§ 26-152. 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:

Child care center means any establishment that provides, on a regular basis, supervision and care for more than five children unrelated to the operator for a period of less than 24 hours a day and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for a profit, except that the following are not included: public schools and non-public schools which are in compliance with the compulsory school attendance law, F.S. ch. 232; summer camps having children in full-time residence; summer day camps; Bible schools normally conducted during vacation periods; and any child care center which is owned and operated by and located on the grounds of, or adjacent to, a church/synagogue. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries.

Church/synagogue means tax exempt buildings used for nonprofit purposes by a recognized and legally established sect for purpose of worship including educational buildings when operated by such church/synagogue.

Division means the county community development services division, including its respective administrator, his designee, related departments, employees, officers and agents.

Employee means a person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. A person may be considered an employee under this definition even if said person is an independent contractor, provided that said person has a substantial or consistent relationship with the business of, or entertainment/services provided by, the sexually-oriented business.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

Establishment means and includes any of the following:

(1)

The opening or commencement of any sexually-oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;

(3)

The addition of any sexually-oriented business to any other existing sexually-oriented or nonsexually-oriented business; or

(4)

The relocation of any sexually-oriented business.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast.

Operator means and includes the owner, permit holder, custodian, manager, operator and person in charge of any permitted premises.

Permitted premises means any premises that requires a permit and that is classified as a sexually-oriented business under this article.

Permittee means a person in whose name a permit to operate a sexually-oriented business has been issued as well as the individual listed as an applicant on the application for a permit.

Physical culture establishment means any establishment which offers, provides or advertises massage, body rubs or physical contact with specified anatomical areas, regardless of whether or not said establishment has received a sexually-oriented business permit under this article. Establishments which routinely provide medical services by state licensed medical practitioners, electrolysis treatment by permitted operators of electrolysis equipment, and massage by licensed massage therapists shall be excluded from the definition of adult physical culture establishments.

It is not the intent of this article to regulate matters of massage establishments. These matters are regulated by the department of professional regulation, board of massage, and by state law, F.S. ch. 480.

Public recreation area means public land which has been designated for recreational activities, including, but not limited to, nature trails, boating, picnicking, beaches, parks, playgrounds, ball fields, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land.

School means a facility which is in compliance with the compulsory school attendance law, F.S. ch. 232, and provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, and high schools.

Semi-nude or semi-nudity means a state of dress in which clothing covers no more than the genitals, pubic region, and the areola or nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Sexual encounter center means a sexually-oriented business or similar commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi-nudity.

Sexually-oriented arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Sexually-oriented bookstore, sexually-oriented video store or sexually-oriented novelty store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are characterized by depictions or descriptions of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

For the purposes of this definition, the term "principal business purpose" shall include any such commercial establishment which:

(1)

Derives 25 percent or more of its gross monthly revenues from the sale or rental of the inventory and/or materials described in this definition;

(2)

Has as 25 percent or more of its stock in trade the inventory and/or materials described in this definition;

(3)

Devotes 25 percent or more of its interior business area to the sale or rental of the inventory and/or materials described in this definition;

(4)

Devotes 25 percent or more of its advertising to the sale or rental of the inventory and/or materials described in this definition; or

(5)

Does not meet one or more of the criteria in this subsection, but does offer for sale or rental the inventory and/or materials described in this definition in a manner which demonstrates that the sale or rental of the aforesaid materials is a principal business purpose.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material characterized by depictions or descriptions of specified sexual activities or specified anatomical areas and still be categorized as a sexually-oriented bookstore, sexually-oriented video store or sexually-oriented novelty store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually-oriented bookstore, sexually-oriented video store or sexually-oriented novelty store so long as one of its principal business purposes is the offering for sale or consideration of the specified materials characterized by depictions or descriptions of specified sexual activities or specified anatomical areas.

Sexually-oriented business means a sexually-oriented arcade, sexually-oriented bookstore, sexually-oriented video store or sexually-oriented novelty store, sexually-oriented cabaret, sexually-oriented motel/hotel, sexually-oriented motion picture theater, sexually-oriented theater, escort agency, physical culture establishment, nude model studio, or sexual encounter center.

Sexually-oriented cabaret means a night club, bar, bottle club as defined in F.S. ch. 561, restaurant, or other commercial business or establishment, whether or not alcoholic beverages are served, which regularly features:

(1)

Persons who appear in a state of nudity or semi-nudity;

(2)

Live performances, appearances or exhibitions which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually-oriented motel/hotel means a motel, hotel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by depiction or description of specified sexual activities or specified anatomical areas; and which advertises the availability of this sexually oriented type of photographic reproductions by means of a sign visible from the public right-of-way or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio and television;

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Sexually-oriented motion picture theater means a commercial establishment where for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually-oriented theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region;

b.

Buttock; or

c.

Areola or nipple of the female breast.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified criminal act means:

(1)

A criminal violation of this article;

(2)

An offense under F.S. ch. 794 (sexual battery);

(3)

An offense under F.S. ch. 796 (prostitution);

(4)

An offense under F.S. ch. 800 (lewdness; indecent exposure);

(5)

An offense under F.S. ch. 826 (bigamy; incest);

(6)

An offense under F.S. ch. 847 (obscene literature; profanity); or

(7)

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

Specified sexual activities means:

(1)

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

(2)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(3)

Sex acts, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy and also including as examples, but not limited to, any of the following: acts of human analingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, urolagnia or zooerasty;

(4)

Masturbation, actual or simulated; or

(5)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4) of this definition.

Straddle dance (also known as a lap dance) means the use by an employee of a sexually-oriented business of any part of his body to touch the genital or pubic area of a person, or to touch the breast of a female person, whether clothed or unclothed, while at the business; or the touching of the genital or pubic area of an employee by a person while at the business; or the touching of the breast of a female employee, whether clothed or unclothed, by a person while at the business. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee is nude, semi-nude or 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.

Transfer of ownership or control of a sexually-oriented business means and includes any of the following:

(1)

The sale, lease, or sublease of a business;

(2)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. No. 91-83, § 4)

Cross reference

Definitions generally, § 1-2.