(a)

Purpose. It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the purpose nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the purpose nor effect of this article to condone or legitimize the distribution of obscene material.

(b)

Finding and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Commission, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 92002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, 337 F.3d 1251 (11th Cir. 2003); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Wise Enters. v. Unified Gov't of Athens-Clarke County, 217 F.3d 1360 (11th Cir. 2000); BZAPs, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); Board of County Commissioners v. Dexterhouse, 348 So. 2d 916 (Fla. Dist. Ct. App. 1977); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); Gammoh v. City of La Hara, 395 F.3d 1114 (9th cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); 5634 East Hillsborough Ave., Inc. v. Hillsborough County, No. 8:06-cv-1695, R. 51 (M.D. Fla. Oc. 4, 2007); Illinois One News v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); Illinois ex rel. Deters v. The Lion's Den, Inc., No. 04-CH-26 (Ill. 4th Judicial Circuit, Effingham County July 13, 2005);

and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona -1979, 1995—98; Chattanooga, Tennessee - 1999—2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square - 1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the City Commission finds:

(1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, public safety risks, prostitution, potential spread of disease, lewdness, public indecency, illicit sexual activity, illicit drug use and drug trafficking, undesirable and criminal behavior associated with alcohol consumption, negative impacts on surrounding properties, litter, and sexual assault and exploitation.

(2)

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating in the future. This substantial government interest in preventing secondary effects, which is the city's rationale for this article, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. The city finds that the cases and secondary effects documentation relied on in this article are reasonably believed to be relevant to said secondary effects.

(Ord. No. 08-11, § 1, 2-23-09)

As used in this article, the following definitions shall apply:

Adult bookstore or film store means an establishment having as a substantial portion of its stock in trade books, magazines, other periodicals, films, videotapes, video disks or similar items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below).

Adult cabaret means a bar, lounge, club or other establishment which sells, dispenses, serves or allows the consumption of alcoholic beverages on the premises and which features as part of the regular entertainment topless or bottomless dancers, strippers, whether male or female, or similar entertainers whose acts are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below).

Adult motel means a hotel, motel or similar commercial establishment which:

(a)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or

(b)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(c)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult photographic or art studios means a place or establishment wherein a substantial portion of the services or stock in trade consists of photographs, drawings, sketches, paintings, statues, effigies or the like, including those which are made or exhibited on the premises, and which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below).

Adult mini-motion picture theater or drive-in means an enclosed building or open air establishment with a capacity for fewer than 50 persons in which a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), for observation by patrons therein.

Adult motion picture theater or drive-in means an enclosed building or open air establishment with a capacity of 50 or more persons in which a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), for observation by patrons therein.

Emphasis or emphasis on means that the type of matter specified is the apparent matter upon which the particular work or exhibition is based, or that the matter specified is a substantial portion of such work or exhibition. Because of the matters specified in definitions of "specified sexual activities" and "specified anatomical areas" of this section, the establishments exhibiting, creating or selling such goods or exhibitions are not generally open to juveniles.

Established places of religious assembly means established places of worship at which nonprofit religious services are regularly conducted and carried on.

Public playground or public park means properties and facilities owned and operated by any governmental agency which are open to the general public for recreational purposes and shall include the Greenway Trail.

Regulated use or adult or sexually oriented establishment means any use specified and defined in "adult bookstore or film store", "adult cabaret", "adult motel", "adult photographic or art studios", "adult mini-motion picture theater or drive-in" and "adult motion picture theater or drive-in" of this section.

Residential zoning district means any parcel with a city zoning district designation of R1, R2, R2a or agricultural or a Levy County Zoning District designation of F/RR, A/RR, RR, RR-2, RR-3C, RR-3M, or R.

School means a public or private educational institution offering students a conventional academic curriculum, including daycares, kindergartens, elementary schools, middle schools, high schools, colleges and universities. Such term shall also include all adjacent properties owned and used by such schools for educational or recreational purposes.

Specified sexual activities means:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy; and

c.

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

Specified anatomical areas means:

a.

Less than completely and opaquely covered:

1.

Human genitals.

2.

Pubic region.

3.

Buttock.

4.

Female breast below a point immediately above the top of the areola.

b.

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

(Ord. No. 08-11, § 2, 2-23-09)

Any adult or sexually oriented establishment must meet the following requirements:

(i)

It may not be established or continued in any zoning district other than industrial (I-1 or I-2);

(ii)

It may not be established unless all other requirements of the City Code of Ordinances pertaining to such districts and to buildings generally are met; and

(iii)

It must be situated at least:

(1)

One thousand feet from any established place of religious assembly, school, public playground, public park or any residential zoning district, located within the city; and

(2)

Five hundred feet from any established place of religious assembly, school, public playground, public park or any residential zoning district, located outside of the city's municipal boundaries.

For purposes of the distance limitations, the measurement shall be made by extending a straight line from the main entrance of the building of the adult or sexually oriented establishment to the front door of the main building occupied by any established place of religious assembly or to the nearest property line of any residential zoning district, playground, school or park.

(Ord. No. 08-11, § 3, 2-23-09)

Any use herein defined as a regulated use or an adult or sexually oriented establishment which is established in conformity with this section and other applicable laws and ordinances shall not be made unlawful if, subsequent to the establishment and operation of such regulated use, a place of religious assembly, school, playground, park or residential zoning district is created or established within the distance limitations for the regulated use specified in this section. Nothing in this ordinance shall be construed to prohibit the establishment and operation of a place of religious assembly, school, playground, park or residential zoning district within the distance limitations for the regulated use specified in this article.

(Ord. No. 08-11, § 5, 2-23-09)

It shall be unlawful for any person to establish or continue any regulated use or an adult or sexually oriented establishment in violation of the provisions of this article.

(Ord. No. 08-11, § 6, 2-23-09)

Unless otherwise specified, the provisions of this article may be enforced by:

(a)

A suit brought by the city attorney, with the consent of the city commission, in the circuit court to restrain, enjoin, or prevent a violation of this article; or

(b)

Enforcement proceedings by the city code enforcement board; or

(c)

Prosecution in a court of competent jurisdiction; or

(d)

Civil citation process; or

(e)

Any other means available pursuant to law or ordinance.

(Ord. No. 08-11, § 7, 2-23-09)

Anyone who is determined to be in violation of any of the provisions of this article shall be punished as provided in section 1-14 of the city's Code of Ordinances, with a maximum fine per violation of $300.00. Each day the violation continues shall be considered a separate offense.

(Ord. No. 08-11, § 8, 2-23-09)

This article shall be liberally construed to accomplish its purpose as set forth in section 126-271 of this article.

(Ord. No. 08-11, § 9, 2-23-09)

Nothing in this ordinance shall be construed as permitted or allowing a violation of any state or federal law, including F.S. Ch. 847, relating to obscenity.

(Ord. No. 08-11, § 10, 2-23-09)