This article shall be known and cited as the Commercial Physical Contact Parlor Adult Code.

(Ord. No. 01-26, § 3, 5-22-01)

Based on evidence and testimony presented at public hearings before the Board of County Commissioners and on the findings incorporated in the United States Attorney General's Commission on Pornography (1986), Jacksonville Ordinance Code, Chapter 410, Ordinance 77-257-256, Section I, the Los Angeles Municipal Code, Section 12.70, Ordinance 156509 (1982), the Detroit Zoning Ordinance, 66,0000, Ordinance 742-G, Section 1, 10-24-72, 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 Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (Minnesota, June 6, 1989), testimony before the Macon, Georgia City Council on March 9, 1983 and the findings of fact set out in the Adult Entertainment Codes of Orange County, Florida, Osceola County, Florida, and Palm Beach County, Florida, the board hereby finds:

(1)

Sexually oriented businesses exist or operate or may exist or operate within the county and other nearby cities or counties in central Florida where sexually oriented services are offered for commercial or pecuniary gain in the form of commercial physical contact. The workers of such sexually oriented businesses operating in central Florida engage in physical contact or touching with customers, including acts of prostitution, or encourage or entice the customers to engage in lewdness.

(2)

The activities described in subsection (1) occur at establishments which operate primarily for the purpose of making a profit and, as such, are subject to regulation by the county in the interest of the health, safety, economy, property values, and general welfare of the people, businesses, and industries of the county. A major industry which is important to the county's economic welfare is tourism. Parents bring children to visit attractions and wish to stay in a community with a family atmosphere not one permeated by commercialized sexual themes.

(3)

When the activities described in subsection (1) are present in establishments, other activities which are illegal, unsafe, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, sale or possession of controlled substances, and violent crimes against persons and property.

(4)

When the activities described in subsection (1) are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described above, and ultimately lead residents and businesses to move to other locations.

(5)

The establishments in which the activities described in subsection (1) occur are often constructed using substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signage and/or an appearance that lower the surrounding property values and contribute to decline of the area.

(6)

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

(7)

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

(8)

The potential dangers to the health, safety, and general welfare of the public posed by allowing the activities described in subsection (1) to occur at an establishment without first meeting the requirements for obtaining a license under this code are so great as to require the licensure of such establishments prior to it being allowed to operate.

(9)

Requiring operators of establishments at which the activities described in subsection (1) occur to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, and by making it difficult for minors to work in such establishments.

(10)

Enclosed areas in establishments at which the activities described in subsection (1) occur have resulted in indiscriminate commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases.

(11)

Workers at adult establishments and sexually oriented businesses engage in a higher incidence of certain types of unhealthy or criminal behavior than workers of other establishments including a very high incidence of illegal prostitution or engaging in lewdness in violation of Chapter 796 of the Florida Statutes, operation without business tax receipts, and illegal unlicensed massage.

(12)

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

(13)

The practice of not paying workers employed or contracted to work in private areas, and in sexually oriented businesses and requiring such workers to earn their entire income from tips orgratuities from their customers who are predisposed to want sexual activity has resulted in an extremely high, nearly universal, incidence of prostitution and crimes related to lewdness by such workers.

(14)

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.

(15)

Requiring sexually oriented businesses to post a listing of services provided and restrict services to those listed as well as maintaining a customer contract and transaction record in a daily register will discourage incidents of criminal behavior such as lewdness and prostitution thereby further safeguarding the health of both workers and customers and will assist facilitating the identification of potential witnesses or suspects if criminal acts do occur.

(16)

A high incidence of lewd acts by customers and lewd or obscene acts by workers occurs during private performances at adult performance establishments when such performances take place in an area not occupied by a group of customers and the performers and customers are confident that law enforcement authorities will not identify them or observe their illegal activities.

(Ord. No. 01-26, § 4, 5-22-01; Ord. No. 2007-003, § 32, 2-20-07)

The following words, terms and phrases, when used in this code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Adult establishment means a commercial physical contact parlor operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this code. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. An establishment which has a business tax receipt or an establishment which advertises itself as a type of adult establishment shall be presumed to be "operated for commercial or pecuniary gain". An establishment with an adult license shall be presumed to be an adult establishment.

Board of county commissioners or board means the Board of County Commissioners of Brevard County, Florida.

Commercial physical contact

(1)

Shall mean to manipulate, wash, scrub, stroke, or touch, for commercial or pecuniary gain, another person's body tissues directly or indirectly (through a medium using any object, instrument, substance, or device.)

(2)

Exception: It is an affirmative defense to an alleged violation of this code regarding engaging in commercial physical contact or operating a commercial physical contact parlor if the alleged violator, business, or establishment can establish membership in one of the following classes of persons or businesses and the activity alleged to be commercial physical contact is part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this code:

a.

Persons licensed as a massage therapist or apprentice massage therapist pursuant to Chapter 480, Florida Statutes, if providing massage services only in a massage establishment licensed under Chapter 480 of the Florida Statutes.

b.

Persons licensed under the laws of Florida to practice medicine, surgery, osteopathy, chiropody, naturopathy, or podiatry, or persons licensed as a physician's assistant or holding a drugless practitioner's certificate.

c.

Registered nurses under the laws of Florida.

d.

Barbers or beauticians licensed under the laws of Florida.

e.

Cosmetologists licensed under the laws of Florida.

f.

Persons performing services in any hospital, nursing home or sanitarium licensed under the laws of Florida.

g.

Instructors, coaches, or athletic trainers employed by, or on behalf of any bona fide professional, Olympic, or sanctioned amateur athletic team, governmental entity, or any bona fide state, county, or private educational institution.

h.

Physical therapists licensed under the laws of Florida.

Commercial or pecuniary gain: Operated for commercial or pecuniary gain shall be presumed for any establishment which has received a business tax receipt. For the purposes of this Code, operation for commercial or pecuniary gain shall not depend on actual profit or loss. An establishment which has a business tax receipt or an establishment which advertises itself as a type of adult establishment shall be presumed to be "operated for commercial or pecuniary gain."

Commercial physical contact parlor means a business, establishment, or place operated for commercial or pecuniary gain, where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised, or promoted as a place where commercial physical contact occurs or as a "leisure spa," "body scrub salon," or as "relaxation salon."

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.

Customer means any person at an establishment, excluding an employee or operator, who does any of the following:

(1)

Is present at an establishment, regardless of whether that person has actually given any consideration or spent any money for goods or services; or

(2)

Has paid, or has offered, agreed, been solicited, or had someone else offer or agree on that person's behalf to, pay any consideration, fee, or tip to an operator or worker of an adult establishment.

Department means the building department, public safety/fire and rescue services division, health department, sheriffs department, zoning department, or tax collector/business tax receipt department, including the respective director, workers, officers and agents thereof.

Law enforcement officer means an officer who is on official duty for a law enforcement agency including, but not limited to, the sheriff's office of county.

Licensee means any person, partnership, or corporation whose application for an adult establishment has been granted and who owns, operates or controls the establishment.

Nudity means to display or expose at an adult establishment less than completely and opaquely covered:

(1)

Human genitals or pubic region,

(2)

The cleavage of the human buttocks, or

(3)

The areola or nipple of the human female breast.

Operator means any person who engages in or performs any activity necessary to, or which facilitates, the operation of a commercial physical contact parlor, including but not limited to, the licensee, manager, owner, doorman, bouncer, sales clerk, ticket taker, dispatcher, receptionist, attendant, or supervisor. An "operator" may also be a "worker."

Sexual gratification means the engaging in or committing of an act of sexual intercourse, oral-genital contact, masturbation, or the touching of the covered or uncovered sexual organ, pubic region, buttock, breast, chest or inner thigh of a person, any of which is for the purpose of arousing or gratifying the sexual desire of another person.

Sexually oriented business means a commercial physical contact parlor regardless of whether such business is licensed under this ordinance.

Sexual stimulation means either to excite or arouse the prurient interest or to offer, propose, solicit or suggest to provide an act of sexual gratification to a customer, including but not limited to all conversations, statements, advertisements and acts which would lead a reasonable person to conclude that an act of sexual gratification was to be provided.

Sheriff's office or sheriff means the Sheriff of Brevard County, Florida.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region; or

b.

Any part of the human buttocks; or

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 colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(2)

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

(3)

Any simulation of the above.

Specified criminal act means:

(1)

A violation of division 5 of this commercial physical contact parlor adult code; or

(2)

Any offense under the following chapters of the Florida Statutes: Chapter 794 regarding sexual battery, Chapter 796 regarding prostitution, Chapter 800 regarding lewdness and indecent exposure, and Chapter 847 regarding obscene literature; or

(3)

An offense under a statute of a state other than Florida, or an ordinance of another county or city other than Brevard County which is comparable to a violation listed in subsection (1) or (2) above.

Specified sexual activity shall mean:

(1)

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

(2)

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

(3)

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

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsection (1) above.

Worker means a person who works, performs, or provides services in or for an adult establishment, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, any employee, independent contractor, sub-contractor, lessee, or sublessee who works or performs at an adult establishment. A "worker" may also be an "operator."

(Ord. No. 01-26, § 5, 5-22-01; Ord. No. 2007-003, § 33, 2-20-07)

The provisions of this code may be enforced by:

(1)

A suit brought by the board of county commissioners in the circuit court to restrain, enjoin, or prevent a violation of this code; or

(2)

Enforcement proceedings by the county code enforcement board; or

(3)

Criminal prosecution as provided in section 62-6201, of this code.

(Ord. No. 01-26, § 6, 5-22-01)

(a)

Any decision of the permitting and enforcement department pursuant to granting or denying a license under Division 2 of this code ("Licensing") may be immediately reviewed as a matter of right by the circuit court upon the filing of an appropriate pleading by an aggrieved party.

(b)

In any lawsuit for judicial review, the county shall cooperate in good faith with any reasonable attempt to reach a prompt decision on the merits, provided that such requirement of cooperation shall not impair the right of the county to due process of law.

(c)

The status quo shall be maintained pending the outcome of judicial review, unless otherwise ordered by a court of law.

(Ord. No. 01-26, § 7, 5-22-01)

Any notice required under this code shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license or by personal service or delivery to the applicant or licensee. The mailing address set forth on the application for the license shall be considered the correct address for service unless the permitting and enforcement department has been otherwise notified in writing.

(Ord. No. 01-26, § 8, 5-22-01)

The county or any of its departments or agents or any law enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon an adult establishment while acting within the scope of the authority under this code.

(Ord. No. 01-26, § 9, 5-22-01)

This Code shall be liberally construed to accomplish its purpose of licensing and regulating commercial physical contact parlors and related activities to reduce or eliminate adverse secondary effects. The provisions of this Code shall not be deemed to authorize a violation of the county's Public Nudity Ordinance or any other Federal law, State law, or county ordinance. Unless otherwise indicated, all provisions of this code shall apply equally to all persons, regardless of sex. Masculine pronouns, such as "he," "his," and "him," as employed in this Code, shall also be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Words used in the singular number shall include the plural number, unless the context suggests otherwise.

(Ord. No. 01-26, § 10, 5-22-01)

This code shall be effective in the unincorporated areas of the Brevard County.

(Ord. No. 01-26, § 11, 5-22-01)

If any portion of this code, or any application thereof is declared to be void, unconstitutional or invalid for any reason, such portion or provision, or the application thereof, shall be severable from this code. The remaining portions and provisions of this code, and all applications thereof shall remain in full force and effect. No void, unconstitutional or invalid portion or proscribed provision, or application thereof, was an inducement to the enactment of this code.

(Ord. No. 01-26, § 12, 5-22-01)

(a)

Requirement. No commercial physical contact parlor shall be permitted to operate without having been first granted an adult license by the permitting and enforcement department under this code.

(b)

Classifications. Adult establishment licenses referred to in this section of the code shall be classified as follows:

(1)

Commercial physical contact parlor.

(c)

Single classification of license. Only one license may be issued for a location and only under a single classification as described in subsection (b)(1), above, of the code and section 62-4951(b).

(Ord. No. 01-26, § 14, 5-22-01)

(a)

Required. Any person desiring to operate a commercial physical contact parlor shall file with the permitting and enforcement department a sworn license application on standard application forms supplied by the permitting and enforcement department.

(b)

Contents of application. The completed application shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he is at least 18 years of age or older; or

b.

A partnership, the partnership shall state its complete name and the residence address of at least one person authorized to accept service of process; or

c.

A corporation, the corporation shall state its complete name; the date of its incorporation; evidence that the corporation is in good standing; the name and address of the registered corporate agent for service of process; the name, address, and telephone number of the person making the application for the corporation; and provide a copy of its articles of incorporation;

(2)

All business names and telephone numbers to be used by the establishment. If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration under § 865.09, Florida Statutes;

(3)

Whether the applicant has, within the five-year period immediately preceding the date of the application, been convicted of a felony of any state or of the United States or any specified criminal act and, if so, the specific crime involved, the date of conviction and the place of conviction;

(4)

Whether the applicant or the partnership or corporation making application for the license has had a previous license under this code or other code sections dealing with an adult establishment or adult entertainment establishment;

(5)

Whether the applicant or partnership or corporation making application for the license holds any other licenses under this code or any other code sections dealing with adult entertainment and, if so, the names and locations of such other licensed establishments;

(6)

The single classification of license for which the applicant is filing;

(7)

The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the real property owner of the site, and a notarized statement of consent to the specific proposed adult establishment use from the owner of the property;

(8)

The applicant's mailing address, business addresses, residential address, and all business and residential telephone numbers; and

(9)

A site plan drawn to appropriate scale of the proposed establishment, including, but not limited to:

a.

All property lines, rights-of-way, and the location of buildings, parking areas and spaces, curb cuts, and driveways.;

b.

All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar structures;

c.

All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size;

(10)

A recent photograph of the applicant; and

(11)

The applicant's driver's license number or the number of a state or federally issued identification card.

(12)

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

(c)

Application fee. Each application shall be accompanied by a non-refundable fee of $250.00. Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing applications. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant to this code.

(d)

False, incorrect, or incomplete application. If the permitting and enforcement department determines or learns that the applicant has falsely or incorrectly completed an application, or has not properly completed the application, for a proposed establishment, the permitting and enforcement department may notify the applicant of such fact and the applicant will be allowed ten days to properly complete the application. The revised application shall then be promptly forwarded to the appropriate departments for further review. The time period for granting or denying a license under this code shall be stayed during the period in which the applicant is allowed such an opportunity to properly complete the application. Upon receipt of a revised application the 45-day time period for granting or denying a license is extended for ten additional days to a total of 55 days.

(e)

Consent. By applying for a license under this code, the applicant shall be deemed to have consented to the provisions of this code and to the exercise of their responsibilities under this code by the agents or departments of the county.

(Ord. No. 01-26, § 15, 5-2-01)

(a)

Processing. Upon receipt of a complete application properly filed with the permitting and enforcement department and upon payment of the non-refundable application fee, the permitting and enforcement department shall immediately stamp the application with the date it was received and shall immediately thereafter send copies of the application and all attachments to the sheriff's office, the building department, the public safety department, the environmental health department, and the zoning department.

(b)

Investigation. Each department shall promptly conduct an investigation of the applicant, application, and the proposed establishment in accordance with its responsibilities under this code to determine whether false, incomplete, or incorrect information was given on the application or whether the proposed establishment will be in violation of any provision of Division 3 or Division 4 of this article or of any building, fire, health, or zoning statute, code, ordinance, regulation, or court order.

(c)

Findings. After investigation, each department shall promptly report its findings in writing and shall prepare a report and forward its findings to the permitting and enforcement department and shall state whether the department finds that false, incomplete, or incorrect information was given on the application or whether the proposed establishment will be in violation of any provision of Division 3 or Division 4 of this article or of any building, fire, health, or zoning statute, code, ordinance, regulation or court order.

(Ord. No. 01-26, § 16, 5-22-01)

(a)

Time period for granting or denying license. The permitting and enforcement department shall grant or deny an application for a license under this article within 45 days from the date of its proper filing. Upon the expiration of the 45 ^th day without a grant or denial, the applicant shall be permitted to initiate operating the adult establishment and the license shall be issued and forwarded to the applicant(s) unless the permitting and enforcement department notifies the applicant(s) of the denial.

(b)

Granting of application for license. If none of the departments have made a finding that would require that the application be denied, the permitting and enforcement department shall grant the application, notify the applicant within seven days of the granting by certified mail, return receipt requested, and issue the license to the applicant upon payment of the appropriate annual license fee required in this code with credit for the application fee as provided above in this code.

(c)

Denying of application for license.

(1)

The permitting and enforcement department shall review the findings reported by the departments and deny the application for any of the following reasons:

a.

The application contains material false information or is incomplete;

b.

The applicant has failed to comply with the ch. 607, Florida Statutes regarding corporations, ch. 620 regarding partnerships, or § 895.09, Florida Statutes, regarding fictitious names;

c.

The granting of the application would violate a statute or ordinance, or an order from a court of law which prohibits the applicant from obtaining an adult establishment license;

d.

The applicant or any other individual listed pursuant to subsection 62-6132(b)(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 two years.

(2)

If the application is denied, the permitting and enforcement department shall, within seven days, notify the applicant of the denial by certified mail, return receipt requested, and state the reason(s) for the denial.

(d)

Rejection of application. If a person applies for a license at a particular location within a period of nine months from the date of denial of a previous application for a license at the location, and there has been no intervening change in the circumstances which would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

(Ord. No. 01-26, § 17, 5-22-01)

(a)

Contents. A commercial physical contact parlor shall state the name of the licensee, the name of the owner of the real property, the name of the establishment, the street address of the establishment, the classification of the license, the date of issuance, and the date of expiration.

(b)

Term. All licenses issued under this code shall be annual licenses which shall commence running on October l ^st , if they have been paid for, and shall expire on September 30 ^th of the following year. If a license is issued after October 1 ^st , but before March 31 ^st of the following year the applicant shall pay the applicable license fee in full. If a license is issued after March 31 ^st , but before October 1 ^st of the same year, the applicant shall pay one-half the applicable license fee.

(c)

Renewals. Licenses shall be renewed annually. Subject to other provisions of this code, a licensee under this code desiring to renew the license shall by October l ^st present the license for the previous year, restate and update all information and documentation required for a license application, execute and have notarized a renewal statement on an approved form, and pay the applicable license fee.

(d)

Expiration. A license that is not renewed under this code by October l ^st of each year shall expire. However, an expired license may be renewed by October 31 ^st of the same year upon presentment of an affidavit stating that no commercial physical contact parlor activity has taken place at the establishment subsequent to expiration, upon payment of the applicable license fee, and upon payment of a penalty of ten percent of the appropriate license fee for the month of October, or fraction thereof.

(e)

Cancellation. Any expired licenses not renewed by October 31 ^st shall be canceled summarily by the permitting and enforcement department.

(f)

Reports and records. Each licensee shall keep such records and make such reports as maybe required by the permitting and enforcement department, as specified in this Article XVI, and the departments to implement this code and to carry out its purpose. Whenever the information required by or provided on the application under subsection 62-6132(b) has changed, the licensee shall promptly report in writing to the permitting and enforcement department the changed information.

(g)

Consent. By holding a license under this code, the licensee shall be deemed to have consented to the provisions of this code and to the exercise by the permitting and enforcement department and the departments of their responsibilities under this code.

(h)

Existing businesses. A business licensed as a "leisure spa" under former sec. 62-4951(b)(3) (repealed by this Art. XVI) on the effective date of the ordinance adopting Article XVI, shall thereafter be considered a commercial physical contact parlor and issued an amended license by the permitting and enforcement department reflecting the new designation within 15 working days of the effective date of the ordinance.

(Ord. No. 01-26, § 18, 5-22-01)

(a)

Levy. There are hereby levied the following annual license fees under this code for a commercial physical contact parlor, $300.00;

(b)

Fees regulatory. The annual license fees collected under this code are declared to be regulatory fees which are collected for the purpose of examination and inspection of adult establishments under this code and the administration thereof. These fees are in addition to and not in lieu of the business taxes imposed by other ordinances.

(Ord. No. 01-26, § 19, 5-22-01; Ord. No. 2007-003, § 34, 2-20-07)

(a)

Requirements. A commercial physical contact parlor licensee is not transferable to another person by surrendering possession, control, or operation of the licensed establishment. A commercial physical contact parlor license may be transferred to another person only upon satisfaction of the following requirements:

(1)

A transferred license is applied for to the permitting and enforcement department by filing an application setting forth the information called for under subsection 62-6132(b), the application is processed and investigated pursuant to section 62-6134, and the application has been granted by the permitting and enforcement department pursuant to subsection 62-6134(b); and

(2)

Satisfactory proof is provided that control of the establishment has been or will be transferred through a bona fide sale, lease, rental, or other transaction; and

(3)

A transfer fee of ten percent of the annual license fee is paid; and

(4)

A transferred license has been issued by the permitting and enforcement department.

(b)

Effect of suspension or revocation procedures. No license may be transferred pursuant to subsection (a) when the permitting and enforcement department has notified the licensee of pending suspension or revocation proceedings against the license.

(c)

No transfer to a different location. A licensee shall not transfer his license to another location.

(d)

Attempted improper transfer void. Any attempted transfer of a license either directly or indirectly in violation of this section is hereby declared void.

(Ord. No. 01-26, § 20, 5-22-01)

No licensee may change the name of a commercial physical contact parlor establishment unless and until the licensee satisfies each of the following requirements:

(1)

Gives the permitting and enforcement department thirty (30) days notice in writing of the proposed name change;

(2)

Pays the permitting and enforcement department a $10.00 change-of-name fee; and

(3)

Complies with § 865.09, Florida Statutes, regarding fictitious names.

(Ord. No. 01-26, § 21, 5-22-01)

(a)

Suspension for illegal transfer. In the event the permitting and enforcement department learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to section 62-6137, the permitting and enforcement department 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 62-6137 are filed with the permitting and enforcement department 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 commercial physical contact parlor 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 62-6181, 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 the permitting and enforcement department, who 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 the permitting and enforcement department 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 a commercial physical contact parlor within a two-year period, and convictions result from at least three of the violations, the permitting and enforcement department shall, upon receiving evidence of the three convictions, notify the licensee of a pending suspension of the license. The suspension shall be 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 30-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 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, the permitting and enforcement department shall, upon receiving evidence of the additional conviction after previous suspension, notify the licensee of a pending suspension of the license. The suspension shall be 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, the permitting and enforcement department shall, upon receiving evidence of the additional conviction after two previous suspensions, notify the licensee of the pending suspension of the license. The suspension shall be 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 a commercial physical contact parlor which has had a license suspended for a period of 180 days pursuant to subsection (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, the permitting and enforcement department 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 the permitting and enforcement department receives evidence that a license was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, the permitting and enforcement department shall forthwith notify the licensee of the revocation of the license.

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

(Ord. No. 01-26, § 22, 5-22-01)

(a)

Effective date of revocation or suspension and challenge. If the permitting and enforcement department 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, whichever occurs first. A licensee may challenge a suspension or revocation of the license by filing a notice with the permitting and enforcement department within ten days after the mailing, posting, or actual delivery of the notice (whichever occurs). The notice shall include the intent to challenge the suspension/revocation, requesting a hearing and the reasons why the licensee believes such action is in error. Such written notice shall operate to stay any imposition of the suspension or revocation of the license until 30 days after the code enforcement special master files his decision with the clerk to the board of county commissioners.

(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 hearing to determine if the pending suspension or revocation will become effective and final shall be held by the code enforcement special master. The permitting and enforcement department shall notify the county attorney and any appropriate county staff. The permitting and enforcement department shall schedule and provide notice of the hearing.

(1)

The suspension or revocation hearing shall be held within 30 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 and legal counsel representing the licensee or the county. Any interested member of the public who participates at the hearing shall provide a mailing address with the code enforcement special master.

(3)

The licensee and any witnesses of the licensee shall be limited to a total of 60 minutes to present the licensee's case. County staff shall be similarly limited to a total of 60 minutes. Legal counsel for the licensee or the county may also submit evidence in the form of sworn affidavits for the code enforcement special master to consider. 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. 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.

(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 the permitting and enforcement department, the licensee, and to any interested member of the public who participated at the hearing.

(d)

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 (filed with the clerk to the board). The appellate record before the circuit court shall consist of the complete record of the proceedings before the code enforcement special master. 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. In the event of such an appeal, the action shall be promptly reviewed by the circuit court.

(e)

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.

(f)

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 the permitting and enforcement department shall issue to the licensee notice of final suspension or revocation of the commercial physical contact parlor license and mail or arrange delivery of the notice it to the licensee's record address.

(g)

Surrender of license. The licensee shall immediately return and surrender a revoked license to the permitting and enforcement department or surrender the revoked license, upon demand, to a member of the sheriff's office.

(h)

Abatement. A suspension or revocation of a license shall be abated during a timely noticed challenge of notice or 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 commercial physical contact parlor shall not be allowed to obtain another adult establishment license for a period of one year, and no adult establishment license shall be issued again to any other person for the location upon which the commercial physical contact parlor was situated.

(Ord. No. 01-26, § 23, 5-22-01)

For the purposes of zoning and distance restrictions, commercial physical contact parlors shall be subject to the existing location, zoning and distance requirements set out in section 62-4916. The non-conforming use provision therein shall also be applicable. Non-conforming uses which obtained valid adult entertainment licenses after the adoption of Brevard County Ordinance Number 89-19, and have non-conforming status on the date this Article XVI is effective, shall retain their non-conforming status under this provision. However, nothing in this section is intended to exempt commercial physical contact parlors from any other of the regulatory or enforcement provisions contained in this Article XVI.

(Ord. No. 01-26, § 25, 5-22-01)

Each commercial physical contact parlor is subject to all of the following general requirements and shall:

(1)

Conform to all applicable building, fire, environmental health, zoning, and land use statutes, codes, ordinances, and regulations, whether federal, state or local.

(2)

Keep the commercial physical contact parlor license posted in a conspicuous place at the establishment available for inspection by the public at all times.

(3)

Cover opaquely each window or other opening through which a person outside the establishment may otherwise see inside the establishment.

(4)

Maintain all exterior walls and surfaces of the establishment, excluding signs, a single color of either white or pastel, and shall maintain all awnings, canopies, window shutters or window treatment the same color or a single different shade of the same white or pastel color. Trim work around the roof shall not be of more than two additional pastel colors. The trim color shall not exceed 20 percent of the entire exterior surface of the building. Nothing in this subsection shall be construed to require the painting of an otherwise unpainted exterior portion of an establishment such as brick or stone.

(5)

Install, construct, keep, maintain, or allow only those signs at the establishment which comply with the Article IX, the county sign ordinance and the following:

a.

No sign shall contain any flashing lights, photographs, silhouettes, drawings or pictorial representations except for the logo of the establishment, provided that the logo does not depict any specified anatomical areas, or any portion of a male or female form at or below the clavicle.

b.

No sign shall contain in the name or logo of the establishment, or otherwise, any words or material which depict, describe, reference, or infer in any manner, sexual activities, specified anatomical areas, or the display of specified anatomical areas.

(6)

Provide to any law enforcement officer or code enforcement officer, during all hours of operation, access through the main entrance and into all areas of the establishment where customers are permitted without the necessity of using a key, computer entry, password or seeking clearance from a worker or customer to obtain entry though an electronically operated door or entryway.

(7)

Post in an open and conspicuous place and file with the sheriff's office, a list of services provided by the sexually oriented business described in readily understandable language with a specification of the cost of such services. Actual services and prices offered or provided shall be limited to those listed.

(8)

Provide each customer, in advance, with a separate written customer contract setting forth and specifying the services to be rendered, the cost of said services, the actual full legal name of the worker to provide said services, and the actual name, address, and telephone number of the customer to which the services are rendered. Actual services and prices offered or provided shall be limited to those specified.

(9)

Maintain a daily register recording all transactions on a form provided by the permitting and enforcement, containing records of all customers with names, addresses, time expended, services purchased and mode of payment and name of all workers who provided services together with a copy of each customer contract.

(10)

Not increase the incentive or temptation for workers to engage in prostitution or lewdness by allowing any worker of the business to solicit or accept any tips or gratuities received directly from a customer in addition to the service fee amounts specified in the customer contract.

(11)

Maintain all customer contracts and daily registers for a period of two years following the customer's date of service.

(12)

Operate only from a fixed physical commercial location at which are displayed its commercial physical contact parlors license and all other required business tax receipts.

(13)

Provide clean linen and towels for each customer without any reuse of towels or linens without relaundering, provided; however, that heavy white paper may be substituted for sheets, provided that such paper is used only for one customer, then discarded into a sanitary receptacle.

(14)

Provide closed cabinets for the storage of clean linen, towels and other materials used in connection with administering commercial physical contact.

(15)

Disinfect and sterilize all non-disposable instruments and materials after use on each customer.

(16)

Require each worker to wear a clean outer garment in the nature of a surgical gown when providing commercial physical contact services, and during all times during working hours conceal, with a fully opaque covering, all specified anatomical areas of his or her body.

(17)

Inform all customers in their customer contract to cover his or her specified anatomical areas by a towel, cloth, robe, undergarment, swimsuit or other similar fully opaque material while in the presence of a worker.

(18)

Not permit, suffer, or allow any animal, except a service animal, to be on the premises of the commercial physical contact parlor.

(19)

If both male and female customers are to be served simultaneously, provide two separate work areas for providing commercial physical contact, one for males and the other for females.

(20)

Configure all work areas where commercial physical contact is to be provided so that the area is readily visible at all times from common areas of the establishment outside of the work area. Businesses existing on the effective date of this code which are regulated by this code shall be given six months from the effective date of this code to make any changes needed to come into compliance with this section. During this six-month period, no citations shall be given to such existing businesses for a violation of this provision (20).

(Ord. No. 01-26, § 27, 5-22-01; Ord. No. 2007-003, § 35, 2-20-07)

(a)

A commercial physical contact parlor shall maintain a worker record for each worker who currently works or performs at the establishment, and for each former worker who worked or performed at the establishment during the preceding one-year period.

(1)

The worker record shall contain the current or former worker's full legal name, including any aliases, date of birth, residential address, driver's license number or state or federally issued identification card number, and a recent photograph of the worker taken within one year, and any and all stage names.

(2)

The worker record shall also describe the status of each worker (whether each worker is a paid employee for whom income taxes are withheld or was a lessee, sublessee, independent contractor, or subcontractor who was allowed to work or perform at the establishment).

(3)

The worker record shall also contain a copy of a valid county business tax receipt or commercial physical contact parlor license for any lessee, sublessee, independent contractor, or subcontractor who is not an employee and is allowed to work or perform at the establishment.

(b)

The original, or true and exact photocopies, of each required worker record, customer contract, and daily register required by this Division 4 shall be kept available for inspection by law enforcement officers or employees of the permitting and enforcement department at the establishment at all times.

(c)

Each operator of the establishment shall be responsible for knowing the location of the original, or true and exact photocopies, of each of the required worker record, customer contract, and daily register records.

(d)

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, of each of the required worker record, customer contract, and daily register records.

(Ord. No. 01-26, § 28, 5-22-01; Ord. No. 2007-003, § 36, 2-20-07)

(a)

Any violation of this code may be prosecuted in the same manner as a misdemeanor pursuant to § 125.69, Florida Statutes. Such violations shall be prosecuted in the name of the State of Florida in a court of competent jurisdiction by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each day any violation continues shall constitute a separate offense, unless otherwise provided.

(b)

Notwithstanding the provisions of this section, the county may pursue any and all other available remedies through any and all other available processes and procedures available to correct violations of county codes. Included within such remedies are the enforcement actions set forth in this code, actions in a court of competent jurisdiction for injunctive relief or other appropriate relief, criminal prosecution, administrative code enforcement proceedings, the issuance of citations, the suspension or revocation of permits relating to health or safety matters, and any and all other remedies available under the laws of the State of Florida and the United States.

(Ord. No. 01-26, § 30, 5-22-01)

It shall be unlawful for any person to be an operator of a commercial physical contact parlor when:

(1)

The establishment does not have a valid commercial physical contact parlor license;

(2)

The license of the establishment is under suspension;

(3)

The license of the establishment has been revoked or canceled; or

(4)

The establishment has a license which has expired.

(Ord. No. 01-26, § 31, 5-22-01)

It shall be unlawful for any person to act as an worker of a commercial physical contact parlor that the worker knows or should know does not have a valid license under this code, or which has a license which is under suspension, has been revoked or canceled, or has expired, or which does not have each applicable commercial physical contact parlor license conspicuously displayed.

(Ord. No. 01-26, § 32, 5-22-01)

It shall be unlawful for any person to be an operator of a commercial physical contact parlor:

(1)

Which does not satisfy all of the general requirements of section 62-6181;

(2)

While the entrance or exit to the establishment is locked when a customer is inside the establishment.

(Ord. No. 01-26, § 33, 5-22-01)

It shall be unlawful for a worker of a commercial physical contact parlor to commit any of the following acts or for an operator of a commercial physical contact parlor to knowingly or with reason to know, permit, suffer, or allow any worker to commit any of the following acts:

(1)

Engage in any specified sexual activity at the establishment;

(2)

Engage in nudity, as defined in section 62-6102 of this code, at the establishment;

(3)

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

(4)

Intentionally touch any person at the commercial physical contact parlor, while engaged in the display or exposure of any specified anatomical area; or

(5)

Intentionally touch the clothed or unclothed body of any person at the commercial physical contact parlor, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breast of any female person.

(6)

Solicit or accept the payment of a tip or gratuity for, or in connection or relation to, a private performance.

(7)

Engage in providing services in private when a manager is not on duty observing from a manager's station.

(8)

Exception: Notwithstanding any provision indicating to the contrary, it shall not be unlawful for any worker or operator of a commercial physical contact parlor to expose any specified anatomical area during the worker's or operator's bona fide use of a restroom, or bona fide use of a dressing room which is used and occupied only by other workers or operators.

(Ord. No. 01-26, § 34, 5-22-01)

(a)

It shall be unlawful for any person in a commercial physical contact parlor to intentionally touch a worker who is displaying or exposing any specified anatomical area at the commercial physical contact parlor.

(b)

It shall be unlawful for any person in a commercial physical contact parlor to intentionally touch the clothed or unclothed breast of a worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee of the worker.

(Ord. No. 01-26, § 35, 5-22-01)

It shall be unlawful for an operator of a commercial physical contact parlor to advertise, encourage, or promote any activity prohibited by this code or any applicable state statute or ordinance.

(Ord. No. 01-26, § 36, 5-22-01)

It shall be unlawful for an operator or worker of a commercial physical contact parlor to knowingly, or with reason to know, permit, suffer, or allow a person under 18 years of age to:

(1)

Enter or remain in the commercial physical contact parlor;

(2)

Purchase goods or services at the commercial physical contact parlor; or

(3)

Work or perform at the commercial physical contact parlor as a worker.

(Ord. No. 01-26, § 37, 5-22-01)

(a)

It shall be unlawful to be an operator of a commercial physical contact parlor at which the license required by Division 2 of this article and for each record required by Division 4 of this article, including every worker record, customer contract, and daily register have not been compiled, are not maintained, or are not made available for inspection by a law enforcement officer upon request when the establishment is open for business.

(b)

It shall be unlawful to be a worker of a commercial physical contact parlor who fails to obtain, carry, and display upon demand of a law enforcement officer or code enforcement officer, while working in the adult establishment or commercial physical contact parlor occupation, a business tax receipt for the adult establishment occupation in which the worker is engaged.

(c)

Exception: It is an affirmative defense and subsection (b) does not apply to a worker of a commercial physical contact parlor who is a paid employee for whom taxes and social security payments are withheld and paid to the federal government by the commercial physical contact parlor, and who is not an independent contractor.

(Ord. No. 01-26, § 38, 5-22-01; Ord. No. 2007-003, § 37, 2-20-07)

It shall be unlawful between the hours of 10:00 p.m. and 9:00 a.m. of the following day of any day for:

(1)

An operator of a commercial physical contact parlor to allow such establishment to remain open for business, or to allow, suffer or permit any worker to engage in or make a sale, solicit a sale, provide a service, or solicit a service.

(2)

An worker of a commercial physical contact parlor to engage or make a sale, solicit a sale, provide a service, or solicit a service.

(Ord. No. 01-26, § 39, 5-22-01)

It shall be unlawful for any person, except an authorized member of the permitting and enforcement department to alter or otherwise change the contents or appearance of a commercial physical contact parlor license.

(Ord. No. 01-26, § 40, 5-22-01)

(a)

It shall be unlawful for any person applying for, renewing, or transferring a commercial physical contact parlor license pursuant to Division 2 to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance, renewal, or transfer of a license on the application required by Division 2.

(b)

It shall also be unlawful for any person to provide false or misleading information in the monthly reports required by section 62-6181 or in the worker record required by section 62-6182, or the customer contract, and daily register records required by section 62-6181.

(Ord. No. 01-26, § 41, 5-22-01)

It shall be unlawful for any worker of a commercial physical contact parlor while situated outside any structure at the commercial physical contact parlor, or at a place at the commercial physical contact parlor where the worker is visible from any public right-of-way or sidewalk, to display or expose specified anatomical areas or to engage in personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the worker, any other worker, or the commercial physical contact parlor. "Personal advertising" is defined as encouraging or enticing, by whatever direct or indirect means, potential customers beyond the commercial physical contact parlor to enter the commercial physical contact parlor. Additionally, it shall be unlawful for an operator or any worker to suffer, permit, or allow any door that is visible from a public right-of-way or sidewalk to be opened or remain opened except when a person is entering or exiting the establishment. It shall also be unlawful for an operator to permit, suffer, or allow any worker to violate this section.

(Ord. No. 01-26, § 42, 5-22-01)

It shall be unlawful for a worker of a commercial physical contact parlor to knowingly, or with reason to know, permit, suffer, entice, or allow a customer to engage in any specified sexual activity at the establishment while remaining in the presence of the worker. It shall also be unlawful for an operator to permit, suffer, or allow any worker to violate this section.

(Ord. No. 01-26, § 43, 5-22-01)

It shall be unlawful for any customer of a sexually oriented business (commercial physical contact parlor) to do any of the following acts or for a worker or operator of a sexually oriented business to knowingly suffer, permit, aid, assist, or allow a customer to do any of the following acts:

(1)

Touch, massage, or manipulate directly, or indirectly, the body of any worker of the sexually oriented business;

(2)

Touch, massage, manipulate, display or expose any of the customer's own specified anatomical areas; or

(3)

Engage in any specified sexual activity while in the presence of a worker of the sexually oriented business.

(Ord. No. 01-26, § 44, 5-22-01)

It shall be unlawful for a worker of a commercial physical contact parlor to commit any of the following acts or for an operator of a commercial physical contact parlor to knowingly or with reason to know, permit, suffer, aid, assist, or allow any worker to commit any of the following acts:

(1)

Fail to, while engaged in providing in commercial physical contact, wear a clean outer garment in the nature of a surgical gown;

(2)

Display or expose specified anatomical areas to a customer at a commercial physical contact parlor;

(3)

Fail to require, at all times, all customers to cover the customer's specified anatomical areas by a towel, cloth, robe, undergarment, swimsuit or other similar fully opaque material while in the presence of a worker;

(4)

Perform commercial physical contact on a customer while not on the premises of a commercial physical contact parlor licensed under this code;

(5)

Engage in, or offer to engage in, any escort services or private modeling in relation to the commercial physical contact parlor;

(6)

Solicit or require a customer to remove any item of clothing as a prerequisite to providing commercial physical contact;

(7)

Solicit a tip or gratuity in exchange for a promise or suggestion of any act or enhanced service.

(Ord. No. 01-26, § 45, 5-22-01)