HomeMy WebLinkAboutOrdinance No. 46-1993•
ORDINANCE NO. 46 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 722.11, DEFINITIONS, OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO
PROVIDE FOR AMENDED DEFINITIONS OF ADULT DANCING
ESTABLISHMENT AND MASSAGE ESTABLISHMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Subsection (c) of Section 722.11, Definitions, of
the Code of Ordinances of the City of Cape Canaveral is hereby
amended to read as follows:
Sec. 722.11 Definitions
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(c) Adult dancing establishment means a commercial
establishment that permits, suffers or allows employees to
display or expose specified anatomical areas whether or not
employees engage in the act of dancing during such display or
exposure.
Any establishment on whose premises an employee, who need
not be the same employee, displays or exposes specified
anatomical areas on more than one day in a thirty day period
shall be deemed an adult dancing establishment and shall be
required to obtain a license under this Code.
SECTION 2. Subsection (q) of Section 722.11 of the Code of
Ordinances of the City of Cape Canaveral is hereby amended to read
as follows:
Sec. 722.11 Definitions.
* * *
(q) Massage Establishment means a site, premises or
vehicle or portion thereof, upon which any person, who is an
employee, manipulates the superficial tissues of the body of
another person, with any portion of the hand, foot, leg, arm,
or elbow, but not including the following: licensed health
care facilities; licensed physicians or nurses engaged in the
practice of their professions; educational athletic
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City of Cape Canaveral, Florida
Ordinance No. 46 -93
Page 2
facilities, if the massage is a normal and usual practice in
such facilities; establishments licensed under Chapter 480,
Florida Statutes, provided that all employees of said
establishments who manipulate the superficial tissues of the
body of another person are licensed under Chapter 480, Florida
Statutes; or establishments exempted under Chapter 480.034,
Florida Statutes.
SECTION 3. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 4. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 5. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 4th day of January , 1994.
ATTEST:
dYd o O s
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
Joh R. Kancilia, CITY ATTORNEY
Salamone, MAYOR
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RANDELS
SALAMONE
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Abs
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First Reading: 12/7/93
Posted: 12/9/93
Advertised: 12/23/93
Reading: 1/4/94