§ 4.3.24. Adult entertainment business.

A.

The Board hereby finds as follows:

(1)

The possession, display, exhibition, production, distribution and sale of books, magazines, motion pictures, video tapes, prints, photographs, periodicals, records, novelties and similar devices which depict, illustrate, describe or relate to specified sexual activities is a business that exists within the State of Florida.

(2)

The operating and maintaining of places presenting dancers displaying or exposing specified anatomical areas are businesses that exist within the State of Florida.

(3)

When the activities detailed in Sections 4.3.24.A(1) and 4.3.24.A(2) are present in an area, other activities tend to accompany them which are illegal, immoral or unhealthful, such as prostitution; lewd and lascivious behavior; exposing minors to harmful materials; possession, distribution and transportation of obscene materials; sale or possession of controlled substances; and violent crimes against persons and property; and these illegal, immoral or unhealthful activities tend to concentrate around and be aggravated by the presence of the activities detailed in Sections 4.3.24.A(1) and 4.3.24.A(2) above.

(4)

Based upon evidence and testimony from the County's professional planners, the grouping together of the activities described above lowers property values, detracts from the aesthetic beauty of residential, commercial and institutional neighborhoods and is harmful to juveniles who congregate in such residential and institutional areas.

(5)

Based upon evidence and testimony from the County's professional law enforcement officers, the grouping together of the activities described above creates an inordinate amount of concentrated crime in such areas.

(6)

Also based upon evidence and testimony from the County's professional law enforcement officers, many of the types of establishments at which the activities described above occur are likely to attempt to locate in this County.

(7)

Also based upon evidence and testimony from the County's professional law enforcement officers and the County's professional planners, the location of the activities described above near residential, institutional or other areas where juveniles often congregate lowers property values in such areas and exposes juveniles to the activities described in [Section] 4.3.24.A(3) above.

(8)

Based upon evidence and testimony received from the County's professional planners, there will be free and reasonable access for and to the regulated uses, and the limitations imposed herein will not preclude robust competition with other regulated uses.

(9)

Based upon the experiences of other localities statewide and nationwide, the evidence and testimony of the County's professional planners and law enforcement officers appear to be correct.

B.

Spacing requirements.

(1)

A regulated use may not be established or continued in any permitted zoning classification unless all other requirements of this Code pertaining to such zoning classification and to buildings generally are met and unless the regulated use is at least:

(a)

One thousand five hundred feet from any other regulated use;

(b)

One thousand five hundred feet from any established church, public or private school, public and private playground or park; and

(c)

One thousand five hundred feet from any area with a residential zoning classification.

(2)

For purposes of the distance limitations, the measurement shall be made by extending a straight line from the property line of the "regulated use" to the nearest property line occupied by any other regulated use or to the nearest property line of property owned by any church or school or to the nearest property line of any residential area, playground, or park.

C.

Obscenity not permitted. Nothing in this section shall be construed as permitting or allowing a violation of any state or federal law, including Ch. 847 FS relating to obscenity.

D.

Other uses "moving to" regulated use. Any use herein defined as a "regulated use" or an "adult and sexually-oriented business" which is established in conformity with this section and other applicable laws and ordinances shall not be made unlawful if, subsequent to the establishment and operation of such "regulated use," a church, or school acquires property or a playground, park or residential area is created or established within the distance limitations for the "regulated use" specified in this section.

E.

Zoning classifications. All regulated uses and adult and sexually-oriented businesses shall be a permissible use in a B-5 and M-1 districts only, and only upon issuance of a SUP.

F.

Adult theaters. The following special requirements shall apply to adult theaters, adult mini-motion picture theater or adult motion picture theater.

(1)

If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

(a)

Have individual or separate seats, not couches, benches, beds, or the like, to accommodate the maximum number of persons who may occupy the area; and

(b)

Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

(c)

Premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at floor level.

(d)

It shall be the duty of the licensee, the owners, and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

(2)

If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions:

(a)

Have a sign posted in a conspicuous place at or near the entrance way which states that only one person may occupy the booth; and

(b)

Have a permanently open entrance way for each booth not less than two feet eight inches wide and not less than seven feet high, which will never be closed or partially closed by a curtain, door, or other partition which would be capable of wholly or partially obscuring a person situated in the booth; no curtains, doors, or other partitions shall be affixed, attached, or connected to the permanently open entrance way of a booth; and

(c)

Have one individual seat, not a couch, bench, or the like; and

(d)

Except for the open entrance way of each booth, each booth shall have walls or partitions of solid construction without holes or openings in such walls or partitions; and

(e)

Premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at floor level.

(f)

It shall be the duty of the licensee, the owners, and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

(3)

If the theater has an area in which a private performance occurs, it shall:

(a)

Have a permanently open entrance way not less than seven feet wide and not less than seven feet high, which entrance way will never be closed or partially closed by a curtain, door or other partition which would be capable of wholly or partially obscuring a person situated in the area; and

(b)

Have a wall-to-wall, floor-to-ceiling partition of solid construction without holes or openings which partition may be completely or partially transparent and which partition separates the employee from the person viewing the display; and

(c)

Have, except for the entrance way, walls or partitions of solid construction without holes or openings in such walls or partitions; and

(d)

Have individual or separate seats, not couches, benches, beds, or the like, to accommodate the maximum number of persons who may occupy the area; and

(e)

Premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at floor level.

(f)

It shall be the duty of the licensee, the owners, and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

G.

Signage. Notwithstanding any provision of this Code, the Building Code or any County ordinance or regulation to the contrary, it shall be unlawful for any owner or operator of any regulated use or adult or sexually-oriented business or any other person to erect, construct, or maintain any sign for the regulated establishment other than one "primary sign" and one "secondary sign," as provided herein:

(1)

Primary signs shall have no more than two display surfaces. Each such display surface shall:

(a)

Not contain any flashing lights, moving parts or be constructed to simulate movement;

(b)

Be a flat plane, rectangular in shape;

(c)

Not exceed 75 square feet in area; and

(d)

Not exceed ten feet in height or ten feet in length.

(2)

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only:

(a)

The name of the regulated establishment; and

(b)

One or more of the following phrases:

1.

Adult Bookstore

2.

Adult Movie Theater

3.

Adult Encounter Parlor

4.

Adult Cabaret

5.

Adult Lounge

6.

Adult Novelties

7.

Adult Entertainment

8.

Adult Modeling Studio

(c)

Primary signs for Adult Movie Theaters may contain the additional phrase, "Movie Titles Posted on Premises."

(3)

Each letter forming a word on a primary sign shall be of a solid color, and each such letter shall be the same print-type, size and color. The background behind such letter on the display surface of a primary sign shall be of a uniform and solid color.

(4)

Secondary signs shall have only one display surface. Such display surface shall:

(a)

Be a flat plane, rectangular in shape;

(b)

Not exceed 20 square feet in area;

(c)

Not exceed five feet in height and four in width; and

(d)

Be affixed or attached to any wall or door of the establishment.

(e)

The provisions of Sections 4.3.24.G(1)(a), 4.3.24.G(2), and 4.3.24.G(3) above shall also apply to secondary signs.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)