HomeMy WebLinkAboutChapter 734: Regulations of Nudity on Premises Where Alcoholic Beverages are SoldcODIFIED mARCH 1985
ORDINANCE NO. 14-84
AN ORDINANCE ESTABLISHING CHAPTER 734 ,
"REGULATIONS OF NUDITY ON PREMISES WHERE
ALCOHOLIC BEVERAGES ARE SERVED, CONSUMED
OR STORED" ; PROVIDING FOR PENALTIES;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral ,
Florida, is concerned regarding the potential for increased
crime; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned for health, morals and welfare for the
citizens of Cape Canaveral; and
WHEREAS, the City Council of the City of Cape Canaveral
feels that nudity on premises where alcoholic beverages are
served, consumed or stored may adversely affect crime and the
health, morals, and welfare for the citizens of Cape Canaveral;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows :
SECTION 1. Chapter 734 , "Regulations of Nudity on
Premises where Alcoholic Beverages are Served, Consumed or
Stored" , of the City Code of the City of Cape Canaveral, Florida,
is hereby established as follows : CHAPTER 734 REGULATIONS OF NUDITY ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE SERVED
Sec . 734 .01 Nudity on Premises where Alcoholic Beverages
are served, consumed or stored.
(A) It shall be unlawful for any person maintaining,
owning, or operating a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are served, consumed or stored:
(1) To suffer or permit any female person, while
on the premises of said commercial establishment, to
expose to the public view that area of the human breast
at or below the areola thereof .
(2) To suffer or permit any female person, while
on the premises of said commercial establishment, to
employ any device or covering which is intended to give
the appearance of or simulate such portions of the human
female breast as described in subsection (A) (1) .
ORDINANCE NO. 14-84
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(3) To suffer or permit any person, while on the
premises of said commercial establishment to expose
to public view his or her genitals, pubic area,
buttocks, anus or anal cleft or cleavage.
(4) To suffer or permit any person, while on the
premises of said commercial establishment, to employ
any device or covering which is intended to give the
appearance of or simulate the genitals, pubic area,
buttocks, anus, anal cleft or cleavage.
(B) It shall be unlawful for any female person while
on the premises of a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are served, consumed or stored, to
expose to public view that area of the human female
breast at or below the areola thereof, or to employ
any device or covering which is intended to give the
appearance or simulate such areas of the female breast
as described herein.
(C) It shall be unlawful for any person, while on the
premises of a commercial establishment located within
the City of Cape Canaveral, Florida, at which alcoholic
beverages are served, consumed or stored, to expose to
public view his or her genitals , pubic area, buttocks,
anus, or anal cleft or cleavage, or to employ any device
or covering which is intended to give the appearance of
or simulate the genitals, pubic area, buttocks, anus,
or anal cleft or cleavage.
(D) If any provision of this ordinance, or its application
to any person or circumstances, shall be held invalid,
the remainder of the ordinance, or the application of
the provision to other persons or circumstances, shall
not be affected.
(E) If the owner, operator, lessor, lessee, manager,
employee, or any other person participating in the
operation of a commercial establishment located within
the City of Cape Canaveral at which alcoholic beverages
are served, consumed or stored shall be convicted of any
of the offenses designated in Section 734 . 01 (A) , then
the City Treasurer shall revoke the occupational license
for said establishment after giving a reasonable notice
thereof to the holder of said license and affording the
holder an opportunity to be heard as to why the revocation
should not be issued. [Ord. No. 14-84, §1 12 Jun 1984]
Sec. 734 .03 Penalty Any person violating any of the
provisions of this Chapter shall be punished as provided
in Section 801 . 02 . [Ord. No. 14-84. §1, 12 Jul 1984]
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SECTION 2 . All portions of the Code in conflict
herewith are hereby repealed .
SECTION 3 . This Ordinance shall take effect
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 12th day of July , 1984 .
[signature]
Mayor
Attest:
[Janet S. Leeser's signature]
Acting City Clerk Permission to Advertise: 6-19-84
First Reading: 7-3-84
Posted: 6-20-84
Advertised: 6-23-84
Second Reading: 7-12-84
NAME YES NO
Approved as to Form: CALVERT YES
[signature] FISCHETTI YES
City Attorney NICHOLAS ABSTAINED
RUTHERFORD YES
WINCHESTER YES
ORDINANCE NO. 14-84
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