1607 ORDINANCE NO. 1607
AN EMERGENCY ORDIANANCE OF THE CITY OF SANFORD,
FLORIDA, AMENDING ORDINANCE NO. 1590 WHICH SUB-
STANTIALLY REWROTE CHAPTER 3 OF THE SANFORD CITY
CODE PERTAINING TO ALCOHOLIC BEVERAGES; TO ADD
SECTION 3-23 MAKING IT ILLEGAL TO CONSUME ALCO-
HOLIC BEVERAGES IN PUBLIC PLACES, ON SIDEWALKS,
OR ON STREETS OF THE CITY; TO ADD SECTION 3-24
MAIKING IT ILLEGAL TO ENGAGE IN LEWD, LASCIVIOUS
BEHAVIOR IN ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES IN THE CITY; PROVIDING FOR PENALTIES,
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, On October 14, 19741Ordinance No. 1256 was
enacted creating Section 3-25 of the Sanford City Code making it
illegal to consume ahcoholic beverages in public places, on
sidewalks, or on streets of the City; and
WHEREAS, on December 11, 1978 Ordinance No. 1450 was
enacted creating Section 3-26 of the Sanford City Code making
it illegal to engage in lewd, lacivious behavior in establishments
serving alcoholic beverages in the City; and
WHEREAS, The City Commission of the City of Sanford,
Florida has deemed it in the interest of public health, peace,
safety, morals, and general welfare of the citizens of Sanford,
Florida to so regulate the consumption of alcoholic beverages
and the conduct of persons in establishments serving alcoholic
beverages in the City; and
WHEREAS, in the regular cause of events the City
Commission of the City of Sanford, Florida deemed it advisable
to modify and update Chapter 3 of the Sanford City Code pertain-
ing to alcoholic beverages; and
WHEREAS, on February 22, 1982 Ordinance No. 1590 was
enacted substantially rewriting portions of Chapter 3 of the
Sanford City Code; and
WHEREAS, through inadvertance a scriveners error was
made in redrafting Chapter 3 of the Sanford City Code which de-
leted Section 3-25 and 3-26 as referred to in the preceeding
paragraphs; and
WHEREAS, it was not the desire or intention of the
City Commission of the City of Sanford, Florida to delete Sections
3-25 and 3-26 of the Sanford City Code; and
WHEREAS, the deletion of said sections repeals the
authority of the City to eliminate the consumption of alcoholic
beverages in public palces, on sidewalks, or on streets of the
City, or to eliminate lewd, lacivious behavior in establishments
serving alcoholic beverages within the City; and
WHEREAS, the City Commission of the City of Sanford,
Florida deems it in the interest of public health, peace, safety,
morals, and general welfare of the citizens of Sanford, Florida,
to continue to have the authority to regulate the conduct des-
cribed above; and
WHEREAS, the City Commission of the City of Sanford,
Florida based on the circumstances enumerated above, determines
and declares that an emergency exists in the City of Sanford,
Florida, which affects the life, health, property, and public
peace of the citizens of the City.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF SANFORD, FLORIDA, PURSUANT TO SECTION 2.14 OF THE
SANFORD CITY CODE AND CHAPTER 166.041(3)(b), FLORIDA STATUTES:
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 comsumption of alcoholic beverages is authorized by
permit of the city commission.
(b) The term "public place" shall mean any place
to which the general public is invitied or has the right to resort,
including parks, streets, sidewalks, cemeteries, beaches, lakes
and school yards, or open spaces adjacent thereto.
(c) The word "sidewalk" shall mean any portion of a
street between the curbline and the adjacent property line intended
for the use of pedestrians, excluding parkways.
(d) The word "street" 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 orbelow
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 described
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 violation of this section 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 and shall continue
in full force and effect for 60 days from date of adoption unless
sooner repealed or susequently reenacted by the City Commission
of the City of Sanford, Florida.
PASSED AND ADOPTED this 28th day of June ,
A.D., 1982.
ATTEST: ~~
' - MAYOR
C E R T I F I C A T E
I, H. N. Tamm, Jr., City Clerk of the City of San-
ford, Florida, do hereby certify that a true and correct copy
of the foregoing Ordinance No. 1607, PASSED and ADOPTED by
the City Commission of the City of Sanford, Florida, on the
28th day of June, 1982, was POSTED at the front door of the
City Hall in the City of Sanford, Florida, on the 29th day
of June, 1982.
~the City~lerk of~
City of Sanford, Florida