(A) The prohibitions of § 173.064 shall not apply:
(1) When a person appears nude in a place provided or set apart for nudity, as defined by this subchapter, provided:
(a) Such person is nude for the sole purpose of performing the legal function(s) that is/are customarily intended to be performed within such place provided or set apart for nudity; and
(b) Such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.
(2) When the conduct of being nude cannot legally be prohibited by this subchapter because:
(a) It constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain (see for instance Board of City Commissioners v. Dexterhouse, 348 So. 2d 916 (Fla. 2nd DCA 1977), and as such is protected by the United States Constitution or Florida Constitution; or
(b) It is otherwise protected by the United States Constitution or Florida Constitution.
(B) A mother's breast feeding of her baby does not under any circumstance violate the provisions of this subchapter.
(C) In establishments or businesses denominated as adult entertainment establishments or sexually-oriented businesses and regulated by the Palm Bay Adult Entertainment Code.
(Ord. 2007-31, passed 4-30-07)