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HomeMy WebLinkAboutOrdinance 938 FIRST READING 2-17-87 ORDINANCE 938 SECOND READING 3-17-87 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA PROVIDING FOR AN ADULT ENTERTAINMENT CODE AND REGULATIONS THEREOF: CREATING A NEW CHAPTER FOR THE CODE OF ORDINANCES. ADULT ENTERTAINMENT CODE e ARTICLE I. GENERAL PROVISIONS Section 1. Authority; purpose; area of enforcement. This chapter is enacted under the home rule power of City of Ocoee, Flor ida, and is enacted in the interest of the public health, peace, safety, morals and general welfare of the citizens and inhabitants of the city and nearby areas to regulate businesses within the City of Ocoee, Florida. Section 2. Intent. It is the intent of the City of Ocoee, in enacting this chapter, to establish reasonable and uniform regulations of commercial establishments that will reduce the adverse effects of the concentration of adult entertainment establishments upon the morals, manners and property values of citizens of the city and nearby areas. Section 3. Findings of fact. e There is presently in the Orange County/Seminole County metropolitan area an increasing trend toward the concentration of adult entertainment establishments. Based on evidence and testimony presented at public hearings before the board of county commissioners of Orange County, Flor ida, and on the findings incorporated in the Orange County Adult Entertainment Code Chapter 83, Jacksonville Municipal Code, Chapter 410, Ordinance 77-257-256 section 1, the Los Angeles Municipal Code, Section 12.70, Ordinance 156509 (1982); the Detroit Zoning Ordinance, 66,0000, Ordinance 742-G section 1, 10-24-72, and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, January, 1984, the board hereby finds: (1) In the development and adoption of this chapter, it is recognized that there are some uses which, by their very nature, are recognized as having some serious objectionable operational characteristics, particularly when several such similar uses are concentrated within one area within the city, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or down- grading of the surrounding neighborhoods of the City of Ocoee and nearby areas. The primary legislative e objective in passage of this legislation is for the purpose of preventing a concentration of such uses in any area of the city. (2) It is further found that the concentration with a limi ted area of the ci ty of business operations and activities as described above tends to attract an undesirable number of transients, adversely affects property values, promotes an increase in crime, encourages illegal, immoral or unhealthy behavior, and tends to expose minors to harmful materials and influences. (3) Therefore, in order to preserve the public health, peace, safety, general welfare and good order of the community, and to safeguard the present and future character of neighborhoods and citizens in the area, the City of Ocoee has an interest in planning, regula- ting and legislating the use of properties for specified commercial purposes. Section 4. Definitions. In this code, unless the context otherwise following terms shall have the definitions set section. requi res, the out in this Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines for viewing by five (5) or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. For the purposes of this code, "adult arcade" is included within the definition of "adult motion picture theater." Adult bookstore means a place that sells or offers for sale, for any form of consideration, adult material the gross sale of which represents more than ten (10) per cent of the gross sales of the place or that compr ises more than twenty-five (25) per cent of the individual items it displays on the premises as its stock in trade in anyone or more of the following categories: e (1) New publications; (2) Used publications; (3) New merchandise; - 2 - (4) Used merchandise. e "Adult materials" means anyone or more of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices, which have as their primary or dominant theme matter depicting, illustrating, descr ibing or relating to specified sexual activities or specified anatomical areas; or b. Instruments, devices designed for use in sexual activities. or paraphernalia connection with which are specified An adult bookstore includes a place with only a portion or section of its area set aside for the display or sale to adults of materials listed in subsections (1) and (2) above, except that any place, otherwise included wi thin this def ini t ion, that can prove that it derives not more than ten (10) per cent of its gross income from the sale of materials listed in subsections (1) and (2) above shall be exempt from the provisions of this code so long as such material is kept out of the reach of customers and is accessed only by employees. Adult dancing establishment means a commercial establishment that permits, suffers or allows dancers to display or expose specified anatomical areas. Any establishment on whose premises an employee, who need not be the same employee, displays or exposes specified anatomi- cal areas on more than one day in a thirty-day period shall be deemed an adult dancing establishment and shall be required to obtain a license under this code. Adult entertainment establishment means an adult motion picture theater, a massage establishment, an adult bookstore or an adult dancing establishment. e Adult motion picture booth means an enclosed area designed or used for the viewing by one or two (2) persons of motion pictures, films, video cassettes, slides or other photographic reproductions which have as their pr imary or dominant theme, matters depicting, illustrating or relating to specif ied sexual activities or specified anatomical areas. For the purposes of this code, an "adult motion picture booth" is included within the definition of an "adult motion picture theater." - 3 - e e Adult motion picture theater means an enclosed building, or a portion or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used to present on a regular basis, for any form of consideration, film material which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activi- ties for observation by adult persons thereof, and includes any hotel or motel, boardinghouse, rooming house or other lodging for transient customers which advertises the presentation of such film material. For the purposes of this code, an "adult motion picture theater" includes both an "adult arcade" and an "adult motion picture booth." Alcoholic beverage means all beverages containing more than one (1) per cent alcohol by weight. Commercial means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For purposes of this code, operation for pecuniary gain shall not depend on actual profit or loss. Commercial establishment means any business location, place or business conducting or allowing to be conducted on its premises any commercial activity. Commission means the city commission of the City of Ocoee, Florida. Employee means a person who works or performs in a commer- cial establishment, irrespective of whether said person is paid a salary or wage by the owner or manager of the premises. Establishment means a physical plant or location or commercial activities or operations being conducted, or together, as the context of this code may require. the both Inspector means an employee of the public health department, or the building department, or the zoning department or the fire marshal to inspect premises licensed under this code and to take or require the actions authorized by this code in case of violations being found on licensed premises, and also to inspect premises seeking to be licensed under this code and to require corrections of unsatisfactory conditions found on said premises. Licensed premises means not only rooms and areas where adult materials regulated under this code, or adult activities regulated by this code, are sold, offered, presented or stored or where any form of adult entertainment is presented, but also all other areas within five hundred (500) feet of the room or area where adult materials or adult activities are regulated and over - 4 - e which the licensee has some dominion and control and to which customers or patrons may pass, and shall include all of the floor or land areas embraced within the plan appearing on or attached to the application for the license involved and designated as such on said plan. Massage establishment means a site or premises, or portion thereof, upon which any person, who is an employee, manipulates the superficial tissues of the body of another person wi th any portion of the hand, foot, leg, arm or elbow, but not including the following: Licensed health care facilities: licensed physicians or nurses engaged in the practice of their professions: educational athletic facilities, if the massage is a normal and usual practice in such facilities: or establishments exempted under Chapter 480-034, Florida Statutes (1981). Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciar ies, corporations and all other groups or combination. Personal advertising means any communication on the part of an employee of an adult entertainment establishment that is designed to encourage a prospective patron to enter said establishment and is performed by repeatedly speaking in a raised tone of voice, by making prominent physical gestures, such as waving or repeatedly pointing, or by holding signs or other written statements. Personal advertising shall not include oral or physical references to an adult entertainment established by patrons or spectators. e Premises means not only the rooms and areas physically occupied by a commercial establishment or where alcoholic beverages are sold, dispensed, offered, presented or consumed, but also all areas within five hundred (500) feet of the rooms and areas physically occupied by a commercial establishment or where alcoholic beverages are sold, dispensed, offered, presented or consumed over which the owner or management of the premises has some dominion and control and to which customers or patrons may pass. Principal stockholder means any individual, partnership or corporation that owns or controls, legally or beneficially, ten (10) per cent or more of a corporation's capital stock, and includes the officers, directors and principal stockholders of a corporation that is a principal stockholder under this code: provided, that if no stockholder of a corporation owns or controls, legally or beneficially, at least ten (10) per cent of the capital stock, all stockholders shall be considered principal stockholders: and further provided, that if a corporation is - 5 - e registered with the Securities and Exchange Commission or pursuant to Chapter 517, Florida Statutes (1981), and its stock is for sale to the general public, it shall not be considered to have any principal stockholders. Police chief means police chief of Ocoee, Florida. Religious institution means a building which is used primarily for religious worship and related religious activities. Residential zoning district, when used in the discussion of adul t entertainment establishments, is def ined to include any area outside the City of Ocoee legally zoned in a manner pr imar ily intended for dwellings and any area inside the ci ty which is included in any of the following zoning districts: RCE, R-1AAA, R-1AA, R-IA, R-l, R-2, R-3, RPO and PUD, if the particular PUD is primarily intended for dwellings. School means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by Chapter 233, Florida Statutes (1981), or which is maintained pursuant to standards set by the state board of education. This def ini tion includes a nursery school, kinder- garten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals or pubic region; b. The cleavage of the human buttocks; c. That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast, but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed. e - 6 - (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. e Specified anatomical areas of the human body is defined as follows: (1) Less than completely and opaquely covered: a. Human genitals, pubic region: b. Buttocks: or c. Female breasts below a point immediately above the top of the areola: and (2) Human genitals in a discernibly turgid state, even if completely covered and opaquely covered. Specified criminal act means a violation of this code: an offense under Chapter 800, Florida Statutes (1981): an offense under Section 806.01, 806.10, 806.111 or 806.13(2) (c), Florida Statutes (1981): an offense under Chapter 796, Florida Statutes (1981): an offense under Section 847.013 or 847.014, Flor ida Statutes (1981): an offense under Section 893.13, Florida Statutes (1981) or an offense under Section 849.09(2), 849.10 or 849.25(3), Florida Statutes (1981). Specified sexual activities is defined as follows: (1) Human genitals 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 geni tals, pubic region, buttocks or female breasts. e Straddle dance, also known as a "lap dance," or "face dance," means the use by an employee, whether clothed or not, of any part of his body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron, while on the premises, or the placing of the geni tal or pubic area of an employee in contact with the face of a patron, while on the premises. Substantially enlarged, when used in the discussion of adult entertainment establishments, is defined to mean increasing the side of the permitted and/or licensed premises by more than ten (10) per cent of the original permitted and/or licensed premises. - 7 - e Violation of this code means a violation of any provlslon of this code (Chapter 2.5) as found by a jury or any other trier of fact. All violations occurr ing on the same day pr ior to an arrest or the issuance of a notice to appear shall be considered as a single violation. Section 5. Penalties. Any person who violates any section of this code shall be prosecuted and punished in accordance with general law and additionally shall be subject to suspension or revocation of his license, or permit, as provided in this code or as provided in other sections of the Ocoee City Code. Section 6. Immunity from prosecution. All officers and employees of the city who are acting within the scope of their authority and duties under this code shall be immune from prosecution, civil and criminal, for trespass upon real property. ARTICLE II. LICENSING Section 1. Responsibility. Ultimate responsibility for the administration of this code is vested in the city commission of the City of Ocoee, Florida. The ci ty clerk is responsible for issuing all licenses. The police chief is responsible for verifying information contained on an application. The building department is responsible for the inspection of licensed premises and premises applying for a license in order to pass upon the construction and physical configuration of the premises involved. The fire chief is responsible for the inspection of licensed premises and premises applying for a license to ascertain compliance wi th all fire prevention codes, statutes or ordinances in effect in Orange County, Florida. The public health department is responsible for the inspection of licensed premises and premises applying for a license to ascertain compliance with Ocoee Health Codes, Orange County Health Codes and applicable state laws and regulations. The zoning department is responsible for ascertaining compliance with all locational requirements of this code, all zoning regulations and all other applicable land use laws. e Section 2. Power of administrative agencies. When a provision of this code gives the city clerk, the pOlice chief, the public health department, the building department, the zoning department or the fire chief the authority or duty to act, the authority or duty vests in the city clerk, - 8 - e the police chief, the public health off icer, the head of the building department, the head of the zoning department or in the fire chief or in any inspector or employee who is given the authority or duty to act in accordance with the administrative procedures of the agency or office concerned. Section 3. License-Required. (a) Requirement. No adult bookstore, massage establishment, adult motion picture theater or adult dancing establishment shall be permi tted to do business wi thout having first obtained a license under this code. (b) Classification. Licenses referred to in this code shall be classified as follows: (1) Adult bookstore; (2) Adult motion picture theater, which shall include adult arcades, places or buildings having adult motion picture booths, places or buildings having a hall or auditorium for the presentation of film material, places designed to permit viewing by patrons seated in automobiles and places or buildings having a combination of any or all of the foregoing; (3) Massage establishment; and (4) Adult dancing establishment. Each application for a license shall state the classification and location for which it is to be issued. A license may be issued in only one classification and for only one location, but this shall not prohibit an applicant or multiple applicants from filing separate applications for licenses in two (2) or more classifications at the same location. Section 4. Same-Disqualification. e (a) Noncompliance of premises. No license shall be issued if the city clerk, as a result of investigations by the building department, the zoning department, the public health department and the fire chief, determines that the proposed license premises does not meet each and everyone of the general and special requirements for the type of license applied for as established in this code, or if the proposed licensed premises fails to satisfy all applicable building, zoning, health and fire codes, ordinances, statutes or regulations, whether federal, state or local, nor shall any license be issued on false information given in the application for license. - 9 - (b) Issuance of revoked or suspended. license where prior license No license shall be issued to: has been e (1) Any individual, partnership or corporation whose license under this code is suspended; (2) Any partnership, a partner of which has a license presently suspended under this code; ( 3 ) Any corporation, an officer, director stockholder of which presently has its this code suspended; or or principal license under (4) Any individual who is or was at the time of suspension a partner in a partnership or an officer, director or principal stockholder of a corporation, whose license under this code is presently suspended. (c) Prohibited by law or court order. No license shall be issued when its issuance would violate a statute, ordinance, law or when an order from a court of law prohibits the applicant from obtaining an adult entertainment or occupational license in the City of Ocoee or Orange County, Florida. Section 5. Same-Application: fee. (a) Required information and documents. Any individual, partnership or corporation desiring to engage in the business of operating an adult bookstore, massage establishment, adult motion picture theater or adult dancing establishment shall file with the city clerk a sworn application on forms supplied by the city clerk. The application shall contain the following information and shall be accompanied by the following documents: (1) If the applicant is: a. An individual, his legal name and all aliases used by him; b. A partnership, the full name c. A corporation, the exact corporate name, the date of incorporation, evidence that the corporation is in good standing, and the names and capacity of all the officers, directors and principal stockholders; e (2) If the business is to be conducted under a name other than that of the applicant, the business name and the county of registration under Section 865.09, Flor ida Statutes (1981); - 10 - e (3) Whether the applicant or any of the other individuals listed pursuant to subsection (1) have, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the particular criminal act involved and the place of conviction; (4) Whether the applicant or any of the other individuals listed pursuant to subsection (1) above have had their license under this code previously suspended or revoked or have been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this code has previously been suspended or revoked, including the date of the suspension or revocation; (5) The classification of the license for which the application is being filed; (6) Whether the applicant holds any other licenses in the classification for which the application is being filed and, if so, the number and locations of such licensed premises; (7) The proposed location of the business; (8) The names of the employees, if known, or, if presently unknown or there will be no employee, a statement to that effect; and (9) A plan drawn to appropriate scale of the proposed licensed premises indicating the areas to be covered by the license, all windows, doors, entrances and exi ts and the fixed structural features of the proposed licensed premises. The term "fixed structural features" shall include walls, stages, immovable partitions, projection booths, admission booths, conceSS10n booths or stands, immovable counters and similar structures that are intended to be permanent. e (b) Application fee. Each application shall be accompanied by a nonrefundable application process fee of five hundred dollars ($500.00) payable at the time the application is filed. In the event an applicant applies for more than one license for the same premises and submits said applications at the same time, he shall submit a nonrefundable fee of five hundred dollars ($500.00) per license application. - 11 - Section 6. Same - Investigation. e Upon receipt of an application properly filed with the city clerk and upon payment of the application fee, the police chief shall verify the information required by Section 5 of this code. The public health department, the building department, the zoning department and the fire chief shall investigate the proposed licensed premises for compliance wi th this code and other applicable laws and regulations relating to construction, safety, fire protection, zoning and public health. At the conclusion of its investigation, each administrative agency shall endorse on the application the results and findings thereof, recommending either approval or disapproval of the application. Section 7. Same - Issuance; denial; revocation. (a) Approval and Issuance. Upon the completion of the investigation of an application by the police chief, the building department, the zoning department and the fire chief, the ci ty clerk shall approve or disapprove the application. If approved, the city clerk shall issue the license upon the payment of the appropriate license fee provided in Section 15. (b) Disapproval and Denial. If the police chief, the public health department, the building department, the zoning department or the f ire chief recommends disapproval, it shall indicate the reason therefor upon the application, or in a separate writing, and the city clerk shall deny the appli- cation. If the application is disapproved, the city clerk shall notify the applicant of the disapproval and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address. Notwithstanding any other provlslon in this code, the city clerk shall deny any application for a license in which the applicant has supplied false or untrue information. e The city clerk shall approve or disapprove all applications within ninety (90) days from the date a completed application has been submi tted. Upon the expiration of ninety (90) days the applicant shall be permitted to initiate operating the adult entertainment establishment for which a license was sought, unless the ci ty clerk notif ies the applicant of a preliminary denial of the application. A preliminary denial shall specify the reasons for denial and shall be sent to the address on the license application, which shall be considered the correct address. - 12 - e (c) Revocation. Should a license be issued as a result of false information, misrepresentation of fact, or mistake of fact, it shall be revoked. If the application is revoked, the city clerk shall notify the licensee of the revocation and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address. (d) Appeal. Within fifteen (15) days after the mailing of either a notice of denial or preliminary denial of an application for a license or a notification of the revocation of a license, the applicant or licensee may take an appeal to the city commis- sion of the Ci ty of Ocoee as provided in this code. If the commission finds that the application should be approved, it shall so order and, upon payment of the appropriate license fee provided in this code of five hundred dollars ($500.00), the city clerk shall issue the license. If the commission finds the license should not have been revoked, it shall notify the city clerk who shall reissue the license. Section 8. Limitation on Licenses and Licensed Premises. There shall be no limitation on the number of licenses issued, but licensed premises shall observe the locational restrictions contained in this code. A licensed premises may be owned by the licensee or may be leased by the licensee from a person not a licensee under this code; provided, that a licensee who is a tenant or lessee may not surrender his tenancy or lease to the owner or lessor if by so doing said owner or lessor will take possession, control and operation of the licensed premises and the business licensed under this code, unless the license is transferred as provided in this code; and further provided, that a licensee who is the owner of the licensed premises may not lease or otherwise give up possession, control and operation of the licensed premises and the business licensed under this code to any other individual, partnership or corporation, unless the license is transferred as provided in this code. Section 9. Display of License; Mutilation Prohibited. All licensees licensed under this code shall display their licenses in conspicuous places on their licensed premises in a clear, transparent cover or frame. The license shall be available for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed. e Section 10. Term of License; Renewals. (a) Term. All licenses issued under this code, except new licenses, shall be annual licenses which shall be paid for on or - 13 - e before October first and shall expire on September thirtieth of the following year. A license beginning business after October first and before April first may obtain a new license upon application therefor and the payment of the appropriate license fee and such license shall expire on the following September thirtieth. A licensee beginning business after March thirty- first and before October first may obtain a new license upon application therefor and the payment of one-half of the appropriate license fee herein required for the annual license and such license shall expire on September thirtieth of the same year. The provisions of this paragraph shall not affect any other provisions of this code. (b) Renewals. A licensee under this code shall be entitled to a renewal of his annual license from year to year, as a matter of course, on or before October first by presenting the license for the previous year or satisfactory evidence of its loss or destruction to the city clerk and by paying the appropriate license fee. A license that is not renewed by October first of each year shall be considered delinquent and, in addition to the regular license fee, subject to a delinquency penalty of ten (10) per cent of the license fee for the month of October and an additional month, or fraction thereof, of delinquency until paid; provided, that the total delinquency penalty shall not exceed twenty-five (25) per cent of one license fee. All licenses not renewed wi thin thirty (30) days of September thirtieth will be revoked by the city clerk, unless such license is involved in litigation. Section 11. Transfer of License. When a licensee shall have made a bona f ide sale of the business which he is licensed under this code to conduct, he may obtain a transfer of the license issued under this code to the purchaser of said business, but only if, before the transfer, the application of the purchaser shall be approved by the city clerk in accord with the same procedure provided in this code for issuance of new licenses. Before the issuance of any transfer of license, the transferee shall pay a transfer fee of two hundred fifty dollars ($250.00). Licenses issued under this code shall not be transferable in any other way than provided in this section. Section 12. Licensee Moving to New Location; Changing Name of Business. e (a) New Location. A licensee may not move his licensed premises to a new location and operate at the new location wi thout first following the same procedure for the issuance of new licenses in this code and payment of the application fee of - 14 - e five hundred dollars ($500.00). The licensee shall submit to the city clerk an application for a change of location, accompanied by an application fee of five hundred dollars ($500.00) at the time the application is filed. The application will contain, or have attached to it, a plan drawn to appropr iate scale of the licensed premises at the new location indicating the area to be included in the new licensed premises, all windows, doors, entrances and exits and the fixed structural features of the new licensed premises. If more than one license has been issued to the licensed premises at the old location, the licensee shall state in his application for a change of location which of said licenses are being moved to the proposed new location. Upon approval of the application, there shall be issued to the licensee a license for the new location. (b) Change of Name. No licensee may change the name of the business located at his licensed premises without first giving the city clerk thirty (30) days' notice in writing by certified mail of such change and without first making payment to the city clerk of a ten dollar ($10.00) change-of-name fee. Section 13. Suspension of License. (a) Violations of Health, Building, Zoning or Fire Provisions. In the event a licensed premises 1S found in violation of a health, building, zoning or fire provision of this code, the appropriate agency shall notify the licensee of said violation according to the standard procedures of the agency and shall follow its normal agency procedures for correcting said violations and shall grant the licensee the right to exhaust applicable administrative remedies. Should the licensee fail either to correct the violation or to obtain an administrative reversal of the agency finding, the appropr iate agency shall notify the ci ty clerk, who shall forthwi th ini tiate procedures for suspension of license. (b) Other Violations. In the event a jury or other trier of fact in a court of law finds that a licensee has violated any section of this code, whether or not an adjudication of guilt has been entered, the city clerk shall forthwith initiate procedures for suspension of license. (c) Fine or Suspension of License: e ( 1 ) Procedure. Upon receiving notice that a licensee has violated a provision of this code, as provided in paragraphs (a) and (b) above, or any other county, state, federal or Ocoee statute, ordinance or resolution, the city clerk shall suspend all licenses issued for the premises where said violation occurred, - 15 - e ( 2 ) ( 3 ) unless otherwise provided below, and shall notify the licensee (s) of his action. Notification shall be by certified mail and/or hand delivery and shall be sent to the address on the license application, which shall be considered the correct address. Periods of Suspension. A single violation by a licensee of this code shall result in suspension of the adult entertainment license for thirty (30) days. Upon a second violation of this code within a period of two (2) years from the date of a pr ior violation of this code, but not including any time during which the license was suspended, the license shall be terminated permanently. Upon a third violation of this code within a period of two (2) years from the first of three (3) violations, but not including any time during which the license was suspended, the license shall be revoked. All periods of suspension shall begin on the fifteenth (15th) day from the date the city clerk mails a notice of suspension to the licensee or on the date the licensee delivers his license to the ci ty clerk, whichever comes first. Surrender of License Required. If a licensee, after having been mailed notice of the suspension of his license in the manner herein provided, fails to surrender his license to the city clerk within fifteen (15) days or fails otherwise to account for the license to the satisfaction of the ci ty clerk, the license shall be terminated forthwith. When a license is suspended for a violation of a health, building, zoning or fire provision of this code, as described in paragraph (a) above, the license shall not be reissued until said violation is corrected. Section 14. Appeals. Appeals alleging error in the denial, suspension or revocation of a license or permit under this code shall be by petition for a formal hearing before the city commission of the City of Ocoee, Florida. A notice of intent to appeal shall be filed with the city clerk wi thin fifteen (15) days of the mailing of a notice of denial, suspension or revocation of a license or permit. Thereafter, and upon payment of a fee of one hundred dollars ($100.00) to cover administrative costs, a hearing will be scheduled within thirty (30) days. The city clerk shall give the petitioning party at least ten (10) days' written notice of the time and place for the hearing. e - 16 - l Section 15. License Fee. e (a) Levy of Fees. There are hereby levied the following annual license fees under this code: (1) Adult bookstore - Five hundred dollars ($500.00); (2) Massage establishment - Five hundred dollars ($500.00); (3) Adult motion picture theaters, as follows: a. Having only adult motion picture booths - One hundred dollars ($100.00) for each booth; b. Having only a hall or audi tor ium - Three dollars and fifty cents ($3.50) for each seat or place; or seated in automobiles - Three dollars and fifty cents ($3.50) for each speaker or parking space; or c. Having a combination of any of the foregoing -The license fee applicable to each under subparagraphs a., b. and c. (4) Adult dancing establishment ($500.00); Five hundred dollars (5) Two (2) or more licenses in any of the above categor ies, except massage establishment, to a single premises - One thousand dollars ($1,000.00). (b) License Fees as Regulatory Fees. The license fees collected under this code are fees paid for the purpose of examination and inspection of licensed premises under this code and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes imposed by other sections of the City Code of Ocoee, Florida. The payment of a license fee under this code shall not relieve any licensee or other person of liabili ty for and the responsibility of paying an occupational license tax where the same is required by other sections of the City Code of Ocoee, Florida, and for doing such acts and providing such information as may be required by said sections. Section 16. Records and reports; consent by licensee. e Each licensee shall keep such records and make such reports as may be required by the city clerk, the police chief, the public health department, the building department, the zoning department and the fire chief to implement this code and carry - 17 - e out its purpose. By applying for a license under this code, an individual, partnership or corporation shall be deemed to have consented to the provisions of this code and to the exercise by the city clerk and other interested agencies of the powers given by this code and in the manner therein specified. ARTICLE III. REQUIREMENTS FOR LICENSED PREMISES Section 1. General Requirements. Each licensed premises shall: (1) Conform to all applicable building statutes, codes or ordinances, whether federal, state or county or city. (2) Conform to all applicable fire statutes, codes or ordinances, whether federal, state or local. (3) Conform to all applicable health statutes, codes or ordinances, whether federal, state or local. (4) Have each and every glass area that faces a public thoroughfare which casual passerby can see the materials or activity inside the licensed premises covered over by black paint or other opaque covering; provided, that this requirement shall not apply if the uncovered glass area exposes to public view only a lobby or anteroom containing no material or activity other than a reception counter or desk and chairs or couches for customers to use while waiting; (5) Conform to the requi rements of Chapter 381, Flor ida Statutes (1981), and the rules and regulations of the Florida Department of Health and Rehabilitative Services made pursuant thereto. Each licensed premises shall be deemed to be a "place serving the public" for the purpose of sanitary facilities; provided, that when more than one license is issued for a single location, they shall collectively be considered as one licensed premises if customers may circulate freely throughout the entire area of the licensed premises; (6) Sanitary facilities requirements: e a. Water Supply. The water supply must be adequate, of safe, sanitary quality and from an approved source in accordance wi th provisions of Chapter 17-22 of the Florida Administrative Code. - 18 - b. Plumbing. Plumbing shall be sized, installed and maintained in accordance with provlSlons of Chapter 100-9 of the Florida Administrative Code. e c. Restrooms. All toilet facilities must be of readily cleanable design and kept clean, in good repair, and free from objectionable odors. Restrooms must be vented to the outside of any building, be equipped with mechanical exhaust systems and be well lighted. Floors shall be of impervious easily cleanable materials. Walls shall be smooth, nonabsorbent and easily cleanable. Section 2. Advertising. No adult bookstore, massage establishment, adult motion picture theater, or adult dancing establishment shall: (1) Display a sign advertising the presentation of any activity prohibited by a Florida Statute, an ordinance of Orange County, Florida, or any applicable municipal ordinance. (2) Display a sign capable of leading a reasonable person to believe that the establishment engages in an activity prohibited by a Florida Statute, an ordinance of Orange County, Florida, or any applicable municipal ordinance of the City of Ocoee; (3) Erect, install, maintain, alter or operate any sign in violation of any ordinance or resolution of Orange County or the City of Ocoee; (4) Engage in, encourage or permi t any form of personal advertising for the commercial benefit of the establishment or for the commercial benefit of any individual who displays or exhibits specified anatomical areas within the establishment. e Section 3. Use of loudspeakers or sound equipment prohibited. No loudspeakers or sound equipment shall be used to describe or discuss specified anatomical areas of the human body or specified sexual activities which can be discerned by the public from public and/or semipublic areas. - 19 - Section 4. Prohibited activities. e (a) No employee, as defined in this code, shall engage in specified sexual activities on the licensed premises in the presence of patrons or spectators or for any form of consideration. Notwithstanding any provisions of this code to the contrary, it shall not be unlawful for any person or employee of a commercial establishment, or adult entertainment establishment, to expose specified anatomical areas in connection wi th the use of approved sanitary facilities commonly known as restrooms. However, specified anatomical areas shall be exposed or displayed only in connection with excretory functions. (b) It shall be unlawful for any employee, customer or patron of a licensed premises to participate in a straddle dance, as defined in this code, on the licensed premises. (c) No employee, while on the licensed premises or within the scope of his employment, shall contract or agree to perform, for any form of consideration, a straddle dance and actually perform said straddle dance, regardless of where such performance takes place. (d) It shall be unlawful for a customer or patron of a licensed premises to touch with the hands an employee I s pubic area or genitals, whether said employee is clothed or not. Section 5. Adult bookstore. In addition to the general requirements contained in this code, an adult bookstore shall observe the following special requirements: (1) All materials, devices and novelties shall be so displayed that they cannot be seen by anyone other than customers who have entered the licensed premises. (2) If recordings are offered for sale and customers may listen to them while on the licensed premises, soundproof booths or rooms shall be available for use by customers who desire to listen, and each such booth or room shall have: a. One clear window, facing the major portion of the licensed premises, covering not less than one- fourth of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use; e - 20 - e Section 6. b. Sufficient chairs or couches to accommodate the expected number of persons who will occupy the booth or room at one time; c. The number of persons who may occupy the booth or room at one time clearly stated on or near the door to the booth or room, and only that number of persons shall be permitted; d. The door or doors opening into the booth or room incapable of being locked or otherwise fastened so that it or they will freely open from either side; e. All areas where a patron or customer is to be positioned visible from a continuous main aisle and not obscured by any curtain, door, wall or other enclosure. Massage Establishments. In addi tion to the general requirements contained in this code, a massage establishment shall observe the following special requirements: (1) Any massage establishment seeking a license under this code shall present to the city clerk a state license issued pursuant to Chapter 480, Florida Statutes (1981), at the time a license under this code is to be issued. No license under this code shall be issued in the event the applicant fails to present said state license. (2) Dressing rooms shall be proportioned to the maximum number of persons who are expected to be in them at one time, excluding attendants and assistants, and separate dressing rooms shall be provided for men and women. Floors shall be of a smooth, impervious material with a nonslip surface and shall be covered at the wall junction for thorough cleaning. Partition walls shall terminate at least six (6) inches above the floor or be placed on continuous raised masonry or concrete bases at least four (4) inches high. (3) One shower shall be provided for each forty (40) men or women, or fraction thereof, based upon the maximum number of persons who are expected to be using shower facilities at one time, and separate shower facilities shall be provided for men and women. Floors and partition walls shall be constructed as required in subsection (2) for dressing rooms, and duckboards or e - 21 - wooden gratings may be used on shower floors if duplicate sets are provided and rotated in use. e (4) One locker shall be provided for each patron who is expected to be on the licensed premises at one time, which shall be sufficient size to hold clothing and other articles of wear ing apparel. Each locker shall be capable of being locked by the patron, with no one else having the key so long as the patron is using the locker, or the locker shall be under the constant attention and supervision of an attendant. (5) Massages of a person by another person who displays or exhibits specified anatomical areas are prohibited. (6) No person shall massage the genitals or pubic area of another person. Section 7. Adult Motion Picture Theaters. In addition to the general requirements contained in this code, an adult motion picture theater shall observe the following special requirements: (I) Each adult motion picture booth shall be open or have a rectangular-shaped entranceway not less than two (2) feet wide nor less than six (6) feet high. (2) Each adult motion picture booth shall have sufficient seats or couches to accommodate the maximum number of persons expected to use the booth. The maximum number of persons who may occupy a booth shall be stated on or near the entranceway, and only that number shall be permitted to be in a booth at one time. (3) All areas where a patron or customer is to be positioned must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall or other enclosure. e (4) In addition to the sanitary facilities required by Article III, Section 1, there shall be provided within or adjacent to the common corridor, passageway or area in adult motion picture theaters having adult motion picture booths adequate lavator ies equipped wi th running water, hand-cleansing soap or detergent and sanitary towels or hand-drying devices; common towels are prohibited. - 22 - e (5) An adult motion picture theater designed to permit viewing by patrons seated in automobiles shall have the motion picture screen so situated, or the perimeter of the licenses premises so screened, that the projected film material may not be seen from any public right-of- way or residential property. Section 8. Adult Dancing Establishment. In addition to the general requirements contained in this code, an adult dancing establishment shall observe the following requirements: (1) Persons engaged in displaying or exposing specified anatomical areas are prohibited from simulating sexual activity with any patron, spectator, employee or other person on the premises of an adult dancing establishment. (2) No person in an adult dancing establishment shall engage in the display or exhibition of the human geni tal or pubic region, the cleavage of the human buttocks, or the areola of the human female breast, except while the person is positioned in an entertainment area consisting of a platform or other structure raised eighteen (18) inches above the immediately surrounding area and encompassing an area of at least one hundred (100) square feet, and while the person is positioned at least three (3) feet from a patron or spectator. (3) No spectator or patron shall be present in the entertainment area, defined in subsection (2), during the course of any performance involving the display or exhibi tion of the human geni tal or pubic reg ion, the cleavage of the human buttocks, or the areola of the human female breast. e (4) No person maintaining, owning or operating an adult dancing establishment shall suffer or permit the construction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied or are commonly occupied alone or together by any person or persons on the premises of such establishment for private performances involving the display or exhibition of specified anatomical areas. (5) No person on the premises of an adult dancing establishment shall be permitted to use or to be present in areas partitioned or screened from public - 23 - e view that are designed to be occupied together or alone by any person or persons on the premises of such establishment for the display or exhibi tion of specified anatomical areas. ( 6) Nothing in this code pertaining to adult dancing establishments shall be construed to permi t or authorize any acts or activities therein that are prohibited by state law. ARTICLE IV. SPECIAL PROVISIONS Section 1. Operation of Unlicensed Premises Unlawful. It shall be unlawful for any person to operate an adult bookstore, adult motion picture theater, massage establishment or adul t dancing establishment unless such business shall have a currently valid license therefor under this code, which license shall not be under suspension or permanently or conditionally revoked. Section 2. License Required of Commercial Establishments Advertising Adult Entertainment. Any commercial establishment that displays within one hundred (100) feet of its premises a sign or other form of advertisement capable of leading a reasonable person to believe that said establishment engages in an activity required by this code to be licensed shall obtain an adult entertainment license for said activity. Section 3. Proscriptions where alcoholic beverages are sold, dispensed or permitted. No portion of the human genital or pubic region, the cleavage of the human buttocks, or the areola of the human female breast shall be displayed or exposed on a licensed premises where alcoholic beverages are sold, dispensed or permitted. Section 4. Admission of minors unlawful. e It shall be unlawful for a licensee to admit or to permit the admission of minors within a licensed premises. This adult entertainment code shall not apply to conduct the regulation of which has been preempted to the state under Chapter 847, Florida Statutes (1981). - 24 - Section 5. Sale to minors unlawful. e It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any minor any service, material, device or thing sold or offered for sale by an adult bookstore, adult motion picture theater, massage establishment or adult dancing establishment. Section 6. Permitting violations of code or illegal acts prohibited. No licensee, owner or employer shall permit, suffer or allow violations of this code or illegal acts to take place on the licensed premises, if the licensee or employee knows or has reason to know that such violations or illegal acts are taking place. Section 7. Permits for employees in licensed premises. (a) Adult entertainment permit required. Unless specifically excluded below, it shall be unlawful for any person to obtain employment in an establishment licensed under the adult entertainment code, for any form of consideration, or to exhibit or display specif ied anatomical areas in an adult bookstore, massage establishment, adult motion picture theater or adult dancing establishment unless and until such person shall have first obtained an adult entertainment permit or temporary permit from the City of Ocoee. This section shall not apply to employees engaged exclusively in per forming jani tor ial or maintenance services. (b) Qualifications. Employees of a licensee on a licensed premises shall not be less than eighteen (18) years of age. - (c) Application for and issuance of adult entertainment permit: (1) All present and prospective employees of an adult entertainment establishment shall file an application for an adult entertainment permit with the city clerk of the City of Ocoee. (2) All applications shall be accompanied by a nonrefundable payment of a fifty dollar ($50.00) fee. (3) The city clerk shall submit the names of all applicants for an adult entertainment permit who intend to work in an adult dancing establishment or a massage establishment to the health department. If, in the thirty (30) days immediately preceding submission of an - 25 - e ( 4) ( 5 ) e application, such applicant was a known carrier of any notifiable communicable disease, as defined in Chapter 10D-3, Florida Administrative Code, the health department shall notify the ci ty clerk and no permi t shall be issued unless and until the applicant presents a statement from a licensed physician certifying that the applicant is free of all notifiable communicable diseases. At the time an applicant applies for a permit and completes all requirements for the issuance of a permit, he shall be issued a temporary permit valid for seven (7) days. No later than seven (7) days from the filing of an application and, if applicable, upon presentation of the statement of a licensed physician as required in subsection (4) above, the ci ty clerk shall issue a permit. It shall be the duty of the city clerk to issue the applicant a written permit which shall be signed by the city clerk, and shall bear the name, address, sex, age, signa ture and photograph of the applicant. The city clerk shall procure the fingerprints and a photograph of the applicant and the name(s) of all entertainment establishments where the applicant is to work or perform and shall keep the same on permanent file in his or her office. The fingerprints, name(s) of establishment(s) and photograph of the applicant shall be furnished by the applicant at the time of filing his application. The city clerk may request an applicant to provide such information as is necessary to effect other purposes of this code. Upon deli very of the permit to the applicant, the applicant may begin working on the licensed premises as a permanent employee. There shall be submitted with each application for a permit proof of the applicant's age. Such proof may be provided by production of the applicant's driver's license, passport or a certified copy of his birth certificate. If the applicant is unable to furnish any of such documents, a certificate from the public school authorities as to the age of the applicant upon entering school as required by Section 232.03 Florida Statutes (1983), "or the school author i ties of the state where applicant enrolled in school, shall be submitted. Upon inability of applicant to establish a birth date as above provided, then the same may be established in the order of preference as provided by Section 232.03. However, uncertified copies of such documents shall not be accepted." - 26 - e ( 6 ) ( 7) e Any applicant who does not possess a driver's license, passport or certified copy of his birth certificate may obtain a temporary permi t upon completion of all other requirements for an application and submission of a written request to the appropriate authority in his state of birth that certified evidence of his date of birth be sent to the city clerk. No permit shall be issued when its issuance would violate a statute, ordinance, law or when an order from a court of law prohibits the applicant from obtaining an adult entertainment permit in Ocoee. Any adult entertainment establishment holding a valid adult entertainment license issued pursuant to this code shall be permitted to provide its employees with current permit application forms approved by the city clerk and to take the photograph of the applicant in a manner and with equipment approved by said department on the express condition that the establishment: a. Require the employee to complete the application form and be photographed wi thin one working day after the time said employee begins to work or perform in said establishment; b. Mail a notice in writing to the city clerk within one working day after said employee has begun to work or perform at said establishment; c. Make the employee available for fingerprinting at a time and location to be determined by an agent appointed by the city clerk at which time and place said employee shall present to the agent the employee's completed application form and photograph; d. On the first Monday of every month provide the city clerk with a current listing of all employees and their positions; e. In exchange for acceptance of the benefits provided by this subsection, waive any and all rights to challenge the permit requirements of this code; f. Reimburse Ocoee for reasonable additional expenses incurred pursuant to this subsection. - 27 - (d) Revocation. Should a permi t be issued as a result of false information, misrepresentations of fact or mistake of fact, it shall be revoked. e (e) Expiration and renewal. A permit under this code shall expi re one year from the date of issuance. A permi t tee under this code shall be entitled to a renewal of his permi t as a matter of course, except when said permit has been suspended or revoked, upon presentation of his previous permit or presentation of an affidavit as to its loss or destruction to the department of general services and payment of a fifty dollar ($50.00) fee. (f) Possession of permit required: (1) It shall be unlawful for an employee, as defined in this code, to work, perform or to exhibi t or display specified anatomical areas in an adult entertainment establishment without an adult entertainment permit in his immediate possession at all times. (2) No person charged with violating this section shall be convicted if he produces to the city clerk or police chief wi thin seventy-two (72) hours of detention or incarceration a valid adult entertainment permit. (3) Upon receipt of a properly authenticated notification from the city clerk or police chief verifying issuance of a valid permit, the clerk of the court is authorized to dismiss such cases at any time prior to the defendant's appearance in court. (g) Violations. Any person who violates the prov~s~ons of this section, or otherwise fails to secure a permit as required by this section, shall be prosecuted and punished in accordance with general law. - (h) Suspension of permit: (1) Procedure. Upon receiving notice that a jury or other trier of fact in a court of law has found that a permittee violated any provision of this code, whether or not an adjudication of guilt has been entered, the ci ty clerk shall suspend the permit and shall notify the permittee of his action. Notification shall be by certified mail and shall be sent to the address on the permit application, which shall be considered the correct address. ( 2) Periods of suspension. A single violation of this code shall result in the suspension of the adult entertain- - 28 - e ment permit for thirty (30) days. Upon a second violation of this code within a period of two (2) years from the date of a prior violation of this code, but not including any time dur ing which the permi twas suspended, the permit shall be suspended for ninety (90) days. Upon a third violation of this code within a period of two (2) years from the first of three (3) violations, the permit shall be revoked. All per iods of suspension shall begin on the fifteenth day after the date the city clerk mails a notice of suspension to the permittee or on the date the permittee delivers his permit to the city clerk, whichever comes first. ( 3 ) Surrender of permit required. If a permittee, after having been mailed notice of the suspension of his permit in the manner herein provided, fails to surrender his permit to the city clerk within fifteen (15) days, the period of suspension of the permit shall be extended until and shall not expire until a period has elapsed after the date of surrender of the permit, or after the date of expiration of the permit, whichever comes first, which is identical in length with the original period of suspension. (i) Appeal. If an application for a permit is denied or if a permit is suspended or revoked, the procedures specified in this section shall be available to the applicant or permittee, in the manner herein specified. If the applicant or permittee does not appeal the denial, suspension or revocation of a permit, the applicant or permittee shall be deemed to have failed to have exhausted his administrative remedies. ( j ) Replacement of lost permi ts. Replacements for lost permits shall be obtained by completing an application as required in this section. All applications for replacement permits shall be accompanied by a ten dollar ($10.00) fee. e (k) Change of address, name or place of employment. Whenever any person, after applying for or receiving an adult entertainment permi t, shall move from the residential address named in such application, or in the permit issued to him, or when the name of the permittee is changed by marriage or otherwise, or when the permittee takes on employment or beings to perform at an adult entertainment establishment not indicated in his application, such person shall within ten (10) days thereafter notify the city clerk in wr it ing of his old and new address, or of such former and new names. - 29 - e e ARTICLE V. LOCATIONAL REQUIREMENTS Section 1. Prohibited locations. Notwi thstanding any other prov1s1on of this code or any provision of the municipal code of the City of Ocoee, no person shall cause or permi t the establishment or substantial enlargement of an adult bookstore, adult motion picture theater, massage establishment or an adult dancing establishment wi thin one thousand (1,000) feet of another such business; within one thousand (1,000) feet of any preexisting religious institution or school; wi thin one thousand (1,000) feet of an area zoned for residential use within Ocoee; or within five hundred (500) feet of a commercial establishment that in any manner sells or dispenses alcohol for on premises consumption. "Substantial enlargement" shall mean increasing the size of the licensed premises by more than ten (10) percent of the original licensed premises. The above distance requirements shall be considered locational rather than zoning requirements. Section 2. Districts. Adult entertainment establishments shall be conditional uses within C-l and C-2 zoning districts within the City of Ocoee, and subject to all restrictions enumerated herein. Said conditional uses, permitted and/or licensed, shall be supplemental to the conditional uses authorized within said districts, as of the effective date of this chapter. Section 3. Conditional use approval. Before an adult entertainment establishment is approved, the board of adjustment shall determine that the creation of the use is in the public interest and, in making this determination, shall be satisfied that: (1) The location, size, operating and other characteristics of the proposed establishment shall be compatible with and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. (2) No adult entertainment establishment shall be allowed unless it complies with the distance requirements specified in Section 1 or unless the board of adjustment waives these distance requirements after finding that all appropriate regulations of this chapter will be observed, the spirit and intent of this chapter will be observed, and that the proposed use will not be contrary to the public interest or injurious to nearby properties. - 30 - Section 4. Measurement of distance. e For the purposes of this chapter, distance measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest part of the portion of the building or structure used as an adult entertainment estab- lishment to the nearest property lien of the premises of a church, school, public park or public recreation area, or to the nearest boundary of a residential zoning district. Section 5. Nonconforming uses. A person owning or controlling an adult entertainment establishment which, on the effective date of this chapter, does not comply with the distance requirements of Section 1 shall be subject to the nonconforming use provisions contained in Section Article of Appendix to the Code of the City. Section 6. Residential zoning. In the event an area is zoned residential for the first time or an area is rezoned for residential use and lies wi thin one thousand (1,000) feet of an existing adult entertainment establishment, the adult entertainment establishment shall be considered an existing nonconforming use, as defined in Section 5 hereof, from the effective date of the rezoning ordinance. ARTICLE VI. ALCOHOLIC BEVERAGES Section 1. Exhibit or display of certain anatomical areas by employees or patrons prohibited. It shall be unlawful for any employee of a establishment, regardless of whether it is licensed code, where said employee knows or should have alcoholic beverages are on the premises, to exhibi t the human genital or pubic region, the cleavage of buttocks or the areola of the human female breast. commercial under this known that or display the human e Straddle dancing by employees or patrons prohibited. (a) It shall be unlawful for any employee, customer or patron of a commercial establishment, regardless of whether it is licensed under this code, to participate, while on the premises, in a straddle dance, as that term is defined in this code, where said employee, customer or patron knows or has reason to know, that alcoholic beverages are sold, dispensed or brought onto the premises for consumption on the premises. Section 2. - 31 - e (b) No employee, while on the premises or within the scope of his employment, shall contract or agree to perform, for any form of consideration, a straddle dance and actually perform said straddle dance, regardless of where such performance takes place. (c) It shall be unlawful for a customer or patron of a premises to touch with the hands an employee I s pubic area or genitals whether said employee is clothed or not. Section 3. Exception; restroom use. Notwithstanding any provisions of this code to the contrary, it shall not be unlawful for any person or employee of a commercial establishment, or adult entertainment establ ishment, to expose specified anatomical areas in connection with the use of approved sanitary facilities commonly known as restrooms. However, specified anatomical areas shall be exposed or displayed only in connection with excretory functions. Section 4. Sufferance of straddle dancing or exhibition or display of certain anatomical areas prohibited. (a) Employers of commercial establishments within Ocoee are responsible for the acts of their employees. (b) It shall be unlawful for any person maintaining or operating a commercial establishment, regardless of whether it is licensed under this code, where said person knows or has reason to know that alcoholic beverages are on the premises of the commercial establishments, to knowingly, or with reason to know, permit, suffer or allow any employee on the premises to perform or participate in a straddle dance, as broadly defined by this code, or to exhibit or display the human genital or pubic region, the cleavage of the human buttocks, or the areola of the human female breast. (c) Any establishment which has received an occupational license to operate commercially is presumed to be a commercial establishment. Section 5. Proof. e (a) In all actions, civil or criminal, for violation of this chapter, testimonial evidence that a beverage was an alcoholic beverage, beer or wine may be offered by any person who, by experience in the past in handling or using alcoholic beverages, beer or wine, or who by taste, smell or drinking of such liquids, has knowledge of the presence of the alcoholic content thereof or the intoxicating effect thereof. - 32 - e - (b) The presence of alcoholic content of any beverage, beer or wine may be shown by hydrometer or gravity test made in or away from the presence of the fact finder by any person who has knowledge of the use of said instrument, but the production of such evidence is optional. U l\IXlP'.Im 'JBIS / 'I DAY<F~d/ , 1987. CITY <F <XXEE, F.LORIDA ~v~ Ml\YOR AT'IR)T: ,J~~ CITY CLERK B037FCKHOl-R2 02/06/87 - 33 -