This code is enacted under the home rule power of the Village of Tequesta, in the interest of the health, peace, safety, and general welfare of the people of the Village of Tequesta, hereinafter the "village".

(Ord. No. 15-14, § 2, 10-9-2014)

This adult entertainment code shall be in effect throughout the village.

(Ord. No. 15-14, § 2, 10-9-2014)

The intent of the Village of Tequesta Council 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 village. It is not the intent of the Village of Tequesta Council to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including Chapter 847 of the Florida Statutes.

(Ord. No. 15-14, § 2, 10-9-2014)

Based on the evidence and testimony presented at the public hearings before the village council and on the findings incorporated in the United States Attorney General's Commission on Pornography (1986), "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, City of Indianapolis, January, 1984, the village council hereby finds the following:

(a)

Uses exist or may exist within nearby unincorporated Palm Beach County or other nearby cities where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or other devices that depict, illustrate, describe or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold.

(b)

Adult entertainment establishments exist or may exist within the village and other nearby cities or counties where dancers, entertainers, performers, or other individuals, who, for commercial gain, perform or are presented while displaying or exposing specified anatomical area; or engage in straddle dancing or touching with customers.

(c)

The activities described in subsections (a) and/or (b) occur at adult entertainment establishments which operate for the purpose of making a profit and, as such, are subject to regulation by the village in the interest of health, safety, economy, property, values, and general welfare of the people, businesses and industries of the village. 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.

(d)

When the activities described in subsections (a) and/or (b) above are presented, other activities that are illegal, immoral or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and land.

(e)

When the activities described in subsections (a) and/or (b) above are present, they tend to blight neighborhoods, adversely affect neighboring businesses, lower property values, promote crime, and ultimately lead residents and businesses to move to other locations.

(f)

The concurrence of the sale and/or consumption of alcoholic beverages with the activities described in subsections (a) and/or (b) leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community.

(g)

The concurrence of the sale and/or consumption of alcoholic beverages with the activities described in subsections (a) and/or (b) creates additional hazards to the health and safety of persons in attendance and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely affecting the quality of life, tone of commerce, and community environment.

(h)

In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses, and industries of the village, it is necessary and advisable for the village to regulate the sale and consumption of alcoholic beverages at adult entertainment establishments where the activities described in subsections (a) and/or (b), occur.

(i)

There is a direct relationship between the activities described in subsections (a) and/or (b) above and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community, and the occurrence of these activities is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining land and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, the tone of commerce and the community environment in the Village of Tequesta.

(j)

Based upon these findings, it is in the interest of the health, safety, morals and general welfare of the citizens of the Village of Tequesta that adult entertainment uses are regulated pursuant to the following standards.

(Ord. No. 15-14, § 2, 10-9-2014)

Adult arcade means, for the purposes of the adult entertainment code, any place or establishment operated for commercial gain (whether or not there is actual profit or loss) which invites or permits the public to view adult material. For purposes of this Code, "adult arcade" is included within the definition of "adult theater."

Adult bookstore/adult video store means, for the purposes of the adult entertainment code, an establishment which sells, offers for sale or rents adult material for commercial gain (whether or not there is actual profit or loss); unless the establishment demonstrates either:

(a)

The adult material is accessible only by employees, agents, and/or independent contractors of the establishment, and the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods or services at the establishment, or

(b)

The individual items of adult material offered for sale or rental comprise less than ten percent of the individual items, as stock in trade, publicly displayed in the establishment and which is not accessible to minors at the establishment.

Adult booth means, for the purposes of the adult entertainment establishments provisions of this Code, a small enclosed or partitioned area inside an adult entertainment establishment which is:

(a)

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

(b)

Is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view adult material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult entertainment establishment means, any adult arcade, adult theater, adult bookstore/adult video store or any establishment or business operated for commercial gain (whether or not there is actual profit or loss) where any employee, operator or owner exposes his/her specified anatomical area for viewing by patrons, including, but not limited to: massage establishments whether or not licensed pursuant to F.S. Chapter 480, tanning salons, modeling studios and/or lingerie studios. Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.

Adult material means for the purposes of the adult entertainment establishment code, any one or more of the following, regardless of whether it is new or used:

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

Adult theater means, for the purposes of the adult entertainment establishments provisions of this Code, an establishment operated for commercial gain (whether or not there is actual profit or loss) which consists of an enclosed building, or a portion or part thereof or an open-air area used for viewing of adult material. "Adult motels," "adult arcade," "adult booth" and "adult motion picture theater" are included within the definition of "adult theater." An establishment which has "adult booths" is considered to be an "adult theater."

Adult video store. See adult bookstore.

Alcoholic beverage shall mean all distilled spirits and all beverages containing one-half of one percent or more alcohol by volume.

Public nudity means to display or expose at an adult entertainment establishment less than completely and opaquely covered:

(a)

Human genitals or pubic region;

(b)

The cleavage of the human buttocks; and

(c)

The areola or nipple of the human female breast.

Specified anatomical area:

(a)

Less than completely and opaquely covered:

1.

Human genitals and pubic region; or

2.

The opening between the human buttocks, i.e. the anal cleft; or

3.

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; this definition shall include the entire lower portion of the 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 appeal, provided the areola is not so exposed; or

(b)

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

Specified criminal act means:

(a)

A violation of licensing requirements of this adult entertainment code; or

(b)

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

Straddle dance also known as a "lap dance" or "face dance", means either of the following acts:

(a)

The use by an employee, agent and/or independent contractor of any part of his or her body to touch the genital or pubic area of a person while at the adult entertainment establishment, or the touching of the genital or pubic area of any employee, agent and/or independent contractor with a person while at the adult entertainment establishment. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee, agent and/or independent contractor 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 through a medium.

(b)

The straddling of the legs of an employee, agent and/or independent contractor over any part of the body of a person other than another employee, agent and/or independent contractor at the adult entertainment establishment, regardless of whether there is touch or touching.

(Ord. No. 15-14, § 2, 10-9-2014)

It shall be unlawful for any person maintaining, owning or operating any establishment located within the village at which alcoholic beverages, beer or wine are sold, offered for sale, offered for consumption or consumed on the premises to suffer or permit any person to engage in the following activities on the premises of that establishment:

(a)

The actual or simulated displaying of the genitals, vulva, pubic area, buttocks or anus.

(b)

The actual or simulated displaying by a female of the area of the human breast at or below the areola. The areola is the colored ring around the nipple.

(Ord. No. 15-14, § 2, 10-9-2014)

It shall be unlawful for any person, while on the premises of any establishment located within the village at which alcoholic beverages, beer or wine are sold, offered for sale, offered for consumption, or consumed on the premises to engage in the following:

(a)

The actual or simulated displaying of the genitals, vulva, pubic area, buttocks or anus.

(b)

The actual or simulated displaying by a female of the area of the human breast at or below the areola. The areola is the colored ring around the nipple.

(Ord. No. 15-14, § 2, 10-9-2014)

It shall be unlawful for an employee, agent and/or independent contractor 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 employee, agent and/or independent contractor to commit any of the following acts:

(a)

Engage in straddle dance with a person at the adult entertainment establishment;

(b)

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

(c)

Engage in any specified sexual activity at the adult entertainment establishment;

(d)

Engage in public nudity as defined in section 78-874 of this Code;

(e)

Display or expose at the adult entertainment establishment specified anatomical areas while such employee, agent and/or independent contractor is not continuously positioned at least three feet away from all other persons or while such employee, agent and/or independent contractor is not in an area as described in subsection 78-878(d) hereinbelow;

(f)

Display or expose specified anatomical areas at an adult entertainment 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 adult entertainment establishment;

(h)

Engage in a private performance;

(i)

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

(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; or

(k)

Expose any specified anatomical area during the employee, agent and/or independent contractor's bona fide use of a restroom, or bona fide use of a dressing room which is used and occupied only by other employees, agents and/or independent contractors of the same sex.

(Ord. No. 15-14, § 2, 10-9-2014)

(a)

Location. Adult entertainment establishments as defined herein which meet all requirements set forth in this chapter shall be permitted only in the C-3 general commercial district and only as a special exception use and shall be located the following minimum distances from other uses:

(1)

Another adult entertainment establishment or use: 1,000 feet.

(2)

A church or place of worship: 500 feet.

(3)

An educational institution: 500 feet.

(4)

A public park: 500 feet.

(5)

Existing residence residentially zoned and/or real property: 500 feet.

(b)

Measurement. For the purpose of measuring distances in the determination of locations for adult entertainment establishments and related accessory uses, as defined herein, all distances shall be measured from property line to property line in a straight path without regard to intervening structures or objects. Location requirements may not be varied.

(c)

Screening required. All doors, windows and other building openings to adult entertainment establishments and related accessory uses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area.

(d)

Interior restrictions. In addition to the general requirements for an adult entertainment establishment, an adult performance establishment shall:

(1)

Have a stage provided for the display or exposure of any specified anatomical area by an employee, agent and/or independent contractor to a person other than another employee, agent and/or independent agent consisting of a permanent platform (or other similar permanent structure) raised a minimum of 36 inches above the surrounding floor and encompassing an area of at least 100 square feet; and

(2)

Have no areas in which private performances may occur.

(e)

On-site parking requirements. One parking space per each 100 square feet of gross floor area is required. Off-site parking is strictly prohibited.

(Ord. No. 15-14, § 2, 10-9-2014)

The provisions of this code may be enforced by:

(a)

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

(b)

Enforcement proceedings before the village code enforcement special magistrate; or

(c)

Criminal prosecution if applicable; or

(d)

Any other lawful means available to the village.

(Ord. No. 15-14, § 2, 10-9-2014)

(a)

Requirement. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license by the village community development department under this code.

(b)

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

(1)

Adult bookstore;

(2)

Adult theater; or

(3)

Adult entertainment establishment.

(c)

Single classification of license. An adult entertainment license for a particular adult entertainment establishment shall be limited to one classification of license.

(Ord. No. 15-14, § 2, 10-9-2014)

(a)

Required. Any person desiring to operate an adult entertainment establishment shall file with the village community development department a sworn license application on standard application forms supplied by the village.

(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 legal name and any aliases and submit satisfactory proof that he is 18 years of age or older; or

b.

A partnership, the partnership shall state its complete name, the names and mailing addresses 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 this 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, and provide a copy of its articles of incorporation and charter;

(2)

If the applicant intends to conduct the adult entertainment establishment under a name other than that of the applicant, the applicant shall provide evidence of the adult entertainment establishment's fictitious name registration under F.S. § 865.09;

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) has, within the five-year period immediately preceding the date of the application, been convicted of a felony of any state or 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 (b)(1) has had a previous license under this code suspended or revoked, including the name and location of the adult entertainment 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 (b)(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 adult entertainment 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 (b)(1) holds any other licenses under this code and, if so, the names and locations of such other licensed adult entertainment establishments;

(6)

The single classification of license for which the applicant is filing;

(7)

The location of the proposed adult entertainment establishment, including a legal description of the property site, and a legal street address;

(8)

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

(9)

A site plan drawn to appropriate scale of the proposed adult entertainment 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;

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)

Fingerprints of the applicant; and

(12)

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.

(c)

Application fee. Each application shall be accompanied by a non-refundable, administrative processing fee, the amount of which shall be set by resolution of the village council.

(d)

Incomplete application. In the event the village community development department determines or learns at any time that the applicant has not properly completed the application for a proposed adult entertainment establishment, that division shall promptly notify the applicant of such fact and shall allow the applicant ten days to properly complete the application. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

(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 village.

(Ord. No. 15-14, § 2, 10-9-2014)

(a)

Processing. Upon receipt of a complete application properly filed with the village community development department and upon payment of the non-refundable administrative processing fee, the village community development department 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 building official, and the fire department.

(b)

Investigation. Each department and/or individual identified in subsection (a) above shall promptly conduct an investigation of the applicant, application, and the proposed adult entertainment establishment in accordance with this code to determine whether false, incomplete, or incorrect information was given on the application or whether the proposed adult entertainment establishment will be in violation of any provision of this code or of any building, fire, health, or zoning statute, code, ordinance, regulation, lease, deed restriction, or court order.

(c)

Findings. Within fourteen (14) days from the date the application is stamped "Received" by the village, each department and/or individual identified in subsection (a) above shall report its findings in writing and shall forward same to the community development director. The written report shall state whether any of the departments and/or individuals find that false, incomplete, or incorrect information was given on the application or whether the proposed adult entertainment establishment will be in violation of any provision of this code or of any building, fire, health, or zoning statute, code, ordinance, regulation, lease, deed restriction, or court order. If deemed incomplete, the application shall be returned to the applicant for completion.

(d)

Action. Once deemed complete by the village community development department, the application shall be placed on the next available agenda of the village council for action on the special exception request. An application will be deemed granted if not denied in writing within 60 days of the date the application was deemed complete.

(e)

Judicial review. Denial of an application may be reviewed by the circuit court by petition for common law certiorari submitted within 30 days of the denial.

(Ord. No. 15-14, § 2, 10-9-2014)

There is hereby levied an application processing fee and an annual license fee under this Code for adult entertainment establishments; the amount of which fees shall be established by resolution of the village council.

(Ord. No. 15-14, § 2, 10-9-2014)

When a nonconforming use of an adult entertainment establishment has been discontinued for 90 consecutive days or more, the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site on which the adult entertainment establishment is located.

(Ord. No. 15-14, § 2, 10-9-2014)