Loading...
1888 5 Y ' rft7 ?!rr??t?aig7? ??r'. 7': ??" ?fi l !s' ?hy4', ,;r?;'•r•,•i F Ml_ ?t,?,e.itgs't???-,'_?', _.:?.s+1?ki3?:?:.._....?+,a'.?xy?.k:?.#f's;•,'::,... "t+-.._,::?s?r'.}.??i??s??:??.?:';?1'.?:Espcl.es!au,?._•f,,s.-:?.,..ti;?,':;a.:..??r:;??4°+ 1':,: -, .. 'tP?pdFl• R 1 d? Y . >x F 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 -1- : Ord *- i88'8' ' ' - - r te .. ?'T?.?l s'1:: ???`??f''??.•, t??? t ??'Y; 'sST? f? Y r?.`.fw...a .-???_???•?a t1;?J1?'??,`?j ???',?sF:{r?7e •" ? ".?, ?.??? Tnv r?l"ir":. ':£iSE_.':?:'??h?:.?. ,_,..,.?;..?,., .. ,.?. ."Zi?.., _. ,. rS. ?... aa.??sie'S?2,aL.__;;ii'd?[.:....._:3rLia>[•?•e_?Ai..'.?`x°_.F4,...r:?s1Nf+?r?I.'s??"i'V1"?t?4#'}..?? `h?... 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 0 rd,.#1888 -2- 1 3/1/79 ?s ?yn i i is ¦i L •:'' ???s??'??lt??!?f?"?!?`?''?"'31y?',?tt!A I'`;Yi?f."?;?4'S'" ?'r•?h >.?', ?,.5,?,rkwiH???.•"?r, as..'s-t: ?.F,.k?*?»e?'_?? .+?. ,,,'! ''ls;r?.^?; •. :_ ;fir .?x;,r;:v;:?'+.?,+°f. :,.?•t `?4?..„?: 4',*s,•a;?, :r "Ss3,?"ry,..???"??' ';?cax•?., f ' t z j (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. 8 ,' gap Zt• ,%M -3- s : I'll 1 1 ? 0 - 1 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 1 R. eA','i % ;: - Commis sione' Attest: f pS?.e e.,Gl?e-.- 4? ?•f.G.?-rte City Clerk .l