HomeMy WebLinkAboutOrdinance No. 19-1979MICROFILMED 344-80
ORDINANCE NO. 19-79
AN ORDINANCE AMENDING CHAPTER 733 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA, ALCOHOLIC
BEVERAGE SALE REGULATIONS, BY PROHIBITING CERTAIN
TYPES OF CONDUCT COMMONLY KNOWN AS TOPLESS OR
BOTTOMLESS PERFORMANCES WITHIN ESTABLISHMENTS
LICENSED TO SELL ALCOHOLIC BEVERAGES; BY PROVIDING
FOR PENALTIES; BY PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, as follows:
SECTION 1. Chapter 733 of the Code of the City of Cape
Canaveral, Florida, Alcoholic Beverage Sale Regulations, is
amended by adding thereto a new section to be numbered
Section 733.05 to read as follows:
Sec. 733.05 Nudity on Premises where Alcoholic Beverages
are offered for sale.
(a) It shall be unlawful for any person maintaining,
owning, or operating a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises:
(1) To suffer or permit any female person, while
on the premises of said commercial establishment,
to expose to the public view that area of the
human breast at or below the areola thereof.
(2) To suffer or permit any female person, while
on the premises of said commercial establishment
to employ any device or covering which is intended
to give the appearance of or simulate such portions
of the human female breast as described is sub -
section (a) (1).
(3) To suffer or permit any person, while on the
premises of said commercial establishment to
expose to public view his or her genitals, pubic
area, buttocks, anus or anal cleft or cleavage.
(4) To suffer or permit any person, while on the
premises of said commercial establishment, to
employ any device or covering which is intended
to give the appearance of or simulate the genitals,
pubic area, buttocks, anus, anal cleft or cleavage.
(b) It shall be unlawful for any female person, while
on the premises of a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises, to expose to public view that area of the
human female breast at or below the areola thereof, or to
employ any device or covering which is intended to give
the appearance or simulate such areas of the female breast
as described herein.
MICRO-FILMED 3.14-80
(c) It shall be unlawful for any person, while
on the premises of a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises, to expose to public view his or her
genitals, pubic area, buttocks, anus or anal cleft or
cleavage, or to employ any device or covering which is
intended to give the appearance of or simulate the
genitals, pubic area, buttocks, anus or anal cleft or
cleavage.
(d) Any person who shall violate any provision of
this Section shall be guilty of an offense against the
City punishable as provided in Sec. 801.02 of Code of
the City of Cape Canaveral, Florida.
SECTION 2. If any provision of this ordinance, or its
application to any person or circumstances, shall be held
invalid, the remainder of the ordinance, or the application
of the provision to other persons or circumstances, shall
not be affected.
SECTION 3. If the owner, operator, lessor, lessee,
manager, employee or any other person participating in the
operation of a commercial establishment located within the
City of Cape Canaveral at which alcoholic beverages are
offered for sale for consumption on the premises shall be
convicted of any of the offenses designated in Sec. 733.05 (a)
as set forth in Section 1 hereof, then the City Treasurer
shall revoke the occupational license for said establishment
after giving a reasonable notice thereof to the holder of
said license and affording the holder an opportunity to be
heard as to why the revocation should not be issued.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral
Florida this 4 day of December
, 1979.
ORDINANCE NO. 19 -79
PAGE 2 OF 2
NAME
BOYD
CALVERT
LEE
MURPHY
RUTHERFOF
YES
X
NO
x
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