In the development and enforcement of this section it is recognized that there are adult entertainment uses which because of their very nature are recognized as having serious objectionable characteristics, particularly when several of them are concentrated in any given locations thereby having a deleterious effect upon the adjacent business and residential areas. It is desirable, therefore, to locate adult oriented activities away from residential areas and public facilities used frequently by minors such as schools, religious facilities, parks, libraries, and day care centers.

(Ord. No. 07-28, § 1, 9-10-2007)

Adult bookstore/adult video store shall mean an establishment which offers adult material for sale or rent for commercial gain, having as a substantial or significant portion of its sales or stock in trade, books, magazines, films or video media for sale or rent, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales.

Adult booth shall mean a small enclosed or partitioned area inside an adult entertainment establishment which is:

(1)

Designed or used for the viewing of adult material by one or more persons; and

(2)

Is accessible to any person, regardless of whether a fee is charged for access.

Adult entertainment establishment shall mean:

(1)

Any adult arcade, adult theater, adult bookstore/adult video store, adult motel or adult dancing establishment; or any other establishment or business operated for commercial gain where any employee, operator or owner exposes his or her specified anatomical area for viewing by patrons, including but not limited to massage establishments, whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios.

(2)

Excluded from this definition are any educational institutions where the exposure of specified anatomical areas is associated with a curriculum or program.

(3)

An establishment that possesses an adult entertainment license is presumed to be an adult entertainment establishment.

The term "adult booth" includes but is not limited to a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult material shall mean any one or more of the following, regardless of whether it is new or used:

(1)

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

(2)

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

Adult modeling establishments shall mean any establishment offering nude or partially nude modeling sessions or lingerie, swimwear, or photography modeling sessions between two or more persons or private modeling sessions between two or more persons requiring the exclusion of minors pursuant to F.S. ch. 847.

Adult theater. shall mean an enclosed building used for presenting for observation by patrons motion pictures, films, or video media, distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct or specified anatomical areas as defined in this section. An establishment which has adult booths is considered to be an adult theater.

Massage establishment shall mean:

(1)

Any shop, parlor, establishment or place of business wherein all of any one or more of the following named subjects and methods of treatments are administered or practiced: body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, or tapotement.

(2)

Nothing in this division shall be construed as applying to state licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, physical therapists' assistants, midwives, practical nurses, agents, servants of employees in licensed hospitals or nursing home or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants, or employees acting in the course of such agency, service or employment under the supervision of the licensee.

(3)

Provided, however, that, for the purpose of this division, the terms "massage establishment" shall not include any massage establishment wherein at least one state licensed massage therapist is employed and on duty full-time during the hours open for business.

Encounter studio. shall mean all establishments offering nude or partially nude encounter sessions between two or more persons, and requiring the exclusion of minors pursuant to F.S. ch. 847.

Nude dancing establishment shall mean an establishment operated for commercial gain wherein performers or employees of the establishment display or expose to others specified anatomical areas as defined in this section, regardless of whether the performer or employee so exposed is actually engaging in dancing.

Sexual conduct shall mean any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act, erotic touching, caressing or fondling of the breasts, buttocks or any portion thereof, anus or genitals or the simulation thereof.

Specified anatomical areas shall mean as used in this division either of the following:

(1)

Less than completely opaquely covered human genitals, pubic region, anal cleft, cleft of the buttocks, and all or any part of the areola of the female breast; and

(2)

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

(Ord. No. 07-28, § 1, 9-10-2007)

Adult entertainment establishments shall be subject to distance requirements set forth in section 30-140.4, below, as conditional uses approved by the village council, after public hearing, in the B-2 zoning districts.

(Ord. No. 07-28, § 1, 9-10-2007)

(a)

Required conditions. Prior to approving a conditional use, after public hearing, the village council shall find that such use meets the conditional requirements:

(1)

No adult entertainment establishment shall be permitted on a parcel of land located in any district other than the B-2 zoning district and if to be located within a B-2 zoning district it cannot be:

a.

Within 500 feet of any residentially zoned district as designated on the village's official zoning district map, or within 500 feet of any property on which over 25 percent of the floor area is devoted to residential use;

b.

Within 500 feet of any parcel of land upon which a religious facility, school, public park or playground is located; or

c.

Within 1,000 feet of any parcel of land upon which another adult entertainment establishment is located.

(2)

The minimum distance separation shall be measured by following a straight line from the main entrance or exit of the adult entertainment establishment to the nearest point of the property designated as residential on the village's official zoning district map or used for a religious facility, school, or public park or playground. In cases where a minimum distance is required between an adult entertainment establishment and another adult entertainment establishment, the distance separation shall be determined by measuring a straight line between the principal means of entrance of each use.

(3)

No application for an occupational license for an adult entertainment establishment shall be approved for zoning compliance unless such application is accompanied by a certified survey from a registered land surveyor in the State of Florida showing that such use meets the distance requirements as set forth in this section. The applicant for such use shall furnish a certified survey from a registered surveyor. Such sketch shall indicate the distance between the place of business, and any existing use as defined by this division, any religious facility, public school, private school, public park, public library, day care center or nursery for children, or residential zoning district. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement, scaled by the village shall govern.

(4)

Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use.

(5)

Will not be detrimental to the public welfare, property or improvements in the neighborhood.

(6)

Complies with all other applicable Code provisions.

(7)

Additional conditions. The village council may designate such additional conditions in connection with the conditional use as will, in the village council's opinion; assure that such use will conform to the foregoing requirements. The village council shall consider any of the information included in the application and presentation for public hearing.

(b)

Expiration of conditional use approval. An approved conditional use shall lapse after six months if no building permit, certificate of use, or certificate of occupancy has been issued for such use and if the village council has not specified a longer approval period for good cause.

(c)

Extension of conditional use approvals. Four affirmative votes of the village council may grant an extension for a previously approved conditional use if a proper and timely request is made by the applicant prior to the expiration of the approval period.

(d)

Conditional use reapplication. No reapplication for a conditional use shall be accepted by the village within 12 months of the date of final disapproval by the village council of a previous application for a conditional use involving the same or substantially the same property, unless evidence is submitted to and accepted by the village council, which justifies such reconsideration.

(e)

Application requirements. An application for a conditional use shall include:

(1)

A property survey by a registered surveyor;

(2)

A letter of intent;

(3)

Certified distance survey complying with subsection (a)(1), above;

(4)

Where the use includes a vehicular use area or landscaped buffer, a proposed landscape plan and information regarding permanent maintenance arrangements;

(5)

A neighborhood location map showing all surrounding zoning within 500 feet of the proposed site;

(6)

All information required for any other type of application which is being processed simultaneously or for any other type of application, including but not limited to proposed signage;

(7)

Any other information necessary to demonstrate that the proposed conditional use will conform fully with the requirements of this division;

(8)

Detailed security plan;

(9)

Hours of operation; and,

(10)

Anticipated noise levels and methods to regulate same.

(f)

Revocation of conditional use. Failure to comply with the conditional use requirements as established by village council, after public, hearing shall result in a revocation of the conditional use by the village manager, after proper written notice, and failure to cure within ten calendar days of receipt of the notice.

(g)

Appeal. The applicant may appeal the decision of the village manager to revoke a conditional use to the village council. An administrative appeal must be filed within 15 days following the publication of the village manager's decision. The village council shall hear and enter a decision on all appeals within 90 days of the date of filing the appeal, and shall provide due notice of the appeal to the parties. The village council may reverse, affirm or modify any order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that, in the village council's opinion ought to be made in the circumstances.

(Ord. No. 07-28, § 1, 9-10-2007)