This article may be known as the "Gulf County Sexually Oriented and Body-Altering Business Ordinance."

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

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

Adult Book, Video or Novelty Store means an establishment which sells, leases or rents adult material for any form of consideration, unless the adult material is accessible only by employees and the gross income from the sale or rental of adult material comprises less than 20 percent of the gross sales of the store or less than ten percent of the individual items publicly displayed at the establishment as stock in trade.

Adult Club means any place of business or commercial establishment that permits, suffers or allows individuals for consideration in their service to customers or in a performance for customers on more than three days in a 60-day period to display or expose specified anatomical areas or permits, suffers or allows individuals for consideration to wear any covering, tape, pasties or other device that simulates or otherwise gives the appearance of the display or exposure of any "specified anatomical areas."

Adult Materials means any one or more of the following:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices, which have, as their primary or dominant theme, matter depicting, illustrating, describing or relating to specified sexual activities or less than completely and opaquely covered specified anatomical areas; or

(2)

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

Adult Motion Picture Mini-Theater means a commercial establishment or place of business operating in whole or in part within an enclosed building, or a portion or part of an enclosed building, designed to permit viewing by patrons for any form of consideration, film, video or other visual material or method which has, as its primary or dominant theme, matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas, for observation by patrons thereof, including an adult arcade or adult motion picture booth, and so constructed that any patron viewing such material or method is not at all times fully visible from the neck to the kneecap by other patrons and the management.

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

Body Altering Business means such uses as shall be included in section 10.00.04.

Body Piercing Establishment means a commercial establishment or place of business at which the body or skin of a human being is pierced or which holds itself out to the public as a place where such body piercing can be purchased or arranged. The use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear, or both, is exempt from this definition.

Church means a church, temple or other structure used on a permanent basis primarily for public worship.

Public Park means and includes those facilities owned by the county or any public park so designated by the county or any municipality therein.

School means a public, private or parochial daycare, elementary, middle, or high school.

Sexually Oriented Businesses means such uses as shall be included in section 10.00.03.

Specified Anatomical Areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttocks;

c.

Female breasts below a point immediately above the top of the areola; and

(2)

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

Specified Sexual Activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

(4)

Sadism or masochism, including bondage.

Tattoo Establishment means a commercial establishment or place of business at which the skin of a human being is marked by piercing in or otherwise applying coloring matter so as to form indelible or lasting marks or figures, or which holds itself out to the public as a place where such tattooing can be purchased or arranged.

Tourist Corridor means that portion of the following roads falling within the boundaries of the county at any time:

(1)

Highway 71.

(2)

Highway 98.

(3)

Highway 22.

(4)

County Road 386.

(5)

County and State Roads 30A, 30E, and 30B.

(6)

Cape San Blas Road.

(7)

Lake Grove Road.

(8)

Gary Rowell Road.

(9)

Stone Mill Creek Road.

(10)

County Road 381 and 381A.

(11)

County Road 387.

(12)

Doc Whitfield Road.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

The following uses are declared to be sexually oriented or adult businesses:

(1)

Adult book, video or novelty store.

(2)

Adult motion picture theater.

(3)

Adult club.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

The following uses are declared to be body-altering businesses:

(1)

Body piercing establishment.

(2)

Tattoo establishment.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

No sexually oriented business shall be located nearer than 2,500 feet to any other sexually oriented business nor nearer than 2,500 feet to any:

(1)

Church;

(2)

School; or

(3)

Public park;

nor nearer than 250 feet to the nearest right-of-way line of any tourist corridor. Such distance shall be measured by radial spacing as follows: in the case of another sexually oriented or adult business or a church, by measuring from the nearest corner of the sexually oriented or adult business building or on-premises freestanding sign associated with such business building, to the nearest corner of the church building or the other sexually oriented or adult business building or on-premises freestanding sign associated with such business building; in the case of a school or public park, by measuring from the nearest corner of the sexually oriented business building or on-premises freestanding sign associated with such business building to the nearest boundary of the school or public park parcel; in the case of any tourist corridor, by measuring from the nearest corner of the sexually oriented business building or on-premises freestanding sign associated with such business building to the nearest right-of-way line of any tourist corridor. In all such measurements, building projections, eaves or overhangs shall be excluded. In the case of a sexually oriented business operated outside a building, measurement shall be from the closest place of such operation.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

No body-altering business shall be located nearer than 1,500 feet to any other body-altering business nor nearer than 1,500 feet to any:

(1)

Church;

(2)

School; or

(3)

Public park;

nor nearer than 250 feet to the nearest right-of-way line of any tourist corridor. Such distance shall be measured by radial spacing as follows: in the case of another body-altering business or a church, by measuring from the nearest corner of the body-altering business building or on-premises freestanding sign associated with such business building, to the nearest corner of the church building or the other body-altering business building or on premises freestanding sign associated with such business building; in the case of a school or public park, by measuring from the nearest corner of the body-altering business building or on-premises free-standing sign associated with such business building to the nearest boundary of the school or public park parcel; in the case of any tourist corridor, by measuring from the nearest corner of the body-altering business building or on-premises freestanding sign associated with such business building to the nearest right-of-way line of any tourist corridor. In all such measurements, building projections, eaves or overhangs shall be excluded. In the case of a body altering business operated outside a building, measurement shall be from the closest place of such operation.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

Sign Requirements.

(1)

All signs shall be flat wall signs.

(2)

The amount of allowable sign area shall be one square foot of sign area per linear foot of frontage of that premises to a maximum of 25 square feet.

(3)

No merchandise or pictures of performers of the sexually oriented or adult products or entertainment on the premises shall be displayed in building glass areas or any area where they can be viewed from a street.

(4)

Window signs are prohibited. A single, one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only. A single, three-square-foot sign containing only the word "open" may be placed in a window.

(5)

Freestanding on-premises signs are prohibited.

(b)

All terms used in this section shall have the meanings ascribed in article VI of this appendix, as amended from time to time, which shall apply to the extent not inconsistent with this section.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

Sign requirements.

(1)

All signs shall be flat wall signs.

(2)

The amount of allowable sign area shall be one square foot of sign area per linear foot of frontage of that premises to a maximum of 25 square feet.

(3)

No merchandise or pictures of the products or entertainment on the premises shall be displayed in building glass areas or any area where they can be viewed from a street.

(4)

Window signs are prohibited. A single, one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only. A single, three-square-foot sign containing only the word open may be placed in a window.

(5)

Freestanding on-premises signs are prohibited.

(b)

All terms used in this section shall have the meanings ascribed in article VI of this appendix, as amended from time to time, which shall apply to the extent not inconsistent with this section.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Adult motion picture mini-theaters are prohibited. It shall be unlawful for any person to operate or cause or permit to be operated an adult motion picture mini-theater.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Where a sexually oriented or body-altering business is located in conformity with the provisions of this article, the subsequent locating of a church, school or public park within 1,000 feet of such existing sexually oriented or body-altering business shall not be construed to cause such designated use to be in violation of this article.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Nothing in this article shall be construed to permit the establishment or maintenance of any sexually oriented or body-altering businesses not otherwise permitted by this appendix or any other applicable law.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

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

Adult Arcade Amusement Center means an arcade amusement center where more than 50 amusement games or machines which operate by means of the insertion of a coin and which by means of skill may entitle the person playing of operating the game or machine to receive points or coupons which may be exchanged for merchandise, excluding cash and alcoholic beverages, providing the cost value of the merchandise and prize awarded in exchange for such points or coupons does not exceed $0.70 on any game played or available to the public. This definition is not intended and does not include merchandise, vending machines, or coin-operated mechanical or electrical musical instruments or devices.

Tourist Corridors means that portion of the following roads falling within the boundaries of the county at any time:

(1)

Highway 71.

(2)

Highway 98.

(3)

Highway 22.

(4)

County Road 386.

(5)

County and State Road 30A, 30E, 30B.

(6)

Cape San Blas Road.

(7)

Lake Grove Road.

(8)

Gary Rowell Road.

(9)

Stone Mill Creek Road.

(10)

County Roads 381 and 381A.

(11)

County Road 387.

(12)

Doc Whitfield Road.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Adult arcade amusement centers are to be located and permitted only in the commercial or industrial zoning category. Adult arcade amusement centers must not be located in a tourism corridor as established herein.

(1)

No adult arcade amusement center shall be located or conducted within 2,500 feet of another such establishment, a public or private school, a daycare, a house of worship, a public library or a public park. The required 2,500-foot minimum separation shall be measured from the nearest point of one establishment real estate boundary to the nearest point of the other establishment real estate boundary in a straight line.

(2)

This section does not apply to a duly licensed and located adult arcade amusement center in existence before a public or private school, house of worship, a public library, or a public park moved within 2,500 feet of such adult arcade amusement center.

(3)

Such amusement centers shall be prohibited from being opened past 11:00 p.m. and prior to 9:00 a.m.

(4)

The use of any imagery which references gambling, such as, but not limited to, slot machines, poker wheels, etc., shall not be permitted when visible from the exterior of the tenant space, including, but not limited to, wall signage and window signage. The use of strip lighting is expressly prohibited.

(5)

The parking requirements for an adult arcade amusement center shall be as set forth in the county comprehensive plan regarding off-street parking.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

No person shall operate or conduct an adult arcade amusement center for use by the general public in the county for money or other reward without first obtaining a special permit for operation of an adult arcade amusement center as set forth herein. A person desiring to obtaining such a license shall make an application therefore in writing to the county administrator of the county at 1000 C.G. Costin, Sr., Blvd., Port St. Joe, FL, 32456, and shall set forth the following in writing under oath:

(1)

The name under which the business is to be conducted.

(2)

The location at which the business is to be conducted.

(3)

The name, address and principal occupation of every person with an interest in the business.

(4)

The number of coin-operated machines to be exhibited.

(5)

The serial number, manufacturer and name of each machine.

(6)

Whether the applicant has ever engaged in operating an amusement arcade and when, where, and how long in each place within five years preceding the date of application.

(7)

A statement that the applicant is 21 years of age or more.

(8)

Acknowledgment that a permit herein will not be issued if a person with an interest in the business or an employee of the business has been convicted of a violation of a federal or state statute or any local ordinance pertaining to gambling or any other crime involving moral turpitude within five years preceding the application.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

As a prerequisite to the issuance of a special permit as described herein, an inspection shall be made of the premises by the building official, the fire marshal and the sheriff, or their designees, each of whom must approve the issuance of such special permit in accordance with their respective disciplines.

(b)

Registration for each coin-operated amusement device is required at the time of application for a special permit. The applicant must submit with the application satisfactory proof that the applicant has registered with the department of justice pursuant to 15 U.S.C. 1171.

(c)

The applicant must submit with the application the records required under federal law to be maintained by those who register under 15 U.S.C. 1171, and certifies that the machines bear the permanent markings required by the federal law.

(d)

The applicant shall keep the registered machines, the records of acquisition, location and disposition required by the federal law and, records of prize awards open to the sheriff for inspection at any time.

(e)

An adult who is 21 years of age or older shall be on the adult arcade amusement center premises and shall supervise the operation thereof at all times during the hours of operation.

(f)

No alcoholic beverages, including beer or wine, shall be consumed on the premises of an adult arcade amusement center.

(g)

No person under the age of 18 years is permitted on the premises of an adult arcade amusement center before 4:00 p.m. on any day the public or private schools are in session, unless such person is accompanied by his parent or legal guardian.

(h)

The violation of any of the provisions of this section shall constitute sufficient cause for the county to revoke the special permit issued for the business. Nothing contained herein shall be construed to mean that a violation of this section is a criminal offense, as it is not a criminal offense, but a civil infraction.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

No licensee or owner of any adult arcade amusement center or any servant, agent or employee of such a licensee or owner shall permit upon the premises housing a mechanical amusement device arcade any of the following:

(1)

Disorderly persons.

(2)

Gambling or the use, possession, or presence of gambling paraphernalia.

(3)

Intoxicated persons to loiter on the premises.

(4)

Loud noise or music to emerge from the licensed premises, which noise or music is disturbing to the surrounding area.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)