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Home My WebLink AboutO-1990-011 i 1 ORDINANCE NO. 11-90 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA l CREATING A NEW SUBSECTION 17-11 . 4 PROHIBITING TOTAL NUDITY IN ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES , BEER OR WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; AND PROHIBITING ANY PERSON MAINTAINING, OWNING OR OPERATING AN ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM PERMITTING OR SUFFERING TOTAL NUDITY IN SUCH ESTABLISHMENT; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania , Florida, has determined that to permit or suffer nudity within alcoholic beverage establishments within the corporate limits of the City of Dania will be injurious to the citizens of Dania, Florida; and WHEREAS, in order to preserve the public peace and good order and to safeguard the health , safety and welfare of the community and the citizens of Dania , Florida, it is necessary and advisable ..,f� to regulate and restrict the conduct of owners, operators, agents, employees, entertainers, performers, patrons and persons on the premises of alcoholic beverage establishments permitting or suffering nudity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That a new subsection 17-11 . 4 of the Code of Ordinances of the City of Dania, Florida , is hereby created to read as follows: Ordinance No. 11-90 _ .- I Sec. 17-11 . 4. Nudity, sexual conduct prohibited. (a) No person shall expose to public view his or i her genitals , pubic area, vulva, anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or any simulation thereof 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 portion of her breasts encompassed within an area falling below the horizontal line one would have to draw to intersect a point above the top of the areola or any portion of the areola, or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse , shirt, leotard, bathing suit or other wearing apparel , provided the areola is not so exposed . 4 (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 portion of her breasts encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, or any portion of the areola, or any simulation thereof, within any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises . This definition shall include the entire lower portion of the human female breast , but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt , leotard, bathing suit , or other wearing apparel , provided the areola is not so exposed. (e) 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 sexual intercourse, masturbation, sodomy, beastiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks , or any portion thereof, anus or genitals or the simulation thereof, within any establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises . -2- Ordinance No. 11-90 c ti ' ueum wv m.....:.u...«r x:u r:.�e.Y l .in.r.......... . ....... ..... . .. ...,.i...... ... .... ... a... . ,:.. i.v..,: .:._ .. __. r Section 4. This ordinance shall not apply to any existing 3 � establishment lawfully engaged in the activities covered by this ordinance in the City of Dania as of January 1 , 1990, as it now exists , including the physical size . Section 5. That all ordinances or parts of ordinances and j all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 6. That this ordinance shall be in force and take i effect immediately upon its final passage and adoption. i PASSED and ADOPTED on First Reading on the 23rd day of January , 1990. h PASSED and ADOPTED on Second and Final Reading on the 13t I day of February 1990. - i AYOR - COMMISSI ATTEST: CITY CLERK - AUDITOR i APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, City Attorney I -3- Ordinance No. 11-90 y t�s a h -Yr � t'r> 1 f NOTICE OF HEI Y O BEFOpP CIT COMMISSION CITY TY OF DANIA, F -DOPl,G i ROF THINEFOLLOWIN PROPOSED ORDINANCES THE SUN-TATTLER NOTICE IS HEREBY 61V• EN that the CiIV Carlini sloe OI on. CHY Of Denlh, 9vO ce. ay B:OdFp mVef n e loon IMleeller eL ineol maP Itr mev De nacre,will Can• Established as The Hollywood Sun • January 4, 1935 city.OMMI hearth.m me HOLLYWOOD, BROWARD COUNTY, FLORIDA OIY Cbmmility loom of the Dante Cllv Hell, IBd Weal Dante Beech Blvd., Denle, PI Pride to eOnllder 'he PrOland aeoOilotl Of the lOnowlny Ordlnences entitled: "AN ORDINANCE OF THE STATE OF FLORIDA CITY OF DANIA, FLORI- DA,CREATING CHAPTER COUNTY OF BROWARD NA NCE°SE ENTI°T °y o' Before the undersigned authority personally appeared 5vhi1 J• W�h?(Qy AND CREATING ARTICLE I ENTITLED"GENERAL• who on oath says (he/she) is r 'assif ied T 1 marketing Manager ARTI- CLE 2 ENTITLED ENTITLED "CON. SISTENCY AND CONCURRENCV DETER• j of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward MINATIIAND pNICLE STANDSARDS TLED"LEVELSOFSER- County, Florida: that the attached copy of advertisement, being a VICE" WHICH PROVIDES REGULATIONS FOR THE DETERMINATION OF Notice Of Ilearing -— CONSISTENCY URRCOF AN° 1JV DEVELOPMENT WITH THE CITY OF DANIA AND in the matter of City Of 1)aOla COMPREHENSIVE TY yy��yy__VV PLANS: PROVIDING FOR in the Comm. Room XrLyD( INGFORBANTEFFECTIVE DATE" ANORDINANCE OF THE was published in said newspaper in the issue of is 3II, 1990 CITY OF DANIA, FLORI- DA,AMENDING SUBPAR- AGRAPH (5) OF SECTION B9 let OF ARTICLE I OF CHAPTER B, OF THE CODE OF ORDINANCES Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood In �FoRiE CITY FROV"OE said Broward County.Florida,and that the said newspaper has heretofore beenconlinuously CHANGES IN PERMIT FEES FOR PAVING, published in said Broward County, Florida.each week and has been entered assecond class PAR,"�sNG`Ho N arE+o matter at the post office in Hollywood in said County, Florida, for a period of one year next THAT PARTS DINA NDES preceding the first publication of the attached copy of advertisement: and afflant further NANCES AND ALL PARTS DF says that he has neither paid nor promised any person, firm or corporation any discount, LUTION RESOLUTIONS IN CON OF PEA HEREWITH BE RE rebats,commission or refund for the purpose of securing this advertisement for publication l PEALED HE of TINES 11RE in lhe CONFLICT;AND PROVID- said news apex. ING FOR AN EFPECTI E - DATE"R NANCE OF THE V CITY OF DANIA FLORI- A. -- GRAANTING t0 EACH CIT CITY COMMISSIONER AN OPTION HE PARTICIPATE CI Y''S N T HEALTH Sworn to and subscribed Wore me INSURANCE PROGRAM OR IN LIEU THEREOF, TO BE COMPENSATED IN thisqq AN AMOUNT EQUAL TO dayo20- A.D. 19 ! d THE PREVAILING COST FOR INSURANCE BENfi- vp�/ FIT COVERAGE; PRO, / �; / /.(fi//+LL^�� VIDIN° THAT ALL ORDI- NANCES NOTARY PUBLIC �— DR PARTS DP _ OF Fl•ORtOA' ORDINANCES AND ALL STATE Dr tyg3. RESOLUTIONS OR PARTS (SEAL) RLICr OF RESOLUTIONS IN NOTARY PU EXPIRES:AUG. RIi[Ra. CONFLICT HEREWITH NRTAPY FUsloc EXTENTEOF SUCH CON p4Re°c MI^u ION HOFRW FI,ICY; AND PROVIDING FOR AN EFFECTIVE DATE" AN ORDINANCE OF THE CITY OF DANIA, FL°RI• }. I DA CREATING A NEW w W- HIIBITENG1ON TOTAL1.4 NUDITY {... -+ •�' - I IN ESTABLISHMENTS _ WHERE ALCOHOLIC - - I BEVERAGES, BEER OR WINE ARE SOLD OR OF- FERED FOR SALE FOR CONSUMPTION ON THE PREMISIS. AND PROHIB- MRSON A NTAIN NG.NG ANYPOWNING OR OPERATING AN ES, TABLISHMENT WHERE ALCOHOLIC BUYER- AGES. BEER OR WINE ARE SOLD OR OPPERED FOR SALE F?R COWSUMPTION ON HE PRE• MISES FROM PERMIT • TOTAL NUDITY IN SUCH ESTABLISHMENTS; PRO- viol NO THAT ALL ORDI- ' ♦ ! i V sal,✓ 'I,vC P•4 NANCES OR PARTS OF [t -_>•y1 ORDINANRESOLUTCES AN PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE ELT N1 OF SUCH CON- e ING FOR AN N EFFECTIVE DATE". AN ORDNANCE OF THE CITY OF DANIA. FLORI- DA AMENDING SUBPAR- rl°ae..All TICLE1 OR SI SECTION CHAPTER II. OF THE CODE OF ORDINANCES OF FLORIDA, AN DANIA,CITY OF D PROVO- IND THAT ALL ORDI- NANCES OR PARTS OF ORDRpo AND A ESOLUTIONS OR PARTS C F R TINS IN OBFLICTL HER EWIT, BE REPEALED TO THE E['xTENT OF SUCH CON' F LICT. AND PROVIDpING r FOR AN EFFECTIVE DATE". _ - Y _ A COPY OI these PIOOO1ed .1 v.,. 1"- I erd,nancel are On Ma m Ino j - OIL,,OI the City Clark.G4 .. - Hen.IN We"Dacia Buch i BOV11ra1e, Dania. 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