CHAPTER 86: ADULT BUSINESSES
Section
General Provisions
   86.01   Location of adult businesses
   86.02 through 86.09 Reserved
   86.10   Findings
   86.11   Purpose
   86.12   Massage establishments
Licensing
   86.30   Zoning approval required
   86.31   License generally
   86.32   License application; fee
   86.33   License application procedure
   86.34   Application review and issuance of license
   86.35   License form, term, and renewal
   86.36   License transferability
   86.37   License suspension and revocation
   86.38   Name changes
   86.39   Records and reports
Regulations
   86.50   General requirements
   86.51   Alcoholic beverages
   86.52   Supplementary requirements
Additional Prohibitions
   86.60   Operating without a license
   86.61   Operating in violation of requirements
   86.62   Allowing employee to engage in prohibited acts
   86.63   Advertising prohibited activity
   86.64   Specified criminal offense
   86.65   Minors prohibited
   86.66   Working at unlicensed establishment
   86.67   Engaging in prohibited activity
   86.68   Touching of employee by nonemployee
   86.69   Adult mini motion picture theaters, adult booths, and outdoor adult theaters prohibited
   86.70   Use of rest rooms or dressing rooms
   86.71   Hours of operation
   86.72 through 86.79 Reserved
   86.80   Notices
GENERAL PROVISIONS
§ 86.01 LOCATION OF ADULT BUSINESSES.
   86.01(A)    ; findings and purpose. In the development, enforcement, and amendment of this Section, it is recognized that there are uses and which because of their very nature are recognized as having serious objectionable characteristics particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon the adjacent business and . Further, it is recognized that the location of even one such use near a or other incompatible use causes such deleterious effects on the neighborhood and on the businesses that serve the neighborhood. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of the surrounding neighborhood.
   86.01(B)   Distance limitations between .
   86.01(B)(1)   None of the set forth in this Section, or added from time to time to this Section by amendment, shall be located or operated nearer to the same or any other nor nearer to any such church or public, private, or parochial kindergarten, nursery, elementary, middle, or high school, day care center, hospital, owned and/or partly or wholly occupied by a government agency, library, or post office than 1,000 feet. Measurement of the 1,000 feet shall be made in accordance with subsection 86.01(B)(3) below. Where an is located in conformity with the provisions of this Chapter, the subsequent locating of one of the provide above within 1,000 feet of an existing shall not cause a violation of this Section.
   86.01(B)(2)   None of the set forth in this Section, or added from time to time to this Section by amendment, shall be located or operated nearer than 500 feet to a residentially zoned district. Measurement of the 500 feet shall be made in accordance with subsection 86.01(B)(3) below. Where an is located in conformity with the provisions of this Chapter, the subsequent locating of a residentially zoned district within 500 feet of an existing shall not cause a violation of this Section.
   86.01(B)(3)   For the purposes of this Section, all measurements of distances shall be along a straight airline route from the nearest point on the property line of any property or that is an under this Chapter. If the property is one of multiple, separate but attached bays designed for separate businesses, the property line of the parcel that contains the multiple-bay structure shall be considered the property line for purposes of this measurement. Therefore, no more than one may be located in any one , even if that contains multiple, separate but attached bays designed for separate businesses. To determine the distances regulated by this Section, the seeking to establish or operate an shall furnish to the a survey sealed by a Professional Surveyor and Mapper who is licensed by the of Florida. The survey shall indicate the distance between the proposed and any other , church, school, hospital, owned and/or partly or wholly occupied by government agency, library, or post office as described in subsections 86.01(B)(1) and 86.01(B)(2) above.
   86.01(B)(4)   Variances to the location standards of this Section shall not be permitted.
   86.01(C)      . The following uses are declared to be “ :”
   86.01(C)(1)    ;
   86.01(C)(2)    ;
   86.01(C)(3)    ;
   86.01(C)(4)    ;
   86.01(C)(5)    ;
   86.01(C)(6)    /modeling studio;
   86.01(C)(7)   Massage establishment; and
   86.01(C)(8)   Any bookstore, video store, motion picture theater, , dancing establishment, massage establishment, or photo or modeling studio: (a) that includes the word “adult” in its name; or (b) where an , , or exposes his or her for viewing by patrons; or (c) which exposes material to minors that may not be exposed to minors under F.S. Chapter 847 shall be considered an .
(Ord. 2010-15, passed 10-4-2010)
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