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ORDINANCE NO. 1888
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING CHAPTER 13, LICENSES AND REGULATIONS,
OF THE CODE OF ORDINANCES OF THE CITY OF CLEAR-
1962, TO ENACT A NEW ARTICLE XI,
' FLORIDA
WATER
,
,
UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE '
BREASTS; PROVIDING FOR CONTROL OF EXPOSURE BY
WAITERS, WAITRESSES AND ENTERTAINERS; PROVIDING
FOR CONTROL OF EXPOSURE BY PERFORMERS IN PUBLIC;
PROVIDING DEFINITIONS; PROVIDING EXEMPTION OF
THEATRICAL ESTABLISHMENTS; AND PROVIDING FOR ,„•,,..,?..yy ,?,,?;',?;??:,._ ,
REVOCATION OF LICENSES; PROVIDING FOR REPEAL Olt)
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
`Y"'.
HEREWITH TO THE EXTENT OF SUCH CONFLICT; PRO-
VIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS ?
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED !*? °e
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE, "
WHEREAS, the City of Clearwater, Florida, is a City made up largely
of people who have retired; and
WHEREAS, the City has sought to foster a wholesome type of life
such as makes the City attractive to retired people, tourists and people who
enjoy an atmosphere where the emphasis is on the family and family life; and
WHEREAS, the City Commission finds that there is presently in the
City of Clearwater an increasing trend toward the nude and semi-nude acts,
exhibitions and entertainment and toward the utilization of nude and semi-nude
female and male employees engaged in other service oriented aspects of
and by commercial establishments which are subject hereto; and
WHEREAS, the City Commission finds that the competitive commercial
exploitation of such nudity is adverse to the public's interest in the quality
of life, the tone of commerce, and the total community environment in
Clearwater, Florida; and
WHEREAS, the City Commission finds that there is a direct relationship
between the concurrent consumption of alcoholic beverages on the premises
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and the nude and semi-nude activities mentioned herein and prohibited hereunder,
as,more fully described hereinafter; and
WHEREAS, an increase in criminal activities, moral degradation
and disturbances of the peace and good order of the community results from
such activities as prohibited herein; and
WHEREAS, the City Commission finds that such activities are detrimental
to the health, general welfare of the community at large and that such activities
should be prohibited and declared
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER:
Section 1. Chapter 13, Licenses and Regulations, of the Code of
Ordinancesof the City of Clearwater, Florida, 1962, is hereby amended to
add a new Article XI to read as follows;
ARTICLE XI. UNLAWFUL EXPOSURE OF PRIVATE PARTS AND
FEMALE BREASTS.
Section 13-197. Definitions.
(a) As used in Section 13-201, the phrase theater, concert hall,
or other similar establishment which is primarily devoted
to theatrical performances shall mean a building, playhouse,
room, hall or other place having permanently affixed seats
so arranged that a body of spectators can have an unobstructed
view of the stage, upon which theatrical or vaudeville
performances or similar forms of artistic expression
are presented, and where such performances are not
incidental to the promoting of the sale of food, drink or
other merchandise.
(b) Public place shall include any restaurant, vegetable bar,
cabaret, tavern, tap room or similar establishment which
is devoted to public rather than private use, but shall not
include a theater as defined herein.
Section 13-198. Exposure by Waiters, Waitresses and Entertainers.
It shall be unlawful for any person who, while acting as a waiter,
waitress or entertainer in an establishment which serves food,
beverages, or food and beverages, including but not limited to,
alcoholic beverages for consumption on the premises of such
establishment to:
(a) Expose his or her genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or
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(b) Expose any device, costume or covering which gives the
appearance of or simulates the genitals, public hair,
buttocks, natal cleft, perineum, anal region or pubic
hair region; or
(c) Expose any portion of the female breast at or below the
areola thereof.
Section 13-199. . Employment or Payment Not Necessary for Offense.
A person shall be deemed to be a wiater, waitress, or entertainer
if such person acts in that capacity without regard to whether or
not such person is paid any compensation by the management of
the establishment in which the activity is performed.
Section 13-200. Exposure by Performers in Public
It shall be unlawful for any person, who, while participating in
any live act, demonstration or exhibition, in any public place,
place open to the public, or place open to public view to:
(a) Expose his or her genitals, pubic hair, buttocks, natal
cleft, perineum, anal region, or pubic hair region; or
(b) Expose any device, costume or covering which gives the
appearance of or simulates the genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or public hair region; or
(c) Expose any portion of the female breast at or below the
areola thereof.
Section 13-201. Exemption of Theatrical Establishment
The provisions of Section 13-198 and Section 13-200 shall not
apply to the exhibition, presentation, showing or performance of
any play, ballet, drama, tableau, production or motion picture
in any theater, concert hall, museum, school or similar establish-
ment which is primarily devoted to theatrical performances.
Section 13-202. Revocation of License.
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 Clearwater at which food,
alcoholic beverage or food and alcoholic beverage are offered for
consumption on the premises shall be convicted of any of the
offenses designated in Section 13-198, Section 13-200, then the
City of Clearwater shall have just cause to revoke the City
occupational license for said establishment. Revocation shall be
by the City Commission which shall follow the procedure set forth
in Section 13-7 of the City of Clearwater Code.
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Section 2. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate the
provisions of this ordinance shall be subject, upon conviction, to a fine not
exceeding the sum of Five Hundred Dollars ($500.00), or imprisonment for
not exceeding sixty (60) days, or by both such fine and imprisonment in the
discretion of the ,Fudge.
Section 4. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Chapter 166.041, Florida Statutes.
Section 6. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING February 15, 1979
PASSED ON SECOND AND FINAL
READING AND ADOPTED
1, 1979
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- Commis sione'
Attest: f
pS?.e e.,Gl?e-.- 4? ?•f.G.?-rte
City Clerk
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