§ 18-236. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

Adult bookstore means an establishment which advertises, sells, rents or offers for sale or rent, adult material. This definition shall not be met and it shall be an affirmative defense to an alleged violation of this article regarding operation of an adult bookstore without an adult entertainment license if the alleged violator shows that all of the following are true at the establishment:

(1)

Admission is not restricted to adults only;

(2)

All adult material is accessible only by workers ("accessible" meaning that the adult material can be touched, picked up or handled, or that adult material can be seen so that substantially more than its name or title is visible;

(3)

Each month, the gross revenue from the sale and/or rental of adult material comprises less than 25 percent of the gross revenue from the sale and rental of all materials, goods and services at the establishment;

(4)

The individual items of adult material offered for sale and rental comprise less than 25 percent of the total individual new items publicly displayed as stock in trade in each of the following categories: books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, other visual representations, compact discs, audio recordings, and other audio matter;

(5)

The individual items of adult material offered for sale and rental comprise less than 25 percent of the total individual used items publicly displayed as stock in trade in any of the categories listed in subsection (a)(4) of this section; and

(6)

The floor area used to display adult material comprises less than ten percent of the total floor area used to display all material and goods at the establishment.

(b)

Adult booth means a small enclosure, inside an adult entertainment establishment, which is accessible to any person regardless of whether a fee is charged for access. The term includes but is not limited to "peep show" booths and other booths used to view adult material, but does not include rest rooms or foyers through which the public enters or exits the establishment.

(c)

Adult entertainment establishment means an adult theater, adult bookstore or adult performance establishment, operated for commercial or pecuniary gain. For purposes herein, "operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. An establishment with an adult entertainment business tax receipt shall be deemed to be an adult entertainment establishment.

(d)

Adult material means any one or more the following regardless of whether it is new or used:

(1)

Any book, magazine, periodical or other printed matter; any photograph, film, motion picture, videotape, slide, computer digital graphic recording or other visual representation or visual recording; or any compact disc, audio recording or other audio matter; which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activity or any specified anatomical area; or

(2)

Any instrument, novelty item, device or paraphernalia which is designed for use in connection with specific sexual activity, excluding bona fide birth control devices.

(e)

Adult motel means any motel, hotel, boardinghouse, rooming house or other place of temporary lodging which includes the word "adult" in any name it uses, or which otherwise advertises the presentation of films, motion pictures, videotapes, slides or other photographic reproductions that fall within the definition of "adult material." The term is included within the definition of "adult theater."

(f)

Adult performance establishment means any adult entertainment establishment where any worker or any participant in an event sponsored by the establishment:

(1)

Engages in a private performance, acts as a private model or displays or exposes any specified anatomical area to a patron;

(2)

Wears and displays to a patron any covering, tape, pastie or other device that simulates or otherwise gives the appearance of the display or exposure of any specified anatomical area;

(3)

Offers, solicits or contracts to dance or perform with a patron in consideration for any tip, remuneration or compensation from or on behalf of that person;

(4)

Offers, solicits or contracts to dance or perform with a patron and accepts any tip, remuneration or compensation from or on behalf of that person;

(5)

Dances or performs within three feet of a patron while displaying or exposing any specified anatomical areas in considerations for any tip, remuneration or compensation from or on behalf of that person; or

(6)

Dances or performs within three feet of a patron while displaying or exposing any specified anatomical areas and accepts any tip, remuneration or compensation from or on behalf of that person.

This definition shall not be met and it shall be an affirmative defense to an alleged violation of this article regarding operation of an adult performance establishment if the alleged violator demonstrates either (1) that the establishment is a bona fide private club whose membership as a whole engages in social nudism or naturism as in a nudist resort or camp; or (2) that the predominant business or attraction of the establishment is not the offering to customers of a product, service or entertainment that is intended to provide sexual stimulation or sexual gratification to customers, and the establishment and its advertising is not distinguished by an emphasis on or the advertising or promotion of matters or persons depicting, describing, displaying, exposing or simulating any specified sexual activities or specified anatomical areas. 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 state's indecent exposure statute (first sentence of F.S. § 800.03, as set forth in the decision of the Supreme Court of Florida in the case Hoffman v. Carson , 250 So.2d 891, 893 (Fla. 1971), appeal dismissed 404 U.S. 981 (1971).

(g)

Adult theater means an adult entertainment establishment which has adult booths where adult material may be viewed, or an establishment which has an auditorium, one or more rooms, or an open-air area where persons may view films, motion pictures, video cassettes, slides 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 booth or peep show arcades are considered to be adult theaters.

(h)

Alcoholic beverage shall have the same meaning as set forth in section 6-4 of the Code of Ordinances.

(i)

City manager means the city manager or designee unless otherwise indicated.

(j)

Conviction means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

(k)

Escort shall mean any person who, for commercial or pecuniary gain, compensation or tips, agrees to or offers to go to any place, including a business, hotel, motel, residence or conveyance, to do any of the following acts:

(1)

Act as a companion for, or converse with, a customer;

(2)

Engage in physical contact with another person;

(3)

Provide private adult entertainment;

(4)

Engage in private modeling or lingerie modeling;

(5)

Display specified anatomical areas, strip naked or go topless; or

(6)

Engage in any specified sexual activity.

Nothing in this definition shall be construed to legalize conduct prohibited by this ordinance or other law.

(l)

Escort service or escort agency means any business or establishment that:

(1)

Advertises as an "escort service" or "escort agency" or otherwise offers or advertises that it can send or provide "escorts," private dancers or private models; or

(2)

Offers, or provides for a fee or gratuity, workers, other than massage therapists licensed under F.S. Ch. 480, for pre-arranged private sessions with customers at a place of business (other than the escort service), hotel room or motel room for the purpose of companionship, entertainment, modeling, massage, conversation or sexual activities.

The term excludes dating or matching services which arrange social matches or dates for two persons who each wish to meet a compatible companion when neither person solicits, accepts or receives any financial gain or monetary tip, consideration or compensation from any person for the meeting or date.

(m)

Law enforcement officer means an officer who is on official duty for a law enforcement agency.

(n)

Business tax receipt means a business tax receipt as required by this article.

(o)

Business tax recipient means any person whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment.

(p)

Nudity means the display or exposure, of any of the following while they are less than completely or opaquely covered:

(1)

Human genitals or pubic region;

(2)

The cleavage of the human buttocks; or

(3)

The areola or nipple of the human female breast.

(q)

Operator means any person who engages in or performs any activity necessary to or which facilities the operation of an adult entertainment establishment, including but not limited to the business tax receipt, or any manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker or movie projectionist.

(r)

Patron or customer means any person, other than an worker or operator of the establishment:

(1)

Who is present at an establishment, regardless of whether that person has given any consideration or spent any money for goods or services; or

(2)

Who has paid, or has offered, agreed, been solicited, or had someone else offer to agree on that person's behalf, to pay any consideration, fee, gratuity, or tip to an adult entertainment establishment or to an operator or worker of an adult entertainment establishment.

(s)

Physical contact means to manipulate, wash, scrub, stroke or touch, for commercial or pecuniary gain, another person's body, either indirectly, through a medium using any object, instrument, substance or device, or directly.

(t)

Physical contact parlor means a business, establishment or place, operated for commercial or pecuniary gain, where any worker engages in physical contact, or any business or establishment or portion of the site of any business or establishment which is set aside, advertised, or promoted as a place where physical contact occurs, including a "body scrub salon" or "relaxation salon." The term specifically excludes the following:

(1)

Massage therapy establishments licensed under F.S. Ch. 480, operated by or employing massage therapists or apprentice massage therapists licensed pursuant to F.S. Ch. 480;

(2)

Professional offices operated by one or more persons licensed under the laws of Florida to practice medicine, surgery, osteopathy, chiropody, naturopathy, physical therapy or podiatry, or to work as physician's assistants; or operated by one or more persons holding a drugless practitioner's certificate;

(3)

Hospitals, clinics, nursing homes, sanitariums, and other health care related facilities licensed under the laws of Florida;

(4)

Barber shops and beauty parlors operated by barbers, beauticians or cosmetologists licensed under the laws of Florida; and

(5)

Governmental institutions and bona fide state, county, or private educational institutions.

(u)

Private model means any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modeling or display of lingerie, bathing suits, undergarments or specified anatomical areas to a patron.

(v)

Private performance means modeling or posing before a patron, or displaying or exposing any specified anatomical area to a patron, while the patron is in an area not accessible during such display to all other persons in the establishment or while the patron or worker is in an area in which the patron is totally or partially screened or partitioned during such display from the view of persons outside the area.

(w)

Sexually oriented business means an escort service or physical contact parlor.

(x)

Specified anatomical area means any or all of the following:

(1)

Human genitals or pubic regions;

(2)

Any part of the human buttocks; or

(3)

That portion of the human breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.

(y)

Specified violation or criminal act means any or all of the following:

(1)

A violation of this article;

(2)

An offense under any of the following chapters of the Florida Statutes: ch. 794, regarding sexual battery; ch. 796, regarding prostitution; ch. 800, regarding lewdness and indecent exposure; or ch. 847, regarding obscene literature; or

(3)

An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or city.

(z)

Specified sexual activity means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast;

(3)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy or urolagnia; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (a) (1) through (a)(3) of this section.

(aa)

Straddle dance, also known as a "lap dance," "face dance" or "friction dance," means either of the following acts at an establishment:

(1)

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 to another person while at the establishment. It shall be a straddle dance regardless of whether the touch or touching occurs while the worker is displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching is direct or through a medium.

(2)

The straddling of the legs of a worker over any part of the body of another person other than another worker at the establishment, regardless of whether there is a touch or touching, or whether the touch or touching is direct or through a medium.

(bb)

Worker means a person who works, performs, dances or provides other services at an adult entertainment establishment regardless of whether he or she is paid a salary or wage. The term shall include but is not limited to independent contractors, subcontractors, lessees and sublessees who work or perform at an adult entertainment establishment. An operator, as defined by this article, is deemed a worker.

(Ord. No. 1997-25, § 6, 6-3-97; Ord. No. 2007-13, § 26, 3-20-07)