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0743 Adult Entertainment EstablishmentsORDINANCE NO. 743 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDINANCES BY RESCINDING ORDINANCE NO 720 AND ENACTING AN ORDINANCE TO REGULATE ADULT ENTERTAINMENT ESTABLISHMENTS AND TO CREATE REGULATIONS REGARDING THE LOCATION AND CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF OKEECHOBEE; SETTING FORTH FINDINGS AND DECLARING INTENT; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE; PROVIDING FOR CONSENT TO ENTER PREMISES; PROVIDING FOR THE REQUIREMENT OF AN ADULT ENTERTAINMENT ESTABLISHMENT PERMIT; PROVIDING FOR CLASSIFICATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PERMITTING REQUIREMENTS, TERMS, RECORDS, FEES, EFFECT OF CONVICTIONS, CHALLENGES, AND HEARINGS; PROVIDING FOR DISTANCE AND ZONING RESTRICTIONS; PROVIDING FOR LIMITATION ON CONSUMPTION OF ALCOHOL; PROVIDING FOR GENERAL OPERATIONAL RULES; PROVIDING FOR CRIMINAL PROVISIONS; PROVIDING FOR PROHIBITIVE ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect and preserve the unique character of the City of Okeechobee as a family oriented attraction for families, tourists and businesses; and WHEREAS, failure of the City to ensure that adult entertainment activities and sexually oriented business are appropriately regulated would adversely impact the City insomuch as the City is a local government jurisdiction that is very family oriented and encourages economic and tourism development; and WHEREAS, the City Council finds and determines that the provisions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is or could be adverse to public order, health, safety, morals and welfare within the City of Okeechobee; and WHEREAS, the passage of this Ordinance is necessary to preserve the basic character of the City of Okeechobee; and WHEREAS, it is the intent of the City Council to establish reasonable and uniform regulations that will protect the health, safety, peace, morals, and general welfare of all the people of the City of Okeechobee, Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OKEECHOBEE HEREBY ORDAINS: SECTION ONE. The City of Okeechobee Code of Ordinances is hereby amended by amending Chapter 11, Article III Section 11-51 through Section 11-59 which said chapter shall read as follows: Section 11 -53. Purpose. ARTICLE III. ADULT ENTERTAINMENT ESTABLISHMENTS Section 11-51. Title. This Ordinance shall be known and may be cited as the "Adult Entertainment Code." Section 11-52. Authority. This Code is enacted under the home rule power of the City of Okeechobee in the interest of the health, safety, peace, and general welfare of the people of the City of Okeechobee and under the authority of the City to regulate the sale and consumption of alcoholic beverages under the Twenty -First Amendment to the Constitution of the United States. It is the purpose of this chapter to regulate adult entertainment businesses to promote the health, safety, morals, and general welfare of the citizens of the City of Okeechobee, and to establish reasonable and uniform regulations to prevent the deleterious effects of location and concentration of adult entertainment businesses within the City. The provisions of this ordinance have neither the purpose or intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, or other aspects of constitutionally protected speech. It is not the intent of the City Council to legislate with respect to matters of obscenity, as those matters are regulated by federal and state law. Similarly, it is not the intent or effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of adult oriented material to their intended market. Neither is it the intent or effect of this ordinance to condone or legitimize the distribution of obscene material. Page 1 of 23 Section 11 -54. Findings of Fact. Okeechobee County has considered evidence and testimony presented at public hearings before the Okeechobee County Planning Board and the County Commission, and based upon the findings incorporated in studies conducted by other governmental units, including but not limited to, the following studies prepared by other jurisdictions: Statistical synopsis of police calls to adult entertainment businesses (Stuart, Martin County, Florida, 1993); Statistical synopsis of police response calls to adult entertainment businesses in St. Lucie County (1993); Correspondence by Florida State University Professor, Margaret A. Baldwin, Esq., as testimony on scholarly research regarding an adult business, (Tallahassee, Florida, 1993); "Report on Adult Oriented Businesses in Austin," Texas (1985); "Adult Entertainment Businesses in Indianapolis, an Analysis," Indiana (1984); "The Impact of Adult Entertainment Centers on the Community of Tampa, Florida," (1982); "Study of the Effects of the Concentration of Adult Entertainment Establishments in the County of Los Angeles," California (1977); and findings of the Okeechobee County Sheriff's Department and the State Attorney's office detailing the secondary effects of and the potential for criminal activities associated with adult uses. The County further relies upon the findings incorporated in County of Renton v. Playtime Theaters, Inc., 475 U.S. 41,106 S.Ct. 925, 89 L.Ed. 2d 29 (1986); Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed. 2d 310 (1975); Bonnell, Inc. v. Board of Adjustments, 791 P.2d 107 (Okl. App. 1989), and has considered such other public input, research, and legal analysis which the City Council relies upon and believes to be relevant to problems associated with adult uses. The City determines that the enactment of a time, place, and manner ordinance regulating and addressing the adverse secondary effects of adult entertainment uses is an appropriate exercise of the City's home rule power in the interest of the health, peace, safety, morals, and general welfare of the people of the City of Okeechobee, Florida. Specifically, the City Council finds and determines, based upon the foregoing, as follows: (A) Sexually oriented activities, including the sale of adult entertainment material and nude, semi -nude or topless dancing gives rise to prostitution, pandering, solicitation for prostitution, lewd behavior, exposing minors to harmful materials, possession, distribution, and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons or property; (B) When the sexual activities described in Subsection (A) are actively marketed in commercial 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 above, and ultimately force residents and businesses to move to other locations; (C) The activities described in Subsection (A) above often occur in establishments concurrent with the sale or consumption of alcoholic beverages, which concurrence leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely effecting the quality of life, commerce, and community environment; (D) In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses and industries of the City, it is necessary and advisable for the City to regulate the sale or consumption of alcoholic beverages at adult entertainment establishments; (E) In order to preserve and safeguard the health, safety, property values, 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, workers, entertainers, performers, and customers at adult entertainment establishments; (F) The potential dangers to the health, safety, property values, and general welfare of the people of the City posed by allowing adult entertainment establishments to operate without first meeting the requirements for obtaining a permit under this Code are so great as to require the permitting of such establishments prior to their being authorized to operate; (G) Requiring operators of adult entertainment establishments to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, expediting the investigation of the transmission of certain communicable and social diseases, and by making it difficult for minors to work in such establishments; (H) Prohibiting adult entertainment establishments from operating within certain distances of educational institutions, religious institutions, residences, libraries, areas zoned or designated for residential use, parks, and other protected areas at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments; Page 2 of 23 (I) Straddle dancing, unregulated private performances, or physical contact or touching within adult entertainment establishments poses a threat to the health of both customers and employees and promotes the spread of communicable and social diseases. Straddle dancing is deemed primarily conduct rather than communication or expression; (J) Adult entertainment establishments involve activities which are pure conduct engaged in for the purpose of making a profit, wherein speech or expressive activity is non existent or incidental thereto, and are therefore subject to and require increased regulation to protect the health, welfare, and safety of the community; (K) Physical contact or touching within adult entertainment establishments between workers and/or customers, wherein specified anatomical areas are exhibited, poses a threat to the health of both and promotes the spread of communicable and social diseases. Section 11 -55. Definitions. The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning. (A) Adult Arcade shall mean any 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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." (B) Adult Book Store, Adult Novelty Store, or Adult Video Store means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any "adult material (1) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of "adult material" and still be considered as an adult book store, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being so categorized as long as one of the principal business purposes remains the offering for sale or rental for consideration the specified materials which consists of "adult material (2) The term "principal business purpose" shall include any such commercial establishment which: (1) (a) Derives 25% of its gross revenues from the sale, rental, or distribution of; (b) Has 25% of his stock in trade, as measured by wholesale value, in; or (c) Devotes 25% or more of its interior business area to; the inventory and /or materials described in Section 11 -55(G) herein. (C) Adult Booth shall mean a small enclosed or partitioned area inside an adult entertainment establishment which is: Designed or used for the viewing of adult material or performances, by one (1) or more persons; and (2) Is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom. (D) Adult Cabaret shall mean a night club, bar, or bottle club as defined in Chapter 561, Florida Statutes (Beverage Law), restaurant, or other commercial business or establishment, whether or not alcoholic beverages are served, which regularly features: (1) Persons who appear in a state of nudity or semi nudity; (2) Live performances, appearances or exhibitions which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or (3) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Page 3 of 23 (E) Adult Encounter Center shall mean an adult entertainment establishment or similar commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (J) (1) Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi nudity. (F) Adult Entertainment Establishment shall mean any business specifically defined herein or any business, operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this Code, whose principal purpose involves "specified sexual activity" and /or "adult material," as defined herein. Specifically exempted from this Code are "legitimate art" theaters, galleries, and museums. (G) Adult Material shall mean any one or more of the following regardless of whether it is new or used, including but not limited to: (1) Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, visual representations, tape recordings, or other audio or visual matter, which have as their primary or dominate 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, excluding bona -fide birth control devices. (H) Adult Motel shall mean any motel, hotel, boarding house, rooming house or other place of temporary lodging which: (1) Includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, video tapes, 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;" or (2) Offers a sleeping room in exchange for any consideration for a period of time that is less than twelve (12) hours; or (3) (1) (3) Allows a tenant or occupant of a sleeping room to sublet for a period of time that is less than twelve (12) hours. (I) Adult Performance Establishment shall mean an establishment where any worker: Engages in a private performance, acts as a private model, or displays or exposes any specified anatomical areas to a customer, regardless of whether the worker engages in dancing or any particular demonstrative activity; (2) Displays to a customer any covering, tape, pasty, or other device which simulates or otherwise gives the appearance of the display or exposure of any "specified anatomical areas," regardless of whether the worker actually engages in performing or dancing; Offers, solicits, or contracts to dance or perform for or with a customer and accepts any consideration, tip, or compensation from or on behalf of that customer; or (4) Dances or performs for, within three (3) feet of a customer, and accepts any consideration, tip, or compensation from or on behalf of that customer. Adult Theater shall mean any establishment where adult materials may be viewed or any establishment which has an auditorium, room, or an open air area which features films, motion pictures, video cassettes, slides, or other photograph reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas." (K) Alcoholic Beverage shall mean any beverage containing more than 1% of alcohol by weight, as determined in accordance with F.S. 561.01(4)(b). Page 4 of 23 (L) Child Care Center shall mean any establishment that provides, on a regular basis, supervision and care for more than three (3) children unrelated to the operator for a period of Tess than twenty -four (24) hours a day and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for a profit, except that the following are not included: Public schools and non public schools which are in compliance with the compulsory school attendance law (Chapter 232, Florida Statutes); summer camps having children in full -time residence; summer day camps; Bible schools normally conducted during vacation periods; and any child care center which is owned and operated by and located on the grounds of, or adjacent to, a religious institution. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries. (M) (Q) Commercial Physical Contact shall mean: (1) To manipulate, wash, scrub, stroke, or touch for commercial pecuniary gain another person's body tissue directly or indirectly or through a media using any object, instrument, substance or device. (2) Exception: It is an affirmative defense to an alleged violation of this Code regarding engaging in commercial physical contact or operating a commercial physical contact parlor if the alleged violator, business, or establishment can establish membership in one of the following classes of persons or businesses in the activity alleged to be commercial physical contact as part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this Code: (a) Persons permitted as a massage therapist or apprentice massage therapist pursuant to Florida Statutes, Chapter 480; (b) Persons permitted under the laws of Florida to practice medicine, surgery, dentistry, podiatry, or persons permitted as a physician's assistant or holding a drugless practitioner's certificate; (c) Registered nurses under the laws of Florida; (d) Barbers or beauticians permitted under the laws of Florida; (e) Cosmetologists permitted under the laws of Florida; (f) Tatoo artists permitted under Chapter 877.04, Florida Statutes; (g) Persons performing services in any hospital, nursing home or sanitarium permitted under the laws of Florida; (h) Instructors, coaches, or athletic trainers employed by or on behalf of any bona fide professional, Olympic, or sanctioned amateur athletic team, governmental entity or any bona fide state, county, or private educational institution; (i) Physical therapists permitted under the laws of Florida. (N) Commercial Physical Contact Parlor shall mean a business, establishment or place operated for commercial or pecuniary gain, or where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised or promoted as a place where commercial physical contact occurs such as a "body scrub salon," or "relaxation salon." (0) City means the City of Okeechobee. (P) Department means, the City Finance Department. Where not capitalized or in quotes, the term may mean as appropriate, City of Okeechobee General Services Department, Code Enforcement, Building and Zoning Division of General Services, City Police Department, City Administrator, and City Clerk, including their respective administrators, designee(s), employees, officers, or agents. Educational Institution shall mean 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 Commission of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, day care center, kindergarten, elementary school, junior high school, senior high school, or other special institutions of learning. Such special institutions shall include, but are not limited to, art, dance, music, gymnastics, martial arts, theater, or skating. However, the term "educational institution" does not include a premises or site upon which there is a vocational institution of higher education, including a community college, junior college, four year college, or university. (R) Employee or Worker shall mean a person who works, performs, or provides services in and /or for an adult entertainment establishment, regardless of whether or not the person is paid a salary, wage, or Page 5 of 23 other compensation by the operator of the establishment. A person may be considered an employee or worker under this definition even if the person is an independent contractor, provided that the person has a substantial or consistent relationship with the business of, or entertainment/services provided by, the adult entertainment establishment. (S) Escort shall mean any person who, for commercial or pecuniary gain, compensation or gratuities agrees to, offers to go, or goes to any place, including a business, hotel, motel, residence, or conveyance to do any of the following acts: (1) Act as a companion or date for, or converse with, a customer; (2) Engage in physical contact with another person; (3) Provide private adult entertainment; (4) Engage in private modeling or private lingerie modeling; (5) Display specified anatomical areas; or (6) Engage in any specified sexual activity. (Nothing in this chapter shall be construed to legalize prostitution or other conduct prohibited by this Code or other law.) (T) Escort Business, Service, or Agency shall mean any such person, business establishment, or place operated for commercial or pecuniary gain which does any of the following: (1) Offers or advertises that it can furnish escorts, private dancers, or private models; (2) Offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer. (3) Exception: It is an affirmative defense that a business is not an escort service if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches for two (2) persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation for the meeting. (U) Government Facility shall mean any municipal facility which is frequented, as a matter of regular business, by the public. It shall not include municipal facilities whose function is solely mechanical. (V) Half -Way House means any group home facility, whether public or private, which serves as a temporary residential living accommodation for persons who would otherwise be institutionalized. (W) Inspector shall mean an employee or officer of the City of Okeechobee Building Development Code Compliance and Planning Divisions, Police Department, Health Department, Finance Department, or Fire Department who inspects premises licensed under this Code and takes or requires the actions authorized by this Code in case of violations being found on permitted premises, and who also inspects premises seeking to be permitted under this Code and takes or requires corrections of unsatisfactory conditions found on the premises. (X) Nudity or State of Nudity shall mean to display or expose at an adult entertainment establishment less than completely and opaquely covered: (1) Human genitals or pubic regions; (2) The cleavage of the human buttocks; or (3) The areola or the nipple of a human female breast. (Y) Operated for Commercial or Pecuniary Gain shall mean any attempt to generate income and shall not depend upon actual profit or loss. An establishment which has a permit issued under this chapter shall be presumed to be "operated for commercial or pecuniary gain." (Z) Operator shall mean any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establishment, including but not limited to the lessee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist, or attendant. Page 6 of 23 (AA) Park shall mean a tract of land within the City which is kept for ornament and/or recreation, whether or not maintained. (BB) Partial Nudity shall mean the showing of the human male or female buttocks or any portion thereof with less than a full opaque covering; the showing of the female breasts with less than a full opaque covering of any portion thereof; or the depiction of covered male genitals in a turgid state. (CC) Permittee shall mean any person whose application for an adult entertainment establishment permit under this chapter has been granted and who owns, operates, or controls the establishment. (DD) Permitted Premises shall mean any premises that requires a permit and that is classified as an adult entertainment establishment under this Code. (EE) Person means any individual, proprietorship, partnership, corporation, association, or other legal entity. (FF) Private Model shall mean any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modeling, or display of "specified anatomical areas" to the view of a customer. (GG) Private Performance shall mean modeling, posing, or the display or exposure of any "specified anatomical area" by a worker of an adult entertainment establishment to a customer, while the customer is in an area not accessible during such display to all other persons in the establishment, or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area. (HH) Prohibited Signs shall mean any sign that provides any visual representation or words that has as its primary or dominant theme matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas," as well as any other signs that are prohibited by Article XI (Sign Code) of City of Okeechobee, Florida. (II) Public Recreation Area shall mean public land which has been designated for recreational activities, including, but not limited to, community centers, nature trails, boating, picnicking, lake shore, Hoover dike area, parks, playgrounds, ball fields, basketball or tennis courts, pedestrian /bicycle paths, open space, wilderness areas, or similar public land. (JJ) Religious Institution shall mean a premises or site, including educational buildings, used primarily or exclusively by a tax exempt, non profit, recognized and legally established sect for the purpose of worship and related religious activities. (KK) Specified Anatomical Areas shall mean: (1) Less than completely and opaquely covered: (a) Human genitals or pubic regions; (b) Any part of the human buttocks; or (c) That portion of the human female breast encompassed within an area 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 conventional wearing apparel, provided the areola is not so exposed; (2) Human male genitals in an erect or turgid state, even if completely and opaquely covered; (3) Any simulation of the foregoing. (LL) Specified Criminal Act shall mean: (1) A criminal violation of this Code; (2) A felony; (3) An offense under Chapter 794, Florida Statutes (Sexual Battery); (4) An offense under Chapter 796, Florida Statutes (Prostitution); Page 7 of 23 (5) An offense under Chapter 800, Florida Statutes (Lewdness; Indecent Exposure); (6) An offense under Chapter 826, Florida Statutes (Bigamy; Incest); (7) An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity); (8) An offense under Chapter 831, Florida Statutes (Forgery; Counterfeiting); (9) An offense under Chapter 837, Florida Statutes (Perjury); (10) An offense under Chapter 843, Florida Statutes (Obstructing Justice); (11) An offense under Chapter 849, Florida Statutes (Gambling); (12) An offense under Chapter 893, Florida Statutes (Drug Abuse Prevention and Control); (13) An offense under Chapter 895, Florida Statutes (Racketeering; Illegal Debts); (14) An offense under Chapter 896, Florida Statutes (Offenses Related to Financial Transactions); (15) An offense under Florida Statute Chapters 775.0823 and 784 (Offenses Against Law Enforcement); (16) An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or City. (MM) Specified Sexual Activity shall mean: (1) Human genitals in a state of sexual stimulation, arousal, erection; or (2) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast(s); or (3) Sexual acts by either sex actual or simulated, including but not limited to: sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, pedophilia, lap or straddle dancing, any sexual act prohibited by law, masochism, sadism, or the touching, caressing or foundling of the breasts, buttocks anus, genitals or the simulation thereof. (NN) Straddle Dance also known as a "Lap Dance," "Face Dance," or "Friction Dance" shall mean either of the following acts at an adult entertainment establishment: (1) The use by a worker of any part of his or her body to touch the genital or pubic area of another person, or the touching of the genital or pubic area of any worker to another person. It shall be a straddle dance regardless of whether the "touch" or "touching" occurs while the worker 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 indirect; or (2) The straddling of the legs of any worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching. (00) Transfer of Ownership or Control of an Adult Entertainment Business means and includes any of the following: (1) The sale, lease, or sublease of a business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Section 11 -56. Enforcement. The provisions of this Code may be enforced by: Page 8 of 23 (A) A suit brought by the City in any court of proper jurisdiction to restrain, enjoin, or prevent a violation of this Code; (B) Enforcement proceedings by the City of Okeechobee Code Enforcement Board or City Council; (C) Revocation or suspension of permit; (0) Criminal prosecution as provided by the Florida Statutes; or (E) Any and all other remedies allowed by law. Section 11-57. Appeals. (A) Authorized. An aggrieved party has the right to immediately appeal denial of a permit application or revocation or suspension of a permit to the Circuit Court in the Nineteenth Judicial Circuit of the State of Florida. An appeal to the Circuit Court must be filed within thirty (30) days of the mailing of the written notice of denial, revocation, or suspension by the City Administrator, or the Administrator's designee. (B) Immunity from prosecution. The City or any department shall be 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 Code. Section 11-58. Notice. Any notice required under this Code shall be accomplished by sending a written notification by certified mail, return receipt requested, to the mailing address set forth on the application for the permit, which shall be considered the correct address for service unless the Department has been otherwise notified in writing, or by personal service or delivery to the applicant or permittee. The permittee shall have the burden of proof of any current address change to the Department. Section 11 -59. Consent To Enter Upon Premises. The owner of any adult entertainment establishment permitted pursuant to this Chapter shall be deemed to have consented to entry onto the premises by any Inspector of the City when such Inspector is acting within the scope of the Inspector's authority. [SECTIONS 11-60 thru 11 -69 RESERVED] Section 11-70. Permit Required: Classifications. (A) Requirement. No adult entertainment establishment shall be allowed to operate without having been first granted an Adult Entertainment Permit by the Department under this Chapter. It shall be unlawful and a person commits a misdemeanor if he operates or causes to be operated an adult entertainment establishment without such permit. (B) Classifications. Adult entertainment establishment permits referred to in this Chapter shall be classified as follows: (a) Adult Book Store, Adult Video Store, or Adult Novelty Store; (b) Adult Performance Establishment; (c) Adult Theater; (d) Escort Business, Escort Service, or Escort Agency; (e) Adult Arcade; (f) Adult Cabaret; (g) Adult Motel; (h) Adult Encounter Center. Section 11 -71. Application for Permit, Application Fee, Consent by Applicant. (A) Required. Any person desiring to operate an adult entertainment establishment shall file with the Department a sworn permit application on standard application forms supplied by the Department. (B) Contents of Application. The completed application shall contain the following information and shall be accompanied by the following documents: Page 9 of 23 (1) If the applicant is: (a) An individual, the individual shall state such individual's legal name and any alias and submit satisfactory proof that such individual is at least eighteen (18) years of age; (b) A partnership, the partnership shall state its complete name, the names and residential addresses and residential telephone numbers of all partners, whether general or limited, the names and addresses of all individuals under the age of eighteen (18), the residential address of at least one person authorized to accept service of process, and provide a copy of any existing partnership agreement; or (c) A corporation, the corporation shall state its name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacities of all officers, directors, and principal share holders, the name and address of the registered corporate agent for service of process, the name, residential address and residential telephone number of the person making the application for the corporation, and provide a copy of its articles of incorporation; All business names and telephone numbers to be used by the establishment. If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration under FIa.Stat. §865.09; Whether the applicant or any of the other individuals listed pursuant to Subsection (a) has, within the five (5) year period immediately preceding the date of the application, been convicted of a felony of any state or of the United States or any specified criminal act, and, if so, the specific crime involved, the date of conviction and the place of conviction; (4) Whether the applicant or any of the other individuals listed pursuant to Subsection (a) has had a previous permit under this Code suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to Subsection (a) has been a partner in a partnership or an officer, director, or principal stockholder of a corporation whose permit under this Code has previously been suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation; (5) Whether the applicant or any other individuals listed pursuant to Subsection (a) holds any other permits under this Code, and if so, the names and locations of such other permitted establishments; (6) The classification(s) of permit for which the applicant is filing; (7) The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the record title owner of the site, and a notarized statement of consent to the specific proposed adult entertainment use of the property from the owner of the property; (8) The applicant's mailing address, business address, residential address, and all business and residential telephone numbers; (9) A site and premises plan drawn to appropriate scale of the proposed establishment, including, but not limited to: (a) All property lines, rights -of -way, and the location of buildings, parking areas and spaces, curb cuts, and driveways; (b) All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar stands; and (c) All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase of floor size; The sketch or diagram need not be professionally prepared but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. The sketch or diagram shall designate any portion of the premises in which patrons will not be permitted. (10) A recent photograph of the applicant (if an individual); and Page 10 of 23 (11) The applicant's social security number or employer's tax identification number and either the applicant's driver's license number or the number of a state or federally issued identification card. (C) Application Fee. Each application shall be accompanied by a non refundable fee of Five Hundred Dollars ($500.00). Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing applications. All application fees shall be subject to modification by resolution of the City Council. (D) False, Incorrect, or Incomplete Application. If the Department determines or learns that the applicant has falsely or incorrectly completed an application or has not properly completed the application for a proposed establishment, the Department shall notify the applicant of such fact and the applicant will be allowed twenty (20) days to correctly complete the application. The revised or corrected application shall then be forwarded to the appropriate departments for further review. (The time period for granting or denying a permit under this Code shall be stayed during the period in which the applicant is allowed the opportunity to properly complete the application.) Upon receipt of a completed application, the time period for granting or denying a permit is extended by the additional time needed by the applicant to submit a revised application, such addition not to exceed twenty (20) days, wherein a complete application, including fees, will be tendered for approval. (E) Consent. By applying for a permit under this Code, the applicant shall be deemed to have consented to the provisions of this Code and to the exercise of the responsibilities under this chapter by the departments, employees, inspectors, or law enforcement officers of the City. Section 11 -72. Processing of Application; Investigation; Findings. (A) Processing. Upon receipt of a complete application properly filed with the Department and upon payment of the non refundable application fee, the Department shall immediately stamp the application with the date it was received and shall immediately thereafter send photocopies of the application and all attachments to the Fire Department, Police Department, Code Enforcement and the Building and Zoning Division of the General Services Department. (B) Investigation. Each department shall promptly conduct an investigation of the applicant, application, and the proposed establishment, within such department's respective area of responsibility, to determine whether sufficient information was given on the application and whether the proposed establishment will be in violation of any provision of this chapter or of any building, fire, health, or zoning provision, code, ordinance, regulation, or court order. (C) Findings. After investigation, each department shall prepare a report and forward its findings to the Department and shall state whether the department finds that false, incomplete, or incorrect information was given on the application and whether the proposed establishment will be in violation of any provision of this chapter or any applicable building, fire, health, or zoning provision. Section 11 -73. Grant; Denial; Rejection. (A) Time Period For Granting Or Denying Permit. Except as time may be extended by Section 21(d), the Department shall grant or deny an application for a permit under this Article II within forty -five (45) days from the date of its properly completed filing. Upon the expiration of the designated period and payment of the appropriate annual fees, the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless the Department notifies the applicant of a denial of the application and states the reasons for that denial. Granting of a permit under this section shall not substitute for obtaining the appropriate occupational license(s), a certificate of occupancy or completion where otherwise required, nor shall it substitute for any other requirement imposed by any other Code of the City. (B) Granting Of Application For Permit. If none of the departments have made a finding that would require that the application be denied, the Department shall grant the application, notify the applicant within seven (7) days of the granting, and issue the permit to the applicant upon payment of the appropriate annual permit fee required in this chapter. (C) Denying Of Application For Permit. (1) The Department shall review the findings reported by the departments and deny the application for any of the following reasons: Page 11 of 23 (a) The application contains materially false information or is incomplete or does not comply with Section 21 herein; (b) The applicant has failed to comply with Florida Statute Chapter 607 regarding corporations, Chapter 620 regarding partnerships, or Chapter 895.09 regarding fictitious names; (c) The granting of the application would violate a statute or ordinance, deed restriction, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment permit; (d) The applicant or any other individual listed pursuant to Section 21(b)(1) has had a permit under this Chapter suspended or revoked by the Department. (2) If the application is denied, the Department shall, within seven (7) days, notify the applicant of the denial and the reasons for the denial. (D) Rejection of Application. If a person applies for a permit at a particular location within a period of nine (9) months from the date of denial of a previous application for a permit at the location, and there have been no intervening changes in the circumstances which would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected. (E) Stay of Rejection. In the event there is a timely appeal of a rejection of the application then the rejection shall be tolled during the pendency of such appeal until such time as the appeal is withdrawn, dismissed, or denied. Section 11-74. Permits; Terms; Renewals; Expiration; Cancellation; Reports; Consent. (A) Contents. An adult entertainment permit shall state the name of the permittee, the name of the establishment, the street address of the establishment, the classification of the permit, the date of issuance, and the date of expiration. (B) Terms. All permits issued under this chapter shall be annual permits issued for a term of one (1) year from date of issuance. (C) Renewal. Permits shall be renewed annually. A permittee shall be entitled to a renewal of the annual permit by presenting the valid permit for the previous year, updating all information and procedures required under Section 11 -71, except that a site plan pursuant to Section 1 -71(9) need not be included unless alterations or modifications have been made since the last renewal, and by paying the appropriate annual permit fee. (D) Expiration and Cancellation. A permit which is not renewed under this Code by or before its expiration date shall expire automatically and be canceled summarily by the Department. (E) Reports and Records. Each permittee shall keep such records and make such reports as may be required by the Department and other departments, so as to implement this Chapter and to carry out its purpose. Whenever the information required by or provided on the application under Section 11- 71(B) has changed, it shall be the duty of the permittee to promptly report, in writing, to the Department the changed information. (F) Consent. By holding a permit, the permittee shall be deemed to have consented to the provisions herein and to the exercise of responsibilities under this Code by the various City departments. Section 11 -75. Annual Permit Fees. (A) Levy of Permit Fees. There are hereby levied the following annual permit fees under this Code for an adult entertainment classification; which are also contained in Chapter 10 of the Code of Ordinances: (1) An Adult Bookstore only, $750.00. (2) An Adult Novelty Store only, $750.00. (3) An Adult Arcade only, $750.00. (4) An Adult Performance Establishment only, $750.00. (5) An Adult Theater only, $750.00. (6) An Escort Business, Escort Service, or Escort Agency only, $750.00. Page 12 of 23 (7) An Adult Cabaret only, $750.00. (8) An Adult Motel only, $750.00. (9) An Adult Performance Establishment only, $750.00. (10) An Adult Encounter Center only, $750.00. The annual permit fees collected under this Chapter are declared to be regulatory fees which are collected for the purpose of examination, inspection, and the administration of adult entertainment establishments under this Code. These fees are in addition to and not in lieu of the occupational license fee which may be imposed by other ordinances. All permit fees herein shall be subject to modification by resolution of the City Council. Section 11-76. Transfer of Permits. (A) Requirements. An adult entertainment permit is not transferrable to another person or entity by surrendering possession, control, or operation of the permitted establishment. An adult entertainment permit may be transferred to another person or entity only upon satisfaction of the following requirements: (1) A transferred permit is applied for to the Department by filing an application setting forth the information called for under Section 11 -71 of this Chapter, the application is processed, investigated, reviewed by the departments pursuant to Section 11-72; and (2) Satisfactory proof is provided that control of the establishment has been or will be transferred through a bona fide sale, lease, rental or other transaction; and (3) A transfer fee of Three Hundred Dollars ($300.00) is paid. (B) Effect of Suspension or Revocation Procedures. No permit may be transferred pursuant to Subsection (a) when the Department has notified the permittee of a pending suspension or revocation proceeding against the permit. (C) No Transfer To Different Location. The permittee shall not transfer such permit to another location. (D) Attempted Improper Transfer Void. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void. Section 11-77. Changing Name of Establishment. No permittee may change the name of an existing adult entertainment establishment except 1) upon thirty (30) days written notice to the Department of the proposed name change, 2) payment of a name change fee of Fifty Dollars ($50.00), and 3) compliance with Florida Statute Section 865.09, as amended. Section 11 -78. Suspension and Revocation of Permits. (A) Suspension For Illegal Transfer. In the event the Department has sufficient cause to know that a permittee has engaged in a permit transfer contrary to Section 11 -76, the Department shall immediately notify the permittee of the violation and suspension of the permit. The suspension shall remain in effect until documents which satisfy the requirements of Section 11-76 are filed with the Department and a transferred permit has been issued. (B) Suspension For Violation of Building, Fire, Health or Zoning Provision, Code, Ordinance, or Regulation. In the event a permittee is found to be in violation of a building, fire, health, zoning provision, code, ordinance, or regulation, whether federal, state or local, and the permittee fails to cure the violation within such time as is specified by the Code Enforcement Board or court, the Department shall promptly notify the permittee that the permit is suspended. Such suspension to remain in effect until the Department determines that the violation has been corrected. (C) Suspension For Illegal Conduct At Establishment. (1) Two Convictions. In the event two (2) or more violations of specified criminal acts occur either by a permittee, employee, or customer, at an adult entertainment establishment within a two (2) year period, and convictions result from at least two (2) of the violations, the Department Page 13 of 23 shall, upon receiving evidence of the two (2) convictions, notify the permittee of an immediate suspension of the permit for a period of thirty (30) days. (2) Additional Conviction Following Suspension. In the event one (1) additional violation of any specified criminal act occurs either by a permittee, employee, or customer, at the same adult entertainment establishment within a period of two (2) years from the date of the last violation from which the conviction resulted for which the permit was suspended for thirty (30) days under Subsection (c)(1), but not including any time during which the permit was suspended for thirty (30) days, and a conviction results from the violation, the Department shall, upon receiving evidence of the additional conviction after previous suspension, notify the permittee of immediate suspension of the permit for a period of ninety (90) days. (D) Repeat Convictions Following Two Suspensions. In the event one (1) or more additional violations of any specified criminal act occurs at an adult entertainment establishment which has had a permit suspended for a period of ninety (90) days pursuant to Section 11- 78(C)(2) and the violation occurs within a period of two (2) years from the date of the last violation from which the conviction resulted for which the permit was suspended for ninety (90) days, but not including any time during which the permit was suspended for ninety (90) days, the Department shall, upon receiving evidence of a conviction for the subsequent violation after two (2) suspensions, forthwith notify the permittee of the immediate revocation of the permit. (E) Revocation For False Information. In the event the Department receives evidence that a permit was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, the Department shall forthwith notify the permittee of the pending revocation of the permit. (F) Transfer or Renewal. The transfer or renewal of a permit pursuant to this Chapter shall not defeat the terms of Subsection (c),(d), or (e). Section 11-79. Suspension and Revocation Proceedings. (A) Challenge to Suspension or Revocation. When the Department notifies a permittee of the suspension or revocation of a permit, the suspension or revocation shall become final and effective twenty (20) days after mailing to the permittee's address of record, or fifteen (15) days after personal delivery of the notice to the permittee or his agent, unless prior to the expiration of such period the permittee files with the Department a written response stating the reasons why the suspension or revocation is alleged to be an error or inappropriate and files a written notice of intent to challenge the suspension or revocation with request for a hearing. (B) Hearing on Suspension or Revocation. When a permittee files a written response and notice of intent to challenge a suspension or revocation, then within forty -five (45) days, a public hearing to determine if the suspension or revocation will become final shall be held before the City Council of the City of Okeechobee. The permittee shall be given no less than ten (10) days notice of such hearing. (C) Suspension for Delinquent Payments. A permit shall be automatically suspended during such time as permittee is delinquent for non payment of any regular City fees, City, or county taxes, or annual adult entertainment permit fees. (D) Effective Date of Suspension or Revocation. The suspension or revocation of a permit shall take effect after the period has elapsed which was available to file a notice of challenge with the Department according to Subsection (a). (E) Effect of Final Revocation. If a permit is revoked, the permittee of the adult entertainment establishment shall not be allowed to obtain another adult entertainment permit for a period of five (5) years, and no adult entertainment permit shall be issued to any other entity for the location upon which the adult entertainment establishment was situated for a period of one (1) year. Section 11-80. Permitted Locations. (A) Zoning. Notwithstanding any other provision of this Code, adult entertainment establishments subject to this chapter may not be permitted in any area of the City except as permitted within the Industrial District with a Special Exception and within the provisions and conditions of this Code. (B) Distance Minimums. In addition to the foregoing, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances: (1) One Thousand (1,000) feet of a permitted, pre- existing adult entertainment establishment; Page 14 of 23 (2) (3) (4) (5) (6) (7) One Thousand (1000) feet of a pre- existing commercial establishment that in any manner sells or dispenses alcoholic beverages for on- premises or off premises consumption; One Thousand (1,000) feet of a pre- existing religious institution; One Thousand (1,000) feet of a pre- existing educational institution, or library; Five Hundred (500) feet of an area zoned for residential uses; One Thousand (1000) feet of a park whether improved or not. Two Hundred (200) feet of a pre- existing government facility, and any half -way house. Section 11 -81. Measurement Of Distance. The distance from a proposed or existing adult entertainment establishment to a restricted use shall be measured by drawing a straight line between the closest property line of the proposed or existing adult entertainment establishment and the property line of the restricted use. In the case of a multi -use building located upon a single tract of land, the distance shall be measured by drawing a straight line between the outermost exterior wall of the unit within the multi -use building intended for use as an adult entertainment establishment and the outermost wall of the unit of the restricted use. Section 11-82. Non Conforming Uses. (A) An adult entertainment establishment in existence at the time this Chapter became effective and located in violation of this Chapter, may continue to operate for a period of one (1) year from the date this Chapter became effective and shall cease operation immediately upon the expiration of such period, unless it is granted an adult entertainment establishment permit in accordance with the provisions of this Chapter. (B) When a non conforming use of an adult entertainment establishment has been discontinued for sixty (60) consecutive days or more, the non conforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site prior to its non conforming use. [SECTIONS 11-83 through 11-89 RESERVED] Section 11-90. Nudity, Sexual Conduct Prohibited. (A) No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage, or any portion of the foregoing "specified anatomical areas," or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on the premises. (B) No person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any person to expose to public view the anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or simulation thereof, within any establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on the premises. (C) No person maintaining, owning, or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any female person to, nor shall any female person at such establishment, expose to public view any portion of her breasts encompassed within an area which falls below the horizontal line one would have to draw to intersect a point immediately above the top of the areola or any portion of the areola, or any simulation thereof, within such establishment. This definition shall include the entire lower portion of the human female breasts, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, providing the areola is not so exposed. (D) No person shall engage in and no person maintaining, owning or operating an establishment at which alcoholic beverages, beer, or wine are offered for sale or consumption on the premises shall suffer or permit any "specified sexual activity" or the simulation thereof within such establishment. [SECTIONS 11 -91 through 11 -99 RESERVED] Page 15 of 23 Section 11 -100. General Requirements For All Adult Entertainment Establishments. Each adult entertainment establishment is subject to all of the following general requirements and shall: (A) Conform to all applicable building, fire, health, zoning and land use statutes, codes, ordinances, and regulations, whether federal, state or local; (B) On the first Monday of each month provide the City Police Department with a report of all persons who are workers, or who were workers at the establishment or for the adult entertainment business during the previous month, which report shall contain the actual legal name, any aliases, the date of birth, residential address, social security number, position and stage name, if any, for each worker or employee; (C) Post the adult entertainment permit in a conspicuous place at or near the entry at the establishment, which will make it available for inspection at all times; (D) Cover opaquely each window or other opening through which a person outside the establishment may otherwise see inside the establishment; (E) Install, construct, keep, maintain, or allow only those signs at the establishment which comply with the City of Okeechobee Land Development Regulations and the provisions of the following: (1) No sign shall contain any flashing lights, photographs, silhouettes, drawings or representations except for the logo of the establishment, provided that the logo does not depict any "specified anatomical areas," or any portion of a male or female form at or below the clavicle; (2) No sign shall contain, in the name or logo of the establishment or otherwise, any words or materials which depict, describe, reference, or infer in any manner, sexual activities, "specified anatomical areas," or the display of "specified anatomical areas." (G) Each entrance and exit shall remain unlocked when any customer is inside. Section 11 -101. Adult Theaters. In addition to the general requirements for an adult entertainment establishment set forth in Section 100, an adult theater shall comply with each of the following requirements: (A) If an adult theater contains a hall or auditorium, the area shall have: (1) Individual separate seats, not couches, benches or the like, to accommodate the number of persons allowed to occupy the area; (2) A sign posted in a conspicuous place at or near each entrance 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; (3) A continuous main aisle along each side of the seating areas in order that each person seated in the areas shall be visible from the aisles at all times; (4) Sufficient illumination so that persons in all areas of the auditorium can be seen. (B) If an adult theater contains adult booths, each adult booth shall have: (1) Individual, separate seats, not couches, benches or the like, which correlate with the maximum number of persons who may occupy the booths; (2) A sign posted in a conspicuous place at or near the entrance which states the maximum number of persons allowed to occupy the booth, which number shall correlate with the number of seats in the booth; (3) A permanently opened entrance not Tess than four (4) feet wide and not less than six (6) feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; (4) A well illuminated continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; Page 16 of 23 (5) Except for the entrance, walls or partitions shall be of solid construction without any holes or openings in any such wall or partition; and (6) Illumination by a light bulb of no less then twenty -five (25) watts. It shall be the duty of the permittee or his agents or employees present on the premises to insure that the illumination is maintained at all times when a customer is present. (C) If an adult theater is permitted and is designed to permit outdoor viewing by customers seated in automobiles, shall have a motion picture screen situated, or the perimeter of the establishment fenced, so that the material to be seen by customers may not be seen by other persons from any public right of -way, residential, or other protected use. Section 11 -102. Adult Performance Establishment. In addition to the general requirements for an adult entertainment establishment contained in Section 11 -100, an adult performance establishment shall comply with each of the following special requirements: (A) Have a stage provided for the use by any worker or individual who is displaying or exposing any "specified anatomical area" to a customer, consisting of a permanent 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; (B) Any area in which a private performance occurs shall: (1) Have a permanently opened entrance not less then six (6) feet wide and not Tess then six (6) feet high, which entrance shall not have any curtain rods, hinges, rails or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; (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 worker or other individual from the customer viewing the private performance. Section 11-103. Adult Bookstore. In addition to the general requirements for an adult entertainment establishment set forth in Section 11-100, an adult bookstore shall not display merchandise or adult material in a manner which allows such merchandise or adult material to be visible from outside of the structure at the establishment. Section 11-104. Adult Encounter Center or Escort Establishment. In addition to the general requirements for an adult entertainment establishment contained in Section 11 -100, an adult encounter center or escort establishment shall comply with the following special requirements: (A) Post in an open and conspicuous place and file with the Department a list of services offered or provided by the adult entertainment establishment, described in readily understandable language with specifications of the cost of such services. Actual services and prices offered or provided shall be limited to those listed; (B) Provide each customer, in advance, with a separate written customer contract setting forth and specifying services to be rendered, the cost of such services, the actual full legal name of the worker or employee to provide the services, and the name, address, and telephone number of the customer to which the services are rendered. Actual services and prices offered or provided shall be limited to those specified; (C) Maintain a daily register recording all transactions on a form provided by the Department, containing records of all customers with names, addresses, photo identification, time expended, services purchased, mode of payment and the name of all workers or employees who provided services together with a copy of each customer contract; (D) Not increase the incentive or temptation for workers to engage in prostitution or lewdness by allowing any worker or employee of the adult entertainment establishment to accept any tips or gratuities received from a customer, in addition to the service fees amount specified in the customer contract. Section 11 -105. Escort Services. Page 17 of 23 In addition to the general requirements for an adult entertainment establishment contained in Section 11 -100 and the general requirements for an escort service establishment contained in Section 11-104 above, an escort service shall comply with the following special requirements: (A) If offering or providing escorts within the City, an escort service must notify the Department of an authorized physical commercial location, which may or may not be within the City from where the escort service operates and dispatches escorts; (B) Include in all advertising or promotional literature posted, placed, published, or distributed within the City the number of a valid adult entertainment establishment permit issued by the Department; (C) Insure that every escort or worker of an escort service can produce, upon the request of any law enforcement officer, an adult entertainment permit to engage in the occupation of escort within the City. Exception: an escort or worker of an escort service who is a paid employee for whom taxes and social security payments are withheld and paid by the escort service and who is not an independent contractor, may substitute and carry a copy of the adult entertainment escort service permit of the employing escort service. Section 11 -106. Records and Inspection of Records. (A) An adult entertainment establishment shall maintain a worker record for each worker who currently works or performs at the establishment and for each former worker who worked or performed at the establishment during the preceding one (1) year period: (1) The worker record shall contain the current or former worker's full legal name, including any alias, date of birth, residential address, residential telephone number, social security number, position, stage name, if applicable, driver's license number or state or federally issued identification card number, and a recent photograph of the worker; (2) The worker record shall also describe the status of each worker, whether each worker is a paid employee for whom income taxes are withheld or is a lessee, sublessee, independent contractor, or subcontractor who is allowed to work or perform at the establishment; (3) The worker record shall also contain a copy of a valid City occupational license for any lessee, sublessee, independent contract, or subcontractor who is not an employee and is allowed to work or perform at the establishment under a valid adult entertainment business permit. (B) The original, or true and exact photocopy of each required worker record, customer contract, and daily registry as required by this chapter shall be kept available for inspection at the establishment at all times. (C) Each operator of the establishment shall be responsible for knowing the location of the original, or true and exact photocopies, of each of the required worker records, customer contracts, and daily registry records. (D) Each operator of the establishment shall, upon the request by a law enforcement officer when the establishment is open for business, immediately make available for inspection the original, or a true and exact photocopies of each of the required worker record, customer contract, and daily registry records. [SECTIONS 11 -107 through 11-109 RESERVED] Section 11 -110. Penalty. Whoever violates any section of this Article VI (Criminal Provisions) may be punished as provided in Fla. Stat. §162.21 or Section 1 -13 of the Code of Ordinances of the City of Okeechobee, Florida. Section 11 -111. Operation Without Valid Adult Entertainment Permit. It shall be unlawful for any person to be an operator of an adult entertainment establishment when: (A) The establishment does not have a valid adult entertainment permit for each applicable classification; (B) The permit of the establishment is under suspension; (C) The permit of the establishment has been revoked or canceled; or Page 18 of 23 (D) The establishment has a permit which has expired. Section 11 -112. Working at Unlicenced Establishment. It shall be unlawful for any person to act as a worker or employee of an adult entertainment establishment that the worker or employee knows or should know, does not have a valid permit under this Code or which has a permit which is suspended, revoked, canceled, expired, or which does not have each applicable adult entertainment permit conspicuously displayed. Section 11-113. Operation Contrary To Certain Provisions. It shall be unlawful for any person to be an operator of an adult entertainment establishment: (A) Which does not satisfy all of the general requirements set forth in Section 11 -100; (B) Which is an adult theater and does not satisfy all of the special requirements of Section 11 -101; (C) Which is an adult performance establishment and does not satisfy all of the special requirements of Section 11-102; (D) Which is an adult bookstore and which does not satisfy all of the special requirements of Section 11- 103; (E) Which is an adult encounter center or escort establishment which does not satisfy all of the special requirements of Section 11-104; (F) Which is an escort service and does not satisfy all of the special requirements of Section 11 -105. Section 11 -114. Prohibited Acts. It shall be unlawful for a worker or employee of an adult entertainment establishment to commit any of the following acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer or allow any worker to commit any of the following acts: (A) Offer, contract, or otherwise agree to engage in or engage in a straddle dance with any person at the establishment; (B) Engage in any "specified sexual activity" at the establishment; (C) Engage in nudity as defined in Section 11 -55 of this Code at the establishment; (D) Display or expose at the establishment "specified anatomical areas" while such worker is not continuously positioned at least four (4) feet away from all other persons or while such worker or employee is not in an area described in Section 11- 102(A); (E) Display or expose "specified anatomical areas" at an establishment where alcoholic beverages are sold, offered for sale, or consumed; (F) Display or expose any "specified anatomical areas" while simulating any "specified sexual activity" with any other person at the establishment; (G) Engage in a private performance unless such worker or employee is in an area which complies with the requirements of Section 11- 102(B)(1) and (2); (H) Intentionally touch any person at the adult entertainment establishment, while engaged in the display or exposure of any "specified anatomical area;" or (1) Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breast of any female person. (J) Exception notwithstanding any provision indicating to the contrary, it shall not be unlawful for any worker, employee, or operator of an adult entertainment establishment to expose any specified anatomical area during the worker's, employee's or operator's bona fide use of a restroom, or bona fide use of a dressing room which is used and occupied only by other workers, employees, or operators. Page 19 of 23 Section 11-115. Touching of Workers or Employees Prohibited. (A) It shall be unlawful for any person in an adult entertainment establishment to intentionally touch a worker or employee who is displaying or exposing any "specified anatomical area" at the adult entertainment establishment. 0 (B) It shall be unlawful for any person in an adult entertainment establishment to intentionally touch the clothed or unclothed breast of a female worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee. (C) The entertainment establishment shall prominently display a sign for the benefit of patrons notifying them of the prohibitions set forth in Subsections (a) and (b). Section 11 -116. Advertising Prohibited Activity. It shall be unlawful for an operator of an adult entertainment establishment to advertise, encourage, or promote any activity prohibited by this Chapter or any applicable state statute or ordinance. Section 11-117. Minors Prohibited. It shall be unlawful for a worker, employee, or operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, or allow a person under eighteen (18) years of age to: (A) Enter or remain in the establishment; (B) Purchase goods or services at the establishment; or (C) Work or perform at the establishment as a worker or employee. Section 11-118. Failure to Maintain Required Records and Permits. (A) It shall be unlawful to be an operator of an adult entertainment establishment at which the permit required by Section 11-70 of this Code and each record required by Section 11 -100 of this Code, including every worker record, customer contract, and daily registry, have not been compiled, or not maintained, or are not made available for inspection by a law enforcement officer or inspector, upon request, when the establishment is open for business. (B) It shall be unlawful to be a worker or employee of an adult entertainment establishment who fails to obtain, carry, and display upon demand of a law enforcement officer, while working in the adult entertainment occupation, an occupational permit for the adult entertainment occupation in which the worker is engaged. (C) Exception: It is an affirmative defense and Subsection (b) does not apply to a worker of an adult entertainment establishment who is a paid employee for whom taxes and social security payments are withheld and paid to the Federal Government by the adult entertainment establishment, and who is not an independent contractor; except such an employee who is an escort working away from the establishment premises shall be required to obtain, carry, and display to law enforcement officers, upon demand, a copy of the adult entertainment permit of the employing escort service. Section 11 -119. Exceeding Occupancy Limit Of Adult Booth. It shall be unlawful for any person to occupy an adult booth in excess of that number specified on the posted sign required by Section 51. Section 11 -120. Hours of Operation. It shall be unlawful between the hours of 2 :00 a.m. and 9:00 a.m. of any day for: (A) An operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow, suffer, or permit any worker or employee to engage in a performance, solicited performance, make a sale, solicit a sale, provide a service, or solicit a service; (B) A worker or 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. Section 11 -121. Alteration of Permit. Page 20 of 23 It shall be unlawful for any person, except the Department, to alter or otherwise change the contents or appearance of an adult entertainment establishment permit. Section 11-122. False or Misleading Statement in Required Documents. (A) It shall be unlawful for any person applying for an adult entertainment establishment permit pursuant to Article II to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of the permit on the application required by Section 11-71. (B) It shall also be unlawful for any person to provide false or misleading information in the monthly reports as required by Section 11 -100 or in the worker record as required in Section 11 -106, or the customer contract and daily registry records required by Section 11 -104. Section 11-123. Solicitation or Personal Advertising. It shall be unlawful for any employee of an adult entertainment establishment, while situated outside any structure of the adult entertainment establishment or while the employee is visible from any public right -of -way or sidewalk, to display or expose "specified anatomical areas" or to engage in personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the employee, any other employee, or the adult entertainment establishment. "Personal Advertising" is defined in this subsection as encouraging or enticing, by whatever direct or indirect means, potential customers beyond the adult entertainment establishment to enter the adult entertainment establishment. Additionally, it shall be unlawful for an operator or any worker or employee to suffer, permit, or allow any door that is visible from a public right -of -way or sidewalk to be opened or to be remained opened except when a person is entering or exiting the establishment. Section 11 -124. Allowing Customers to Engage in Specified Sexual Activity. It shall be unlawful for a worker of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, entice, or allow a customer to engage in any "specified sexual activity," alone or with any other individual, at the establishment and in the presence of the worker or employee. Section 11-125. Prohibited Acts by Customers at Adult Entertainment Establishment. It shall be unlawful for any customer of an adult entertainment establishment to do any of the following acts or for a worker or operator of an adult entertainment establishment to knowingly suffer, permit, aid, assist, or allow a customer to do any of the following acts: (A) Touch, massage, or manipulate directly or indirectly, the body of any worker or employee of the adult entertainment establishment, or other customers; (B) Touch, massage, or manipulate, display or expose any of the customer's own "specified anatomical areas;" or (C) Engage in any "specified sexual activity" while in the presence of a worker or employee of the adult entertainment establishment. Section 11-126. Prohibited Acts by Escort Service Workers. It shall be unlawful for a worker of an escort service to commit any of the following acts or for an operator of an escort service to knowingly or with reason to know, permit, suffer, aid, assist, or allow any employee or escort service worker to commit any of the following acts: (A) Enter a hotel, motel, or other transient place of lodging for the purpose of meeting or serving a customer without first meeting with the front desk or reception area personnel and doing each of the following: (1) Provide the time of arrival and the estimated time of departure; (2) Present a copy of the escort services adult entertainment permit and the escort's occupational permit; (3) Identify himself or herself, identify the escort service that sent him or her, state the name of the customer he or she is meeting or serving, and the location of the meeting, including any applicable room number, and notify the front desk or the reception area personnel upon departing the premises; Page 21 of 23 (B) Distribute, place, post, or leave any unsolicited business cards, advertisement, or promotional material on or within the premises of any other business; (C) Begin a meeting or service with a customer between 10:00 p.m. any day of the week and 9:00 a.m. of the following day; (D) Begin a meeting or service with a customer without first meeting the customer in a public place before ATTEST: accompanying the customer to any place which is not opened and occupied by the public; (E) Display or expose "specified anatomical areas" to a customer of an escort service; (F) Require, entice, or solicit a customer to remove any item of clothing; (G) Solicit a tip or gratuity from a customer in exchange for a promise or suggestion of any act or enhanced service. Section 11-127. Construction. This Code shall be liberally construed to accomplish its purpose of permitting, regulating, and dispersing adult entertainment material and/or related activities. Unless otherwise indicated, all provisions of this Code shall apply equally to all persons, regardless of sex. Words used in the singular number shall include the plural number, unless the context suggests otherwise. Masculine pronouns shall be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Section 11-128. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief. If any person fails or refuses to obey or comply with or violates any of the provisions of this Code, such person upon conviction of such offense, shall be punished as provided by law. Each violation or non compliance shall be considered a separate and distinct offense. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any administrative proceeding or any court of competent jurisdiction as is necessary to prevent or remedy any violation or non compliance. Such other lawful actions shall include, but not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth herein to the full extent allowed by law. Section 11-129. The provisions of Ordinance No. 720 are rescinded in its entirety. Section 11 -130. Severability. Ilf any portion of this Code, or any application thereof is declared to be void, unconstitutional, or invalid for any reason, such portion or provision, or the application thereof, shall be severable from this Code. The remaining portions and provisions of this Code, and all applications thereof, shall remain in full force and effect. SECTION TWO. Effective Date. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. INTRODUCED AND SET FOR FINAL PUBLIC HEARING this 7th day of Mara, 2000. BONNIE S. THOMAS, CMC, CITY CLERK Page 22 of 23 JAMES It KIRK, MAYOR ATTEST: PASSED ON SECOND READING this 21st day of March 2000. BONNIE S. THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL FFICIENCY: JOHN R. COOK, CITY ATTORNEI�' Page 23 of 23 JAMES E/KIRK, MAYOR