This article may be known and cited as the Adult Entertainment Code.

(Code 1979, § 14-231)

Based on evidence and testimony presented at public hearings before the board of county commissioners and on the findings incorporated in the Jacksonville Ordinance Code, Chapter 410, Ord. 77-257-256, § 1, the Orange County Ordinance 96-34, testimony before the Macon, Georgia City Council on March 9, 1993, and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the division of planning, department of metropolitan development, Indianapolis, January 1984, the board of county commissioners hereby finds:

(1)

Establishments exist or may exist within the county where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold.

(2)

Establishments exist or may exist within the county:

a.

Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b.

Where dancers, entertainers, performers or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical area; or

c.

Where straddle dancing or private modeling occurs.

(3)

Establishments exist or may exist within the county and surrounding counties where sexually oriented services are offered for commercial or pecuniary gain in the form of commercial physical contact or escort services. The employees of such sexually oriented businesses engage in physical contact or touching with customers, including acts of prostitution, or encourage or entice customers to engage in acts of lewdness.

(4)

The activities described in subsections (1), (2) and (3) occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by the county in the interest of the health, safety, morals and general welfare of the people of the county.

(5)

When the activities described in subsections (1), (2) and (3) are present in establishments within the county, other activities which are illegal, immoral or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons or property.

(6)

When the activities described in subsections (1), (2) and (3) are present in establishments within the county, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote crime, particularly the kinds detailed in subsection (5), and ultimately lead residents and businesses to move to other locations.

(7)

The establishments in which the activities described in subsections (1), (2) and (3) occur are usually constructed, in part or in whole, of substandard materials, and are usually maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior appearance and/or signage which depreciates the value of adjoining real property and otherwise contributes to urban decline.

(8)

The activities described in subsections (1), (2) and (3) frequently occur in establishments concurrent with the sale and consumption of alcoholic beverages.

(9)

The occurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (1), (2) and (3) leads to an increase in criminal activity, moral degradation and disturbances of the peace and order of the county.

(10)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (1), (2) and (3) is hazardous to the health and safety of those persons in attendance, depreciates the value of adjoining real property, harms the economic welfare of the county and adversely affects the public's interest in the quality of life, tone of commerce, and community environment in the county.

(11)

In order to preserve and safeguard the health, safety, morals and general welfare of the county, it is necessary and advisable for the county to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (1), (2) and (3) occur.

(12)

Workers of establishments at which the activities described in subsections (1), (2) and (3) occur engage in a higher incidence of certain types of criminal behavior than workers of other establishments, including prostitution and lewdness in violation of F.S. ch. 796, operating without a business tax receipt and operating unlicensed massage parlors and cosmetology businesses.

(13)

Physical contact within establishments at which the activities described in subsections (1), (2) and (3) occur between workers exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases.

(14)

In order to preserve and safeguard the health, safety, morals and general welfare of the people of the county, it is necessary and advisable for the county to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described in subsections (1), (2) and (3) occur.

(15)

The potential dangers to the health, safety, morals and general welfare of the people of the county posed by permitting an establishment at which the activities described in subsections (1), (2) and (3) occur to operate without first obtaining a license under this chapter are so great as to require the licensure of such establishments prior to their being permitted to operate.

(16)

Requiring licensees of establishments at which the activities described in subsections (1), (2) and (3) occur to keep a list of information concerning current workers and certain past workers 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.

(17)

Prohibiting estabishments at which the activities described in subsections (1), (2) and (3) occur from operating within set distances of educational institutions, religious institutions, areas zoned for residential use, and parks, at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments.

(18)

Straddle dancing does not contain any element of communication, and is therefore conduct rather than expression.

(19)

Straddle dancing in establishments poses a threat to the health of the participants and promotes the spread of communicable and social diseases.

(20)

Physical contact or touching between employees or workers of sexually oriented businesses and customers poses a threat to the health of both, and promotes the spread of communicable and sexually transmissable diseases.

(21)

The practice of not paying workers at sexually oriented businesses and requiring them to earn their entire income from tips or gratuities from customers who are predisposed to desire or want sexual activity has resulted in a high incidence of prostitution and crimes related to lewdness.

(22)

Sexually oriented businesses involve activities that are pure conduct engaged in for the purpose of making a profit, rather than speech or expressive activity, and therefore are subject to and require increased regulation to protect the health, welfare and safety of the community.

(23)

Requiring sexually oriented businesses to maintain worker records will discourage incidents of criminal behavior such as lewdness and prostitution, thereby further safeguarding the health of both employees and customers and assisting in the facilitation of the identification of potential witnesses or suspects if criminal acts occur.

(Ord. No. 97-16, § 1, 5-27-97; Ord. No. 2007-53, § 3, 10-9-07)

For the purpose of this article, the following words and phrases shall have the meaning set forth in this section, unless it is clear from the context that a different meaning is intended:

Adult arcade means an establishment where, for any form of consideration, one or more motion projectors, slide projectors, videotape or playback and viewing devices, or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by emphasis on the depiction or description of specified sexual activities or specified anatomical areas. For the purpose of this article, adult arcade is included within the definition of adult motion picture theater.

Adult bookstore means an establishment which sells, leases or rents adult material for any form of consideration, unless the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods or services at the establishment or the individual items of adult material offered for sale or rental comprise less than 15 percent of the individual items publicly displayed at the establishment as stock in trade. It is an affirmative defense to an alleged violation of this article regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods or services at the establishment, or the individual items of adult material offered for sale or rental comprise less than 15 percent of the individual items publicly displayed at the establishment as stock in trade.

Adult booth means a small enclosure within an adult entertainment establishment accessible to any person, regardless of whether a fee is charged for access, for the purpose of viewing adult materials. The term "adult booth" does not include a hallway or foyer used primarily to enter or exit the establishment or its restrooms. However, only one person shall be allowed to occupy a booth at any time.

Adult dancing establishment means a commercial establishment that permits, suffers or allows dancers to display or expose specified anatomical areas. Any establishment on whose premises any employee displays or exposes specified anatomical areas shall be deemed an adult dancing establishment and shall be required to obtain a license under this article.

Adult entertainment establishment means an adult motion picture theater, a leisure spa establishment, an adult bookstore or an adult dancing establishment.

Adult materials means any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slide or other visual representations or recordings, novelties and devices, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel means any hotel or motel, boardinghouse, roominghouse or other lodging which includes the word "adult" in any name it uses, and otherwise advertises outside the individual rooms the presentation of film, video or any other visual material or methods which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof. For the purposes of this article, an adult motel is included within the definition of adult motion picture theater.

Adult motion picture theater means an enclosed building or a portion or part of an enclosed building, or an open air theater designed to permit viewing by patrons seated in automobiles or other seating provisions, for presenting, for any form of consideration, film, video or any other visual material or method which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof, and includes any hotel or motel, boardinghouse, roominghouse or other lodging for any form of consideration which advertises the presentation of such film material. For the purposes of this article, an adult motion picture theater includes an adult arcade, an adult motel and an adult motion picture booth.

Alcoholic beverage means all beverages containing more than one percent of alcohol by weight, including beer and wine.

Board means the board of county commissioners.

Conviction means a determination of guilt resulting from a plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

Employee means a person who works or performs in a commercial establishment, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises.

Establishment means the site, physical plant or premises, or portion thereof, upon which certain activities or operations are being conducted for commercial or pecuniary gain. Applicability of the term "operated for commercial or pecuniary gain" shall not depend upon actual profit or loss, and shall be presumed where the establishment has a business tax receipt.

Inspector means an employee of the county environmental health services division, the county building code compliance division, the county sheriff's department, the county planning and zoning division or the county public safety department, or the successors of each division and department, who shall inspect premises licensed under this article and who are authorized to take or require the actions authorized by this article in case of violations being found on licensed premises, and also to inspect premises seeking to be licensed under this article and to require corrections of unsatisfactory conditions found on the premises.

Leisure spa establishment means a site or premises, or portion thereof, upon which any person performs any of the treatments, techniques or methods of treatment referred to in the definition of the term "leisure spa service" in this section, or where such treatments or techniques are administered, practiced, used, given or applied, but shall not include the following: licensed health care facilities; licensed physicians or nurses engaged in the practice of their professions; educational or professional athletic facilities, if a leisure spa is a normal and usual practice in such facilities; or establishments exempted under F.S. ch. 480 or F.S. ch. 400.

Leisure spa patron means any person who receives, or pays to receive, a leisure spa or leisure spa service from a leisure spa technician for value.

Leisure spa service means any method of treating the external parts of the body, consisting of touching, rubbing, stroking, kneading, tapping or vibrating, with such treatments being performed by the hand or with any other body part or by any mechanical or electrical instrument.

Leisure spa technician means any person who engages in the business of performing leisure spa services or leisure spa treatments, techniques or methods of treatment referred to in the definition of the term "leisure spa service" in this section.

Licensed premises means not only rooms and areas where adult materials regulated under this article or adult activities regulated by this article are sold, rented, leased, offered, presented or stored, or where any form of adult entertainment is presented, but also all other areas within 500 feet of the room or area where adult materials or adult activities are regulated and over which the licensee has some dominion and control and to which customers or patrons may pass, and shall include all of the floor or land areas embraced within the plan appearing on or attached to the application for the license involved and designated as such on the plan.

Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations or entities.

Personal advertising means any communication on the part of any employee of an adult entertainment establishment that is designed to encourage a prospective patron to enter such establishment and is performed by repeatedly speaking in a raised tone of voice, by making prominent physical gestures, such as waving or repeatedly pointing, or by holding signs or other written statements. Personal advertising shall not include oral or physical references to an adult entertainment establishment by patrons or spectators.

Premises means a physical plant or location which is enclosed by walls or any other enclosing structural device or which is covered by a single roof, and shall include any structure, structures or land, or contiguous structures or land within 500 feet of the physical plant or location where such structures or land and the physical plant or location are under common ownership, control or possession.

Religious institution means a building which is used primarily for religious worship and related religious activities.

School means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by F.S. ch. 233. This definition includes a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. This definition of the term "school" shall also include any educational facility at which minor children reside in conjunction with their educational experience, including but not limited to U.S. Space Camp.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region.

b.

The human cleavage of the human buttocks.

c.

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the collared ring around the nipple). This definition shall include the entire lower portion of the breast, but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified criminal act means a violation of this article; an offense under F.S. ch. 794 (sexual battery) or F.S. ch. 826 (bigamy, incest), F.S. ch. 800 (lewdness, indecent exposure); an offense under F.S. §§ 806.01, 806.10, 806.111 or 806.13(2) (arson and criminal mischief); an offense under F.S. ch. 796 (prostitution); an offense under F.S. §§ 847.013, 847.0133, 847.0135, or 847.014 (obscenity); an offense under F.S.§ 877.03 (breach of the peace); an offense under F.S. § 893.13 (possession or sale of controlled substances); or an offense under F.S. § 849.09(2), 849.10 or 849.25(3) (gambling); or violation of laws or ordinances of another county or a city or state or the federal government analogous to such statutes or successor statutes to such statutes.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence.

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Straddle dance, also known as a lap dance or face dance, means the use by an employee, whether clothed or not, of any part of his body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron while on the premises, or the placing of the genital or pubic area of an employee in contact with the face of a patron, while on the premises.

Violation of this article means an act prohibited by any provision of this article as found by a jury of other trier of fact. Each violation occurring shall be considered a separate and distinct violation from any other occurring on the same day or in the same establishment or by the same person.

(Code 1979, §§ 14-235, 14-298; Ord. No. 97-16, § 3, 5-27-97; Ord. No. 01-53, § 1, 9-11-01; Ord. No. 05-52, § 1, 11-1-05; Ord. No. 2007-003, § 26, 2-20-07)

Cross reference— Definitions generally, § 1-2.

(a)

The board of county commissioners may bring suit to restrain, enjoin or otherwise prevent the violation of the article.

(b)

Any person who violates this article shall be guilty of an offense and punished according to general law (F.S. § 125.69), and additionally shall be subject to suspension of a license or permit as provided in this article.

(Code 1979, § 14-289; Ord. No. 01-53, § 2, 9-11-01)

If any portion, clause, phrase, sentence or classification of this article is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, such declaration shall not be construed to affect other portions of this article. It is hereby declared to be the express intent of the board of county commissioners that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this article did not induce its passage and that, without the inclusion of any such portion or portions of this article, the board would have enacted the valid constitutional portions thereof.

(Code 1979, §§ 14-234, 14-297)

This article shall be liberally construed to accomplish its purpose of licensing, regulating, regulation the location of and dispersing adult entertainment and related activities. Unless otherwise indicated, all provisions of this article shall apply equally to all persons, regardless of sex. The words "he," "his" and "him" as employed in this article shall be construed to apply to females as well as to males.

(Code 1979, §§ 14-233, 14-296)

This article is enacted under the power and authority of the county, in the interest of the public health, peace, safety and general welfare of the citizens and inhabitants of the county, to regulate the sale and consumption of alcoholic beverages.

(Code 1979, §§ 14-228, 14-291)

Nothing in this article shall be construed to allow or permit conduct prohibited by F.S. ch. 847 (obscenity) and its amendments or successor statutes. These matters are preempted to the state and are subject to state regulation. It is not the intent of the board of county commissioners to legislate with respect to preempted matters.

(Code 1979, §§ 14-232, 14-259, 14-295)

This article shall be effective throughout the unincorporated areas of the county.

(Code 1979, §§ 14-229, 14-292)

The intent of the board of county commissioners in adopting this article is to establish reasonable and uniform regulations that will reduce the adverse effects adult entertainment businesses have upon the county, to regulate the location of all adult entertainment establishments within the unincorporated area of the county, and to protect the health, safety, morals and welfare of the citizens and inhabitants of the county.

(Code 1979, §§ 14-230, 14-293)

The following shall be presumed in actions brought for violations of this article:

(1)

Any establishment which has received a business tax receipt to operate commercially is presumed to be an establishment.

(2)

A person who operates or maintains an adult establishment is presumed to be aware of the activities which are conducted in such establishment.

(Code 1979, § 14-287; Ord. No. 2007-53, § 4, 10-9-07)

(a)

In all actions, civil or criminal, for violation of this article, testimonial evidence that a beverage was an alcoholic beverage, beer or wine may be offered by any person who, by experience in the past in handling or using alcoholic beverages, beer or wine, or who by taste, smell or drinking of such liquids, has knowledge of the presence of the alcoholic content thereof or the intoxicating effect thereof.

(b)

The presence of alcoholic content of any beverage, beer or wine may be shown by hydrometer or gravity test made in or away from the presence of the fact finder by any person who has knowledge of the use of the instrument, but the production of such evidence is optional.

(Code 1979, § 14-288)

Ultimate responsibility for the administration of this article is vested in the board of county commissioners. The county sheriff is responsible for verifying information contained on an application. The county building code compliance division is responsible for the inspection of licensed premises and premises applying for a license in order to pass upon the construction and physical configuration of the premises involved. The county public safety department is responsible for the inspection of licensed premises and premises applying for a license to ascertain compliance with all fire prevention codes, statutes or ordinances in effect in the county. The county environmental health services division is responsible for the inspection of licensed premises and premises applying for a license to ascertain compliance with state and county health codes and regulations. The county planning and zoning division is responsible for ascertaining compliance with all locational requirements of this article and all applicable land use and zoning regulations. The code compliance department shall be responsible for the issuance of all licenses referenced under this article.

(Code 1979, §§ 14-236, 14-300(a); Ord. No. 97-16, § 4, 5-27-97)

When a provision of this article gives the county sheriff, the county environmental health services division, the county code compliance division, the county planning and zoning division, the county public safety department, or the code compliance department the authority or duty to act, the authority or duty vests in the county sheriff, the director of the county environmental health services division, the director of the county building code compliance division, the director of the county planning and zoning division or the chief of the county public safety department or the director of the code compliance department (or the head of the successor agency, department, etc., who fulfills the functions set out in this article), or in any inspector or employee who is given the authority or duty to act in accordance with the administrative procedures of the agency or office concerned.

(Code 1979, §§ 14-237, 14-300(b); Ord. No. 97-16, § 5, 5-27-97)

It shall be unlawful for a licensee, owner, employee or independent contractor to permit, suffer or allow violations of this article or illegal acts to take place on premises licensed under this article, if the licensee or employee knows or has reason to know that such violations or illegal acts are taking place.

(Code 1979, § 14-261)

In addition to the special requirements contained in divisions 4, 5, 6 and 7 of this article, each premises licensed under this article shall:

(1)

Conform to all applicable building statutes, codes or ordinances, whether federal, state or local.

(2)

Conform to all applicable fire statutes, codes or ordinances, whether federal, state or local.

(3)

Conform to all applicable health statutes, codes or ordinances, whether federal, state or local.

(4)

Have each and every glass area that faces a public thoroughfare or through which casual passersby can see the materials or activity inside the licensed premises covered over by black paint or other opaque covering; provided that this requirement shall not apply if the uncovered glass area exposes to public view only a lobby or anteroom containing no material or activities of an adult nature. Such lobby or anteroom may contain a reception center or desk and chairs or couches for customers to use while waiting.

(5)

Conform to the requirements of F.S. ch. 381 and the rules and regulations of the state department of health and rehabilitative services made pursuant thereto. Each licensed premises shall be deemed to be a place serving the public for the purpose of sanitary facilities.

(6)

Conform to the following sanitary facilities requirements:

a.

Water supply. The water supply must be adequate, of safe, sanitary quality and from an approved source in accordance with provisions of rule 62-555 F.A.C.

b.

Restrooms. All licensed establishments shall be provided with adequate and conveniently located toilet facilities for the establishment's employees and patrons in accordance with the provisions of F.A.C. chs. 64E-10. All toilet facilities must be of readily cleanable design and be kept clean, in good repair and free from objectionable odors. Restrooms must be vented to the outside of any building, be equipped with mechanical exhaust systems and be well lighted. Floors shall be of impervious, easily cleanable materials. Walls shall be smooth, nonabsorbent and easily cleanable. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Toilet rooms shall be completely enclosed and shall have tight fitting self-closing doors. Such doors shall not be left open except during cleaning or maintenance. Toilet rooms shall not open directly into food service or preparation areas (beverage is considered a food). Hand washing signs shall be posted in each toilet room used by employees.

(Code 1979, § 14-252; Ord. No. 01-53, § 3, 9-11-01)

(a)

This section may be known and cited as the Adult Entertainment Locational Ordinance Code.

(b)

Notwithstanding any other provision of this article or any provision of article VI of this chapter, no person shall cause or permit the establishment or operation of any adult entertainment establishment:

(1)

Within 1,500 feet from any other adult entertainment establishment;

(2)

Within 1,500 feet from any preexisting religious institution, school or day care center;

(3)

Within 1,500 feet from any area zoned for residential use within the county; or

(4)

From the south city limits of the city of Titusville, south on U.S. Highway 1 to King's Highway, and from a point on the westerly border of the Kennedy Space Center west along State Road 405 to Windover Way. This exclusion is justified by the unique and historical significance of this area as the entranceway to the space center, where every year thousands of families with minor children visit and travel.

(c)

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. The distance between any adult entertainment establishment and any religious institution or school shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution or school. The distance between any adult entertainment establishment and an area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the nearest boundary of the area zoned for residential use.

(d)

An adult entertainment establishment shall be allowed only in the following land use classifications:

(1)

General retail land use classification (BU-1);

(2)

Retail warehousing and wholesale business land use classification (BU-2);

(3)

Light industrial land use classification (IU);

(4)

Heavy industrial land use classification (IU-1);

(5)

TU-1, tourism use land use classification; and

(6)

PIP, planned industrial park land use classification.

(e)

Nonconforming uses. The distance and dispersal requirements of this section shall not apply to adult entertainment establishments existing and operating on the effective date of the ordinance from which this article is derived, but such establishments shall be deemed nonconforming. If any such nonconforming adult entertainment establishment voluntarily ceases to do business for a period of 180 consecutive days, then it shall be deemed abandoned and thereafter shall not reopen except in conformance with these distance and dispersal standards. However, no adult entertainment establishment shall expand the square footage or cubic footage of the establishment beyond its current dimensions.

(Code 1979, §§ 14-294, 14-299; Ord. No. 97-16, § 6, 5-27-97)

No establishment regulated under this article shall:

(1)

Display a sign advertising the presentation of any activity prohibited by a state statute, an ordinance of the county or any applicable municipal ordinance;

(2)

Erect, install, maintain, alter or operate any sign in violation of this Code;

(3)

Engage in, encourage or permit any form of personal advertising for the commercial benefit of the establishment or for the commercial benefit of any individual who displays or exhibits specified anatomical areas within the establishment; or

(4)

Display any sign for the regulated establishment other than one 'primary sign' and one 'secondary sign,' as provided herein.

a.

Primary signs shall have no more than two display surfaces. Each such display surface shall:

1.

Not contain any flashing lights;

2.

Be a flat plane, rectangular in shape;

3.

Not exceed 75 square feet in area; and

4.

Not exceed ten feet in height or ten feet in length.

b.

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only:

1.

The name of the regulated establishment and/or

2.

One or more of the following phrases:

i.

Adult bookstore.

ii.

Adult movie theater.

iii.

Adult cabaret.

iv.

Adult lounge.

v.

Adult novelties.

vi.

Adult entertainment.

3.

Primary signs for adult movie theaters may contain the additional phrase, 'Movie Titles Posted on Premises.'

c.

Each letter forming a word on a primary sign shall be of a solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

d.

Secondary signs shall have only one display surface. Such display surface shall:

1.

Be a flat plane, rectangular in shape;

2.

Not exceed 20 square feet in area;

3.

Not exceed five feet in height and four in width; and

4.

Be affixed or attached to any wall or door of the establishment.

e.

The provisions of item 1. of subsection a. and subsections b. and c. shall also apply to secondary signs.

f.

These regulations are in addition to the provisions of the Sign Ordinance, chapter 62, article IX. Where there is a conflict, the more restrictive shall apply.

(Code 1979, § 14-253; Ord. No. 01-53, § 4, 9-11-01)

(a)

The entrance to any adult entertainment establishment shall be designed in such a manner that no person outside the building or property can see the materials or depictions of specified anatomical areas or specified sexual activities offered to patrons within the adult establishment.

(b)

Immediately inside the entrance of any adult entertainment establishment there shall be posted a well-lighted sign which shall read as follows:

NOTICE
THIS ESTABLISHMENT OFFERS MATERIAL OR ENTERTAINMENT HAVING SEXUAL CONTENT. SUCH MATERIALS OR ENTERTAINMENT ARE FOR ADULTS ONLY. IF THIS OR NUDITY WOULD OFFEND YOU, DO NOT ENTER.

Such sign shall be clear and legible, and the text thereof shall be set forth in letters of uniform size having a height of not less than one inch and not more than two inches.

(Code 1979, § 14-254)

The human genitals or pubic region, the areola of the female breast, and the cleavage of the human buttocks shall not be displayed or exposed on premises licensed under this article where alcoholic beverages are sold, dispensed, permitted or consumed, except in connection with excretory functions. It shall be unlawful for any employee to exhibit specified anatomical areas while selling or dispensing any form of food or beverage.

(Code 1979, § 14-258)

It shall be unlawful for a licensee under this article to admit or to permit the admission of minors within the licensed premises.

(Code 1979, § 14-259)

It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any minor, any service, material or device on the premises of any adult bookstore, adult motion picture theater, leisure spa establishment or adult dancing establishment.

(Code 1979, § 14-260)

(a)

No adult bookstore, leisure spa establishment, adult motion picture theater or adult dancing establishment shall be permitted to do business in the county without having first obtained a license as required under this article. Adult entertainment establishments legally in existence and operating on the date that any ordinance amendments are passed by the board are granted permission to file an application for a license under this article or otherwise comply with the amended adult entertainment code not later than 55 days after the date the amendments are passed by the board.

(b)

Adult entertainment establishment licenses referred to in this article shall be one of four separate types of licenses, which are classified as follows:

(1)

Adult bookstore.

(2)

Adult motion picture theatre.

(3)

Leisure spa.

(4)

Adult dancing.

(c)

An adult entertainment establishment shall be limited to one of the four classes of licenses and thereby limited to the one type of activity for which the license is issued. However, a given adult entertainment business operating with a valid business tax receipt at the time of the effective date of the ordinance from which this article is derived shall be allowed to apply for and receive those licenses necessary to operate the types of adult entertainment it offered immediately prior to such effective date, provided it complies with all other requirements of this article.

(Code 1979, § 14-238; Ord. No. 97-16, § 7, 5-27-97; Ord. No. 2007-003, § 27, 2-20-07)

(a)

Noncompliance of premises. No license shall be issued under this article as a result of investigations by the county building code compliance, code enforcement planning and zoning office, environmental health services or public safety department, which determine that the proposed licensed premises do not meet each and every one of the general and special requirements for the type of license applied for as established in divisions 1, 5, 6 and 7 of this article, or if the proposed premises fail to satisfy all applicable building, zoning, health and fire codes, ordinances, statutes or regulations, whether federal, state or local; further, no license shall be issued on false information given in the application for license.

(b)

Prior revocation or suspension of license. No license shall be issued to an applicant where any person listed in sec. 62-4953(a)(1) has had a license under this code suspended or revoked or was an officer or director of a corporation which had such a license suspended or revoked during the previous year.

(c)

Disqualification by law or court order. No license shall be issued when its issuance would violate a statute, ordinance or law, or when an order from a court of law prohibits the applicant from obtaining an adult entertainment or business tax receipt in the county.

(Code 1979, § 14-239; Ord. No. 97-16, § 8, 5-27-97; Ord. No. 01-53, § 5, 9-11-01; Ord. No. 2007-003, § 28, 2-20-07)

(a)

Required information and documents. Any individual, partnership or corporation desiring to engage in the business of operating an adult bookstore, adult motion picture theater or adult dancing establishment shall file an application with the county code compliance department. The application shall contain, at a minimum, the following information, and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, legal name, aliases, and date of birth aliases;

b.

A partnership, the full name of the partnership and the legal names, aliases, and dates of birth used by all general partners, accompanied by, if in existence, a copy of the written partnership agreement; or

c.

A corporation, the exact corporate name, the date of incorporation, and the legal names, aliases, and dates of birth and the capacity of all the officers, directors.

(2)

If the business is to be conducted under a name other than that of the applicant, the business name and the county of registration under F.S. § 865.09 or its successor statute;

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (1) of this section has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the particular criminal act involved and the place of conviction;

(4)

Whether the applicant or any of the other individuals listed pursuant to subsection (1) of this section has had its license under this article previously suspended or revoked, or has been a partner in a partnership or an officer, or director of a corporation whose license under this article has previously been suspended or revoked, including the date of suspension or revocation;

(5)

The classification of the license for which the application is being filed;

(6)

Whether the applicant holds any other adult entertainment establishment licenses, and, if so, the number and locations of such licensed premises;

(7)

The location of the proposed establishment, including a legal description legal street address, and business phone number;

(8)

The names, aliases, and dates of birth of the employees, if known, or, if presently unknown or if there will be no employees, a statement to that effect; and

(9)

A floor plan, drawn to substantially accurate scale, of the proposed licensed premises, indicating the areas to be covered by the license, all windows, doors, entrances and exits, and the fixed structural features of the proposed licensed premises. The term "fixed structural features," for purposes of this subsection, shall include walls, stages, immovable partitions, projection booths, admission booths, concession booths or stands, immovable counters and similar structures that are intended to be permanent.

(10)

If the applicant is not the owner of the real property, both a notarized statement that the owner of the real property has approved of the proposed adult entertainment use, and a copy of the lease or other rental agreement.

(b)

Fee. Each application shall be accompanied by a nonrefundable fee of $200.00 payable at the time the application is filed. If a license is approved, the fee shall be applied to the license fee required for the first year pursuant to section 62-4957.

(Code 1979, § 14-240; Ord. No. 01-53, § 6, 9-11-01)

Upon receipt of an application for a license under this article properly filed with the county code compliance department, and upon payment of the application fee, the county sheriff's department shall verify the information required by section 62-4953(a)(1) through (3). The county environmental health services division, building code compliance division, planning and zoning division and public safety department shall investigate the proposed licensed premises for compliance with this article and all other applicable laws and regulations relating to construction, safety, fire protection, zoning and public health. The investigation shall be concluded within 45 days from the date of the application. Each administrative agency shall state on the application the results and findings of its investigation, recommending either approval or disapproval of the application.

(Code 1979, § 14-241; Ord. No. 97-16, § 9, 5-27-97)

(a)

Approval and issuance. Upon the completion of the investigation of an application for a license under this article by the county sheriff's department, county building code compliance, the county planning and zoning office, the environmental health services, the county public safety department, and county code enforcement shall approve or disapprove the application. If approved, the county code enforcement manager shall notify the applicant within seven days and issue the license upon the payment of appropriate license fee provided in sections 62-4957 and 62-4959.

(b)

Disapproval and denial. The application will be denied in the event that the granting of the application would violate a statute or ordinance, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment license. If the sheriff, environmental health services, building code compliance, the planning and zoning office, code enforcement, or the public safety department recommends disapproval, it shall indicate the reason therefor upon the application, or in a separate writing, and the county code enforcement manager shall deny the application. If the application is disapproved, county code enforcement shall notify the applicant of the disapproval and the reasons therefor within seven days.

(c)

Submission of false information. Notwithstanding any other provision in this article, the county code enforcement manager shall deny any application for a license in which the applicant has supplied false or untrue information.

(d)

Time limit for action on application. The county code enforcement manager shall approve or disapprove all applications within 45 days from the date a completed application has been submitted. All inspections shall be promptly conducted to conform with the time limit for application review. Upon the expiration of 45 days, if the applicant has not been notified that the application has been denied, the applicant shall be permitted to initiate operating the adult entertainment establishment and the license shall be issued and forwarded to the applicant.

(e)

Incorrect or incomplete application. In the event the code enforcement manager determines or learns at any time that the applicant has incorrectly completed an application for a proposed establishment or has not properly completed the application, the code enforcement manager shall promptly notify the applicant of such fact and shall allow the applicant ten days to correct or properly complete the application. The revised application shall then be promptly forwarded to the appropriate department for review. The time period for granting or denying the application shall be stayed during the period in which the applicant is allowed an opportunity to correct or properly complete the application. Upon receipt of the revised application, the review time period shall be extended for ten days (from 45 to 55 days).

(f)

Appeal of denial. Any applicant may appeal the decision to deny a license to the circuit court for the Eighteenth Judicial Circuit by filing a petition for writ of certiorari with the clerk to the circuit court not later than 30 days after the decision. The status quo shall be maintained pending the outcome of judicial review, unless otherwise ordered by a court of law.

(Code 1979, § 14-242; Ord. No. 97-16, § 10, 5-27-97; Ord. No. 01-53, § 7, 9-11-01)

No more than one license shall be issued and in effect for any single adult entertainment establishment within the county, subject to section 62-4951(b). No building, premises, structure or other facility that allows, contains or offers any classification of adult entertainment as defined in section 62-4951 shall allow, contain or offer any other classification of adult entertainment. The licensed premises may be owned by a licensee or may be leased by the licensee from a person not a licensee so long as the lessee who is operating the licensed premises undergoes the equivalent licensing process under this article; provided that a licensee who is a tenant or lessee may not surrender his tenancy or lease to the owner or lessor if by so doing the owner or lessor will take possession, control and operation of the licensed premises and the business licensed under this article, unless the license is transferred as provided in section 62-4960; and further provided that a licensee who is the owner of the licensed premises may not lease or otherwise give up possession, control and operation of the licensed premises and the business licensed under this article to any other individual, partnership or corporation, unless the license is transferred as provided in section 62-4960.

(Code 1979, § 14-243)

(a)

There are hereby levied the following annual license fees under this article:

(1)

Adult bookstore: $200.00

(2)

Leisure Spa establishment: $250.00

(3)

Adult motion picture theaters, as follows:

a.

Having only adult motion picture booths: $25.00 for each booth.

b.

Having only a hall or auditorium: $2.50 for each seat or place.

c.

Designed to permit viewing by patrons seated in automobiles: $1.50 for each speaker or parking space.

d.

Having a combination of any of the facilities in subsections (a)(3)a, (a)(3)b and (a)(3)c of this section: The license fee applicable to each under subsections (a)(3)a, (a)(3)b, and (a)(3)c.

e.

Adult motel: $400.00

(4)

Adult dancing establishment: $250.00.

(b)

The license fees collected under this article are fees paid for the purpose of examination and inspection of licensed premises under this article and the administration thereof, and are declared to be regulatory fees in addition to and not in lieu of the business tax receipts imposed by other sections of this Code. The payment of a license fee under this article shall not relieve any licensee or other person of a liability for and the responsibility of paying a business tax where the business tax is required by other sections of this Code, and for doing such acts and providing such information as may be required by such sections.

(Code 1979, § 14-250; Ord. No. 01-53, § 8, 9-11-01; Ord. No. 2007-003, § 29, 2-20-07)

All licensees licensed under this article shall display their licenses in conspicuous places on their licensed premises, in a clear, transparent cover or frame. The license shall be available for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed.

(Code 1979, § 14-244)

(a)

All licenses issued under this article, except new licenses, shall be annual licenses, which shall be paid for on or before October 1 and shall expire on September 30 of the following year. A licensee beginning business after October 1 and before April 1 may obtain a new license upon application therefor and the payment of the appropriate license fee, and such license shall expire on the following September 30. A licensee beginning business after March 31 and before October 1 may obtain a new license upon application therefor and the payment of one-half of the appropriate license fee required in this division for the annual license, and such license shall expire on September 30 of the same year. The provisions of this subsection shall not affect the provisions of section 62-4960.

(b)

A licensee under this article shall be entitled to a renewal of his annual license from year to year as a matter of course, on or before October 1, by presenting the license for the previous year or satisfactory evidence of its loss or destruction to the county code compliance department and by paying the appropriate license fee. A license that is not renewed by October 1 of each year shall be considered delinquent, and, in addition to the regular license fee, subject to delinquency penalty of ten percent of the license fee for the month of October and an additional penalty of five percent of the license fee for each additional month, or fraction thereof, of delinquency until paid, provided that the total delinquency penalty shall not exceed 25 percent of the license fee. All licenses not renewed within 120 days of September 30 will be revoked by the county code compliance department, unless such license is involved in litigation.

(Code 1979, § 14-245)

When a licensee shall have made a bona fide sale of the business which he is licensed under this article to conduct, he may obtain a transfer of the license issued under this article to the purchaser of the business, but only if, before the transfer, the application of the purchaser shall be approved by the county code compliance department in accordance with the same procedure provided in sections 62-4953, 62-4954 and 62-4955 in the case of issuance of new licenses. Before the issuance of any transfer of license, the transferee shall pay a transfer fee of ten percent of the appropriate annual license fee. Licenses issued under this article shall not be transferable in any other way than provided in this section.

(Code 1979, § 14-246)

(a)

New location. A licensee under this article may move his licensed premises to a new location and operate at the new location upon approval by the county sheriff and the county environmental health services division, building code compliance division, code compliance department and public safety department of the licensee's application for a change of location. The licensee shall submit to the county code compliance department an application for a change of location, accompanied by an application fee of $200.00, at the time the application is filed. The application will contain or have attached to it a plan drawn to a substantially accurate scale of the licensed premises at the new location, indicating the area to be included in the new licensed premises, all windows, doors, entrances and exits, and the fixed structural features of the new licensed premises. The term "fixed structural features," for purposes of this subsection, shall have the same meaning as in section 62-4953(a)(9). Upon approval of the application, there shall be issued to the licensee a license for the new location without the payment of any further fee other than the application fee for a change of location.

(b)

Change of name. No licensee may change the name of the business located at his licensed premises without first giving the county code compliance department 30 days' notice, in writing, of such change and without first making payment to the county code compliance department of a change-of-name fee of $3.00.

(Code 1979, § 14-247)

Editor's note— Ord. No. 01-53, § 8, adopted September 11, 2001, repealed § 62-4962. Formerly, § 62-4962 pertained to records and reports; consent to regulation and derived from Code 1979, § 14-251; Ord. No. 97-16, § 11, adopted May 27, 1997.

(a)

Suspension for illegal transfer. In the event code enforcement learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to section 62-4960, code enforcement shall forthwith notify the licensee of the pending suspension of the license. If the suspension becomes effective, the suspension shall remain in effect until documents which satisfy the requirements of section 62-4960 are filed with code enforcement and a transferred license has been issued.

(b)

Suspension for violation of building, fire, environmental health, or 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, environmental health, or zoning statute, code, ordinance or regulation, whether federal, state, or local, contrary to the respective general requirements of section 62-4915, 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 licensee fails to correct the violation before the expiration of the seven-day period the department shall notify code enforcement, which shall forthwith notify the licensee of pending suspension of the license. If the suspension becomes effective, the suspension shall remain in effect until the department which reported the violation notifies code enforcement in writing that the violation of the provision in question has been corrected.

(c)

Suspension for illegal conduct at establishment.

(1)

Three convictions. In the event three or more violations of specified criminal acts occur at an adult entertainment establishment within a two-year period, and convictions result from at least three of the violations, code enforcement shall, upon receiving evidence of the three convictions, notify the licensee of a pending suspension of the license for a period of 30 days. For the purposes of calculating this two-year period, the two-year period shall be deemed to be those 24 months occurring immediately prior to the violation occurrence date for which the thirty day suspension is sought.

(2)

Additional conviction following suspension. In the event one or more additional violations of any specified criminal act occurs at the same establishment within a period of two years from the date of the last 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 30 days, and a conviction results from one or more of the violations, code enforcement shall, upon receiving evidence of the additional conviction after previous suspension, notify the licensee of a pending suspension of the license for a period of 90 days.

(3)

Additional conviction following two prior suspensions. In the event one or more additional violations of any specified criminal act occurs at the same establishment within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 90 days under subsection (c)(2), but not including any time during which the license was suspended for 90 days, and a conviction results from one or more of the violations, code enforcement shall, upon receiving evidence of the additional conviction after two previous suspensions, notify the licensee of the pending suspension of the license for a period of 180 days.

(d)

Revocation for repeat convictions following three suspensions. In the event one or more additional violations of any specified criminal act occurs at an adult entertainment establishment which has had a license suspended for a period of 180 days pursuant to section 62-4963(c)(3), and the violation occurs within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 180 days, but not including any time during which the license was suspended for 180 days, code enforcement shall, upon receiving evidence of a conviction for the subsequent violation after three suspensions, forthwith notify the licensee of the pending revocation of the license.

(e)

Revocation for false information. In the event code enforcement receives evidence that a license was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, code enforcement shall forthwith notify the licensee.

(f)

Transfer or renewal. The transfer or renewal of a license pursuant to this code shall not defeat a suspension or revocation of a license or related proceedings.

(g)

Methods of notice of pending suspension or revocation. Whenever a notice of pending suspension or revocation must be sent by mail from code enforcement it shall be made by certified mail, return receipt requested, mailed to the licensee's last provided address of record and such notice may also be made by the sheriff's department by posting a copy of the written notice at the licensee's establishment or making actual delivery to the licensee.

(Code 1979, § 14-248; Ord. No. 97-16, § 12, 5-27-97; Ord. No. 01-53, § 9, 9-11-01)

(a)

Challenge to suspension or revocation. If code enforcement notifies a licensee in writing of the pending suspension or revocation of a license, then the suspension or revocation shall become final and effective ten days after mailing to the licensee's record address, posting the notice at the establishment, or actual delivery of the notice to the licensee, unless the licensee first files with code enforcement a written response stating the reasons why the suspension or revocation is alleged to be in error or inappropriate and a written notice of intent to challenge the suspension or revocation requesting a hearing to determine whether the suspension or revocation will become effective. A suspension or revocation already in effect but not previously challenged in a suspension or revocation hearing, may be challenged in the same manner but is not abated during the proceedings.

(b)

Hearing on suspension or revocation. When a licensee files a written response and notice of intent to challenge a pending or existing suspension or revocation then a public hearing to determine if the pending suspension or revocation will become effective and final shall be held by the code enforcement special master. Code enforcement shall notify the county attorney and any appropriate county staff who shall schedule and provide notice of the hearing.

(1)

The suspension or revocation hearing should be held within 20 days of a written challenge and request for a hearing, or as soon thereafter as can reasonably be scheduled, but no sooner than after seven days notice mailed to the licensee and posting to the public at a place for notices in a public building.

(2)

The participants before the code enforcement special master shall be the licensee, any witnesses of the licensee, county staff, any interested members of the public, and any witnesses of the interested members of the public. Any interested member of the public who participates at the hearing shall provide a mailing address to the code enforcement special master.

(3)

The licensee and any witnesses of the licensee shall be limited to a total of 30 minutes to present the licensee's case. County staff shall be similarly limited to a total of 30 minutes. Each interested member of the public and their witnesses, shall be limited to ten minutes. For good cause shown, the hearing officer may grant additional time to each side or the public.

(4)

Testimony and evidence may be submitted by any witness but shall be limited to matters directly relating to the grounds for suspension or revocation, including the licensee's knowledge of illegal activity occurring at the establishment. It is a rebuttable presumption that the licensee is aware of all activities that are conducted by employees or patrons of the establishment. Irrelevant, immaterial, or unduly repetitious testimony or evidence may be excluded.

(5)

All testimony shall be under oath. The code enforcement special master shall decide all questions of procedure and standing. The order of presentation of testimony and evidence shall be as follows:

a.

The licensee and any witnesses of the licensee.

b.

Any interested member of the public and their witnesses, if any.

c.

The county staff and any witnesses.

d.

Rebuttal witnesses from the licensee.

e.

Rebuttal witnesses from the county staff.

f.

Summation by the licensee.

g.

Summation by the county staff.

(6)

The code enforcement special master may also call and question witnesses or request additional evidence as deemed necessary and appropriate.

(7)

To the maximum extent practicable, the hearing shall be informal. Reasonable cross examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony.

(8)

If the code enforcement special master comes to believe that any facts, claims, or allegations necessitate additional review or response by either the licensee or staff, then the hearing may be continued until an announced date certain.

(9)

The code enforcement special master shall render a written decision determining whether the suspension or revocation will become or remain effective within ten days after the suspension or revocation hearing concludes. The written decision shall specifically include findings determining whether the violation(s) of this article or specified criminal act(s) occurred at the establishment during the time period in question, and whether the licensee of the establishment is responsible because the licensee had actual or implied knowledge that the violation(s) or act(s) were being committed, the violation(s) or act(s) were facilitated or condoned by the licensee, or that the violation(s) or act(s) occurred because the licensee should have known of the illegal activity but acted recklessly, carelessly, negligently, or with a lack of diligence.

(c)

Filing of decision. The original of the written decision of the hearing officer shall be filed with the clerk to the board of county commissioners, and copies shall be mailed to code enforcement, the licensee, and to any interested member of the public who participated at the hearing.

(d)

Surrender of license. A notice of final suspension or revocation shall be provided to the licensee in person or by certified mail to the licensee's record address. The licensee shall immediately return and surrender a revoked license to the permitting and enforcement department.

(e)

Judicial review. Any person who participated in a suspension or revocation hearing before the code enforcement special master and who is aggrieved by the decision of the code enforcement special master, may challenge the decision in the circuit court by filing a petition for writ of certiorari with the clerk to the circuit court not later than 30 days after the decision of the code enforcement special master is rendered. The appellate record before the circuit court shall consist of the complete record of the proceedings before the code enforcement special master. In the event of such an appeal, the action shall be promptly reviewed by the circuit court. The suspension or revocation of a license shall be abated during a timely noticed appeal of a code enforcement special master ruling to the circuit court until the day following the decision of the court.

(f)

Requirement of exhaustion of procedures. Judicial review of a suspension or revocation, or related hearing or appeal proceedings, shall be available only after the administrative remedies procedures and remedies set forth in this section have been exhausted.

(g)

Notice of final suspension or revocation. If no response or request for a suspension or revocation hearing is filed within seven days of the notice of a pending suspension or revocation, or if the licensee who requested the hearing does not appear at the suspension or revocation hearing after notice, or if the code enforcement special master decides after a hearing that a pending suspension or revocation will become final and no appeal is made to the circuit court, then code enforcement shall issue to the licensee notice of final suspension or revocation of the adult entertainment license and mail or arrange delivery of the notice it to the licensee's record address.

(h)

Effective date of suspension or revocation. The suspension or revocation of a license shall take effect the day after delivery of a notice of final suspension or revocation to the licensee in person, or by mail to the licensee's record address, or on the date the licensee surrenders the license, whichever happens first. The licensee shall immediately return and surrender a revoked license to code enforcement or surrender the revoked license, upon demand, to a member of the sheriff's department. A suspension or revocation shall be abated during an appeal of a code enforcement special master's ruling to the circuit court until the day following the decision of the court.

(i)

Effect of final revocation. If a license is revoked, the licensee of the adult entertainment establishment shall not be allowed to obtain another adult entertainment license for a period of one year, and no adult entertainment license shall be issued again to any other person for the location upon which the adult entertainment establishment was situated.

(Ord. No. 01-53, § 10, 9-11-01; Ord. No. 07-36, § 1, 7-24-07)

Editor's note— Ord. No. 01-53, § 10, adopted September 11, 2001, enacted provisions intended for use as § 62-4964. Prior to the reenaction of § 62-4964 by Ord. No. 01-53, Ord. No. 97-16, § 13, adopted May 27, 1997, repealed § 62-4964, pertaining to appeals, as derived from the Code of 1979, § 14-249.

Any establishment that displays within 100 feet of its premises a sign or other form of advertisement capable of leading a reasonable person to believe that the establishment offers, presents, permits or engages in any activity required by this article to be licensed shall obtain an adult entertainment license for such activity.

(Code 1979, § 14-257)

It shall be unlawful for any person to operate an adult bookstore, adult motion picture theater, leisure spa establishment or adult dancing establishment unless such business has a currently valid license therefor under this article, which license shall not be under suspension or either permanently or conditionally revoked.

(Code 1979, § 14-256)

(a)

An adult entertainment establishment shall maintain an employee record for each employee who currently works or performs at the establishment, and for each employee who works at the establishment during the preceding one-year period.

(1)

The employee record shall contain the current or former employee's full legal name, any aliases, and date of birth.

(2)

The employee record shall also describe the status of each employee, i.e. whether the employee is or was a paid employee for whom income taxes and social security payments are or were withheld or is or was a lessee, sublessee, independent contractor or subcontractor.

(3)

The employee record shall also contain a copy of all valid business tax receipts for each employee of the establishment.

(b)

Each operator of the establishment shall be responsible for knowing the location of the originals or the true and exact photocopies thereof, of each employee record.

(c)

Each operator of the establishment shall, upon request by a law enforcement officer or code enforcement officer, when the establishment is open for business, immediately make available for inspection the original, or the true and exact photocopies thereof, of any employee record.

(Code 1979, § 14-262(1); Ord. No. 97-16, § 15, 5-27-97; Ord. No. 01-53, § 11, 9-11-01; Ord. No. 2007-003, § 30, 2-20-07)

Editor's note— Ord. No. 97-16, § 16, adopted May 27, 1997, repealed §§ 62-4992—62-5001, pertaining to employee permit, as derived from the Code of 1979, § 14-262(2), (3), (5)—(11).

(a)

It shall be unlawful for any person to operate, own, conduct or carry on, or permit to be operated, owned, conducted or carried on, any leisure spa establishment of any type or kind, including but not limited to a leisure spa, leisure spa service business, or any leisure spa business or service offered in conjunction with or as part of any health club, health spa, resort or health resort, gymnasium, athletic club or other business, without compliance with the provisions of this article.

(b)

In addition to the general requirements contained in division 1 of this article, a leisure spa establishment shall observe the following special requirements:

(1)

Dressing rooms shall be proportioned to the maximum number of persons or patrons who are expected to be in them at one time, excluding attendants and assistants, and providing a minimum of 12 square feet per person or patron. Separate dressing rooms shall be provided for men and women. Floors shall be of a smooth, impervious material with a nonslip surface and shall be covered at the wall junction for thorough cleaning. Each dressing room area shall contain floor drains. Partition walls shall be covered from the floor to 30 inches above the floor with ceramic tile or other impervious material.

(2)

One shower shall be provided for each ten men or women, based upon the maximum number of persons who are expected to be using shower facilities at one time, and separate shower facilities shall be provided for men and women. Floors and partition walls shall be constructed as required in subsection (b)(1) of this section for dressing rooms. Each shower will be constructed of ceramic tile, other impervious material, or single molded material. Each shower shall provide hot and cold running water.

(3)

One locker shall be provided for each patron who is expected to be on the licensed premises at one time, which shall be of sufficient size to hold clothing and other articles of wearing apparel. Each locker shall be capable of being locked by the patron with no one else having the key so long as the patron is using the locker, or the locker shall be under the constant attention and supervision of the attendant.

(4)

Each room or enclosure where leisure spa services are performed shall be provided with lighting of a minimum of five footcandles as measured four feet above the floor, which lights shall remain on at all times during business hours, and one light capable of providing 50 footcandles of light in all corners of leisure spa bath, shower or toilet rooms, which light shall be turned on when cleaning these areas.

(5)

The premises shall have adequate equipment for disinfecting and cleaning nondisposable instruments and materials used in administering leisure spa services. Such materials and instruments shall be cleaned after each use. Methods of cleaning and sanitizing shall be approved by the director of consumer health services consistent with the practices accepted by the National Sanitation Foundation, American Academy of Sanitarians or Center for Disease Control.

(6)

Closed cabinets shall be provided for use of all storage equipment, supplies and clean linens. All used and soiled linens and towels shall be kept in water soluble linen bags designed to hold infectious linen and kept in covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage cabinets.

(7)

Clean linen and towels shall be provided for each leisure spa patron. No common use of towels or linens shall be permitted.

(8)

Oils, creams, lotions or other preparations used in administering leisure spa services shall be kept in clean containers or cabinets.

(9)

Each room or enclosure where leisure spa services are performed shall contain a handwashing sink with hot and cold running water. Each technician shall wash his or her hands in hot running water, using soap or disinfectant, before and after administering a massage to each patron.

(10)

All walls, ceilings, floors, pools, lavatories, showers, bathtubs, steam rooms and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use.

(11)

If male and female patrons are served, separate rooms or enclosures for leisure spa services shall be provided.

(12)

No person shall consume food or beverages in leisure spa work areas, nor shall there be any smoking in leisure spa work areas.

(13)

Animals, except guide dogs, shall not be permitted in leisure spa establishments.

(14)

The premises shall be equipped with a service sink for custodial services, which sink shall be located in a janitorial room or custodial room separate from leisure spa service rooms. Such sink is to be properly connected to hot and cold running water and to a sewer system.

(15)

Leisure spa services of a person by another person who displays or exhibits specified anatomical areas are prohibited.

(16)

No person shall perform leisure spa services on the genitals or pubic area of another person.

(17)

It shall be unlawful for a leisure spa employee, owner or independent contractor to perform leisure spa services on a patron of the opposite sex.

(Code 1979, § 14-263)

No leisure spa technician shall administer leisure spa services to any person:

(1)

If the leisure spa technician believes, knows or should know that he or she is not free of any contagious or communicable disease or infection.

(2)

To any person exhibiting any skin fungus, skin infection, skin inflammation or skin eruption; provided, however, that a physician duly licensed to practice in the state may certify that such person may be safely administered leisure spa services.

(3)

To any person who is not free of communicable diseases or infection or whom the leisure spa technician believes or has reason to believe is not free of communicable diseases or infection.

(Code 1979, § 14-264)

No employee or independent contractor of a leisure spa establishment may perform a leisure spa service upon any person unless he or she is duly permitted pursuant to this article and state law, and such permit is in good standing and active.

(Code 1979, § 14-265)

Massage may only be administered in a patron's home by a massage technician having a permit issued in accordance with F.S. ch. 480, and being employed by a massage establishment having a valid license pursuant to this article. The leisure spa establishment must keep, for at least one year, a record of all patrons receiving leisure spa services in a place other than a licensed leisure spa establishment, a record of the place where these leisure spa services were administered, and a record of the leisure spa technician who administered these leisure spa services. No leisure spa technician shall administer any leisure spa services at a location which does not conform to or comply with the standards set forth in this article.

(Code 1979, § 14-266)

(a)

No leisure spa establishment license holder shall allow a leisure spa patron under 18 years of age to enter such establishment, nor shall a leisure spa technician perform any services upon a leisure spa patron under 18 years of age, without the written consent of that leisure spa patron's parents or legal guardian, executed before a notary public of the state.

(b)

Each leisure spa establishment license holder shall keep a register or list of all leisure spa patrons under 18 years of age and keep a copy of the written consent as required in subsection (a) of this section.

(Code 1979, § 14-267)

No leisure spa establishment shall be operated between the hours of 10:00 p.m. and 9:00 a.m. No leisure spa patron shall remain upon the premises of a leisure spa establishment during these hours.

(Code 1979, § 14-268)

Periodic inspections, at least twice each year, shall be made by the county public safety department and environmental health services division of each leisure spa establishment in the county to determine that the purposes of this article are being satisfied.

(Code 1979, § 14-269)

It shall be unlawful for any person to perform or engage in specified sexual activities in a leisure spa establishment or on the premises thereof.

(Code 1979, § 14-270)

(a)

It shall be unlawful for any person to operate, own, conduct or carry on, or permit to be operated, owned, conducted or carried on, any adult motion picture theater as defined by this article, without compliance with the provisions of this article.

(b)

In addition to the general requirements contained in division 1 of this article, an adult motion picture theater shall observe the following special requirements:

(1)

Each adult motion picture booth shall be open or have a rectangular-shaped entranceway not less than 30 inches wide and not less than six feet high.

(2)

Each adult motion picture booth shall have sufficient individual, separated seats, not couches, benches or the like, to accommodate the person expected to use the booth who may occupy the area. Only one person may occupy an adult motion picture booth at any time.

(3)

Each adult motion picture booth or theatre shall be designed so that a continuous main aisle runs alongside the seating areas in order that each person seated on the areas shall be visible from the aisle at all times. Neither adult motion picture theatres nor booths shall be locked or secured to prevent entry, except during hours in which the establishment is closed to business.

(4)

Each adult motion picture theatre or booth shall be designed such that all areas where a patron or customer is to be positioned are visible from a continuous main aisle and are not obscured, wholly or partially, by any curtain, door, wall, partition or other enclosure.

(5)

In addition to the sanitary facilities required by section 62-4915, there shall be provided, within or adjacent to the common corridor, passageway or area in adult motion picture theaters having adult motion picture booths, adequate lavatories equipped with running water, hand cleaning soap or detergent and sanitary towels or hand drying devices. Common towels are prohibited.

(6)

An adult motion picture theater designed to permit viewing by patrons seated in automobiles or other seating provisions shall have the motion picture screen so situated, or the perimeter of the licensed premises so screened or fenced, that the projected film material may not be seen from any public right-of-way, from any property zoned for residential use, or from any religious institution or school.

(7)

Each adult motion picture theatre or booth shall have posted at the entranceway to the applicable theatre or booth the maximum number of persons who may occupy the applicable theatre or booth, which number shall not exceed the number of seats within the theatre or booth.

(8)

Each motion picture booth shall have walls or partitions of solid construction without any holes or openings except for the entranceway as provided in subsection (b)(1) of this section.

(Code 1979, § 14-271)

No adult motion picture theater, as defined by this article, shall allow any person under 18 years of age to enter such establishment.

(Code 1979, § 14-272)

Inspections by the county public safety department, planning and zoning division, environmental health services division or building code compliance division shall be made from time to time and at least twice each year to inspect each adult motion picture theater in the county for the purposes of determining that the provisions of this article are being complied with.

(Code 1979, § 14-273; Ord. No. 97-16, § 17, 5-27-97)

It shall be unlawful for any person to display or exhibit specified anatomical areas in adult motion picture theaters or on the premises thereof, except in connection with excretory functions.

(Code 1979, § 14-274)

It shall be unlawful for any person to engage in specified sexual activities in adult motion picture theaters or on the premises thereof.

(Code 1979, § 14-275)

(a)

It shall be unlawful for any person to operate, own, conduct, carry on or permit to be operated, owned, conducted or carried on any adult bookstore as defined by this article, without compliance with the provisions of this article.

(b)

In addition to the general requirements contained in division 1 of this article, an adult bookstore shall observe the following special requirements:

(1)

All materials, devices and novelties shall be so displayed that they cannot be seen by anyone other than customers who have entered the licensed premises.

(2)

If recordings are offered for sale and customers may listen to them while on the licensed premises, and if soundproof booths or rooms are made available for use by customers who desire to listen or read, then each such booth or room shall have:

a.

An open entranceway not less than two feet wide and not less than six feet high, not capable of being closed or partially closed by any curtain, door or other partition which would be capable of wholly or partially obscuring any person situated within the booth.

b.

Except for the entranceway, walls or partitions of solid construction without any holes or openings in such walls or partitions.

c.

Sufficient individual, separate seats, not couches, benches or the like, to accommodate the expected number of persons who will occupy the booths or rooms at one time; however, only one person may occupy such booth or room at any time.

d.

The number of patrons who may occupy the booth or room at one time clearly stated on or near the door to the booth or room, and only that number of persons shall be permitted inside the booth or room at one time.

e.

The door or doors opening into the booth or room incapable of being locked or otherwise fastened so that the door or doors will freely open from either side.

f.

All areas where a patron or customer is to be positioned visible from a continuous main aisle and not obscured by any curtain, door, wall or other enclosure.

(Code 1979, § 14-276)

No adult bookstore, as defined by this article, shall allow any person under 18 years of age to enter such establishment.

(Code 1979, § 14-277)

Periodic inspections at least twice a year shall be made by the county public safety department, planning and zoning division, environmental health services division and building code compliance division of each adult bookstore in the county for the purposes of determining that the provisions of this article are being satisfied.

(Code 1979, § 14-278; Ord. No. 97-16, § 18, 5-27-97)

It shall be unlawful for any person to display or exhibit specified anatomical areas in adult bookstores or on the premises thereof, except in connection with excretory functions.

(Code 1979, § 14-279)

It shall be unlawful for any person to engage in specified sexual activities in adult bookstores or on the premises thereof.

(Code 1979, § 14-280)

(a)

Adult bookstores, as defined by this article, which sell or offer for sale or rent for any form of consideration non-adult materials in addition to adult materials as defined by this article shall observe the following additional requirements:

(1)

Materials which are of a non-adult nature shall be segregated from adult material.

(2)

The adult materials shall be maintained in a separated area from which no patron may review such material from the area utilized for non-adult material.

(3)

No patron shall be required to enter the separated area of adult material in order to review non-adult materials which are offered for sale or rental.

(b)

The adult materials area shall have posted a well-lighted sign at the entrance to such area, which shall read as follows:

NOTICE

THIS AREA OFFERS MATERIALS HAVING SEXUAL CONTENT. SUCH MATERIAL IS FOR ADULTS ONLY. IF ADULT MATERIALS WOULD OFFEND YOU, DO NOT ENTER.

Such sign shall be clear and legible, and the text thereof shall be set forth in letters of uniform size having a height of not less than one inch and not more than two inches. This requirement shall be in addition to the requirements of section 62-4918.

(Code 1979, § 14-281)

The owner or operator of any commercial establishment which sells or rents books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other representations or recordings or novelties and devices, may be required, if so requested by the code compliance department of the county, to provide additional information referable to requirements under this article, including inventory listing or sales records, for the purposes of determining if the commercial establishment is an adult bookstore. Failure to provide such materials upon written request of the code compliance department of the county shall be sufficient cause for the suspension of that commercial establishment's license as required by division 2 of this article. The owner or operator shall have a 30-day period from the date of the written demand within which to provide the requested information. He shall have two additional periods of 15 days each within which to provide such information upon showing of good cause of his inability to provide it earlier, provided the request is made before the expiration of the existing period.

(Code 1979, § 14-282)

In addition to the general requirements for adult entertainment establishments contained in this article, an adult dancing establishment shall, regardless of whether it is licensed, observe the following special requirements:

(1)

It shall have a stage provided for the display or exposure of any specified anatomical area by an employee to a person other than another employee, consisting of a permanent platform or other similar permanent structure raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet;

(2)

It shall provide an area three feet in width running along or around the entire edge of the stage within which patrons of the establishment shall not enter while a dancer is performing, entertaining or standing on the stage; and

(3)

There shall be no areas for private performances, and private performances are prohibited.

(Code 1979, § 14-283)

Inspections by the county public safety department, planning and zoning division, environmental health services division and building code compliance division shall be made from time to time and at least twice each year to inspect each adult dancing establishment in the county, to determine compliance with this article.

(Code 1979, § 14-284; Ord. No. 97-16, § 19, 5-27-97)

(a)

It shall be unlawful for any person within an establishment, regardless of whether it is licensed under this article, where the person knows or should have known that alcoholic beverages are on the premises, to exhibit or display any specified anatomical areas as defined in this article.

(b)

It shall be unlawful for any person maintaining or operating an establishment, regardless of whether it is licensed under this article, where the person knows or has reason to know that alcoholic beverages are on the premises of the commercial establishment, to knowingly, or with reason to know, permit, suffer or allow any person on the premises to exhibit or display any specified anatomical areas as defined in this article.

(c)

Notwithstanding any provisions of this article to the contrary, it shall not be unlawful for any person or employee of any establishment to expose specified anatomical areas in connection with the use of approved sanitary facilities commonly known as restrooms. However, specified anatomical areas shall be exposed or displayed only in connection with excretory functions.

(Code 1979, § 14-285)

(a)

Operation without proper license. It shall be unlawful for any person to be an operator of an adult entertainment establishment where the person knows or should know:

(1)

That the establishment does not have the appropriate classification of adult entertainment license for the classification of entertainment offered within the establishment;

(2)

That the establishment has a license which is under suspension;

(3)

That the establishment has a license which has been revoked or cancelled; or

(4)

That the establishment has a license which is expired.

(b)

Violation of general or special requirements. It shall be unlawful for any person to be an operator or manager of:

(1)

An adult entertainment establishment which does not satisfy the requirements of section 62-4915.

(2)

An adult entertainment motion picture theatre which does not satisfy all the special requirements of section 62-5051.

(3)

An adult dancing establishment which does not satisfy all of the special requirements of section 62-5111.

(4)

An adult entertainment bookstore which does not satisfy all the special requirements of section 62-5081.

(c)

Allowing employees to engage in prohibited acts. It shall be unlawful for an owner or operator of an adult entertainment establishment, regardless of whether it is licensed under this article, to knowingly, or with reason to know, permit, suffer or allow an employee to:

(1)

Engage in a straddle dance with a person at the establishment;

(2)

Contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment;

(3)

Engage in any specified sexual activity at the establishment;

(4)

Where alcoholic beverages are sold, offered for sale, dispensed or consumed, display or expose at the establishment less than completely and opaquely covered human genitals or pubic region or other areas defined as specified anatomical areas;

(5)

Display or expose at the establishment less than completely and opaquely covered human genitals or pubic region or other specified anatomical areas, unless such employee is continuously away from any person other than another employee, and unless such employee is in an area as described in section 62-5111(1) or (2);

(6)

Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee;

(7)

Engage in a private performance;

(8)

While engaged in the display or exposure of any specified anatomical area, intentionally touch any person at the adult entertainment establishment, excluding another employee;

(9)

Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breasts of any female person; or

(10)

Work, if the employee has not applied for and obtained a temporary or permanent permit under this article.

(d)

Advertising prohibited activity. It shall be unlawful for an owner or operator of an adult entertainment establishment, regardless of whether it is licensed under this article, to advertise the presentation of any activity prohibited by any applicable state statute or local ordinance.

(e)

Admission of minors. It shall be unlawful for an owner or operator of an adult entertainment establishment, regardless of whether it is licensed under this article, to knowingly, or with reason to know, permit, suffer or allow:

(1)

Admittance to the establishment of a person under 18 years of age;

(2)

A person under 18 years of age to remain at the establishment;

(3)

A person under 18 years of age to purchase goods or services at the establishment; or

(4)

A person to work at the establishment as an employee who is under 18 years of age.

(f)

Working at an establishment which does not have valid license. It shall be unlawful for any person to work in an adult entertainment establishment that he knows or should know is not licensed under this article, or which has a license which is under suspension, has been revoked or cancelled, or has expired, regardless of whether he has applied for and obtained a temporary or permanent permit under this article.

(g)

Working without business tax receipt. It shall be unlawful for an employee of an adult entertainment establishment, regardless of whether it is licensed under this chapter, to fail to obtain, carry and produce for inspection by a law enforcement officer upon request, a business tax receipt for the occupation in which the employee is engaged.

Exception: It is an affirmative defense to an alleged violation of this subsection and this subsection does not apply to an employee of an adult entertainment establishment who is a paid employee for whom income taxes and social security payments are withheld and paid by the adult entertainment establishment, and who is not an independent contractor.

(h)

Engaging in prohibited activity. It shall be unlawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this article, to:

(1)

Engage in a straddle dance with a person at the establishment;

(2)

Contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment;

(3)

Engage in any specified sexual activity at the establishment;

(4)

Where the employee knows or should know that alcoholic beverages are sold, offered for sale or consumed, display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(5)

Display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, unless such employee is continuously positioned away from any person other than another employee, and unless such employee is in an area as described in section 62-5111;

(6)

Engage in the display or exposure of any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee;

(7)

Engage in a private performance;

(8)

While engaging in the display or exposure of any specified anatomical area, intentionally touch any person at the adult entertainment establishment, excluding another employee; or

(9)

Touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the waist and above the knee of the person, or to touch the clothed or unclothed breast of any female person.

(i)

Touching of employee by person.

(1)

It shall be unlawful for any person in an adult entertainment establishment, other than another employee, to intentionally touch an employee who is displaying or exposing any specified anatomical area at the adult entertainment establishment.

(2)

It shall be unlawful for any person in an adult entertainment establishment, other than another employee, to intentionally touch the clothed or unclothed breast of any employee, or to touch the clothed body of any employee at any point below the waist and above the knee of the employee.

(j)

Exceeding occupancy limit of adult booth. It shall be unlawful for any person to occupy an adult booth, which booth is already occupied by one person, in violation of section 62-5051(b)(2) or section 62-5081(b)(2)c.

(k)

Use of restrooms or dressing rooms. Notwithstanding any provision indicating to the contrary, it shall not be unlawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this article, to expose any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(l)

Hours of operation.

(1)

It shall be unlawful for any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(2)

It shall be unlawful for any 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 between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(m)

Alteration of license or permit.

(1)

It shall be unlawful for any person to alter or otherwise change the contents of an adult entertainment license without the written permission of the county code compliance department.

(2)

It shall be unlawful for any person to alter or otherwise change the contents of an adult entertainment permit without the written permission of the county sheriff.

(n)

Penalty. Whoever violates any section of this division may be prosecuted and punished as provided by F.S. § 125.69.

(o)

Owner responsibility.

(1)

As used in this division, owner shall mean and include the owner, and co-owner, partner, managing partner or chief executive officer.

(2)

All acts of any servant, agent, independent contractor or employee, paid or unpaid, of an owner shall be imputed to the owner and be deemed to be an act of the owner if done within the scope of such servant, agent, independent contractor or employee's scope of authority under the owner.

(3)

Any owner convicted of violating this chapter due to responsibility imposed pursuant to this section shall be subject to a fine.

(Code 1979, § 14-286; Ord. No. 97-16, § 20, 5-27-97; Ord. No. 01-53, § 12, 9-11-01; Ord. No. 2007-003, § 31, 2-20-07)