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HomeMy WebLinkAbout2001 11 26 Public Hearings F First Reading - Ordinance 2001-59 Prohibiting Public Nudity in an Establishment Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-21 -01 11 :52AMj Page 2 COMMISSION AGENDA ITEM F Consent Informational Public Hearing X Regular Novemher 26, 2001 Meeting fSJNil \\/ ~fo I Mgr. / All. / Dept. REQUEST: The City Manager and City Attorney request lhat the City Commission conduct a public hearing for first readi ng of Ordinance 200 I-59, an ordinance prohibiting a person froIll publicly appearing nutll: in any establishment that is licensed by the Slale of Florida to permit the sale, servic\:, or consumption of alcoholic neveruges. PURPOSE: Thc purposc of this Agenda Ttem is to request that a public hearing and first reading be conducted on Ordinance 2001-59. The purpose of Ordinance 2001-59 is to prohibit a person from publicly appearing nude in any e!itahlishment that is licensed by the State of .FloricL1. to permit the sale, service or consumption of alcoholic beverages. APPLICARLF, 1,AW ANn PUBLIC POLICY: (I) Section 4.15, Charter of Winter Springs (2) Set forth in ,he recitals of Ordinance 2001-59 and the studies, evidence, case law, and statistics provided to the City Commission on September 24, 2001 as Infonnational Ikm E. CONSIDERATIONS: 1. The City Conunission previously directed that the City update its alcoholic beverage regulations with respect to nudity. Page 1 of 3 tU)-21-2001 12: 01 407 425 9595 94% P.02 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407425 9596; Nov-21-0111:52AM; Page 3 2. A majority of Winter Springs voters previously approved (73.45% for) a non-binding referendum for the City Commission to adopt regulations prohibiting the combination of nudity and alcohol at licensed beverage establishments. 3. The City of Casselberry and Seminole County have recently adupted n;gulations similar to Ordinance 2001-59 making Winter Springs the only Seminole County City and City in the near vicinity to allow the combination of alcohol and nudity at licensed beverage cstablislunent:i . Altamonte Springs No Cassel berry No .- Lake Mary No Longwood No Maitland (Orange Co.) No Oviedo No Sanford No Winter Park (Orange Co.) No Winter Springs Yes Seminole County No Orange County No 4 Police and fire rescue statistics from the City of Casselberry between 01101/97 and 6/30/9& rellecting a higher number of police and fire calls at adult entertainment dubs Lhat permitted nudity and alcohol versus licensed beverage establishments that do not allow nudity. During this time period, nudity was still permitted at adult clubs in Casselberry. Experiences of other cities is legally relevant in adopting alcoh(1l/nudity regulotions. 5. The City ofCasselbelTY's alcohol/nudity regulations are currently being challenged by Club Juana which is located on S.R. 17-92. This case could bave a significant impact on the City's ability to regulate alcohol/nudity. FISCAL IMPACT: None Pag(; 2 of 3 NDU-21-2001 12:01 407 425 9596 93% P.B3 Sent ~y: BROWN,WARD,SALZMAN&WEISS,P.A.; 407425 9596; Nov.21.0111:52AM; Page 4 8T AFF RECOMMENDATION: The City Attorney and City Managerrecommend that the Cily Commi:;s1on pa'-ls Ordinance 2001-59 on first reading and schedule second reading and final adoption on December 10. 2001, or as soon thereafter as possible. A TT ACHMRNT: (I) Ordinanct: 2001-59; (2) Casselberry Police and Fire Statistics 01101/97-06/30/98; and (3) Index of Studies (studies available at City Clerk's Office). COMMISSION ACTION: f.\OOCS\Ciry of Winter SpringS\Agrnda\Nudity.wptl Page 3 of 3 ,'10l)-21-2881 12:81 487 425 9596 '33% P.84 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-21-0111:52AM; Page 5 ORDINANCE NO. 2001-59 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING CITY CODE SECTION 3-]0, MAKING IT UNLAWFUL WITHIN THE CITY OF WINTER SPRINGS FOR ANY MANAGER. OFFICER, AGENT, SERVANT, EMPLOYEE, CONTRACTOR, PERSON IN CHARGE, CUSTOMER, OR INVITEE OF ANY PREMISES OR BOTTLE CLUB LICENSED UNDER THE LAWS OF FLORIDA TO SELL OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES TO KJ.","OWINGL Y, INTENTIONALLY, OR RECKLESSLY EXHIBIT, SUFFER, ALLOW, PERMIT, ENGAGE IN, P ARTICIP ATE IN, OR BE CONNECTED WITH NUDITY UPON THE LICENSED PREMISES; PROVIDING DEFINITIONS FOR THE TERMS "BREAST", "BUTTOCKS", "PERSON", AND "NUDITY" OR "NUDE" ',,"HICH SHALL HAVE THE SAME MEANINGS AS THOSE TERMS ARE ALSO DEFINED IN SECTION 3 OF THE PUBLIC DECENCY ORDINANCE OF SEMINOLE COUNTY, FLORIDA; PROVIDING LIMITED EXCEPTIONS STATED HEREIN; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATK WHEREAS, the City Commission of the City of Winter Springs, Florida. called and scheduled a referendum dection that was held concurrent with the general election on the 2nd day of November. 1999; and WHEREAS, the referendum election presented the following non-binding question to the electorate of the City of Winter Springs, Florida; Shall the City of Winter Springs enact legislation that prohibits a person from publicly appearing nude in any establishment that is licensed by the State of Florida to pemlit the sale, service, or consumption of alcoholic beverages? Yes No WHEREAS, thc electors of Winter Springs had an opportunity to east their vote on the aforementioned question at the bullot box and hy absentee ballot; and (;;l)' ilfWinl~ S~rings ()nJinan~" No. 200 I-59 I'ogc I of R 1-101,)-21-2001 12: 01 407 425 9596 93% P.05 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-21-0111:53AMj Page 6 WHEREAS, the Seminole County Canvassing Board has certified the clectionresults on the aforementioned question to the City of Winter Springs; and WHEREAS, City Commission of the City of Winter Springs has affirmed and approved the certilied results on the aforementioned question for the City of Winter Springs; and \VHRREAS, the certified election result,; indicate that 1,751 voters (73.45%) voted "yes" to enacting legislation prohibiting a person from publicly llPpeuring nude in any establisluncnt that is licensed by the State of Florida to permit the sale, service, or consumption of alcoholic beverages, which 633 (26.55%) voted "no" to enacting such legislation; and WHEREAS, the City Commission of the City orWinter Springs, Florida, finds and declares that the certified election re,c;ults of the arorementioncd referendum establish a community standard within the City of Winter Springs that prohibits a person from publicly appearing nude in any establishment that is licensed by the State of Florida. to permit the sale, service, or consumption of alcoholic beverage on the licensed premises; and WHEREAS, the City Commission of the City of Winter Springs, Florida, desires to ena~1 legislation that coditles this community standard into the City of Winter Springs Code of Ordinances; and WHEREAS, the City Commission has reviewed and considered, among other evidence and information, the following studies: Alcoho/llnd Human Sexuality: Review lJnd lnlegrat;on, Lei!' C. Crowe and William H. George, Psycholo(!:ical Bulletin, 1989; Alcohol and Hypermasculinity as Determinants of Men's Empathic Responses tu Vio!enl Pornography, Jeanette Norris, William H. George, Kelly Cue Davis, Joel MarteJI, R. Jacob Leonesio; Journal of Int'I Violence, 19t}l); Alcohul Expeclwlcie.\' and Sexualily: A Self-Fulfilling Prophecy, Analysis of Dyadic Perceptions and Behavior, William H. George, Ph.D. and Susan A. Stoner, B.A., Jeanette Norris, Ph.D., Peter A. Lopez, Ph.D. and Gail L. Lehman, 'Ph.D., Journal of Srudies on Alcohol, 1998; The Effect of Alcohol and Anger on Interest in Violence, Erotica & Deviance, William H. George and G. Alan Marlatt, Journal of Abnormal Psychologv, 1986; Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, State of MilUlesota, ] 989; City Ilf Winler Spring,.! O"lil1am'c Nu. 2001-~9 PI1~C 2 llr ~ NOV-21-2001 12:01 407 425 '3596 '33% P.06 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j NOV-21-0111:53AMj Page 7 Perception a/Pos/drinking Female Sexuality: tffects o{Gender, Bew;rage Choice. and Drink Payment, William H. George, Susan J. Goumic, and Marry P. McAfee, Journal of Appli~d Social Psychology, 1988; Postdrinking Sexualiriferences: Evidence afLinear Rather than Curvilinear Dosage Effects, William H. Geurge, Gail L. Leluna.ll, Kelly L. Cue, Lorraine J. Martinez, Peter A. topez, and Jeanette Norris, Journal of Applied Social Psvchology, 1997; Self Reported Alcohol Expectancies and Pas/drinking Sexual Inferences Abou/ Women. William II. George, Kelly L. Cue, Peter A. Lopez, Lief C. Crowe, and Jeanette Norris, Journal of Applied Social Psycholol2.'Y, 1995~ Self Reported Alcohol Expectancies.for Self and Other as a Functiol! o.flJehavior Type and Dosage Set; William H. George and Kurt H. Dermen, J oUInal ofS ubstance Abuse. 1988; WHEREAS: the City Commission has also reviewed and considered the studies, reports, case law, and statistics present~d to the City Commission on September 24,2001, as Informational Agenda Item E; and WHEREAS, based on the foregoing, the City Commission of the City of Winter Springs, Florida, also finds and declares that nudity, coupled with alcohol in public places, encourages lUldesirable behavior and is not in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs: and WHEREAS, the City Conunission of the City of Winter Springs, Florida, has chosen to avoid the disturbances associated with mixing alcohol and nudity by means of a reasonable restriction upon any premises or bottle club licensed under the laws of Florida to sell Of allow the consumption of alcoholic beverages on the licensed premises; and WHEREAS, pursuant to Section 562.45, Florida Statutes (200t) and Article VIII, Scction 2 ofthc Florida Constitution, the City of Winter Springs has the power and right to enact ordinances regulating the type of entertainment and condul't permitted in any establishment licensed by the State of Florida to sell alcoholic beverages for consumption on the licenscd prcmises or any bottle dub whjch is located within the City of Winter Springs, see City of Miami Springs v. J..1.1.. Inc., 437 SO.2d 200 (Fla. 3 rd DCA 1983); Board of County Commissioners of Lee Counn-' v. DexterhOll<;e, 34R So.2d 916 (Fla. 2d DCA 1977), affirmed 364 So.2d 449, appeal dismissed 441 U.S. 918 (1979); and WHF.RRAS: a.... of the effective date of the Seminole County Puhlic Decency Ordinance, that Ordinance has been applicable county-wide (including within the City of Winter Springs) and is generally intended to prohibit a person from intentionally or recklessly appearing or being nude or CiL)' of Winter Spring.~ Ordinance No. 2001.~9 ~:II3e 3 of R NDU-21-2001 12:01 407 425 95% 94;-; P.07 Sent By: 8ROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-21-01 11 :53AM; Page 8 causing another person to appear or be nude in a public place and in othcr places which may reasonably be expected to be observed by the puhlic within Seminole County; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby tinds and declares that this Ordinance is in addition and ~upplemental to the Scminole Cotmty Public Decency Ordinance and the City ofWintcr Springs Adult Entertainment Code and that this Ordinance in no way whatsoever is intended to conflict and is intended to be in harmony with the Seminole COUllty Public Decency Ordinance and the City of Winter Springs Adlllt Entertainment Code; and WHEREAS, with respect to bona fide live communications, demonstrations, or performances ("Perfonnances") c.onLaining nudity and falling within the exemption under lhe Seminole COlmly Public Decency Ordinance, it is the legislative intent of the City Commission that this Ordinance can be hannonized with the Public Decency Ordinance a.nd to that end, said PerfOlmances are prohibited at licensed beverage cstablishments and pcrmitted at non-licensed beverage establishments located within the City of Winter Springs; and WHEREAS, the City Commission of the City of Winter Springs, Florida, finds and declares that this Ordinance shall not be construed as opting the City of Winter Springs out of the St:minul~ County Public Decency Ordinance; and WHEREAS, this Ordinance is a general ordinance regulating COmlul:l ami is nol an ordinance that alTects the use of land as contemplated by Section 166.041, Florida Statutes (200 1); and WHEREAS, the City Commission of the City of Winter Springs, Florida. finds that this Ordinance is supported by federal and state case law, see e.g., California v. La Rue, 409 u.s. 109 (1972); 44 Liquorman, Inc. v. Rhode Island, _ U.S. _,116 S.Ct. 1495 (1996); SammY's of Mobile. Ltd. v. Citv of Mobile, 140 FJd 993 (lIth Cir. 1998); City of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985); and WHEREAS. the City Conunission of the City of Winter Springs deems that this Ordinance is in the best interests of the public health, safety, welfare, and morals of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, THE CITY OF WINTER SPRlNGS ORDAINS AS FOLLOWS: Section 1. Sec. 3-10 Adopted. l11e City Commission of the CiLy of Winter Springs, Florida, hereby adopts a new Section 3-10 of the Winter Springs Code of Ordinanccs, to fully read as follows: City of Winter .'Sprin~< Ordinance No. 2001-5(,) rage 4 of 8 t.lOU-21-2001 12:01 407 425 9596 "94}; P.08 Sent By: BRQWH,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-21-01 11 :54AM; Page 9 CHAPTER 3 AT,COHOLlC BEVERAGES SEe. 3-10 Nudity Prohibited Upon Alcohol Licensed Premises and Bottle Clubs. (a) Definitions. When used in this section the following tcrms shall have the following meanings which are intended to have the same meanings as those same terms are defined in Section 3 of the Public Decency Ordinance of Seminole County, Florida, as follows: (1) "Breast" shall mean a portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the arcola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such olltside area is: (i) reasonably compact and contiguous to the areola, and (ii) contains at least the nipple and the arcola and 1/4 of the outside surface area of such gland. (2) "Buttocks" shall mean (for a Sh011 general description see the last sentence of this subsection) the area at the rear ol'the human body (sometimes referred to as the gluteus maximus) which lics between two imaginary straight lines funning parallel to the ground when a person is standing, the first or top of such line being Y2 inch below the top of the vertical cleavage ofthe nates (i.e., lhe prominence formed by the muscles running from the baek of the hip lo the back of the leg) and the second (Jr bullum ur ~uch line being 12 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two imaginary straight lines, one un eaeh sid!:: of thl:: body (lhl:: "ouLsidl:: lines"), which outside lines arc perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost poinl(s) at which each nate meets the other side of ~ach leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae lalae muscle or uny of the above-describcd portion of the h\U11an body that is between eithcr: (i) the left inside perpendicular line and the left outside perpendicular line, or (ii) the right inside perpendicular line and the right outside perpendicular line. For the purpose ofthc previous sentence the left inside perpendicular line shall be an imaginary straight line of the left side of the anus: (i) that is perpendicular to the ground and to the horizontal lines described above, and (ii) that is 1/3 of lhe distance fTom the anus Lo the;: Idl oUlside;: lint:; and th~ right inside perpendicular line shall be an imaginary straight line 011 the right sid~ of the anus: (i) that is perpendicular to the ground and to the horizontal lines described above, and (ii) that is 1/3 of the distance from the anus to the right outside line. (The Cily IIf Winlcr ~I"rin!:' O.Jinuncc No. 2001-5? I-'pge 5 of X tJOI)-21-2001 12: 01 407 425 95'35 94% P.09 Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596; Nov-21-0111:54AMj Page 10/20 above description can generally be described as covering 1/3 of the bUllocks centered over the cleavage for the lenb'1h of the cleavage). (3) "N udity" or "Nude" shall be used interchangubly and shull mean any person insufficiently clothed in any manner so.that any of the following body parts are not entirely covered with a fully opaque covering: 1. the male or female genitals, or 11. the pubic area, or 111. the vulv~ or lV. the penis. or v. the female breast (each temale person may detennine which 1/4 of her breast surface area (see definition of breast) contiguous to and containing the nipple and the areola is to be covered), or VI. the anus, or vii. the anal cleft, or viii. the anal cleavage, or lX. the huttocks. Attire which is insufficient to comply \,,'ith this requirement includes, but is nollimited to, G-strings, T -backs, dental floss and thongs. For purposes of this subsection (3), body paint, body dycs, tattoos, liquid latex whether wet or dried, string and dental Doss and other substances shall not be considered "opaque covering". (4) "Person" shall mean any Jive human being aged ten (10) years of age or older. (b) Prohibition. It shall be unlawful within the City of Winter Springs for any manager, officer. agent, servant, employee, contractor, person in charge, customer, or invitee of any premises or bottle club licensed under the laws of the State of Florida to sell or allow the consumption of alcoholic beverages to knowingly, intentionally, or recklessly exhibit, suffer, allow, permit, engage in, participate in, or be connected with nudity upon the licensed premises. The combination of nudity and alcoholic City (If Winter Springs Ordinance Nn. 2001-SV Pasc 6 or H t-lQ\)-21-2001 12: 01 487 425 9596 94% P.18 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407425 9596; Nov-21-0111:54AMj Page 11/20 beverages at any pr~mises or boule club licensed under the laws at" the State of Florida to allow the sale or consumption of alcoholic beverages within the City of Winter Springs is herehy strictly prohibited. (c) Exceptions. It is not a violation of this section for any person to engage in the ordinary an customary bona fide use of an enclosed single sex public restroom, enclosed single sex functional shower, or enclosed single sex locker and/or dressing room facilities. It is also not a violation of this section for a mother to breast feed her baby. Cd) Enforcement and Pena/tie.'). Any person violating any of the provisions of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed Five Hundred Elnd Noll no Dollars ($500.00) or by imprisonment in the COWlty jail not to exceed sixty (60) days or by both such tine and imprisonment as provided in Sectj()O 162.22, Plorida Statutes (2001), as may be amended Jrom Lime to time. Each incident or separate occurrence of any act that violates this section shall be deemed !l separate offense. In addition to the penalties provided under this section, violators nfthis section shall he suhject to any other appropriate civil or criminal action provided by law in a court of competent jurisdiction. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hcrchy repealed 10 the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any seclion or paragraph number or letter and any heading may he changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section. subsection, sentem:e, clause. phrase, word or provision of this ord.inance is for any reason held invalid or wlconstitulional by any court of competent jurisdiction, whether for tlubstantive, procedural, or any other reason, such portion shall he deemed n sepnrate, distinct and independent provision, and such holding shall not affect th~ validity of the rt.'1TIaining portions of this ordinance. Section 5. Effective Date. Thi5 Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winh.." Springs, Florida. City nf Winter Springs Ordlnsncc No. 200 '.59 Page 7 of 8 NOU-21-2001 12:01 407 425 9596 94% P.11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-21-0111:55AM; Page 12/20 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the __ day of __~ ' 2001. ATTEST; ANDREA LORENZO-LUACES City Clerk Appro\'cd as to legal form and sufficiency for the City of Winter Springs only Anthony A. G~rgaDese, City Attorney First Reading: Second Reading: Effective Date: PAUL P. PARTYKA Mayor f:\dC>C8\Cily uf Wintc:r !ipri,,/;~It'd\lll cntcllllirul1CIll\.<\Jcuh\!1 & Nudity (lrdinunce 11-21-01 City of Winter Sprjn~~ (lrdintloc.: No. 2001.~9 Pl1\:c II of 8 ;'10\)-21-2001 12: 01 407 425 95'36 94% P.12 I I Casselberry Fire Rescue Responses between 01/01/97and 06/30/98 I I Occupancy. Number of load Responses o C\J -- (') <I.l 0' (lj lL Business Name Response . Period (months) : 01101197 - 06130/90 21 1tl 3 18 5 18 3 18 2 18 3 18 9 15 :;;; <t l{) l{) o CabcHel Casselberry's Club Juana Green Parrol Heckle and Jeckles Sllf;r>~nders Rachels 227' 110 383 176: I 1901 127; I 275: C\J > o z <0 m l{) m ResponselDay Comparison l{) C\J ~ I'- o ~ 0.01.5 0.04 Q.035 003 lL025 0.02 'j ::rir:U?i':':~:'1~::::i{~ ~.:., .." .~"';~'.~ :f/;\~:l:~:'~:;/s;i~~i . ". .. ....~._- ;;....:>~.;,.(;!:; '" '. , --- - ~; ;~.. .'. :..' .---- . . - -_._.~~~..~.... . . __0"-.'._- ~__..- , .. --.-.------- . <t noli'!; 001 ! 0005 ! d o L._ lL en en H w 3; <<:l Z <t :;;; N .-l <t en ,,=: .... ""', l'l> d" " q'" ('. ~~. ,~. " ....~ "/0' )~ ,~ c. ~ "," ,.'l 1/>'-' ].,'S .;' ,0 ,,<'t ~~. ,'" 1:>'" "'(:- ~<:i s~ .<~ ,J" c...((" ..,' 0'1j 't- - o cr: <( 3; Busines~ z :?: o cr: ill .,.. A-J.u..lr~~I~C'"h.1 >-. ill +-' C <I.l en Page 1 M ...... Q Response Period (days). Responses per day 540 O.031:lB8R9 540 0.0055556 ~ -g 540 00092593 m 540 0.0055556 540 0,0037037 540 0.005555G 540 0.0166667 toO m If) m If) N -g r--- (S) -g "f:t~ ql.i eSe/il'>\ X- ...... (S) (\J ...... ...... (S) (S) N I .... (\J l. Q L 0 (\I '<t ~ ... Q) a. rn (t) Q Casselberry Fire Rescue Responses between 01/01/97 and 06/30/98 Business Narlle Occupancy Operating Hours Number of Response Response Response Responses ::;:;: Load (per day) Responses Period (monlhs) Period (days) Period (hours) per hour <t l{') 01/01197 10 06130/98 l{') Cabaret 227 15 21 18 540 8100 0.0025926 Casselbeuy's 110' 20 3 18 540 10800 0.0002778 x ~ 0 Clutl Juana 383 14,5 5 18 540 7830 0.0006386 (T\ C\I Green Parrot 176 15 3 18 540 8100 0,00037041 > Heckle and Jeckles 190 15 2 18 540 8100 0.0002469 0 z Suspenders 127 15 3 18 540 8100' 0.0003704 Retchels 275 14.5 9 18 540 7830 0.0011494 I i <0 01 l{') 01 l{') C\I '<t r-- o '<t Response/Hour Comparison <t 0003 0,0025 r 0.002 ~ VI c 00015 0 a. .... 0,001 Ol> a: 00005 0 '-{ :""'. Ul (T\ lJ) (T\ lJ) f\I ~ ['- (Sl ~ . .' . . ' . -.-----:..-~._.l"'...~.,_..._ . .. , ._-~..--...-- -----"..-- .' ..-.----. - (f) (f) H W 3: oil Z <t ::;:;: N ..J <t (f) o a: <t 3: --.-~-.~,~~.~..Ji&ttf ~:J~_,_~~ Q \,,-;. Q'O c...1' .s .J-f ~ Co> '>' 0'1> 'b 'l" )~ ') rf ~ t} " Q'i' 0'" ,9',' (. ,l' '1'! ,OJ'" n' .,F .~~ ~"-~ ,"=> o~ ",t:' ;:,"~ c~ i~ ~. <iif-' III Selies I ... (Sl ('IJ ... .rc ~ z 3: o a: co ! fot. A-dv.1 t eY. ~ ! N/./ ~Y\.--f-- (k.. b.5 Business ... (Sl Gl ('IJ I ... ("IJ I -... 9 ..:.. .. >" co ~ C Q) (f) Page 1 . ST'd %176 96S6 Set:' ,-0t:' Casselberry PoDce C aIls Calls for Service Excluding Parking Citation, Uniform Traffic Citations and Traffic Stops Rachel's Club Juana Cabaret Bennigans Green Parrot Suspenders 138 30 400 16 48 10 400 350 300 250 200 150 JDQ 50 o -'" 1i u ~ !:!! ~ of! ~ '" ill ~ it a; .~' iij '0 ..:; "'i;; 0.. c: (.,) C OJ .t:J co 0- => IlJ OJ '" '3 ell ~ :> <Jl Y" (:J ~ -~'-"'-'------ ,.._..M., .. "- ,~. . Jf. O(:!S~ a6~d Page , 10 :e1 100e-1e-(lOt.~ 01/01/97 through 06/30/.- ~ ~WS S: ~ ~ ~ O. ~ (: - AO N ~96S6 S(:t> LOt> ~ ''<1'd'SSI3M'8N'<1~'VZl'<1S'aCJ'<1M'NM01::l8 :};8 :).uas Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596j Nov-21-01 11:56AMj Page 16/20 September 24,2001 City of \Vinter Springs City Commission Legislative Record Adult Entertainment, Sexually Oriented Businesses, and The Effects of Alcohol Description Index Number Case Law Barnes \I. Glen Thealre, Inc.. 50 I U.S. 560, III S.Ct. 2456 1. Section 162.22, Florida Statutes Case Law Cafe 207, Inc. v. St.Johns County, 856 F. Supp 641 2. (M.D. Fla. 1994) Case Law City of Remon v. Playtime Theatres. Inc., 475 U.S. 41, 3. 106 $.Ct. 925Chaprer 796, Florida Statutes Case Law N. W. Enterprises. Inc. v. City of HOllSlon. 27 F.Supp. 2d 754 4. Case Law Ward v. COllnty of Orange, 217 F. 3 d 1350 5. Case Law Young \.o~ American Mini Theatres. Inc., 427 U.S.50, 6. 96 S Ct. 2440 Case Law City of Erie, et aI, v. PAP 'S A.M tdba "Kanciyland", 7. 529 U.S. 277, 120 S.Cr. (382) Chelsea, NY Chelsea, New York - An Assessment of the Economic Impact 8. of XXX-Rated Video Stores in Chelsea Findings of Fact Daytona Beach, Florida - Findings of Fact 9. Findings of Fact Findings of Fact: Other Cities 10. Findings of Fact Findings of Fact; Palm Beach County, Florida 11. Findings of Fact Findings of Fact: Minnesota Attorney General 12. ~.jOt)-21-2001 12: 01 407 425 9596 94% P.16 Sent B.y: BROWN,WARD,SALZMAN&WEISS,P.A. j 407 425 9596j Nov-21 -01 11 :56AMj Page 17i20 Description Index Number rindings offa~l Findings of Face: Austin, Texas 13. Findings of Fact Findings of Fact: Los Angeles, California 14. Findings of Fact Findings of Fact: St. Paul, Minnesota 15. Case Law Sammy'sofMobile v. City of Mobile , 140 F. 3d 993 16. (11 th Cir. 1998) Case Law City of Daytona Beach v. Del Percio 476 So. 2d 197 17. (Fla. 1985) Garden Grove, CA Garden Grove, California - The Relationship Between Crime 18. and Adult Business Operations on Garden Grove Blvd. Houston, TX Sexually Oriented Business Ordinance Revision Committee 19. Legislative Report Houston, Texas City Council Indianapolis, rN Adult Entertainment Business in Indianapolis 20. Indianapolis, fN findings of Fact: Indianapolis, Indiana 21. lslip, NY T own of lslip - Study and Recommendations for Adult 22. Entertainment Businesses Los Angeles, CA Study of the Effects of the Concentration of Adult 23. Entertainment Establislunents in the City of Los Angeles Macon, GA Findings of Fact: Macon, Georgia 24. MiMesota An Analysis of [he Relationship Between Adult Entertainment 25 Establishments, Crime, and Housing Values - Summary Report Minneso[a An Analysis of the Relationship Between Adult Entertainment 26. Establishments, Crime. and Housing Values - Complete Report Miscellaneous Escort Service - Orange Coun[y Sheriff 27. tIOt)-21-2001 12: 01 407 425 9596 94% P.17 Sent ~y: BROWN,WARD,SALZMAN&WEISS,P.A. j 407 425 9596j Nov-21 -01 11 :56AMj Page 18/20 Description Index Number Miscellaneous Body Scrub Allidavit -- Metropolitan Bureau of [nvestigatinn, Affidavit Prosecutive Summary City of Casselberry - cern investigation of organized and ongoing vice and illegal drug activities at Rachel's Men's Club -- Composite Affidavit of Arrest Records and Search Warrants from Witnesses 28. Mi scellaneous 29. Miscellaneous City of Casselberry - Findings of Fact and Conclusions of law 30. re: Revocation of Rachel's Adult Entertainment License Miscellaneous Escort Advertising 31. Miscellaneous Escort Affidavit - Metropolitan Bureau of Investigation, 32. AlIidavit Prosecutive Summary l'vliscellaneous Lewdness and Assignation, Nero's Cabaret, Special 33. Investigations Bureau Miscellaneous New York Magazine Article regarding Escort Business 34. Miscellaneous Newsweek Magazine Article and Various Articles 35. l\l[iscellaneous Sexual Performance Affidavit - Nffir 36. Miscellaneous Tht: Criminal Behavior of Nude Businesses 37. New York. NY City of New York - Adult Entertainment Study 38. New York, NY Report on the Secondary Effects of the Concentration of Adult 39. Use Establishments in the Times Square Area Times Square Business Improvement District - 1994 Ordinance City of Casselberry Adult Entertainment Ordinance 40. Ordinance Houston, Texas - Adult Entertainment Ordinance 41. Ordinance Seminole County, fL Adult Entertainment Ordinance 42. -, tIQl)-21-2001 12: 01 407 425 9596 94% P.1S Sent. ~y: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-21-0111:56AM; Page 19i20 Description Index Number Semin()l~ County, FL Adult Entertainment Centers - State Road 17-92 Southern Gateway, Seminole County, FL 43. Seminole County, FL Casselberry - Order Denying Rachel's Motion for Temporal)' Injunction; Order Denying Rachel's Petition for Writ of Certiorari 44 Statutes Chapter 800, Florida Statutes (Lewdness; Indecent Exposure) 45. Statutes Chapter 480, Florida Statutes (Massage Practice) 46. Statutes Chapter 847, Florida Statutes (Obscene Literature; Profanity) 47. Statutes Chapter 794, Florida Slatules (Sexual Battery) 48. Statutes Chapter 826, Florida Statutes (Bigamy; Incest) 49. Statutes Chapter 796, Florida Statutes (prostitution) 50. Statutes ::iection 847.0133, Florida Statutes (Protection of Minors) 51. Statutes Section 847.013, Florida Sla/utes (Exposing rvlinors) 52. Study Alcohol Expectancy Set and Dyadic Interest in Erotica: A Test of Deviance Disavowal 53. Study Alcohol Expectancies and Sexuality: A Self-Fulfilling Prophecy 54. Study Alcohol and Hypermasculinity as Determinants of Men's Empathic Responses to Violent Pornography Alcohol and Human Sexuality: Review and lntegration State University of New York at Buffalo Perceptions of Postdrinking Female Sexuality: Effects of Gender, Beverage Choice, and Drink Payment Journal of Applied Social Psychology 55. Study 56. Study 57. tD,I-21-2001 12: 01 407 425 9596 94% P.19 Sent.B,y: BROWN,WAAD,SALZMAN&V.JEISS,P.A. j 407 425 9596; Nov. 21 -01 11: 57AM; Page 20/20 Description Index Number Study Postdrinking Sexual Inferences: Evidence for Linear Ralher Than Curvilinear Dosage Etfects Journal of Applied Social Psychnlngy Self-Reported Alcohol Expectancies for Self and Other as a Function of Behavior Type and Dosage Set State University of New York at Buffalo 58. Sludy 59 St\.lJy Self-Reported AJcohol Expectancies and Postdrinking 60. Sexual Inferences About Women - Journal of Applied Social Psychology Sludy Social Behavior and Personality - an international/ouma' 61. State University of New York at Buffalo Study The Effects of Alcohol and Anger on Interest in Violence, 62. Erotica, and Deviance Slate University of New York at Buffalo and University of Washington Study Protecting Communities from Sexually Oriented 63. Businesses Len L. Munsil Study Report to: The American Center for Law and Justice on 64. the Secundary fmpacts of Sex Oriented Businesses _ Peter R Hecht, Ph.D. QJhcr Pu~licatjom final Report of the Attorney General':i Commission on Pornography. 2. Gerard, Local R~gu[atjon of Adult Businesses, 2001 Edition. F' ()(:<:...c~ et '"vil\t.:t !ipnniSI,..,.1tdf Enle'l'UoJ\m"','I!'!uUl.l~ ....V<J NOV-21-2001 12:01 407 425 9596 94% P.20