HomeMy WebLinkAboutO-1985-005 i I
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ORDINANCE NO. p— 5-85 _
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PRO- I
HIBITING NUDE OR SEMI-NUDE ENTERTAINMENT, THE EX-
POSURE OF THE FEMALE BREAST AT OR BELOW THE AREOLA
THEREOF, OR TO COVER THE SAME WITH A DEVICE SIMU-
LATING THE SAME, THE EXPOSURE TO PUBLIC VIEW OF E
ANY PERSON'S GENITALS, PUBIC AREA, BUTTOCKS, ANUS ,
OR ANUL CLEFT OR CLEAVAGE, OR TO COVER THE AREA
WITH A DEVICE SIMULATING THE SAME, ALL OF ABOVE
AT ANY ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE
' OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES
AND MAKING IT UNLAWFUL FOR THE OWNER, MAINTAINER,
OPERATOR OR LESSEE OF SAID COMMERCIAL ESTABLISHMENT
WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR
J CONSUMPTION ON THE PREMISES TO SUFFER OR PERMIT ANY
1! PERSON TO ENGAGE IN ANY CONDUCT DESCRIBED ABOVE;
MAKING IT UNLAWFUL FOR ANY ENTERTAINER, PERFORMER
OR EMPLOYEE TO DANCE IN A MANNER TO SIMULATE SEXUAL
ACTIVITY WITH ANY PERSON OR TO SIT UPON OR STRADDLE
THE LEGS, LAP OR BODY OF ANY PATRON OR PERSON OR TO
TOUCH OR BE TOUCHED BY ANY PERSON WHILE SIMULATING
SEXUAL ACTIVITY, ALL SUCH CONDUCT AT AN ESTABLISH-
MENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR
SALE OR CONSUMPTION ON THE PREMISES AND MAKING IT
UNLAWFUL FOR Y PERSON
TING ORLEASINGSUCHCCOMMERCIAL ES OPERA-
TING RE
ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE OR CONSUMP-
TION ON PREMISES TO SUFFER OR PERMIT SUCH CONDUCT BY
AN ENTERTAINER OR EMPLOYEE TO OCCUR AT SUCH ESTAB-
LISHMENT; PROVIDING FOR A PENALTY FOR VIOLATION OF
THIS ORDINANCE AND PROVISIONS FOR THE REVOCATION OF
OCCUPATIONAL LICENSE ISSUED BY THE CITY UPON CONVIC-
TION OF ANY OFFENSE DESIGNATED IN THIS ORDINANCE;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH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, finds
that there is presently in the City of Dania an increasing trend to-
wards nude and semi-nude acts , exhibitions and entertainment and to-
wards the utilization of nude and semi-nude male and female employees
engaged in other service-oriented aspects of and by the commercial
establishments subject hereto; and
WHEREAS, the City Commission of the City of Dania , Florida, finds
that the competitive commercial exploitation of such nudity is adverse
to the public ' s interest in the quality of life tone of commerce and
total community environment in the City of Dania; and
WHEREAS, the City Commission of the City of Dania , Florida , finds
that there is a direct relationship between the concurrent consumption
of alcoholic beverages and the nude and semi-nude activities mentioned
above, prohibited hereunder and more fully described hereinafter, and
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an increase in criminal activities , moral degradation and disturb-
ances of the peace and good order of the community and further finds
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that the concurrences of these activities is hazardous to the health
and safety of those persons in attendance and tends to depreciate the
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value of adjoining property and harms the economic welfare of the
community as a whole; and I
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iWHEREAS, the City Commission of the City of Dania, Florida, finds
that in order to preserve the public peace and good order and to safe-
guard the health, safety and welfare of the community and the citizens
thereof it is necessary and advisable to regulate and restrict the
conduct of owners , operators, agents , employees and patrons of the
{ commercial establishments subject hereto;
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NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE
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CITY OF DANIA, FLORIDA: j
Section 1 . Nudit on Premises Where Alcoholic Beverages are
0 ere or Sa e .
(a) It shall be unlawful for any person to engage in nude
or semi-nude entertainment in any commercial establishment at
which alcoholic beverages are, or are available to be, sold,
dispensed, consumed, possessed or offered for sale or consump-
tion on the premises .
(b) It shall be unlawful for any female person, while on
the premises of a commercial establishment at which alcoholic
beverages are, or are available to be, sold, dispensed, con-
sumed, possessed or offered for sale or consumption on the
premises, to expose to public view that area of the human fe-
male breast at or below the areola thereof or to employ any
device or covering which is intended to give the appearance
j of or simulate such areas of the female breast as described
herein .
i (c) It shall be unlawful for any person, while on the
premises of a commercial establishment at which alcoholic
beverages are, or are available to be, sold, dispensed, consumed,
possessed or offered for sale or consumption on the premises , to
expose to public view his or her genitals, pubic area, buttocks ,
anus or anal cleft or cleavage or to employ any device or cover-
ing which is intended to give the appearance of or simulate the
genitals , pubic area, buttocks, anus or anal cleft or cleavage .
(d) It shall be unlawful for any person owning, maintaining,
operating or leasing any commercial establishment at which al-
coholic beverages are, or are available to be, sold, dispensed,
consumed, possessed or offered for sale or consumption on the
premises to suffer or permit any person on the premises to en-
gage in any conduct described in subparagraphs (a) , (b) and (c)
of this ordinance .
(e) It shall be unlawful for any entertainer, performer
or employee, while on the premises of a commercial establishment
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regulated under this ordinance to dance in such a manner as to
simulate sexual activity with any patron, spectator, employee
or other person not employed therein.
(f) It shall be unlawful for any entertainer, performer
j or employee , while on the premises of a commercial establish-
ment regulated under this ordinance, to sit upon or straddle
the leg, legs , lap or body of any patron, spectator or other
person therein, or to engage in or simulate sexual activity
while touching or being touched by said patron, spectator or
other person.
I (g) It shall be unlawful for any person owning, maintaining,
operating or leasing a commercial establishment regulated under
this ordinance to suffer or permit any violation of subsections
(e) or (f) of this ordinance .
(h) Any person who shall violate any provision of this
ordinance shall be guilty of an offense against the city
punishable by a fine not to exceed Five Hundred Dollars ($500 .00)
or imprisonment for a term not exceeding ninety (90) days , or
both such fine and imprisonment . Each day any such violation
shall continue shall constitute a separate offense . In addition ,
if the owner, operator, lessor, licensee, lessee, manager, employee
or any other person participating in the operation of a commercial
establishment located within the City of Dania, Florida, at which
alcoholic beverages are offered for sale for consumption on the
premises shall be convicted of any of the offenses designated in
this ordinance , then the occupational license of said establish-
ment shall be revoked by the city after giving reasonable notice
thereof to the holder of said license and affording the holder an
opportunity to be heard as to why the revocation should not be
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Section 2 . That all ordinances or parts of ordinances and all
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resolutions or parts of resolutions in conflict herewith be and the
1 same are hereby repealed to the extent of such conflict .
Section 3 . That this ordinance shall be in force and take effect
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immediately upon its final passage and adoption.
j PASSED and ADOPTED on First Reading on the 26th day of February,
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1985.
PASSED and ADOPTED ON Second and Final Reading on the 13th day
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of March, 1985 .
MAYOR - COMMISS ER
ATTEST:
`CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS
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Bye
NK C. ADLER, City Attorney
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nG,iLL II .II FI I�/GIV{n
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THE SUN—TATTLES .......�;° ,ma,l:;
Le I.W111 Dvtu
Ne O.ln^In Inc Clly COmmllllor.
m 1In+UbI.I Clry IIDII,100
Well F1.11 Bman BOd,1 III,
II,
Established as The Hollywood Sun - January 4, 1935 RAop .,I 2kdd fir,.1 NNNI o :
01 me o,CIn.n', enrolee:
HOLLYWOOD, BROWARD COUNTY, FLORIDA AN ORDINANCE OF THE CHV
OF OANM FLORIDA PROHII
]TING NUDE OR ,SEMI-NUDE
ENTERTAINMENT,THE E%PO
SURE OF THE FEMALE
BREAST AT OR BELOW THE
APEOLA THEREOF, OR TO
STATE OF FLORIDA COVER THE sLT T A
DEVICE SIMULAATINGG THE
SAME. THE EXPOSURE TO
COUNTY OF BROWARD PUBLIC VIEW OF ANY PER-
SOWS GENI,ALS.PUBIC AREA,
Before the undersigned authority personally appeared Julie BatPA BUTTOCKS, A CLEFT OR CLEAVAGE,OR T TO
O
COVE THE AREA WITH A
DEVICE SIMULATING THE
who on oath says (he/she) is
Classified Manager SAME ALL,OF ABOVE AT
ANY ESTABLEVERAG WHERE
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward OFFEREID FOR RILE$ FOR
CONSUMPTION ON THE PRE'
County, Florida; that the attached copy of advertisement, being a Notice NOSES IT UN-
MA WFUI AND OR
MAKING
OWNER.I
MAINTAINER, OPERATOR OR
LESSEE OF SAID COMMER-
Of Hearing CIAALCHOLIC ESTABLISHMENT WHERE,
HARE
OFFERED FOR SALE FORCONSUMPTION
in the matter of Cl. Y_.9f Dania MIUSESTOS R R UFFEROR PERMIT I
ANY PERSON TO ENGAGE IN
j yy yi�y ANY CONDUCT DESCRIBEDUNLAW
in the Comm. Room _iM1itRSf eft FUL FOR
MAKING E rt aNLAw
--- 1 FUL POR ANY R EMPLOYEE
Flare PERFORMER OR CMNERVTO
was published in said newspaper in the issue of �._�49.�_ TO DANCE IN A MANNER ro
AMU ATE SEXUAL ACIIVIry
WIiN ANV PERSON OR TO SIt
UPON OR STP ADDLE THE
----- LEGS,LAP OR BODY Of AHY
PATRON OR PERSON OR T0.
A[fianl further says that the said SUN-TATTLER is a newpaper published at Hollywood in ANYPERrtSON WHILE SIN ."*'�
said Broward County,Florida,and that the said newspaper has heretofore been continuously ING SE%UAL ACTIVITY. ALL
SUCH CONDUCT AT AN ESTAB
published in said Broward Count Florida,each weak and has been entered as second class LISHMET AT WHICH ALCHO
y. LC BEVERAGE$ ARE OF•
t matter at the post office in Hollywood in said Count Florida, for period of one year next FERED FOR SALE OR
p0 Y Y• p CONSUMPTION ON THE UN-
preceding the first publication of the attached copy of advertisement, and affiant further LAWFUL AND MAKING IT ON-
L4WFUL FOR ANY PERSON
says that he has neither A f aid nor promised any person. firm or corporation any discount, OWNING.MAINTAINING,OPER-
ATING OR LEASING SUCH.
rebate,commission or refund for the purpose of securing this advertisement for publication CDMMECI.L ESTABLISH
MENT WNERC ALCHOLIC BEN
In L said nCWS r. ERAGES ARE OFFERED FOR
SALE OR CONSUMPTION ON
PREMISES TO SUFFER OR
0 ^ PERMIT SUCH CONDUCT BY
N' AN ENTERTAINER OR EM-
PLOYEE TO OCCUR AT SUCH
ESTABLISHMENT; PROVIDING
FOR A PCNAL;Y FOR VIOLA-
TION OF THUS ORDINANCE
,worn-LO nl)1Crit before me ANO PROVISIONS FOR THE
�rI REVOCATION OF OCCUPA-
(� TIONAL LICENSE ISSUED BY
THE CITY UPON CONVICTION
a .t9 Of ANY OFFENSE DC&GNAT-
ED IN THIS ORDINANCE;PRO'
VIDING THAT ALL ORDI-
NANCES OR PARTS OF
f. N Y PUBLIC,. PUDON$OR PARTS F PESINANCES AND ALL O-
e.wr, LOTIONS IN CONFLICT HERE-
WITH BE R(SFTO THE
.AL) 1 EXTENT OF SUCHE CCONFLICT;
AND PROVIDING FOR AN EF-
s...._' _ !FECTIVE DATE.
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