§ 6-4. Nudity and sexual conduct in establishments dealing in alcoholic beverages prohibited.

(a)

Findings of fact; purpose. The city hereby adopts the findings in Ordinance No. 1997-[26], which are incorporated by reference into this section. It is the intent of this section to specifically prohibit nudity, gross sexuality and the simulation thereof in establishments dealing in alcoholic beverages, for purposes of limiting the secondary effects of such activities, rather than to legislate with respect to matters of obscenity.

(a.1)

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

(1)

Alcoholic beverage means any beverage containing more than one percent alcohol by weight.

(2)

Breast means 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:

a.

Reasonably compact and contiguous to the areola; and

b.

Contains at least the nipple and the areola and one-fourth of the outside surface area of such gland.

(3)

Entity means a proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit and/or not-for-profit organization.

(4)

Establishment dealing in alcoholic beverages means a business, commercial or other establishment (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the state for sale and/or service of alcoholic beverages, and any bottle club, hotel, motel, restaurant, nightclub, country club, adult cabaret, or meeting facility utilized by any religious, social, fraternal or similar organization, and any business, commercial or other establishment; where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises or curtilage of said business, commercial or other establishment; or any business, commercial or other establishment where the consumption of alcoholic beverages is permitted. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be an establishment dealing in alcoholic beverages.

(5)

Nude means insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:

a.

The male or female genitals;

b.

The male or female pubic area;

c.

The female breast (see the last sentence in this subsection); or

d.

The anus and natal cleavage, with material at least three-fourths of one inch wide along its entire length. Attire which is sufficient to comply with this requirement includes, but is not limited to, thongs and T-backs. Attire which is insufficient to comply with this requirements includes, but is not limited to, G-strings.

Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. Each female person may determined which one-fourth of her breast area (see definition of breast) contiguous to and containing the nipple and the areola is to be covered.

(6)

Person means any live human being aged ten years of age or older.

(7)

Place provided or set apart for nudity means any enclosed single-sex public rest room, enclosed single-sex functional shower, locker and/or dressing room facility, enclosed motel room or hotel room designed and intended for sleeping accommodations, and any similar place in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include any place where a person's conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.

(b)

It shall be unlawful and a violation of this chapter for any person or entity maintaining, owning or operating an establishment dealing in alcoholic beverages:

(1)

To allow, acquiesce, encourage or permit any female person, while on the premises of the establishment, to expose, exhibit, display or reveal her breast or breasts, or to utilize any device or covering which is intended to give the appearance of or simulate her breast or breasts.

(2)

To allow, acquiesce, encourage, suffer or permit any person, while on the premises of the establishment, to appear nude or to expose, exhibit, display or reveal his or her genitals, pubic area, vulva or anus, or to utilize any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, vulva or anus.

(c)

It shall be unlawful and a violation of this chapter for any female person, while on the premises of an establishment dealing in alcoholic beverages to knowingly, intentionally or recklessly:

(1)

Expose, exhibit, display or reveal her breast or breasts;

(2)

Expose, exhibit, display or reveal the breast or breasts of another female person; or

(3)

Utilize any device or covering which is intended to give the appearance of or simulate the human female breast.

(d)

It shall be unlawful and a violation of this chapter for any person, while on the premises of an establishment dealing in alcoholic beverages to knowingly, intentionally or recklessly:

(1)

Appear nude;

(2)

Expose exhibit, display or reveal his or her genitals, pubic area, vulva or anus;

(3)

Utilize any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, vulva or anus.

(e)

Each female person may determine which one-fourth of her breast surface area (see definition of breast) contiguous to and containing the areola is to be covered.

(f)

The prohibitions of this section shall not apply when a person appears nude in a place provided or set apart for nudity, provided that:

(1)

Such person is nude for the sole purpose of performing a legal function that is customarily intended to be performed within such place provided or set apart for nudity; and

(2)

Such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.

(g)

The prohibitors of this section shall not apply when a female person exposes her breast when permitted by state law (i.e., breast feeding).

(h)

This section shall not be deemed to address photographs, movies, video presentations, or other non-live performances.

(i)

Any person or entity found guilty of violating this section shall, upon conviction thereof, be subject to the penalties provided in section 1-8 of this Code.

(j)

In addition to the procedures provided herein, entities that are not in conformity with these requirements shall be subject to appropriate civil action in the court of appropriate jurisdiction for injunctive relief.

(Code 1981, § 4-4; Ord. No. 1997-26, § 1, 6-3-97)

State law reference

Authority to regulate conduct at alcoholic beverage establishments, F.S. § 562.45(2)(b).