HomeMy WebLinkAboutOrdinance No. 01-1984 Emergency!CROFIL ,rED 4 -15.35
EMERGENCY ORDINANCE NO. 84 -1
AN EMERGENCY ORDINANCE ESTABLISHING CHAPTER 734,
"REGULATIONS OF NUDITY ON PREMISES WHERE ALCOHOLIC
BEVERAGES ARE SERVED *OR STORED; PROVIDING FOR
PENALTIES; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE AND
EXPIRATION DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned regarding the potential for increased
crime; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned for health, morals and welfare for the
citizens of Cape Canaveral; and
WHEREAS, the City Council of the City of Cape Canaveral
feels that nudity on premises where alcoholic beverages are
served *or stored may adversely affect crime and the health,
morals and welfare for the citizens of Cape Canaveral; and
WHEREAS, preventing such activities is of such paramount
importance that the City Council of the City of Cape Canaveral,
Florida, deems the situation to require emergency action;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 734, "Regulations of Nudity on
Premises where Alcoholic Beverages are Served'*or Stored ",
of the City Code of the City of Cape Canaveral, Florida, is
hereby established as follows:
Sec. 734.01 Nudity on Premises where Alcoholic Beverages
are served *or stored.
(A) It shall be unlawful for any person maintaining,
owning or operating a commercial establishment located
ithin the City of Cape Canaveral, Florida, at which
lcoholic beverages are served *or stored:
(1) To suffer or permit any female person, . while
n the premises of said commercial establishment, to
xpose to the public view that area of the human breast
t or below the areola thereof.
*Add word "consumed"
on June 15, 1984
EMERGENCY ORDINANCE NO. 84 -1
PAGE 1 OF 3
CROFftMED 4 -15 -85
(2) To suffer or permit any female person, while
on the premises of said commercial establishment,
to employ an device or covering which is intended
to give the appearance of or simulate such portions
of the human female breast as described in 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 served *or stored, to expose
to public view that area of the human female breast
at or below the areola thereof, or to employ any device
or covering which is intended to give the appearance
or simulate such areas of the female breast as described
herein.
(C) It shall be unlawful for any person, while on the
premises of a commercial establishment located within
the City of Cape Canaveral, Florida, at which alcoholic
beverages are served *or stored, to expose to public
view his or her genitals, pubic area, buttocks, anus
or anal cleft or cleavage, or to employ any device or
covering which is intended to give the appearance of
or simulate the genitals, pubic area, buttocks, anus
or anal cleft or cleavage.
(D) If any provision of this ordinance, or its
application to any person or circumstances, shall be
held invalid, the remainder of the ordinance, or the
application of the provision to other persons or cir-
cumstances, shall not be affected.
(E) If the owner, operator, lessor, lessee, manager,
employee or any other person participating in the
operation of a commercial establishment located within
the City of Cape Canaveral at which alcoholic beverages
are served *or stored shall be convicted of any of the
offenses designated in Section 734.01 (A), then the
City Treasurer shall revoke the occupational license
for said establishment after giving a reasonable notice
thereof to the holder of said license and affording the
holder an opportunity to be heard as to why the revo-
cation should not be issued.
Sec. 734.03 Penalty Any person violating any of the
provisions of this Chapter shall be punished as provided
in Section 801.02.
*Add word "consumed"
Amended on June 15, 1984 EMERGENCY ORDINANCE NO. 84 -1
PAGE 2 OF 3
MICROFILMED 4 -15 -85
SECTION 2. All portions of the Code in conflict
herewith are hereby repealed.
SECTION 3. This Emergency Ordinance shall take effect
immediately upon its adoption and shall expire 30 days from
date of adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 15th . day of
Jute
, 1984.
City Attorney
NAME
YES
NO
CALVERT
FISCHETTI
;X
NICHOLAS
RUTHERFORD
X
WINCHESTER
X
EMERGENCY ORDINANCE NO. 84 -1
PAGE 3 OF 3