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HomeMy WebLinkAboutO-80-15ORDINANCE NO, AN ORDINANCE CREATING SECTION 4-3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA (1980) PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES .ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON OWNING, MAIN- TAINING OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CON- SUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTING ON THE PREMISES OF SAID ESTABLISHMENT THE EXPOSURE OF PRIVATE PARTS, FEMALE BREASTS, OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; PROVIDING FOR PENALTY; SEVERABILITY CLAUSE; EFFECTIVE DATE. WHEREAS, the Council of the City of Sebastian, Florida, finds that there is presently, in near-by counties, an increasing trend toward nude and semi-nude acts, exhibitions, and entertainment, and toward the utilization of nude and semi-nude female employees engaged in other service oriented aspects of and by the commercial establishments subject hereto; and WHEREAS, the Council finds that the competitive commercial exploitation of such nudity is adverse to the public's interest in the quality of life,'tone or commerce, and total community environment in the City of Sebastian, and WHEREAS, the Council finds that there is a direct relationship between the concurrent consumption of alcoholic beverages and the nude and semi-nude activities mentioned above, prohibited hereunder, and more fully described hereinafter and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community, and further finds that 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; and WHEREAS, the Council finds that in order to preserve the public peace and good order, and to safeguard the health, safety and welfare of the community and the citizens thereof, it is necessary and advisable to regulate and restrict the conduct of owners, operators, agents, employees, and patrons of the commercial establishments subject hereto; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORDIA, AS FOLLOWS: SECTION I. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a new Section to be numbered 4-3, which said section reads as follows: Sec. 4-3. ALCOHOLIC BEVERAGES-PROHIBITION. (1) It shall be unlawful for any person maintain- ing, owning or operating a commercial establishment located within the corporate limits of the City of Sebastian, Florida, at which alcoholic beverages are sold, offered for sale for consumption on the premises, and/or dispensed to patrons 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 that area of the human female breast at or below the areola thereof. 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 breast as described in Sec. 4-3 (1) (a). To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage. (2) It shall be unlawful for any female person while on the premises of a commercial establishment located within the corporate limits of the City at which alcoholic beverages are sold, offered for sale for consumption on the premises, and/or dispensed to patrons 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 breast as described herein. (3) It shall be unlawful for any person, while on the premises of a commercial establishment located -2- within the corporate limits of the City of Sebastian, Florida, at which alcoholic beverages a.re so]d, offered for sale for consumptior~ on the premises, and/or dispensed to patrons 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 de'vice or' covering which is intended to give the appearance of or, simulate the genitals, pub:~c area, buttocks, anus or' anal cleft or c].eavage. Sec. 4-3.1 PENALTIES. Any person who 'violates any of the provisions o£ th~s ordinance shall, upon conviction thereof, be punishcd, as p'r~ovided in Section 1-10 of the Code of' Ordinances of said City. ECTION II All ordinances or parts of' ordinar'~ces in confl'_i, ct herewith, be and the same are expressly ref:~ealed. SECTION III. If any section, subsection, clause, scntence, or" phase of this ordinance is for any reason held unconstitutional or' inval,id, th~s shall not-, affect the valid:It.y or' constitut'ion- atity of any of the remainirlg portions of this ordinance. SECTION IV. This Ord'inance shall take ef'.["ect irmnediately upon becoming law. I HEREBY CERTIFY that the fforegoing ordinance was finally passed by the City Counci. 1 on the~/_~ day O? , 1980. Pat F]o~d', J~., ~tayor ATTEST: I HEREBY CERTIFY that Notice of Public tIearing of' the foregoing O.rt i. nance was given in accordance with ChapteP - 3 - 166.041 of the Florida Statutes, on ~~,-3a. /~o in the Vero Pres° Journal, a newspap neral circulation in the City of Sebastian, Florida, that said public hearing was held in the City Itall of the City of Sebastian, Florida, at 7:00 P.M. on and that said Ordinance was passed on Second and Final reading was adopted by the City Council of the City of Sebastian., Florida, on the //~ __day or_~ , l~O. 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