Loading...
HomeMy WebLinkAbout534 Adult Entertainment ���g� ea 3/aø f�.ov ii- 0 3 I // 7‘°° ORDINANCE NO. 534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, TO BE KNOWN AS THE "ADULT ENTERTAINMENT ORDINANCE" ; PROVIDING GENERAL PROVISIONS, FINDINGS OF FACT AND DEFINITIONS; PROVIDING PROVISIONS CONCERNING LICENSING ENTERTAINMENT ESTABLISHMENTS; PROVIDING PROVISIONS CONCERNING PERMITTING OF EMPLOYEES OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PROVISIONS CONCERNING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING CRIMINAL PROVISIONS; PROVIDING PROVISIONS REGARDING SUSPENSION AND REVOCATION OF LICENSE; PROVIDING PROVISIONS REGARDING SUSPENSION AND REVOCATION OF PERMIT; PROHIBITING ESTABLISHMENTS FROM OPERATING BETWEEN HOURS OF 2 : 00 A.M. AND 9 : 00 A.M. ; PROHIBITING HOLES IN WALLS OF ADULT BOOTHS; PROHIBITING THE ALTERATION OF A LICENSE OR PERMIT;. PROHIBITING FALSE STATEMENT OR FALSE INFORMATION IN APPLYING FOR A LICENSE OR PERMIT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, that: SECTION 1. GENERAL PROVISIONS Section 1-1. Title. This Ordinance shall be known and may be cited as the "City of Zephyrhills Adult Entertainment Ordinance" . Section 1-2 . Authority. The Adult Entertainment Ordinance is enacted under the Home Rule Power of the City of Zephyrhills in the interest of health, peace, safety, morals, and general welfare of the people of the City of Zephyrhills, and under the authority of the City of Zephyrhills to regulate the sale and consumption of alcoholic beverages under the Twenty-First Amendment to the Constitution of the United States. Section 1-3. Scope. The Adult Entertainment Ordinance shall be effective in the City of Zephyrhills, Pasco County, Florida. Section 1-4.. Construction. The Adult Entertainment Ordinance 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 Ordinance shall apply equally to all persons, regardless of sex. Masculine pronouns, such as "he" , "his" , "him" ,him as employed in this Ordinance, 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. Section 1-5. Purpose. The intent of the City of Zephyrhills in adopting the Adult Entertainment Ordinance is to establish reasonable and uniform regulations that will protect the health, safety, morals and general welfare of the people of the City of Zephyrhills. Section 1-6. Findings of Fact. Based on evidence and testimony concerning the adverse secondary effects of adult uses on the community presented at public hearings before the City Council of the City of Zephyrhills and on the findings incorporated in the City of Renton v. Playtime Theaters, Inc. , 106 S.Ct. 925 (1986) ; Coleman A. Young v. American Mini Theaters, Inc. , 427 U.S. 50, 49 L.Ed. 2d 310, 96 Sup.Ct. 2440, reh den(U. S. ) 50 L.Ed. 2d 155, 97 Sup.Ct. 191, Summary and presentation of reports, studies and judicial opinions concerning the adverse secondary effects of adult uses on the community; Northend Cinema, Inc. v. Seattle, 90 Wash. 2d 709, 585 P.2d 1153 (1978 ) ; A Report on Zoning and Other „rp Methods of Regulating Adult Entertainment in Amarillo, Texas dated September 12, 1977; Regulation of Criminal Activity and Adult Businesses. City of Phoenix, May, 1979 ; Findings of the y .% city Planning Commission for the City of New York dated January 26, 1977 ; Detroit ' s Approach to Regulating and "Adult" Uses Presented to American Institute of Planners Annual Conference, Record and Return to City Cerk's Office • . O.R. 2OO5PAGE 1912 5335 8th Street '. . ' Zephyrhills, FL 33540 October 10, 1977; Adult Entertainment Businesses in Indianapolis . An Analysis, 1987; and a presentation of the Zephyrhills police officers detailing the potential criminal activites associated with adult uses in the City of Zephyrhills: (a) Establishments exist or may exist within the City of Zephyrhills, where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activites are possessed, displayed, exhibited, distributed and/or sold. (b) Establishments exist or may exist within the City of Zephyrhills : ( 1) where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas; ( 2 ) where dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical area; or ( 3 ) where straddle dancing occurs. (c) The activities described in subsections (a) and (b) occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by the City of Zephyrhills, in the interest of the health, safety, morals and general welfare of the people of the City of Zephyrhills. (d) When the activities described in subsections (a) and (b) are present in establishments within the City of Zephyrhills, other activities which 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, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale and possession of controlled substances, and violent crimes against persons and property. (e ) When the activities described in subsections (a) and (b) are present in establishments within the City of Zephyrhills, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower property values, promote crime, particularly the kinds detailed in subsection (d) and ultimately lead residents and businesses to move to other locations. ( f) The establishments in which the activities described in subsections (a) and (b) occur are usually constructed,- in part or in whole, of substandard materials, and are usually maintained in a manner reflecting disregard for the health and safety of the occupants. (g) The activities described in subsections (a) and (b) frequently occur in establishments concurrent with the sale and consumption of alcoholic beverages. (h) The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a) and (b) leads to an increase in criminal activity, moral degradation, and disturbances of the peace and order of the City of Zephyrhills. ( i) The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a) and (b) is hazardous to the health and safety of those persons in attendance, depreciates the value of adjoining -2- O.R. 2005 PAGE 1913 property, harms the economic welfare of the City of Zephyrhills, and adversely affects the public 's interest in the quality of life, tone of commerce, and community environment in the City of Zephyrhills. (j ) In order to preserve and safeguard the health, safety, morals and general welfare of the people of the City of Zephyrhills, it is necessary and advisable for the City of Zephyrhills to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (a) and (b) occur. (k) Employees of establishments at which the activities described in subsections (a) and (b) occur engage in a higher incidence of certain types- of criminal behavior than employees of other establishments. (1) Physical contact within establishments at which the activities described in subsections (a) and (b) occur between employees exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases. (m) In order to preserve and safeguard the health, safety, morals, and general welfare of the people of the City of Zephyrhills, it is nepessary and advisable for the City of Zephyrhills to regulate the conduct of owners, managers, operators, agents, err}ployees, entertainers, performers, and customers at establishments where the activities described in subsections (a) and (b) occur. (n) The potential dangers to the health, safety, morals, and general welfare of the people of the City of Zephyrhills, posed by permitting an establishment at which the activities described in subsections (a) and (b) occur to operate without first obtaining- -a licenliise under this Ordinance are so great as to require the licensure of such establishments prior to their being permitted to operate. (o) Requiring erryployees of establishments at which the activities described in subsections (a) and (b) occur to obtain an adult entertainment permit before beginning to work in such establishments will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, 'by preventing minors from working in such establishments, and by making it easier for health officials to control the spread of communicable and social diseases in such establishments. (p) Prohibiting establishments at which the activities described in subsections (a) and (b) occur from opreating within close proximity of education institutions, religious institutions, areas zoned for residential use, and parks, at which children are customarily found, will serve to protect children from the adverse affects of the activities that accompany such establishments. (q) Personal advertising within close proximity of public thoroughfares poses a traffic hazard and a threat to the safety of people using those thoroughfares. (r) "Straddle dancing" does not contain any element of communication, and is therefore conduct rather than expression. ( s) "Straddle dancing" in establishments poses a threat to the health of the participants and promotes the spread of communicable and social disease. Section 1-7. Definitions. In the Adult Entertainment Ordinance, unless the context suggests otherwise: (a) "Adult Bookstore" means an establishment which sells or -3- O.R. 2005 PAGE 1914 • rents adult material, unless the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent ( 10%) of the gross income from the sale or rental of goods or services at the establishment or the individual items of adult material offered for sale or rental comprises less than twenty-five percent (25% ) of the individual items publicly displayed at the establishment as stock in trade. It is an affirmative defense to an alleged violation of this Ordinance regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent ( 10%) of the gross income from the sale or rental of goods or services at the establishment, or the individual items or adult material offered for sale or rental comprise less than twenty-five percent (25%) of the individual items publicly displayed at the establishment as stock in trade. (b) "Adult Booth" means 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" . The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom. (c ) "Adult Dancing Establishment" means an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing. (d) "Adult Entertainment Establishment" means an adult theater, an adult bookstore, or an adult dancing establishment operated for commercial or pecuniary gain. ( "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. Also, "operated for commercial or pecuniary gain" shall be presumed where the establishment has an occupational license. ) As establishment with an adult entertainement license is presumed to be an adult entertainment establishment. (e) "Adult Material" means any one or more of the following, regardless of whether it is new or used: ( 1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations, or recordings, or other audio matter, 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. (f) "Adult Motel" means 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, 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. The term "adult motel" is included within the definition of "adult theater" . (g) "Adult Theater" means an establishment which, except as set forth in the final sentence ofthis paragraph, consists of an enclosed building, or a portion or part of any enclosed building; or any open-air area used for viewing by persons of films, motion pictures, video cassettes, slides, or other photographic reproductions which have as their primary or dominant theme matters dipicting, illustration or relating to specified sexual -4- o.R. 2005PAGE19 5 activities or specified anatomical areas. "Adult motels" are included within the definition of "adult theater" . An establishment which has "adult booths" is considered to be an "adult theater" . (h) "Alcoholic Beverage" means a beverage containing more than one percent ( 1%) of alcohol by weight. ( 1) 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 knownas whiskey, moonshine whiskey, shine, rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer, malt liquor, or by any other similar name or names, or was contained in a bottle or can 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. ( 2 ) 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 opinion about whether such beverage is an alcoholic beverage. (i) "Council" means the City Council of the City of Zephyrhills. (j ) "City Manager" means the chief administrative officer or his designee. (k) "Conviction" means a determination of guilt resulting from plea or ' trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended. (1) "Department" means the Building Department, Fire Department, City Police Department, or Planning Division, including the respective director, employees, and agents thereof. (m) "Educational Institution" means 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 School. 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. (n) "Employee" means a person who works or performs in an adult entertainment establishment, irrespective of whether said person is paid a salary or wage by the owner or manager of the premises. (o) "Establishment" means a site or premises, or portion thereof, upon which certain activities or operations are being conducted for commercial or pecuniary gain. ( "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. Also, "operated for commercial or pecuniary gain" shall be presumed where the establishment has an occupational license . ) (p) "Inspector" means a respective employee of the Building Department, Zoning Department, Police Department or Fire Department who inspects premises licensed under this Ordinance and takes or requires theactions authorized by this Ordinance in case of violations being found on licensed premises, and who also inspects premises seeking to be licensed under this Ordinance and takes or requires corrections of unsatisfactory conditions found O.R. : 2 O O 5 PAGE 19 6 -5- on the premises. (q) "Licensee" means any person whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment. (r) "Operator" means any person who engages in or performs any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor. (s) "Park" means a tract of land within a municipality or unincorporated area which is kept for ornament and/or recreation and which is maintained a public property. (t) "Permittee" means a person who has obtained an adult entertainment permit pursuant to SECTION 3 of this Ordinance. (u) "Person" includes, but is not limited to, an individual, associations, joint ventures, partnerships estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity. (v) "Private performance" means the display or exposure of any specified anatomical area by an employee at an adult entertainment establishment to a person other than another employee while the person is in an area not accessible during such display to all other persons in the establishment, or which the person is inan area in which the person is totally or partially screened or partitioned during such display from the view of all persons outside the area. (w) "Religious institution" means a premises or site which is used primiarily or exclusively for religious worship and related activities. (x) "Specified anatomical areas" means: ( 1) less than completely and opaquely covered: (A) human genitals or pubic region; or (B) cleavage 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 turgid state, even if completely and opaquely covered. (y) "Specified criminal act" means: ( 1) A criminal violation of this Ordinance ; (2 ) Any felony; ( 3 ) An offense under Chapter 794, Florida Statutes (Sexual Battery) ; (4 ) An offense under Chapter 796, Florida Statutes (Prostitution) ; ( 5) An offense under Chapter 800, Florida Statutes -6- O.R. 2005PhOE19 (Lewdness ; Indecent Exposure) ; ( 6) An offense under Chapter 826, Florida Statutes (Bigamy; Incest) ; ( 7 ) Anoffense under Chapter 847, Florida Statutes (Obscene Literature ; Profanity) ; or ( 8) An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or city. ( z) "Specified sexual activities" means: (1) human genitals in a state of sexual stimulation, arousal or tumescence; or (2 ) acts of human analingus, beastiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; or (3 ) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or (4 ) excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3 ) . (aa) "Straddle dance" also known as a "lap dance" or "face dance" means the use by an employee, of any part of his or her body to touch the genital or pubic area of a persom which at the establishment, or the touching of the genital or pubic area of any employee with a person while at the establishment. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee 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. Section 1-8. Regulation of Obscenity Subject to State Law. It is not the intent of the City Council to legislate with respect to matters of obscenity. These matters are regulated by state law. Section 1-9. Regulation of Massage Establishments Subject to State Law. It is not the intent of the City Council to legislate with respect to matters of massage establishments. These matters are regulated by state agency, the Department of Professional Regulation, Board of Massage, and by state law, Chapter 480, Florida Statutes. Section 1-10. Severability. If any portion of this Ordinance, or any application thereof is declared to be void; unconstitutional or invalid for any reason, such portion or provision, or this application thereof, shall be severable from this Ordinance. The remaining portions and provisions of this Ordinance, and all applications thereof shall remain in full force and effect. No void, unconstitutional or invalid portion or proscribed provision, or application thereof, was an inducement to the enactment of this Ordinance.. SECTION 2. LICENSING PROVISION Section 2-1. Responsibilities of City Council, City Manager and_ Department. Ultimate responsibility for the administration of this Ordinance is vested in the City Council. The City Manager or his designee is responsible for granting, denying, revoking, renewing, suspending, and cancelling adult entertainment licenses for proposed or existing adult entertainment establishments. The Police Chief is responsible for verifying information contained -7- O.R. 2005PAGE . 918 • on an application pursuant to Section 2-3 (b) ( 1) -( 5) of this Ordinance, for inspecting any proposed, licensed or non-licensed establishment in order to ascertain whether it is in compliance with applicable criminal statutes and ordinance, and for enforcing applicable criminal statutes and ordinances, including those set forth at SECTION 5 of this Ordinance . In addition, the Police Chief is responsible for reviewing permit applications, as provided in SECTION 3. The Building Department is responsible for inspecting any proposed establishment for which a license is being applied for or any licensed establishment in order to ascertain whether it complies with or is complying with this Ordinance and all applicable building codes, statutes, ordinances, and regulations in effect in the City of Zephyrhills, Florida. The Fire Department is responsible for inspecting any proposed establishment for which a license is being applied for or any licensed establishment in order to ascertain whether it complies with or is complying with SECTION 4 of this Ordinance and all applicable fire codes, statutes, ordinances and regulations in Pasco County and the City of Zephyrhills. The Zoning and Permits Division of the Building Department is responsible for ascertaining whether a proposed establishment for which a license is being applied for complies with all locational requirements of this Ordinance, applicable portions of this Ordinance, all applicable zoning regulations in effect in the City of Zephyrhills, and whether a licensed establishment is complying with SECTION 5 of this Ordinance and all applicable zoning regulations and land use laws in effect in the City of Zephyrhills. The City Manager is responsible for granting, denying, renewing, cancelling, suspending, and revoking permits for proposed or current permittees in accordance with SECTION 3 of this Ordinance. Section 2-2. Adult Entertainment License Required: Classifications of. (a) Requirement. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license by the City Manager under this Ordinance. (b) Classifications . Adult entertainment establishment licenses referred to in this Ordinance shall be classified as follows : ( 1) adult bookstore; (2 ) adult theater; and (3 ) adult dancing establishment. (c) Single Classification of License. Any adult entertainment license for a particular adult entertainment establishment shall be limited to one classification of license . Section 2-3. Application Required for Adult Entertainment License; Contents of; Application Fee; Rejection of Incomplete Application; Consent by Applicant. (a) Required. Any person desiring to operate an adult entertainment establishment shall file with the City Manager a sworn license application on a standard application form supplied by the City Manager. (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 eighteen ( 18) years of age; or -8- O.R. 2 ® 9 5 PQGE 1919 (B) a partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and, if in existence, a copy of the 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, and if applicable, the name of the registered corporate agent and the address of the registered office for service of process; ( 2 ) if the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment ' s fictitious name and the county of registration under Section 865 .09, Florida Statutes (1987 ) ; ( 3 ) whether the applicant or any of the other individuals listed pursuant to subparagraph (1) has, within the ten ( 10 ) year period immediately proceeding the date of the application, been convicted of a specific criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction. ( 4 ) whether the applicant or any of the other individuals listed pursuant to subparagraph ( 1) has had a previous license under this Ordinance 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 subparagraph (1) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this Ordinance has previously been suspended or revoked, including the name and location of the establishment forwhich 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 subparagraph ( 1) holds any other licenses under this Ordinance and, if so, the names and location of such other licensed establishments; ( 6 ) the single classification of license for which the applicant is filing; ( 7 ) the location of the proposed establishment, including . a legal description of the property site, and a legal street address; ( 8) the names of the employees for the proposed establishment, if known, or, if presently unknown a statement to that effect; (9 ) the applicant ' s mailing address; and (10) a site plan drawn to appropriate scale of the proposed establishment, including, but not limited to; (A) all property lines, right-of-way, and the location of the buildings, parking areas andspaces, 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 shallbe indicated and calculated in terms of percentage of increase in floor size. (c) Application Fee. Each application shall be accompanied by a non-refundable fee of Two Hundred Dollars ( $200. 00) . If the application for 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 Section 2-7 of this . -9- ,, Ordinance. (d) Rejection of Incomplete Application. In the event that City Manager determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, he shall promptly notify the applicant of such fact and shall automatically reject the application. (e) Consent. By applying for a license under this Ordinance, the appplicant shall be deemed to have consented to the provisions of this Ordinance and to the exercise by the City Manager and the Departments of their respective responsibilities under this Ordinance. Section 2-4. Investigation of Application. (a) Upon receipt of the application properly filed with the City Manager and upon payment of the non-refundable application fee, the City Manager shall immediately stamp the application as received and, shall immediately thereafter send photocopies of the application to the Police Chief, Building Department and Fire Department. Each Department shall promptly conduct an investigation of the applicant, application and the proposed establishment in accordance with its responsibilities summarized in Section 2-1 of this Ordinance. At the conclusion of its investigation, each Department shall indicate - on the photocopy of the application, its approval or disapproval of the application, date it, sign it, and in the event it disapproves, it shall so state its reasons. (b) A Department shall disapprove of an application if it finds that the proposed establishment will be in violation of any provision of this Ordinanceor of any building, fire, or zoning statute, code, ordinance, or regulation. After its indication of approval or disapproval, each department shall immediately return the photocopy of the application to the City Manager. Section 205. Grant; Denial. (a) Time Period for Granting or Denying License. (1) The City Manager shall grant or deny an application for an adult dancing establishment within forty-five (45) days from the date of its proper filing. Upon the expiration of the forty-five ( 45) day period the applicant may be permitted to begin operating the establishment for which a license is sought, unless and until the City Manager .notifies - the applicant of a denial of the application and states the reason(s) for the denial. ( 2 ) The City Manager shall grant or deny an application for an adult bookstore or adult theater within fourteen ( 14 ) days from the date of proper filing. Upon the expiration of the fourteenth ( 14th) day, the applicant may be permitted to begin operating the establishment for which a license is sought, unless and until the City Manager notifies the applicant of a denial of the application and states the reason(s) for that denial. (b) Granting of Application for License. If each of the Departments has approved of the application, the City Manager shall grant the application, notify the applicant of the granting, and issue the license to the applicant upon payment of the appropriate annual license fee as provided in Section 2-6 and 2-7, with credit as provided in Section 2-3 (c) . (c) Denying of Application for License. (1) . The City Manager shall deny the application for any of the following reasons: (A) any of the Departments, excluding the -lo- O.R. 2005PUE1921_ Police Chief, has disapproved of the application; (B) the application contains material false information; (C) the applicant or any of the other individuals listed pursuant to Section 2-3 (b) ( 1) has a license under this Ordinance which has been suspended or revoked; (D) the granting of the application would violate a statute or ordinance or an order from a court of law which effectively prohibits the applicant from obtaining an adult entertainment establishment license. (E) any person or legal entity who is required by this Ordinance to possess a license for engaging in any business enterprise, profession or other activity included and regulated within this Ordinance who as a licensee, or as an agent or employee of such licensee is convicted of a crime involving moral turpitude committed within the course of said business activity, or is, or has been convicted of a felony or a first degree misdemeanor directly related to the specific licensed business activity, upon due and proper record of such conviction presented to the City Manager, shall be subject to denial of a license application. The applicant shall have the right to request a public hearing before the City Council of the City of Zephyrhills and present evidence and testimony why such license application should not be denied. Nothing herein shall be construed to prevent the City Council, upon a showing of good cause, from issuing a license to any person or entity whose license application has been previously denied. Such issuance, upon approval by the City Council of the City of Zephyrhills, shall be pursuant to the procedures heretofore established in this Ordinance. (2 ) If the City Manager denies, the application, he shall notify the applicant of the denial, and state the reason(s) for the denial. (3 ) If a person applies for a license at a particular location within a period of nine (9) months from the date of denial of a previousapplication for a license at the location, and there has not been an intervening change in the circumstances which will probably lead to a different decision regarding the former reason(s) for denial, the application shall be rejected. Section 2-6. Contents of License; Terms of License; Renewals; Expiration; Cancellation. (a) Contents. An adult entertainment license shall state on its face the name of the licensee, the name of the establishment, the street address of the establishment, the classification(s) of the license, the date of issuance, and the date of expiration. (b) Terms. All licenses issued under this Ordinance shall be annual licenses which shall commence running on October 1, on which date they shall have been paid for, and shall expire on September 30 of the following year. If a license is issued after October 1, but by March 31 of the following year, the applicant shall pay the appropriate license fee. If a license is issued after March 31, but by October 1 of the same year, the applicant shall pay one-half (2) the appropriate license fee. (c) Renewals. Licenses shall be renewed annually. Subject to other provisions of this Ordinance, a licensee under this Ordinance shall be entitled to a renewal of his annual license from year to year, as a matter of course, by October 1 by presenting the license for the previous year and by paying the appropriate license fee. (d) Expiration.. A license that is not renewed under this -11- O.R. 2005PAGE 1922 Ordinance by October 1 of each year shall expire. An expired license may be renewed by November 30 of the same year upon presentation of an affidavit stating that no adult entertainment activity has taken place at the establishment subsequent to expiration, upon payment of the appropriate license fee, and upon payment of a penalty of ten percent ( 10%) of the appropriate license fee for the month of October, or fraction thereof, and an additional penalty of five percent ( 5%) of the appropriate license fee for the month of November, or fraction thereof. (e) Cancellation. All expired licenses not renewed by November 30 shall be cancelled summarily by the City Manager. Section 2-7. Annual License Fees; Levy of; Regulatory in Nature. (a) Levy of License Fees . There are hereby levied the following annual license fees under this Ordinance for an adult entertainment establishment; ( 1) an establishment having a license for only an adult bookstore - seven hundred fifty dollars ( $750 .00 ) ; ( 2 ) an establishment having a license for only an adult theater, as follows: - (A) having only adult booths - thirty-five dollars ( $35.00) for each booth; or . (B) having only a hall or auditorium - three dollars and fifty cents ( $3 .50 ) for each seat; or (C) having only an area outdoors designed to permit viewing by customers seated in vehicles - three dollars and fifty cents ( $3 . 50) for each parking space; or (D) having a combination of (A) , (B) , and/or (C) - the cumulative license fee applicable to each under (A) , (B) , and (C) ; (E) adult motel - seven hundred fifty dollars ($750 .00) ; (3 ) an establishment havinga license for only an adult dancing establishment - seven hundred fifty dollars ( $750. 00) ; (4 ) an establishment having a license for two classifications - eight hundred dollars ( $800 .00 ) ; ( 5) an establishment having a license for three classifications -- nine hundred dollars ( $900 .00) ; (b) License Fees are Regulatory in Nature . The annual license fees collected under this Ordinance are declared to be regulatory fees which are collected for the purpose of examination and inspection of adult entertainmentestablishments under this Ordinance and the administration thereof. The regulatory fees are in addition to and not in- lieu of the occupational license taxes imposed by other Ordinances of the City of Zephyrhills. Section 2-8 . Records and Reports ; Consent by Licensee . (a) Records and Reports. Each licensee shall keep such records and make such - reports as may be required by the City Manager and the Departments to implement this Ordinance and to carry out its purpose. (b) Consent. By holding a license under this Ordinance, the licensee shall be deemed to have consented to the provisions of this Ordinance and to the exercise by the City Manager and the Departments of their respective responsibilities under this -12- O.R. 2005PAGE 1923 • Ordinance. Section 2-9. Transfer of,,License. (a) Requirements for Transfer. A licensee shall not transfer his license to another person, and thereby surrender possession, control, and operation of the licensed establishment to such other person, unless and until such other person satisfies the following requirements : (1) obtains an amendment to the license from the Ordinance which provides that he is now the licensee, which amendment may be obtained only if he has completed and properly filed an application with the City Manager setting forth the information called for under Section 2-3 (b) (1)-( 5) , and ( 9) , and the application has been granted by the City Manager after approval by the Police Department; and (2 ) in the event he has purchased the licensed establishment from the licensee, adduces satisfactory proof that the sale was bona fide; and (3 ) pays a transfer fee of ten percent (10% ) of the appropriate annual license fee. (b) Effect of Suspension or Revocation Procedures . No license may be transferred pursuant to subsection (a) when the City Manager has notified the licensee that suspension of revocation proceedings have been or will be brought against the licensee. (c) No Transfer to Different Location. A licensee shall not transfer his license to another location. (d) Attempted Improper Transfer Void; License Abandoned. Any attempted transfer of, a license either directly or indirectly in violation of this Section is hereby declared void, and the license shall be deemed abandoned and shall revert to the City Manager. Section 2-10. Changing Name of Establishment. No Licensee may change the name of an adult entertainment establishment unless and until he satisfies each of the following requirements: (a) gives the City Manager thirty (30) days notice in writing of the proposed name change ; (b) pays the City Manager a three dollar ( $3 .00 ) change-of-name fee; and (c) complies with Section 865. 09, Florida Statutes ( 1985) . Section 2-11. Suspension of License. - (a) Violation of a Building, Fire, 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, or zoning statute, code, ordinance or regulation, whether federal, state or local, contrary to the respective general requirements of Section 4-1(a) , (b) , (c) , or (d) , the Department shall promptly notify the licensee of the violation and shall allow the licensee a seven (7 ) day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven ( 7) day period the Department shall notify the City Manager, who shall forthwith suspend the license, and shall notify the licensee of the suspension. The suspension shall remain in effect until the Department notifies the City Manager in writing that the violation of the provision in question has been corrected. (b) Illegal Transfer. In the event the City Manager learns -13- O.R. 2 ® 05PA�E1024 or finds upon sufficient cause that a licensee engaged in .a license transfer contrary to Section 2-9, he shall forthwith suspend the license, and notify the licensee of .the suspension. The suspension shall remain in effect until the City Manager is satisfied that the requirement of Section 2-9 (a) have been met. (c) Convictions for Violations of SECTION 5 of this Ordinance . ( 1) In the event three (3 ) or more violations of SECTION 5 of this Ordinance occur at an adultentertainment establishment within a two (2 ) year period, and convictions result from at least three ( 3 ) of the violations, the City Manager shall, upon the date of the third conviction, suspend the license, and notify the licensee of the suspension. The suspension shall remain in effect for a period of thirty (30 ) days. ( 2 ) In the event one ( 1) or more violations of SECTION 5 of this Ordinance occur at the establishment within a period of two (2 ) years from the date of the violation from which the conviction resulted for which the license was suspended for thirty (30 ) days under subsection (c) (1 ) , but not including any time during which the license was suspended for thirty (30 ) days, and a conviction results from one (1) or more of the violations; the City Manager shall, upon the date of the first conviction, suspend the license again, and notify the licensee of the suspension. The suspension shall remain in effect for a period of ninety ( 90) days. (3 ) In the event one ( 1) or more violations of SECTION 5 of this Ordinance occur within a period of two ( 2) years from the date of the violation from which the conviction resulted for which the license was suspended for ninety (90) days under subsection (c) (2 ) , but not including any time during which the license was suspended for ninety (90) days, and a conviction results from one ( 1) or more of the violations, the City Manager shall, upon the date of the first conviction, suspend the license again, and notify the licensee of the suspension. The suspension shall remain in effect for a period of one hundred eighty (180 ) days. (4 ) The transfer of renewal of a license pursuant to this Ordinance shall not defeat the terms of subsection (c) (1) -(3 ) . (d) Effective Date of Suspension. All periods of suspension shall begin sixteen ( 16 ) days after the date the City Manager mails the notice of suspension to the licensee or on the date the licenseedelivered his license to the City Manager, whichever occurs first. Section 2-12. Revocation of License. (a) False Information. In the event the City Manager learns or finds upon sufficient cause that a license was granted based upon false information, misrepresentation of fact, or mistake of fact, he shall forthwith revoke the license, and notify the licensee of the revocation. (b) Convictions for Violation of SECTION 5 of this Ordinance . (1) In the event one ( 1) or more violations of SECTION 5 of this Ordinance occur at an adult entertainment establishment which has had a license suspended for a period of one hundred eighty (180) days pursuant to Section 2-9 (c) (3) , and the violation( s ) occur within a period of two (2 ) years from the date of the violation from which the conviction resulted for which the license was suspended for one hundred . eighty (180) days, but not including any time during which the license was suspended for one hundred eighty ( 18.0 ) days, the City - Manager shall forthwith -14- O.R. 2005 PAGE • revoke the license, and notify the licensee of the revocation. (2 ) The transfer or. renewal of a license pursuant to this Ordinance shall not defeat 'the terms of subsection (b) ( 1) . (c) Revocation of License. Any person or legal entity who is required 'by this Ordinance to possess a license for engaging in any business enterprise, profession or other activity included and regulated within this Ordinance who as a licensee, or as an agent or employee of such licensee, under this Ordinance is convicted of a crime involving moral turpitude committed within the course of said licensed business activity, or is, or has been convicted of a felony or a first degree misdemeanor directly related to the specific licensed business activity, upon due and proper record of such conviction presented to the City Council of the City of Zephyrhills, shall be subject to said license being revoked upon resolution of the City Council. Written notice of the effective date of such revocation shall be forwarded to the licensee with a copy of such revocation filed with the Police Department and with the office of the City Manager. The licensee shall have the right to request a public hearing before the City Council and present evidence and testimony why such license should not be revoked. Nothing herein shall be construed to prevent the City Council, upon a showing of good cause, from reissuing a license to any person or entity whose license has been previously revoked. Such reinstatement, upon approval by the City Council, shall be pursuant to the procedures heretofore established in this Ordinance. Notification of such reinstatement shall be furnished to the Police Department and the office of the City Manager. Revocation of license under this section shall be in addition to any other penalties provided by law. (d) Effect of Revocation. If a license is revoked, the licensee shall not be allowed to obtain anotheradult entertainment license for a period of ten, (10) years and no license shall be issued again to any other person for the location upon which the adult entertainment establishment was situated. (e) Effective Date of Revocation. The revocation shall take effect sixteen (16) days after the date the City Manager mails the notice of revocation to the licensee or on the date the licensee delivered his license to the City Manager, whichever happens first. SECTION 3. PERMITTING PROVISIONS Section 3 . 1. Adult Entertainment Permit Required. (a) Subject to subsection (b) , no individual maywork in an adult entertainment establishment without having applied for and having been granted a temporary or permanent adult entertainment permit from the City Manager under this Ordinance. (b) An individual who is to engage exclusively in performing janitorial or maintenance services at an adult entertainment establishment, or an individual who is to engage exclusively in performing barbering or cosmetology pursuant to a license issued under, respectively, Chapters 476 or 477, Florida Statutes (1985) , is exempt from subsection (a) . Section 3-2 . Application Requirement for Adult Entertainment Permit; Contents of; Application Fee; Rejection of Incomplete Application; Consent by Applicant. (a) Required. Any individual desiring to work in an adult entertainment establishment shall file with the City Manager a sworn permit application on a standard application form supplied by the City Manager. (b) Contents of Application. The completed application -15- O.R. 2005PAGE 1928 shall contain the following information and shall be accompanied by the following documents: ( 1) The applicant shall state his legal name and any aliases; ( 2 ) The applicant shall submitsatisfactory proof that he is at least eighteen (18 ) years of age, and a photocopy of such proof shall be retained by the City Manager; ( 3 ) The applicant shall furnish a set of his fingerprints which have been taken by the Police Department; (4 ) The applicant shall present a recent color photograph of himself which has been taken by the City Manager; ( 5) The applicant shall state his mailing address and, if different, his address of residence; ( 6 ) The applicant shall reveal his driver ' s license number ; ( 7 ) The applicant shall state whether he has, within the ten ( 10 ) year period immediately proceding the date of the application, been convicted of a specified criminal act, and if so, the specified criminal act involved, the date of conviction, and the place of conviction; ( 8) The applicant shall indicate whether he or she has had a previous permit under this Ordinance which has been suspended or revoked, and if so, the date of the suspension or revocation; ( 9 ) Any additional information which the City Manager deems necessary to effectuate the language and purpose of this Ordinance. (c) Application Fee . Each application for a permit shall be accompanied by a non-refundable fee of fifty dollars ( $50 .00) . If the application for a permit is approved and a permit is granted, the fee shall be applied as a credit towards the permit fee required pursuant to Section 2-7 of this Ordinance. (d) Rejection of Incomplete Application. In the event the City Manager determines or learns at any time thattheapplicant has not properly completed the application for a permit, he shall promptly notify the applicant of such fact, and shall automatically reject the application. (e) Consent. By applying for a permit under this Ordinance, the applicant shall be deemed to have consented to the provisions of this Ordinance and to the exercise by the City Manager, and the Police Chief, of their respective responsibilities under this Ordinance. Section 3-3 . Temporary Permit. The City Manager shall issue a temporary permit to an applicant on the date that the applicant properly files an application. The temporary permit shall automatically expire after fourteen ( 14 ) days . Section 3-4 . Investigation of Application. Upon receipt of an application properly filed with the City Manager and upon payment of the non-refundable application fee, the City Manager shall immediately stamp the application as received and shall immediately thereafter send a fingerprint card to the Police Department. The City Manager shall promptly conduct an investigation of the applicant in accordance with his respective responsibilities under Section 2-1 of this Ordinance. 1927 Section 3-5. Grant; Denial. O.R. 2 PAGE (a) Time Period for Granting or Denying Permit. The City -16- Manager shall grant or deny any application within fourteen (14 ) days from the date of its proper filing. (b) Granting of Permit . If the Chief of Police and the City Manager, have each approved of the application, the City Manager shall grant the application, notify the applicant of the granting, and issue a permit to the applicant. (c) Denying of Permit. (1) The City Manager shall deny the application for any of the following reasons : (A) the applicant is less than eighteen ( 18) years of age; (B) the application contains material false information; (C) the applicant has had a previous permit under this Ordinance which has been suspended or revoked; or (D) the granting of the application would violate a statute or ordinance or an order from a court of law which prohibits the applicant from obtaining an adult entertainment permit. ( 2 ) If the City Manager denies the application, it shall notify the applicant of the denial, and state the reason( s) for the denial. Section 3-6 . Contents of Permit; Scope; Term of Permit; Renewals; Expiration; Cancellation. (a) Contents . The permit shall contain the following: ( 1) The permittee ' s legal name and any aliases ; (2 ) . The permittee ' s residential address; (3 ) The permittee 's sex; (4) The permittee ' s birth date; ( 5) The permittee ' s signature; (6 ) The colorphotograph of the permittee which was taken by the City Manager; ( 7) The expiration date of the permit; and ( 8) The signature of the City Manager. (b) Scope. The permit shall entitle the permittee to work in any adult entertainment establishment. (c) Term. All permits issued under this Ordinance shall remain valid for two ( 2 ) years from the date of issuance. (d) Renewal. Permits shall be renewed on or before two ( 2 ) years from the date of issuance. A permittee shall be entitled to a renewal of his or her permit, as a matter of course, upon payment of a fifty dollar ( $50 .00) fee. (e) Expiration. A permit that is not renewed on or before two ( 2) years from the date of issuance shall expire. An expired permit may be renewed within thirty (30 ) days upon presentment of an affidavit by the permittee stating that he has not engaged in any work at any adult entertainment establishment subsequent to expiration, upon payment of the permit fee of fifty dollars ( $50. 00 ) , and upon payment of a penalty fee of ten dollars ( $10 .00 ) . -17- O.R. 2005 PAGE 1928 (f) Cancellation. All expired permits not renewed within thirty (30) days shall be cancelled summarily by the City Manager. Section 3-7 . Permit Fee. The fee for a permit under this Ordinance shall be fifty dollars ( $50 .00) . Section 3-8 . Suspension of Permit. (a) Conviction for Violation of SECTION 5 of this Ordinance. In the event a permittee commits one (1) or more violations of SECTION 5 of this Ordinance, and a conviction results from at least one (1) of the violations, the City Manager shall, upon the date of the conviction, suspend the permit, and notify.- the permittee of the suspension. The suspension shall remain in effect for a period of ninety (90) days . (b) Effective Date of Suspension. The period of suspension shall begin sixteen ( 16 ) .days after the date the City Manager mails the notice of suspension to the permittee or on the date the permittee delivers his permit to the City Manager, whichever happens first. Section 3-9 . Revocation of Permit. (a) Conviction for Violation of this Ordinance . In the event a permittee commits one (1) . or more violations of SECTION 5 of this Ordinance within a period of two (2 ) years from the date of the violation from which the conviction resulted for which the permit was suspended under Section 3-8, but not including any time during which the permit was suspended, and a conviction results from one ( 1) or more of the violations, the City Manager shall,' upon the date of the first conviction, revoke the permit, and notify the permittee of the revocation. (b) Effect of Revocation. If a permit is revoked, the permittee shall not be allowed to obtain another adult entertainment permit for a period of five ( 5) years. (c) Effective Date of Revocation. The revocation shall take effect sixteen ( 16) days after the date the City Manager mails the notice of revocation to the permittee or on the date the permittee delivers his license to the City Manager, whichever happens first. SECTION 4 . PROVISIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS Section 4-1. General Requirements . Each adult entertainment establishment shall, regardless of whether it is licensed, observe the following general requirements: (a) conform to all applicable building statutes, codes, ordinances, and regulations, whether federal, state or local; (b) conform to all applicable fire statutes, codes, ordinances, and regulations, whether federal, state or local; (c ) conform to all applicable health statutes, codes, ordinances, and regulations, whether federal, state or local; (d) conform to all applicable zoning regulations and land use laws, whether state or local; (e) keep the adult entertainment license posted - in a conspicuous place at the establishment at all times, which license shall be available for inspection upon request at all times by the public; (f) opaquely cover each non-opaque area through which a person outside the establishment may otherwise see inside- the establishment; -18- O.R. 2 O ® 5 PAGE 1 9 2 9 (g) on the first Monday of every month provide the City Manager with a listing of all persons who are, or have been employees at the establishment since the first Monday of the previous month, and their positions. Sections 4-2 . Adult Theater. In addition to the general requirements for an adult entertainment establishment contained in Section 4-1, an adult theater shall, regardless of whether it is licensed, observe the following special requirements: (a) If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions: (1) have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the area; (2 ) have 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; and ( 3 ) have a sign posted in a conspicuous place at or near each entranceway 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. (b) If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions: ( 1) have a sign postedin a conspicuous place at or II near the entranceway which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth; (2) have a permanently open entranceway not less than two ( 2) feet wide and not less than six ( 6) feet high, not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the booth; (3 ) have individual, separate seats, not couches, benches, or the like, which 'correlate with the maximum number of persons who may occupy the booth; (4 ) have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; and ( 5) have, except for the entranceway, walls or partitions of solid construction without any holes or openings in such walls or partitions. (c) If the adult theater is designed to permit outdoor viewing by persons 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 persons may not be seen from any public right-of-way, property zoned for residential use, religious institution, educational institution, or park. Section 4-3 . Adult Dancing Establishment. In addition to the general requirements for an adult entertainment establishment contained in Section 4"-1, an adult dancing establishment shall, regardless of whether it is licensed, observe the following special requirements: (a) it shall have a stage provided for the display or exposure of any specified anatomical area by an employee to a person other than another employee consisting of a permanent - §- O.R. 2 © 0SPAGE 1 3 ® • platform (or other similar permanent structure) raised a minimum of eighteen ( 18) inches above the surrounding floor and encompassing an area of at least one hundred ( 100) square feet; and (b) any area in which a private performance occurs shall: ( 1) have a permanently open entranceway not less than two ( 2 ) feet wide and not less than six ( 6 ) feet high, which entranceway is not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the area; 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 employee from the person viewing the display. SECTION 5. CRIMINAL PROVISIONS Section 5-1. Operation of Establishment Without Valid Adult Entertainment License. It shall be unlawful for any person to be an operator of an adult entertainment establishmentwhere the person knows or should know: (a) that the establishment does not have an adult entertainment license for any applicable classification; (b) that the establishment has a license which is under suspension; (c) that the establishment has a license which has been revoked or cancelled; or (d) that the establishment has a license which has expired. Section 5-2 . Operation of Establishment Contrary to Certain Requirements . (a) It shall be unlawful for any person to be an operator of an adult entertainment establishment which does not satisfy all of the general requirements of Section 4-1. (b) It shall be unlawful for any person - to be an operator of an adult theater which does not satisfy all of the special requirements of Section 4-2 . (c) It shall be unlawful for any person to be an operator of an adult dancing establishment which does not satisfy all of the special requirements of Section 4-3 . Section 5-3. Allowing Employee to Engage in Prohibited Acts. It shall be unlawful for an operator of _ an adult entertainment establishment, regardless of whether it is licensed under this Ordinance, to knowingly or with reason to know, permit, suffer, or allow any employee: (a) to engage in a straddle dance with a person at the establishment ; (b) to contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment; (c) to engage in any specified sexual activity at the establishment; (d) to, where alcoholic beverages are sold, offered for sale, or consumed, display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola -20- O.R. 2005 PAGE l 9 31 and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; (e) to display or expose at the establishment less than completely and opaquely' covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, unless such employee is continuously positioned away from any person other than another employee, and unless such employee is in an area as described in Section 4-3. (f) to display or expose any specified anatomical area while simulating any specified sexual activity with anyother person at the establishment, including with another employee ; (g) to engage in a private performance unless such employee is in an area which complies with the special requirements of Section 4-3 (b) ( 1) and (b) (2 ) ; (h) to, while engaged in the display or exposure of any specified anatomical area, intentionally touch any person at the adult entertainment establishment, excluding another employee; (i) to intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, 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 (j ) subject to Section 3-1 (b) , to work who has not applied for and obtained a permit under this Ordinance. Section 5-4.. Advertising Prohibited Activity. It shall be unlawful for an operator of an adult entertainment establishment, regardless of whether it is licensed under this Ordinance, to advertise the presentation of any activity prohibited by any applicable state statute or local ordinance. Section 5-5. Minors Prohibited. It shall be unlawful for an operator of an adult entertainment establishment, regardless of whether it is licensed under this Ordinance, to knowingly, or with reason to know, permit, suffer, or allow: (a) admittance to the establishment of a person under eighteen ( 18) years of age ; (b) a person under eighteen (18) years of age to remain at the establishment; (c) a person under eighteen ( 18) years of age to purchase goods or services at the establishment; or (d) a person to work at the establishment as an employee who is under eighteen (18) years of age. Section 5-6 . Working at Establishment Which Does Not Have Valid Adult Entertainment License. It shall be unlawful for any person to work in an adult entertainment establishment that he knows or should know is not licensed under this Ordinance, or which has a license which is under suspension, has been revoked or cancelled, or has expired, regardless of whether he has applied for and obtained a temporary or permanent permit under this Ordinance. Section 5-7 . Working. Without Permit Prohibited. (a) Subject to Section 3-1(b) , it shall be unlawful for any person to work in an adult entertainment establishment, regardless of whether it licensed under this Ordinance, if the person has not applied for and obtained a temporary or permanent -21- O.R. 2005PAGE 1332 permit under this Ordinance. (b) Subject to Section 3-1(b) , it shall be unlawful for any person to work in an adult entertainment establishment, regardless of whether it is licensed under, this Ordinance, unless the person has a temporary or permanent permit in his possession while working at the establishment. (c) Subject to Section 3-1 (b). , it shall be unlawful for any person working in an adult entertainment establishment, regardless ofwhether it is licensed under this Ordinance, to fail to produce a temporary or permanent permit upon demand for inspection by any law enforcement officer. Section 5-8. Engaging in Prohibited Activity. It shall be unlawful for any employee of an adult entertainment establishment, regardless of whetherit is licensed under this Ordinance: (a) to engage in a straddle dance with a person at the establishment; (b) tocontract or otherwise agree with a person to engage in a straddle dance with a person at the establishment; (c ) to engage in any specified sexual activity at the establishment; (d) to, where the employee knows or should know that alcoholic beverages are sold, offered for sale, or consumed, display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and. nipple .of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; (e) to display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, unless such employee is continuously positioned- away from any person other than another employee, and unless such employee is in an area as described in Section 4-3 ( a) ; (f) to engage in the display or exposure of any specified anatomical area while simulating any specified sexual activity which any other person at the establishment, including with another employee ; (g.) to engage in ..a private .performance unless such employee is in -an area which complies with the special requirements set forth in 4-3 (b) ( 1) and (b) ( 2 ) ; (h) to, while engaged in the display or exposure of any specified anatomical area, intentionally touch any person at the adult entertainment establishment, excluding another employee; or (i) to touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the waist and above the knee of the person, or to touch the clothed or unclothed breast of any female person. Section 5-9 . Touching of Employee by .Person. ( a) It shall be unlawful for any person in an adult entertainment establishment, other than another employee, to intentionally touch an employee who is displaying or exposing any specified anatomical area at the adult entertainment -22- O.R. 2OO5PAGE 1933 establishment. (b) . It shall be unlawful for any person in an adult entertainment establishment," other than another employee, to intentionally touch the clothed or unclothed breast of any employee, or to touch the clothed body of any employee . at any point below the waist and above the knee of the employee. Section 5-10. Exceeding Occupancy Limit of Adult Booth. 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 Section 4-2 . Section 5-11. Use of Restrooms or Dressing Rooms. Notwithstanding any provision indicating to the contrary, it shall not be unlawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this Ordinance, to expose any specified anatomical area during the employee ' s bona fide use of a restroom, or during the employee ' s bona fide use of a dressing room which is accessible only to employees. Section 5-12 . Hours of Operation. (a) It shall be unlawful for any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2 : 00 a.m. and 9 : 00 a.m. of any particular day. (b) It shall be unlawful for any employee 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, between the hours of 2 :00 a.m. and 9 :00 a.m. of any particular day. Section 5-13 . Alteration of License or Permit. (a) It shall be unlawful for any person to alter or otherwise change the contents of an adult entertainment license without the written permission of the City Manager. (b) It shall be unlawfulfor any person to alter or otherwise change the contents of an adult entertainment permit without the written permission of the City Manager. Section 5-14. False Statement or False Information 1,1a. Applying for License or Permit. (a) It shall be unlawful for any person applying for an adult entertainment license to make a false statement which is intended to facilitate the issuance of a license, or to provide false information which is intended to, facilitate the i"ssuance of_ a license. - � (b) It shall be unlawful for any person applying for, an adult entertainment permit to make a false statement- NOi h- is intended to facilitate the issuance of a permit, or to provide false information which is intended to facilitate the issuance of a permit.. Section 5-15. Violations Subject to Criminal Prosecution. 1 Whoever violates any Section of SECTION 5 of this Ordinance may - be prosecuted and punished as provided by Section 125. 69_,."Tlorida Statutes ( 1985) . SECTION 6. MISCELLANEOUS PROVISIONS Section 6-1. Appeals. . . (1) Within fifteen (15) days of the mailing of a notice of _ -23- O.R. 05PQGE193 denial of an application for a license or permit or a notice 'of suspension or revocation of a license or permit, the aggrieved party may file a notice of appeal with the City Council. (2) The notice of appeal shall be filed with the ' City Council. The notice of appeal shall be accompanied by payment of a filing fee of fifty dollars ( $50 .00) to cover administrative costs. Upon receipt of the notice of appeal and upon payment of the accompanying fifty dollars ( $50 .00) filing fee, the City Council shall schedule a hearing for as soon as the Council ' s calendar will allow. The City Council shall provide the appellant with at least ten .( 10 ) days ' notice of the time and place for the hearing. (3 ) If, at the conclusion of the hearing, the City Council-= finds that the license or permit should- not have been deriied;y suspended, revoked, or cancelled, it shall so notify the City Manager, who shall immediatley grant or reissue the license: or permit. - Section 6-2 . Notice . Any notice required under this Ordinance shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license or a permit. This mailing address shall be considered the correct mailing address unless the City Manager has been otherwise notified in writing. Section 6-3 . Immunity from Prosecution. The City or any Department shallbe immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon an adult entertainment establishment while acting within the scope of its authority under this Ordinance. Section 6-4 . Powers of City Council. The City Council may bring suit in the Circuit Court to restrain, enjoin or otherwise -prevent the violation of this Ordinance. Section 6-5. Repeal. All ordinances and/or laws in conflict herewith are expressly repealed. Section 6-6 . . : Effective Date. This Ordinance shall take effect immediately upon- final passage and approval by City Council. The foregoing Ordinance No. ' (5-3was read and passed on its ,fir:st• : ...reading in open and regular meeting by the City Council, of the. City of Zephyrhills, Florida on the day of • , A.D. , 1991. cc ZE ply • \ \ � i / C E C. BRACKNELL = `.• `_ ` resident of City Council '^�TTES ©. irty Cek, 'ANNE GOOD • ______ .hoyrcfegoing` 'Ordinance No. ,53was read and passed on its second reading in open and regular meeting b the City Council of .the City of Zephyrhills, Florida on the 254.:.. day of 11/ A.D. , 1991. .......... ) AO(:i /// js • j _ / l , CL E C. BRACKNELL � / P esident of City Council SATTES' // /! ty Clerk, JOANNE GOOD v. -24- O.R. 2`005 PAGE 19 3 .-: Ordinance No. 534 The foregoing Ordinance No. 534 was read and passed on its third reading in open and regular meeting by the City Council of the. City ' kf Zephyrhills, Florida on the ,c2A-4YC day of A.D. , 1991. '-- .. . 30'.,!! '..'!-PO y. $• e ... .. ..•.. i.) •:F. -, ••. --...• ,*' ,4,, •' ,i: C- -.. ‘, \\ '•.e. ''. / John4). Geigeril i President of City CcUcil T'1' 'S7:- , .. . \ i-n '•. --.'isifi y.-._Cle,rk, JO—ANNE GOOD 0 1 • • ---- .V.plifigYfr-oYegoing Ordinance No. 534 was approved by me on at.A.L the ...4 AA,I.. day of A.D. , 1991. 7-v _ 'OBT_H. JOHNSON, .. ayor i . , .i Imili. CIO 4.„*.tZ. , m -..zi :1::•.0:7.3 Fri Mrri -4.. CM 1:-:1-ri r:2:1 • Oa (...'")t-'7'..-4rni-AA =L.51 .. : C.31-1111-..1 • I 1-•-tt•1.---, I'S)1-171.....;.•0.* ..-7-...tr•-:1 rn at 01 rrl C..:1'•-••• hi.•-11-1"r•::: rri 70••• Lrl n.. LT.' ..•-•:.•1=i rn,.....,-.... AECORD VERIFIED JED PITTMAN • 3.C3 ' i••••4 e•-•-11 4.•••• CA :'.›.'2??:.r.....1 4%•- c--b- —.I riii-•-.•6,..:1 c.----Ok fk Ci coult Court, '• •untY Ci IL e2 ..... I...4 •••—r .."1 C.....I •4,-s. ...... n..... ..^..1 ."11 ....t>.7.r3 ----1 rn 4-- t.--I Co a.:.• PI •••••.. In rrir- .. r„D 11.U 4 48 - t••-•.% C, 1,...., • i•-,-.- ,-•-.- ,•-•.- is sa ..ir, ..i:••• r..,..1 5--,..- r.t.- r=tr:zi at I:3CD "Til O.R. 2005pAGE1936 .In in 17:3 rn .7.g..: •