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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-028n Introduced by: (.. Temp. # 646 Rev. 4/18/79 1 CITY OF TAMARAC, FLORIDA 2 ORDINANCE NO. ®- 7 q - 3 AN ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES; PROVIDING FOR DEFINITION OF TERMS, INCLUDING DEFINITION 4 OF "ADULT ENTERTAINMENT BUSINESS" AS INCLUDING ANY BODY RUB OR BATH HOUSE ESTABLISHMENT, ADULT BOOK STORE, ADULT 5 MOTION PICTURE THEATRE, ADULT MINI -MOTION PICTURE THEATRE, ADULT CABARET OR THEATRE, ESCORT SERVICE, BODY PAINTING 6 STUDIO, ENCOUNTER PARLOR, SEX CONSULTATION BUSINESS, NUDE PHOTOGRAPHY STUDIO, NUDE MODELING BUSINESS, NUDE DANCING 7 STUDIO, DATING SERVICE OR OTHER SIMILAR ADULT ENTERTAIN- MENT BUSINESS; FURTHER PROVIDING SPECIFIC DEFINITIONS OF 8 EACH OF THESE TERMS; PROVIDING FOR SEPARATE LICENSING OF ADULT ENTERTAINMENT BUSINESSES IN ADDITION TO ALL OTHER 9 REQUIRED LICENSING; PROVIDING FOR LIMITATION OF ADULT ENTERTAINMENT BUSINESSES TO -'..A SPECIFIC ZONING DISTRICT; 10 PROVIDING FOR DISTANCE LIMITATIONS ON ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES WITHIN ONE THOUSAND (1000) 11 FEET OF OTHER SUCH USES, CHURCHES, SCHOOLS, RESIDENTIAL ZONING DISTRICTS, OR PUBLIC PARKS, PLAYGROUNDS, LIBRARY 12 OR OTHER RECREATIONAL FACILITIES; PROVIDING FOR PERFORMANCE STANDARDS FOR ADULT ENTERTAINMENT BUSINESSES; PROVIDING FOR 13 WAIVER OR MODIFICATION OF THE RESTRICTIONS OF THIS ORDINANCE UNDER CERTAIN SPECIFIED CONDITIONS; PROVIDING FOR CODIFICATION; 14 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVTDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, it has been demonstrated in cities in the United States ( 17 in general. and Broward County, Florida, specifically, that the establishment 18 of adult entertainment business uses has a deleterious effect on both the 19 business and residential segments of the neighborhood, causing blight and 20 a downgrading of property values; and 21 WHEREAS, the prohibition against the establishment of regulated 22 adult entertainment business uses within one thousand(1000) feet of each 23 other serves to avoid the clustering of certain business uses which, when 24 located in closer proximity to each other tend to create a "skid row" 25 atmosphere, and deterioration of the city and its environs, and 26 WHEREAS, in order to protect the health, safety, welfare,and 27 morals of its citizens, it is deemed necessary and proper to separate adult 28 entertainment businesses from places of religious worship, schools, libraries, 29 and public parks and recreational facilities, due to the large number of 30 minors that travel or congregate in such areas, and. 31 WHEREAS, adult entertainment bustneseesfrequently engage in 32 illegal activities relating to prostitution and pornography, have a 33 deleterious effect on the surrounding community, decrease property values 34 and contribute to urban blight. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Definitions. The term "adult entertainment business" shall mean any body rub or bath house establishment, adult book store, adult motion picture theatre, adult mini -motion picture theatre, adult cabaret or theatre, escort service, body painting studio, encounter parlor, sex consultation business, nude photo- graphy studio, nude modeling business, nude dancing studio, dating service, or any other similar adult entertainment business. "Body rub or bath house establishment" shall mean any establishment having a fixed place of business, other than a massage establishment licensed and regulated under Chapter 480, Florida Statutes, which advertises or administers, as a substantial or significant portion of its business activity, without limitation, baths, showers, sauna baths, steam baths or similar devices. "Adult book store" shall mean an establishment having a significant portion of its stock in trade, books, magazines, periodicals, stil or motion pictures, sexual prosthetic devices, or other materials which are distinguished or characterized by their emphasis on matters depicting, describ- ing or relating to "specified sexual activities", or "specified anatomical areas", as defined herein, or an establishment with a 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 seventeen (17) years old. "Adult motion picture theatre" shall mean an enclosed building or portion thereof with a seating capacity of fifty (50) or more persons, or an open air drive-in facility of any size or capacity, used for presenting material having as a dominant theme or presenting material distinguished or characterize by an emphasis on matters depicting, describing'or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein. "Adult mini -motion picture theatre" shall mean an enclosed building or portion thereof with a seating capacity for less than fifty (50) persons, used for presenting material having as a dominant theme or presenting material -2- distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified anatomical areas" or "specified sexual activities", as defined herein, for observation by patrons therein. "Adult cabaret or theatre" shall mean an establishment, whether .licensed for sale of alcoholic beverages consumed on premises or not, pre- senting performances or other live activity having as a dominant' theme or distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein. "Dating service", "escort service", "body painting studio", "encounter parlor", "sex consultation businesses", "nude photography studio", "nude modeling business", "nude dancing studio", or any other similar adult entertainment business, however styled, shall mean, without limitation, any place of business which advertises or conducts activities for compensation, that are designed or intended to establish a sexual or social communication, engagement or relationship, whether on premises or off premises, between its clients and its employees. For the purposes of this ordinance, "specified sexual activities" shall mean: 1. Human genitalia in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitalia, pubic region, buttock, or female breast; and "specified anatomical areas" shall mean: 1. Less than completely and opaquely covered: (a) human genitalia,pubic regions; (b) buttock; and (c) female breast below a point immediately above the top of the areola; and 2. Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. SECTION 2: Separate Licensin of Adult Entertainment Businesses. No -person., firm or corporation may operate an "adult entertainment business", as defined herein, without first applying for and receiving an -'3- 1 2 3 4 7 8 9 10 11 12 13 14 15 o 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 "adult entertainment license" to engage in such activity from the City of Tamarac. The license required by this section shall be in addition to and not satisfied by any other occupational license which may be held, obtained or required of such persons, firms or corporations, nor shall it be satisified by an; other state or county license. SECTION 3: Zoning District and Distance Limitations. "Adult entertainment businesses" shall be permitted only in B-3 Zoning District All "adult entertainment business", where permitted, shall not be located within one thousand (1000) feet of any other adult entertain- ment business, or within one thousand (1000) feet of a church or other places of religious worship; school; residentially zoned district; or publicly owned or operated park, playground, library or other recreational facility within or without Tamarac's boundaries. Measurement shall be from the entrance of the "adult entertainment business"to the nearest, point of entrance of the church or other place of religious worship, school ,nearest point of any residentially zoned district within or without Tamarac's boundariesor nearest point of a publicly owned or operated park, playground, library or other recreational facility within or without Tamarac's boundaries. SECTION 4: Performance Standards for Adult Entertainment Businesses. 1. Advertisements, displays or other promotional materials visible to the public from the exterior of the store shall be considered signs subject to the regulations of Chapter 21 of the Tamarac City Code. 2. All building openings,entries, windows, doors or other apertures for adult bookstores, adult motion picture theatres and adult mini - motion picture theatres shall be located, covered or screened in such a manner as to prevent a view into the interior from any public area; provided, however, that such openings shall not be painted out, blacked out or otherwise obscured in a garish manner. 3. The entire interior of an adult bookstore, or an adult mini - motion picture theatre which has separate projection or viewing booths or areas, shall have a minimum illumination of at least two (2) watts per square foot of floor area while open, and every portion of said interior shall be readil: visible at all times to the clerk or other supervisory personnel from the counter or other regular station. 4. If separate booths, rooms, cubicles or other similar areas are provided for use by clients of the adult entertainment business, such areas -4- may not have doors or other solid enclosures, but may only have a thin, opaque cloth curtain which may be opened from the exterior at all times and which does not extend any closer than three (3) feet to the surface of the floor. 5. Off-street parking requirements for adult entertainment businesses shall be those specified in the Tamarac City Code for the nature of the use apart from its adult entertainment characteristics (such as retail and service stores, theatres, and so forth), where applicable. With respect to adult mini -motion picture theatres which provide booths, rooms, cubicles or other separate areas for viewing, the parking standard shall be one space for each two hundred fifty (250) square feet of gross floor area, or one space for each two hundred fifty (250) square feet of gross floor area. excluding such separate areas together with one space for each such separate area, whichever is greater. SECTION 5. Waiver of Modification of Restrictions. The City Council, after proper application and public hearing, may waive or modify, any of the restrictions of this ordinance upon a finding: 1. That the specific.proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit, and intent of this ordinance will be observed; and 2. That the proposed use will not enlarge or encourage the development of a "skid row" area; and 3. That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, redevelopment or improvement, either residential or nonresidential; and 4. That all other applicable regulations of this and any other ordinance or law will be observed. In granting any such waiver or modification, the City Council may prescribe any conditions that it deems necessary in the public interest. All such waivers or modifications shall be applicable only to the person, firm or corporation receiving them, and shall not run with the land. Any transfer of stock, assets, ownership or management control shall require approval of the City Council of continuation of such waivers or modifications, and shall be -subject to all applicable licensing requirements as well. SECTION 6: Specific authority is hereby granted to codify this ordinance. -5- SECTION 7: All ordinances or parts of ordinances, and all resolutions or parts of resolutions in direct conflict herewith be and the same are hereby repealed. However, it is the intent of this Ordinance that it be deemed cumulative and supplemental to all other City regulations pertaining to "adult entertainment businesses" and all regulations that might be read in conjunction with this ordinance are not affected in any way by its enactment: SECTION 8: In the event that any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 9: This ordinance shall take effect immediately upon final passage by theCity Council of the City of Tamarac, Florida. PASSED AND ADOPTED on first reading this 7 7 day of PASSED AND ADOPTED on second reading this / 0 day of ATTEST: PON I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE aAO6, 91 a4�� ARTHUR M.BIRKEN, CITY ATTORNEY ,1979. ,1979. RECORD OF COUNCIL VOTE MAYOR: DISTRICT 1: DISTRICT 2: _ DISTRICT 3: �p DISTRICT 4: [�