This article shall be known and may be cited as the "Adult Entertainment Code."

(Ord. O-97-09, passed 3-26-97)

This code is enacted under the Home Rule Power of the City of Hollywood, hereafter, the "city", in the interest of the health, peace, safety, and general welfare of the people of the city.

(Ord. O-97-09, passed 3-26-97)

This Adult Entertainment Code shall be effective throughout the city.

(Ord. O-97-09, passed 3-26-97)

The intent of the City Commission in adopting this code is to establish reasonable and uniform regulations for the Adult Entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the city. It is not the intent of the City Commission to legislate with respect to matters of obscenity.

(Ord. O-97-09, passed 3-26-97)

Based on evidence and testimony presented at public hearings before the City Commission, on the materials which were part of the Commission backup and on the findings incorporated in:

A. The City of Ft. Lauderdale, Florida, study; the City of Austin, Texas, study; the "Adult Entertainment in Indianapolis" study and the "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles"; and

B. The United States Attorney General's Commission on Pornography (1986), Jacksonville Ordinance Code, Chapter 410, Ordinance 77-257-256, Section I, the Los Angeles Municipal Code, Section 12.70, Ordinance 156509 (1982), the Detroit Zoning Ordinance, 66,0000, Ordinance 742-G, Section 1, 10-24-72, and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, January 1984, the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (Minnesota, June 6,1989) and the findings of fact set out in the Adult Entertainment Codes of Orange County, Florida, Osceola County, Florida, and Palm Beach County, Florida, the City Commission hereby finds:

1. Commercial Establishments exist or may exist within the city and/or other nearby cities or counties in South Florida where Adult Entertainment material is displayed, exhibited, distributed and/or sold for commercial purposes in the form of books, magazines, periodicals or other printed material, or photographs, films, motion pictures, prints, videotapes, slides, computer digital graphic recordings or other visual representations or recordings, or other audio matter, or instruments, novelties devices, or paraphernalia which depict, illustrate, describe or relate to Specified Sexual Activities or Specified Anatomical Areas.

2. Commercial establishments exist or may exist within the city and/or other nearby cities or counties in South Florida where Adult Entertainment activities in the form of nude, semi-nude, or topless dancers, entertainers, performers, or other individuals, who, for commercial gain, perform or are presented while displaying or exposing specified anatomical areas; or engage in straddle dancing or touching with customers.

3. Commercial sexually oriented businesses exist or operate or may exist or operate within the city and/or other nearby cities or counties in South Florida where sexually oriented services are offered for commercial or pecuniary gain in the form of commercial physical contact, escort services, or private modeling. The workers of such sexually oriented businesses operating, or permitted to operate, in the city engage in physical contact or touching with customers, including acts of prostitution, or encourage or entice the customers to engage in lewdness.

4. The activities described in subsections (1), (2) and (3) occur at establishments which operate primarily for the purpose of making a profit and, as such, are subject to regulation by the city in the interest of the health, safety, economy, property values, and general welfare of the people, businesses, and industries of the city.

5. A major industry, which is important to the community's economic welfare, is tourism by persons seeking to bring children to visit attractions who wish to stay in a community with a family atmosphere not dominated by commercialized sexual themes.

6. When the activities described in subsections (1), (2) and (3) are present in establishments, other activities which are illegal, unsafe, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property.

7. When the activities described in subsections (1), (2) and (3) are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described above, and ultimately lead residents and businesses to move to other locations.

8. The establishments in which the activities described in subsections (1), (2) and (3) occur are often constructed, in part or in whole of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signs or appearance that lower the surrounding property values and contribute to urban decline.

9. The activities described in subsections (1), (2) and (3) sometimes occur in establishments concurrent with the sale and consumption of alcoholic beverages, which concurrence leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely affecting the quality of life, commerce, and community environment.

10. In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses, and industries of the city, it is necessary and advisable for the city to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (1), (2) and (3), occur.

11. When physical contact or touching within establishments at which the activities described in subsections (1), (2) and (3) occur between workers, who are exhibiting specified anatomical areas, and customers, it poses a threat to the health of both and promotes the spread of communicable social diseases.

12. In order to preserve and safeguard the health, safety, and general welfare of the people of the city, it is necessary and advisable for the city to regulate the conduct of owners, managers, operators, agents, workers, entertainers, performers, and customers at establishments where the activities described in subsections (1), (2) and (3) occur.

13. The potential dangers to the health, safety, and general welfare of the people of the city posed by permitting an establishment at which the activities described in subsections (1), (2) and (3) occur to operate without first meeting the requirements for obtaining a license under this code, are so great as to require the licensure of such establishments prior to their being permitted to operate.

14. Requiring operators of establishments at which the activities described in subsections (1), (2) and (3) occur to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, and by making it difficult for minors to work in such establishments.

15. Prohibiting establishments at which the activities described in subsections (1), (2) and (3) occur from operating within set distances of educational institutions, religious institutions and areas zoned for residential use will serve to protect the citizens of the city from the adverse affects of the activities that accompany such establishments.

16. Straddle dancing, unregulated private performances, and enclosed adult booths in establishments at which the activities described in subsection (1), (2) and (3) occur have resulted in indiscriminate sex and commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases.

17. Straddle dancing is primarily conduct rather than communication or expression.

18. Workers at adult entertainment establishments and sexually oriented businesses engage in a higher incidence of certain types of unhealthy or criminal behavior than workers of other establishments including a very high incidence of illegal prostitution or engaging in lewdness in violation of F.S. Chapter 796, operation without occupational licenses, and illegal unlicensed massage.

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

20. The practice of not paying workers at sexually oriented businesses and requiring them to earn their entire income from tips or gratuities from their customers, who are predisposed to want sexual activity, has resulted in an extremely high, nearly universal, incidence of prostitution and crimes related to lewdness by workers.

21. Sexually oriented businesses involve many activities that are pure conduct engaged in for the purpose of making a profit, rather than speech or expressive activity, and therefore are subject to and require increased regulation to protect the health, welfare and safety of the community.

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

(Ord. O-97-09, passed 3-26-97)

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

ADULT BOOKSTORE. An establishment which sells or rents, or offers for sale or rent adult material.

Exception: This definition is not intended to apply, and it is an affirmative defense to an alleged violation of this code regarding operating an adult bookstore without an adult entertainment license, if the alleged violator shows that, at the establishment:

1. All adult material is accessible only by workers. "Accessible" meaning that the item cannot be physically touched, picked up, handled by a customer, or is visually displayed so that nothing substantially more than its name alone is visible, or

2. The gross income each month from the sale and rental of adult material comprises less than 25% of that month's gross income from the sale and rental of the goods and material at the establishment, and

3. The individual items of adult material offered for sale and rental comprise less than 25% of the total individual new items publicly displayed as stock in trade in each of the following categories: books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, compact disks, computer digital graphic recordings, other visual representations, audio recordings, and other audio matter and less than 25% of the total individual used items publicly displayed at the establishment as stock in trade in each of the same categories set out above, and

4. The floor area used to display adult material comprises no more than 25% of the floor area used for display of all goods and material at the establishment.

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" but does not include a restroom or a foyer through which the public enters or exits the establishment.

ADULT ENTERTAINMENT ESTABLISHMENT. An adult theater, an adult bookstore, an adult performance establishment, a commercial physical contact parlor, or an escort service operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this code. OPERATED FOR COMMERCIAL OR PECUNIARY GAIN shall not depend upon actual profit or loss. An establishment which has an occupational license or an establishment which advertises itself as a type of adult entertainment establishment shall be presumed to be OPERATED FOR COMMERCIAL OR PECUNIARY GAIN. An establishment with an adult entertainment license shall be presumed to be an ADULT ENTERTAINMENT ESTABLISHMENT.

ADULT MATERIAL. Any one or more of the following regardless of whether it is new or used:

1. Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, other visual representations, tape 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, excluding bona fide birth control devices.

ADULT MOTEL. Any motel, hotel, boarding house, rooming house 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, videotapes, slides or other photographic reproductions, which have as their primary or dominate 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 PERFORMANCE ESTABLISHMENT.

1. An establishment where any worker:

a. Engages in a private performance, acts as a private model, or displays or exposes any specified anatomical areas to a customer, regardless of whether the worker engages in dancing or any particular activity;

b. Wears and displays to a customer any covering, tape, pastie, or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas, regardless of whether the worker actually engages in performing or dancing;

c. Offers, solicits, or contracts to dance or perform with a customer and accepts any consideration, tip, remuneration or compensation from or on behalf of that customer; or

d. Dances or performs with or within three feet of a customer and accepts any consideration, tip, remuneration, or compensation from or on behalf of that customer.

Exception: It is an affirmative defense that an establishment is not an ADULT PERFORMANCE ESTABLISHMENT if the establishment is a bona fide private club whose membership as a whole engages in social nudism or naturalism as in a nudist resort or camp, or such other establishment in which the predominant business or attraction of the establishment is not the offering to customers of a product, service, or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and the establishment is not distinguished by an emphasis on, or the advertising or promotion of, materials relating to or workers depicting, describing, displaying, exposing, or simulating specified sexual activities or specified anatomical areas.

2. An ADULT PERFORMANCE ESTABLISHMENT shall not be deemed a place provided or set apart for the purpose of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence of F.S. 800.03, the state's indecent exposure statute as set forth in the decision of the Supreme Court of Florida in the case of Hoffman v. Carson, 250 So.2d 891, 893 (Fla. 1971), appeal dismissed 404 U.S. 981 (1971).

ADULT THEATER. Any establishment which has adult booths where adult material may be viewed or any establishment which has an auditorium, rooms, or an open-air area where persons may view films, motion pictures, video cassettes, 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 and adult booth or peep show arcades are considered to be ADULT THEATERS.

ALCOHOLIC BEVERAGE A beverage containing more than one percent of alcohol by weight. 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 beer, wine, whiskey, moonshine whiskey, moonshine, shine, rum, gin, tequila, bourbon, vodka, scotch, scotch whiskey, brandy, malt liquor, or by any other similar name or names, or was contained in a bottle or can be 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. 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/her opinion about whether such beverage is an ALCOHOLIC BEVERAGE.

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

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

1. Persons licensed as a massage therapist or apprentice massage therapist pursuant to F.S. Chapter 480 if providing massage services only in a massage establishment licensed under F.S. Chapter 480.

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

3. Registered nurses under the laws of Florida.

4. Barbers or beauticians licensed under the laws of Florida.

5. Cosmetologists licensed under the laws of Florida.

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

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

8. Physical therapists licensed under the laws of Florida.

COMMERCIAL PHYSICAL CONTACT PARLOR. A business, establishment, or place operated for commercial or pecuniary gain, where any worker engages in COMMERCIAL PHYSICAL CONTACT, or any business or establishment for which any portion is set aside as a place where COMMERCIAL PHYSICAL CONTACT occurs or as a "body scrub salon", or as a "relaxation salon".

CONVICTION. A determination of guilt resulting from a plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

CUSTOMER. Any person at an establishment, excluding an employee or operator, who does any of the following:

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

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

DEPARTMENT. The Department of Planning and Development Services, Fire-Rescue and Beach Safety Department, Police Department or Treasury Division, including the respective director, workers, officers 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 a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning. However, the term EDUCATIONAL INSTITUTION does not include a premises or site upon which there is a vocational institution, professional institution or an institution of higher education, including a community college, junior college, four year college or university.

ESCORT. Any person who, for commercial or pecuniary gain, compensation, or tips agrees to, offers to go, or goes to any place, including a business, hotel, motel, residence, or conveyance to do any of the following acts:

1. Act as a companion or date for, or converse with a customer;

2. Engage in physical contact with another person;

3. Provide private adult entertainment;

4. Engage in private modeling or lingerie modeling;

5. Display specified anatomical areas, strip naked, or go topless; or

6. Engage in any specified sexual activity.

Caveat: Nothing in this definition shall be construed to legalize prostitution or other conduct prohibited by this code or other law.

ESCORT SERVICE or ESCORT AGENCY. A person, business, establishment, or place operated for commercial or pecuniary gain, which does any of the following:

1. Offers that it can furnish escorts, private dancers, or private models; or

2. Offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer.

Exception: It is an affirmative defense that a business is not an ESCORT SERVICE if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches or dates for two persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration or compensation for the meeting or date.

ESTABLISHMENT. Any place, site, or premises, or portion thereof, upon which any person, corporation, or business conducts activities or operations for commercial or pecuniary gain, including any place, site or premises from where an escort service dispatches or refers workers to other locations or at which an escort service receives business calls from customers.

LAW ENFORCEMENT OFFICER. An officer who is on official duty for a law enforcement agency including, but not limited to, the Hollywood Police Department.

LICENSEE. shall mean any person, partnership, or corporation whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment.

NUDITY. To display or expose at an adult entertainment establishment less than completely and opaquely covered:

1. Human genitals or pubic region;

2. The cleavage of the human buttocks; or

3. The areola or nipple of the human female breast.

OPERATED FOR COMMERCIAL OR PECUNIARY GAIN. Any business or attempt to generate income and shall not depend upon actual profit or loss. An establishment which has an occupational license shall be presumed to be OPERATED FOR COMMERCIAL OR PECUNIARY GAIN.

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

PREEXISTING.

1. The establishment or institution is already being lawfully used or lawfully occupied; or

2. A building permit for the establishment, institution has been lawfully issued, all fees associated with the permit have been paid, and the permit has not expired; or

3. An application or plan to allow the establishment or institution to be constructed, used, or occupied has been filed and is undergoing review or is approved, with or without conditions.

PRIVATE MODEL. Any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modeling, or display of male or female lingerie, bathing suits, undergarments, lingerie, or specified anatomical areas to the view of a customer.

PRIVATE PERFORMANCE. Modeling, posing, or the display or exposure of any specified anatomical area by a worker of an adult entertainment establishment to a customer, while the customer is in an area not accessible during such display to all other persons in the establishment or, while the customer or worker is in an area which is private or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area.

RELIGIOUS INSTITUTION. A premises or site which is used primarily or exclusively for religious worship and related religious activities.

SEXUALLY ORIENTED BUSINESS. A commercial physical contact establishment or escort service regardless of whether such business is licensed under this ordinance.

SPECIFIED ANATOMICAL AREAS.

1. Less than completely and opaquely covered:

a. Human genitals or pubic region; or

b. Any part of the human buttocks; or

c. That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

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

3. Any simulation of the above.

SPECIFIED CRIMINAL ACT.

1. A violation of Article V of this Adult Entertainment code; or

2. Any offense under the following chapters of the F.S. Chapter 794 regarding sexual battery, F.S. Chapter 796 regarding prostitution, F.S. Chapter 800 regarding lewdness and indecent exposure, and F.S. Chapter 847 regarding obscene literature; or

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

SPECIFIED SEXUAL ACTIVITY.

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

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

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

4. Excretory functions as part of or in connection with any of the activities set forth in subsections (a), (b), or (c).

STRADDLE DANCE (also known as a LAP DANCE, FACE DANCE, or FRICTION DANCE). Either of the following acts at an establishment:

1. The use by a worker of any part of his or her body to touch the genital or pubic area of another person, or the touching of the genital or pubic area of any worker to another person. It shall be a STRADDLE DANCE regardless of whether the "touch" or "touching" occurs while the worker 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 indirect (through a medium); or

2. The straddling of the legs of a worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching.

WORKER. A person who works, performs, or provides services at an adult entertainment establishment or who is an Escort, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, employees, independent contractors, subcontractors, lessees, or sub-lessees who work or perform at an adult entertainment establishment.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

The provisions of this code may be enforced by:

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

B. Enforcement proceedings by a City Code Enforcement Special Master; or

C. Criminal prosecution as provided in Article V of this code.

(Ord. O-97-09, passed 3-26-97)

Ultimate responsibility for the administration of this code is vested in the City Commission. The other Departments are responsible for the following:

A. The Department of Planning and Development Services is responsible for authorizing the granting, denying, revoking, renewing, suspending, and canceling of adult entertainment licenses for proposed and existing adult entertainment establishments as set out in Article II of this code.

B. The Police Department is responsible for verifying information contained on an application made pursuant to § 11.21, for inspecting proposed or existing adult entertainment establishments in order to ascertain compliance with applicable criminal statutes and ordinances, including those set forth at Article V of this code, for determining whether adult entertainment license applicants have been convicted of a felony or a specified criminal act within the previous five years, and for enforcing applicable criminal statutes and ordinances, including those set forth at Article V of this code.

C. The Department of Planning and Development Services is responsible for inspecting any proposed establishment or existing adult entertainment establishment in order to ascertain compliance with Article IV of this code and all applicable building codes, statutes, ordinances, and regulations.

D. The Fire-Rescue and Beach Safety Department is responsible for inspecting any proposed or existing adult entertainment establishment in order to ascertain compliance with Article IV of this code and all applicable fire codes, statutes, ordinances, and regulations.

E. The Department of Planning and Development Services is responsible for ascertaining whether the location of proposed adult entertainment establishments complies with all distance, zoning, and location requirements of Article III of this code, applicable portions of Article IV of this code, and all applicable zoning regulations in the city and whether existing adult entertainment establishments are in compliance with Article III and Article IV of this code and all applicable zoning regulations and land use laws.

F. The Occupational License Division is responsible for the acceptance of applications for, issuance of, collection of fees for and renewal of adult entertainment licenses for proposed and existing adult entertainment establishments as set out in Article II of this code.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

Any decision of the Department of Planning and Development Services pursuant to granting or denying a license under Article II of this code (“Licensing”) may be immediately reviewed as a matter of right by the Circuit Court upon the filing of an appropriate pleading by an aggrieved party.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

Any notice required under this code shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license, which shall be considered the correct address for service unless the Treasury Division or the Department of Planning and Development Services has been otherwise notified in writing, or by personal service or delivery to the applicant or licensee.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

The city or any of its departments, agents or employees, or any Law Enforcement Officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult entertainment establishment while acting within the scope of the authority under this code.

(Ord. O-97-09, passed 3-26-97)

This Code 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 code shall apply equally to all persons, regardless of sex. Masculine pronouns, such as "he", "his", and "him", as employed in this Code, shall also be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Words used in the singular number shall include the plural number, unless the context suggests otherwise.

(Ord. O-97-09, passed 3-26-97)

A. Operators of adult entertainment establishments existing and operating on April 23,1997 ("Current Adult Establishments"), shall make an application for License hereunder, complete with all required information and the required number of copies, on or before June 23, 1997. Current adult establishments shall be allowed to operate until the application is made and either the license is issued or denied.

B. Notwithstanding subsection (A) above, all current adult establishments shall comply with the structural requirements in § 11.41(A) and (C), within 90 days of the effective date of this article.

C. Notwithstanding subsection (A) above, all current adult establishments shall comply with the structural requirements in § 11.42, within 90 days of the effective date of this article.

D. All current adult establishments must satisfy all requirements of this Code prior to the issuance of the license.

E. If an application for license is denied, the operation of a current adult establishment shall cease within ten business days of receipt of notice of denial. Operation without a valid license is subject to the provisions of §§ 11.50 et seq. of this article.

F. All current adult establishments that fail to receive an adult entertainment license pursuant to this code by September 1, 1997, must cease operation of the establishment. Operation without a license after October 1, 1997, is subject to the provisions of §§ 11.50 et seq. of this article.

G. Pursuant to §§ 11.30 et seq., all current adult establishments shall present proof of compliance with the distance separation requirements or of its legal nonconforming zoning status to the Treasury Division before issuance of the license.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Requirement. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license authorized by the Department of Planning and Development Services under this code. All such licenses shall be issued, and all fees for such licenses and their renewal shall be collected, by the Treasury Division.

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

1. Adult Bookstore;

2. Adult Performance Establishment;

3. Adult Theater;

4. Commercial Physical Contact Parlor; or

5. Escort Service.

C. Classification of license. An adult entertainment establishment shall carry a separate adult entertainment license for each of the above described activities which are carried on in the establishment.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Required. Any person desiring to operate an adult entertainment establishment shall file with the Treasury Division a sworn license application on standard application forms supplied by the Treasury Division.

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/her legal name, and any aliases, and submit satisfactory proof that he is at least 18 years of age or older;

b. A partnership, the partnership shall state its complete name, the names and residential addresses and residential telephone numbers of all partners whether general or limited, the residence address of at least one person authorized to accept service of process, and provide a copy of any existing 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, the name and address of the registered corporate agent for service of process, the name, residential address, and residential telephone number of the person making the application for the corporation and provide a copy of its articles of incorporation;

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

3. Whether the applicant or any of the other individuals listed pursuant to subsection (1) has, within the five-year period immediately preceding the date of the application, been convicted of a felony of any state or of the United States or any specified criminal act and, if so, the specific crime involved, the date of conviction and the place of conviction;

4. Whether the applicant or any of the other individuals listed pursuant to subsection (1) has had a previous license under this code 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, and whether the applicant or any other individuals listed pursuant to subsection (1) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this code 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 subsection (1) holds any other licenses under this code and, if so, the names and locations of such other licensed establishments;

6. The classifications of license for which the applicant is filing;

7. The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the real property owner of the site;

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

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

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

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

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

10. A recent photograph of the applicant;

11. The applicant's social security number or employer's tax identification number and either the applicant's driver's license number or the number of a state or federally issued identification card; and

12. A notarized statement that the owner of the real property has approved of the proposed adult entertainment use, if the applicant is not the title owner.

C. Application fee. Each application shall be accompanied by a nonrefundable fee of $200. Such application fee shall be used to defray the costs and expenses incurred by the various Departments in reviewing applications. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant to this code.

D. False, incorrect, or incomplete application. If the Treasury Division determines or learns that the applicant has falsely or incorrectly completed an application, or has not properly completed the application, for a proposed establishment, the Treasury Division may notify the applicant of such fact and the applicant will be allowed ten days to properly complete the application. The revised application shall then be promptly forwarded to the appropriate departments for further review. The time period for granting or denying a license under this code shall be stayed during the period in which the applicant is allowed such an opportunity to properly complete the application. Upon receipt of a revised application the 30 day time period for granting or denying a license is extended for 10 additional days to a total of 40 days.

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

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2011-14, passed 5-4-11)

A. Processing. Upon receipt of a complete application properly filed with the Treasury Division and upon payment of the nonrefundable application fee, the Treasury Division shall immediately stamp the application with the date it was received and shall immediately thereafter send photocopies of the application and all attachments to the Police Department, the Department of Planning and Development Services and Engineering Division, the Fire-Rescue and Beach Safety Department.

B. Investigation. Each Department shall promptly conduct an investigation of the applicant, application, and the proposed establishment in accordance with its responsibilities under this code to determine whether false, incomplete, or incorrect information was given on the application or whether the proposed establishment will be in violation of any provision of Article III or Article IV of this code or of any building, fire, health, or zoning statute, code, ordinance, regulation, lease, deed restriction, or court order.

C. Findings. After investigation, each Department shall promptly report its findings in writing and shall prepare a report and forward its findings to the Department of Planning and Development Services and shall state whether the Department finds that false, incomplete, or incorrect information was given on the application or whether the proposed establishment will be in violation of any provision of Article III or Article IV of this code or of any building, fire, health, or zoning statute, code, ordinance, regulation, lease, deed restriction, or court order.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Time period for granting or denying license. The Department of Planning and Development Services shall grant or deny an application for a license under Article II within 30 days from the date of its proper filing and shall notify the Treasury Division that it may issue the license. Upon the expiration of the thirtieth day, the applicant shall be permitted to begin operating the establishment for which a license is sought, unless and until the Treasury Division notifies the applicant of a denial of the application and states the reasons for that denial.

B. Granting of application for license. If none of the Departments have made a finding that would require that the application be denied, the Department of Planning and Development Services shall grant the application, and the Treasury Division shall notify the applicant within seven days of the granting, and issue the license to the applicant upon payment of the appropriate annual license fee required in this code with credit for the application fee as provided above in this code.

C. Denying of application for license.

1. The Department of Planning and Development Services shall review the findings reported by the Departments and deny the application for any of the following reasons:

a. The application contains material false information or is incomplete;

b. The applicant has failed to comply with F.S. Chapter 607 regarding corporations, F.S. Chapter 620 regarding partnerships, or F.S. 895.09 regarding fictitious names;

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

d. The applicant or any other individual listed pursuant to § 11.21.B.1. has had a license under this code suspended or revoked by the Department of Planning and Development Services.

2. If the application is denied, the Treasury Division shall, within seven days, notify the applicant of the denial and the reason(s) for the denial.

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

E. All communications regarding approval or denial shall be in writing and be issued by and through the Treasury Division. Oral statements issued directly or independently by the review departments shall not be deemed to create a reliance or estoppel situation as to the provisions of this code.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Contents. An adult entertainment license shall state the name of the licensee, the name of the establishment, the street address of the establishment, the classification of the license, the date of issuance, and the date of expiration.

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

C. Renewals. Licenses shall be renewed annually. Subject to other provisions of this code, a licensee under this code shall be entitled to a renewal of his/her annual license from year to year, as a matter of course, on October 1st by presenting the license for the previous year, restating and updating all information required for a license application, and by paying the applicable license fee.

D. Expiration. A license that is not renewed under this code by October 1st of each year shall expire. However, an expired license may be renewed by November 30th of the same year upon presentment of an affidavit stating that no adult entertainment activity has taken place at the establishment subsequent to expiration, upon payment of the applicable license fee, and upon payment of a penalty of 10%.

E. Cancellation. Any expired licenses not renewed by November 30th shall be canceled summarily by the Treasury Division.

F. Reports and records. Each licensee shall keep such records and make such reports as may be required by the Department of Planning and Development Services and the Departments to implement this code and to carry out its purpose. Whenever the information required by or provided on the application under § 11.21.B. has changed, the licensee shall promptly report in writing to the Treasury Division the changed information.

G. Consent. By holding a license under this code, the licensee shall be deemed to have consented to the provisions of this code and to the exercise by the Department of Planning and Development Services and the Departments of their responsibilities under this code.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Levy. There are hereby levied the following annual license fees under this Code for the following classifications of adult entertainment establishment:

1. Adult Bookstore - $750;

2. Adult Theater, as follows:

a. Having adult booths - $35 for each booth;

b. Having a hall or auditorium - $3.50 for each seat;

c. Having an area outdoors designed to permit viewing by customers seated in vehicles - $3.50 for each parking space;

d. Having a combination of a., b. and/or c., the cumulative license fee applicable to each under such subsections;

3. Adult Motel, $750;

4. Adult Performance Establishment, $750.

5. Commercial Physical Contact Parlor, $750.

6. Escort Service, $750.

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

(Ord. O-97-09, passed 3-26-97)

A. Requirements. An adult entertainment license may be transferred to another person only upon satisfaction of the following requirements:

1. A transferred license is applied for to the Treasury Division by filing an application setting forth the information called for under § 11.21.B., the application is processed and investigated pursuant to § 11.22, and the application has been granted by the Department of Planning and Development Services pursuant to § 11.23.B.;

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

3. A transfer fee of 10% of the annual license fee is paid; and

4. A transferred license has been issued by the Treasury Division.

B. Effect of suspension or revocation procedures. No license may be transferred pursuant to subsection (A) when the Treasury Division has notified the licensee of pending suspension or revocation proceedings against the license.

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

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

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

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

A. Gives the Treasury Division 30 days notice in writing of the proposed name change;

B. Pays the Treasury Division a $10 change-of-name fee; and

C. Complies with F.S. 865.09 regarding fictitious names.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2011-14, passed 5-4-11)

A. Suspension for illegal transfer. In the event the Department of Planning and Development Services learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to § 11.26, the Treasury Division shall forthwith notify the licensee of the pending suspension of the license. If the suspension becomes effective, the suspension shall remain in effect until documents which satisfy the requirements of § 11.26 are filed with the Treasury Division and a transferred license has been issued.

B. Suspension for violation of 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 § 11.40, 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 violation presents an imminent and serious danger to the health or safety of the public, it must be remedied immediately. If the licensee fails to correct the violation before the expiration of the seven-day period, the Department shall notify the Treasury Division, who shall forthwith notify the licensee of pending suspension of the license. If the suspension becomes effective, the suspension shall remain in effect until the Department which reported the violation notifies the Department of Planning and Development Services in writing that the violation of the provision in question has been corrected.

C. Suspension for illegal conduct at establishment.

1. Three convictions. In the event three or more violations of specified criminal acts occur at an adult entertainment establishment within a two-year period, and convictions result from at least three of the violations, the Treasury Division shall, upon receiving evidence of the three convictions, notify the licensee of a pending suspension of the license for a period of 30 days.

2. Additional conviction following suspension. In the event one or more additional violations of any specified criminal act occur at the same establishment within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 30 days under subsection (C)(1), but not including any time during which the license was suspended for 30 days, and a conviction results from one or more of the violations, the Treasury Division shall, upon receiving evidence of the additional conviction after previous suspension, notify the licensee of a pending suspension of the license for a period of 90 days.

3. Additional conviction following two prior suspensions. In the event one or more additional violations of any specified criminal act occur at the same establishment within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 90 days under subsection (C)(2), but not including any time during which the license was suspended for 90 days, and a conviction results from one or more of the violations, the Treasury Division shall, upon receiving evidence of the additional conviction after two previous suspensions, notify the licensee of the pending suspension of the license for a period of 180 days.

D. Revocation for repeat convictions following three suspensions. In the event one or more additional violations of any specified criminal act occurs at an adult entertainment establishment which has had a license suspended for a period of 180 days pursuant to § 11.28C.3., and the violation occurs within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 180 days, but not including any time during which the license was suspended for 180 days, the Treasury Division shall, upon receiving evidence of a conviction for the subsequent violation after three suspensions, forthwith notify the licensee of the pending revocation of the license.

E. Revocation for false information. In the event the Treasury Division receives evidence that a license was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, the Treasury Division shall forthwith notify the licensee of the pending revocation of the license.

F. Transfer or renewal. The transfer or renewal of a license pursuant to this code shall not defeat a suspension or revocation of a license or related proceedings.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Challenge to suspension or revocation. If the Treasury Division notifies a licensee in writing of the pending suspension or revocation of a license, then the suspension or revocation shall become final and effective seven days after mailing to the licensee's record address or actual delivery of the notice to the licensee, unless the licensee first files with the Treasury Division a written response stating the reasons why the suspension or revocation is alleged to be in error or inappropriate and a written notice of intent to challenge the suspension or revocation requesting a hearing to determine whether the suspension or revocation will become effective. A suspension or revocation already in effect but not previously challenged in a suspension or revocation hearing may be challenged in the same manner but is not abated during the proceedings.

B. Hearing on suspension or revocation. If a licensee files a written response and notice of intent to challenge a pending or existing suspension or revocation, then a public hearing to determine if the pending suspension or revocation will become effective and final shall be held by the Planning and Development Board. The Department of Planning and Development Services shall notify the City Attorney and any appropriate City Staff who shall schedule and provide notice of the hearing.

1. The suspension or revocation hearing should be held within 20 days of a written challenge and request for a hearing, or as soon thereafter as can reasonably be scheduled, but no sooner than after seven days notice mailed to the licensee and posting to the public at a place for notices in City Hall.

2. The participants before the Planning and Development Board shall be the licensee, any witnesses of the licensee, City Staff, any interested members of the public, and any witnesses of the interested members of the public. Any interested member of the public who participates at the hearing shall provide a mailing address with the Planning and Development Board.

3. The licensee and any witnesses of the licensee shall be limited to a total of 30 minutes to present the licensee's case. City Staff shall be similarly limited to a total of 30 minutes. Each interested member of the public and their witnesses shall be limited to ten minutes. For good cause shown, the Planning and Development Board may grant additional time to each side or the public.

4. Testimony and evidence may be submitted by any witness but shall be limited to matters directly relating to the grounds for suspension or revocation. Irrelevant, immaterial, or unduly repetitious testimony or evidence may be excluded.

5. All testimony shall be under oath. The Planning and Development Board shall decide all questions of procedure and standing. The order of presentation of testimony and evidence shall be as follows:

a. The licensee and any witnesses of the licensee.

b. Any interested member of the public and their witnesses, if any.

c. The City Staff and any witnesses.

d. Rebuttal witnesses from the licensee.

e. Rebuttal witnesses from the City Staff.

f. Summation by the licensee.

g. Summation by the City Staff.

6. The Planning and Development Board may also call and question witnesses or request additional evidence as the Planning and Development Board deems necessary and appropriate.

7. To the maximum extent practicable, the hearing shall be informal. Reasonable cross examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony.

8. If the Planning and Development Board comes to believe that any facts, claims, or allegations necessitate additional review or response by either the licensee or staff, then the Planning and Development Board may order the hearing continued until an announced date certain.

9. The Planning and Development Board shall render a written decision determining whether the suspension or revocation will become or remain effective within ten days after the suspension or revocation hearing concludes.

C. Filing of decision. The original of the written decision of the Planning and Development Board shall be filed with the clerk to the City Commission, and copies shall be mailed to the Department of Planning and Development Services, the Treasury Division, the licensee, and to any interested member of the public who participated at the hearing.

D. Appeals to City Commission. Any person who participated in the suspension or revocation hearing before the Planning and Development Board and who is aggrieved by the decision of the Planning and Development Board on suspension or revocation of an adult entertainment license may appeal the decision to the City Commission. A pending suspension or revocation shall be abated during an appeal of the Planning and Development Board’s ruling to the City Commission.

1. For an aggrieved person to appeal a suspension or revocation decision, he/she shall file a notice of appeal and a written statement describing the alleged error by the Planning and Development Board with the clerk to the City Commission not later than 15 days after the decision of the Planning and Development Board is filed with the clerk to the City Commission.

2. If an aggrieved party files a timely notice of appeal, the City Commission shall review the decision of the Planning and Development Board within 30 days or as soon thereafter as can reasonably be scheduled. Prior to such review, no party may communicate with any commissioner about the case except for administrative and scheduling matters.

3. The record before the City Commission shall consist of the complete record of the proceedings and evidence before the Planning and Development Board. The licensee, appropriate City Staff, and any interested member of the public who participated at the hearing before the Planning and Development Board may make additional argument before the City Commission.

4. The licensee and City Staff shall be limited to a total of ten minutes each to present additional argument. Any interested member of the public who participated at the hearing shall be limited to three minutes each to present argument. For good cause shown, the mayor may grant additional time.

5. At the conclusion of the hearing, the City Commission shall vote and render a decision either affirming or reversing the decision of the Planning and Development Board or remanding the case to the Planning and Development Board for further consideration of evidence or testimony.

6. A record of the decision on the appeal shall be made and filed by the clerk to the City Commission who shall also notify the Treasury Division and the Department of Planning and Development Services of the Commission's decision on the appeal.

7. If a decision by the Planning and Development Board that a suspension or revocation shall become effective is upheld by the Commission, then that suspension or revocation shall go into effect the day following the decision of the Commission.

E. Judicial review. Any person who participated in a suspension or revocation hearing before the Planning and Development Board and the appeal from that hearing before the City Commission and who is aggrieved by the decision of the City Commission on the appeal, may challenge the decision in the Circuit Court by filing a petition for writ of certiorari with the clerk to the Circuit Court not later than 30 days after the decision of the City Commission is filed with the clerk to the City Commission. The appellate record before the Circuit Court shall consist of the complete record of the proceedings before the City Commission and the Planning and Development Board.

F. Requirement of exhaustion of procedures. Judicial review of a suspension or revocation, or related hearing or appeal proceedings, shall be available only after the administrative remedies procedures and remedies set forth in this § 11.29 of this code have been exhausted.

G. Notice of final suspension or revocation. If no response or request for a suspension or revocation hearing is filed within seven days of the notice of a pending suspension or revocation, or if the licensee who requested the hearing does not appear at the suspension or revocation hearing after notice, or if the Planning and Development Board decides after a hearing that a pending suspension or revocation will become final and no appeal is made to the City Commission, or if an appeal is made and the City Commission upholds a suspension or revocation decision of the Planning and Development Board, then the Treasury Division shall issue to the licensee notice of final suspension or revocation of the adult entertainment license and mail or arrange delivery of the notice to the licensee's record address.

H. Effective date of suspension or revocation. The suspension or revocation of a license shall take effect the day after delivery of a notice of final suspension or revocation to the licensee in person, or by mail to the licensee's record address, or on the date the licensee surrenders the license, whichever happens first. The licensee shall immediately return and surrender a revoked license to the Treasury Division or surrender the revoked license, upon demand, to a member of the Police Department. A suspension or revocation shall be abated during an appeal of the Planning and Development Board’s ruling to the City Commission until the day following the decision of the Commission.

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

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2001-16, passed 5-16-2001; Am. Ord. O-2006-20, passed 6-7-06; Am. Ord. O-2011-14, passed 5-4-11)

A. Zoning. Notwithstanding any other provision of the City of Hollywood Zoning and Land Development Regulations, no person shall propose, cause or permit the operation of or enlargement of (except when an enlargement is required by law) an adult entertainment establishment except in districts with the following zoning designations: C-1, C-2, C-3, C-4, C-5, IM-1, IM-2, IM-3, IM-4, PEDD (or the equivalent county zonings on property which has been annexed into the city, but not yet had city zoning applied to it).

B. Distance minimums. In addition to the zoning requirements set forth in subsection (A), an adult entertainment establishment shall not be allowed to open, operate, or be enlarged (except when the enlargement is required by law) within any of the following distances:

1. 1,000 feet of a preexisting adult entertainment establishment;

2. 500 feet of a preexisting religious institution;

3. 500 feet of a preexisting educational institution;

4. 500 feet of an area zoned within the city for residential use; or

5. 500 feet of an area within the city carrying a Land Use designation of Residential on the Future Land Use Map of the City's Comprehensive Plan.

C. Any other provision of this Code to the contrary notwithstanding, there shall be no variances of the above distance requirements granted for any reason.

D. Enlargement. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than 10%.

(Ord. O-97-09, passed 3-26-97)

The distance from a proposed or existing adult entertainment establishment to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use or an area within the city carrying a Land Use designation of Residential on the Future Land Use Map of the City's Comprehensive Plan shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the preexisting adult entertainment establishment, preexisting religious institution, preexisting educational institution, area zoned for residential use or an area within the city carrying a Land Use designation of Residential on the Future Land Use Map of the City's Comprehensive Plan.

(Ord. O-97-09, passed 3-26-97)

An adult entertainment establishment which, on April 23, 1997, the date this article was adopted, was located on a site which is prohibited by § 11.30 of this article, shall be deemed "lawful nonconforming" as described in Article III. This status shall only apply to the establishment's location and shall not relieve any such establishment from the need to comply with the remaining provisions of this article or any other applicable provisions of the City Code.

(Ord. O-97-09, passed 3-26-97)

Each adult entertainment establishment is subject to all of the following general requirements and shall:

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

B. On the first Monday of each month provide the Police Department with a report of all persons who are workers, or who were workers at the establishment or for the adult entertainment business during the previous month, which report shall contain the actual legal name, date of birth, residential address, social security number, position, and stage name, if any, for each such worker.

C. Keep the adult entertainment license posted in a conspicuous place at the establishment available for inspection by the public at all times.

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

E. Install, construct, keep, maintain, or allow only those signs at the establishment which comply with the city sign ordinances and the provisions of this subsection.

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

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

F. Each entrance and exit shall remain unlocked when any customer is inside.

(Ord. O-97-09, passed 3-26-97)

In addition to the general requirements for an adult entertainment establishment contained in § 11.40, an adult theater shall comply with each of the following special requirements:

A. If an adult theater contains a hall or auditorium area, the area shall have:

1. Individual separate seats, not couches, benches, or the like, to accommodate the number of persons allowed to occupy the area;

2. A continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times;

3. A sign posted in a conspicuous place at or near each entrance 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; and

4. Sufficient illumination so that persons in all areas of the auditorium can be seen.

B. If an adult theater contains adult booths, each adult booth shall have:

1. A sign posted in a conspicuous place at or near the entrance which states the maximum number of persons allowed to occupy the booth, which number shall correlate with the number of seats in the booth;

2. A permanently open entrance not less than 32 inches wide and not less than six feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition;

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

4. A well-illuminated continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times;

5. Except for the entrance, walls or partitions of solid construction without any holes or openings in such walls or partitions; and

6. Illumination by a light bulb of no less than 25 watts.

C. If an adult theater is designed to permit outdoor viewing by customers 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 customers may not be seen by other persons from any public right-of-way, property zoned for residential use, religious institution or educational institution.

(Ord. O-97-09, passed 3-26-97)

In addition to the general requirements for an adult entertainment establishment contained in § 11.40, an adult performance establishment shall comply with each of the following special requirements:

A. Have a stage provided for the use by any worker who is displaying or exposing of any specified anatomical area to a customer consisting of a permanent platform (or other similar permanent structure) raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet; and

B. Any area in which a private performance occurs shall:

1. Have a permanently open entrance not less than 32 inches wide and not less than six feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; and

2. Have 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 worker from the customer viewing the private performance.

(Ord. O-97-09, passed 3-26-97)

In addition to the general requirements for an adult entertainment establishment contained in § 11.40, an adult bookstore shall not display merchandise or adult material in a manner that allows such merchandise or adult material to be visible from outside of the structures at the establishment.

(Ord. O-97-09, passed 3-26-97)

In addition to the general requirements for an adult entertainment establishment contained in § 11.40 above, a sexually oriented business (commercial physical contact parlor or escort service) shall comply with the following special requirements:

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

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

C. Maintain a Daily Register recording all transactions on a form provided by the Police Department, containing records of all customers with names, addresses, time expended, services purchased and mode of payment and name of all workers who provided services together with a copy of each Customer Contract; and

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

(Ord. O-97-09, passed 3-26-97)

In addition to the general requirements for an adult entertainment establishment contained in § 11.40 and the general requirements for a sexually oriented business contained in § 11.44 above, a commercial physical contact parlor shall comply with the following special requirements:

A. Operate only from a fixed physical commercial location at which are displayed its sexually oriented business adult entertainment license and all other required occupational licenses;

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

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

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

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

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

G. Not permit, suffer, or allow any animal, except a seeing eye guide dog, to be on the premises of the commercial physical contact parlor;

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

1. Configure all work areas where commercial physical contact is to be provided so that the area is readily visible at all times from common areas of the establishment outside of the work area.

(Ord. O-97-09, passed 3-26-97)

In addition to the general requirements for an adult entertainment establishment contained in § 11.40 and the general requirements for a sexually oriented business contained in § 11.44 above, an escort service shall comply with the following special requirements:

A. If offering or providing escorts within the city, an escort service must notify the Treasury Division of an authorized physical commercial location, which may or may not be within the city, from where the escort service operates and dispatches escorts;

B. Include in all advertising or promotional literature posted, placed, published, or distributed within the city the number of a valid adult entertainment establishment / escort service license issued by the Treasury Division unless the escort service does not refer, send, or dispatch escorts to any location within the jurisdictional limits of the city; and

C. Ensure that every escort and worker of an escort service is provided or obtains, carries while working as an escort, and displays upon the request of any Law Enforcement Officer, an occupational license to engage in the occupation of escort within the city. Exception: An escort or worker of an escort service who is a paid employee for whom taxes and social security payments are withheld and paid by the escort service, and who is not an independent contractor, may substitute and carry a copy of the Adult Entertainment Escort Service license of the employing escort service.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2011-14, passed 5-4-11)

A. An adult entertainment establishment shall maintain a Worker Record for each worker who currently works or performs at the establishment, and for each former worker who worked or performed at the establishment during the preceding one year period.

1. The Worker Record shall contain the current or former worker's full legal name, including any aliases, date of birth, residential address, residential telephone number, social security number, driver's license number or state or federally issued identification card number, and a recent photograph of the worker.

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

3. The Worker Record shall also contain a copy of a valid city occupational or adult entertainment license for any lessee, sublessee, independent contractor, or subcontractor who is not an employee and is allowed to work or perform at the establishment.

B. The original, or true and exact photocopies, of each required Worker Record, Customer Contract, and Daily Register required by Article IV shall be kept available for inspection at the establishment at all times.

C. Each operator of the establishment shall be responsible for knowing the location of the original, or true and exact photocopies, of each of the required Worker Record, Customer Contract, and Daily Register records.

D. Each operator of the establishment shall, upon request by a Law Enforcement Officer when the establishment is open for business, immediately make available for inspection the original, or the true and exact photocopies, of each of the required Worker Record, Customer Contract, and Daily Register records.

(Ord. O-97-09, passed 3-26-97)

Whoever violates any section of Article V ("Criminal Provisions") may be punished as provided in F.S. 125.69.

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for any person to be an operator of an adult entertainment establishment when:

A. The establishment does not have a valid adult entertainment license for each applicable classification;

B. The license of the establishment is under suspension;

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

D. The establishment has a license which has expired.

(Ord. O-97-09, passed 3-26-97)

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

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for any person to be an operator of an adult entertainment establishment:

A. Which does not satisfy all of the general requirements of § 11.40(C), (D), (E), or (F);

B. Which is an adult theater and does not satisfy all of the special requirements of § 11.41;

C. Which is an adult performance establishment and does not satisfy all of the special requirements of § 11.42;

D. Which is an adult bookstore which does not satisfy all of the special requirements of § 11.43;

E. Which is a sexually oriented business (commercial physical contact parlor or escort service) which does not satisfy all of the special requirements of § 11.44;

F. Which is a commercial physical contact establishment and does not satisfy all of the special requirements of § 11.45;

G. Which is an escort service and does not satisfy all of the special requirements of § 11.46; or

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

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for a worker of an adult entertainment establishment to commit any of the following acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, or allow any worker to commit any of the following acts:

A. Engage in a straddle dance with a person at the establishment;

B. Offer, contract or otherwise agree to engage in a straddle dance with a person at the establishment;

C. Engage in any specified sexual activity at the establishment;

D. Engage in nudity, as defined in § 11.6 of this code, at the establishment;

E. Display or expose at the establishment specified anatomical areas while such worker is not continuously positioned at least three feet away from all other persons or while such worker is not in an area as described in § 11.42(A);

F. Display or expose specified anatomical areas at an establishment where alcoholic beverages are sold, offered for sale or consumed.

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

H. Engage in a private performance unless such worker is in an area which complies with the requirements of § 11.42(B)(1) and (2);

I. Intentionally touch any person at the adult entertainment establishment, while engaged in the display or exposure of any specified anatomical area; or

J. Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, 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.

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

(Ord. O-97-09, passed 3-26-97)

A. It shall be unlawful for any person in an adult entertainment establishment to intentionally touch a worker 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 to intentionally touch the clothed or unclothed breast of a worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee of the worker.

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for an operator of an adult entertainment establishment to advertise, encourage, or promote any activity prohibited by this code or any applicable state statute or ordinance.

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for an operator or worker of an adult entertainment establishment to knowingly, or with reason to know, permit, suffer, or allow a person under 18 years of age to:

A. Enter or remain in the establishment;

B. Purchase goods or services at the establishment; or

C. Work or perform at the establishment as a worker.

(Ord. O-97-09, passed 3-26-97)

A. It shall be unlawful to be an operator of an adult entertainment establishment at which the license required by Article II of this code and each record required by Article IV of this adult entertainment code, including every Worker Record, Customer Contract, and Daily Register have not been compiled, are not maintained, or are not made available for inspection by a Law Enforcement Officer upon request when the establishment is open for business.

B. It shall be unlawful to be a worker of an adult entertainment establishment who fails to obtain, carry, and display upon demand of a Law Enforcement Officer, while working in the adult entertainment occupation, a local business tax receipt for the adult entertainment occupation in which the worker is engaged.

Exception: It is an affirmative defense and subsection (B) does not apply to a worker of an adult entertainment establishment who is a paid employee for whom taxes and social security payments are withheld and paid to the federal government by the adult entertainment establishment, and who is not an independent contractor, except an employee who is an escort working away from the establishment premises who shall then be required to obtain, carry, and display to Law Enforcement Officer, upon demand, a copy of the adult entertainment license of the employing escort service.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2011-14, passed 5-4-11)

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 § 11.41.

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful between the hours of 2:00 a.m. and 9:00 a.m. of any day for:

A. An operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow, suffer or permit any worker to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service.

B. A worker 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.

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for any person, except the Treasury Division, to alter or otherwise change the contents or appearance of an adult entertainment license.

(Ord. O-97-09, passed 3-26-97; Am. Ord. O-2011-14, passed 5-4-11)

A. It shall be unlawful for any person applying for an adult entertainment license pursuant to Article II to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of a license on the application required by § 11.21.

B. It shall also be unlawful for any person to provide false or misleading information in the monthly reports required by § 11.40 or in the Worker Record required by § 11.47, or the Customer Contract and Daily Register records required by § 11.44.

(Ord. O-97-09, passed 3-26-97)

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

(Ord. O-97-09, passed 3-26-97)

It shall be unlawful for a worker of an adult entertainment establishment to knowingly, or with reason to know, permit, suffer, entice, or allow a customer to engage in any specified sexual activity at the establishment while remaining in the presence of the worker.

(Ord. O-97-09, passed 3-26-97)

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

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

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

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

(Ord. O-97-09, passed 3-26-97)

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

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

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

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

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

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

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

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

(Ord. O-97-09, passed 3-26-97)

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

A. Enter a hotel, motel, or other transient place of lodging for the purpose of meeting or serving a customer without immediately meeting with the front desk or reception area personnel and doing each of the following:

1. Provide the time of arrival and the estimated time of departure;

2. Present a copy of the escort service's adult entertainment license and the escort's occupational license;

3. Identify himself or herself, identify the escort service that sent him or her, state the name of the customer he or she is meeting or servicing, and the location of the meeting, including any applicable room number; and notify the front desk or reception area personnel upon departing the premises.

B. Distribute, place, post, or leave any unsolicited business cards, advertisement, or promotional material on or within the premises of any other business.

C. Begin a meeting or service with a customer between 10 p.m. any day of the week and 9:00 a.m. of the following day;

D. Begin a meeting or service with a customer without first meeting said customer in a public place such as a bar or restaurant before accompanying the customer to any place which is not open and occupied by the public, such as a hotel room or residence;

E. Display or expose specified anatomical areas to a customer of an escort service;

F. Require, entice, or solicit a customer to remove any item of clothing;

(Ord. O-97-09, passed 3-26-97)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BODY PIERCING ESTABLISHMENT. 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, presterilized ear-piercing septum that penetrates the outer perimeter or lobe of the ear, or both, is exempt from this definition.

TANNING DEVICE. Equipment that emits electromagnetic radiation of wavelengths between 200 and 400 nanometers and that is used for tanning the skin, including a sunlamp, tanning booth, or tanning bed or any accompanying equipment.

TANNING ESTABLISHMENT. A facility or place of business licensed under F.S. § 381.89, which provides access to a tanning device by customers.

TATTOO ESTABLISHMENT. 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.

(Ord. O-99-04, passed 1-6-99)

The following uses are declared to be adult businesses:

A. Body piercing establishment.

B. Tanning establishment.

C. Tattoo establishment.

(Ord. O-99-04, passed 1-6-99)

A. Zoning. Notwithstanding any other provision of the City of Hollywood Zoning and Land Development Regulations, no person or entity shall propose cause or permit the operation of an adult business except in a district with a zoning designation of IM-1.

B. Distance limitation. None of the adult businesses set forth in this chapter, or added from time to time by amendment, shall be located within any of the following distances:

1. 1000 feet of an area zoned within the city for residential use;

2. 500 feet of a pre-existing religious institution;

3. 500 feet of a pre-existing educational institution;

4. 1000 feet of an area within the city carrying a land use designation of Residential on the Future Land Use Map of the city's Comprehensive Plan: or

5. 1,000 feet of a pre-existing adult business.

C. Any other provision of this code to the contrary notwithstanding, there shall be no variances of the above requirements granted for any reason.

(Ord. O-99-04, passed 1-6-99)

The distance from a proposed or existing adult business to a pre-existing adult business, a pre-existing religious institution, a pre-existing educational institution, an area zoned for residential use or an area within the city carrying a land use designation of residential on the Future Land Map of the city’s Comprehensive Plan shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult business and the pre-existing adult business, pre-existing religious institution, pre-existing educational institution, area zoned for residential use or an area within the city carrying a land use designation of residential on the Future Land Use Map of the city's Comprehensive Plan.

(Ord. O-99-04, passed 1-6-99)

A. All adult businesses shall obtain the appropriate local business tax receipt pursuant to Chapter 110 of the City's Code of Ordinances.

B. All tattoo establishments shall comply with the requirements set forth in F.S. § 877.04 and submit the following to the city:

1. The name of the person(s) performing the tattooing and copies of their license to practice medicine or dentistry; and

2. Names of those individuals performing the tattooing under the supervision of the licensed individual.

C. All tanning establishments shall comply with the regulations set forth in F.S. § 381.89 and submit to the city a copy of its license issued by the Department of Health.

(Ord. O-99-04, passed 1-6-99; Am. Ord. O-2011-14, passed 5-4-11)

The provisions of this chapter shall not be construed to be retroactive, and any existing adult business which conformed to the city's regulations and state law requirements in effect when such adult business was established shall not be rendered illegal by the adoption of Ordinance O-99-04 or amendments to that ordinance. Any such adult business shall be subject to the Zoning and Land Development Regulations relating to lawful nonconforming uses.

(Ord. O-99-04, passed 1-6-99)

Nothing in this chapter shall be construed to permit the establishment or maintenance of any adult business not otherwise permitted by the other articles of the Zoning and Land Development Regulations.

(Ord. O-99-04, passed 1-6-99)

The provisions of this chapter shall be enforced pursuant to § 10.7. of the Zoning and Land Development Regulations.

(Ord. O-99-04, passed 1-6-99)