The following words used in this article shall have the meanings indicated except where the context clearly indicates otherwise:

Business, profession and occupation do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in this state, which institutions are more particularly defined and limited as follows:

(1)

Charitable institutions shall mean only nonprofit corporations operating physical facilities in Florida at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay.

(2)

Educational institutions shall mean state tax-supported or parochial, church and nonprofit private schools, colleges, or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption.

(3)

Religious institutions shall mean churches and ecclesiastical or denominational organizations, or established physical places for worship in this city at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries.

Classification means the method by which a business or group of businesses is identified by size or type, or both.

Local business tax receipt means the method by which the city grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or taxes paid to any board, commission or officer for permits, registration, examination or inspection which are hereby deemed to be regulatory and in addition to and not in lieu of any local business tax imposed under the provisions of this chapter unless otherwise provided by law.

Taxpayer means any person liable for taxes imposed under the provisions of this chapter, any agent required to file and pay taxes imposed hereunder, and the heirs, successors, assignees and transferees of any such person or agent.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

No person or association of persons shall engage in or manage any business, profession, or occupation required to be taxed by this chapter without first having paid the amount of the local business tax required to the city manager for the use and benefit of the city, and obtained a local business tax receipt therefor, which local business tax receipt shall be issued to said person on receipt of the amount hereinafter provided and shall be signed by the city manager or designee, and the seal of the city shall be affixed.

Local business taxes vary depending on the nature of business. A receipt is required for each place of business and for each separate classification at the same location. Receipts are transferable when there is a change of ownership, business location or trade name.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

Any person who does not maintain a permanent business or branch office within the City of Crystal River, but who desires to transact business or engage in any occupation hereinafter named within the city, shall on the form provided, register with the city manager of the City of Crystal River, or his representative. Those businesses, professions and occupations required to be licensed by the Florida Department of Professional Regulation shall submit a copy of their current Florida state license. Applicants for registration may also be required to submit proof of insurance and a copy of the license of that municipality or governmental subdivision in which a permanent business location is maintained. Such registration shall be accomplished prior to commencement of any business, profession or occupation within the city and shall be subject to a registration fee of twenty dollars ($20.00), and shall be valid from date of issuance to the next succeeding October first.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

All commercial vehicles and vessels operating within the city limits shall have the name of the business, the phone number of the business, the business tax receipt number, marked in a minimum of three (3) inch high block letters that are of contrasting color and easily visible from fifty (50) feet away. Vehicles are allowed to affix magnetic signs that conform with the above requirements.

(Ord. No. 17-O-11, Exh. A, 11-13-2017)

The city manager or his representative shall keep a printed record of all local business tax receipts issued pursuant to this article showing the date of issuance and the amount of the fee paid, and for what purpose the local business tax receipt was issued. The local business tax receipt shall be consecutively numbered, and shall correspond with the numbers kept in the printed record.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

(a)

All local business tax receipts shall be sold by the city beginning on July first of each year and shall be due and payable on or before September thirtieth of each year and shall expire on September thirtieth of the succeeding year. Those business tax receipts not renewed by October first shall be considered delinquent and subject the business owner to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each subsequent month of delinquency thereafter until paid, provided that the total delinquency penalty may not exceed twenty-five (25) percent of the local business tax fee for the delinquent establishment.

(b)

Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required local business tax within one hundred fifty (150) days after the initial notice of tax due, and who does not obtain the required local business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and penalty of up to two hundred fifty dollars ($250.00).

(c)

It shall be the duty of the city manager or his designee to give notice by mail to each and every person doing business within the city limits during the first ten (10) days of the month of October of each year and at any other time that he may have reason to believe that any person is doing business within the city without a local business tax receipt as required by this article. If the city manager, and Citrus County Sheriff's Deputy, or the code enforcement officer shall ascertain, or have reasonable cause to believe that any person as required by this article to obtain a city local business tax receipt is doing business without having obtained such tax receipt, it shall be his duty to notify the person of such violation, either in person or by mail.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

No local business tax receipt shall be issued for more than one (1) year, and all local business tax receipts shall expire on the thirtieth day of September of each year, but fractional local business tax receipts, except as hereinafter provided, may be issued to expire on that date at a proportionate rate estimated from the first of the month from which business taxes are issued.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

(a)

Local business tax receipts issued pursuant to this article may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of evidence of the sale and the original local business tax receipt to the city manager.

(b)

Upon written request and presentation of the original business tax receipt to the city manager (or designee), and payment of a transfer fee of up to ten (10) percent of the annual business tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00), a local business tax receipt issued under this article may be transferred from one (1) location in the city to another.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

Vehicles used by any person for the delivery of personal tangible property from his place of business, taxed under this article, shall not be construed to be a separate place of business, and no local business tax may be levied on such vehicles or the operators thereof as salesmen or otherwise.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

The tax shall be uniform throughout any class.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

For any business, profession or occupation not listed in section 11-14, the business tax levied shall be the same as that which in the opinion of the city manager or his designee is most similar to the proposed business, profession, or occupation.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

In the event of a disagreement between the applicant and the city on the question of the proper classification of any business, occupation or profession for business tax purposes, the city manager shall decide the classification with the right of the applicant to appeal from such decision to the council, whose decision shall be final.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

A local business tax receipt for the privilege of engaging in or managing any business, profession or occupation within the city is hereby levied on:

(1)

Any person who maintains a permanent business location or branch office within said municipality for the privilege of engaging in or managing any business within its jurisdiction; and

(2)

Any person who maintains a permanent business location or branch office within said municipality for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and

(3)

Any person who does not qualify under the provisions of subsections (1) and (2) above and who transacts any business or engages in any occupation or profession in interstate commerce where such local business tax is not prohibited by Section 8 of Article 1 of the United States Constitution.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

No local business tax receipt shall be issued, renewed or transferred unless the business, occupation or profession is in compliance with all applicable zoning regulations.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

(a)

All disabled persons physically incapable of manual labor, widows with minor dependents, and persons sixty-five (65) years of age or older with not more than one (1) employee or helper and who use their own capital only not in excess of one thousand dollars ($1,000.00) who live in this county shall be allowed to engage in any business or occupation in counties in this city without being required to pay for a local business tax receipt. The exemption provided by this section shall be allowed only upon the certificate of the county physician or other reputable physician that the applicant claiming the exemption is disabled, the nature and extent of the disability being specified therein; and in case the exemption is claimed by a widow with minor dependents, or a person over sixty-five (65) years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. In no event under this or any other law shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a local business tax receipt to sell intoxicating liquors or malt and vinous beverages.

(b)

Any bona fide, permanent resident elector of the state who served as an officer or enlisted person during any of the periods specified in Florida Statutes, Section 1.01 (14) in the Armed Forces of the United States, National Guard or United States Coast Guard or Coast Guard Reserve or any temporary member thereof who has actually been or may hereafter be reassigned by the Air Force, Army, Navy, Coast Guard or Marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States and who, at the time of his or her application for a local business tax receipt as hereinafter mentioned, shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the state and production of an honorable discharge from the service of the United States:

(1)

Be granted a local business tax receipt to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the business owner as a means of livelihood and for which the municipal tax does not exceed the sum of fifty dollars ($50.00) for each without payment of any business tax otherwise provided for by law; or

(2)

Be entitled to an exemption to the extent of fifty dollars ($50.00) on any business tax to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the business owner as a means of livelihood when the municipal tax for such business or occupation shall be more than fifty dollars ($50.00). The exemption heretofore referred to shall extend to and include the right of business owner to operate an automobile-for-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the business owner and is being operated by him or her as a means of livelihood and that the proper business tax for the operation of such motor vehicle for private use has been applied for and attached to such motor vehicle and the proper fees therefor paid by the business owner.

(c)

When any such person applies for a local business tax receipt to conduct any business or occupation for which the municipal tax as fixed by law shall exceed the sum of fifty dollars ($50.00), the remainder of such business tax in excess of fifty dollars ($50.00) shall be paid by him in cash.

(d)

The tax collecting authority of this municipality shall issue to such persons as may be entitled hereunder a local business tax receipt pursuant to the foregoing provision and subject to the conditions thereof. Such local business tax receipt when issued shall be marked across the face thereof "Veterans Exempt Local Business Tax Receipt Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of such tax collecting authority by means of certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting:

(1)

A certificate of government-rated disability to an extent of ten (10) percent or more;

(2)

The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood.

(3)

The certificate of the veteran's service officer of this county, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a local business tax receipt within the meaning and intent of this section.

(4)

A pension certificate issued to him or her by the United States by reason of such disability; or

(5)

Such other reasonable proof as may be required by the tax collecting authority to establish the fact that such applicant is so disabled.

All local business tax receipts issued under this section shall be in the same general form as other municipal taxes and shall expire at the same time as such other local business tax receipts are fixed by law to expire.

(e)

All local business tax receipts obtained under the provisions of this section by the commission of fraud upon the issuing authority shall be deemed null and void. Any person who has fraudulently obtained any such local business tax receipt, or who has fraudulently received any transfer of a local business tax receipt issued to another, and has thereafter engaged in any business or occupation requiring a local business tax receipt under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required local business tax receipt under the laws of the state. Such local business tax receipt shall not be issued unless such veteran is a bona fide resident citizen elector of this county, unless such veteran applying therefor shall produce to the tax collecting authority of this city a certificate of the tax collector of his or her home county to the effect that no exemption from local business tax receipt has been granted to such veteran in his or her home county under the authority of this section.

(f)

In no event, under this or any other law, shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a local business tax receipt to sell intoxicating liquors or malt and vinous beverages.

(g)

The un-remarried spouse of the deceased disabled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions as the disabled veteran.

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

The following enumerated business taxes shall be paid to the city, by the persons engaging in or managing or transacting the several businesses, occupations, or professions listed below, on a yearly basis, unless otherwise specified:

A

(1)

ABSTRACT AND TITLE COMPANIES, preparing abstracts and charging a fee therefor .....$100.00

(2)

ACCOUNTANTS .....50.00

(3)

ADMINISTRATIVE OFFICE .....50.00

(4)

AGENTS AND AGENCIES: .....

a.

Advertising. Agents or solicitors .....50.00

(See Canvassing)

b.

Foreign firms or corporations. Soliciting business for foreign firms or corporations, the principal paying no license tax in the town .....50.00

c.

Linens. Leasing linens .....50.00

d.

Motorboats .....50.00

e.

Nursery stock .....25.00

f.

Oriental goods .....25.00

g.

Packinghouses .....50.00

h.

Real estate. Brokers .....50.00

i.

Safes. Dealers in safes or for the exchange of safes .....50.00

j.

Soft water. Service agents .....50.00

k.

Stamps for sales promotion. Selling stamps to merchants for sales promotion .....100.00

l.

Steamship. For each steamship company represented .....250.00

m.

Stocks and bonds .....100.00

n.

Miscellaneous. Businesses not specifically mentioned .....50.00

(5)

AIRPLANES, for hire .....200.00

(6)

ANIMAL HOSPITALS .....50.00

(7)

ANIMALS: .....

a.

Dealers .....25.00

b.

Exhibitions .....25.00

(8)

AQUARIUMS .....50.00

(9)

ARCHITECTS .....See administrative office

(10)

ASPHALT, dealers and terminals .....250.00

(11)

ASTROLOGERS .....100.00

(12)

ASTRONOMERS, on streets, charging fee .....25.00

(13)

ATTORNEYS .....See administrative office

(14)

AUDITING COMPANIES and auditors .....See administrative office

(15)

AUCTIONEERS .....100.00

No business tax receipt shall be issued to a firm or corporation but to one (1) person named who shall personally do the auctioneering.

(16)

AUTOMOTIVE: .....

a.

Advertising. For profit, with or without any noise-making device .....200.00

b.

Body and fender shops .....50.00

c.

For hire. Automobiles or trucks .....50.00

d.

Garages .....50.00

Not selling automobiles or trucks and not selling automobile or truck parts at retail or wholesale except as replacement on automobiles and trucks .....50.00

e.

Greasing. Not operated in connection with other business .....50.00

f.

(Reserved) .....

g.

Mechanical adjusters. Not paying regular garage or service station license .....50.00

h.

Motorcycle repairs. (See: Bicycle and motorcycle repairs) .....

i.

Moving van companies .....50.00

j.

New car dealers .....50.00

k.

Parking lots, outdoor .....50.00

l.

Painting .....50.00

m.

Storage. Places for rent .....50.00

n.

Taxicabs and other vehicles for hire. Operators and drivers of any taxicab, taxi buses, automobile trucks or other motor vehicles carrying passengers for hire—first three (3) cars .....50.00

o.

Tire repairers. Not paying regular garage or service station tax .....50.00

p.

U-Drive-It cars .....50.00

q.

Used car dealers .....50.00

r.

Washing. Not operated in connection with other business .....50.00

s.

Wrecking service for dismantling .....50.00

(17)

AWNINGS, manufacturers or erectors .....50.00

B

(18)

BAKERY .....50.00

(19)

BALL MACHINES, MARBLE MACHINES, PINBALL MACHINES and similar games and machines not specifically covered by this chapter. Local business tax receipts shall be bought for each machine by serial number and is not transferable to another machine. Per machine .....25.00

(20)

BANKS .....200.00

(21)

BARBERSHOPS, up to three (3) chairs .....50.00

(22)

BARREL FACTORIES .....50.00

(23)

BATTERY STATIONS, not paying other licenses .....50.00

(24)

BEAUTY PARLORS: .....

a.

Up to three (3) operators .....50.00

b.

Each operator, over three (3), additional .....25.00

(25)

(Reserved) .....

(26)

BICYCLE AND MOTORCYCLE REPAIRS. Only one (1) business tax receipt for both occupations .....50.00

(27)

BICYCLE RINKS (See: Rinks) .....

(28)

BILL POSTING. Signs off premises where business is located: .....

a.

Less than ten (10) square feet .....25.00

b.

More than ten (10) square feet, but less than twenty (20) square feet .....25.00

c.

Twenty (20) square feet or more .....50.00

(29)

BILLIARD PARLORS: Pool, bagatelle and Jenny Lind tables, whether operated or not, up to three (3) tables .....50.00

(30)

BLACKSMITH SHOPS .....50.00

(31)

BOARDINGHOUSES (See: Hotels) .....

(32)

BOATS: .....

a.

Builders: .....

Employing 2—10 persons .....50.00

Employing 11—100 persons .....100.00

Employing 101—500 persons .....200.00

b.

Marinas, storage, etc. .....50.00

(33)

BONDED WAREHOUSES .....50.00

(34)

BONDING COMPANIES. Persons in the business of making bonds for profit .....200.00

(35)

BONDS and stocks: .....

a.

Agents .....50.00

b.

Dealers .....50.00

(36)

BOOT AND SHOEMAKERS or repairers .....50.00

(37)

BOWLING ALLEYS .....50.00

(38)

BOX FACTORIES .....50.00

(39)

BRICK, STONE OR CEMENT: Dealers, manufacturers or agents for the sale of brick or stone or cement products, including those soliciting orders for, or having an office in the city and who deliver brick or stone inside or outside the city .....50.00

(40)

BROADCASTING STATIONS, for sales of advertising within the city .....100.00

(41)

BROKERS: Fruits and vegetables. Selling fruits, vegetables or merchandise exclusively from railroad cars, trucks or boats, from each car, truck or boat .....50.00

(42)

BUILDINGS AND LOAN ASSOCIATIONS or agents, domestic .....150.00

(43)

BUILDING SUPERINTENDENTS .....50.00

(44)

BURIAL VAULTS or other concrete products manufactured for sale, other than building units .....50.00

(45)

BUSINESS COLLEGES .....50.00

(46)

BUTCHERS selling meats at wholesale or retail .....50.00

C

(47)

CABINET SHOPS .....50.00

(48)

CAFES (See: Restaurants) .....

(49)

CANDY: .....

a.

Manufacturers .....50.00

b.

Sales, wholesale or retail .....50.00

(50)

CANE RACKS, knife racks, lifting machines, striking machines, merry-go-rounds and similar amusement devices .....25.00

(51)

CANVASSERS: .....

a.

Book agents or canvassers for sales of books, maps, periodicals, magazines, stationery and similar materials .....50.00

b.

Circulars, pamphlets, etc. Persons distributing circulars, pamphlets or other advertising matter for persons not taxed by the city to carry on the business thus advertised, per day .....25.00

c.

Building materials, hardware, roofing, paints, etc. .....200.00

d.

For card writers. (See: Card writers) .....

e.

Mail order houses, soliciting for .....50.00

f.

Representing foreign firms or corporations soliciting orders for or selling furniture, household goods, musical instruments, etc., at retail .....50.00

(52)

CARD WRITERS and engravers or canvassers for .....50.00

(53)

CARPENTER SHOPS employing two (2) or more persons .....50.00

(54)

CASH REGISTERS, agents or dealers .....50.00

(55)

CASKETS. Dealers, when not taxed as undertaking establishment .....50.00

(56)

CIGAR manufacturers .....50.00

(57)

CIRCUSES .....1,000.00

(58)

CIVIL ENGINEERS .....50.00

(59)

CLAIM AND COLLECTION AGENCIES (See: Agents and agencies) .....

(60)

CLAIRVOYANTS, fortunetellers, mind readers and similar occupations .....100.00

(61)

CLEANERS of clothes and dyeing establishments: .....

a.

Employing five (5) persons or less .....50.00

b.

Employing more than five (5) persons .....100.00

(62)

CLEANERS of swimming pools .....50.00

(63)

CLOTHING: .....

a.

Sales from samples. (See: Agents and agencies) .....

b.

Secondhand dealers (subject to same regulations as pawnbrokers) .....50.00

(64)

COFFEE ROASTERS, in connection with other business paying tax .....25.00

(65)

COFFINS. Dealers, when not taxed as undertaking establishments .....50.00

(66)

COLD STORAGE PLANTS .....50.00

(67)

CONCERTS for which admission is charged except for church purposes or charity affairs, each performance .....25.00

(68)

CONTEST COMPANIES. Persons conducting contests by offering premiums or other inducements for advertising purposes or for the purpose of stimulating or increasing trade .....100.00

(69)

CONTRACTORS: .....

a.

Including general construction, either on a fee basis, contract basis or salary basis .....100.00

b.

Contractor, defined. As used in this section, contractor shall mean any person contracting to furnish labor, materials or both in connection with specified work. .....

c.

Electrical .....50.00

d.

Plumbing .....50.00

e.

Street and road .....200.00

f.

Subcontractors .....50.00

(70)

CRATE FACTORIES .....50.00

(71)

CREDIT RATING. Persons giving information as to. (See: Agents and agencies) .....

D

(72)

DANCE HALLS. Operated in connection with place where food and/or drinks are sold, where admission is charged or where customer pays for music .....50.00

(73)

DANCING SCHOOLS .....50.00

(74)

DEALERS: .....

a.

Animals .....50.00

b.

Merchants. (See: Merchants) .....

c.

Stocks and bonds. Dealers and/or brokers .....50.00

(75)

DECORATORS, interior .....50.00

(76)

DENTISTS .....100.00

(77)

DIRECTORIES, city, county or state; each person making or offering for sale .....50.00

(78)

DIVINE HEALERS .....400.00

(79)

DOCTORS .....100.00

(80)

DOG EXHIBITIONS .....25.00

(81)

DRIVING RANGES .....50.00

(82)

DRY DOCKS .....100.00

(83)

DYERS and cleaners of clothes: .....

a.

Employing five (5) persons or less .....50.00

b.

Employing more than five (5) persons .....100.00

E

(84)

ELECTRIC LIGHT COMPANIES or persons furnishing electric lights or power .....250.00

(85)

ELECTROTHERAPISTS .....100.00

(86)

ENTERTAINERS for which admission is charged except for church purposes or charity affairs .....25.00

(87)

EQUIPMENT RENTAL .....50.00

(88)

EXHIBITIONS for which admission is charged except for church purposes or charity affairs .....25.00

a.

Animals. (See: Animals) .....

b.

Freaks. (See: Freak exhibitions) .....

(89)

EXPRESS COMPANIES .....50.00

(90)

EXTERMINATORS .....50.00

F

(91)

FACTORIES .....50.00

(92)

FAITH HEALERS .....100.00

(93)

FERRIS WHEEL .....25.00

(94)

FERTILIZER, factory and/or mixing plant .....400.00

(95)

FILLING STATIONS .....50.00

(96)

FINANCE COMPANIES and persons other than banks lending money or purchasing, selling or collecting, as a business, notes, mortgages or other evidences of indebtedness .....100.00

(97)

FIRE SALES: .....

a.

Handling stock of goods valued at over $1,000.00, but not exceeding $5,000.00 .....50.00

b.

Handling stock of goods valued at over $5,000.00 .....100.00

(98)

FISHING POLES, manufacturing cured fishing poles .....50.00

(99)

FLOOR SANDERS .....50.00

(100)

FLORISTS: .....

a.

Employing not more than five (5) persons .....50.00

b.

Employing more than five (5) persons .....100.00

(101)

FOREIGN FIRMS OR CORPORATIONS: Principal not paying city license. (See: Agents and agencies) .....

(102)

FORTUNETELLERS .....100.00

(103)

FOUNDRIES .....50.00

(104)

FREAK EXHIBITIONS .....50.00

(105)

FURNITURE: .....

a.

Packers, shippers and/or storage .....50.00

b.

Solicitors for foreign firms selling. (See: Canvassers) .....

G

(106)

GAMES, such as shuffleboard, throwing balls at figures and the like for profit, per game .....25.00

(107)

GASOLINE: .....

a.

Retail dealers .....50.00

b.

Wholesale .....50.00

c.

Companies selling fuel and/or heating and/or cooking gas or oil and kerosene .....50.00

(108)

GOLDSMITHS .....50.00

(109)

GOLF: .....

a.

Driving ranges .....50.00

b.

Miniature .....50.00

(110)

GRAVEL AND SAND, dealers, agents and salesmen, two (2) trucks allowed .....50.00

Each additional truck .....25.00

(111)

GUARANTY COMPANIES. Persons in the business of making bonds for profit .....200.00

H

(112)

HATS, cleaning and blocking .....50.00

(113)

HAWKERS or vendors of medicines, drugs or patent medicines or other preparations purporting to possess medicinal virtues (other than licensed pharmacists); and hawkers or peddlers who occupy any part of the street or sidewalk by displaying or crying their wares or who, by music or other entertainment or harangue, endeavor to attract crowds for the purpose of selling their wares, per day (no exceptions) .....100.00

(114)

HERBALISTS and others (except licensed physicians) professing to cure disease, injuries or deformities by drugs, ointments, expedients or devices of any kind .....50.00

(115)

HOSPITALS, private .....200.00

(116)

HOTELS (and motels): .....

a.

Hotels/motels providing sleeping accommodations for persons: .....

For accommodations for 5—19 persons .....50.00

For accommodations for 20—29 persons .....100.00

b.

If meals are served, a restaurant license must be procured in addition to the license for accommodations. .....

c.

House/condominium/apartment rentals >2 rentals .....

(117)

HOUSE MOVERS .....50.00

(118)

HOUSEHOLD GOODS, soliciting for foreign firms selling. (See: Canvassers) .....

(119)

HOUSES: Builders of, for resale .....100.00

(120)

ICE: .....

a.

Delivery service, each transportation unit .....25.00

b.

Factories and wholesale dealers, each place of business .....50.00

c.

Retail dealers .....50.00

(121)

ICE CREAM: .....

a.

Retail, if not in conjunction with another business .....25.00

b.

Sold from pushcarts .....25.00

(122)

INSURANCE: .....

a.

Agencies .....50.00

Each additional broker or solicitor .....25.00

b.

Adjusters, resident .....50.00

c.

Title insurance .....100.00

d.

All other types of insurance companies doing business in the city .....50.00

(123)

INTERIOR DECORATORS .....50.00

J

(124)

JEWELRY REPAIR .....50.00

(125)

JOB PRINTERS .....50.00

(126)

JUNK, shops or dealers, dealing in junk, old iron, rags, etc., including those gathering around the city in wagons or trucks .....50.00

K

(127)

KNIFE AND SCISSORS GRINDERS .....25.00

L

(128)

LABOR BROKERS (See: Brokers) .....

(129)

LAND AND DEVELOPMENT COMPANIES when not paying real estate broker, contractor or builder license .....50.00

(130)

LAUNDERETTES .....50.00

(131)

LIBRARIES, private, renting books .....25.00

(132)

LIGHTNING RODS, selling or erecting: .....

a.

Agents. (See: Agents and agencies) .....

b.

Dealers .....50.00

(133)

LOCKSMITHS .....50.00

(134)

LUBRICATING OIL, kerosene, distillate; delivered by truck where no gasoline pump license is paid, per truck .....50.00

M

(135)

MACHINE SHOPS: .....

a.

Three (3) to five (5) employees .....50.00

b.

Six (6) or more employees .....100.00

(136)

MANUFACTURERS: .....

a.

Employing: .....

Ten (10) to thirty (30) persons .....50.00

More than thirty (30) persons .....100.00

b.

Cloth goods .....100.00

(137)

MASSEURS .....50.00

(138)

MATTRESSES, repairing and/or manufacturing .....50.00

(139)

MEDIUMS .....100.00

(140)

MERCHANTS, other than those specifically mentioned in this chapter, having a stock of merchandise, the cost of which is: .....

a.

$1.00 to $1,000 .....25.00

b.

More than $1,000.00 and less than $10,000.00 .....50.00

c.

More than $10,000.00 and less than $25,000.00 .....100.00

d.

More than $25,000.00 .....150.00

(141)

MIND READERS .....100.00

(142)

MINIATURE GOLF .....50.00

(143)

MOTORBOATS, dealers and/or agents .....50.00

(144)

MOTORS, winding .....50.00

(145)

MUSIC MACHINES or electric phonographs run by depositing a coin, per machine .....25.00

N

(146)

NEWSPAPERS: .....

a.

Two (2) issues or less per week .....50.00

b.

More than two (2) issues per week .....200.00

(147)

NIGHTCLUBS .....100.00

(148)

NURSERY STOCK, agents or dealers .....50.00

O

(149)

OPTICIANS .....50.00

(150)

OPTOMETRISTS .....50.00

(151)

ORCHESTRAS, string or otherwise .....50.00

(152)

ORIENTAL GOODS, dealers and/or agents .....50.00

(153)

OSTEOPATHS .....100.00

P

(154)

PACKINGHOUSES and agents and/or dealers .....50.00

(155)

PAWNBROKERS. All persons (except banks or bankers) whose business includes or consists of the taking, buying or selling, assignments of or contracts for the purchase, sale, transfer or assignment of wages or salaries earned or to be earned in the future by any persons employed by any other persons .....200.00

(156)

PEANUTS: .....

a.

And popcorn roasters .....25.00

Selling from pushcarts or stands on streets, each cart or stand .....50.00

b.

Distributors. (See: Distributors) .....

(157)

PEDDLERS .....50.00

(158)

PET SHOPS .....50.00

(159)

PETROLEUM PRODUCTS: .....

a.

Retail dealers .....50.00

b.

Wholesale .....50.00

c.

Companies selling fuel and/or heating and/or cooking gas or oil and kerosene .....50.00

(160)

PHOTOGRAPHERS .....50.00

(161)

PHYSICIANS .....100.00

(162)

PHYSIOTHERAPISTS .....100.00

(163)

PIANO TUNERS .....50.00

(164)

PILE DRIVERS .....50.00

(165)

PIPE FITTERS .....50.00

(166)

PLANING MILLS .....50.00

(167)

POPCORN: .....

a.

And peanut roasters .....25.00

Selling from pushcarts or stands on streets, each cart or stand .....50.00

b.

Distributors. (See: Distributors) .....

(168)

PRINTERS .....50.00

(169)

PRIVATE HOSPITALS .....200.00

(170)

PROFESSIONS—See specific subject. Local business tax receipts shall be issued in individual names only and are required for each person practicing a profession. .....

R

(171)

RADIO: .....

a.

Broadcasting stations, for selling advertising in the city .....100.00

b.

Installation and repairs .....50.00

(172)

RAILROAD COMPANIES doing business in the city .....100.00

(173)

REAL ESTATE: .....

a.

Brokers, agents and/or dealers .....50.00

b.

Each solicitor or employee handling sales. This local business tax receipt is required irrespective of whether the agency is selling its own real estate. No exceptions will be granted .....25.00

(174)

RENT-A-CAR, per vehicle .....25.00

(174.1)

RENTALS (See: Tour guides/charter boats and watercraft) .....

(175)

REPAIR SHOPS .....50.00

(176)

RESTAURANTS, lunch stands and similar establishments: .....

a.

1—25 seats .....25.00

b.

More than 25 seats .....50.00

(177)

RETREADING (tires), vulcanizing, exclusive of other local business tax receipts .....100.00

(178)

RINKS: .....

a.

Permanent. Skating, bicycle, etc. This paragraph applies only to rinks located in permanent installations, and the rink shall be in operation a minimum of one (1) year to qualify for a permanent local business tax receipt. No local business tax receipt under this paragraph shall be issued without approval of the city council, and the closing time of 11:00 p.m. shall be stated in the local business tax receipt .....50.00

b.

Portable, temporary. Transient amusement businesses (including, but not limited to, skating rinks, bicycle rinks, shows and other amusement businesses) that are not permanent and that will not be housed in a permanent building and will not be in operation within the city a minimum of one (1) year at date of issuance with council approval .....50.00

S

(179)

SAFES, agents and/or dealers, sale or exchange .....50.00

(180)

SAND AND GRAVEL, dealers, agents and salesmen, two (2) trucks allowed .....50.00

Each additional truck .....25.00

(181)

SAUSAGE MANUFACTURERS, when not in connection with another business .....50.00

(182)

SAW MILLS .....50.00

(183)

SCALES: Weighing machines. (See: Machines) .....

(184)

SCISSORS AND KNIFE GRINDERS .....25.00

(185)

SEANCES for profit .....100.00

(186)

SEPTIC TANKS, builders .....50.00

(187)

SERVICE STATIONS .....50.00

(188)

SHEET METAL SHOPS .....50.00

(189)

SHIPBUILDING COMPANIES: .....

a.

Employing 2—10 persons .....50.00

b.

Employing 11—100 persons .....100.00

c.

Employing 101—500 persons .....200.00

(190)

SHOES: .....

a.

Secondhand dealers in .....25.00

b.

Shoemakers or repair .....25.00

(191)

SHOOTING GALLERIES: .....

a.

Permanent .....200.00

b.

Per month .....100.00

Shooting galleries must be located in permanent buildings.

(192)

SHOWS: .....

a.

Circuses. (See: Circuses) .....

b.

Exhibitions of paintings, statues, charts and the like, except when conducted not for profit .....25.00

(193)

SHUFFLEBOARD for profit, per game or device .....25.00

(194)

SIGNS: .....

a.

Electrical, neon, etc., operated in connection with another taxed business, including sheet metal shops, which a business tax receipt is necessary for the issuance of this local business tax receipt .....50.00

b.

Electrical, neon, etc., operated as a separate business. Sheet metal local business tax receipt as required by (a) .....50.00

c.

Sign painters .....50.00

(195)

SNOWBALLS .....25.00

Stands and the like shall not be operated within the fire zones of the city except in permanent buildings where other businesses are carried on.

(196)

SODA FOUNTAINS, serving lunches or sandwiches in addition; not in conjunction with other business: .....

a.

1—25 seats .....25.00

b.

More than 25 seats .....50.00

(197)

SOFT WATER, service agents .....50.00

(198)

SOLICITORS .....50.00

Canvassers. (See: Canvassers)

(199)

SPIRIT MEDIUMS .....100.00

(200)

STEAMSHIPS: .....

a.

Agents, for each company represented .....100.00

b.

Owners or operators, for each company .....100.00

(201)

STEVEDORING COMPANIES .....100.00

(202)

STOCKS AND BONDS: .....

a.

Agents .....50.00

b.

Dealers and/or brokers .....50.00

(203)

STONE QUARRIES or yards .....50.00

(204)

STORAGE: .....

a.

Automobiles. (See: Automotive) .....

b.

Cold storage. (See: Cold storage plants) .....

c.

Warehouses .....50.00

(205)

[Reserved.] .....

(206)

SURETY COMPANIES. Persons in the business of making bonds for profit .....200.00

(207)

SURGEONS .....100.00

(208)

SURVEYORS .....50.00

T

(209)

TAILORS, merchant or agent, selling suits to measure .....50.00

(210)

TAR PLANTS .....50.00

(211)

TATTOOING .....100.00

(212)

TAXICABS, first three (3) cars .....50.00

(213)

TAXIDERMISTS .....50.00

(214)

TELEGRAPH COMPANIES .....50.00

(215)

TELEPHONE COMPANIES .....300.00

(216)

TERMINALS for storing and shipping gasoline and petroleum products .....1,200.00

(217)

THEATERS .....50.00

(218)

TOUR GUIDES/CHARTER BOATS .....50.00

(219)

TRADING STAMPS. Selling stamps to merchants for sales promotion .....100.00

(220)

TRAILER PARKS .....50.00

(221)

TREE SURGEONS .....50.00

(222)

TURPENTINE STILLS .....50.00

U

(223)

U-DRIVE-IT CARS (See: Automotive) .....

(224)

UNDERTAKERS .....50.00

(225)

UPHOLSTERERS, furniture or antiques, when not in connection with another taxed business .....50.00

(226)

USED CAR DEALERS (See: Automotive) .....

V

(227)

VAULTS .....50.00

(228)

VEGETABLES: .....

a.

Stores and stands where no merchant's tax is paid .....50.00

(229)

VEHICLES FOR HIRE (See: Automotive) .....

(230)

VETERINARIANS .....50.00

(231)

VULCANIZING, retreading exclusive of other local business tax receipts .....100.00

W

(232)

WATERCRAFT RENTALS .....50.00

(233)

WATCH REPAIR .....50.00

(234)

WELDING, electric or acetylene, when not in connection with another taxed business .....50.00

(235)

WELL DRILLERS, with power equipment .....50.00

(236)

WINE (See: Beer) .....

(237)

WOODWORKERS, employing two (2) or more persons .....50.00

(238)

WOOD YARDS .....25.00

(239)

WOODWORKING FACTORIES .....50.00

(240)

WRECK SALES .....50.00

(Ord. No. 16-O-04, § 1(Exh. A), 6-13-2016; Ord. No. 17-O-11, Exh. A, 11-13-2017)

No occupational license issued pursuant to this chapter, as amended or its successor in function shall be issued to engage in the occupation of fortunetelling or to persons holding themselves out to be clairvoyants, palmists, astrologers, phrenologists, character readers, spirit mediums, absent treatment healers, or mental healers or engaged in any occupation of a similar nature until such person shall have been issued a permit therefor given by the city.

(Ord. No. 93-O-9, § 1, 8-9-93)

No permit shall be issued until after the following conditions have been met:

(1)

The applicant shall have been a resident of the State of Florida for at least two (2) years;

(2)

The applicant shall establish good moral character by not less than five (5) reputable citizens of Crystal River, and if the applicant has not resided in Crystal River for at least four (4) years, by not less than an additional five (5) reputable citizens from outside Crystal River within or without the State of Florida.

(3)

The application, in such form as shall be determined by the city manager, with a recent photograph of the applicant, shall be presented to the city manager who shall make an investigation of the applicant and provide a recommendation to the city council as to the issuance of the permit. The Crystal River Police Department shall aid and assist the city manager in conducting the investigation of any applicant for the permit required by this article.

(4)

The applicant shall not have been convicted of any crime involving moral turpitude, fraud, deceit, or any other act of dishonesty. For purposes of this section a withholding of adjudication of guilt or a plea of nolo contendere to such a charge shall constitute a conviction.

(5)

The applicant's primary place of business is conducted within a structure located not less than one thousand two hundred (1,200) feet from another structure within which it is conducted a business for which a permit is required by this article.

(6)

An administrative fee in the amount of one hundred dollars ($100.00) shall be paid by applicant to partially defray the costs of processing the application. This fee may be revised from time to time by a resolution adopted by the city council in a regularly scheduled city council meeting.

(7)

The applicant's primary place of business is conducted within a structure located not less than one thousand two hundred (1,200) feet from a structure used for religion or education.

(Ord. No. 93-O-9, § 1, 8-9-93)

Any permittee shall, at all times while engaging in the occupation for which this permit is issued, display at his or her place of business both all occupational license and the permit required herein. Failure or refusal to do so shall be prima facie evidence of engaging in such occupation without a license or permit.

(Ord. No. 93-O-9, § 1, 8-9-93)

Every permit issued pursuant to this article shall be valid for a period of not to exceed two (2) years and shall be deemed to expire at the same time as the applicant's most recent occupational license. The permit shall be renewed by reapplying and fulfilling all the conditions required in section 11-121 of this article.

A permit issued pursuant to this article may be revoked by the city manager upon a determination that:

(1)

A permittee has misrepresented or concealed facts on the application material to the applicant's entitlement to a permit; or

(2)

A permittee has been convicted of a crime involving moral turpitude, fraud, deceit or any other act of dishonesty or a similar crime.

(3)

The permittee shall be given notice in writing of intention to revoke the permit, the reasons therefore, and the time, date and place of the hearing required herein. No sooner than fifteen (15) days thereafter and no longer than thirty (30) days following the foregoing notice, a hearing shall be held before the city manager for the purpose of rendering a final decision regarding revocation. Any appeal taken with respect to the revocation shall be by certiorari to the circuit court of the Fifth Judicial Circuit in and for Crystal River. Any such appeal shall be made within thirty (30) days of the final decision of the city manager.

(Ord. No. 93-O-9, § 1, 8-9-93)

Any person, firm, corporation, association or agent thereof who shall violate the provisions of this article shall be subject, upon conviction, to a fine not to exceed the sum of five hundred dollars ($500.00) and/or imprisonment in the county jail for a period not exceeding sixty (60) days or by both such fine and imprisonment. Each day of violation of the provisions of this article shall constitute a separate offense.

(Ord. No. 93-O-9, § 1, 8-9-93)

This article shall not apply to Christian churches who heal the sick by prayers or regularly ordained ministers of churches who are members of the Florida State Spiritualist Ministerial Association whose charter is filed in the Library of Congress and is on record in the State Capitol in Tallahassee, Florida.

(Ord. No. 93-O-9, § 1, 8-9-93)

(a)

Intent. Residents accumulate many items which often are no longer desired to be retained by them. One (1) method of disposing of surplus items is through a sale method known as garage, carport, patio or yard sales and the like or by whatever name designated, all of which are heretofore and hereafter referred to as "garage sales" which shall not be considered as a home occupation or as a home business, but are subject to the following regulations.

(b)

Standards. In residential land-use districts, garage sales are permitted to be held for a period not to exceed three (3) days, on the basis of three (3) such activities per residence per year.

(Ord. No. 08-O-07, 2-25-2008; Ord. No. 22-O-24, § 1, 10-10-2022)

The intent of the city council in adopting these adult entertainment licensing provisions is to establish reasonable and uniform regulations that will protect the health, safety, morals and general welfare of the people of the city.

(Ord. No. 90-O-6, § 1, 7-23-90)

This adult entertainment ordinance licensing provision shall be liberally construed to accomplish its purpose of licensing, regulating and dispersing adult entertainment and related activities. Unless otherwise indicated, all provisions of this article shall apply equally to all persons regardless of sex. Masculine pronouns, such as he, his and him as employed in this article 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 suggest otherwise.

(Ord. No. 90-O-6, § 1, 7-23-90)

The terms used in this article are defined as follows unless the context suggests otherwise:

Adult bookstore: An establishment which sells or rents adult material 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 (10) 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 comprises less than twenty-five (25) 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 (10) 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 twenty-five (25) percent of the individual items publicly displayed at the establishment as stock in trade.

Adult booth: A small enclosure inside an adult entertainment establishment accessible to any person regardless of whether a fee is charged for access. The term adult booth includes but is not limited to a peep show booth or other booth used to view adult material. The term adult booth does not include a foyer through which any person can enter or exit the establishment or a rest-room.

Adult dancing establishment: An establishment where employees display or expose specified anatomical areas to others regardless of whether the employees actually engage in dancing.

Adult entertainment establishment: An adult theater, and adult bookstore or an adult dancing establishment operated for commercial or pecuniary gain. (Operated for commercial or pecuniary gain shall not depend upon actual profit or loss. Also, operated for commercial or pecuniary gain shall be presumed where the establishment has an occupational license). An establishment with an adult entertainment license is presumed to be an adult entertainment establishment.

Adult material: Any one (1) or more of the following regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides or other visual representations or recordings or other audio matter 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, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel: Any motel, hotel, boardinghouse, roominghouse or other place of temporary lodging which includes the word adult in any name it uses or otherwise advertises the presentation of films, motion pictures, videocassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. The term adult motel is included within the definition of adult theater.

Adult theater: An establishment which, except as set forth in the final sentence of this paragraph, consists of an enclosed building or a portion or part of an enclosed building or an open-air area used for viewing by persons of films, motion pictures, videocassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. Adult motels are included within the definition of adult theater. An establishment which has adult booths is considered to be an adult theater.

Alcoholic beverage: A beverage containing more than one (1) percent of alcohol by weight.

(1)

It shall be prima facie evidence that a beverage is an alcoholic beverage if there is proof that the beverage in question was or is known as whiskey, moonshine rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer, malt liquor, port, sherry and/or wine or by any similar name or names or was contained in a bottle or can labeled as any of the above names or a name similar thereto and the bottle or can bears the manufacturer's insignia, name or trademark.

(2)

Any person who, by experience in the handling of alcoholic beverages, or who, by taste, smell or drinking of such alcoholic beverages, has knowledge of the alcoholic nature thereof may testify as to his opinion about whether such beverage is an alcoholic beverage.

City: The city council of the City of Crystal River, Florida.

City manager: The chief administrative officer or his designee.

Conviction: A determination of guilt resulting from plea or trial regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

Department: The building and zoning department, fire prevention division, health department or police department, including the respective director, employees and agents thereof.

Educational institution: A premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to or membership in the state department of education of Florida, Southern Association of Colleges and Secondary Schools or the Florida Council of Independent Schools. The term educational institution includes but is not limited to a premises or site upon which there is a nursery school, kindergarten, elementary school, middle school, senior high school, vocational institution or any special institution of learning. However, the term educational institution does not include a premises or site upon which there is a professional institution or an institution of higher education, including a community college, junior college, four-year college or university.

Employee: A person who works or performs in an adult establishment irrespective of whether said person is paid a salary or wage by the owner or manager of the premises.

Establishment: A site or premises or portion thereof upon which certain activities or operations are being conducted for commercial or pecuniary gain. (Operated for commercial or pecuniary gain shall not depend upon actual profit or loss. Also, operated for commercial or pecuniary gain shall be presumed where the establishment has an occupational license).

Inspector: A respective employee of the health department, building and zoning department, police department or fire prevention division or code inspector who inspects premises licensed under these provisions and takes or requires the actions authorized by these provisions in case of violations being found on licensed premises and who also inspects premises seeking to be licensed under these provisions and takes or requires corrections of unsatisfactory conditions found on the premises.

Licensee: Any person whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment.

Operator: Any person who engages in or performs any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist or supervisor.

Park: A tract of land within a municipality or unincorporated area which is kept for ornament and/or recreation and which is maintained as public property.

Permittee: A person who has obtained an adult entertainment permit pursuant to division 3, section 11-51 et seq., of these provisions.

Person includes but is not limited to an individual, associations, joint ventures, partnerships estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other or any other similar entity.

Private performance: The display or exposure of any specified anatomical area by an employee at an adult entertainment establishment to a person other than another employee while the person is in an area not accessible during such display to all other persons in the establishment or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons outside the area.

Religious institution: A premises or site which is used primarily or exclusively for religious worship and related activities.

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region; or

b.

Cleavage 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 turgid state even if completely and opaquely covered.

Specified criminal act:

(1)

A criminal violation as specified in division 5, § 11-80 et seq., hereof;

(2)

Any felony;

(3)

An offense under Chapter 794, Florida Statutes (Sexual Battery);

(4)

An offense under Chapter 796, Florida Statutes (Prostitution);

(5)

An offense under Chapter 800, Florida Statutes (Lewdness; Indecent Exposure);

(6)

An offense under Chapter 826, Florida Statutes (Bigamy; Incest);

(7)

An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity); or

(8)

An offense under an analogous statute of a state other than Florida or under an analogous ordinance of another county or city.

Specified sexual activities:

(1)

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

(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; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast or excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3).

Straddle dance, lap dance or face dance: The use by an employee of any part of his or her body to touch the genital or pubic area of a person while at the establishment or the touching of the genital or pubic area of any employee with a person while at the establishment. It shall be a straddle dance regardless of whether the touch or touching occurs while the employee is displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching is direct or through a medium.

(Ord. No. 90-O-6, § 1, 7-23-90)

It is not the intent of the city council to legislate with respect to matters of obscenity herein. These matters are regulated by state law.

(Ord. No. 90-O-6, § 1, 7-23-90)

It is not the intent of the city council to legislate with respect to matters of massage establishments herein. These matters are regulated by a state agency, the department of professional regulation, board of massage, and by state law, Chapter 480, Florida Statutes.

(Ord. No. 90-O-6, § 1, 7-23-90)

If any section of these provisions 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 the other provisions hereof. The remaining portions and provisions hereof 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 any other provision hereof.

(Ord. No. 90-O-6, § 1, 7-23-90)

Ultimate responsibility for the administration of this article is vested in the city council. The city manager or his designee is responsible for granting, denying, revoking, renewing, suspending and canceling adult entertainment licenses for proposed or existing adult entertainment establishments. The chief of police of the city police department is responsible for verifying information contained on an application pursuant to subsections 11-33(b)(1) through (5) of this article; for inspecting any proposed, licensed or nonlicensed establishment in order to ascertain whether it is in compliance with applicable criminal statutes and ordinance and for enforcing applicable criminal statutes and ordinances, including those set forth in division 5, section 11-80 et seq., of this article. In addition, the chief of police is responsible for reviewing permit applications as provided in division 3, section 11-51 et seq. The building and zoning department is responsible for inspecting any proposed establishment for which a license is being applied for or any licensed establishment in order to ascertain whether it complies with or is complying with this article and all applicable building codes, statutes, ordinances and regulations in effect in the city. The division of fire prevention is responsible for inspecting any proposed establishment for which a license is being applied for or any licensed establishment in order to ascertain whether it complies with or is complying with division 4, section 11-71 et seq., of this article and all applicable fire codes, statutes, ordinances and regulations in the city. The health department is responsible for any proposed establishment for which a license is being applied for or any licensed establishment in order to ascertain whether it complies with or is complying with division 4 of this article and all applicable health codes, statutes, ordinances and regulations in effect in the city. In addition, the health department is responsible for reviewing permit applications as provided in division 3. The building and zoning department is responsible for ascertaining whether a proposed establishment for which a license is being applied for complies with all locational requirements of this article, applicable portions of this article, all applicable zoning regulations in effect in the city and whether a licensed establishment is complying with division 5 of this article and all applicable zoning regulations and land use laws in effect in the city. The city manager is responsible for granting, denying, renewing, cancelling, suspending and revoking permits for proposed or current permittees in accordance with division 3 of this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Requirement. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license by the city manager under this article.

(b)

Classifications. Adult entertainment establishment licenses referred to in this article shall be classified as follows:

(1)

Adult bookstore;

(2)

Adult theater; and

(3)

Adult dancing establishment.

(c)

Single classification of license. Any adult entertainment license for a particular adult entertainment establishment shall be limited to the classification of license.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Required. Any person desiring to operate an adult entertainment establishment shall file with the city manager a sworn license application on a standard application form supplied by the city manager.

(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 eighteen (18) years of age; or

b.

A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited and, if in existence, a copy of the partnership agreement; 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 names and capacity of all officers, directors and principal stockholders and, if applicable, the name of the registered corporate agent and the address of the registered office for service of process;

(2)

If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and the county of registration under Section 865.09, Florida Statutes (1987);

(3)

Whether the applicant or any of the other individuals listed pursuant to subparagraph (1) has, within the ten-year period immediately proceeding the date of the application, been convicted of a specific criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction;

(4)

Whether the applicant or any of the other individuals listed pursuant to subparagraph (1) has had a previous license under this article suspended or revoked as well as the date of the suspension or revocation and whether the applicant or any other individuals listed pursuant to subparagraph (1) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this article has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked as well as the date of the suspension or revocation;

(5)

Whether the applicant or any other individuals listed pursuant to subparagraph (1) holds any other licenses under this article 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, and a legal street address;

(8)

The names of the employees for the proposed establishment if known or, if presently unknown, a statement to that effect;

(9)

The applicant's mailing address; and

(10)

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 the 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.

(c)

Application fee. Each application shall be accompanied by a nonrefundable fee of two hundred dollars ($200.00). 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 section 11-37 of this article.

(d)

Rejection of incomplete application. In the event the city manager determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, he shall promptly notify the applicant of such fact and shall automatically reject the application.

(e)

Consent. By applying for a license under this article, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the city manager and the departments of their respective responsibilities under this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Upon receipt of the application properly filed with the city manager and upon payment of the nonrefundable application fee, the city manager shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the chief of police, fire prevention, the health department and the building and zoning department. Each department shall promptly conduct an investigation of the applicant, application and the proposed establishment in accordance with its responsibilities summarized in section 11-31 of this article. At the conclusion of its investigation, each department shall indicate on the photocopy of the application its approval or disapproval of the application, date it and sign it; and in the event it disapproves, it shall so state its reasons.

(b)

A department shall disapprove of an application if it finds that the proposed establishment will be in violation of any provision of this article or of any building, fire, health, or zoning statute, code, ordinance or regulation. After its indication of approval or disapproval, each department shall immediately return the photocopy for the application to the city manager.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Time period for granting or denying license.

(1)

The city manager shall grant or deny an application for an adult dancing establishment within forty-five (45) days from the date of its proper filing. Upon the expiration of the forty-five-day period, the applicant may begin—and shall be allowed at its discretion to begin—operating the establishment for which a license is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for the denial.

(2)

The city manager shall grant or deny an application for an adult bookstore or adult theater within fourteen (14) days from the date of proper filing. Upon the expiration of the fourteenth day, the applicant may begin—and shall be allowed at its discretion to begin—operating the establishment for which a license is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for that denial.

(b)

Granting of application for license. If each of the departments has approved the application, the city manager shall grant the application, notify the applicant of the granting and issue the license to the applicant upon payment of the appropriate annual license fee as provided in sections 11-36 and 11-37 with credit as provided in subsection 11-33(c).

(c)

Denying of application for license.

(1)

The city manager shall deny the application for any of the following reasons:

a.

Any of the departments, excluding the police department, has disapproved of the application.

b.

The application contains material false information.

c.

The applicant or any of the other individuals listed pursuant to subsection 11-33(b)(1) has a license under this article which has been suspended or revoked.

d.

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

e.

Any person or legal entity who is required by this article to possess a license for engaging in any business enterprise, profession or other activity included and regulated within this article who, as a licensee or as an agent or employee of such licensee, is convicted, or has been within a period of ten (10) years before the date of application, convicted of a felony or a first degree misdemeanor directly related to the specific licensed business activity, upon due and proper record of such conviction presented to the city manager, shall be subject to denial of a license application. The applicant shall have the right to request a public hearing before the city council and present evidence and testimony why such license application should not be denied. Nothing herein shall be construed to prevent the city council, upon a showing of good cause, from issuing a license to any person or entity whose license application has been previously denied. Such issuance, upon approval by the city council, shall be pursuant to the procedures heretofore established in this article.

(2)

If the city manager denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial.

(3)

If a person applies for a license at a particular location within a period of nine (9) months from the date of denial of a previous application for a license at the location and there has not been an intervening change in the circumstances which will probably lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

(Ord. No. 90-O-6, § 1, 7-23-90; Ord. No. 96-O-3, §§ 1, 2, 7-22-96)

(a)

Contents. An adult entertainment license shall state on its face the name of the licensee, the name of the establishment, the street address of the establishment, the classification(s) of the license, the date of issuance and the date of expiration.

(b)

Terms. All licenses issued under this article shall be annual licenses which shall commence running on October 1, on which date they shall be paid for and shall expire on September 30 of the following year. If a license is issued after October 1 but by March 31 of the following year, the applicant shall pay the appropriate license fee. If a license is issued after March 31 but by October 1 of the same year, the applicant shall pay one-half (½) of the appropriate license fee.

(c)

Renewals. Licenses shall be renewed annually. Subject to other provisions of this article, a licensee under this article shall be entitled to a renewal of his annual license from year to year as a matter of course by October 1 by presenting the license for the previous year and by paying the appropriate license fee.

(d)

Expiration. A license that is not renewed under this article by October 1 of each year shall expire. An expired license may be renewed by November 30 of the same year upon presentation of an affidavit stating that no adult entertainment activity has taken place at the establishment subsequent to expiration, upon payment of the appropriate license fee and upon payment of a penalty of ten (10) percent of the appropriate license fee for the month of October or fraction thereof and an additional penalty of five (5) percent of the appropriate license fee for the month of November or fraction thereof.

(e)

Cancellation. All expired licenses not renewed by November 30 shall be canceled summarily by the city manager.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Levy of license fees. There are hereby levied the following annual license fees under this article for an adult entertainment establishment:

(1)

An establishment having a license for only an adult bookstore: Seven hundred fifty dollars ($750.00).

(2)

An establishment having a license for only an adult theater as follows:

a.

Having only adult booths: Thirty-five dollars ($35.00) for each booth; or

b.

Having only a hall or auditorium: Three dollars and fifty cents ($3.50) for each seat; or

c.

Having only an area outdoors designed to permit viewing by customers seated in vehicles: Three dollars and fifty cents ($3.50) for each parking space; or

d.

Having a combination of subsections a., b. and/or c. above: The cumulative license fee applicable to each under subsections 2. through c.;

e.

Adult motel: Seven hundred fifty dollars ($750.00);

(3)

An establishment having a license for only an adult dancing establishment: Seven hundred fifty dollars ($750.00);

(4)

An establishment having a license for two (2) classifications: Eight hundred dollars ($800.00);

(5)

An establishment having a license for three (3) classifications: Nine hundred dollars ($900.00);

(b)

License fees regulatory in nature. The annual license fees collected under this article are declared to be regulatory fees which are collected for the purpose of the examination and inspection of adult entertainment establishments under this article and the administration thereof. The regulatory fees are in addition to and not in lieu of the occupational license taxes imposed by other ordinances of the city.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Records and reports. Each licensee shall keep such records and make such reports as may be required by the city manager and the departments to implement this article and to carry out its purpose.

(b)

Consent. By holding a license under this article, the licensee shall be deemed to have consented to the provisions of this article and to the exercise by the city manager and the departments of their respective responsibilities under this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Requirements for transfer. A licensee shall not transfer his license to another person and thereby surrender possession, control and operation of the licensed establishment to such other person unless and until such other person satisfies the following requirements:

(1)

Obtains an amendment to the license from the article which provides that he is now the licensee, which amendment may be obtained only if he has completed and properly filed an application with the city manager setting forth the information called for under subsections 11-33(b)(1) through (5) and (9) and the application has been granted by the city manager after approval by the chief of police; and

(2)

In the event he has purchased the licensed establishment from the licensee, adduces satisfactory proof that the sale was bona fide; and

(3)

Pays a transfer fee of ten (10) percent of the appropriate annual license fee.

(b)

Effect of suspension or revocation procedures. No license may be transferred pursuant to subsection (a) when the city manager has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee.

(c)

Transfer to different location prohibited. A licensee shall not transfer his license to another location.

(d)

Attempted improper transfer void; license abandoned. Any attempted transfer of a license either directly or indirectly in violation of this section is hereby declared void, and the license shall be deemed abandoned and shall revert to the city manager.

(Ord. No. 90-O-6, § 1, 7-23-90)

No licensee may change the name of an adult entertainment establishment unless and until he satisfies each of the following requirements:

(1)

Gives the city manager thirty (30) days' notice in writing of the proposed name change;

(2)

Pays the city manager a three-dollar change-of-name fee; and

(3)

Complies with Section 865.09, Florida Statutes (1987).

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Violation of a building, fire, 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, health or zoning statute, code, ordinance or regulation, whether federal, state or local, contrary to the respective general requirements of subsection 11-71(1), (2), (3) or (4), 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 city manager who shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the department notifies the city manager in writing that the violation of the provision in question has been corrected.

(b)

Illegal transfer. In the event the city manager learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to section 11-39, he shall forthwith suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until the city manager is satisfied that the requirements of subsection 11-39(a) have been met.

(c)

Convictions for violations of division 5 of this article.

(1)

In the event that three (3) or more violations of division 5, section 11-80 et seq., of this article occur at an adult entertainment establishment within a two-year period and convictions result from at least three (3) of the violations, the city manager shall, upon the date of the third conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of thirty (30) days.

(2)

In the event one (1) or more violations of division 5 of this article occur at the establishment within a period of two (2) years from the date of the 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 thirty (30) days, and a conviction results from one (1) or more of the violations, the city manager shall, upon the date of the first conviction, suspend the license again and notify the licensee of the suspension. The suspension shall remain in effect for a period of ninety (90) days.

(3)

In the event one (1) or more violations of division 5 of this article occur within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for ninety (90) days under subsection (c)(2), but not including any time during which the license was suspended for ninety (90), days and a conviction results from one (1) or more of the violations, the city manager shall, upon the date of the first conviction, suspend the license again and notify the licensee of the suspension. The suspension shall remain in effect for a period of one hundred eighty (180) days.

(4)

The transfer or renewal of a license pursuant to this article shall not defeat the terms of subsections (c)(1) through (3).

(d)

Effective date of suspension. All periods of suspension shall begin sixteen (16) days after the date the city manager mails the notice of suspension to the licensee or on the date the licensee delivers his license to the city manager, whichever occurs first.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

False information. In the event the city manager learns or finds upon sufficient cause that a license was granted based upon false information, misrepresentation of fact or mistake of fact, he shall forthwith revoke the license and notify the licensee of the revocation.

(b)

Convictions for violation of division 5 of this article.

(1)

In the event that one (1) or more violations of division 5 of this article occur at an adult entertainment establishment which has had a license suspended for a period of one hundred eighty (180) days pursuant to subsection 11-41(c)(3) and the violation(s) occur within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for one hundred eighty (180) days, but not including any time during which the license was suspended for one hundred eighty (180) days, the city manager shall forthwith revoke the license and notify the licensee of the revocation.

(2)

The transfer or renewal of a license pursuant to this article shall not defeat the terms of subsection (b)(1).

(c)

Revocation of license. Any person or legal entity who is required by this article to possess a license for engaging in any business enterprise, profession or other activity included and regulated within this article who, as a licensee or as an agent or employee of such licensee, under this article is convicted, or has been within a period of ten (10) years before the date of the application, convicted of a felony or a first-degree misdemeanor directly related to the specific licensed business activity, upon due and proper record of such conviction presented to the city council, shall be subject to said license being revoked upon a resolution of the city council. Written notice of the effective date of such revocation shall be forwarded to the licensee with a copy of such revocation filed with the police department and with the office of the city manager. The licensee shall have the right to request a public hearing before the city council and present evidence and testimony why such license should not be revoked. Nothing herein shall be construed to prevent the city council, upon showing of good cause, from reissuing a license to any person or entity whose license has been previously revoked. Such reinstatement, upon approval by the city council, shall be pursuant to the procedures heretofore established in this article. Notification of such reinstatement shall be furnished to the police department and the office of the city manager. Revocation of license under this section shall be in addition to any other penalties provided by law.

(d)

Effect of revocation. If a license is revoked, the licensee shall not be allowed to obtain another adult entertainment license for a period of ten (10) years, and no license shall be issued again to any other person for the location upon which the adult entertainment establishment was situated.

(e)

Effective date of revocation. The revocation shall take effect sixteen (16) days after the date the city manager mails the notice of revocation to the licensee or on the date the licensee delivers his license to the city manager, whichever happens first.

(Ord. No. 90-O-6, § 1, 7-23-90; Ord. No. 96-O-3, § 3, 7-2-96)

(a)

Subject to subsection (b), no individual may work in an adult entertainment establishment without having applied for and having been granted a temporary or permanent adult entertainment permit from the city manager under this article.

(b)

An individual who is to engage exclusively in performing janitorial or maintenance services at an adult entertainment establishment or an individual who is to engage exclusively in performing barbering or cosmetology pursuant to a license issued under, respectively, Chapters 476 or 477, Florida Statutes (1987), is exempt from subsection (a).

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Required. Any individual desiring to work in an adult entertainment establishment shall file with the city manager a sworn permit application on a standard application form supplied by the city manager.

(b)

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

(1)

The applicant shall state his legal name and any aliases;

(2)

The applicant shall submit satisfactory proof that he is at least eighteen (18) years of age, and a photocopy of such proof shall be retained by the city manager;

(3)

The applicant shall furnish a set of his fingerprints which have been taken by the police department;

(4)

The applicant shall present three (3) recent color photographs of himself which have been taken by the city manager: One (1) photograph to be attached to the temporary permit; one (1) photograph to be attached to the two-year permit; one (1) photograph to be attached to the application and retained on file with the city;

(5)

The applicant shall state his mailing address and, if different, his address of residence;

(6)

The applicant shall reveal his driver's license number;

(7)

The applicant shall state whether he has, within the ten-year period immediately proceeding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction;

(8)

The applicant shall indicate whether he or she has had a previous permit under this article which has been suspended or revoked and, if so, the date of the suspension or revocation;

(9)

Any additional information which the city manager deems necessary to effectuate the language and purpose of this article.

(c)

Application fee. Each application for a permit shall be accompanied by a nonrefundable fee of fifty dollars ($50.00). If the application for a permit is approved and a permit is granted, the fee shall be applied as a credit towards the permit fee required pursuant to section 11-57 of this article.

(d)

Rejection of incomplete application. In the event the city manager determines or learns at any time that the applicant has not properly completed the application for a permit, he shall promptly notify the applicant of such fact and shall automatically reject the application.

(e)

Consent. By applying for a permit under this article, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the city manager, the police department and, if applicable, the health department of their respective responsibilities under this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

The city manager shall issue a temporary permit to an applicant on the date that the applicant properly files an application. The temporary permit shall automatically expire after fourteen (14) days.

(Ord. No. 90-O-6, § 1, 7-23-90)

Upon receipt of an application properly filed with the city manager and upon payment of the nonrefundable application fee, the city manager shall immediately stamp the application as received and shall immediately thereafter send a fingerprint card to the police department and, if the applicant has indicated an intention to work in an adult dancing establishment, notify the health department of the applicant's name and address. The city manager and, if applicable, the health department shall promptly conduct an investigation of the applicant in accordance with their respective responsibilities under section 11-31 of this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Time period for granting or denying permit. The city manager shall grant or deny any application within fourteen (14) days from the date of its proper filing.

(b)

Granting of permit. If the chief of police,the city manager and, if applicable, the health department have each approved of the application, the city manager shall grant the application, notify the applicant of the granting and issue a permit to the applicant.

(c)

Denying of permit.

(1)

The city manager shall deny the application for any of the following reasons:

a.

The applicant is less than eighteen (18) years of age;

b.

The application contains material false information;

c.

The applicant has had a previous permit under this article which has been suspended or revoked; or

d.

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 entertainment permit.

(2)

If the city manager denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Contents. The permit which shall be laminated shall contain the following:

(1)

The permittee's legal name and any aliases;

(2)

The permittee's residential address;

(3)

The permittee's sex;

(4)

The permittee's birth date;

(5)

The permittee's signature;

(6)

A color photograph of the permittee which was taken by the city manager;

(7)

The expiration date of the permit; and

(8)

The signature of the city manager.

(b)

Scope. The permit shall entitle the permittee to work in any adult entertainment establishment.

(c)

Term. All permits issued under this article shall remain valid for two (2) years from the date of issuance.

(d)

Renewal. Permits shall be renewed on or before two (2) years from the date of issuance. A permittee shall be entitled to a renewal of his or her permit as a matter of course upon payment of a fifty-dollar fee.

(e)

Expiration. A permit that is not renewed on or before two (2) years from the date of issuance shall expire. An expired permit may be renewed within thirty (30) days upon presentment of an affidavit by the permittee stating that he has not engaged in any adult entertainment establishment subsequent to expiration, upon payment of the permit fee of fifty dollars ($50.00) and upon payment of a penalty fee of ten dollars ($10.00).

(f)

Cancellation. All expired permits not renewed within thirty (30) days shall be canceled summarily by the city manager.

(Ord. No. 90-O-6, § 1, 7-23-90)

The fee for a permit under this division shall be fifty dollars ($50.00).

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Conviction for violation of division 5 of this article. In the event a permittee commits one (1) or more violations of division 5 of this article and a conviction results from at least one (1) of the violations, the city manager shall, upon the date of conviction, suspend the permit and notify the permittee of the suspension. The suspension shall remain in effect for a period of ninety (90) days.

(b)

Effective date of suspension. The period of suspension shall begin sixteen (16) days after the date the city manager mails the notice of suspension to the permittee or on the date the permittee delivers his permit to the city manager, whichever happens first.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Conviction for violation of this article. In the event a permittee commits one (1) or more violations of division 5 of this article within a period of two (2) years from the date of the violation from which the conviction resulted for which the permit was suspended under section 11-58, but not including any time during which the permit was suspended, and a conviction results from one (1) or more of the violations, the city manager shall, upon the date of the first conviction, revoke the permit and notify the permittee of the revocation.

(b)

Effect of revocation. If a permit is revoked, the permittee shall not be allowed to obtain another adult entertainment permit for a period of five (5) years.

(c)

Effective date of revocation. The revocation shall take effect sixteen (16) days after the date the city manager mails the notice of revocation to the permittee or on the date the permittee delivers his license to the city manager, whichever happens first.

(Ord. No. 90-O-6, § 1, 7-23-90)

Each adult entertainment establishment shall, regardless of whether it is licensed, observe the following general requirements:

(1)

Conform to all applicable building statutes, codes, ordinances and regulations, whether federal, state or local;

(2)

Conform to all applicable fire statutes, codes, ordinances and regulations, whether federal, state or local;

(3)

Conform to all applicable health statutes, codes, ordinances and regulations, whether federal, state or local;

(4)

Conform to all applicable zoning regulations and land-use laws, whether state or local;

(5)

Keep the adult entertainment license posted in a conspicuous place at the establishment at all times, which license shall be available for inspection upon request at all times by the public;

(6)

Opaquely cover each nonopaque area through which a person outside the establishment may otherwise see inside the establishment;

(7)

On the first Monday of every month, provide the city manager with a listing of all persons who are or have been employees at the establishment since the first Monday of the previous month and their positions.

(8)

Adult entertainment establishments may be located in the following areas:

a.

Adult entertainment establishments may be operated or enlarged on property within the highway commercial district (C-1A) in the following corridor:

1.

Beginning a southerly boundary of the City of Crystal River along U.S. Highway 19 north to the City of Crystal River city limits having a width of four hundred (400) feet west and four hundred (400) feet east of the U.S. Highway 19 right-of-way; and

2.

Beginning at the intersection of U.S. Highway 19 and State Road 44 along State Road 44 easterly to the City of Crystal River city limits having a width of four hundred (400) feet south and four hundred (400) feet north of the State Road 44 right-of-way.

b.

No person shall, unless he has first obtained a variance under Appendix A—Zoning, Article 7, Board of Adjustments and Appeals, Section 7.33 Variances, cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlargement, would or will be located within seven hundred fifty (750) feet of a pre-existing adult entertainment establishment, within one thousand (1,000) feet of a pre-existing religious institution, within one thousand (1,000) feet of a pre-existing educational institution, within two hundred (200) feet of an area zoned within the county or a municipality for residential use, within one thousand (1,000) feet of a pre-existing park, or within three hundred (300) feet of a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption. The term "enlargement," as used in this subsection, includes, but is not limited to, increasing the floor sizes of the establishment by more than ten (10) percent.

c.

The distance requirements of subsection a. are independent of, and do not supersede the distance requirements of the Code of Ordinances of the City of Crystal River.

d.

Distance from a proposed or existing adult entertainment establishment to a pre-existing adult entertainment establishment, a pre-existing religious institution, a pre-existing educational institution, an area zoned for residential use, a pre-existing park, or a pre-existing commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the pre-existing religious institution, pre-existing educational institution, area zoned for residential use, pre-existing park, or pre-existing commercial establishment that sells or dispenses alcohol for on-premises consumption.

(Ord. No. 90-O-6, § 1, 7-23-90; Ord. No. 96-O-05, § 1, 7-22-96; Ord. No. 96-O-06, § 1, 9-9-96)

In addition to the general requirements for an adult entertainment establishment contained in section 11-71, an adult theater shall, regardless of whether it is licensed, observe the following special requirements:

(1)

If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

a.

Have individual, separate seats, not couches, benches or the like, to accommodate the maximum number of persons who may occupy the area;

b.

Have a continuous main aisle alongside the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

c.

Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

(2)

If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions:

a.

Have a sign posted in a conspicuous place at or near the entranceway which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth;

b.

Have a permanently open entranceway not less than two (2) feet wide and not less than six (6) 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 in the booth;

c.

Have individual, separate seats, not couches, benches or the like, which correlate with the maximum number of persons who may occupy the booth;

d.

Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; and

e.

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

(3)

If the adult theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated or the perimeter of the establishment so fenced that the material to be seen by those persons may not be seen from any public right-of-way, property zoned for residential use, religious institution, educational institution or park.

(Ord. No. 90-O-6, § 1, 7-23-90)

In addition to the general requirements for an adult entertainment establishment contained in section 11-71, 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 eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; and

(2)

Any area in which a private performance occurs shall have:

a.

A permanently open entranceway not less than two (2) feet wide and not less than six (6) feet high, which entranceway is 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 in the area; and

b.

A wall-to-wall, floor-to-ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent and which partition separates the employee from the person viewing the display.

(Ord. No. 90-O-6, § 1, 7-23-90)

It shall be unlawful for any person to be an operator of an adult entertainment establishment where the person knows or should know that the establishment:

(1)

Does not have an adult entertainment license for any applicable classification;

(2)

Has a license which is under suspension;

(3)

Has a license which has been revoked or canceled; or

(4)

Has a license which has expired.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

It shall be unlawful for any person to be an operator of an adult entertainment establishment which does not satisfy all of the general requirements of section 11-71.

(b)

It shall be unlawful for any person to be an operator of an adult theater which does not satisfy all of the special requirements of section 11-72.

(c)

It shall be unlawful for any person to be an operator of an adult dancing establishment which does not satisfy all of the special requirements of section 11-73.

(Ord. No. 90-O-6, § 1, 7-23-90)

It shall be unlawful for an 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 any employee:

(1)

To engage in a straddle dance with a person at the establishment;

(2)

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

(3)

To engage in any specified sexual activity at the establishment;

(4)

To, where 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)

To 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 11-73;

(6)

To 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)

To engage in a private performance unless such employee is in an area which complies with the special requirements of subsections 11-73(2)a. and b.;

(8)

To, 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)

To 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 breast of any female person; or

(10)

Subject to subsection 11-51(b), to work who has not applied for and obtained a permit under this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

It shall be unlawful for an 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.

(Ord. No. 90-O-6, § 1, 7-23-90)

It shall be unlawful for an 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 eighteen (18) years of age;

(2)

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

(3)

A person under eighteen (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 eighteen (18) years of age.

(Ord. No. 90-O-6, § 1, 7-23-90)

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 canceled or has expired regardless of whether he has applied for and obtained a temporary or permanent permit under this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Subject to subsection 11-51(b), it shall be unlawful for any person to work in an adult entertainment establishment, regardless of whether it is licensed under this article, if the person has not applied for and obtained a temporary or permanent permit under this article.

(b)

Subject to subsection 11-51(b), it shall be unlawful for any person to work in an adult entertainment establishment, regardless of whether it is licensed under this article, unless the person has a temporary or permanent permit in his possession while working at the establishment.

(c)

Subject to subsection 11-51(b), it shall be unlawful for any person working in an adult entertainment establishment, regardless of whether it is licensed under this article, to fail to produce a temporary or permanent permit upon demand for inspection by any law enforcement officer.

(Ord. No. 90-O-6, § 1, 7-23-90)

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 subsection 11-73(1);

(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 unless such employee is in an area which complies with the special requirements set forth at subsection 11-73(2)a, and b.;

(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; 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.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

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.

(b)

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.

(Ord. No. 90-O-6, § 1, 7-23-90)

It shall be unlawful for any person to occupy an adult booth in which booth there are more people than that specified on the posted sign required by section 11-72.

(Ord. No. 90-O-6, § 1, 7-23-90)

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.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

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.

(b)

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.

(c)

Hours stated herein shall mean standard time or daylight saving time as may be in current use in this city.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

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 City Manager.

(b)

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 City Manager.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

It shall be unlawful for any person applying for an adult entertainment license to make a false statement which is intended to facilitate the issuance of a license or to provide false information which is intended to facilitate the issuance of a license.

(b)

It shall be unlawful for any person applying for an adult entertainment permit to make a false statement which is intended to facilitate the issuance of a permit or to provide false information which is intended to facilitate the issuance of a permit.

(Ord. No. 90-O-6, § 1, 7-23-90)

Whoever violates any section of this division of this article shall be deemed guilty of a second degree misdemeanor which may be prosecuted and punished pursuant to section 1-8, city Code.

(Ord. No. 90-O-6, § 1, 7-23-90)

(a)

Within fifteen (15) days of the mailing of a notice of denial of an application for a license or permit or a notice of suspension or revocation of a license or permit, the aggrieved party may—and shall be entitled at its discretion to—file a notice of appeal with the city council.

(b)

The notice of appeal shall be filed with the clerk of the city. The notice of appeal shall be accompanied by payment of a filing fee of fifty dollars ($50.00) to cover administrative costs. Upon receipt of the notice of appeal and upon payment of the accompanying fifty-dollar filing fee, the clerk shall schedule a hearing for as soon as the council's calendar will allow, but in no event more than thirty (30) days after receipt of the notice of appeal and payment of the filing fee. The clerk shall provide the appellant with at least ten (10) days' notice of the time and place of the hearing.

(c)

If, at the conclusion of the hearing, the city council finds that the license or permit should not have been denied, suspended, revoked or canceled, it shall so notify the city manager who shall immediately grant or reissue the license or permit.

(d)

This article, and decisions made in accordance with, and pursuant to it—whether by the city manager or by the city council, on appeal from a decision by the city manager—shall be reviewable in the courts of the state and the United States, under the general jurisdictional provisions of state and federal law, available to any aggrieved party.

(Ord. No. 90-O-6, § 1, 7-23-90; Ord. No. 96-O-3, §§ 4—6, 7-22-96)

Any notice required under this article shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license or a permit. This mailing address shall be considered the correct mailing address unless the city manager has been otherwise notified in writing by certified mail, return receipt requested.

(Ord. No. 90-O-6, § 1, 7-23-90)

The city or any department shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon an adult entertainment establishment while acting within the scope of its authority under this article.

(Ord. No. 90-O-6, § 1, 7-23-90)

The city council may bring suit in the circuit court to restrain, enjoin or otherwise prevent the violation of this article.

(Ord. No. 90-O-6, § 1, 7-23-90)