This article is enacted pursuant to Chapter 166, Florida Statutes, and as provided in the Municipal Home Rule Powers Act, in the interest of the health, peace, safety, and general welfare of the people of Gulfport, Florida.

(Ord. No. 93-7, § 1, 9-7-93)

This article shall apply to all territory or property within the legal boundaries of incorporated City of Gulfport, Florida. The provisions of this article shall be liberally construed to accomplish its purpose of regulating adult uses and related activities.

(Ord. No. 93-7, § 1, 9-7-93)

The intent of the city council of the City of Gulfport, Florida, in adopting this article is to establish reasonable and uniform regulations that will protect the health, safety, and general welfare of the people of Gulfport, Florida. The provisions of these regulations, acting alone, or together with other applicable Ordinances of the City of Gulfport and Pinellas County, Florida, have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult material. Similarly, it is not the intent nor effect of these regulations to restrict or deny access by adults to adult materials or expression protected by the First Amendment, or to deny access by distributors and exhibitors of adult uses to their intended market.

(Ord. No. 93-7, § 1, 9-7-93)

The following terms shall have the following meanings, as used in this article:

Adult arcade. A place to which the public is permitted or invited, wherein coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specific sexual activities" or "specified anatomical areas."

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 comprise less than twenty-five (25) percent of the individual items publicly displayed at the establishment, or the portion of the establishment set aside for the display or sale of adult materials comprises less than fifteen (15) percent of the gross floor area of the establishment for stock in trade in any of the following categories: Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations, or recordings or other audio matter. Any adult use activity other than the sale or rental of adult material shall preclude the establishment's qualifying solely as an adult bookstore and shall mandate its classification as other than an adult bookstore.

Adult booth. A separate enclosure inside an adult use 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 restroom.

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

(a)

Books, magazines, periodicals, or other printed matter, paintings, drawings, or other publications or graphic media, photographs, films, motion pictures, video cassettes or disks, 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" as defined in this article; or

(b)

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

Adult photographic and modeling studio. Any business establishment which offers or advertises as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or anatomical areas, or modeling of apparel that exhibits specified anatomical areas.

Adult theater. An enclosed building or an enclosed space within a building, or an open-air area used for presenting either filmed or live plays, dances or other performances, either by individuals or groups, for observation by patrons therein, distinguished or characterized by an emphasis on material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined in this article. An establishment which has "adult booths" or which is an "adult arcade" shall be considered an "adult theater".

Adult use. Adult use includes the terms "adult arcade", "adult bookstores", "adult booth", "adult theater", "special cabarets", "physical culture establishments", and "adult photographic and modeling studios", as defined in this article, and any business establishment whose primary stock in trade is dependent upon the activities relating to "specified sexual activities" or "specified anatomical areas" as defined in these regulations. Adult uses are those uses, excluding drinking establishments which serve alcohol, which are not open to the public generally, but only to one (1) or more classes of public and excluding any minors, by reason of age.

Child care facility. Any children's center, day nursery, nursery school, kindergarten, or family day care home as defined in this chapter and which has an occupational license issued by the City of Gulfport, Pinellas County or any other municipality.

Establishment of business. This term includes any of the following:

(a)

The opening or commencement of any adult use business as a new business;

(b)

The conversion of an existing business, whether or not an adult use business, to any adult use business;

(c)

The addition of any adult use business to any other existing adult use business;

(d)

The relocation of any adult use business; or

(e)

The continuation of an existing adult use business, regardless of whether it is in compliance with the locational requirements of these regulations.

For purposes of determining the date of "establishment of business", evidence in the form of certified certificates of occupancy, affidavits, valid receipts, or business records may be utilized.

Nates. The prominence formed by the muscles running from the back of the hip to the back of the leg.

Person. Any and all persons, natural or artificial, including any individual, firm, corporation, or association.

Physical culture establishment. Any business establishment which offers or advertises, massage, body rubs or physical contact with specified anatomical areas. Business establishments which routinely provide medical services by state licensed medical practitioners, or electrolysis treatment by licensed operators of electrolysis equipment, shall not be considered "adult physical culture establishments".

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

Residential land use property. A parcel of property having a land use or zoning designation which allows residential use.

School. The term "school" includes a premise or site upon which there is a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school, or exceptional learning center. However, the term "school" does not include a premise or site upon which there is an institution devoted solely to vocational or professional education or training, or an institution for post-secondary education, including, but not limited to, a community college, junior college, four-year college or university.

Special cabarets. Any bar, dance hall, restaurant, or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters or waitresses that engage in "specified sexual activities" or display "specified anatomical areas", or any such business establishment, the advertising for, or a sign or signs identifying which, use the words, "adult", "topless", "nude", "bottomless", or other words of similar import.

Specified anatomical areas.

(a)

Less than completely or opaquely covered:

(1)

Human genitals or pubic region;

(2)

Cleavage of the nates of the human buttocks;

(3)

That portion of the human female breast below a point immediately above the top of the areola; 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.

(b)

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

Specified sexual activities.

(a)

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

(b)

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

(c)

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

(d)

Excretory function as part of, or in connection with, any of the activities set forth in subsections (a) through (c) of this definition.

(Ord. No. 93-7, § 1, 9-7-93)

(a)

No adult use business establishment may be located within three hundred (300) feet of any residential land use property, nor within one thousand (1,000) feet of any church, school, child care facility, or public recreation area which has been established or which has received legal authority to be established, whether the same is located within the City of Gulfport or not.

(b)

No adult use business establishment may be located within one thousand five hundred (1,500) feet of any other adult use, or any property for which an adult use permit has been issued hereunder, regardless of whether or not the other adult use is located within the City of Gulfport or not.

(c)

The distance requirements established under subsections (a) and (b) hereof shall be measured along a straight line from the nearest residential land use property, church, school, child care facility, public recreation area, or adult use, as applicable, to the nearest property line of the adult use. Where an adult use is located within a multi-tenant or multi-use building, such as a shopping center, the distance requirement shall be measured from the closest portion of the building or structure utilized by the adult use.

(d)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any section of this article. Additionally, nothing in these regulations shall be construed to authorize, allow, or permit the establishment of any business, the performance of any activity, or the possession of any item, deemed obscene under the judicially established definition of obscenity.

(Ord. No. 93-7, § 1, 9-7-93)

(a)

No adult use business shall be allowed to commence or continue to operate without first obtaining a valid adult use permit. Any person desiring to locate, operate, or continue operating any adult use, shall be required to obtain an adult use permit from the city before the establishment of business as an adult use. Adult uses which have been established at their existing locations prior to the effective date of this article, shall be required to obtain an adult use permit within ninety (90) days of the effective date of this article, or such uses shall be terminated as of said time period.

(b)

In order to obtain an adult use permit, an applicant shall provide the following information to the city, and pay a permit fee determined by the city council to be reasonably calculated to cover the costs of administrating this article:

(1)

Name, mailing address, telephone number;

(2)

Street address of the proposed or existing adult use;

(3)

Legal description of the property occupied by the proposed or existing adult use, including the property boundaries;

(4)

Known locations, regardless of jurisdiction, of any churches, schools, child care facilities or public recreation facilities within one thousand (1,000) feet, or other existing or proposed adult uses, within one thousand five hundred (1,500) feet of the proposed or existing adult use location for which the adult use permit is being sought;

(5)

The date of commencement of operations of an established adult use, including documentation of commencement; and

(6)

If the applicant is not the record owner of the subject parcel, the application must include a signed and notarized statement from the record owner, authorizing the applicant to seek an adult use permit for the premises.

(c)

Any adult use permit, issued hereunder, shall expire after a period of six (6) months from issuance, unless prior to such expiration, the permit holder has either obtained an occupational license for, and begun to operate as, an adult use business, or the necessary building permits to establish the adult use have been applied for. The validity of such a permit may be extended by the city once for a period of ninety (90) days, for good cause.

(Ord. No. 93-7, § 1, 9-7-93)