HomeMy WebLinkAboutO-91-13
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ORDINANCE NO.: 0-91-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, CREATING A NEW CHAPTER
10 OF THE SEBASTIAN CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, REGULATING ADULT BUSINESSES
WITHIN THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING SCOPE AND CONSTRUCTION; SETTING
FORTH PURPOSE AND FINDINGS OF FACT; PROVIDING
DEFINITIONS; PROVIDING BUSINESS LICENSE
APPLICATION REQUIREMENTS AND FEE THEREFOR;
PROVIDING LICENSING PROCEDURES AND
ADMINISTRATION; PROVIDING REGULATIONS
GOVERNING GRANT, DENIAL AND APPEAL OF DENIAL
OF LICENSE; PROVIDING FOR TERM OF LICENSE;
PROVIDING REGULATIONS GOVERNING RENEWAL,
EXPIRATION AND CANCELLATION OF LICENSE;
REQUIRING MAINTENANCE OF RECORDS AND REPORTS
BY LICENSEE; PROVIDING REGULATIONS GOVERNING
SUSPENSION AND REVOCATION OF LICENSE;
PROVIDING REGULATIONS GOVERNING TRANSFER OF
LICENSE; PROVIDING GENERAL REQUIREMENTS FOR
ALL LICENSED PREMISES; PROVIDING ADDITIONAL
REQUIREMENTS FOR ADULT THEATERS AND ADULT
DANCING ESTABLISHMENTS; MARING CERTAIN ACTS
AND OMISSIONS RELATING TO THE OPERATION OF
LICENSED PREMISES UNLAWFUL; PROHIBITING THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON
LICENSED PREMISES; PROVIDING PENALTIES FOR
VIOLATION; VESTING RESIDUAL POWER IN CITY
COUNCIL; PROVIDING FOR THE REPEAL OF SECTION
4-3 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the city of Sebastian, Indian River County, Florida,
may lawfully regulate certain activities related to adult enter-
tainment establishments; and
WHEREAS, the prohibition and regulation of the public display
of nude conduct or sexual behavior or the simulation thereof, and
the graphic depiction of nude and sexual conduct in such esta-
blishments, will promote the general health, safety and welfare of
the pUblic and further promote and enhance the development of
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residential areas and businesses other than said establishments
within the city; and
WHEREAS, the establishment of an Adult Entertainment Code is
necessary in order to better promote and protect the health,
safety, welfare and prosperity of the pUblic and citizens of the
City of Sebastian.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
section 1.
Chapter 10, Code of Ordinances of the City of
Sebastian, commonly known as the Adult Entertainment Code, is
hereby created to read as follows:
"CHAPTER 1 0
ADULT ENTERTAINMENT CODE
ARTICLE I. GENERAL PROVISIONS
Sec. 10-1.1. Title.
known and may be
Entertainment Code."
This Chapter shall be
cited as the "Adult
Sec. 10-1. 2. Authoritv. The Adult
Entertainment Code is enacted pursuant to
Chapter 166, Florida Statutes, and in the
interest of the health, peace, safety, morals,
and general welfare of the people of
Sebastian.
Sec. 10-2. Construction. The Adult
Entertainment Code shall be liberally
construed to accomplish its purpose of
licensing and regulating adult entertainment
and related activities. Unless otherwise
indicated, all provisions of this Code shall
apply equally to all persons, regardless of
sex. Masculine pronouns, such as "he," "his,"
and "him," as employed in this Code, shall
also be construed to apply to feminine
pronouns and neutral pronouns, unless the
context suggests otherwise. Words used in the
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singular number shall include the plural
number, unless the context suggests otherwise.
Sec. 10-3. Puroose. The intent of the city
Council of the city of Sebastian, Indian River
County, Florida, in adopting the Adult
Entertainment Code is to establish reasonable
and uniform regulations that will protect the
health, safety, morals and general welfare of
the people of Sebastian, Florida.
Sec. 10-4. Findinqs of Fact. Based upon
evidence and testimony presented at public
hearings before the city Council of the City
of Sebastian, and on the findings incorporated
in "A Summary of a National Survey of Real
Estate Appraisers Regarding the Effect of
Adult Bookstores on Property Values,"
conducted by the Division of Planning,
Department of Metropolitan Development,
Indianapolis, January 1984, the city Council
hereby finds:
(a) Establishments exist or may exist
wi thin the Ci ty of Sebastian, where books,
magazines, motion pictures, prints,
photographs, periodicals, records, novelties
and/or devices which depict, illustrate,
describe or relate to specified sexual
activities are possessed, displayed,
exhibited, distributed and/or sold.
(b) Establishments exist or may exist
within the city of Sebastian:
(1) where dancers, entertainers,
performers, or other individuals, who, for any
form of commercial gain, perform or are
presented while displaying or exposing any
specified anatomical area; or
(2) where straddle dancing occurs.
(c) The activities described in
subsections (a) and (b) occur at establish-
ments for the purpose of making a profit and,
as such, are subject to regUlation by the City
of Sebastian in the interest of the health,
safety, morals and general welfare of the
people of the city of Sebastian.
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(d) When the activities described in
subsections (a) and (b) are present in esta-
blishments, other activities which are
illegal, immoral, or unhealthful tend to
accompany them, concentrate around them, and
be aggravated by them. Such other activities
include, but are not limited to, prostitution,
pandering, solicitation for prostitution, lewd
and lascivious behavior, exposing minors to
harmful materials, possession, distribution
and transportation of obscene materials, sale
or possession of controlled substances, and
violent crimes against persons and property.
(e) When the activities described in
subsections (a) and (b) are present in
establishments, they tend to attract an
undesirable number of transients, blight
neighborhoods, adversely affect neighboring
businesses, lower real property values,
promote crime, particularly the kinds detailed
in subsection (d), and Ultimately lead
residents and businesses to move to other
locations.
(f) The establishments in which the
activities described in subsections (a) and
(b) occur are usually constructed, in part or
in whole, of substandard materials, and are
usually maintained in a manner reflecting
disregard for the health and safety of the
occupants.
(g) The activities described in
subsections (a) and (b) frequently occur in
establishments concurrent with the sale and/or
consumption of alcoholic beverages.
(h) The concurrence of the sale and/or
consumption of alcoholic beverages with the
activities described in subsections (a) and
(b) leads to an increase in criminal activity,
moral degradation and disturbances of the
peace and order of the city of Sebastian.
(i) The concurrence of the sale and/or
consumption of alcoholic beverages with the
activities described in subsections (a) and
(b) is hazardous to the health and safety of
those persons in attendance, depreciates the
value of adjoining real property, harms the
economic welfare of the city of Sebastian, and
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adversely affects the pUblic's
quality of life, tone of
community environment in
Sebastian.
interest in the
commerce, and
the city of
(j) In order to preserve and safeguard
the health, safety, morals and general welfare
of the people of the city of Sebastian, it is
necessary and advisable for the city of
Sebastian to regulate the sale and/or
consumption of alcoholic beverages at
establishments where the activities described
in subsections (a) and (b) occur.
(k) Employees of establishments at which
the activities described in subsections (a)
and (b) occur engage in a higher incidence of
certain types of criminal behavior than
employees of other establishments.
(I) Physical contact within establish-
ments at which the activities described in
subsections (a) and (b) occur between
employees exhibiting specified anatomical
areas and customers poses a threat to the
health of both and promotes the spread of
communicable and social diseases.
(m) In order to preserve and safeguard
the health, safety, morals and general welfare
of the people of the City of Sebastian, it is
necessary and advisable for the city of
Sebastian, to regulate the conduct of owners,
managers, operators, agents, employees, enter-
tainers, performers, and customers at esta-
blishments where the activities described in
subsections (a) and (b) occur.
(n) The potential dangers to the health,
safety, morals, and general welfare of the
people of the city of Sebastian, posed by
permitting an establishment at which the
activities described in subsections (a) and
(b) occur to operate without first obtaining
a license under this Code are so great as to
require the licensure of such establishments
prior to their being permitted to operate.
(0) Requiring licensees of establish-
ments at which the activities described in
subsections (a) and (b) occur to keep a list
of information concerning current employees
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and certain past employees will help reduce
the incidence of certain types of criminal
behavior by facilitating the identification of
potential witnesses or suspects, and by
preventing minors from working in such
establishments.
(p) "Straddle dancing" does not contain
any element of communication, and is therefore
conduct rather than expression.
(q) "straddle dancing" in establishments
poses a threat to the health of the partici-
pants and promotes the spread of communicable
and social diseases.
Sec. 10-5. Definitions.
Entertainment Code, unless
suggests otherwise:
In the Adult
the context
(a) "Adult Bookstore" means an
establishment that sells or rents adult
material, unless the adult material is
accessible only by employees and either the
gross income from the sale and/or rental of
adult material comprises less than ten percent
(10%) of the gross income from the sale and/or
rental of goods and/or services at the esta-
blishment, or the individual items of adult
material offered for sale and/or rental
comprises less than twenty-five percent (25%)
of the individual items publicly displayed at
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual repre-
sentations, or recordings or other audio
matter. It is an affirmative defense to an
alleged violation of this Code regarding
operation of an adult bookstore without an
adul t entertainment license if the alleged
violator shows that the adult material is
accessible only by employees and either the
gross income from the sale and/or rental of
adult material comprises less than ten percent
(10%) of the gross income from the sale and/or
rental of goods and/or services at the esta-
blishment, or the individual items of adult
material offered for sale and/or rental
comprise less than twenty-five percent (25%)
of the individual items publicly displayed at
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the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual repre-
sentations, or recordings, or other audio
matter.
(b) "Adult Booth" means a small
enclosure inside an adult entertainment esta-
blishment accessible to any person, regardless
of whether a fee is charged for access. The
term "adult booth" includes, but is not
I imi ted to, a "peep show" booth, or other
booth used to view "adult material." The term
"adult booth" does not include a foyer through
which any person can enter or exit the esta-
blishment, or a restroom.
(c) "Adult Dancing Establishment" means
an establishment where any employee:
( 1) displays or exposes any
specified anatomical areas to a person other
than another employee, regardless of whether
the employees actually engages in dancing, or
(2) wears any covering, tape,
pastie or device which simulates or otherwise
gives the appearance of the display or
exposure of any specified anatomical area,
regardless of whether the employee actually
engages in dancing, and
(3) offers, solicits, or contracts
to dance wi th a person other than another
employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person;
(4) dances with a person other than
another employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person, or
(5) dances within three (3) feet of
a person other than another employee in
consideration for any tip, remuneration or
compensation from or on behalf of that person.
(d) "Adult Entertainment Establishment"
means an adult theater, an adult bookstore, an
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adult motel or an adult dancing establishment
operated for commercial or pecuniary gain.
("Operated for commercial or pecuniary gain"
shall not depend upon actual profit or loss.
Also, "operated for commercial or pecuniary
gain" shall be presumed where the
establishment has an occupational license.)
An establishment with an adult entertainment
license is presumed to be an adult
entertainment establishment.
(e) "Adult Material" means anyone or
more of the following, regardless of whether
it is new or used:
(1) Books, magazines, periodicals
or other printed matter, or photographs,
films, motion pictures, video cassettes,
slides, or other visual representations, or
recordings, or audio matter, that have as
their primary or dominant theme matter
depicting, illustrating, describing or
relating to specified sexual activities or
specified anatomical areas; or
(2) Instruments, novelties, devices
or paraphernalia which are designed for use in
connection with specified sexual activities.
(f) "Adult Motel" means a motel, as
defined in section 20A-12.2 of the Land
Development Code of the city of Sebastian,
used for viewing by persons of films, motion
pictures, video cassettes, slides or other
photographic reproductions which have as their
primary or dominant theme matters depicting,
illustrating or relating to specified sexual
activities or specified anatomical areas.
(g) "Adult Theater" means an establish-
ment which, except as set forth in the final
sentence of this paragraph, consists of an
enclosed building, or a portion or part of an
enclosed building, or an open-air area used
for viewing by persons of films, motion
pictures, video cassettes, slides, or other
photographic reproductions which have as their
primary or dominant theme matters depicting,
illustrating or relating to specified sexual
activities or specified anatomical areas. An
establishment which has "adult booths" is
considered to be an "adult theater."
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(h) "Alcoholic Beverage" means a
beverage containing more than 1% of alcohol by
weight.
(1) It shall be prima-facie
evidence that a beverage is an alcoholic
beverage if there is proof that the beverage
in question was or is known as whiskey,
moonshine whiskey, shine, rum, gin, tequila,
vodka, scotch, scotch whiskey, brandy, beer,
malt liquor, wine or by any other similar name
or names, or was contained in a bottle or can
labeled as any of the above names, or a name
similar thereto, and the bottle or can bears
the manufacturer's insignia, name or
trademark.
(2) Any person who, by experience
in the handling of alcoholic beverages, or who
by taste, smell, or drinking of such alcoholic
beverages has knowledge of the alcoholic
nature thereof, may testify as to his opinion
about whether such beverage is an alcoholic
beverage.
(i) "Council" means the City Council of
the City of Sebastian, Indian River County,
Florida.
(j) "Code" means the Adult Entertainment
Code.
(k) "Conviction" means a determination
of guilt resulting from a plea or trial,
regardless of whether adjudication was
withheld or whether imposition of sentence was
suspended.
(1)
Department,
Department,
directors,
thereof.
"Department" means the Finance
Building Department, Police
including the respective
employees officers and agents
(m) "Employee" means a person who works
or performs in an adult entertainment esta-
blishment, irrespective of whether said person
is paid a salary or wage.
(n)
premises,
"Establishment" means
or portion thereof,
a site or
upon which
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certain activities or operations are conducted
for commercial or pecuniary gain. ("Operated
for commercial or pecuniary gain" shall not
depend upon actual profit or loss. Also,
"operated for commercial or pecuniary gain"
shall be presumed where the establishment has
an occupational license.)
(0) "Inspector" means an employee or
officer of the Community Development
Department or Police Department who inspects
premises licensed under this Code and takes or
requires the actions authorized by this Code
in case of violations being found on licensed
premises, and who also inspects premises
seeking to be I icensed under this Code and
takes or requires corrections of
unsatisfactory conditions found on the
premises.
(p) "Law enforcement officer" means an
officer who is on official duty for the Police
Department of the City of Sebastian.
(q) "Licensee" means any person
application for an adult entertainment
blishment has been granted and who
operates or controls the establishment.
whose
esta-
owns,
(r) "Operator" means any person who
engages in or performs any activity which is
necessary to or which facilitates the
operation of an adult entertainment establish-
ment, including but not limited to, the
licensee, manager, owner, doorman, bartender,
disc jockey, sales clerk, desk clerk, ticket
taker, movie projectionist, or supervisor.
(s) "Person" includes, but is not
limited to, individuals, associations, joint
ventures, partnerships, estates, trusts,
business trusts, syndicates, fiduciaries,
corporations, and any other similar entities.
(t) "Private performance" means the
display or exposure of any specified
anatomical area by an employee of an adult
entertainment establishment to a person other
than another employee while the person is in
an area not accessible during such display to
all other persons in the establishment, or
while the person is in an area in which the
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person is totally or partially screened or
partitioned during such display from the view
of all persons outside the area.
(u) "Prohibited signs" means any sign
that provides a visual representation that has
as its primary or dominant theme matter
depicting, illustrating, describing or
relating to specified sexual activities or
specified anatomical areas, as well as any
other signs that are prohibited by the Sign
Ordinance of the city of Sebastian, Florida.
(v) "Specified anatomical areas" means:
(1) less than completely and
opaquely covered:
(A) human genitals or pUbic
region; or
(B) cleavage of the human
buttocks; or
(C) that portion of the human
female breast encompassed within an area
falling below the horizontal line one would
have to draw to intersect a point immediately
above the top of the areola (the colored ring
around the nipple). This definition shall
include the entire lower portion of the human
female breast, but shall not include any
portion of the cleavage of the human female
breast exhibited by a dress, blouse, shirt,
leotard, bathing suit, or other wearing
apparel, provided the areola is not so
exposed.
(2) human male genitals in a
discernibly turgid state, even if completely
and opaquely covered.
(w) "Specified criminal act" means:
(1) A criminal violation of this
Code;
(2) Any felony;
(3) An offense under Chapter 794,
Florida statutes (Sexual Battery);
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(4) An offense under Chapter 796,
Florida statutes (Prostitution);
Florida
Exposure);
(5) An offense under Chapter 800,
statutes (Lewdness; Indecent
(6) An offense under Chapter 826,
Florida statutes (Bigamy, Incest);
(7) An offense under Chapter 847,
Florida statutes (Obscene Literature;
Profanity); or
(8) An offense under an analogous
federal law, statute of a state other than
Florida, or under an analogous ordinance of
another county or city.
(x) "Specified sexual activity" means:
(1) human genitals in a state of
sexual stimulation, arousal or tumescence; or
(2) acts of human analingus,
beastiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation,
masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism,
sapphism, sexual intercourse, sodomy,
urolagnia or zooerasty; or
(3) fondling or other
touching of human genitals, pubic
buttock, anus or female breast; or
erotic
region,
(4) excretory functions as part of
or in connection with any of the activities
set forth in subsections (1) through (3).
(y) "Straddle dance," also known as a
"lap dance" or "face dance," means either of
the following acts:
(1) A "straddle dance" means either
the use by an employee of any part of his or
her body to touch the genital or pUbic area of
a person while at the establishment, or the
touching of the genital or pubic area of any
employee with a person while at the establish-
ment. It shall be a "straddle dance" regard-
less of whether the "touch" or "touching"
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occurs while the employee is displaying or
exposing any specified anatomical area. It
shall also be a "straddle dance" regardless of
whether the "touch" or "touching" is direct or
through a medium.
(2) A "straddle dance" means the
straddling of the legs of an employee over any
part of the body of a person other than
another employee at the establishment while
the employee is displaying or exposing any
specified anatomical area, regardless of
whether there is a "touch" or "touching."
Sec. 10-6. Requlation of Obscenity Sub;ect to
state Law. It is not the intent of the city
Council to legislate with respect to matters
of obscenity. These matters are regulated by
state law, including Chapter 847, Florida
statutes.
Sec. 10-7. Requlation of Massaqe Establish-
ments Sub; ect to State Law. It is not the
intent of the city Council to legislate with
respect to matters of massage establishments.
These matters are regulated by state agency,
the Department of Professional Regulation,
Board of Massage, and by state law, Chapter
480, Florida statutes.
Sec. 10-8. Severability. If any portion of
this Code, or any application thereof is
declared to be void, unconstitutional or
invalid for any reason, such portion or
provision, or the application thereof, shall
be severable from this Code. The remaining
portions and provisions of this Code, and all
applications thereof shall remain in full
force and effect.
ARTICLE II. LICENSING PROVISIONS
Sec. 10-9. Resnonsibilities of city Council.
Finance Denartment. Police Denartment and
Communi tv Develonment Denartment. UI timate
responsibility for the administration of this
Code is vested in the Council. The Finance
Department is responsible for granting,
denying, revoking, renewing, suspending, and
cancelling adult entertainment licenses for
proposed or existing adult entertainment
establishments. The Police Department is
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responsible for verifying information
contained on an application pursuant to
Section 10-11 of this Code, for inspecting any
proposed, licensed, or non-licensed
establishment in order to ascertain whether it
is in compliance with applicable criminal
statutes and ordinances, including those set
forth as ARTICLE V of this Code, and for
enforcing applicable criminal statutes and
ordinances, including those set forth as
ARTICLE V of this Code. The Community
Development Department is responsible for
inspecting any proposed establishment for
which a license is being applied for or any
licensed establishment in order to ascertain
whether it complies with or is complying with
ARTICLE IV of this Code and all appl icable
building, fire and health codes, statutes,
ordinances, and regulations in effect in the
city of Sebastian. The Community Development
Department is also responsible for
ascertaining whether a proposed establishment
for which a license is being applied for
complies with all applicable zoning
regulations in effect in the city of
Sebastian, and whether a licensed establish-
ment is complying with ARTICLE IV of this Code
and all applicable zoning regulations and land
use laws in effect in the City of Sebastian.
Sec. 10-10. Adult Entertainment License
Reauired: Classification of.
(a) Requirement. No adult entertain-
ment establishment shall be permitted to
operate without having been first granted an
adult entertainment license by the Finance
Department under this Code.
(b) Classifications. Adult entertain-
ment establishment licenses referred to in
this Code shall be classified as follows:
(1) adult bookstore;
(2) adult theater;
(3) adult dancing establishment; or
(4) adult motel.
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(c) Sinqle Classification of License.
An adult entertainment license for a
particular adult entertainment establishment
shall be limited to one classification of
license.
Sec. 10-11. Aoolication Required for Adult
Entertainment License: Contents of: Aoolica-
tion Fee: Re;ection of Incomolete Aoolica-
tion: Consent by Aoolicant.
(a) Required. Any person desiring to
operate an adult entertainment establishment
shall file with the Finance Director a sworn
license application on a standard application
form supplied by the Finance Director.
(b) Contents of Aoolication. The
completed application shall contain the
following information and shall be accompanied
by the following documents:
(1) if the applicant is:
(A) an individual, the
individual shall state his legal name and any
aliases and submit satisfactory proof that he
is at least eighteen (18) years of age; or
(B) a partnership, the
partnership shall state its complete name, and
the names of all partners, whether the
partnership is general or limited, and, if in
existence, a copy of the partnership agree-
ment; or
(C) a corporation, the
corporation shall state its complete name, the
date of its incorporation, evidence that the
corporation is in good standing, the names and
capacity of all officers, directors and
principal stockholders, and, if applicable,
the name of the registered corporate agent and
the address of the registered office for
service of process;
( 2 ) if the appl icant intends to
conduct the establishment under a name other
than that of the applicant, the establish-
ment's fictitious name registration pursuant
to Section 865.09, Florida Statutes (1990
Supp.);
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(3) whether the applicant or any of
the other individuals listed pursuant to
subparagraph (1) has had a previous license
under this Code suspended or revoked,
including the name and location of the
establishment for which the license was
suspended or revoked, as well as the date of
the suspension or revocation, and whether the
applicant or any other individual listed
pursuant to subparagraph (1) has been a
partner in a partnership or an officer,
director or principal stockholder of a
corporation whose license under this Code has
previously been suspended or revoked,
including the name and location of the
establishment for which the license was
suspended or revoked, as well as the date of
the suspension or revocation;
( 4) whether the appl icant or any
other individual listed pursuant to subpara-
graph (1) holds any other licenses under this
Code and, if so, the names and locations of
such other licensed establishments;
(5) the single classification of
license for which the applicant is filing;
(6) the location of the proposed
establishment, including a legal description
of the property site, and a legal street
address;
(7) the applicant's mailing
address, residential address, and residential
telephone number (if any);
(8) a site plan drawn to appro-
priate scale of the proposed establishment,
including, but not limited to: (A) all
property lines, rights-of-way, and the
location of buildings, parking areas and
spaces, curb cuts, and driveways; (B) all
windows, doors, entrances and exi ts, fixed
structural features, walls, stages,
partitions, projection booths, admission
booths, adult booths, concession booths,
stands, counters and similar structures; (C)
all proposed improvements or enlargements to
be made, which shall be indicated and cal-
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culated in terms of percentage of increase in
floor size;
(9) a recent photograph of the
applicant; and
(10) either the applicant's
driver's license number or his state or
federally-issued identification card number.
(c) Application Fee. Each application
shall be accompanied by a nonrefundable fee of
Two Hundred Dollars ($200.00). If the
application for a license 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 pursuant to
section 10-15 of this Code.
(d) Incomplete Application. In the
event the Finance Director determines or
learns at any time that the applicant has not
properly completed the application for a
proposed establishment, he shall promptly
notify the applicant of such fact and shall
allow the applicant ten (10) days to properly
complete the application. (The time period
for granting or denying a license under
section 10-13 shall be stayed during the
period in which the applicant is allowed an
opportunity to properly complete the
application.)
(e) Consent. By applying for a license
under this Code, the applicant shall be deemed
to have consented to the provisions of this
Code and to the exercise by the Finance
Director and other city Departments of their
respective responsibilities under this Code.
Sec. 10-12. Investiqation of Application.
(a) Upon receipt of an application
properly filed with the Finance Director and
upon payment of the nonrefundable application
fee, the Finance Director shall immediately
stamp the application as received and shall
immediately thereafter send photocopies of the
application to the Police Department and the
Communi ty Development Department. Each
department shall promptly conduct an
investigation of the applicant, the
17
application and the proposed establishment in
accordance with its responsibilities
summarized in section 10-9 of this Code. At
the conclusion of its investigation, each
department shall indicate on the photocopy of
the application its approval or disapproval of
the application, date it, sign it, and, in the
event it disapproves, it shall so state its
reasons.
(b) A department shall disapprove an
application if it finds that the proposed
establishment will be in violation of any
provision of ARTICLE IV of this Code or of any
building, fire, health, or zoning statute,
code, ordinance, or regulation. After its
indication of approval or disapproval, each
department shall immediately return the
photocopy of the application to the Finance
Department.
Sec. 10-13. Grant: Denial: Appeal.
(a) Time Period for Granting or Denying
License. The Finance Department shall grant
or deny an application for a license within
twenty (20) working days from the date of its
proper filing. Upon the expiration of the
twentieth (20th) day, the applicant may be
permitted to begin operating the establish-
ment for which a license is sought, unless and
until the Finance Department notifies the
applicant of a denial of the application and
states the reason(s) for that denial.
(b) Grantinq of Application for License.
rf all departments approve the application,
the Finance Department shall grant the
application, notify the applicant of the
granting, and issue the license to the
applicant upon payment of the appropriate
annual license fee provided in sections 10-14
and 10-15, with credit as provided in section
10-11(c).
(c) Denyinq of Application for License.
(1) The Finance Department shall
deny the application for any of the following
reasons:
18
(A) any of the departments has
disapproved of the application
(B) the application contains
material false information;
(C) the applicant or any of
the other individuals listed pursuant to
section 10-11(b) (1) has a license under this
Code that has been suspended or revoked;
(D) the granting of the
application would violate either a statute or
ordinance, or an order from a court of law
that effectively prohibits the applicant from
obtaining an adult entertainment establish-
ment license.
(2) If the Finance Director denies
the application, he shall notify the applicant
of the denial, and state the reason(s) for the
denial.
(3) If a person applies for a
license at a particular location within a
period of nine (9) months from the date of
denial of a previous application for a license
at that location, and there has not been an
intervening change in the circumstances which
will probably lead to a different decision
regarding the former reason(s) for denial, the
application shall be rejected.
(4) If an applicant is denied a
license after fulfilling all the requirements
of this Code, such applicant shall have the
right to appeal such denial, should the
applicant believe that such denial is without
good cause. Such appeal shall be made in
wri ting to the City Council of the city of
Sebastian within ten (10) days after the
applicant receives written notice of such
denial, and shall state wherein the applicant
believes the denial of his license is without
good cause.
Sec. 10-14. Contents of License: Term of
License: Renewals: EXDiration: Cancellation.
(a) Contents. An adult entertainment
license shall state on its face the name of
the licensee, the name of the establishment,
19
..
the street address of the establishment, the
classification(s) of the license, the date of
issuance, and the date of expiration.
(b) Term. All licenses issued under
this Code, except new licenses, shall be
annual licenses which shall be paid for on or
before October 1, and shall expire on
September 30 of the following year. If a
license is issued after October 1, but before
March 31 of the following year, the applicant
shall pay the appropriate license fee and such
license shall expire the following September
30. If a license is issued after March 31,
but before October 1 of the same year, the
applicant shall pay one-half the appropriate
license fee and such license shall expire on
september 30 of the same year.
(c) Renewals. Licenses shall be renewed
annually. Subject to other provisions of this
Code, a licensee under this Code shall be
entitled to a renewal of his annual license
from year to year, as a matter of course, by
October 1 by presenting the license for the
previous year and by paying the appropriate
license fee.
(d) Exoiration. A license that is not
renewed under this Code by October 1 of each
year shall expire. An expired license may be
renewed by November 30 of the same year upon
presentment of an affidavit stating that no
adult entertainment activity has taken place
at the establishment subsequent to expira-
tion, upon paYment of the appropriate license
fee, and upon paYment of a penalty of ten
percent (10%) of the appropriate license fee
for the month of October, or fraction thereof,
and an additional penalty of five percent (5%)
of the appropriate license fee for the month
of November, or fraction thereof.
(e) Cancellation. An expired license
not renewed by November 30 shall be cancelled
summarily by the Finance Department.
Sec. 10-15. Annual License Fees: Levy of:
Requlatory in Nature.
(a) Levy of License Fees. There are
hereby levied the following annual license
20
fees under this Code for an adult entertain-
ment establishment:
(1) an establishment having a
license for only an adult bookstore - Seven
Hundred Fifty Dollars ($750.00);
(2) an establishment having a
license for only an adult theater, as follows:
(A) having only adult booths
- Thirty-Five Dollars ($35.00) for each booth;
or
(B) having only a hall or
auditorium - Three and 50/100 Dollars ($3.50)
for each seat; or
(C) having only an area
outdoors designed to permit viewing by
customers seated in vehicles Three and
50/100 Dollars ($3.50) for each parking space;
or
(D) having a combination of
(A), (B), and/or (C) - the cumulative license
fee applicable to each under (A), (B), and/or
(C) .
(3) an establishment having a
license for only an adult motel Seven
Hundred Fifty Dollars ($750.00);
(4) an establishment having a
license for only an adult dancing establish-
ment - Seven Hundred Fifty Dollars ($750.00);
(5) an establishment
license for two classifications
Hundred Dollars ($800.00);
having a
Eight
(6) an establishment having a
license for three classifications Nine
Hundred Dollars ($900.00).
(b) License Fees are Requlatory in
Nature. The annual license fees collected
under this Code are declared to be regulatory
fees that are collected for the purpose of
examination and inspection of adult enter-
tainment establishments under this Code and
the administration thereof. These regulatory
21
"
fees are in addition to and not in lieu of the
occupational 1 icense taxes imposed by other
section of the Code of Ordinances of the City
of Sebastian.
Sec. 10-16. Records and Renorts: Consent by
Licensee.
(a) Records and Renorts.
(1) Each licensee shall keep such
records and make such reports as may be
required by the Finance Director and the
departments to implement this Code and to
carry out its purpose.
(2) Whenever the information
required by or provided under section 10-
11(b) has changed, the licensee shall promptly
provide the Finance Director with the changed
information.
(b) Consent. By holding a license under
this Code, the licensee shall be deemed to
have consented to the provisions of this Code
and to the exercise by the Finance Department
and the departments of their respective
responsibilities under this Code.
Sec. 10-17. Transfer of License.
(a) Reauirements for Transfer. A
licensee shall not transfer his license to
another person, and thereby surrender
possession, control, and operation of the
licensed establishment to such other person,
unless and until such other person satisfies
the following requirements:
(1) obtains an amendment to the
license from the Finance Director which
provides that he is now the licensee, which
amendment may be obtained only if he has
completed and properly filed an application
with the Finance Director setting forth the
information called for under section 10-
11(b) (1) through (5) inclusive, and (9) and
(11), and the application has been approved by
the Finance Department;
(2) in the event he has purchased
the licensed establishment from the licensee,
22
",
produces satisfactory proof that the sale was
bona fide; and
(3)
percent (10%)
license fee.
pays a transfer fee of ten
of the appropriate annual
(b) Effect of Susnension or Revocation
Procedures. No license may be transferred
pursuant to subsection (a) when the Finance
Director has notified the licensee that
suspension or revocation proceedings have been
or will be brought against the licensee.
(c) No Transfer to Different Location.
A licensee shall not transfer his license to
another location.
(d) Attemnted Imnroner Transfer Void:
License Abandoned. Any attempted transfer of
a license either directly or indirectly in
violation of this Section is hereby declared
void, and the license shall be deemed
abandoned and shall automatically revert to
the Finance Department.
Sec. 10-18. Suspension of License.
(a) Violation of a Buildinq. Fire.
Health. or Zoninq statute. Code. Ordinance or
Requlation. In the event a department learns
or finds upon sufficient cause that a license
adult entertainment establishment is operating
in violation of a building, fire, health, or
zoning statute, code, ordinance, or
regulation, whether federal, state or local,
contrary to the respective general
requirements of section 10-10(a), (b), (c), or
(d), the department shall promptly notify the
licensee of the violation and shall allow the
licensee a seven (7) day period in which to
correct the violation. If the licensee fails
to correct the violation before the expiration
of the seven (7) day period the department
shall notify the Finance Department, who shall
forthwith suspend the license, and shall
notify the licensee of the suspension. The
suspension shall remain in effect until the
department notifies the Finance Director in
writing that the violation of the provision in
question has been corrected.
23
"
(b) Illeqal Transfer. In the event the
Finance Department learns or finds upon
sufficient cause that a licensee engaged in a
license transfer contrary to section 10-17, he
shall forthwith suspend the license, and
notify the licensee of the suspension. The
suspension shall remain in effect until the
Finance Department is satisfied that the
requirements of section 10-17(a) have been
met.
(c) convictions for Violations of
ARTICLE V of this Code.
(1) In the event three (3) or more
violations of ARTICLE V of this Code occur at
an adult entertainment establishment within a
two (2) year period, and convictions result
from at least three (3) of the violations, the
Finance Department shall, upon the date of the
third such conviction, suspend the license,
and notify the licensee of the suspension.
The suspension shall remain in effect for a
period of thirty (30) days.
(2) In the event one ( 1) or more
violations of ARTICLE V of this Code occur at
the establishment within a period of two (2)
years from the date of the violation from
which the conviction resulted for which the
license was suspended for thirty (30) days
under subsection (c) (1), but not including any
time during which the license was suspended
for thirty (30) days, and a conviction results
from one (1) or more of the violations, the
Finance Department shall, upon the date of the
first such conviction, suspend the license
again, and notify the licensee of the
suspension. The suspension shall remain in
effect for a period of ninety (90) days.
(3) In the event one (1) or more
violations of ARTICLE V of this Code occur
within a period of two (2) years from the date
of the violation from which the conviction
resulted for which the license was suspended
for ninety (90) days under subsection (c) (2),
but not including any time during which the
license was suspended for ninety (90) days,
and a conviction results from one (1) or more
of the violations, the Finance Director shall,
upon the date of the first such conviction,
24
suspend the license again,
licensee of the suspension.
shall remain in effect for
hundred eighty (180) days.
and notify the
The suspension
a period of one
(4) The transfer or renewal of a
license pursuant to this Code shall not defeat
the terms of subsections (C) (1) through (3 )
inclusive.
(d) Effective Date of Suspension. All
periods of suspension shall begin five (5)
days after the date the Finance Director mails
the notice of suspension to the licensee or on
the date the licensee delivers his license to
the Finance Director, whichever happens first.
Sec. 10-19. Revocation of License.
(a) False Information. In the event the
Finance Department learns or finds upon
sufficient cause that a license was granted
based upon false information, misrepresenta-
tions of fact, or mistake of fact, the Finance
Director or Department shall forth-with revoke
the license and notify the licensee of the
revocation.
(b) Convictions for Violations of
ARTICLE V of this Code.
(1) In the event one (1) or more
violations of ARTICLE V of this Code occur at
an adult entertainment establishment which has
had a license suspended for a period of one
hundred eighty (180) days pursuant to section
10-18(c) (3), and the violations(s) occur
within a period of two (2) years from the date
of the violation from which the conviction
resulted for which the license was suspended
for one hundred eighty (180) days, but not
including any time during which the license
was suspended for one hundred eighty (180)
days, the Finance Department shall forthwith
revoke the license, and notify the licensee of
the revocation.
(2) The transfer or renewal of a
license pursuant to this Code shall not defeat
the terms of subsection (b) (1).
25
(c) Effect of Revocation. If a license
is revoked, the licensee shall not be allowed
to obtain another adult entertainment license
for a period of ten (10) years, and no license
shall be issued again to any other person for
the location upon which the adult
entertainment establishment was situated.
(e) Effective Date of Revocation. The
revocation shall take effect five (5) days
after the date the Finance Department mails
the notice of revocation to the licensee or on
the date the licensee delivers his license to
the Finance Department, whichever happens
first.
ARTICLE III. EMPLOYEE PROVISIONS
Sec. 10-20. Records for Emoloyees.
(a) The licensee of an adult entertain-
ment establishment is responsible for keeping
a record of all employees who are currently
employed by the establishment, and of all
former employees who were employed by the
establishment during the preceding one (1)
year period. The record shall contain the
current or former employee's full legal name,
including any aliases, his date of birth, his
residential address, his residential tele-
phone number (if any), his driver's license
number or his state or federally issued
identification card number, and a recent
photograph of the current or former employee.
(b) The original records required by
subsection (a), or true and exact photocopies
thereof, shall be kept at the establishment at
all times.
(c) Any operator of the establishment
shall be responsible for knowing the location
of the original records, or the true and exact
photocopies thereof.
(d) Any operator of the establishment
shall, upon request by a law enforcement
officer, make available for inspection the
original records, or the true and exact
photocopies thereof, while the establishment
is open for business.
26
. I
ARTICLE IV. PROVISIONS FOR ADULT
ENTERTAINMENT ESTABLISHMENTS
Sec. 10-21. General Requirements. Each adult
entertainment establishment shall, regardless
of whether it is licensed, observe the
following general requirements:
(a) conform to all applicable building
statutes, codes, ordinances, and regulations,
whether federal, state or local;
(b) conform to all applicable fire
statutes, codes, ordinances, and regulations,
whether federal, state or local;
(c) conform to all applicable health
statutes, codes, ordinances, and regulations,
whether federal, state or local;
(d) conform to all applicable zoning
regulations and land use laws, whether state
or local;
(e) keep the adult entertainment license
posted in a conspicuous place at the
establishment at all times, which license
shall be available for inspection upon request
at all times by the pUblic;
(f) except as provided in subsection (g)
below, opaquely cover each non-opaque area
through which a person outside the establish-
ment may otherwise see inside the establish-
ment;
(g) have a vestibule, foyer or room, at
least 6 feet by 6 feet in dimension, located
between the outer door and the interior of the
establishment, the inside of which can be
viewed from outside the establishment, and
which allows the inside of the establishment
to be viewed only from such vestibule, foyer
or room and not from outside the
establishment; and
(h) on the first Monday of every month
provide the Police Department with a listing
of all persons who are or have been employees
of the establishment since the first Monday of
the previous month, and their positions.
27
.
I .
"
Sec. 10-22. Adult Theater. In addition to
the general requirements for an adul t
entertainment establishment contained in
section 10-21, an adult theater shall,
regardless of whether it is licensed, observe
the following special requirements:
(a) If the adult theater contains a hall
or auditorium area, the area shall comply with
each of the following provisions:
(1) have individual, separate
seats, not couches, benches, or the like, to
accommodate the maximum number of persons who
may lawfully occupy the area;
(2) have a continuous main aisle
alongside of the seating areas in order that
each person seated in the areas shall be
visible from the aisle at all times;
(3) have a sign posted in a
conspicuous place at or near each entranceway
to the hall or auditorium area which lists the
maximum number of persons who may occupy the
hall or auditorium area, which number shall
not exceed the number of seats within the hall
or auditorium area; and
(4) have sufficient illumination so
persons in all areas of the auditorium can be
seen.
(b) If the adult theater contains adult
booths, each adult booth shall comply with
each of the fOllowing provisions:
(1) have a sign posted in a
conspicuous place at the entranceway which
states the maximum number of persons who may
occupy the booth, which number shall correlate
with the number of seats in the booth;
(2) unless fire or building codes
require different or higher standards, adult
booths shall have a permanently open
entranceway not less than two (2) feet wide
and not less than six (6) feet high, which
entranceway shall not have any curtain rods,
hinges, rails, or the like which would allow
the entranceway to be closed or partially
28
closed by any curtain, door or other
partition; in the event building or fire codes
require higher standards for adult booths, the
higher standards will apply;
(3) have individual,
seats, not couches, benches, or
which correlate with the maximum
persons who may occupy the booth;
separate
the like,
number of
(4) have a well illuminated
continuous main aisle alongside the booth in
order that each person situated in the booth
shall be visible from the aisle at all times;
(5) have, except for the entrance-
way, walls or partitions of solid construc-
tion without any holes or openings in such
walls or partitions; and
(6) be illuminated by a light bulb
of a wattage no less than twenty-five (25)
watts.
(c) If the adult theater is designed to
permi t 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 been seen
from any public right-of-way, properly zoned
for residential use, religious institution,
educational institution, or park.
Sec. 10-23. Adult Dancinq Establishment. In
addi tion to the general requirements for an
adult entertainment establishment contained in
section 10-21, an adult dancing establishment
shall, regardless of whether it is licensed,
observe the following special requirements:
(a) it shall have a stage provided for
the display or exposure of any specified
anatomical area by an employee to a person
other than another employee consisting of a
permanent platform (or other similar permanent
structure) raised a minimum of eighteen (18)
inches above the surrounding floor and
encompassing an area of at least one hundred
(100) square feet; and
29
.-'
(b) it shall have no area in which a
private performance is allowed to occur.
ARTICLE V. CRIMINAL PROVISIONS
Sec. 10-24. Operation of Establishment
Without Valid Adult Entertainment License. It
shall be unlawful for any person to be an
operator of an adult entertainment establish-
ment where the person knows or should know:
(a) that the establishment does not have
an adult entertainment license for any
applicable classification;
(b) that the establishment has a license
which is under suspension;
(c) that the establishment has a license
which has been revoked or cancelled; or
(d) that the establishment has a license
which has expired.
Sec. 10-25. Operation of Establishment.
(a) It shall be unlawful for any person
to be an operator of an adult entertainment
establishment which does not satisfy all of
the general requirements of all of the
sections of this Chapter that pertain thereto.
(b)
to be an
does not
ments of
It shall be unlawful for any person
operator of an adult theater which
satisfy all of the special require-
section 10-22.
(c) It shall be unlawful for any person
to be an operator of an adult dancing esta-
blishment which does not satisfy all of the
special requirements of section 10-23.
(d) It shall be unlawful for any person
to operate an adult entertainment establish-
ment while the entrance or exit of the esta-
blishment is locked when a person other than
an employee is inside the establishment.
Sec. 10-26. Allowinq Emplovee to Enqaqe in
Prohibited Acts. It shall be unlawful for an
operator of an adult entertainment establish-
ment, regardless of whether it is licensed
30
. .
under this Code, to knowingly or with reason
to know, permit, suffer, or allow any
employee:
(a) to engage in a straddle dance with
a person at the establishment;
(b) to contract or otherwise agree with
a person to engage in a straddle dance with a
person at the establishment;
(c) to engage in any specified sexual
activity at the establishment;
(d) to display or expose at the esta-
blishment less than completely and opaquely
covered human genitals or pUbic region, less
than completely and opaquely covered cleavage
of the human buttocks, less than completely
and opaquely covered areola and nipple of the
human female breast, or human male genitals in
a discernibly turgid state, even if completely
and opaquely covered, unless such employee is
in an area described in section 10-23.
(e) to display or expose any specified
anatomical area while simulating any specified
sexual activity with any other person at the
establishment, including with another
employee;
(f) to engage in a private performance;
(g) to, while engaged in the display or
exposure of any specified anatomical area,
intentionally touch any person at the adult
entertainment establishment, excluding another
employee;
(h) to intentionally touch the clothed
or unclothed body of any person at the adult
entertainment establishment, excluding another
employee, at any point below the waist and
above the knee of the person, or to
intentionally touch the clothed or unclothed
breast of any female person.
Sec. 10-27. Advertisinq Prohibited Activity.
It shall be unlawful for an operator of an
adult entertainment establishment, regardless
of whether it is licensed under this Code, to
advertise the presentation of any activity
31
,
r . '~
.
prohibited by any applicable state statute or
local ordinance.
Sec. 10-28. Prohibited Siqns. It shall be
unlawful for any operator of an adult
entertainment establishment, regardless of
whether it is licensed under this Code, to
allow the exterior portions of the
establishment to have any prohibited sign as
defined herein.
Sec. 10-29. Minors Prohibited. It shall be
unlawful for an operator of an adult enter-
tainment establishment, regardless of whether
it is licensed under this Code, to knowingly,
or with reason to know, permi t, suffer, or
allow:
(a) admittance to the establishment of
a person under eighteen (18) years of age;
(b) a person under eighteen (18) years
of age to remain at the establishment;
(c) a person under eighteen (18) years
of age to purchase goods or services at the
establishment; or
(d) a person to work at the establish-
ment as an employee who is under eighteen (18)
years of age.
Sec. 10-30. Alcoholic Beveraqes Prohibited.
It shall be unlawful for an operator of an
adult entertainment establishment, regardless
of whether it is licensed under this Code, to
knowingly, or with reason to know, permit,
suffer, or allow the sale and/or consumption
of alcoholic beverages in or about the
establishment.
Sec. 10-31. Workinq at Establishment Which
Does Not Have Valid Adult Entertainment
License. It shall be unlawful for any person
to act as an employee of an adult entertain-
ment establishment that he knows or should
know is not licensed under this Code, or which
has a license which is under suspension, has
been revoked or cancelled, or has expired.
Sec. 10-32. Records for EmDloyees Required.
It shall be unlawful to be an operator of an
32
!., I
adult entertainment establishment, regardless
of whether it is licensed under this Code, at
which the records of employees required by
section 10-18 have not been compiled, are not
maintained, or are not available for
. inspection.
Sec. 10-33. Enqaqing in Prohibited Activity.
It shall be unlawful for any employee of an
adult entertainment establishment, regardless
of whether it is licensed under this Code:
(a) to engage in a straddle dance with
a person at the establishment;
(b) to contract or otherwise agree with
a person to engage in a straddle dance with a
person at the establishment;
(c) to engage in any specified sexual
activity at the establishment;
(d) to display or expose at the esta-
blishment less than completely and opaquely
covered human genitals or pUbic region, less
than completely and opaquely covered cleavage
of the human buttocks, less than completely
and opaquely covered areola and nipple of the
human female breast, or human male genitals in
a discernibly turgid state, even if completely
and opaquely covered, unless such employee is
in an area described in section 10-23;
(e) to engage in the display or exposure
of any specified anatomical area while
simulating any specified sexual activity with
any other person at the esta-blishment,
including with another employee;
(f) to engage in a private performance;
(g) to, while engaged in the display or
exposure of any specified anatomical area,
intentionally touch any person at the adult
entertainment establishment, excluding another
employee; or
(h) to touch the clothed or unclothed
body of any person at the adult entertainment
establishment, excluding another employee, at
any point below the waist and above the knee
33
,
,
. ,
of the person, or to touch the clothed or
unclothed breast of any female person.
Sec. 10-34. Touchinq of Emnloyee by Person.
(a) It shall be unlawful for any person
in an adult entertainment establishment, other
than another employee, to intentionally touch
an employee who is displaying or exposing any
specified anatomical area at the adult
entertainment establishment.
(b) It shall be unlawful for any person
in an adult entertainment establishment, other
than another employee, to intentionally touch
the clothed or unclothed breast of any
employee, or to touch the clothed body of any
employee at any point below the waist and
above the knee of the employee.
Sec. 10-35. Exceedinq Occunancv Limit of
Adul t Booth. It shall be unlawful for any
person to occupy an adult booth in which booth
there are more people than that specified in
the posted sign required by section 10-22.
Sec. 10-36. Use of Restrooms or Dressinq
Rooms. Notwithstanding any provision
indicating to the contrary, it shall not be
unlawful for any employee of an adult enter-
tainment establishment, regardless of whether
it is licensed under this Code, to expose any
specified anatomical area during the
employee's bona fide use of a dressing room
which is accessible only to employees.
Sec. 10-37. Hours of Oneration.
(a) It shall be unlawful for any
operator of an adult entertainment establish-
ment to allow such establishment to remain
open for business, or to permit any employee
to engage in a performance, solicit a per-
formance, make a sale, solicit a sale, provide
a service, or solicit a service, between the
hours of 2:00 a.m. and 12:00 p.m. of any
particular day.
(b) It shall be unlawful for any
employee of an adult entertainment establish-
ment to engage in a performance, make a sale,
solicit a sale, provide a service, or solicit
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a service, between the hours of 2:00 a.m. and
12:00 p.m. of any particular day.
Sec. 10-38. Alteration of License or Permit.
It shall be unlawful for any person to alter
or otherwise change the contents of an adult
entertainment license.
Sec. 10-39. False statement or False
Information in Annlyinq for License. It shall
be unlawful for any person applying for an
adul t entertainment license to make a false
statement which is intended to facilitate the
issuance of a license, or to provide false
information which is intended to facilitate
the issuance of a license.
Sec. 10-40. Violations Subject to Criminal
Prosecution. Whoever violates any section or
provision of this Code shall be guilty of a
second degree misdemeanor and subject to
punishment as provided in Sections
775.082(4) (b) and 775.083(e), Florida
Statutes.
Sec. 10-41. Powers of the City Council of the
City of Sebastian. The City Council may bring
suit in the Circuit Court to restrain, enjoin
or otherwise prevent the violation of this
Code.
Sec. 10-42. Effective Date. This Code shall
take effect immediately upon its adoption."
Section 2. Section 4-3 of the Code of Ordinances of the city
of Sebastian is hereby repealed in its entirety.
section 3. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. CODIFICATION.
It is the intention of the city
Council of the city of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
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may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
section 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
city Council of the city of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
section 6.
EFFECTIVE DATE.
This Ordinance shall become
effective immediately upon its adoption.
Jf~~e foregoing Ordinance was moved for adoption by Councilman
~~~ . The motion was seconded by Councilman
Ohdil t?/G
and, upon being put into a vote, the vote was
as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day Of~-Vt~ ' 1992.
CITY OF SEBASTIAN, FLORIDA
By:$r ~___
W.E. Conyers Mayor
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_ ATTEST:
. ~/rn 0rt1~
. Kathry M. O'Halloran,
CMC/AAE, city Clerk
( SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State statute, that one ij\!blic heq . ng was held on this
Ordinance at 7:00 p.m. on the C(:!:!J- day of , 1992,
and that following said public hearing th e was passed
by the City Council.
~~)n.()~J~
Kathryn M. O'Halloran,
CMC/AAE, city Clerk
AP~ ~-content:
Charles Iari-~sh,
city Attorney
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