HomeMy WebLinkAboutOrdinance No. 13-2004 ORDINANCE NO. 13 -2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA AMENDING CHAPTER 10, ARTICLE IV, OF THE
CAPE CANAVERAL CITY CODE PERTAINING TO
SEXUALLY ORIENTED BUSINESSES AND ADULT
ENTERTAINMENT ESTABLISHMENTS, AND RELATED
MATTERS; PROVIDING FOR A SHORT TITLE;
PROVIDING FOR LEGISLATIVE PURPOSES, FINDINGS
AND INTENT; PROVIDING FOR CONSTRUCTION OF THE
ORDINANCE; RECOGNIZING OBSCENITY AS
UNLAWFUL; PROVIDING FOR DEFINITIONS; PROVIDING
FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES
AND RELIEF; PROVIDING FOR AND REQUIRING
LICENSES; PROVIDING FOR LICENSEE APPLICATIONS
AND FEES; PROVIDING FOR CLASSIFICATION OF
LICENSES; PROVIDING FOR APPROVAL AND DENIAL OF
LICENSE APPLICATIONS; PROVIDING FOR CONTINUING
DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR
INVESTIGATIONS; PROVIDING FOR REAPPLICATION;
PROVIDING FOR TIME PERIODS FOR NOTICES,
(I:re SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING
FOR RESPONSIBILITIES OF CITY AND GOVERNMENT
OFFICIALS AND DEPARTMENTS; PROVIDING FOR
EXPIRATION, LAPSE, CONTINUATION, TERMS,
SUSPENSION, REVOCATION AND ENFORCEMENT OF
LICENSES; PROHIBITING THE TRANSFER OF LICENSES;
PROVIDING FOR ESTABLISHMENT NAME CHANGES;
PROVIDING FOR LICENSE SUSPENSION AND
REVOCATION PROCEDURES AND PROCEEDINGS;
PROVIDING FOR APPEALS; PROVIDING FOR WORKER
RECORDS, CUSTOMER CONTRACTS AND DAILY
REGISTERS AND INSPECTIONS THEREOF; PROVIDING
FOR DUTIES AND OBLIGATIONS; PROVIDING FOR
PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY
ESTABLISHMENTS AND BUSINESSES, WORKERS,
OPERATORS, AND CUSTOMERS; PROVIDING FOR
GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS,
REQUIRED ACTS AND PROHIBITIONS; PROVIDING FOR
LICENSEE CONSENT; PROVIDING FOR SPECIFIC
PROVISIONS RELATING TO VARIOUS CATEGORIES OF
City of Cape Canaveral
Ordinance No. 13 -2004
Page 1 of 64
LICENSEES; PROVIDING REGULATIONS FOR SEXUALLY
ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR
ADULT BOOK STORES /ADULT VIDEO STORES;
PROVIDING REGULATIONS FOR ADULT THEATERS;
PROVIDING REGULATIONS FOR ADULT PERFORMANCE
ESTABLISHMENTS; PROVIDING REGULATIONS FOR
COMMERCIAL BODILY CONTACT ESTABLISHMENTS;
PROVIDING REGULATIONS FOR ESCORTS AND ESCORT
SERVICE PROVIDERS; PROVIDING REGULATIONS FOR
ADULT MODELING OR DISPLAY ESTABLISHMENTS;
PROVIDING REGULATIONS FOR ADULT MODELS;
PROVIDING REGULATIONS FOR PROHIBITED ACTS BY
CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY
WORKERS AND OPERATORS; PROVIDING FOR RECORDS
AND REPORTS; PROVIDING OPERATIONAL
REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR
USE OF RESTROOMS AND DRESSING ROOMS;
PROVIDING FOR THE PROTECTION OF MINORS;
PROVIDING FOR HOURS OF OPERATION; PROHIBITING
SEXUAL ENCOUNTER BUSINESSES; PROVIDING
IMMUNITY FROM PROSECUTION FOR CERTAIN
GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT
ADULT ENTERTAINMENT ESTABLISHMENTS AND
SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED
IN INDUSTRIAL AREAS SUBJECT TO DISTANCE
REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS,
CHURCHES, AND PARKS AND RECREATIONAL AREAS;
PROVIDING FOR REPEAL, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the activities of certain commercial enterprises, that are appropriately included
within the definition of the term "adult entertainment establishment" or "sexually oriented business,"
have resulted in the necessity for additional Code provisions regulating adult entertainment
establishment and sexually oriented business activities and the activities of other similar businesses;
and
WHEREAS, failure of the City to ensure that adult entertainment activities and sexually
oriented businesses are appropriately regulated would adversely impact the City insomuch as the City
is a local government jurisdiction that is very family oriented and encourages economic and tourism
development that focuses on and derives its economic growth as a result of family oriented activities
and events; and
City of Cape Canaveral
Ordinance No. 13 -2004
Page 2 of 64
WHEREAS, the City Council desires to protect and preserve the unique character of City
of Cape Canaveral as a family oriented attraction for families, tourists, and businesses; and
WHEREAS, the City of Cape Canaveral is essentially a small beachside community and has
a current population of approximately 9,000 people; and
WHEREAS, the City of Cape Canaveral is a municipality that is, and desires very much to
continue to be, a community that contains and is known for traditional wholesome public
recreational activities through its parks and recreation department and along its beaches and is
proximate to family oriented theme parks such as Walt Disney World, MGM Studios, Universal
Studios, Sea World, and numerous other family vacation destinations including Port Canaveral; and
WHEREAS, the City Council finds and determines that the provisions contained herein are
the most reasonable and minimal restrictions required so as to regulate conduct which is or could be
adverse to public order, health, safety, morals and welfare within the City of Cape Canaveral; and
WHEREAS, the passage of this Ordinance is necessary to preserve the basic character of
the community of the City of Cape Canaveral; and
WHEREAS, although the City Council is of the opinion that this Ordinance is a general
ordinance regulating conduct and is not an ordinance that affects the use of land as contemplated by
Section 166.041(3)(c), Florida Statutes, the City Council does not wish to become sidetracked in
Co' lengthy and expensive litigation concerning procedural matters that are not relevant to the subject
matter of this Ordinance and has, accordingly, determined to enact this Ordinance under the more
conservative, expensive, and time consuming land use procedure as well as under the general
procedure for ordinances that regulate conduct; and
WHEREAS, sexually oriented businesses and adult entertainment establishments require
special supervision from the public safety agencies of the City in order to protect and preserve the
health, safety, order and welfare of the workers and patrons of such businesses as well as the citizens
of the City; and
WHEREAS, the City Council finds that sexually oriented businesses and adult entertainment
establishments are frequently used for unlawful sexual activities including, but not limited to,
prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern
of the City which demands reasonable regulation of sexually oriented businesses and adult
entertainment establishments in order to protect the health and well -being of the citizens of the City
of Cape Canaveral; and
City of Cape Canaveral
(11; Ordinance No. 13 -2004
Page 3 of 64
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses and adult entertainment establishments comply with
reasonable regulations and to ensure that operators do not knowingly allow their establishments to
be used as places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses and
adult entertainment establishments, because of their very nature, can have a deleterious effect on
both the existing businesses around them and the surrounding residential areas adjacent to them as
well as other public and civic uses, causing increased crime and the downgrading of property values
and adverse impacts to economic development and tourist development programs and activities; and
WHEREAS, it is recognized that sexually oriented businesses and adult entertainment
establishments, due to their nature, have serious objectionable operational characteristics,
particularly when they are located in close proximity to each other, thereby contributing to urban
blight and downgrading the quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control these adverse effects and
thereby protect the health, good order, safety and welfare of the citizenry; protect the citizens from
increased crime; preserve the quality of life; preserve the property values and character of
surrounding neighborhoods and deter the spread of urban blight; and
ce WHEREAS, the City Council has determined that locational criteria alone do not adequately
protect the health, good order, safety and general welfare of the people of this City; and
WHEREAS, it is not the intent of this Ordinance to unreasonably regulate any speech
activities protected by the First Amendment, but to enact a content - neutral Ordinance which
addresses the adverse secondary effects of sexually oriented businesses and adult entertainment
establishments; and
WHEREAS, it is not the intent of the City Council to condone or legitimize obscene material
or any other illegal activity and the City Council recognizes that state and federal law prohibits the
distribution of obscene materials and the Council expects and encourages local and state law
enforcement officials to enforce state obscenity statutes and related statutes against any such illegal
activities in the City; and
WHEREAS, it is not the intent of this Ordinance to regulate the display of specified
anatomical areas incidental to a performance offered by a proprietary school licensed by the State
of Florida, a college, community college, university supported partly or entirely by taxation or a
private college or university which maintains and operates educational programs in which credits
are transferable to a college, community college, or university supported partly or entirely by taxation
City of Cape Canaveral
Ordinance No. 13 -2004
Page 4 of 64
1
a
or in any structure owned by a governmental entity (e.g. a civic center, auditorium) when part of a
c e bona fide artistic display or production; and
WHEREAS, the City Council hereby finds at the effective date of this Ordinance there is
only one adult entertainment establishment or sexually oriented business lawfully operating (as a
nonconforming use) within the City of Cape Canaveral, Fairvilla Megastore which is a unique adult
retail store selling video, toys, and herbal products; and
WHEREAS, the City Council also finds that within close proximity (Cocoa Beach;
unincorporated Brevard County) to the municipal boundaries of Cape Canaveral, there exists
numerous adult entertainment establishments already operating and providing services to the public;
and
WHEREAS, the City Council also finds reliance on studies, source materials, case law and
experiences of other communities involving such establishments and businesses is reasonable and
a legitimate basis for supporting the regulations contained in this Ordinance; and
WHEREAS, the City Council hereby finds that on an annual basis local communities, like
the City of Casselberry, Seminole County, the City of Daytona Beach, Volusia County, and local law
enforcement agencies, have expended numerous man hours licensing adult entertainment
establishments and sexually oriented businesses, as well as hundreds of thousands of dollars
defending licensing decisions challenged by the adult entertainment industry (See e.g., Seminole
Entertainment v. City of Casselberry); and
C
WHEREAS, the City Council hereby finds that based on the experiences of the City of
Casselberry and the City of Daytona Beach, the application and licensing fees required by this
Ordinance will not cover the expected administrative costs which will be incurred by the City of
Cape Canaveral regulating adult entertainment establishments or sexually oriented businesses located
within the City; and
x
WHEREAS, the City Council, therefore, finds that the annual application and licensing fee
is revenue neutral and in compliance with the court decision in Fly Fish, Inc. v. City Cocoa Beach,
337 F. 3d 1301 (11th Cir. 2003); and
WHEREAS, the City Council finds and determines that this Ordinance is consistent with
the goals, policies and objectives of the City's Comprehensive Plan; and
WHEREAS, this Ordinance is not intended to change the M -1 industrial locational zoning
requirement for adult entertainment establishments currently codified in the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds and deems that
this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of the
City of Cape Canaveral
C I; Ordinance No. 13 -2004
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1
City of Cape Canaveral.
(irf
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are incorporated herein by reference and
made a part of this Ordinance.
Section 2. Repeal and Renumber Existing Code Provisions.
A. The City of Cape Canaveral Code Sections 10 -86 through 10 -177 are hereby repealed
in their entirety. Copies of said sections are attached hereto as Exhibit "A" and fully
incorporated herein by this reference for repeal purposes only.
B. Section 110- 352(7) is restated and amended in Section 4 of this Ordinance.
Section 3. Amend Code. The City of Cape Canaveral Code, Chapter 10, Article IV, is
hereby amended as follows (underlined type indicates additions, strikeout type indicates deletions,
and asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 10. It is
intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
(
CHAPTER 10. AMUSEMENTS AND ENTERTAINMENT
* **
ARTICLE IV. SEXUALLY ORIENTED BUSINESSES AND
ADULT ENTERTAINMENT ESTABLISHMENTS
Sec. 10-86. Short title.
J
This Ordinance shall be known and may be cited as the "City of Cape Canaveral Sexually
Oriented Business and Adult Entertainment Establishment Ordinance."
Sec. 10-87. Purpose, findings and intent/incorporation of whereas clauses.
fa) Purpose. It is the purpose of this Article to regulate sexually oriented businesses and
adult entertainment establishments in order to promote and protect the public health, safety,
good order, and general welfare of the citizens of the City, to establish reasonable and
uniform regulations of adult entertainment establishments and sexually oriented businesses
within the City. The provisions of this Article have neither the purpose nor effect of
imposing an unreasonable limitation or unreasonable restriction on the content of any lawful
City of Cape Canaveral
C or Ordinance No. 13 -2004
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communicative materials including sexually oriented materials. Similarly, it is not the intent
nor effect of this Article to unreasonably restrict or deny access by adults to sexually oriented
materials protected by the First Amendment or to deny access by the distributors and exhibi-
tors of sexually oriented entertainment protected by the First Amendment to their intended
market. Neither is it the intent nor effect of this Article to condone or legitimize the distribu-
tion of obscene or otherwise illegal material.
all Findings. Based on evidence concerning the adverse secondary effects of adult uses
on the community presented in hearings and in reports made available to the City Council,
and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475
U.S. 41 (1986); Young v. American Mini Theaters, 426 U.S. 50 (1976); Barnes v. Glen
Theater, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); City
of Los Angeles v. Alameda Books, 535 U.S. 425 (2003); City of Littleton v. Z.J. Gifts, LLC,
S.Ct. , 2004 WL 1237360 (U.S. June 7, 2004); and on materials made of record
relating to the Seminole County and St. Johns County Public Nudity Ordinances, and on the
substance of and findings made or incorporated in studies accomplished in other
communities and ordinances enacted in other communities, including, but not limited to,
New York, New York; City of Houston Ordinance Number 97 -75; Senate Bill Number 232,
as passed by the Kansas State Legislature; Phoenix, Arizona; Tucson, Arizona; St. Paul,
Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Garden Grove, California; Los Angeles, California; Austin, Texas; Macon -Bibb
County, Georgia; Palm Beach County, Florida; Manatee County, Florida; the findings of the
Attorney General of the State of Minnesota; the report of United States Attorney General's
Council on Pornography (1986); Jacksonville, Florida; Detroit, Michigan; and "A Summary
of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on
Property Values," conducted by the Division of Planning, Department of Metropolitan
Development, Indianapolis, January 1984; the publication entitled "Protecting Communities
From Sexually Oriented Businesses" (Southwest Legal Press, Inc.); the publication entitled
"Local Regulation Of Adult Businesses" (Clark, Boardman and Callaghan); publications
prepared by the Florida Family Association Inc (Tampa Florida) relating to the regulation
of sexually oriented businesses and adverse secondary effects of sexually oriented
businesses; the "Report to The American Center for Law and Justice on the Secondary
Impacts of Sex Oriented Businesses ", Peter R. Hecht, Ph.D. (1996); and the findings of fact
relating to the Adult Entertainment Codes of Orange and Seminole Counties, two
neighboring and contiguous counties in Central Florida, and the findings of fact relating to
the Sexually Oriented Business and Adult Entertainment Establishment Ordinance of
Brevard County, Florida, the county in which the City of Cape Canaveral is located, the
publications of Dr. William George regarding erotica and alcohol: Alcohol and Human
Sexuality: Review and Integration, Leif C. Crowe and William H. George, Psychological
Bulletin, 1989; Alcohol and Hvpermasculinity as Determinants of Men's Empathic
Responses to Violent Pornography, Jeanette Norris, William H. George, Kelly Cue Davis,
Joel Martell, R. Jacob Leonesio; Journal of Int'l Violence, 1999; Alcohol Expectancies and
City of Cape Canaveral
Ordinance No 13 -2004
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Sexuality: A Self - Fulfilling Prophecy. Analysis of Dyadic Perceptions and Behavior, William
H. George, Ph.D. and Susan A. Stoner, B.A., Jeanette Norris, Ph.D., Peter A. Lopez, Ph.D.
and Gail L. Lehman, Ph.D., Journal of Studies on Alcohol, 1998; The Effect of Alcohol and
Anger on Interest in Violence, Erotica & Deviance, William H. George and G. Alan Marian,
Journal of Abnormal Psychology, 1986; Perception of Postdrinking Female Sexuality:
Effects of Gender, Beverage Choice, and Drink Payment, William H. George, Susan J.
Gournic, and Marry P. McAfee, Journal of Applied Social Psychology, 1988; Postdrinking
Sexual Inferences: Evidence of Linear Rather than Curvilinear Dosage Effects, William H.
George, Gail L. Lehman, Kelly L. Cue, Lorraine J. Martinez, Peter A. Lopez, and Jeanette
Norris, Journal of Applied Social Psychology, 1997; Self - Reported Alcohol Expectancies and
Postdrinking Sexual Inferences About Women, William H. George, Kelly L. Cue, Peter A.
Lopez, Lief C. Crowe, and Jeanette Norris, Journal of Applied Social Psychology, 1995; Self-
Reported Alcohol Expectancies for Self and Other as a Function of Behavior Type and
Dosage Set: William H. George and Kurt H. Dermen, Journal of Substance Abuse, 1988;
Sammy's of Mobile, Ltd. v. City of Mobile, 140 F. 3d 993 (1 Cir. 1998); Citv of Daytona
Beach v. Del Percio 476 So. 2d 197 (Fla. 1985); SOB. Inc. v. County of Benton, 317 F. 3d
856 (8 Cir. 2003); New York State Liquor Auth. V. Bellanca, 452 U.S. 714 (1981);
California v. LaRue, 409 U.S. 109 (1972) (result upheld in 44 Liquormart v. R.I., 517 U.S.
484 (1996)); Seminole Entertainment, Inc. v. City of Casselberry. 813 So. 2d 186 (Fla. 5"'
DCA 2002), rev. denied 835 So. 2d 269 (2002), cert. denied 123 S. Ct. 2276, 71 USLW 3641
(2003) (including the entire record presented to the Casselberry City Council and the order
of the City Council revoking Rachel's adult entertainment license); McKee v. City of
Casselberry, 10 Fla. L. Weekly Supp. 408a, Per Curium Affirmed 2004 WL 1178246 (Fla.
C ri 5 DCA 2004); and matters and materials submitted at the public hearings relating to this
Ordinance and other matters and documents relating to all of the above; and the experiences
of other Central Florida communities the City Council finds:
LU Sexually oriented businesses and adult entertainment establishments lend
themselves to ancillary unlawful and unhealthy activities that are presently
uncontrolled or not adequately controlled by the operators of the establishments or
businesses. Further, there are presently no mechanisms or inadequate mechanisms to
make the owners of these businesses or establishments responsible for the activities
that occur on their premises.
Certain workers of certain sexually oriented businesses and adult entertainment
establishments defined in this Article engage in a higher incidence of certain types of
illicit sexual behavior than workers of other business establishments.
Q Sexual acts, including masturbation, and oral and anal sex, occur at sexually
oriented businesses and adult entertainment establishments, especially those which
provide private or semi - private areas, booths or cubicles for viewing films, videos, live
sex shows and those having physical interaction between workers and customers.
City of Cape Canaveral
Ordinance No. 13 -2004
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G4) Offering and providing such private spaces encourages such previously
mentioned activities, which create unhealthy conditions.
(sj Persons frequent certain adult theaters, adult arcades, and other sexually oriented
businesses and adult entertainment establishments for the purpose of engaging in sex
within the premises of such businesses and establishments.
(.6) At least 50 communicable diseases may be spread by activities occurring in
sexually oriented businesses and adult entertainment establishments, including, but not
limited to, syphilis, tuberculosis, gonorrhea, human immunodeficiency virus infection
(HIV -AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella
infections and shigella infections.
(D Since 1981 and to the present, there has been an increasing cumulative number
of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the
United States - 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 733,374
through 1999.
(8) Cumulatively through 1999, there have been 75,539 reported cases of AIDS in
the State of Florida, which ranks third in the nation.
(9_) The CDC estimates that approximately 850,000 to 950,000 U.S. residents are
living with HIV infection.
Cre (10) The number of cases of early ( less than one syphilis in the United States
year) s �'P
reported annually has risen, with 33,613 cases reported in 1982, 45,200 through
November of 1990, and 31,575 cases reported in 2001.
(11) The number of cases of gonorrhea in the United States reported annually remains
in a high level, with over one -half million cases being reported in 1990 and 361,705
}
reported in 2001.
12 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.
(13) According to the best scientific evidence, AIDS and HIV infection, as well as
syphilis and gonorrhea, are principally transmitted by sexual acts.
(14) Sanitary conditions in some sexually oriented businesses and adult entertainment
establishments are unhealthy, in part, because the activities conducted there are
City of Cape Canaveral
Ordinance No. 13 -2004
Page 9 of 64
unhealthy, and, in part, because of the unregulated nature of the activities and the
failure of owners and operators of the facilities to self - regulate those activities and
maintain those facilities.
(15) Numerous studies and reports have determined that semen is found in the areas
of sexually oriented businesses and adult entertainment establishments where persons
view "adult" oriented films.
16 The findings noted in paragraphs number 1 through 15 and as set forth hereinafter
raise substantial governmental concerns.
(17) Sexually oriented businesses and adult entertainment establishments have
operational characteristics which should be reasonably regulated in order to protect
those substantial governmental concerns.
118) A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and the operators of the sexually
oriented businesses and adult entertainment establishments. Further, such a licensing
procedure will place a heretofore nonexistent incentive on the operators to see that the
business or establishment is run in a manner consistent with the good order, health,
safety and welfare of its patrons and workers, as well as the citizens of the City. It is
appropriate to require reasonable assurances that the licensee is the actual operator of
the business or establishment, fully in possession and control of the premises and
' (it; activities occurring therein.
09) Removal of doors on adult booths and requiring sufficient lighting on premises
with adult booths advances a substantial governmental interest in curbing the illegal
and unsanitary sexual activity occurring in adult theaters.
00) Requiring licensees of sexually oriented businesses and adult entertainment
establishments to keep information regarding current workers and certain past workers
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 at such businesses and establishments.
(21) The disclosure of certain information by those persons ultimately responsible for
the day -to -day operation and maintenance of the sexually oriented business and adult
entertainment establishments, where such information is substantially related to the
significant governmental interest in the operation of such uses, will aid in preventing
the spread of sexually transmitted diseases.
(22) It is desirable in the prevention of the spread of communicable diseases to obtain
City of Cape Canaveral
Ordinance No. 13 -2004
Page 10 of 64
a limited amount of information regarding certain workers who may engage in the
conduct which this Article is designed to prevent or who are likely to be witnesses to
such activity.
(23) The fact that an applicant for an adult entertainment establishment or sexually
oriented business license has been convicted of a sexually related crime leads to the
rational assumption that the applicant may engage in that conduct in contravention of
this Article.
(24) Commercial establishments exist or may exist within the City and other nearby
cities and counties in central Florida where adult entertainment material is possessed,
displayed, exhibited, distributed and/or sold for commercial purposes in the form of
books, magazines, periodicals or other printer material, or photographs, films, motion
pictures, prints, videotapes, slides, computer digital graphic recordings or other visual
representations or recordings, or recordings or other audio matter, or instruments,
novelties, devices, or paraphernalia which depict, illustrate, describe or relate to
specified sexual activities or specified anatomical areas.
(25) Commercial establishments exist or may exist within the City and other nearby
cities or counties in central Florida where adult entertainment and sexually oriented
commercial activities in the form of nude, semi -nude, or topless dancers, entertainers,
performers, or other individuals, who, for commercial gain, perform or are presented
while displaying or exposing specified anatomical areas; or engage in straddle dancing
or touching with customers.
f 26) Commercial sexually oriented businesses exist or operate or may exist or operate
within the City or other nearby cities or counties in central Florida where sexually
oriented services are offered for commercial or pecuniary gain in the form of
commercial physical contact, escort services and other services providing sexual
encounters. The workers of such sexually oriented businesses operating in central
Florida engage in physical contact or touching with customers including, but not
limited to acts of prostitution, or encourage or entice the customers to engage in
lewdness.
(27) The activities occurring at sexually oriented businesses and adult entertainment
establishments occur at establishments and businesses which operate primarily for the
purpose of making a profit and, as such, are subject to regulation by the City in the
interest of the good order, health, safety, economy, property values, morals and general
welfare of the people, businesses and industries of the City. A major industry which
is important to the community's economic welfare is tourism by persons seeking to
bring children to visit central Florida attractions and beaches who wish to stay in a
community with a family atmosphere not dominated by commercialized sexual themes.
City of Cape Canaveral
C oe Ordinance No. 13 -2004
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(28) When the activities occurring at sexually oriented businesses and adult
entertainment establishments are present in establishments and businesses, other
activities which are illegal, unsafe, or unhealthful tend to accompany them, concentrate
around them, and be aggravated by them. Such other activities include, but are not
limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious
behavior, exposing minors to harmful materials, possession, distribution and
transportation of obscene materials, sale or possession of controlled substances, and
violent crimes against persons and property.
(29) When the activities occurring at sexually oriented businesses and adult
entertainment establishments are competitively exploited in establishments and
businesses, they tend to attract an undesirable number of transients, blight
neighborhoods, adversely affect neighboring businesses, lower real property values,
promote the particular crimes described above and, ultimately, lead residents and
businesses to move to other locations.
00) Sexually oriented businesses and adult entertainment establishments often have
exterior signs or exterior appearance that lower the surrounding property values and
contribute to urban decline.
(31) The activities occurring at sexually oriented businesses and adult entertainment
establishments sometimes occur in establishments and businesses concurrent with the
sale and consumption of alcoholic beverages which concurrence leads to a further
increase in criminal activity, unsafe activity, and disturbances of the peace and order
of the surrounding community and creates additional hazards to the health and safety
of customers and workers and further depreciates the value of adjoining real property
harming the economic welfare of the surrounding community and adversely affecting
the quality of life, commerce, and community environment.
(32) Physical contact or touching within sexually oriented businesses and adult
entertainment establishments between workers exhibiting specified anatomical areas
and customers poses a threat to the health of both and promotes the spread of
communicable and social diseases.
(33) In order to preserve and safeguard the good order, health, morals, safety, and
general welfare of the people of the City it is necessary and advisable for the City to
regulate the conduct of owners, managers, operators, agents, workers, entertainers,
performers, and customers at sexually oriented businesses and adult entertainment
establishments.
(34) The potential dangers to the good order, morals, health, safety, and general
welfare of the people of the City posed by permitting a sexually oriented business or
City of Cape Canaveral
Ordinance No. 13 -2004
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adult entertainment establishment to operate without first meeting the requirements for
(be obtaining a license under this Article are so great as to require the licensure of such
establishments prior to their being permitted to operate.
(35) Requiring operators of sexually oriented businesses and adult entertainment
establishments to keep records of information concerning workers and certain recent
past workers as well as customer contracts and other matters and materials will help
reduce the incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by making it difficult for minors
to work at or be customers in such establishments.
} (36) Prohibiting sexually oriented businesses and adult entertainment establishments
from operating within set distances of educational institutions, religious institutions,
residences, areas zoned or designated for residential use, and parks at which minors are
customarily found, will serve to protect minors from the adverse affects of the activities
that accompany such establishments and businesses.
(37) Straddle dancing, unregulated private performances, and enclosed adult booths
in sexually oriented businesses and adult entertainment establishments have resulted
in indiscriminate commercial sex between strangers and poses a threat to the health of
the participants and promotes the spread of communicable sexually transmitted
diseases. Straddle dancing is primarily conduct rather than communication or
expression.
(38) Workers at sexually oriented businesses and adult entertainment establishments
engage in a higher incidence of certain types of unhealthy or criminal behavior than
workers of other establishments and businesses including, but not limited to, a very
high incidence of illegal prostitution or engaging in lewdness in violation of Chapter
796 of the Florida Statutes, operation without occupational licenses and illegal and
unlicensed massage.
(39) Physical contact or touching between workers of sexually oriented businesses and
adult entertainment establishments and customers poses a threat to the health of both
and promotes the spread of communicable and sexually transmissible diseases.
(40) The practice of not paying workers at sexually oriented businesses and requiring
them to earn their entire income from tips or gratuities from their customers who are
redis . osed to want sexual activit has resulted in a hi • incidence of . rostitution and
crimes related to lewdness by workers.
(41) Sexually oriented businesses involve activities that are pure conduct engaged in
for the purpose of making a profit, rather than speech or expressive activity and
City of Cape Canaveral
Ordinance No. 13 -2004
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1
a
therefore, are subject to and require increased regulation to protect the health, good
order, morals, welfare and safety of the community,
(42) Requiring sexually oriented businesses to post a listing of services provided and
restrict services to those listed as well as maintaining a customer contract and transac-
tion record in a daily register will discourage incidents of criminal behavior such as
lewdness and prostitution thereby further safeguarding the health of both workers and
customers and will assist facilitating the identification of potential witnesses or
suspects if criminal acts do occur.
(43) This ordinance shall not be construed as opting out the City of Cape Canaveral
from any County -wide Public Nudity law adopted by Brevard County, Florida.
(44) Exotic dancers have expressed concerns about contact with potentially infectious
vaginal secretions left on shared props and clothing and ejaculate deposited either on
clothing or directly on parts of a dancer's body, including her own genitalia per a report
prepared by Lewis Dr. Jacqueline and Dr. Eleanor Matickal Tyndale, Department of
Sociology and Anthropology, University of Winsor: Final Report: Erotic /Exotic
Dancing: HIV - Related Risk Factors, 1998.
(45) The general welfare, health, good order, and safety of the citizens of the City
will be promoted by the enactment of this Article.
(11; (0 Intent. It is the intent of this Article to protect and preserve the good order, health,
peace, safety, and welfare of the citizens of the City of Cape Canaveral. Except for the
locational zoning requirements, this Article regulates conduct and is not an ordinance that
affects the use of land as contemplated by Section 166.041, Florida Statutes (2003).
Authority. This Article is enacted under the constitutionally derived home rule power
of the City of Cape Canaveral in the interest of the good order, health, peace, safety, and
general welfare of the people of the City.
fel "Whereas" Clauses. It is the City Council's further intention to accomplish those
intents and purposes expressed by the City Council in the recital ( "whereas" clauses) of this
Article, each of which are incorporated by reference into this Section.
(f Speech Protection. Nothing herein shall be construed to prohibit constitutionally
protected expression or speech. This Article is intended to reasonably regulate the adult
entertainment industry and sexually oriented businesses which engage in commercial
activities involving acts or services of a sexually explicit nature or which involve acts or
services involving matters which are sexual in nature.
City of Cape Canaveral
(I; Ordinance No. 13 -2004
Page 14 of 64
Sec. 10 -88. Construction.
Cie
(g) This Article shall be construed to accomplish its purpose of reasonably regulating
sexually oriented businesses and adult entertainment establishments in order to reduce or
eliminate adverse secondary effects of such businesses and establishments. This Article is
intended to reasonably regulate such matters in order to reduce or eliminate the adverse
secondary effects of commercial establishments and businesses. The provisions of this
Article shall not be deemed to authorize a violation or limit the application of, Brevard
County's or any applicable City Code regulating public nudity at licensed beverage
establishments. The provisions of this Article shall be construed to be additional and
supplemental to the City's Code regulating public nudity at licensed beverage establishments.
The regulation of alcoholic beverage establishments is also addressed in the City Code of the
City of Cape Canaveral and other provisions of law.
L 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.
Sec. 10 -89. Obscenity /indecent exposure unlawful.
As a matter of State and Federal law, obscenity is unlawful in the City of Cape Canaveral.
Likewise, State law prohibits indecent exposure. Nothing in this Article shall be construed
to allow or permit the possession, distribution and transportation of obscene materials: to
authorize the exposing of persons under eighteen (18) years of age to motion pictures.,
exhibitions, shows, representations and presentations of specified sexual activities or persons
displaying or exhibiting specified anatomical areas: or the indecent exposure of a person as
prohibited by State law.
Sec. 10-90. Definitions.
The following words and phrases defined in this section and used in this Article shall have
the meaning herein prescribed, unless the context clearly suggests otherwise.
Adult Bookstore /Adult Video Store:
An establishment which, as its principal business purpose, sells or rents adult material
or which offers adult materials for sale or rent as a significant portion of its stock and trade.
th) Any establishment in which any one (1) or more of the following five (5) elements
occur shall be presumed to be an adult bookstore /adult video store:
City of Cape Canaveral
Ordinance No. 13 -2004
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1
Cr' al that the adult material is accessible to customers; "accessible to customers" means
that the item can be physically touched, picked up, handled by a customer before being
transferred from the control of a worker, or is visually displayed so that an adult or
child present in the store can view substantially more than its name alone; or
j that the individual items of adult material offered for sale and/or rental comprise
more than twenty -five percent (25 %) of the unused individual items publicly displayed
at the establishment as stock in trade in the following categories: books, magazines,
periodicals, other printed matter, slides, photographs, films, motion pictures,
videotapes, compact disks, computer digital graphic recordings, other visual
representations, audio recordings and other audio matter, and more than twenty -five
percent (25 %) of the total used items publicly displayed at the establishments as stock
in trade in each of the same categories set out above; or
a) the gross income each month from the sale and rental of adult material comprises
more than ten percent (10 %) of that month's gross income from the sale and rental of
the goods and material at the establishment; or
4j the floor area used to display adult material comprises more than ten percent
(10 %) of the floor area used for display of all goods and material at the establishment;
or
i
a) the establishment uses any of the following terms in advertisements or any other
promotional activities relating to the adult material: "XXX," "XX," "X," or any series
of the letter "X" whether or not interspersed with other letters, figures or characters;
"erotic" or deviations of that word; "adult entertainment," "adult books," "adult videos"
or similar phases: "sexual acts" or similar phrases; "nude" or "nudies" or similar
phrases which letters, words or phrases a reasonable person would believe to be
promotional of the purchase or rental of adult material.
a i
) In recognition of the provisions of Sections 847.013 and 847.0133, Florida Statutes,
which protects minors from exposure to obscene material, any business which is an adult
bookstore /adult video store shall have in place at each entrance to such business a sign, no
less than one (1) square foot in size, stating "Persons under 18 years of age not permitted."
Adult Booth: A separate booth inside an adult entertainment establishment or sexually
oriented business accessible to anyperson, regardless of whether a fee is charged for access.
The term "adult booth" includes, but is not limited to, a "peep show" booth or arcade, or
other booth used to view "adult material." The term "adult booth" does not include a foyer
through which any person can enter or exit the establishment or a rest room.
Adult Entertainment: One (1) or more of the following activities:
(fie City of Cape Canaveral
Ordinance No 13 -2004
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1
cal The display or exposure of any specified anatomical area by a worker to a customer
regardless of whether the worker actually engages in performing or dancing or where workers
wear or display to a customer any covering, tape, pastie, or other device which simulates or
otherwise gives the appearance of the display or exposure of any specified anatomical areas
regardless of whether the worker actually engages in performing or dancing; or
thi Providing adult material for commercial or pecuniary gain; or
Lc,) The offering, soliciting or contracting to dance or perform by a worker with or for a
customer with the acceptance of any consideration, tip, remuneration or compensation from
or on behalf of that customer; or
The dancing or performing by a worker with or within three feet (3') of a customer with
the acceptance of any consideration, tip, remuneration, or compensation from or on behalf
of that customer.
Adult Entertainment Establishment: An adult performance establishment, adult
bookstore /adult video store, adult motel, or adult theater as those terms are defined herein.,
which is operated for commercial or pecuniary gain. An establishment with an adult
entertainment license shall be presumed to be an adult entertainment establishment.
Adult Material: One (1) or more of the following, regardless of whether it is new or used:
cal Books, magazines, periodicals, or other printed matter, photographs, films, motion
pictures, videotapes, video cassettes, slides, computer digital graphic recordings, or other
visual representations, tape recordings, disks or other audio matter, which have as their
primary or dominant theme matters depicting, illustrating, describing or relating to specified
sexual activities or specified anatomical areas; or
al Instruments, novelties, devices or paraphernalia which are designed for use in
connection with specified sexual activities, excluding bona fide birth control devices.
Adult Model: Any person who, for commercial or pecuniary gain, offers, suggests, or
agrees to engage in a private performance, modeling or display of male or female lingerie,
bathing suits, under garments, or specified anatomical areas to the view of a customer.
Adult Motel: Any motel, hotel, boarding house, rooming house or similar commercial
establishment which offers accommodations to the public for any form of consideration
which advertises to the public outside of the premises of the establishment and visible from
a public right -of -way the presentation of closed- circuit television transmissions, films,
motion pictures, video tapes, video cassettes, slides or other photographic reproductions,
City of Cape Canaveral
Ordinance No. 13 -2004
Page 17 of 64
which have as their primary or dominant theme matters depicting, illustrating or relating to
C re specified sexual activities or specified anatomical areas. The term "adult motel" is included
within the definition of "adult theater."
Adult Performance Establishment:
(a) Any establishment where any worker:
W engages in a private performance, acts as an adult model, or displays or exposes
any specified anatomical areas to a customer, regardless of whether the worker engages
in dancing or any particular activity; or
(2) wears and displays to a customer any covering, tape, pastie, or other device which
simulates or otherwise gives the appearance of the display or exposure of any specified
anatomical areas, regardless of whether the worker actually engages in performing or
dancing; or
(3) offers, solicits, or contracts to dance or perform with or for a customer and
accepts any consideration, tip, remuneration or compensation from or on behalf of that
customer; or
(4. dances or performs with or within three feet (3') of a customer and accepts any
consideration, tip, remuneration, or compensation from or on behalf of that customer.
th) A bona fide private club whose membership as a whole engages in social nudism or
naturalism as in a nudist resort or camp and at which specified sexual activities do not occur
shall be presumed not to be an adult performance establishment.
(c) It is an affirmative defense to an alleged violation of this Code regarding operating an
adult performance establishment without a license if the alleged violator demonstrates that
the predominant business or attraction of the establishment is not offering to customers of
entertainment which is intended to provide sexual stimulation or sexual gratification to such
customers and the establishment and its advertising is not distinguished by an emphasis on
or the promotion of matters or persons depicting, describing, displaying, exposing,
simulating or relating to specified sexual activities or specified anatomical areas.
(di Consistent with the decision of the Supreme Court of Florida in the case of Holman
v. Carson, 250 So. 2d 891, 893 (1971), appeal dismissed 404 U.S. 981 (1971), an adult
performance establishment shall not be deemed a place provided or set apart for the purpose
of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence
of Florida Statute, § 800.03, the State's indecent exposure statute.
City of Cape Canaveral
C e Ordinance No. 13 -2004
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{
(10 Adult Theater: An establishment which consists of an enclosed building, or a portion or
part of an enclosed building, or an open -air area used for viewing by persons of films, motion
pictures, video cassettes, video tapes, slides, computer digital graphic recordings, or other
photographic reproductions which have as their primary or dominant theme, matters
depicting, illustrating or relating to specified sexual activities or specified anatomical areas.
"Adult motels," and "adult booths" are included within the definition of "adult theater."
Adult Video Store: See "Adult Bookstore."
Alcoholic Beverages: All beverages containing more than one (1) percent of alcohol by
weight. It shall be prima -facie evidence that a beverage is an alcoholic beverage if there is
proof that the beverage in question was or is known as beer, wine, whiskey, moonshine
whiskey, moonshine, shine, rum, gin, tequila, bourbon, vodka, scotch, scotch whiskey,
brandy, malt liquor, or by any other similar name or names, or was contained in a bottle or
can labeled as any of the above names, or a name similar thereto, and the bottle or can bears
the manufacturer "s insignia, name, or trademark. Any person who, by experience in the
handling of alcoholic beverages, or who by taste, smell, or drinking of such alcoholic
beverages has knowledge of the alcoholic nature thereof, may testify as to his opinion about
whether such beverage is an alcoholic beverage.
Commercial Bodily Contact:
fal The manipulation, washing, scrubbing, stroking, or touching, for commercial or
pecuniary gain, of the body of another person directly, or indirectly through a medium or
using any object, instrument, substance, or device between a worker and a customer.
0.1 The following persons engaged in the bona fide performance of the following activities
shall not be deemed to be engaging in commercial bodily contact for the purposes of this
Article when they are engaged in the bona fide practice of their occupation or profession:
a) Persons licensed as a massage therapist or apprentice massage therapist pursuant
to Chapter 480, Florida Statutes, when providing massage services in an establishment
licensed under Chapter 480, Florida Statutes.
al Persons licensed under the laws of the State of Florida to practice medicine,
surgery, osteopathy, chiropody, naturopathy, or podiatry.
.) Persons licensed under the laws of the State of Florida as a physician's assistant
or nurse.
14,) Persons holding a drugless practitioner's certificate under the laws of the State of
Florida.
Coe f
City of Cape Canaveral
Ordinance No 13 -2004
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1
a) Persons licensed as barbers or cosmetologists under the laws of the State of
Florida.
Persons performing authorized services in a hospital, nursing home, sanitarium,
adult congregate living facility, group home, day care center, or similar place of
business when owned and operated in accordance with the laws of the State of Florida.
0 Persons who are instructors, coaches, or athletic trainers employed by, or on
behalf of, any professional, amateur, Olympic, or similar athletic team engaging in
bona fide athletic events, or when employed by a governmental entity or a bona fide
educational institution.
(8) Persons licensed as physical therapists under the laws of the State of Florida.
Commercial Bodily Contact Establishment: Any establishment, business, or place
operated for commercial or pecuniary gain or where for any form of consideration workers
or customers engage in commercial bodily contact or any establishment, business or place
any portion of which is set aside, advertised, promoted or used as a place where commercial
bodily contact occurs or which is described or depicted as a "body scrub salon," "body wash
salon," or "body relaxation salon."
Commercial or Pecuniary Gain: Operated for commercial or pecuniary gain shall be
presumed for any establishment which has received an occupational license. For the
C re purposes of this Article, operation for commercial or pecuniary gain shall not depend on
actual profit or loss. An establishment which has an occupational license or an establishment
which advertises itself as a type of adult entertainment establishment shall be presumed to
be "operated for commercial or pecuniary gain."
Commercial Establishment: Any business, location, or place which conducts or allows to
be conducted on its premises any activity for commercial or pecuniary gain.
Conviction: A determination of guilt resulting from plea or trial, regardless of whether
adjudication was withheld or whether imposition of sentence was suspended.
Customer:
fa) Any person present at an adult entertainment establishment or sexually oriented
business, other than operators or workers, regardless of whether the person has given or paid
any consideration to be present at the adult entertainment establishment or sexually oriented
business and regardless of whether the person has paid any money for goods or services at
or to the adult entertainment establishment or sexually oriented business.
City of Cape Canaveral
(If Ordinance No. 13 -2004
Page 20 of 64
,(l Any person, excluding a worker or operator, who has paid, or has offered, agreed, been
(re solicited, or had someone else offer or agree on that person's behalf to pay any consideration,
fee, or tip to an operator or worker of an adult entertainment establishment or sexually
oriented business.
Educational institution: A premises or site upon which there is an institution of learning
for minors, whether public or private, which conducts regular classes and/or courses of study
required for eligibility to certification by, accreditation to, or membership in the State
Department of Education of Florida, Southern Association of Colleges and Secondary
Schools, or the Florida Council of Dependent Schools. The term "educational institution"
includes a premises or site upon which there is a nursery school, kindergarten, elementary
school, junior high school, senior high school, or any special institution of learning, a
vocational institution, professional institution, an institution of higher education, a
community college, junior college, four (4) year college or university.
Entity: Any proprietorship, partnership, corporation, association, business trust, joint
venture, joint -stock company or other for profit and/not for profit organization by whatever
name, title or description.
Escort: Any person who, for commercial or pecuniary gain, compensation or tips, agrees
to, offers to go, or goes to any place, including, but not limited to, a business, hotel, motel,
residence, boat, vessel, motor vehicle, or other mode of transportation to do any of the
Coe following acts:
(a,) act as a companion or date for, or converse with a customer;
bL..) engage in commercial bodily contact with another person;
Lc,) engage in a private performance;
j) engage in adult modeling or act as an adult model;
del display specified anatomical areas, strip naked, or go topless; or
fl engage in any specified sexual activity.
Nothing in this definition shall be construed to legalize prostitution or other conduct
prohibited by this Code or other law. Workers of a licensed adult performance establishment
for whom worker records are maintained pursuant to this Article are excluded from the
definition of escort when engaged in the expressive display of specified anatomical areas at
a licensed adult performance establishment.
C
City of Cape Canaveral
Ordinance No. 13 -2004
Page 21 of 64
An escort who is a paid employee type worker of an escort service for whom taxes and social
(01 ti security payments are withheld and paid by the escort service, and who is not an independent
contractor, is not required to obtain his or her own sexually oriented business license for
activities conducted pursuant to employment with the escort service.
Escort Service: A person, business, establishment, or place operated for commercial or
pecuniary gain, which advertises as an "escort", "escort service" or "escort agency" or
otherwise offers or advertises that it can furnish escorts, a private performance, or adult
models: or offers or actually provides, arranges, dispatches, or refers workers or themselves
to act as an escort or engage in a private performance for a customer. It is an affirmative
defense to an alleged violation of this code regarding escort services if the alleged violator
is a bona fide dating or matching service which arranges social matches or dates for two (2)
persons who each wish to meet a compatible companion when neither of said persons
solicits, accepts, or receives any financial gain or any monetary tip, consideration, or
compensation for the meeting or date is not an escort service.
Establishment: Any place, site, or premises, or portion thereof, upon which any person,
corporation, or business conducts activities or operations for commercial or pecuniary gain
including, but not limited to, any place, site or premises from where an escort service
dispatches or refers workers to other locations or at which an escort service receives business
calls from customers.
Law Enforcement Officer: An officer who is on official duty for any law enforcement
c er agency.
Licensee: Any person, corporation, partnership, or other entity whose application for an
adult entertainment establishment or sexually oriented business license has been granted and
any person, corporation, partnership or other entity who owns or operates or controls the
establishment or business.
Operator: Any person who engages in or performs anv activity which is necessary to or
which facilitates the operation of a sexually oriented business or an adult entertainment
establishment including, but not limited to, the licensee, manager, owner, doorman, bouncer,
bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist,
attendant or supervisor.
Park: A tract of land within any jurisdiction which is kept for ornament or recreation and
which is maintained as public property including, but not limited to, a playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas or other similar public land.
Person: Includes, but is not limited to an individual, associations, joint ventures,
City of Cape Canaveral
(mor Ordinance No 13 -2004
Page 22 of 64
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and any and
all other similar entities and all officers, directors and principal stockholders of such associa-
tions, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations or other similar entities.
Police Chief: The Chief of Police and/or precinct supervisor of the City of Cape Canaveral,
Florida.
Private Performance: Modeling, posing, or the display or exposure of any specified
anatomical area by a worker to a customer while the customer is in an area not accessible
during such display to all other persons in the establishment or, while the customer or worker
is in an area which is not on the premises of the establishment, or in which the customer or
worker is totally or partially screened or partitioned during such display from the view of
persons outside of the area.
Sexual Encounter Business:
L, Any person or entity which for any form of consideration or remuneration or which
charges an admission fee and provides a place for the purpose of providing, encouraging or
allowing three (3) or more persons to engage in any specified sexual activity among
themselves or with other persons.
LW The following shall be presumed not to be a sexual encounter business: (1) a bona fide
private club whose membership as a whole engages in social nudism or naturalism as in a
nudist resort or camp and at which specified sexual activities do not occur, (2) a State
licensed sexual therapist, and (3) a bona fide hotel or motel licensed by the State.
Sexual Gratification: Means the engaging in or committing of an act of sexual intercourse,
oral - genital contact, masturbation, or the touching of the covered or uncovered sexual organ,
pubic region, buttock, breast, chest or inner thigh of a person, any of which is for the purpose
of arousing or gratifying the sexual desire of another person.
Sexual Stimulation: Means either to excite or arouse the prurient interest or to offer,
propose, solicit, or suggest to provide an act of sexual gratification to a customer, including
but not limited to all conversations, statements, advertisements and acts which would lead
a reasonable person to conclude that an act of sexual gratification was to be provided.
Sexually Oriented Business: A commercial bodily contact establishment, escort service,
or sexual encounter business. A business shall be a sexually oriented business, whether
services are provided on the premises of an establishment or on an out call basis at any other
place and regardless of whether such business is licensed under this Article. A business with
a sexually oriented business license shall be presumed to be a sexually oriented business.
City of Cape Canaveral
C Ordinance No. 13 -2004
Page 23 of 64
An individual operating a sexually oriented business is subject to the provisions of this
C-ov Article notwithstanding the fact that services are being provided at or from a residence,
motor vehicle, vessel or any other location and a license ursuant to this Article is required
P q
unless the individual is a paid employee for whom taxes and social security payments are
withdrawn and paid by the licensed establishment, worker records are maintained, and the
individual is not an independent contractor.
Specified Anatomical Areas: (Editor's note: The source of the footnotes below is The New
Webster's Medical Dictionary (Bolander, 1991). The definitions of terms set forth in the
footnotes are a material part of this Article and apply to the use of the term each time it is
used in this Article.)
(a) Any of the following in a state that is less than completely and opaquely covered:
W the male or female genitals';
the male or female pubic area
Q) the vulva
(j) the anus
a) the penis
0) the scrotum':
a) the cleavage of the buttocks;
) the buttocks;
the anal' cleft:
(10) the anal cleavage;
ill) the breast of a female;
'Genitals, Genitalia - Organs of the reproductive system, especially the external organs.
2 Pubic Area - (1) Pubes, the pubic region; the anterior region of the innominate bone covered with pubic hair; os
pubis. (2) Pubic, pertaining to the pubes. (3) Pubis, pubic bone, or the innominate bone.
'Vulva - External female genitalia, including the mons pubis, labia majora and minora, clitoris and vestibule of the
vagina.
° Anus - Outlet of the rectum leading from the bowel.
'Penis - The male organ for urination and copulation, a pendulous structure that is suspended from the front and the
sides of the pubic arch.
'Scrotum - The external double pouch that contains the testicles.
'Anal - A ring, pertaining to the rectal opening; near the anus.
'Breast - A portion of the human female mammary gland (commonly referred to as the female breast) including the
nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland
wherein such outside area is: (i) reasonably compact and contiguous to the areola, and (ii) contains at least the nipple
and the areola and one - fourth of the outside surface area of such gland. The female breast shall not include any portion
of the cleavage between the human female breasts typically exhibited by a dress, blouse, shirt, leotard, bathing suit, or
other wearing apparel, provided that the areola is not exposed.
City of Cape Canaveral
Ordinance No 13 -2004
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1
(12) human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
(b) Body paint, body dyes, tattoos, liquid latex whether wet or dried, dental floss, G-
Strings, thongs, and similar coverings shall not be considered an opaque covering.
Specified criminal act:
(a) A violation of this Article;
N Any felony not otherwise specified in this definition;
(c) An offense under Chapter 794, Florida Statutes (Sexual Battery);
(d) An offense under Chapter 796, Florida Statutes (Prostitution);
(el An offense under Chapter 800, Florida Statutes (Lewdness; Indecent Exposure);
(0 An offense under Chapter 826, Florida Statutes (Bigamy: Incest);
(g) An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity); or
cif
(h) An offense against an analogous Federal statute or the statutes of a state other than
Florida, or an analogous ordinance of another county or city.
Specified sexual activities: (Editor's note: The sources for the footnotes below are (1)
Taber's Cyclopedic Medical Dictionary, T.A. Davis Co., Philadelphia, 1997 (ed. 18): (2)
Oxford Dictionary of the English Language (multi - volume); (3) Florida Statutes. The
definitions of terms set forth in the footnotes are a material part of this Article and apply to
the use of the term each time it is used.)
(a) human genitals in a state of sexual stimulation, arousal or tumescence; or
Lb,) acts of human anilingus bestiality buggery", cunnilingus' coprophagy'
9 Anilingus - Oral stimulation of the anus by use of the tongue or lips.
10 Bestiality - (1) Use of animals for sexual enjoyment or any sexual act between a person and an animal involving
the sex organ of the one and the mouth, anus, penis or vagina of the other.
"Buggery - Sodomy.
' - Sexual activity in which the mouth and tongue are used to stimulate the female genitalia.
"Coprophagy - The eating of excrement.
(09 City of Cape Canaveral
Ordinance No 13 -2004
Page 25 of 64
coprophilia fellatio flagellation masochism'', masturbation",
necrophilia ,pederasty sadism sadomasochism', sapphism sexual
intercourse', sodomy', urolagnia or zooerasty or
ic) fondling or other touching of human genitals, pubic region, any part of the buttocks.,
anus or female breast; or
( oral, anal, or vaginal penetration by, or union with, the sexual organ or any other part
of the body of another;
( anal or vaginal penetration of another or oneself with any object., or
(„f the handling or fondling of the sexual organ of another for the purpose of masturbation
directly or through a medium., or
(g) excretory functions as part of or in connection with any of the activities set forth in
subsections (a) through (f).
Straddle Dance:
(al The use by a worker of any part of his or her body to touch the genital or pubic area of
another person, or the touching of the genital or pubic area of any worker by anotherperson;
or the straddling of the legs of a worker over any part of the body of a customer at the
14 Coprophilia - An abnormal interest in feces.
"Fellatio - Oral stimulation of the penis.
16 Flagellation - Whipping or a massage by strokes which is a form of sexual aberration in which the libido is
stimulated by whipping oneself, being whipped, or whipping someone else.
"Masochism - Sexual excitement by being humiliated or hurt by another or a sexual perversion in which one takes
delight in being dominated, even to the extent of violence or cruelty, by another person.
18 Masturbation - Stimulation of genitals or other erogenous areas by some means other than sexual intercourse, such
as a hand or object.
"Necrophilia - Sexual intercourse with a dead body.
20 Pederasty - Anal intercourse between a man and a young boy.
21 Pedophilia - Fondling of children or any other sexual relations with a child.
'Sadism - Sexual pleasure derived from inflicting mental or physical pain on others.
23 Sadomasochism - Sexual pleasure related to sadism and masochism.
24 Sapphism - Lesbianism, i.e., the unnatural sexual relationship between women such as cunnilingus, anilingus,
masturbation, etc.
'Sexual intercourse - Sexual union between a man and a woman by insertion of the penis into the vagina.
"Sodomy - Anal intercourse.
27 Urolagnia - Sexual excitation associated with urination (e.g., watching another person urinate or having another
person urinate on one's own body.)
28 Zooerasty - Bestiality.
City of Cape Canaveral
(111; Ordinance No. 13 -2004
Page 26 of 64
establishment, regardless of whether there is a touch or touching: or the use by a worker, of
(.„ any part of his or her body to touch the genital, pubic region, buttock, anus or female breast
of another person while at the establishment, or the touching of the genital, pubic region,
buttock, anus or female breast of any worker by a customer while at the establishment.
£, Conduct shall be a "straddle dance" regardless of whether the "touch" or "touching"
occurs while the worker is displaying or exposing any specified anatomical area.
fc,2 Conduct shall also be a "straddle dance" regardless of whether the "touch" or
"touching" is direct or through a medium.
Lcu The terms "lap dance," "table dance," and "face dance" are included within the term
"straddle dance ".
Worker: A person who works, performs, or provides services at an adult entertainment
establishment or at or for a sexually oriented business, irrespective of whether said person
is paid a salary or wage and shall include, but is not limited to, employees, independent
contractors, subcontractors, lessees, or sub - lessees who work or perform at an adult
entertainment establishment or at or for a sexually oriented business. An operator is a type
of worker.
Sec. 10-91. Notice.
Any notice required under this Article shall, unless otherwise provided in this Article, be
accomplished by posting upon the subject premises and/or 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 City Manager
or his designee has been otherwise notified in writing.
Sec. 10-92. Penalties /remedies /relief,
Any person violating any of the provisions of this Article shall be prosecuted in the same
manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name
of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting
attorney thereof and, upon conviction, shall be punished by a fine not to exceed Five
Hundred and No /100 Dollars ($500.00) or by imprisonment in the County jail not to exceed
sixty (60) days or by both fine and imprisonment as provided in Section 162.22, Florida
Statutes (2003). Each incident or separate occurrence of any act that violates this Article
shall be deemed a separate offense. In addition to the penalties provided under this section,
violators of this Article shall be subject to any other appropriate civil or criminal action
rovided b law in a court of com e etent ' urisdiction includin . but not limited to in'unctive
relief and actions under Chapter 162, Florida Stdtutes.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 27 of 64
Sec. 10-93. License required.
(Ire
a Requirement. It is unlawful for any person to operate or to be an of or worker operator 9 Yp p P
at a sexually oriented business or an adult entertainment establishment which has not first
obtained a license which is applicable for said establishment or business pursuant to this
Article: or to continue to operate or be an operator of or worker at a sexually oriented
business or an adult entertainment establishment where that person knows or has reason to
know that the license of the establishment or business is under suspension, has been revoked
or has lapsed. The operation of a sexually oriented business or an adult entertainment estab-
lishment without a valid license, where applicable, is unlawful and shall be grounds for the
closing of the establishment or business upon a finding of fact by a court or other body with
proper jurisdiction that the establishment does not have a valid license.
al Licensing Office. Unless the City Manager designates in writing an office to
administer theprovisions of this Article, the City Manager shall serve as the licensing office.
The City Manager may modify his designation from time to time in writing. When the
phrase "City Manager or his designee" is used in this Article, the designee referred to shall
be the City Manager or any other office designated in writing, pursuant to this Subsection.
fc) Classifications. Adult entertainment establishment and sexually oriented business
licenses referred to in this Article shall be classified as follows:
LU Adult bookstore /adult video store;
Adult performance establishment;
Q Adult motel;
Adult theater;
LS) Commercial Bodily Contact Establishment; or
Escort Service.
up Single License /Single Classification of License. Only one (1) license may be issued
for a location or any single building and only under a single classification.
Sec. 10-94. Responsibilities of other offices and departments.
The City Council is the legislative branch of the City of Cape Canaveral government.
Ultimate responsibility for the administration of this Article is vested in the City Manager
or his designee as set forth in this Article. Other departments having responsibility under this
Article are as follows:
City of Cape Canaveral
Ordinance No. 13 -2004
Page 28 of 64
11
Cal The City Manager or his designee is responsible for granting, denying, revoking,
renewing, suspending and canceling a license issued under this Article.
l The Police Chief is responsible for verifying information contained on applications for
inspecting proposed or existing adult entertainment establishments and sexually oriented
businesses in order to ascertain compliance with applicable criminal statutes and ordinances
including, but not limited to, those set forth in this Article, for determining whether license
applicants have been convicted of a felony or a specified criminal act within the previous five
(5) years and for enforcing applicable criminal statutes and ordinances including, but not
limited to those set forth in this Article.
Lc) The Building Official is responsible for inspecting establishments in order to ascertain
compliance with all applicable building codes, statutes, ordinances and regulations.
CM The Fire Chief is responsible for inspecting establishments and businesses in order to
ascertain compliance with all applicable fire codes, statues, ordinances and regulations.
fel The City Planner is responsible for ascertaining whether the location of proposed
sexually oriented businesses or adult entertainment establishments comply with all
separation, distance, zoning and location requirements of the Land Development Regulations
of the City of Cape Canaveral and set forth in this Article and whether compliance with all
applicable zoning regulations and land use laws is maintained.
Sec. 10 License application and application fee.
Any person desiring to engage in the business of operating an adult entertainment establish -
ment or a sexually oriented business shall file with the City Manager or his designee a sworn
application on forms supplied by the City. The application shall contain the information and
documents as provided in this Article and shall be accompanied by an application fee as
established in this Article. The application shall be signed by the applicant and verified by
the applicant before an officer authorized to take oaths and acknowledgments.
Sec. 10 Contents of application.
The completed application, shall be accompanied by the following documents and shall
be accompanied by a non - refundable application fee of TWO HUNDRED AND NO /100
DOLLARS ($200.00) which shall be used to defray the costs of the application review
process by various offices and departments: provided, however, that the fee shall be applied
as a credit toward the annual license fee for licensing under this Article:
al If the applicant is:
LU an individual, the individual shall state his or her legal name to include any and
City of Cape Canaveral
(11;f' Ordinance No. 13 -2004
Page 29 of 64
all aliases, residential street address, residential telephone number, an address where
all correspondence from the City should be mailed, and submit proof that he is eighteen
(18) years of age by providing a copy of a valid driver's license, voter's registration card
or another State issued identification card; or a certified copy of a birth certificate; or
GI a partnership or trust, the partnership or trust shall state its complete name, and
the names, residential street addresses, and telephone numbers of all partners, whether
the partnership is general or limited or trustees, the name and residential street address
of at least one (1) person authorized to accept service of process and, if in existence,
a copy of the partnership agreement; or
al a corporation, the corporation shall provide a copy of its articles of incorporation
stating its complete name, the date of its incorporation, evidence that the corporation
is in good standing, the names, residential street addresses, telephone numbers and
capacity of all officers and directors, and, if applicable, the name of the registered
corporate agent and the legal street address of the registered office for service of
process; or
any other entity, the entity shall state its complete name, the date of formation,
the names, residential address, telephone numbers and capacity of all principal owners,
and the name and residential street address of one (1) person authorized to accept
service of process.
Cro, fcl If the applicant intends to conduct activities in the establishment or business under a
name other than that of the applicant, the applicant shall state the establishment's or business'
fictitious name or names and the county of registration under Section 865.09, Florida
Statutes, or its successor and all business names and telephone numbers to be used by the
establishment or business.
The applicant shall state whether the applicant or any of the other individuals listed on
the application has, within the five (5) 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.
fel The applicant shall state whether the applicant or any of the other individuals listed
pursuant to subsection (b) has had a previous license under this Article suspended or revoked
including the name and location of the establishment for which the license was suspended
or revoked, the date of the suspension or revocation, and whether the applicant or any other
individuals listed pursuant to subsection (b) has been a partner in a partnership or an officer,
director or principal stockholder of a corporation whose license under this Article has
• reviousl been sus. ended or revoked includin . 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.
City of Cape Canaveral
c Ordinance No. 13 -2004
Page 30 of 64
fh The applicant shall state whether the applicant or any other individuals listed pursuant
to subsection (b) holds any other licenses under this Article and if so, the names and
locations of such other licensed establishments.
(0 The applicant shall state the single classification of license for which the applicant is
filing.
lb) The applicant shall state the location of the proposed establishment or business
including a street address, the name and address of the real property owner of the site, a
notarized statement of consent from the real property owner authorizing a sexually oriented
business or adult entertainment establishment on the site, and a legal description of the
property on which the establishment is to be located.
al The applicant shall provide the names of the workers for the proposed establishment
or business, if known, or, if presently unknown a statement to that effect.
The applicant shall submit a plan drawn to appropriate scale of the proposed licensed
premises indicating the areas to be covered by the license, all windows, doors, entrances and
exits and the fixed structural features, walls, stages, partitions, projection booths, admission
booths, adult booths, concession booths, stands, counters and similar structures of the
establishment or business to which the proposed license pertains. The term "fixed structural
features" shall include immovable partitions and counters and similar structures that are
intended to be permanent.
Q) The applicant shall provide a mailing address, and, if different, a designated return
address where all future correspondence from the City may be sent and the applicant's tele-
phone number where communications and inquiries can be made.
11) The applicant shall provide a recent color photograph of the applicant in passport size
if an individual and of each officer and director if a partnership, corporation or other similar
entity.
gym) The applicant shall provide the weight, height, color of eyes, date of birth and gender
of the applicant if an individual and of each officer, director or owner if a partnership,
corporation or other similar entity.
fral The applicant shall provide the applicant's social security account number or employer's
tax identification number and either the applicant's drivers license number or the number of
a Federal or State issued identification card if an individual and of each officer and director
or owner if a partnership, corporation or other similar entity.
fai The applicant shall provide a complete set of the applicant's fingerprints if an individual
and of each officer and director or owner if a partnership, corporation or other similar entity.
CO' City of Cape Canaveral
Ordinance No. 13 -2004
Page 31 of 64
cpj The applicant shall provide a copy of the most recent lease or deed of conveyance,
(sr, whichever is applicable, indicating the applicant's interest in the proposed establishment.
g) The applicant shall provide a statement of the hours of operations of the establishment
or business.
It is unlawful for any person applying for an adult entertainment establishment or
sexually oriented business license to make a false statement which is intended to facilitate
the issuance of a license or to provide false information which is intended to facilitate the
issuance of a license.
Sec. 10-97. Continuing duty /false or misleading information.
fal Each applicant shall be under a continuing duty and obligation to disclose to the City
Manager or his designee any and all changes or alterations in the information or disclosures
required by this Article. It is the duty of each applicant to correct changed, false or erroneous
information provided in an application. It is unlawful for an applicant to fail to disclose
changes in information provided or to fail to correct false or erroneous information given in
an application immediately upon the applicant knowing or being in such a position that he
or she should have known that the information provided has changed or was false or
erroneous when provided.
It is unlawful for any person applying for an adult entertainment establishment or
sexually oriented business license to make a false or misleading statement or provide false
or misleading information which is intended to facilitate the issuance of a license.
Sec. 10 -98. Consent.
By applying for a license under this Article, the applicant shall be deemed to have consented
to the provisions of this Article.
Sec. 10-99. Investigation of applicant.
Upon receipt of an application properly filed with the City Manager or his designee and upon
payment of the non - refundable application fee, the application shall be time and date stamped
and a copy of the application shall be forwarded to the Police Chief, the Fire Chief, the
Building Official, and the City Planner. Each recipient entity shall promptly conduct an
investigation of the applicant, application and the proposed establishment within fifteen (15)
days from the date that the application was filed. Incomplete applications shall be returned
to the Applicant for completion before a final decision is rendered under Section 10 -100. At
the conclusion of its investigation, each recipient entity shall indicate to the City Manager
or his designee its investigative findings relating to the application and the reasons therefor.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 32 of 64
Sec. 10 -100. Issuance or denial of license.
Upon the completion of the investigation and a review of the application as required;
upon determination that the applicant meets the requirements of this Article and upon
paym of the appropri ate license fee by the Applicant, the Ci Manager or his designee
shall within thirty (30) days of the application being filed issue the license.
al If after review and investigation as provided herein the City Manager or his designee
determines that one (1) or more of the reasons for denial set forth in Section 10 -101 exist,
the application shall be denied, within thirty (30) days of the date that the application is filed,
and the City Manager or his designee shall issue a written and dated notice of the denial and
the reasons therefor. A copy of the notice shall be sent to the applicant by certified mail to
the designated return address on the application within five (5) days of the date of denial.
The denial of an application shall be final. No further exhaustion of administrative
remedies shall be necessary for judicial review of the administrative action.
(d,) An applicant whose application is denied may immediately appeal as a matter of right
to a court of competent jurisdiction, which court shall promptly review and decide said
application.
Sec. 10 -101. Reasons for denial of application of license.
The application for a license shall be denied if one (1) or more of the following reasons is
found:
fal The application does not comply with the requirements of this Article and statutes
expressly made applicable to adult entertainment and sexually oriented businesses such as
Section 847.0134, Florida Statutes.
The application contains material false information.
The applicant or any of the individuals stated in Section 10 -96 of this Article has a
license under this Article which is under suspension.
The applicant or any of the individuals stated in Section 10 -96 of this Article is or was
at the time of suspension an officer, director or principal stockholder in an entity who has a
license under this Article which is under suspension.
f e) The applicant or any of the individuals stated in Section 10 -96 of this Article had a
license under this Article which had been revoked within the preceding two (2) years, if a
first revocation; within the preceding four (4) years if a second revocation: and within a
preceding six (6) years if a third revocation.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 33 of 64
(f The applicant or any of the individuals stated in Section 10 -96 of this Article is or was
Cr' at the time of revocation an officer, director or principal stockholder in an entity who had a
license under this Article which had been revoked within the preceding two (2) years, if a
first revocation; within the preceding four (4) years if a second revocation; and within a
preceding six (6) years if a third revocation.
The applicant has operated an adult entertainment or sexually oriented business
determined to be a State law "public nuisance" within the preceding year.
fill The applicant has not timely paid taxes, fees, fines, and penalties due and owing the
City.
Sec. 10 -102. Reapplication after denial.
The applicant may not reapply for a license for a period of nine (9) months from the date of
denial unless there has been an intervening change in the circumstances which may lead to
a different decision regarding the former reason(s) for denial.
Sec. 10 -103. Annual license fee.
01 There shall be collected under this Article annual license fees for the following
classifications of adult entertainment establishments and sexually oriented businesses:
al Adult bookstore /adult video store - SEVEN HUNDRED FIFTY AND NO /100
DOLLARS ($750.00);
f2,) Adult theater - SEVEN HUNDRED FIFTY AND NO /100 DOLLARS 6750.00W
al Adult performance establishments - SEVEN HUNDRED FIFTY AND NO /100
DOLLARS ($750.00);
14 Adult motel - SEVEN HUNDRED FIFTY AND NO /100 DOLLARS 675Q00
Commercial bodily contact establishment - SEVEN HUNDRED FIFTY AND
NO /100 DOLLARS ($750.00); and
01 Escort Service - SEVEN HUNDRED FIFTY AND NO /100 DOLLARS
($750.00).
01 The annual license fees are declared regulatory in nature, collected for the purpose of
examination and inspection of adult entertainment establishments and sexually oriented
businesses under this Article and the administration thereof. This annual license fee is
hereby declared to be revenue neutral in that the City will incur a greater annual cost to
City of Cape Canaveral
Ordinance No. 13 -2004
Page 34 of 64
license and monitor an adult entertainment establishments and sexually oriented businesses
(of compliance with this Article These regulatory fees are in addition to, and not in lieu of, the
occupational licenses taxes imposed by the Cape Canaveral City Code or State law and other
land development or regulatory fees associated with general commercial activities and
locations.
Sec. 10 -104. Contents of license, term of license, renewals, expiration, lapse,
nonconforming establishments.
( Contents. An adult entertainment establishment or sexually oriented business license
shall state on its face the name of the licensee, the name of the establishment, the street
address of the establishment, the classification of the license, the date of issuance, and the
date of expiration.
LW Term. All licenses issued under this Article shall be annual licenses which shall
commence running on October 1, on which date they shall have been paid for and shall
expire on September 30 of the following year If a license is issued after October 1, but by
March 31 of the following year, the applicant shall pay the appropriate license fee in full.
If a license is issued after March 31, but by October 1 of the same year the applicant shall
pay one -half the appropriate license fee.
Expiration/Renewal /Lapse. Each license shall expire on September 30 of each year
F I L and may be renewed only by making an application for a license in accordance with the
provisions of this Article. Applications for renewal shall be made at least thirty (30) days
before the expiration date of the license. The City Manager or his designee shall issue or
deny the renewal application within thirty (30) days of the application being filed. Failure
to make application at least thirty (30) days before the expiration date will not suspend the
expiration of the current license and could result in a final determination on the renewal
application after the commencement of the new license year on October 1. If the application
for a renewal is denied, the applicant may immediately appeal to a court of competent
jurisdiction, which court shall provide a prompt judicial review and decision on said appeal.
Lin Nonconforming Establishments. Unless expressly provided otherwise in this Article,
the nonconforming status of any adult entertainment and sexually oriented business shall be
governed by the nonconforming uses of land and uses of structures provisions of the City's
Land Development Code.
Sec. 10 -105. Records and reports.
Each licensee shall keep such records and make such reports as may be required by this
Article.
Sec. 10 -106. Transfer of license.
City of Cape Canaveral
(10; Ordinance No. 13 -2004
Page 35 of 64
4
It is unlawful for a licensee to transfer his, her or its license to another person or entity or
cee surrender possession, control, and operation of the licensed establishment to such other
person or entity.
Sec. 10 -107. Establishment name change.
It is unlawful for a licensee to change the name of an adult entertainment establishment or
sexually oriented business unless and until the City Manager or his designee is given thirty
(30) days' notice in writing of the proposed name change and any and all changes or
alterations in the information or disclosures required by this Article are submitted to the City.
Sec, 10 -108. Suspension and Revocation of License.
La) For purposes of this Section 10 -108, the term "violation" shall mean an incident having
occurred at, or by, an adult entertainment establishment or sexually oriented business which
is prohibited by the provisions of this Article or made unlawful by Chapters 561, 562, 563.,
564, 565, 794, 796, 800, 826, 827, 847, 893 or 895, Florida Statutes, or an analogous federal
statute.
Lbj Inspection of Records and Premises. In the event that the City Manager or his designee
determines that the licensee or an operator at or of the licensee has refused to allow any
inspection of records or premises as required by this Article; the City Manager or his
designee may suspend the license for a period not to exceed thirty (30) days or until the
licensee makes the records or premises available for inspection, whichever time period is
greater.
(I;
c Suspension. The following suspension procedure shall apply when the City Manager
L P g P P PP Y Y g
determines the violations have occurred without the licensee's knowledge. The City
Manager or his designee shall suspend a license when he or his designee determines that any
one (1) of the following has occurred:
W In the event three (3) or more violations occur within a two (2) year period, and
convictions result from at least three (3) of the violations, the City Manager or his
designee shall, upon the date of the third conviction, notify the licensee that the license
shall be suspended for a period of thirty (30) days unless good cause is shown in
accordance with this Article, that the violations have not occurred. For purposes of
calculating this two (2) year period, the two (2) year period shall be deemed to be those
twenty -four (24) months occurring immediately prior to the violation occurrence date
for which the thirty (30) day suspension is sought.
g2,2 In the event one (1) or more violations occur within a two (2) year period from
the date of the last violation occurrence date from which the conviction resulted in a
thirty (30) day suspension pursuant to subsection (c)(1), but not including any time
during which the license was effectively suspended, and a conviction results from one
(1) or more of the violations, the City Manager or his designee shall, upon the date of
the latest conviction, provide notice to the licensee that the license shall be suspended
City of Cape Canaveral
C o' Ordinance No. 13 -2004
Page 36 of 64
for a period of ninety (90) days unless good cause is shown in accordance with this
Article that the violation has not occurred.
Qj In the event one (1) or more violations occur within a two (2) year period from
the date of the last violation occurrence date from which the conviction resulted in a
ninety (90) day suspension pursuant to subsection (c)(2), but not including any time
during which the license was effectively suspended, and a conviction results from one
(1) or more of the violations, the City Manager or his designee shall, upon the date of
the latest conviction, provide notice to the licensee that the license shall be suspended
for a period of One Hundred Eighty (180) days unless good cause is shown in
accordance with this Article that the violation has not occurred.
cm Revocation. The following revocation procedure shall apply when the City Manager
determines the violations have occurred with the licensee's knowledge. The City Manager
or his designee shall revoke a license when he or his designee determines that any one (1)
of the following has occurred:
The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 10 -96(b) of this Article, gave false or misleading
information in the material submitted during the application process.
The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 10 -96(b) of this Article has knowingly allowed
possession, use, or sale of controlled substances on the premises of the establishment
or business or when with a customer.
3 The licensee or any person on its or his � y p o i behalf or any person listed on the
application pursuant to Section 10 -96(b) of this Article has knowingly allowed
prostitution on the premises of the establishment or business or when with a customer.
al The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 10 -96(b) of this Article knowingly operated the adult
entertainment establishment or sexually oriented business during a period when the
licensee's license was suspended.
U)) Except in the case of an adult motel, the licensee or any person on its or his behalf
or any person listed on the application pursuant to Section 10 -96(b) of this Article has
knowingly allowed any specified sexual activities to occur on the premises of the
establishment or business.
06) The adult entertainment or sexually oriented business has been declared a public
nuisance under State law by a court of competent jurisdiction.
Effective Dates of Suspensions and Revocations.
al Except as otherwise provided in this Article, all periods of suspension and
revocation shall become effective fifteen (15) days after the City Manager or his
ce City of Cape Canaveral
Ordinance No. 13 -2004
Page 37 of 64
designee posts the notice of suspension or revocation at the licensee's establishment,
C re or on the date that the licensee turns in his, her or its license, whichever happens first.
Lal The suspension or revocation shall be abated in the event that the licensee files
a timely challenge to the suspension or revocation in accordance with the procedures
set forth in this Article or upon order of a court of competent jurisdiction.
al If an adult entertainment establishment or sexually oriented business license is
revoked for the first time, the licensee shall not be issued another adult entertainment
establishment or sexually oriented business license for a period of two (2) years
running from the date the revocation actually takes effect after all abatement periods
have lapsed.
If an adult entertainment establishment or sexually oriented business license is
revoked for the second time, the licensee shall not be issued another adult
entertainment establishment or sexually oriented business license for a period of four
(4) years running from the date the revocation actually takes effect after all abatement
periods have lapsed.
al If an adult entertainment establishment or sexually oriented business license is
revoked for the third time, the licensee shall not be issued another adult entertainment
establishment or sexuall oriented business license for a . eriod of six 6 ears runnin •
from the date the revocation actually takes effect after all abatement periods have
lapsed.
LO Other Remedies. Notwithstanding the provisions of this Section, the City may pursue
any and all other available remedies through any and all other available processes and
procedures available to correct violations of City codes. Included within such remedies are
the enforcement actions set forth in this Article, actions in a court of competent jurisdiction
for injunctive or other appropriate relief, criminal prosecution, code enforcement
proceedings, the issuance of citations, the suspension or revocation of permits relating to
health or safety matters, and any and all other remedies available under the laws of the State
of Florida and the United States.
Sec. 10 -109. Suspension and revocation proceedings.
fal Challenge to Suspension or Revocation. If the City Manager or his designee notifies
a licensee in writing of the pending suspension or revocation of a license as provided in
Section 10 -108 of this Article, then the suspension or revocation shall become final and
effective fifteen (15) days after mailing to the licensee's record address, posting at the
licensed establishment, or actual delivery of the notice to the licensee, unless the licensee
first files with the City Manager or his designee a written response stating the reasons why
the suspension or revocation is alleged to be in error or inappropriate and a written notice of
intent to challenge the suspension or revocation requesting a hearing to determine whether
the suspension or revocation will become effective. The suspension or revocation shall be
abated in the event that a licensee files a timely challenge to the suspension or revocation in
accordance with the procedures of this Article or upon an order of a court of competent
City of Cape Canaveral
(1-ie Ordinance No. 13 -2004
Page 38 of 64
jurisdiction. A suspension or revocation already in effect, but not previously challenged in
Coe a suspension or revocation hearing, may be challenged in the same manner but is not abated
during the proceedings.
b) Hearing on Suspension or Revocation. When a licensee files a written response and
notice of intent to challenge a pending or existing suspension or revocation then a public
hearing to determine if the pending suspension or revocation will become effective and final
shall be held by the Hearing Officer appointed by the City Council. The City Manager or his
designee shall notify the City Attorney and any appropriate City offices who shall schedule
and provide notice of the hearing date and time.
In Appointment, term and compensation of hearing officer:
(A) Three (3) hearing officers shall be appointed by the City Council, and they
shall be attorneys duly licensed to practice law in the State of Florida, who have
practiced in the State for at least 5 years.
Hearing officers shall be subject to removal with or without cause, by the
City Council. Hearing officers shall not be considered to be City employees,
although they may receive compensation for their services and also may be
reimbursed for such travel, mileage and per diem expenses as maybe authorized.
(C) Because only attorneys may hold the position of hearing officer, the City
Council shall not be required to retain an attorney to represent the hearing officer.
ff) It shall be unlawful for a hearing officer to act as an agent or an attorney for
a party involved in a determination under the provisions of this section or to be
otherwise involved with any matter arising under this section which will come
before the City during the term of the hearing officer's appointment. Further, a
hearing officer shall not initiate or consider ex parte communications or other
communications with any party of interest to a hearing officer concerning the
substance of any proceeding to be heard by a hearing officer. However, the
foregoing does not prohibit discussions between the hearing officer and City staff
that pertain solely to scheduling and other administrative matters unrelated to the
merits of the application.
If a person engages in an ex parte communication with the hearing officer, the
hearing officer shall place on the record of the pending case all ex parte written
communications received, all written responses to such communications, a
memorandum stating the substance of all oral communications received, and all
oral responses made, and shall advise all parties that such matters have been
placed on the record. Any party desiring to rebut the ex parte communication
shall be entitled to do so but only if such party requests the opportunity for
rebuttal within ten (10) days after notice of such communication. If he or she
deems it necessary due to the effect of an ex parte communication received by
him, the hearing officer may withdraw from the case and the City Council shall
appoint another hearing officer to handle the case.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 39 of 64
(E) If the City Manager and licensee cannot agree on the use of one (1) of the
three (3) hearing officers, the City Manager and licensee shall each have the right
to eliminate one (1) of the three (3) hearing officers selected by the City Council.
The one (1) hearing officer not eliminated by either party shall then act as the
hearing officer for the license revocation hearing. In the event licensee objects to
all three (3) hearing officers, then the City Council shall choose the hearing
officer from the list of three (3) hearing officers absent a showing of clear
prejudice by the licensee.
The hearing officer shall have the power to:
Adopt rules for the conduct of the hearing;
(B) Subpoena licensees and witnesses to its hearings. Subpoenas may be served
by the Cape Canaveral Police Department and/or other law enforcement agencies
with jurisdiction to serve subpoenas;
(C) Subpoena evidence to its hearings;
(D) Administer oaths and take testimony under oath and
Issue an order having the force of law suspending or revoking the license.
0 The suspension or revocation hearing shall be held within thirty (30) days of the
City Manager's receipt of a written challenge and request for a hearing by the
aggrieved licensee unless mutually agreed to between the licensee and City Manager
or his designee.
al The participants before the Hearing Officer shall be the licensee, any witnesses
of the licensee, the City Manager or his designee and any witnesses of the City
Manager or his designee. All witnesses shall provide their legal name, mailing
addresses and telephone number.
The procedures used shall be those typically used in a civil case with the City
Manager or his designee having the burden of proof by preponderance of the evidence.
06) Testimony and evidence may be submitted by any witness but shall be limited to
matters directly relating to the grounds for suspension or revocation. Irrelevant,
immaterial, or unduly repetitious testimony or evidence shall be excluded.
0 All testimony shall be under oath. The Hearing Officer shall decide all questions
of procedure and standing. All hearings shall be open to the public. Minutes shall be
kept at all hearings. Unless otherwise mutually agreed to between the licensee and the
City Manager or his designee, the order of presentation of testimony and evidence shall
be as follows:
Cie City of Cape Canaveral
Ordinance No. 13 -2004
Page 40 of 64
(A) The City Manager or his designee and any witnesses of the City Manager
or his designee.
(B) The licensee and any witnesses of the licensee.
(C) Rebuttal witnesses from the City Manager or his designee.
(D) Rebuttal witnesses from the licensee.
(E) Summation by the City Manager or his designee.
Summation by the licensee.
.) The Hearing Officer may also call and question witnesses or request additional
evidence as the Hearing Officer deems necessary and appropriate.
f9j The City shall provide a hearing room and clerical staff as may be reasonably
required by the Hearing Officer to conduct hearings and perform his or her duties.
(10) Each party to the hearing shall have the right to call and examine witnesses,
introduce exhibits, cross - examine opposing witnesses, impeach witnesses and rebut
evidence.
(11) The licensee has the right, at his or her own expense, to be represented by an
Csie attorney at any hearing.
(12) All testimony before the hearing officer shall be under oath and shall be recorded.
The licensee or the City may cause a verbatim record of the proceedings to be made.
(13) If the Hearing Officer comes to believe that any facts, claims, or allegations
necessitate additional review or response by either the licensee or the City Manager or
his designee, then the Hearing Officer may order the hearing continued until an
announced date certain, not to exceed thirty (30) days from the date of continuance.
The Hearing Officer shall render a final decision on the appeal within sixty (60) days
of the City Manager's receipt of licensee's written notice of challenge.
(0 Filing of Decision. The original of the written decision of the Hearing Officer shall
be filed with the City Clerk and copies shall be delivered or mailed to the licensee, the City
Manager or his designee and the Police Chief.
(1), Judicial Review. Any person who participated in a suspension or revocation hearing
before the Hearing Officer and who is aggrieved by the decision of the Hearing Officer may
immediately challenge the decision in any court of competent jurisdiction pursuant to the
Rules of Procedure of that court. The record of the hearing shall consist of the complete
record of the proceedings before the Hearing Officer. The Hearing Officer's decision shall
be promptly reviewed and decided by the court.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 41 of 64
r
s
lej Requirement of Exhaustion Procedures. Judicial review of a suspension or
revocation, or related hearing or appeal proceedings, shall be available only after the
administrative procedures and remedies set forth in this Section have been exhausted.
al Notice of Final Suspension or Revocation. If no response or request for a suspension
or revocation hearing is filed within fifteen (15) days of the notice of a pending suspension
or revocation, or if the licensee who requested the hearing does not appear at the suspension
or revocation hearing after notice, or if the Hearing Officer decides after a hearing that a
pending suspension or revocation will become final, then the Cit�Manager or his designee
shall issue to the licensee notice of final suspension or revocation of the adult entertainment
license and mail or arrange delivery of the notice to the licensee's record address.
Effective Date of Suspension or Revocation. The suspension or revocation of a
license shall take effect the day after delivery of a notice of final suspension or revocation
to the licensee in person, by posting on the licensed establishment, or by mail to the
licensee's record address, or on the date the licensee surrenders the license, whichever
happens first. The licensee shall immediately return and surrender a revoked license to the
City Manager or his designee or surrender the revoked license, upon demand, to a member
of the City's Police Department.
Sec. 10 - 110. Worker records.
Each adult entertainment establishment and sexually oriented business, regardless of
whether it is licensed under this Article, shall create, establish and maintain a record of all
workers of the establishment or business. The record shall contain the worker's full legal
Ce name and any aliases and all past or current aliases of the worker; his or her date of birth; his
or her residential address; his or her residential or cellular telephone number (if any) and all
pager numbers and other similar numbers used his or her driver's license number and a
photocopy of the license; his or her state or federally issued identification card number
including the worker's social security account number; the employment status of the worker
including, but not limited to, whether the worker is a salaried employee, an independent
contractor, a lessee, a sub - lessee, a subcontractor allowed to work at the establishment, or
such other arrangement as may be in place; whether income taxes are withheld for the
worker; and a recent passport type photograph of the worker as of the date of association
with the establishment which accurately reflects the date on which the photograph was taken.
Said records shall be maintained for a period of no less than two (2) years from the date the
worker is separated from employment.
fhl The original records required by subsection (a) or true and exact photocopies thereof,
shall be kept at the adult entertainment establishment or sexually oriented business at all
times including clear photographs.
Lc,) All operators of an adult entertainment establishment or sexually oriented business
shall be responsible for knowing the location of the original records, or the true and exact
photocopies thereof.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 42 of 64
fsn All operators of an adult entertainment establishment or sexually oriented business
(00 shall, upon request by a law enforcement officer or the City Manager or his designee, make
available for immediate inspection the original records, or the true and exact photocopies
thereof at any time when the establishment or business is open for business.
Sec. 10 -111. General requirements for all adult entertainment establishments and
sexually oriented businesses.
Each adult entertainment establishment and sexually oriented business, regardless of
whether it is licensed under this Article, shall observe the following general requirements:
(1) Conform to comply with and abide by all applicable safety, employer related,
building, fire, health, zoning or land use statutes, codes, ordinances, rules and
regulations, whether Federal, State or local.
(2Z Keep the adult entertainment establishment or sexually oriented business license
posted and prominently displayed in a conspicuous place at the establishment or
business at all times, which license shall be available for inspection upon request at all
times by the public, any law enforcement officer and the City Manager, or his or her
designee, when the establishment or business is open for business.
(l Opaquely cover each non - opaque area where a person outside the adult
entertainment establishment or sexually oriented business may otherwise see inside the
establishment or business.
(4) Provide to any law enforcement officer and the City Manager or his designee,
during all hours of operation or when an operator is present at the establishment, access
through the main entrance and into all areas of the establishment where customers are
permitted without the necessity of using a key, computer entry, password or seeking
clearance from a worker or customer to obtain entry through an electronically operated
door or entryway.
(5I Install, construct, keep, maintain or allow only those signs at the establishment
or building exterior which comply with the provisions relating to signage in the Land
Development Regulations of the City of Cape Canaveral.
01 Not allow any person under eighteen (18) years of age to be present when
services are provided to or performed for a customer or when the establishment or
business is open for business.
(l Not employ or provide goods or services to anyperson under eighteen (18) years
of age.
f8,) Not provide, offer or engage in any services to any person when not licensed to
do so under this Article.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 43 of 64
(9) Not operate when a license issued pursuant to this Article has been suspended,
revoked or canceled or when the license is expired.
(10) Not permit any animal except seeing eye dogs accompany a worker or customer
when services are provided or performed.
(11) Not place, operate or contain video cameras, transmitting or taping equipment
anywhere on the premises except where customers are advised in advance by posted
notice.
(12) Not advertise the presentation of any activity prohibited by any law, rule or
regulation whether Federal, State or local.
(13) Ensure that the view areas specified in this Article remains unobstructed by any
doors, walls, merchandise, display racks or other materials at all times that any
customer is present in the premises so as to ensure that no customer is permitted access
to any area of the premises which has been designated as an area in which non - workers
will not be permitted.
(14) Ensure that at least one (1) operator is on duty and present at the establishment
or business when the establishment or business is open for business who is responsible
and knows the whereabouts of all records required by this Article. Said operator's
name shall be conspicuously posted on the premises at all times the business or
establishment is open for business.
(15) Ensure that at least one (1) operator is situated in each manager's station, when
required by this Article, at all times that any customer is present inside the premises.
(16) Ensure that the premises are equipped with overhead lighting fixtures of suffi-
cient intensity to illuminate every place to which customers are permitted access at an
illumination of not less than fifteen to twenty (15 -20) average maintained foot candles
as measured thirty-five inches (35 ") above the floor level. The light shall be
maintained at all times any customer is present in the premises.
(17) Not alter or otherwise change the contents of an adult entertainment
establishment or sexually oriented business license.
(18) Ensure that each exterior entrance and exit door for use by customers and interior
doors which permit entrance to the interior and exit to the interior from any interior
foyer area shall remain unlocked when any person who is not a worker is inside the
establishment.
(19) Establish, create and maintain worker records as required by this Article.
Sec. 10 -112. Sexually oriented businesses.
(11-e City of Cape Canaveral
Ordinance No 13 -2004
Page 44 of 64
In addition to the general requirements for adult entertainment establishments and sexually
oriented businesses contained in this Article, a sexually oriented business shall, regardless
of whether it is licensed thereunder, comply with the following general requirements:
caj Post in an open and conspicuous place a list of services provided by the sexually
oriented business which services shall be described clearly in the English language along
with a specification as to the cost of each service.
Provide each customer, in advance of any service being provided, with a written
customer contract, written clearly in the English language, setting forth the service or
services to be rendered, the cost of such service or services, the actual full name of the
worker providing the service and actual full name, address and date of birth of the customer
as reflected on a State or Federally issued identification card or drivers license and the
customer's telephone number.
(0 Create, establish and maintain a daily register in a format provided by the City
Manager, or his or her designee, containing the actual full names and addresses of all
customers as reflected on a State or Federally issued identification card or drivers license,
the services performed, the time expended, the mode of payment and the full name of the E
worker providing the service.
fs) Not allow any worker of the sexually oriented business to accept any tip or gratuity,
directly or indirectly, from a customer in addition to the service fee specified in the customer
contract.
fsl Maintain all customer contracts and daily registers for a period of two (2) years
following the customers date of service.
Sec. 10 - 113. Adult theater provisions.
In addition to the general requirements relating to adult entertainment establishments and
sexually oriented businesses contained in this Article, an adult theater, regardless of whether
it is licensed under this Article, shall:
If the adult theater contains an auditorium or hall, comply with each of the following
provisions:
LU have individual and separate seats (not couches, benches, or other seating
configurations allowing or providing for the seating of multiple persons on the same
item of furniture) to accommodate the maximum number of persons who may occupy
the area:
12) have a continuous main aisle alongside of the seating areas in order that each
person seated in the areas shall be visible from the aisle at all times
fal have a sign posted in a conspicuous place at or near each entrance to the
auditorium or hall which lists the maximum number of persons who may occupy the
City of Cape Canaveral
Ordinance No. 13 -2004
Page 45 of 64
auditorium or hall area, which number shall not exceed the number of seats within the
hall or auditorium area and
a) be illuminated at an illumination of not less than fifteen to twenty (15 -20) foot
candles average maintained as measured at thirty -five inches (35') above the floor level
and shall maintain the light at all times so that any customer present in the hall or
auditorium may be seen.
If the adult theater contains adult booths, each adult booth shall comply with each of
the following provisions:
LU have a sign posted in a conspicuous place at or near the entrance which states the
maximum number of persons who may occupy the booth, which number shall correlate
with the number of seats in the booth;
�2,) have a permanently open entrance not less than three feet (3') wide and not less
than six feet (6') high, not capable of being closed or partially closed by any curtain,
door, or other partition which would be capable of wholly or partially obscuring any
person situated in the booth: provided, however, that the requirements of all building
and related codes shall also be complied with;
al have individual, separate seats (which are not couches, benches, or other seating
configurations allowing or providing for the seating of multiple persons on the same
item of furniture) which correlate with the maximum number of persons who may
occupy the booth;
04,) have a continuous main aisle alongside the booth in order that each person
situated in the booth shall be visible from the aisle at all times;
15,) have an illuminated and continuous main aisle in which workers and customers
can be seen from one end to the other: and
have, except for the entrance, walls or partitions of solid construction without any
holes or openings in such walls or partitions.
Have one (1) or more manager's stations.
isl,) Configure the interior of the premises in such a manner that there is an unobstructed
view from a manager's station of every area of the premises to which any customer is
permitted access for any purpose excluding restrooms.
If the premises has two (2) or more manager's stations designated, configure the interior
of the premises in such a manner that there is an unobstructed view of each area of the
premises to which any customer is permitted access for any purposes from at least one (1)
of the manager's stations. The view required in this subsection shall be by direct line of sight
from the manager's station.
City of Cape Canaveral
(111, Ordinance No. 13 -2004
Page 46 of 64
1
1
( If the adult theater is designed to permit outdoor viewing by persons seated in
(..., automobiles, cause the motion picture screen so situated, or the perimeter of the
establishment so fenced, such that the material to be seen by those persons may not be seen
from any public right ofway, property assigned aresidential zoning classification or assigned
a residential land use designation, any religious institution or church, any educational
institution or school, or from a park.
I
t
(0 Cover the floors of areas accessible to customers with smooth and non - permeable
flooring material which can withstand frequent effective cleaning with industrial strength
cleaning agents. Carpeting of any type is prohibited.
t
s
00 Use smooth and non - permeable upholstery material, which can withstand frequent
cleaning with industrial strength cleaning agents, to cover furniture permitted by this Article
for the use of customers. w
f
LO Have, in areas accessible to customers, interior wall surfaces which can withstand
frequent cleaning with industrial strength cleaning agents. t
Use only those shades and blinds which can withstand frequent cleaning with industrial
strength cleaning agents. (Draperies are prohibited).
t
a) Maintain areas accessible to customers in a clean and sanitary condition.
F
a1) Keep all furniture upholstery material free from holes and rips.
(ii le (m) Utilize an appropriate and effective adaptation of the U.S. Center for Disease Controls
universal precautions for the storage and transmission of the HIV virus and other diseases
when cleaning or sanitizing the establishment. I
€!
. Sec. 10 -114. Adult performance establishment provisions.
1
() In addition to the general requirements for adult entertainment establishments and
sexually oriented businesses contained in this Article, an adult performance establishment
shall, regardless of whether it is licensed under this Article, have a stage provided for the
expressive display or exposure of any worker's specified anatomical areas to a customer
consisting of a permanent platform (or other similar permanent structure) raised a minimum 1.
of eighteen inches (18 ") above the surrounding floor and encompassing an area of at least one 1
hundred (100) square feet. The stage shall be located at least three feet (3') from the nearest
table, chair, area or other accommodation where customers are seated or otherwise located; 3 1
provided, however, that a table at which any customer is seated or served shall not be used
as a stage. 1
flu Notwithstanding the stage requirement in subsection (a), an adult performance
establishment may also have smaller stages for the expressive display or exposure of a
worker's specified anatomical areas to a customer consisting of permanent or removable
platforms raised a minimum of eighteen inches (18 ") above the surrounding floor from where
k
City of Cape Canaveral
(le Ordinance No. 13 -2004
Page 47 of 64
1
4
1
customers are seated or located; provided, however, that a table at which any customer is
seated or served shall not be used as a stage.
f) In addition to the general requirements for adult entertainment establishments and
sexually oriented businesses contained in this Article, an adult performance establishment
shall, regardless of whether it is licensed under this Article:
W Prohibit persons engaged in the expressive display or exposure of specified
anatomical areas from dancing or simulating sexual activity with any patron, spectator,
employee, or other person on the premises of an adult performance establishment; and
Not suffer or permit any person maintaining, owning or operating an adult
performance establishment to construct, maintain, or use areas partitioned or screened
from public view that are designed to be occupied or are commonly occupied alone or
together by any person or persons on the premises of such establishment for private
performances involving the expressive display or exposure of specified anatomical
areas; and
w Not permit any person or customer on the premises of an adult performance
establishment to use or to be present in areas partitioned or screened from public view
that are designed to be occupied together or along by any person or persons on the
premises of such establishment for the display or exhibition of specified anatomical
areas; and
al Post a sign which is clearly legible and located in a conspicuous place setting
forth that straddle dancing is strictly prohibited; and
)5,) Not place or permit the placement of a bed or mattress in the establishment.
Sec. 10 - 115. Commercial bodily contact establishments provisions.
In addition to all general requirements of this Article pertaining to adult entertainment
establishments and sexually oriented businesses contained in this Article, a commercial
bodily contact establishment, regardless of whether it is licensed under this Article, shall:
Lai ii
Operate only from a fixed physical location which is set forth on its sexually oriented
business license and all required occupational licenses.
b) Not advertise, offer or provide any other service other than services which are posted.
Provide clean linen and towels for each customer when towels and linens are used
during the course of providing services to a customer; provided, however, that heavy white
paper may be substituted for sheets if such paper is used for only one (1) customer and then
discarded into a sanitary receptacle.
al Store clean linen, towels and other materials used in connection with providing
commercial bodily contact in closed cabinets.
City of Cape Canaveral
(11, Ordinance No. 13 -2004
Page 48 of 64
( Disinfect and sterilize non - disposable instruments after each use on a customer.
Cause all workers to conceal their specified anatomical areas with an opaque covering
at all times when on the premises of the business by wearing an opaque surgical type gown.
(al Not encourage, allow or permit any customer to consume food or beverages in the
business_
Lk) Provide commercial bodily contact in an area wherein such area is visible at all times
from common areas in the establishment. No contact may occur in a separate or individual
cubicle, room, booth or area which is not visible from common areas of the establishment
and a receptionist area provided, however, that if male and female customers are provided
services at the same time separate work areas shall be established for each gender.
al Not advertise, display, publish, exhibit, place, distribute or promote on any advertising
matter or signage services that are not posted or a suggestion that services not posted will be
provided.
di Not advertise, display, publish, exhibit, place, distribute or promote on any advertising
matter or signage any suggestion that workers will be dressed in any manner other than as k,
required in this Article.
fk,) Not begin a meeting or service with a customer between 10 :00 p.m. of any day of the
week and 9:00 a.m. the following day.
ill Not provide services at any place other than a physical location licensed to provide
commercial bodily contact under the provisions of this Article.
(m) Not place or permit the placement of any bed, mattress or sofa at the business;
provided, however, that a sofa may be placed in the reception area open to the public at the
main entrance of the business and cots or padded mats may be used when providing
commercial bodily contact.
Sec. 10 - 116. Escort service.
In addition to all general provisions pertaining to adult entertainment establishments and
sexually oriented businesses contained in this Article, an escort service, regardless of whether
licensed under this Article, shall:
La) Not advertise, offer or perform any other service than services which are posted.
Cause all workers and escorts to conceal their specified anatomical areas with an
opaque covering at all times when on the premises of the escort service.
jc Not advertise, display, publish, exhibit, place, distribute or promote on any advertising
matter or signage services that are not posted or a suggestion that services not posted will be
provided.
City of Cape Canaveral
Ordinance No. 13 -2004
Page 49 of 64
4
i
fcli Not begin a meeting or service with a customer between 10:00 p.m. of any day of the '
Cry :
week and 9:00 a.m. the following day.
i
If offering or providing escorts or escort service within the City of Cape Canaveral,
each escort service shall notify the City Manager or his designee of an authorized physical
location, which may or may not be within the City, from where the escort service operates
and dispatches escorts.
,
ff Include in all advertising or promotional literature posted, placed, published, or x
distributed within the City of Cape Canaveral the number of a valid sexually oriented
business license issued by the City unless the escort service does not refer, send, or dispatch`
escorts to any location within the jurisdictional limits of the City of Cape Canaveral. f
Each escort service shall ensure that every escort and worker of the escort service is
provided with a copy of the escort service's license and carries it while working as an escort
for the service, and displays said license upon the request of any law enforcement officer or
the City Manager or his designee. In addition to a copy of the escort service's license, each
escort service shall ensure that each escort has an occupational license to engage in the
occupation of escort within the City and that they carry said license while working, and
displays said license upon the request of any law enforcement officer or the City Manager 1
or his designee. Notwithstanding the foregoing, an escort or worker of an escort service who
i
is a paid employee for whom taxes and social security payments are withheld and paid by the
licensed escort service and who is not an independent contractor may substitute and carry a
copy of the sexually oriented business /escort service license of the employing escort service
Ce only, provided that worker records as required by this Article are created and maintained by
the licensed escort service.
al If a meeting with or the service of a customer occurs at a location not open to the
public, then the escort shall check in with the on duty manager of the premises in person r
where the meeting or service occurs or begins prior to meeting or servicing a customer and
advise the manager of the following: names of the escort(s), the escort service and
customer(s); the escort's time of arrival and estimated time of departure; and a copy of the
escort service's sexually oriented business license and the escort's own occupational license,
if applicable, and the location of the meeting within the structure.
{
Sec. 10 -117, Engaging in prohibited activity: customers.
cal It is unlawful for any customer in or for an adult entertainment establishment or
sexually oriented business regardless of whether licensed pursuant to this Article to do any
of the following acts:
a) To engage or participate in a straddle dance at the establishment or business.
(2) To offer, contract or otherwise agree to engage or participate in a straddle dance
with a person at the establishment or business.
rlie City of Cape Canaveral
Ordinance No. 13 -2004
Page 50 of 64
te To engage or participate in any specified sexual activity at the establishment or
business or while in the presence of a worker.
a, To display or expose while in the presence of a worker or when at the
establishment or business any specified anatomical area.
i5) To offer or deliver a tip or gratuity to any worker of an establishment or business 1
before, during or after the provision of services except at an adult performance
establishment.
If a worker is a female, to intentionally touch, fondle or manipulate her on her
clothed or unclothed breast(s), either directly or through a medium.
al To intentionally touch, fondle, massage, or manipulate any specified anatomical
area of a worker, a customer, or himself or herself, whether clothed or unclothed, on
the ,premises of the establishment or business.
al To intentionally touch, fondle, massage or manipulate a worker on any specified
anatomical area when at or receiving services from the adult entertainment
establishment or sexually oriented business.
To intentionally touch, fondle, massage or manipulate the clothed or unclothed
breast(s) of a female worker, or to touch the clothed or unclothed body of a worker at
any point below the waist and above the knee of the worker when at an adult
entertainment establishment or sexually oriented business.
c e
(10) To occupy an adult booth in which booth there are more people than that
PY p P
specified on the posted sign required by this Article.
(11) To otherwise violate or aid or abet a violation of this Article.
,(121 To encourage or solicit any worker to engage in any specified sexual activity.
It is unlawful for any customer at or of a sexually oriented business to do any of the
following acts regardless of whether the establishment is licensed pursuant to this Article:
To intentionally touch, massage or manipulate, directly or indirectly or through
a medium while on the premises of the establishment or when with a worker, the
customer's specified anatomical areas.
c2) To solicit any worker to provide a service not posted.
To solicit or receive any service not indicated and contracted for in the written
customer contract.
(i; City of Cape Canaveral
Ordinance No. 13 -2004
Page 51 of 64
{
(ope To provide to the worker providing the service either directly, indirectly or
through a medium, any tip, gratuity or other consideration beyond the fee specified in
the customer contract.
isj To expose any specified anatomical area to the view of a worker.
Sec. 10 Engaging in prohibited activity: workers / operators,
It is unlawful for any worker of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed under this Article, to do any of the
following acts or for an operator of an adult entertainment establishment or sexually oriented
business, regardless of whether licensed hereunder, to knowingly permit, suffer, aid, allow
or encourage any worker to do any of the following acts:
W To engage or participate in a straddle dance with a customer at the establishment
or business.
To offer, contract or otherwise agree with a customer to engage or participate in
a straddle dance with a person at the establishment or business.
(3) To engage or participate in any specified sexual activity or activities at the
establishment or business with a customer, him or her self or a worker.
To display or expose at the establishment or business specified anatomical areas
except in accordance with the provisions of this Article and other applicable law.
l) To request or accept a tip or gratuity from a customer except at an adult
performance establishment.
ai To work in an adult entertainment establishment or sexually oriented business
that he or she knows or should know is not licensed under this Article, or which has a
license which is under suspension, has been revoked or canceled, or has expired,
regardless of whether he she or it has applied for and obtained a license under this
Article.
To display or expose specified anatomical areas while engaging in personal
advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the
worker, any other worker, or the establishment or business while situated outside any
structure at the establishment or business, or at a place at the establishment or business
where the worker is visible from any public right -of -way or sidewalk. "Personal
advertising" means encouraging or enticing, by whatever direct or indirect means,
potential customers outside the doors of the establishment or business to enter the
establishment or business.
To suffer, permit, or allow any door of the business or establishment that is
visible from a public right -of -way or sidewalk to be opened or remain opened except
when a person is entering or exiting the establishment or business.
(lior City of Cape Canaveral
Ordinance No. 13 -2004
Page 52 of 64
() To allow or encourage a customer to intentionally touch or fondle, either directly
or through a medium, any specified anatomical area of the customer, a worker or
another customer.
110) If the worker is a female, to allow herself to be intentionally touched on her
clothed or unclothed breast(s) by a customer.
(11) To allow or encourage a customer to intentionally touch any portion of a worker's
body below the waist and above the knee.
(12) To expressively display or expose any specified anatomical area unless such
worker is in an area described in Subsections 10- 114(a) or 10- 114(b) of this Article,
and the stage on which the worker is located is not located between the legs of a
customer.
(13) Toprovide or engage in any private performance described in Subsection 10-
114(c) of this Article.
(14) To remain in the presence of a customer who is exposing specified anatomical
areas at the establishment or in the presence of a worker or another customer.
(15) To violate or aid or abet in a violation of the provisions of this Article.
116) To encourage or knowingly permit any customer to intentionally touch, fondle,
massage or manipulate, either directly or indirectly through a medium, any of the
customer's specified anatomical areas on the premises of the establishment or when in
the presence of another customer or worker.
(17) To encourage or solicit any customer to engage in any specified sexual activity.
(18) To intentionally touch, fondle, massage or manipulate any customer on the
customer's clothed or unclothed body between the waist and above the knee.
(b,) It is unlawful for any worker of a sexually oriented business, regardless of whether it
is licensed under this Article, to do any of the following acts, or for an operator of a sexually
oriented business, regardless ofwhether it is licensed under this Article, to knowingly or with
reason to know permit suffer or allow any worker to commit any of the following acts:
L1) To accept a tip or gratuity from or on behalf of a customer in addition to the
service fee stated in the written customer contract.
al To begin a meeting or service, continue a meeting or service, solicit a meeting or
service or make or solicit a sale between the hours of 10:00 p.m. of any particular day
and 9:00 a.m. the following day.
Q. Provide commercial bodily contact except at the physical structure of the
establishment which has a commercial bodily contact establishment license.
Ce City of Cape Canaveral
Ordinance No. 13 -2004
Page 53 of 64
L To provide any service not posted as required by this Article.
(Si To provide any service without first executing a customer contract.
Lcj It is unlawful for any worker of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed pursuant to this Article, to knowingly
permit, suffer, aid, allow or encourage any customer to do any of the following acts:
Lit To intentionally touch, fondle, massage or manipulate, either directly or indirectly
through a medium, any of the customer's specified anatomical areas when at the
establishment or business or while in the presence of a worker or anther customer.
al To intentionally touch, fondle, massage or manipulate, either directly or indirectly
through a medium, any specified anatomical area of another customer or a worker
when at the establishment or business or while in the presence of a worker or customer.
131 To engage in any specified sexual activities at the establishment or business with
a worker, customer, him or her self or with another customer.
To expose the customer's specified anatomical areas at the establishment or
business or when receiving services or when in the presence of a worker or another
customer.
L5) To engage or participate in a straddle dance.
To intentionally touch, fondle, massage or manipulate a worker at any point
below the waist and above the knee.
To intentionally touch a female worker on the clothed or unclothed breast.
Sec, 10 - 119. Operation without license,
It is unlawful for any person to be an operator of or at or to be a worker for an adult
entertainment establishment or sexually oriented business where the person knows or should
know:
W that the establishment or business does not have an adult entertainment
establishment or sexually oriented business license for the applicable classification.
121 that the establishment or business has a license which is under suspension.
that the establishment or business has a license which has been revoked, canceled
or has expired.
Sec, 10 -120. Operation contrary to operational requirements.
(11le City of Cape Canaveral
Ordinance No, 13 -2004
Page 54 of 64
Cri (al It is unlawful for any person to be an operator of an adult entertainment establishment
or sexually oriented business which does not satisfy all of the requirements of Section 10 -111
of this Article, regardless of whether the establishment is licensed thereunder.
Q) It is unlawful for any person to be an operator of a sexually oriented business which
does not satisfy all of the requirements of Section 10 -112 of this Article regardless of
whether the establishment is licensed thereunder.
10 It is unlawful for any person to be an operator of an adult performance establishment
which does not satisfy all of the special requirements of Section 10 -114 of this Article
regardless of whether licensed thereunder.
It is unlawful for any person to be an operator of an adult theater which does not satisfy
all of the special requirements of Section 10 -113 of this Article regardless of whether the
establishment is licensed thereunder.
fed It is unlawful for any person to be an operator of an escort service which does not
satisfy all of the special requirements of Section 10 -116 of this Article regardless of whether
licensed thereunder.
£f It is unlawful for any person to be an operator of a commercial bodily contact
establishment which does not satisfy all of the special requirements of Section 10 -115 of this
Article regardless of whether the establishment is licensed thereunder.
Sec, 10 - 121, Use of restrooms or dressing rooms.
(al Notwithstanding any provision in this Article indicating to the contrary, it is not f'
unlawful for any worker of an adult entertainment establishment or sexually oriented
business, regardless of whether it is licensed under this Article, to expose any specified
anatomical area during the worker's bona fide use of a dressing room or bath room which is
occupied at the time only by workers of the same sex.
a) Notwithstanding any provision in this Article indicating to the contrary, it shall not be
unlawful for any customer of an adult entertainment establishment or sexually oriented
business, regardless of whether it is licensed under this Article, to expose any specified
anatomical area during the customer's bona fide use of a bath room which is occupied at the
time only by customers of the same sex.
to It is unlawful to be an operator of an adult performance establishment which has a
dressing room for use by its workers, that is accessible to customers.
fai It is unlawful to be an operator of a sexually oriented business which has a dressing
room for use by its customers that is accessible to workers.
(0 Notwithstanding any provision of this Article to the contrary, a worker engaged in the
work of a rest room attendant or valet may occupy a rest room which is also occupied by
City of Cape Canaveral
Ordinance No. 13 -2004
Page 55 of 64
customers provided that the valet or attendant does not expose any specified anatomical area
to the view of a customer and is of the same sex of the customer occupying the rest room.
Coe Notwithstanding any provision of this Article to the contrary, it is not unlawful for a
worker or customer to touch their own specified anatomical areas during their bona fide use
of a rest room, dressing room or bath room when such touching is necessary and inherent to
the activity of changing clothes or excretory functions.
Sec. 10 - 122. Minors - unlawful provisions.
It is unlawful for an operator or worker of an adult entertainment establishment or sexually
oriented business regardless of whether licensed under this Article, to knowingly or with
reason to know, permit, suffer or allow:
fai Admittance to the establishment or business of a person under eighteen (18) years of
age when the establishment or business is open for business.
�b Aperson under eighteen (18) years of age to remain at the establishment or business
when the establishment or business is open for business.
Lo A person under eighteen (18) years of age to purchase goods or services from the
establishment or a worker at the establishment or business.
jd) A person under eighteen (18) years of age to be a worker at or for the establishment or
business.
Sec. 10 - 123. Records - unlawful provisions. !'
La,) It is unlawful to be an operator or worker of an adult entertainment establishment or
sexually oriented business, regardless of whether it is licensed under this Article, if the
current and valid adult entertainment establishment or sexually oriented business license is
not conspicuously displayed on the premises of the establishment or business.
th) It is unlawful to be an operator of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed under this Article, which does not create,
establish and compile worker records, maintain worker records or where such records are not
produced for inspection by a law enforcement officer upon request when the establishment
or business is open for business.
Lo It is unlawful to be an operator of a sexually oriented business, regardless of whether
it is licensed under this Article, at which customer contracts, daily registers and a list of
services have not been compiled, maintained or are not produced for inspection by a law
enforcement officer upon request when the establishment or business is open for business.
fill It is unlawful for a worker at or of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed under this Article, to fail to obtain, carry
or produce for inspection by a law enforcement officer upon request, an occupational license
AP
City of Cape Canaveral
Ordinance No. 13 -2004
Page 56 of 64
for the occupation in which the worker is engaged; provided, however, that a worker of an
adult entertainment establishment or sexually oriented business who is a paid employee for
whom income taxes and social security payments are withheld and paid by the establishment
and who is not an independent contractor shall not be required to obtain an occupational
license or their own adult entertainment establishment/sexually oriented business license.
It is unlawful for an escort, regardless of whether they are a paid employee for whom
income taxes and social security payments are withheld and paid by the escort service, to fail
to carry and produce for inspection by a law enforcement officer a copy of the sexually
oriented business license of the employing escort service when working as an escort or
providing the services of escort.
Lo It is unlawful for any person or any person on their behalf applying for a license under
this Article to make a false or misleading statement or provide false or misleading
information which is intended to facilitate the issuance of a license.
It is unlawful for any worker, customer or operator to provide false or misleading
information in any worker record, customer contract or daily register required by this Article.
au It is unlawful to be an operator or worker at an adult entertainment establishment or
sexually oriented business which does not have conspicuously posted the name of the
operator on duty while the establishment is open for business.
in It is unlawful for an operator of an adult entertainment establishment or sexually
oriented business to fail to produce for inspection any worker record required by this Article,
when requested by a law enforcement officer or the City Manager or his designee when the
establishment or business is open for business.
01 It is unlawful for an operator of a sexually oriented business to fail to produce for
inspection any worker record, customer contract or daily register required by this Article
when requested by a law enforcement officer or the City Manager or his designee when the
establishment or business is open for business.
Sec. 10 - 124. Hours of operation - unlawful provisions.
Laj It is unlawful for any operator of an adult entertainment establishment, regardless of s;
whether licensed pursuant to this Article, to allow such establishment to remain open for
business or to knowingly allow any worker 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 9:00 a.m. of any particular day.
al It is unlawful for any operator of a sexually oriented business, regardless of whether
licensed pursuant to this Article, to allow such business to remain open for business or to
permit any worker to engage in a performance, solicit a performance, make a sale, solicit a
sale, begin, continue or provide a service or solicit a service between the hours of 10:00 p.m.
and 9:00 a.m. of any particular day.
City of Cape Canaveral
(1100' Ordinance No. 13 -2004
Page 57 of 64
{
Lc) It is unlawful for any worker of an adult entertainment establishment, regardless of
whether licensed pursuant to this Article, to engage in a performance, solicit a performance,
err make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00
a.m. and 9:00 a.m. of any particular day.
l It is unlawful for any worker of a sexually oriented business, regardless of whether
licensed pursuant to this Article, to provide a service, solicit a service, engage in a
performance, solicit a performance, make a sale, solicit a sale, begin a service or continue
a service between the hours of 10:00 p.m. and 9:00 a.m. of any particular day.
Sec. 10 - 125. Special prohibitions relating to escorts and escort services - unlawful
provisions.
It is unlawful for any escort, escort service or worker of an escort service, regardless of
whether licensed under this Article, to commit any of the following acts or for an operator
of an escort service regardless, of whether licensed thereunder, to knowingly permit, suffer,
aid, assist or allow any escort or escort service worker to commit any of the following acts:
(al To enter a hotel, motel or other place of temporary lodging for the purpose of meeting
or providing services to a customer without immediately upon entering such hotel, motel or
other place and prior to meeting the customer making personal face -to -face contact with the
on duty manager at the front desk or reception area and providing that person with the
following information:
fl) the time of arrival and estimated time of departure;
2 a copy of the escort service's sexually oriented business license and if applicable,
�
the escort's occupational license;
al the name of the escort, the escort service and the customer being met/served; and
the location of the meeting or service within the structure including the room
number.
f bi To require, entice or solicit any customer to remove any article of clothing.
j To display or expose any specified anatomical area to a customer.
To begin a meeting or service without first meeting the customer in apublic place such
as a bar or restaurant before accompanying the customer to anyplace not open to the public
such as a hotel room or residence.
Le) To meet with or provide services to a customer in any place not open to the public such
as a hotel room, motel room or residence without first executing the customer contract as
required by this Article.
City of Cape Canaveral
C oe Ordinance No. 13 -2004
Page 58 of 64
(„f To provide services to a customer even in a public place without first executing the
rire customer contract as required by this Article, immediately following the meeting of the
customer.
To solicit a tip or gratuity from a customer in exchange for a promise or suggestion that
any act or service not contracted for in the customer contract will be performed.
3
al To accept any compensation or payment except that which is provided in the customer 1
contract.
1
Sec. 10 -126. Special prohibited acts - commercial bodily contact - unlawful provisions.
It is unlawful for a worker of a commercial bodily contact establishment, regardless of
whether licensed pursuant to this Article, to commit any of the following acts or for the
operator of a commercial bodily contact establishment, regardless of whether licensed
thereunder, to knowingly or with reason to know, permit, suffer, aid, assist or allow any
worker to commit any of the following acts:
t
Lai To provide commercial bodily contact or to be present at the premises of the business
when open for business unless covering their specified anatomical areas by wearing an
opaque surgical type gown.
1
fj To display or expose any specified anatomical area to a customer. t
lc) To allow a customer to expose or display the customers specified anatomical areas in
(IIW the presence of a worker.
t I
(di To allow a customer to engage in any specified sexual activity with him or herself,
another customer or with a worker. i
E
(?) To perform or provide commercial bodily contact except at the premises of a
commercial bodily contact establishment licensed under this Article. t
i
i
(f To engage in or offer to engage in private modeling or the activities of an escort with t
any customer.
i
To provide commercial bodily contact or service to a customer without first executing
a customer contract as required by this Article.
i
W To intentionally touch, fondle, manipulate or massage the specified anatomical area of Y
any customer
Li) To allow any customer to intentionally touch, fondle, manipulate or massage any i
specified anatomical area of any worker or the body of any worker below the waist and above
the knee, directly, indirectly or through a medium.
(I', City of Cape Canaveral
Ordinance No. 13 -2004 t.
Page 59 of 64
fil (Ire To remain in the presence of any customer who is displaying, exposing, intentionally
touching, fondling or manipulating any specified anatomical area,
l To allow any customer to intentionally touch, massage or manipulate any specified
anatomical area while on the premises of the business or when in the presence of a worker.
W To solicit or require a customer to remove any item of clothing as a prerequisite to
providing commercial bodily contact.
(m) To accept or solicit any tip, remuneration, consideration or gratuity in excess of the fee
provided in the executed customer contract.
i
(n) To accept or solicit any tip, remuneration, consideration or gratuity in exchange for any `s
enhanced service.
s
f o,) To fail to require a customer to cover such customers' specified anatomical areas with i
a towel, robe, undergarment, bathing suit or other similar fully opaque material while on the I
premises of the business.
i
To engage in or offer to engage in any private performance or act as an adult model.
i
Sec, 10 -127, Commercial bodily contact establishments - prohibited; savings provision.
La) Notwithstanding anyprovision of this Article, it is unlawful to operate, or be a worker I
for or at a commercial bodily contact establishment which engages in commercial bodily
contact. !
Notwithstanding the provisions of subsection (a), in the event that subsection (a), 1
prohibiting commercial bodily contact establishments is found to be unconstitutional, or
otherwise invalid by a court of competent jurisdiction or should an injunction be issued
relative to the enforcement of subsection (a), then all provisions set forth this Article
applicable to commercial bodily contact establishments and sexually oriented businesses
shall apply to businesses and establishments engaged in commercial bodily contact.
i
Sec. 10 -128, Occupational licenses/home occupations.
}
i
f The City Manager or his designee may take such steps as may be necessary to ensure
that the occupational license tax is paid by only such individuals and entities that are lawfully
permitted in accordance with the provisions of this Article.
i
Adult entertainment establishments and sexually oriented businesses shall not be
approved as home occupations.
Sec. 10 -129. Sexual encounter businesses prohibited/prohibited acts - unlawful
provisions. ,
f It is unlawful to be an operator of or be a worker at a sexual encounter business.
City of Cape Canaveral
Ordinance No 13 -2004
Page 60 of 64
(re 0b . It is unlawful to cause, encourage, or allow a person under eighteen (18) years of age
to be present at a sexual encounter business.
!'s) It is unlawful to aid or abet a person causing, encouraging or allowing a person under
eighteen (18) years of age to be present at a sexual encounter business.
Sec. 10 - 130. Immunity from prosecution.
The City and any and all of its officers, departments or agents and any law enforcement
officer shall be immune from prosecution, civil or criminal, for the reasonable, good -faith
trespass upon an adult entertainment establishment or sexually oriented business while acting
within the scope of the authority set forth in this Article.
Secs. 10 -131 through 10 -132. Reserved.
Section 4. Amend Section 110 -352 of the Code. The City of Cape Canaveral Code, Chapter 110,
Article VII, Division 6, Section 110 -352, is hereby amended as follows (underlined type indicates
additions, strikeout type indicates deletions, and asterisks (* * *) indicate a deletion from this
Ordinance of text existing in Section 110 -352. It is intended that the text in Section 110 -352 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 110. ZONING
* **
Cele
Sec. 110-352. 5 Principal uses and structures.
In the M -1 light industrial and research and development district, the following uses and
structures are permitted, provided any use or group of uses that are developed, either
separately or, if developed as a unit with certain site improvements, shared in common, meet r+
requirements of article IX of this chapter:
* **
(7) Adult entertainment establishments and sexually oriented businesses, providing it
complies with the following provisions:
(a) Definitions. Where applicable, words or phrases used in this subsection shall
be defined according to chapter 10, article W of the Cape Canaveral City Code.
(b) Prohibited locations. Notwithstanding any other provision of the zoning
ordinance of the city, no person shall cause or permit the establishment of an adult
entertainment establishment or sexually oriented business within 1,000 feet of another
such establishment or within 1,000 feet of any preexisting religious institution, atihool,
public park, public library, or any residentially zoned district (including, but not limited
to R -1, R -2, R -3) or area designated residential on the City's Comprehensive Plan
CV' City of Cape Canaveral
Ordinance No. 13 -2004
Page 61 of 64
1 1
Future Land Use Map. No person shall cause or permit the establishment of an adult
C re entertainment establishment or sexually oriented business within 2,500 feet of an
educational institution. No person shall cause or permit the establishment of a public
park, public library, residential land use, or religious institution within 1,000 feet, or
an educational institution within 2,500 feet, of an existing adult entertainment
establishment or sexually oriented business. This provision shall also apply to adult
entertainment establishments, sexually oriented businesses, religious institutions,
public parks, public libraries, educational institutions and areas zoned or designated on
a Comprehensive Plan for residential use that lie outside of the city.
(c) Permissible locations. Notwithstanding any other provisions of the zoning
ordinance of the city, except those contained in subparagraph b., prohibited locations,
above, adult entertainment establishments and sexually oriented businesses shall only
be allowed in the M -1 zoning district.
(d) Measurement of distance. The distance between any two adult entertainment
establishments or sexually oriented businesses shall be measured in a straight line,
without regard to intervening structures, from the closest exterior structural wall of
each such establishment. The distance between any adult entertainment establishment
or sexually oriented business and any residentially zoned or designated land, zoning
district, religious institution, public park, public library or school educational
institution shall be measured in a straight line, without regard to intervening structures,
from the closest exterior structural wall of the adult entertainment establishment or
sexually oriented business to the nearest boundary of the area zoned or designated on
the Comprehensive Plan for residential use, or nearest property boundary of any
C ol religious institution, public library, public park or school educational institution.
(e) Reserved.
(f) WaiverVariance. Upon written application duly filed with the City, Pthe city
council, may grant a way '1. variance, with or without conditions and additional
safeguards, to the distance requirements of subparagraph b. (4) above if it finds:
(1) That the proposed use will not be contrary to the public interest, detrimental
to the public welfare, or injurious to nearby properties, and that the spirit and
intent of the zoning ordinance will be observed;
(2) That all applicable provisions of this subsection and the City of Cape
Canaveral Sexually Oriented Business and Adult Entertainment Establishment
Code will be observed;
(3) That the proposed use will not be contrary to any adopted land use plan;
(l That special conditions and circumstances exist which are peculiar to the
land, building or proposed business which are not generally applicable to other
lands, buildings, or adult entertainment or sexually oriented businesses.
(101 City of Cape Canaveral
Ordinance No. 13 -2004
Page 62 of 64
i
(re (5) That the variance is the minimum variance that will make possible the
reasonable use of the subject land and building for the intended purpose; and
(6) That the variance does not confer upon the applicant any special privilege.
* **
}
Section 5. Severability. If any Section or portion of a Section of this Ordinance proves to
be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force, or effect of any other Section or part of this Ordinance.
Section 6. Codification. It is the intention of the City Council of the City of Cape
Canaveral, Florida, and it is hereby ordained, that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Cape Canaveral, Florida; that the Sections
of this Ordinance may be renumbered or relettered to accomplish such intention; that the word,
"Ordinance," may be changed to "Section," "Article," or other appropriate word. €!;
Section 7. Additional Legislative Intent. The City Council of the City of Cape Canaveral,
Florida, hereby finds and declares that this Ordinance is in addition and supplemental to the Brevard
County Public Decency Ordinance and that this Ordinance in no way whatsoever is intended to
conflict with the Brevard County Public Decency Ordinance. To the extent of any conflict between
the City of Cape Canaveral Sexually Oriented Business and Adult Entertainment Establishment
Ordinance and the Brevard County Public Decency Ordinance, the more restrictive conflicting
provision shall prevail. The City of Cape Canaveral's City Council finds and declared that this
Ordinance shall not be construed as opting the City of Cape Canaveral out of the Brevard County
Public Decency Ordinance. This Section 5 shall not be codified.
Section 8. Effective Date. This Ordinance shall become effective upon passage and
adoption by the City Council and pursuant to City Charter.
Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 20th day of July, 2004.
c 7
A CRov.,C)—(1C2k
ROCKY RANDELS, MAYOR
- ATTEST; FOR AGAINST
` ` - Bob Hoog Motion
Steve Miller Second
Suss/Stills, City Clerk Jim Morgan X
Rocky Randels X
Richard Treverton X
(11, City of Cape Canaveral
Ordinance No. 13 -2004
Page 63 of 64
Legal Ad Published 06/29/04
First Reading 07/06/04
Legal Ad Published 07/15/04
Second Reading 07/20/04
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF C • ' ' • AVERAL ONLY:
Anthony A. Garganese, CITY ATTORNEY
Cor
is
City of Cape Canaveral
Ordinance No. 13 -2004
Page 64 of 64