For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. shall mean:
(1) An establishment which advertises, sells, or rents, or offers for sale or rent adult material.
(2) The provisions of division (1) of this definition are not intended to apply and it is an affirmative defense to an alleged violation of this code regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that at the establishment:
(a) Admission is not restricted to adults only;
(b) All adult material is accessible only by employees;
(c) The gross income from the sale and/or rental of adult material comprises less than 10% of the gross income from the sale and rental of the goods or services at the establishment; and
(d) The individual items of adult material offered for sale and/or rental comprise less than 10% of the total individual new items publicly displayed as stock-in-trade in any of the following categories: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videotapes, slides, or other visual representations and recordings, or other audio matter or less than 10% of the individually used items publicly displayed at the establishment as stock-in-trade in the same categories set out above.
ADULT BOOTH. A small enclosure inside an adult entertainment establishment accessible to any person, regardless of whether a fee is charged for access. The term ADULT BOOTH includes, but is not limited to, a “peep show” booth, or other booth used to view “adult material” but does not include a restroom or a foyer through which the public enters or exits the establishment.
ADULT ENTERTAINMENT ESTABLISHMENT. An adult theater, an adult bookstore, or an adult performance establishment operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this code. “Operated for commercial or pecuniary gain” shall not depend upon actual profit or loss. An establishment which has an occupational license shall be presumed to be “operated for commercial or pecuniary gain.” An establishment with an adult entertainment license shall be presumed to be an adult entertainment establishment.
ADULT MASSAGE ESTABLISHMENT.
(1) Any establishment or portion thereof, where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, whether or not the manipulation is aided by any electrical or mechanical or other device, with or without a chemical preparation, accompanied by the display or exposure of specified anatomical areas. Such establishments shall not include the following:
(a) Licensed health care facility;
(b) Licensed physicians or nurses engaged in the practice of their professions;
(c) Educational or athletic facilities, if the massage is a normal and usual practice in such facilities; or
(d) Establishments exempted under F.S. § 480.034, or any successor thereto, provided that all employees of said establishments who manipulate the superficial tissues of the body of another person are licensed under F.S. Chapter 480.
(2) The term
ADULT MASSAGE ESTABLISHMENT is included within and supplements the definition of adult performance establishments.
ADULT MATERIAL. Any one or more of the following regardless of whether it is new or used:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videotapes, slides, or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or
(2) Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT MOTEL. Any motel, hotel, boardinghouse, roominghouse or other place of temporary lodging which includes the word “adult” in any name it uses or otherwise advertises the presentation of films, motion pictures, videotapes, slides, or other photographic reproductions, which have as their primary or dominate theme matters depicting, illustrating, or relating to specified sexual activities or specified anatomical areas. The term ADULT MOTEL is included within the definition of ADULT THEATER.
ADULT PERFORMANCE ESTABLISHMENT.
(1) Shall mean an establishment where any employee:
(a) Engages in a private performance or displays or exposes any specified anatomical areas to a patron, regardless of whether the employee actually engages in dancing;
(b) Wears any covering, tape, pastie, or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas, regardless of whether the employee actually engages in dancing:
(c) 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: or
(d) Dances or performs with or within three feet of a patron and accepts any consideration, tip, remuneration, or compensation from or on behalf of that person.
(2) It is an affirmative defense that an establishment is not an adult performance establishment if the establishment is a bona fide private club whose membership as a whole engages in social nudism or naturalism as in a nudist resort or camp, or such other establishment in which the predominant business or attraction of the establishment is not the offering to customers of a product, service, or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and, the establishment is not distinguished by an emphasis on or the advertising or promotion of materials relating to or employees depicting, describing, displaying, exposing, or simulating specified sexual activities or specified anatomical areas.
(3) 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 first sentence of F.S. § 800.03, the state's indecent exposure statute as set forth in the decision of the Supreme Court of Florida in the case of Hoffman v. Carson, 250 So. 2d 891, 893 (Fla. 1971), appeal dismissed 404 U.S. 981 (1971).
(4) To the degree not described by this definition of
ADULT PERFORMANCE ESTABLISHMENT, an adult massage establishment, as herein defined, shall be considered to be an adult performance establishment.
ADULT THEATER. Any establishment which has adult booths where adult material may be viewed or any establishment which has an auditorium, 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.
ALCOHOLIC BEVERAGE. A beverage containing more than 1% of alcohol by weight. It shall be prima-facie evidence that a beverage is an alcoholic beverage if there is proof that the beverage in question was or is known as beer, wine, whiskey, moonshine whiskey, moonshine, shine, rum, gin, tequila, bourbon, vodka, scotch, scotch whiskey, brandy, malt liquor, or by any other similar name or names, or was contained in a bottle or can labeled as any of the above names, or a name similar thereto, and the bottle or can bears the manufacturer's Insignia, name, or trademark. Any person who, by experience in the handling of alcoholic beverages, or who by taste, smell, or drinking of such alcoholic beverages has knowledge of the alcoholic nature thereof, may testify as to his opinion about whether such beverage is an alcoholic beverage.
COMMISSION. The City Commission of Lake Mary, Florida.
CONVICTION. A determination of guilt resulting from a plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.
DEPARTMENT. The Planning/Zoning and Building Department, the Fire Chief, and Police Department, including the respective director, employees, officers, and agents thereof.
EDUCATIONAL INSTITUTION. A premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term EDUCATIONAL INSTITUTION includes a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high or middle school, senior high school, or any special institution of learning. However, the term EDUCATIONAL INSTITUTION does not include a premises or site upon which there Is a vocational institution, professional institution or an institution of higher education, including a community college, junior college, four-year college or university.
EMPLOYEE. A person who works, performs, or provides services at an adult entertainment establishment, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, independent contractors, sub-contractors, lessees, or sub-lessees who work or perform at an adult entertainment establishment.
ESTABLISHMENT. Any site or premises, or portion thereof, upon which any person, corporation, or business conducts activities or operations for commercial or pecuniary gain. “Operated for commercial or pecuniary gain” shall not depend upon actual profit or loss. An establishment which has an occupational license shall be presumed to be “operated for commercial or pecuniary gain”.
LAW ENFORCEMENT OFFICER. An officer who is on official duty for a law enforcement agency.
LICENSEE. Any person whose application for an adult entertainment establishment has been granted and who owns, operates, or controls the establishment.
OPERATOR. Any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establishment, including but not limited to, the licensee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, or movie projectionist.
PATRON or CUSTOMER. Any person at an establishment other than employees or operators of the establishment, regardless of whether that person has actually given any consideration or spent any money for goods or services.
PARK.
A tract of land within the city or unincorporated area of the county which is kept for ornament or recreation and which is maintained as public property.
POLICE CHIEF. The Chief of Police of the city or any of his designees as may be employed by the Police Department of the city.
PRE-EXISTING. Shall mean as follows:
(1) When used together with the term “adult entertainment establishment,” “religious institution,” “educational institution,” “commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption,” or “residence” the word “pre-existing” shall mean:
(a) The establishment, institution, or residence is already being lawfully used or lawfully occupied;
(b) A building permit for the establishment, institution, or residence has been lawfully issued, all fees associated with the permit have been paid, and the permit has not expired; or
(c) An application or plan to allow the establishment, institution, or residence to be constructed, used, or occupied has been filed and is undergoing review or is approved, with or without conditions.
(2) When used with the term “park,” the word “pre-existing” shall mean:
(a) The park is already being used; or
(b) The park site has been approved or otherwise designated by the appropriate governing body.
PRIVATE PERFORMANCE. Modeling, posing, or the display or exposure of any specified anatomical area by an employee of an adult entertainment establishment 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 is in an area in which the patron is totally or partially screened or partitioned during such display from the view of all persons outside the area.
PUBLIC NUDITY. To display or expose at an adult entertainment establishment less than completely and 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.
RELIGIOUS INSTITUTION. A premises or site which is used primarily or exclusively for religious worship and related religious activities.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals or pubic region;
(b) Any part of the human buttocks; or
(c) That portion of the human female 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 human 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.
(2) Human male genitals in a discernibly erect or turgid state, even if completely and opaquely covered.
(3) Any simulation of the above.
SPECIFIED CRIMINAL ACT.
(2) Any offense under the following Chapters of the Florida Statutes: F.S. Chapter 794 regarding sexual battery, Chapter 796 regarding prostitution, Chapter 800 regarding lewdness and indecent exposure, and Chapter 847 regarding obscene literature; or
(3) An offense under an analogous statute of a state other than the state, or an analogous ordinance of another county or city.
SPECIFIED SEXUAL ACTIVITY.
(1) Human genitals in a state of sexual stimulation, arousal, erection 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, fellation, 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 divisions (1), (2), or (3).
STRADDLE DANCE. Also known as a “lap dance”, “face dance,” or “friction dance” shall mean either of the following acts at an establishment:
(1) The use by an employee 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 employee with another person. It shall be a “straddle dance” regardless of whether the “touch” or “touching” occurs while the employee 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 an employee over any part of the body of another person at the establishment, regardless of whether there is a touch or touching.
(Ord. 763, passed 8-24-95)