building Official has no jurisdiction over
furniture or window treatment materials.
Section 2.5-8 (a) (4) a, b. and c (cleaning) are operational charatoristics
and, as such, will be difficult to enforce. The Building Official has no
jurisdiction over the level of cleanliness.
Page 18: Section 2.5-17 (Hours of Operation) indicates adult entertainment
establishments must be closed from 2:00 a.m. to 8:00 a.m. Can adult
entertainment establishments be required to close between 11:00 p.m.
and 8:00 a.m.? Please note that enforcement of the operating hours will
the responsibility of the Broward County Sheriff's Office.
STAFF RECOMMENDATION
Please revise Chapter 2.5 of the City Code as indicated.
Contact me if you have any questions.
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Susan L. Trevarthen, Assistant City Attorney (Via Fax: 764-7770)
FROM: Laurence Leeds, AICP, Director
Growth Management Department
Cc: Tom Ansbro, City Attorney
Jason Nunemaker, City Manager
RE: Review of Proposed Chapter 4 of the City Code
(Alcoholic Beverage Establishments; Nudity on Premises)
Review of Proposed Chapter 17 of the City Code
(Indecent Entertainment)
DATE: May 12, 2001
Section 4-37 (a) makes public nudity (as defined in the ordinance) unlawful at
establishments where "alcoholic beverages are, or are available to be, sold, dispensed,
consumed, possessed or offered for sale or consumption on the premises."
Does this include private clubs? What about private events conducted at what are
otherwise are public establishments? What about establishments where liquor is made
available without cost?
Section 4-37 (i) suggests that public nudity (as defined in the ordinance) is also unlawful
within 1000 feet of establishments where "alcoholic beverages are, or are available to
be, sold, dispensed, consumed, possessed or offered for sale or consumption on the
premises." This language should be written so as to clearly prohibit public nudity within
1000 feet (or whatever distance is selected) of an alcoholic beverage establishment.
The concern here is to prevent the two activities from occurring next to each other in the
same building, in adjacent buildings, or on adjacent properties.
STAFF RECOMMENDATION
Please revise Section 4-37 to address the above referenced issues.
Staff has no comments regarding Chapter 17.
Contact me if you have any questions.
ADULT ENTERTAINMENT CHAPTER 4(ALCOHOL)MEMO 051201.doc.doc
AGENDA REQUEST FORM
CITY OF DANIA BEACH
l
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST 14, 2001
2. DESCRIPTION OF AGENDA ITEM: RESOLUTION—ZONING IN PROGRESS
3. COMMISSION ACTION BEING REQUESTED: ADOPTION OF RESOLUTION®
4. SUMMARY EXPLANATION & BACKGROUND:
ADULT ENTERTAINMENT CODE
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Memorandum
Correspondence
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
• Planning and Zoning Advisory Board recommended approval of this request at their July 18,
2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date July 27, 2001
Growth Management Department
City Manager Date