§ 62-5142. Prohibited acts and conduct generally.

(a)

Operation without proper license. It shall be unlawful for any person to be an operator of an adult entertainment establishment where the person knows or should know:

(1)

That the establishment does not have the appropriate classification of adult entertainment license for the classification of entertainment offered within the establishment;

(2)

That the establishment has a license which is under suspension;

(3)

That the establishment has a license which has been revoked or cancelled; or

(4)

That the establishment has a license which is expired.

(b)

Violation of general or special requirements. It shall be unlawful for any person to be an operator or manager of:

(1)

An adult entertainment establishment which does not satisfy the requirements of section 62-4915.

(2)

An adult entertainment motion picture theatre which does not satisfy all the special requirements of section 62-5051.

(3)

An adult dancing establishment which does not satisfy all of the special requirements of section 62-5111.

(4)

An adult entertainment bookstore which does not satisfy all the special requirements of section 62-5081.

(c)

Allowing employees to engage in prohibited acts. It shall be unlawful for an owner or operator of an adult entertainment establishment, regardless of whether it is licensed under this article, to knowingly, or with reason to know, permit, suffer or allow an employee to:

(1)

Engage in a straddle dance with a person at the establishment;

(2)

Contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment;

(3)

Engage in any specified sexual activity at the establishment;

(4)

Where alcoholic beverages are sold, offered for sale, dispensed or consumed, display or expose at the establishment less than completely and opaquely covered human genitals or pubic region or other areas defined as specified anatomical areas;

(5)

Display or expose at the establishment less than completely and opaquely covered human genitals or pubic region or other specified anatomical areas, unless such employee is continuously away from any person other than another employee, and unless such employee is in an area as described in section 62-5111(1) or (2);

(6)

Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee;

(7)

Engage in a private performance;

(8)

While engaged in the display or exposure of any specified anatomical area, intentionally touch any person at the adult entertainment establishment, excluding another employee;

(9)

Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breasts of any female person; or

(10)

Work, if the employee has not applied for and obtained a temporary or permanent permit under this article.

(d)

Advertising prohibited activity. It shall be unlawful for an owner or operator of an adult entertainment establishment, regardless of whether it is licensed under this article, to advertise the presentation of any activity prohibited by any applicable state statute or local ordinance.

(e)

Admission of minors. It shall be unlawful for an owner or operator of an adult entertainment establishment, regardless of whether it is licensed under this article, to knowingly, or with reason to know, permit, suffer or allow:

(1)

Admittance to the establishment of a person under 18 years of age;

(2)

A person under 18 years of age to remain at the establishment;

(3)

A person under 18 years of age to purchase goods or services at the establishment; or

(4)

A person to work at the establishment as an employee who is under 18 years of age.

(f)

Working at an establishment which does not have valid license. It shall be unlawful for any person to work in an adult entertainment establishment that he knows or should know is not licensed under this article, or which has a license which is under suspension, has been revoked or cancelled, or has expired, regardless of whether he has applied for and obtained a temporary or permanent permit under this article.

(g)

Working without business tax receipt. It shall be unlawful for an employee of an adult entertainment establishment, regardless of whether it is licensed under this chapter, to fail to obtain, carry and produce for inspection by a law enforcement officer upon request, a business tax receipt for the occupation in which the employee is engaged.

Exception: It is an affirmative defense to an alleged violation of this subsection and this subsection does not apply to an employee of an adult entertainment establishment who is a paid employee for whom income taxes and social security payments are withheld and paid by the adult entertainment establishment, and who is not an independent contractor.

(h)

Engaging in prohibited activity. It shall be unlawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this article, to:

(1)

Engage in a straddle dance with a person at the establishment;

(2)

Contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment;

(3)

Engage in any specified sexual activity at the establishment;

(4)

Where the employee knows or should know that alcoholic beverages are sold, offered for sale or consumed, display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(5)

Display or expose at the establishment less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, unless such employee is continuously positioned away from any person other than another employee, and unless such employee is in an area as described in section 62-5111;

(6)

Engage in the display or exposure of any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee;

(7)

Engage in a private performance;

(8)

While engaging in the display or exposure of any specified anatomical area, intentionally touch any person at the adult entertainment establishment, excluding another employee; or

(9)

Touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the waist and above the knee of the person, or to touch the clothed or unclothed breast of any female person.

(i)

Touching of employee by person.

(1)

It shall be unlawful for any person in an adult entertainment establishment, other than another employee, to intentionally touch an employee who is displaying or exposing any specified anatomical area at the adult entertainment establishment.

(2)

It shall be unlawful for any person in an adult entertainment establishment, other than another employee, to intentionally touch the clothed or unclothed breast of any employee, or to touch the clothed body of any employee at any point below the waist and above the knee of the employee.

(j)

Exceeding occupancy limit of adult booth. It shall be unlawful for any person to occupy an adult booth, which booth is already occupied by one person, in violation of section 62-5051(b)(2) or section 62-5081(b)(2)c.

(k)

Use of restrooms or dressing rooms. Notwithstanding any provision indicating to the contrary, it shall not be unlawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this article, to expose any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(l)

Hours of operation.

(1)

It shall be unlawful for any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(2)

It shall be unlawful for any employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(m)

Alteration of license or permit.

(1)

It shall be unlawful for any person to alter or otherwise change the contents of an adult entertainment license without the written permission of the county code compliance department.

(2)

It shall be unlawful for any person to alter or otherwise change the contents of an adult entertainment permit without the written permission of the county sheriff.

(n)

Penalty. Whoever violates any section of this division may be prosecuted and punished as provided by F.S. § 125.69.

(o)

Owner responsibility.

(1)

As used in this division, owner shall mean and include the owner, and co-owner, partner, managing partner or chief executive officer.

(2)

All acts of any servant, agent, independent contractor or employee, paid or unpaid, of an owner shall be imputed to the owner and be deemed to be an act of the owner if done within the scope of such servant, agent, independent contractor or employee's scope of authority under the owner.

(3)

Any owner convicted of violating this chapter due to responsibility imposed pursuant to this section shall be subject to a fine.

(Code 1979, § 14-286; Ord. No. 97-16, § 20, 5-27-97; Ord. No. 01-53, § 12, 9-11-01; Ord. No. 2007-003, § 31, 2-20-07)