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O89-12AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING REASONS AND FINDINGS FOR ZONING REGULATIONS RELATED TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING SECTION A - ZONING TO REDUCE DISTANCE REQUIREMENTS AND TO APPLY SAID DISTANCE REQUIREMENTS TO RESIDENTIAL ZONING DISTRICTS, PUBLIC USAGE DISTRICTS OR RECREATION DISTRICTS; PROVIDING FOR ADULT ENTERTAINMENT ESTABLISHMENTS AS PERMITTED USES WITHIN C-3, C-4, PID AND M-1 ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; P~ROVIDING FOR A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COMMISSION OF THE CITY OF BOY1FCON BEACh, FLORIDA: WHEREAS, numerous studies have been conducted wtiich identify the deleterious effects of adult entertainment businesses upon crime, retail trade, property values, and the quality of life in neighborhoods, commercial districts and the urban life in general, and WqiERE~, the most recent study conducted by the Palm Beach County Sheriff ' s Department related to a~ult entertainment bars, has made a simiI~a~." .'_Ii~k,~ and has incorporated numerous findings from other jurisdictions and governmental agencies in this regard, and WHEREAS, to protect the health, safety and welfare-of City residents, the City Commission has authorized the enactment of zoning controls on adult entertainment activities to diffuse any deleterious effects of the concentration of these businesses; and WHEREAS, the adoption of these controls is the minimum necessary to protect the City' s interest without unduly interfering with the rights of adult entertainment businesses operators to conduct business; and WHEREAS, it is the City Commission's intent to prevent crime, protect the City's retail trade, maintain property values, and generally protect and preserve the quality of this City's neighborhoods, commercial districts and the quality of urban life by implementing this Ordinance, and W~RREAS, the City Commission of the City of Boynton Beach specifically adopts and incorporates the Findings of Fact and Conclusions which have been compiled by the Palm Beach County Sheriff's Office by report dated April, 1988 which is incorporated herein by reference and which shall be permanently on file with the City Clerk's office, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AS FOLLOWS: Section 1. APPENDIX A - ZONING, of the codified Ordinances of the City of Boynton Beach, Section 11. SUpplemental Regulations. M. ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL RESTRICTIONS. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: M. ADULT ENTERTAINMENT ESTABLISHMENTS; RESTRICTIONS. 1. e SPECIAL No adult entertainment establishment shall be located closer than one thousand ~ve -hu~e~.:..~.~9~ {1,000) feet from any other ad~--~tert~inment establishment measured from lot boundary to lot boundary along a straight airline route. No adult entertainment establishment shall be located closer than one thousand ~ve -h~md~e~ ~7~89~ (1,000) feet from any house of worship ~ residential zoning district, public usage district, recreation district, or school, measured from any lot boundary to lot boundary along a straight airline route. Section 2. That Appendix A - Zoning Section 6. Commercial district regulations and use provisions. C. C-3 COMMUNITY.COMMERCIAL DISTRICT. 1. Uses permitted, is hereby 2 amended to create a new sub-subsection bb. to read as follows: bb. Adult Entertainment Establishments. Section 3. That Appendix A - Zoning Section 6. Commercial district regulations and use provisions. D. C-4 GENERAL COMMERCIAL DISTRICT. 1.c. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 1. Uses permitted. Adult entertainment establishments, in accordance with section ll.M *. Section 4. That Appendix A - Zoning Section 7. Planned industrial development district. E. USES PERMITTED. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail) ~ adult entertainment in accordance with Section ll.M., or industrial use provided that such use or uses zs (are) approved by the planning and zoning board. In approving uses in the PID, the planning and zoning board shall make findings that the use or uses proposed will not be in conflict with the performance standards listed in section 4.N of these zoning regulations, and that the use or uses proposed is (are) consistent/with the intent and purpose of this section. In addition, uses permitted are subject to limitations as follows: Section 5. Appendix A - ZONING, Section 8. M-1. Industrial district regulations and use provisions. Section A. M-1 INDUSTRIAL DISTRICT, 2. Permitted uses subject to distance requirement, is amended by creating a new sub-subsection b.(8) to read as follows: b. Uses permitted. 8. Adult entertainment establishments, in accordance with section ll.M. Section 6. Each and every other provision of Appendix A - Zoning, of the Code of Ordinances of the City 3 of Boynton Beach, Florida, not specifically amended herein shall remain in full force and effect as previously enacted. Section 7. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SectiOn 8. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 9. ordinance. Section 10. immediately upon passage. FIRST READING this ~ day of 1989. SECOND, Authority is hereby granted to codify said This ordinance shall become effective FINAL READING and PASSAG~his //~day of C~ssioner Co~er~~ ATTEST City ~rk (Corporate Seal) 4 TO: SHERIFF RICHARD P. WILLE FROM: AGENT GERALD KING AGENT ANTHONY ALBERTI-' PALM BEACH COUNTY SHERIFF'S OFFICE ORGANIZED CRIME BUREAU ADULT ENTERTAINMENT BARS (TOPLESS BARS) DATE: APRIL 1988 SECTION 1 INDEX SHEET NARRATIVE SECTION 2 SCHEDULE "A" SCHED~3LE "B" SCHEDULE ~' C" SCHEDULE "D" SCHEDULE "E" STATISTICAL INFORMATION ACTUAL RESPONSE COMPARISON BY GRID PERCENTAGE PREVAILING RESPONSE/TOPLESS HIGHLIGHTED ACTUAL RESPONSE COMPARISON/TOPLESS BARS WITHIN CITY LIMITS GRAPHS SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 ORDINANCES - CITY/COUNTY SUMMARY/ST. LUCIE COUNTY .STUDIES FLORIDA STATE LAWS NEWSPAPER ARTICLES/BUSINESS ADS PHOTOGRAPHS, OCCUPATIONAL LICENSE, CORPORATION INFORMATION, BEVERAGE LICENSES SECTION 1 As per your request, we reviewed the year 1987 to give you statistical information on the following adult entertainment bars in Palm Beach County. Also included are four (4) bars located within the City Limits of Riviera Beach (Annie's Kookie Bar); West Palm Beach (Kitten Club); and two in Boynton Beach, (Showtime/Morey's Lounge). The six (6) remaining topless bars within the County are: FOXY LADY LOUNGE 5699 South Military Trail Lake Worth, FL PEEK-A-BOO 3174 Lake Worth Road Lake Worth, FL ,FLASHDANCE 4458 Purdy Lane West Palm Beach, FL o BRASS BULL BAR 704 South Military Trail West Palm Beach, FL 0 MERMAID BAR 4425 Southern Boulevard West Palm Beach, FL 6. ENGLISH PUB 383 North Military Trail ~. West Palm Beach, FL For comparison, we also reviewed two regular bars (non- topless/ picked at random) 'within the same ~neral area and they are: 1. FOXY LADY LOUNGE A. PLUSH PONY 9803 South Military Trail Lake Worth, FL B. THE ARK 2600 Lantana Road Lantana, FL SECTION 1 e Se PEEK-A-BOO FRENCHY'S 3731 Lake Worth Road Lake Worth, FL SENATE LOUNGE 7885 Lake Worth Road Lake Worth, FL FLASHDANCE HONKY TONKS 1961 South Military Trail West Palm Beach, FL Be PLUS TWO 3047 Forest Hill Boulevard West Palm Beach, FL BRASS BULL BAR ae POLO LOUNGE 983 South Military Trail West Palm Beach, FL Be CORBITTS BAR. & GRILL 839'South Congress Avenue West Palm Beach, FL MERMAID BAR Be 391st BOMB GROUP 3989 Southern Boulevard West Palm Beach, FL EL RAY BAR & GRILL 3407 Southern Boulevard West Palm Beach, FL ENGLISH PUB ne GETAWAY LOUNGE 2517 North Military Trail West Palm Beach, FL~ STINGERS 3690 Shawnee Avenue West Palm Beach, FL PAGE 2 E C T I O N 2 ~ The statistical information was taken from all calls dispatched to the address of the bars. Palm Beach County is set up under a Grid system adopted from the 911 reporting system. In our comparison· we selected two other bars in the general area of the topless bars. The non-topless bars were chosen at random, to give an average cross section of c~lls and a fair comparison to the topless bars. To condense the voluminous'types of responses, specific calls were grouped into their related general categories (i.e. pickpocketing, theft from auto, petit larceny were grouped into "theft related). Grouping was not done on Part l'crimes. ~CHEDULE "A" - Depicts the actual response comparison of calls between topless and non-topless bars. The schedule indicates the number of responses per category, per bar and also includes totals for each. SCHEDULE "B" - Translates the actual responses into percentages per category, per bar and includes total percentages for each bar. SCHEDULE "C" - In Effect, id the same as Schedule "B" but with highlighting to the topless bars and the ~ategories that they lead in. ~ SCHEDULE "D" - Shows the actual responses for the four (4) topless bars within City limits. SCHEDULE "E" - Number 1 is a graph showing actual response , comparison/percentage comparison of six (6) topless bars and twelve (12) non-topless bars ~n'Palm Beach County. SECTION 2 % ~ PAGE 2 This graph visually shows the six (6) topless barS, which are one third of the total bars reviewed actual accounted for nearly fifty percent of the total calls. Although the number of non-topless bars are one hundred percent more than topless bars, they only accounted for sixteen percent more calls. SCHEDULE "E" - Number 2 depicts the percentage comparison of all eighteen (18) bars (6 topless/12 non-topless) on an equal six bar grouping. This was done by taking the twelve non-topless bars percentages and dividing it in half. ,The State of Florida Division of Alcoholic Beverage and Tobacco was contacted, reference to their investigations invOlving all the bars listed above. They advised us these calls ~consisted of sale of alcoholic beverages to minors and narcotic violations. These were grouped and noted on Schedules "A" "B" "C" where applicable and included in'our statistics. AcI~g~ RESPONSE COMPARISON ~iTHIN GRID ACTUAL _RESPONSE COtVLP_ARISON WITHIN GRID ACI~AL _RESPONSE COMPARISON ?ZfTHIN GRID 7 PERCEN~AC~ _RESPONSE C@~PARISON WITHIN GRID PERCENTAGE _RESPONSE CC)~LPARZSON WITHIN GRID -,~'~ · / 7 I FIGHT / ! PERCENTAGE RESPONSE COMPAP~ISON WITHIN C~R_ID / / ?/ / PREVA¥I,ING RESPONSE/ TOPLESS HIGHLIG~m2ED PREVA/_LING RESPONSE/ TOPLESS HIC~ILI~ PREVAILING RESPONSE/ TOPLESS HIGHLIGHTED ~PREVAILING RESPONSE,/ TOPLESS HIC~ILI~ 7' TOPLESS HIGHLIC~-n~ED / ' i I b ACi~AL RESPONSE CO_~ARISON OF TOPLESS BARS WITHIN CITY LIM. L-TS G~H#2 PERCENTAGE CC~4PARISON OF TOPLESS BARS/SRI,WL'I~D NK2kN-~P~S BARS IN PALM BEACH COUNTY_ o% PEIICENT~ OF _r'~5]S-Df~SE CAT,I.q .q GRAPH ACEU~ RESPONSE COHPARISON/ PERCENTACJE CO~kRISON OF SIX (6) TOPLESS BARS and TWELVE (12) SELRCi~ED NON-TOPLESS BkRS IN PAL~4 BEACH COUN%~ ORDINANCES Do E. F. G. H. SECTION 3 Attached are copies of City or County Ordinances from: A. Tampa, Florida B. St. Lucie County, Florida C. Baker/St. Lucie County, Florida Flagler County, Florida Brevard County, Florida Chambers County, Texas Dallas City, Texas Palm Beach County, Florida § 24-8 OFFENSES AND MISCELLANEOUS PROVISIONS § 24-11 Secs./24-8, 24-9. Reserved. Editor's note--Ord. No. 6735-A, § 2, adopted ~ept. 6, 1977, specifically amended the Code by repealing §§ 24-8, 24-9, which had pertained to fights, riots and disorderly proceedings, and indecent exposure. Said section had been derived from Code 1926, § 1233, and Code 1953, §§ 26-32, 26-46. Sec. 24-10. Shows, acts, sketches, etc.; use of obscene lan- guage or conduct; display of female body; strip- tease. It shall be unlawful for any person, firm or corporation to permit participation by any person, or for any person to participate, in any scene, gketch, act or play in which obscene language is used or obscene conduct is indulged in. It shall be unlawful for any person, firm or corporation to permit a female person to appear, or for any female person to participate in and appear, in any scene, sketch, act or plaY, with the' breasts or lower part of the torso beginning at the hip .line and buttockg uncovered, or so thinly covered by mesh, transparent net, lawn, skin-tight materials which are flesh-colored and worn skin-tight, so as to appear uncovered. It shall be unlawful for any person~ firm or corporation to p~rmit a female person to appear, or for any female person to participate and appear in any gcene, sketch, act or play, fully or partly clothed, and to gradually disrobe by discarding clothing or attire so that the breasts or lower part of the torso beginning at the hip line and buttocks are uncovered, or so thinly covered by m6sh, transparent, net, lawn, skin-tight materials~.which are flesh-colored and worn skin-tight, go as to appear uncovered. (Code 1953, § 26-103; Ord. No. 2114, § 1, 11-6-56) ~ ~ State law references---Obscene language, § 847.05, Fla. Stats.; indecent exposure, § 800.03, Fla. Stats. ~ Sec.-24-11. Female nudity for commercial exploilalion pro- hibited; definition; exceptions. (a) It shall be unlawful conduct in hny commercial estab- lishment for any person, firm or corporation to procure, coun- Supp. No. 31 ' § 24-11 TAMPA CODE § 24-11.1 sci, aid, assist, or permit a female person to appear and expose, exhibit, d~splay or reveal, or for any female person to appear, expose, exhibit, d!splay or reveal, her nude breast or breasts or lower part of the torso, beginning~ at the hip line and buttocks uncovered or covered by any costume or garment which by virtue of con.ruction or transparency of material exposes, exhibits, displays Or reveals the ~ipple 0f the breast or the pigmeted area adj , or lower part of tre ~orSo as herein described any of the following con- ditions: (1) While performing customary "barroom" type of nude dancing comfonly referred to ag "topless" and/or "bottomless" dancing. (2) While serving any food or beverage. ,(3) In connection with the promotion or the sale of any product or servi~e: (b) For the ~e "nude breast" is hereby defined as the expo~ ,on, display and revelation, either continuall y, of the nipple or the pig- mented portion 'se defined as areola. (c) The ! herein ghall not apply to the exhibition, ~r performance of any play, ballet, drama,, motion picture in any theater, concE other similar estab- lishment whi, ch presentation as a form of expression rom commercial or business promotion or for the purpose of ad- vertising, products or services, . or otherwise welfare of a commercial or business 26-103.1; Ord. No. 4101-A, § 3~ 2, 11-9-76; Ord. No. 6549-A, § 2, ~ec. 24-~ 1.1. Nudi{v'on premi~e~ where alcoholic beve_rages of- fered for sale. (a) It shall be unlawful for any person maintaining, owning or operating a 'commercial establishmen~ located within the Supp. No. 31 1508 § 24-11.1 OFFENSES AND MISCELLANEOUS PROVISIONS § 24-11.1 City of Tampa, Florida, at which alcoholic beverages are offered for sale for consumption on the premises: (1) To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human breast at or below the areola, thereof. (2) To suffer or permit any female person, while on the premises of said commercial establishment to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (a) (1). (3) To suffer .or permit any person, while on the premises of said commercial establishment to expose to public view ! pubic area, buttocks, anus or anal cie (4) To, suffer or permit any person, while on the premises of Said commercial establishment, to employ any device or :covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft or cleavage. (b) It shall be unlawful for any female person, while on the premises of a commercial establishment located within the City of Tampa, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breagt as described herein. (c) It shall be unlawfu! for any person, while on the premises of a commercial ~stablishment located within the City of Tampa, FlOrida, at which ~lcoholic b~everages are offered for sale for 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 covering which is intended to give the appearance ~ir or simulate the genitals, pUi~ic area, buttocks, anus or anal-cleft or cleavage. Supp. No. 66 1508.1 § 24-11 I TAMPA CODE § 24-12 {d) Any person who shall violate any provision of this section shall be guilty of an offense against the city punishable as provided in City of Tampa Code, section 1-6. (e) If the Owner, operator, lessor,' -lessee, manager, employee or any other person participating in the operation of a commercial establishment located :within the City of -Tampa at which al'coho 'consumption on the the offenses d~ then the City city shall be by. set forth in se, (f) If- at any ti revoked pursuant months shall elapse the same establi: after a public COuncil. (Ord. 8-?°79; Ord. Editor's note~Ord. ! Ord. No. emergency ordi by the Hillsb~: subsequ, ently a~ provided an for of any of or (c) hereof t to revoke the . Revocation procedure is six (6) be issued to issued only ~efore the city 7252-A, § 1, Aug. 7. 1979, readopted were derived, as an -A was declared void ~)rd. No. 7252-A was 1979. which 252-A. Sec. 24-12. Burglar/robbery alarm systems. (I) Definitions: (A) Alarm systems means any mechanical, electrical or radio- controlled device whieh is designed to be used for the de- tection of any unauthorized entry into a building, struc- ture or facility, or for alerting others of the~ommission of an unlawful act within a building, structure o~r facility, or both, which: emits a sound or transmits a signal or mes- sage when activated. Alarm systems i~elude, but are not limited to, direct .dial telephone devices, audible alarms and proprietor alarms. Excluded from the definition of alarm systems are devices which are designed or used to Supp. No. 66 1508.2 BOARD OF COUNTY COMMISSiON£RS December ll, 1987 Honorable Robert Knowles St. Lucia County Sheriff Post Ofice Box 2148 Fort Pierce, Florida 34954 COUNTY A'i-I'O RN 6Y Krista A. Storey Heather Young Doris G. Fergusan Daniel S. Mc lntyre ASSISTANT COUNTY AFfORNEY ASSISTANT COUNTY ATTORNEY ,a-.c.c!St-a. NT COUNTY ajl:K3 ~NEY Dear Sheriff Knowles: RE: Draft Ordinance No. 88-11 (Formerly No. 87-3) The Board of County Commissioners will hold a public hearing to- consider the adoption of proposed Ordinance No. 88-11 (formerly No. 87-3) regarding adult establishments at its regular meeting on Tuesday, January 2 ,~988. k'or your information I am enclosing a'copy of the Notice of Intent together with a copy of the proposed ordinance. . I request ~hat you attend this public hearing on January 26, 1988, and be prepared to discuss Section 1~3-11 of the proposed ordinance with the Board of County Commissioners.- DSM/ih Enclosures Copies to: Sincerely, Da~itel S. MClntyre County Attorney ~ Board of County Commissioners State Attorney County Administrator Community Development Director HA%~I%! L FENN. District No. ¢ · JUDY CI31.PEPPEI%. District No. 2 · .IACK KRIEGE~ Dtstrlct No. 3 · R. DALE TI~FELNIrR. Dlsl'rlct No. 4 · JIM MINI,X. DIstrict No. 5 Coun~ Administrator - ~LOON O. LE'~S 2300 Virglnio Avenue · Fort Pierce. ~ 34982-5652 · Phone (305) 466-t t00 [xt. 214 BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE adopting a County Ordinance COUNTY, FLORIDA, will consider (No. 88-11 formerly No. regarding adult establishments at its regular meeting On Tuesday, the 26th day of January, 1988, at 9:00 a.m., or as soon thereafter as %~e matter may be heard, at the St. Lucie County · Administration Building, 2300 Virginia Avenue, Room 101, Fort Pierce, Florida. Matters affecting your personal and property rights may be heard end acted upon. All interested persons ere invited to attend and be heard. Copies of the proposed ordinance may be obtained from the County Attorney's Office, St. Lucia County Administration Building, 2300 Virginia Avenue, Room 106, Fort Pierce, Florida, 54982. Amendments to the proposal may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to insure that s verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appea~ is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn 'kn. Any%art]/ to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon The title of the proposed ordinance is as follows: AN ORDINANCE AMENDING CHAPTER 1-3 "ALCOHOLIC BEVERAGES" OF THE. CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY PROVIDING FOR LEGISLATIVE AUTHORIZATION, FINDINGS D~FACT AND DEFINITIONS; PROVIDING FURTHER FOR TIIE PROHIBITION OF CERTAIN ACTIVITIES R~LATING TO THE DISPLAY OR DEPICTION OF SPECIFIED ANATOHICAL AREAS w OR SPECIFIED SEXUAL ACTIVITIES AT ESTABLISHMENTS AT WHICH ALCOHOLIC 'BEVERAGES ARE PRESENT,}' OR ARE AVAILABLE TO BE, SOLD, DISPENSED, CONSUM~D, POSSESSED OH OFFERED FOR SALE OR CONSUMPTION Z ON THE PREMISES~ PROVIDING FOR PROOF AND PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILIT¥, APPLICABILITY AND FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND TH~S NOT~CE EXECUTED AND DATED THIS 4TH DAY OF JANUARY, 1988. Submitted by: Dante1 S. MCIntyre County Attorney PUBLISH DATE= PUBLISHER= TYPE AD= PROOF January 4, 1988 BILL TO= Copies to= The News Tribune Legal St. Lucie County Attorney 2300 Virginia Avenue, Room 106 Ft. Pierce, FL 33482 Board of County Commissioners 2300 Virginia Avenue, Room 104 Ft. Pierce, FL ~'3348~ County Administrator Clerk of the Court Sheriff '-- Planning Administrator Clerk's Secretary ORDINANCE NO. 88-il (Formerly Ho. 87~3) AN ORDINANCE AHENDING CHAPTER 1~3 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY PROVIDING FOR LEGISLATIVE AUTHORIZATION, FINDINGS OF FACT. AND DEFINITIONS; PROVIDING FURTHER FOR THE PROHIBITION OF CERTAIN ACTIVITIES RELATING TO THE DISPLAY OR DEPICTION OF SPECIFIED ANATONICAL AREAS OR SPECIFIED SEXUAL ACTIVITIES AT ESTABLISHHENTS AT WHICH ALCOHOLIC BEVERAGES ARE PRESENT, OR ARE AVAILABLE TO BE, SOLD, DISPENSED, CONSUMED, POSSESSED OR OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES; ,PROVIDING FOR PROOF AND PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY AND FILING WITH THE DEPARTHENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has determined to adopt this ordinance for the reasons set out in Sections 1-3-10 and 1-3-11 of the ordinance. NOW, THEREFORE, BE IT ORDAINED 'BY THE BOARD OF COUNTY COMMISSIONERS oF ST. LUCIE COUNTY, FLORIDA, THAT= PART Ao CHAPTER 1-3 "ALCOHOLI~~ BEVEHAGES" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS~ Section 1-3-10. Leaislative a~thorizat~on. This ordinance is enacted in the inter~s~c of the Dubl~ health, peace, safety, end q0neral wel~ar~ oi.th0 ~ktizens and inhabitants of St. Lucie County. FIorl0~,- Dursu~t to Article VIII. Section l(f). of the Florida Constitvtton 8nd Sec%ion 125.01(1)(O) and (w) of the Florida Statutesr'~198§)-. and under the authority of the County to regulate the sale and consumption of.alcoholic beveraoes, pursuant to tb~ Twenty-First Amendment to "~. r"-.'~', through passages are deleted. added. --1-- Underlined passages are the Constitution of the United States. New York State. Liouo,_ Authority v. Bellanca. 4§2 U, $. 714 (1981)= City of Davton~, Beach v. Del Percio. 476 So.2d 197 CFla. 1985) Section 1-S-Il. Flndinus of Fact~ The Board of County Commissioners of St. Lucia County. Florida. finds that= Ca) There is presently in the unincorporated area of St~ Lucia County. Florida. e trend toward the disPlaY or deniction o£ specified anatomical areas or specified sexual acts bM establishments sub4ect hereto. (b) The disDlaV or deDiCtio~ of specified anatomical erea~ or .specified sexual acts is adverse to the Public's interest in the duality of life. tone of commerce and total environment in,St. Lucia County_ ¢C) The display or depiction of specified anato~.~c~l or specified anatomical areas or specified sexual acts freouent~l occurs i~ commercial establishment~ either sellino or allowi~u consummtion ofalcoholic beverages on the Dr~mises. ~d) There is a direct:relation.~him between the cbnsumDtio~ of alcoholic beverages and the display or deDiCtf~n of specified anatomical areas or specified sexual ac~e mentioned above. prohibited hereunder.' and more fully described-hereinafter and increase in criminal activities, and disturbances of the ~nd~ ~ood order of the community, and the concurrency of activities is hazardous to the health and safety of those Derson:~ · in 'attendance. and tends to depreciate the value of adJoinl~u ~~h added. passages are deleted. Underlined --~-- passages are property and harm the economic welfare of the communitv as whole. (e} The combination of the sale or consumption of alcoholic beverages with the diSPlaY or depiction of specified anatomical areas or specified sexual acts is adverse to the Public's interest in the ~ualitv of life. tone of commerce and community environment in 'St. Lucia County, (fl In order to preserve the PUblic Peace and ~ood order, and to safeguard the health, safety, end welfare of tbs county and citizens thereof, it is necessary and advisable to regulat~ the diSD18V or depiction 'of ~Decified an~tomical areas or specified sexual acts in commercial establishments at which alcoholic beverages are. or ere available to be sol~ Or consumed. ¢~) In order'to preserve the public peace and'~ood order, and to safeguard the health, safety, and weIfare of the county and citizens thereof, tt ~s necesarv and sdvksable to requlste and restrict the conduct of. owners, oDeretors.'a~ents, employees. entertainers, performers. Patrons. spectatOrs:and Derson~ On premises of the commercial establishments subject her~tQ, Section 1-$-12, Intent of Ordinance, The intan~ of %he Board of County Commissioners of St. County. Florida. in adootin~ this ordinance is: ~e) To regulate the display or denictio~ of anatomical ,tess or specified sexua! activities, es defined, commercial estsblishments at .which slcoholic 'beveraq~$, bger Qr' wine is. or is svaileble to be. sold, disoensed or consumed: S{~--~.rough passages are deleted. Underline~ passages added. --3-- ars (b) To regulate the performance of straddle dancinq, as defined, in commercial establishments et which alcohOli~ beverages, beer or wine is. or is available to be. sold, disoensed or consumed~ and {c) To regulate conduct and activities which encourage display or depiction of specified anatomical areas or specified sexual activities in commercial establishments at whioh alcoholi% beveraaes, beer or wine ks. or is available to be. dispensed or consumed. SeCtion 1-3-13, Def~nition$~ The following definitions shall SDD1V in this ordinance: fa) "Alcoholic beveraqe" means ~11 beverages contaiDln~ moro than one percent (1%) of alcohol by weiuht, inCludin~ beer and (b) "Board" means the Bo~rd of County Commiss~oners of St. Lucia County. Florida. fo) "Commercial" means operated for Pecuniary gain. whicl~ shall be presumed for any estBblishment which has reoeived Occup~tiona% license, For DurDoses'-Of th~$ ordinance, oDeratinh for DecuDiarv ~ain shall not depend on actual Drofit rd) "Establishment" means a PhYsical plant or location the commercial activities or operations bein~ conducted, or together, as the context of this ordinance may fa) "Person# means ~ndividuals. firms.- 'associations. ventures, partnerships, estates, trustS, business ~~h passages are deleted. added. --4-- Underlined passages are ~ndiostes. fiduciaries, corsorations. ~overnment offici~ls. ~overnment entities end ell other groups or combinations. Cf~ "Premises" means a PhYSiC81 plant or location which is enclosed by walls or any other enclosina structure1 d~viGe, or which is covered by a sinule roof or with e sinale shared entrance, if not covered by a single roof. and ~hall ipOlUd~ any structure, structures or land. or contiguous structures or land. Within 500 feet of the phYsiCal plant or locat~o~ where suGb structures or lend and the nhvsice! Dlant or location are under common ownershim, control or possession. )"Soecified Anatomical A~ea$" m~ans less than opaquely covered: (al human oenitals: human Pubic reqion; human {emale breasts at directly below areola. Th~$ prohibition shall i~clu~ the entire lower portion of the female breast bu~ shall not b~ ~nterDreted 'to incl~d~ ~n~ DortiOn of the cleavag~ of the breast exhibited by e dress, blouse, shirt, leotard, bathin~ suit. or other wearinu apparel. Provided the areola is not so exposed. human m~le qeni~els ~p 8 ~i~oernible tur~id state, even if completely end ooaouelv co%ered: human buttOG~s. "Smec~fied SexUal Act~vities" means~ b~man genitals in a State of sexual stimulation, arousal or tumescence: acts of human s~amut~m, anaXin~us, bestiality, buqgerv, ounn~lingu$, coprophaqy, coprophilfa, fellatio, flagellation, frotta~e, hvphephil/a.' masochism, masturbation, sadism, sadomasochis~, sexual intercourse, sodomy, or urola~nia: ~4%--~h~h passages are deleted. Underlined passages are added. (3) .fondling or o~her 9rotio touching of human ~enitals. pubic reqion, buttocks, anus 0r f~mal9 breasts= ¢4) excretory functions aS part of Or ~ connection with any of the activities set forth in ¢1) throuqh (3) above. (i) "Straddle Dance" also known as a "lap dance" "facedance" means the use by 8n employee, whether clothed or not._ of any part of his or her body to massage, rub. stroke, knead. ca'ess or fondle the ~enital or pubic area of a patron, while on the premises, or the Dlacin~ of the ~enital or pubic area of employee in contact with the face of e patron, while On premises. Section 1-3-14. Prohfbttfon of Certain Activities, (a) It shall be unlawful for any person, whil~ on tho premises of a commercial establishm~n~ at which alcoholic beverages are present, or are available to be. sO14. dispensed, consumed, possessed or offered for:sale or consumptiOp on premises, to expose specified anatomical areas while on ~h~ premises, (b) It shall be unlawful for anv-'Derson Owning, oDeratinq or le~$~n~ any commercial establishment at alcoholic beverages are present, or ~re eva~lable tO be, Sold, d~spensed, consumed. Possessed or offered for sale or consumptior on the Premises t~ knowingly, or with reason tQ6'~ow, suffer~ permit or allow, any person paragraph Ca) of this Section. on the prem~$8$~ tO ViOlate sub. --- -- ~h passages are deleted. Underlin~d passages are added. ' ¢0) It shall be unlawful for any person, while on th~ vremises of a commercial establishment at which alcoholic beveraoes are present, or are available to be. sold. dispensed. consumed, oossessed or offered for sale or consumotion,on premises to encase 'in or simulate eno specified sexual activities, Od) It shall be unlawful for any carson, while premises of a commercial establishment at which beveraoee ere present, or are available to be. sold dispensed. consumed, nossessed or offered for sale or consumotion on premises, to participate in a ~traddle dance, as that term ~eftned herein, (el It shall be unlawful for any person owninG, maintaining, omeratinq or leasina a commercial establishment at which alcoholic beveraoes are oresent, or are available to be. sold. disnensed, consumed. Possessed or offered for sale-or consumption on the premises, to knowin~lv or wi~h reason to know. suffer. Dermi~ or allow any hereon to en~aoe in or simulate anv~sDecified sexual ect~vities on the oremises. (f) It shall be unlawful for any person owninu~] ~ainta~n~q. ooeratin~ or leasino a commercial establi~hmeDt a~ - which alcoholic beverages ere present, or aveilsbl'e to be. sold. dispensed, consumed. POSSessed or offered for sale or oonsumotion on the .premises. to knowinol:v or with reason to r~now, suffer. permit or allow anv person to participate, in a gtraddle dance on the-oremises, as that term is defined herein. .~ruc.: threugh passages are deleted. added. --7-- Underline passages are (~) It shall be unlawful for any person, while on th9 oremises of a commercial establishment 8~ which alcoholic beverages are. or are avail$~l~ ~O be, sold. disDensed~ consumed. possessed or offered for sale or consumption om the Dremfses~ to use or be present in areas partitioned or screened from buell<. view that are designed to be occupied toqether or alone by an% nerson or persons On the premises of such establishment for tho DurDose of engaatn~ in specified sexual activities or exposure of specified anatomical ~rees, Notwithstendina provisions of this ordinance to. the contrary, it shall not unlawful for any person to expose specified anatomical areas ir connection with the useof ~DDroved sanitary facilities known as rest rooms. ~owever. specified anatomical areas shall be exposed or displsved only in connecti0R with excretory functions, Section 1-3-15. Proof, ~a) In ell actions, civil or criminal, for violation of ordinance, proof that the beverage was an alcoholic beverage, may be made by any person who. bv experience in the D~St in.handlinu or use of alcoholic beverages, or who by taste, ismell or~drinkinu of such liquids has knowledge of the presence:of ~he alcoh01~; content thereof or the ~ntoxicat~n~ effect thereof, may testify as to his or her opinion whether such beverage is..~an slcoholi,~ beverage. Stru~h passages are deleted. added. --~-- r~ passages are Cb) The nresence of alcoholic content o£ any beverace, may be shown by hydrometer or aravitv tes~ made i~ Or awav from the nresence of the fact finder bv any hereon who has knowledge of the use of said instrument, Section 1-3-16. Penalties, (a) The Board may brin, suit to restrain, ~n~oin or otherwise prevent the violation of this ordinance i~ th~ Circuit Court of St. Lucia County. Florida. Cb) Violation of this ordinance is a misdemeanor oursuan~ t0 SectiOn 125,69. Florida Statu~es. and tS punishablq under said section bv imprisonment for uo to'sixty ¢§0) days or a fine of U[' to five hundred and 0/100 dollars ($500.00)~ or both sucll tmorisonment and fine~ {c~ If the owner, operator, lessor, lessee, maneaero ~molover or any other person DarticiDatin~ in the maintenance O~ operation of a 'commercial establishment at whi¢h ~lcoholi© beveFaqes are. or are available tO be, sold, dispensed, consume4~ possessed or offered for ~ale or consumDtion On the 'premis~, violates this ordinance, th~ St. Lucia County. Occuo~tiona~ License issued tO such violator for said establishment may bc revoked bv action of the Board at a Public hearinq ~pOn duc notico, rd} If at any time the license ~or t~.-- commercial establishment is revoked ~ursuant to subsection (c) above. least one (1) year shall elaose, before another license, ma~ issued for the same establishment. Such license may- be ts~ue~] only after a public hearin~ held before the Board, ~~gh passages are deleted, i~ passages are added. --9-- PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucia County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the' remaining port~ons of this ordinance. If th~s ordinance or any provision thereof shall be held to be inappl~cable to any person, property, or circumstance, such holding shall not effect ~ts spplicab~lity to any other person, property, or circumstance.. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of St. Lucia County. ~ ~ PART E. FILING WITH THE DEPARTMENT OF STATE. ~ The Clerk is hereby d~reoted forthwith to ~d a certified copy of th~s ordinance to the Bureau of Administrative Code and Laws, Department of State, The Cap,to1, Tal~ahassee, Florida, 32304. PART. F. EFFECT/VE DATE. r'~'~ This ordinance shall take effect on , 1987. StruCg~h passages are deleted. added. -10- Underltne~ passages are PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Jack Krieger Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minlx Commissioner Judy Culpepper CODIFICATION. XX XX XX XX XX Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucia Count~, Florida, and the word "ordinance" may be changed t~ "section", "article#, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that PartS B through H shall not be codified. PASSED ~ND'DULY ADOPTED this XX;'day of XX, 1988. BOARD OF COUNTY COMHISSIONERS ATTEST~ ST. LUCIE COUNTY, FLORID~ CLERK CHAIRMAN APPROVED A~ TO FORM AND CORRECTNESS: COUNTY ATTORNEY 8{"~'4~--%hz~ugh passages are deleted. added. -11- Underlined Passages are ORDINaNCf NO. se- ~ ~ ~ ~ AN ~R~INANCE RELATING TO ADULT ENTERTAINMENT TN BAKER COUNTY, FLORIDA; PROVIDING FO~ AREA OF E~FORCEMENT. MAKING FINDINGS 0 FACT- IDENTIFYI~ THE INTENT OF THIS ORDIN~CE; ' PROVIDING ~EFINITIONS-PROHIBITING NU~E OR ESTABLISHMENts AT WHICH ALCOHOLIC BE~P~%GES ARE, oR ?~__~AIn~LE TO BE, SOLD, DISPENSED, CO~SU~D, POSSESSED OR ~FFE~D FOR S~ OR CONdiTION ON LISH~TS FRoM ~UFFE~NG OR PE~I~ NG NUDE OR P~MISES OF SAID~ST~LISH~NTS; P~OHIBITING PLOYEES ~D PATRO~, SPE~ATO~ O OTHER PE~ONS ~]-~~c~ ~D ~s~ o~--~ON~D o~ ~c~sD ~s ~ suc~ ~S~SH~.S, ~O- HIB~T~NG O~SIDE AD~RTISE~NT ,~ICH ~COU~GES, SOLICITS, INDUCES OR ~ROM~ES ~ONDU~ PROHIBITED s~ ~.zs o~z~ ~ %ucs sS~LZSH~S, ~O- V!DING P~SU~TIONS; P~OVIDI~ FOR PR~F- PRO- V DING PEN~TIES; PR~I~OR S~BILITY; PROVIDING FOR ~ EFFECTI~ DATE. CO~TY, FLO~DA, ~at: ~ction 1. S~ Title: This ordinance shal~e kn~ ~he Afl~ ~' ~y, F~da. _ ~1-3-~0 ~ec~ion ~. Leq~s~a~ve Authorization: This ordinance ena~ed in ~he ~n~eres~ of ~he pubZi~ hea~h, peace, and gener~ ~eZfare of ~e ~izens and inhabitants o~ ~o~ida Constitution and Section ~25.0~(~)(o) and (~) ~Zor~da S~a~u~es (Z985), and unde~ ~he authority County ~o regulate ~he sale and eons~p~ion of beverages~ ~u~suan~ ~o ~he ~en~y-~irs~ ~en~en~ ~o ~he Cons~i~on ~ cep in an ordinance of mu cipality , ordinance of ~cipali Section ~ ct: The Board of County Commissioner Florida, finds that: (a) There is presently in the Northeast Florida area an increasing trend toward nude and semi-nude acts, exhib'itions and entertainment,i and semi-nude emplOyees of and by the (b) The nudity and semi-nudity the quality of ~ environment in Baker County~ utilization of nude and Lented aspects hereto. .ialexploitation of such thelpubiic's interest in · nd total co--unity (c) The commercial exploitation Of nudity and semi- ' nudity consists of the use of nude ahd. 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 con- sideration for a nude or semi-nude performance by such in- dividual. (d) The co~ercial exploitation of nude and semi-nude acts, exhibitions and entertainment frequently occurs in commercial establishments either selling or allowing consumption of alcoholic beverages on the premises. (e) There is a direct relationship between the consump- tion of alcoholic beverages and the nude and semi-nude activities mentioned above, prohibited hereunder, and mor~ fully described hereinafter and an increase in criminal activities, ~ ~e~, and disturbances of the peace and good order of the community, and the concurrency .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. ~ ~) The combination of the sale or consumption of alcoholic beverages with the performance of nude and semi-nude acts, exhibitions and entertainment is adverse to the public's interest in the quality of life, tone of commerce and total community environment in ~County. (~) In order to preserve the public peace and good order, and to safeguard the health, safety, morals and welfare of the county and citizens thereof, it is necessary and ad- visable to prohibit nude and semi-nude acts, exhibitions and entertainment in commercial establishments at which alcoholic beverages are, or are available to be sold or consumed. ~) In order to preserve the public peace and good order, and to safeguard the health, safety, morals and welfare of the county and citizens thereof, it is necessary ~nd ad- visable to regulate and restrict the conduct of owners, operators, agents, employees, entertainers, performers, patrons, spectators and persons on the pre~nises of the commercial establishments subject hereto. Section~. Intent of Ordinance: Th~ intent of the Board of County Co~issioners of ~-~County, Florida, in adopting this ordinance is: (a) To prohibit nude and semi-nude entertainment, as defined,'in commercial establisfunents at which alcoholic bev- erages, beer or wine is, or i~. available to be, sold, dispensed or consumed; (b) To prohibit the co~erclal advertisement,'promotion and exploitation of nude and.semi-nude entertainment, bas defined, in commercial establishments at whichalcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed; and (c) To proscribe conduct and activities which encourage the competitive co~ercial exploitation of nude andsemi-nude entertai~ent in commercial establis~ents at which alcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed. Section ~. ~finitions: The following definitions shall apply in this ordinance: (at~vertis~ent" m~~y, n0tice or;ther ~nforma/on ~s~ed to attr~t pubic ~tion, inc~ding . b~ n~ iimit~ ~andbi~, signs, ~l~~ndtracks, pla nd ritten notices. (b) "Alcoholic beverage" means all beverages containing more Man one percent (1%) of alcohol by weight, including beer and wine. % (c) "Board" means ~e Board of Co~ty Commissioners of _~=2~e~ County, Florida. d (d) "Commercial" means operated for pecuniary gain, which shall ~ presumed for any establis~ent which has received an occupational license. For purposes of ~is ordinance, opera- ting for pecuniary gain shall not depend on actual profit or loss. j (e) "Establis~ent" means a physical plant or location, or Me commercial activities, or operations being conducted, or ~M together, as the context of ~is ordinance may require. (f) "Nude/~z~-nude entertainmer~"/~sists ~f ~e c area ~n~ or anal cleft or cleavage. ' - 4 - /ri a (ii.)emThe actual or sim~f~e~ displayin~ by a he or ~w the a~a. ~ (~ "Person" means individuals, firms~ associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, government officials, government entities and all other groups or com- binations. ~ C~ ~ "Premises" means a physical plant or location, which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof or with a single shared entrance, if not covered by a single roof, and shall include any structure, structures or land, or contiguous structures or land, within ~4~8 feet of the physical plant or location where such structures or land and the physica~ plant or location are under-common ownership, control or possession. Section' ~'/~Prohibition: (a) ~ll be unlawful fo~son to engage/n ~de or s~i-nude ~tertain~ent in/any co~n~ial establthment d~r offered for sa~Dz/ consump- tion the premises. (3 ~) It shall be unlawful for female while any person, on the premises of a commercial establishmen~ 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~ublic view that area of the human female breast at o~e~w the areola thereof ~r to employ any device or covering which is in=ended to give the appearance of or s~m~ulate such areas of the female breast as described__ O~ (~) ~ f~) 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, con- sumed, possessed or offered for sale or consumption on the premises, to expose to public view his or her genitals, pubic area b t · u tocks,Aanus or anal cleft or cleavage or to employ any device or covering which is intended ~o give the. appearance of or simnlate the genitals, pubic area, buttocks,Aanus o'r anal cleft or cleavage. (~J~ It shall be unlawful for any person owning, main- taining, operating' or leasing any commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consume, d, .ppsse_~e.~ ox,off.ered..for ~ale or consump- tion t an --person the  e It shall be ~ . . / ~e) ~It unlaw_ul for any entertainer, p.~rformer ~ )r employ~lle on the Pr~commerciai~blish- //~ ment re~/1.at.e~der this.~_dinance tOe, nco i/~ a manner or oth not em lo d the in. (f) It shall he.awful for a~ entertainer, performer / ~_~ or employee,, while on the p~emises /~f a commercial establish- '. . th~--~--L~ ..... :~'~;;'o~ 9~__ x . ~_~ = ~ -' ~ -. . .- - ~h~ tO~/uched by--non, s~e tarot or othe / 1.~ ~ (g) It .s/1 be unlawful for any perso~owning, main- ~ ~ raining, operating or leasin~ ~, commercial establ~hment regu- (h) It shall be unlawful for any person, while on the premises of a commercial establishment regulated under this ordinance, to use or be present in areas partitioned or screened from public View that are designed to be occupied together or alone by any pe~on or persons on ~.he premi~ of such establishment for (i) It shall'be unlawful for any person owning, ~ain- raining, operating or leasing a commercial establishment regulated under this ordinance to suffer or permit the con- struction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied together or alone by any person or. persons on the. pFemlses of such la ;.~d, undl.r t~rdinance ~~~ any es ~ablis~ent. Preemptions: The ~~pt~ shall ~pl~n actions broug~iolation of this or~'nance: ~er~o? whot~i~ains, operates, trses7 -ntef;--ent~t~lly t~7 P~t~pr~ise, ~viol~ion Section 9. Proof: (a) In all actions, civil or criminal, for violation of this ordinance, proof that the beverage was an alcoholic beverage, may be made by any person who, by experience in the past in handling or use of alcoholic beverages, or Who by taste, smell or drinking of such liquids has knowledge of the presence of the alcoholic content thereof or the intoxicating effect thereof, may'testify as to his or her opinion whether such beverage is an alcoholic beverage. (b) The presence of alcoholic content of any beverage, may be shown by hy~rometer or gravity test made in or away from the presence of the fact finder by any person who has knowledge of theuse of said instrument. Section L~. Penalties: (a) Any per~on may bring suit to restrain, enjoin or otherwise preventthe violation of this ordinance in the Circuit Court of ~-e~ounty, Florida. {b) Any/~er s~q~i (c) If the owner, operator, lessor, lessee, manager, employer or any other person participating in the maintenance or operation of a co~nercial 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 is.convicted of a violation of this ordinance, the ~County Occupational License issued to such violator for said establishment may be revoked by action of the Board upon due notice. (d} If at any time the license of a commercial estab- lishment is revoke~ pursuant to subsection (c) above, at least 1,0 ~~s shall elapse before another license may be issued to the same establishment. Such license may be issued only after a public hearing held before the Board. ./ CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. \ applicable throughout the f- ~ F/LING WIT~ DEP~_ .'E. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The._ Capitol, Tallahassee, Florida, 32304.  >~/.._ EFFECTIVE DATE.'" This ordinance shall take effect ~p~z, ~a~lp~ ~ ' "' - -' '~-' ~- :' - ' of' ~:- ..... - :re ~t th~a,~ ~-d'~ ~,~,~= has be - ''~ ' - · - _~ce. P~ Provisions of this ordiance shall be incorporated 4n the ~unty Code and the word "ordinance"-'may be changed ~ "section," 'article" or other appropriate word~ and ~he sections of ~his FLAGLER COUNTY ORDINANCE NO. 86-10 c~. AN ORDINANCE RELATING TO CONDUCT IN~ ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES~ BY PROHIBITING PERSONS FROM EXPOSING PRIVATES: PARTS AND FEMALE BREASTS, ENGAGING IN SEXUAL~ CONDUCT, AND CAUSING DEPICTION OF NUDITY AND~ ~.~ SEXUAL CONDUCT; PROHIBITING SIMULATION OF~ PRIVATE PARTS, FEMALE BREASTS AND SEXUAL~.=~ CONDUCT, AND DEPICTION OF SIMULATED NUDITYAND SEXUAL CONDUCT; PROHIBITING PERSONS MAINTAINING, OWNING, OR OPERATING SUCH ESTABLISHMENTS FROM SUFFERING OR PERMITTING' ANY SUCH PROHIBITED ACTIVITY; MAKING LEGISLATIVE FINDINGS; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILIT~; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. WHEREAS, the County Commission has been advised of Board of County Commissioners of Lee County v. Dexterhouse, 348 So.2d 916' (2 DCA Pla. 1977) ; affirmed, Martin v. Board of County Commissioners of Lee County, 364 So.2d 449 (Fla. 197 8) ; appeal dismissed, Martin Board of County'Commiss}oners of Lee County, 99 S.Ct. 2024 (1979), which decisions held that a municipality may regulate certain ee~'~vities within establ~s.hments dealing in alcoholic beverages; and WHEREAS, the County Commission has been made aware of California v. LaRue, 93 S.Ct2 390 (1972) and New York State Liquor Authority v-- · Bellanca, 101 S.Ct. 2599 (1981), which decisidns held that the municipality' may prohibit various forms of actual and simulated nude and sexual conduct and depiction thereof within establishments dealing in alcholicbeverages; and WHEREAS, evidence has been propounded ~hat indicates that nudity and sexual conduct and depiction thereof coupled with'alcohol in public places begets u~desirable behavior, and that prostitution, attempted rape, rape, murder, and assaults on police officers are occurring in and around establishments dealing in alcoholic beverages where nude and sexual conduct and depiction thereof is permitted; and WHEREAS, County Commission is desirou~ of prohibiting the public display of nude conduct or the simulation thereof, sexual behavior or ~ the simulation thereof, and 9raphic depiction of nude and sexual conduct or the simulation 'thereof in establishments dealing alcoholic beverages; and WHEREAS, establishment dealin~ in alcoholic beverages is define~ as follows: Any business or commercial establishment (whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensedby theState for sale and/or service of alcoholic beverages, and any bottle club; hotel; motel; restaurant; nightclub; country club; cabaret; meeting facilitiy utilized by any religious, social, fraternal or similar organization; business or commercial establishment where a product or arti'cle is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be, or is intended to be mixed, cOmb%ned with or drunk in connection or combination with ~n alcoholic beverage on the Premises of said business or commercial establishment; or business or commercial establishment where the consumption of alcoholic beverages is permitted. A private residence, whether permanent or temporary in nature, is not an establishment dealing in alcoholic beverages. The substance of such definition affirmed in Patch Enterprises , Inc. v_~. McCall, 447 F.Supp. 1075 (M.D. Fla. 1978). NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF FLAGLER, FLORIDA: SECTION 1. Nudity, Sexual Conduct Prohibited. (a) No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or buttocks or any simulation thereof in any establishment dealing in alcoholic beverages, (b) No female person shall expose to public view any portion of her breasts below the top of the areola 'or any simulation thereof in an establishment dealing in alcoholic beverages. (c) NO person maintaining, owning, or operating an establishment dealing in alcoholic beverages shall suffer or 'permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or-buttocks or simulation thereof within the establishment dealiqg im alcoholicbeverages. (d) No person maintaining, o~hing, or operating an establishment dealing in alcholic beverages shall suffer or permit any female person to~xpose to public view any portion of her breasts below the .. top of the areola or any simulation thereof within the establishment dealing in'alcoholic beverages. (e) No person shall engage in and no peasen maintaining, owning or operating an establishment ~ oF- dealin~ in alcoholic bevera~st.sha{1 suffer. Or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing Or fondling of the breasts, buttocks, anus or genitals or the si~.ulatiou thereof within an establishment dealing in alcoholic beverages. (f) No' peYson shall cause and no person maintaining, owning or operating an establishment dealing iQ alcoholic beverages shall suffer or , permit the exposition of any graphic representation,' including Pictures or the projection of film, which depicts human genitals, pubic area, vulva, anus, anal cleft or cleavage, buttocks, female.breasts below the top of the areola, sexual intercourse,' masturbation, sodomy, ' bestiality, oral copulation; flagellation, any sexual act prohibited by law, touching, caressing or fondling of the breasts, buttockS, anus, or genitals, or any simulation thereof within any establishment dealing in alcoholic beverages. SECTION 2. It is hereby found that the acts prohibited in Section I above encourage the conduct of prostitution, attempted rape, rape, murders, and assaults on polic~ officers i'n and'around establishments dealing in alcoholic 'beverages, that actual and simulated nudity and sexual conduct.and the dep!citlonthe~eof coupled with alcohol in public places begets undesirable behavior, that sexual, lewd, lascivious, and salacious conduct among persons and .employees within establishments dealing iq alcoholic beverages results in violation of law and dangers to the health, safety and welfare of the public, and it is the intent of this ordinance to prohibit nudity, gross sexuality, and the simulation and depiction thereof in establishments dealing in alcoholic beverages. SECTION 3. Violations of Section i of this Ordinance shall be punished by imprisonment for not more than 60 days and a fine of Five hundred Dollars ($500.00). Dated this 15th day of May, 1986. BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY · ' Chairman ' ...... 6 k~k~k -~k3~- ATTEST: ~-~'~ { ~~% ~ .~ ~N B BARBER ID. 19~. SH[LT0~ B. B~RBEA Clerk, Board of County '~[RK OF ~R~IT ~UR1 Co=issioners Gy~D-C' Date effective per Florida Statutes 125.66 2-19-86 DRAFT ORDINANCE NO. 86- AN ORDINANCE CREATING THE ADULT ENTER- TAINMENT CODE WITHIN..CHAPTER 14, ARTICLE VIII, OF'THE CODE OF BREVARD COUNTY; ~ETTING FORTH THE AUTHORITY, SCOPE AND PURPOSE OF THE ADULT ENTERTAINMENT CODE; SETTING FORTH THE ~ITLEi; PROVIDING THAT OBSCENITY IS NOT SETTING FORTH TH ON; PHE TERMS RESPONS] TRATIVE FOR ADULT PRO- IDING GATION THE :NIALAND A LIMI- RENEWALS; P FOR AND FORTH THE ~G FORTH TISING; ADULT DECLARING COMMERCIAL RNTERTAI WHEN OR MINORS; THIS IN VIII(D) MENTS FOR FOR MASSAGE ON MINORS AT ESTABL MASSAGE TO OF OF OF JIRE- PROVIDING OF THE THE FOR HOME MASSAGE ARTICLE VIII(E) SETTING FORTH THE REQUIRE- MENTS FOR ADULT MOTION PICTURE THEATERS; PROHIBITING MINORS IN ADULT MOTION PICTURE THEATERS; PROVIDING FOR INSPECTIONS; PROHIBITING THE DISPLAY OR EXHIBITION OF SPECIFIED ANATOMICAL AREAS AT ADULT MOTION PICTURE TREATERS; PROHIBITING SPECIFIED SEXUAL ACTIVITIES AT ADULT MOTION PICTURE THEATERS;ESTABLISHING ARTICLE VIII(F) SETTINGFORTR THE REQUIREMENTS FOR ADULT BOOKSTORES; PROHIBITING MINORS AT ADULT BOOKSTORES; PROVIDING FOR INSPECTIONS; PROHIBITING THE DISPLAY OR EXHIBITION OF SPECIFIED ANATOMICAL AREAS AT ADULT BOOKSTORES; PROHIBITING SPECIFIED SEXUAL ACTIVITIES AT ADULT BOOKSTORES; PROVIDING FOR THE SALE OF NON-ADULT MATERIAL IN ADULT BOOKSTORES; REQUIRING THE PROVIDING OF ADDITIONAL INFORMATION; ESTABLISHING ARTICLE VIII(G) SETTING FORTH THE REQUIREMENTS FOR ADULT DANCING ESTABLISHMENTS; PROVIDING FOR CERTAIN ACTS!BEING PRoHiBITED WHERE ALCOHOLIC pRESENT; ESTAB- SETTING FORTH T~E UNDER THE ESTABLISHING ?ENALTIES; AND ORDINANCE ~g- ~- ARTICLE VIII ADULT ENTERTAINMENT CODE Section 1. Sections 14-128 through Section 14-131, Code of Brevard County are:-hereby repealed. Section 2__ A new Section 14-128 is adopted to read as follows: ARTICLE VIII(A) - General Provisions Section 14-128. Authorit¥~ This ordinance is enacted under the/~ower and authority of Brevard Connty, Florida, in the interest of the public health, peace, safety, and general welfare of the citizens and inhabitants of Brevard County, Florida, amd under the authority of the Twenty-First Amendment tn the United States Constitution to regulate the sale and consumption of alcoholic 'beverages. Section 3. A new Section 14-129 is adopted to read as follows: Section 14-129. Scope. This ordinance shall be effective throughout the unincorpgratd area'of Brevard County, Florida. Section 4. A new Section 14-130 is adopted to read as follows: Section 14-130. Purpose. The intent of the Board in adopting this ordinance is to establish reasonable and uniform regulations that will reduce the adverse effects adult entertainment businesses have upon Brevard County, Florida, and to protect the health, safety, morals and welfare of the citizens and inhabitants of Brevard County, Florida. Section 5. A new Section 14-131 is adopted to read as follows: Section 1&-131. Title .... This Chapter may be known and cited as the ~Adult Entertainment Code". Section 6. A new Section 14-132 is adopted to read as Y? fdllows: ~ ~ Section 14-132. Obscenity N6~ Permit.ted. Nothing is this Code shall be construed to allow or permit the possession, distribution and transportation of obscene materials or to authorize the exposing of persons under seventeen years of age to motion pictures, exhibitions, shows, representations and presentations of specified sexual activities or persons displaying or exhibiting specified anatomical areas. These matters are preempted to the State and are subject to State regulation, and it is not the intent of the Board Go legislate with respect to preempted matters. Section 7-- A new Sectioa 16-133 is adopted to read as follows: Section 16-133. Construction. This Code shall be liberally construed to accomplish its purpose of licensing, regulating and dispersing adult entertsinmeat and related activities. Unless otherwise indicated, all provisions of this Code shall apply equally to all persons regardless of sex. The words "he", "his", and "him" as employed in this Code shall be construed to apply to females as well as to males. Section 8. -A new Section 16-134 is adopted to read as follows: Section 16-136. Severebility. If any part, section, subsection or other portion of this Code or any applicetion thereof to any person or circumstances is such part, section, subsection or other portion, or the proscribed application thereof, shall be severable end the remaining provisions of this Code and all applications thereof not having been declared void, unconstitutionsl or invalid shall remain in full force and effect. The Board declares that no invalid or proscribed provision or application was an inducement to the enactment of this Code and that it would hav~ enacted t~is Code regardless of the invalid or proscribed provision ol application. Section 9._:.. I new Section 14-135 is adopted to read as - follows: Section 14-135. Definitions. For the purpose of this Chapter, the following words and phrases shall have the meaning herein set forth, unless from the/ context that a different meaning is inten'd~d. 1. "Adult Arcade" means an establishment wheremfor any form of consideration, one or more motion picture projectors, slide projectors, videotape or playback and viewing devices, or similar machines, for viewinE by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. For the purposes of this Code, adult arcade is included within the definition of adult motion picture theater. 2. "Adult Bookstore" means a place that sells or offers for sale or rents for any form of consideration, adult materials,~r p~rcc~nt (20:) u£c4~ Ezoss sales oi ~ne ~ .... that comprise~ more than twenty-five percent (25Z) of the individual items it displays on the premises as its stock in trade in any one or more of the following categories: (s) New Publications, (b) Used Publications, (c) New Merchandise, (d) Used Merchandise, (e) Photo§raphs, Films, Motion Pictures, Video Cassettes or slides. "Adult Materis s means any one or more of the following: (a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slide or other visual representations or recordings, novelties and devices, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or (b) Instruments. devices, or paraphernalia which are designed for use iz connection with'.~specified ~ sexual activities. An Adul~ Bookstore includes a place ~ith only a portion or section of its area set aside for the display or sals to adults of materials listed in Sa~ections (a) and (b) above, except that ~ny place, otherwise included within this definition, that can prove that it derives not more than twenty percent (20%) of its gross income from the sale of materials listed in Subsections (a) and (b) above shall be exempt from the provisions of this Code so long as such material is kept out of the reach of customers asd is accessed only by employees. 3. "Adult Dancing Establishment" means a commercial establishment that permits, suffers or allows dancers to display or expose specified anatomical areas. Any establishment on whose premises any employee displays or exposes specified anatomical areas shall be deemed an Adult Dancing Establishment and shall be required to obtain a license under this Code. ~. "Adult Entertainment Establishment" means an adult motion picture theater, a massage establishment, an adult bookstore, or an adult dancing establishment. 5. "Adult Motel" means any hotel or motel, boarding house, rooming house or other lodging which includes the word "adult" in any name it uses) or otherwise advertises the presentation of film, video or any other visual material or methods which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexoal activities for observation by patrons thereof. For the purposes of this Code, an Adult Motel is included within an adult motion picture theater. 6. "Adult Motion Picture Booth means an enclosed area designed or used fdr the viewing by one or two persons of motion pictures, films, video cassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrsting or rel/ating to specified sexual activities or specified anatomical areas. For the purpose of this Code an Adult Motion Picture Booth is included within the ) definition of an adult motion picture 'theater. 7. "Adult Motion Picture Theater" means an--~nclosed building, or a portion or part of an enclosed building, or sd open-air t~cer designed to permit viewing by .patron~ seated in automobiles or other seating provisions, for any form of consideration, film, video or say other visual material or methods which has as its primary or dominant theme matter~ depicting, illustrating or relating to specified sexual activities for observation by patrons thereof, and lnclud~ ~.ny ~ .... ~ - , -.C~C, rfl~mfng kouoc Jr other lodsi.~ oT~- ~u~l, £ii,. i.aL~zial. For the purposes of this Code an Adult Motion Picture Theater includes both an adult arcade, an adult motel, and an adult motion picture booth. 8. "Alcoholic BeveraKe" means all beverages containing more than one percent (1%) of alcohol by weight, including beer and wine, 9. "Board" means the Board of County Commissioners of Brevard County, Florida. 10. "Commercial" means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For purposes of this Code, operation for pecuniary gain shall not depend on actual profit or loss. 11. "Commercial Establishment" means any business location, place or business conducting or allowing to be conducted on its premises any commercial activity. 12. "Employee" means a person who works or performs in a commercial establishment, irrespective of whether said person is paid s salary or wage by the owner or manager of the premises. 13. "Establishment" means a physical plant or location o~ the commercial activities or operations being conducted, or both together, as the context of this Code may requ~ir~.c~~ 14. ."Inspector" means s~.~p~ee of theaDepartment of Consumer Health Services, the%~-"-- IBuildi~g ' Department, the Brevard County SherCff's Dep~t, the, Planning and Zoning Department, or officers ~f the Emergency S~rvices ~ who shall inspect premises licensed under this Code and to take or require the actions authorized by this Code iu case of violations being found on licensed premises, and also to 4q -inspect premis~..seeking to be licensed under this Code ~..d to require corrections of unsatisfactory con~ions found on said premises, 15. "Licensed Premises" means not only rooms and areas where adult materials regulated under this Code, or adult activities regulated by this Code, are sold, offered, presented or stored or where any form of adult entertainment'is presented, but also all other areas within 500 feet of the room or area where adult materials or adult activities are regulated and over which the licensee has some dominion and control and to which customers or patrons may pass, and ~hall include all of the floor or land areas embraced within the plan appearing on or attached to the application for the license involved and designated as such on said plan. 16. "HassaRe or HassaRe Service" means any method of treating the external parts of the body, consisting of touching, rubbing, stroking, kneading, tapping, or vibrating; such treatments being performed by the hand or with any other body part, or by any mechanical or electricsl instrument. 17. "Massage Establishment" means a site or premises, or portion thereof, upon which any person performs any of the treatments, techniques or method of treatment referred to in subsection 16 hereof, are administered, practiced, used, given or applied but shall not include the following: licensed health care facilities; licensed physicians or nurses engaged in the practice of their professions; educations1 or professional athletic facilities, if the massage is a normal and usual practice in such facilities; or establishments exempted under Chapter 480.03~, Florida Statutes (1983). 18. "Massage Patro~" means any person who receives, or pays to receive, a massage or massage service from a ma'sssge techniciau for value. 19. "Massage Technician" means any person who en~ages in the business of performing massage or massage treatments, techniques or methods of treatment referred to in subsection of this-section. joint ventures, partnerships, estates, trusts, business ~rusts, syndicates, fiduciaries, corporations, and all other groups or combinations. 21 " · Personal Advertising, means any communication on the part of any employee of an adult entertainment establishment that is designed to encourage a prospective patron to enter said establishment and is performed by repeatedly speaking in a raised tone of voice, by making prominent physical gestures, such as waving or repeatedly pointing, or by holding signs or other written statements. Personal Advertising shslI not include oral or physical references to an adult entertainment establishment by patrons or spectators. 22. "Premises" means a physical plant or location, which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof or with a single shared entrance, if not covered by a single .roof, and shall include any structure, structures or land, or contiguous structures or land, within 500 feet of the physical plant or locstios where such structures or land and the physical plant or location are under common ownership, control or possession. 23. "Principal Stockholder" means any individual, partnership or corporation that owns or controls, legally or beneficially, ten percent (10%) _or more of a corporation's capital stock, and includes the officers, directors and Principal Stockholders of a corporation that is a Principal Stockholder under this Code; provided, that if no stockholder of a corporation owns or controls, legally or beneficially, at least ten percent (10%) of the capital stock, all stockholders shall be considered Principal Stockholders~ and further provided, that if a corporation is registered with the Securities and Exchange C~mmission or pursuant to Chapter ~17, Florida Statutes (1981), and its stock is for sale to the general public, it shal~ not be considered to have any principal stockholders. 24. "Religious Institution" means a building which is used primarily for religious worship and related religious activities. ~ 25. "School" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by Chapter 233, Florida Statutes (1981), or which is maintained pursuant to standards set by the State Board of Education. This definition imcludes s nursery school, kindergarten, elementary school, junior high school, middle school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. 26. "Specified Anatomical Areas" means: (a) less than completely and opaquely covered: (i) human genitals or pubic region; (ii) the cleavage of the human buttocks; (iii) that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top ~'of t~e-~reot~ (the colored ring- around the nipple). This .definition shall inclade the entire lower portion of the breast, but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed. (b) human male genitals in s discernibly turgid state, even if completely and opaquely covered. 27. "Specified Criminal Act" meang a violation of this Code; an offense under Chapter 800, Florida Statutes (1981); an offense under Section 806.01, 806.10, 806.111 or 806.13(2)[c), Florida Statutes (1981); an offense under Chapter 796, Florida Statutes (1981); an offense under Section 847.013 or 847.014, Florida Statutes (1981); an offense under Section ff93.13, Florida Statutes (1981) or an offense under Section 8~9.09(2), 8~9.10 o~ 849.25(3), Florida Statutes (1981). 28. "Specified Sex~sl Activities" means: ~ <a) human genitals in a state ~ . sexual stimulation, arousal or tumescence; (b) acts of human nnalingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatiou, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilin, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; (c) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; (d) excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above. 29. "Straddle Dance" also knows as a "lap dance", or "face dance" means the use by an employee, whether clothed or not, of any part of his body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron, while on the premises, or the placing of the genital or pubic area of an employee in contact with the face of a patron, while on the premises. 30. "Violation of this_ Code" means an act prohibited by any provision of this Code. Each violations occurring shall be considered a separate and distinct violation, from any other occurring on the same day or in the same establishment or by the ARTICLE VIII'B.. LICENSING PROVISIONS Section 10. A new Section 14-136 is adppted to read as follows:~ Section 14-136. Responsibility. Ultimate responsibility for the administration of this Code is vested in the Board of County Commissioners. The Sheriff of Brevard County is responsible for verifying information contained on an ap~li~ The Building a~d durr~%~=uc~v-t~u Department is responsible for the inspection of licensed premises and premises applying for a license in order to pass upon the construction and physical configuration of the premises involved. The Emergency Services [~u~r-~me~F~is responsible for the inspection of licensed premises and premises applying for a license to ascertain compliance with all fire prevention codes, statutes or ordinances in effect in Brevard County, Florida. The~Consumer Health Services Department is responsible, for the inspection of licensed premises and premises applying for a license.to a~cer~ain qo~pliance with State of Florida and Brevard County ~ealth~. Th~ Planning and Zoning Department is responsible for ascertaining qo~pliance with all locational requirements of this Code~ al~ zoning regulation~ and all ctkcr ar=- ........... ~ and shall be responsible for the issuance of all licenses~~~b~, Section 11. A new section 14-137 is adopted to read as follows: Section 14-137. Power of Administrative Agencies. When a provision of this Code gives the Sheriff, the Consumer Health Services Department, the~Building ~ ' . ' Department, th~Planning and Zoning Department or thedEnvironmental to act, the authority or ~ Services Dapar~um_n~ the authority or duty ~- duty vests in the Sheriff, the Director of Consumer Health Service~ the Director of ~he Building · - ~ :: '~~ Department, the ~ Director of the Planning.and Zoning Department or in the Chief of the Emergency Services ~zL,,,=~t or in any inspector or employee who is given the authority or duty to act in accordance with the administrative procedures of the agency_or office concerned. Section 12. A new section 14-138 is adopted to read as follows: Section 14-138. License required. (1) Requirement. No adult.bookstore, massage establish- ment, adult motion picture theatre or adult dancing establishment shall be permitted to dO business in Brevard County, Florida, hay first obtaine~ require under this Code followin~hall with the provisions of ~ction~14-1~5(1)(a) and (c) Of this Code: (a) Any .adult bookstore or adult ~n picture theatre which was open to the public on October 26, 1983, and: (i) is located at the same location ~ the effective date of this Codes as on October 26, 1983; and (ii} is owned by the same person on the effective date of this Code as on October 26, 1983. (b) Any massage establishment or adult dancing estab- lishment open to the public on the. effective date of this ordinance. (~ Any business, which is exempt from the provisions of 14- 155(1)(a) and (c) as set forth above, shall continue to be exempted from those requirements unless: (a] such business changes the location of its primary place of business; (b) ownership of such business is transferred or sold to another or tza~-~-{-~ a change in the principal stock-holder of the business as defined herein occurs; f~ ~ (c) an expansion to the premisesAs~-l~ any remodeling, constr~ction, addition to or substantial repair of the premises which (i) increases the available space for the operation of the business, or / ~ (ii) for which the obtaining of a building permit is required under the law. (d) the name of the business operating from said location is change~; or (e) said business ceases to be open to the public for a continuous period of two (2) weeks. maassage establishment, adult All adult bookstores, motion picture theatres or adult dancing establishments shall be licensed and comply with~all requirements of Article VIII C, Article VIII D, Article VIII E, Article VIII F, and Article VIII G as applicable and unless exempted by Section 14-I38[1) within nine (9) mouths from the effective date of this Code. (9 Classification. Licenses referred to in this Code shall be classified as follows: (a) adult bookstore~ ~ (b) adult motio~ picture theatre,w~.~: ...... ~..~ include ~,,lt ~ca~. ~'~!t mct~l~. ~!~ccz or b~i~dings-~aving~lt mot~n Section 13. A'new Section 14-139 is adopted_to read as follows: Section 14-139. Disqualification. ~pice of ises.. No license shall be issued by the Building an~ Co~nl~ Department, the Planning and Zoning Department, the Consumer Health Services Department or the Emergency Services D~t, determines that the propoSed license pr~mises does not meet each and every one of the general and special requirements for the type of license applied for as established in Articles VIII,C, Article VIII D, Article VIII E, Article VIII F, and Article VIII G of this Code, or if the proposed licensed premises fails to satisfy all applicable building, zoning, health and fire local,%-r~r.'~A~g6.~A- aR-- license be issued on fals ~nformation given in · the applic n for license. (2) Issuance of license where prior license has been revoked or suspended. No license shall be issued to: (a) any individual, partnership or corporation whose license under this Code is. suspended or revoked; (b) any partnership, a partner of which has a license presently suspended or revoked under this Code; (c) any corporation,~n officer, director or principal stockholder ~presently has its license under this Code suspended or revoked; or (d) any individual who is;or was at the time of suspensionja partner in a partnership or an officer, director or principal stockholder of a corporation, whose license under this Code is presently suspended. (3) ~rohibited by law or court order. No license shall be issued when its issuance would violate a statute, ordinance, law or when an order from a court of law prohibits the applicant from obtaining an adult entertainment or occupational license in Brevard County, Florida. Section 14. A new Section 14-140 is adopted to read as follows: Section 14-140. License Application; Application Fee. (1) Required information and documents. Any individual, partnership or corporation desiring to engage in the business of operating an adult bookstore, massage establishment, adult motion picture theater or adult dancing establishment, shall file with the~ Zoning Depa~ent a sworn application on forms supplied Planning and b~ th~rplanning and Zoning Department. The application shall containl~ the following information;and shall be accompanied by the following documents: (a) if the applicant is: (i) an ~ndividual~his legal name and all aliases used by him~ or license, all windows, doors, entrances and ekits and the fixed structural features of the proposed licensed premises. The term "fixed structural features" shall include walls, stages, immovable partitions, projection booths, admission booths, concession booths or stands, immovable counters and similar structures that are intended to be permanent. (2) Application fee. Each application shall be accompanied by a nonrefundable fee of Two Hundred Dollars ($200.00) payable at the time the application is filed. In the event a license is approved, said fee shall be applied to the licgnse fee required for the first year pursuant to Section 14-150 of Code. Is the event an applicant applied for more than one license for the same premises and submits said applications at the same time, ~ -h~ll ~,,~t ~!d ~ ~4~-- tko a~__cn ...... ~at ~,.= ~i~-, he shall submit a single nonrefundable fee of Two Hundred Twenty-Five Dollars ($225.00). Section 15. A new Section 14-141, is adopted to read as follows: Section 14-141. ~nvestigation. Upon receipt of an application properly filed with the~Planning and Zoning Department and upon payment of the application fee, the Sheriff of Brevard County shall verify the information required by Section 14-140[1)(a) - (c) of this Code. The~Consumer Health Services Department, the ~ ~ Building an~ Ccnstructlon Department, the Planning and Zoning Department and the Emergency Services De~al'~,=~,t shall investigate the proposed licensed premises for compliance with this Code)and ~ other applicable laws and regulations relating to construction, safety}fire protection, zoning and public health. At the conclusion of its investigation, each administrative agency shall rcco.,.,,a,,d-on the application the results and findings thereof, recommending either approval or disapproval of the application. Section 16. A new section 14-146 is adopted to read as follows: (1) Approval and Issuance. Upon the completion of~the investigation of an application by the Sheriff of Brevard CountN, the lding and C6~-,oL~hlu~ Department, the Planning and Zoning Department, Consumer Bealth Services Department, and the Emergency Services Be~m~nt; th~ Planning and Zoning Department shall approve or disapprove the application. If approved, the Planning and Zoning Department shall issue the license upon the payment of appropriate license fee provided in Sections 14-145 and 14-150. (2) Disapproval and denial. If the Sheriff, the Consumer Health Services Depar~ent, the Building a~-Consurucuion Department, the Planning and Zoning ~partment or the Emergency Services D~u~t.,=~u reco~ends disapproval, it shall indicate the reason therefor upon the application, or in a separate writing, and the Planning and Zoning Department shall deny the application. If the application is disapproved, the Planning and Zoning Department shall notify the applicant of the disapproval and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address. (3) Notwithstanding any other provision in this Code, the Planning and Zoning Department shall deny any application for a license in which the applicant has supplied false or untrue information. (4) The~planning and~ng Depar~ent shal~ or disa~ove all applications wi~ ~rty-five (45) day~ ~om t~e date a co~ted application has bt ~b~tted. Upon the/~piraticn of forty-~i~e ('5) days the ap~yi.nt ~a~l be pe.itte~ ~ i~ate operati~he Adult Enterta~ent ~t.~is.ent andl~ ii.ns, shall be is.~ ~d forwarded to, he ap~i.nt~unless th~ ~anning a~d Z°n:?g ~c~r :ot:fies ~ ~nt ~X' prel::i:~ den:al ~f ,he appli~ti~- ~Prelimi"~ ~ni~ sh~l tcify t: : reasons f~ which ~all ~ co~ed ~e correct ~ess.~ (5) Revocation. Should a Iicense ~ issued a~a'result of false information, misrepresentation Of fact, or mistake of~fact, it shall be revoked. If the application is revoked, the~Planning and Zoning Department shall notify the licensee of the revocation and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address. (6) Appeal. Within fifteen (15) days after the mailing of either a notice of denial or preliminary denial of an application for a license or a notification of the revocation of a license, the applicant or licensee may take an appeal to the Board of County Commissioners as provided in Section 14-149. If the Board finds that the application should be approved, it shall so order; and upon payment of the appropriate license fee provided in Sections 14-145 and 14-150, the Planning and Zoning Department shall issne the license. If the Board finds the license should not have been revoked, it shall notify the Planning and Zoning Department who shall reissue the license. Section 17. A new Section 14-143 is adopted to read as follows: Section 14-143. Limitation on Licenses and Licensed Premises. There shall be no lim/tation on the number of licenses issned, but licensed premises shall observe the locational restrictions contained in Section 14-155 of the Brevard County Adult Entertainment Co~ and in Appendix C - Zoning, Code of Brevard County. A licensed premises may be owned by the licensee or may be leased by the licensee from a person not a licensee under this Code; provided, that a licensee who is a tenant or lessee may not surrender his tenancy or lease to the owner or lessor if by so doing th~ said owner or lessor will take possession, control and operation of the licensed premises and the business licensed under this Code, unless the license is trahsferred as provided in Section 14-146 and further provided, that a licensee who is the owner of the licensed premises may not lease or otherwise give up possession, control and operation of the licensed premises and the business licensed under this Code to any other individual, partnership or corporation, unless the license is transferred.as provided in Section 14-146. Section 18. A new Section 14-144 is adopted to read as follows: Section 14-144. Displa~ of License; Mutilation Prohibited, All licensees licensed under this Code shall display their licenses in conspicuous places on their licensed premises, in a clear, transparent cover or frame. The license shall be available for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed. Section 19. A new Section 14-145 is adopted to read as follows: Section 14-145. Term of License; Renewals. (1) Term. Ail licenses issued-under this Code, except new licenses, shall be annual licenses which shall be paid for on or before October first and shall expire on September thirtieth of the following year. A licensee beginning business after October first and before April first may obtain a new license upon application therefor and the payment of the appropriate license fee and such license shall expire on the following September thirtieth. A licensee beginning business after March thirty-first and before October first may obtain a new license upon application therefor and the payment of one-half of the appropriate license fee herein required for the annual license and such license shall expire on September thirtieth of the same year. The provisions of this Subsection shall not affect the provisions of Section 14-146. (2) Renewals. A licensee under this Code shall be entitled to a renewal of his annual license from year to year as a matter of course, on or before October first by presenting the license for the previous year or satisfactory evidence of its loss or destruction to. the Planning and Z~ning Department and by paying the appropriate license fee. A license that is not renewed by October first of each year shall be considered delinquent, and, in addition to the regular license fee, subject to delinquency penalt~ of ten percent of the license fee for the month of October and an ~dditional penalty of five percent of the license fee for each additional month, or fraction thereof, of delinquency until paid; provided that the total delinquency penalty shall not exceed twenty-five percent of the license fee. All licenses not renewed within one hundred twenty days of September thirtieth will be revoked by the Planning and Zoning Department, unless such license is involved in litigation. Section 20. A new Section 14-146 is adopted to read as follows: Section 14-146. Transfer of License. When a licensee shall have made a bona fide sale of the business which he is licensed under this Code to conduct, he may obtain a transfer of the license issued under this Code to the purchaser of said business, but only if, before the transfer, the application of the purchaser shall be approved by the Planning and Zoning Department in accordance with the same procedure provided in Sections 14-140, 14-141, and 14-142 in the case of issuance of new licenses. Before the issuance of any transfer of license, the transferee shall pay a transfer fee of ten percent of the appropriate annual license fee. Licenses issued under this Code shall not be transferable in any other way than provided in this Section. Section 21. A new Section 14-147 is adopted to read as follows: Section 14-147. Licensee Moving to New Location; Changing Name of Business. (1) New Location. A licensee may move his licensed premises to a new location and operate at the new location upon approval by the Sheriff of Brevard County, the Consumer Health Services Department, the Building and Construction Department, the Planning and Zoning Department and the Emergency-Services'Department of the licensee's application for a change of location. The licensee shall submit to the Planning and Zoning Department an ~pplication for a change of location, accompanied by a~.application fee of two hundred dollars at the time the application is filed. The application will contain, or have attached to it/"a plan dra~'to appropriate scale of the licensed premises at the new location% indicating the area to be included in the new licensed premises, all windows, doors, entrances and exits and the fixed structural features of the new licensed premises. The term "fixed structura1 features" shall have the same meaning as in Section 14-140(1)(i). If more than one license has been issued to the licensed premises at'the old location, the licensee shall state in his application for a change of location which of said licenses are being mo~ed to the proposed new location. Upon approval of the application, there shall be issued to the licensee a license for the new location without the payment of any further fee other than the application fee for a change of location. (2) Change of name. No licensee may change the name of the business located at his licensed premises without first giving the Planning and Zoning Department thirty days' notice in writing of such change and without first making payment to the Planning and Zoning Department of a $3.00 change-of-name fee. Section 22. A new Section 14-148 is adopted to read as follows: Section 14-148. ~uspension of License. (1) Violations of health, building, zoning or fire provisions. In the event a licensed premises is found in violation of a health, building, zoning or fire provision of this Code, or of any other Federal, State or local provision, the appropriate agency shall notify the licensee of said violation according to the standard procedures of the agency and shall follow its normal-agency procedure for correcting said violation(s) and shall grant the licensee the right to exhaust applicable administrative remedies. Should the license fail either to correct the violation or to obtain an administrative reversal of the agency finding, the appropriate agency shall notify the Planning and Zoning Department, who shall forthwith initiate procedures for suspension of license. (2) Other violations. Ina. the event a jury or other trier of fact in a court of law finds that a licensee has violated Section 14-161 of this Code, whether or not an adjucat~n of guilt h~s been entered, the Planning and Zoning Department shall forthwith initiate procedures for suspension of license. (3) Fine or Suspensiom of license. ~'a) Procedure. Upon receiving notice that a licensee has violated a provision of this Code, as provided in subsection (1) and (2) above, the Planning and Zoning Department shall suspend all licenses issued for the premises where said violation occurred, unless otherwise provided below, and shall notify the licensee(s) of his action. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address. (b) Periods of suspension. A single violation by a licensee or his employees, of this Code shall result in suspen'sion of the Adult Entertainment License for fort,-five (45) days. Upon a second violation of this Code, but not including any time during which the license was suspended for one hundred eighty (180) days. Upon a third violation of this Code within a period of two years from the first of three violations, but not including any time during which the license was suspended, ~he license shall be suspended for one year. All periods of suspension shall begin on the fifteenth day from the date the Planning and Zoning Department mails a notice of suspension to the licensee or on the date the licensee delivers his license to the Planning and Zoning Department, whichever comes first. (c) Ail periods of suspension shall begin on the fifteenth day from the date the Planning and Zoning Department mails a notice of suspension to the licensee or on the date the licensee delivers his license to the Planning and Zoning Department, whichever comes first. (d) Surrender of license recruited. If a licensee, after having been mailed notice of the saspension of his license in the manner herein provided, fails to surrender his license to the Planning and Zoning Department within fifteen (15) days or fails otherwise to account for the license to the satisfaction of the~ has elapsed after th~ date or surrenaer oi nne .date of eX~'ation .- the license, whichever comes f~t, which is identical ~, length with the original period of suspehsion. (e) When a license is suspended for a violation of a health, building, zoning or fire provision of this Code, or any other federal, state or local provision as described in subsection (a) above, the license shall not be reissued until said violation is corrected. Section 23. A new Section 14-149 is adopted to read as follows: Section 14-149. Appeals. (1) General Appeals. Appeals alleging error in the denial, suspension or revocation of a license or permit under this Code shall be by petition for a formal hearing before the Board of County Commissioners of Brevard County, Florida. (2) A notice of intent to appeal shall be filed with the Clerk of the Board of County Commissioners within fifteen (15) days of the mailing of a notice of denial, suspension or revocation of a license or permit. Thereafter, and upon payment of a fee of $50.00 to cover administrative costs, a hearing will be scheduled within forty-five (45) days. The Clerk of the Board of County Commissioners shall give the petitioning party at least ten (10) days' written notice of the time and place for the hearing. Section 24. A new Section 14-150 is adopted to read as follows: Section 14-150. License fee. (1) Levy of fees. There are hereby levied the following annual license fees under this Code: (a) adult bookstore - two hundred dollars; (b) massage establishment - two hundred fifty dollars; Section 25. A new Section 14-151 is adopted to read as follows: Section 14-151. Records and Reports; Consent by Licensee. Each licensee shall keep such records and make such reports as may be required by the Sheriff, the Consumer Health Services Department, the Building and Construction Department, the Planning and Zoning Department and the Emergency Services Department to implement this Code and carry out is purpose. By applying for a license under this Code, an individual, partnership or corporation shall be deemed to have consented to the provisions of this Code and to the exercise by the Planning and Zoning Department and other interested agencies of the powers given by Section 14-137 in the manner therein specified. ? ART VIIIC -,REQUIREMENTS FOR ALL ADULT £ERTAINHENT ESTABLISHMENTS. Section 26. & new Section 14-152 is adopted to read as follows: Section 14-152. General Requirements. In addition to the special requirements containe4 in Article VIIID, VIIIE, VIIIF, end VIIIG, each licensed premises shall: (a) conform to all applicable building statutes, codes or ordinances, whether federal, state or local, (b) conform to all applicable fire statutes, codes or ordinances, whether federal, state or local. (c) conform to all applicable health statutes, codes or ordinances, whether federal, state or local. (d) have each and every glass area that faces a public thoroughfare or through which casual passersby can see the materials or activity inside the licensed premises covered over by black paint or other opaque covering; provided, that this requirement shall not apply if the uncovered glass area exposes to public view only a lobby or anteroom containing no material or activities of an adult nature. Such lobby or anteroom may contain a reception counter or desk and chairs or couches for customers to use while waiting. (e) conform to the requirements of Chapter 381, Florida Statutes (1981), and the rules and regulations of the Florida Department of Health and Rehabilitative Services made pursuant thereto. Each licensed premises shall be deemed to be a "place serving the public" for the purpose of sanitary facilities; provided, that when more than one license is issued for a single location, they shall collectively be considered as one licensed premises if customers may circulate freely throughout the entire area .of the licensed premises~ (f) Sanitary facilitils requirements - (i) Water supply - The ws~}r supply n~lst be adequate, of safe, sanitary quality and from an approved source in accordance with provisions of Chapter 17-22 of the Florida Administrative Code. · (ii~ Plumbing - Plumbing shall b~. ~ized, installed and maintained in accordance with provisions of Chapter lOD-9 of the Florida Administrative Code and the Brevard County Plumbing Code. (iii} Restrooms - All licensed establ'ishments shall be provided with adequate and conveniently located toilet facilities for its employees mud patrons in accordance with provisions of Chapter lOD-9 and iOD-10 of the Florida Administrative Code. Fixtures shall be of readily cleanable sanitary design. Toilet facilities shall be kept clean, in good repair and free from objectionable odors. Toilet rooms shall be well lighted and adequately ventilated. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials and such receptables in toilet rooms for wome~ shall be covered. Toilet rooms shall be completely enclosed and shall have tight fitting, self-closing doors. Such doors shall not be left open except during cleaning or maintenance. Toilet rooms shall not open directly into food service or preparation areas (beverage is considered a "food"). Handwashing signs shall be posted in each toilet room used by employees. Section 26. A new Section 14-153 is adopted to read as 'f'ollows: Section 14-153. Advertising. No Adult Bookstore, Massage Establishment, Adult Motion Picture Theater, or Adult Dancing Establishment shall: 1. display e sign advertising the presentation of any activity prohibited by a Florida Statute, an ordinance of Brevard County, Florida, or any applicable municipal ordinance,°'x 2. erect, install, maintain, alter or operate any sign in violation of the' Code of Brevard County~ ~ 3. engage in, encourage, or permit, any form of personal advertising for the commercial benefit of the establishment or for the commercial benefit of any individual who -displays or exhibits specified anatomical areas within the establishment~ ~ -.. ~. display signs on the exterior of -the s[~cture wherein ~ business is conducted or on the proper~, which the structure is located which utilizes the depiction of the nude -human figure, whether male or female or any words that refer to specified anatomical areas or specified sexual activities. Section 28. ~ A new Section 14-154 is adop.ted and to read as follows: Section 14-154. Entrance to_ Adult Entertainment Establishment. 1. The entrance to any adult entertainment establishment shall be designed in such a manner that no person outside the building o~ property can see the materials or depictions of specified anatomical areas or specified sexual activities offered to patrons within the adult establishment. 2. Immediately inside the entrance of say adult entertainment establishment there shall be posted a well-lighted sign which shall read as follows: -NOTICE- THIS ESTABLISHMENT OFFERS MATERIAL OR ENTERTAINMENT HAVING SEXUAL CONTENT. SUCH MATERIALS OR ENTERTAINMENT ARE FOR ADULTS ONLY. IF THIS OR NUDITY WOULD OFFEND YOU, DO NOT ENTER. Such sign shall be clear and legible and the text thereof shall be set forth in letters of uniform size having a height of not less than one (1) inch high nor more than two (2) inches. ~ection 29. A new Section adopted to as 14-155 is road follows: Section 14-155, Location Requirements. 1. Notwithstanding any other provisions of this Code or any provision of Appendix C-Zoning, Code of Brevard County, Florida, no person shall cause or permit the establishment or operation of any Adult Entertain~ent Establishment} as herein defined, within': (a) 1/4 mile (1320a'feet) from any other adult entertainment establishment; 61 ~ (b) 1000 feet of any pre-existing religious institution, school, day care center,:_or playground; ~ (C) 500 feet of an area Zoned for residential use within Brevard~u~nty, Florida. ~ 2. Distance from a proposed adult entertainment establishment to an existing adult entertainment establishment, a church, a playgronnd or a school shall be measured by following the shortest route of ordinary pedestrian travel along a public thoroughfare from the main entrance of the proposed adult entertainment establishment to the main entrance of the existing adult entertainment establishment, the main door of the church, or, in the case of a school or playground to the nemrest point on the school gronnds in use ss a part of the school facilities or in the case of a playground to the nearest part of the boandary of the playground. The distance from a proposed adult entertainment establishment to an area zoned for residential use shall be measured by following the shortest route of ordinary pedestrian travel along a thoroughfare from the main entrance of the proposed adult entertainment establishment to the nearest property line of any property zoned for residential use. 3. An adult entertainment establishment shall be allowed only in the following land use classifications: (a) general retail land use classification (BU-1); (b) a retail warehousing and wholesale business land use classification (BU- R); (c) industrial land use classification (IU); (d) heavy industrial land use classification (IH-l); and (e) planned industrial park land use classification (PIP). Section SO. A new Section 14-156 is adopted to read as follows: Section 14-156. Operation of Unlicensed Premises Unlawful. It shall be unlawful for any person to operate an adul~ bookstore, adult motion picture theater, massage establishment or adult dancing establishment unless such business shall' have a currently valid license therefor under ~is Code, which license shall not be under suspension either permanently or~conditional~ly 'revoked. Section 31. A new Section 14-157"i-s adopted to read as ~_.~. _ ' 14-157. License Required 0'~~ Commercial Establishments Advertising Adult Entertainment. Any commercial establishment that displays within one hundred (100) feet of its premises s sign or other form of advertisement indicating that said establishment engages in an activity required by this Code to be licensed shall obtain an adult entertainment license for said activity. Section 32. A new Section 14-158 is adopted to read as follows: Section 14-158. Proscriptions Where Alcoholic Beverages Are Sold~ Dispensed or Permitted. No specified anatomical areas shall be displayed or exposed on a licensed premises where alcoholic beverages are sold, dispensed or permitted, except in connection with excretory functions. Section 33. A new Section 14-159 is adopted to read as follows: Section 14-159. Admission of Minors Unlawful. It shall be unlawful for a licensee to admit or to permit the admission of minors within a licensed premisep. This Adult Entertainment Code shall not apply to conduct the regulation of which has been preempted to the State under Chapter 847, Florida Statutes (1981).'- Section 34. A new Section 14-160 is adopted to read as follows: Section 14-160. Sale to Minors Unlawful. It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any minor, any service, material, or device on the premises of any adult bookstore, adult metion picture theater, massage establishment or adult dancing establishment. }ection 35. I new Section 1~-161 is adopted to read as follows: / ~ Section 14-161. Permitting Violations of Code or Illegal Acts Prohibited. '-- No licensee, owner or employee shall permit, suffer or allow violati~ of this Code or illegal 8cts to take p~--ce on the licensed premises, if the licensee .or employee knows or hss reason to know thst such violations or illegal acts sre taking plsCe. Section 36. A new Section 14-162 is adopted to read as follows: Premises. Section 14-162. Permits for Employees in Licensed 1. Adult entertainment permit required. Unless specifically excluded below, it shall be unlawful for any person to obtain employment in an establishment licensed under the Adult Entertainment Code, for any form of consideration, or to exhibit or display specified anatomical areas in an adult bookstore, massage establishment, adult motion picture theater or adult dancing establishing unless and until such person shall have first obtained an Adult Entertainment Permit or temporary permit from the Sheriff of Brevard County, Florida. This Section shall not apply to employees engaged exclusively in performing janitorial or maintenance services. 2. Qualifications. Employees of a licensee on a licensed premises shall not be less than eighteen (18) years Of 'age, or twenty-one (21} years of age if alcoholic beverages are sold, distributed or permitted at the licensed-premises. 3. Application for and issuance of adult entertainment permit. (a) Permission is hereby granted for an employee working st an adult entertainment establishment on De'ember 1, 1985, to continue working until an application for a permit under this Code is filed with the Sheriff of Brevard County, not later than forty-five (45) days for adult bookskores, massage establishments, adult motion picture theaters, and seventy-five (75) days after Said date for adult dancing establishments, and for s period thereafter not to exceed one (1) week. (b) 111 present and prospective employees of mn adult entertainment establishment shall ~le an application for an Adult Entertainment Permit with the Sheriff of Brevard-C~unty. o, (c) All applications shall be accom~,~ied by a non-refundable payment of s $50.00 fee. (d) It shall be the duty of the Sheriff of Brevard County to issue the spplicant s written permit which shall -be signed by the Sheriff of Brevard County or his designee, and shull besr the name, address, sex, sge, signature, und photograph of the upplicant. The Sheriff of Brevard County shall procure the fingerprints and s photograph of the applicant and the name(s) of all entertainment establishments where the applicant is to work or perform and shall keep the same on permanent file in its office. The fingerprints, names of establishment(s) and photograph of the applicant shall be furnished by the applicant at the time of filing his application. The Sheriff of Brevard County may request an applicant to provide such ~O~itipga~ information as is necessary to effect the purposes of this Code. Upon delivery of the permit to the applicant, the applicunt may begin working on the licensed premises as a permanent employee. There shall be submitted with each application for a permit proof of the applicant's age. Such proof may be provided by production of the applicant's driver's license, passport, or a certified copy of his birth certificate. If the applicant is unable to furnish any of such documents, u certificate from the public school authorities as to the age of the applicant upon entering school as required by Section 232.03, Florida Statutes (1983), ~or the school authorities of the state where applicant enrolled in school, shall be submitted. Upon inability of applicant to establish a birth date as above provided, then the same may be estRb~hed in the order of preference as provided by S. 232.03~ However, uncertified copies of such documents shall not be accepted~:. Any applicant who does not possess a driver's license, passport, or certified copy of his birth certificate may obtain a temporary permit upon completion of all ~ other requirements of an application and submission of a wr%}ten request to the appropriate authority:'in his state of,birth that certified evidence of his date of birth be provided to the 4q Sheriff of Brev~ County. ~ (e) No permit shall be issued when its issuance would violate a stature, Ordinance, law or when an order from a court of law prohibits the applicant from obtaining an adult entertainment permit in Brevard County, Florida. (f) Any adult entertainment establishment holding a valid adult entertainment license issued pursuant to this Code shall be permitted to provide its employees with current permit application forms approved by the Sheriff of Brevard County and to take the photograph of the applicant in a manner and with equipment approved by said Sheriff of Brevard County on the express condition that the establishment (1) require the employee to complete the application form and be photographed within one working day of the time said employee begins to work ov perform in said establishment; (2) mail a notice in writing to the Sheriff of Brevard County within one working day that said employee has begun to work or perform at said establishment; (3) make the employee avail~ble for fingerprinting at a time and location to be determined by an agent appointed by the Sheriff of Brevard County, at which time and place said employee shall present to the agent the employee's completed application form and photograph; (4) on the first Monday of every month provide the Sheriff of Brevard County with a current listing of all employees and their positions; (5) in exchange for acceptance of the benefits provided by this sub-subsection, waive any and all rights to challenge the permit requirements of this Code; (6) reimburse Brevard County for, reasonable additional expenses incurred pursuant to this sub-subsection. 4. Revocation. Should a permit be issued as a result of false informat.ion, misrepresentations of fact or mistake of fact, it shall be revoked. 5. ~xpiration and Renewal. A permit under this Code shall expire two (2) years from the date of issaad~e. A 'perm~tee under this Code shall be entitled to s. renewal of his permit as~a matter of course, except when said permit has 'been sus~e~nded or revoked, upon presentntion of his previous permit of presentation- of an ~.idavit as to its destruction to the Sher~£ of Breverd County and payment of a $50.00 fee. 6. Possession of permit ~equired. (a) It shall be unlawful for' an employee, as defined in this Code, to work, perform or to exhibit or display specified anatomical areas in an adult entertainment establishment without an Adult Entertainment Permit in his immediate possession at all times. (b) No person charged with violating this section shall be convicted if he produces to the Sheriff of Brevard County within seventy-two (72) hours of detention)or in court) permit theretofore issued. (c) Upon receipt of a properly authenticated notification from the Sheriff of Brevard County verifying issuance of a valid permit, the Clerk of the Court is authorized to dismiss such cases at any time prior to the defendant's appearance in court. 7. Violations. Any person who violates the provisions of this section, or otherwise fails to secure a permit as required by this section, shall be prosecuted and punished accordance w~h general law. ~ ~ (a) Procedure. Upon receiving notice that e jury or other trier of fact in a court of law has found that a permitee violated any provision of this Code, whether or not an adjudication of guilt has been entered, the Sheriff of Brevard County shall suspend the permit and shall notify the permitee of his action. Notification shall be by certified mail and shall be sent to the address on the permit application, which shall be considered the correct address. (b) Periods of Suspension. I Jingle violation of this Code shall result in the suspension of the Adult Entertainment Permit for forty-five (&5) days. Upo~ a second violation of this Code within a period of two years fro~ the date of a prior violation of this C~de, but not inoluding any time during which the permit was suspended, the permit shall be suspended for ~ e hundred eighty (180) days. Upon ~ chird violation of this Code within a period of two years from the first of three violations, but n~±ncluding any time during which the permit was suspended, the permit shall be suspended for one year. All periods of suspension shall begin on the fifteenth day from the date the Sheriff of Brevard County mails a notice of suspension to the permitee]or on the date the permitee delivers his permit to the Sheriff of Brevard County, whichever ~ first. ~ (c) Surrender of ~ermit [equired. If a permitee, after having been mailed notice of the suspension of his permit in the manner herein provided, fails to surrender his permit to the Sheriff of Brevard County within fifteen (15) days, the period of suspension of the permit shall be extende~ ~ and shall not expire)until a period has elapsed after the date of surrender of the permit, or after the date of expiration of the permit, whichever ~ first, hich is identical in length with the original period of suspension.~- 9. ~ If an application for a permit is denied or if a permit is suspended or revoked, the procedures specified in Section 14-149 shall be available to the applicant or permitee, in the manner therein specified. If the applicant or permitee does not appeal the denial, suspension or revocation of a permit, the applicant or permitee shall be deemed to have failed to have exhausted his administrative remedies. 10. Replacement of Lost Permits. Replacements for lost permits shall be obtained by completing an applicatio~as required in Section 14-162(1) above. Ail applications for replacement permits shall be accompanied by a ten dollar~($10.O0) fee. 11. ChsnRe of Address~ Name or Place of Employment. Whenever any person, after applying for or receiving an adult entertainment permit, shall move fromathe residential address named in such application, or in the pe~issue~ to him, ~uch person shall within thirty (30) days~written notice to the Sheriff of such change and shall make a payment to the Sheriff in the amount of $3.00 for change of address fee. In no event shall this elimina~ or modify the[ requirements of Section 1~147(1) as to change of business location. ARTICLE VII1D SPECIAL REQUIREMENTS FOR MASSAGE ESTABLISHMENTS. Section 37. A new Section 14-163 is adopted to read as follows: Section 14-163. Massage Establishments. 1. It shall be unlawful for any person, firm or corporation to operate, own, conduct, carry on, or permit to, he operated, owned, conducted or carried on, any massage establishment of any type or kind, includingibut not limited to~ massage parlor, massage service business, or any massa§e business or service offered in conjunction with~or as part of, any healh club, health spa, resort or health resort, gymnasium, athletic club, or other business, without compliance with the provisions of this Code. 2. In addition to the general requirement~COntained in Article ¥IIIC, a massage establishment shall observe the following special requirements: a. Any massage establishment seeking a license under this Code shall present to th Tax Collector, a state license issued pursuant to Chapter 480, Florida Stmtutes (198~)~ license under this Code shall be issued in the event the applicant fails to present said state license. b. Dressing rooms shall be proportioned to the maximum number of persons or patrons who are expected to be in them at one time, excluding attendants and assistants, and ~roviding a minimum of twelve (12) square feet per person or patrnn. Separate dressing rooms shall be provided for men and wom~n. Floors shall be of a smooth, impervious material with a nonslip surface and shall be covered at the wall Junction for thorough cleaning. Each dressing r~om area shall contain floor drains. Partition walls shall be covered from the floor to thirty (30) inches shove the floor with ceramic tile or other impervious material .... c. One shower shall be provided for each twenty (20) men or women, o ' - ~' based upon the'maximum number of persons who are expected to he using shower facilities. / at one time,~ .d separate shower facilities shall be pR lded for men and women. Floors and partition walls shall be constructed as required in subsection (b) for dressing rooms. Each shower will be constructed or ceramic tile, other impervious material, or single molded material. Each shower shall provide hot and cold running water. d. One locker shall be provided for each patron who is expected to be on the licensed premises at one time, which shall he of sufficient size to hold clothing and other articles of wearing apparel. Each locker shall be capable of being locked by the patron, with no one else having the key so long as the patron is using the locker, or the locker shall be under the constant attention and supervision of the attendant. e. Each room or enclosure where massage or massage services are performed shall be provided with lighting of a minimum of five foot candles as measured four feet above the floor and one light capable of providing fifty foot candles of light in all corners of massage, bath, shower or toilet rooms which light shall be turned on when cleaning these areas. f. The premises shaw have adequate equipment for disinfecting and cleaning undisposable instruments and materials used in administering massages or massage services. Such materials and instruments shall be cleaned after each use. Methods of cleaning and sanitizing shall be approved by the Director of Consumer Health Services consistent with the practices accepted by the National Sanitation Foundation, American Academy of Sanitarians or Center for Disease Control. g. Closed cabinets shall be provided for use of all storage equipment, supplies and clean linens. Ail used and soiled linens and towels shall be kept in water soluble linen begs designed to hold infectious linen and kep~ in covered containers or cabinets, which containers or cabinets and shall be kept separate from the clean storage cabinets. / -- h. Clean linen and towels shall be provided for each massage patron. No common use 'o'f towels or linens shall be permitted. IN ACCOUNT WITH CITY OF BOYNTON BI, ACH 100 E. BOYNTON BEACH BLVD. i P.O. BOX 310 ._~ BOYNTON BEACH, FLORIDA 33425-0310 ~ (407) (~734-8111 INVOICE NO. DELMAR TITLE COMPANY, INC. 7035 BERACASA WAY SUITE 204 BOCA RATON, FL 33433 14712 #391-1336 l / ,i Date Billed ~ AmountDue $5. 00 ~., Return top portion with payment TAX SEARCH LOT ~ll-D, CHALET IV, ~PLAT ~3 SERAFIN E. GARCIA JD NO. $5.00 i. ~ Oils, cremes, .lotions or other prepar~ions used in administering massages or massage services shall be kept in clean containers or cabinets. j. Each room or enclosure where massages or massage services, are performed shall contain a hand-washing sink with hot and cold running water. Each technician shall wash his or her hands in hot running water, using soap or di~infectant before and after administering a massage to each patron. k. Ail walls, ceilings, floors, pools, lavatories, showers, bathtubs, steam rooms, and all other physical fmcilities shall be in good repair and maintained in a claan and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or '' steam or vapor cabinets, shower compartments, and toilet rooms, shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. 1. In the event male and female patrons are served, separate rooms or enclosures for massages or massage services shall be provided. m. No person shall consume food or beverages in massage work areas, nor shall there be any smoking in massage work areas. n. Animals, except guide dogs, shall not be permitted in massage establishments. o. The premises shall be equipped with a service sink for custodial services, which sink shall be located in a janitorial room or custodial room separate fro~ massage service rooms. Such sink is to be properly connected to hot and cold running water and sewer system. p. _Massages of a per'on by another person who displays or exhibits specified anatomical areas are prohibited. q. No person shall massage the genitals or pubic area of another person. -: ~ Section 38. & new Section 14-164 is adopted to read a~ follows: Section 1&-164. Massage Technician. No massage. technician s~ administer e massage to any person: ~ 1. If said massage technician believes, knows or should know that he or she is not free of any contagious or communicable disease or infection; 2. To any person exhibiting any skin fungus, skin infection, skin inflammation, or skin erruption; provided however that a physician duly licensed to practice in the State of Florida may certify that such person may be safely massaged; 3. To any person who ia not free of communicable diseases or infection or whom the massage technician believes or has reason to believe is not free of communicable diseases or infection. Section 39. A new Section 14-165 is adopted to read as fellows: Section 14-165. License Required. No employee of a massage establishment may perform a massage or massage service upon any person unless he or she is duly licensed pursuant to Chapter 480, Florida Statutes, and such license is in good standing and active. Such license, as issued pursuant to Chapter 480, Florida Statutes, must be prominently displayed at the massage establishment. Section 40. A new Section 14-166 is adopted to read as follows: Section 14-166. Home Massage Treatment. Massages may only be administered in the patron's home by a massage technician having a permit issued in accordance with Chapter 480, Florida Statutes, and being employed by a massage establishment having a valid license pursuant to this chapter. The massage establishment must keep, for at least one year, a record of all patrons receiving massages in a.place other than a licensed massage establishment, a record of the places where these massages were administered and s record of the massage technician who administered these massages. No massage technician, shall administer any massage services at a location which does not conform to or comply with the standards set forth herein. Section 41. A new Section 14-167 is adopted to read as follows: ~ Section 14-1~7. Minors. 1. No Massage establishment license holdar shall atlow a massage patron under eighteen (18} years of age to enter said establishment nor shall a massage technician perform any services upon a massage patron under eighteen (18) years of age without the written consent of that massage patron's parents or legal guardian, executed before a notary public of the State of Florida. 2. Each massage establishment l~cense holder shall keep a register or list of all massage patrons under eighteen (18) years of age and keep a copy of the written consent as required in subsection I of this section. Section 42. A new Section 14-168 is adopted to read ns follows: Section 1&-168. Hours of Operation. No massage establishment shall be operated between~ the hours of eleven p.m. and nine a.m. No massage patron shall remaim upon the premises of a massage establishment durinR theme hours. Section 43: A new Section 14-169 is adopted to read as ~.~ & nspections)k-~ u ~s fire department and D~partment of Consumer Health t/l___~t~each ~massage establishment in the County f-~r-~-E-N~ p,,.p~.~ ~ determin~g~.,. ~that the purposes of this Code are Section 44. A new Section 14-170 is adopted to read as follows: Section 1&-170. Specified Sexual Activities. It shall be unlawful for any person to perform or engage in' specified sexual activities in a massage establishment or on the premises thereof. 4o 4R ~RTICLE~ /IIJE REQHI REMENTS FOR ADULT MoTI~ PICTURE THEATRES. Section 45. A new Section 14-171 is adopted to read as follows: Sectidn 14-171..Adult ~otion Picture Theatres. 1. It shall be unlawful for amy person, firm, or corporation to operate, own, conduct, carry on, or permit to be operated, owned, conducted or carrie~ on, any adult motion picture theatre as defined by this Code, without compliance with the provisions of this Code. 2. In addition to the general requirements contained in Article VIIIC, an adult motion picture theatre shall observe the following special requirements: (a) Each adult motion picture booth shall be open or have a rectangular shaped entranceway not less than thirty (30) inches wide nor less than six feet high. (b) Each adult motion picture booth shall have sufficient seats or couches to accommodate the maximum number of persons expected to use the booth. The maximum number of persons who may occupy a booth shall be stated on or near the entranceway, and only that number shall be permitted to be in a booth at one time. (c) Each adult motion picture booth shall be designed so that a patron or customer utilizing same is visible from a continuous main aisle. Under no circumstances shall adult motion picture booths be able to be locked or secured to prevent entry thereto. (d) Ail areas where a patron or customer is to be positioned must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall or other enclosure. (e) In addition to .the sanitary facilities required by Section 14-152~ there' shall be provided within or adjacent to the common corridor, passsgeway._or area i~ adult motion picture theatres having adult motion picture booths, adequate lavatories equipped with running water, hand-cleansing soap or detergent and sanitary towels or hand-dry~n~ devices; common towels are prohibited. (f) An edult motion picture theatre designed to permit viewing by patrons seated in automobiles or other Seating provisions shall huve the motion picture screen so situated, or the perimeter of the licensed premises so screened, that the projected film material may not be seen from any public right-of- way or any residential property. Section 66. A new Section 1&-172 is adopted to read as follows: Section 14-172. Minors. No sdult motion picture theatre, as defined by 'this Code, shall allow any person under eighteen (18) years of age to enter said establishmsnt. Section 47. A new Section 14-173 is adopted to read as follows: Section 14-173. Inspections. Inspections by the ~C' C~'~ Emergency Services ~, Planning and Zoning Department, Consumer Health ServiCes Department and~Building ~ C.~l~.~-m~m~n Department shall be from time to time and at least twice each year to inspect each adult motion picture theatre in the County for the purposes of determining that the provisions of this Code are being complied with. Section 48. A new Sec~tion 14-176 is adopted to read as follows: ~'~ Section 14-174. Specified Anatomical Areas. It shall ~.~. be unlawful for any person to display or exhibit specified~ ~ anatomical areas in adult motion picture theatres or the premises thereof except in connection with excretory functions. Section 49-- A new Section 14-175 is adopted to read as follows: . . '~ Section 14-175. Specified Sexual Activities. It shall be unlawful for any person to enga}e in specified sexual activities in adult motion picture theatres or on the premises thereof. J ' ARTICLE VIII F - REQUIREMENTS FOR ADULT BOOKSTORES. Section 50. A new Section 14-176 is adopted to read as follows: Section 14-176. Adult Bookstore Establishments 1. It shall be unlawful for any person, firm, or corporation to operate, own, conduct,~ carry on or permit to be operated, owned, conducted or carried on any adul{ bookstore as defined by this code, without compliance with the provision of this Code. 2. In addition to the general requirements contained in Article VIII C an adult bookstore shall observe the following special requirements: a. Ail materials, devices and novelties shall be so displayed that they cannot be seen by anyone other than customers who have entered the licensed premises. b. If recordings are offered for sale and customers may listen to them while on the licensed premises, soundproof booths or rooms shall be available for use by customers who desire to listen, and each such booth or room shall have: (i) one clear window, facing the major.portion of the licensed premises, covering not less than one-fourth of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use; (ii) sufficient chairs or couches to accommodate the expected number of persons who will occupy the booth or room at one time; (iii} the number of persons who may occupy the booth or room at one time clearly stated on or near the door to the booth or room, and only that number of persons shall be permitted inside the booth or room at one time; (iv} the door or doors opening into the booth or room incapable of 'being locked or Otherwise fastened so that it or they will freely open the door from either side;~ (v) all areas where a patron or customer is to be positioned visible from a continuous main aisle and not obseured by any curtain, door, wall, or other enclosure. Section 51. Anew Section 14-177 is adopted to read as follows: Section 14-177. Minors. No adult bookstore· as defined by this Code, shall allow any person under eighteen (18) years of age to enter said establishment. Section 52. A new Section 14-178 is adQpted to read as follows: · Section 14-178.~,Inspections. _ Inspectio~ by the ~ Emergency Services De{~a~=t~le/kt, ~Pla~n~ng and Zoning Department~Co~sumer Health Services Department an~uilding . - ~ - : .Department shall bc from a~d at least twice e_Acb~ycz- t~ inz~cct each adult bookstore in the County for the purp,~os~,~f determining that the provisions of this Code are being Sectio__n 53___~. A new Section 14-179 is adopted to read as follows: Section 14-179. specified Anatomical Areas. ~,~. It shall be unlawful for any person to display or exhibit specified anatomical areas in adult bookstores or on the premises thereof except in connection with excretory functions. Section 54. A new Section 14-180 is adopted to read as follows: Section 14-180. Specified Sexual Activities. It shall be unlawful for any person to engage in specified sexual activities in adult bookstores or on the premises thereof. Section 55. A new Section 14-181 is adopted to read as follows: Section 14-181. Sale of Non-adult Material in Adult Bookstores. 1. Adult bookstores as defined by this Code,-which sells or offers for sale or rents for any term~of consideration non-adult materials in addition to adult materials as defined by this Code shall observe the following additional requirements: (a) Materials which are of a non-adult nature shall be segregated from adult material2 (b) The adult materials shall be maintained in a separated area from which no patron may review such material from the area utilized for non-adult material. (c) No patron shall be required to enter said specific area of adult material in order to review non-adult materials, which are offered for sale or rental. 2. The adult materials area shall post a well: lighted sign at the entrance to such area which shall read as follows: NOTICE THIS AREA OFFERS MATERIALS HAVING SEXUAL CONTENT. SUCH MATERIAL IS FOR ADULTS ONLY. IF ADULT MATERIALS WOULD OFFEND YOU, DO NOT ENTER. Such sign shall be clear and legible and the text thereof shall be set forth in letters and uniform size having a height of not less than one (1) inch nor more than two (2]inches. This requirement shall be in addition to that requirements of Section 14-154. Section 56. A new Section 14-182 is adopted to read as follows: Section 14-182. Providing of Additional Information. The owner, operator of any commercial establishment which sells or rents books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slide or other representations or reeordings or novelties and devices may be required, if so requested by the Planning and Zoning Department of Brevard County to provide additional information including inventory listing, sales records for the purposes of determining if said commercial establishment is an adult bookstore. Failure to provide said materials upon written request of the Planning and Zoning Department of Brevard County shall be sufficient cause for the suspension of that commercial establishment's license as required by Article VIII B. ~. simulate any speci:~'~ed sexual activities. 5. It shall be unlawful for say person who maintmins or operates a commercial establishment, regardless if it is l£censed under this Code, where said person knows or has reason to know that alcoholic beverages are on the premises of the commercial establishment to knowingly, or with reason to know permit, suffer or allow any person on the premises to engage in or simulate any specified sexual activities. 6. It shall be unlawfnl for any employee, customer or patron of a commercial establishment, regardless of whether it is licensed under this Code, to participate, while on the premises in a straddle dance, as that term is defined herein, where said employee, customer, or patron know, or has reason to know, that alcoholic beverages are sold, dispensed, or brought onto the premises for consumption on the premises. 7. No employee, while on the premises of a commercial establishment regardless if it is licensed under this Code or within the scope of his employment, shall contract or agree to perform, for any form of consideration, a straddle dance and actually perform said straddle dance, regardless of where such performance takes place. 8~ It shall be unlawful for a customer or patron on the premises of a commercial establishment, whether or not it is licensed under this Code to touch an employee's pubic area, breast(s) or genitals, whether said employee is clothed or not. 9. Employers of commercial establishments within Brevard County are responsible for the acts of their employees. It shall ~be unlawful for any person maintaining or operating a commercial establishment, regardless of whether it is licensed under this Code, Where said person knows or has reason to know that alcoholic beverages are on the premises of the d. commercial establishment, to knowingly or with reason to know, permit suffer or allow any person on the premises 'to perform ~or participate in a straddle dance, as defined herein or to alloy any customer or patron of a premises to touch aa employee~ pubic area, breast(s) or genitals, whether said employee is clothed or not. 10. It shall be unlawful for any person within a commercial establishment, regardless of whether it is licensed under this Code, where said person knows or should have known that alcoholic. ~beverages are on the premise, to use or be present in areas partitioned or screened from public view that are designed to be occupied together or alone, by any person or persons on the premises of such establishment for the.pu.rpose of engaging in specified sexual activities or private dancing performances. 11. It shall be unlawful for any person who operates or maintains a commercial establishment, regardless of whether it is licensed under this Code, where said person knows or should have known that alcoholic beverages are on the premises, to suffer or permit the construction, use or maintenance of areas partitioned or screened from public view that are designed to be ~occupied together or alone by any person .or persons on the premises of such establishment for specified sexual activities or private dancing performances. Section 58. A new Section 14-185 is adopted to read as follows: Section 14-185. Inspections. Inspections by the County's Emergency Services Department, Planning and Zoning Department, Consumer Health Services Department and Building and Construction Department shall be from time to time and at least twice each year to inspect each adult dancing establishments in the County for the purposes of determining that the provisions of this Code are being complied With. ARTICLE VIII H - VIOLATIONS Sections 59. A new Section 14-186 is adopted to read as follow: Section 14-186. The following presumptions shall in actions A brought for violations Of this ordinance: , 1. Any person who owns, operates, maintcnan=e or enters a commercial establishment, which advertises within 100 feet of the /~ general public that said establishment provides, allows or permits the exhibition or display of specified anatomical areas, is presumed to be aware that the exhibition or display of specified anatomical areas is taking place in the establishment. 2. Any ~stablishment which has received an occupational license to operate commercially is presumed to be a commercial establishment. 3. A person who operates or maintains an adult establishment is presumed to be aware of the activities which are conducted in said establishment. Section 60. A new section 14-187 is adopted to read as follows; Section 14-187. Proof. 1. In all actions, civil or criminal, for violation of · this ordinance, testimonial evidence that a beverage was an alcoholic beverage, beer or wine may be offered by any person who, by experience in the past in handling or using alcoholic beverages, beer or wine, or who by taste, smell or drinking of such liquids has knowledge of the presence of the alcoholic content thereof or the intoxicating effect thereof. 2. The presence of alcoholic content of any beverage, beer or wine may be shown by hydrometer or gravity test made in or away from the presence of the fact finder b.y any person who has knowledge of the use of said instrument, but the production of such evidence is optional. ~. Section 61. A new sectlon 14-188 is adopted to read as follows:~' Section 14-188. Penalties. · " 1. The Board of County Commission:ers of Brevard County, /~ Florida, may bring suit to restrain, enjoin or oth~rwis~ prevent the violation of the Code. 2. Any person who violates this .Code sha~l be guilty of a misdemeanor and punished according to g~neral law. Section 62. A new Section 14-189 is adopted to read as follows: Section 14-1189. 'Effective Date. This ordinance and the provisions thereof shall take effect pursuant to law. C · -.' .--...._.~..~ - · . .. _ ,,. - ~ ... .. ~W de~.ne~ ~d ~ot have ~ " eff~ '~ p~d~d ~ ~on~ ~v~. ' pm~ ~m~ ~ ~e~e pay w~ch ~'~ ' - ....... v~ wh~ Supreme ~ ~o~ d~ '~ ' ~"~ '~' '";" ~.~,~',~,.~ '-[ ~ion ~ Ga~ v. San An~io Met~ ~ P~t Au~tF, ~g minimum pay . '" -: ~d ove~e p~io~ o~ F~ ~r S~ {:. " ' .... ~ A~ appfi~ble ~ s~tes. F~ ~r ..... ' ''" '" - ""~ ~ :"~:("'~"' S~n~ Act of1938, ${ 7,16, ~ amend- · ;: "' D~,ia 0~[ ~*~h ~' ~,~"" ~ ~ .UXC~ ~ 20~, 216; .U.S.Ci -:~ D~ny ~ackso~ J~ Golleher. ~'. '"~ '~ and'3ohn FoUntain ..... ': :' ~:- · ~ '~,..i ....... ..--.. - :- - .-.-.-: -..-- .-. ': :~'~ :"" 3. ~tUtion~ ~w ~275(3) ~ ~. ~. . ..~ -.. .... ' -: · 2.':.- ~ :: ...... '" ': '~:~:' ~ ~bor ~afi0ns ~1087 · : ~ C~E~.; CO~,.: ~,, ~d ' i. - She~ ~E. Mo~s, Indi~dually and in '~en~n~'of 1985' dela~g appH~fion' /~ "~'- O~ci~ ' ~p~ciW': ~-'Sh~ of - · - '~ 'Chambe~ ~un~, T~: ~:-'~ :.,,.~-.rr of~v~ pm~io~ of F~ ~ S~- ,~.. _-~..~-. ,~.~.~k~.~" ....... . ,. : ....... ~, ...... , ....... , .... ~. ~ . - - : C~v..~. No. ~08. . de,ion. ~ Ga~a ~. Sa~ Anglo' ~et~o ~J" -r~-~' .~ ~,-: : ;-. ~: .... . ...... :,,. *~. :~,.:: ~ ~".,~ ~..~'. .... S.D T~-~' .]~ ~.- J~" ~d'ov~epm~io~of~Aapplimble - ~1-. ' - ..... 4 -2;~. Galv~n.D~m~,..: ~..~ ~.. ~ s~, ~d not ~oh~ dale p~c~:~':F~ . ~ . .,~;,~": .:~i:i~::J~ ~'1986.~-~- 'j':j<.g~"2 ~bof S~nd~ :~en~en~:.of 1985, ~:~[' . ".'' -'.~:'; -- :-".:-' ,~. ~.'. 2.'. { 2(c)?'29.U~;C~ $ 216'no~;,' U.S.C~ ~.1 ... · 27'~ depu~ qhe~s ~ught.actlon· ~ .51 ~ove~me, ~mpensafio~--.. ~On' defen&n~':- -4.-~bor ~lafio~ ~I301:~'.: '?:~ ,y,, ~(~: ~- -:k motion for s~ 3ud~en~ ~e DMSO- ' ~; F~ ~bor S~&~ A~ ~ not'pr~ ~[ .'.,. ~ Hugh G~son,:J.,.held ~ (I)p~im:~ .~e'for'a p~ muse of ~cfion b~ed on.. ~ ' :2':' ~ b~ ~sue'.of-~he~'~ l~o~ w~' !~ of'193~;"{~ "11; 11(~; 16;' '~-~ende~ ~]1- :--' p~"~t.~en~t.~:~ :?'ira." i ' .-- P~.--.-::...-....~!~..~ :1--~2,~:.-..- ..-,~ .......... ~ - ,~ . . · · - ." . zm...: .~ of .F~.~or>S~ .~en~. of] ove~e .~. i~ .depu~.she~,. ~ U~. ' , . --:;:' co~fio~ of' ~e ~n~en~ ~ at2. 1938, f{ Y, 16, ~ ~de~. ~.-U~.C~ - :, . ~e~ g~ andengining ~ motion,. {.{ ,2~!, 2!!,~:.::--.G:~.~,:-:-.<':,'. ~:::, ,-::~.. fof~giffhe~ved'~t~" - '. '.. '- ' ' :"' ·" - ' ~ ."' fid~ '~}'~q~ed'.met 'req~ment' ~i: ) '~ ~n~ion~ ~w ~278.1(1)"':- . .... ' .(2 :.a~m~-ibn~ be ~uoa~ ~d'bp~o~~ ~:Z.'~.-~.'~m~ ~' ~; c,-' ~:;~. ~ae ~;:~figi': of. ~qi for :6~ td n6~':6~' ~em' . ..2.'.'. ~ .. . .. . .2 . . -:-~ .- ' :$11:?:ff ~'U~:m~i.:~.~ t'~{aK-;g'?:'?2: ~an~'x~'~:?k'f:" ......... ~'-:~::'V;:~':'`'? '.' - ~l ..... .; . . .~,. . .... ~ ~- :...' .~ · : _;. . - . .. '. . ... . . -. it ~...a,'-;.~U',::;:~(-."-: .~ 'Z,.-,... :-~- '.. ,-.; ... :L- ~' ~ ;''; ' ' :" '~': - ' ' · ' ' ~Z[::.~'.(' ..':D;'k~..:: :';: :.:-::-?:-7';:-- ':; '"-' '.:. -:: -'--:..:~...- .. ~_:,;:- .; equal pr :.. against -i~t eo :~:.--10. Cr ~< - SDJ~.I~C~ *. crrY oF }IOUS~roN .0 ~ 1387 ~? .'" ~d ~ o~g gt ~e ~me ]~fion for ~ ~ion of ~e of ~e time and [~-' ~:' whe~ ~ w~ si~a~ on ~at ~,' place of a h~g ~ ~ held on ~uch ~'' " and ' · ', ".  :.. quit ~o~ ~e D~r or a h~g off[  (2) any en~e o~ 8n3 o~er~ ~ for ciM ~at he may desi~am. ~mr such  - :" w~i~ a rant valid ~t ~ ~ h~g, ~e Dk~mr or hmg offichl ~;~' ' eff~ ~' shM1 ~sue a ~n order on ~e request [ *..-. ~e ~de for ~nsiom H ~e omer des~ ~}. . 1986; and ~1 ~e Dkec~r's o~er, he may do so by I '~g ::--~- 1o=- - ~t follo~g ~e p~d~ set fo~ h fion where W~ On O~ ~e ~e' of O~nanc~. ' ~'::.~. da~; r: .. '--' . . .... , mnsio~ ~at am ~md shall s~ a ~'~U" pm~d~ ~at ~ apportion ~ filed for a ~ ~in for c!os~, and shall n~t _~': '. ~t. m c0n~ue ~e' o~fion' of. ~e yard for o~mfion' at any °~er  .:' ~ limi~d ~"i~ ~~om"'-'. :-Y' . '':' "" su~t ~ ~ ~ion ~d p~t ~ ' .~: bus~s,' even ff~.~e ~t appH~fion ~ sided ~ ha~g a ~ for p~s~ 0f ' .~'- de~e~' ~ Eovemb~ 30, 1986." '..' ...... m~ment of ~c~ ~een en~: ' ~;.... . - _ . . .. ,.. . .. .. · -..~. ~t. ~ :.'. (c) ~e .D~r ~y, ~: ~ ~fio~. p~es ~ mq~d ~mu~t ~ Se~on ~. ~t ~ ~ion tot o~fion ~ E~ 1~)(2) of ~e ~de of O~an~- .... ... ~ :~:: ~g ~e p~ ~t h~'~ ~able m '': ' -~ 1986, p~t ~ Beton ~5 of ~e ~:.~ ' m~up ~ ~v~t ~ su~ ~g ~ ~e of O~ (fomerly S~fion 2~73 '- ~:~-..- '~e by"~t &~:~. ~' o~ ~ sec~ · of ~e ~e of.' O~ces) s~ ~me '- ~'. -m::- .~ ~ion of ~e, ~e o~ m~t su~'.. ~v~d-on J~e .~, 1986.. O~em or o~--- ~ ~ ~. ~e D~r ~ ~n ~u~t.for m~ of ~mb~m- hol~g' ~m "-: ~:---. su~ .~ion on or ~om ~m~ h.. ~d~ who ~h ~ m~ ~ b~*'. :~ - ~:~,~;'1986- ~o appH~fion; for. ~i~.~'''~ ~ " -~e.~ -9~* - ~'-- ~..; . ~,;- ~, ~. . · Ly..~ . ,-., r~o ~,~ ~vm~app~ymra- ~?' .. : . · ~-- . ....... . .' ~ ~ ~t ~D~Beo ~O~ ~ O~nn~ ~-~':-' ~O~ ' . ' - ~; ' ~. ~&~-: ';~-- ~:~e;. · .~. · · ·  -. apportion, pm~d~ ~e appoint ~'~ ~'~.· · '- (1) '~e ~o~t of ~e ~s ~v~ent' enfifl~ ~ ~ ~ eq~l ~ one doH~ ($I) - · ~¢. ';-~ - 'M~ ~, 1986; .,:::,- ~-'t.;;:,,~.~'.. ::,,~, . '.~ ~' ~d ~d~ ~on ~5.  :.. ' .::(2) ~e ~b~t of su~ ~v~t ~t4 ~' s~ ~ ~d ~ of:J~e ~'~ ~-' ~" ~ ~n ~ ~ ~'~ ~ugh 1986,"~.:L, "· ~- ~' ';.:/ ':.':;' t:- :-:.~. -~ -...~. :'.~ [~-: ~' "~':.' ~ovem~ 30~ 1986;' ,.. '-: ::-. :..:- . .::'.'., ...... . -., . ..-:': ' .... .---'- -.~. - .-: .. .' .~;' - . ' en,,~ .... -.. · .. .... · : ~r of ~ ~d Admm~fion ~or ' .'. · .. ~ ~ . -~.~...-?-~v~ · .~ ~ ..~? .~ ..-~ ..~ ~73)-~f ~e'.'~e ;~ O~i-~-~] .~ -. - · "- ~~.:~:~.. su~ do~~ e~d~ce m~t ~ ,~.: .~s~ ~y ~ ~e ~ 'of i~ ~u~' .':. ~ed..~ ~e ~u~ for ~io~ '. ~o~' ~o~ ~ 'O~i-~-~ sh~ll ~ ~ -.. '. :..':~ ~' '~" . . '. ' ' . ....' L...'..- .... .:.... ~..~ .-: for remaining applicao of circum- it intent Council in portion ~ contained or fail by ~' reaSon.of any voidneas · .', ~r..invalidity of hereof, and all provisions of this. Ordinance are, fOr that purpose.: Director appliea-: to' 'the:' -( tion~'~ 'ApPliCaOons received by April 4, 1986, for enterprises not ~kready in opera- tion shall next be considered in the'order of their filing with the Director. (e:~ The Director shall give notice of the approval.or, denial of all applicatior~ re- ceived on or before April 4, 1986, by May 5, 1986. Applicants may appeal from the de- cision' of the Director as provided in Section 28-125(d) through (f) of the Code of Ordi- nanees. In any such appeal an applicant maY,~ in his notice of appoal,~ specifically question' the' Director's '. determination of the term of operation of another enterprise: tO':' the :extent:'thati' ah'ch - determination formed the basiS for the denial of his appli- cation~L: In .such;event the operator and ownet;s of the other, enterpris, e shall each be'given notice of the hearing and afforded an opportunity to appear .therein in defense of the records' they submitted to the "-":' ;'-" '- (f) The Director shall issue permits to all ~ho ' appli~ant~, meeting, the .requirements.. of o~' aff~' Chapter 28, Article III of the Code of Ordi-'. ttesires.~;. -nances who timely file their applications on. i~'ope~]', o~; before Aprtq..4, .1986,.by ~b~a.y 27,.1986.' before ~ane ma-net a~ authorized ~n Section 28-: '- in exists;'1~)'6f the Code of 0rdina~ee~', ~naing':. · ¢&:nce in which a' permit may po .~ntiany:. - [:'oth~: rele.: have to be withckawn, should the.- _forth anc~ :::C~imca' o~erkale"thd"Di~ectar~i 5ie~i~f- bf' -' .-. (g)..Permit applicatibns that ar~ filed and: ter Apnq 4, 1986, and prior to-May 14, 198~' ~shall be held by the .Director-m3til. May 1~. ::. :. .1986..and;shall th~ be considered in-the,: , onter of; their n-'ling wikh the Director ~ncl :-';F in .accoraa-ce with. Be~i6n'2~-125 of-;,tbe'~ -' .:'.. :' 'code of Ordinancea2'.:Pen~t applications;::.' .itlrg~y. ia'~' COnaidered ,in the~.o-rder 'o~ .their 6qi~'g. · '"' and is 15usiness F before .Ap: enterpt4se' vember 3' .ing enter recoup 1~ such ~ b s~ (~) ~ -~.; .-. This i~ Cial ~.'..; (d) F~ch letter formingi a word on a. pr~ [~ .~.~J' mary sign shall be of a solid color, and each [~. such ie~er shall be the 'same print'type,. t~'-"' such lettering on the display surface, of a ~..' l~=imary sign shall be of.a uniform and  :solidcoior. -' ' .. ·., -.' .'." ~,.~_~(./"' (e) SecondlY Signs shall have only one' [:1~2'-"' "shall: ~.:~:: (2) ~ot- · . ~'.'.: ::'is) "~t'~ ~]:"..~:.:... a~ of the "tab~hm~n~ '-~.:'.' :'.~ ~. tion (b)' and "Subsections (c) and (d) shall . [ also appl~ te se~endar~ signs]-.! ....:..'...;.. ' ~;~, . iD,I, INC. v. CITY OF HOUS~N - 1385 · .. C~ F-~. ~ ~.~,~. 'l~'~ ' ~D~ I~u~ '~ (a) Any notice r~luired or pe~ to. be given by the Director or any other City office, division, deparhnent or other agency under this Article. to any applicant, opera-. tot or owner of an enterprise may be given either by PersOnal delivery or by certified United States n~il, postage prepaid~ return- receipt requested, addressed to .the most recent address as ,specified in the applica- tion for the permit, or transfer application .. which has been received by the Director, or. - any notice of address change which has been received by the Director. Notices maned as above shall be deemed given upon their deposit in the United States malL, In.t_he event that any-notice given by ~mnfl is returned by_the Postal. Service, the. Director shall cause it tn be posted .at-the principal, entrance to': .the establishment.. be given to the' !Director by any person under this Article shall not be deemed giv;.. en until and unless it is received in the - ; office of the Cap.t~in.of thd Vice DiVision at ' ~!:] -- ired. ........ ' ....... · .... the time(s) and in the man'er provided ~'.. w~. .,' ~ ]- '"..-. ':' )::"' ':' ~:~':".' :." ':' f'ding of ~pplications in Section 28-L23(a) Of ~.~.= ~) ~t ~ ~,,,~ to ~Uow a ~-,~o~ th~ C~t~ ' ' .... ~' ": '. '"" '. "'"- ~i' who h younge~' than s~ventee~ (17) years- [ ..: '-.. ---' .":--. :'.'-.' :': -': ."--': .-;.' -:: :-. - of age'to enter'or be on the 'premises of.a':.-':' (c) 'It shall be the duty of. each. ownex. · ~'-'regulated establishment at .any time that: who is designated on the permit application".- [ii~L~L? busines~ :: ..!:'".:-'.-=--.:.-~ ~ .-.'..~.:-"?'. .... .iJ'.'.-[:' ': Director in writing of any .ch~ge 9f resin. '~' ment's ~., the du establishment tO insure that. - a~':-attend~-t'~s stationed at. each pubJdc' 'entrance to the regulated ~stablishment at'"' f'all iim& during'such regulated establish- ment's re~tlar business hours:' It shall be'.:: ,. the duty of the ~tSendant ~o not allow, an~:: · under -the age of; seventeen. (17) :' years ~o enter the regulated establishment. Section '28-1~' .P~olation Deemed Mi~ite-' . ,yiohfion. of ~y.pm~ion of '~ ~e: ~t h not' o~e~e p~le p~u~t. to Article D172w, Texas Revised.Civ~ Stat-. utes, as amended, shall be. p--i-~hable by a- fine of not:less than one .hundred fifty ,, :. dollam ($150) nor mor~ thah t~o hundred. dollars ($200). Each day any {iolation con: .. finues shall eons~tute and be p.,,-~habl~ as Section .:~-lSi ;J : A~ority"~ . .~... Suit..: :' ' It. shall be-presumed- that an. 'atte~dantl i knew a person was under the age of seven-" teen (~) .mil~ss ~uch ~tten&nt ~k~ fo~L-- " ~d ~ furnished (1) a ~m]id operator's;'J " er's license, or (2) a valid personal identi~ .... .~ne. City~/At~orne~ i~, hereby'. authori~d.'. c~tion cezt/5~ate, issued by the .Texas Dg-.~ to 'fi]~=suit-to: enjoin the:-violatioh' of thi~ par~." ent"o~ l~ubiic Safety 'refle~g .tt/~t~''ArtiS~:'~:o~' .,::~'=~::~,,r. '~.':?-: ..... .,..~.. ~,. . - .. ....:c:'.. " ~.:.--.~--",.;: .~ -.:". ' -' ' ' ' · ' Sectlo;~ S~--:. H. any provision, section, SUb:.'e ' ',' ".- such~on-~s ~venteen (1?).yearn of age . '<~":'~: ..... ::' '~' ':'"' '-" 'o~'olaei :'-~'""'":::'?j:?':'. ".:' ~"2-'"' E' ' "'~4euo~ ~A~e, e~:.'~r r~-~e '. :z .... ::':.: ~."~_~"::L'-, :;c',*~.;. £-~.'~*~..'~ ,..".'~ ;2 ~:~.~: --. ...... ....':' ...' ::~... .' :..~. · . . -~.~" APPENDIX I--Continued pending the date fOE filing an permit revocation, and if an appeal is filed, pending the disposition of the appeal by the · City COuncil: An establishment holding a suspended permit shall be treated as' hav- ing a permit for the purpose of'measure- ments made under Section 23-125(b)(2). Sec~on 23-128': Other Pc, r'mit Provi~ons. '(a) A'permit is valid only ~t 'the location.. for which it is issueck ' ' counterfeit, forge,· change, d. eface,, or alter-. '- a permit.. '; :: ; . .. . ' ..,'. ._: -.--~'. -' .:'ten ~equest of the owner(s) oi ope~tor and. . . surrender bf 'the permit-itseH, to the Di-, rector;.-: 'Permits shall be-surrendered at.' the same place and at the same 'time as. permit applications as provided in Section 28-123 of this Code. The'surrende~ of a; permit shall be effeCtive'.upon its filing in. · the office of :the Captain of the %rice Divi-' "'-' SiOn'-'; ..... ".' :~ " '.: ':-': -. -.;~ ~'~'.-.,rl- ";:' ' Secti6n 28-129 i Exterlo~ Portionz 'of Re~-;. .. ulated Establ~hmer~t& ' ~ , .' ;'- '" : . , ' '- '-'.(ai s .U be ........... an ...... portions of each individu- in the commercial multi-unit "center, including the exterior portions of the regulated establishment are painted the same color as one another or are painted in such a way so as to , be a compOnent of the overall archi- - textural style or pattern of the com- mercia] multLunit center; Nothing in shaft be ,stxued to require the .painting of an other- wise unpainted exterior portion of a'regu~- lated establishment. (g) Notwithstanding Chapter 46 of the' Building Code or any other City Ordinance, Code, or regulation to ':the contrary, it shall be unlawful for the owner or operator of ~ny' regulated establishment or any other'- person.to erect, cqnsixuct, or maintain any sign for the reg~..ated establishment.other than one ~primu~ sigu.' and one. 'secondary (b). Primary signs shall have'n6 more than two (2) displa7 surfaces~ Eaefi such "" ' )egulated.establiShment to 'be vis~le fr~m (3) not. exceed .: seventy-~ve (75) .square. - any point o~tside shch regula{~l establish:~ . - -. feet ha area; and .-...:: -" op te .o: a' g ated estab eut to ...- ( )' : vis'Shan allow the exterior portions of the regvlate~ graphs,, siLhbuettes, drawings or pictorial _-- establi.~hment, to have flashing-'Iights, .or. representatlons of any m~nner,' and may etteS, drawings, or pictorial representations- (1) the n/~me of. the regulated establ~h- of any maxmer except to the extent permit- "merit '" ......... ~ablishm~At't~ be -dinted an ~olor bth;'" - tml 'Aault-Encountar Parlor". - :' ',.. ? ,. ph~, ises ~i (d) Ei ~!' mm-y sil ~.,' such le~ ~? primar~ ~' solid col ~:-.' (e) S~ '~-."' shall: ' of age ~ Subse~off ~) ~ not app)), ~d fl{ey D~r shall ~esfi~ ~e ~un& ab ~' shall ~ ~sued for' ~e'~ma~g ~m of leg~ W de~e whe~er probable ~use ~. ~e ~mit ~ ~'msfemd. . ' ' for ~v~fi, ' e~t ~d ff so, shall ? ~ "" ' R ~tion ~r no~ ~e o, or ~ ~ ,~g ~ ~on oj~ · nt ~. "~ ..: ,' ,,,'. , . ~ sUcb ~r th o~ ~.- (a) ~e D~ec~r snan nave me au~ofi~ ~ni~ '~ ~.. n~ ~ ~ ~voke a ~t for ~y one or mo~ of ~1 ~ at a ~ me follo~g ~o~: ... , ~ ' . time ~d ~u~ no~ ~:. - ~g~'~:":~"~~ ~o~ngly allowed a have figafion of (17) y~ of' ~e alleged '~ ~ en~r ~ en~; ' . ' SU~'h~ , enterpri~? . do~s' not fifteen. t~_~.~: -.- conform ii of Section- Hearings shall be ~/':'~i'1~- 28-129a ,Il ~f.this A~ -issued by the Director.- I~..:.: ($) Three (3) or ,more ehmulative Viold-': ing~ and shall · ~2~'~ ';':-'..',- tions of any of the offenses contained present ~?"i_'',!::~ 'in .Chapte~ 21/ Chapter' 43]"Section' ~nd be .~--~d_~ ~..'":'.'--- '22.011, Orfgection 2~021 of-the Texas, niter ~i~i' ~-h -::.' Penal C6de or of the 'offenses' co~ ~;~ "-"~--'. t~/ined in this Article-l~a've occnu'red -.: ~-:;;.:: .... .... I~.~'-' '~-: . terprise~ These violations must have. ~::---" ([..(' oe~ed.'in.'.a consecu~e :~e~io~ ot [ ~-?' twelve'months,' and tl~e owner or bp- [ ~:.-~..- . erator must, have knowingly allowed ...... I~::".d': '.-. such' ~ol~tions to oeo-ur o3! did {dot': s-uspens,!°.,n m lieu - reasonable effort to prevent . .-~.,.,...-- i'~-'~---~/ -~-~, ,, -' , ...... ~ . ' p~t~_O~l OI lime :,,~d~,:-..- - .... '_ . : - suspeusmn, I .~.~:'-~ .: '- (l)"The operator of the permitted enter-. /however', a ...... ::-...~':v'" .-:<', ,;. p. rise gave' materially, false, iraudu- ii the grounds ~.J--'["..'---:? lent or untruth_taft information'on the . C0'of Subsection ~-'- '-- ~'., oriliimk renewal~or transfer appliea- ' ,., :-'.; ~. ~ '- -~ --..-._'fi.on iorm;:...::;.:~'.-, .'..,[.: .:. :~ · ...'..% .: :'.' i? '(c) Th, ~'~ . .- - <% .... · .... :. -~. ... .. . - ? . . - _. ~'..'-. . (5). The enterprise' hag .been. closed' tor . the right to ~-:' '.' .~'~_~:. : -." busine~i''f~r a period of. thir~.. (30) :-. ~.;;-. .'.-..-. consecutive d~ys, unless such closure .-c~ hi ,, .-.-~..~f - "" is due' ~ ~rn-~tances.. ~ey~Jnd ~he' 'forth in Section { ~. '. . .._-..- conm~,,, of 'th~ .owfi~ '~d the owner .'-:tie~ 0f '""-" e~ all attendnnt 'cirenm~tanee~, to r~ -that the · issue a written order which shall be effective after notice thereof is tot..-.- It the hearing' based uPOn the 'the ends of -~". '.. ~" (' fi ;..issUed 'pu~rguant t6 the.~iteria'of ~" hig i petit fo~; purl ,~'~.:: .'-'.- -. . _..-.-.)-...:- -.'... .-: ...,.-.... .- .. ...... .. than ~ given.'7 shall be wilmeeses It,' he shall '- ': tifird day, ~rdered '-. (6)' 6f'~'' '.- '::'~.'[:Z~.-'- 7 haqe to .the effe~ o~' C 636 F'~C~:r'-I:L'~J,-, SUPPLEMEWI' the ~r ~v~ ~ of~ ~. notice of ~ de.ion on ~e ap~, or ~e Ci~ ~un~ v~ on ~e ap~l. ~ appli~- hie. ~on ~126 T~mf~ upon c~ng~ (a) A ~t ~ ~onal ~ ~e o~e~s) and o~'desi~amd ~ ~e appli~fion, p~d~ ~ may ~ ~fe~d p~t ~ ~fiom A ~fer appli~fion must ~. ~ by ~e ~n~ ~y n~ follo~g any ch~ge of ~e-o~e~s) or .o~=~r d~i~a~ on ~e appB~fiom ~ ~e event . ~t ~. ~f~ appli~fion ~ not ~ety 'f~ ~en ~e ~t s~H ~ ~Valid for ~y p~se ~g ~ ~e o~on of ~e' en~e, ~d ~y ~f~ s~B ~q~- ~t app~fiom''. For p~s~ of m~- smmen~ ~n en~ ~d~ fion ~g2) of ~ ~e, ~ ment for wM~ ~e ~t ~ ~me v~d ~ o~fion .of ~ ~e~on sh~l ~d ~ ~ough ~ ~ a ~t ~ ~e ~t. ~ ~vok~ p~t ~ ~on ~ of ~e ~e ~d ~y ap~ ~m '~'~6' CiW ~ ~'-~n' con~ude&. '::-- ~ .memo~ ~ web ~ ~e h~g ~ ~ ~e' D~ sh~' pmm~ ~ 1om' ~',--. ~'s ~n 8e~ion, ~d ~e' ~b~ ~'-' ':'~) - '. -~" ~u~d ~ ~e hmg ~om ~e h~ ' on wM~'~ ~f~ app~fio~ · 'offi~"~ ~ s~ vo~ ~ '~ ~"md~ ~e fora' ~ ~dude a sm~- ' uphold or. o~e ~e hmg 0ffi~rs -. 'm~t' ~d~ o~ ~t ~e' ofi~ app~=-- ~o~' (14) ~ ~-~-~e' ~ ~ ~ ~ ~ ~pt ~0se ~at nofi~ of ap~-...However, ~ p~-sh~ '- sh~. ~n~ a m~ent ~d~ oa~ '' ~ mq~.~ ~mply ~ ~e hmg. ~d~ sing ~e offi~'s d~ion .d~g ~e ~nd~'-of. fion ~ ~o~ ~owledge of ~e ~o~ ' ' ~e ap~ ~e 8~ion of ~e ~. ~ ' ~fion ~n~8 ~.=d ~t ~e. ~o~ - ~.S~.~ ~,,..: :. .:;~: . _:.. :- ,.m " ' .m~on ~ ~e ~d ~ ~d s~.n°t '~ ~) F~mof ~e D~r ~ ~ve ~e¥ ': complm ~s a~mp~ed, by.a' · nofi~ of.~' a~on on ~ ~app~fio~ or ~ble ~f~ f~ of one h~ do~ . , - ~m 'of:'~e,.h~g, offi~-.~ ~ely: ~ ($100.00).: ~f~ app~=fio~ :': ~ndu~ or ~e notice of ~ de~on on ~ .. ~ ~ed ~.~e ~e p~ ~d at ~e ~e ' - gp~ ~m ~e ~s de~i~ 0r ~...' ~e;'~ ofi~-appBmfio~ =fi ~e. /-:... :' ~ ~e. de,ion .of. ~e .~g...9~... on,al a~fio~ ~ ~a~ m.~o ~' ":: · ~e D~r:" Sd~'~'~mpo~' '~ ~' '~ PP P · - ., ..':' ,. . _ .:::...:....:.-._.. . : .... '.-138Z. ,f . . . '~ ~d s~ ens~ ~at ~ ~ ~y p~sent e~dence, ~ss~~min~ ~s~ and ~ ~p~en~ by leal ~nsel. - (e) ~e' h~g offid~l sh~l conduct ~e 'h~g ~ f~n (15) ~ys .M~r ~ ceipt of ~e applier's ~n ~qu~t for · a h~g ~l~s ~e applier reques~ ~ . ~ion ~ ~g- ~e h~g offi~ s~l ~nder a ~n d~ion ~d ~sue no~ ~e~of ~ ~e appli~t ~ five (~ da~ ~r ~e cond~ion of ~e h~g. ~e ~n dec,iOn of ~e h~g offi~al sh~l ~ final ~less an ap~l. ~ ~ed ~ Ci~ ~ p~uant ~ ~on ~1~.. :"-. (~ ~e apph~nt ~ay ~p~ ~e de,ion -' :of ~e' h~g o~al ~ Ci~ ~cfl by · ' ~g'~'~n no~ of ap~l '~ ~e ~r ~e app~cnnt ~ '~ven nofi~ of ~e ' h~g o~l's d~iom; ~e' hOtly.of ..ap~l s~ ~ ~mp~i~ by a memo~ ~ d~ or o~ ~g se~g out ~ly ~e ~ for ~ ap~ ~d ~'~en~ ' ' :. ~ Sup~ ~f- "~e.D~r ~y su~ .- --~t a memo~d~ ~ ~s~e ~ ~e '" memo~nd~ fried by ~e app~t on '... ;- -~-~ ~W ~.::~ ~e~g su~  ~ ; ~l~J, lt%k v. C1Tt' OF HOUSTON 1381 ~Z. ~ ..... F~ '~o~.~. I~ ~ D~iet of ~ "not m~t ~y o~er" ~ement of ~ ~..'-: .(a) W~. ~e~ (20). ~afs,ot ~eeipt ~f (8) ~e app~=nt h~ not ~ully eomp~ ~,~ <' any appn~on, e:mer om~a~ or renewa4 ' ~ all S~ Federal ~d ~:~.': ~e D~r shall ~nt or deny ~e ~ or~re~afion's af[eefing ~e qu~ ~t ~d ~ve ~n nofi~ ~ ot.i~ b~M~s; or the applicant as to the decision. '-'.. (b) The Direetbr shall issue a permit to unless one or more of the ' ' ' located · : within 750 feet of any school, church,' :licensed day care. center.. Men- shall be made in ~ straight · ' (9)The operator has had a permit r~ .... ~: yoked for the eameenterprise within -.' ' · 'the ~ hun (180) day per/- · od next date that'the : (c) Property uses and distances for origi- nal applications shall be determined as of regard to' intervening' the time that.the application is filed, If a or. objects, from the near7- rehewal applicafJ0n ~s timeiy ffled as pro- the property line of"the vided in Section 2~124~ the'property !use~ to.the neares~ and measurements for the, r~ewal applica;. property line of.the appli-' tio.n, shah be detem~ed as of thetime that ...,..~:: -on the property line .of Such school, was.filed. IX not timely :~flecl; renewal ap-.. ' .,..or licensed day~.care, cente~ - plications shall,be subject.to the-same fees 'enterprise is lo~ated and shah be.t~Jeat~d in .the same makner in- feet of'any other' enter- all .r~.pects as oriEinM applications:.4?aiz:-... ,.,: ~ the ~;ent:tha't'the D~'~r fiet~: ~.:.:~ Mea~-ements shall be. made in' .a mines that ~n applicant is not. eligible for a" '" ..... ' -.straight -line, without regard to inter- - '-. · . vening structures or objects, from the' Pel 'rnnt' -the'apphcan~t shall! be gayen notice · · :-~ · AFl:': ~ -. · --: . .:. .:. · .. . in ' ' ' . : ,. ' . o . . -. '. poin p .pe .... of. den,al, . . -. - .' ~' .: th~"al6plicant~s enterprise' ~ the' fi~-- warren., zo ctays o~. me rece:pt.nf :ts applieh--' '.' : :;:':~'"'other hn~ri~ei'"" ; ..... :'."~" ::' ''''~''appeal, the decision of the Dzrector regard-."" . --:;h, lng such den l, by a- _n qu t ..... d' I~ "';': '"' .- -..,- ,, ,',...-. ail 'ilo) flyE'~,_r[;~ ne'm ~nven notice oi- - ~ ' .-' -,:-;~. escn ea merem,..are .resmenuai m "such d ....... "~ ' '' ' ' ' .... chm~7'" "" '" "' - ,..- _- . ..... - emac-. The l~wec~or s aec~s~on on the ' .- -.' .;..., :,. cl~r... -l-lie la(lillE.Or 8UCll clrgn-. ~. .,. .. , .,,., ,~ , : . . . ' "3 '-' l~r '~;:-;. o{,,n ~ ~nn ~:i' _A~ ,~_ ppncauon snan ne ~mal unless an appeal is' - "- ..... 'cente~ of iuch ~"-'--' - ,, ..,- timel~ filedi.',. An appeal shall not stax- the' · ' ' '.- ..-;?... . . . ill'~..Slll~l (~Or-..' ~, .... ', '.. ' .: , . :... - . :' · .. '.-'r~_;,nd t6,t:_..~_.__.-~'.:~- .... ,.; .-. ~zrec~ors aec~s:on"~n, the. msuance~ of a -: ~ e-- l~ . ~ll~.m'clPOllll; OI I~, line }Ollk-. · .... ,. ~i -, .... " "' boun" .... ' "" --:"" -; ~' -- ~ a .hearmgCshall,.$et Out the grounds' on ~" - ' the :-:---~ · - - .-,. . .; .. . . demgm~.ted' -by the 'D~ectom,'. The' ;... ~.,....:. .mz~ormauoll re~lles~(l oll rile SD- t ...... ' -' ,, .... 4,- ...... ' ? _ . . . ~.:i., ~: ~H~*; ..... ' ..... ' -'-'" ' ' ' ' :-' ~ '- ~ ": ' Y:'" .ri. earing omcmi sna~t~ no~ nave par~crpated-.'. '-....~ ~ · . . ... ~ ...... ~1-; ......~.,,,: .~ ..... .- ' 111 all 'mveEti " ' ' ~-- · ; ....,,, ,~. ,, . .- · , .... - , ..-: . .y Eation or ~de~smn relating to . -.- .- ' .:.~,o)..'xne:appncanr,'Ea'ee materially:f~lse;..' the:-d~igl of.~j~e'~'- '''-'-.'',', ..... - -,-: , ,~L c .. .. ~ .............. .~. .~. . ~-~z~uE ~.~c~l sllali ~'~CelVe ora. '11110 . · .,-. -....'- on me appncamon;-...- --:!,... ,,..,.wa. :.:.. - · -, .: ~. -.:. - ..... ;.. ~; ,.,,,. ~ .:. ,... .... , - -. -. .-.:.- r.,,,.,a~. ..... - ..... ~,..-: ...._.._:, .,..~, , ~rltie~. tesli/nony .~e~g the'a~aljca.~'- .-',-. :--. lt~J The applicant's enterl~nse m not"m-- tiom:' 1~;~ ,~1~i1 l~i-~,,,~l,,~,l ~; _.~_2. -. '~'::;::-'co' ~---' -',£ -;, i.'~. ,.~ .. __.! .... : ..~. .a~.:....~...~.~,~ .~ .~..,-¥~?~t;~-~.~mu~r. .. ..- . ,.':; -. mp ..u~nce .w~a ~e.?..o.n. Z .~!29~.a~, .d- rules igsued by. the D~ctoff'which 'sh ~II be:' ' '- '.- - .~ .~ section.2~l$0 of'this ~rticle; ...... co""-~istent wifli ~he na'---i 0f -<' ' ' .... -, -..;:, :,- -~', ; .... ,.-.-r .........",-' -_~,~ ~.:, .... ~.~ .. me tn~ :eeo- '- .-~ - . '.. -- .; ....... ... . .. - , .. .--~ . -: / i~ ' ' ' ' " '7 .: . . ' ,.. -,. ' ,?*"PPEI~ : t~-Cont/nued (4) Iff the ente~?~ "=:'~ '- h a foreiKn corpo~a- . Frid~r,, City~:holidays excepted~) . Appl/ca- t/on, a certified copy of the "'t/on forms sha~l be supplied by the' .D/- Of authority to trznsact business /n rector, The intended operator shall be re- ~this sta~e, together w/th -all a3nend- quired to ~/ve the following information on ments thereto; the appl/cat/0n form: (5) If the enterprise is a lira/ted partner- ~. (1)' (i) The name, street address (and sh/p formed under the laws· of Texas, a -~ . -mailing address if different) and Texas certif'md copy .of the certificate of limit- 'D~/vers L/cense number of the intend-, ed partnership,- together w/th al] : . . ed operator, and any and al] al/ases; amendments thereto, filed in the office (/i) The name and .street address (and of the SecretarT of State under the :. m~ilittg address if different) of the Texas IJmited PartnerShipAc~(Arficle "; owner(s); 61'~2a Yernon's Texas Civil Statutes); ~'='(2) The name u~der which the ~nterprise (6) If the enterprise is a-foreign limited · -. ' ' .-' is to be operated and a general descr/p- partnership, a Certified Copy of ~J~g cer- ;~:" ~'t/ofi of the services' ~ to be ~ro~ided; ':"" -- · tificate of limited partmersMp and the · ' ..' '~ '($) Th6 telephone' number of the enter- ~: qualification document~, together with. ~';-:--.prise:'. '" ......... :;:" .":'"' :'~?' · .. all amendment~ thereto, fled in the -. -:"(4) Th~ address, and l~Kal descript/on of .-:-'; office of the Secretary of. State under ' ' the parcel Of land on wh/ch the enter-' '::' · the Texas L/m/ted Par'mersh/p Ac~ .! :',.~:..prise .is to .be..locate.d; .:..?-.-::..'~:..: ...: - ..' ..: t/cle 6182a Yernon's-Texas Civil Stat- ' ~.. (5). Th~.dat~ on .which the owner(s) ac- . --' utes); -.':: :'-:?::..~ '.:,':': ---. ' - .;: '~.': i. :!' {7) Any of items. (2):through (6), above :',~' .-.-. permit is sought, and the 'date on:' ;'~i" shall 'no~; be' requlved for 'a ~.~ewal ?-'. · ~-: Which' the enterprise, be'gan operatio~ ...... ': . '" application if the applJ~-t states that ':::-: as an enterprise at-the'location /or ' the 'documents'previously '/am/shed .: :-~.' Which the permit is sought; and-.~ .... '- "'-'" th~"Direetm~ with the original aPPlim- · ' "~c (~) 2, 1bt of'all employees or contrac~r~ '"'" :' ti0n ok previous renewals thereof -re-' "::- .'-.L' involved iff pro~ding the services to'be' '( ~' -'::. main ~orre~ and current. : .:- ' ¢'.-.~--'.m: ..... .... '--~/": provided by.thb enterrri~e:~:~ :.~.-i-.-' ':" '" ' ' ..... ; .......... ' "- '" ' .'- .- ..... ...... -:-.'.'"-" The a' T'.. :~'.;;:: (b) Tl~-appli~ation sha~l be accompanied meni'under'oath tha// ':: : '-' :" ":' :':'='::"~-:' i! ': ::. (x). the.. rrli t. ' ~ (1) .:Payment m xun ox a xee o: ~) r2xee '~.'" -- ~' · "· . ' ' =':':: of the in/ormatlon conmined in the ap-. ~....' ::~'jd__h~ared fx~:y dolla~,($SS0) for-~ orig-:..-'.-'~? vii~afio~-~a~d that/h~ h/oma{ion ~" -4:4~..4~1 arpli~aUoi~.or 0'3 one hundred dol- "='"" '~ained th~in i~ true a~d ~orm~ a~' J:' :' .-::.~ ~ ($~00) ~or.a' m=e~,A.~rrlic~Uo~, ~ -.':<- (~i t~ '~,-li~t ~ ~ ~e -~ : :~-'?~'~he~k Or-money order, which' fee shall "~':.:..: :. --:--:. - .::,"-:..'.-. ~L-.:~-.-.'.'- ;' :",'.:. ...... "'' ' 1 .... .'-:':'.not be refundab e Under ~ny. eircm~ ..~ (d) ~ ieparate' applicafion and :' permit :"..'~':-?":-' stane~s;': :...::4 :-; .- .x'..-:: .:: :~.?. ~;.:::.,:. .... ~.--... ~h~ be.required for each enterprise.:-. ..~ ..;" (2) ~ e~¢mea'~o~ of~e/~ed ~4ge ' SeCUo= ~s-~.': r~,~ off,it' ~&~- ~.: - ::' ~-~d-~ s,~in~-'-o~:-~ r~of~io~ ' '.'~'~'~u.~'~a~a.i~;'a' ~;~ad' ~f- .~ ._.:.,~-- .... ......... -: ~l, . perrm ' -.- -4:-' merce Code, Chapter 36) if the enter-, revoke or 'surrenderS' 'Each 't ~".: ~.'.; ~...~umed_~p~m. % ...-:~;.:.:~h'.,,~..~.~':~.'.~,:.?~:..'.;::.. tion date by-the.~i-g of-a~newal arpli~-5: .-~ ....-..:'~',.-.:h:~o~, .a..cerfifi. ed copy of the arfiele~ .of.'. fiona.m~t _be filed.at 1Ex.~ twenty (20):day~. tog th r or to the =r on o: the !1 ' -.' .' ',-~5 ,xnent~ thereto;..=,.-.:: ,; ~.',,:-:. ::.=...~.~.,' that h to b~ reaewe& '.-~.'...'- ,.-. -.,:,;~.:--'=~:.:. which ~ desired p~m~y for ling, ~e ~eol~, or .... slip'g, C~g, an~ ~fing ~e~. A (iv) ~y ~mb~afion of ~e forego~ is desired primely for --' or, -' (2) Hum~ ~le geni~ls ~ a.ffis~ibty ~ c~ e~ s~, even ~ ~mp~e~iY and opaqu~ ~cupie~ and used n~g homes, .Spe~fi~ S~l Aeti~ti~ ..... sch~ls sh~ll not.~ of.~s~on or h~ or pubic.haft, eduction .~ge~ ~ ~e play~, bu~ or fd~le bre~t 'or b~ or -.:: ~ forp~ or second~ eduction, ~ "' A'confi~ous ~g~l 'of land ~d~ eom- dude,su~,:~p~sen~fiom P~ bn. ~ :~. w~ no p~ d~ ~e ~e~ of. ~e '~eged -- o~e~e ~ed W ~y ~fior ~on of. offeme, ~s a pe~t w~ ~e~'~o~d ~' *hate to pe~ the eas~'~or enga '*-- in ~~'_ .. du '.ti~ of ~ Director' ties' in the t~ _~n~e of customers, f"~, b' " -under this' .~.cie_ ~ 'specif~l se activi- ~e en~ s~a~ of a si~, on one side, , ~ ~ of ae physi~ s~a~ of a " ~,~.: phy s~a~ sh~l n~ ~dude ~e si~ ven~r, d~r, fen~, ~f, ~f core. g, or ~Y' ~mon who ~nde~ any senqee., Li~Da~Ca~ C~ n ~ es~b~hment' or wh~ wor~ ~ or aMut whe~er si~a~d ~ ~e .Ci~ or no~ work from ~e o~r or omer of ~e ' ~ ~elve (1~) ~l~n~d~ fomn ~ ~e.o~er or o~r of ~e fa ad~t lo~se, adult mode~s s~o, or ~y ~lesi' of whe~er Or not ~ fa~i~ ~b~hment whose major bus~ ~ ~e o~d for.a p~fit or ~ for ~e .-. off~g ~ c~me~ of 'a e~ (2) ~y. b~m~ - ~nt (10~) or mo~ of ~e ou~g [~,~? ~d ~ '. ..~ ..  such customers. ': " ~.- gt~ .~]c~tion to maybe served or sold. ess of figure intent or sexual customers and who or ~'. wMle ! ~_.~:- 3m establishmen'~,' ' containing., a' room ~.: with tiers or rows of ~e~ts: facing a.screen, . ~:~_. or ~rojecfion area, Whose major, business is i~--.!...-. '~the ~d~mition to ~Ustomers of'm°tion Pie- · ~.~-'~ "_ t~es Which'me'intended to provid~ sexual ~'~ ·" stimulation or sexua! gratificatiO~t6 ~uch .?~_: - . .... . . - . . · . ~). ..... customers and which are dist~guished by ~'~ ..... .~a] areas?. ' -.': -~'. ~-~":-c --.:-/'.*~: - ~'~' ":--. . ing onto public~ff~ ;rt~,,: a Put ~ay, or a common ares. ~' ' " "'. Cond~zct AnF Busine~ In An Eh'ret- who does any one or more of shall be deemed to be con- dUefing in an enterprise: I. cash drswe~- or other ~ on the enterprise. premises funds or .:- credit ...... ~ny man- -. net ] ' the establish- -:..-. merit or the ,-... -~.therein are kepf~..,. ~. ? .-,- .-..::.. --. 2. displays or takes, orders from. any : customer.- for.- any....-~ merchandise,- ..: goods, entertainment or other servie-' .::....~._.. es offered on the enterprise premis- ~."-' .... esi- : :~' _: 2: -~ .r:.: ...... .. .~..~ :.. 8. delivers or provides to any customer '.~. :c-any-merchandise, goods, entertain- L-.':.-'..,;.. ment or other services offered on the .h~z_'. -, enterprise-prem~.~es; -~. ::-, ~:-:..:.?:,~. . j :~'4~-' acts as a door a~n~iafit'to regulate- enu-jr of-~ustomers -or other persons "-'::" int~ the enterprise 'premises;' or''~-' ~::- ......... ~ .... : ~ <-.~d~ervise~ or n~an~e~'o~e~ persons ...... -~: .~ m the perforinanee,..of an~'-Of, the -::~iL. prermses...'. . ....~.~-:c :..~..; ....... . .)..... · ' : ' .... · '- _~-~-:~?:-.~-:-~. .... ~',::;:..~i:*-';~-Z-.':':.-.'.,: .... ,~-'[-:..':[-.:'-' -~-e~ .The.applicant for I permit:shall be-the - An;.,~;4'2~, ~-7"' ':4"' '. ". ;' ' '"?:" '..-- "::: :~;.L--- . - intended operatg, r of the enterprise_. ~-$.,- ' - : ................ '-' ...... "- '~ .~: - ~ - ' -:-' (1) is 'allowed to enter a 'regulated estab- ~,::.. ~.,: Clz~k:~,...:: .:~,:,: ::.~-....-.-- ,..:,:[..?~::~..:: .~: .... -. =e-- . .... ;: lishment' 'in return for th~' payment ~ .... ' ::'" Z';i,e~ie.';' :;~" '" ' "' :r<. "'Cit~'" or 'not, in' which~ persong' reffularly c..:.-.;,.of consideration or ffr~. tuity;, or ~?.[~:....r "assemble.-for'V~eligious worship' intended ::'-.'~(2)'~nte~';;'a-,,regulat~d.---~st~blishment,_-:'. :.~. .: primarily for'purposes..connected with'such - "-.'-. 'and n~'r3~ses'"rer~t~ ~- ';,+~-~-~^ ~r-:-- .frm of,religious behef, ......... · ......... - ..' --. . -. ~?.).i :.:'...!: ~,. ~,~,~...c~...~.,.....,.;:~. :: '---.-':. ie~th~.~;.-:~.-:~::..:~.-.~<a-..-. · ...-. mg three (~) or more separa~ prem~-~es, '"~:'-:'~-mg-as~Inivate' Club.-l%'.~-,~,'::~:.,ro:~.-. >::.' .... '-. eli. - ,,~-.~,1~-~.~.,o_ ..~g~,~-.~.-t-r~ ~_.-~:~__.~...~:~4~t~ .~- ...~,.,~...,-; . ~.:,... ... ~.~ of. ~,, ome~ hs ~e~e or ome- .,. _ _..- - .-.- . ;- ...... : ::.. ...... .-....;.,~.-....- ~.F'- '. '-Wis~ for'~'e' a~ ......' ..... '" ........... !,:.: .Z~r~4l_ ~o~._~-.~-.~: ?..~:.:.~.,-.::,, ..~.~,,. ~a~.-.~,, .-.. ' .... £: .: ..... p ~.~ occupancy er conti-ol an.cl... : ..- v., · ..-:. .......... :. ,--..-: ........ ~ ~ . · . L." -' ".l' having':its:ewii iioo~' or ~-ntr~wiy"epen-.'::'"ef tlle'?olf~e ~)~:n4~nt'~' li~!'m~v· d~Siv-: [. :-('~ :;;, .-. ...- ~ . . f-_.,-. · . ~ ..;-' -::- ..: . ---.: ., · :...:. : . -; , ;..' .. ,;~, · .... ~., . . ...... · ..'-- . ". ..... ' - - .... '.. - ,a~- :..'. -,- ..... . ' , °- C Il f": '~ ]tegmxiing the ~ lent of Ordi~ '~'83-. Chapter ~ 28 of ~ ~e of O~in~' _~, ~1 .- :- 18~ gt ~ ~Ub~ h~ on ~m~ i7, w~ ~ ~ folios:. ' ' ~': such c~ -'.~, ~e ~m~ ~ ~mp~ed · ' .... "'~C~ HI :" ~:, Adul :: ' '~ ~'~ a supplemen~l ~ ~ S~AI,l,Y ORIEN~D BUSINESSES ~ ~d ....... ~~. '. whi~ .~'fm~ p~o~17 adopmd ~ma~ yah ~ ~de, ~e follo~g wo~ ~d ~m~ ~de i~ .~d ~..:%0' ':' .--'~ ::':-: - - ~les~ ':' ~e s~ly ofien~d ~e~l en~-'- ~ge cl~ly ~di~ms ~o~er-m~ ;~" ' '-~ ~g ~hoHc.~9emge'li~nses and : Achrgmat~ '''' ' '"' " .................. -' moa, p.:. ~i~ '~e~-} ~. same ~uen~ on ~lorles~; l~g ~ ~o; or-hue. [-~'~ of p~ ~. -.: ~ and ~, have ~e ~me effea .. Wi~out ~aon, ~y shaO M' ~dude~ ~'- . ] ' on ~ ~u~;.~d ~n~3u~.~ ~e' but wM~ ~d bla& s~ M ~cluded ~m: il::" ..... ' '~ose w~& do'hot se~e '~eOhol, ~d ~at ~"'Ad~it: Bo~:~'- ....... ":':"'L' "',"':':: ~ ;i:::; -:,.'".. "'L' ' . l~:: ~pla, ~..'_' ..-"~-~ho~d'~ hclud~ h ~e' s~' of.~e :c.' ........... .... r'-*:,:::.,: .~:: .,-i..-: , k~~- ~' being ~['-; ""~ '~d ~e m~fio~ for s~lly ofi~'d ~; ~ ~b~haeht Whose' majo~ b~ess : [~-.- ske~h ;[ - ~mm~ en~; ~d-,.:: ....... · % -. - ~ ~e off~g ~ cus~me~ of b~, mag- ~L i.b~ o~ i[~~ ¥' ~e 'de~ of .~d ~ p~og '.~d -.~ded ~ p~de s~'s~fioh or s~- E'~c' ' ~ -.-- - ~1 ~fio~ ~ Su~ c~me~, and ~.~.' : . ~~, ~fien~ M ~e. o~fion . - .. .... ~-.-. . · ......... . ~-- - .... . ..... .. ~'.~' ~."'~ '~8mlnC~fi~e' '~pm/em~ ~d s~bmg or.~la~ff ~. '~ed s~ a~, ' 'il} ~dUde' ~b~~ '~'.,~ha · · ' ~wm~ m m~noep ~ p~oe s~- - ~ .M s~a~on, or s~. ~~on ~ " ~o~ ~b~' io~ ~' ~ ~ --'2 a ': smmem, ~o w~ ~ ~~neo '- " P ' Y ' ~m~'' b ' " "~:'::~" : '-' (31Y~ "~'-gdmlnin~fivg, eh~p,"' y or ~c~ by ~ emph~ on mat-.' .... _.___~_-. ~ · . .. .. '- ~o' ~u~: ~ '*~'~ "h ~:c o~fioa- ~--' ~'m~o~' '" ' depi~g;~'. des~Shg: or" ~h~. g. ~ ' . ..... ~ ' "· · · ~' t' ' . " s~ s~ a~fi~, 0r spewed ~ : "... Now, ~0RE,-.. _.. ~, :',~'~.: ......... , . · - 0~~'.BY T~ CI~ C0~- ... .... , .......... l~;;:.......= .:.,p ... · ~: '; ~:~.,. ~; ~:: ":~.4¥ ;Z'C':..:~i,~..::;;:: ;;':~' ,:'~. d:'i :'.' ;i: ":- "'-:'". ', -"? :-'.-:, .~:': '~:C '7 r ..... :-' :~ .-~ 'L~':'i-Y"?~''~ '<'".: ' :'-~ '=:' ~:::-~:"~:~C-' '~'~b~g whose major b~hess, c'-~ ~ -. ' .a ~on~i~t~e ~'~d ~L'L -~, :.-'.' · · · .- '. . ' - ' .; -_, .....o~ s~ o~ m~ ~ble.~ ~ 0~7::-e~ ~ ~n~,--~, pr.~b~. " i~-'?.*-~ -- - .... ~. .- · ~ . .. ~ ~ . ~ . ~. , -,-~.,': ~ ~ h~by~d ~e. ..~ ...... --z .. -- -. . · ........ ~ ~ ..,:~.s~.~fi~,~ or~ ~e'p~s~ of - - : -.:Zi '..' .~.~8 ~e.a p~ h~f for.~s~".-'iu -..' "' - ~. . , . .~- -~.~:: ---:~.~-~ ~ - .... , ................... . ~.i- ~,.~m~,. or.who ~phy.~'~efl ~:~ . ..-'~::~(~':$~°n -~ .~6~', ~} of '~e [" ana~'.~' ~: ~e'p~. of .sdS. -:- ~-. .~ ... .... '.':-.....ff~- -. : ' . ~.. - : % . .; .- ~. --..~ . .... ... -- . ~ t -. · ~ . . . '. . l~- t~_.?~.~..--.: ' ~'..' 'T.- --~.' .-* '--.- :; . ! '-- ~'- .... ' : '_.. -. ~. '.'. -- . . ' ~ : .- { ' ':..~-:'~. a~...e ~.~'~.':~ - :,-.'~' ~ ~ 2''-.:.L": ."--:'';'c'..ff '"~ ...... ' ' : . . ' .... ~ . ..-.." ......- ' . . :,.~- ,:".,., , ,,-'...--.-_: ,:... , '.., , :;'..-.,- '-'~:...~.' . ~, . . - ...- . _. ,;~ . - . . .-,- ... .. '. .,,.'~ ,.,~ . . '.- (~ sm. r -.: crrY o~ ' '~F' ~.~. ~,.:% .... .,~ ~ - ~~~1~:. ~- ~ ~"' ' ' .,. . ~ ":.7 ...... ~ ~d :s~ ~ ~n~ of ~y 1175, ..T~ au~o~~ hom+~e ~ ~ ~-. ~d" · ..~' -:~' ' .... . " - .~ ~e l~on ~d ~n~l ~e ~ndum of, ~R~, ~ ~,,n~ ~& ~t. se~- ~.. ~~, ~de 1175, ~on :..,:.'.: ~:vised Civ,.Statutes .of the. State of. iTe~ ~ .? authorizes: h°me-rule, cities .to .adOpt, by or-. '.,~ ~:~' "of~o~erci~ ':. enf~-pr~'~"whoSe -m~jo'r :, '; ,_.. ~?. ::..b,,~,~. t~. o.~.~,;~, o~ ~"',~' ,~' ~" : ~ ~,~,a~.~o ~o,~a, ,~',~,~o, o~ " .L.~. : ~::.~m" ; ! ,7 .. '. ~..:...~ . . : tl~t the -. .i the the +~he ' ~s Se~oa -'-'..~::.""oa surr3und/n¢ areas, yo~w~, W~A+r .- -Ordinance is sufficientJy narrowly dr~w~ ~' e.).'.' {~laintiffs' claim cf preemption must for adequate compensation for preexisting fsi1 for the foregone reasons:'. '- '.-' . "~ '-~on~nforming busin~s~ while serving th~t."if any p~ovisio'n, section, subsection, verse secondary effects of sexually orient~ sentence, clause; or phrase' of this Ordi- ed businesses on the surrounding communL .. . nance, or'the application of-same.~o any ry.- Accordingly;--' '~:: -:~ "; .... .-": ' ' person or set of circumstances is for s~y It is' OP~DEi~ED; A"D,IUI)GED and' DF:- . - reason{ held 'to be unconstilmtional, void or ' CI~EED that Secifions '. 28-1~3(a)(1)~'+_ i~vaUi~ the'validit~ of the .remainin¢ po> (aX6) and ZS-3,?,5~)(B)'.ir~ unC%stitutio/,al ' ::: - dons of this Ordinance or their application- and the Defendants are perm~enfly en~ · :,::: "to-'uther'persons or sets of .circumsUmces jGined fr~ni 'applying those Sections. .-j~:--:;~- shall'not' be affected...-."' ' For the above It is further. 0P, DEBE13~: ~DYUI)GED ~,>-~"--:' ~ss0n, the Court's invalidation'of Sections ' 'and DECREED that Sections 28-123(a)(1)(i) : ~,-.j;.; ~s-3~s(ala)(i) + (aX6) und ~-~ZS(b)(S).does .:_~_-~ot-mvahdate ~che-entire .Ordin~. c~. ~ '+ (a)(6) and'28-125(b)(8) are 'severed from - t~.'.above Sec~ons ,tull be.,l~vered, from-- ,' i.;the ' CiLT. of ~qonston.. Ordhmnce.. 86-32~ . . ' : ,,..:~:-~; ~u~de'~ddresseh substant~l ~overnm~nta] . Ordh~nce $6-~2S is hereby D]~m~'."-f-' k' ' :c tra]-~nd designed to genre the Ci~s inte~ .-:.~. Ci~' of l~ouzto~' Tex~s Or~b~c~ :: :. ,.::::ff?.~.~'Inl:toluc~:'te 'you-thef'o~di'nanceL-set out below wibh the request. ~ '. the : late the ~."-' among places :'--'- tion '"-'. ~ the borne-: .L~.:~ · :--'~-'~sed ORDinAnCE ~O. An o[dinance amending the *~Dallas. City Code, as *amended, ~y adding CHAPTER 4lA, 'SEXUALLY ORIENTED BUSINESSES' to be comprised of Sections 4lA-1 through 41A-23; repealing Sections 31,24 and 31-26 of the Dallas~City C;de; providing definitions; providing fo~ licensing and regulation of sexually oriented businesses; regulating the location of sexually oriented businesses; providing for enforcement; providing a penalty not to exceed $1000 for certain offenses, and designating certain- other offenses as class B misdemeanors; . providing a severability clause; and providing an effective date. WHEREAS, the city council makes the following findings with regard to sexually oriented establishments: (1) 'Article 1175, Section 23, of t~e ReVised Civil Statutes of Texas authorizes home rule cities to license any lawful business, occupation, or calling that is susceptible to the control of the police power. (2) Articl~ 1175, Section 34, of the Revised Civil Statutes of Texas authorizes home rule cities'- to enforce all ordinances necessary to protect health, life, and property, and to -preserve the good government, ocder ~and security of such ci~*ies and their inhabitants. ~ (3) There are a substantial number of sexually oriented. 1 businesses in the that require special ~ervision ,from the public safety agencies of the city in order to protect and preserve the health, safety, and welfare of the patrons of such busineses as well as the citizens of the city. (4) The city council~ finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature. 45) The city council further finds that the city police have ~ade a substantial number of arrests for sexually related crimes in sexually oriented business establishments. (6) The concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses'in order -to protect the health and well-being of the citizens. (~) Licensing is a legitimate and reasonable means of accountability to ensure-that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation (8) There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing bUsiness~s~ around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values. (9) It is recognized that sexually oriented businesses, 8 r4 ] 1.q due to their natur~ lave serious objection&~ operational characteristics particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent areas. (10) The city council desires to minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods, deter the spread of urban blight, protect the citizens from increased crime, preserve the quality of life, and protect the health, safety, and welfare of the citizenry; and WHEREAS, the city council makes the following findings with regard to the licensing of sexually oriented business establishments: (1) The city council believes it is in the interest of the publ'ic safety and welfare to prohibit persons convicted of certain crimes from engaging in the occupation of operating a sexually oriented business. (2) The city council, in accordance with .Article 6252-13c of Vernon's Texas Civil Statutes, has considered the following criteria: (a) the nature and seriousness of the crimes; (b) the relationship of the cr~mes t~ the purposes for requiring a l~cense to engage in the occupation~ (c) the extent to which a licens~"~'might offer a~ opportunity to engage in further criminal acti'vity of the same type as that in which the person previously had been involved; 3 and (d) the relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and has determined that the crime~ listed in Sections 41A-5(a)(10) of CHAPTER 4lA, 'SEXUALLY ORIENTED BUSINESSES,' of the Dallas City Code, as.set forth in this ordinance, are serious crimes which are directly, related to the duties and responsibilities o~ the occupation of operating a sexually oriented business. T~e city council has further determined that the very nature of the occupation of operating a sexually oriented business brings a person into constant contact with persons interested in sexually oriented materials and activities thereby giving the person'rePeated opportunities to commit offenses against public order and decency or crimes against the public health, safety, or morals should he be so inclined. Thus, it is the opinion of the ci'ty council that the .listed crimes render a person unable, incompetent, and unfit to perform the duties and responsib.ili~ies accomPanying the operation of a sexually oriented business in a manner that would pr6-mote the public a e y " s f t and trust~ (3) The city council has determined that no person who has been convicted of a crime listed set forth in this ordinance, is sexually oriented business until in .Secti_o_n 41A-5(a~(10), as presentl.y fit' to Operate a the respective time~ periods- designated in that s~ on have expired. ~- (4) It is the i-ntent of the city council to disqualify a person from being issued a seXually oriented business license -.by the city of Dallas if he is currently under indictment or misdemeanor information for, or has been convicted within the designated time period of, any of the crimes lis~ed in Section 41A-5(a)(10), as set forth in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the Dallas City Code, as amended, is amended by adding CHAPTER 4lA, "SEXUALLY ORIENTED BUSINESSES,"' to read as follows: "CHAPTER 4lA. SEXUALLY ORIENTED BUSINESSES SEC. 41A-l.' PURPOSE AND INTENT. (a) It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and' general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented-mate%ials protected by the First Amendment, 'or to deny access by the distributors' and exhibitors of s~xually oriented entertainment to their intended market. (b) It is the intent of the city council that the locational regulations of Section 41A-13 of this chapter are prpmulgated pursuant to Article 2372w, Revised Civil Statutes of Texas, as they apply to nude model studios and sexual encounter centers only. It is the ~intent of the ~ity council that all other provisions of this chapter --are promulgated pursuant to..the Dallas City Charter and Article 1175, Revised Civil Statutes of Texas. 5 SEC. 41A-2. 19196 DEFINITIONS. ; In this chapter: (1) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or 'specified anatomical areas.' (2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: (A) books, magazines, periodicals or printed matter, or photographs, films, motion pictures, cassettes or video reproductions, slides, .or other representations which depict 'or describe specified activities" or 'specified anatomical areas"; or other video visual sexual are designed activities.# (B) instruments, devices, or paraphernalia which for use in connection with 'specified sexual (3) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: (A) .persons who appear in a state of nudity; or (B) live performances which are characterized by the exposure of''specified anatomical areas' or by 'specified sexual activities";-or (C) films, motion pictures, video cassettes, slides, or other photographic=: reproductions which are characterized by the depiction or description of 'specified s~xual activities' or 'specified anatomica'l areas~? (4) ADULT MOTEL .means commercial establishment which: hotel, motel or similar (A) offers accommodations to.the public for any form of Co~.sideration; provides patrons-wifh closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which ~6 iWi ¥o are character .. Uhe depiction or descrip~ ~n of "specified sexual activities" or "specified anatomical areas"'; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or .(B) offers-a sleeping room for rent for a period of time that is less than 10 hours; or (C) allows %g room to subrent the room 10 hours. (5) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photog'raphic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or -specified anatomical areas.' (6) ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." ,(7) CHIEF oF POLICE means, the chief of police of the city of Dallas or his designated agent. (8) ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (9) ESCORT AGENCY means a person or. business association 'who furnishes,.offers to furnish, qr advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. (10) ESTABLISHMENT means and includes any of the following: -~ ~ (A) the opening or commencement of ~any sexually oriented business as a new business; _._ · - (B) the conversion of an 'existin~ business, whether or 6ot a sexually oriented business, to any sexually oriented business; (~ t~.~ addition of s~.__ally oriented business to any Other existing sexually oriented business: or (D) the relocation of any sexually oriented business. (1i) LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. (12) NUDE MODEL STUDIO means any place where a person ho appears .in a state of nudity or displays "specified ~natomical areas" is provided to be observed, sketched, drawn,  ainted, sculptured, photographed, or similarly depicted by tber persons who pay money or any form of consideration. (13) NUDITY or a STATE OF NUDITY means the appearance Of a human bare buttock, anus, male genitals, female genitals, or female breast. (14) PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity. (15) SEMI-NUDE means a' state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. (16) SEXUAL ENCOUNTER CENTER means a business or  ommercial enterprise that, Rs one of its primary business urposes, offers for any form of consideration: (A). physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (B) activities between male and female persons and/or p~rsons of bhe same sex when one or more of the persons is in a state of nudity or semi-nude. (17) SEXUALLY ORIENTED-'BUSINESS means an adult arcade~ adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater;~ adult- theater, escort agency, nude mode-1 studio, or sexual encOunter center. (18) SPECIFIED ANATOMICAL AREAS ~neans human geni~tals in a state of sexual arousal. (195 SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: (A) ~ _~ fondling or other er% .~c touching, of human genitals, pubic region, buttocks, anus, or female breasts,, (B) sex acts~, normal or peruerted, actual or simulated, including intercourse, oral copulation, or sodomy; (C) masturbation, actual or simulated; or (D) excretory functions as part of or in connection with ~ny of the activities set forth in (A) through (C) above. ~ (20).SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase' in floor area occupied by the business by more than 25 percent, as the floor area exists on June 18, 1986. (21) TRANSFER OF OWNERSHIP OR CONTROL of a sexually. oriented business means and includes .any of the following: (A) the sale, lease, or sublease of the business; (B) the trahsfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (C) the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for 'transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. SEC. 41A-3 CLASSIFICATION° Sexually oriented businesses are classified as follows: ~(1)-. adult'arcades; (2) (3) (4) (5) adult bookstores or adult video stores; adult cabarets?, adu.lt motels; adult motion picture theaters; _.~_ (6). adult theaters: (7) escort agencies; (8) C 19196 nude model studiOs; and sexual encounter centers. SEC. 41A-4. LICENSE REQUIRED. (a) A person commits an offense if he operates a sexually oriented business without a valid license, issued by the city f6r the particular type of business. (b) An a'pplication for a license must be made on a form provided ibY the chief of police. The application must be accompanied by a sketch or diagram Showing the configuration of the' premises, including a statement of total floor space occupied by the business. The sketch or diagram need not-be professionally prepared but must be drawn to a designated scale %idrawn with marked dimensions of th~ interior of the premises . an acCUracy of plus or minus si~ inches. Applicants who must comply with Section 41A-19 of this chapter shall submit a diagram meeting the requirements of Section 41A-19. (c) The applicant must be qualified according to the p~ovisions 'of this chapter and the premises must be. inspected a~d found to be -in complianCe with the law by the health' department, fire department, and building official. (d) If a person who wishes to operate a sexually oriented b~siness is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a seXually oriented business' is other than an individual~ each i~dividual who has a 20 percent or greater interest in the b~siness must- sign the application for a license as applicant. Each applicant must be qualified under Section 41A-5 and each applicant shall be considered a licensee if a license is granted. ~ (e) The fact that a person possesses a valid theater l~cense, dance hall license, ~r public house of amusement l~cense does not exempt' him from the requirement of obtaining a sexually oriented 'business license. At perso~ ~who operates a s~xually oriented 'business and possesses a theater license,. public house of ~musement license or dahce hall license shall comply with the requirements and provision$[-of this chapter as well as the requirements and provisions of Chapter 46 ~nd C~apter 14 of this code when applicable. 10 SEC. 41A-5. I~AN~_ OF LICENSE. (a) The chief of police shall approve the issuance of a license by the assessor and collector of taxes to an applicant within 30 days after recei ication unless he finds one or more of the following tc rue: (1) An applicant is under 18 years of age. (25 An applicant~, or plicant's sp se is overdue in his~ payment to the , )enalties assessed against him or imposed im in ) a sexually oriented business. (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately .preceding the application. The fact that a conviction is being appealed shall have no effect. ~" (5) An applicant is residing with a person who has been .denied a license by the city to operate a sexually. oriented business within the preceding 12 months, or residing with a person whose license to operate a seXually oriented business has been revoked within'the preceding 12 months. (6) The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances. X7)- .The l~cense fee required by this_chapter has not been paid. (8) An applicant has been employed in a sexually oriented business in a managerla capacity within the preceding 12 months and has demonstrated that he.is unable to operate or manage a sexually oriented business premises i~ a peaceful and law, abiding manner. ~ (9) An applicant or the proPosed-~stablishment is.- in violation, of or is not in compliance with Section 41A-7, 41A-12, 41A£13, 41A-15, 41A-16, 41A-17, 41A-18, 41A-19 or 41A-20. (10) An applicant or an applicantf~ spouse has been convicted of or is u.~der indictment o~ mis~me~.,or information for a crime: (A) involving' (i) any of the following described in Chapter 43 of the Texas Penal Code: prostitution; offenses as (aa) prostitution; (bb) promotion of prostitution; (cc) aggravated promotion of (dd) compelling prostitution; (ee) obscenity; (ff) sale, distribution, or display of harmful material to minor; (gg) sexual performance by a child; (hh) possession of child pornography; (ii) any of the following described in Chapter 21 of the Texas Penal Code: offenses as (aa) public lewdness; (bb) indecent exposure; (cc) indecency with a child; (iii) engaging in organized criminal activity as described in Chapter 71 of the Texas Penal Code; (iv) sexual assault o~ aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; (v) incest, solicitation of a child, or --~harboring a runaway child as describe~ in Chapter 25 of the Texas Pe~al Code;. ~ (vi) kidnapping or aggr~9%ted kidnapping,as described in Chapter 20 of the Texas Penal Code; (vii) robbery or aggravated robbery as described in Chapter 29 of the Texas Penal Code; (viii) bribery or retaliation as described in Chapter 36 of the Texas.Penal Code; (ix) a violation of the Texas Controlled Substances Act or Dangerous Drugs Act punishable as a felony, Class A misdemeanor, or Class B misdemeanor; or (x) criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; (B) for which: (i) less than two years have 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 misdemeanor offense; (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (iii) less than five years have elapsed since the date of. the last conviction or the date of release from confinement .for the last conviction, whichever .is the later date, if the convictions' are of two or more misdemeanor offenses" or combination of misdemeanor offenses occurring within any 24-month period. (b) The fact that- a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. (c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection (a)(10), for which, the requi, red time period has elapsed since t~e date of conviction' or the date.of release from con. ginement imposed for 'the conviction, may qualify for a sexually oriented business license only if the chief of police determines that the applicant or applicant's spous~ is presently fit to operate a sexually oriented business. In determining present fitness under this section, the chief of police shall .consider the f~llowing factors concerning the applicant Or applicant's .spouse, whichever had the criminal conviction: ~ (1) the extent and nature of his p~st criminal activity; ' " (2) his age at the time of the commission of the ~3 r crime; 19196 86191'. (3) the amount of time that has elapsed since his last criminal activity;' (4) his conduct and work following the criminal activity; activity prior to and (5) evidence of his rehabilitation or rehabilitative effort while incarcerated or following release; and (6) other evidence of his present fitnesS, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for him; the sheriff and chief of police in the community where he resides; and any other persons in contact with him. (d) It is the responsibility of the applicant, to the ext~nt possible, to secure and provide to the chief of police the evidence reqUired to determine present fitness under Subsection (c) of this section. (e) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business~ The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. SEC. 41A-6. FEES. (a) The annual fee for a sexually oriented 'business license is $500. (b) %f an app.licant is required by this code to also obtain a dahce hall license or public house of amusement license for the business at a single location, payment of the fee for the sexually oriented ~usiness license exempts~ the applicant from payment of the fees for the dance hall or public house of amusement licenses .... SEC. 41A-7. INSPECTION. (a) An applicant or licensee shall permit representatives of the polf~e department, health depar~medt,- fire department, housing and neighborhood services department, and building inspection~ division to inspect the premises of a sexually oriented busin for the purpose of ins~iing'~compliance with the law, at any time it is occupied or open for business. (b) A person who operates a sexually.oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time ~it' is occupied or open for business. SEC. 41A-8. EXPIRATION OF LICENSE. (a) Each. license shall expire one year from the date of issuance and may be renewed only by making applicatiOn as provided in Section 41A-4. ApplicatiOn for renewal shOuld be ma~e at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected. (b) When the chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have e%apsed since the date denial became'final. SEC. 41A-9. SuspENSION. The chief of police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has: (1) violated or is not in compliance with Section 41A-7, 41A-12, 41A-13, 41A-15, 41A-16, 41A-17, 41A-18, 41A-19, or 41A-20 of this chapter; . (2) engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; (3) -refused to allow an inspection of the sexually oriented business premises as authorized by th-is chapter; (4) knowingly permitted, gambling by any person on the sexually oriented business premises; --~ (5). demonstrated inability to operoate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers. SEC. 4lA-10. REVOCATION. (a) The chief'of police shall revoke a license if a cause of suspension in Section 41A-9 occurs and the license has been suspended within the preceding 12 months. (b) The chief of police shall revoke a determines that: license if ~he (1) a licensee gave false or misleading information in the material submitted to the chief of police :during the application process; (2) pdssession, premises; a licensee or an employee has knowingly allowed use, or sale of controlled substances on the (3) a licensee or an employee has knowingly allowed prostitution on the premises; (4) a licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; (5) a licensee has been convicted of an offense listed in Section 41A-5(a)(10)(A) for which the time period required in Section: 41A-5(a)(10)(B) has not elapsed; (6) on two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 41A-5(a)(10)(A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed; ~7)' .a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur-in or on the licensed premises. The term- #sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code; or (8) a 1-icensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. (c) The. fact that a conviction is~ being appealed shall have no effedt on the revocation of the license. 16 (d) Subsection ~)(7) does not apply t~ a=._lt motels as s ground for revoking the license. (e) When the chief of police revokes a license, the revocation shall continue for one year and the~ licensee shall not be issued a sexually oriented business Iicense for one year from the date revocation became effective. If, .s.ubs.equent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant m~y be granted a license if at least 90 days have ~etapsed since the date the revocation became effective. If th~ license was revoked under Subsection (b)(5), an applicant may not be granted another license until the appropriate~ number of years required under Section '41A-5(a)(10)(B) has elapsed since the termination of any sentence, parole, or probation. SECTION 4lA-11. APPEAL. If the chief of police denies the issuance of a license, or suspends or revokes a license, he shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The aggrieved<party may appeal the decision of the chief of police to a permit, and license appeal board in. accordance with. SectLon 2-96 of this code. The filing of an aPpeal'stays the action of the chief of police in suspending or revoking a license until the permit and license appeal board makes a final decision. If within a 10 day period the chief of police suspends, revokes, or denies issuance of a dance hall license or public house of amusement license for the same location involved in the chief's actions on the sexually' oriented business license, then the chief may consolidate the requests for appeals of tho~e actions into one appeal. SEC. 41A-12. TRANSFER OF LICENSE. A licensee shall not transfer-his license to anOther, nor shall a licensee operate a sexually oriented business under the authority of a- license at an~. place other than the address designated in the application. SEC. 41A=13. LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) A person commits an offense if he ope_rates or c~uses to be operated a sexually oriented busines's ~ithin 1,000 feet of- (1) a churcn; 86191.3 school; (2) a public or private elementary or secondary (3) a boundary of a residential district as defined by the Dallas Development Code; (4) a public park adjacent to a residential district as defined by the Dallas Development Code; or (5) the property line of a lot devoted to residential use. (b) A person commits an offense if he causes or permits th~ operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented bpsiness within 1,000 feet of another sexually oriented business. (c) A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing 'another sexua'lly oriented business. (d~ For the purposes of Subsection (a), measurement shall b.e made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually o.riented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot. (e) For. purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business %s located. --. (f) Any sexually oriented business lawfully operating on jUne 18, 1986, that is in violation of Subse ctions (a), b or (c) of this section shall be deemed a n ..... ~--: ..... -( )'-- v.,~v,.~vL.,~.~ use. lne nonconforming use will be permitted to co-i'%inue for a period not to exceed. .. three years, unless sooner .termihated for any reason or vo.luntarily discontinued for a period of 30 days or more. Such nonconforming uses shall' not be increased, enlarged, eXtended or altered except that the use may be changed to a c~ forming use. If two or n~ e s~xually oriented businesses- are within 1,000 feet~ of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. (g) A sexually oriented business lawfUlly operating as a' conforming use is not rendered a nonconforming use by the location, ~subsequent to the g rE sexually oriented business license, of a ~ Or private elementary or secondary school, public park, residential district, or 'residential lot within 1000 feet of the sexually oriented business. This provison applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been ,revoked. SEC. 41A-14. EXEMPTION FROM LOCATION RESTRICTIONS. (a) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 41A-13 of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the, locational restrictions of Section 41A-13. (b) If the written request is filed with the city secretary within the 10-day limit, a permit and license appeal board, selected in accordance with Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing within 60 days from'the date the written request is received. (c) ~ hearing .by the board may proceed'if at least two of the board members are present.· The board ..shall hear and consider evidence offered by.any interested person. The formal rules of evidence do not apply. (d) The permit and license appeal board may, in its discretion, grant an exemption from the loc~tional restrictions of Section 41A-13'if it makes the following findings: (1) That the locati'on .of ~.fte proposed sexually oriented business will not have a detrimental effect on hearby properties 6r be contrary to the public safe'ty.or welfare; (2) That the granting of the exemption will not 19 19190 violate the spirit an~ intent of this chapter the city code (,3) That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; (4) That the location of an additional sexually oriented business~ in the area will not be cgntrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and (5) .That all other chapter will be observed. applicable provisions of this , (e) The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. ~Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal board is final. (f) If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational~.restrictions of Section .41A-13 until ~he applicant applies for and receives another exemption. (g~ If the board denies the exemption, the applicant may not re-apply for an exemption -until at least. 12 months have elapsed since the date of the board's action. (h) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the Iocational restrictions of Section 41A-13. SEC. 41A-15. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (a) An escort agency shall not emplo~ any person under the age of 18 years. (b) A person commits an offense if he act~ as an escort or ---agrees to act as an escort for any person under the age of 18 years. · ~ SEC. 41A-16. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. (a) A n~de model studio shall not employ any person unde~ the age of 18 years. 2O (b) A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a ~restroom 'not open to public view .or persons of the opposite sex, (c) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of ~r ' nudity in an area of a: nude model studio p emlses which can be viewed from the public right of way. (d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. SEC. 41A-17. ADDITIONAL REGULATIONS FOR ADULT ADULT MOTION PICTURE THEATERS. THEATERS. AND (a) The requirements and provisions of Chapter 46 of this code remain applicable to adult theaters and adult motion picture theaters. (b) A .person commits an offense if he' knowingly allows a person'under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. (c) A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. (d)' It is a defense to prosecution .under SUbsections (b) and (c) of this section if the person under 1'8 years was in a restroom not open to public view or persons of the opposite sex. SEC. 41A-18. ADDITIONAL REGULATIONS FOR ADULT MOTELS. (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours --creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapt~er. (b) A person commits an offense, if, as ~he person' in control of.. a sleeping room in a hotel,' motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room ag~i~ (c) For purposes of subsection (b) of this section, the terms 'rent' or #subrent' mean the act of permitting a room to be occupied for any form of consideration.<. 21 SEC. 41A-19. REGULATIONS PERTAINING TO EXHIBITION OF sEXUALLY EXPLICIT FILMS OR VIDEOS. (a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities' or specified anatomical a[eas, shall comply with the following requirements: b~ d] sf tc bE s~ of fc w~ (1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the.premises showing a plan thereof specifying.the location of one or more manager's stations and the location of all overhead l~ghting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may ntt exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will ~ conspicuously posted, if granted. A professionally prepared agram in the nature of an engineer's or architect's blueprint all not be required; however each diagram should be oriented the north or to some designated _street or object and shonld drawn to a designated scale oC ' with marked dimensions fficient to.show the various internal dimensions of all areas the interior of the premises, to an accuracy of plus or minus x inches. The chief of police may waive the foregoing diagram r renewal, applications if the applicant adopts a diagram that s previously submitted and certifies that the Configuration of tfe premises has not been'altered since it was prepared. (2) The application shall, be sworn to be true and correct by the applicant. ,(3) No alteration in the configuration or -location of a Imanager's 'station may .be made without the prior approval of the chief of police or his designee. (4.) It is the duty of {he owners and operator of the premises to ensure that at least one employee .is on duty and "situated in each manager's station at all times that any patron is present inside'the premises. ~ (5) The interior of the premises-~hall be configu'red in such a manner that there is an unobstructe~ view from a manager's- Station of every area of the premises to Which any_ patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction eguipmen, t. If the oe premises has two o~~ _e manager's stations ~ .lated, then the interior of the premises shall be configure~ in such a manner that there is an Unobstructed view of each area of the premises To which any patron is permitted access for any purpose 'from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection (5) remains unobstructed by an~ doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this section. (7) The 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 (1.0) footcandle as measured at the floor level. (8)-. It- shall be the -duty of the owners and operator and it shall-also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises. (b) A person having .a duty under Subsections (1) through (8) of Subsection (a) above commits an offense if he knowingly fails to fulfill khat duty. SEC. 41A-20. DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS. (a) A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newsp}per, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for 'commercial gain or to exploit --sexual lust or 'perversion for commercial gain, any of the following: . ~ (1) human sexual intercourse, masturbation, or sodomy; (2)". fondling or other erotic 'touching genitals, pubic region, buttocks, or female breasts; of human ~ 23 (]) less ~han completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or (4) human male genitals in a discernibly turgid state, whether covered or uncovered. (b) In this section "display" means to locate an item in such a manner that, without o~taining assistance from an employee of the business establishment: (1) it is available to the general public for handling and inspection; or (2) the cover or outside packaging on the item is visible to members of the general public. SEC. 41A-21. ENFORCEMENT. (a) Except as provided by Subsection (b), any person violating Section 41A-13 of this chapter, upon conviction, is punishable by a fine not to exceed $1,000. · (b) If. the sexually oriented business involved is a nude model 'studio or isexual encounter center, then violation of SectiOn 41A-4(a) or 4IA-13 of this chapter is punishable as a Class B misdemeanor. (c) Except as provided by Subsection (b), any person violating a provision of this chapter other than Section 41A-13, upon conviction, is punishable by a fine not to exceed $200. (d) It is a defense to prosecution under Section 41A-4(a), 41A-13, or 41A-16(d) that a person appearing in a state of hudity did so in a modeling class operated: (1) 'by a_ proprietary school licensed..by the state of Texas; a college, junior college, or~ university supported entirely or partly by taxation; ~ (2) .by a private college or university which maintains nd operates educational programs in which credits are- ransferrable to" a college, junior college, or university supported entirely or partly by taxation; or= (3) in a structure: (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude 24 person i-~ av~ila~[ ~r viewin?; and (B) where in order to participate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time. (e) It is a defense to prosecution under Section 41A-4(a) or Section 41A-l~ that each item oR descriptive~ printed, film, or video material offered for sale or ~ken as a Whole, contains serious literary, artistic, po , or scientific value. SEC. 41A-22. INJUNCTION. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 41A-13 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. SEC. 41A-23. AMENDMENT OF THIS CHAPTER. Sections 41A-13 and 41A-14 of 'this Chapter may be amended only after compliance with the procedure required to amend a zoning, ordinance. Other sections of this chapter may be amended by vote of the city council.' SECTION 2. That Section 31-24, 'Prohibiting Display of Sexually Explicit Material to Minors,' of CHAPTER 31, 'OFFENSES-MISCELLANEOUS,' of the Dallas City Code, as amended, is repealed. SECTION 3. That Section 31-26, 'Prohibiting Operation of Certain Enterprises in Specified Areas,' of CHAPTER 31,. 'OFFENSES-MISCELLANEOUS,' of the Dallas City ~ode, as amended, is repealed. ~ SECTION 4. That Resolution Number 86-1-010, adopted by.the City Counci'~ March 26, 1986, imposing a moratorium on building 25 permits and certif es of occupancy, is repea.--~. ~ SECTION 5. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 6. That all persons required by this chapter to obtain a sexually oriented business license are hereby granted a grace period,, beginning June 18, 1986, and ending July 18, 1986, in which to make application for the license. ~ECTION 7. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: ANALESLIE MUNCY, City Attorney Alssistant City Attorney Passed and correctly enrolled JUN i 8 1986 6172H 500.30 TOWNHOUSE CLUSTER (Continued) Ge SPECIAL REGULATIONS. 1. Access. 2. 3. 4. 6. 7. 8. (See Section 500.20) Offstrelet Parking, EaCh townhouse unit shall require a minimum of two (2) parking spaces. Offstreet Loading. (See Section 500.19) Parking, storing, keeping of commercial and recreational vehicles, (See Section 500.18) Landscaping. (See Palm Beach County Landscaping Ordinance) Fences and Walls. (See Section- 500.15) Performance Standards. (See Section 500.i6) Signs. (See Palm Beach County Sign Ordinance) 500.31 . ADULT ENTERTAINMENT ESTABLISH'MENT (H:78-22) ae PURPOSE AND INTENT. This section is intended to provide for the proper location of adult entertainment establishments in the General Commercial Zoning District to protect the integrity of adjacent neighborhoods, schools, houses of worship and other commercial enterprises. Proper separation of adult entertainment establishments prevents the creation of "skid-row" areas in the County which results from the concentration of these establishments and their patrons.~ Be LOCATION. No adult entertainment establishment shall be located closer than one-half (1/2) mile from any other adult entertainment establishment measured fro~.lot boundary to lot boundary, and no closer than 1,000 feet in any direction from the lot boundary of any ho~se of worship or school existing or approved at the..~lme the adult entertainment establishment applies for a special exception. Any subsequent approval of a place of worship or school within these limits shall not change the status of the adult entertainment establishment to a nonconforming status. 238 I 3 4 5 6 7 8 _ 9 10 11 13 .~.. 15 .~ 16 18 19 2O 21 22 23 26 27' 29 3O 31 32 33 34 35 36 AN ORDINANCE AMENDING TF~ ZONING CODE OF PAI~M BEACR COUNTY, ORDINANCE NO. 73-2, AS ~-MENDED: CREATING REGULATIONS GOVERNING THE LOCATION OF ADULT ENTERTAIN%~.NT ESTABLISH- MENTS; AMENDING SECTION 200.2, DEFINITIONS; ~A}~.NDING SUBSECTION 608.C, SPECIAL EXCEPTIONS SUBJECT TO COMMISSION APPROVAL iCG DISTRICT]; CREATING SECTION 500.31, ADULT ENTERTAI[~D~NT ESTABLIS[~{ENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND, PROVIDING FOR .'AN EFFECTIVE DATE. WHEREAS, a largegroup of Palm Beach County residents informed the Board of County Commissioners of potential concen- tration of adult entertainment businesses in Palm Beach County to the detriment of nearby residential neighborhoods, schools, and houses of worship; and WHEREAS, to protect.'the health, safety and welfare of the county residents and under the authority of Section 125.01(1) Florida Statutes,.the Board of County Commissioners has authorized the enactment of zoning controls on adult entertainment activities to diffuse any deleterious effects of the concentration of these businesses; and WHEREAS, the addption of these controls .is the minimum necessary to protect the county's interests without unduly inter- ferring with the rights of adult entertainment business operators to conduct business; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF.COUNTY COMMISSIONER~ OF PAI.~BF. ACHCOUNTy, FLORIDA, as follows: SEction 1. Section 200.2~"Definitfons,,, of Ordinance No. 73-2~ as amended, is ame~ed by adding the following in alphabetical order: ADULT ENTERTAInmeNT ESTABLISHmeNT: A commercial enterprise which predominately limits admission to "adults omlf! due to the sexual nature of its merchandise or entertainment. Such establishments' shall include adulff %ookstores, adult theaters, and adult lounges With nude or semi-nude entertainers or employees. Section . Subsection 608. C ~ Subject to Commission Approval", of Ordinance Elo. 73-2, as amended, ts amended to include3 in alphabetical order, the following use=: ADULT ENTERTAINMENT ESTABLISPLMENT (See Section 500.31) Section 3. Section 500.31 of Ordinance 73-2 as amende is created to read; 500.31 ADULT ENTERTAI~.NT ESTABLIS~{ENT. A. PURPOSE AND INTENT. This section is intended to provide for the proper location of adult entertainment estab- lishments in the General Commercial Zoning District to protect the integrity of adjacent neighborhoods, schools, houses of worship and other commercial enterprises. Proper separation of adult entertainment establishments prevents the creation of "skid-rdw" areas in the County which results from the concentration of these establishments and their patrons. ~ B. LOCATION. No adult entertainment establishment shall be located closer than one-half (1/2) mile from any other adult entertainment establishment measured from lot boundary to lot boundary, and no closer than 1,000 feet in any direction from the lot bOundary of a~y house of worship or school existing~: or approved at the time the adult entertainment establishment applies for a special ~ception. Any subsequen! school within status of the to a non-conic C. PROPERTY DEVEt Adult enterta! developed acc¢ and special re Zoning Dtstri~ and windows~ s~ approval of a place of worshiD or these limits shall not change the adult entertainment establishment ming status. IPMENTREGULATIONS. ~ment establishments shall be rding to the property development gulations of the CG General Commercial :. All building openings, entries, ~ ~11 be*located, covered, or screened to prevent see£ng into the interior from any public<- or semi-public area.~ ~ D. FENCING AND SCREENING. When deemed necessary b~ the Commission to protect the general public, walls or fences of up to 6 feet in height may be required. The Commission ~ay also require scree.ning of at least 757. opaqueness to protect neighboring"property from potential los, s of< use or dimtniShme.,R~ of land value or use. Section 4. Sev'erability. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is found unconstituti~nal, inoperative 6r ~otd, such holding shall not -2- affect the remazn~er of this ordinance. Section 5. Inclusion'in the Code. The provisions of this ordinance shall become and be made a part of the Code of Laws and Ordinances of Palm Beach County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 6. Effective Date. The provisions of this ordinance shall become effective upon receipt of acknowledgment by the Department of State, State of Florida. APPROVED AND ADOPTE~ by the Board of County Commissioners of Palm Beach County, Florida, on the 2~ day of October lg ?8 PA~! BEACH COUNTY, FLORIDA, BY ITS BO OUN: c0RMIss 0 / // ' - ~ Chairman Acknowledgment by the Department of State of the State of Florida· on this, the 26th day of October , 19-78. EFFECTIVE DATE: Acknowledgment from the Department of State received on the $~h day of October 19 78 , at 1:15 p.M. and filed in the Office of the Clerk of the B~ard of County Commissioners of Palm Beach County, Florida., ~ APPROVED AS TO FORM AND ~ LEGAL SUFFICIENCY - County At torg~y COUNTY OF PALM BEACH, STATE OF FLORIDA CLERK OF CIRCUIT COURT I, John B. Dunkle, Clerk of the Fifteenth Judicial Circuit Court of the State of Florida and Clerk of the Board of County Commissioners, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 78-22 amending the Zoning Code of. Palm Beach County, Ordinanc~ .-.. No. 73-2. as amended. Given iunder my hand and the Seal of the Board !of County Commissioners of Palm Beach County, Florida, at the County Courthouse, West Palm Beach, Florida, this the 30th day of October · A.D., 1978. -JOHN B. DUNKLE, Clerk of Circuit Court and Cle/~k of the l~ard :.°..~tY C°F, issi°n'ers- ,~J. Paul lca-i-d - Comptro lie r/Deputy- Clerk SECTION 4 We have learned from talking with personnel from other Counties, that when new Ordinances were passed, some bars found ways to circumvent them. For example, Hillsborough County passed an Ordinance preventing alcohol to be served in areas where topless dancing 4 was conducted. Bar owners then hung curtains, which divided, a room into two (2) areas. One(l) area was for the dancers and the other "separate" room was for serving alcoholic beverages. County officials then had to amend their ordinance to cover the "entire premise". Tn other areas where Ordinances prevented topless dancing in bars (where alcohol was being sold), the bars became private "bottle clubs". Technically, no longer selling alcoholic beverages, but selling "set-ups" (mixes/soda) while the patrons supplies his/her own alcoholic beverages. Conversations with the Florida Division of Alcoholic Beverages and Tobacco revealed that there are no State laws to govern "battle clubs" and thereby they have no jurisdiction over same. St. Lucie County officials advised that an impact study of the property values, to show depreciatio~_.of the properties surrounding/adjoining the existing topless bars, 'had to be submitted with the proposed ordinances. These studies are part of the process of getting new Ordinances passed. The St. Lucie County Attorney stated that the studies ~o not necessarily have to be within the area in question, only that three (3) separate studies must be completed/obtained. L. THOMAS GIBLIN I~IARK T. MUSTIAN ROBERT L. NAI=IORS GEORGE H. NICKERSON. JR. BETTY J. STIFFENS GREGORY T. STEWART JOHN R. STOKES ART WIEDINGER Nabors, GIbLiN, STEFFENS' ~ NiCKERSON, P.A. ATTORNEYS AT LAW I0(~ SOUTH MONROE STREET TALLAHASSEE, FLORIDA 32301 TELEPHONE (904! 224- 4070 TELECOPY {904) 224-4073 LINCOLN POINTE, SUITE 1060 2502 ROCKY POINT DRIVE TAMPA, FLORIDA 33607 {8i3) 885-7777 611 N.W. 60TM STREET. SUITE D GAINESVILLE. FLORIDA 3~607 { 904 ) 371 - 9551 Daniel McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Room 106 Ft. Pierce, FL 33482 May 15, 1987 Re: Adult Entertainment Ordinance 'Dear ~:losed please fin~a s~mmary prepared by my Clerk of the. I believe the summary.kkgive~ a good review of the' particular of~Un~necSe.Of each study whic~be relied upon in enacting your GTS:pa ~. Stewart Enclosure _. - MEMORANDUM TO: FROM: DATE: RE: GREG STEWART LIBBY WEST MAY 13, 1987 ST. LUCIE COUNTY ADULT ENTERTAINMENT ORDINANCE I. Introduction to Adult Business Studies Three studies are summarized here: Austin, Los Angeles, and Indianapolis. Each city used almost identical methods of conducting the studies. Four to six "study areas" were chosen which contained one or more adult businesses. A corresponding "control area" was chosen which was in close proximity to its "study area" and had similar zoning and population characteristics. The effects of the adult businesses fell into two major categories: A. Incidence of Crime B. Real Estate Values The businesses negatively i~pacted both categories. crime appears to be the most empirically su~pbrted. II. However, Austin, Texas -- Adverse Effects of Adult' Businesses A. Incidence of Crime This study divided crime rate Calculations into two groups~ (1) "Part I Crime Rates," including murder, sexual assault, aggravated robbery, attempted murder, burglary, and auto theft. (2) "Sex-Related Crime Rates," including sexual assault, prostitution, public lewdness, and sexual abuseof children. The study did not show any clear patterns in Part I Crime Rates in the study areas as compared to those in the control areas. A definite pattern was reflected in the sex-related crime rates. Sex-related crime rates in the study areas ranged from nearly two to almost five times higher than the city would average, The study also showed a positive correlation between these rates and the number of adult businesses in an area. For example, study areas 1 and 2 each contained two adult businesses, while 3 and 4 each contained only one. The sex-related crime rates were 66% higher in areas 1 and 2 than in 3 and 4. B. Real Estate Values This study was conducted by sending questionnaires to ~ real estate appraisers and'lenders in the area. Seventy percent of the respondents indicated that adult businesses have a negative effect on property values. Thais negative effect is different, though, on residential areas tha~ it is on commercial areas. It also decreases as the distance increases. (1) Residential Areas Eighty-eight percent of the respondents felt that an adult business would have a negative impact on property 2 ~ located within one block. When the distance between the adult business and residential property increases to three blocks (100 ft.), only 59% of the respondents felt that the property would decline in value. The respondents' predominant reasons for this decline were concern for children, movement toward a transient neighborhood, and fewer "willing" mortgage underwriters. (2) Commercial Areas Only 69% of the respondents felt that the value of the commercial property within one block would decline. And, as the distance was increased to three blocks, only 41% felt that there would be a decrease in the value. The final, significant finding was that the negative impact was not as great where there was a sinqle adult business, rather than a concentration of businesses. II. Los Angeles, California: AdverSe Effects of Adult Businesses A. Incidence of Crime The Los Angeles Police Department study found a positive correlation between crime 9nd location proximity to an adult business. The study was made Q.f the ~ollywood area since it contains a high concentration of the ~stablishments. The study compared crime rates of 1969 through 1975 because the business appeared and proliferated in_Hollywood during the p~riod from 11 to 88 such establishments. Part I Crime Rates (same as.in'Austin Study) increased , .2°. However, the significant 7.6% while the City increased only 4' ~ increase was in arrests made for prostitution. They increased 372.3%, while the city increased 24.5%. Along with the increased crime rates, the police deployment~ in Hollywood rose by 30.6° and citYWide by only 21.2%. B. Real Estate Values This study was. conducted by sending out questionnaires to real estate representatives and appraisers similar to the< Austin Study. The respondents overwhelmingly agreed that adult businesses have a negative impact on property values. However, the study also calculated the change in the assessed value of property located within a 1,000 to 1,800 foot radius of the businesses. The findings were inconclusive. ~lthough the study areas generally tended to increase to a lesser degree than the control areas, in several comparisons the study area's value increased by a much larger percentage than did the control area*s value. The Los Angeles Planning Department felt that the evidence was insufficient to support a conclusion that the adult businesses~ were the primary cause of the patterns of change. C. Neiqhborhood Concerns Deleted: Major concerns were fo~ ~children, women, old~ people and aesthetics IV. Indianapolis, Indiana -- Adverse Effects of Adult Busines_ses A. Incidence of Crime This study compared six study areas to six control areas; two zoned residential, two commercial and two mixed. First, the study compared major crime rates (same as "Part I Crime Rates" in Austin Study) within the areas. Within ~he study areas, residents were exposed to a crime rate that was 23% higher than the control area and 46% higher than Indianapolis as a whole. The interesting (and probably unexpected) finding under this category was that the actual impact on the residents (crime per 10,000 of population) was 74% higher in the commercial control areas than in the commercial study areas. The impact was almost equivalent in the residential areas. More anticipated, the impact was 127% higher in the "mixed" study areas than in the "mixed" control areas. The study gave no explanation for these results. Second, the study compared sex-related crimes-in the areas. The sex-related crime rate was 77% higher in the study areas than in the control areas. U~like the impact of major crimes on'areas, the sex-related crime rate was uniformly higher in all land use.categories of the study areas~than in the control areas. As in the previous two studies,-'-~here is a significant, positive correlation between adult businesses in an area and the frequency of sex-related crimes. Finally, crimes occurred much more T~requently in residential areas with one or more ad~lt, businesses than in commercial areas 5 with adult businesses. Major crimes occurred 56% more frequently. Sex-related crimes occurred four times more frequently. B. Real Estate Values By comparing real estate listinqs, the study found tha~ the residential housing base was substantially hiqher in the~_ study areas than in the control areas. However, the proper~ values in the control areas appreciated at 24.7%, while in tk study areas the values appreciated at only a rate of 8.7%. The study area also had abnormally high real estate activity. T~ 4~, but fell by 80% in activity increased in the study area by ~ the control area. The study also surveyed real estate appraisers. Th~ responses were very similar to those received in the Austin Stud~.' (1) An overwhelming majority of respondents agreed ~hat adult businesses negatively effect property values when ti business is within one block. The effect is greater on residenti~ propertY than on commercial property. (2) When the distance is increased to three block~ the majority of the respondents felt that there was no impact ~n property values. ~, (3) The reasons given for ~he decrease in~-pr.oper~'~ values were that the businesses attract "undesirables," they "~and they offend~ prevailin~g "create a bad image of the area, _ community attitudes. 944 670 FEDERAL REPOI/:TEIL 2d SERIES Appeal the Unit~t States District rMiddle District of Florida. Before MORGAN, HILL and KRAV- TICH, Circuit JUdges. LEWIS tL MORGAN, Circuit Judge: O: 'presented With of a COcoa [ prohibiting nude~ and nent' in establish? men beverages arc ~ sohL ~our~ i~ ~ v. Bel- I01 S.Ct. 2599, 69 a similar state .. rity conferred Bel- ~lve the i~ue a munici- auo Amendment, ~y as · power) to the of (Fla.App. 1977), the court held Twenty-first with local con- busl- ~ for establish- Defendants was en~ ty's po- Code of Ordl- is ~tobe where 'Alcoholic sale. any person City Of ~ alcoholic bev- consumption female.person, commercial at or below Sec B:Lrou Lantlin~, LttL v. WaiL% 563 F.2d 1172 (5th Cir, 1979). The District Court rot the Middle District of Florida concluded that the municipality had justified the inci- dental burdens on First Amendment righLs creatc~! by the regulation of nude entertain- merit and upheht the ordinance. For thc re~ons stated below, we affirm. I Piaintiff-aplmllant, Grand Faioon Tavern, lnc_ (hereinafter plaintiff) is a Florida cor- i~ration which operatt~q a tavern within the CiB, of C~moa Beach. Florida. Defendant.s- appeiic~_s (hereinafter defendants) are the Chief of 'Police for Cocoa Beach and the memlmrs of the Cocoa Beach City Commis- sion at the time the complaint was filed. In December 1979, the City-of Cocoa Beach enacted an ordinance proscribing the actual or simulated exposure of various pri- vate lmrks or female breasts in establish- mcnkq selling alcoholic beverages. Cocoa B~tch, Fla., Ordinance 612 (Dec_ 6, 1979).' (2) To suffer or permit-any female perso~ while on the premises of said commercial establishment to employ any device or ering which is intended to give the appear. ance of or simulate such portions of the human female breast as described in sub- section (a)(l). 1'3) To suffer or permit any person, while on the premises of said commerc/al estab- lishment to expose to public view his or her genitals, pubic area. buttocks, anus or anal cleft or cleavage. (4), To suffer or permit any person, while on the p.r. gmises of said commercial estab- iish/'nent~t6 employ any device or covering which is intended to give the appearance of or simulate the geffitals, pubic area. but- tocks, anus,, anal cleft or cleavage. · (b) it shall-be-unlawful for any female per- son, while on the premi_ses of a commercial establishment located within the City of Co- coa Beach, Florida, at which alcoholic beret. ages are-offered for sale for consumption on the premises, to expose to public view that area of the humah female breast at or below the areola there~ or to employ any device or covering wbic~"is tntende~~ t~) give the ap- pearance, or simulate such areas of the . male breast as described herein. (c) 'it shall be unlawful for any person. while on the premises of a commercial estab- lishment located within the City of Cocoa Beach, Fl~-ida. at ~which alcoholic beverages are offered for sale for consumption on the Gh"~'~O FALOON TAVERN, INC. v. WICKER 945 At the time the ordinance was pas~t two thc ordinance roached expression entitled es~blishmen~, plaintiff's ~vern named Fi~t Amendment protection, anti that the "G~nd Fal~n Tavern" and another ~lled recg~rds failed to pr(wide sufficient justifi~- the "~hy Trap," offend patrons "topl~s" Lion for the resulting harden on eonstitu- dancing as enter~inment with alcoholic th)hal righK~. beverages as refreshment. It is undisputc~l that enactment of the ordinance was pro- yoked by the distressing situation existing at the Booby Trap. Police records showed that, in response to extensive and varied criminal activity,: Rn inordi a~lli_~__~ber of po.!ic.e__..?lls had to be made to the~h-'~-~W _Trap~_~T~e Cocoa B~ty Commis~on concluded that the separation of nudity and alcoholic beverages would lessen the dr-,in on the city's r-esburdes by re~.ducing the inci- dence of illicit conduct ~fi't estahlishmenL~ affected by the ordinance. Defendants ad- mit, however, that the number of lmlice calls to the Grand Faloon was commensu- rate with many other taverns in C~oa Beach that did not offer any form of nude entertainment. Plaintiff filed suit in United SLates Di~ trict Court for the Middle District of Flori- da seeking injunctive and declaratory relief under 42 U.S.C. § 1983 and 28 U.S.C. § 1341~ to prevent enforcement of the ordi- nance_ ' Plaintiff challenged the ordinance on grounds that it violated the United States Constitution's guarantees of free speech and expressiom The argument made by the plaintiff was essentially that premises, to expose to public view his or her genitals, pubic .area, buttocks, anus or anal deft or cleavage, or to employ any device or covering which is intended to give the ap- pearance of or simulate the genitals, pubic area. buttocks, anus or anal cleft or cleavage. (d) Any person who shaU violate any pro- vision of this Section shall be guilty~.of an offense against the City punishable as pro- vided in City of Cocoa Beach Code. Sec. !-8. Section 2. If any provision of this ordinance, or its application.to any person or circumstanc. es, shall be held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, shall not be affected. Sect/on $. If the owner, operator, licensee. lessor, lessee, manager, employee, or any other person participating in the operation of a corn- mecciai establishment located within the City of Cocoa Beach at which alcoholic beverages are offered for sale for consumption on the premises shall be convicted of any of the ofo lenses designated in Section 3-Ii(a) as set 6'70 ~'.~ A final hearing was held at which the only evidentiary materials before the court were the parties' pre-trial stipulations, the parties' lfleading-s and a det~sition of City Police Chief Robert Wicker, which was ad- miLLed in evidence as the parties' joint ex- hibit. No testimony was presentod at the final hearing. The trial court after hearing arguments by l~th counsel concluded that the disput, ed ordinance was a valid exercise of the mumeqmhty s lmhce power under the rationale of Central .Hudson Gas & F, lectric C~rp. t: PuMic Service Commimion o£ New }~.'k, 447 U.S. 557, 100 S.CL 2843, 65 L.F~].~I 341 (1980); United States ~: O'Bricn, 391 U.S. 367, 88 S.CL 1673, 20 L.~l.2xl 672 (1968); and Young ~. American Mini Theatres, 427-U.S. 50, 96 S.Ct. 2440, 49 L.~l.2d 310 (1975). The court found that "the rc~ord reflect[ed] a reasonable basis on which the city could have found a relation- ship ietween the policy of the ordinance and the purpo.*~s it seeks to accomplish." On spire, al, plaintiff primarily challenges this determination, arguing that the ordi- nance has not been shown neeessar~ to achieve the claimed governmental interest.~ forth in Section I hereof, then the City Finance Director shall revoke the occupational license for said establishment after giving a 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 issuecL section 4. This ordinance shall take effect immediately upon its adoption. 3....The offenses-occurring in and around the Booby Trap 'included homicide, narcotics, rob. bery. prostitution,~lewdness, larceny, assault. battery, drunk and disorderly, and solicitation. · in additiofi,-a police department record of po- lice calls to the Booby Trap included several references to rapes, 15rostitution by Booby Trap employees, and fights between the tavern's pa- t~on~ 4. As part of its initial issue on appeal plaintiff claims that the trial court found the activities of appel~t'~'empioyees to be conduct rather than e. xpression. Plaintiff argues that this find- KRUEGER v. CITY OF SACOLA '~' . 7~r.~,s, o98s) 853 bate, the City Council voted to ": : the City Attorney to prepare the strongest pos- sible ordinance ... to prohibit nude danc- ing in the City-'of Pensacola." The city .attorney then drafted an ordinance pat- terned after a Cocoa Beach provision which had been found const/tufiona] by a panel of this circuit in Grand ,~aloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir.), cert. denied, 459 U.S. 859, 103 S.Ct- 132, 74 I~Ed.2d 113 (1982). The City attorney also advised the council members that the facts of Grand Faloon were 'v61-y different from those before them, sine.e the Cocoa Beach commissioners -had- been., confronted with" evidence that substantial~-imina] activity took place in topless bars, whereas the Pensacola Chief of Police had determined that there was no greater incidence of ct/me in topless bars than in any other place serving alcoholic beverages. The Council nonetheless passed the ordinance issue, the Police Department cannot substanti- ate that problems occur anymore [sic] fre- quently at tOpl6ss bars than they do at non- topless bars. The question of municipal regu- lation, in this instance, relates to the moral i.~ue involved, rather than the law erdorce- ment issue~ ~. As the plaintiffs point out, the faaors involved in the city council's decisionmaking proc~ are particularly well documented because it was required by Florida's Government in the Sun- shine Act. Fla. StaLAnn. § 286.011 (We~ 1975), to make iL~ meetings public and to make the minutes available for-l~ffblic · .-----3.--O'r'~i~nce 34~3 rcad~"in principal 'part a~ follow~: ' ' BE IT-ORD,~INED BY THE CITY OF PENSA- COLA. FLORIDA. SECTION 1. Purpo,~ The purpose of this ordinance i~ to prohibi! certain acts of commercial exploitation of hu- man sexuality in commercial establishments within the City of Pensacola wh~ere alcoholic beverages are served or offered for sale for consumption on the premises and to reduce the likelihood of criminal activity, moral deg- radation and disturbances of the peace and good order of the community which may oc- cur when 'such commercial,exploitation is per- mined in ~uch place~ . SECT/ON 2. Finding~ The City Council finds that there is an in. creasing commercial exploitation of human sexuality, by owners and operator~ of com- mercial establishments within the City of Pen- ~acola where alcoholic bevera~ are ~erved or offered for xale for consumption on the by unanimous vote on January 27, 1983: and adopted it on its second reading on February 24, 1983. Owners of the Rawhide Lounge and oth- er topless dancing establishments, along with a number of dancers, then brought suit challenging the ordinance as a viola- tion of the first amendment free speech clause. At trial, the city attorney elicited some testimonial evidence that it was more difficult to control the crime of "B-drink- lng" in top]ess bars than elsewhere. The district court found as a fact that the ordi- nance furthered a substantial government interest tn controlling "B-drinking", and upheld it on that ground. II. [L 2] In evaluating the constitutionality of Pensacola's topless dancing ordinance,~ premises. Such exploitation takes place in the form of employing or permitting persons to perform or exhibit their nude or semi-nude bodies to other persons as an inducement to such other persons to purchase alcoholic bev- erages-' The direct results of such exploitation is [sic] cr/minal activity, moral degradation and disturbances of the peace and good order of the community. In addition, such com- mercial exploitation of such nude and semi- nude acts is adverse to the public's interest in the quality of life, tone of commerce and total community environment in the City of Pep. sa. cola. SECTION 3. Prohibition. 3.1. It shall be unlawful for any person maintaining, owning or operating a commer- cial establishment located within the bound- aries of the City of Pensacola. Florida. al which alcoholic beverages are offered for sale _ for consumption on the premises: (A) To suffer or permit any female person. while on the premises of said commercial establishment, to expose to the public view thai area of the human female breast at or below the top of thc areola thereof. (B) To a~ffer or permit any female person,- while on the premises of said commercial _e_.sta. ~blishment. to employ any device or cover- ing which is intended to give the appearance of or simulate such portions of the human female breast as described in Section 3.1.(A). (C) To suffer or permit any person, while on the premises of said commercial establish- ment, to expose to public view his or her genitals, pubic area. buttocks, anus or anal ' c)e~ ~- clcavag~ 854 759 FEDERAL REPORTER. 2d SERIES we find that many of the initial stages of our inquiry have already been resolved by controlling authority. First of all, we are bound to treat topless dancing as a form of expression which is protected at least to some extent by the first amendment~ We acknowledge that the nature of the commu- nication involved in most barroom dancing is such that "few of us would march our sons and daughters off to war" to protect that form of expression. Young v. Ameri- can Mini ~heat~rs, '427 U.S. 50, 70, 96 S.CL 2440, 2A52, 49 I~Ed.2d 310 (1976). Nonetheless, as the Supreme Court. has noted, the proscription of nude dancing infringes on some forms of visual presents- tion which would not fall within the Court's definition of obscenity. California v. La- Rue, 409 U.S. 109, 116, 93 S.CL 390, 396, 34 I~E&2d 342 (1972).~ Because of this poten- rial for infringement on protected expres~ sion, we must require the government to show that its interest in regulating such acfivi~ is based on something other than a (D) To suffer or permit any person, while on the premises of said commercial establish- mcat. to employ any device or covering which is intended to give the appearance of or sim- ulatc thc genitals, pubic ares, buttock~ anus, anal cleft, or cleavage. 3.2. It shall be unlawful for any female person, while on thc premises of a commer- cial establishment located within thc bound- aries [sic) areas of the City, at which alcoholic beverages are s~wved or offered for sale for consumption on the premises, to expose to public view that area of the humana female breast at or below the top of tl~c areola there- of. or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast a~ described herein. 3.3. It shall be unlawful for any person. while on the prcmlses of a commercial estab- lishment locatc~ within the boundaries of the ' City, at which alcoholic bcvcragcs arc offered for sale for consumption on thc premises, to expose to public view his or her genitals, pubic area, buuocks, anus, or anal cicfi or cleavage, or to crnploy any device or covering which is intended to give the appearance of or simulate the genitals, pubic ~rca, buttocks, · anus or anal cleft or cleavage- SECTION 4. Pcnaltic~ Any person who shall viol~te any section of this ordinance shall bc guilty of a misdemean- or punishable by a fine not to cxcccd X500.00 or imprisonment not to exceed sixty (60) day~, or both. ' desire to censor the communication because of the community's dislike of its content.' [3] We note further that in this case the municipality's efforts to regulate tol~ less dancing cannot be given latitude sim- ply because the performances are pro- scribed only in establishments licensed to sell'liquor. The Supreme Court recognized in New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 $.CL 2599, 69 L. Ed.2d 357 (1981) that a state statute pro- hibiting nude dancing in places where alco- hol was sold should be given particular deference because of the state's power to regulate the sale and use of intoxicating liquors under the twenty-first amendmenL Because Florida has not delegated its regu- latory authority to municipalities, however, Pensacola must justify its ordinance under the stricter standard typically used to re- view an infringement on a protected liberty interest justified solely under the govern- SECTION 5. Sever-ability. It is declared to be the legislative intent that, if any section~ sub;section, sentence. clause or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. 4, The Court has not spoken dispositivcly on the amount ot' constitutional protection that is war- ranted for nude or partially nude dancing in the abse_nce of an assertion of twenty-first amend- ment authority by thc state. New York State Liquor Authority v. Bellanc~ 452 U.S. 714, 718- 19, 101 S.Ct. 2599. 2601-02. 69 LEdad 357 ..(1981) (Stev..~.'~"2., dissenting), but to thc cxtenl that it has ~idressccl t~ne question it has consist- curly noted that the potential, artistic or commu- nicative value o~ such activity requires that its regulation be '~va'tuat~d under first amendment stand~{dx. Sex Schad v. Borough o! Mount Ephrain~ 452 U.S-- 61, 66, 101 S.CL 2176. 2181. 68 I_gA 9d 671 (19gl) (noting that 'nude dane. lng is not without its Firsx Amendment protec-_ lions from official regulation'); Promotions, Ltl v. Conrac~ 420 U.S. 546. 557- 58, 95 S.CL 1239, 1246, 43 L. Ed.2d 448 (1975) (affor. d~,-~,firsl amendment protection to the _ musiCal production of "Hair"). But see Doran .Salem Inn. 422 U.S, 922. 932, 95 S.Ct. 2561, - 2568, 45 LEd.ad 648 (1975) (conceding only thai barroom dancing 'may involve only the harcst minimum, of protected expression' and 'might be-entitled to First and Fourteenth Amendment protection under some circum- SECTION 5 FLORIDA STATE LAWS Copies of Florida State Statutes are enclosed: A. Chapter 800 - Lewdness; Indecent Exposure B. Chapter 823 - Public Nuisances C. Chapter 60 - Injunctions . ~'~ LEWDNESS; INDECENT EXPOSURE Section provided or set apart for that purpose. Any person 800.02. Unnatural and lascivious act. convicted of a violation hereof shall be guilty of a 800.03. Exposure of sexual organs, misdemeanor of the first degree, punishable as provided 800.04. Lewd, lascivious, or Indecent assault or act upon or in in s. 775.082 or s. 775.083. presence of child; sexual battery. Derlvndom 800.02. Unnatural and lascivious act Laws 1971, c. 71-136, § 779. Laws 1961, c. 61-$1, § I. Whoever commits any unnatural and lascivious act Comp. Gert. Laws 1927, § 7588. with another person shall be guilty of a misdemeanor of Rcv. Oen.St.1920. § 5445. Ihe second degree, punishable as provided in s. 775.082 Law~ 1917, c. 7360, ~ I. or s. 775.083. Crou Reference~ Derivation: Sexual assault counselor-victim privilege, see § 90.5035. ' Laws 1971. e. 71.136, § 778. Comp.(3en. Laws 1927, § 7568. 800.04. Lewd, lascivious, or indecent assault or net gcv.¢;c,.st. J92(L ! 5425. upon or in presence of child; sexual battery Laws 1911, e. 7361, § I. Any person who: Cress Reference~ Il) Handles, fondles or makes an assault upon any lewd and lascivious behavior, see § 798.02. child under the age of 16 years in a lewd, lascivious, or Mentally disordered sea Offenders, see § 917.011 et seq. Sexual aSSault couuselor-victim privilege, s~e§ 90.~03~. indecent manner; Sexual banetT, tee § 794.011. (2) Commits an act defined as sexual battery under s. 794.01 i(IXh) upon any child under the age of 16 years; 800.03, Exposure of Sexual organs or It shall be unlawful for any person to expose or (3) Knowingly commits any lewd or lascivious act in exhibit his sexual organs.in any public place or on the the presence of any child under the age of 16 years private premises of another, or so near thereto as to be seen from such private premises, in a vul gar or indecent without committing the crime of sexual battery is guilty manner, or so to expose= or exhibit his Person in such of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.054: Neither the place, or to go or be naked in such place. Provided, however, this section shall not be construed to prohibit victim's lack of chastity nor the victim's consent is a the exposure of such organs or the Person in any place defense to the crime prescribed bY this section. 295 PUBLIC NUISANCES CHAPTER 823 § 823.041 PUBLIC NUISANCES Section 823.01. l'~uisances; penalty. 823.02. Building bonfires. 823.04. Animals suffering from disease or pests. 823.04.1. Disposal of bodies of dead animals; penalty. 823.05. Places declared a nuisance; may be abated and enjoined. 823.06. public buildings to open outward. 823.07.. lockers, clot hen airtight units; aban- 823.08. * 823.09. 823.10. Place clol hes airtight units nuisance. kept, 823.11. l~nalty' 82.1.12. penalty. 823.13. illegally kept, drive-in From public streets or public 823.14. 823.15. dmal shelters or requirement. 8Z3.01, NuiSanCe~, ' Penalty All nuisances which tend to annoy the communily or injure the health of the citizens in general, or to corrupt the public moralS, are misdemeanors of the second degree, punishable as provided in s. 775.08:3. Dedvatlom lava 1983, c. 83-214, § 18. taxes 1973, c. 7~-298, ~ 41. Lava 1975, c. 75-24, § !. Lava 1974, e. 74-383, § ~ Lava 1973, e. 73'334, § 32. taws 1971, c. 71-136. § 932. Comp. Oen. Law~ 1927, § 7817. Rev.Gen.St. 1920, § :5624. C, en.$t. 19~6, § 3680. Rev.St. 1892, § 2704. Ad Feb. I0, 1832. § 47. Cro~ References Indictments and informatkms, ~ee Criminal Procedure Rule Rev. St.1892, § 2705, Laws 1868. c. 1637, subc. 7, § 12. 823.05. Places declared n nuisance; may be abated and enjoined Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or becOme manifestly injurious to the morals or manners of the people is described in s. 823.01, or shall be frequented :by the class of persons mentioned in s. 856.02, or any house or place of prosti- tution, aSSignation, lewdness'or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the build- ing, erection, place, tent or booth and the furniture, fixtures and contents are deClared 'a nuisance. All such places or'~rsons shall be. abated or enjoined as provided in ss. 60.05 and 60.06. Derivation: Laws 1975, e. 75-298. § 41. Laws 1975, c. 7~-24, § I, Laws 1974, c. 74-383, § 66. Laws 1957, c. 57-1, § 24. Comp. Oen. Laws 1927, § '/832. Rev.Gen. St. 1920, § ~639. Laws 1917, c. 7367, § !. Cross References Prostitutkm. see § 796.01 et seq. Ch. 60 INJUNCTIONS F.S. 1985 60.01 60.02 60.03 60.04 Injunction; against levy of execulion Issued agalnst another than Ihs plaintiff. Injunction; against destruction of timber and re- moval of logs. Injunction against removal of mortgaged per- sonal property.~ Injunctich; sureties on bond of fiduciaries may reslrain disposition of principal's property. Co0.05 AbalemenI of :nuisances. 60.06 Abalement of nuisances; enforcement.. 60.07 Assessment of damages after dissolution. 60.01 Injunction; against levy of execution Issued against anSther than the plaintiff.--When real eslate is levied on, or an attempt to sell it under any execution or other process issued is made, or an attempt to sell it as the property at another person is made. chancery courls have jurisdiction 1o enjoin the' sale on Ihe application of the o~vner in possession of the real eStale. Hiale~,.--e. I. cl~ ~ 1683; R~ 1468; (~ 191S: RG~ 3160;, COl_ 4972; I. 15. HoIO.,~ O. 60.02 Injunction; against destruction of timber and removal of Iogs.--Chancery courls have jurisdiction of actions by any person claiming to own any timbered lands, or the Umber. or the right to work for turpentine @urposes the timber on any lands in this state, to enjoin trespass on the lands by the cutting of trees thereon, or the removing of logs therefrom, or by boxing or scraping the said trees for the purpose of making turpentine, or bythe removal of turpentine therefrom. Hleto~y.---g. 2, ch. 3884. 1889;. RS 1469.14~0; C-~ 1919;, I. 1. ch, 5682, t907; RC~ 3181; CG[. 4973; t 15, ch. 67.254. NoIo.~ L 64.0~. ' 60.03 Injunction against removal of mortgaged per- sonai property.--The removal from the state of any per- sonal property mortgaged to secure a debt which has not matured at the time of the removal may be enjoined by any chancery court wilhin whose territorial jurisdic- tion the property is located. HIstMy.--.-R5 1472; GS 1920; RGS 3162; CGt. 4974; ~. 15` ch. $1-2~4.. Hote.~ L 64.09. 60.04 Injunction; sureties on bond of fiduciaries may restrain disposition of principal's propehy.-- When actions are commenced on the bond of any exec- utor, administrator, guardian or lruslee, or for an ac- counting, the surely on Ihs bond may apply to the court in which Ihs action is pending, if in chancery, or if the action is at law. lhen to any chancery courl having Juris- diction, for an injunction restraining any principal in the bond from disposing of his property and from encumber- ing or removing it from the county in which it is localed until the final disposition of lhe action. If it appears on the application thai there is danger thai the principal may dispose of his property before final Judgment so that there will not be suflicienl property of the principal Io satisfy any judgmenl that is rendered against the ad- minislralor, executor, guardian or Irustee, the court shall issue an injunction on such terms as are proper, enjoin- CHAPTER 60 INJUNCTIONS lng such principal from disposing of his property, or so much thereof as is necessary for Ihe prolection of the. surety until the final disposition of the action. It is not necessary for the surety lo show that any amounts are due by said administrator, executor, guardian or trustee but the Judge granting the injunCtion may vacate it on the executor, admintstr~tor~ guardian Or trustee giving adequate security, to be approved by the court, to the surely COnditioned I° Save him harmless lot all loss or damage he sustains as surety; I'llllOl~.--l. !, ch. 5-~06. 1905: FI(~ 3183: COL 4975: 8. 15. ch. 67-254. Hote.---F(xm~ I. 64.10. cl.~ l. 222.09 In~unctlon lo preve,-YI ~te el homestead o~ exempt p~of)efty. 60.05 ' Abatement of nulsances.-- (1) When any nuisance as defined in s..823.05 ex- ists, the Atlorney General or state attorney or any citizen of the counly may sue in the name of the state on his relation !o enjoin Ihs nuisance, the person or persons maintaining it. and the owner or agent of the building or ground on which the nuisanCe exists. (2) The court may allow a temporary injunction with- out bond on proper proof being made. If it appears by evidence or affidavit that a temporary Iniunction should issue, the court, pending the determination on final hear- ing may enjoin: (a) The mainlaining of a nuisance; (b) The operating and maintaining of the place or premises where the nuisance is maintained; (c) The owner or agent of the building or ground upon which the nuisance exists; (d) The conduct, operation or maintenance of any business or activity operated or maintained in the build- ing or on the premises in connection with or incident !o the maintenance of Ihs nuisance. The injunction shall specify the activities enjoined and shall not preclude the operalion of any lawful business not conducive to the main tenance of Ihs nuisance com- plained of. Al leas1:3 days' notice in writing shall be giv- en defendant of Ihs time and place of application for the temporary injunction. (3) Evidence gl the general reputationof the alleged nuisance and place is admissible Io prove the exislence of the nuisance. No action filed by a citizen shall be dis- missed Unless the court is satisfied that it should be dis- missed. Olherwise lhe action shall continue and Ihs state allorney notified to proceed wilh il. If the action is brought by a citizeq and lhe courl finds Ihat lhere v;,as no reasonable ground for the action, the cosls shall be laxed againsl Ihe citizen. (4) On trial if Ihs existence of a nuisance is shown. the courl shall Issue a permanent injunction and order the cosls to be paid by the persons establishing or main- lainin~ Ihe nuisance ahd shall adjudge that the co,ts are a lien on all personal property found in the place of the nuisance and on the failure of lhe property to brir)g enough lo~pay, Ihe cosls, then on the real estate occu- pled by the nuisance. No lien shall attach to the real es- tate of'any olher Ihan said persons unless 5 days' writ- 272 F.S. lg85 INJUNCTIONS Ch. 60 len notice has_been given to the owner or his agent who The court shall make such orders on proper proof as will. abale all nuisances mentioned In s. 823.05, and has au- thorily to enforce injdnctions by contempt but lhe juris- dictiOn hereby.granted does not repeal or alter s. 823 01. tg,to~y.--!. 5. c~. ?'367; 1917; FiGS ~7; ~ ~; ,. 15. ~. 67-~. Nole.~ I. ~,15. againsl ; I. 14, ch, 3'3.334; tl~n.-- the C°urt may hear I defendant eliminating bond if no 60.06* Abatement of nuisances; enforcement.-- 15. ch. 67-254. 273 89'3-05. Places declared a nuisance; may be abated and enjoined Whoever shall erect, establish, continue, or main- tain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly inju- rious to the morals or manners of the people as described in s. 823,01, or shall be frequented by the class of persons mentioned in s. 856~02, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law ~f the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erec- tion, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06. Derlvallon: Laws 1975, c. 75-298. § 41. ~ Laws 1976, c. 75-24, § 1. Laws 1974. e. 74-~83, § 66. -' Laws 1957. c. 57-1. § 24. C~mp. Gen. L~ws 1927, § 783~. Rev. Gen,.St. 1920, § ~39. Law8 191'/, ¢. 7367, § 1. S E, C T I. O. N 6 NEWSPAPER ARTICLES AND BUSINESS ADS: Only four (4) topless bars advertisements were found in local newspapers. Two articles reference the St. Lucie County topless bars and one article about a bar in Clewiston, using male strippers. St. Lucie outla s:' 'alcohol 'topless danclng lounges · Et JI'M REEDER : Joe Clememd owner ~ the ~vil in Novem~r, sh~ilf's depull~ "~ek" B~an Jr., r~u~{~ more Y _..._ ~ ~ · · , ~.. ~. ~,~ t~e t tnld~ the Joke~ Wild.lounge ~ Ume [~ O~enzl to switch the a ~ and lo Im dnn~ ~lll ~ " .. ~Verme g an Ille nIP mlxtnre m' ~I .5. ,,gr~,.,. s-nl~ts .to-I~. ba~ pr~tltutlon charge. , . ' "lle d~'t need ~grn~ ~ ~ - ~ .... ~ ~-'~ ev~ know what they're Circuit J0dge S~ott Kenney toe.ply, theRe~.O~rge Norris ' b.rown~toswnnhl~s(rl~ "~uC" he s.ld "MI~ ~ Hke b.nn~ topl~:da~ln~ there, and of.~h~.~r? ~f~h~ Ee~mer · f~ television s~ p~o~ammlng, cn~ ~n n ~ mo~ s~,.. ~;~ -"-- ~- -aid * and buy ~e br~ter~ nnd sweat Tu~da~to make It Illegal f~ strip ~ot ~ all In ~uble. ' Clemenzl s attorney, ~en L. shlr~. ~lnt owne~ nnd p~t~s ~o ' alcohol e ~verng~ -where, topl~ ' dnnce~ ~rform. : ' : ~ ' Alcohol ~nd topl~ bn~ nrc a ' m xt.re that create more proble~ ' ' to law enforcement th~n ordlnnry bn~ d~," ~omml~l~ Jim Mlnlx ' erlm~ t~nt ~r In topi~ : and n~ In othe~ s~h ~ le~d and . In.iv ~s nc~ ~ p~tRution," applngdin~ ~e: move, ~ld topl~ - b~ c~trlbuted to a "m~a/d~ . eline" in the ~mmunlty. : ' 'It's time to elenn up let ~ple -k~w ~e're ~r~d el SL C~n(y nnd It's'~ a negative pla~ to live." Fo~ PI~ mident Etlll Hen~ said. nude dancers fined in Fort Pierce crackdown ~-ORT'PIERCE ~ Most of the 14 · penalty most of the dancers were laude dancers at Jokers Wild, ar- given -- and .the c~targes agalnst - ~rested in a well-publicized raid in ~November, have received small tines or had the lewd and lascivious ~charges against them drooped- ~..0h Tuesday, two o! the dancers ,~_l~.e fined $50 alter pleading no c~[est to reduced charges -- the another were dropped.... Only one case remains, and Phil Yacuccl, a court-appointed lawyer · who has represented five of_~the dancers, said he expects n similar fine to be imposed against her. ./ Town "ministerS dub's ~nale': protest '. A~soc~ated Press community newspaper. about. "They had Complain about." the around · But Association Is on the offensive,.; · : e .believe opening the door ~, crack now will lead to the infusion of abuse, forms ' crime 'in ou members o! the in a the all · * of The Reel Jght, we asn't a · : ..,. -.I c,o .D I Kfl DCC ~ -.' ~' ,,~"~ -. . SPECIAL .....~ :--."": ...... FREE ~UNC" ....... :"~ "h"' THE'":; ' DURING ; .-~' .~, ::: .~?~:~ ~ ~:" ' H~PP?HOU. ~:'~;/~'~:~:~ GIRLS' :::WRESTLINB.' MON.-FRI. ~ ~ ' ~R~ Thurs. through SaL ~- NOON-5PM: - : ~~ ' ~""~ ...... :--' ...... ,;~- "~'~ ~ ~ 3174 ~K~ WORTH RD ~''. ' J You've heard all about it. PARTIES WELCOME ~ ' OPEN NOON TO 5 A.M. Now see ~t hve[ . ': '~;~'; ~:.L~-968;5553 e TOP.SS DANCING · ~A~PAGNE B~THS · S~URED PAEKING SECTION 7 : pHOTOG~:PHS ~:i;O:C~ ~L: L~!GENSES :~}: BEVERAGE : MERMAID BAR Southern Boulevard Palm Beach, FI. DISTRICT OFFICE COPY DBR-723-L DEPARTMENTOFBUSINE~ REGULATION DIVISION OFALCOHOLICBEVERAGES&TOBACCO ALCOHOLIC ~EVEPIGE LICENSE FC~ ]HE PFP!0~ CiTY NAME PERMITNO, 60--0]583 SERIES . 2COP FEE 3'22.00 ,.., ..,,._3~"r~, AUDIT NUMBER ISSUED TO: LOCATION: HEr'-MaID BAR qq2.5 SOUTHERN ."-Lyf) SIHONE .q0BEI~T WEST PILu BEACH ~EN£WAL [304139 "i'HIS LICENSE/PERMIT AUTHORIZES THE HOLDER TO CONDUCT THE DEFINED BUSINESS AT THE Li~CATION IMPRINTED HEREON PURSUANT TO APPLICABLE LAWS AND ADMINISTRATIVE RULES OF THE STATE OF FLORIDA. SIHONE RORE~! qq2$ SOUTHEON BLVD WEST PALM BEACH F'L y COUNTY MAILING ADDRESS 33q06 133/15Y88 392o0D P~I ISSUED PURSUANT TO LAW BY COq 172 8.5 DIRI~CTOR, DIVISION OF ALCOHOLIC BEVERAGES & TOBAcco MERMAID BAR ~ 25 Southern Boulevard '~weSt Palm Beach, Fl. AcT'roN': DTE 09/14/8'~0L01~7# OWN ER NAME: SIMONE ROBERT L BUSI}~ESS NAME: MERMAID BAR ADDR: 4425 SOUTIIERN BLVD CITY/ST: WEST PALM BCH FL ZIP: 33406 - 0000 PHONE# - RIGINAL LICENSE ISSUE? 1/2 YR: ~e P A Y M E N T H I S T O R Y DATE MACtt/RECEIPT YR~I 09 / 14 / 87 '70 ~- 02479 2 09 / 10 / 86 70~- 02971 3 09 / 10 / 85 07 - 00565 4 11 / 13 / 8~ 03 - 13459 5 03 / 26 / 84 03 - 24527 6 10 / 25 / 82 O0- 17537 7 / / - ADDR: CITY/ST~ }lUMBER oF'~ PENALTY: % -, AMOUNT .~00225 . O0 "00225 . O0 00225~. O0 00258 . 75 00281 . 25 00225 . O0 STATE CERTIFICATE #: NOTATION: VARIETY EXHIBITION BAR & BAND HESSAGE: 60 ENTER CHANGES - PRESS PROPER LICENSE~YR 87 -' 85 84 85 83 8~ 82 .. 83 ENGLISH PUB 383 NMilitaryTrail West Palm Beach, Fi ~ ENGLISH PUB ~ North Military Trail West Palm Beach, FI. DB R.~723-L. :~ ,NGLISH PUB ~ North Military Trail West Palm Beach, Fl. DTE 11/'15/82 001 ACTION'. FOLIO # OWN ER NAME: HAASZE F JACKSON ADDR:"359 S COUHTY RD CIT~/ST: PALM BCH FL ZIP: 33480 - 0000 PHONE# RIGINAL LICENSE ISSUE?..4' ~** P A Y M E N T DATE ~'~1 / '/ 2 / / 3 / / ~ l 5 / / § ? 09 / 09 / 82 / / !IOTATIONt VARIETY EXHIBITION OCCUPATIONAL LICENSE ;: OP NUM 82 - 13322 CLASS: OE - 025 STATUS: INACTIVE BUSINESS NAMEI -ENGLISH PUB PINK PANTHER INC 1/2 YR: H I S T O R Y *** MACH/RECEIPT 00 - 00975 ~DDRt 383 N .MIL TRL CITY/STt WEST PALM BCH FL NUMBER OF ~ PENALTY'~! ' % ' i.. ,...,. AMOUNT 00225 . O0 STATE CERTIFICATE #: .4ESSAGE: 60 ENTER CIIANGES - PRESS PROPER KEY i~ LICENSE YR 82 8'3 ~ ~_ENGLISH PUB North Military Trail WEst Palm Beach, Fl. I'[:1 [.7'--J ~:.~_;,50:{J I:l..E 8/2J/J';78 NfM'IE ['INK P~NI'IIER:, INC. ffDI)l-(L:~; :493 N(]I:CI II ~i] I.. I'I'Psl~Y 'I'I':A~ I.. W~EGI' I~l..l'l ~CII:. FI.. hU'I'il. S'l't~(::l( 1OO [;HARE[; ,[-' '/~; I-Ifi~d;ZIZ, I'1-1][.] f' REG. ~F;L:NT I-I~;ZE, I'll]Ell" .'~8~ 'M.[I.I [ART I'R~IL !,I~EGI' P61..f~ Ill;Il, FL ~iNNU{~I.. REI:'OI~CI'I:; I":l LED; ( ,.~..,.,'"'v°": N[':M YOI'Li( !::'1' ,%7,9,5 lqc. td '(LIRI( .~11' .'~I$406 (.1986) C:! I('dqGl!.:D 7/'011/.1 I is a col filed or The d( I further office ~ records of this office that PiNK d under; the laws . of the corporation is 583542~ id corporation has paid 31, 1~87, and its 1988. Military Trail Fi FOXY LADY LOUNGE 5699 South Military Trail Lake Worth, Fl. DBR-723-L ~ DIVISIQN OF ALCOHOLI.q BEVERAGES 8LTOBACCO ALLOHOLZC :~v£RKr.-E LICEN'.E FOR [HL PE;~[gr- ~,P°IL ! , 1988 TH~U MADCH 31, [989 CiTY NAME { I I l LICENSE/ $[ 7 50.0~J 2[.5~ 7 PERMIT NO. f' (~ -- ;-'}~ Id ~ S SERIES ;i C DP FEE ' - AUDIT NUMBER ISSUED TO: LOCATION.' F{~Xv L~gY LOUNGE 51D9 S HILII~R) T;iAIL COUN!A'Y U S ~ I~C LAKr WORTH [ 298673 THIS LICENSE/PERMIT AUTHORIZES THE HOLDER TO CONDUC~ THE DEFINED BUSINESS AT THE LOCATION IMPRINTED HEREON PURSUANT TO APPLICABLE LAWS AND ADMINISTRATIVE RULES OF THE STATE OF FLORIDA. c~u~tl~ u S ~ MAILING ADDRE~ COUNTY 33q63 03/Z2/m8 I ,?5'O.DO PATD C0#18Qq]0 ISSUED PURSUANT TO ~W DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGES & TOBACCO J FOXY LADY LOUNGE ~ 5699 South Military Trail Lake Worth, Fi. DTE 10/30/87 004 ACTIOH: FOLIO # OWN ER NAME: COUNTRY USA INC ~.~CENSE'T OP HUM 84 - 03059 CLASS. ~E ~ 025 STATUS, ACTIVE BUSINESS N '~ " AME, 'FOXY LADY ~ ADDR: 5699 S MILITARY TR ADDR: CITY/ST~ 'LAKE -WORTH FL CIT.Y/MT: ZIP: B3461 - 0000 PHONE# 439 - 8700 ' ~NUMB~R OF: RIGINAL LICENSE ISSUE~'"::' 1/2 YR~ PENALTY'~' P A Y M E N T H I S T O R Y *** DATE MACH/RECEIPT YR~I 10 / 30 / 87 03 - 14108 2 10 / 17 / 86 03 - 14106 3 09 / 18 / 85 07 - 03213 ~I 11 / 05 / 84 03 - 13021 5 12 / 12 / 83 03 - 20193 6 / / - 7 / / - AMOUNT 00247 . 50 00247 . 50 00225 . O0 00225 . O0 00003 . oo STATE CERTIFICATE #~ NOTATION: VARIETY EXIBITIOMS TFR FR 82-04115 HESSAGE: 60 ENTER CHANGES - PRESS PROPER KEY LICENSE YR 87 - 86 85 84 83 FOXY LADY LOUNGE 5699 South Military Trail Lake Worth, FI. I,IlE,~:;'I' I'¢~I._1'i I:: l! : ¢d :l l ., I'1 .... T.j:'i:,']l' ¢~M...H t-lL!]/~l.;ll:. ;-'1.. (.:/IANI!il-:D ;71.1_7/:1 ::-;78z,? 1NO 1 I:RIJH ;;?t't",J/i9?8 TIJ t2/2?/:l.'):~;t.~:l'lit'" Nf.'d'i;F l,lfiL~ lt. I"(.tf~GF.-'.T'I'(.~, INC. : ( J.'286 ) I ce~ify from the records of this office that COUNTRY U.S.A., INC. is a corporation organized under the laws of the State of Florida, The document number of thi~ corporation i~ 578491. " I [u~h~r eo~i[~, 'that ~aid corporation ~.'ha~ paid all fees dud'S'this office through December 31, 1987, and its status is active. Or~at ~eal uf t~e ~tate uf ~l~riba, 1th · Februa~, 1988.  / .~ · ~. , FLASHDANCE BAR %~ ~58 Purdy Lane West Palm Beach, Fi. t/r F F TH I: IMP ~FLASHDANCE BAR ( '~58 Purdy Lane ~ West Palm Beach, Fi. ACTION: OWN ER NAME DTE 10/07/87 004 FOLIO # OCcupAT ............ ~ I0NAL~:LICENSE:~ OP NUM 82 - 29521CLASS~ OE - 025 STATUS= ACTIVE BUSINESS NAME: -FLASHDANCE CORPORATION YR#I 3 4 5 6 ADDR: 4458 PURDY LANE ADDR: CITY/ST: W PALM BEACH FL CITY/,ST~ ZIP: 33406 - 0000 PHONE# 967 - 2~36 ~ .NUMBER OF: IGINAL LICENSE iSSUE?.~, 1/2 YR:#~ PENALTY{~' % ~ P A Y M E N T H I S T O R Y DATE MACH/RECEIPT AMOUNT 04 - 02193 06 - 03543 03 - 07773 07 - 01299 03 - 1356~ O0 - 00031 10. / 07 / 87 10 / 03 / 86 10 / 08 / 85 10 / 12 / 84 10 / 19 / 83 09/01 /82 7 07 / 07 / 82 O0 - 32484 1-]OTATION: VARIETY EXHI 00247 . 50 00225 . O0 00247 . 50 00247 . 50 00225 . O0 00225 . O0 00112 . 50 STATECERTIFICATE #: 60 ENTER CtiANGES - PRESS PROPER KEY- MESSAGE: LICENSE YR 87 - 88 86 85 84 83 82 81 :~t,ASHDANCE BAR .58 Purdy Lane West Palm Beach, Fi. 4 4~.18 I'IlRDY 21061] of ~ The Road F1 SUGAR SHACK d.. L~ ~z~ 3174 Lake Worth Road Lake Worth ~2~1~'~ ~'~._,, - DBR-723-L '"" IVISION OF ALCOHOLIC B, EVERAGES & TOBACCO ALCCHOL]C -3EV£!~G£ LICE;~£ FOR APRIL I e 1~8 TH;~U MAE;CH 31 CITY NAME -- LOCATION: Ii 14 LA~E ~40r~TH ~['., LAM(. ;VO~TH TH LICENSE/PERMIT AUTHORIZES THE HOLDER TO CONDUCT THE DEFINED BUSl IMPRINTED HEREON P NESS AT THE LOCATION · URSUANT TO APPLICABLE LAWS AND ADMINISTRATIVE RULES OF THE STATE OF FLORIDA. 5LIGJ~R St~ACK I~I~ .~174 LANE' uOI~TH RD MAILING ADDRESS COUNTY ¥ ..]]llll.. .:_. 03/2B/81~ 392.00 PAIl ISSUED PURSUANT TO LAW BY C0lj 1841 ~J DI RECTOR, DIVISION OF ALCOHOLIC BEVERAGES & TOBACCO f SUGAR SHACK 3174 Lake Worth Road Lake Worth, Fl. DTE 10/02/87 007 ACTION: FOLIO # OWN E R NAME: ANNUIIZIATA RANDY S *OCCUPATIOll AL':'LICENSE~' OP NUM 87 - 04637 CLASS: OE - 025 STATUS: ACTIVE BUSINESS. NA.E, '!~uo'A~i'~. S.AC~< "'-fl~k,-,4- ~,o ~ ADDR: 10116MIKADO LANE CITY/ST: WEST PALM BCH FL ZIP: 33411 - 0000 PHONE# 793 - 6109 ~ ,1NUMBER OF: RIGIIIAL LICENSE ISSUE?-::'~' 1'/2 YR: PENALTY'~.' % ~.,e p A Y M E N T DATE ~" n#l lo / o2 / 8~ k' 2 12 / pa / 86 3 : / / ~ / / 5 / / 6 / ? ! !,tOTATION: ENTERTAINMENT ADDR: 3174 LAKE WORTH RD CITY/,ST: LAKE WORTH FL 33461 H I S T O R Y *** MACH/RECEIPT AMOUNT 70 - 08900 00225 . 00 03 - 18869 00225 · O0 STATE CERTIFICATE LICEIISE YR 87 - ~1 86 ~ ME SSAGE .' 60 ENTER CHANGES - PRESS PROPgR KEY SUGAR SHACK 3174 Lake Worth Road Lake Worth, FI. 3~41 .L Deparlmeu! of tate I certify from the records of-this office that THE SUGAR SHACK, INC. is a corporation organized under the laws of the State of Florida, filed on April 14, 1986. The document number of this corporation is J09209. ! further certify that said corporation has paid all fees due this office through December 31, 1987, and its status is active. ~reat ~eal ~ft~e ~tale af~lariha,, 11th '- ~ Februa~, 1988. BRASS BULL BAR 704 S MilitaryTrail West Palm Beach, Fi RASS BULL BAR 34 South Military Trail West Palm Beach, Fi. DBR-723-L ClT~ NAME LICENSE/ PERMIT NO. ISSUED TO= BRASS BULL B BEAR GEORGE TRANSFER-MI AUDIT NUMBER TRAIL 2'?0283 THIS LICENSE/PERMI I(. 'INTED HEREON BEAR 81 P 0 BOX LAKE ION HE STATE OF FLORIDA. t0/09/B7'. 28.00 PAID ADDRESS ~/BRASS BULL BAR South Military Trail }4 West Palm Beach, Fi. ACTION: OWNER NAME: ROTELLI REMO DTE 09/29/87 007 FOLIO # bccuPATIONA~"LICENSE ~ OP NUM 82 - 05132 CLASS: OE - 025 STATUS: ACTIVE BUSINESS ;. NAME: BRASS'BULL INC ADDR: 704 S MILITARY TRAIL CITY/ST: WEST PALM BCH FL ZIPs 3B406 - 0000 PHONE# - RIGINAL LICENSE ISSUE~": 1/2 YR~ *~* P A Y M E N T H I S T O R Y *** DATE MACH/RECEIPT YR#I 09 / 29 / 87 70 - 07557 2 09 / 03 / 86 03 - 00473 3 09 / 06 / 85 03 - 00797 4 12 / 06 / 84 03 - 1~756 5 12 / 13 / 83 03 - 20291 6 11 / 19 / 82 00 - 25869 7 / / - NOTATION: VARIETY EXIBITIONS SEE 83-04792 MESSAGE: ADDR: 704 S MILITARY TRAIL CITY/ST: WEST PALM BCH FL ,~UMBER OF: PENALTYY' % " AMOUNT 00225 . O0 00225 . O0 00225 . O0 , 00225 . O0 002'25 . O0 00225 . 00 STATE CERTIFICATE #: 60 ENTER CHANGES - PRESS PROPER KEY LICENSE YR 87 - 88 86 87 85 86 84 85 83 ~ 82 83 ~BRASS BULL BAR ~ 34 South Military Trail West Palm Beach, Fl. Departmeut of ~lale I ,certify from the records of this office that a corporation organized under the laws of the on February 4, 1977. , he document number of this corPoration is 525195i ;further certify that said corporation has pa office through December 31, 1987, and its dUe this status is active. at ~al,lal}u~_e~_, tile ~Iapitul, tlli~ tile 11th February, 1988. CR2E022 (8-87) ~Jint-.~,,titl} c~ecretarl~ u[ ~tnle 2501 BrOadway Riveria Be~h, Fi ~g~NNIE'S KOOKIE BAR ~ 2501 Broadway Riviera Beach,, Fi. OBR-723-L HARCH .31z, [gSg PERMIT NO. (30--0 ! 72 1 SERIES FEE 392.00 .... :ssu~o To: - ' ~[_~,T ANN l ES ' KOOK ! ~'=B&R'W LOCATION: PURE ~LPRE/Ty [NC 2501-2505 BROAOWAY RENEN RI~[ER~ BEACH '-~. HIS LICENSE/PERMIT AUTHORIZES THE HOLDER TO CONDUCT THE DEFINED BUSINESS AT THE LOCATION IMPRINTED HEREON PURSUANT TO APPLICABLE LAWS AND ADMINISTRATIVE RULES OF THE STATE OF FLORIDA. PURE ~; PRETTY ~.501-Z50~ 8ROADWAY RIVIERA BEACH FL y 03/30/88 392.00 MAILING ADDREsS C~UNTY DIRECTOR, DIVISION OF. ALCOHOLiC BEVERAGEs & TOBACCO ~ ANNIE ' S KOOKIE BAR ~'~ 2501 Broadway Riviera Beach, Fi. ,50,5,",.I.~5 /',(;lit7 ..... I:-'()R Pit(IF'Il' l.fl(.; |:t..-(~0 Ii:R( :)t )t;Uf'IE:H I" I'l..L 4/04/:1 ~;'8',i; I..~'1~ ~1.1/~14/.1 N~,f"iE [;!'l()l( % ;::: , ~t"l~l, .., I fi.(.; ,. (d-)DI'IF-~.~; d.~;"?2 B~-W DI.~,}%'F i'lXfif4I 111-!3'il;Il, ~:1... ¢~Ll'ltl. ~'I'U(i:I( .1OO ~I-I~1,:li!;; (~! I'/D I4E:] ~,';,~:: .,' $'I'~'d'~L.L:Y ,5'? 7'2 :ldY Iq]Alii I::E~A(.:I.I.. t'l. ~'.~;'7;: I:. fl~ DI., ] UE': 6'772 .'.l AY: 0,11V:.'. epartme.t of tate I cedify from the records of this office that PURE & PRETTY, 'INC. is a corporation organized under the laws of the State of Florida, filed on Januaw 16, 1979. lhe document number o~ thi~ corporation I ~u~h~r e~i[~. :that ~aid corporation h'as paid all fees due office through December 31, 1987, and its status is active. ' ~reat ~eal .ft¥ ~tate uf ~luri~u, ~_ ..~. ~~~ ~ ~ecreturu ][lepartme.t of tate ! certify from the records of this office that COOKIE JAR, INC.-was a corporation organized under the laws of the State of Florida, filed on April 4, 1985. The document number of this corporation is H50514. I further certify :that said corporation ..'.Was involuntarily diss019ed on November 14, 11t86. 736 Belvedere Road West Palm Beach, FI KITTEN'CLUB 7~lelvedere Road We~c Palm Beach, Fi. DBR-723-L &~TOBACgO -- I-I~2 PER:3[ OD LICENSE/' PERMIT NO, ISSUED TO: K.]. ~::I[7 SH.L OTqM ( TH IS LICENSE/PE RM I IMPRINTED HEREON P~I'ESHL 736 BrL ~:£5 t PA MAILING ADDRESS AUDIT NUMBER 1'36 BF_L ',/E. Drf,~E LOCATION OF FLORIDA. SSUED PURSUANT TO LAW BY & LrOBACCO C04180q07 : SHOWTIME ! SHOWTIME 1-~' North Federal Highway B~nton Beach, Fl. DBR-723-L DIVISION OF ALCOHOLIC BEVERAGES & TOBACCO ALCI:IHt.)I_II,: BEVERAE-~E L..I:CIENSE FOR IHE Ptr. H.J:OD APRIL 4, 4988 TI-lEU MARCH 3-i, 4989 CITY NAME LICENSE/ .~ ~ 7~0; 00 2 'i 43~ J PERMIT NO. 60--0 4~'~ ~O,c.R SERIES COP FEE AUDIT N U M B E._.~_J ISSUED TO: SHOW T I ME ':`~': ' '~' LOCATION: 44'i5 NrLIR'rH FEDERAL HWY DELUCA ALFRED T,HOMAS BOYN'I'ON BFfACH F'L 'ENEWAL .HIS LICENSE MAY NOT BE MOVED FROM THIS LOCATION J29400; THIS LICENSE/PERMIT AUTHORIZES THE HOLDER TO CONDUCT THE DEFINED BUSINESS A'F THE LOCATION IMPRINTED HEREON PURSUANT TO APPLICABLE LAWS AND ADMINISTRATIVE RULES OF THE STATE OF FLORIDA. DELUCA ALFRED 1HOMAS 444S NORTHI FEDERAL HWY BOYNTON BEACH FL 3343S 03/04/88 4750.00 MAILING ADDRESS ISSUED PORSUANT TO LAW BY CO,gl 4669 ~18 ?,~,L,~, ~,?.,~.~'-.~. DIRECTQR, DIVISION OF-ALCOHOLIC BEVERAGES & TOBACCO COUNTY -' ~/~'Jl).. ~ CR2E022 (8-87) '1 certify that the corporation by the or. domestic, acti, dissolved. this office S ~rrat lith Fgbrua~, 1988.' : ~O~REY'S LOUNGE . Z North Federal B~ynton Beach, Fl. Highway OBR-723-L LICENSE/ PERMIT NO. ISSUED TO: H .;;'" ~.. Y S LCUNG[ 'YS L c;UNI3E r VISION OF ALCOHOLIC BEVERAGES & TOBACCO f, LC~'HOLIC ~EYER.~GE LIC[N;'E FOR THE. PERIUP ;,P~IL ], I988 T~tnU ~A.L,'CH 31, 1989 LOCATION: 2l';22 N F'[DER~,L HW¥ ~CYNTON BE.~CH rL~ CITY NAME j298357 r----<:: LICENSE/PERMIT AUTHORIZES THE HOLDER TO CONDUCT THE DEFINED BUSINESS AT THE LOCATION ~,~. IINTED HEREON PURSUANT TO APPLICABLE LAWS AND ADMINISTRATIVE RULES OF THE STATE OF FLORIDA. .... HORE'YS LOUNGE INC 16635 ALE XIND£R RUN JUP'IT'UR' 'FL Y $]~7a 03/22/8§ I, ~Sg,flO PAID .... ISSUED PURSUANT TO ~W BY CO q [ 7 ~8 ~ [ MAILING ADDRESs P.: .;2 COUNTY' ' ' ' ' ' DIRECTOR, uiViSiON OF ALCOHOLiC BEVERAGES & TOBACCO ~Og0REY ' S LOUNGE 2 North Federal :Highway B~ynton Beach, Fi. . ..... ,6..~ 2 F L.E. ,,/.1 '~./.1 ('d.]Di~L:,~::D 2022. !,1. I"F:DF..R~L I.i](!IHW/'~Y IIUYNI'UN (l l.:. fi L; l l .., I:1... tlF[:.[ CER.g/O I R'E:g I'UI-T",; PIT 1ZLI'IURE, I~fiRE;P-.,klTT Fi. ._ %~/I' I~C[:I_I.II-(V, ,.JI]fiNNE I' ,, ( :; I"R$~,!I;, I'i~R.1 · ,".El.;. I:~oEf-] l' ;d:[.FIURE ;, f'~t~f~l]l~ItF' 1' fq., 405 !~; L?N Fp-, f,l~ L~.T4,52 rpurtmr.t nf tatr i certify from the records of this office that MOREY'S LOUNGE, INC. is a corporation organized under the' laws of the State of Florida. filed on March 12, 1980. The document number of this corporation is 6.58955. I further certify that said corporation has paid all fees due this office through De, cember 31, 1987, -and its status is active. ~,~. " ;i~ '- 1