Loading...
5490-93 t3kJj'NA CE :NO. 5490- AN ORDINANCIC OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO "ADULT USE ES7A 3LISHilwiENT S;" CREATING A NEW ARTICLE V 14ITHIN CHAPTER 41;, CODE OF ORDINANCES, TO ESTABLISH REGULATIONS FOR THE OPERATION OF CERTAIN KI�irOS OF BUS-NESS ESTABLISHMENTS; ADOPTING A STATEMENT OF PURPOSE zAN @,' LEGISLATIVE FINDINGS; DEFINING TERMS; ESTABLISHING MINIMUM DISTANCES A14D OTHER LOCATIONA1 REQUIREMENTS; PROVIDING FOR THE ORTIZATION OF NONCONFORMING ADULT USE ESTABLISHMENTS- AM REQUIIIN CERTIFICATES OF COMPLIANCE OR PROVISIONAL CERTIFICATES OF COMPLIANCEIAND ADULT USE LICENSES FOR ADULT USE ESTABLISHMENTS, .AND ESTABLI*NG REQUIREMENTS FOR FILING, REVIEW PROCEDURES, AND OTHER REQUIREMtNtS';. ESTABLISHING OPERATIONAL REQUIREMENTS; PROHIBITING CERTAIN C0i4IDl1CT BY OPERATORS' OF ADULT �SE ESTABLISHMENTS, BY THEIR EMPLOYEE$, ; AND BY PATRONS WITHIN ADULT USE ESTABLISHMENTS';; ESTABLISHING HOURS OF ' OPERATION; PROVIDING FOP ENFORCEMENT. PROVIDING 1101 THE SUSPENSION OR REVOCATION OF ADULT USE LICENSES; PIROVIDIN AN E FFECTIVE-DATE. WH'EREAS', ! the City 'Commission of Clearnater, Florida (the `°City Cormission") ,; ;has considered the following' reports, s�tudi'es, and ,judicial opinions conce�nij g the adverse secondary effects of adult uses on the communil�y: (a) Findijn's of the City Planning Commission for ,the, City' of New ,York dated January; 26; 1977. {b) Resort Cin Zoning and Other Methods of Regulating Adult EntertainmEnt in Amarillo Texas �, elated September 13, 1977. (c) Northerrd Cinema Inc. v. Seattle, 90 Wash.2d 709, 5185, 'P.2d 1I53 (1978). I (d) Re ulat7on of Criminal Actives and Adult Businesses, City of Phoeni x Arizona, ia y e 1979, 'I (e) Report to the City Planning Commission and City. Council fro m the Planning Department of the City of Beaumont, ;Texas', dated Septc<-bcr 14,' 198e�. (f) le is'lat:ive Re art on an Or° inance`Amendinu Section 28-73 of the Code If Qrdinances of the City of Houston, Texas, Providinn for the Remul_ation_of 5e Ilu {lr iPnt;Pdi C2_mmercial Enterprises, Adult Booksto4 s, Adjult 1°At"ivic Theaters, and' Massage Establlishments and Making Various Provisions and Findings kelatinq to the Sub.iec�t, a report prepared by, the Committee on the Proposed Regulation of Sexually Oriented Businesses,' dated 1983. (g) Adult Entertainment Businesses in Indianapolis, an analysis repr,�ed a l� , by the Department cif Metropolitan Development, dated February, 1984. (h) Adultl Entertainment Business in Oklahoma City, A Survey of Roil Estate Ap�raisersN a report prepared by the Community Development Departmentlof the City of OOk l!ah' rria City, Oklahoma, dated March 3, 1986. ( i) Re ori� Din Adult Oriented Business in Austin, a report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texa$, dated May 19, 11.86 (j) Siu ary of land use studies on secondary effects of adult ,es conducted by Garden Grove, California; Whittier, California; Cleveland, Ohio;'anri Los Angeles, icaliifornia. (k) Summary and presentation of Pinellas County Sheriff's Off'ic rs' report deltaiIling the criminal activities associated with adult uses in Pinellas County, which was presented to the Board of County Commrissioners at a pu 1 is hearing on June 15, 1987, during which Pinellas County Ordinance 87-45 was gdopted. (1 SLmmary of Pinellas County ' t Sheriff's Incident Reports` � o y c•mp�led for a public hearindl before the Board of Pinellas County Commissioners on July 10, 1990; and WHEREAS', the City Commission has determined that this Ordinance is necessary to prevent crime;. protect the City's retail trade; maintain 'property values, and protect and preserve the quality of the City's neighborhoods,, commercial di�trli cts, and the quality of urban life; WHEREAS! hoi Surgeon General of the United States in his report of October, 2, 1986, has ad,lrised the American public that HIV '(Human Immunodeficiency Virus) and AIDS (Acquired Immune Deficiency Syndrome), the late stage of infection with the HIV virus,= mqley be transmitted through sexual contact', intravenous drug abt se, exposure to blood and blood components, and from an infected mother to her newborn; lHEREAS, accord ing to the best scientific evidence AIDS and HIV infect on p as we'll I as syphilis and gonorrhea are principally transmitted by ;sexual acts; WHEREAS, al-cording to the best scientific evidence, numerous other diseases and in including chlamydia, ' pelvic inflammatory disease, chancro d, herpes, hep6t.itjsl B, lymphogranuloma venereum, granuloma ;inguinale; genital warts, .,trichotonliasis, scabies, pediculosis ame'biasis, giardiasis, and others are transmitted by sexual acts; 1�{'HEREAS, sanitary conditions in some Adult Use Establishments are unhealthful , ,n part because of the unregulated nature of the,activities; bec<�use of the failure.} oil: owners and operators of the facilities to self-regulate those activitics, �and because oC Lhe frequent;substandard construction and maintenance of those facilities; fx Disease �I WHEEASf th,. u United States Centers for Central have issued universal precautions, including housekeeping and disinfection guidelines forlthe prevention of transmission of the 'HEIV virus and other diseases, which guidelines should be followed by Adult Use Establishments; GJH;EREAS, iexually Transmitted Disease Clinic patients interviewed) by Disease Intervention Specialists of the Pinellas County Health Department have admitted sexual contacts with patrons and employees at various Adult ;'Use Establishments; 2 WHEREAS, employes of ': I t us,a e stab l"i shiy"pri'Cy 'n� s lur 3� ri t€:�hc i PC i denc,e h of certain type;s of sexual 9vior than employees 'of other establishments including oflering to perform _.,xual acts; WHEREAS, sexual acts are a regular occurrence at the adult use establisiirrents, ` especially in< private or semi' pri+gate booths` :)r cubicles f c r viewvin films or live perfor mances depicting specified anatomical areas arld specified sexual ac,tivitry; WHEREAS, bfi"ering and providing such space, areas; and rooms where such activities 'take; place creates conditions that generate 'prostit ution, lead and lascivious conduct, and ether crimes, thus promoting the.-spread of communicable diseases and infestations and posing a threat to the health of employee=. , patrons, .and' the 0Ub'liC. WHEREAS, ;Pelrs'cns frequent certain adult theaters for the purpose of providing sex within the!premses of such adult theaters; WHEREAS, ttaf f members of' the Pinellas County Sheriff's Office and t'f e Pinellas County H a,lth Department have found semen in the areas of Adult ' Use e Establishments ,wh6r,6 persons view adult-oriented films or witness 'sexually explicit live entOr:tainment, WHEREAS, minigl ing and sexual cc>ntact between patrons and employs es in Adult Use Establishments is generally initiated by the exchange of money acrd may reasonably be expected to serve as an opportunity to solicit for and an inducement to agree<to unprotected sexual activity, including but not limited to prostitution, and thus poses .a threat to the health of both groups and promotes the spread bf cb�tr�runicable diseases and infestations; ' WHEREAS, Pinellas County has experienced an increasing number of reported cases of AIDS; WHEREAS, when the previously described activities characteristic of Adult Use Establishments' are present, other- activities which are illegal or'unhealthf� l tend to accompany them, concentrate around them and be aggravated by them, including but emit limited to prostitution, pandering, solicitation far prostitution, lewd! and lascivious behavior~, exposing'minors to harmful material , and possession,; distribution and transportation of obscene materials; WHEREAS, zthile' City Commission recognizes that Adult Use Establishments affect surrounOng sites in a deleterious'manner, particularly when se Ieral adult uses are concentrait�ed, and that special regulation of these uses is 'necessary to insure that the p effects will not contribute to the blighting or downgrading pf the surroundin,. ,}q ghborhood;" 'WHEREAS, the City Planning and 'Zoning Department has conducted a stuoi ,to determine the aihodnt of available land area within the City for adult uses aftler the adoption of this Ordinance. This study has 'found that given the denlse population of the City, d i stance requirements of 500 feet between adu l t uses and residentially zoned property, a church, 'a school , or a public recreation area provide a sufficieInt area in whit„ adult uses could be located in compliance with 3 i constitutional requirements. The City Commission, therefore, finale that the 50(x' foi 4 ;distance requirement is ,` reasonable ballance betk<een he CE' nc�`r n for t e public health, Pafety' t;nd welfare of the citizens and a constitutionally mandated need ,to provide a sufficient area for adult uses to be located; WHEREAS, the City Co;;imis'sion has determined that adult uses should be dispersed rather' thap concentrated and finds that a minimum distance of 1,00r feet- between adult uses serves an important function in preventing thti concentration of, a0ult uses. The City Commission, therefore, finds that the 1,000 foot, dis'tancei requirement is a reasonable balance between the concern for the public health, safety and welfare of the citizens and a constitutional ly mandated need tolprovide a sufficient area for adult cases to be located; WHEREAS, the e Cii.y Commission has determined that a one-year amortization y period for' non-conforming adult uses is reasonable in that the premises affected by this Ordinance afire readily adaptable to conforming uses; now therefore BE IT ORDAINED BY THE CITY 'CO MISSION OF THc CITY OF CLEAUATE*R, FLORIDA. {, Section 1 A new Article V, consisting of Sections 41.501 through 41.60 , is added, to Chapter 4 , Cade of Ordinances„ to read: i CHAPTER 41. SPECIAL LAND USES l ARTICLE V. ADULT USES ; DIVISION 1. GENERALLY Sec. 41 501. iriitle. t This, Articl1e, as added to the Clearwater Code of Ordinances by Ordinance 5"CO- 3; and as I theisame may be amended from time to time, may be'known and cited as the "Adult Use Re66l at ion Ordinance. " Sec. 41.50x. tofnstruction. h' 1he Adult Use Regulation Ordinance shah be broadly construed to accom fish g y � its purpose of reguilating adult uses and related activities. Sec. 41.50. Purpose. orpose. The purpose, alid intent of the City Commission in adopting the` Adult Use r Regulation Ordinance is to establish reasonable and uniform regulations that will protect the health, safety, and general welfare of the residents of the City.l' The provisions hereof, alone or together with other applicable ordinances® are not intended to have #'he effect of imposing a limitation or restriction upon the content of any communicative materials, including adult materials. It is not the,, intent of this Arti�,:le to 'restrict or deny access by adults to adult`' materials) or expression protected by the First Amendment, or to deny access;by distributors), and exhibitors of adult uses to their intended market, nor shall this Article be construed as having such effect'. Rather, it is the intent of this Article t6 4 reguxate the secondary effects of adult use estab;isnrrients upon the poshiis health; safety, and gee € ,ial `welfare, and to impose Only incidental restrictions on First Amendment freedoms which are no greater than are essential to the furtherance of sulch intent.' Sn. 42.504. L 'gislative Findings. The City Commission finds and declares that. (1) The find,jngs set forth in the preamble to this Ordinance Ordinance 5490-9 ) are incorpotaited herein by reference. (2) The concerns raised in the findings incorporated by reference in subsection (1) raise substantial: governmental co,licerns. (3) Adult use establishments have operational characteristics that should be` reasonably regul'rted .in order, to protect those substantial governmental concerns. t_ an adult use license is , ) ; Requrr�irt ad�rl . use estab ,�s�rmen•ts to obta n i an appropriate mecltani'slm to ensure that the adult use establishment is operated In a manner consi teen# with the :health, safety and welfare of its patrons and employees as weIIi as the residents of the City and the public at large. Among other things, it is ;'appropriate to irequ ire reasonable assurances that the applicant is the a�tulial owner or operator of the adult use establishment, fully in possession and Oditrol of :the `premises and the activities occurring therein. Moreover, becausd a substantial, ,.iationship exists between adult use II establishments and the commission of sexually related crimes on the premises of those businesses„ a ,, substantial justification exists for barritg those individuals convicted of certain sexually related crimes from managing adult use establishments until al limited disqualification .period has 'transpired in which those individuals hatre demonstrated that they are no longer criminally inclined to commit certain sse� islally related crimes. ( ) Adult lase establishments area pervasively regula-ced industry making reasonable inspections and administrative searches necessary to enforce regulatory standards,. fin sufficient lighting in (b) Removing doors.on adult booths and requiring s adult 'theaters advances the substantial governmental interest in curbing the illegal and unsanitary, sexual activity occurring at adult theaters. The pr,,ev�ant ion .of sexual ,contact, between patrons and employees at I, adult use establishments is unrelated to the suppression of free expression, butll serves to address the concerns raised in the findings' contained herein. (8) Separlatingl dancers from patrons; and prohibiting; dancers and patrons from engaging in sexual fondling and caressing in special cabarets would reduced the opportunity 'for prostitution and thus should deter prostitution and the spread of communicable diseases and infestations. Although a dancer's eroticj message may be slightly less effective when viewed from the minimum distance prescribed herein, the ability to engage in the protected expression is not 5 �J� �e' w I Re,gpirinci that the facilities of adult theaters be constructed of materials that;miay b 1p cleaned easily, L.hat the facilities be cleaned on a regular basis, and that fheliemployees cleaning the facilities'take reasonable precautions to avoid contact with possiIble disease-transmitting media is reasonably related to the protection; of both employees and patrons from sexually transmitted diseases. 1 egiiirit�g operators of adult use establishments to keep informaticti regarding current employee= and certain past employees will help reduce 'Ve incidence of ter�tain types of criminal behavior by faci oitatin+g tFo identification Of potential witnesses or suspects and by preventing minors from working in such.esitablithments. (11') The, disclosure of `certain information by these persons ultimately responsible for the day-to-day operation acid maintenance of the adult use establishment is sutpstant�ally related to the s4-►ificant governmental interest of redu:,ing or el;i i nating the criminal activity; associated with adult .use establishments'. (12) It is desirable in the prevention of the spread of communicable diseases and in itho' :investigation of criminal activity to obtain a limited amount of information regarding certain employees who either engage in the conduct that this ordinance `is designed to prevent or are likely to be witnesses to such activity. (1:3) AltCliou,gt the weight of evidence shows that adult bookstores or video stores selling Or irenting only adult material and having no adult booth/theater comporient have Om'i liar secondary effects as other adult uses, such bookstores or video stores do not promote the transmission of sexual diseases on the premises . Therefore, an exemptio,i for such limited adult establishments from some of tke requirements, but not the locational requirements of this ordinance, is appropriate- Sec. ; Sedgy. 41.-515., CJ�.finit ions. The following words, terms, and phrases, when used in this article, shad have the 'meanings ascribed to them in this section, except where the contelt clearly indicates a different meaning. ";adult arcade"" means a place to which the public is permitted or invited and :where coin-bp6rated or slug-operated or electronically, 'electrical,ly, or mechanically coitrol'ied still or mot-ion picture machines, projectors, or other image-producing;deiv-ices are maintained to show to patrons images whose dominant or predominant character or theme is the `depiction of "specified sexual activities" or ''spie" fied anatomical areas." Adult bobkstc�re or video store" means an establishment that derives more than half of its gross revenue from selling or reciting -adult material , or an establishment for which more than half of itsstock in trade consists of adu ,t material In measuring stock in trade for the purpose of this definition, t! e 6 i t :w n€rmbe- of waits of a,,rt1CIes available for sale or rent shall be counted. Arq uses' act ivi t1� occury,ing or, the premises other .than the sale or rental `of adult material shal�N 'preclude the establishment'`s qualifyirg'solely as an "`adult bookstore or vide store" and shall require the classification of the establishment as1anladult use other than an "adult bookstore or video store. ' Adui"t booth" means a separate enclosure inside an "adult use estab'lishment, " accessible to any person, regardless of,whether a fee is charged ` for access: The terms "adult booth'° includes', but is'not limited to, a ''peep, show" booth', "adult aroad�a` booth, or other booth used'to view "adult material." The term "adult booth" does not include a re`stroom or a foyer. through which any person can enter +,ori Epxit the establishment. '#Adult matri al" means any one or more of the following, regardless of whether it is nee for dsedm books, magazines, periodicals or other printed matter, paint;ings, drawi0gs1!, or other publications or, graphic media, or photographs, slides, transparencies, -films, motion pictures, video or audio cassettes, video or computer disks, or other visual or audio representations or recordings, or com user data story e'media which have as their primary or dominant theme matter p r depicting, illustrating, describing or relating to "specified sexual activities" or "specified na�tomical areas;" or, instruments, novelties, devices or paraphernalia wh7chiare designed for; use in connection with "specified sexua, activities." "Adult mode!li'ng' or activity center"' means an establishment, other than an '"adult bookstore, pr Video store, " "adult photographic studio,"' '`adult theater, or "special cabarpt1 where oi1"e`or more employees model , demonstrate or present any object for salei, or provide any 'service to patrons, while the employee or employees exhibit "specified anatomical areas. "Adult photographic studio" includes any business establishment which offers or advertises as its primary (business the use of its premises for the purpose of phottgra�phing '°specified sexual activities" or "specified anatomical areas. "Adult theajte'~" means an enclosed building or an enclosed space within a building, pr an by n-a it area used for presenting as a preponderance, of its entertainment, films , motion pictures, video cassettes or disks,,,`slides or ' similar photographic reproductions, recordings or other audio utter; or live plays, dances, or other performances, either by individuals or groups, whose dominant or pred1midiant character or theme is the depiction or description of specified sexual activities'° or, ""specified anatomical areas"" ' for the entertainment of patrons therein. The term includes,: but is not limited to, an establishment that Eras one or more "adult booths" or-'an "adult arcade," Adult use shall be` defined to include the terms "adult adult s" bookstore or video store, i, "adult' "adult ",adult booth, adult theater, special cabarets, "adult photographic s`tudios, " or "adult modeling or activity centers, " "Adult use ,es wa�b1 ishment" means a site or premises, or I portion thereof,) upon which "adult;, u �e'" activities or.opera'tions are conducted. I 7 I "Me.oho ;c bey'? r �"" shall mean a beverage ccr-ta?n ng morle than one percent of alcohol by'weigh,t, It.> shall be prima facie evidence that a' beverage. is an alcoiolic beverage if there is proof that the beverage ire question was or is ' known as v4hiskey` moonshine whiskey,`, shine, rum, gin, tequila, vodka, scotch, scotch whiskey, `braridy, beer, ?Halt liquor, or by any other similar name or names', or was contained An a bottle or can labeled as any of the above; names or a name similar thereto -!an d the bottle or cap, bears the manufacturer's 'insignia, name' or trademark. Any person who, by experience in the handiing of alcoholic beverages, or by Haste, 'smell , or :drinking of such alcoholic beverages has knowledge of the'altoholic nature thereof, may ';testify as to his opinion about whether such beverage is an alcoholic beverage.; "Applicant'° means any person as defined in Section 1.02 who has applied,fov' a certificate of compliance, a provisional certificate of compliance, or an adult use license. li tf ,` to " " "section," "subsection, " 3l 7! thapi:eri airt:icle, c►iyision, section, subsection, paragraph or "subparagraph" means .a reference to a provision contained within the Code of Ordinances of tho Cl'ty of Clearwater, unless the content expressly refers to the Florida St'atuteslor other' document. "Church" mean's , a premises or site which is used primarily or exclusivel) for religious worship and 'related activities. "Convicted'' means a determination of guilt resulting -from a plea or trial ,I regardless of whether Adjudication was withheld or whether imposition of sentence was suspended. ` s "Development tode administrator" means the person appointed by the city manager pursuant to' Section 36.031 of the city code, or any person designated to ,act on behalf of thie development code administrator. ''Emialoyee" mear+s a person who works or performs or provides services in connection with An '"adult use establishment," regardless of whether said persor' Js paid a salary or wage, or is an independent contractor, provided such person' has a relations�i�p with the business of or entertainment or services provided bo��' the adult use. The germ includes, but. is not limited to, performers;, managers, assistant managers,' stockpersons, tellers, entertainers, bartenders, ' disc ©ckeys, sales clerks , ticket takers, wa-sters: or waitresses, doormen, move projectionists, and dancers. The term is not meant to include repairmen janitorial' personnell , or the like, ' 'who are only indirectly involved in facilitating the 1opraticnof or entertainment or services provided inthe "adultt' use establishment. '" "Establish!d 'oil commenced business" means one of the following: (a) Properly 'licensed acid open to the public for business on or oeforr, October 18, 1993, and offering one or, more activities or entertainment fittin, the definition `of "adult else;" ' (b) Possessed- a current, valid and unexpired occupational license on or before October 18, 1: 93, for one or more activities or entertainment fitting thA S definition of ,",ad6 it rise,'' or 1� uljmttt'ed, on o before October 18, 19933 a complete and, accep ,_bile conditional use application or a building per�ait application on which t e applicant stated that the proposed use was: for 'one or mart activities r entertainment 1iitting the definition of "adult use. "Florida :St,attutes" means the general law of Florida and any amendment ' mendmen s thereto enacted;by the Florida Legislature prior to or during the regular sessi 'n of 1943 and still' in effect, and any amendments thereto which may be enact `d after the adopt;iol of this Ordinance. "Law enforc�pment officer" means any person who is appointed or employed . ;y the Oity, who is vested with authcsr!ity to bear Arms and make arrests, and wha e primary respons, ib+slity is the prevention and detection of crime or, tie erafca-cement of the criminal or traffic laws of the''state. "Licensee" means any person whose application for an "adult use" license has been granted 4nd who owns, possesses, operates, and controls the "adult use establ ishment "I " Ion-conford.1ing adult use establishment" Means an "adult use establishmen " that has established or commenced business at its existing location prior to October 18, 1993, and that is not in conformity with the locational requirements of this Ordinanlce, "Operator=" i1neans any person who engages in or performs any, supervise y activity which its necessary to or which facil:; ates the `operation of an°`'adu t use''e stab Iishment, " including but not limited to the licensee, manager, doorman, bartender, discJockey, sales clerk, ticket taker, anovie projectionist, or other employee. 'Ordinance', or "this Ordinance" means this Adult Use Regulation Ordinance (Ordinance 5490-910, unless the context :clearly indicates otherwise. "Patron means any 'natural person present can the "adult use" premises other than an operator air employee. "Person means as defined in 'section 1.02. "Private Performance" means the display 'br exposure of any "specified anatomical area"' b,y an employee of an "adult use establishment" to a patron whiffle the employee is in an area not accessible during such display to all other persons in the establishment, or while the employee is in an area in which tie employee is totally or partially screened or partitioned during such display from the view of all' pdrsons outside the area'. "Public recreation' area" means a tract of land which is used for a public park or public beach. The term includes, but it is not limited to, the Pinell s Trail and other;publicly owned property used for active or passive recreation l uses. I, "Pesidentialiy zoned pro-erty" means any parcel of property located in, a zoning district for which the zoning district regulations are contained 11 n g ` -5 i 4 a through and inCl��dirr�; 13 a:nd the Residential planned Develop,I t District des',"-- ed in zD"v asion of Article It of ih apt`r F40. 'School" means a premises or° site upon; which there is a public or private child day care Facility, elementary school , junior high school , middle school , senior high schgyol , or exceptional learning center. However, the term. 01" slew.nct inclt:d n a',premises or site upon which there is an institution devo ced solely to vdcati,onal or professional education or training or an''institutiop of higher educat!ioh including., but not limited to, a community college, iv. for college, four-year college or university. '°special albaret" means any .bar, dance hall ,' restaurant, or other plac of business which Zatures dancers, go-c . dancers, exotic dancers, strippers, rate or female imp r ohators, or `similar entertainers, or waiters; or waitresses that engage in "°speciifiied sexual activities" or display "specified anatomical areas." "°Specifledi `.anatomical area" moans: (a) l,es Ethan• completely or opaquely covered: lr ' Human, genitals or pubic region;; or 2: the entire cleft of the male or'femrale buttocks. Attire hat is insuf'ficieAt to comply with this requirement includes, but is not limited to, G-strings, T4ackC� and thongs; or I ;1•hat,portion of the human female breast directly or Pateral1 below a pointl ijmr�ediately above the top of the areola; this definition sl al I include the ent;ir°e lower portion of the human female breast, but shall not include anv Portion of! the cleavage of the human; female .breast exhibited by a dress, ,blouse 1 Oil rt, leotard, bathing suit, or other wearing apparel, provided the areol a n s 4 ns�t' �3xposed. a (b) Hwman mraie genitals in a discernible turgid state, even if compleiely and opaquely coveired. "Specifesl criminal act"" means: (a) Air offense under Chapter 794, Florida Statutes (relating to se:lual b ttery); (b) An offense under Chapter 796, Florida Statutes (relating) to prostitution.) (c) An offense under Chapter, 800, Florida Statutes (relating to lewdness and indecent exposure) (d) Are offense under Chapter 847, Florida Statutes (relating to obs(l�ene materials); or, (e) An o1Ffense under an analogous statute of a state other than Florida, or under an alaloclous ordinance of another county or city. 10 "Specified sexual activity ,r�?ans: I �a) Human slenitals in a state of sexual stimulation, arousal � tumescence; or (b) Acts of anilingus, bestiality, cunn lingus, coprophagy, coprophilia fellation, f1ap1111ation, masochism, masturbation, necrophilia,pederasty, pedophilia, sadlisn3, sadomasochism, ' sapphism, sexual intercourse, sodomy, cr urolagnia; or (c) Fon ling or other erotic touching of human genitals, pubic regior, buttock, anus or fleriale bru.ast; or (d) Excrtetory functions as part of or in connection with any of the activities set forl,th in paragraphs (a) through (c) of this definition. Sec. 41.596.1; 'Regulation of Obscenity Subject to State Law. f It is not thje, intent of the City Commission to legislate with respect to natters of obscenlity. These matters aria regulated by state law, including Chapter, 8471 Flgrildzk Statutes.' Sep.'. 41.507. ReguIat:ion of Massage Establishments Subject to State Lau It is notIthi° intent of 'the .City Commission to legislate with` respect to matters of massage establishments. These matters are regulated by the Florida Department , of Professional Regulation, Board` of Massage, and by state 1,ain Chapter 480, FI6rilda Statutes. G is DIVIiSION 2. LOCATIONAL PROVISIONS; NON—CONFORMING ADULT USES; CERTIFICATES OF COMPLIANCE OR PROVISIONAL COMPLIANCE; HARDSHIP RELIEF Sec'. 41.510. Location of`Adult Uses-- 9inirrium distances; Zoning Districts, Use limitations in' General. 4 , (l;!' Adult use establishment's shall comply with the following minimum distance requirements: (a) No adult use establishment may be located within 500 feet of any residentially zoned property, church,, schon'I , 'or public recreation area which is validly located oy has previously received legal authority to operate at its location. fib)' No adult use establishment may be located within 1,000 feet of any , other ,adult use establishment. (c The distances specified herein shall be measured along' a straight line from the nearest, point of any structure or portion thereof occupied by z�n adult use establishment to the nearest property line of residentially; zoned property, church,' school , public recreation area or other, adult use estab I i shment. In a multi-tenant or multi--user building, such as a 'shopping 13` �I ` . 1 i -en-ter , the -j j s t�;s ces sha i i �G measured i� )rR bite cif a u �� � .�a 0e T. n 9 tin building or structure utilized by and containing or bej�tAg utilized by any faicet of the adult use establishment. I` (2) Apt adult use establishment shall be located only, in the limited industrial district, as defined and described in Article II of Chapter 40. ! i claYs fresr the effective date of this Ordinance, and may cost roue tb ? tirra d1� Ci by 4"he dev oa,na—nt Corm€; �(�ff�# i P�{ "^f or ,r. �r 1pl cat- €° (2) To ;ob�ain a .certificate of compliance or a provisional certificate of compliance, sthe applicant shall provide the following information upon an application form to be provided for such purpose, accompanied by payment of a fee in an amount est.ablish'ed and :determined by resolution of the City Commission to be reasonably calq,ulated to cover the costs of processing the; application: (a) Name, mria ,lin;g address, telephone number of the applicant; , Street, of the ro � ) � p posed o g adult useq. existin I� (c;r Leal description of the property occupied by the proposed r existing; adult use; including the property boundaries; (d) A sur°via, or ri~ an accurate scale drawing i �.apared by a Flo a registered, sur�iveylor„ archi, Y',, or I e,r. sneer, showing the locations cif a Y churches, schools,, residentially zoned property, and'and public r,-:creation areas within 500 feet of the 'location of the proposed adult use establishment, arid showing the locatJ*cns of other existing adult use establishments withi t 1,09 O feet of 'Llie lo cation of the- proposed or existing adult' use establishment for which the centifiate is' being sought; (e) if the applicant's proposed location is the location of an existi g adult use est bllishment, the date the existing adult use establishme t established or cotmenced business including documentation of commencement., Su' i h as certificates! of occupancy, affidavits', receipts, or business records, and (f) if ?thy: ia,pplicant is not the record owner of the subject parcel , a letter from tho record owner containing -the notarized signature of the record owner and stating that `'the applicant is authorized to seek 'a certificate of compliance or ` a provisional certificate of compliance as an adult u3e establishment.. ; (3) In the event the development code administrator determines that t e applicant has net 1prov ided the information and documents 'required by subsection (2) 'of this section,: the development code administrator shall send notice to t' e applicant by certified mail return receipt requested no later' than;15 calendar days after the ;dal:e the application was ifi led, in»forming the;applicant of t!`e reasons why the appiication is incomplete, The development code administrat+'r shall allow the ajplicant 30 calendar days from the receipt of the notice to complete the application. The time "period for granting or denying a certificate under subsection ( ) of this section shall stayed during the period in whi, h the applicant is allowed an opportunity to complete the application. (4) The de;vel opment code admi n i strator sha l 1 grant or deny an application for a certificate of compliance or a provisional certificate of 'compliance within 3C calendar to S a ter the date of the filing oil the completed application. T�e development code administrator, within 3t� calendar days after the date the completed appl`icati6n was filed, shall send notice to the applicant by certified mail return receipt requested of one of the following: 13 i ., If the, z a-l'On fir a new or e,ist.ing adult use establishmenit �_o,.pi 6-,s t,wh the loc3tional provisions cf Section 41.510, then the development code administrator shall issue to the applicant a certificate of complianceR If an existing adult use establishment is a nor conferring adult''u sl establishment, then the development code administrator shall issue to the applicant a provisional certificate of compli;znce; or c If tihe location of a pro: osed new dealt use establishment does not comply with the GICational provisions of section 41.510,- then the development code adrinistratior shall issue to the applicant a notice of denial , which shall explain the reason for° the denial . (5) Any aapplicant aggrieved by a decision of the development cod ' administrator pursuant to this section shall have that right of appeal to the cit manager. Such appeal shall be taken by filing with the 'city clerk, within 3 calendar days after!,receipt of the development code administrator`s notification a written istatement, setting forth in full the grounds for such appeal. The city clerk,, shall forthwith notify the city manager. The City Manager shell hold gearing within SQ calendar days after the applicant files the appeal. Th applicant shall ibe';Given notice of the hearing at least 10 calendar days prio to the hearing ' and shall have an opportunity to present evidence on th, applicant's behalf, to cross examine witnesses, and to be represented by counsels. A written decision b2� the 'city manager to affirm or overrule the decision of th{ development coda administrator shall be made within IO calendar days of th� hearing and shall be final and conclusive,' subject to judicial review by common, law certiorari in the circuit court for Pinellas County. The city 'manager ma delegate the authorlity to hold a hearing and to decide an appeal pursuant to thi subsection to a depiuiy city manager or an assistant city manager, whose decisio, shall be as final and c'anclusive as if made by`; the city manager. See. 41.513. Conflicting Applications. 1 Beca* the potential exists for the inadvertent iszuance of certificates of compliance or provisional certificates of compliance to adult use esial�lishments that violate the locational provisions of this article, the development code administrator shall develop a system for trac k in± applications And,fdr ranking them by date and time of application and date tha� an adult use establ;ishrnert existing on October 18, 1993,, was established or commenced 'business. BetwJ1011 two applications being processed at the same' time, the applicant" who filed first shall be considered to be the operator of the confor;;iing adult use establishment, if that application is approved and if ni other, reason exists to consider the establishment nonconforming. Between applicants, one oaf whom or both of whom operated adult use establishments tha '` existed at the pi~e ises on or before October 18, 1993, the adult use establishment that first established or commenced business at the location shall be considered to bel conforming if no other reason exists to consider thy ` establishment nonconforming. 14 I i IC E 3. ADULT USE U ENSE Sec. 41.521 Adult use license required; classification. (1) 'Within 90 calendar days of the receipt of a certificate of coMpliancE or a provisional caryt,aficate of compliance for an adult use establishment, the appiicant shall 3o.bmit an application for an � adult use license and � shali thereafter obtaiil ��n adult use license. I No adult use establishment shall bE permitted to operate without having been first granted an adult use license b�' the development cocei administrator, However, an adult use esLabl-shnien�t; that' established or commenced business on or before October 18, 1993, and for whi& a certificate oficcimpliance or provisional certificate of compliance has beer 'issued, may continue to operate pending a decision by the development ' codc adraknastrator on.thle application for an adult use license. (2) Adult. LAs(e licenses shall be classified as follows,; based upon the information in the application and subject to , subsequent inspection for� verification: (a) adult biookstore or video store; (b) adult miola�ling or activity center; (c) adult plhotographic studio; (d) adult theater; or (e) special, cabaret. (3) An adultt Iuse license for a particular adult use establishment shall) be limited to one classification for each 'license. An adult use est:ablishment desiring -to operote an establishment with more than one classification of adult' use activity shall dubimit an application and obtain a separate adult use license for each adult use cIlassifi cat ion . Sec. 41..522' Apolication required for adult use license; rejection of incomplete application; granting or denying application for license; ,appeal. (1) Any person desiring to operate an adult use establishment shall file) with the development code administrator an application on an application farm -to' be provided by the development code administrator and shall pay ,a non-refundable)I: application fee in an amount established and determined by resolution of the City) Commission to be; reasonably calculated to cover the costs of° processing the application. If the'a.pplication is approved and a license is granted., the fee' shall be applied' as a credit towards the annual license fee required for the first year. (2) The completed application shall' contain the following information and) shall be accompanied;by the following documents: (a) If the apipl ica'nt is. T. A natural person, the applicant shall state his legal name anc any a'1 iases and submit satisfactory 'proof that he is not less than 18 years of age; or 15 i 2" :� t"4r33"?`'+i�.'7� 1ip the applicant s� u'. JtG�Le its complete 'Idm� t Y1d v&:,-ther 1h f a Lt k,! }hii a# s4 tlj'tfl era i of limited, a3iN shall state )fie #G �® FB :Yak 3 t e '` ases, and d yes' a= b i r t r of all gener2t 1 partners and of a l;1 limited partners having either direc;t:, managerial , supervisory, or advisor"y responsibilities jor day-to-day operations of the adult use; or ' to c 3. corporation,Drat..ran th., a . rcanl shall sea�.�_i complete . a e the p � pp i.aLmp cn €r! , date of its incorporation and ' ,.a nam.z of the state where it was .incorporated, the name of -thy registered agent and the address of the registered off for service of process;, evidence that the corporation is in good''standing,, and the legal names, 'aili4ses, dates of birth and office or capacity of all oIfficers, directors, and,.si:ockholders having either direct, managerial , supervisory, or advisory r opoosilbi l ities for day--to-day operations of the adult uses (b) if i the applicant ''inten'ds to conduct the establishment under a na me other than thaIt & the applicant, the establ'ishment's Fictitious name. and the certifizad copiof the applicaryt's registration with the Division of Corporations of :the Department of State pursuant to Section 855.09, Florida Statutes; (c) Th general nature of the type of adult use for which the applicant J s seeking a ,llicen!51 stating the specific classification of license f,,or which the ap p licant: r!s `iling,,and including a statement concerning the degree to wh ch the ant cipatdd 'activi ies ;'at the adult use greet the efiniti ins of' the enumerated adulltl use classifications listed in <Section 41.521(2). If the applicant is Hegtaesting an additional :adult'' use license, different from the existing adult�us;e;,establishment's current classif'icati'on, or the 'applicant is regUest ng multiple adult use licenses for the same establishment, the a plicant shall explain ;h&gJ.he multiple adult use activities will interact. Such a irr-i=ormation shall! serve as an initial basis for thy: permitted activities a11oved under the licenses 'issued$ (d) The lracatidn of the 'proposed establishment, including a leolal description oflthe property site, and the street address of the location, (e) The IkOl names, aliases and dates of birth of the employees for the proposed establ shm�.nts (f) The applicant s mailing' address, residential address, and residential telephone number (if any); (g) A dopy', of the certificate of compliance or provisional certificate of `compliance; (h) Whither the applicant or any other person listed pursuant to subparagraph (a) above has, within the three year period immediately preceding the date of the application, been convicted of, or been_ incarceratecl or been on probation or ppral'e for committing, a specified criminal act and', if ;so, t'he specified criminal act involved, the date of conviction, and the place ,of conviction; and (J For a new adult use establishment or for an existing adult. use 16 dt estat I ish,men z tiia at 'i ntelnd S) to convert to an adult .lrscdel:3 ng or, activity C.t?l7 tqr, an adult photographic studio, an adult chef:er, or a special cabaret, or to e dd ally of the foredoing to its existing adult L_f�, ara interior floor plan, incl6dina all windows, , doo;rs, entrances and exits, fixed structural features, walls, stages, 'partitions, projection booths, admission booths, private performance areas, adult booths, concession booths, stands, food service equipment, counters and similar, struct€l, es, and a designation of any potion of the premises in which patrons will not be permitted; and ( l) worn statement attesting to the ,accuracy of -the information provided in -the appl icat'ion and to the fact that the appl icant wi l l own, possess, operate,, and exorcise control over the proposed or existing adult use establislment. (3) In the 'event the development code administrator determines that the appl 1cant has act' provided the information and docments required by subsection (2) of this sectid)n, the development: code administrator shall send notice to the applicant„ by certified nail return receipt requested no later than 18 calendar days after the date- the application was filed,i informing the applicant of the reasons why the application is incomplete. The development code administrator shall allow the 4.pplicarrt 3 calendar days from the receipt of the notice to complete the application. The time period for granting or denying a certificate under s�tsecton �,4) of this section sha l be stayed during the period in which the applicant is I allowed an opportunity to complete the application. (4) The development code administrator shall grant or deny an ,application for a license 1wiihin 30 calendar days ' after the date' of the filing of the, completed appli'cat on. The development code administrator shall send notice to the applicant ;by I tertif-i_i mail return receipt_ requested no later _than 30 `calendar' days aftter the date of the filing of the completed 'application, informing the;appl'icant of the decision. If there is no basis for denial of the application p rsular�t: to subsection (5) of this sectior7, the development come administrator shall issue the license to the applicant upon the applicant's payment of the appropriate annual license fee required by section 41.523. I ( ; They development code administrator shall deny the application if (a) The a�)plication contains materially false information; or (b) An 'applicant has been convicted of a specified criminal act' and:l 1. less than one year has elapsed since the later of the date of the conviction or the date of release from confinement, probation or parole imposed for the conviction of a misdemeanor offense; or 2. Less than three years have elapsed since the later of the date OT conviction or the date of release from confinement, probation or parole imposed for the= c6ni viction of a felony offense. (c) The fact that a conviction is being appealed shall have no effect on L disqualification of the applicant. 17 L n a da't use establishment that established or commenced busiiness 'on or before OC-tobeir lads, 1993, shall be exeTTrpt from the requirements of tyris subsection_ { Any applicant aggrieved by any decision of the deve'6opmerL cede administrator pursuant to this section shall have the right of appeal to the city manager. Such appi�al shall be taKen by filing viith the city clerk, within 30 calendar days after receipt: of the development code administrator's notification, a written statomeint setting forth -fully the grounds for such appeal. The city clerk shall fotth�with notify the city manager. The city manager shall: hold '!a hearing ''withirL, 36 calendar days after the applicant files the appeal'. The applicant shall! be given'notice of hearing at least lO calendar' days prior to the hearing and sh 7l; have an opportunity to present evidence on the applicant's behalf, to cross 0xiamine witnesses,` and to be represented by counsel A Written decision by the ; city ;manager to affirm or overrale the '.'. decision of the development cede 'administrator shall be rude within 10 calendar :days of the hearing and shall be final and conclusive„ subject to judicial review by comarTOn- law` certiorari '.in the circuit court for`Pine]las County. The city manager Tray delegate the aTuth6r:ity to hold a hearing and to decide an appeal pursuant to this subsection to a; deputy city manager or an assistant city manager, whose decision shall be as final, and conclusive as if made by the city manager. Sec. 41.523 nnual licensing regulatory fees; term of license; re ew,als; expiration; cancellla.tion. {1) in 0rrlier to cover the administrative and enforcement costs associated with these regula..ibins, there are hereby levied annual licensing regulatory fees for an adult use establishment in amounts to be established and determined by resolTUtion of he, City Commission. (p) The ahraual fees collected pursuant to this section are declared to be 'regulatory jIe6s, which are collected for. the purpose of examinationi, and inspection of adult uses under these regulations anti the administration thereof, These regulatory fees are in addition to, and not in lieu of,; the occupational license taxes, bul lding permit fees, and other fees :imposed by other 'sectitrns of the Cade' of Ordindunices. (3)' A; liclanse issued under this Ordinance shall be an annual license which shall comiiedce on October 1 if' the fee has been paid, or on such later date when the fee shall l have been paid, and shall expire on September 30 of the following year. 1,f a license is issued after October 1 but on or before March 3? of the fol lowiTg year„ the applicant shall'' pay the license fee in full, tf a license is -issueed after March 31 but 'before October l of the same year, the applicant shall: pca.y one-half the license fee.' ( l Lid noes shall be renewed annually. Subject to compliance with alll other applica lie provisions of. this Ordinance, a licensee shall be entitled to a renewal of the annual license from year to year by presenting the license for the previous year and by paying 'the appropriate license fee and updating the information suppll ied with 'the latest application or certif;+ing that the information s pollad remains unchanged. I h I A5f license that is not ��eny�:ecl by October I of each.year shall expi�re. An expired license may be renewed. by November 30 of the same year upon paymer,t of the licenso fee, and upon payment of a penalty of ten percent of the license fee for the molntlh of October, or fraction thereof, and an additional penalty of fi4:e percent of the license fee for the month of November, or fraction thereof. (6j Aljl expired licenses not renewed by November 30 shall be deemed nonrenewable Sec. 41.55,; Transfer of license. (1) A licensee shall not transfer a license to another person, or surrender owner-Hp, possession, control and operation of a licensed establ'ishmentlto' uch other, person, unless and until such other person submits an' application iii ;compliance with section 41.522 and obtains approval, and pZys; a transfer fee of 10 percent of the license `ee. (2), Nd 1 li c;en se may be transferred pursuant to subsection (1) of t i s section' when she city manager has nogafied the licensee that suspensionIor revocation prtl,ce�;dings have been or will be brought.against a licensee. (3 li�mensee 'shall not transfer his license to another location. (4) Any Attempt to transfer a license, either directly or indirectly,) in violation of this :: section is hereby declared void, and the license shaI! lbe deemed abandoned and shall be subject to revocation pursuant to section 41.63. Sec. 41.521 C,hanging name of establishment. No licensee ma chap n e the name of an adult use establ'" ° y 9 �shmeni. unless and until the Ii4 nseei gives the, development code administrator ' 30 clays notice in writing of the! propiosed name, change, pays the development code administrator a $3.....00 charge of name fee, complies with Section 865.09, Florida Statutes, and presents evidencie of compliance with such statute to the development c`de administrator.; II III. 5IVII SI ON 4. OPERA HONRL REQUIREMENTS FOR ADULT USES Sec. 41.631. (General Requirements. Each adult; use establishment shall observe the f=ollowing general requirements. I) Conforiln to all applicable building statutes, codes, ordinances and regu l at ons, whether federal state or local . (2) Confor;n to all applicable fire ' statutes, '.codes, ordinances, and regulations, ;wfikhier federal , state or :local. 19 i (3) Conform to all applicable health statute, codes, ordinar:ces, Bard regulations , whelthier federal , state or local . (4) Cnf °rru to all applicable land use and zoning laws, ordinances, and regulations,;;Wheither state or local. (5) Opaquely cover each non-opaque area through which a person outside the establishi-�)ent may otherwise see inside the establishment. (f), Mal in'taIn a record of all employees who are currently employed by the establishmert 1and f all former employees who are employed by the establishment during the prejcediing one yeah period, containing the employee's full legal nave, aliases:', and d4t4 of birth. for the purpose of this subsection, "employee" means as defined in �sePt,ion 41.505. 'Sec. 41,532 'Adult Theaters. In addition to the general ;requirements contained in section, 41:531, an adult theater ;shalll observe the following special requirements: (1) If the adult theater contains a, hall or auditorium area, the area shall comply sitlh each of the following provisions. Hive' ilndividual, separate seats,' not couches, benches or the like, (b) Hove, a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle as well as from time manacerl's station at all times; and (c) Hived ci s#gn posted in;a conspicuous palace at or near each entrance to the Hall or a diltorium area which,lists the maximum number of persons; who may occupy the hall r auditorium area, which number shall not exceed the number of seats within; the) hall or auditorium area. (2) The adult theater shall have one or more,manager's stations. The interior of the jpre mises shall be configured' in such:a manner that there is an unobstructed v.i l 'from a manager's station of every area of the premises to wh i ch any; .patron i'si p rr�itted access for 'any purpose,' excluding restrooms. Adult material shall; ndt be aaai lab>le or allowed in restrooms. If two or more manager's stations are'design,ated; the interior of the premises shall be configured 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 purposes from at least one of the manager','s stations. The view required in this subsection shall be by direct line of sight nom ;the .manager' s station, a e. out of the operator present in the remises to (3) It sh�� Il be the y p p p ensure that the area ; specified in subsection (2) of this section remains unobstructed by arty door, wall , merchandise, display rack or other material 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 in the application filed;pursuant to section 4'.522(2)(i) as 'an area in which patrons will not be per ri ,ted. 2,0 I (4) it is' the duty of the operator, to ensure that at least one ernp yee is on duty and situated in each manager' s station at all times that any patron is present inside the premises and that the employee is coati pia? :y monitoring thel activities in the adult theater for violations of' the provisions of $his Ordinance and;of sate law. (s5) The licensee of an adult use establishment may seek a hardship re, ief from the provisions of subsections (2)_, (3) or (4') of this section by,-filirg a -request for such relief with the city clerk. if, 'upon presentation at a public hearing before the development cede adjustment board following notice of the public hearing as provided in Section 41.5141 the development cede adjustment board is satisfied that the licensee will utilize operational procedures or technology s uffQAt to guarantee, to a degree similar to the provisions &f,this section, that, the' areas of the establishment to Which patrons have access are monitored for iviblations of this Ordinance and of state law, the board may q ant such relief, 1 If sufficiently 'conditioned to assure monitoring, and notice to patrons, the direct line of 'sight requirement. of subsection 2) of this sect ton may be ;varied;by the substitution of video surveillance. The board Oay condition the hardship relief so as to ensure that the operational p ocedures or technology O l l be utilized. The fai lure to follow the conditions bf 'thy= hardship relief may result in a review by the denlopment code adjustment board, at a, public hearing, with notice and opportunity for the licensed to be heard. Revocation of the hardship relief may be justified Iif, based upon the prptentation at M heaving, assn, ances serving as a basis for issuance of hardship relief are found to be not satisfied. Any decision of the development ;adjustment code board shad be final and conclusive, subject to Judicial review ' by common-law certiorari in the circuit court for Pinellas county, 1'6) The p remises shall be equipped with overhead lighting fixtures of sufficient Aten;s-Q tm illuminati every place to which patrons are permitted access at an illumiination of not less than one foot candle as measured at the floor level .` It shall be the duty; of the operator to ensure that such i1'1umination is rrEainta'ined at all times that any patron is present in the prerni ses. (7) If the adult theater contains adult booths, only one person shall be permitted to occQp,y the booth', and each adult booth shall comply with each of the following prolOAsions: ( ) Well sign posted in a conspicuous place at or near the entrance which states-thatt only one person may occupy the booth, (b) Have a permanently open entrance not less than two feet wide and Inot less than silt Not high, which entrance small not have any curtain rods,': hinges, ra''sls or the ''like, nhich -would allow the entrance to be closed or partiallyr c1cs�ed by any curtain, door, or other partition; (c) Have an individual , separate seat, not couches, benches or the lil,ke, which permits only one person to occupy the booth; (d) Ha.ve,a' continuous main aisle alongside the booth in order that each 2]_ is I pea n situated in tt�e booth shall be visible from the aisle ac well as from tho mana er's ,stati:on 811t {ill times, and (e) Nave', e;Kt:ept, for the 'entrance; walls or cart i io" s of so.l i1� construction awitho ' any holes or opening: in such walls 'or partitions. 8) Requr��ments of this section are applicable to any adult theater An adult theater that established or commenced business on' r before October 18 19931,' 'shall, compl�y.�.J th the requirements contained within this sect ion with,n si; mont s fromm the effective date of this Ordinance. sec. 41.5 �1. ;Refurbishing of Adult Treaters. {1) Each; adult theater shall cover the floors of areas accessible to patrons with smooth ; a=nd non-permeable flooring material which can withstand frequent.eff��-t ive clleanin_g'with industrial strength cleaning agents. Carpet�ini of any k i nn .i s pro hi] i ted. i 2) £ach!adiu11: theater shall c jer furniture permitted by this Ordinance for ease by patrons 11N it.h a smooth and inonr permeable upholstery material that can withstand fregrebt ;cleanig with industrial strength cleaning agents. � M13) Each; arallt the shad have, in areas accessible to patrons, interior wall surfaces which can withstand frequent cleaning With industria* strength cleaninggients. (4) Each t adiu � theater shall use only those shades, blinds and vertigo' blinds that can iwithstand frequent cleaning with industrial strength cleanin< : agents. ilraperie� ire prohibited, (5) The rfeg1tirements of this section are applicable to any adult theater. An adult theater ,th t lestab.lished or commenced business on or before October 18,; 1993, shall comply �ith the requirements contained within this section within si) montbs. from the effective date of this 'Ordinance. Sec,'' 41.534. iS:nitation. (1) All jareas of each adult theater accessible to patrons shall be maintai on file at t � to � �r the a,��l :. theater and �a copy shy l-, be provided flied °to emir person c l e4n i ng or san it,zing the :1reas accessible to 1"he paftra ns. Each such in ividual shall certify, that heli has read and understood the procedures by signing a copy of the procedure. The signed copy 'shall be kept as a part of the records of tine adult neater and opien, for ins action by the Health Department, law enforcene-t officers, or the development code administrator. (4) If the adult theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter° of the establishment so fenced, that the material to be seen by those ,persons, may not be seen from any, ;.public right of-way, residential zoned property, chclrcih, school , or public recreation area. (S) The requirements of this section are applicable to any adult the-; e�°. An adu'it theater that established or commenced business on or before October ' 18, 1993, shat l comply with the requirements contained within this sect ion withit six months from ih4i effective date of this Ordinance. Sec. 4.1— 5. Adult Modeling or, Activity Centers, Adult Phd ogra hic Studios, Adult Theaters, and Special Caal)arets. In addition to the general requirements contained in Section 41.531, an adult iodeli lg �)r activity center, adult photographic st° 1o,', adult theater, and special cabaret shall observe the following; special requirements: (Image shall be provided for the display dr, exposure of any s,pocified anatomical area by an employee to, a oatron and shall consist of a permanent piaitfprm (or other similar permanent structure) raised a minimum (f 18 inches above thy= surrounding floor and encompassing an area of at least 36 scuare feet; and (2) the stage shall be at least three feet from the nearest table, chair or other accommodation where food or drink is served or consumed or petrons' are located. (3) 4ny area ,in which a private performance {occurs shall.. (a) Navia;a permanently open entrance not less than two feet wide and not less than sixc feet high, which entrance shall not have any curtain rods, hinges, rails, or the 1 ike which would allow` the entrance to be closed or partially closed by any cOrt.ain door;, or other,partition, and (b) Hav6 a wall to well , floor to ceiling partition of solid construction without any }poles or openings, which partition may be completely, or partially transparent, anti which partition separates the employee from the patron viewing the display'. (4) An adults use establishment that established or commenced busine!I;s on or before October 18, 1993, shall comply with the requirements contained within this section wiiWhin one year from the 'effective date of this Ordinance. DIVISION 5. PROHIBITIONS, ENFORCEMENT; SUSPENSION OR REVOCATION 23 Sec. 41.601. Prohibitions. i; 14 shall be a violation of this Ordinance for any operator of an adult use est�bl;ishment to operate such? establishment where the person kncws or sglould know that.` (a) The 'adult use establishment has no certificate of compliance or provisional certificate of compliance; (b) The Nadlult use establishment has no' adult use license or has an adult use license that is, under, suspension; or (c) The 13dult use establishment has ab adult use license that has been revoked or that h8s expired. it sihcl'1 he a violation of this Ordinance for any operator of an adult use establishment to operate without satisfying all of the general requirements of Isec.tion 41.531(5) and (6). (3) It sl < 11 be violation of this° Ordinance for any, operator of an aduIt operate without satisfying all ,of the special requirements of sections 41.5 2 1thrvough 41.535, inclusive. (4) I s1ha11 be a violation of this Ordinance for any operator of an adult medal ing;or! activity center, adult' photographic studio, or special cabaret, to operate Withouit satisfying a'. ' of the special requirements'of section 41.535. (5) It shall be a violation of thin Ordinance' -For any operator of an adult use� estWilisliment to operate and to knowingly or with reason to know, permit or allow, the entrance or exit of the adult use establishment to be locked when a person 116ther than an employee is inside the establishment. (6) It shall be a violation of this Ordinance for any operator of an adult use establishment where alcoholic beverages are sold or consumed to operate and to knowing y or with reason to. know, permit or all any activity, prohibited by' Section 6.43 of the city code to occur on the premises. (7) It shall be a violation of this Ordinance for any operator of an adult use establishment to operate and to knowingly or with reason to know, permit or allow gray employee: (a) To engage in any specified sexual activity at the adult Muse establishment. (b) 7o disiplay or expose any specified anatomical area at the adult i,use establishment unless such employee is continuously positioned in an areal as described in section 41`.535; (c) To. display or expose any specified anatomical area while simulatling any specified sexual activity with any other person at the adult Fuse establishment, inc�luding with another, employee; 24 "d To engage in . pr: ovate perrormance unless such employee is in an Area ,hich complies with the special .requirements of section 41.535(3) (e) TO intentionally touch, either directly or through a medium, Iany patron at the' use establishment While either the employee or -the patron is engaged in th display or exposure of any specified anatomical area; (f) To voluntarily be within three feet of any patron while engage , in the display or exposure of any specified anatomical area. ( I;it shall be a violation of this Ordinance for an Operator of an adult use establ isht;ent to advertise the presentation of any activity prohibited by any applicable AAA statute or local ordinance'. (g) It shall be a violation of this Ordinance for an operator of an a ult use establishment to operate the establishment and, knowingly or with reason; to know, , permit nor allow ,a person under the age of 13 years to': (a) Be �hdmi tted to the adult use establishment; (b) Remain at the adult use establishment; (c) Pur�:hase good or services at the adult use establishment; 'or (d) Wjprj at the adult use establishment as an employee. (10) It small be a violation of this 'Ordihance for any person to act as an employee of an adult use establishment that he or, she knows or should` knoiA has no adult use 1101:einse issued by the city, or which has an adult use license that is under susoini on, has been revoked, or has expired. (11) It shall be a violation of this Ordinance to operate ary adult) use establishment. at which the records for employees required by section 413311(6) have not been Ampi led or are not available for inspection. (12) I=t shall be a violation of this Ordinance for any employee of an adult use establishment to knowingly engage, in any of the activities described in sulasectiori (i7} of this section. (13) It ihall bd a violation of this Ordinance for any patron in an adult use establishment to intentionally touch, either directly or through a medium, an employee waho is displaying or exposing .any specified anatomical area at the adult use establishment. (14) A shall be a' violation of this Ordinance for any patron to voluntarily be ,within three feet of any employee displaying or exposing, any specified anatomical area at the adult use establishment. (15) It shall be` a violation of this Ordinance for two or more persons to occupy an ad4it booth. (16) Notwithstanding; any provision of this Ordinance'which may otherwise 25 13 be construed to t°te Contrary, 'i% shai i not be a violation of this Ordinance for i1y' eHip oy�?e of n 4tklt Cosy Sta l isra�Iler` to expose se ir;y specified anatomical area d pring the emplGvee`s bona fide use ok s k_.estn oom, or during the employees bona fide use of dressing room which is accrassible only to employees. (17) It shin il 1 be a violation of this Ordinance for any operator of adult use establis[h�ment to allow such adult use establishment to remain open f r business, or to permit any employee to engage in a performance, solicit 1 a performance, make ;a, sale, soi icit a sale, provide a service, or solicit a serf i e between the hours of 2.00 a.m. and 18.00 a.m. of any day. (18) It sh�il l be a violation of this Ordinance for any employee of an adult use es tab'li�;h¢rent to engage in a performance, solicit a performance, ma<e a sale, solicit a sale, provide a service, solicit a service, `between the nou`s of 2.00 a.m. and 8:00 a.m. of any clay. X19) It ishail be a violation of this Ordinance for any employee of n adult use establishment to display or expose, specified anatomical areas while situated. outside an structure or the site of an adult use establishment or while situated at any otlher location on the site that is visible from any public righ of-way or side,4al�:. Sec. 41 .6,02 Enforcement. A violation cif section 41.601 shall be punished by a fine not to exceed $500.001 or imps ilsoninent for a term not exceeding fiO days, or by both a fine a d imprisonment, `as may be imposed by the county court. Each day any v iolation O section 41.601 `shell continue shall constitute a separate offense.` See. 41.603, Suspension or Revocation. (1) If an adult use license was granted based ; upon ''materially false information or misrepresehtation of material fact, then the city shall have ju t cause tea suspend oir' r°evoke the idol' use license for the adult use establsklme t for` up to one yeah Suspension or revocation shall be by the city commissi n pursuant to the! p�rocedure set forth in this section. 2) If can operator or employee of an adult use establishment is convict d of 'three or more violations of section 41 .601 of this Ordinance within a licensing year or three or more specified criminal acts occurring on the premis s of the establishment within a 'iIicensing year, the city shall have just cause to suspend or revokei for up to one year the adult use license for the adult Oe establishment. 'Su!spension or revocation ,hall be by the city commission pursuant to the procedure set forth in this section. It shall be an affirmative defen' e if an oviner I of the ,adult use establishment imposed reasonable precautions to prevent an operator, or ;employee from violating section 41.501 or committing specified criminal acts. (3) If the >city Manager determines that a violation of subsections (1 or (2) of this sei' tion has occurred, the city manager shall schedule a;public hearing before the city commission. The person who filed the application for to adult use licehsel shall be given written notice of the hearing at least �O 26 cale;tdar days_ u, o , to the hearing and ^.ha& have an opportunity to present evidence; to cros$-examine witnesses, and to be represented by couhse1. The decision of the My comYssion shall be final and conclusive, subject 12 judicial revieW by coupon-lair certiorari in the circuit court: for Pines tat County. Section 22, This ordinance shall take effect immediately =pon adoption,' PASSED ON �A ST READ I€�G AS AMENDED �3o t��er 21 , 1993 PASSED OW ,COND APED FINAL READING ANO A ORT A'S AMENDED � November S, 1993 r ?t tt liGarvey Mayor-Coy issioner Attest. Approved as to form anti correctnes , f ' C;gnt a d G 4 d . A, t�aIA' h, City ilerk City'Attorne i i 27