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 Posted - 01/09/2008 : 11:50:20 PM
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Pasco County Commissioners May Redefine Laws Regarding Sexually Oriented Businesses
From the St Petersburg Times - Published January 8, 2008
...Government responded to the call. The Pasco County Sheriff's Office says it is investigating. County code enforcement officers took a tour during daylight hours. And today Pasco commissioners will consider clarifying an ordinance to help officials enforce regulations on sexually oriented businesses.
The language, which county officials last month acknowledged is related to Club Elite, includes new definitions to better identify what constitutes a "sexually oriented business," a distinction that means the county can regulate where the establishment is located. The proposed definitions identify exposure of specific body parts and specific sexual activities.
(Senior assistant county attorney Kristi Wooden, who had to use a dictionary when she drafted the blush-inducing language, said the descriptions won't be read at today's meeting.)
So far, no action has been taken against Club Elite.
Code enforcement officers could not find evidence to label Club Elite as a sexually oriented business, which would have prevented the club from operating in the commercially zoned strip mall.
From My Fox Tampa Bay - published Jan 8, 2008
...Tuesday, Pasco County Commissions took the first steps to regulate the club by adding language to rules governing adult, sexually oriented businesses.
Even though the club's website says there are events called "sextra Sunday" its attorney says it is not an adult sexually oriented business.
"It's a place where adults gather to discuss their lifestyle," offered Julius Hayes.
From My Fox Tampa Bay Video - Peter Linton-Smith reports: Controversy In Pasco
Newscaster: "So, what happens to Club Elite, the place billing itself as Tampa Bay's Premier Swinger's Club? The club's attorney points out--unlike topless bars--Club Elite's employees remain fully clothed, and do not sell alcohol."
Attorney for Club Elite: "It does not apply to a bottle club, where they are not having sexually based entertainment."
Reporter: "The attorney warns Pasco County that they should be careful to not try and regulate what the paying patrons say even if what the patrons are saying is sexually oriented. He said that would be clearly a violation of their first amendment rights to free expression. The County did pass the ordinance today, they're likely to finalize it in late January."
Newscaster: "Now, Peter, speaking of freedom of expression, Pasco's got some of the most well known nudist clubs in the country. Now, if this ordinance is passed, is it going to have any impact on them?"
Reporter: "The attorney for Club Elite says yes, because they basically attract the same clientèle and it's basically the same atmosphere, and so if you try and regulate what people do in these clubs, even though they're not the employees, it could have a wide-ranging effect."
See the entire News VIDEO - Peter Linton-Smith reports: Controversy In Pasco
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Admin
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Posted - 01/12/2008 : 05:34:28 AM
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It was heard on January 8, 2008 and listed on the agenda as:
PUBLIC HEARINGS AT 1.30 PM
PROPOSED ORDINANCES
The ordinance is titled:
AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE, CHAPTER 200 TO PROVIDE DEFINITIONS FOR "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES" -IN REFERENCE TO SEXUALLY-ORIENTED BUSINESSES OR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR APPLICABILITY, REPEALER, SEVERABILITY, INCLUSION INTO THE LAND DEVELOPMENT CODE,-MODIFICATION AND AN EFFECTIVE DATE.
Memorandum CAO08-0805
Recommendation: Approve
Changes to the county's sexually oriented businesses ordinance were part of the commissioners' 1:30 p.m. public hearing on Jan. 8 in Dade City. The tougher definitions could be approved after another public hearing at 1:30 p.m. Jan. 22 in New Port Richey.
For information about the specific changes, go to www.pascocountyfl.net , click on "Commission Agenda," scroll down to item P2 (on Page 13) and click on the attachments. [see below]
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Admin
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Posted - 01/12/2008 : 05:51:09 AM
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Here is the first attachment:
CAO08-0805 AGENDA MEMO (1PH)
PASCO COUNTY, FLORIDA
INTEROFFICE MEMORANDUM
TO: Honorable Chairman DATE: 1/08/08 FILE: CAO08-0805
Members of the Board of
County Commissioners
THRU: Robert D. Sumner, SUBJECT: Proposed Amendments
County Attorney to Chapter 200 of the Land
Development Code (Definitions)
Pertaining to Adult Entertainment
Businesses
First Public Hearing
BOCC: 1/8/08, 1:30 p.m., DC
FROM: Kristi Wooden, REFERENCES: All Commission Districts
Senior Assistant County Attorney
____________________________________________________________________________
It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.
DESCRIPTION AND CONDITIONS:
Please find before you for your consideration the proposed amendments to Chapter 200 of the Land Development Code concerning Adult Entertainment Businesses. Definitions for “specified anatomical area” and “specified sexual activity” should be added to aid enforcement of the ordinance. The attached version was introduced by the Board and the pending Ordinance was applied on December 18, 2007.
ALTERNATIVES AND ANALYSIS:
1. Accept the attached proposed Ordinance amending Chapter 200 of the Land Development Code.
2. Direct revisions to the attached proposed Ordinance amending Chapter 200 of the Land Development Code.
3. Do not accept the attached proposed Ordinance amending Chapter 200 of the Land Development Code and direct staff as to some other alternative.
RECOMMENDATION AND FUNDING:
The County Attorney’s Office recommends that the Board of County Commissioners listen to
public comment, accept the attached proposed Ordinance and continue the public hearing to a
final public hearing on the Ordinance on January 22, 2008, at 1:30 p.m. at the at the Pasco
County Government Center, Commission Boardroom, 7530 Little Road, New Port Richey,
Florida. At the January 22, 2008 meeting, the Board of County Commissioners will be asked to
take final action on the Ordinance.
No funding is required for this item. There will be no impact on the cost of housing, or the
additional housing cost is too indirect and speculative to determine an exact amount per unit.
ATTACHMENTS: Proposed Amendments to Chapter 200 of the Land Development Code.
cc: Hon. Bob White, Sheriff
Debra Zampetti, Zoning/Code Compliance Administrator
Lee Millard, Assistant Zoning/Code Administrator
Robert Laliberte, Planner I
Richard Ortiz, Code Compliance Manager
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Admin
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Posted - 01/12/2008 : 06:03:48 AM
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Here is the second attachment:
CAO08-0805 PROPOSED ORDINANCE
THE BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. ______
AN ACT TO BE ENTITLED
AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE, CHAPTER 200 TO PROVIDE DEFINITIONS FOR “SPECIFIED ANATOMICAL AREAS” AND “SPECIFIED SEXUAL ACTIVITIES” IN REFERENCE TO SEXUALLY-ORIENTED BUSINESSES OR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR APPLICABILITY, REPEALER, SEVERABILITY, INCLUSION INTO THE LAND DEVELOPMENT CODE, MODIFICATION AND AN EFFECTIVE DATE.
___________________________________________________________
WHEREAS, the Pasco County Board of County Commissioners (“County Commission”) previously adopted an ordinance pertaining to sexually-oriented businesses that provides that businesses where patrons or members are shown performances with the dominant theme concerning certain anatomical areas or activities are considered “sexually-oriented businesses;”
and
WHEREAS, the County Commission finds and determines that enforcement of the ordinance would be aided by clarification of the activities and anatomical areas at issue;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:
Section 1. The Pasco County Land Development Code, Article 200, Definitions, the following definitions are hereby created or amended as follows:
Specified anatomical area. The term 'specified anatomical area' means any of the following, alone or in combination:
(1) Any less than completely or opaquely covered portion of:
a. The human genitals or the pubic region;
b. The cleavage of the nates of the human buttocks;
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 sexual activity. The term '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, fetishism, 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.
Section 2. APPLICABILITY.
This Ordinance shall apply as of 12:00 p.m. on December 18, 2007, pursuant to application of the pending ordinance doctrine.
Section 3. REPEALER.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 4. SEVERABILITY.
It is declared to be the intent of the Board of County Commissioners of Pasco County, Florida, that if any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of the ordinance shall be construed as not having contained the said section, subsection, sentence, clause, or provision and shall not be affected by such holding.
Section 5. INCLUSION INTO THE LAND DEVELOPMENT CODE.
It is the intent of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Pasco County Land Development Code, and that the sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” ”article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.
Section 6. MODIFICATION.
It is the intent of the Board of County Commissioners that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the Board of County Commissioners and filed by the Clerk to the Board of County Commissioners.
Section 7. EFFECTIVE DATE.
A certified copy of this ordinance shall be filed with the Department of State by the Clerk to the Board of County Commissioners within ten (10) days after adoption of this ordinance, and this ordinance shall take effect at 12:00 p.m. on December 18, 2007 pursuant to application of the pending ordinance doctrine. Any changes made to the ordinance upon adoption shall be immediately effective. In the alternative, a Court should interpret the Board’s intent to have the ordinance become applicable no later than the date of filing with the Secretary of State, but that the Board intends applicability on the earliest legally-effective date.
ADOPTED this _________ day of_________________________, 2008.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA
ATTEST:
____________________________ ________________________________
JED PITTMAN, CLERK TED SCHRADER, CHAIRMAN
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Admin
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Posted - 01/12/2008 : 06:36:19 AM
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Here's some research assets for those with legal minds:
Original ORDINANCE
An earlier ordinance by Pasco County regulating sexually oriented businesses. This ordinance explains many of the factors the Commission originally took into consideration when regulating Pasco's many sexually oriented businesses.
ARTICLE 500 ZONING STANDARDS
Sec. 534. Sexually oriented businesses.
Sec. 534. Sexually oriented businesses.
Another reference.
ARTICLE IV. SEXUALLY ORIENTED BUSINESSES
This article is named the "Pasco County Sexually Oriented Entertainment Business Regulation Ordinance."
GOOGLE SEARCH click here
A specialized Google search of references to "sexually oriented businesses" on the Pasco County website. Lots of information here.
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Cheri
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Posted - 01/12/2008 : 09:08:16 AM
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This week a number of newspapers carried stories about Pasco County, Florida’s plans to make changes to its adult business / land use law including definitions related to anatomical areas. AANR has had discussions with the Assistant County attorney assigned to this project and have prepared and distributed a detailed memorandum for AANR’s Pasco clubs as well as AANR Florida leadership and legal counsel. In addition, plans are already underway to attend an upcoming hearing on the matter scheduled for January 22.
Doing what I can to positively promote nudism
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NaturistDoc
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Posted - 01/12/2008 : 11:50:44 AM
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Wow ... this is some kinda erudite website! How often does one stumble across words like the grandiloquent "zooerasty" or the humble "buggery"?
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Admin
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Posted - 01/13/2008 : 2:22:25 PM
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Sec. 534. Sexually oriented businesses.
534.1 Purpose, construction. It is the purpose of this section to regulate the location of sexually oriented businesses so as to prevent the adverse secondary effects on the public health, safety, and welfare, which, as the Supreme Court recognized in the case of City of Erie v. Pap's A.M. , 529 U.S. 277 (2000), are "caused by the presence of even one such establishment." This section is designed to eliminate or lessen such adverse secondary effects by maintaining minimum distances between such sexually oriented businesses and certain other uses and land zoned for office or residential use and allowing sexually oriented businesses to locate in appropriate areas of the county only. This section is based upon the fundamental zoning principle that certain uses, by the very nature of the adverse secondary effects such uses are recognized to have upon the surrounding community, must be subjected to particular restrictions so that such uses may exist without destroying the value, vitality, or existence of other lawful and reasonable uses. The sole purpose of the legislative body of the county in enacting this section is the desire to preserve and protect the quality of life, public health, safety, and general welfare of the citizens of the county and not to suppress free speech or impair the constitutional rights of any person or group of persons. Nothing herein shall be construed to authorize a commission of any obscenity offense or other criminal defense as proscribed by the laws of the state, the county, or the laws of any local government within the county.
534.2 Definitions. Except for those words expressly defined below, the words used in this section shall have the meanings set forth in this section, and article 200, section 201, of this Code. To the extent not defined in this section or by article 200, section 201, of this Code, such words shall have the meaning as defined by the American Heritage Dictionary, Second College Edition. The following terms, when used in this section, shall have the meanings respectively ascribed to them as set forth below:
A. "Day-care facility" means any facility, whether operated profit or not-for-profit, that provides supervision and care for minors as its primary function.
B. "Minor" means any person under the age of 18 years.
C. "Physical contact establishment" means a site or premises, or portion thereof, upon which any person who is an owner, proprietor, employee, or independent contractor, in exchange for payment, manipulates the superficial tissues of the body of another person, with any portion of the torso, hand, foot, leg, arm, or elbow, whether or not aided by any device. The definition of physical contact establishment does not include the following:
1. Licensed health-care facilities;
2. Licensed physicians or nurses engaged in the practice of their profession;
3. Educational or professional athletic facilities, if massage is a normal and usual practice in such facility;
4. Establishments, exempted under F.S. § 480.024; or
5. Massage establishments licensed under F.S. ch. 480.
D. "Place of religious worship" means any building or structure used primarily and regularly for religious services or education of any denomination, and the title, lease, or rental agreement of such building or structure is owned or held by a not-for-profit organization devoted to religious services or education.
E. "Public park" means a park, playground, swimming pool, reservoir, golf course, or athletic field, within the county, which is under the control, operation, or management of the county, or any other governmental entity.
F. "School" means an educational institution, public or private, offering a curriculum acceptable by local and state educational officials to fulfill legal requirements of education for elementary through high school levels, or any part thereof.
G. "Sexually oriented business" means:
1. Any physical contact establishment;
2. Any premises where members of the public or any person for consideration are offered any live or recorded performance, or any visual images tangibly fixed in any medium, which performance, image, or recording has as its primary or dominant theme subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or
3. Any premises where the presentation or distribution of any performance, recording, or visual image requires the exclusion of minors from the premises pursuant to F.S. ch. 847.
534.3 Locations within authorized zoning district; and distance restrictions. Sexually oriented businesses shall be allowed within in the I-2 general industrial district only, and then only if the following restrictions are met:
A. No sexually oriented business shall be located within 1,000 feet of:
1. Any pre-existing zoning district within the county that is zoned for residential or office use including, but not limited to, residential planned unit development districts and office planned unit development districts;
2. Any lawfully pre-existing:
a. Day-care facility;
b. Place of religious worship;
c. Public park; or
d. School;
That is located within jurisdictional boundaries of the county.
B. The distances provided for in section 534.1 of this Code shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of any building in which the sexually oriented business is operated to the nearest property line of a parcel:
1. Upon which such a lawfully pre-existing day-care facility, place of religious worship, public park, or school, is located; or
2. Within a district zoned for residential or office use.
534.4 Prohibited conduct. No sexually oriented business shall be conducted in any manner that permits any person on any parcel of property within the county, other than the parcel upon which the sexually oriented business is located, to observe any live or recorded performance, or any visual image tangibly fixed in any medium, which performances, images, or recordings have as their primary or dominant theme subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas or which performance, recording, or visual image requires the exclusion of minors pursuant to F.S. ch. 847, other than such observation as may occur as a result of the observer's intentional reception of such a performance, recording, or visual image within an enclosed structure.
534.5 No application, license, or permit. With the expressed exception of occupational licenses and permits issued upon purely objective criteria applicable to all businesses within an I-2 zoning district and applications relating to such licenses and permits, no application or permit shall be required for the establishment of any sexually oriented business.
534.6 No subjective zoning condition, restriction, safeguard, or standard. No sexually oriented business shall be subject to any regulation, zoning condition, restriction, safeguard, or standard that contains subjective criteria.
534.7 No variances, waivers, or special exceptions. No variances, waivers, or special exceptions from the criteria set forth in this section shall be permitted for any reason.
534.8 Appeals of final determination affecting sexually oriented businesses. Any party with standing to appeal the final determination of any county official affecting any sexually oriented business protected by the First Amendment to the United States Constitution shall be entitled, as a matter of right, to seek immediate review of such final determination by filing an appropriate pleading with the circuit court possessing jurisdiction over the county.
534.9 Injunctions authorized. Any party that violates this section shall be subject to an injunction by the county to prevent further violations of this section in addition to any other remedies available to the county as provided by law.
534.10 Nonconforming sexually oriented businesses. Subject to meeting the conditions set forth in this section, any sexually oriented businesses that conducted business as a sexually oriented business at its location and building on December 17, 2002, that is not in conformity with the requirements of section 534.3 of this Code may continue to operate, subject to article 531 of this Code as a legally nonconforming use. However, such sexually oriented business shall not conduct different types of sexually oriented business activities other than those beingconducted on December 17, 2002. Sections 531.5 and 531.6 of this Code shall not apply to such legally nonconforming sexually oriented business.
A. Within two months from the effective date of this section, but no later than the close of business on March 14, 2003, the owner of the sexually oriented business must apply to the county's growth management/zoning department for legal nonconforming use status. After the close of business on March 14, 2003, any nonconforming sexually oriented business that has not made an application in conformity with this section shall no longer be eligible to receive legal nonconforming use status.
B. Applications by sexually oriented businesses for legal nonconforming use status shall include:
1. The name, address, and telephone number of the owner of the sexually oriented business.
2. The name, address, and telephone number of the owner of record of the parcel of real property upon which the subject sexually oriented business is situated.
3. A legal description and physical address of the parcel of real property upon which the subject sexually oriented business is situated.
4. Proof that all required occupational licenses have been issued and are in effect, for the subject sexually oriented business both as of December 17, 2002, and through the date of the application.
5. A written statement, signed under penalty of perjury by the owner of the subject sexually oriented business, or such owner's legally authorized representative if the sexually oriented business is not owned by a natural person, that the subject sexually oriented business was conducting business as a sexually oriented business at its then current location on or before December 17, 2002.
6. Proof of leasehold or ownership interest held in the parcel of real property upon which the subject sexually oriented business is situated by the owner of the subject sexually oriented business both as of December 17, 2002, and as of the date of the application.
7. Proof that the person or entity identified as the owner of record of the parcel of real property upon which the subject sexually oriented business is situated actually owned such parcel of real property both as of December 17, 2002, and as of the date of the applications.
8. A floor plan, drawn at a readable scale, and signed and sealed by a state-registered engineer or surveyor accurately depicting the subject sexually oriented business as of December 17, 2002.
9. A site plan, drawn at a readable scale and signed and sealed by a state-registered engineer or surveyor accurately depicting the subject sexually oriented business as of December 17, 2002.
C. The county's growth management/zoning department shall grant any application meeting requirements set forth above for such applications. The county's growth management/zoning department shall issue a written determination upon any application submitted pursuant to this section within 30 days of the date such application was submitted to the county's growth management/zoning department and shall send a copy of such written determination to the applicant and to any person who owns a parcel of real property located within 1,000 feet of the subject sexually oriented business via certified mail, return receipt requested. Failure of the county's growth management/zoning department to issue such a written determination within the time specified above shall authorize the applicant to continue operating the applicant's business at the location identified in the application, until such time as such a written determination is rendered.
D. The applicant, or any person who owns a parcel of real property located within 1,000 feet of the subject sexually oriented business, as such distance is measured pursuant to section 534.3.B above, has the right to appeal the written determination of the county's growth management/zoning department within 30 days of the date of the written determination, as provided for in section 317 of the land development code. The sole issue to be considered in any such appeal is whether the application which is the subject of such written determination met the requirements of this section.
E. Sexually oriented businesses granted legally nonconforming use rights under this subsection must nonetheless comply with all requirements of this section, except section 534.3 of this Code.
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Admin
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Posted - 01/13/2008 : 5:34:51 PM
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Pasco County Sexually Oriented Entertainment Business Regulation Ordinance
ARTICLE IV. SEXUALLY ORIENTED BUSINESSES*
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*Editor's note: Ord. No. 01-07, adopted March 20, 2001, did not specifically amend the Code. Hence its inclusion as article IV, sections 22-61--22-69, 22-81, 22-91, 22-92, and 22-101--22-109, was at the discretion of the editor.
__________
DIVISION 1. GENERAL PROVISIONS
Sec. 22-61. Authority.
This article is enacted pursuant to the statutory power of the county to establish and enforce such business regulations as are necessary for the protection of the public, and in the interest of the health, peace, safety, and general welfare of the people of the county, pursuant to F.S. Ch. 125.
(Ord. No. 01-07, 3-20-01)
Sec. 22-62. Short title.
This article shall be known as the "Pasco County Sexually oriented Entertainment Business Regulation Ordinance."
(Ord. No. 01-07, 3-20-01)
Sec. 22-63. Purpose.
The purpose of this article is to establish reasonable and uniform regulations that will protect the health, safety and general welfare of the people of the county. 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 of the content of any communicative materials, including sexually oriented entertainment material. Similarly, it is neither the intent nor effect of this article to restrictor deny access by adults to sexually oriented entertainment material or to any expression protected by the First Amendment of the United States Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment materials to their intended markets.
(Ord. No. 01-07, 3-20-01)
Sec. 22-64. 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. The term "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 booth. The term "adult booth" means a separate enclosure inside a sexually oriented entertainment establishment, accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a peep show booth, adult arcade booth, or other booth used to view sexually oriented entertainment material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.
Adult photographic or modeling studio. The term "adult photographic or modeling studio" means, and includes, any business entity 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 theatre. The term "adult theatre" 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 theatre."
Business entity. The term "business entity" means any and all persons, natural or artificial, including any individual, firm, enterprise, corporation or association operating or proposed to operate for commercial or pecuniary gain. (The application of the phrase "operate for commercial or pecuniary gain" shall not depend upon actual profit or loss. Moreover, operation for commercial or pecuniary gain shall be presumed where the business entity has an occupational license.) The term "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 offers or renders services for compensation.
Department. The term "department" means any of the departments or divisions of the government of the state or of the county including, but not limited to, health, development review services, or consumer protection, including the respective directors or administrators or managers thereof, and their employees, officers and agents.
Employee. When used herein in connection with a sexually oriented entertainment business entity or establishment, the term "employee" shall mean a person who works or performs or provides services in connection with a sexually oriented entertainment business entity or establishment, irrespective of whether such person is paid a salary or wage, is an independent contractor, pays for the privilege of working or performing or providing such services in connection with a sexually oriented entertainment business entity or establishment, or works or performs or provides such services in connection with a sexually oriented entertainment business entity or establishment without paying, provided such person has a substantial or consistent relationship with the business of, or entertainment, goods, or services provided by, the sexually oriented entertainment business entity or establishment.
In the context of sexually oriented entertainment business entities and establishments, the term "employee" includes, but is not limited to, any performers, managers and assistant managers, stockpersons, tellers, and operators.
Law enforcement officer. The term "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.
Nates. The term "nates" means the prominence formed by the muscles running from the back of the hip to the back of the leg.
Operator. The term "operator" means any person or business entity who engages in or performs any activity which is necessary to, or which facilitates the operation of, a sexually oriented entertainment business entity or establishment, including, but not limited to, any 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 sexually oriented entertainment business entity or establishment.
Patron. The term "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 enterprise. The term "physical culture enterprise" means any business entity which offers, advertises, or provides massage, body rubs or scrubs, or physical contact with specified anatomical areas, whether or not the entity or its employees are licensed to perform such services. Business entities which routinely provide medical services by state-licensed medical practitioners, and electrolysis treatment by licensed operators or electrolysis equipment, shall be excluded from the definition of physical culture enterprise.
Private performance. The term "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 sexually oriented entertainment 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.
Sexually oriented entertainment. The term "sexually oriented entertainment" means the offering, permitting, suffering, or allowing of private performances, as defined under this section, whether knowingly or with reason to know, by any business entity. The term "sexually oriented entertainment" also shall be defined to include goods and services of any adult arcade, adult booth, adult theatre, special cabaret, physical culture enterprise, and adult photographic or modeling studios as defined in this section, as well as the activities, goods and services of any business entity or establishment whose primary business stock in trade is dependent upon, or related to, specified sexual activities or specified anatomical areas, as defined in this section.
Sexually oriented entertainment establishment. The term "sexually oriented entertainment establishment" means a site or premises, or portion thereof, upon which certain sexually oriented entertainment business activities or operations are concluded.
Sexually oriented entertainment material. The term "sexually oriented entertainment material" means any one or of the following, regardless of whether new or used:
(1) Books, magazines, periodicals or other printed matter, paintings, drawings, or other publications or graphic media, photographs, films, motion pictures, videocassettes, discs, 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.
Special cabarets. The term "special cabaret" means any bar, dancehall, restaurant, or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, lingerie models, or similar entertainers, or waiters or waitresses who engage in specified sexual activities or display specified anatomical areas.
Specified anatomical area. The term "specified anatomical area" means any of the following, alone or in combination:
(1) Any less than completely or opaquely covered portion of:
a. The human genitals or the pubic region;
b. The cleavage of the nates of the human buttocks;
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 sexual activity. The term "specified sexual activity" means:
(1) Human genitals in a state of sexual stimulation, arousal or tumescence;
(2) Acts of anilingus, bestiality, buggery, cunnilingus, coprophagy, 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. 01-07, 3-20-01)
Sec. 22-65. Legislative findings.
(a) Among the documents and other materials the board of county commissioners has considered concerning the adverse secondary effects of sexually oriented entertainment business entities and establishments on communities in which they are located are the following:
(1) Transcript of the Pinellas County Adult Use Licensure Ordinance Public Hearing held 15 January 1991, including testimony from Pinellas County law enforcement officers and health officials regarding the secondary effects of sexually oriented entertainment entities and establishments in Pinellas County;
(2) Transcript of the Pinellas County Adult Use Licensure Ordinance Public Hearing held 29 January 1991;
(3) The county sheriff's office Vice Operations and Offense Incident Reports detailing criminal activities associated with sexually oriented entertainment business entities and establishments in the county;
(4) Materials relating to Suncoast Lingerie Modeling and Fetishes of Hudson, Florida and a companion internet world wide web site, "www.nastyheathers.com."
(b) The board of county commissioners has further considered, with respect to the adverse secondary effects of sexually oriented entertainment business entities and establishments on communities in which they are located, the oral presentations made by various persons at the public hearings held before it on 6 March 2001 and 20 March 2001.
(c) The board of county commissioners has further considered the recommendations of the citizen's ordinance review committee (CORC) with respect to this article, and has afforded the land development review committee (LDRC) an opportunity to comment on the ordinance as well.
(d) With respect to existing regulatory issues at the time of adoption of this article on 20 March 2001, the board of county commissioners finds as follows:
(1) Sexually oriented entertainment business entities and establishments in the county lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of sexually oriented entertainment business entities and establishments, and there is currently no adequate mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(2) Sexually oriented entertainment establishments offer an environment in which:
a. The superficial tissues of one person may be manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;
b. Dancers, entertainers, performers, or other individuals, for commercial gain, perform or are presented while displaying or exposing one or more specified anatomical areas.
(3) Substantial criminal activities have been associated with sexually oriented entertainment establishments including, but not limited to, drug-related offenses and prostitution.
(4) Sexually oriented entertainment establishments can harbor an environment which promotes unsafe and unhealthy sexual practices, including unprotected sexual relations, with potentially serious public health consequences, such as the spread of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS), syphilis, gonorrhea, genital herpes, and hepatitis B and C.
(5) Mingling and sexual contact between patrons and employees of sexually oriented entertainment establishments 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.
(6) Unprotected sexual intercourse and other sexual acts, especially when in connection with prostitution, is a major contributing factor to the increase of sexually transmitted diseases, including especially, AIDS.
(7) When the activities described above, characteristic of sexually oriented entertainment establishments, are present within a community, other activities which are illegal or unhealthful tend to accompany them, concentrate around them and be aggravated by them, including, but not limited to, prostitution, solicitation for prostitution, solicitation for alcohol, lewd and lascivious behavior, exposing minors to harmful materials, and drug-related offenses.
(8) The concerns raised in the legislative findings in this article relate to substantial and legitimate governmental interests.
(9) Sexually oriented entertainment business entities and establishments have operational characteristics which should be reasonably regulated in order to protect those substantial and legitimate governmental interests.
(10) Sexually oriented entertainment business entities and establishments are a pervasively regulated industry, making reasonable inspections and administrative searches necessary to enforce regulatory standards.
(11) Prohibitions on locking sexually oriented entertainment establishments while patrons are inside will facilitate these reasonable inspections and administrative searches.
(12) The prevention of sexual contact between patrons and employees at sexually oriented entertainment establishments is unrelated to the suppression of free expression, but serves to address the concerns raised in the finding contained in this section. Although the erotic message of a performer may be slightly less effective from a distance of three feet, the ability to engage in the protected expression is not significantly impaired thereby.
(13) A limited separation of employees from patrons and prohibiting employees and patrons from engaging in sexual fondling and caressing in sexually oriented entertainment establishments would reduce the opportunity for prostitution transactions and drug transactions, and should act as a deterrent to each of these categories of criminal activity.
(14) Such a limited separation of employees from patrons, including limitations on contact, will also serve to ameliorate the potential adverse health consequences to employees from unregulated contact with patrons.
(15) The requirements of this article as to stages, partitions, and open entraceways will reasonable contribute to the enforcement of the prescribed limitations on physical contact between employees and patrons, and will help to deter opportunities for prostitution and drug-related transactions.
(16) Requiring sexually oriented entertainment business entities and establishments to maintain information concerning current employees and certain past employees will help to reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses, suspects, and victims, by preventing minors from working in such establishments, and by providing valuable information to health officials in tracking and treating persons infected with STDs and other communicable diseases.
(17) Because nudist parks do not appear to generate adverse secondary effects as do sexually oriented entertainment business entities and establishments, they should be exempt from regulations under this article.
(Ord. No. 01-07, 3-20-01)
Sec. 22-66. 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. 01-07, 3-20-01)
Sec. 22-67. Enforcement of article and penalties for violations.
(a) The provisions of this article may be enforced in accordance with county Ordinance 1-11 where a complaint affidavit and/or notice to appear citation has been issued by a code enforcement officer with respect to a violation, and in accordance with the procedures for prosecuting local ordinance violations set forth in Administrative Order PA-CTY-00-05 of the county court, as amended, in and for the county, Sixth Judicial Circuit of Florida, where a complaint affidavit and/or notice to appear has been issued by a law enforcement officer.
(b) It shall be a misdemeanor of the second degree for any person or entity to violate, or fail to comply with, any provision of this article, and upon conviction, each such violation shall be punishable by a fine not exceeding $500.00, by imprisonment for a term not to exceed 60 days, or both, as provided by F.S. § 125.69 (2000). For each day that a provision of this article is violated, a separate punishable offense shall be deemed to occur with respect to each such provision of the ordinance so violated.
(c) Should any person violate or fail to comply with any provision of this article, the state attorney, the office of the county attorney, or any private attorney(s) so authorized by the board of county commissioners, may make application to the circuit court for the Sixth Judicial Circuit of Florida for an order to enjoin such violation or failure of compliance, which order may be granted without the necessity of posting a bond.
(d) The remedies described in subsection (c) of this section shall be in addition to, and not in lieu of, the abatement of the violating condition, any other equitable relief, or revocation of any permit or license by any governmental entity.
(e) It is the responsibility of the owner or operator of a sexually oriented entertainment business entity or 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.
(f) The county shall be authorized to revoke all occupational licenses issued in connection with any sexually oriented entertainment establishment in the following circumstances:
(1) A cumulative total of three or more charges have been brought against one or more persons or entities, for any violation specified below, occurring within a consecutive period of 12 months at, or in connection with, the sexually oriented entertainment establishment associated with the occupational license; and
(2) A cumulative total of three or more such charges have resulted in an adjudication of guilt, or a withholding of adjudication pursuant to a plea of guilty or nolo contendere, by a court of competent jurisdiction, whether against a single person or entity or against multiple persons or entities, or any combination thereof, with respect to said charges.
The violations of this article for which an occupational license may be revoked shall be limited to violations of any federal or state criminal statute by a sexually oriented entertainment business entity, or by any of its owners or operators, if such violations arise from activities at, or from business conducted at or in connection with, the sexually oriented entertainment establishment for which the occupation license has been issued, as well as violations of any of the following provisions of this article:
(1) Division 2;
(2) Section 22-91(4)--(6);
(3) Section 22-91;
(4) Section 22-102(b) and (c);
(5) Sections 22-103, 22-104, 11-105 and 22-109.
The revocation of any occupational license hereunder shall be limited to prohibiting, for a period of 24 consecutive months, the use of the sexually oriented entertainment establishment for the purpose of conducting any sexually oriented entertainment business activities or operations. The revocation period for an occupational license shall commence 35 days after the date the county division of zoning and code enforcement mails written notification of revocation to the licensee unless, at any time before 5:00 p.m. of the last business day preceding the effective date of the revocation, the division has received from the licensee a written request for a hearing before the county board of county commissioners.
Any hearing on a notification of revocation so issued shall be commenced within 60 days of the date of the receipt by the division of the request of the licensee of the date written notice of the hearing date has been mailed to the licensee, whichever is later. The division shall schedule a public hearing before the board within that time frame, and shall mail notice of the time, date, and place of said hearing to all affected licensees at least 15 calendar days prior to any such scheduled public hearing. The board shall retain discretion to continue a scheduled hearing for cause or convenience of the parties.
Upon the final decision of the board to revoke an occupational license, the revocation period shall begin 35 days from the date thereof, unless timely appealed. Any appeal from the final decision of the board to revoke an occupational license hereunder shall be made by filing a petition for a writ of certiorari in the circuit court for the Sixth Judicial Circuit, in and for the county, within 30 days of the final decision of the board to revoke the occupational license. The exclusive venue for any such appeal shall be in the circuit court for the Sixth Judicial Circuit in New Port Richey, Florida. In the event that the revocation decision of the board is appealed, the effective date of revocation shall then be the date of issuance of the mandate of the circuit court, or if the appeal is withdrawn by the licensee, the date of notice of dismissal thereof.
No occupational license issued during the pendency of any revocation proceedings hereunder, nor within a consecutive period of 24 months following the revocation of any occupational license hereunder shall, with respect to the sexually oriented entertainment establishment in connection with which the revocation proceedings or any revocation has arisen, authorize or be deemed to authorize, either explicitly or implicitly, the use of said sexually oriented entertainment establishment for the purpose of conducting any sexually oriented entertainment business activities or operations. The county division of zoning and code enforcement shall maintain at all times a current list, available for public inspection, of each location for which revocation proceedings are pending, and of each location at which sexually oriented entertainment business activities or operations have been suspended, including the effective dates and periods of all revocations.
(Ord. No. 01-07, 3-20-01)
Sec. 22-68. Right of access to enforce.
At any reasonable hour, the county sheriff and any other law enforcement officer, as well as any county code enforcement officer, shall have access to, and shall have the right to inspect, the premises of all sexually oriented entertainment business entities and all sexually oriented entertainment establishments under this article for compliance with any or all of the applicable codes, statutes, ordinances, and regulations in effect in the county. The sheriff and every other law enforcement officer shall require strict compliance with the provisions of this article. Reports of violations shall be reported promptly to the administrator for the county division of zoning and code enforcement.
(Ord. No. 01-07, 3-20-01)
Sec. 22-69. Immunity from prosecution.
The county, the sheriff, and any department of either, as well as any and all law enforcement officers, shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented entertainment establishment while acting within the scope of their authority under this article.
(Ord. No. 01-07, 3-20-01)
Secs. 22-70--22-80. Reserved.
DIVISION 2. EMPLOYEE RESTRICTIONS AND REQUIREMENTS
Sec. 22-81. Records for employees.
(a) The operator of a sexually oriented entertainment business entity or establishment is responsible for keeping a record of all employees of the sexually oriented entertainment business entity or establishment, and of all former such employees during the preceding one-year period. The record shall contain the current or former full legal name of each employee, including any aliases, date of birth, and photographic picture, which shall be updated annually.
(b) The original records required by subsection (a) of this section, or true and exact photocopies thereof, shall be kept at the sexually oriented entertainment establishment at all times.
(c) Any operator of a sexually oriented entertainment business entity or establishment shall be responsible for knowing the location of the original records required by this section, or of true and exact photocopies thereof.
(d) Any operator of a sexually oriented entertainment business entity or establishment shall, upon request by a law enforcement officer, health department official, or a representative of the county division of zoning and code enforcement, make available for inspection the original records, or true and exact photocopies thereof, as required by this section while the sexually oriented entertainment establishment is open for business.
(Ord. No. 01-07, 3-20-01)
Secs. 22-82--22-90. Reserved.
DIVISION 3. OPERATIONAL REQUIREMENTS
Sec. 22-91. Operational requirements for all sexually oriented entertainment business entities and establishments.
Each sexually oriented entertainment business entity and establishment shall observe the following general requirements:
(1) Conform to all applicable building statutes, codes, ordinances and regulations, whether federal, state or local;
(2) Conform to all applicable fire statutes, codes, ordinances, and regulations, whether federal, state or local;
(3) Conform to all applicable health statutes, codes, ordinances, and regulations, whether federal, state or local;
(4) Conform to all applicable zoning regulations and land use laws, whether state or local;
(5) Opaquely cover each non-opaque area through which a person outside the sexually oriented entertainment establishment may otherwise see inside the sexually oriented entertainment establishment. All activities of sexually oriented entertainment business entities or establishments involving the display of specified anatomical areas or involving specified sexual activities must be inside the sexually oriented entertainment establishment and not visible to a person outside the sexually oriented entertainment establishment.
(6) Maintain a continuously updated compilation of the records required by this article.
(Ord. No. 01-07, 3-20-01)
Sec. 22-92. Special operational requirements for certain specified sexually oriented entertainment business entities and establishments.
In addition to the general requirements for sexually oriented entertainment business entities and establishments contained herein, every special cabaret, adult photographic or modeling studio, and adult theatre shall observe the following special requirements:
(1) A stage shall be provided for the display or exposure of any specified anatomical area by an employee of the sexually oriented entertainment business entity or establishment to a person other than another such employee. Such stage shall consist of a permanent platform or other similar permanent structure raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet.
(2) The stage shall be at least three feet from the nearest table, chair or other accommodation where food or drink is served or consumed.
(3) Any area in which a private performance occurs shall:
a. Have a permanently open entranceway not less than two feet wide and not less than six feet high, which entranceway shall not have any curtain rods, hinges, rails, or the like which would allow the entranceway to be closed or partially closed by any curtain, door, or other partition; and
b. Have a wall-to-wall, floor-to-ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent, and which partition separates the employee from the person viewing the display.
(Ord. No. 01-07, 3-20-01)
DIVISION 4. MISCELLANEOUS PROHIBITIONS AND EXCEPTIONS
Sec. 22-101. Affirmative defenses.
In prosecutions for violations of this article, it shall be a rebuttable presumption, where relevant, that the person with whom the charged individual is alleged to have performed the prohibited act is not an employee of the sexually oriented entertainment business entity or establishment. It is an affirmative defense, where applicable, that the charged individual is such an employee with whom the otherwise prohibited act is allowed.
Notwithstanding any language to the contrary which may appear elsewhere in this article, no criminal liability shall be imputed to any person for a violation of this article based on the application of respondeat superior unless said person bears a responsible relation to the act or omission giving rise to the violation and thus has the power to prevent the same, nor may any person be made to suffer imprisonment in connection with any criminal liability based on respondeat superior. In prosecutions for any violation of this article based on respondeat superior, it is an affirmative defense, where applicable, that the charged individual either had no authority or power to prevent the violation of the article from occurring, or that the charged individual was unaware of the act or acts giving rise to the violation.
(Ord. No. 01-07, 3-20-01)
Sec. 22-102. Prohibited operations.
(a) It shall be a violation of this section for any business entity to operate, or for any person to be an operator or employee of, any sexually oriented entertainment business entity or establishment which does not satisfy all of the general requirements of section 22-91.
(b) It shall be a violation of this section for any business entity to operate, or for any person to be an operator or employee of, a sexually oriented entertainment business entity or establishment and to knowingly, or with reason to know, offer, permit, suffer, or allow the entrance or exit of the sexually oriented entertainment business entity or establishment to be locked when a person other than an employee is inside the sexually oriented entertainment establishment.
(c) It shall be a violation of this section for any business entity to operate, or for any person to be an operator or employee of, an adult cabaret or adult theatre which does not satisfy all of the special requirements of section 22-92.
(Ord. No. 01-07, 3-20-01)
Sec. 22-103. Allowing an employee to engage in prohibited acts.
(a) It shall be a violation of this article for any business entity, or for any operator of a sexually oriented entertainment business entity or establishment, to knowingly, or with reason to know, offer, permit, suffer, or allow any employee to:
(1) Engage in any specified sexual activity at the sexually oriented entertainment establishment;
(2) Display or expose any specified anatomical area at the sexually oriented entertainment establishment, unless such employee is continuously positioned in an area as described in section 22-92(1), (2), and where applicable, (3);
(3) Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the sexually oriented entertainment establishment, including with another employee of the sexually oriented entertainment business entity or establishment;
(4) Engage in a private performance unless such employee of the sexually oriented entertainment business entity or establishment is in an area which complies with the special requirements of Section 22-92(3) a. and b.;
(5) While engaged in the display or exposure of any specified anatomical area, to intentionally touch, either directly or through a medium, any person, except another employee, at the sexually oriented entertainment establishment, excluding, for purposes of passing a gratuity, that part of the person's arm distal to the wrist, commonly referred to as the hand, provided the person maintains a distance of two feet from the employee of the sexually oriented entertainment business entity or establishment. It shall be a violation of this article for any gratuity to pass by any bodily contact other than from the hand of the person to the hand of the employee;
(6) Intentionally straddle the legs of an employee over any part of the body of a person other than another employee at the sexually oriented entertainment establishment, regardless of whether there is a touch or touching; or
(7) While engaged in the display or exposure of any specified anatomical areas, to voluntarily be within three feet of any person other than another employee of the sexually oriented entertainment business entity or establishment unless a gratuity is being passed, in which case the requirements of section 22-103(a)(5) must be met.
(b) It is a violation of this article for any business entity or operator to offer, suffer, permit or allow a patron of the sexually oriented entertainment business entity or establishment to commit a violation of section 22-107.
(Ord. No. 01-07, 3-20-01)
Sec. 22-104. Advertising prohibited activity.
It shall be a violation of this article for an operator of a sexually oriented entertainment business entity or establishment to advertise the presentation of any activity prohibited by any applicable state statute or local ordinance.
(Ord. No. 01-07, 3-20-01)
Sec. 22-105. Employee records.
It shall be a violation of this article to be an operator of any sexually oriented entertainment business entity or establishment at which the records for employees required by section 22-92, hereof have not been compiled, are not maintained, or are not made available for inspection.
(Ord. No. 01-07, 3-20-01)
Sec. 22-106. Engaging in prohibited activity.
(a) It shall be a violation of this article for any employee of a sexually oriented entertainment business entity or establishment to:
(1) Engage in any specified sexual activity at the sexually oriented entertainment establishment;
(2) Display or expose any specified anatomical area at the sexually oriented entertainment establishment, unless such employee is continuously positioned in an area as described in section 22-92(1), (2), and where applicable, (3);
(3) Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the sexually oriented entertainment establishment, including another employee;
(4) Engage in a private performance unless such employee is in an area which complies with the special requirements of subsections section 22-92(3)a. and b.;
(5) While engaged in the display or exposure of any specified anatomical area, to intentionally touch, either directly or through a medium, any person, except another employee, at the sexually oriented entertainment establishment, excluding, for purposes of passing a gratuity, that part of the person's arm distal to the wrist, commonly referred to as the hand, provided the person maintains a distance of two feet from the employee. It shall be a violation of this article for any gratuity to pass by any bodily contact other than from the hand of the person to the hand of the employee.
(6) Intentionally straddle the legs of an employee over any part of the body of a person other than another employee at the sexually oriented entertainment establishment, regardless of whether there is a touch or touching; or
(7) While engaged in the display or exposure of any specified anatomical areas, to voluntarily be within three feet of any person other than another employee, unless a gratuity is being passed, in which case the requirements of section 22-103(a)(5) must be met.
(b) It is a violation of this article for any business entity or operator to offer, suffer, permit or allow a patron of the sexually oriented entertainment business entity or establishment to commit a violation of section 22-107.
(Ord. No. 01-07, 3-20-01)
Sec. 22-107. Touching of an employee by a patron.
(a) Except for minimal touching allowed and as regulated in section 22-103(a)(5) involving the passing of a gratuity, it shall be a violation of this section for any person in a sexually oriented entertainment establishment, other than another employee, to intentionally touch, either directly or through a medium, an employee who is displaying or exposing any specified anatomical area at that establishment.
(b) Except involving the minimal touching of an employee's hand allowed in Section 22-103(a)(5) involving the passing of a gratuity, it shall be a violation of this section for any person, except another employee, to voluntarily be within three feet of any employee displaying or exposing any specified anatomical area at the sexually oriented entertainment establishment.
(Ord. No. 01-07, 3-20-01)
Sec. 22-108. Use of restrooms or dressing rooms.
Notwithstanding any provision indicating to the contrary, it shall not be a violation of this article for any employee of a sexually oriented entertainment business entity or establishment to expose any specified anatomical area during the bona fide use by an employee of a restroom, or during the bona fide use by an employee of a dressing room which is accessible only to such employees.
(Ord. No. 01-07, 3-20-01)
Sec. 22-109. Hours of operation.
(a) It shall be a violation of this article for any operator of a sexually oriented entertainment business entity or establishment to allow such sexually oriented entertainment business entity or establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 12:00 p.m. of any particular day.
(b) It shall be a violation of this article for any employee of a sexually oriented entertainment business entity or establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 12:00 p.m. of any particular day.
(c) The provisions of subsections (a) and (b) of this section apply regardless of whether employees are no longer participating in the sale or rental of sexually oriented entertainment material, the display of specified anatomical areas, or are engaged in specified sexual activities between the hours of 2:00 a.m. and 12:00 p.m. Any site or premises, or portion thereof, upon which any sexually oriented entertainment business, activities or operations are conducted at any time of the day shall be considered a sexually oriented entertainment establishment at all times of the day, and therefore subject to all the provisions of this article at all times of the day.
(Ord. No. 01-07, 3-20-01)
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CalTom
Forum Member
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Posted - 01/15/2008 : 1:49:16 PM
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Ever since Club Elite-Tampa opened in September of 2007 everybody from the media to the halls of Pasco government has gone into stereotypical Pavlovian reaction mode. In fact the video with WTVT-13's field reporter talking to anchor John Wilson is one of the more sane pieces.
When Tampabay10 did a piece on the swinger club's opening they didn't leave a tried and true cliche stone unturned, from the young mother with innocent impressionable children living nearby to little old ladies from Mayberry who looked at the camera in askance; "why I thought the owner of the building was going to rent to a Baptist church group?" To top it off, the swinger couple interviewed consisted of a blue collar looking woman in her thirties who probably could use more time on the elliptical trainer and less carbs in her diet and her beau, a guy who appeared to still be wearing a seventies polyester leisure suit with a satisfied grin ("yup-that's my woman.")
Meanwhile, Pasco County Sheriff Bob White has always languished behind Hillsborough County's David Gee and that ultimate Florida media superstar, Polk County's Grady Judd. Judd has an actual re-creation of the White House press briefing room right in his police station with a stage equipped with studio lights for his seemingly never ending encounters with notorious evil doers. Bob White senses a publicity bonanza for himself so he's going after Club Elite with all the fervor of a U.S. Army General hunting terrorists in Iraq.
I am not a swinger; I don't pretend to be. But how much is this going to cost Florida taxpayers like myself, for how protracted a legal battle and for what return? The strip joints on U.S. 19 are still there after battling Pasco County and New Port Richey for years. Never mentioned in the reports is that a biker bar used to occupy a spot near where BMW's now park. Pragmatically what is worse, a group of low key swingers or Eric von Zipper and the Rat's Revenge?
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Admin
Forum Admin
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Posted - 01/16/2008 : 01:39:15 AM
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Good information, Tom.
Here are some points to consider:
Many confuse the two groups. There are many references in online discussions describing the lifestyle group meeting each month at a Pasco clothing optional resort being the same group as runs Club Elite, the first swinger lifestyle club attempted in Pasco County. We see no evidence they are the same people. The first is an online meet and greet promotion for swingers in major cities across the country, the second is an actual nightclub owned by the former managers of a swing club in Hillsborough County. There is no connection, unless someone has evidence to the contrary.
The existing ordinances, most of which are reprinted above, DO NOT refer to anything but performances by employees. Whatever ordinance they come up with will have to morph into something that regulates the behavior of patrons. This is quite dangerous because unexpected restrictions could be enacted without warning.
There is nothing to restrain AANR from taking full advantage of this opportunity in another self serving back room 'deal'. AANR supported a solution to this exact problem in Maryland, legislation which would have imprisoned for 6 months anyone operating a nudist business who didn't hold a valid AANR membership. It came within 2 votes of passing into State law. [Read more]
If AANR is allowed to create a monopoly by law, they can increase their membership dues to any amount. You will have to pay it or put your clothes on.
Just to clarify, we support AANR and the great work they've done. However, we strongly oppose an enforced monopoly for AANR which would drive all others (TNS, SUN, or any organization that would provide services or events for nudists) out of business forever, which was the apparent intent of the above proposed State Amendment. That would be an unfair business practice. AANR should support nudism, not try to own it. So, we watch in these situations and hope they don't do it again.
In our opinion, exemption language is an easy way out for commissioners too lazy to research, or just too gullible. There seems to be a mindset with some nudists that only AANR cares about family values. And despite their track record, people still think AANR has enforcement powers. These factors can combine to deliver to AANR a total victory over all future competition in Pasco, with the electors going home feeling they have done the right thing. More AANR monopoly will not solve their legislative difficulties, as AANR is not an enforcement agency.
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Cheri
Forum Member
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Posted - 01/16/2008 : 11:23:33 AM
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The dues structure is not regulated by AANR president or the office. It is proposed by ANY member and voted on by the Trustees who the membership voted on the same way the state/federal legislatures vote on bills/pending laws in their respective areas.
Cheri
Doing what I can to positively promote nudism
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Admin
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Posted - 01/23/2008 : 11:47:17 PM
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The new definitions of prohibited activities would not apply to nudist communities and resorts, say Pasco Commissioners.
From TampaBay.com
County takes aim at swingers
New definitions of sex businesses means regulation could follow.
By DAVID DECAMP, Times Staff Writer - Published January 23, 2008
NEW PORT RICHEY - One by one, people opined Tuesday about the proposed stricter definitions for sexually oriented businesses in Pasco, avoiding the impetus for the discussion like it was an elephant in the room.
Or in this case, like it was a Port Richey swingers club named Club Elite.
"I think we all know what the issues are," former Port Richey Mayor Mark Abbott told the County Commission. "Just make the wise decisions."
After a short public hearing with the commentary ranging from nudist resorts to community morality, the County Commission voted 5-0, with little debate, to approve the new definitions.
The blush-inducing language includes new definitions to better identify what constitutes a "sexually oriented business," a distinction that means the county can regulate where the establishment is located. The proposed definitions identify exposure of specific body parts and specific sexual activities.
But nobody on Tuesday mentioned Club Elite, which is above a bakery, a deli and a dentist in a U.S. 19 commercial strip. Its Web site openly promotes its activities for swingers, though its attorney has said Club Elite is not a sexually oriented business - legally speaking.
After it opened last year, neighbors complained and authorities investigated. But they said they couldn't shut down the club under Pasco's code unless something illegal was seen.
The code limits new adult businesses to industrial areas, but the county has to prove a business is sexually oriented before it can be restricted.
When the new definitions were unveiled in December, county officials acknowledged they were targeted at Club Elite. But this month, assistant county attorney Kristi Wooden and County Commissioner Jack Mariano, whose district includes the club, wouldn't say so. Wooden only said Tuesday the changes allowed the county to enforce its ordinance.
Nor would Commission Chairman Ted Schrader or other officials say they were keeping quiet to perhaps avoid legal stickiness over passing a law that singles out a specific business.
And while Schrader acknowledged the public knowledge of Club Elite, the explicit nature of the new definitions made a discussion inappropriate, he said afterward.
"Fortunately, we didn't have to go into detail," he said.
Wooden and Commissioner Pat Mulieri stressed that the new definitions of prohibited activities would not apply to nudist communities and resorts, which are allowed in county code.
David Decamp can be reached at ddecamp@sptimes.com or 727 869-6232.
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Admin
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Posted - 01/26/2008 : 12:46:39 PM
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AANR's statement regarding the recent Pasco Sexually Oriented Businesses ordinance hearings
This statement was "leaked" by someone to the "Billyville" Google newsgroup. It bears the signature of the Exec Dir of AANR, and appears legitimate.
As the following newspaper story (last two lines) shows [link included] yesterday the Commission went out of its way, multiple, multiple times to say that their proposed changes would not affect nudist resorts in any way. From a legal standpoint, what's most significant is that the commission and the county attorney reiterated that there had been NO change from the 2001 legislative finding by the county that nudist resorts "do not give rise to adverse secondary effects and should be exempt" from the zoning law.
I want to thank the many people who showed up from our Pasco resorts to help monitor what was happening, including Darren Norris from - -, Ed Moran from - -, Mark Ashcroft and Ken Cushman of Lake Como club, plus "Dave" (Gulf Coast), "Don," and several others whose names escape me, but are appreciated. Ed proposed a slight wording change to the commission which, while not adopted, "set the ball rolling" and caused the commission to be very upfront about their clear intent not to affect us. Darren had done a very thorough job of talking to commissioners before hand as was evident from what occurred also. And Van, I want you to know that emails to Commissioners like Pat Mulieri did not go unnoticed. You might tell Dottie Doyle that her call to the Commissioner was specifically referenced!
I submitted written material to bolster the record of positive economic effects... including a FL Trend article citing Pasco Tourism Council figures that show more than 12% of visitors come to the county to enjoy clothes free resorts.
I would say that it was a VERY good day for us. The reiteration of Pasco's legislative findings that nudist resorts do not create adverse secondary effects is extremely important. It can help us in other FL counties because, under case law from the U.S. Court of Appeals for the 11th Circuit, when a community does research on adverse effects (required as a prelude to passing adult entertainment laws) it must consider studies more recent in time and closer in geography as more probative than, say, a study of the blight caused by an adult bookstore on the housing market in Enid, Oklahoma in the 1970's. Since many of the so-called "Family Law" groups try to depend on such outdated studies, the relatively new findings by Pasco, and their reiteration of those findings yesterday, provides some helpful ammunition to us.
Erich Schuttauf
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Admin
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Posted - 01/26/2008 : 1:36:15 PM
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quote:
Originally posted by Admin
If AANR is allowed to create a monopoly by law, they can increase their membership dues to any amount. You will have to pay it or put your clothes on.
quote:
Originally posted by Cheri
The dues structure is not regulated by AANR president or the office. It is proposed by ANY member and voted on by the Trustees who the membership voted on the same way the state/federal legislatures vote on bills/pending laws in their respective areas.
I'm starting to feel like a psychic.
It seems that at the very moment I was typing the warning about AANR's dues possibly increasing, the announcement was being printed in the AANR Bulletin that the dues may in fact be increasing by 5 dollars per person effective October 1, 2008.
By the way, check page 26 of The Bulletin for a great picture of Cheri!
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Admin
Forum Admin
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Posted - 01/26/2008 : 9:58:44 PM
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Pasco's updated sexually oriented business definitions
Here's the link to the PDF. Perhaps those with a legal mind can decipher for us the difference from the original code posted above.
I personally can't detect any changes. The post above entitled "CAO08-0805 PROPOSED ORDINANCE", dated 010808 if you look at the link itself, looks exactly like the wording in the "updated" ordinance below numbered CAO08-0807, dated 012208. Perhaps there is another document.
WHEREAS, the Pasco County Board of County Commissioners (“County Commission”)
previously adopted an ordinance pertaining to sexually-oriented businesses that provides that
businesses where patrons or members are shown performances with the dominant theme
concerning certain anatomical areas or activities are considered “sexually-oriented businesses;”
and
WHEREAS, the County Commission finds and determines that enforcement of the ordinance would be aided by clarification of the activities and anatomical areas at issue;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:
Section 1. The Pasco County Land Development Code, Article 200, Definitions, the following definitions are hereby created or amended as follows:
Specified anatomical area. The term 'specified anatomical area' means any of the following, alone or in combination:
(1) Any less than completely or opaquely covered portion of:
a. The human genitals or the pubic region;
b. The cleavage of the nates of the human buttocks;
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 sexual activity. The term '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, fetishism, 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.
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Pasco County redefines laws re: sexual businesses
