HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-019 Amending Land Development Code Providing Adult Entertainment Uses DefinitionsTemp Ord. No. 2514
September 28, 2022
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2022 - 0 l q
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 10 OF THE CITY OF
TAMARAC CODE OF ORDINANCES, ENTITLED "LAND
DEVELOPMENT CODE" BY AMENDING ARTICLE 6 ENTITLED
"RULES OF CONSTRUCTION AND DEFINITIONS, "BY
SPECIFICALLY AMENDING SECTION 10-6.2, ENTITLED "USE
CATEGORIES AND USE TYPES DEFINED", AND SECTION 10-
6.3, ENTITLED "OTHER TERMS DEFINED", TO PROVIDE
DEFINITIONS FOR CERTAIN "ADULT ENTERTAINMENT USES"
IDENTIFIED IN THE CITY'S LAND DEVELOPMENT CODE;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section
125.01, Florida Statutes, grants local municipalities broad home rule authority to adopt
ordinances to provide for health, safety and welfare of the general public; and
WHEREAS, the City of Tamarac has adopted a local Code of Ordinances, which
serves as the regulatory document outlining the establishment and operation of land uses
within the municipality; and
WHEREAS, the City has duly established land development regulations contained
in the Land Development Code, Chapter 10 of the City of Tamarac Code of Ordinances;
and
WHEREAS, Section 10-6.2 of the City's Land Development Code ("LDC") entitled,
"Use Categories and Use Types Defined", specifically identifies Adult Entertainment uses
in Section 10-6.2(7)(a) and the various subcategories associated with adult entertainment
establishments; and
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WHEREAS, Section 10-6.3 of the City's LDC entitled, "Other Terms Defined,
provides definitions for land uses identified throughout the LDC; and
WHEREAS, of the thirteen (13) Adult Entertainment type uses listed in Section 10-
6.2(7)a, only four (4) are defined and a majority of nine (9) uses have been left undefined
in the LDC; and
WHEREAS, Staff has reviewed the LDC and determined that all thirteen of the
Adult Entertainment type uses should be defined and codified in a succinct and concise
manner to allow for a precise interpretation and administration of the LDC, consistent with
other commercial land uses identified in Chapter 10, of the City's LDC; and
WHEREAS, the use of A Planners Dictionary by the American Planning
Association as the preeminent source was a resource used by City staff to provide for
definitions for Adult Entertainment uses that are consistent with industry practices and
definitions nationwide; and
WHEREAS, Adult Entertainment uses are unique establishments whose sub-
categories are numerous, with activities encompassing a wide range of activities and
varying degrees of person -to -person interaction, requiring distinction between their
individual operations; and it is necessary to provide definitions for distinct adult uses
according to their context and operation; and
WHEREAS, the provision of the aforementioned definitions in Section 10-6.2,
entitled "Use Categories and Use Types Defined", and Section 10-6.3, entitled "Other
Terms Defined" will provide for further clarity on all Adult Entertainment uses listed in the
LDC; and
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WHEREAS, the proposed amendment supports the City's Strategic Plan Goal # 2,
"Tamarac is Safe and People Know It" by adequately addressing the appropriate
designation of Adult Entertainment uses to ensure the City effectively regulates their
location and operation; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance amendment; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in
the best interest of the business owners, residents, and visitors to the City of Tamarac to
amend the LDC to provide definitions for all subcategories of Adult Entertainment uses to
provide clarity on their function and operation within the City's municipal boundaries.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. Chapter 10, Section 10-6.2, entitled "Use Categories and Use Types
Defined" of the LDC, is amended to read as follows:
10-6.2 - Use Categories and Use Types Defined
(C) Commercial Uses
(7) Recreation and Entertainment. Uses that provide
recreation or entertainment activities. Accessory uses
may include concessions, snack bars, parking, and
maintenance facilities. Specific use types include:
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1, a) Adult Entertainment. ..
y body rub -or
P"GtUFe theater, adult Gabaret er theater, es
seX GensultatiOR bUSiReSS, •
studio,ude photography
dati,,.. se,_ . er any other similar
entertainment bUSmRe6&-. Adult entertainment..
Any business, club (private or public), or
establishment which advertises or conducts
activities for any number of persons that is
designed or intended to establish a sexual or
social relationship, manner of communication,
or engagement, whether on or off the premises,
between its clients, employees, individuals, or
members, and characterized by an emphasis on
depicting, describing, or relating to specified
anatomical areas, sexual conduct or sexual
excitement (see § 10-6.3 — "Other Terms
Defined" of this Land Development Code for
additional specific adult entertainment and use
definitions).
Section 3. Chapter 10, Section 10-6.3 entitled "Other Terms Defined" of the
LDC is amended to read as follows:
10-6.3 - Other Terms Defined
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Adult bathhouse. A sauna which excludes minors by reason of age,
or which prohibits entry of persons under the age of 18 and provides
a steam bath or heat bathing room used for the purpose of bathing
or relaxation, in conjunction with services characterized by an
emphasis on depicting, describing, or relating to specified anatomical
areas, sexual conduct or sexual excitement.
Adult bookstore. Any business, club (private or public), or
establishment having as a significant portion of its stock in trade
books, magazines, periodicals, still or motion pictures, sexual
prosthetic devices, or other materials characterized by an emphasis
on depicting, describing, or relating to specified anatomical areas,
sexual conduct or sexual excitement; or an establishment with a
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segment or section devoted to the sale or display of such material;
or an establishment which advertises or otherwise indicates that such
materials, or a segment or section devoted to such materials, are
open to and available for examination or purchase only by persons
over the age of 18 years.
Adult business or establishment. Any business, club (private or
public), or establishment characterized by an emphasis on depicting
describing, or relating to specified anatomical areas, sexual conduct,
or sexual excitement; or devoted to materials for sale, rent or use
which are characterized by their emphasis on depicting, describing,
or relating to specified anatomical areas, sexual conduct, or sexual
excitement.
Adult cabaret or theater. A business, club (private or public), or
establishment, whether licensed for sale of alcoholic beverages
consumed on the premises or not, presenting performances or other
live activity characterized by an emphasis on depicting, describing,
or relating to specified anatomical areas, sexual conduct, or sexual
excitement.
Adult dancing establishment. A business, club (private or public),
or establishment, whether licensed for sale of alcoholic beverages
consumed on the premises or not, that permits, promotes, or allows
persons to display or expose specified anatomical areas or allows
persons to use or simulate use of sexually oriented paraphernalia
instruments or devices with humans or animals characterized by an
emphasis on depicting, describing, or relating to specified anatomical
areas, sexual conduct, or sexual excitement.
Adult dating service. Any business, club (private or public),
establishment, individual person, or persons who irrespective of
means of compensation, percentage, profit, or any other valuable
consideration of any kind whatsoever and however styled, which
advertises or conducts activities that is designed or intended to
establish sexual or social communication, engagement, or
relationship, whether on or off the premises, between its clients,
employees, individuals, or members.
Adult encounter parlor. Any, business, club (private or public), or
establishment other than a hotel, motel, or similar establishment
offering public or private accommodations, which, for any form of
consideration, provides a place where two or more persons may
congregate, associate, or consort, and characterized by an emphasis
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on depicting, describing, or relating to specified anatomical areas,
sexual conduct or sexual excitement. This definition does not include
an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in sexual therapy.
Adult escort service. Any business, club (private or public),
establishment, person or person(s) who irrespective of means of
compensation, percentage, profit, or any other valuable
consideration: (1) Provides the name, telephone number and/or
address of any employee to a client or member; (2) Provides an
introduction of any employee to a client or member; or (3) Arranges
a meeting of any employee with a client or member, for the purpose
of the escort accompanying the client or member to social affairs,
entertainment events or places of amusement, or to consort with
others in or about anv public or private locations as described above.
Adult mini -motion -picture theater. An enclosed building or portion
thereof with a seating capacity for less than 50 persons, used for
presenting material having as a dominant theme or presenting
material characterized by an emphasis on matters depicting,
describing, or relating to specified anatomical areas, sexual conduct,
or sexual excitement for observation by patrons therein.
Adult motion picture theater. An enclosed building or portion
thereof with a seating capacity for more than 50 persons or an open-
air, or drive-in facility of any size or capacity, used for presenting
material having as a dominant theme or presenting material
characterized by an emphasis on matters depicting, describing, or
relating to specified anatomical areas, sexual conduct, or sexual
excitement for observation by patrons therein.
Adult photography/modeling studio. A business, club (private or
public), or establishment providing for the viewing of figure models
characterized by an emphasis on matters depicting, describing, or
relating to specified anatomical areas, sexual conduct or sexual
excitement for observation, painting, painted upon, sketched, drawn,
sculptured, photographed, or otherwise depicted by clients or
members. This shall include body paint application and the
production of nude photographic art and nude entertainment painting
studios.
Nothing in this section pertaining to adult uses shall be construed to permit
or authorize anv act or activities prohibited by state law and these sections
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are meant to be in addition to any acts or activities prohibited by state law.
For the purposes of determining whether a use constitutes an "adult use",
the relevant inquiry shall be as to the nature of the primary activity at the
premises. Therefore, it is immaterial and irrelevant that: a.) Some ancillary
activity may occur incident to the otherwise adult activity, if the activity taken
as a whole appeals to the prurient interest in sex and is intended to sexually
stimulate or sexually gratify any person, notwithstanding the presence of
the incidental activity; b.) The absence or presence of the requirement of
fees, dues, or any other membership requirement including application fees
for entry; or c.) Any particular word or term is or is not associated with, or
utilized in, the name or description of a business, club (private or public
establishment, including but not limited to the words: agency, arcade
cabaret, center, club, company, gymnasium hall, lounge parlor, pool,
review, salon, sauna, service, shop, spa, store, studio, or theater.
Section 4. It is the intention of the City Commission of the City of Tamarac that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered,
re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other
word or phrase to accomplish such intention.
Section 5. That all Ordinances or parts of Ordinances, Resolutions, or parts
thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
Section 6. Should any section, provision, paragraph, sentence, clause of word of
this Ordinance or portion hereof be held or declared by any court of competent jurisdiction
to be unconstitutional or invalid, in part or application, it shall be considered as eliminated
and shall not affect the validity of the remaining portions or applications of this Ordinance.
Section 7. This Ordinance shall become effective upon adoption.
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PASSED, FIRST READING this 10- day oG�-&434�'I�
PASSED, SECOND READING this day of �T`:L
FWAU9 .111111
KD13ERLY bILLON, CMC
CITY CLERK
Temp Ord. No. 2514
September 28, 2022
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/-�Wwlj
MICR LE J. GOME MAYOR
, 2022.
2022.
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ yin
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN No
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ 1�)6;5
DIST 1: COMM. BOLTON 0615
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS No
DIST 4: COMM. PLACKO "f65
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE USE,AND RELIANCE OF THE CITY OF TAMARAC ONLY.
JOHN R. HERIN, JR.
CITY ATTORNEY
This Ounce was filed in the Office of the City Clerk on this I i,,, day of ``«: �,; 2022.
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