Loading...
3185 Adult Entertainment (b ) Commercial establishments exist or may exist within the City and other nearby cities or counties in Central Florida where dancers, entertainers, performers, or other individuals, who, for commercial gain, perform or are presented while displaying or exposing specified anatomical area; or engage in straddle dancing or touching with customers. (e) The activities described in subsections (a) and (b) occur at establish- ments which operate for the purpose of making a profit and, as such, are subject to regulation by the City in the interest of the health, safety, economy, property values, and general welfare of the people, businesses, and industries of the City. A major industry which is important to the eommunity's economic welfare is tourtam by persons seeking to bring children to visit attractions who wish to stay in a community with a family atmosphere. (d) When the activities described in subsections (a) and (b) are present in establishments, other activities which are illegal, unsafe, 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 eompetitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring business - es, lower real property values, promote the particular crimes described 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 often are constructed, in part or in whole of substandax'd materials, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signs or appearance that lower the surrounding property values and contribute to urban decline. (g) The activities described in subsections (a) and (b) often occur in establishments concurrent with the sale and consumption of alcoholic beverages. (h) The concurrence of the sale and of alcoholic beverages with the activities described in subsections (a) and (b) leads to a further increase in eriminai activity, unsafe activity, and disturbances of the peace and order of the surrounding community. (i) The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a) and (b) ereares additional hazards to the health and safety of persons in attendance and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely affecting the quality of life, tone of commerce, and community environment. (j) In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses, and industries of the City, it is necessary and advisable for the City to regulate the sale and 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 subsec- tions (a) and (b) occur engage in a higher incidence of certain types of unhealthy or criminal behavior than employees of other establishments. (1) Physical contact or touching within establishments 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, and general welfare of the people of the City, it is necessary and advisable for the City to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers, and customers at establishments where the activities Ordinance No. 3185 Page 2 described in subsections (a) and (b) occur. (n) The potential dangers to the health, safety, and general welfare of the people of the City posed by permitting an establishment at which the activities described in subsections (a) and (b) occur to operate without first meeting the requirements for obtaining a license under this Code are so great as to require the lieensure of such establishments prior to their being permitted to operate. (o) Requiring operators of establishments at which the activities described in subsections (a) and (b) occur to keep a list of information concerning current employees and certain recent 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) Prohibiting establishments at which the activities described in subsections (a) and (b) occur from operating within set distances of educational institutions, religious institutions, residences, areas zoned or designated for residential use, and parks, at which minors are customarily found, will serve to protect minors from the adverse affects of the activities that accompany such establishments. (q) Straddle dancing, unregulated private performances, and enclosed adult booths in establishments at which the activities described in subsection (a) and (b) occur have resulted in indiscriminate commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression. Section 6. Defjnjtions., Thefollowingwords, terms andphrases, whenusedinthis Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (a ) "Adult bookstore" shall mean an establishment which advertises, sells or rents, or offers for sale or rent adult material. The provisions of this definition of "Adult bookstore" are not intended to apply and it is an affirmative defense to an alleged violation of this Code regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that at the establishment: (1) admission is not restricted to adults only, and (2) all adult material is accessible only by employees, and (3) the gross income from the sale and/or rental of adult material comprises less than ten (10) percent of the gross income from the sale and rental of the goods or services at the establishment, and (4) the individual items of adult material offered for sale and/or rental comprise less than twenty-five (25) percent of the total individual new items publicly displayed as stock in trade in any of the following categories: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videotapes, slides, or other visual representations, or recordings, or other audio matter or less than twenty-five (25) percent of the individual used items publicly displayed at the establishment as stock in trade in the same categories set out above. "Adult booth" shall mean a small enclosure inside an adult entertainment establishment accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material" but does not include a restroom or a foyer through which the public enters or exits the establishment. "Adult entert~jnment establishment" shall mean an adult theater, an adult bookstore, or an adult performance establishment operated for commercial or pecu- niary gain regardless of whether such establishment is licensed under this Code. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or Ordinance No. 3185 Page 3 loss. It shall be presumed that an establishment is "operated for commercial or pecuniary gain" if the establishment has an occupational license. An establishment with an adult entertainment license shall be presumed to be an adult entertainment establishment. "Adult material~ shall mean any one or more of the following regardless of whether it is new or used: (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videotapes, slides, or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or (b) Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities. "Adult motel" shall mean any motel, hotel, boardinghouse, roominghouse or other place of temporary lodging which includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, videotapes, 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. The term "adult motel" is included within the definition of "adult theater". "Adult performances establishment" (a) shall mean an establishment where any employee: (1) engages in a private performance or displays or exposes any specified anatomical areas to a person other than another employee, regardless of whether the employee actually engages in dancing; ( 2 ) wears any covering, tape, pasty, or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas, regardless of whether the employee actually engages in dancing; (3) offers, solicits, or contracts to dance or perform with a person other than another employee in consideration for any tip, remuneration or compensation from or on behalf of that person; or (4) dances or performs with or within three (3) feet of a person other than another employee in consideration for any tip, remuneration or compensation from or on behaif of that person. (b ) The provisions of subsection (a) are not intended to apply and it is an affirmative defense if the predominant business or attraction of the establishment is not the offering to customers of a product, s.ervice, or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and the establishment is not distinguished by an emphasis on or the advertising or promotion of material relating to or employees depicting, describing, displaying, exposing, or simulating specified sexual activities or specified anatomical areas. (c) An adult performance establishment shall not be deemed a place provided or set apart for the purpose of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence of Section 800.03, Florida Statutes, the State's indecent exposure statute as set forth in the decision of the Supreme Court of Florida in the case of Hoffman v. Carson, 250 So. 2d 891,893 (Fla. 1971), appeal dismissed 404 U.S. 981 (1971). "Adult theater" formerly known as or otherwise known as "adult motion picture theater" means an establishment 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 Ordinance No. 3185 Page 4 sexual activities or specified anatomical areas. Adult motels are included within the definition of adult theater. An establishment which has adult booths is considered to be an adult theater. ~Alcoholic beverage" shall mean a beverage containing more than one (1) percent of alcohol by weight. 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 beer, wine, whiskey, moonshine whiskey, moonshine, shine, rum, ~in, tequila, bourbon, vodka, scotch, scotch whiskey, brandy, malt liquor, 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 manufactur- er's insignia, name, or trademark. Any person who, by experience in the handling of alcoholic beverages, or who by taste, smell, or drinking of such alcoholic bever- ages has knowledge of the alcoholic nature thereof, may testify as to his opinion about whether such beverage is an alcoholic beverage. "Conviction" shall mean a determination of guilt resulting from a plea or trial regardless of whether adjudication was withheld or whether imposition of sentence was suspended. "Department" shall mean the building department, fire and rescue division, health department, police department, zoning department, or tax collector, including the respective director, employees, officers and agents thereof. "Educational jnstitution" shall mean a premises or site upon which there is an institution of learning for minors, whether public or private, which conducts re~lar classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning. However, the term "educational institution" does not include a premises or site upon which there is a vocational institution, professional institution or an institution of higher education, including a community college, junior college, four year college or university. "Employee" shall mean a person who works, performs, or provides services at an adult entertainment establishment, irrespective of whether said person is paid a salary or wage. "Establishment" shall mean a site or premises, or portion thereof, upon which 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. ) "Law enforcement officer" shall mean an officer who is on official duty for a law enforcement agency. "Licensee" shall mean any person whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment. "Operator" shall mean any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establish- ment, including but not limited to, the licensee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, or movie projectiontat. "Park" shall mean a tract of land within a city or unincorporated area of a county which is kept for ornament or recreation and which is maintained as public property. "pre-existjnE" shall mean as follows: (a) When used together with the term "adult entertainment establishment", "religious institution", "educational institution", "commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption", or "residence", the word "pre-existing" shall mean: Ordinance No. 3185 Page 5 (1) the establishment, institution, or residence is already being lawfully used or lawfully occupied; or (2) a building permit for the establishment, institution, or residence has been lawfully issued, all fees associated with the permit have been paid, and the permit has not expired; or (3) an application or plan to allow the establishment, institution, or residence to be constructed, used, or occupied has been filed and is undergoing review or is approved, with or without con- ditions. (b) When used together with the term "park" the word "pre-existing" shall mean: (1) the park is already being used; or (2) the park site has been approved or otherwise designated by the appropriate governing body. "Private performnee" shall mean modeling, posing, or 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 person is totally or partially screened or partitioned during such display from the view of all persons outside the area. "Public nudity" shall mean to display or expose at an adult entertainment establishment less than completely and opaquely covered: (a) human genitals or pubic region; (b) the cleavage of the human buttocks; (c) the areola or nipple of the human female breast. "Religious institution" shall mean a premises or site which is used primarily or exclusively for religious worship and related religious activities. "Specified anRtomical areas" means: (a) Less than completely and opaquely covered: (1) human genital or pubic region; or (2) any part of the human buttocks; or (3) 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 area 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. (b) Human male genitals in a discernibly erect or turgid state, even if com- pletely and opaquely covered. "Specified crimins.] act" shall mean: (a) A violation of this Adult Entertainment Code; or (b) Any felony under the laws of the United States or of any state; or (c) An offense under the following chapters of the Florida Statutes; Chapter 794 regarding sexual battery, Chapter 796 regarding prostitution, Chapter 800 regarding lewdness and indecent exposure, Chapter 826 regarding bigamy and incest, and Chapter 847 regarding obscene literature and profanity; or Ordinance No. 3185 Page 6 (d ) An offense under an analogous statute of a state other than Florida, or an analogous ordinance of another county or city. "Spee~ied sexual activity" shall mean: (a) Human genitals in a state of sexual stimulation, arousal, erection or tumescenee; or (b) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or (c) Acts of human anilingus, bestiaHty, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual inter- course, sodomy, or urolagnia; or (d) Excretory functions as part of or in connection with any of the activities set forth in subsections (a) , (b) , or (c) . "Straddle dance" also known as a "lap dance" or "face dance," shall mean either of the following acts: (a) 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 establishment. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing any specified anatomical area. It shah also be a straddle dance regardless of whether the touch or touching is direct or through a medium. (b ) The straddling of the legs of an employee over any part of the body of a person other than another employee at the establishment, regardless of whether there is a touch or touching. Section 7. Enforcement. The provisions of this Code may be enforced by: (a) a suit brought by the City Commission in the circuit court to restrain, enjoin, or prevent a violation of this Code; or (b) enforcement proceedings by the City Code Enforcement Board; or (c ) criminal prosecution as provided in Article V, Section 50 of this Code. Section 8. Responsibilities of departments. Ultimate responsibility for the administration of this Code is vested in the City Commission. The other departments are responsible for the following: (a) The tax ceHector is responsible for granting, denying, revoking, renewing, suspending, and cancelling adult entertainment licenses for proposed and existing adult entertainment establishments as set out in Article II of this Code. ( b ) The police department is responsible for verifying information contained on an application made pursuant to Section 21, for inspecting proposed, or existing adult entertainment establishments in order to ascertain compliance with applicable criminal statutes and ordinances, including those set forth at Article V of this Code, for determining whether adult entertainment license applicants have been convicted of a specified criminal act within the previous five years, and for enforcing applicable criminal statutes and ordinances, including those set forth at Article V of this Code. (c) The bUildjng department is responsible for inspecting any proposed establishment or existing adult entertainment establishment in order to ascertain compliance with Article IV of this Code and all applicable building codes, statutes, ordinances, and regulations. ( d ) The fire and rescue division is responsible for inspecting any proposed or existing adult entertainment establishment in order to ascertain compliance with Article IV of this Code and all applicable fire codes, statutes, ordinances, and regulations. Ordinance No. 3185 Page 7 (e) The health department is responsible for inspecting any proposed or existing adult entertainment establishment in order to ascertain compliance with Article IV of this Code and all applicable health codes, statutes, ordinances, and regulations. (f) The zoning department is responsible for ascertaining whether the location of proposed adult entertainment establishments complies with all distance, zoning, and location requirements of Article III of this Code, applicable portions of Article IV of this Code, and all applicable zoning regulations in the City and whether existing adult entertainment establishments are in compliance with Article III and Article IV of this Code and all applicable zoning regulations and land use laws. Section 9. Appeals. Any decision of the tax collector pursuant to Article II of this Code ("Licensing") may be immediately reviewed as a matter of right by the circuit court upon the filing of an appropriate pleading by an aggrieved party. Section 10. Notice. Any notice required under the Code shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license. This mailing address shall be considered the correct mailing address unless the tax collector has been otherwise notified in writing. Section 11. Immunity from prosecution. The City of Sanford or any of its departments or agents or any law enforcement officer shall be immune from prosecution, civil or criminal, for reasonable good faith trespass upon an adult entertainment establishment while acting within the scope of the authority under this Code. Section 12. Construction. This Code shall be liberally construed to accomplish its purpose of licensing, regulating and dispersing 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 singular number shall include the plural number, unless the context suggests otherwise. Section 13. 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. No void, unconstitutional or invalid portion or "proscribed provision, or application thereof, was an inducement to the enactment of this Code. ARTICLE II ~ LICENSING Section 20. License required; classifications. (a ) Requirement. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license by the tax collector under this Code. (b) Classifications. Adult entertainment establishment licenses referred to in this Code shali be classified as follows: (1) Adult bookstore; (2) Adult theater; or (3) Adult performance establishment. (c) Single classification of license. An adult entertainment license for a particular "adult entertainment establishment shall be limited to one ( 1 ) classification of license. Section 21. Application for license; application fee; consent by applicant. (a) Required. Any person desiring to operate an adult entertainment establishment shall file with the tax collector a sworn license application on standard Ordinance No. 3185 Page 8 application forms supplied by the tax collector. (b) Contents of application. 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 eighteen (18) years of age or older; or b. A partnership, the partnership shall state its complete name, the names and mailing addresses of all partners whether general or limited, the residence address of at least one person authorized to accept service of process, and provide a copy of any existing partnership agreement; 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, the name and address of the registered corporate agent for service of process, and provide a copy of its articles of incorporation; (2) If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name must be registered under Florida Statutes, Section 865.09; (3) Whether the applicant or any of the other individuals listed pursuant to subsection (1) has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction; (4) Whether the applicant or any of the other individuals listed pursuant to subsection (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 individuals listed pursuant to subsection (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; (5) Whether the applicant or any other individuals listed pursuant to subsection (1) holds any other licenses under this Code and, if so, the names and locations of such other licensed establishments; (6) The single classification of license for which the applicant is filing; (7) The location of the proposed establishment, including a legal de- scription of the property site, and a legal street address; (8) The applicant's mailing address, business address, residential address, and business and residential telephone numbers; and (9) A site plan drawn to appropriate 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 Ordinance No. 3185 Page 9 driveways; b. All windows, doors, entrances and exits, 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 calculated in terms of percentage of increase in door size; (10) A recent photograph of the applicant; and (11) The applicants social security number or employer's tax identification number and either the appHcant's driver's license number or the number of a state or federally issued identification card. (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 25 of this Code. (d) Incomplete application. In the event the tax collector 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 days to properly complete the application. (The time period for granting or denying a Hcense under Section 23 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 of their responsibilities under this Code by the agents or departments of the City. Section 22. Processing of application; investigation; findings. (a) Processing. Upon receipt of a complete application properly filed with the tax collector and upon payment of the nonrefundable application fee, the tax collector shall immediately stamp the application with the date it was received and shall immediately thereafter send photocopies of the application and all attachments to the police department, the building department, the fire and rescue division, the health department, and the zoning department. (b) Investigation. Each department shall promptly conduct an investigation of the applicant, application, and the proposed establishment in accordance with its responsibilities summarized at Section 7 of this Code to determine whether false, incomplete, or incorrect information was given on the application or whether the pro- posed establishment will be in violation of any provision of Article III or Article IV of this Code or of any building, fire, health, or zoning statute, code, ordinance, regulation, lease, deed restriction, or court order. ( c ) Filldin gS. After investigation, each department shall report its findings in writing and shall forward its findings to the tax collector within fourteen days and shall state whether the department finds that false, incomplete, or incorrect information was given on the application or whether the proposed establishment will be in violation of any provision of Article III or Article IV of this Code or of any building, fire, health, or zoning statute, code, ordinance, regulation, lease, deed restriction, or court order. Section 23. Grant; denial; rejection. (a) Time period for granting or denying license. The tax collector shall grant or deny an application for a license under this Article II within twenty-one days from the date of its proper filing. Upon the expiration of the twenty-first day, the applicant may be permitted to begin operating the establishment for which a license is sought, unless and until the tax collector notifies the applicant of a denial of the application and states the reasons for that denial. Ordinance No. 3185 Page 10 (b) Grantin~ of application for license. If none of the departments have made a finding that would require that the application be denied, the tax collector 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 required in Section 24 and Section 25, with credit as provided in Section 21(c). ( c ) Denyin~ of application for license. (1) The tax collector shall review the findings reported by the departments and deny the application for any of the following reaSOnS: a. The application contains material false information or is incomplete; b. The granting of the application would violate a statute or ordinance, deed restriction, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment license. c. The applicant or any of the other individuals listed pursuant to Section 21 (b) (1) has had a license under this Code suspended or revoked by the tax collector; (2) If the tax collector denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial. (d) Rejection of application. If a person applies for a license at a particular location within a period of nine months from the date of denial of a previous applica- tion for a license at the location, and there has not been an intervening change in the circumstances which would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected. Section 24. Licenses; term; renewal; expiration; cancellation; reports; consent. (a) Contents. An adult entertainment license shall state on its face the name of the licensee, the name of the establishment, the street address of the establishment, the classification of the license, the date of issuance, and the date of expiration. (b) Term. All licenses issued under this Code shall be annual licenses which shall commence running on October 1st, if they have been paid for, and shall expire on September 30th of the following year. If a license is issued after October 1st, but by March 31st of the following year the applicant shall pay the applicable license fee. If a license is issued after March 31st, but by October 1st of the same year, the applicant shall pay one-half the applicable license fee. (c) Renewals. Licenses shall be renewed annually. Subject to other pro- visions of this Code, a licensee under this Code shali be entitled to a renewal of his annual license from year to year, as a matter of course, by October 1st by pre- senting the license for the previous year and by paying the appropriate license fee. (d) Expiration. A license that is not renewed under this Code by October 1st of each year shall expire. An expired license may be renewed by November 30th of the same year upon presentment of an affidavit stating that no adult entertainment activity has taken place at the establishment subsequent to expiration, 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. All expired licenses not renewed by November 30th shall be cancelled summarily by the tax collector. (f ) Reports and records. Each licensee shall keep such records and make such reports as may be required by the tax collector and the departments to implement this Code and to carry out its purpose. Whenever the information required by or provided under Section 21 (b) has changed, the licensee shall promptly report to the tax collector the changed information. Ordinance No. 3185 Page 11 (g) 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 tax colieetor and the departments of their responsibilities under this Code. Section 25. Annual license fee. (a ) Levy. There are hereby levied the following annual license fees under this Code for an adult entertainment establishment: (1) An adult bookstore - seven hundred fifty dollars ($750.00); (2) An adult theater, as follows: a. Having only adult booths - thirty-five dollars ($35.00) for each booth; b. Having only a hall or auditorium - three dollars and fifty cents ($3.50) for each seat; c. Having only an area outdoors designed to permit viewing by customers seated in vehicles - three dollars and fifty cents ($3.50) for each parking space; d. Having a combination of a., b. and/or c., the cumulative license fee applicable to each under such subsections; e. Adult motel - seven hundred and fifty dollars ($750.00); ( 3 ) An adult performance establishment - seven hundred fifty dollars ($750.00). (b ) Fees regulatory. The annual license fees collected under this Code are declared to be regulatory fees which are collected for the purpose of examination and inspection of adult entertainment establishments under this Code and the administration thereof. These regulatory fees are in addition to and not in lieu of the occupational license taxes imposed by other ordinances. Section 26. Transfer. (a) Requirements. A licensee under this Code 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 tax collector 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 tax collector setting forth the information called for under Section 21, and the application has been granted by the tax collector after investigation by the police department; and (2) In the event he has purchased the licensed establishment from the licensee, produces satisfactory proof that the sale was bona fide; and (3) Pays a transfer fee of ten (10) percent of the appropriate annual license fee. (b) Effect of suspension or revocation procedures. No license may be transferred pursuant to subsection (a) when the tax collector has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee. (c) No transfer to a different location. A licensee shall not transfer his license to another location. (d) Attempted/mproper transfer void. Any attempted transfer of a license either directly or indirectly in violation of this section is hereby declared void. Ordinance No. 3185 Page 12 Section 27. C~g name of establishment. No licensee may change the name of an adult entertainment establishment unless and until he satisfies each of the following requirements: (a) Gives the tax collector thirty (30) days notice in writing of the proposed name change; (b) Pays the tax collector a three dollar ($3.00) change-of-name fee; and (c) Complies with Florida Statute Section 865.09. Section 28. Suspension. (a) Violation of bttiJding, fire, health o~' zoning statute, code, Ordinance, or regulation. In the event a department learns or finds upon sufficient cause that a licensed 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 40(1), (2), (3) or (4), the department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the Hcensee fails to correct the violation before the expiration of the seven-day period the department shall notify the tax collector, who shall forthwith suspend the license, and shall notify the licensee of the suspension. The suspension shall remain in effect until the department which reported the violation notifies the tax collector in writing that the violation of the provision in question has been corrected. (b) Illegal transfer. In the event the tax collector learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to Section 26, he shall forthwith suspend the license, and notify the licensee of the suspension. The suspension shall remain in effect until the tax collector is satisfied that the requirements of Section 26(a) have been met. (c) Convictions for violations 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-year period, and convictions result from at least three (3) of the violations, the tax collector shall, upon receiving evidence of the third 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 tax collector shall, upon receiving evidence of the first 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 tax collector shall, upon receiving evidence of the first conviction, suspend the Hcense again, and notify the Hcensee ofthe suspension. The suspension shall remain in effect for a period of one hundred eighty (180) days. (4) The transfer or renewal of a license pursuant to this Code shall not defeat the terms of subsections (c) (1) through (3). Ordinance No. 3185 Page 13 (d ) Effective date of suspension. All periods of suspension shall begin ten (10) days after the date the tax collector mails the notice of suspension to the licensee or on the date the licensee delivers his license to the tax collector, whichever happens first. Section 29. Revocation. (a) False information. In the event the tax collector receives evidence that a license was granted based upon false information, misrepresentation of fact, or mistake of fact, the tax collector shall forthwith revoke the license, and notify the licensee of the revocation. ( b ) Repeat convictions. (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 28(c)(3), and the violation occurs 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 tax collector shall, upon receiving evidence of a conviction for the subsequent violation, 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). (c) Effect of revocation. If a license is revoked, the Hcensee shall not be allowed to obtain another adult entertainment license for a period of two (2) years, and no license shall be issued again to any other person for the location upon which the adult entertainment establishment was situated. (d) Effective date of revocation. The revocation shall take effect in (10) days after the date the tax collector mails the notice of revocation to the licensee or on the date the licensee delivers his license to the tax collector, whichever happens first. ARTICLE III- DISTANCE RESTRICTIONS Section 30. Prohibited locations. (a) Notwithstanding any other provision of this Code, except Section 33, or any provision of the City of Sanford Land Development Regulation, no person shall propose, cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlargement, would or will be located within fifteen hundred (1,500) feet of a preexisting adult entertainment establishment, within fifteen hundred (1,500) feet of a preexisting religious institution, within fifteen hundred ( 1,500 ) feet of a preexisting educational institution, within five hundred (500) feet of an area zoned within the county or a municipality for residential use, within five hundred (500) feet of an area designated as residential on the future land use map of the City of Sanford, City of Lake Mary, or Seminole County's comprehensive plans, within fifteen hundred (1,500) feet of the property line of a preexisting residence, within fifteen hundred (1,500) feet of a preexisting park, or within two hundred (200) feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, or within five hundred (500) feet of the right-of-way of all roads named in Schedule 1, Base Building Line and Designated Right-of-Way Requirements for Specific Streets as set forth in the City of Sanford's Land Development Regulations. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent (b) In addition to the distance requirements set forth in subsection (a), an adult entertainment establishment shall not be allowed to open anywhere except in RI-1, Restricted Industrial or MI-2, Medium Industrial Zoning Districts as set forth in the City of Sanford Land Development Regulations where adult entertainment establishments are an expressly permitted use. Ordinance No. 3185 Page 14 (c) The distance requirements of subsection (a) are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations. Section 31. Measurement of dj-~tance. The distance from a proposed or existing adult entertainment establishment to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use, an area designated on the future land use map of the comprehensive plan as residential, a preexisting residence, a preexisting park, or a preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the preexisting adult entertainment establishment, preexisting religious institution, preexisting educational institution, area zoned for residential use, area designated on the future land use map of the comprehensive plan as residential, preexisting residence, preexisting park, or preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption. Section 32. Nonconforr.~ng uses. (a) Anadultentertainmentestablishmentwhich, on ,1993, was located on a site which is prohibited by Section 30 of this Code, shall cease operations by October 1, 19 (b) When a nonconforming use of an adult entertainment establishment has been discontinued for ninety (90) consecutive days or more, the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site on which the establishment is located. Section 33. Variances. The Board of Zoning Adjustment of the City is authorized to recommend a variance from the distance and zoning requirements of this Code, pursuant to the procedures and criteria set forth for other variance requests as set forth in Chapter __, Article , of the City Code and the City Commission is authorized to make a determination on the Board of Zoning Adjustment's recommendation pursuant to Chapter __ , Article , of the City Code. ARTICLE IV - GENERAL OPERATIONAL RULES Section 40. General requirements. Each adult entertainment establishment is subject to ail of the following general requirements and shall: (a) Conform to all applicable building, fire, health, zoning, and land use statutes, codes, ordinances, and regulations, whether federal, state or local. (b ) On the first Monday of each month provide the police department with a report of all persons who are employees or who were employees at the establishment during the previous month, which report shall contain the name, date of birth, residential address, social security number, position, and stage name, ff any, of such persons. (c) Keep the adult entertainment Hcense posted in a conspicuous place at the establishment avaliable for inspection by the public at ali times. (d ) Cover opaquely each window or other opening through which a person outside the establishment may otherwise see inside the establishment. (e) Maintain all exterior walls and surfaces of the establishment, excluding signs, a single achromatic or light pastel color, and shall maintain all awnings, canopies, window shutters, window treatment, or other trim the same color or a single different shade of the same achromatic or light pastel color. The trim color shall not exceed twenty percent (20%) of the entire exterior surface of the building. Nothing in this subsection shall be construed to require the painting of an otherwise unpainted exterior portion of an establishment such as brick or stone. (f) Install, construct, keep, maintain, or allow only those signs at the establishment which comply with the City sign ordinances and the provisions of this subsection. (1) No sign shall contain any flashing lights, photographs, silhou- Ordinance No. 3185 Page 15 ettes, drawings or pictorial representations of any manner (except for the logo of the establishment, provided the logo shall not contain any specified anatomical areas, or any male or female forms at or below the clavicle), (2) No sign shall contain in the name or logo of the establishment, or otherwise, the words "nude", "nudity", "naked", "topless", "go-go", or "dancer", or other words or material depicting or describing, specified anatomical areas or sexual activities. Section 41. Adult theaters. In addition to the general requirements for an adult entertainment establishment contained in Section 40, an adult theater shall comply with the following special requirements: (a) If an adult theater contains a hall or auditorium area, the area shall have: ( 1 ) Individual separate seats, not couches, benches, or the like, to accommodate the number of persons allowed to occupy the area; (2) 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; and (3) A sign posted in a conspicuous place at or near each entrance 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. (4) Sufficient illumination so that persons in all areas of the auditorium can be seen. (b ) If an adult theater contains adult booths, each adult booth shall have: (1) A sign posted in a conspicuous place at or near the entrance which states the maximum number of persons allowed to occupy the booth, which number shall correlate with the number of seats in the booth; (2) A permanently open entrance not less than thirty-two (32) inches wide and not less than six (6) feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition. (3) Individual, separate seats, not couches, benches, or the like, which correlate with the maximum number of persons who may occupy the booth; (4) 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; and (5) Except for the entrance, walls or partitions of solid construction without any holes or openings in such walls or partitions. (6) Illumination by a light bulb of no less than twenty-five (25) watts. (c) If an 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, property zoned for residential use, religious institution, educational institution, or park. Section 41. Adult DerformAnce establishments. In addition to the general re- quirements for an adult entertainment establishment contained in Section 40, an adult performance establishment shall comply with the following special requirements; Ordinance No. 3185 Page 16 (a) Have a stage provided for the display or exposure of any specified ana- tomical 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 (b ) Any area in which a private performance occurs shall: (1) Have a permanently open entrance not less than thirty-two (32) inches wide and not less than six (6) feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; and (2) Have a wall to wall, floor to ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent, and which partition separates the employee from the person viewing the private performance. Section 43. Adult bookstores. In addition to the general requirements for an adult entertainment establishment contained in Section 40, an adult bookstore shall not display merchandise or adult material in a manner that allows such merchandise or adult material to be visible from the outside of the structures at the establishment. Section 44. Employee records. (a) An adult entertainment establishment shall maintain 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 employees full legal name, including any aliases, date of birth, residential address, residential telephone number (if any), social security number, driver's license number or state or federally issued identification card number, and a recent photograph of the 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) An operator of the establishment shall, upon request by a law enforcement officer when the establishment is open for business, immediately make available for inspection, the original records, or the true and exact photocopies thereof. ARTICLE V - CRIMINAL PROVISIONS Section 50. PenAlty. Whoever violates any section of this Article V ("Criminal Provisions") may be punished as provided in Florida Statute 125.69. Further, the prohibitions of this Ordinance may be enforced by enforcement proceedings before the City Code Enforcement Board. Section 51. Operation without valid adult entertRinment license. It shall be unlawful for any person to be an operator of an adult entertainment establishment when: (a) The establishment does not have a valid adult entertainment license for each applicable classification; (b ) The license of the establishment is under suspension; (c ) The license of the establishment has been revoked or cancelled; or (d ) The establishment has a license which has expired. Section 52. Working at unlicensed establishment. It shall be unlawful for any person to act as an employee of an adult entertainment establishment that he knows or should know does not have a valid license under this Code, or which has a license which is under suspension, has been revoked or cancelled, or has expired, or which Ordinance No. 3185 Page 17 does not have each applicable adult entertainment Hcense conspicuously displayed. Section 53. Operation contrary to certain provisions. It shall be unlawful for any person to be an operator of an adult entertainment establishment: (a) Which does not satisfy all of the general requirements of Section 40(c), (d) , (e) , or (f); (b ) Which is an adult theater and does not satisfy all of the special require- ments of Section 41; (c ) Which is an adult performance establishment and does not satisfy all of the special requirements of Section 43; (d ) While the entrance or exit of the establishment is locked when a person other than an employee is inside the establishment. Section 54. Prohibited acts. It shall be unlawful for an employee of an adult entertainment establishment to commit any of the following acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, or allow any employee to commit any of the following acts: (a ) Engage in a straddle dance with a person at the establishment; (b) Offer, contract or otherwise agree to engage in a straddle dance with a person at the establishment; (c ) Engage in any special sexual activity at the establishment; (d) Engage in public nudity as defined in Section 6 of this Code. (e) Display or expose at the establishment specified anatomical areas while such employee is not continuously positioned at least three feet away from all other persons or while such employee is not in an area as described in Section 42(a); (f) Display or expose specified anatomical areas at an establishment where alcoholic beverages are sold, offered for sale or consumed. (g) Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment; (h) Engage in a private performance unless such employee is in an area which complies with the requirements of Section 42(b)(1) and (2); ( i ) Intentionally touch any person at the adult entertainment establishment, while engaged in the display or exposure of any specified anatomical area; or (j) Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, at any point below the waist and above the knee of the person, or intentionally touch the clothed or unclothed breast of any female person. (k) Notwithstanding any provision indicating the contrary, it shall not be unlawful for any employee of an adult entertainment establishment to expose any specified anatomical area during the employees bona fide use of a restroom, or bona fide use of a dressing room which is used and occupied only by other employees. Section 55. TouchlnK employees prohibited. (a) It shall be unlawful for any person in an adult entertainment establish- ment 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 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. Section 56. Advex-tising prohibited activity. It shall be unlawful for an operator of Ordinance No. 3185 Page 18 an adult entertainment establishment to advertise, encourage or promote any activity prohibited by this Code. Section 57. Minors prohibited. It shall be unlawful for an operator or employee of an adult entertainment establishment to knowingly, or with reason to know, permit, suffer, or allow a person under eighteen (18) years of age to: (a ) enter or remain in the establishment; (b) purchase goods or services at the establishment; or (c) work at the establishment as an employee. Section 58. Failure to maintain employee records. It shall be unlawful to be an operator of an adult entertainment establishment at which all records for employees required by Section 44 have not been compiled, are not maintained, or are not made available for inspection by a law enforcement officer upon request when the establishment is open for business. Section 59. Exceedh,~ occupancy |jmJt of adult booth. It shall be unlawful for any person to occupy an adult booth in which booth there are more people than that specified on the posted sign required by Section 41. Section 60. Hours of operation. It shall be unlawful between the hours of 2: 00 a. m. and 9:00 a.m. of any day for: (a) An operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow, suffer or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service. (b) An employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service. Section 61. Alteration of license. It shall be unlawful for any person to alter or otherwise change the contents or appearance of an adult entertainment license without the written permission of the tax collector. Section 62. False statement in application for license. It shall be unlawful for any person applying for an adult entertainment license pursuant to Article II to make a false statement or provide false inforrrmtion which is intended to facilitate the issuance of a license on the application required by Section 21, to provide false information in the reports required by Section 40, or to falsify the records required by Section 44. Section 6S. Solicitation or personal advertising. It shall be unlawful for any employee of an adult entertainment establishment while situated outside any struc- ture on the site of the adult entertainment establishment, or while the employee is situated at a place at the adult entertainment establishment where the employee is visible from any public right-of-way or sidewalk to display or expose specified anatomical areas or engage in personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the employee, any other employee, or the adult entertainment establishment. Personal advertising includes , but is not limited to, sitting or standing outside any structure on the site of the adult entertainment establishment, gesturing, waving, repeatedly speaking in a raised tone of voice or otherwise encouraging or enticing potential customers beyond the adult entertain- ment establishment to enter the adult entertainment establishment. Seetion 64. Severability. It is declared to be the intent of the City Commission that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Seetion 65. Conflict. Any ordinance or part thereof in conflict with this Ordinance or any part hereof is hereby repealed to the extent of the conflict. Ordinance No. 3185 Page 19 Section 66. Inclusion into the Code. The provisions of this Ordinance shall be ineluded and incorporated within the Code of Ordinances of the City of Sanford, Florida, as Chapter 2~-, Adult Entertainment Establishments and the Code of Ordinanees may be tenumbered or relettered to accommodate such inclusion. Section 67. l~epeal. Ordinance No. 1608, codified as Section 3-24 of Chapter 3 of the Code of Ordinances hereby stands repealed and replaced by the provisions of this Ordinance in full. Section 68. F-ffective date. This Ordinance shall take effect immediately upon its passage. 199~. PASSED AND ADOPTED this/O~ day of~~ , A. D. MAYO~ ~' ~ ATTEST: CITY OF ~ANFORD ~ FLORIDA CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3185, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 10th day of January, 1994, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the llth day of January, 1994. As he Clt~"~y'C~ra of t~h~ C~y~oe~ Sanford, Florida Ordinance No. 3185 Page 20