For purposes of Part 11, the following definitions shall apply:

(a)

Adult entertainment or service facility means an escort service, adult bookstore, nude massage parlor, adult motion picture theater or adult entertainment establishment, as defined in Chapter 150, Ordinance Code.

(b)

On-premises consumption beverage license means a State alcoholic beverage license which permits the licensee to sell or serve alcoholic beverages for consumption on the premises of the licensee and includes State bottle clubs license.

(Ord. 91-59-148, § 1; Ord. 94-190-651, § 3)

Editor's note— Section 2 of Ord. 95-413-300, repealed former § 656.1102, relative to placement limitations for adult entertainment and service facilities. The provisions of former § 656.1102 derived from Ord. 91-59-148, § 1.

(a)

No adult entertainment or service facility shall be located on a site unless the site equals or exceeds all of the distance limitations required by this subsection:

(1)

One thousand feet from the boundary of another adult entertainment or services facility.

(2)

Five hundred feet from the boundary of a residential district.

(3)

One thousand feet from an established school or church.

(4)

Five hundred feet from the boundary of any business which has an on premises consumption beverage license.

(b)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility, as of March 1, 1995, no adult entertainment or service facility shall be located on a site or parcel or in a structure which, in whole or in part, has been granted an on premises consumption beverage license or which is a bottle club.

(c)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility, as of March 1, 1995, no adult entertainment or services facility shall be located on a site or parcel or in a structure which, in whole or in part, is within 500 feet of the boundary of any business which has an on-premises consumption beverage license.

(Ord. 91-59-148, § 1; Ord. 94-190-651, § 3)

Distances provided in this Part shall be measured as follows:

(a)

With respect to the distance between a location for which an adult entertainment or service facility is proposed and a location where an adult entertainment or service facility exists, the distance shall be measured by following a straight line from the nearest point of the building or portion of a building of the proposed site to the property line on which is located the existing licensed premises.

(b)

With respect to the distance from the boundary line of a residential district, or established school or church, the distance shall be measured by following a straight line from the nearest point of the building or portion of the building or property line which is the proposed licensed premises to the nearest point of the residential district boundary line or the nearest point of the property line of the established school or church.

(c)

Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which no permit has been issued for the construction of a building, distances shall be measured from the nearest point of land which is to be approved as a location for an adult entertainment or service facility. Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which a permit has been issued for the construction of a permanent building for the use, distances shall be measured from the nearest point as shown on the drawings of the building approved with the permit.

(Ord. 91-59-148, § 1)

The applicant for an adult entertainment facility which involves a change in location or a new location shall provide the Chief with a map of the proposed location and vicinity. The map shall show all locations of schools, churches, residential districts and establishments with existing on premises consumption of alcohol within a radius of 1,500 feet of the proposed location and the actual distances thereto from the proposed location measured as required by this Part. The map shall include a certificate that all distance requirements of this Part, as relates to the proposed location, have been met and both the map and certificate shall be prepared and executed by a land surveyor registered by the State.

(Ord. 91-59-148, § 1)

Where a location for an adult entertainment or service facility has been approved by the Chief as complying with the requirements of this Part and there is no building for the use at the location so approved, he shall not then approve, for a period of 12 months, a further location which would violate distance limitations with respect to the location previously approved.

(Ord. 91-59-148, § 1)

For purposes of this Part, there may be one license of each of the classifications listed in Section 150.203 issued for a single licensed premises, but no more, and all of the licenses together shall constitute the licensed premises to which the distance limitation in Section 656.1103 shall apply.

(Ord. 91-59-148, § 1)

In addition to any other requirements contained in the Code, unless otherwise exempted, each adult bookstore, adult motion picture theater and any facility containing any adult motion picture booths, as such terms are defined in Chapter 150, Ordinance Code, shall meet each of the requirements of this Section. Every building, structure and portion thereof regulated under this Section, shall comply with the requirements of this Section, whether or not the building or structure shall have been constructed, altered or repaired before or after the adoption of this Section, irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or premises, and notwithstanding any which shall have been issued for the construction or repair of the structure or for the permit to operate prior to the effective date of this Section.

(a)

The premises shall conform to the requirements of the Building Code, except to the extent that a requirement in the Building Code conflicts with a special requirement contained in this Part, then the Building Code provisions shall control but only to the extent of the conflict.

(b)

The premises shall conform to the requirements of the Fire Protection Code, except to the extent that a requirement in the Fire Protection Code conflicts with a special requirement contained in this Part, then the Fire Protection Code shall control but only to the extent of the conflict.

(c)

In erecting, installing, maintaining, altering or operating any sign permitted by this Chapter, the premises shall conform to the applicable requirements of Chapters 326 and 656.

(d)

The premises shall have each and every glass area that faces a public thoroughfare or through which casual passersby can see the material or activity inside the premises, covered over by black paint or other opaque covering; provided, that this requirement shall not apply if the uncovered glass area exposes to public view only a lobby or anteroom containing no adult material.

(e)

The premises shall conform to the requirements of F.S. Ch. 381 and the rules and regulations of the State Department of Health made pursuant thereto, and for this purpose shall be deemed to be a place serving the public for the purpose of sanitary facilities; provided, that when more than one license is issued for a single location, they shall collectively be considered as one premises for the purposes of sanitary facilities if customers may circulate freely throughout the entire area of the premises.

(f)

In all cases wherein the occupant capacity, as determined by the Chief, Fire Prevention, is at least 50 persons, exclusive of attendants and assistants, the premises shall have electric, battery-operated, emergency lights using reliable-type storage batteries provided with suitable maintenance in properly charged condition; provided, that dry batteries shall not be used; and further provided, that electric storage batteries shall be approved by the Chief, Fire Prevention for their intended use and shall comply with the National Electrical Code (NFPA-70); and further provided, that the provisions of this subsection shall not apply to adult motion picture theaters which are open-air theaters designed to permit viewing by patrons seated in automobiles.

(g)

Except for adult motion picture theaters which are open-air theaters designed to permit viewing by patrons seated in automobiles, all premises shall have an entrance room or lobby, i.e., the room which is entered from the outside, and sanitary facilities as set forth in subsection (e) of this Section. The entrance room or lobby may be as large or as small as the licensee chooses.

(h)

All other rooms in premises must either:

(1)

Be not less than 1,000 square feet in area; or

(2)

Be clearly marked in letters not less than two inches in height, "No Customers or Patrons Allowed."

(i)

Except for sanitary facilities, no doorway or entranceway within any premises shall be locked at any time a customer is anywhere within the premises or at any time the premises are open to the public unless customers or patrons are prohibited at all times from going into the rooms or areas behind such doorways or entranceways and provided such doors are marked as set forth in paragraph (h)(2) of this Section.

(j)

At least one doorway into or out of the premises shall be unlocked at any time a customer is anywhere within premises or at any time the premises are open to the public.

(k)

Except for an adult motion picture theater, all rooms open to the public in the premises shall be lighted such that the light intensity at every point 30 inches above the floor is not less than one-half footcandle.

(l)

The Sheriff shall have access to all rooms at all times any premises are open to the public. Premises are irrebuttably presumed to be open at any time a customer is on the premises. This access shall be for inspection purposes only.

(m)

No room other than a sanitary facility or room marked as set forth in subsection (h)(2) of this Section shall have any dividers or partitions or any other thing in excess of three feet in height which blocks the view of any portion of the room.

(n)

Private rooms are prohibited within the premises.

(o)

Enclosed adult motion picture booths are prohibited within the premises.

(p)

Adult entertainment, as defined within the definition of "adult entertainment establishment" in Chapter 150, Ordinance Code, is prohibited within the premises.

(q)

Nude entertainment, as defined in Chapter 150, Ordinance Code, is prohibited within the premises.

(r)

No room within the premises shall have its doorway or threshold blocked or obscured by doors, curtains, drapes or any other obstruction unless the room is:

(1)

A sanitary facility;

(2)

The room is an adult motion picture theater in which movies are projected onto a screen; or

(3)

A room marked as set forth in paragraph (h)(2), hereinabove.

(Ord. 2020-704-E, § 1)

Editor's note— For information regarding former § 656.1108, see the editor's note at § 656.1109.

Editor's note— Ord. 2003-755-E, §§ 11 and 12, amended the Code by repealing former §§ 656.1108 and 656.1109. Former § 656.1108 pertained to existing conditions, and derived from Ord. 91-59-148. Former § 656.1109 pertained to conditional commencement without exception, and derived from Ord. 95-307-109.