City of South Pasadena, FL Legislative Findings; Definitions

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Article II Legislative Findings; Definitions

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§ 147-6 Legislative findings.

§ 147-7 Definitions.

§ 147-8 Regulation of obscenity subject to state law.

§ 147-9 Regulation of massage establishments subject to state law.

§ 147-10 Severability.

§ 147-6 Legislative findings.

In reaching the decision to adopt this chapter, the City Commission considered the city staff report dated August 19, 1994, on the adverse secondary effects of adult uses on the community and the following reports, studies and judicial opinions on which said staff report was based and considered these materials as relevant data:

(1)

Northend Cinema Inc. v. Seattle, 90 Wash. 2d 709, 585 P.2d 1153 (1978).

(2)

Report On Zoning and Other Methods of Regulating Adult Entertainment in Amarillo (Texas) dated September 12, 1977.

(3)

Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May 1979.

(4)

Findings of the City Planning Commission for the City of New York, dated January 26, 1977.

(5)

Detroit's Approach to Regulating the "Adult Uses" Presented to American Institute of Planners, Annual Conference, October 10, 1977.

(6)

Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas, dated September 14, 1982.

(7)

United States v. O'Brien, 391 U.S. 367 20 L.Ed.2d 672, 88 S.Ct 1673 (1968).

(8)

California v. LaRue, 409 U.S. 109, 34 Led.2d 342, 93 S.Ct 390 (1972).

(9)

Erzonoznik v. Jacksonville, 422 U.S. 205, 45 L.Ed.2d 125, 95 S.Ct 2268 (1975).

(10)

Young v. American Mini-Theaters, Inc., 427 U.S. 50, 49 L.Ed.2d 310, 96 S.Ct. 2440 (1976).

(11)

New York State Liquor Authority v. Bellanca, 452 U.S. 714, 69 L.Ed.2d 357, 101 S.Ct. 2599 (1981).

(12)

Schad v. Mount Ephram, 452 U.S. 61, 68 L.Ed.2d 671, 101 S.Ct. 2176 (1981).

(13)

City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct. 925 (1986).

(14)

City of Newport v. Iacobucci, 479 U.S. 92, 93 L.Ed.2d 334, 107 S.Ct. 383 (1986).

(15)

FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 107 L.Ed.2d 603, 110 S.Ct. 596 (1-9-90); lower court opinion at FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988).

(16)

Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991).

(17)

Hoffman v. Carson, 250 So.2d 891 (Fla. 1971). (F.S. § 800.03, Public exposure).

(18)

Board of County Commissioners of Lee County v. Dexterhouse, 348 So.2d 916 (Fla. 2nd DCA 1977).

(19)

Steffens v. Lugo, 343 So.2d 90 (Fla. 3rd DCA 1977). (Miami Springs.)

(20)

Bayside Enterprises, Inc. v. Carson, 450 F. Supp. 696 (M.D. Fla. 1978). (Bayside I.) (Jacksonville.)

(21)

Bayside Enterprises, Inc. v. Carson, 470 F. Supp. 1140 (M.D. Fla. 1979). (Bayside II.) (Jacksonville.)

(22)

San Juan Liquors, Inc. v. Consolidated City of Jacksonville, Florida, 480 F. Supp. 151 (M.D. Fla. 1979).

(23)

Griffin v. State, 396 So.2d 152 (Fla. 1981). (F.S. § 847.014 Harmful to Minors).

(24)

Grand Faloon, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982). (City of Cocoa Beach.)

(25)

Marrs v. State, 413 So2d 774 (Fla. 1st DCA 1982) (Escambia County).

(26)

City of Miami Springs v. J.J.T., Inc., 437 So2d 200 (Fla. 3rd DCA 1983).

(27)

Gayety Theaters, Inc. v. City of Miami, 719 F.2d 1550 (11th Cir. 1983).

(28)

Fillingim v. State, 446 So.2d 1099, (Fla. 1st DCA 1984). (Leon County.)

(29)

Krueger v. City of Pensacola, 759 F.2d 851 (11 Cir. 1985).

(30)

ATS Melbourne, Inc. d/b/a Thee Doll House IV v. City of Melbourne, 475 So.2d 1257 (Fla. 5th DCA, 1985).

(31)

City of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985).

(32)

Leverett v. City of Pinellas Park, 775 F.2d 1536 (11 Cir. 1985).

(33)

International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986).

(34)

International Food & Beverage Systems v. Ft. Lauderdale, 664 F.Supp. 482 (S.D. Fla. 1987).

(35)

International Eateries of America, Inc. v. Broward County, 726 Fed. Sup. 1556 (S.D. Fla. 1987).

(36)

Fillingim v. Boone, 835 F.2d 1389 (11th Cir. 1988). (Leon County.)

(37)

Function Junction, Inc., et al. v. City of Daytona Beach, 705 F.Supp. 544 (M.D. Fla. 1987, as amended January 27, 1988).

(38)

Movie and Video World, Inc. v. Palm Beach County, 723 F. Supp. 695 (S.D. Fla. 1989).

(39)

Geneas v. Willets, 715 F. Supp. 334 (M.D. Fla. 1989). (Daytona Beach.)

(40)

Stall & Long v. State, 570 So.2d 257 (Fla. 1990); lower court opinion at 544 So.2d 219 (Fla. 2d DCA 1989). No right to privacy in commercial establishment.

(41)

Southern Entertainment Company of Florida, Inc. v. City of Boynton Beach, 736 F.2d 1094 (S.D. Fla. 1990).

(42)

International Eateries v. Broward County, Florida, 941 F.2d 1157 (11th Cir. 1991).

(43)

T-Marc, Inc. v. Pinellas County, 804 F.Supp. 1500 (M.D. Fla. 1992).

(44)

Cafe 207, Inc. v. St. Johns County, 989 F.2d 1136 (11th Cir. 1993). This decision is preliminary to a future decision that is anticipated to be significant in impact.

(45)

Legislative Report on a Chapter Amending § 28-73 of the Code of Chapters of the City of Houston, Texas; Providing for the Regulation of Sexually Oriented Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and Massage Establishments; and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.

(46)

Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986.

(47)

Adult Entertainment Business in Oklahoma City, A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986.

(48)

Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February 1984.

(49)

Director's Report: Proposed Land Use Code Text Amendment, Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989.

(50)

Transcription of Pinellas County Sheriff's Department videotape titled "Adult Lounges Surveillance." A nine-minute videotape dated June 1987, which was presented to the Board of County Commissioners at the June 16, 1987, public hearing during which Chapter 87-45 was adopted.

(51)

Summary and presentation of Pinellas County Sheriff's Officers' report detailing the criminal activities associated with adult uses in Pinellas County.

(52)

Past reports from Hillsborough County re: criminal nature of secondary effects.

(53)

Land use study by the Department of Community Improvement regarding the amount of land available within the city for adult uses.

(54)

Copies of Hillsborough County Sheriff's Office reports dealing with several adult businesses in the county.

After considering the relevant data, recommendations of the Local Planning Agency/Citizens Advisory Board, hearing testimony from law enforcement officials and other interested parties, the City Commission adopts the following findings:

(1)

Commercial establishments exist in close proximity to South Pasadena in St. Pete Beach, other nearby cities and counties in west central Florida where books, magazines, periodicals or other printed material or photographs, films, motion pictures, prints, videotapes, slides or other visual representations or recordings or audio matter or instruments, novelties, devices or paraphernalia which depict, illustrate, describe or relate to specified sexual activities or specified anatomical areas are possessed, displayed, exhibited, distributed and/or sold.

(2)

Commercial establishments may seek to locate within the city and already exist in other nearby cities or counties in west central Florida where dancers, entertainers, performers or other individuals, for commercial gain, perform or are presented while displaying or exposing specified anatomical areas or engage in straddle dancing or touching with customers.

(3)

The activities described in Subsection B(1) and (2) occur at establishments which operate for the purpose of making a profit and, as such, are subject to regulation by the city in the interest of the health, safety, economy, property values and general welfare of the people, businesses and industries of the city.

(4)

When the activities described in Subsection B(1) and (2) are present in establishments, other activities which are illegal, unsafe 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 or possession of controlled substances and violent crimes against persons and property.

(5)

When the activities described in Subsection B(1) and (2) are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described in Subsection B(4) and ultimately lead residents and businesses to move to other locations.

(6)

The establishments in which the activities described in Subsection B(1) and (2) occur often are constructed, in part or in whole, of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants and have exterior signs or appearance that lower the surrounding property values and contribute to urban decline.

(7)

The activities described in Subsection B(1) and (2) often occur in establishments concurrent with the sale and consumption of alcoholic beverages.

(8)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in Subsection B(1) and (2) leads to a further increase in criminal activity, unsafe activity and disturbances of the peace and order of the surrounding community.

(9)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in Subsection B(1) and (2) 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.

(10)

In order to preserve and safeguard the health, safety, property values and general welfare of the people and businesses of the city, it is necessary and advisable to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in Subsection B(1) and (2) occur.

(11)

Employees of establishments at which the activities described in Subsection B(1) and (2) occur engage in a higher incidence of certain types of unhealthy or criminal behavior than employees of other establishments.

(12)

Physical contact or touching within establishments at which the activities described in Subsection B(1) and (2) 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.

(13)

In order to preserve and safeguard the health, safety and general welfare of the people of the city, it is necessary and advisable for the city to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described in Subsection B(1) and (2) occur.

(14)

The potential dangers to the health, safety and general welfare of the people of the city posed by permitting an establishment at which the activities described in Subsection B(1) and (2) occur to operate without first meeting the requirements for obtaining a license under this code are so great as to require the licensure of such establishments prior to their being permitted to operate.

(15)

Requiring operators of establishments at which the activities described in Subsection B(1) and (2) occur to keep a list of information concerning current employees and certain recent past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

(16)

Prohibiting establishments at which the activities described in Subsection B(1) and (2) occur from operating within set distances of educational institutions, religious institutions, residences, areas designated for residential use and parks, at which minors are customarily found, will serve to protect minors from the adverse affects of the activities that accompany such establishments.

(17)

Straddle dancing, unregulated private performances and enclosed adult booths in establishments at which the activities described in Subsection B(1) and (2) occur have resulted in indiscriminate commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression.

The City Commission has determined that at present there are no adult use establishments operating in South Pasadena and therefore no amortization period for nonconforming uses is necessary.

The City Commission recognizes that as adult uses, as defined herein, affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated, special regulation of these uses in necessary to ensure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood.

The City Commission has determined that adult uses should be dispersed rather than concentrated and finds that a minimum distance of three hundred (300) feet between adult uses serves an important function in preventing the concentration of adult uses.

Requirements greater than three hundred (300) feet between adult and certain other land uses would not provide a sufficient area in which adult uses could be located and constitutional strictures be met. The City Commission, therefore, finds that the three-hundred-foot distance requirement is a reasonable balance between the concern for the public health, safety and welfare of the citizens and a need to provide a sufficient area for adult uses to be located.

The City Commission has determined that this chapter is necessary to prevent crime, protect the city's retail trade, maintain property values and protect and preserve the quality of neighborhoods and commercial districts and the quality of urban life.

§ 147-7 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULT ARCADE

A place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE

It is an evidentiary presumption that an establishment which advertises, sells or rents adult material or offers for sale or rent adult material is an "adult bookstore."

The provisions of Subsection A are not intended to apply if the presumption is rebutted by evidence that establishes that at the establishment:

(1)

Admission is not restricted to adults only;

(2)

All adult material is accessible only by employees;

(3)

The gross income from the sale and/or rental of adult material comprises less than ten percent (10%) of the gross income from the sale and rental of the goods or services at the establishment; and

(4)

The individual items of adult material offered for sale and/or rental comprise less than twenty-five percent (25%) of the total individual new items publicly displayed as stock-in-trade in any of the following categories: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videotapes (VHS format), videotapes (BETA format), slides or other visual representations or recordings or other audio matter or less than twenty-five percent (25%) of the individual used items publicly displayed at the establishment as stock-in-trade in the same categories set out above.

ADULT BOOTH

A separate enclosure inside an adult use 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, adult arcade 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 rest room.

ADULT MATERIAL

Any one (1) or more of the following regardless of whether it is new or used:

Books, magazines, periodicals or other printed matter, paintings, drawings or other publications or graphic media or photographs, films, motion pictures, videocassettes or disks, 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 a 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 MOTEL

Any motel, hotel, boardinghouse, 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, videotapes, slides or other photographic reproductions which have as their primary or dominate 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."

ADULT PHOTOGRAPHIC OR MODELING STUDIO

Includes any business establishment which offers or advertises as its primary business stock-in-trade the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas or the modeling of apparel that exhibits specified anatomical areas.

ADULT THEATER

An enclosed building or an enclosed space within a building or an open-air area used for presenting either filmed or live plays, dances or other performances, either by individuals or groups, distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this chapter for observation by patrons therein. An establishment which has "adult booths" or an "adult arcade" or meets the definition of an "adult motel" is considered to be an "adult theater."

ADULT USE

Any business entity which knowingly, or with reason to know, permits, suffers or allows private performances as defined under this chapter. "Adult use" also shall be defined to include the terms "adult arcade," "adult bookstore," "adult booth," "adult motel," "adult theater," "special cabarets," "physical culture establishments" and "adult photographic or modeling studios," as defined in this chapter, including any business establishment whose primary business stock-in-trade is dependent upon the activities relating to specified sexual activities or specified anatomical areas, as defined in this chapter.

ALCOHOLIC BEVERAGE

Distilled spirits and all beverages containing one-half of one percent (1/2 of 1%) or more of alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though such remaining ingredients were distilled water. 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 known as whiskey, moonshine whiskey, wine, 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 named similar thereto, and the bottle or can bears the manufacturer's insignia, name or trademark. 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."

[Added 6-25-1996 by Ord. No. 96-04]

APPLICANT

Any business entity or person that has applied for an adult use permit or license.

BUSINESS ENTITY

Any and all persons, natural or artificial, including any individual, firm, corporation or association operating or proposed to operate 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.) "Business entity" includes any enterprise or venture in which a person sells, buys, exchanges, barters, deals or represents the dealing in any thing or article of value or renders services for compensation.

CERTIFICATION OF COMPLIANCE/NONCOMPLIANCE

A notice issued by the Department of Community Improvement indicating to an applicant that the location proposed for an adult use complies or does not comply with the location requirements of this chapter.

CHILD-CARE FACILITY

Any children's center, day nursery, nursery school, kindergarten or family day-care home as defined in Chapter 61-2681 Laws of Florida. (Codified in the Compiled Laws and Chapters, Pinellas County, Florida.)

CHURCH

A site or premises such as a church, synagogue, temple, mosque, cathedral, chapel, tabernacle or similar place which is used primarily or exclusively for religious worship and related activities.

CITY

The City of South Pasadena, Florida.

COMMISSION

The City Commission of the City of South Pasadena, Florida.

CONVICTION

A determination of guilt resulting from a plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

DEPARTMENT

The Department of Community Improvement and the Director, employees, officers and agents thereof.

EMPLOYEE

A person who works or performs or provides services in connection with an adult use establishment, irrespective of whether said person is paid a salary or wage or is an independent contractor, provided that such person has a substantial or consistent relationship with the business of or entertainment/services provided by the adult use. "Employee" includes but is not limited to performers, managers and assistant managers, stock persons, tellers and operators.

ESTABLISHMENT

A site or premises or portion thereof upon which certain adult use activities or operations are conducted.

ESTABLISHMENT OR COMMENCEMENT OF BUSINESS

Means and includes any of the following:

(1)

The opening or commencement of any adult use business as a new business.

(2)

The conversion of an existing business, whether or not an adult use business, to any adult use business.

(3)

The addition of any adult use business to any other existing adult use business.

(4)

The relocation of any adult use business.

(5)

The continuation of an existing adult use business regardless of whether it is in compliance with the requirements of this chapter.

For purposes of determining the date of commencement of business under this chapter, evidence in the form of certified certificates of occupancy, affidavits, valid receipts or business records may be utilized. Any decision regarding a given date of commencement may be appealed pursuant to the provisions of § 147-51 of this chapter.

INFORMATION MATERIAL TO THE DECISION

Information which, if provided, would result in a denial pursuant to § 147-17C.

LAW ENFORCEMENT OFFICER

Any person who is elected, appointed or employed full-time by the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state.

LICENSEE

Any person whose application for an adult entertainment establishment has been granted and who owns, possesses, operates and controls the establishment.

MATERIAL FALSE INFORMATION

Information provided by the applicant which, if false, would result in denial pursuant to § 147-17C.

MISREPRESENTATION OR MISTAKE OF FACT OR LAW RELEVANT TO THE DECISION

Information which, if not misrepresented or mistaken, would result in a denial pursuant to § 147-17C.

MIXED-USE ZONING DISTRICT

Any parcel located within or outside of the City of South Pasadena, including the incorporated or unincorporated areas of the Pinellas County, or an adjacent municipality, the land use or zoning designation of which allows residential use alone or in any combination with commercial or industrial uses.

NATES

The prominence formed by the muscles running from the back of the hip to the back of the leg.

OPERATOR

Any person who engages in or performs any activity which is necessary to or which facilitates the operation of any adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, employee or supervisor. This term is not meant to include repairmen, janitorial personnel or the like who are only indirectly involved in facilitating the operation of the adult use.

PATRON

Includes any natural person other than an employee, operator or licensee or governmental officer while performing duties pursuant to this chapter or other law.

PERSON

Any and all persons, natural or artificial, including any individual, firm, corporation or association.

PHYSICAL CULTURE ESTABLISHMENT

Any business establishment which offers or advertises massage, body rubs, body cleansing, body scrubs or physical contact with specified anatomical areas, whether or not licensed. Business establishments which routinely provide medical services by state-licensed medical practitioners, massage therapists licensed in accordance with Chapter 480, Florida Statutes, and electrolysis treatment by licensed operators of electrolysis equipment shall be excluded from the definition of adult "physical culture establishments."

PRIVATE PERFORMANCE

Engaging in specified sexual activities or the display of any specified anatomical area by an employee 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 while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons outside the area.

PUBLIC RECREATION AREA

A tract of land within a municipality or unincorporated area which is kept for ornament and/or recreation and which is maintained as public property.

RESIDENTIAL PROPERTY

Any parcel located inside or outside the city where the applicable land use or zoning designation allows residential use.

SCHOOL

Includes a premises or suite upon which there is a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school or exceptional learning center. However, the term "school" does not include a premises or site upon which there is an institution devoted solely to vocational or professional education or training or an institution of higher education, including, but not limited to, a community college, junior college, four-year college or university.

SPECIAL CABARET

Any bar, dance hall, restaurant or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers or waiters or waitresses that engage in specified sexual activities or display specified anatomical areas or any such business establishment, the advertising for, or a sign or signs identifying which, use the words "adult," "topless," "nude," "bottomless" or other words of similar import.

SPECIFIED ANATOMICAL AREA

Less than completely or opaquely covered:

(1)

Human genitals or pubic region; or

(2)

Cleavage of the nates of the human buttocks; and

(3)

That portion of the human female breast directly or laterally below a point immediately above the top of the areola; 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 that the areola is not so exposed.

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

Any covering, tape, pastie, latex spray or paint or other device which simulates or otherwise gives the appearance of the display or exposure of any of the specified anatomical areas listed in Subsections A and B of this definition.

SPECIFIED CRIMINAL ACT

A violation or violations of this chapter, as amended, sufficient to warrant suspension or revocation of an adult use license under §§ 147-23 and 147-24.

An offense under Chapter 794, Florida Statutes (sexual battery);

An offense under Chapter 796, Florida Statutes (prostitution);

An offense under Chapter 800, Florida Statutes (lewdness; indecent exposure);

An offense under Chapter 826, Florida Statutes, (bigamy; incest);

An offense under Chapter 847, Florida Statutes (obscene literature; profanity); or

An offense under a statute of a state other than Florida analogous to the offenses listed in Subsections B through F of this definition or under an analogous chapter of another county or city which would be sufficient to warrant suspension or revocation of an adult use license under §§ 147-23 and 147-24.

SPECIFIED SEXUAL ACTIVITY

Human genitals in a state of sexual stimulation, arousal or tumescence;

Acts of anilingus, bestiality, buggery, cunnilingus, copraphagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or

Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C of this definition.

§ 147-8 Regulation of obscenity subject to state law.

It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by state law, including Chapter 847, Florida Statutes.

§ 147-9 Regulation of massage establishments subject to state law.

It is not the intent of the City Commission 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.

§ 147-10 Severability.

It is declared to be the legislative intent that, if any section, subsection, sentence, clause or provision of this chapter is held invalid, the remainder of the chapter shall not be affected and shall be interpreted, if necessary, so as to give a meaning consistent with the purpose and intent of this chapter.