Except as the context otherwise requires, the following words shall have the definitions as set forth hereafter:

CHURCH — A religious institution, including temple, synagogue, mosque, cathedral, church building or other structure at which nonprofit religious services and activities are regularly conducted and carried on.

PARK OR RECREATION AREA — Any public or private land reserved or dedicated to use as a park or for recreation purposes, whether passive or active.

PRIMARY BUSINESS — Any business which derives 51% or more of its gross annual income from, or utilizes 51% or more of its gross floor space for, activities described in this article.

RESIDENTIAL — The land use area designated for single-family homes, duplexes, triplexes, multifamily housing, condominiums and mobile homes containing habitable rooms for nontransient occupancy. Hotels, motels, boardinghouses or other purely transient facilities shall not be considered "residential."

SCHOOL — A public or private organization of pupils for instruction in art, music, dance and/or other academic subjects, including but not limited to nursery schools, child day-care centers, prekindergarten, kindergarten, elementary, secondary or middle schools, high schools, church schools or community colleges.

SEXUALLY ORIENTED BUSINESS — Any use whose primary business or significant portion of its trade consists of books, magazines, newspapers, periodicals or other printed matter; paintings, drawings, photographic material, video disks, slides, computer disks, tapes, programs or other graphic media; audio tapes, recordings, disks, telephone "sex talks" or recorded messages; or live entertainment (not protected by the constitution) which is characterized by its emphasis on matter depicting, illustrating, describing or relating to specified sexual activities or on specified anatomical areas or which employs personnel who in the course of their duties exhibit specified anatomical areas as defined in this section. It may include, among others:

A.

ARCADE — Any public place where coin-operated or token-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed depict specified sexual activities or specified anatomical areas.

B.

BOOKSTORE or VIDEO STORE — Any commercial establishment which, as its primary business or as a significant portion of its business, offers for sale or rental, for any form of consideration, any books, magazines, newspapers, periodicals or other printed matter; paintings, drawings, photographic material, films, motion pictures, video cassettes, video discs, slides, computer discs, tapes, programs or other graphic media; or audio tapes, recordings, discs, telephone "sex talks" or recorded messages which are characterized by their emphasis on matters depicting, illustrating, describing or relating to specified sexual activities or on specified anatomical areas.

C.

RESTAURANT or BAR — As defined in § 102-10, a club or business establishment which presents as a significant portion of its business:

D.

Persons who exhibit specified anatomical areas.

E.

Live performances which are characterized by specified sexual activities or specified anatomical areas.

F.

MOTEL — A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and, as a significant portion of its business, provides patrons with access to material depicting specified sexual activities or specified anatomical areas.

G.

THEATER — A motion-picture theater, theater, concert hall, auditorium or commercial establishment which, as a significant portion of its business, exhibits films, motion pictures, video cassettes, live performances, plays or performances that feature specified sexual activities or specified anatomical areas.

H.

NUDE STUDIO — Any place of business which, as a significant portion of its business, permits a person to appear nude for the purpose of being sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

I.

SEXUAL ENCOUNTER CENTER — A commercial enterprise that, as its primary business or as a significant portion of its business, offers or exhibits physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons appears in such a state that specified anatomical areas are visible.

J.

LINGERIE MODELING ESTABLISHMENT — A commercial enterprise that, as its primary business or as a significant portion of its business, offers or exhibits for sale articles of clothing, lingerie, underwear or devices worn or modeled by persons appearing in a manner in which specified anatomical areas are visible to the customer or charges a fee for viewing such persons by the customer.

SIGNIFICANT PORTION OF ITS BUSINESS — Any multiple-line business which derives 20% or more of its gross annual revenue from, or devotes 20% or more of its gross floor area to, specified activities described in this article.

SPECIFIED ANATOMICAL AREAS — Those areas of the male or female body depicting the pubic or genital or anal area without opaque covering of the sex organs or the cleavage of the anus. It shall also mean those areas of the female breast below the top of the areola. It shall not mean the area between the breasts, above, below or to the sides of the breast.

SPECIFIED SEXUAL ACTIVITIES — Acts of sexual intercourse, whether oral, anal or vaginal, between men, between women, between men and women, between man and beast or between woman and beast, and acts of masochism, sadism or masturbation.

(Added 4-4-1994 by Ord. No. 94-1)

A.

A sexually oriented business may be located in any of the following land use district categories:

(1)

Residential/Office/Retail (ROR).

(2)

Commercial General (CG).

B.

Distance requirements.

(1)

The location of a sexually oriented business shall be subject to the following limitations:

(a)

The permitted land use categories ROR and CG shall be restricted to those abutting Indian Rocks Road and West Bay Drive only.

(b)

No sexually oriented business may be located within 1,000 feet of another sexually oriented business.

(c)

No sexually oriented business shall be located within 100 feet of any church, school, park or recreation area or within 100 feet of any of the following land use district categories:

[1]

Residential Low District.

[2]

Residential Urban District.

[3]

Residential Medium District.

[4]

Residential High District.

[5]

Residential/Office General District.

[6]

Recreation/Open Space District.

[7]

Institutional District.

(2)

The required distance separations stated herein shall not be subject to a variance.

(3)

The distance requirements shall be measured from the property line of the sexually oriented business to the property line of the church, school, park area, recreation area, other sexually oriented business or land use area defined in Subsection B(1)(c)[1] through [7] above. The distance shall be measured in a straight line between the nearest point on said property lines. In the case of a sexually oriented business located in a multi-use building or structure, the distance shall be measured from the closest portion of the building or structure utilized for such sexually oriented business.

A.

No sexually oriented business, as defined in this article, shall be allowed to commence or continue to operate without first obtaining a valid sexually oriented business permit. Any person desiring to locate, operate or continue operation of any sexually oriented business shall be required to obtain a permit from the city before the establishment or commencement or continuation of such business. Sexually oriented businesses which have been established or have commenced business at their existing locations prior to the effective date of this article shall be required to obtain a sexually oriented business permit from the city within 90 days of the effective date of this article.

B.

A fee as determined by resolution shall be charged for each sexually oriented business use permit application, which fee shall be separate and distinct from business licenses, occupational licenses or other building licenses or fees. An amount, as determined by resolution, shall be deducted from each fee as designated administration costs and shall not be refundable in the event of the rejection of the application.

C.

Permit applications.

(1)

Applications for a permit to operate a sexually oriented business shall be submitted to the city, together with the appropriate application fee, by the owner of the business on forms supplied by the City Clerk. The applicant shall be required to furnish the following information:

(a)

Name of applicant.

[1]

If the applicant is an individual, his legal name as well as any and all aliases.

[2]

If the applicant is a partnership, the full name of all partners, whether general or limited, as well as any and all aliases of the partners.

[3]

If the applicant is a corporation, the exact corporate name and state of incorporation, and the names and aliases of all officers, directors and stockholders.

(b)

The name under which the business is to be operated and a general description of the services or goods to be provided.

(c)

The telephone number of the business.

(d)

The address and legal description of the property occupied or proposed to be occupied by the business, including the property boundaries.

(e)

If the applicant is not the record owner of the subject parcel, the applicant must include a letter, signed by the record owner, and notarized, stating that the applicant is authorized to seek a sexually oriented business permit for the premises.

(f)

A map showing the known locations of churches, schools, parks and recreation areas within 100 feet of the proposed location and showing all known locations of other sexually oriented business within 1,000 feet of the proposed location for which the permit is being sought.

(g)

The application must be accompanied by a plan or diagram showing the configuration of the premises, including a statement of the total floor space to be occupied by the sexually oriented business in relation to the total floor space. The plan or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(h)

If the applicant's proposed permit is for an already established sexually oriented business area, the date of commencement of operation as such use.

(i)

Disclosure of any criminal convictions within the previous five years of the owner, manager, clerk or operator, partner, officer, director or stockholder, as defined in Subsection C(1)(a) above.

(2)

Upon receipt of a completed application, the City shall cause the following measurements to be made:

(a)

The distance between the lot lines of the sexually oriented business property and the nearest lot line of the nearest church, school, park area, recreation area, other sexually oriented business or land use area defined in § 102-174.

(b)

The total floor space occupied by the sexually oriented aspect of the business in relation to the total floor area of the business.

(3)

The city shall have a check made by law enforcement officials for any convictions within the previous five years of any owner, manager, clerk or operator, partner, officer, director, or stockholder of the applicant for any of the following crimes:

(a)

Sexual battery, F.S. § 794.011 et seq.

(b)

Prostitution, F.S. § 796 et seq.

(c)

Lewdness, F.S. § 800.02 et seq.

(d)

Sexual abuse of a child, F.S. § 415.513 et seq.

(e)

Incest, F.S. § 826.04.

(f)

Disorderly conduct ordinances.

(g)

Indecent behavior.

(4)

No permit shall be issued if any owner, manager, clerk, operator, partner, officer, director or stockholder of the applicant has been convicted within the previous five years of any of the crimes outlined in Subsection C(3).

(5)

The inspection and the review of the application as stated herein shall be completed and the city shall issue within 30 days a certificate of compliance or a certificate of noncompliance.

(a)

Certificate of compliance. If, after the inspection and review of this application by the city, the use is found to conform to the distance requirements stated herein, and the applicant is found to qualify under the criminal conviction standard and all other standards herein, a permit shall be issued.

(b)

Certificate of noncompliance. If the inspection of the premises discloses that it is within 100 feet of a church, school, park or recreation area or specified land use district or within 1,000 feet of another sexually oriented business, the applicant shall be notified of the noncompliance of the proposed or existing site and the violations found, and the application shall be denied.

(c)

If the review discloses that the application fails for any violation of fire, building or health codes, the certificate of noncompliance will state these causes and itemize them in the notice of noncompliance. If a notice of noncompliance is issued, the applicant may reapply.

(d)

In the event that the city is processing two or more applications for permits to operate a sexually oriented business and the applications, or inspections, disclose that the distance requirements outlined in this article will not be met if both permits are issued, the application that was submitted at the earliest date will be processed for a permit. The conflicting applicant(s) shall be notified of the violation of the distance requirement in the certificate of noncompliance. The notification shall indicate the processing of a prior application as the reason for such noncompliance. If a prior applicant fails to receive a permit to operate a sexually oriented business for any reason, then an applicant that has received a certificate of noncompliance due to the distance requirements between such businesses may resubmit an application and use the original submission date as the date of submission for the purposes of establishing priority.

D.

Transfer of permit. Permits issued by the city may be transferred with the approval of the city by the business for which they were taken out, except as otherwise provided by law, when there is a bona fide sale and transfer of the property used and employed in the business and of the stock-in-trade, and not otherwise; subject, however, to the following conditions:

(1)

The seller of the business shall present the permit to the city within 30 days after such sale, with an endorsement on the reverse side thereof, assigning all right, title and interest to the purchaser.

(2)

The purchaser shall produce a properly executed instrument showing the transfer of stock of goods and of the lease or deed to the property.

(3)

The purchaser shall file an application for transfer of a permit and shall qualify in all respects as provided by law and by the ordinances of the city as an applicant for a permit, as if he had applied for the permit in the first instance.

(4)

Payment of a transfer fee in the amount of $3.00 shall be made to the city.

(5)

If the above conditions are not complied with, then a permit fee in the full amount as herein provided shall be payable.

(6)

Any permit may be transferred from one location to another location within the city upon written request and presentation of the original occupational license and upon payment of a transfer fee in the amount of $3.00. Such transfers shall be accomplished only if the new location meets all land use and other criteria established under this code and under Florida Statutes, and only after completion of any necessary building and fire inspections.

E.

Revocation of permit. The City of Belleair Bluffs shall have the authority to revoke a permit for one or more of the following reasons:

(1)

The owner or operator of the permitted business knowingly allowed a person under the age of 21 years to be an employee of the sexually oriented business or should have known after reasonable inquiry that employee was under the age of 21 years.

(2)

The owner of the permitted business knowingly gave false, fraudulent, or untruthful information on the application for such a permit.

(3)

The conviction of the owner, manager, clerk or operator, partner, officer, director, or stockholder of any criminal violation related to the operation of the sexually oriented business.

(Amended 3-17-2025 by Ord. No. 2025-01, § 1)

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

The annual application fee for a sexually oriented business permit shall be as established by subsequent resolution of the City Commission.

A.

Enforcement of this article shall be as defined in § 102-171 of this chapter.

B.

Any person who objects to a finding or action under this section by an administrative officer of the City of Belleair Bluffs may immediately appeal to a court of competent jurisdiction or appeal such finding to the Board of Adjustment as provided in article IV of this chapter. The written notice of appeal shall be submitted within seven days of the official notification by the city of its finding. The Board of Adjustment shall promptly consider the appeal and shall issue its finding within 45 days after receipt of the written notice of appeal.

C.

The Board of Adjustment shall limit its review to the provisions of § 102-14(B)(1)(a) and shall not consider variances nor conditional uses.

D.

By virtue that this article has been adopted to implement the goals of the City of Belleair Bluffs' Land Use Plan, no variances shall be permitted under terms of this article.

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

If any provision, section, subsection, sentence, clause or phrase of this article or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this article or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Commission in adopting this article that no portion hereof or provision or regulation contained herein shall become inoperative or fall by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this article are declared to be severable for that purpose.

Any person or persons, firm or corporation or association of persons who shall violate or fail to comply with any of the terms or provisions of this article shall, upon conviction, be punished as provided by § 102-171 of the Belleair Bluffs code of Ordinances. Each day that a violation occurs shall constitute a separate offense.