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1608 ORDINANCE NO. 1608 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, SAID ORDINANCE AMENDING ORDINANCEN0. 1590 WHICH SUBSTANTIALLY REWROTE CHAPTER 3 OF THE SANFORD CITY CODE PERTAINING TO ALCOHOLIC BEVERAGES; TO ADD SECTION 3-23 MAKING IT IL- LEGAL TO CONSUME ALCOHOLIC BEVERAGES IN PUBLIC PLACES, ON SIDEWALKS, OR ON STREETS OF THE CITY; TO ADD SECTION 3-24 MAKING IT ILLEGAL TO ENGAGE IN LEWD, LACIVIOUS BEHAVIOR IN ESTAB- LISHMENTS SERVING ALCOHOLIC BEVERAGES IN THE CITY; PROVIDING FOR PENALTIES, SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Chapter 3 - AlcOholic Beverages of the Sanford City Code be and the same is hereby amended by adding the following sections: Sec. 3-23. Consumption of alcoholic beverages in public places, sidewalks or streets. (a) It shall be unlawful for any person to consume in the city any alcoholic beverage while on or in any public place, sidewalk or street as hereinafter defined, except on occasions when the consumption of alcoholic beverages is author- ized by permit of the city commission. (b) The term "public place" shall mean any place to which the general public is invited or has the right to resort including parks, streets, sidewalks, cemeteries, beaches, lakes and school yards, or open spaces adjacent thereto. (c) The wor~ "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line in- tended for the use of pedestrians, excluding parkways. (d) The wor~ "street'l shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other public highways in the city. Sec. 3-24. Lewd, lascivious behavior in establishments serving alcoholic beverages; penalty. (a) Authority. This section is enacted under the home rule power of the City of Sanford, Florida, in the interest of public health, peace, safety, morals, and general welfare of the citizens of Sanford, Florida. (b) Prohibitions, It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the corporate limits of Sanford, Florida, at which alcoholic beverages are offered for sale for consumption on the premises: (1) To suffer or permit any female person while on the premises of said commercial establishment, to expose to the public view, the area of the human female breast at or below the areola thereof. (2) To suffer or permit any female person while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as des- cribed in subsection (1) above. (3) To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view, his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage. (4) To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft or cleavage. It shall be unlawful for any female person, while on the premises of a commercial establishment located within the corporate limits of Sanford, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human breast at or below the areola thereof or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein. It shall be unlawful for any person, while on the premises of a commercial establishment located within the corporate limits of Sanford, Florida, at which alcoholic beverages are of- fered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage. (c) Penalties. Violation of this section constitutes a misdemeanor, and any person who violates any subsection hereof shall be prosecuted and punished in accordance with the laws of the State of Florida. In addition to criminal prosecution, the city commission may bring suit to restrain, enjoin or otherwise prevent the violati6n of this action in the Circuit Court of Seminole County, Florida. SECTION 2: If any section or a portion of a section of this ordinance proves to be invalid, unlawful, or unconstitu- tional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of this ordinance. SECTION 3: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: This ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 26th day of July , A.D., 1982. MAYOR ATTEST: \ As t~e~/~{ty C~~~ o~the City of Sanford, Florida. CERTIFICATE I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 1608, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of July, 1982, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 27th day of July, 1982. .... City of Sanf~d, Fi~