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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-019 Amending Land Development Code Providing Adult Entertainment Uses DefinitionsTemp Ord. No. 2514 September 28, 2022 Page 1 of 9 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 13 7796910.1 Temp Ord. No. 2514 September 28, 2022 Page 2 of 9 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 137796910.1 Temp Ord. No. 2514 September 28, 2022 Page 3of9 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: 137796910.1 Temp Ord. No. 2514 September 28, 2022 Page 4 of 9 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 137796910.1 Temp Ord. No. 2514 September 28, 2022 Page 5 of 9 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 13 7796910.1 Temp Ord. No. 2514 September 28, 2022 Page 6of9 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 137796910.1 Temp Ord. No. 2514 September 28, 2022 Page 7 of 9 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 137796910.1 Temp Ord. No. 2514 September 28, 2022 Page 8 of 9 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. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 137796910.1 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 Page 9 of 9 /-�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. 137796910.1