HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-028n
Introduced by: (.. Temp. # 646
Rev. 4/18/79
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CITY OF TAMARAC, FLORIDA
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ORDINANCE NO. ®- 7 q -
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AN ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES;
PROVIDING FOR DEFINITION OF TERMS, INCLUDING DEFINITION
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OF "ADULT ENTERTAINMENT BUSINESS" AS INCLUDING ANY BODY
RUB OR BATH HOUSE ESTABLISHMENT, ADULT BOOK STORE, ADULT
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MOTION PICTURE THEATRE, ADULT MINI -MOTION PICTURE THEATRE,
ADULT CABARET OR THEATRE, ESCORT SERVICE, BODY PAINTING
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STUDIO, ENCOUNTER PARLOR, SEX CONSULTATION BUSINESS, NUDE
PHOTOGRAPHY STUDIO, NUDE MODELING BUSINESS, NUDE DANCING
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STUDIO, DATING SERVICE OR OTHER SIMILAR ADULT ENTERTAIN-
MENT BUSINESS; FURTHER PROVIDING SPECIFIC DEFINITIONS OF
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EACH OF THESE TERMS; PROVIDING FOR SEPARATE LICENSING OF
ADULT ENTERTAINMENT BUSINESSES IN ADDITION TO ALL OTHER
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REQUIRED LICENSING; PROVIDING FOR LIMITATION OF ADULT
ENTERTAINMENT BUSINESSES TO -'..A SPECIFIC ZONING DISTRICT;
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PROVIDING FOR DISTANCE LIMITATIONS ON ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES WITHIN ONE THOUSAND (1000)
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FEET OF OTHER SUCH USES, CHURCHES, SCHOOLS, RESIDENTIAL
ZONING DISTRICTS, OR PUBLIC PARKS, PLAYGROUNDS, LIBRARY
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OR OTHER RECREATIONAL FACILITIES; PROVIDING FOR PERFORMANCE
STANDARDS FOR ADULT ENTERTAINMENT BUSINESSES; PROVIDING FOR
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WAIVER OR MODIFICATION OF THE RESTRICTIONS OF THIS ORDINANCE
UNDER CERTAIN SPECIFIED CONDITIONS; PROVIDING FOR CODIFICATION;
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PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVTDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, it has been demonstrated in cities in the United States
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in general. and Broward County, Florida, specifically, that the establishment
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of adult entertainment business uses has a deleterious effect on both the
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business and residential segments of the neighborhood, causing blight and
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a downgrading of property values; and
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WHEREAS, the prohibition against the establishment of regulated
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adult entertainment business uses within one thousand(1000) feet of each
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other serves to avoid the clustering of certain business uses which, when
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located in closer proximity to each other tend to create a "skid row"
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atmosphere, and deterioration of the city and its environs, and
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WHEREAS, in order to protect the health, safety, welfare,and
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morals of its citizens, it is deemed necessary and proper to separate adult
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entertainment businesses from places of religious worship, schools, libraries,
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and public parks and recreational facilities, due to the large number of
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minors that travel or congregate in such areas, and.
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WHEREAS, adult entertainment bustneseesfrequently engage in
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illegal activities relating to prostitution and pornography, have a
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deleterious effect on the surrounding community, decrease property values
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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
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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
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"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
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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.
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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:
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