§ 62-4902. Definitions.

For the purpose of this article, the following words and phrases shall have the meaning set forth in this section, unless it is clear from the context that a different meaning is intended:

Adult arcade means an establishment where, for any form of consideration, one or more motion projectors, slide projectors, videotape or playback and viewing devices, or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by emphasis on the depiction or description of specified sexual activities or specified anatomical areas. For the purpose of this article, adult arcade is included within the definition of adult motion picture theater.

Adult bookstore means an establishment which sells, leases or rents adult material for any form of consideration, unless the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods or services at the establishment or the individual items of adult material offered for sale or rental comprise less than 15 percent of the individual items publicly displayed at the establishment as stock in trade. It is an affirmative defense to an alleged violation of this article regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods or services at the establishment, or the individual items of adult material offered for sale or rental comprise less than 15 percent of the individual items publicly displayed at the establishment as stock in trade.

Adult booth means a small enclosure within an adult entertainment establishment accessible to any person, regardless of whether a fee is charged for access, for the purpose of viewing adult materials. The term "adult booth" does not include a hallway or foyer used primarily to enter or exit the establishment or its restrooms. However, only one person shall be allowed to occupy a booth at any time.

Adult dancing establishment means a commercial establishment that permits, suffers or allows dancers to display or expose specified anatomical areas. Any establishment on whose premises any employee displays or exposes specified anatomical areas shall be deemed an adult dancing establishment and shall be required to obtain a license under this article.

Adult entertainment establishment means an adult motion picture theater, a leisure spa establishment, an adult bookstore or an adult dancing establishment.

Adult materials means any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slide or other visual representations or recordings, novelties and devices, 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, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel means any hotel or motel, boardinghouse, roominghouse or other lodging which includes the word "adult" in any name it uses, and otherwise advertises outside the individual rooms the presentation of film, video or any other visual material or methods which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof. For the purposes of this article, an adult motel is included within the definition of adult motion picture theater.

Adult motion picture theater means an enclosed building or a portion or part of an enclosed building, or an open air theater designed to permit viewing by patrons seated in automobiles or other seating provisions, for presenting, for any form of consideration, film, video or any other visual material or method which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof, and includes any hotel or motel, boardinghouse, roominghouse or other lodging for any form of consideration which advertises the presentation of such film material. For the purposes of this article, an adult motion picture theater includes an adult arcade, an adult motel and an adult motion picture booth.

Alcoholic beverage means all beverages containing more than one percent of alcohol by weight, including beer and wine.

Board means the board of county commissioners.

Conviction means a determination of guilt resulting from a plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

Employee means a person who works or performs in a commercial establishment, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises.

Establishment means the site, physical plant or premises, or portion thereof, upon which certain activities or operations are being conducted for commercial or pecuniary gain. Applicability of the term "operated for commercial or pecuniary gain" shall not depend upon actual profit or loss, and shall be presumed where the establishment has a business tax receipt.

Inspector means an employee of the county environmental health services division, the county building code compliance division, the county sheriff's department, the county planning and zoning division or the county public safety department, or the successors of each division and department, who shall inspect premises licensed under this article and who are authorized to take or require the actions authorized by this article in case of violations being found on licensed premises, and also to inspect premises seeking to be licensed under this article and to require corrections of unsatisfactory conditions found on the premises.

Leisure spa establishment means a site or premises, or portion thereof, upon which any person performs any of the treatments, techniques or methods of treatment referred to in the definition of the term "leisure spa service" in this section, or where such treatments or techniques are administered, practiced, used, given or applied, but shall not include the following: licensed health care facilities; licensed physicians or nurses engaged in the practice of their professions; educational or professional athletic facilities, if a leisure spa is a normal and usual practice in such facilities; or establishments exempted under F.S. ch. 480 or F.S. ch. 400.

Leisure spa patron means any person who receives, or pays to receive, a leisure spa or leisure spa service from a leisure spa technician for value.

Leisure spa service means any method of treating the external parts of the body, consisting of touching, rubbing, stroking, kneading, tapping or vibrating, with such treatments being performed by the hand or with any other body part or by any mechanical or electrical instrument.

Leisure spa technician means any person who engages in the business of performing leisure spa services or leisure spa treatments, techniques or methods of treatment referred to in the definition of the term "leisure spa service" in this section.

Licensed premises means not only rooms and areas where adult materials regulated under this article or adult activities regulated by this article are sold, rented, leased, offered, presented or stored, or where any form of adult entertainment is presented, but also all other areas within 500 feet of the room or area where adult materials or adult activities are regulated and over which the licensee has some dominion and control and to which customers or patrons may pass, and shall include all of the floor or land areas embraced within the plan appearing on or attached to the application for the license involved and designated as such on the plan.

Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations or entities.

Personal advertising means any communication on the part of any employee of an adult entertainment establishment that is designed to encourage a prospective patron to enter such establishment and is performed by repeatedly speaking in a raised tone of voice, by making prominent physical gestures, such as waving or repeatedly pointing, or by holding signs or other written statements. Personal advertising shall not include oral or physical references to an adult entertainment establishment by patrons or spectators.

Premises means a physical plant or location which is enclosed by walls or any other enclosing structural device or which is covered by a single roof, and shall include any structure, structures or land, or contiguous structures or land within 500 feet of the physical plant or location where such structures or land and the physical plant or location are under common ownership, control or possession.

Religious institution means a building which is used primarily for religious worship and related religious activities.

School means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by F.S. ch. 233. This definition includes a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. This definition of the term "school" shall also include any educational facility at which minor children reside in conjunction with their educational experience, including but not limited to U.S. Space Camp.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region.

b.

The human cleavage of the human buttocks.

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 collared ring around the nipple). This definition shall include the entire lower portion of the breast, but shall not be interpreted to include any portion of the cleavage of the 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 turgid state, even if completely and opaquely covered.

Specified criminal act means a violation of this article; an offense under F.S. ch. 794 (sexual battery) or F.S. ch. 826 (bigamy, incest), F.S. ch. 800 (lewdness, indecent exposure); an offense under F.S. §§ 806.01, 806.10, 806.111 or 806.13(2) (arson and criminal mischief); an offense under F.S. ch. 796 (prostitution); an offense under F.S. §§ 847.013, 847.0133, 847.0135, or 847.014 (obscenity); an offense under F.S.§ 877.03 (breach of the peace); an offense under F.S. § 893.13 (possession or sale of controlled substances); or an offense under F.S. § 849.09(2), 849.10 or 849.25(3) (gambling); or violation of laws or ordinances of another county or a city or state or the federal government analogous to such statutes or successor statutes to such statutes.

Specified sexual activities means:

(1)

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

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Straddle dance, also known as a lap dance or face dance, means the use by an employee, whether clothed or not, of any part of his body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron while on the premises, or the placing of the genital or pubic area of an employee in contact with the face of a patron, while on the premises.

Violation of this article means an act prohibited by any provision of this article as found by a jury of other trier of fact. Each violation occurring shall be considered a separate and distinct violation from any other occurring on the same day or in the same establishment or by the same person.

(Code 1979, §§ 14-235, 14-298; Ord. No. 97-16, § 3, 5-27-97; Ord. No. 01-53, § 1, 9-11-01; Ord. No. 05-52, § 1, 11-1-05; Ord. No. 2007-003, § 26, 2-20-07)

Cross reference

Definitions generally, § 1-2.