City of Saint Petersburg Florida
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Jack & Jill Adult Superstore
3627 Tyrone Blvd. N.
Saint Petersburg, FL 33710
Law of Saint Petersburg Florida
The intent of the City Council in adopting the adult use regulation ordinance is to establish reasonable and uniform regulations that will protect the health, peace, safety, and general welfare of the people of the City within the constitutional limitations on the City's ability to regulate adult use businesses. The provisions of this section, acting alone, or together with other applicable ordinances of the City, have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to adult materials or expression protected by the First Amendment or to deny access by distributors and exhibitors of adult uses to their intended market.
(Code 1992, § 16.50.030.1)
Pinellas County Florida Adult Store note even tho one is listed and the following after "Love Toys" is the Law to have such Market in Pinellas County Florida does not mean the writer of such Article a interest in either except to Hustler, Penthouse, Playboy and Purenudism as within Pasco and Pinellas Counties of Florida in Federal Comidty.
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Pinellas County guidance of The First Amendment of The Bill of Right of The United States of America involve Adult Stores
Cross reference— Female nudity in alcoholic beverage establishments, § 6-2; amusements and entertainments, ch. 10; businesses, ch. 26; commercial exploitation of nudity, § 26-176 et seq.; offenses involving public morals, § 86-101 et seq.
DIVISION 1. - GENERALLY
Sec. 42-51. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade means a place to which the public is permitted or invited wherein coin-operated, slug-operated or token-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, as defined in this section.
Adult bookstore means an establishment which advertises, sells or rents adult material or offers for sale or rent adult material, unless at the establishment:
(1)
Admission to the establishment 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 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, rental or display comprise less than 25 percent 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, V.H.S. format videotapes, BETA format videotapes, slides, or other visual representations, including, but not limited to, compact discs, CD-Roms, laser discs, and digital video discs, or recordings, or other audio matter or less than 25 percent of the individual used items publicly displayed at the establishment as stock in trade in the same categories set out above.
Any establishment which has food, beverages, tobacco products or other grocery products as more than 75 percent of its sales shall not be considered an adult bookstore.
Adult booth means 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 restroom.
Adult material means any one or more of the following, regardless of whether it is new or used:
(1)
Books, magazines, periodicals or other printed matter, 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 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.
Adult photographic or modeling studiomeans and 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 means 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 section for observation by patrons therein. An establishment which has adult booths or an adult arcade is considered to be an "adult theater."
Adult use means any business entity which knowingly, or with reason to know, permits, suffers, or allows private performances as defined under this section. "Adult use" also shall be defined to include the terms adult arcade, adult bookstore, adult booth, adult theater, special cabarets, physical culture establishments, and adult photographic or modeling studios as defined in this section, 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 section.
Applicant means any business entity or person that has applied for an adult use permit or license.
Business entity means 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 means a notice issued by the department of development review services indicating to an applicant that the location proposed for an adult use complies or does not comply with the locational requirements of this article.
Child care facility means any children's center, day nursery, nursery school, kindergarten, or family day care home as defined in Laws of Fla. ch. 61-2681 (compiled in ch. 26, art. II of this Code).
Church means 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.
Conviction means a determination of guilt resulting from plea or trial.
Department means the departments or divisions of county government, including health, development review services, or consumer protection, including the respective director, employees, officers and agents thereof.
Employee means a person who works or performs or provides services in connection with an adult use establishment, irrespective of whether such person is paid a salary or wage, or is an independent contractor, provided 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, stockpersons, tellers, and operators.
Establishment means 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; or
(5)
The continuation of an existing adult use business, regardless of whether it is in compliance with the requirements of this article.
For purposes of determining the date of commencement of business under division 5 of this article, 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 section 42-62 of this article.
Information material to the decisionmeans information which, if provided, would result in a denial of a license pursuant to subsection 42-79(c)(1).
Law enforcement officer means 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 means any person whose application for an adult entertainment establishment has been granted and who owns, possesses, operates and controls the establishment.
Material false information means information provided by the applicant which, if false, would result in denial of a license pursuant to subsection 42-79(c)(1).
Misrepresentation, mistake of fact or law relevant to the decision means information which, if not misrepresented or mistaken, would result in a denial of a license pursuant to subsection 42-79(c)(1).
Mixed use zoning district means any parcel located in the incorporated or unincorporated areas of the county, the municipal or county zoning designation of which allows residential use alone or in any combination with commercial or industrial uses.
Nates means the prominence formed by the muscles running from the back of the hip to the back of the leg.
Operator means any person or business entity who engages in or performs any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to, the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, performer, 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 means and includes any natural person other than an employee, operator, licensee, or governmental officer while performing duties pursuant to this article or other law.
Physical culture establishment means any business establishment which offers or advertises massage, body rubs or physical contact with specified anatomical areas, whether or not licensed. Business establishments which routinely provide medical services by state licensed medical practitioners, and electrolysis treatment by licensed operators of electrolysis equipment shall be excluded from the definition of adult physical culture establishments.
Private performance means 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 means 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 zoned property means any parcel located in the incorporated or unincorporated areas of the county, the municipal or county zoning designation of which allows residential use.
School means and 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 cabarets means any bar, dancehall, 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 areas means:
(1)
Less than completely covered or opaquely covered:
a.
Human genitals or pubic regions; or
b.
Cleavage of the nates of the human buttocks; or
c.
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 the areola is not so exposed.
(2)
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(3)
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 (1) and (2) of this definition.
Specified criminal act means:
(1)
A violation or violations of this article, as amended, sufficient to warrant suspension or revocation of an adult use license under section 42-85(b) and (c);
(2)
An offense under F.S. ch. 794 (sexual battery);
(3)
An offense under F.S. ch. 796 (prostitution);
(4)
An offense under F.S. ch. 800 (lewdness; indecent exposure);
(5)
An offense under F.S. ch. 826 (bigamy; incest);
(6)
An offense under F.S. ch. 847 (obscene literature; profanity); or
(7)
An offense under a statute of a state other than Florida analogous to the offenses listed in subsections (2)—(6) of this definition, or under an analogous ordinance of another county or city which would be sufficient to warrant suspension or revocation of an adult use license under section 42-85(b) and (c).
Specified sexual activity means:
(1)
Human genitals in a state of sexual stimulation, arousal or tumescence;
(2)
Acts of analingus, bestiality, buggery, cunnilingus, copraphagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
(Ord. No. 90-65, § 1.7, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91; Ord. No. 92-6, art. I, 2-18-92; Ord. No. 93-89, art. 2, 10-19-93; Ord. No. 97-74, § 1, 9-9-97; Ord. No. 01-79, § 1, 11-13-01)
Cross reference— Definitions generally, § 1-2.
Sec. 42-52. - Penalty for violation of article.
Except as otherwise provided by law or ordinance, a person convicted of a violation of this article shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense, except that only a civil penalty shall be imposed for violation of sections 42-138 and 42-139.
(Ord. No. 01-79, § 2, 11-13-01; Ord. No. 06-62, § 2, 8-1-06)
Sec. 42-53. - Construction of article.
The comprehensive adult use regulation ordinance shall be liberally construed to accomplish its purpose of licensing and regulating adult uses and related activities. Unless otherwise indicated, all provisions of this article shall apply equally to all persons, regardless of sex. Masculine pronouns, such as "he," "his" and "him," as employed in this article, shall also be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Words used in the singular number shall include the plural number, unless the context suggests otherwise.
(Ord. No. 90-65, § 1.4, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91; Ord. No. 94-40, art. II, 4-19-94)
Sec. 42-54. - Authority.
The comprehensive adult use regulation ordinance is enacted pursuant to F.S. ch. 125 and under the Home Rule Power of Pinellas County, Florida, in the interest of the health, peace, safety, and general welfare of the people of the county.
(Ord. No. 90-65, § 1.2, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91)
State Law reference— General powers of chartered counties, Fla. Const. art. VIII, § 1(g).
Sec. 42-55. - Territory embraced.
All territory within the legal boundaries of unincorporated Pinellas County, Florida, shall be embraced by the provisions of this article.
(Ord. No. 90-65, § 1.3, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91)
Charter reference— Conflicts between county and municipal ordinances, §§2.01, 2.04.
Sec. 42-56. - Purpose and intent.
The intent of the board of county commissioners in adopting the comprehensive adult use regulation ordinance is to establish reasonable and uniform regulations that will protect the health, safety and general welfare of the people of Pinellas County, Florida. The provisions of this article, acting alone or together with other applicable county ordinances, have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult material. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to adult materials or expression protected by the First Amendment, or to deny access by distributors and exhibitors of adult uses to their intended market.
(Ord. No. 90-65, § 1.5, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91)
Sec. 42-57. - Legislative findings.
(a)
With respect to zoning issues:
(1)
The board of county commissioners has considered the following reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community:
a.
Northend Cinema Inc. v. Seattle, 90 Wash. 2d 709, 585 P.2d 1153 (1978).
b.
Report On Zoning and Other Methods of Regulating Adult Entertainment in Amarillo (Texas), dated September 12, 1977.
c.
Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
d.
Findings of the city planning commission for the City of New York, dated January 26, 1977.
e.
Detroit's Approach to Regulating the Adult Uses, presented to the American Institute of Planners, Annual Conference, October 10, 1977.
f.
Report to the city planning commission and city council from the planning department of the City of Beaumont, Texas, dated September 14, 1982.
g.
Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances 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.
h.
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.
i.
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.
j.
Adult Entertainment Businesses in Indianapolis. An analysis prepared by the department of metropolitan development, dated February, 1984.
k.
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.
l.
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 Ordinance No. 87-45 was adopted.
m.
Summary and presentation of Pinellas County sheriff's officers' report detailing the criminal activities associated with adult uses in Pinellas County.
n.
Past reports from Hillsborough County re criminal nature of secondary effects.
o.
Transcript from the June 16, 1987, public hearing during which Ordinance No. 87-45 was adopted.
p.
Copies of Hillsborough County Sheriff's Office reports dealing with several adult businesses in the county.
(2)
The board of county commissioners has considered a report by the county sheriff's office which documents in detail the criminal activities which are associated with adult uses in the county.
(3)
The county planning department has conducted a study to determine the amount of available land area within the unincorporated county for adult uses after the adoption of this article. This study has found that given the dense population of Pinellas County, distance requirements greater than 400 feet between adult and certain other land uses would not provide a sufficient area in which adult uses could be located and constitutional strictures to be met.
The board of county commissioners, therefore, finds that the 400-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.
(4)
The board of county commissioners has determined that a one-year amortization period for nonconforming adult uses is reasonable in that the premises affected by this article are readily adaptable to conforming uses.
(5)
The board of county commissioners 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 is necessary to ensure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
(6)
The board of county commissioners has determined that adult uses should be dispersed rather than concentrated and finds that a minimum distance of 400 feet between adult uses serves an important function in preventing the concentration of adult uses.
(7)
The board of county commissioners has determined that this article is necessary to prevent crime, protect the county's retail trade, maintain property values, and protect and preserve the quality of the county's neighborhoods, commercial districts, and the quality of urban life.
(8)
The board of county commissioners has received a recommendation from the local planning agency, pursuant to F.S. ch. 163.
(b)
With respect to other regulatory issues at the time of the adoption of Ordinance No. 91-8 (September 29, 1991):
(1)
Adult uses in the county lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. There is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(2)
Sexual acts are a regular occurrence at the adult use establishments, especially in private or semiprivate booths or cubicles for viewing films or live sex shows.
(3)
Such establishments exist within Pinellas County, Florida:
a.
Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;
b.
Where dancers, entertainers, performers or other individuals, for commercial gain, perform or are presented while displaying or exposing a specified anatomical area.
(4)
Employees of adult use establishments engage in a higher incidence of certain types of criminal behavior than employees of other establishments.
(5)
Employees of adult use establishments engage in a higher incidence of certain types of sexual behavior than employees of other establishments, including offering to perform sexual acts.
(6)
Sexual acts are a regular occurrence at adult use establishments, especially those which provide private or semiprivate booths or cubicles for viewing films or videos, defined under this article as adult theaters.
(7)
Offering and providing such space, areas and rooms where such activities take place creates conditions that generate prostitution and other crimes as well as unhealthy conditions.
(8)
Persons frequent certain adult theaters for the purpose of providing sex within the premises of such adult theaters.
(9)
At least 50 communicable diseases may be spread by activities occurring in adult use establishments, including, but not limited to, syphilis, gonorrhea, human immune deficiency virus infection (AIDS), genital herpes, hepatitis B, Non A, Non B, amebiasis, salmonella infections and shigella infections.
(10)
Since 1981 and to the present, there have been an increasing cumulative number of reported cases of acquired immunodeficiency syndrome (AIDS) caused by the human immunodeficiency virus (HIV) in the United States: 843 in 1982, 3,064 in 1983, 7,699 in 1984, 15,948 in 1985, 29,003 in 1986, 49,743 in 1987, 82,406 in 1988, 117,781 in 1989, and 157,525 through November, 1990; and in Florida: 110 cases in 1982, 345 in 1983, 778 in 1984, 1,628 in 1985, 2,980 in 1986, 5,228 in 1987, 8,111 in 1988, 11,466 in 1989, and 13,927 through November, 1990.
(11)
Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by HIV in Pinellas County: Six in 1982, eight in 1983, 16 in 1984, 51 in 1985, 116 in 1986, 212 in 1987, 350 in 1988, 496 in 1989, and 638 through November, 1990.
(12)
As of November 30, 1990, there have been 638 reported cases of AIDS in Pinellas County, with 376 deaths being reported, and of such 638 cases, 588 were males and 50 were females.
(13)
The number of cases of primary and secondary syphilis in the United States reported annually has risen with 33,613 cases reported in 1982, 32,698 in 1983, 28,607 in 1984, 27,131 in 1985, 27,883 in 1986, 35,147 in 1987, 40,117 in 1988, 44,540 in 1989, and 45,200 through November, 1990; and in Florida, with 4,149 cases reported in 1982, 4,179 in 1983, 3,876 in 1984, 3,679 in 1985, 4,344 in 1986, 7,440 in 1987, 8,378 in 1988, 7,092 in 1989, and 4,909 through November, 1990.
(14)
The number of cases of primary and secondary syphilis in Pinellas County reported annually has risen with 22 cases reported in 1982, 165 in 1983, 176 in 1984, 117 in 1985, 130 in 1986, 270 in 1987, 396 in 1988, 465 in 1989, and 334 through November, 1990.
(15)
The number of cases of gonorrhea in the United States reported annually remains at a high level with 960,633 civilian cases reported in 1982, 900,435 in 1983, 878,556 in 1984, 911,419 in 1985, 900,868 in 1986, 780,905 in 1987, 719,536 in 1988, 733,151 in 1989 and 611,932 through November, 1990; and in Florida, with 62,702 total cases reported in 1982, 53,370 in 1983, 51,212 in 1984, 57,647 in 1985, 67,443 in 1986, 62,944 in 1987, 60,714 in 1988, 51,236 in 1989, and 40,457 through November, 1990.
(16)
The number of cases of gonorrhea reported annually in Pinellas County remains at a high level with 3,999 total cases reported in 1982, 3,518 in 1983, 3,545 in 1984, 3,604 in 1985, 4,128 in 1986, 4,122 in 1987, 3,993 in 1988, 3,060 in 1989, and 2,333 through November, 1990.
(17)
Of the 2,333 cases of gonorrhea reported in Pinellas County in January through November, 1990, 187 were resistant to penicillin, this number presenting a 34.5 percent increase over the 139 cases reported in the same period in 1989.
(18)
The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
(19)
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(20)
According to the best scientific evidence, numerous other diseases and infestations, including chlamydia, pelvic inflammatory disease, chancroid, herpes, hepatitis B, lymphogranuloma venereum, granuloma inguinale, genital warts, trichomoniasis, scabies, pediculosis, amebiasis, giardiasis, and others are transmitted by sexual acts.
(21)
Sanitary conditions in some adult theaters are unhealthy, in part because of the unregulated nature of the activities, because of the failure of owners and operators of the facilities to self-regulate those activities, and in part because of the substandard facilities and maintenance of those facilities.
(22)
The United States Centers for Disease Control have issued universal precautions, including housekeeping and disinfection guidelines, for the prevention of transmission of the HIV virus and other diseases, which guidelines should be followed by adult-oriented establishments.
(23)
Sexually transmitted disease clinic
patients interviewed by disease intervention specialists of the county health department have admitted sexual contacts with patrons and employees at various adult use establishments.
(24)
Upon inspection by staff members of the county sheriff's office and members of the county health department, semen has been found in the areas of adult use establishments where persons view adult-oriented films or witness sexually explicit live entertainment.
(25)
Mingling and sexual contact between patrons and employees is generally initiated by the exchange of money and may reasonably be expected to serve as an opportunity to solicit for and an inducement to agree to unprotected sexual activity, including prostitution, and thus poses a threat to the health of both groups and promotes the spread of communicable as well as social diseases.
(26)
Unprotected sexual intercourse, especially prostitution, is a major contributing factor to the increase of sexually transmitted diseases and AIDS. Based on interviews of STD clinic patients, who report sexual contacts with patrons and employees at various adult use establishments, it is reasonable to conclude that the entertainment provided in such establishments is conducive to the arrangement of such liaisons to be later consummated off-premises.
(27)
When the previously described activities characteristic of adult use establishments are present within the county, other activities which are illegal 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.
(28)
Adult use establishments are usually constructed, partly or wholly, of substandard material, and are usually maintained in a manner reflecting disregard for the health and safety of the occupants.
(c)
The concerns raised in the foregoing legislative findings in this section relate to substantial and legitimate governmental interests.
(d)
Adult use establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(e)
A reasonable and simple licensure procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners, operators and managers of the adult use establishments. Further, such a licensing procedure will place a heretofore nonexistent incentive on the owner/operator to see that the adult use establishment is run in a manner that is consistent with the health, safety and welfare of its patrons and employees as well as the citizens of the county. It is appropriate to require reasonable assurances that the licensee is the actual owner/operator of the adult use establishment, fully in possession and control of the premises and the activities occurring therein.
(f)
Adult use establishments are a pervasively regulated industry, making reasonable inspections and administrative searches necessary to enforce regulatory standards.
(g)
Removal of doors on adult booths and requiring sufficient lighting in adult theaters advances the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring at adult theaters.
(h)
The prevention of sexual contact between patrons and employees at adult use establishments is unrelated to the suppression of free expression but serves to address the concerns raised in the findings contained in this section. Although the dancer's erotic message may be slightly less effective from three feet away, the ability to engage in the protected expression is not significantly impaired.
(i)
Separating dancers from patrons and prohibiting dancers and patrons from engaging in sexual fondling and caressing in adult cabarets would reduce the opportunity for prostitution transactions and thus should deter prostitution.
(j)
Requiring that the facilities of adult theaters be constructed of materials that are easily cleanable, that the facilities be cleaned on a regular basis, and that the employees cleaning the facilities take reasonable precautions to avoid contact with possible disease transmitting media is reasonably related to the protection of both employees and patrons from sexually transmitted diseases.
(k)
Requiring licensees of adult use establishments to keep information regarding current employees and certain 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.
(l)
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the adult use "Including Restroom also know as Head, John and Bathroom is Lady's Room"; establishment is beneficial where such information is substantially related to the significant governmental interest in the operation of such uses in such manner as to prevent the spread of sexually transmitted diseases and to reduce or eliminate the criminal activity associated with adult use establishments.
(m)
It is desirable in the prevention of the spread of communicable diseases and in the investigation of criminal activity to obtain a limited amount of information regarding certain employees who either engage in the conduct which this article is designed to prevent or are likely to be witnesses to such activity.
(n)
A substantial rational relationship between sexually oriented businesses and sexually related crimes establishes a compelling justification for barring those persons prone to such crimes from the management of such businesses.
(o)
The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to a rational inference that the applicant is more likely to engage in conduct in contravention of this article.
(p)
The barring of a person from participating in an adult use business may cease when circumstances indicate to the county that offenders are no longer criminally inclined.
(q)
The barring of such individuals from management of adult uses for a period of years serves as a deterrent to and prevents the conduct which leads to the transmission of sexually transmitted diseases and to the promotion of that criminal activity associated with adult uses.
(r)
Because the weight of evidence shows that while adult bookstores which only sell or rent adult material and have no adult booth/theater component have similar secondary effects as other adult uses, such bookstores do not promote the transmission of sexual diseases, an exemption of such limited adult establishments from the licensure requirements, but not the locational requirements of this article is appropriate.
(s)
Because grocery stores, convenience stores and other similar establishments which may carry some magazines or books containing some adult materials do not have similar secondary effects as other adult uses, they should be exempt from regulations under this section.
(t)
The board of county commissioners has determined that a one-year amortization for presently nonconforming adult use or uses which become nonconforming in the future is reasonable in that the premises affected by this article are readily adoptable to conforming uses.
(Ord. No. 90-65, § 1.6, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91; Ord. No. 93-89, art. 1, 10-19-93; Ord. No. 97-74, §§ 2, 3, 9-9-97)
Sec. 42-58. - Regulation of obscenity subject to state law.
It is not the intent of the board of county commissioners to legislate with respect to matters of obscenity. These matters are regulated by state law, including F.S. ch. 847.
(Ord. No. 90-65, § 1.8, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91)
Sec. 42-59. - Regulation of massage establishments subject to state law.
It is not the intent of the board of county commissioners 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 F.S. ch. 480.
(Ord. No. 90-65, § 1.9, 7-24-90; Ord. No. 91-8, art. 2, 1-29-91)
Sec. 42-60. - Enforcement of article.
(a)
In the event the sheriff learns or finds upon sufficient cause that a licensed adult use establishment is operating contrary to the respective general requirements of section 42-106, or the applicable special requirements of sections 42-107(1)a., b., c., d., h., (2), (3), (4) and (5) and section 42-108, he shall notify the licensee of the violation and shall allow the licensee a 30-day period in which to correct the violation. Subsequent inspections for violations of the foregoing provisions shall not require any notice prior to citation as the licensee and its employees are deemed to have been placed on notice of the requirements of this article by the first notice and cure period. The frequency of citation for these violations, however, shall be no more frequent than every 15 days.
(b)
The filing of an application to the board of adjustment for a variance from subsections 42-107(1)d, e and/or f preclude citation for those provisions until the expiration of such time as the board of adjustment, in its conditions for any variance, provide for correction of the violation, consistent with the variance. If the licensee fails to so correct the violation before the expiration of the time period provided for by the board of adjustment, the sheriff may issue citations in the same manner as subsequent inspections under subsection (a).
(c)
Whoever violates any section of division 6 of this article may be prosecuted and punished as provided by F.S. § 125.69 (2000), except that a penalty of imprisonment shall not be imposed for violations of sections 42-138 and 42-139. Nothing in this requirement shall be interpreted to bind sheriff's deputies to the requirements of code inspectors under F.S. § 125.69 (2000).
(d)
In addition to the penalties provided for violation of county ordinances insection 1-8, adult bookstores, adult theaters, special cabarets, physical culture establishments or adult photographic or modeling studios not in conformity with the requirements of this article shall be subject to the appropriate civil action, including injunctive relief, in the court of appropriate jurisdiction for their abatement. Except as provided in subsections (a) and (b) of this section, each day that any violation is committed shall constitute a separate offense.
(e)
It is the responsibility of the licensee, owner, employee or operator of an adult use business establishment to ensure compliance with this article, notwithstanding the issuance of an occupational license, building permit, zoning clearance for an alcohol license or any other governmental permit.
(Ord. No. 90-65, § 6.15, 7-24-90; Ord. No. 91-8, art. 7, 1-29-91; Ord. No. 92-6, art. XI, 2-18-92; Ord. No. 93-89, art. 19, 10-19-93; Ord. No. 94-40, art. X, 4-19-94; Ord. No. 97-74, § 4, 9-9-97; Ord. No. 01-79, § 3, 11-13-01)
Sec. 42-61. - Responsibilities of board of commissioners, department of justice and consumer services, departments, and sheriff.
(a)
Ultimate responsibility for the administration and enforcement of this article is vested in the board of county commissioners.
(b)
The department of justice and consumer services is responsible for granting, denying, revoking, renewing, suspending, and canceling adult use licenses for proposed or existing adult use establishments and for ascertaining whether a suspected adult use establishment is licensed. The office of the sheriff is responsible for all enforcement actions brought under division 6 of this article. The health department and the department of justice and consumer services may assist the office of the sheriff in its investigative responsibilities.
(c)
The sheriff is responsible for verifying information contained on an application pursuant to section 42-77(b) for inspecting any proposed, licensed or nonlicensed establishment in order to ascertain whether it is in compliance with applicable local ordinances and criminal statutes, including the provisions set forth in division 6 of this article.
(d)
The health department is responsible for any licensed establishment in order to review and approve its sanitation procedure required under section 42-107(4).
(e)
The planning department is responsible for ascertaining whether an existing adult use or a proposed establishment for which a license is being applied for complies with all locational requirements of county ordinances, pursuant to section 42-106(4), and if it complies, issuing an approval in the form of a valid adult use permit pursuant to division 5 of this article.
(f)
Any law enforcement officer or employee of the departments referenced in subsections (b), (c) and (d) of this section who is authorized by the head of that department shall, at any reasonable hour, have access to and shall have the right to inspect the premises of all licensees under this article for compliance with any or all of the applicable codes, statutes, ordinances, and regulations in effect in the county and within the responsibilities of their respective department as outlined in subsections (b), (c) and (d) of this section. Such officer or employee shall require strict compliance with the provisions of this article. Reports of violations shall be reported to the department of justice and consumer services.
(Ord. No. 90-65, § 2.1, 7-24-90; Ord. No. 91-8, art. 3, 1-29-91; Ord. No. 93-89, arts. 3, 4, 10-19-93; Ord. No. 94-40, art. II, 4-19-94; Ord. No. 97-74, § 5, 9-9-97)
Sec. 42-62. - Review of decisions by department of justice and consumer services, board of county commissioners or its departments.
Any decision of the department of justice and consumer services, the board of county commissioners or its departments made pursuant to this article may be immediately reviewed as a matter of right by petition for writ of common law certiorari to the Circuit Court for Pinellas County upon the filing of an appropriate pleading by an aggrieved party.
(Ord. No. 90-65, § 7.1, 7-24-90; Ord. No. 91-8, art. 8, 1-29-91; Ord. No. 93-89, art. 20, 10-19-93; Ord. No. 97-74, § 6, 9-9-97)
Sec. 42-63. - Service of notice.
Any notice required under this article shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license or a permit. This mailing address shall be considered the correct mailing address unless the department of justice and consumer services has been notified otherwise in writing.
(Ord. No. 90-65, § 7.2, 7-24-90; Ord. No. 91-8, art. 8, 1-29-91; Ord. No. 97-74, § 7, 9-9-97)
Sec. 42-64. - Immunity from prosecution.
The county, the sheriff, or any department shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult use establishment while acting within the scope of its authority under this article.
(Ord. No. 90-65, § 7.3, 7-24-90; Ord. No. 91-8, art. 8, 1-29-91; Ord. No. 93-89, art. 21, 10-19-93)
Secs. 42-65—42-75. - Reserved.
DIVISION 2. - LICENSE
Sec. 42-76. - Required; classification.
(a)
Requirement. No adult use establishment except an adult bookstore operating only as an adult bookstore shall be permitted to operate without having first been granted an adult use license by the department of justice and consumer services under this article.
(b)
Classifications. Any adult use shall be classified as an adult bookstore, adult theater, adult photographic or modeling studio, physical culture establishment, or special cabaret, or any combination of these uses, based on the information in the application subject to subsequent inspection for verification.
(Ord. No. 90-65, § 2.2, 7-24-90; Ord. No. 91-8, art. 3, 1-29-91; Ord. No. 92-6, art. II, 2-18-92; Ord. No. 97-74, § 8, 9-9-97)
Sec. 42-77. - Application required; contents; fee; rejection of incomplete application; consent by applicant.
(a)
Required. Any person desiring to operate an adult use establishment shall file with the department of justice and consumer services a sworn license application on a standard application form supplied by the department of justice and consumer services.
(b)
Contents of application. The completed application required by this section shall contain the following information and shall be accompanied by the following documents:
(1)
If the applicant is:
a.
An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he is at least 18 years of age;
b.
A partnership, the partnership shall state its complete name, the names of all partners having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the adult use, and whether the partnership is general or limited;
c.
A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors, and stockholders having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the adult use and, if applicable, the name of the registered corporate agent and the legal street address of the registered office for service of process.
(2)
If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and a certified copy of the applicant's registration with the division of corporations of the department of state under F.S. § 865.09 (1990).
(3)
Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction, and the place of conviction, and whether there exist any charges of a specified criminal act pending at the time of the application and, if so, the specified criminal act involved and the name and location of the court in which the charges are pending.
(4)
Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section has had a previous license or permit, under this article or any other ordinance regulating adult uses, suspended or revoked, or by court order required to cease operation, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection (b)(1) of this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this article or any other ordinance regulating adult uses has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation.
(5)
Whether the applicant or any other individuals listed pursuant to subsection (b)(1) of this section holds any other licenses under this article and, if so, the names and locations of such other licensed establishments.
(6)
The general nature of the type of adult use for which the applicant is seeking a license, including a statement concerning the degree to which the anticipated activities at the adult use meet the definitions of the enumerated adult use classifications listed in section 42-76(b). Such a characterization shall serve as an initial basis for the permitted activities allowed under the license issued.
(7)
The location of the proposed establishment, including a legal description of the property site, and a legal street address.
(8)
The names of the employees for the proposed establishment, if known, or if presently unknown, a statement to that effect.
(9)
The name, legal mailing address and street address of any business entity which holds a contract to manage or operate the adult use establishment, and the names of all employees of that business entity.
(10)
The applicant's legal mailing address, residential street address, and residential telephone number, if any.
(11)
A site plan of the proposed or existing establishment. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each site plan should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The site plan shall include, but not be limited to, the following:
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, food service equipment, counters and similar structures;
c.
All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size;
d.
A designation of any portion of the premises in which patrons will not be permitted;
e.
If a proposed establishment is constructed in a manner that varies from the site plan submitted, a supplemental site plan showing the existing facility shall be provided, once the certificate of occupancy or final building permit inspection is completed.
(12)
A recent photograph of the individuals listed pursuant to subsection (b)(1) of this section.
(13)
Either the driver's license number or the state or federally issued identification card number of the individuals listed pursuant to subsection (b)(1) of this section.
(14)
A valid adult use permit signed by the director of the county department of development review services or his designee pursuant to division 5 of this article.
(15)
A sworn statement attesting to the accuracy of the information provided in the application and to the fact that the applicant, as licensee, will own, possess, operate and exercise control over the proposed or existing adult use establishment.
(c)
Application fees.
(1)
Any adult use establishment shall pay to the county department of development review services, prior to application for a license, that fee in an amount to cover the expenses of the zoning review necessary to obtain an adult use permit pursuant to division 5 of this article. The amount of such fee shall be established by resolution of the board of county commissioners. Such fee shall be paid only one time for any proposed adult use location unless the proposal is to expand the dimensions of a permitted adult use.
(2)
Each application for an adult use license shall be accompanied by a nonrefundable fee in an amount required to offset the cost of processing the application as set by resolution of the board of county commissioners. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant tosection 42-81.
(d)
Incomplete application.
(1)
In the event the department of justice and consumer services determines that the applicant has not properly completed the application for a proposed establishment pursuant to the requirements of this section, the department shall promptly notify the applicant of such fact and the time period for granting or denying a license under section 42-79 shall be stayed during the period in which the applicant is allowed an opportunity to respond to the notice. Failure to respond to a request for information necessary to complete the application within 15 days shall result in a denial of the application on the basis of abandonment and the applicant shall be refunded that portion of the fee applicable to the background investigations if the investigations did not occur. This denial shall be without prejudice to the applicant's right to reapply.
(2)
If the applicant denies that the application is incomplete with respect to subsections (b)(1) through (b)(14) of this section, the department of justice and consumer services shall treat the application as abandoned and deny the application pursuant to subsection (d)(2) of this section.
(Ord. No. 90-65, § 2.3, 7-24-90; Ord. No. 91-8, art. 3, 1-29-91; Ord. No. 92-6, art. IV, 2-18-92; Ord. No. 93-89, arts. 5, 6, 10-19-93; Ord. No. 94-40, art. IV, 4-19-94; Ord. No. 97-74, § 9, 9-9-97)
Sec. 42-78. - Reserved.
Editor's note— Ord. No. 01-79, § 4, adopted Nov. 13, 2001, repealed § 42-78, which pertained to investigation of application and derived from Ord. No. 90-65, § 2.4, adopted July 24, 1990; Ord. No. 91-8, art. 3, adopted Jan. 29, 1991; Ord. No. 94-40, art. IV, adopted April 19, 1994; and Ord. No. 97-74, § 10, adopted Sept. 9, 1997.
Sec. 42-79. - Grant; denial.
(a)
Time period for granting or denying license.
(1)
The department of justice and consumer services shall grant or deny an application for a new, renewal or transfer license under this article within 30 days from the date of its proper filing. Any denial shall state the reasons for the denial. Upon the expiration of the 30th day, the applicant may, at the applicant's discretion, begin operating the establishment for which a license is sought, without benefit of a license, unless and until the department of justice and consumer services notifies the applicant of a denial of the application and states the reason(s) for that denial. Failure to timely grant or deny an application for a license, and the revisions of this section allowing operation without benefit of a license, shall not serve as a granting of the license.
(2)
Failure to timely grant or deny an application for a license under this article shall serve to ripen an appropriate action to compel a decision on the application. The county will cooperate with the applicant to assure his entitlement to prompt judicial review of the county's failure to timely grant or deny the application. All operations of the establishment under this special provision shall conform to the provisions of division 5 and sections42-138 (d), (e), 42-139, 42-146 and 42-148.
(b)
Granting of application for license. If there is no basis for denial of a license under this article, pursuant to subsection (c) of this section, the department of justice and consumer services shall grant the application, notify the applicant of the granting, and issue the license to the applicant upon payment of the appropriate annual license fee provided in section 42-81, with credit as provided in section 42-77.
(c)
Denying of application for license.
(1)
The department of justice and consumer services shall deny the application for a license under this article for any of the following reasons:
a.
The application contains material false information, or information material to the decision was omitted; failure to list an individual required to be listed, pursuant to subsection 42-77(b)(1), and whose listing would result in a denial pursuant to subsections (c)(1)b and (c)(1)d of this section, is presumed to be a material false information for purposes of denial of the application; the certification that the licensee owns, possesses, operates and exercises control over the proposed or existing adult use establishment is a material representation for purposes of this section.
b.
The applicant or any of the other individuals listed pursuant to subsection 42-77(b)(1) holds or has held a license under this article, or any other ordinance regulating adult uses, which has been suspended or revoked for reasons which would be sufficient to warrant suspension or revocation under this article and from which less than ten years have elapsed since the date of revocation or from which less than two years have elapsed since the date of suspension.
c.
The granting of the application would violate a statute, ordinance, or an order from a court of law.
d.
An applicant or any of the other individuals listed pursuant to subsection 42-77(b)(1) has been convicted of a specified criminal act:
1.
For which:
i.
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
ii.
Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or
iii.
Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
2.
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
3.
An applicant who has been convicted of a specified criminal act may qualify for an adult use license only when the time period required by subsection (c)(1)d.1(i)—(iii) of this section has elapsed.
e.
Abandonment of the application pursuant to section 42-77(d).
(2)
If the department of justice and consumer services denies the application, it shall notify the applicant of the denial, and state the reason(s) for the denial.
(3)
If a person applies for a license at a particular location within a period of six months from the date of denial of a previous application for a license at the location, and there has not been an intervening change in the circumstances material to the decision regarding the former reason(s) for denial, the application shall not be accepted for consideration.
(d)
Compliance required. The granting of a license under this article does not act as a certification that the proposed adult use establishment meets all provisions of this article or of any health or zoning statute, code, ordinance, or regulation. The existing adult use establishment and any proposed adult use establishment, once established, must meet all code provisions required of all regulated businesses, including the provisions of this article.
(Ord. No. 90-65, § 2.5, 7-24-90; Ord. No. 91-8, art. 3, 1-29-91; Ord. No. 92-6, art. IV, 2-18-92; Ord. No. 93-89, arts. 7—9, 10-19-93; Ord. No. 94-40, arts. V, VI, 4-19-94; Ord. No. 97-74, § 11, 9-9-97)
Additional information to the Adult Stores as known to Adult Entertainment is to be consulted by a Attorney of The United States Department of Justice and with A United States Attorney.
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