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activities or specified anatomical areas. "Adult motels" are
<br /> included within the definition of "adult theater" . An
<br /> establishment which has "adult booths" is considered to be an
<br /> "adult theater" .
<br /> (h) "Alcoholic Beverage" means a beverage containing more
<br /> than one percent ( 1%) of alcohol by weight.
<br /> ( 1) It shall be prima-facie evidence that a beverage
<br /> is an alcoholic beverage if there is proof that the beverage in
<br /> question was or is knownas whiskey, moonshine whiskey, shine,
<br /> rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer,
<br /> malt liquor, or by any other similar name or names, or was
<br /> contained in a bottle or can labeled as any of the above names,
<br /> or a name similar thereto, and the bottle or can bears the
<br /> manufacturer ' s insignia, name, or trademark.
<br /> ( 2 ) Any person who, by experience in the handling of
<br /> alcoholic beverages, or who by taste, smell, or drinking of such
<br /> alcoholic beverages has knowledge of the alcoholic nature
<br /> thereof, may testify as to his opinion about whether such
<br /> beverage is an alcoholic beverage.
<br /> (i) "Council" means the City Council of the City of
<br /> Zephyrhills.
<br /> (j ) "City Manager" means the chief administrative officer
<br /> or his designee.
<br /> (k) "Conviction" means a determination of guilt resulting
<br /> from plea or ' trial, regardless of whether adjudication was
<br /> withheld or whether imposition of sentence was suspended.
<br /> (1) "Department" means the Building Department, Fire
<br /> Department, City Police Department, or Planning Division,
<br /> including the respective director, employees, and agents thereof.
<br /> (m) "Educational Institution" means a premises or site upon
<br /> which there is an institution of learning for minors, whether
<br /> public or private, which conducts regular classes and/or courses
<br /> of study required for eligibility to certification by,
<br /> accreditation to, or membership in the State Department of
<br /> Education of Florida, Southern Association of Colleges and
<br /> Secondary Schools or the Florida Council of Independent School.
<br /> The term "educational institution" includes a premises or site
<br /> upon which there is a nursery school, kindergarten, elementary
<br /> school, junior high school, senior high school or any special
<br /> institution of learning. However, the term "educational
<br /> institution" does not include a premises or site upon which there
<br /> is a vocational institution, professional institution or an
<br /> institution of higher education, including a community college,
<br /> junior college, four year college or university.
<br /> (n) "Employee" means a person who works or performs in an
<br /> adult entertainment establishment, irrespective of whether said
<br /> person is paid a salary or wage by the owner or manager of the
<br /> premises.
<br /> (o) "Establishment" means a site or premises, or portion
<br /> thereof, upon which certain activities or operations are being
<br /> conducted for commercial or pecuniary gain. ( "Operated for
<br /> commercial or pecuniary gain" shall not depend upon actual profit
<br /> or loss. Also, "operated for commercial or pecuniary gain" shall
<br /> be presumed where the establishment has an occupational license . )
<br /> (p) "Inspector" means a respective employee of the Building
<br /> Department, Zoning Department, Police Department or Fire
<br /> Department who inspects premises licensed under this Ordinance
<br /> and takes or requires theactions authorized by this Ordinance in
<br /> case of violations being found on licensed premises, and who also
<br /> inspects premises seeking to be licensed under this Ordinance and
<br /> takes or requires corrections of unsatisfactory conditions found
<br /> O.R. : 2 O O 5 PAGE 19 6 -5-
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