§ 6-5. Beverage solicitations in commercial establishments prohibited.

(a)

Legislative intent. The legislative intent of this ordinance is to regulate commercial establishments in Port Orange, and specifically to prohibit the staff and performers of commercial establishments in Port Orange from soliciting the purchase of drinks or other goods for the consumption of staff and performers of the establishment; in order to protect the health, safety, and welfare of the customers who may enter such establishments; to protect the morals of minor children who may be engaged to work or perform in such establishments; to protect the city's economy; to protect the public from fraud; and to suppress lewd activities between customers and performers for commercial purposes.

(b)

Legislative findings. Based on the evidence and testimony presented before the city council on May 13, 1997, the city council finds and determines that:

(1)

Commercial establishments exist within East Central Florida where performers, employees, agents, or independent contractors solicit, beg, request, advise, entice, pressure, propose or suggest customers purchase items of value, primarily drink or beverages, ostensibly for the consumption by a performer, employee, agent, or independent contractor.

(2)

Section 562.131, Florida Statutes, prohibits such solicitation practices and activities in establishments which are licensed to sell alcoholic beverages.

(3)

The solicitation practices and activities described above are, however, conducted in certain commercial establishments which do not have a license to sell alcoholic beverages and/or which do not have the zoning or license to provide adult entertainment, but which are presented or promoted to the public in every manner possible as a bar or adult entertainment nightclub featuring sexually suggestive performances, often leading to confusion in customers who enter such establishments as to the actual nature of the establishments and their practices.

(4)

The solicitation practices and activities described above are primarily conducted by staff or performers who dress and speak to their customers in a sexually suggestive manner and who solicit customers to purchase a performer a drink at which time the customer is usually charged a premium price often without knowing that the drinks or beverages to be served will be "non-alcoholic." Customers in such establishments are also solicited to purchase such drinks for performers by waitresses, waiters, bartenders, disk jockeys, and other staff, as well as by the performers themselves.

(5)

The staff or performers who engage in such solicitation practices and activities in these commercial establishments are commonly teenagers who are sometimes under the age of 18 years.

(6)

The staff and performers in these commercial establishments who solicit drinks, beverages or other items are paid or compensated by the operators of the establishments through a fee or commission which is paid for each drink, beverage or other item that a customer buys for the use or consumption of a performer or staff member.

(7)

The staff or performers in these commercial establishments that engage in such solicitation practices and activities falsely tell or lead the customers to believe that they actually want to consume the drink, beverage or other item to be purchased; but the performers, employees, agents, or independent contractors are typically motivated by the commission paid by the establishment to them for each drink, beverage or other item purchased for them by a customer.

(8)

The staff or performers in the establishment who engage in such solicitation practices and activities engage in sexually suggestive performances, offer or suggest to customers that if they purchase a drink, beverage or other item for the performer the customer will receive a "private dance" or "table dance" or will be allowed to dance with or touch the performer, and actually dance with and allow customers to touch or grope them in order to successfully solicit the purchase of drinks.

(9)

Such solicitation practices and activities are deceptive and lead to fraudulent and deceptive trade practices and lewd activities between customers and staff or performers, are detrimental to the health, safety, and welfare of the customers who may enter such establishments, are detrimental to the morals of the minor children who are engaged as staff or performers in such establishments, and are determined to be detrimental to Port Orange's economy if such establishments operate in Port Orange.

(c)

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)

Staff or performer. This term shall mean any staff, performer, owner, manager, employee, independent contractor or other person who is allowed to work, perform, or earn income, tips or other compensation within any commercial establishment, irrespective of whether he or she is paid a salary or wage.

(2)

Commercial establishment. This term shall mean any site or premises, or portion thereof, which has or is required to have an occupational license, where any occupation or business is conducted, where money is collected from customers or members of the public, or where activities or operations are conducted for income or commercial or pecuniary gain, regardless of actual net profit or loss.

(3)

Customer. This term shall mean any person or member of the public, including any law enforcement officer, who enters a commercial establishment. The term shall not include any operator or staff or performer of the commercial establishment.

(4)

Operator. This term shall mean any person who engages in or performs any activity which is necessary to, or which facilitates the operation of a commercial establishment, including but not limited to the licensee, owner, manager, doorman, bartender, disk jockey, or supervisor.

(d)

Prohibited activities.

(1)

It shall be unlawful for any staff or performer of a commercial establishment in Port Orange to solicit, beg, request, advise, entice, pressure, propose to, or suggest to a customer at the establishment to purchase any drink, beverage, or other item of value for the use or consumption of that, or any other, staff or performer of the establishment.

(2)

It shall be unlawful for any operator of a commercial establishment in Port Orange to permit, suffer, or allow any staff or performer of the establishment to solicit, beg, request, advise, entice, pressure, propose to, or suggest to a customer or patron at the establishment to purchase any drink, beverage, or other item of value for the use or consumption of that, or any other, staff or performer of the establishment.

(3)

It shall be unlawful for any operator of a commercial establishment in Port Orange to permit, suffer, or allow any staff or performer of the establishment to solicit, beg, request, advise, entice, pressure, propose to, or suggest to a customer or patron at the establishment to purchase any drink, beverage, or other item of value for the use of consumption of that, or any other, staff or performer of the establishment.

(e)

Penalties. Whoever violates subsection (d) may be punished as provided in section 1-8 of the Code of Ordinances.

(f)

Injunctive relief. It is hereby found and declared that a violation of the provisions of this section constitutes an irreparable injury to the people of Port Orange. Accordingly, the city may additionally or alternatively institute a civil action in a court of competent jurisdiction to seek injunctive relief or enforce compliance with this section and to enjoin any violation of this article to prevent injury to the health, safety and general welfare caused or threatened by any violation.

(Ord. No. 1997-27, § 1, 6-3-97)