HomeMy WebLinkAbout2003 12 08 Public Hearings 405 First Reading - Ordinance 2003-41 Amending Chapter 10, Article III
COMMISSION AGENDA
ITEM 405
Consent
Informational
Public Hearing X
Regular
December 8. 2003
Meeting
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Dept.
REQUEST: The City Attorney requests that the City Commission approve on First Reading
Ordinance No. 2003-41, amending Chapter 10, Article ill, Adult Entertainment Establishments,
related to adult entertainment establishments and sexually oriented businesses and more specifically
regarding legislative findings, licensing, conduct regulations, and penalties.
PURPOSE:
The purpose of Ordinance 2003-41 is to update and enhance the City's Adult Entertainment
regulations, which have not been amended since 1995, consistent with case law which has been
decided since 1995 and with public policy adopted by surrounding municipalities and Seminole
County since 1995.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. The numerous legislative findings, studies, source material, and case law cited in Ordinance
No. 2003-41 and index attached.
3. Other current case law not specifically referenced in the index.
Page 1 of 3
4. City of Winter Springs Comprehensive Plan, Future Land Use, Sections 1.5.10 and 1.5.11
state:
Policy 1.5.10: As implemented through the adoption of the City's land development
regulations, lands designated "Industrial" on the Future Land Use Map shall
also serve as an area to locate authorized land uses and activities which could
have adverse secondary effects (e.g. increased crime; neighborhood
deterioration and blight; property devaluation; economic deterioration; health
risks; and other adverse effects) on residential areas, religious institutions,
schools, parks, day care centers, and other public institutions located within
the City.
Policy 1.5.11: Adult entertainment establishments and sexually oriented businesses shall be
strictly limited to lands designated "Industrial" on the Future Land Use Map.
The City Commission may adopt joint planning agreements with Seminole
County and other neighboring cities to jointly coordinate the location of adult
entertainment establishments and sexually oriented businesses.
CONSIDERATIONS:
1. The City Attorney has conducted a routine review of the City's Adult Entertainment Code
in light of case law since the Code was last amended in 1995 and in light of public policy
decisions of surrounding municipalities and Seminole County since 1995.
2. Based on case law since 1995, and recent experiences of other cities and counties in the
surrounding area, including the City of Casselberry and Seminole County, the City Attorney
is recommending, at this time, amendments to the legislative findings of fact, licensing,
conduct regulations, and penalty provisions of the Adult Entertainment Code.
3. The amendments are necessary to increase the likelihood that such provisions are declared
constitutional by a court should the ordinance be challenged.
4. The amendments are more comprehensive than the current City Code and also make the
City's adult entertainment and sexually oriented business regulations more consistent with
similar regulations of neighboring communities, like the City of Casselberry and Seminole
County.
5. In order to supplement the legislative findings of facts used to justify the adoption of the
City's Adult Entertainment Code, Chapter 10, Article ill, the City Attorney has provided
copies of the various studies, case law, and other source material regarding the adverse
secondary effects of adult entertainment establishments and sexually oriented businesses to
the City Commission through the City Clerk's office. An index ofthe studies, case law, and
Page 2 of 3
source material is attached to this agenda item. The City Commission should review this
material at the City Clerk's office prior to final reading and adoption of Ordinance No. 2003-
41.
6. Ordinance No. 2003-41 does not amend the zoning and locational regulations for adult
entertainment establishments. Such establishments are required by Chapter 10, Article III,
and Section 20-259 of the City Code and the City's Comprehensive Plan, to locate and
operate in industrial areas ofthe City and are also subject to a 750 foot distance requirement
from residential areas, schools, churches, public parks and recreational areas.
STAFF RECOMMENDATION:
The City Attorney recommends that Ordinance No. 2003-41 be approved on First Reading and that
this Ordinance be advertised for two additional public hearings.
ATTACHMENTS:
1. Ordinance No. 2003-41.
2. Index of Studies, Source Materials, and Case Law.
3. Incorporated herein by this reference are all the studies, source materials, and case law on file
in the City Clerk's office.
COMMISSION ACTION:
The City Commission last adopted adult entertainment regulations in 1995.
Page 3 of 3
ORDINANCE NO. 2003-41
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA AMENDING CHAPTERI0,ARTICLEIII,OFTHE
WINTER SPRINGS CITY CODE PERTAINING TO
SEXUALL Y ORIENTED BUSINESSES AND ADUL T
ENTERTAINMENT ESTABLISHMENTS, AND RELATED
MATTERS; PROVIDING FOR A SHORT TITLE;
PROVIDING FOR LEGISLATIVE PURPOSES, FINDINGS
AND INTENT; PROVIDING FOR CONSTRUCTION OF THE
ORDINANCE; RECOGNIZING OBSCENITY AS
UNLAWFUL; PROVIDING FOR DEFINITIONS; PROVIDING
FOR NOTICE; PROVIDING FOR PENAL TIES, REMEDIES
AND RELIEF; PROVIDING FOR AND REQUIRING
LICENSES; PROVIDING FOR LICENSEE APPLICATIONS
AND FEES; PROVIDING FOR CLASSIFICATION OF
LICENSES; PROVIDING FOR APPROV AL AND DENIAL OF
LICENSE APPLICATIONS; PROVIDING FOR CONTINUING
DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR
INVESTIGATIONS; PROVIDING FOR REAPP~ICATION;
PROVIDING FOR TIME PERIODS FOR NOTICES,
SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING
FOR RESPONSIBILITIES OF CITY AND GOVERNMENT
OFFICIALS AND DEPARTMENTS; PROVIDING FOR
EXPIRATION, LAPSE, CONTINUATION, TERMS,
SUSPENSION, REVOCATION AND ENFORCEMENT OF
LICENSES; PROHIBITING THE TRANSFER OF LICENSES;
PROVIDING FOR ESTABLISHMENT NAME CHANGES;
PROVIDING FOR LICENSE SUSPENSION AND
REVOCATION PROCEDURES AND PROCEEDINGS;
PROVIDING FOR APPEALS; PROVIDING FOR WORKER
RECORDS, CUSTOMER CONTRACTS AND DAILY
REGISTERS AND INSPECTIONS THEREOF; PROVIDING
FOR DUTIES AND OBLIGATIONS; PROVIDING FOR
PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY
EST ABLISHMENTS AND BUSINESSES, WORKERS,
OPERATORS, AND CUSTOMERS; PROVIDING FOR
GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS,
REQUIRED ACTS AND PROHIBITIONS; PROVIDING FOR
LICENSEE CONSENT; PROVIDING FOR SPECIFIC
City of Winter Springs
Ordinance No. 2003-41
Page 1 of 63
PROVISIONS RELATING TO VARIOUS CATEGORIES OF
LICENSEES; PROVIDING REGULATIONS FOR SEXUALLY
ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR
ADUL T BOOK STORES/ADULT VIDEO STORES;
PROVIDING REGULATIONS FOR ADULT THEATERS;
PROVIDING REGULATIONS FORADUL T PERFORMANCE
ESTABLISHMENTS; PROVIDING REGULATIONS FOR
COMMERCIAL BODILY CONTACT ESTABLISHMENTS;
PROVIDING REGULATIONS FOR ESCORTS AND ESCORT
SERVICE PROVIDERS; PROVIDING REGULATIONS FOR
ADUL T MODELING OR DISPLAY ESTABLISHMENTS;
PROVIDING REGULATIONS FOR ADULT MODELS;
PROVIDING REGULATIONS FOR PROHIBITED ACTS BY
CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY
WORKERS AND OPERATORS; PROVIDING FOR RECORDS
AND REPORTS; PROVIDING OPERATIONAL
REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR
USE OF RESTROOMS AND DRESSING ROOMS;
PROVIDING FOR THE PROTECTION OF MINORS;
PROVIDING FOR HOURS OF OPERATION; PROHIBITING
SEXUAL ENCOUNTER BUSINESSES; PROVIDING
IMMUNITY FROM PROSECUTION FOR CERT AIN
GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT
ADUL T ENTERT AINMENT EST ABLISHMENTS AND
SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED
IN INDUSTRIAL AREAS SUBJECT TO DISTANCE
REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS,
CHURCHES, AND PARKS AND RECREATIONAL AREAS;
PROVIDING FOR REPEAL, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the activities of certain commercial enterprises, that are appropriately included
within the definition of the term "adult entertainment establishment" or "sexually oriented business,"
have resulted in the necessity for additional Code provisions regulating adult entertainment
establishment and sexually oriented business activities and the activities of other similar businesses;
and
WHEREAS, failure of the City to ensure that adult entertainment activities and sexually
oriented businesses are appropriately regulated would adversely impact the City insomuch as the City
is a local government jurisdiction that is very family oriented and encourages economic and tourism
development that focuses on and derives its economic growth as a result offamily oriented activities
and events; and
City of Winter Springs
Ordinance No. 2003-41
Page 2 of 63
WHEREAS, the City Commission desires to protect and preserve the unique character of
City of Winter Springs as a family oriented attraction for families, tourists, and businesses; and
WHEREAS, the City of Winter Springs is essentially a suburban community and has a
current population of approximately 32,000 people; and
WHEREAS, the City of Winter Springs is a municipality that is, and desires very much to
continue to be, a community that contains and is known for traditional wholesome public
recreational activities and is proximate to family oriented theme parks such as Walt Disney World,
MGM Studios, Universal Studios, Sea World, and numerous other family vacation destinations; and
WHEREAS, the City Commission finds and determines that the provisions contained herein
are the most reasonable and minimal restrictions required so as to regulate conduct which is or could
be adverse to public order, health, safety, morals and welfare within the City of Winter Springs; and
WHEREAS, the passage of this Ordinance is necessary to preserve the basic character of
the community of the City of Winter Springs; and
WHEREAS, although the City Commission is of the opinion that this Ordinance is a general
ordinance regulating conduct and is not an ordinance that affects the use ofland as contemplated by
Section 166.041(3)(c), Florida Statutes, the City Commission does not wish to become sidetracked
in lengthy and expensive litigation concerning procedural matters that are not relevant to the subject
matter ofthis Ordinance and has, accordingly, determined to enact this Ordinance under the more
conservative, expensive, and time consuming land use procedure as well as under the general
procedure for ordinances that regulate conduct; and
WHEREAS, sexually oriented businesses and adult entertainment establishments require
special supervision from the public safety agencies of the City in order to protect and preserve the
health, safety, order and welfare ofthe workers and patrons of such businesses as well as the citizens
of the City; and
WHEREAS, the City Commission finds that sexually oriented businesses and adult
entertainment establishments are frequently used for unlawful sexual activities including, but not
limited to, prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern
of the City which demands reasonable regulation of sexually oriented businesses and adult
entertainment establishments in order to protect the health and well-being ofthe citizens ofthe City
of Winter Springs; and
City of Winter Springs
Ordinance No. 2003-41
Page 3 of 63
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses and adult entertainment establishments comply with
reasonable regulations and to ensure that operators do not knowingly allow their establishments to
be used as places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses and
adult entertainment establishments, because of their very nature, have a deleterious effect on both
the existing businesses around them and the surrounding residential areas adjacent to them as well
as other public and civic uses, causing increased crime and the downgrading of property values and
adverse impacts to economic development and tourist development programs and activities; and
WHEREAS, it is recognized that sexually oriented businesses and adult entertainment
establishments, due to their nature, have serious objectionable operational characteristics,
particularly when they are located in close proximity to each other, thereby contributing to urban
blight and downgrading the quality of life in the adjacent area; and
WHEREAS, the City Commission desires to minimize and control these adverse effects and
thereby protect the health, morals, good order, safety and welfare ofthe citizenry; protect the citizens
from increased crime; preserve the quality of life; preserve the property values and character of
surrounding neighborhoods and deter the spread of urban blight; and
WHEREAS, the City Commission has determined that locational criteria alone do not
adequately protect the health, good order, morals, safety and general welfare of the people of this
City; and
WHEREAS, it is not the intent of this Ordinance to unreasonably regulate any speech
activities protected by the First Amendment, but to enact a content-neutral Ordinance which
addresses the adverse secondary effects of sexually oriented businesses and adult entertainment
establishments; and
WHEREAS, it is not the intent of the City Commission to condone or legitimize obscene
material or any other illegal activity and the City Commission recognizes that state and federal law
prohibits the distribution of obscene materials and the Commission expects and encourages local and
state law enforcement officials to enforce state obscenity statutes and related statutes against any
such illegal activities in the City; and
WHEREAS, it is not the intent of this Ordinance to regulate the display of specified
anatomical areas incidental to a performance offered by a proprietary school licensed by the State
of Florida, a college, community college, university supported partly or entirely by taxation or a
private college or university which maintains and operates educational programs in which credits
are transferable to a college, community college, or university supported partly or entirely by taxation
City of Winter Springs
Ordinance No. 2003-41
Page 4 of 63
or in any structure owned by a governmental entity (e.g. a civic center, auditorium) when part ofa
bona fide artistic display or production; and
WHEREAS, the City Commission hereby finds at the effective date ofthis Ordinance there
are currently no adult entertainment establishments or sexually oriented businesses lawfully
operating within the City of Winter Springs; and
WHEREAS, the City Commission also finds that given there are no such establishments or
businesses operating within the City, reliance on studies, source materials, case law and experiences
of other communities involving such establishments and businesses is reasonable and a legitimate
basis for supporting the regulations contained in this Ordinance; and
WHEREAS, the City Commission hereby finds that on an annual basis, the City of
Casselberry, Seminole County, and local law enforcement agencies, have expended numerous man
hours licensing adult entertainment establishments and sexually oriented businesses, as well as
hundreds ofthousands of dollars defending licensing decisions challenged by the adult entertainment
industry (See e.g., Seminole Entertainment v. City of Casselberry); and
WHEREAS, the City Commission hereby finds that based on the experiences ofthe City of
Casselberry and Seminole County, the application and licensing fees required by this Ordinance will
not cover the expected administrative costs which will be incurred by the City of Winter Springs
should an adult entertainment establishment or sexually oriented business locate within the City; and
WHEREAS, the City Commission, therefore, finds that the annual application and licensing
fee is revenue neutral and in compliance with the court decision in Fly Fish, Inc. v. City Cocoa
Beach, 337 F. 3d 1301 (11th Cir. 2003); and
WHEREAS, the City Commission finds and determines that this Ordinance is consistent
with the goals, policies and objectives of the City's Comprehensive Plan; and
WHEREAS, this Ordinance is not intended to repeal the locational zoning requirements for
adult entertainment establishments currently codified in Sections 10-57, 10-58, and 10-59 ofthe City
Code and renumbered as set forth herein; and
WHEREAS, the City Commission ofthe City ofW inter Springs hereby finds and deems that
this Ordinance is in the best interests of the public health, safety, welfare, and morals ofthe citizens
of the City of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2003-41
Page 5 of 63
Section 1. Recitals. The foregoing recitals are incorporated herein by reference and
made a part of this Ordinance.
Section 2.
Repeal and Renumber Existing Code Provisions.
A. The City of Winter Springs Code Sections 10-51,10-52,10-53,10-54,10-55,10-56,
10-60,10-61,10-62,10-63,10-64,10-65,10-66, 10-67, 10-68, 10-69, 10-70, 10-71, and IO-
n are hereby repealed in their entirety. Copies of said sections are attached hereto as
Exhibit "A" and fully incorporated herein by this reference for repeal purposes only.
B. Section 10-57 is renumbered to 10-100; Section 10-58 is renumbered to 10-101; and
Section 10-59 is renumbered to 10-102. Said Sections are restated and amended in Section
3 of this Ordinance.
Section 3. Amend Code. The City of Winter Springs Code, Chapter 10, Article ill, is
hereby amended as follows (underlined type indicates additions, strikeout type indicates deletions,
and asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 10. It is
intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 10. LICENSES AND BUSINESS REGULATIONS
***
ARTICLE III. SEXUALLY ORIENTED BUSINESSES AND
ADUL T ENTERTAINMENT ESTABLISHMENTS
Sec. 10-51. Short title.
This Ordinance shall be known and may be cited as the "City of Winter Springs Sexually
Oriented Business and Adult Entertainment Establishment Ordinance."
Sec. 10-52. Purpose. findines and intent/incorporation of whereas clauses.
(a) Purpose. It is the purpose of this Article to regulate sexually oriented businesses and
adult entertainment establishments in order to promote and protect the public health, safety,
good order, and general welfare of the citizens of the City, to establish reasonable and
uniform regulations of adult entertainment establishments and sexually oriented businesses
within the City. The provisions of this Article have neither the purpose nor effect of
imposing an umeasonable limitation or umeasonable restriction on the content of any lawful
communicative materials including sexually oriented materials. Similarly, it is not the intent
nor effect ofthis Article to unreasonably restrict or deny access by adults to sexually oriented
City of Winter Springs
Ordinance No. 2003-41
Page 6 of 63
materials protected by the First Amendment or to deny access by the distributors and exhibi-
tors of sexually oriented entertainment protected by the First Amendment to their intended
market. Neither is it the intent nor effect ofthis Article to condone or legitimize the distribu-
tion of obscene or otherwise illegal material.
(b) Findings. Based on evidence concerning the adverse secondary effects of adult uses on
the community presented in hearings and in reports made available to the City Commission.
'and on findings incorporated in the cases of City of Renton v. Plavtime Theaters, Inc., 475
U.S. 41 (1986); Young v. American Mini Theaters, 426 U.S. 50 (1976); Barnes v. Glen
Theater. Inc.. 501 U.S. 560 (991): Citv of Erie v. Pav 's A.M.. 120 S. Ct. 1382 (2000): and
City of Los Angeles v. Alameda Books, 535 U.S. 425 (2003), and on materials made of record
relating to the Seminole County and St. Johns County Public Nudity Ordinances, and on the
substance of and findings made or incorporated in studies accomplished in other
communities and ordinances enacted in other communities, including, but not limited to.
New York, New York: City of Houston Ordinance Number 97 -75: Senate Bill Number 232,
as passed by the Kansas State Legislature: Phoenix, Arizona: Tucson, Arizona: St. PauL
Minnesota: Minneapolis, Minnesota: Houston, Texas: Indianapolis, Indiana: Amarillo,
Texas: Garden Grove, California: Los Angeles, California: Austin, Texas: Macon-Bibb
County, Georgia: Palm Beach County, Florida: Manatee County, Florida: the findings of the
Attorney General ofthe State of Minnesota: the report of United States Attorney General's
Commission on Pornography (1986): Jacksonville, Florida: Detroit, Michigan: 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 publication entitled "Protecting
Communities From Sexually Oriented Businesses" (Southwest Legal Press, Inc.): the
publication entitled "Local Regulation Of Adult Businesses" (Clark, Boardman and
Callaghan): publications prepared by the Florida Family Association, Inc. (Tampa, Florida)
relating to the regulation of sexually oriented businesses and adverse secondary effects of
sexually oriented businesses: the "Report to: The American Center for Law and Justice on
the Secondary Impacts of Sex Oriented Businesses", Peter R. Hecht, Ph.D. (1996): and the
findings of fact relating to the Adult Entertainment Codes of Orange and Brevard Counties.
two neighboring and contiguous counties in Central Florida, and the findings offact relating
to the Sexually Oriented Business and Adult Entertainment Establishment Ordinance of
Seminole County. Florida. the county in which the City of Winter Springs is located, the
publications of Dr. William George regarding erotica and alcohol: Alcohol and Human
Sexua/itv: Review and Integration. Leif C. Crowe and William H. George. Psychological
Bulletin. 1989: Alcohol and Hvvermasculinitv as Determinants of Men's Emvathic
Resvonses to Violent Pornographv. Jeanette Norris. William H. George, Kelly Cue Davis.
Joel MartelL R. Jacob Leonesio: Journal ofInt'l Violence. 1999: Alcohol Exvectancies and
Sexuality: A Self-Fulfilling Provhecv. Analvsis ofDvadic Percevtions 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 Studies on Alcohol. 1998: The Effect of Alcohol and
City of Winter Springs
Ordinance No. 2003-41
Page 7 of 63
Anger on Interest in Violence. Erotica & Deviance. William H. George and G. Alan Marlatt.
Journal of Abnormal Psychology. 1986: Perception of Postdrinking Female Sexuality:
Effects of Gender. Beverage Choice. and Drink Pavment. William H. George. Susan J.
Gournic. and Marry P. McAfee. Journal of Applied Social Psychology. 1988: Postdrinking
Sexual Inferences: Evidence of Linear Rather than Curvilinear Dosage Effects. William H.
George. Gail L. Lehman. Kelly L. Cue. Lorraine J. Martinez. Peter A. Lopez. and Jeanette
Norris. Journal of Applied Social Psychology. 1997: Self-Reported Alcohol Expectancies and
Postdrinking Sexual Inferences About Women. William H. George. Kelly L. Cue. Peter A.
Lopez. LiefC. Crowe. and Jeanette Norris. Journal of Applied Social Psychology. 1995: Self-
Reported Alcohol Expectancies for Self and Other as a Function of Behavior Tvpe and
Dosage Set: William H. George and Kurt H. Dermen. Journal of Substance Abuse. 1988:
Sammv's of Mobile, Ltd. v. City of Mobile. 140 F. 3d 993 (11 th Cir. 1998): Citv of Davtona
Beach v. Del Percio 476 So. 2d 197 (Fla. 1985): SOB, Inc. v. County of Benton. 317 F. 3d
856 (8th Cir. 2003): New York State Liquor Auth. V. Bellanca. 452 U.S. 714 (1981):
California v. LaRue. 409 U.S. 109 (1972) (result upheld in 44 Liquormart v. R.L 517 U.S.
484 (1996)): Seminole Entertainment. Inc. v. City of Casselberry. 813 So. 2d 186 (Fla. 5th
DCA 2002). rev. denied 835 So. 2d 269 (2002). cert. denied 123 S. Ct. 2276. 71 USL W 3641
(2003) (including the entire record presented to the Casselberry City Commission and the
order of the City Commission revoking Rachel's adult entertainment license): McKee v. City
of Casselberry. 10 Fla. L. Weekly Supp. 408a: and matters and materials submitted at the
public hearings relating to this Ordinance and other matters and documents relating to all of
the above: and the experiences of other neighboring communities including the City of
Casselberry. the City Commission finds:
ill Sexually oriented businesses and adult entertainment establishments lend
themselves to ancillary unlawful and unhealthy activities that are presently
uncontrolled or not adequately controlled by the operators of the establishments or
businesses. Further. there are presently no mechanisms or inadequate mechanisms
to make the owners of these businesses or establishments responsible for the
activities that occur on their premises.
ill Certain workers of certain sexually oriented .businesses and adult
entertainment establishments defined in this Article engage in a higher incidence of
certain types of illicit sexual behavior than workers of other business establishments.
ill Sexual acts. including masturbation. and oral and anal sex. occur at sexually
oriented businesses and adult entertainment establishments. especially those which
provide private or semi-private areas. booths or cubicles for viewing films. videos.
live sex shows and those having physical interaction between workers and customers.
ill Offering and providing such private spaces encourages such previously
mentioned activities. which create unhealthy conditions.
City of Winter Springs
Ordinance No. 2003-41
Page 8 of 63
ill Persons frequent certain adult theaters. adult arcades. and other sexually
oriented businesses and adult entertainment establishments for the purpose of
engaging in sex within the premises of such businesses and establishments.
@ At least 50 communicable diseases may be spread by activities occurring in
sexually oriented businesses and adult entertainment establishments. including. but
not limited to. syphilis. gonorrhea. human immunodeficiency virus infection (HN-
AIDS)' genital herpes. hepatitis B. Non A. Non B amebiasis. salmonella infections
and shigella infections.
ill Since 1981 and to the present. there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency virus
(HIV) in the United States - 600 in 1982.2.200 in 1983.4.600 in 1984.8.555 in 1985
and 253,448 through December 31. 1992.
ffi As of December 31. 1995. there have been 51.838 reported cases of AIDS in
the State of Florida.
{2} From 1981 to June 1996. the number oflivingpersons testing positive for the
HN antibody with AIDs symptoms has risen to 73.217 in the 28 states having
confidential reporting requirements.
.QQ} The number of cases of early (less than one year) syphilis in the United States
reported annually has risen. with 33.613 cases reported in 1982 and 45.200 through
November of 1990.
QD. The number of cases of gonorrhea in the United States reported annually
remains in a high level. with over one-half million cases being reported in 1990.
ill.). The surgeon general of the United States. in his report of October 22. 1986.
has advised the American public that AIDS and HIV infection may be transmitted
through sexual contact. intravenous drug abuse. exposure to infected blood and blood
components. and from an infected mother to her newborn.
Q]} According to the best scientific evidence. AIDS and HN infection. as well
as syphilis and gonorrhea. are principally transmitted by sexual acts.
f.lA} Sanitary conditions in some sexually oriented businesses and adult
entertainment establishments are unhealthy. in part. because the activities conducted
there are unhealthy. and. in part. because of the unregulated nature of the activities
and the failure of owners and operators of the facilities to self-regulate those
activities and maintain those facilities.
City of Winter Springs
Ordinance No. 2003-41
Page 9 of 63
@ Numerous studies and reports have determined that semen is found in the
areas of sexually oriented businesses and adult entertainment establishments where
persons view "adult" oriented films.
Q..Q} The findings noted in paragraphs number I through 15 and as set forth
hereinafter raise substantial governmental concerns.
Q.1) Sexually oriented businesses and adult entertainment establishments have
operational characteristics which should be reasonably regulated in order to protect
those substantial governmental concerns.
(lID A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and the operators of the sexually
oriented businesses and adult entertainment establishments. Further. such a licensing
procedure will place a heretofore nonexistent incentive on the operators to see that
the business or establishment is run in a manner consistent with the good order.
health. safety and welfare of its patrons and workers. as well as the citizens of the
City. It is appropriate to require reasonable assurances that the licensee is the actual
operator of the business or establishment. fully in possession and control of the
premises and activities occurring therein.
Q.2} Removal of doors on adult booths and requmng sufficient lighting on
premises with adult booths advances a substantial governmental interest in curbing
the illegal and unsanitary sexual activity occurring in adult theaters.
am Requiring licensees of sexually oriented businesses and adult entertainment
establishments to keep information regarding current workers and certain past
workers will help reduce the incidence of certain types of criminal behavior by
facilitating the identification of potential witnesses or suspects and by preventing
minors from working at such businesses and establishments.
G.D The disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of the sexually oriented business and
adult entertainment establishments. where such information is substantially related
to the significant governmental interest in the operation of such uses. will aid in
preventing the spread of sexually transmitted diseases.
.em It is desirable in the prevention of the spread of communicable diseases to
obtain a limited amount of information regarding certain workers who may engage
in the conduct which this Article is designed to prevent or who are likely to be
witnesses to such activity.
City of Winter Springs
Ordinance No. 2003-41
Page 10 of 63
all The fact that an applicant for an adult entertainment establishment or sexually
oriented business license has been convicted of a sexually related crime leads to the
rational assumption that the applicant may engage in that conduct in contravention
of this Article.
(24) Commercial establishments exist or may exist within the City and other
nearby cities and counties in central Florida where adult entertainment material is
possessed, displayed, exhibited, distributed and/or sold for commercial purposes in
the fornl of books, magazines, periodicals or other printer material. or photographs,
films, motion pictures, prints, videotapes, slides, computer digital graphic recordings
or other visual representations or recordings, or recordings or other audio matter, or
instruments, novelties, devices, or paraphernalia which depict. illustrate, describe or
relate to specified sexual activities or specified anatomical areas.
@ Commercial establishments exist or may exist within the City and other
nearby cities or counties in central Florida where adult entertainment and sexually
oriented commercial activities in the form of nude, semi-nude, or topless dancers,
entertainers, performers, or other individuals, who, for commercial gain, perform or
are presented while displaying or exposing specified anatomical areas; or engage in
straddle dancing or touching with customers.
.QQ} Commercial sexually oriented businesses exist or operate or may exist or
operate within the City or other nearby cities or counties in central Florida where
sexually oriented services are offered for commercial or pecuniary gain in the form
of commercial physical contact. escort services and other services providing sexual
encounters. The workers of such sexually oriented businesses operating in central
Florida engage in physical contact or touching with customers including, but not
limited to, acts of prostitution, or encourage or entice the customers to engage in
lewdness.
G1l The actIVItIes occurring at sexually oriented businesses and adult
entertainment establishments occur at establishments and businesses which operate
primarily for the purpose of making a profit and, as such, are subi ect to regulation by
the City in the interest of the good order, health, safety, economy, property values,
morals and general welfare of the people, businesses and industries of the City. A
maior industry which is important to the community's economic welfare is tourism
by persons seeking to bring children to visit central Florida attractions who wish to
stay in a community with a family atmosphere not dominated by commercialized
sexual themes.
City of Winter Springs
Ordinance No. 2003-41
Page 11 of 63
@ When the activities occurring at sexually oriented businesses and adult
entertainment establishments are present in establishments and businesses, other
activities which are illegaL unsafe, or unhealthful tend to accompany them,
concentrate around them, and be aggravated by them. Such other activities include,
but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and
lascivious behavior, exposing minors to harmful materials, possession, distribution
and transportation of obscene materials, sale or possession of controlled substances,
and violent crimes against persons and property.
(29) When the activities occurring at sexually oriented businesses and adult
entertainment establishments are competitively exploited in establishments and
businesses, they tend to attract an undesirable number of transients, blight
neighborhoods, adversely affect neighboring businesses, lower real property values,
promote the particular crimes described above and, ultimately, lead residents and
businesses to move to other locations.
Q.Q} Sexually oriented businesses and adult entertainment establishments often
have exterior signs or exterior appearance that lower the surrounding property values
and contribute to urban decline.
QD In order to reverse urban blight, the City of Winter Springs participates in an
established Community Redevelopment Area pursuant to Chapter 163, Florida
Statutes along the SR 17-92 corridor. Sexually oriented businesses and adult
entertainment establishments that contribute to urban blight operate at cross-purposes
with Community Redevelopment Areas.
Q1} The activities occurring at sexually oriented businesses and adult
entertainment establishments sometimes occur in establishments and businesses
concurrent with the sale and consumption of alcoholic beverages which concurrence
leads to a further increase in criminal activity, unsafe activity, and disturbances ofthe
peace and order ofthe surroundin~ communitv and creates additional hazards to the
health and safety of customers and workers and further depreciates the value of
adioining real property harming the economic welfare of the surrounding community
and adversely affecting the quality of life, commerce, and community environment.
Ql) Physical contact or touching within sexually oriented businesses and adult
entertainment establishments between workers exhibiting specified anatomical areas
and customers poses a threat to the health of both and promotes the spread of
communicable and social diseases.
(34) In order to preserve and safeguard the good order, health, morals, safety, and
general welfare ofthe people ofthe City it is necessary and advisable for the City to
City of Winter Springs
Ordinance No. 2003-41
Page 12 of 63
regulate the conduct of owners, managers, operators, agents, workers, entertainers,
performers, and customers at sexually oriented businesses and adult entertainment
establishments.
.Q22 The potential dangers to the good order, morals, health, safetv, and general
welfare of the people of the City posed by permitting a sexually oriented business or
adult entertainment establishment to operate without first meeting the requirements
for obtaining a license under this Article are so great as to require the licensure of
such establishments prior to their being permitted to operate.
.QQ} Requiring operators of sexually oriented businesses and adult entertainment
establishments to keep records of information concerning workers and certain recent
past workers as well as customer contracts and other matters and materials will help
reduce the incidence of certain tyPes of criminal behavior by facilitating the
identification of potential witnesses or suspects and by making it difficult for minors
to work at or be customers in such establishments.
.Q1} Prohibiting sexually oriented businesses and adult entertainment
establishments from operating within set distances of educational institutions,
religious institutions, residences, areas zoned or designated for residential use, and
parks at which minors are customarily found, will serve to protect minors from the
adverse affects of the activities that accompany such establishments and businesses.
DID Straddle dancing, unregulated private performances, and enclosed adult
booths in sexually oriented businesses and adult entertainment establishments have
resulted in indiscriminate commercial sex between strangers and poses a threat to the
health of the participants and promotes the spread of communicable sexually
transmitted diseases. Straddle dancing is primarily conduct rather than communica-
tion or expression.
Q.2l Workers at sexually oriented businesses and adult entertainment
establishments engage in a higher incidence of certain tyPes of unhealthy or criminal
behavior than workers of other establishments and businesses including, but not
limited to, a very high incidence of illegal prostitution or engaging in lewdness in
violation of Chapter 796 of the Florida Statutes, operation without occupational
licenses and illegal and unlicensed massage.
(40) Physical contact or touching between workers of sexually oriented businesses
and adult entertainment establishments and customers poses a threat to the health of
both and promotes the spread of communicable and sexually transmissible diseases.
City of Winter Springs
Ordinance No. 2003-41
Page 13 of 63
GU The practice of not paying workers at sexually oriented businesses and
requiring them to earn their entire income from tips or gratuities from their customers
who are predisposed to want sexual activity has resulted in a high incidence of
prostitution and crimes related to lewdness by workers.
(42) Sexually oriented businesses involve activities that are pure conduct engaged
in for the purpose of making a profit. rather than speech or expressive activitv and,
therefore, are subiect to and require increased regulation to protect the health, good
order, morals, welfare and safety of the community.
.cru Requiring sexually oriented businesses to post a listing of services provided
and restrict services to those listed as well as maintaining a customer contract and
transaction record in a daily register will discourage incidents of criminal behavior
such as lewdness and prostitution thereby further safeguarding the health of both
workers and customers and will assist facilitating the identification of potential
witnesses or suspects if criminal acts do occur.
(44) This ordinance shall not be construed as opting the City of Winter Springs out
of the Seminole County Public Decency ordinance.
.cw The general welfare, health, good order, morals and safety ofthe citizens of
the City will be promoted by the enactment ofthis Article.
(c) Intent. It is the intent of this Article to protect and preserve the good order, health,
peace, safety, and welfare of the citizens of the City of Winter Springs. Except for the
locational zoning requirements, this Article regulates conduct and is not an ordinance that
affects the use ofland as contemplated by Section 166.041. Florida Statutes (2003).
(d) Authority. This Article is enacted under the constitutionally derived home rule power
of the City of Winter Springs in the interest of the good order, health, peace, safety, and
general welfare ofthe people of the City.
(e) "Whereas" Clauses. It is the City Commission's further intention to accomplish those
intents and purposes expressed by the City Commission in the recital ("whereas" clauses) of
this Article, each of which are incorporated by reference into this Section.
(D Speech Protection. Nothing herein shall be construed to prohibit constitutionally
protected expression or speech. This Article is intended to reasonably regulate the adult
entertainment industry and sexually oriented businesses which engage in commercial
activities involving acts or services of a sexually explicit nature or which involve acts or
services involving matters which are sexual in nature.
City of Winter Springs
Ordinance No. 2003-41
Page 14 of 63
Sec. 10-53. Construction.
(a) This Article shall be liberally construed to accomplish its purpose of reasonably
regulating sexually oriented businesses and adult entertainment establishments in order to
reduce or eliminate adverse secondary effects of such businesses and establishments. This
Article is intended to reasonably regulate such matters in order to reduce or eliminate the
adverse secondary effects of commercial establishments and businesses. The provisions of
this Article shall not be deemed to authorize a violation of Seminole County's Public
Decency ordinance or the City's Code regulating public nudity at licensed beverage
establishments. The provisions of this Article shall be construed to be additional and
supplemental to the Seminole County Public Decency ordinance and is in no way whatsoever
intended to conflict with the clothing requirements contained in the Seminole Countv Public
Decency ordinance or the City's Code regulatin~ public nudity at licensed beverage
establishments. The regulation of alcoholic beverage establishments is also addressed in the
City Code of the City of Winter Springs and other provisions of law.
(b) Unless otherwise indicated, all provisions of this Article shall apply equally to all
persons, regardless of sex. Masculine pronouns, such as "he," "his," and "him," as employed
in this Article, shall also be construed to apply to feminine pronouns and neutral pronouns,
unless the context suggests otherwise. Words used in the singular number shall include the
plural number, unless the context suggests otherwise.
Sec. 10-54. Obscenity/indecent exposure unlawful.
As a matter of State and Federal law, obscenity is unlawful in the City of Winter Springs.
Likewise, State law prohibits indecent exposure. Nothing in this Article shall be construed
to allow or permit the possession, distribution and transportation of obscene materials; to
authorize the exposing of persons under eighteen (18) years of age to motion pictures,
exhibitions, shows, representations and presentations of specified sexual activities or persons
displaying or exhibiting specified anatomical areas; or the indecent exposure of a person as
prohibited by State law.
Sec. 10-55. Definitions.
The following words and phrases defined in this section and used in this Article shall have
the meaning herein prescribed, unless the context clearly suggests otherwise.
Adult Bookstore/Adult Video Store:
(a) An establishment which, as its principal business purpose, sells or rents adult material
or which offers adult materials for sale or rent as a significant portion of its stock and trade.
City of Winter Springs
Ordinance No. 2003-41
Page 15 of 63
(b) Any establishment in which anyone (1) or more ofthe following five (5) elements occur
shall be presumed to be an adult bookstore/adult video store:
(1) that the adult material is accessible to customers: "accessible to customers"
means that the item can be physically touched, picked up, handled by a customer
before being transferred from the control of a worker, or is visually displayed so that
an adult or child present in the store can view substantially more than its name alone:
or
(2) that the individual items of adult material offered for sale and/or rental comprise
more than twenty-five percent (25%) of the unused individual items publicly
displayed at the establishment as stock in trade in the following categories: books,
magazines, periodicals, other printed matter, slides, photographs, films, motion
pictures, videotapes, compact disks, computer digital graphic recordings, other visual
representations, audio recordings and other audio matter, and more than twenty-five
percent (25%) of the total used items publicly displayed at the establishments as
stock in trade in each of the same categories set out above: or
(3) the gross income each month from the sale and rental of adult material comprises
more than ten percent (10%) of that month's grOSS income fTom the sale and rental
ofthe goods and material at the establishment; or
(4) the floor area used to display adult material comprises more than ten percent
(10%) of the floor area used for display of all goods and material at the
establishment: or
(5) the establishment uses any of the following terms in advertisements or any other
promotional activities relating to the adult material: "XXX," "XX," "X" or any
series of the letter "X" whether or not interspersed with other letters, figures or
characters: "erotic" or deviations ofthat word: "adult entertainment." "adult books,"
"adult videos" or similar phases: "sexual acts" or similar phrases: "nude" or "nudies"
or similar phrases which letters, words or phrases a reasonable person would believe
to be promotional of the purchase or rental of adult material.
(c) In recognition of the provisions of Sections 847.013 and 847.0133, Florida Statutes,
which protects minors from exposure to obscene material. any business which is an adult
bookstore/adult video store shall have in place at each entrance to such business a sign, no
?J"eater than one (1) square foot in size, stating "Persons under 18 years of age not permitted."
Adult Booth: A separate booth inside an adult entertainment establishment or sexually
oriented business accessible to any person, regardless of whether a fee is charged for access.
The term "adult booth" includes, but is not limited to, a "peep show" booth or arcade, or
City of Winter Springs
Ordinance No. 2003-41
Page 16 of 63
other booth used to view "adult material." The term "adult booth" does not include a foyer
through which any person can enter or exit the establishment or a rest room.
Adult Entertainment:
(a) The display or exposure of any specified anatomical area by a worker to a customer
regardless of whether the worker actually engages in performing or dancing or where workers
wear or display to a customer any covering, tape, pastie, or other device which simulates or
otherwise gives the appearance ofthe displav or exposure of any specified anatomical areas
regardless of whether the worker actually engages in performing or dancing.
(b) Providinf2: adult material for commercial or pecuniary gain.
(c) The offering, soliciting or contracting to dance or perform by a worker with or for a
customer with the acceptance of any consideration, tip, remuneration or compensation from
or on behalf of that customer.
(d) The dancing or performing by a worker with or within three feet (3 ') of a customer with
the acceptance of any consideration, tip, remuneration, or compensation from or on behalf
of that customer.
Adult Entertainment Establishment: An adult performance establishment. adult
bookstore/adult video store, adult motel. or adult theater as those terms are defined herein,
which is operated for commercial or pecuniary gain. An establishment with an adult
entertainment license shall be presumed to be an adult entertainment establishment.
Adult Material: One (1) or more of the following, regardless of whether it is new or used:
(a) Books, magazines, periodicals, or other printed matter, photographs, films, motion
pictures, videotapes, video cassettes, slides, computer digital graphic recordings, or other
visual representations, tape recordings, disks or other audio matter, which have as their
primary or dominant theme matters depicting, illustrating, describing or relating to specified
sexual activities or specified anatomical areas: or
(b) Instruments, novelties, devices or paraphernalia which are designed for use in connection
with specified sexual activities, excluding bona fide birth control devices.
Adult Model: Any person who, for commercial or pecuniary gain, offers, suggests, or agrees
to engage in a private performance, modeling or display of male or female lingerie, bathing
suits, under garments, or specified anatomical areas to the view of a customer.
City of Winter Springs
Ordinance No. 2003-41
Page 17 of 63
Adult Motel: Any motel. hotel. boarding house. rooming house or similar commercial
establishment which offers accommodations to the public for any form of consideration
whose advertisements or business name includes the word "adult" or which advertises to the
public outside of the premises of the establishment and visible from a public right-of-way
the presentation of closed-circuit television transmissions. films. motion pictures. video
tapes. video cassettes. slides or other photographic reproductions. which have as their
primary or dominant theme matters depicting. illustrating or relating to specified sexual
activities or specified anatomical areas. The term "adult motel" is included within the defini-
tion of" adult theater. II
Adult Performance Establishment:
(a) Any establishment where any worker:
(1) engages in a private performance. acts as an adult model. or displays or exposes
any specified anatomical areas to a customer. regardless of whether the worker
engages in dancing or any particular activity; or
(2) wears and displays to a customer any covering. tape. pastie. or other device
which simulates or otherwise gives the appearance of the display or exposure of any
specified anatomical areas. regardless of whether the worker actually engagesJin
performing or dancing; or
(3) offers. solicits. or contracts to dance or perform with or for a customer and
accepts any consideration. tip. remuneration or compensation from or on behalf of
that customer; or
(4) dances or performs with or within three feet (3') of a customer and accepts any
consideration. tip. remuneration. or compensation from or on behalf of that customer.
(b) A bona fide private club whose membership as a whole engages in social nudism or
naturalism as in a nudist resort or camp and at which specified sexual activities do not occur
shall be presumed not to be an adult performance establishment.
(c) It is an affirmative defense to an alleged violation of this Code regarding operating an
adult performance establishment without a license if the alleged violator demonstrates that
the predominant business or attraction of the establishment is not offering to customers of
entertainment which is intended to provide sexual stimulation or sexual gratification to such
customers and the establishment and its advertising is not distinguished by an emphasis on
or the promotion of matters or persons depicting. describing. displaying. exposing.
simulating or relating to specified sexual activities or specified anatomical areas.
City of Winter Springs
Ordinance No. 2003-41
Page 18 of 63
"'r ~ ,.J(
(d) Consistent with the decision of the Supreme Court of Florida in the case of Hoffman v.
Carson, 250 So. 2d 891. 893 (1971), aooeal dismissed 404 U.S. 981 (1971), an adult
performance establishment shall not be deemed a place provided or set apart for the purpose
of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence
of Florida Statute, S 800.03, the State's indecent exposure statute.
Adult Theater: An establishment which consists of an enclosed building, or a portion or
part of an enclosed building, or an open-air area used for viewing by persons offilms, motion
pictures, video cassettes, video tapes, slides, computer digital graphic recordings, or other
photographic reproductions which have as their primary or dominant theme, matters
depicting, illustrating or relating to specified sexual activities or specified anatomical areas.
"Adult motels," and "adult booths" are included within the definition of "adult theater."
Adult Video Store: See "Adult Bookstore."
Alcoholic Beverages: All beverages containing more than one (1) percent of alcohol by
weight. It shall be prima-facie evidence that a beverage is an alcoholic beverage ifthere is
proof that the beverage in question was or is known as beer, wine, whiskey, moonshine
whiskey, moonshine, shine, rum, gin, tequila, bourbon, vodka, scotch, scotch whiskey,
brandy, malt liquor, or by any other similar name or names, or was contained in a bottle or
can labeled as any ofthe above names, or a name similar thereto, and the bottle or can bears
the manufacturer"s insignia, name, or trademark. Any person who, by experience in the
handling of alcoholic beverages, or who by taste, smell. or drinking of such alcoholic
beverages has knowledge ofthe alcoholic nature thereof, may testify as to his opinion about
whether such beverage is an alcoholic beverage.
Commercial Bodily Contact:
(a) The manipulation, washing, scrubbing, stroking, or touching, for commercial or
pecuniary gain, of the body of another person directly, or indirectly through a medium or
using anv obiect. instrument, substance, or device between a worker and a customer.
(b) The following persons engaged in the bona fide performance ofthe following activities
shall not be deemed to be engaging in commercial bodily contact for the purposes of this
Article when they are engaged in the bona fide practice of their occupation or profession:
(1) Persons licensed as a massage therapist or apprentice massage therapist pursuant
to Chapter 480, Florida Statutes, when providing massage services in an
establishment licensed under Chapter 480, Florida Statutes.
(2) Persons licensed under the laws of the State of Florida to practice medicine,
surgery, osteopathy, chiropody, naturopathy, or podiatry.
City of Winter Springs
Ordinance No. 2003-41
Page 19 of 63
(3) Persons licensed under the laws ofthe State of Florida as a physician's assistant
or nurse.
(4) Persons holding a drugless practitioner's certificate under the laws of the State
of Florida.
(5) Persons licensed as barbers or cosmetologists under the laws of the State of
Florida.
(6) Persons performing authorized services in a hospital. nursing home, sanitarium,
adult congregate living facility, group home, day care center, or similar place of
business when owned and operated in accordance with the laws of the State of
Florida.
(7) Persons who are instructors, coaches, or athletic trainers employed by, or on
behalf of, any professional. amateur, Olympic, or similar athletic team engaging in
bona fide athletic events, or when employed by a governmental entity or a bona fide
educational institution.
(8) Persons licensed as physical therapists under the laws of the State of Florida.
Commercial Bodily Contact Establishment: Any establishment business, or place
operated for commercial or pecuniary gain or where for any form of consideration workers
or customers engage in commercial bodily contact or any establishment business or place
any portion ofwhich is set aside, advertised, promoted or used as a place where commercial
bodily contact occurs or which is described or depicted as a "body scrub salon," "body wash
salon," or "body relaxation salon."
Commercial or Pecuniary Gain: Operated for commercial or pecuniary gain shall be
presumed for any establishment which has received an occupational license. For the
purposes of this Article, operation for commercial or pecuniary gain shall not depend on
actual profit or loss. An establishment which has an occupational license or an establishment
which advertises itself as a type of adult entertainment establishment shall be presumed to
be "operated for commercial or pecuniary gain. "
Commercial Establishment: Any business, location, or place which conducts or allows to
be conducted on its premises any activity for commercial or pecuniary gain.
Conviction: A determination of guilt resulting from plea or trial. regardless of whether
adiudication was withheld or whether imposition of sentence was suspended.
City of Winter Springs
Ordinance No. 2003-41
Page 20 of 63
Customer:
(a) Any person present at an adult entertainment establishment or sexually oriented business.
other than operators or workers. regardless of whether the person has given or paid any
consideration to be present at the adult entertainment establishment or sexually oriented
business and regardless of whether the person has paid any money for goods or services at
or to the adult entertainment establishment or sexually oriented business.
(b) Any person. excluding a worker or operator. who has paid. or has offered. agreed. been
solicited. or had someone else offer or agree on that person's behalfto pay any consideration.
fee. or tip to an operator or worker of an adult entertainment establishment or sexually
oriented business.
Educational institution: A premises or site upon which there is an institution of learning
for minors. whether public or private. which conducts regular classes and/or courses of study
required for eligibility to certification by. accreditation to. or membership in the State
Department of Education of Florida. Southern Association of Colleges and Secondary
Schools. or the Florida Council of Dependent Schools. The term "educational institution"
includes a premises or site upon which there is a nursery school. kindergarten. elementary
school. iunior high school. senior high schooL or any special institution of learning. a
vocational institution. professional institution. an institution of higher education. a
community college. iunior college. four (4) year college or university.
Entity: Any proprietorship. partnership. corporation. association. business trust. ioint
venture. ioint-stock company or other for profit and/not for profit organization by whatever
name. title or description.
Escort: Any person who. for commercial or pecuniary gain. compensation or tips. agrees
to. offers to go. or goes to any place. including. but not limited to. a business. hotel. motel.
residence. boat. vessel. motor vehicle. or other mode of transportation to do any of the
following acts:
(a) act as a companion or date for. or converse with a customer:
(b) engage in commercial bodily contact with another person:
(c) engage in a private performance:
(d) engage in adult modeling or act as an adult model:
(e) display specified anatomical areas. strip naked. or go topless: or
City of Winter Springs
Ordinance No. 2003-41
Page 21 of 63
(f) engage in any specified sexual activity.
Nothing in this definition shall be construed to legalize prostitution or other conduct
prohibited by this Code or other law. Workers of a licensed adult performance establishment
for whom worker records are maintained pursuant to this Article are excluded from the
definition of escort when engaged in the expressive display of specified anatomical areas at
a licensed adult performance establishment.
An escort who is a paid employee type worker of an escort service for whom taxes and social
security payments are withheld and paid by the escort service, and who is not an independent
contractor, is not required to obtain his or her own sexually oriented business license for
activities conducted pursuant to employment with the escort service.
Escort Service: A person, business, establishment, or place operated for commercial or
pecuniary gain, which advertises as an "escort", "escort service" or "escort agency" or
otherwise offers or advertises that it can furnish escorts, a private performance, or adult
models: or offers or actually provides, arranges, dispatches, or refers workers or themselves
to act as an escort or engage in a private performance for a customer. Defense. A bona fide
dating or matching service which arranges social matches or dates for two (2) persons who
each wish to meet a compatible companion when neither of said persons solicits, accepts, or
receives any financial gain or any monetary tip, consideration, or compensation for the
meeting or date is not an escort service.
Establishment: Any place, site, or premises, or portion thereof, upon which any person,
corporation, or business conducts activities or operations for commercial or pecuniary gain
including, but not limited to, any place, site or premises from where an escort service
dispatches or refers workers to other locations or at which an escort service receives business
calls from customers.
Law Enforcement Officer: An officer who is on official duty for any law enforcement
agency.
Licensee: Any person, corporation, partnership, or other entity whose application for an
adult entertainment establishment or sexually oriented business license has been granted and
any person, corporation, partnership or other entity who owns or operates or controls the
establishment or business.
Operator: Any person who engages in or performs any activity which is necessary to or
which facilitates the operation of a sexually oriented business or an adult entertainment
establishment including, but not limited to, the licensee, manager, owner, doorman, bouncer,
bartender, disc iockey, sales clerk, ticket taker, movie proiectionist, dispatcher, receptionist,
attendant or supervisor.
City of Winter Springs
Ordinance No. 2003-41
Page 22 of 63
Park: A tract ofland within any jurisdiction which is kept for ornament or recreation and
which is maintained as public property including, but not limited to, a playground, nature
trails, swimming pooL reservoir, athletic field, basketball or tennis courts, pedestrianlbicycle
paths, wilderness areas or other similar public land.
Person: Includes, but is not limited to, an individuaL assocIatIons, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and any and
all other similar entities and all officers, directors and principal stockho lders of such associa-
tions, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations or other similar entities.
Police Chief: The Chief of Police of the City of Winter Springs, Florida.
Private Performance: Modeling, posing, or the display or exposure of any specified
anatomical area by a worker to a customer while the customer is in an area not accessible
during such display to all other persons in the establishment or, while the customer or worker
is in an area which is not on the premises of the establishment, or in which the customer or
worker is totally or partially screened or partitioned during such display from the view of
persons outside of the area.
Sexual Encounter Business:
(a) Any person or entity which for any form of consideration or remuneration or which
charges an admission fee and provides a place for the purpose of providing, encouraging or
allowing three (3) or more persons to engage in any specified sexual activity among
themselves or with other persons.
(b) The following: shall be presumed not to be a sexual encounter business: (1) a bona fide
private club whose membership as a whole engages in social nudism or naturalism as in a
nudist resort or camp and at which specified sexual activities do not occur, (2) a State
licensed sexual therapist, and (3) a bona fide hotel or motel licensed by the State.
Sexual Gratification: Means the engaging in or committing of an act of sexual intercourse,
oral-genital contact, masturbation, or the touching ofthe covered or uncovered sexual organ,
pubic region, buttock, breast, chest or inner thigh of a person, any of which is for the purpose
of arousing or gratifying the sexual desire of another person.
Sexual Stimulation: Means either to excite or arouse the prurient interest or to offer,
propose, solicit, or suggest to provide an act of sexual gratification to a customer, including
but not limited to all conversations, statements, advertisements and acts which would lead
a reasonable person to conclude that an act of sexual gratification was to be provided.
City of Winter Springs
Ordinance No. 2003-41
Page 23 of 63
Sexually Oriented Business: A commercial bodily contact establishment, escort service,
or sexual encounter business. A business shall be a sexually oriented business, whether
services are provided on the premises of an establishment or on an out call basis at any other
place and regardless of whether such business is licensed under this Article. A business with
a sexually oriented business license shall be presumed to be a sexually oriented business.
An individual operating a sexually oriented business is subiect to the provisions of this
Article notwithstanding the fact that services are being provided at or from a residence,
motor vehicle, vessel or any other location and a license pursuant to this Article is required
unless the individual is a paid employee for whom taxes and social security payments are
withdrawn and paid by the licensed establishment. worker records are maintained, and the
individual is not an independent contractor.
Specified Anatomical Areas: (Editor's note: The source ofthe footnotes below is The New
Webster's Medical Dictionary (Bolander, 1991). The definitions of terms set forth in the
footnotes are a material part of this Article and applv to the use of the term each time it is
used in this Article.)
(a) Any of the following in a state that is less than completely and opaquely covered:
(1) the male or female genitals I:
(2) the male or female pubic area2:
(3) the vulva3;
(4) the anus4:
(5) the penis5:
(6) the scrotum6:
(7) the cleavage of the buttocks:
(8) the buttocks:
(9) the anal? cleft:
(10) the anal cleavage:
IGenitals, Genitalia - Organs of the reproductive system, especially the external organs.
2Pubic Area - (1) Pubes, the pubic region; the anterior region of the innominate bone covered with pubic hair; os
pubis. (2) Pubic, pertaining to the pubes. (3) Pubis, pubic bone, or the innominate bone.
3Vulva - External female genitalia, including the mons pubis, labia majora and minora, clitoris and vestibule of the
vagIna.
4Anus - Outlet of the rectum leading from the bowel.
5Penis - The male organ for urination and copulation, a pendulous structure that is suspended from the front and the
sides of the pubic arch.
6Scrotum - The external double pouch that contains the testicles.
7 Anal - A ring, pertaining to the rectal opening; near the anus.
City of Winter Springs
Ordinance No. 2003-41
Page 24 of 63
(1) the breast8 of a female:
(12) human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
(b) Bodv paint. body dyes, tattoos, liquid latex whether wet or dried, dental floss, G-Strings,
thongs, and similar coverings shall not be considered an opaque covering.
Specified criminal act:
(a) A violation of this Article:
(b) Any felony not otherwise specified in this definition:
(c) An offense under Chapter 794, Florida Statutes (Sexual Battery):
(d) An offense under Chapter 796, Florida Statutes (Prostitution):
(e) An offense under Chapter 800, Florida Statutes (Lewdness: Indecent Exposure):
(f) An offense under Chapter 826, Florida Statutes (Bigamy: Incest):
(g) An offense under Chapter 847, Florida Statutes (Obscene Literature: Profanity): or
(h) An offense against an analogous Federal statute or the statutes of a state other than
Florida, or an analogous ordinance of another county or city.
Specified sexual activities: (Editor's note: The sources for the footnotes below are (1)
Taber's Cyclopedic Medical Dictionary, T.A. Davis Co., Philadelphia, 1997 (ed. 18): (2)
Oxford Dictionary of the English Language (multi-volume): (3) Florida Statutes. The
definitions oftenns set forth in the footnotes are a material part of this Article and apply to
the use of the term each time it is used.)
(a) human genitals in a state of sexual stimulation, arousal or tumescence: or
8Breast - A portion of the human female mammary gland (commonly referred to as the female breast) including the
nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland
wherein such outside area is: (i) reasonably compact and contiguous to the areola, and (ii) contains at least the nipple
and the areola and one-fourth ofthe outside surface area of such gland. The female breast shall not include any portion
of the cleavage between the human female breasts typically exhibited by a dress, blouse, shirt, leotard, bathing suit, or
other wearing apparel, provided that the areola is not exposed.
City of Winter Springs
Ordinance No. 2003-41
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(b) acts of human anilingus9. bestialitylo. buggery". cunnilingus '2. coorophagyJ3.
coprophilia 14. fellatio 15. flagellation '6. masochism 17. masturbation 18.
necrophilia 19 .pederastyO .pedophi lia21 . sadism22. sadomasochism23. sapphism24. sexual
intercourse25. sodomy6. urolagnia27. or zooerasty8; or
(c) fondling or other touching of human genitals. pubic region. any part ofthe buttocks. anus
or female breast: or
(d) oral. anal. or vaginal penetration by. or union with. the sexual organ or any other part of
the body of another:
(e) anal or vaginal penetration of another or oneself with any obiect: or
(f) the handling or fondling of the sexual organ of another for the purpose of masturbation
directly or through a medium; or
9 Anilingus - Oral stimulation of the anus by use of the tongue or lips.
IOBestiality - (1) Use of animals for sexual enjoyment or any sexual act between a person and an animal involving
the sex organ of the one and the mouth, anus, penis or vagina of the other.
llBuggery - Sodomy.
12Cunnilingus - Sexual activity in which the mouth and tongue are used to stimulate the female genitalia.
13Coprophagy - The eating of excrement.
'4Coprophilia - An abnormal interest in feces.
15Fellatio - Oral stimulation of the penis.
'6Flagellation - Whipping or a massage by strokes which is a form of sexual aberration in which the libido is
stimulated by whipping oneself, being whipped, or whipping someone else.
17Masochism - Sexual excitement by being humiliated or hurt by another or a sexual perversion in which one takes
delight in being dominated, even to the extent of violence or cruelty, by another person.
J 8Masturbation - Stimulation of genitals or other erogenous areas by some means other than sexual intercourse, such
as a hand or object.
J~ecrophilia - Sexual intercourse with a dead body.
20Pederasty - Anal intercourse between a man and a young boy.
21Pedophilia - Fondling of children or any other sexual relations with a child.
22Sadism - Sexual pleasure derived from inflicting mental or physical pain on others.
23Sadomasochism - Sexual pleasure related to sadism and masochism.
24Sapphism - Lesbianism, i.e., the unnatural sexual relationship between women such as cunnilingus, anilingus,
masturbation, etc.
25Sexual intercourse - Sexual union between a man and a woman by insertion of the penis into the vagina.
26Sodomy - Anal intercourse.
27Urolagnia - Sexual excitation associated with urination (e.g., watching another person urinate or having another
person urinate on one's own body.)
28Zooerasty - Bestiality.
City of Winter Springs
Ordinance No. 2003-41
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(g) excretory functions as part of or in connection with any of the activities set forth in
subsections Ca) through (t).
Straddle Dance:
(a) The use by a worker of any part of his or her body to touch the genital or pubic area of
another person, or the touching of the genital or pubic area of any worker by another person;
or the straddling of the legs of a worker over any part of the body of a customer at the
establishment. regardless of whether there is a touch or touching; or the use bv a worker, of
any part of his or her body to touch the genital. pubic region, buttock, anus or female breast
of another person while at the establishment, or the touching of the genital. pubic region,
buttock, anus or female breast of any worker by a customer while at the establishment.
(b) Conduct shall be a "straddle dance" regardless of whether the "touch" or "touching"
occurs while the worker is displaying or exposing any specified anatomical area.
C c) Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touching"
is direct or through a medium.
Cd) The terms "lap dance," "table dance," and "face dance" are included within the term
"straddle dance".
Worker: A person who works, performs, or provides services at an adult entertainment
establishment or at or for a sexually oriented business, irrespective of whether said person
is paid a salary or wage and shall include, but is not limited to, employees, independent
contractors, subcontractors, lessees, or sub-lessees who work or perform at an adult
entertainment establishment or at or for a sexually oriented business. An operator is a type
of worker.
Sec. 10-56. Notice.
Any notice required under this Article shall, unless otherwise provided in this Article, be
accomplished by posting upon the subiect premises and/or sending a written notification by
certified mail to the mailing address set forth on the application for the license or a permit.
This mailing address shall be considered the correct mailing address unless the City Manager
or his designee has been otherwise notified in writing.
Sec. 10-57. Penalties/remedies/relief.
Any person violating any of the provisions of this Article 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 iurisdiction of misdemeanors by the prosecuting
attorney thereof and, upon conviction, shall be punished by a fine not to exceed Five
City of Winter Springs
Ordinance No. 2003-41
Page 27 of 63
Hundred and No/l 00 Dollars ($500.00) or by imprisonment in the County jail not to exceed
sixty (60) days or by both fine and imprisonment as provided in Section 162.22. Florida
Statutes (2003). Each incident or separate occurrence of any act that violates this Article
shall be deemed a separate offense. In addition to the penalties provided under this section.
violators of this Article shall be subiect to any other appropriate civil or criminal action
provided by law in a court of competent jurisdiction. including. but not limited to. injunctive
relief.
Sec. 10-58. License required.
(a) Requirement. It is unlawful for any person to operate or to be an operator of or worker
at a sexually oriented business or an adult entertainment establishment which has not first
obtained a license which is applicable for said establishment or business pursuant to this
Article: or to continue to operate or be an operator of or worker at a sexuallv oriented
business or an adult entertainment establishment where that person knows or has reason to
know that the license of the establishment or business is under suspension. has been revoked
or has lapsed. The operation of a sexually oriented business or an adult entertainment estab-
lishment without a valid license. where applicable. is unlawful and shall be grounds for the
closing of the establishment or business upon a finding of fact by a court or other body with
proper jurisdiction that the establishment does not have a valid license.
(b) Licensing Office. Unless the City Manager designates in writing an office to administer
the provisions of this Article. he shall serve as the licensing office. The City Manager may
modify his designation from time to time in writing. When the phrase "City Manager or his
designee" is used in this Article. the designee referred to shall be the office designated in
writing pursuant to this Subsection.
(c) Classifications. Adult entertainment establishment and sexually oriented business
licenses referred to in this Article shall be classified as follows:
(1) Adult bookstore/adult video store:
(2) Adult performance establishment
(3) Adult motel:
(4) Adult theater:
(5) Commercial Bodily Contact Establishment
(6) Escort Service.
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(d) Single License/Single Classification of License. Only one (1 ) license may be issued
for a location and only under a single classification.
Sec. 10-59. Responsibilities of other offices and departments.
The City Commission is the legislative branch of the City of Winter Springs government.
Ultimate responsibility for the administration of this Article is vested in the City Manager
or his designee as set forth in this Article. Other departments having responsibility under this
Article are as follows:
(a) The City Manager or his designee is resoonsible for granting. denying. revoking.
renewing. suspending and canceling a license issued under this Article.
(b) The Police Chief is responsible for verifying information contained on applications for
inspecting proposed or existing adult entertainment establishments and sexually oriented
businesses in order to ascertain compliance with applicable criminal statutes and ordinances
including. but not limited to. those set forth in this Article. for determining whether license
applicants have been convicted of a felony or a specified criminal act within the previous five
(5) years and for enforcing applicable criminal statutes and ordinances including. but not
limited to. those set forth in this Article.
(c) The Building Official is responsible for inspecting establishments in order to ascertain
compliance with all applicable building codes. statutes. ordinances and regulations.
(d) The Fire Chief is responsible for inspecting establishments and businesses in order to
ascertain compliance with all applicable fire codes. statues. ordinances and regulations.
(e) The Community Development Department is responsible for ascertaining whether the
location of proposed sexually oriented businesses or adult entertainment establishments
comply with all separation. distance. zoning and location requirements of the Land Develop-
ment Regulations of the City of Winter Springs and set forth in this Article and whether
compliance with all applicable zoning regulations and land use laws is maintained.
Sec. 10-60. License application and application fee.
Any person desiring to engage in the business of operating an adult entertainment establish-
ment or a sexually oriented business shall file with the City Manager or his designee a sworn
application on forms supplied by the City. The application shall contain the information and
documents as provided in this Article and shall be accompanied by an application fee as
established in this Article. The application shall be signed by the applicant and verified by
the applicant before an officer authorized to take oaths and acknowledgments.
City of Winter Springs
Ordinance No. 2003-41
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Sec. 10-61. Contents of application.
(a) The completed application. shall be accompanied by the following documents and shall
be accompanied by a non-refundable application fee of TWO HUNDRED AND NOll 00
DOLLARS ($200.00) which shall be used to defray the costs of the application review
process by various offices and departments; provided. however. that the fee shall be applied
as a credit toward the annual license fee for licensing under this Article:
(b) If the applicant is:
(1) an individual. the individual shall state his or her legal name to include any and
all aliases. residential street address. residential telephone number. an address where
all correspondence from the City should be mailed. and submit proof that he is
eighteen (18) years of age by providing a copy of a valid driver's license. voter's
registration card or another State issued identification card; or a certified copy of a
birth certificate: or
(2) a partnership or trust the partnership or trust shall state its complete name. and
the names. residential street addresses. and telephone numbers of all partners.
whether the partnership is general or limited or trustees. the name and residential
street address of at least one (1) person authorized to accept service of process and.
if in existence. a copy of the partnership agreement; or
(3) a corporation. the corporation shall provide a copy of its articles of incorporation
stating its complete name. the date of its incorporation. evidence that the corporation
is in good standing. the names. residential street addresses. telephone numbers and
capacity of all officers and directors. and. if applicable. the name of the registered
corporate agent and the legal street address of the registered office for service of
process; or
(4) any other entity. the entity shall state its complete name. the date of formation.
the names. residential address. telephone numbers and capacity of all principal
owners. and the name and residential street address of one (1) person authorized to
accept service of process.
(c) If the applicant intends to conduct activities in the establishment or business under a
name other than that ofthe applicant the applicant shall state the establishment's or business'
fictitious name or names and the county of registration under Section 865.09. Florida
Statutes. or its successor and all business names and telephone numbers to be used by the
establishment or business.
City of Winter Springs
Ordinance No. 2003-41
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Cd) The applicant shall state whether the applicant or any of the other individuals listed on
the application has, within the five (5) year period immediately preceding the date of the
application, been convicted of a specified criminal act, and, if so, the specified criminal act
involved, the date of conviction and the place of conviction.
(e) The applicant shall state whether the applicant or any of the other individuals listed
pursuant to subsection (b) has had a previous license under this Article suspended or revoked
including the name and location of the establishment for which the license was suspended
or revoked, the date ofthe suspension or revocation, and whether the applicant or any other
individuals listed pursuant to subsection (b) has been a partner in a partnership or an officer,
director or principal stockholder of a corporation whose license under this Article has
previously been suspended or revoked, including the name and location ofthe establishment
for which the license was suspended or revoked, as well as the date of the suspension or
revocation.
(0 The applicant shall state whether the applicant or any other individuals listed pursuant
to subsection (b) holds any other licenses under this Article and, if so, the names and
locations of such other licensed establishments.
(g) The applicant shall state the single classification of license for which the applicant is
filing.
(h) The applicant shall state the location ofthe proposed establishment or business including
a street address, the name and address of the real property owner of the site, a notarized
statement of consent from the real property owner authorizing a sexually oriented business
or adult entertainment establishment on the site, and a legal description of the property on
which the establishment is to be located.
(i) The applicant shall provide the names of the workers for the proposed establishment or
business, if known, or, if presently unknown a statement to that effect.
(i) The applicant shall submit 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
exits and the fixed structural features, walls, stages, partitions, proiection booths, admission
booths, adult booths, concession booths, stands, counters and similar structures of the
establishment or business to which the proposed license pertains. The term "fixed structural
features" shall include immovable partitions and counters and similar structures that are
intended to be permanent.
(k) The applicant shall provide a mailing address, and, if different, a designated return
address where all future correspondence from the City may be sent and the applicant's tele-
phone number where communications and inquiries can be made.
City of Winter Springs
Ordinance No. 2003-41
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(1) The applicant shall provide a recent color photograph of the applicant in passport size if
an individual and of each officer and director if a partnership. corporation or other similar
entity.
em) The applicant shall provide the weight. height. color of eves. date of birth and gender
of the applicant if an individual and of each officer. director or owner if a partnership,
corporation or other similar entity.
(n) The applicant shall provide the applicant's social security account number or employer's
tax identification number and either the applicant's drivers license number or the number of
a Federal or State issued identification card if an individual and of each officer and director
or owner if a partnership, corporation or other similar entity.
(0) The applicant shall provide a complete set of the apolicant's fingerprints if an individual
and of each officer and director or owner if a partnership, corporation or other similar entity.
(p) The applicant shall provide a copy of the most recent lease or deed of conveyance.
whichever is applicable, indicating the applicant's interest in the proposed establishment.
(q) The applicant shall provide a statement of the hours of operations of the establishment
or business.
(r) It is unlawful for any person applying for an adult entertainment establishment or
sexually oriented business license to make a false statement which is intended to facilitate
the issuance of a license or to provide false information which is intended to facilitate the
issuance of a license.
Sec. 10-62. Continuing duty/false or misleadinf.: information.
(a) Each applicant shall be under a continuing duty and obligation to disclose to the City
Manager or his designee any and all changes or alterations in the information or disclosures
required by this Article. It is the dutv of each applicant to correct changed, false or erroneous
information provided in an application. It is unlawful for an applicant to fail to disclose
changes in information provided or to fail to correct false or erroneous information given in
an application immediately upon the applicant knowing or being in such a position that he
or she should have known that the information provided has changed or was false or
erroneous when provided.
(b) It is unlawful for any person applying for an adult entertainment establishment or
sexually oriented business license to make a false or misleading statement or provide false
or misleading information which is intended to facilitate the issuance of a license.
City of Winter Springs
Ordinance No. 2003-41
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Sec. 10-63. Consent.
By applying for a license under this Article. the applicant shall be deemed to have consented
to the provisions of this Article.
Sec. 10-64. Investigation of applicant.
Upon receipt of an application properly filed with the City Manager or his designee and upon
payment ofthe non-refundable application fee. the application shall be time and date stamped
and a copy of the application shall be forwarded to the Police Chief. the Fire Chief. the
Building Official. and the Community Development Department. Each recipient entity shall
promptly conduct an investigation of the applicant. application and the proposed establish-
ment within fifteen (15) days from the date that the application was filed. At the conclusion
of its investigation. each recipient entity shall indicate to the City Manager or his designee
its investigative findings relating to the application and the reasons therefor.
Sec. 10-65. Issuance or denial of license.
(a) Upon the completion of the investigation and a review of the application as required:
upon determination that the applicant meets the requirements of this Article and upon
payment of the appropriate license fee by the Applicant. the City Manager or his designee
shall within thirty (30) days of the application being filed issue the license.
(b) If after review and investigation as provided herein the City Manager or his designee
determines that one (1) or more of the reasons for denial set forth in Section 10-66 exist. the
application shall be denied. within thirty (30) days ofthe date that the application is filed. and
the City Manager or his designee shall issue a written and dated notice ofthe denial and the
reasons therefor. A copy of the notice shall be sent to the applicant by certified mail to the
designated return address on the application within five (5) days of the date of denial.
(c) The denial of an application shall be final. No further exhaustion of administrative
remedies shall be necessary for iudicial review of the administrative action.
(d) An applicant whose application is denied may immediately appeal as a matter of right
to a court of competent iurisdiction. which court shall promptly review said application.
Sec. 10-66. Reasons for denial of application of license.
The application for a license shall be denied if one (1 ) or more of the following reasons is
found:
City of Winter Springs
Ordinance No. 2003-41
Page 33 of 63
(a) The application does not comply with the requirements of this Article and statutes
expressly made applicable to adult entertainment and sexually oriented businesses such as
Section 847.0134, Florida Statutes.
(b) The application contains material false information.
(c) The applicant or any of the individuals stated in Section 10-61 of this Article has a
license under this Article which is under suspension.
(d) The applicant or any of the individuals stated in Section 10-61 of this Article is or was
at the time of suspension an officer, director or principal stockholder in an entity who has a
license under this Article which is under suspension.
(e) The applicant or any of the individuals stated in Section 10-61 of this Article had a
license under this Article which had been revoked within the preceding two (2) years, if a
first revocation; within the preceding four (4) years if a second revocation; and within a
preceding six (6) years if a third revocation.
(D The applicant or any of the individuals stated in Section 10-61 of this Article is or was
at the time of revocation an officer, director or principal stockholder in an entity who had a
license under this Article which had been revoked within the preceding two (2) years, if a
first revocation; within the preceding four (4) years if a second revocation; and within a
preceding six (6) years if a third revocation.
Sec. 10-67. Reapplication after denial.
The applicant may not reapply for a license for a period of nine (9) months from the date of
denial unless there has been an intervening change in the circumstances which may lead to
a different decision regarding the former reason(s) for denial.
Sec. 10-68. Annual license fee.
(a) There shall be collected under this Article annual license fees for the following
classifications of adult entertainment establishments and sexually oriented businesses:
(1) Adult bookstore/adult video store - SEVEN HUNDRED FIFTY AND NOll 00
DOLLARS ($750.00);
(2) Adulttheater-SEVENHUNDREDFIFTY AND NO/I00 DOLLARS ($750.00);
(3) Adult performance establishments - SEVEN HUNDRED FIFTY AND NO/l 00
DOLLARS ($750.00);
City of Winter Springs
Ordinance No. 2003-41
Page 34 of 63
(4) Adult motel- SEVEN HUNDRED FIFTY AND NOlI 00 DOLLARS ($750.00);
(5) Commercial bodily contact establishment - SEVEN HUNDRED FIFTY AND
NOll 00 DOLLARS ($750.00); and
(6) Escort Service - SEVEN HUNDRED FIFTY AND NOIlOO DOLLARS
($750.00).
(b) The annual license fees are declared regulatory in nature, collected for the purpose of
examination and inspection of adult entertainment establishments and sexually oriented
businesses under this Article and the administration thereof. This annual license fee is
hereby declared to be revenue neutral in that the City will incur a greater annual cost to
license and monitor an adult entertainment establishments and sexually oriented businesses
compliance with this Article These regulatory fees are in addition to, and not in lieu of, the
occupational licenses taxes imposed by the Winter Springs City Code or State law and other
land development or regulatory fees associated with general commercial activities and
locations.
Sec. 10-69. Contents of license. term of license. renewals. expiration. lapse.
nonconforming establishments.
(a) Contents. An adult entertainment establishment or sexually oriented business license
shall state on its face the name of the licensee, the name of the establishment, the street
address of the establishment, the classification of the license, the date of issuance, and the
date of expiration.
(b) Term. All licenses issued under this Article shall be annual licenses which shall
commence running on October I, on which date they shall have been paid for, and shall
expire on September 30 of the following year. If a license is issued after October L but by
March 31 of the following year, the applicant shall pay the appropriate license fee in full.
If a license is issued after March 31, but by October 1 of the same year, the applicant shall
pay one-halfthe appropriate license fee.
(c) Expiration/Renewal/Lapse. Each license shall expire on September 30 of each year
and may be renewed only by making an application for a license in accordance with the
provisions of this Article. Applications for renewal shall be made at least thirty (30) days
before the expiration date of the license. The City Manager or his designee shall issue or
deny the renewal application within thirty (30) days of the application being filed. Failure
to make application at least thirty (30) days before the expiration date will not suspend the
expiration of the current license and could result in a final determination on the renewal
application after the commencement of the new license year on October 1. Ifthe application
for a renewal is denied, the applicant may immediately appeal to a court of competent
iurisdiction, which court shall provide prompt iudicial review of said appeal.
City of Winter Springs
Ordinance No. 2003-41
Page 35 of 63
(d) Nonconforming Establishments. Unless expressly provided otherwise in this Article,
the nonconforming status of any adult entertainment and sexually oriented business shall be
governed by the nonconforming uses ofland and uses of structures provisions ofthe City's
Land Development Code.
Sec. 10-70. Records and reports.
Each licensee shall keep such records and make such reports as may be required by this
Article.
Sec. 10-71. Transfer of license.
It is unlawful for a licensee to transfer his, her or its license to another person or entity or
surrender possession, control. and operation of the licensed establishment to such other
person or entity.
Sec. 10-72. Establishment name chanf:e.
It is unlawful for a licensee to change the name of an adult entertainment establishment or
sexually oriented business unless and until the City Manager or his designee is given thirty
(30) days' notice in writing of the proposed name change and any and all changes or
alterations in the information or disclosures required by this Article are submitted to the City.
Sec. 10-73. Suspension and Revocation of License.
(a) For purposes of this Section 10-73, the term "violation" shall mean an incident having
occurred at, or by, an adult entertainment establishment or sexually oriented business which
is prohibited by the provisions ofthis Article or made unlawful by Chapters 561. 562, 563,
564,565, 794, 796, 800, 826, 827, 847, 893 or 895, Florida Statutes, or an analogous federal
statute.
(b) Inspection of Records and Premises. In the event that the City Manager or his designee
determines that the licensee or an operator at or of the licensee has refused to allow any
inspection of records or premises as required bv this Article: the Citv Manager or his
designee mav suspend the license for a period not to exceed thirtv (30) days.
(c) Suspension. The following suspension procedure shall apply when the City Manager
determines the violations have occurred without the licensee's knowledge. The Citv
Manager or his designee shall suspend a license when he or his designee determines that any
one (1 ) of the following has occurred:
(1) In the event three (3) or more violations occur within a two (2) year period, and
convictions result from at least three (3) of the violations, the City Manager or his
designee shall. upon the date of the third conviction, notify the licensee that the
license shall be suspended for a period ofthirty (30) days unless good cause is shown
in accordance with this Article, that the violations have not occurred. For purposes
of calculating this two (2) year period, the two (2) year period shall be deemed to be
City of Winter Springs
Ordinance No. 2003-41
Page 36 of 63
those twenty-four (24) months occurring immediately prior to the violation
occurrence date for which the thirty (30) day suspension is sought.
(2) In the event one (1) or more violations occur within a two (2) year period from
the date ofthe last violation occurrence date from which the conviction resulted in
a thirty (30) day suspension pursuant to subsection (b)(1 ). but not including any time
during which the license was effectively suspended. and a conviction results from
one (1) or more of the violations. the City Manager or his designee shall. upon the
date of the latest conviction. provide notice to the licensee that the license shall be
suspended for a period of ninety (90) days unless good cause is shown in accordance
with this Article that the violation has not occurred.
(3) In the event one (1) or more violations occur within a two (2) year period from
the date of the last violation occurrence date from which the conviction resulted in
a ninety (90) day suspension pursuant to subsection (b )(2). but not including any time
during which the license was effectively suspended. and a conviction results from
one (1) or more of the violations. the City Manager or his designee shall. upon the
date of the latest conviction. provide notice to the licensee that the license shall be
suspended for a period of One Hundred Eighty (180) days unless good cause is
shown in accordance with this Article that the violation has not occurred.
(d) Revocation. The following revocation procedure shall apply when the City Manager
determines the violations have occurred with the licensee's knowledge. The City Manager
or his designee shall revoke a license when he or his designee determines that anyone (1)
of the following has occurred:
(1) The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 1O-61(b) of this Article. gave false or misleading
information in the material submitted during the application process.
(2) The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 10-61 (b) of this Article has knowingly allowed
possession. use. or sale of controlled substances on the premises ofthe establishment
or business or when with a customer.
(3) The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 10-61(b) of this Article has knowingly allowed
prostitution on the premises of the establishment or business or when with a
customer.
(4) The licensee or any person on its or his behalf or any person listed on the
application pursuant to Section 10-61 (b) ofthis Article knowingly operated the adult
entertainment establishment or sexually oriented business during a period when the
licensee's license was suspended.
(5) Except in the case of an adult motel. the licensee or any person on its or his
behalf or any person listed on the application pursuant to Section 10-61 of this
City of Winter Springs
Ordinance No. 2003-41
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Article has knowingly allowed any specified sexual activities to occur on the
premises of the establishment or business.
( e) Effective Dates of Suspensions and Revocations.
(1 ) Except as otherwise provided in this Article. all periods of suspension and
revocation shall become effective fifteen (15) days after the City Manager or his
designee posts the notice of suspension or revocation at the licensee's establishment.
or on the date that the licensee turns in his. her or its license. whichever happens first.
(2) The suspension or revocation shall be abated in the event that the licensee files
a timely challenge to the suspension or revocation in accordance with the procedures
set forth in this Article or upon order of a court of competent jurisdiction.
(3) If an adult entertainment establishment or sexually oriented business license is
revoked for the first time. the licensee shall not be issued another adult entertainment
establishment or sexually oriented business license for a period of two (2) years
running from the date the revocation actually takes effect after all abatement periods
have lapsed.
(4) If an adult entertainment establishment or sexually oriented business license is
revoked for the second time. the licensee shall not be issued another adult
entertainment establishment or sexually oriented business license for a period offour
(4) years running from the date the revocation actually takes effect after all abatement
periods have lapsed.
(5) If an adult entertainment establishment or sexually oriented business license is
revoked for the third time. the licensee shall not be issued another adult entertainment
establishment or sexually oriented business license for a period of six (6) years
running from the date the revocation actually takes effect after all abatement periods
have lapsed.
(f) Other Remedies. Notwithstanding the provisions of this Section. the City may pursue
any and all other available remedies through anv and all other available processes and
procedures available to correct violations of City codes. Included within such remedies are
the enforcement actions set forth in this Article. actions in a court of competent jurisdiction
for injunctive or other appropriate relief. criminal prosecution. code enforcement
proceedings. the issuance of citations. the suspension or revocation of permits relating to
health or safety matters. and any and all other remedies available under the laws ofthe State
of Florida and the United States.
Sec. 10-74. Suspension and revocation proceedings.
(a) Challenge to Suspension or Revocation. If the City Manager or his designee notifies
a licensee in writing of the pending suspension or revocation of a license as provided in
Section 10-73 of this Article. then the suspension or revocation shall become final and
effective fifteen (15) days after mailing to the licensee's record address. posting at the
City of Winter Springs
Ordinance No. 2003-41
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licensed establishment. or actual delivery of the notice to the licensee. unless the licensee
first files with the City Manager or his designee a written response stating the reasons why
the suspension or revocation is alleged to be in error or inappropriate and a written notice of
intent to challenge the suspension or revocation requesting a hearing to determine whether
the suspension or revocation will become effective. The suspension or revocation shall be
abated in the event that a licensee files a timely challenge to the suspension or revocation in
accordance with the procedures of this Article or upon an order of a court of competent
iurisdiction. A suspension or revocation already in effect. but not previously challenged in
a suspension or revocation hearing. may be challenged in the same manner but is not abated
during the proceedings.
(b) Hearing on Suspension or Revocation. When a licensee files a written response and
notice of intent to challenge a pending or existing suspension or revocation then a public
hearing to determine if the pending suspension or revocation will become effective and final
shall be held by the Hearing Officer appointed by the City Commission. The City Manager
or his designee shall notify the City Attorney and any appropriate City offices who shall
schedule and provide notice of the hearing date and time.
(1) Appointment. term and compensation of hearing officer:
(A) Three (3) hearing officers shall be appointed by the City Commission.
and they shall be attorneys duly licensed to practice law in the State of
Florida. who have practiced in the State for at least 5 years.
(B) Hearing officers shall be subiect to removal with or without cause. by the
City Commission. Hearing officers shall not be considered to be City
employees. although they may receive compensation for their services and
also may be reimbursed for such travel. mileage and per diem expenses as
may be authorized.
(C) Because only attorneys may hold the position of hearing officer. the City
Commission shall not be required to retain an attorney to represent the
hearing officer.
CD) It shall be unlawful for a hearing officer to act as an agent or an attorney
for a party involved in a determination under the provisions ofthis section or
to be otherwise involved with any matter arising under this section which will
come before the City during the term of the hearing officer's appointment.
Further. a hearing officer shall not initiate or consider ex parte
communications or other communications with any party of interest to a
hearing officer concerning the substance of any proceeding to be heard by a
hearing officer. However. the foregoing does not prohibit discussions
between the hearing officer and City staff that pertain solely to scheduling
and other administrative matters unrelated to the merits of the application.
If a person engages in an ex parte communication with the hearing officer. the
hearing officer shall place on the record of the pending case all ex parte
City of Winter Springs
Ordinance No. 2003-41
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written communications received. all written responses to such
communications. a memorandum stating the substance of all oral
communications received. and all oral responses made. and shall advise all
parties that such matters have been placed on the record. Any party desiring
to rebut the ex parte communication shall be entitled to do so but only if such
party requests the opportunity for rebuttal within ten (10) days after notice of
such communication. If he or she deems it necessary due to the effect of an
ex parte communication received by him. the hearing officer may withdraw
from the case and the City Commission shall appoint another hearing officer
to handle the case.
(m Selection of Hearing Officer. The City Manager and licensee shall each
have the right to eliminate one (1) of the three (3) hearing officers selected
by the City Commission. The one (1 ) hearing officer not eliminated by either
party shall act as the hearing officer for the license revocation hearing. In the
event licensee objects to all three (3) hearing officers. then the City
Commission shall choose the hearing officer from the list of three (3) hearing
officers absent a showing of clear prejudice by the licensee.
(2) The hearing officer shall have the power to:
(A) Adopt rules for the conduct of the hearing:
(B) Subpoena licensees and witnesses to its hearings. Subpoenas may be
served by the Casselberry Police Department and/or other law enforcement
agencies with jurisdiction to serve subpoenas:
(C) Subpoena evidence to its hearings:
(D) Administer oaths and take testimony under oath: and
(E) Issue an order having the force oflaw suspending or revoking the license.
(3) The suspension or revocation hearing shall be held within thirty (30) davs of the
City Manager's receipt of a written challenge and request for a hearing by the
aggrieved licensee.
(4) The participants before the Hearing Officer shall be the licensee. any witnesses
of the licensee. the City Manager or his designee and any witnesses of the City
Manager or his designee. All witnesses shall provide their legal name. mailing
addresses and telephone number.
(5) The procedures used shall be those typically used in a civil case with the City
Manager or his designee having the burden of proof by preponderance of the
evidence.
City of Winter Springs
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(6) Testimony and evidence may be submitted by any witness but shall be limited
to matters directly relating to the grounds for suspension or revocation. Irrelevant.
immaterial. or unduly repetitious testimony or evidence shall be excluded.
(7) All testimony shall be under oath. The Hearing Officer shall decide all questions
of procedure and standing. All hearings shall be open to the public. Minutes shall
be kept at all hearings. Unless otherwise mutually agreed to between the licensee and
the City Manager or his designee. the order ofpresentation oftestimony and evidence
shall be as follows:
(A) The City Manager or his designee and any witnesses of the City Manager
or his designee.
(B) The licensee and any witnesses of the licensee.
(C) Rebuttal witnesses from the City Manager or his designee.
(D) Rebuttal witnesses from the licensee.
(E) Summation by the City Manager or his designee.
(F) Summation by the licensee.
(8) The Hearing Officer may also call and question witnesses or request additional
evidence as the Hearing Officer deems necessary and appropriate.
(9) The City shall provide a hearing room and clerical staff as may be reasonably
required by the Hearing Officer to conduct hearings and perform his or her duties.
(10) Each party to the hearing shall have the right to call and examine witnesses.
introduce exhibits. cross-examine opposing witnesses. impeach witnesses and rebut
evidence.
(11) The licensee has the right. at his or her own expense. to be represented by an
attomev at any hearing.
(12) All testimony before the hearing officer shall be under oath and shall be
recorded. The licensee or the City may cause a verbatim record of the proceedings
to be made.
(13) If the Hearing Officer comes to believe that any facts. claims. or allegations
necessitate additional review or response by either the licensee or the City Manager
or his designee. then the Hearing Officer may order the hearing continued until an
announced date certain. not to exceed thirty (30) days from the date of continuance.
The Hearing Officer shall render a final decision on the appeal within sixty (60) days
ofthe City Manager's receipt of licensee's written notice of challenge.
City of Winter Springs
Ordinance No. 2003-41
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(c) Filin~ of Decision. The original of the written decision of the Hearing Officer shall be
filed with the City Clerk and copies shall be delivered or mailed to the licensee, the City
Manager or his designee and the City Police Department.
(d) Judicial Review. Any person who participated in a suspension or revocation hearing
before the Hearing Officer and who is aggrieved by the decision of the Hearing Officer may
immediately challenge the decision in any court of competent jurisdiction pursuant to the
Rules of Procedure of that court. The record of the hearing shall consist of the complete
record of the proceedings before the Hearing Officer. The Hearing Officer's decision shall
be promptly reviewed by the court.
(e) Requirement of Exhaustion Procedures. Judicial review of a suspension or
revocation, or related hearing or appeal proceedings, shall be available only after the
administrative procedures and remedies set forth in this Section have been exhausted.
(f) Notice of Final Suspension or Revocation. Ifno response or request for a suspension
or revocation hearing is filed within fifteen (15) days of the notice of a pending suspension
or revocation, or ifthe licensee who requested the hearing does not appear at the suspension
or revocation hearing after notice, or if the Hearing Officer decides after a hearing that a
pending suspension or revocation will become finaL then the City Manager or his designee
shall issue to the licensee notice of final suspension or revocation ofthe adult entertainment
license and mail or arrange delivery of the notice to the licensee's record address.
(g) Effective Date of Suspension or Revocation. The suspension or revocation of a license
shall take effect the day after delivery of a notice of final suspension or revocation to the
licensee in person, by posting on the licensed establishment, or by mail to the licensee's
record address, or on the date the licensee surrenders the license, whichever happens first.
The licensee shall immediately return and surrender a revoked license to the City Manager
or his designee or surrender the revoked license, upon demand, to a member of the Police
Department.
Sec. 10-75. Worker records.
(a) Each adult entertainment establishment and sexually oriented business, regardless of
whether it is licensed under this Article, shall create, establish and maintain a record of all
workers of the establishment or business. The record shall contain the worker's full legal
name and any aliases and all past or current aliases ofthe worker; his or her date of birth; his
or her residential address; his or her residential or cellular telephone number (if any) and all
pager numbers and other similar numbers used; his or her driver's license number and a
photocopy of the license; his or her state or federally issued identification card number
including the worker's social security account number; the employment status of the worker
including, but not limited to, whether the worker is a salaried employee, an independent
contractor, a lessee, a sub-lessee, a subcontractor allowed to work at the establishment, or
such other arrangement as may be in place; whether income taxes are withheld for the
worker; and a recent passport type photograph of the worker as of the date of association
with the establishment which accurately reflects the date on which the photograph was taken.
City of Winter Springs
Ordinance No. 2003-41
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Said records shall be maintained for a period of no less than two (2) years from the date the
worker is separated from employment.
(b) The original records required by subsection (a) or true and exact photocopies thereof.
shall be kept at the adult entertainment establishment or sexually oriented business at all
times including clear photographs.
(c) All operators of an adult entertainment establishment or sexually oriented business shall
be responsible for knowing the location of the original records. or the true and exact
photocopies thereof.
(d) All operators of an adult entertainment establishment or sexually oriented business shall.
upon request by a law enforcement officer or the City Manager or his designee. make
available for immediate inspection the original records. or the true and exact photocopies
thereof at any time when the establishment or business is open for business.
Sec. 10-76. General requirements for all adult entertainment establishments and
sexually oriented businesses.
(a) Each adult entertainment establishment and sexually oriented business. regardless of
whether it is licensed under this Article. shall observe the following general requirements:
(1) Conform to. comply with and abide by all applicable safety. employer related.
building. fire. health. zoning or land use statutes. codes. ordinances. rules and
regulations. whether Federal. State or local.
(2) Keep the adult entertainment establishment or sexually oriented business license
posted and prominently displayed in a conspicuous place at the establishment or
business at all times. which license shall be available for inspection upon request at
all times by the public. any law enforcement officer and the City Manager. or his or
her designee. when the establishment or business is open for business.
(3) Opaquely cover each non-opaque area where a person outside the adult
entertainment establishment or sexually oriented business may otherwise see inside
the establishment or business.
(4) Provide to any law enforcement officer and the City Manager or his designee.
during all hours of operation or when an operator is present at the establishment.
access through the main entrance and into all areas of the establishment where
customers are permitted without the necessity of using a key. computer entry.
password or seeking clearance from a worker or customer to obtain entry through an
electronically operated door or entryway.
(5) Install. construct. keep. maintain or allow only those signs at the establishment
or building exterior which comply with the provisions relating to signage in the Land
Development Regulations of the City of Winter Springs.
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Ordinance No. 2003-41
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(6) Not allow any person under eighteen (18) years of age to be present when
services are provided to or performed for a customer or when the establishment or
business is open for business.
(7) Not emplov or provide goods or services to any person under eighteen (18) years
of age.
(8) Not provide. offer or engage in any services to any person when not licensed to
do so under this Article.
(9) Not operate when a license issued pursuant to this Article has been suspended.
revoked or canceled or when the license is expired.
(10) Not permit any animal except seeing eye dogs accompany a worker or customer
when services are provided or performed.
(11) Not place. operate or contain video cameras. transmitting or taping equipment
anywhere on the premises except where customers are advised in advance by posted
notice.
(12) Not advertise the presentation of any activity prohibited by any law. rule or
regulation whether Federal. State or local.
(13) Ensure that the view areas specified in this Article remains unobstructed by any
doors. walls. merchandise. display racks or other materials at all times that any
customer is present in the premises so as to ensure that no customer is permitted
access to any area of the premises which has been designated as an area in which
non-workers will not be permitted.
(14) Ensure that at least one (1) operator is on duty and present at the establishment
or business when the establishment or business is open for business who is
responsible and knows the whereabouts of all records required by this Article. Said
operator's name shall be conspicuously posted on the premises at all times the
business or establishment is open for business.
(15) Ensure that at least one (1 ) operator is situated in each manager's station, when
required by this Article. at all times that any customer is present inside the premises.
(16) Ensure that the premises are equipped with overhead lighting fixtures of suffi-
cient intensity to illuminate every place to which customers are permitted access at
an illumination of not less than fifteen to twenty (15-20) average maintained foot
candles as measured thirty-five inches 05") above the floor level. The light shall be
maintained at all times any customer is present in the premises.
(17) Not alter or otherwise change the contents of an adult entertainment
establishment or sexually oriented business license.
City of Winter Springs
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(18) Ensure that each exterior entrance and exit door for use by customers and
interior doors which permit entrance to the interior and exit to the interior from any
interior foyer area shall remain unlocked when any person who is not a worker is
inside the establishment.
(19) Establish, create and maintain worker records as required by this Article.
Sec. 10-77. Sexually oriented businesses.
In addition to the general requirements for adult entertainment establishments and sexually
oriented businesses contained in this Article, a sexually oriented business shall, regardless
of whether it is licensed thereunder, comply with the following general requirements:
(a) Post in an open and conspicuous place a list of services provided by the sexually oriented
business which services shall be described clearly in the English language along with a
specification as to the cost of each service.
(b) Provide each customer, in advance of any service being provided, with a written
customer contract, written clearly in the English language, setting forth the service or
services to be rendered, the cost of such service or services, the actual full name of the
worker providing the service and actual full name, address and date of birth of the customer
as reflected on a State or Federally issued identification card or drivers license and the
customer's telephone number.
(c) Create, establish and maintain a daily register in a format provided by the City Manager,
or his or her designee, containing the actual full names and addresses of all customers as
reflected on a State or Federally issued identification card or drivers license, the services
performed, the time expended, the mode of payment and the full name of the worker
providing the service.
(d) Not allow any worker of the sexually oriented business to accept any tip or gratuity,
directly or indirectly, from a customer in addition to the service fee specified in the customer
contract.
( e) Maintain all customer contracts and daily registers for a period of two (2) years following
the customers date of service.
Sec. 10-78. Adult theater provisions.
In addition to the general requirements relating to adult entertainment establishments and
sexually oriented businesses contained in this Article, an adult theater, regardless of whether
it is licensed under this Article, shall:
(a) If the adult theater contains an auditorium or hall, comply with each of the following
proVISIOns:
City of Winter Springs
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(1) have individual and separate seats (not couches, benches, or other seating
configurations allowing or providing for the seating of multiple persons on the same
item of furniture) to accommodate the maximum number of persons who may occupy
the area:
(2) have a continuous main aisle alongside of the seating areas in order that each
person seated in the areas shall be visible from the aisle at all times:
(3) have a sign posted in a conspicuous place at or near each entrance to the
auditorium or hall which lists the maximum number of persons who may occupy the
auditorium or hall area, which number shall not exceed the number of seats within
the hall or auditorium area: and
(4) be illuminated at an illumination of not less than fifteen to twenty (15-20) foot
candles average maintained as measured at thirty-five inches (35') above the floor
level and shall maintain the light at all times so that any customer present in the hall
or auditorium may be seen.
(b) lfthe adult theater contains adult booths, each adult booth shall comply with each ofthe
following provisions:
(1) have a sign posted in a conspicuous place at or near the entrance which states the
maximum number of persons who may occupy the booth, which number shall
correlate with the number of seats in the booth:
(2) have a permanently open entrance not less than three feet (3') wide and not less
than six feet (6') high, not capable of being closed or partially closed by any curtain,
door, or other partition which would be capable of wholly or partially obscuring any
person situated in the booth: provided, however, that the requirements of all building
and related codes shall also be complied with:
(3) have individual, separate seats (which are not couches, benches, or other seating
configurations allowing or providing for the seating of multiple persons on the same
item of furniture) which correlate with the maximum number of persons who mav
occupy the booth:
(4) have a continuous main aisle alongside the booth in order that each person
situated in the booth shall be visible from the aisle at all times:
(5) have an illuminated and continuous main aisle in which workers and customers
can be seen from one end to the other: and
(6) have, except for the entrance, walls or partitions of solid construction without
any holes or openings in such walls or partitions.
(c) Have one (1 ) or more manager's stations.
City of Winter Springs
Ordinance No. 2003-41
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(d) Configure the interior of the premises in such a manner that there is an unobstructed
view from a manager's station of every area of the premises to which any customer is
permitted access for any purpose excluding restrooms.
(e) If the premises has two (2) or more manager's stations designated, configure the interior
of the premises in such a manner that there is an unobstructed view of each area of the
premises to which any customer is permitted access for any purposes from at least one (1)
ofthe manager's stations. The view required in this subsection shall be by direct line of sight
from the manager's station.
(D If the adult theater is designed to permit outdoor viewing by persons seated in
automobiles, cause the motion picture screen so situated, or the perimeter of the
establishment so fenced, such that the material to be seen by those persons may not be seen
from any public right of way, property assigned a residential zoning classification or assigned
a residential land use designation, any religious institution or church, any educational
institution or school. or from a park.
(g) Cover the floors of areas accessible to customers with smooth and non-permeable
flooring material which can withstand frequent effective cleaning with industrial strength
cleaning agents. Carpeting of any type is prohibited.
(h) Use smooth and non-permeable upholstery material. which can withstand frequent
cleaning with industrial strength cleaning agents, to cover furniture permitted bv this Article
for the use of customers.
(i) Have, in areas accessible to customers, interior wall surfaces which can withstand
frequent cleaning with industrial strength cleaning agents.
(i) Use only those shades and blinds which can withstand frequent cleaning with industrial
strength cleaning agents. (Draperies are prohibited).
(k) Maintain areas accessible to customers in a clean and sanitary condition.
(I) Keep all furniture upholstery material free from holes and rips.
em) Utilize an appropriate and effective adaptation ofthe U.S. Center for Disease Controls
universal precautions for the storage and transmission of the HIV virus and other diseases
when cleaning or sanitizing the establishment.
Sec. 10-79. Adult performance establishment provisions.
(a) In addition to the general requirements for adult entertainment establishments and
sexually oriented businesses contained in this Article, an adult performance establishment
shall, regardless of whether it is licensed under this Article, have a stage provided for the
expressive display or exposure of any worker's specified anatomical areas to a customer
consisting of a permanent platform (or other similar permanent structure) raised a minimum
of eighteen inches (18") above the surrounding floor and encompassing an area of at least one
City of Winter Springs
Ordinance No. 2003-41
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hundred (100) square feet. The stage shall be located at least three feet (3') from the nearest
table, chair, area or other accommodation where customers are seated or otherwise located:
provided, however, that a table at which any customer is seated or served shall not be used
as a stage.
(b) Notwithstanding the stage requirement in subsection (a), an adult performance
establishment may also have smaller stages for the expressive display or exposure of a
worker's specified anatomical areas to a customer consisting of permanent or removable
platforms raised a minimum of eighteen inches (18 ") above the surrounding floor from where
customers are seated or located: provided, however, that a table at which any customer is
seated or served shall not be used as a stage.
(c) In addition to the general requirements for adult entertainment establishments and
sexually oriented businesses contained in this Article, an adult performance establishment
shall. regardless of whether it is licensed under this Article:
(1) Prohibit persons engaged in displaying or exposing specified anatomical areas
from dancing or simulating sexual activity with any patron, spectator, employee, or
other person on the premises of an adult performance establishment: and
(2) Not suffer or permit any person maintaining, owning or operating an adult
performance establishment to construct, maintain, or use 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: and
(3) Not permit any person or customer on the premises of an adult performance
establishment to use or to be present in areas partitioned or screened from public
view that are designed to be occupied together or along by any person or persons on
the premises of such establishment for the display or exhibition of specified
anatomical areas: and
(4) Post a si?J1 which is clearly legible and located in a conspicuous place setting
forth that straddle dancing is strictly prohibited: and
(5) Not place or permit the placement of a bed or mattress in the establishment.
Sec. 10-80. Commercial bodily contact establishments provisions.
In addition to all general requirements of this Article pertaining to adult entertainment
establishments and sexually oriented businesses contained in this Article, a commercial
bodily contact establishment, regardless of whether it is licensed under this Article, shall:
(a) Operate only from a fixed physical location which is set forth on its sexually oriented
business license and all required occupational licenses.
City of Winter Springs
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(b) Not advertise, offer or provIde any other service other than services which are posted.
(c) Provide clean linen and towels for each customer when towels and linens are used during
the course of providing services to a customer: provided, however, that heavy white paper
may be substituted for sheets if such paper is used for only one (1) customer and then
discarded into a sanitary receptacle.
(d) Store clean linen, towels and other materials used in connection with providing
commercial bodily contact in closed cabinets.
(e) Disinfect and sterilize non-disposable instruments after each use on a customer.
(f) Cause all workers to conceal their specified anatomical areas with an opaque covering
at all times when on the premises ofthe business by wearing an opaque surgical type gown.
(g) Not encourage, allow or permit any customer to consume food or beverages in the
business.
(h) Provide commercial bodily contact in an area wherein such area is visible at all times
from common areas in the establishment. No contact may occur in a separate or individual
cubicle, room, booth or area which is not visible from common areas of the establishment
and a receptionist area: provided, however, that if male and female customers are provided
services at the same time, separate work areas shall be established for each gender.
(i) Not advertise, display, publish, exhibit, place, distribute or promote on any advertising
matter or signage services that are not posted or a suggestion that services not posted will be
provided.
(i) Not advertise, display, publish, exhibit, place, distribute or promote on any advertising
matter or signage any suggestion that workers will be dressed in any manner other than as
required in this Article.
(k) Not begin a meeting or service with a customer between 10:00 p.m. of any day of the
week and 9:00 a.m. the following day.
(1) Not provide services at any place other than a physical location licensed to provide
commercial bodily contact under the provisions of this Article.
(m) Not place orpermit the placement of any bed, mattress or sofa at the business: provided,
however, that a sofa may be placed in the reception area open to the public at the main
entrance of the business and cots or padded mats may be used when providing commercial
bodily contact.
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Sec. 10-81. Escort service.
In addition to all general provisions pertaining to adult entertainment establishments and
sexually oriented businesses contained in this Article, an escort service, regardless ofwhether
licensed under this Article, shall:
(a) Not advertise, offer or perform any other service than services which are posted.
(b) Cause all workers and escorts to conceal their specified anatomical areas with an opaque
covering at all times when on the premises of the escort service.
(c) Not advertise, display, publish, exhibit, place, distribute or promote on any advertising
matter or signage services that are not posted or a suggestion that services not posted will be
provided.
(d) Not begin a meeting or service with a customer between 10:00 p.m. of any day of the
week and 9:00 a.m. the following day.
(e) If offering or providing escorts or escort service within the City of Winter Springs, each
escort service shall notify the City Manager or his designee of an authorized physical
location, which mayor may not be within the City, from where the escort service operates
and dispatches escorts.
(f) Include in all advertising or promotional literature posted, placed, published, or
distributed within the City of Winter Springs the number of a valid sexually oriented
business license issued by the City unless the escort service does not refer, send, or dispatch
escorts to any location within the iurisdictionallimits of the City of Winter Springs.
(g) Each escort service shall ensure that every escort and worker of the escort service is
provided with a copy ofthe escort service's license and carries it while working as an escort
for the service, and displavs said license upon the request of any law enforcement officer or
the City Manager or his designee. In addition to a COPy ofthe escort service's license, each
escort service shall ensure that each escort has an occupational license to engage in the
occupation of escort within the City and that they carry said license while working, and
displays said license upon the request of any law enforcement officer or the City Manager
or his designee. Notwithstanding the foregoing, an escort or worker of an escort service who
is a paid employee for whom taxes and social security payments are withheld and paid by the
licensed escort service and who is not an independent contractor may substitute and carry a
copy ofthe sexually oriented business/escort service license ofthe employing escort service
only, provided that worker records as required by this Article are created and maintained by
the licensed escort service.
(h) lfa meeting with or the service ofa customer occurs at a location not open to the public,
then the escort shall check in with the on duty manager ofthe premises in person where the
meeting or service occurs or begins prior to meeting or servicing a customer and advise the
manager of the following: names of the escort(s), the escort service and customer(s): the
escort's time of arrival and estimated time of departure: and a copy of the escort service's
City of Winter Springs
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sexually oriented business license and the escort's own occupational license, if applicable,
and the location ofthe meeting within the structure.
Sec. 10-82. Engaging in prohibited activity: customers.
(a) It is unlawful for any customer in or for an adult entertainment establishment or sexually
oriented business regardless of whether licensed pursuant to this Article to do any of the
following acts:
(1) To engage or participate in a straddle dance at the establishment or business.
(2) To offer, contract or otherwise agree to engage or participate in a straddle dance
with a person at the establishment or business.
(3) To engage or participate in any specified sexual activity at the establishment or
business or while in the presence of a worker.
(4) To display or expose while in the presence of a worker or when at the
establishment or business any specified anatomical area.
(5) To offer or deliver a tip or gratuity to any worker of an establishment or business
before, during or after the provision of services except at an adult performance
estab lishment.
(6) If a worker is a female, to intentionally touch, fondle or manipulate her on her
clothed or unclothed breast(s), either directlv or through a medium.
(7) To intentionally touch, fondle, massage, or manipulate any specified anatomical
area of a worker, a customer, or himself or herself, whether clothed or unclothed, on
the premises of the establishment or business.
(8) To intentionally touch, fondle, massage or manipulate a worker on any specified
anatomical area when at or receiving services from the adult entertainment
establishment or sexually oriented business.
(9) To intentionally touch, fondle, massage or manipulate the clothed or unclothed
breast(s) of a female worker, or to touch the clothed or unclothed body of a worker
at any point below the waist and above the knee of the worker when at an adult
entertainment establishment or sexually oriented business.
(10) To occupy an adult booth in which booth there are more people than that
specified on the posted sign required by this Article.
(11) To otherwise violate or aid or abet a violation of this Article.
(12) To encourage or solicit any worker to engage in any specified sexual activity.
City of Winter Springs
Ordinance No. 2003-41
Page 51 of 63
(b) It is unlawful for any customer at or of a sexually oriented business to do any of the
following acts regardless of whether the establishment is licensed pursuant to this Article:
0) To intentionally touch, massage or manipulate, directly or indirectly or through
a medium while on the premises of the establishment or when with a worker, the
customer's specified anatomical areas.
(2) To solicit any worker to provide a service not posted.
(3) To solicit or receive any service not indicated and contracted for in the written
customer contract.
(4) To provide to the worker providing the service either directly, indirectly or
through a medium, any tip, gratuity or other consideration beyond the fee specified
in the customer contract.
(5) To expose any specified anatomical area to the view of a worker.
Sec. 10-83. Engaging in prohibited activity: workers / operators.
(a) It is unlawful for any worker of an adult entertainment establishment or sexually oriented
business, regardless of whether licensed under this Article, to do any of the following acts
or for an operator of an adult entertainment establishment or sexually oriented business,
regardless of whether licensed hereunder, to knowingly permit, suffer, aid, allow or
encourage any worker to do any of the following acts:
0) To engage or participate in a straddle dance with a customer at the establishment
or business.
(2) To offer, contract or otherwise agree with a customer to engage or participate in
a straddle dance with a person at the establishment or business.
(3) To engage or participate in any specified sexual activity or activities at the
establishment or business with a customer, him or her self or a worker.
(4) To display or expose at the establishment or business specified anatomical areas
except in accordance with the provisions ofthis Article and other applicable law.
(5) To request or accept a tip or gratuity from a customer except at an adult
performance establishment.
(6) To work in an adult entertainment establishment or sexually oriented business
that he or she knows or should know is not licensed under this Article, or which has
a license which is under suspension, has been revoked or canceled, or has expired,
regardless of whether he, she or it has applied for and obtained a license under this
Article.
City of Winter Springs
Ordinance No. 2003-41
Page 52 of 63
(7) To display or expose specified anatomical areas while engaging in personal
advertising, pandering, or so licitation, whether passive or otherwise, on behalf of the
worker, any other worker, or the establishment or business while situated outside any
structure at the establishment or business, or at a place at the establishment or
business where the worker is visible from any public right-of-way or sidewalk.
"Personal advertising" means encouraging or enticing, by whatever direct or indirect
means, potential customers outside the doors of the establishment or business to enter
the establishment or business.
(8) To suffer, permit, or allow any door of the business or establishment that is
visible from a public right-of-way or sidewalk to be opened or remain opened except
when a person is entering or exiting the establishment or business.
(9) To allow or encourage a customer to intentionallv touch or fondle, either directly
or through a medium, any specified anatomical area of the customer, a worker or
another customer.
(10) If the worker is a female, to allow herself to be intentionally touched on her
clothed or unclothed breast(s) by a customer.
(11) If a worker is a female, to allow herself to be intentionally touched by a
customer on any portion of her body below the waist and above the knee.
(12) To display or expose any specified anatomical area unless such worker is in an
area described in Subsections 1 0-79( a) or 1 0-79(b) of this Article, and the stage on
which the worker is located is not located between the legs of a customer.
(13) To provide or engage in any private performance described in Subsection 10-
79( c) of this Article.
(
(14) To remain in the presence of a customer who is exposing specified anatomical
areas at the establishment or in the presence of a worker or another customer.
(15) To violate or aid or abet in'a violation of the provisions of this Article.
(16) To encourage or knowingly permit any customer to intentionally touch, fondle,
massage or manipulate, either directly or indirectly through a medium, any of the
customer's specified anatomical areas on the premises ofthe establishment or when
in the presence of another customer or worker.
(17) To encourage or solicit any customer to engage in any specified sexual activity.
(18) To intentionally touch, fondle, massage or manipulate any customer on the
customer's clothed or unclothed body between the waist and above the knee.
(b) It is unlawful for any worker of a sexually oriented business, regardless of whether it is
licensed under this Article, to do any of the following acts, or for an operator of a sexually
City of Winter Springs
Ordinance No. 2003-41
Page 53 of 63
oriented business, regardless of whether it is licensed under this Article, to knowingly or with
reason to know permit suffer or allow any worker to commit any of the following acts:
(1) To accept a tip or gratuity from or on behalf of a customer in addition to the
service fee stated in the written customer contract.
(2) To begin a meeting or service, continue a meeting or service, solicit a meeting
or service or make or solicit a sale between the hours of 10:00 p.m. of any particular
day and 9:00 a.m. the following day.
(3) Provide commercial bodily contact except at the physical structure of the
establishment which has a commercial bodily contact establishment license.
(4) To provide any service not posted as required by this Article.
(5) To provide any service without first executing a customer contract.
(c) It is unlawful for any worker of an adult entertainment establishment or sexually oriented
business, regardless of whether licensed pursuant to this Article, to knowingly permit, suffer,
aid, allow or encourage any customer to do any of the following acts:
(1 ) To intentionally touch, fondle, massage or manipulate, either directly or
indirectly through a medium, any ofthe customer's specified anatomical areas when
at the establishment or business or while in the presence of a worker or anther
customer.
(2) To intentionally touch, fondle, massage or manipulate, either directly or
indirectly through a medium, any specified anatomical area of another customer or
a worker when at the establishment or business or while in the presence of a worker
or customer.
(3) To engage in any specified sexual activities at the establishment or business with
a worker, customer, him or her self or with another customer.
(4) To expose the customer's specified anatomical areas at the establishment or
business or when receiving services or when in the presence of a worker or another
customer.
(5) To engage or participate in a straddle dance.
(6) To intentionally touch, fondle, massage or manipulate a worker at any point
below the waist and above the knee.
(7) To intentionally touch a female worker on the clothed or unclothed breast.
City of Winter Springs
Ordinance No. 2003-41
Page 54 of 63
Sec. 10-84. Operation without license.
It is unlawful for any person to be an operator of or at or to be a worker for an adult
entertainment establishment or sexually oriented business where the person knows or should
know:
0) that the establishment or business does not have an adult entertainment
establishment or sexually oriented business license for the applicable classification.
(2) that the establishment or business has a license which is under suspension.
(3) that the establishment or business has a license which has been revoked, canceled
or has expired.
Sec. 10-85. Operation contrary to operational requirements.
(a) It is unlawful for any person to be an operator of an adult entertainment establishment
or sexually oriented business which does not satisfy all ofthe requirements of Section 10-76
of this Article, regardless of whether the establishment is licensed thereunder.
(b) It is unlawful for any person to be an operator of a sexually oriented business which does
not satisfy all ofthe requirements of Section 10-77 ofthis Article regardless of whether the
establishment is licensed thereunder.
(c) It is unlawful for any person to be an operator of an adult performance establishment
which does not satisfy all of the special requirements of Section 10-79 of this Article
regardless of whether licensed thereunder.
(d) It is unlawful for any person to be an operator of an adult theater which does not satisfy
all of the special requirements of Section 10-78 of this Article regardless of whether the
establishment is licensed thereunder.
(e) It is unlawful for any person to be an operator of an escort service which does not satisfy
all of the special requirements of Section 10-81 of this Article regardless of whether licensed
thereunder.
(f) It is unlawful for any person to be an operator of a commercial bodily contact
establishment which does not satisfy all ofthe special requirements of Section 10-80 ofthis
Article regardless of whether the establishment is licensed thereunder.
Sec. 10-86. Use of restrooms or dressine rooms.
(a) Notwithstanding any provision in this Article indicating to the contrary, it is not unlawful
for any worker of an adult entertainment establishment or sexually oriented business,
regardless of whether it is licensed under this Article, to expose any specified anatomical
area during the worker's bona fide use of a dressing room or bath room which is occupied at
the time only by workers of the same sex.
City of Winter Springs
Ordinance No. 2003-41
Page 55 of 63
(b) Notwithstanding any provision in this Article indicating to the contrary, it shall not be
unlawful for any customer of an adult entertainment establishment or sexually oriented
business, regardless of whether it is licensed under this Article, to expose any specified
anatomical area during the customer's bona fide use of a bath room which is occupied at the
time only by customers of the same sex.
(c) It is unlawful to be an operator of an adult performance establishment which has a
dressing room for use bv its workers, that is accessible to customers.
(d) It is unlawful to be an operator of a sexually oriented business which has a dressing room
for use by its customers that is accessible to workers.
( e) Notwithstanding any provision of this Article to the contrary, a worker engaged in the
work of a rest room attendant or valet may OCCUPY a rest room which is also occupied by
customers provided that the valet or attendant does not expose any specified anatomical area
to the view ofa customer and is of the same sex of the customer occupying the rest room.
(n Notwithstanding any provision of this Article to the contrary, it is not unlawful for a
worker or customer to touch their own specified anatomical areas during their bona fide use
of a rest room, dressing room or bath room when such touching is necessary and inherent to
the activity of changing clothes or excretory functions.
Sec. 10-87. Minors - unlawful provisions.
It is unlawful for an operator or worker of an adult entertainment establishment or sexually
oriented business regardless of whether licensed under this Article, to knowingly or with
reason to know, permit, suffer or allow:
(a) Admittance to the establishment or business of a person under eighteen (18) years of age
when the establishment or business is open for business.
(b) A person under eighteen (18) years of age to remain at the establishment or business
when the establishment or business is open for business.
(c) A person under eighteen (8) years of age to purchase goods or services from the
establishment or a worker at the establishment or business.
(d) A person under eighteen (18) years of age to be a worker at or for the establishment or
. business.
Sec. 10-88. Records - unlawful provisions.
(a) It is unlawful to be an operator or worker of an adult entertainment establishment or
sexually oriented business, regardless of whether it is licensed under this Article, if the
current and valid adult entertainment establishment or sexually oriented business license is
not conspicuously displayed on the premises of the establishment or business.
City of Winter Springs
Ordinance No. 2003-41
Page 56 of 63
(b) It is unlawful to be an operator of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed under this Article, which does not create,
establish and compile worker records, maintain worker records or where such records are not
produced for inspection by a law enforcement officer upon request when the establishment
or business is open for business.
(c) It is unlawful to be an operator of a sexually oriented business, regardless of whether it
is licensed under this Article, at which customer contracts, daily registers and a list of
services have not been compiled, maintained or are not produced for inspection by a law
enforcement officer upon request when the establishment or business is open for business.
(d) It is unlawful for a worker at or of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed under this Article, to fail to obtain, carry
or produce for inspection by a law enforcement officer upon request, an occupational license
for the occupation in which the worker is engaged: provided, however, that a worker of an
adult entertainment establishment or sexually oriented business who is a paid employee for
whom income taxes and social security payments are withheld and paid by the establishment
and who is not an independent contractor shall not be required to obtain an occupational
license or their own adult entertainment establishment/sexually oriented business license.
(e) It is unlawful for an escort, regardless of whether they are a paid employee for whom
income taxes and social security payments are withheld and paid by the escort service, to fail
to carry and produce for inspection by a law enforcement officer a cOPY of the sexually
oriented business license of the employing escort service when working as an escort or
providing the services of escort.
cn It is unlawful for any person or any person on their behalf applying for a license under
this Article to make a false or misleading statement or provide false or misleading
information which is intended to facilitate the issuance of a license.
(g) It is unlawful for any worker, customer or operator to provide false or misleading
information in any worker record, customer contract or daily register required by this Article.
(h) It is unlawful to be an operator or worker at an adult entertainment establishment or
sexually oriented business which does not have conspicuously posted the name of the
operator on duty while the establishment is open for business.
(i) It is unlawful for an operator of an adult entertainment establishment or sexually oriented
business to fail to produce for inspection any worker record required by this Article, when
requested by a law enforcement officer or the City Manager or his designee when the
establishment or business is open for business.
(i) It is unlawful for an operator of a sexually oriented business to fail to produce for
inspection any worker record, customer contract or daily register required by this Article
when requested by a law enforcement officer or the City Manager or his designee when the
establishment or business is open for business.
City of Winter Springs
Ordinance No. 2003-41
Page 57 of 63
Sec. 10-89. Hours of operation - unlawful provisions.
(a) It is unlawful for any operator of an adult entertainment establishment, regardless of
whether licensed pursuant to this Article, to allow such establishment to remain open for
business or to knowingly allow any worker to engage in a performance, solicit a
performance, make a sale, solicit a sale, provide a service or solicit a service between the
hours of2:00 a.m. and 9:00 a.m. of any particular day.
(b) It is unlawful for any operator of a sexually oriented business, regardless of whether
licensed pursuant to this Article, to allow such business to remain open for business or to
permit any worker to engage in a performance, solicit a performance, make a sale, solicit a
sale, begin, continue or provide a service or solicit a service between the hours of 1 0:00 p.m.
and 9:00 a.m. of any particular day.
(c) It is unlawful for any worker of an adult entertainment establishment, regardless of
whether licensed pursuant to this Article, to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00
a.m. and 9:00 a.m. of any particular day.
(d) It is unlawful for any worker of a sexually oriented business, regardless of whether
licensed pursuant to this Article, to provide a service, solicit a service, engage in a
performance, solicit a performance, make a sale, solicit a sale, begin a service or continue
a service between the hours of 10:00 p.m. and 9:00 a.m. of any particular day.
Sec. 10-90. Special prohibitions relating to escorts and escort services - unlawful
provisions.
It is unlawful for any escort, escort service or worker of an escort service, regardless of
whether licensed under this Article, to commit any of the following acts or for an operator
of an escort service regardless, of whether licensed thereunder, to knowingly permit, suffer,
aid, assist or allow any escort or escort service worker to commit any of the following acts:
(a) To enter a hotel, motel or other place of temporary lodging for the purpose of meeting
or providing: services to a customer without immediately upon entering such hotel, motel or
other place and prior to meeting the customer making personal face-to-face contact with the
on duty manager at the front desk or reception area and providing that person with the
following information:
(1) the time of arrival and estimated time of departure:
(2) a copy ofthe escort service's sexually oriented business license and, if applicable,
the escort's occupational license:
(3) the name of the escort; the escort service and the customer being met/served: and
(4) the location of the meeting or service within the structure including the room
number.
City of Winter Springs
Ordinance No. 2003-41
Page 58 of 63
(b) To require, entice or solicit any customer to remove any article of clothing.
(c) To display or expose any specified anatomical area to a customer.
(d) To begin a meeting or service without first meeting the customer in a public place such
as a bar or restaurant before accompanying the customer to any place not open to the public
such as a hotel room or residence.
( e) To meet with or provide services to a customer in any place not open to the public such
as a hotel room, motel room or residence without first executing the customer contract as
required by this Article.
(f) To provide services to a customer even in a public place without first executing the
customer contract as required by this Article, immediately following the meeting of the
customer.
(g) To solicit a tip or gratuity from a customer in exchange for a promise or suggestion that
any act or service not contracted for in the customer contract will be performed.
(h) To accept any compensation or payment except that which is provided in the customer
contract.
Sec. 10-91. Special prohibited acts - commercial bodily contact - unlawful provisions.
It is unlawful for a worker of a commercial bodily contact establishment, regardless of
whether licensed pursuant to this Article, to commit any of the following acts or for the
operator of a commercial bodily contact establishment, regardless of whether licensed
thereunder, to knowingly or with reason to know, permit, suffer, aid, assist or allow any
worker to commit any of the following acts:
(a) To provide commercial bodily contact or to be present at the premises of the business
when open for business unless covering their specified anatomical areas by wearing an
opaque surgical type gown.
(b) To display or expose any specified anatomical area to a customer.
(c) To allow a customer to expose or display the customers specified anatomical areas in the
presence of a worker.
(d) To allow a customer to engage in any specified sexual activity with him or herself,
another customer or with a worker.
( e) To perform or provide commercial bodily contact except at the premises of a commercial
bodily contact establishment licensed under this Article.
City of Winter Springs
Ordinance No. 2003-41
Page 59 of 63
(f) To engage in or offer to engage in private modeling or the activities of an escort with any
customer.
(g) To provide commercial bodily contact or service to a customer without first executing
a customer contract as required by this Article.
(h) To intentionally touch, fondle, manipulate or massage the specified anatomical area of
any customer.
(i) To allow any customer to intentionally touch, fondle, manipulate or massage any
specified anatomical area of any worker or the body of any worker below the waist and above
the knee, directly, indirectly or through a medium.
(i) To remain in the presence of any customer who is displaying, exposing, intentionally
touching, fondling or manipulating any specified anatomical area.
(k) To allow any customer to intentionally touch, massage or manipulate any specified
anatomical area while on the premises of the business or when in the presence of a worker.
(1) To solicit or require a customer to remove any item of clothing as a prerequisite to
providing commercial bodily contact.
(m) To accept or solicit any tip, remuneration, consideration or gratuity in excess of the fee
provided in the executed customer contract.
(n) To accept or solicit any tip, remuneration, consideration or gratuity in exchange for any
enhanced service.
(0) To fail to require a customer to cover such customers' specified anatomical areas with
a toweL robe, undergarment, bathing suit or other similar fully opaque material while on the
premises of the business.
(p) To engage in or offer to engage in any private performance or act as an adult model.
Sec. 10-92. Commercial bodily contact establishments - prohibited~ savines provision.
(a) Notwithstanding any provision of this Article, it is unlawful to operate, or be a worker
for or at a commercial bodily contact establishment which engages in commercial bodily
contact.
(b) Notwithstanding the provisions of subsection (a), in the event that subsection (a),
prohibiting commercial bodily contact establishments is found to be unconstitutional, or
otherwise invalid by a court of competent iurisdiction or should an iniunction be issued
relative to the enforcement of subsection (a), then all provisions set forth this Article
applicable to commercial bodily contact establishments and sexually oriented businesses
shall apply to businesses and establishments engaged in commercial bodily contact.
City of Winter Springs
Ordinance No. 2003-41
Page 60 of 63
Sec. 10-93. Occupational licenses/home occupations.
(a) The City Manager or his designee may take such steps as may be necessary to ensure that
the occupational license tax is paid by only such individuals and entities that are lawfully
permitted in accordance with the provisions of this Article.
(b) Adult entertainment establishments and sexually oriented businesses shall not be
approved as home occupations.
Sec. 10-94. Sexual encounter businesses prohibited/prohibited acts - unlawful
provisions.
(a) It is unlawful to be an operator of or be a worker at a sexual encounter business.
(b) It is unlawful to cause, encourage, or allow a person under ei ghteen (18) years of age to
be present at a sexual encounter business.
(c) It is unlawful to aid or abet a person causing, encouraging or allowing a person under
eighteen (18) years of age to be present at a sexual encounter business.
Sec. 10-95. Immunity from prosecution.
The City and any and all of its officers, departments or agents and any law enforcement
officer shall be immune from prosecution, civil or criminal. for the reasonable, good-faith
trespass upon an adult entertainment establishment or sexually oriented business while acting
within the scope of the authority set forth in this Article.
Secs. 10-96 through 10-99. Reserved.
Sec. 10-57100. Zoning.
All adult entertainment establishments and sexually oriented businesses within the City of
Winter Springs, Florida, shall be limited to the industrial zoning district as designated by an
adopted comprehensive plan, and City of Winter Springs Future Land Use Map-=ZtH-e, and
shall be subject to all restrictions enumerated herein.
Sec. 10-58101. Prohibited locations for adult entertainment establishments~ sexually
oriented businesses.
No person shall cause or permit the establishment, substantial enlargement, 01 tIansfcl of
oWhelship or contlOl of an adult entertainment establishment or sexually oriented business
within seven hundred fifty (750) feet of any other adult entertainment establishment or
sexually oriented business, any church, school, public park or public recreation area or within
seven hundred fifty (750) feet of an area zoned for residential use and/or designated by an
adopted comprehensive plan in a manner primarily intended for dwellings. No person shaH
cause or permit the establishment or substantial enlargement of a church, school, public park
or public recreation area or residential area as described above within seven hundred fifty
City of Winter Springs
Ordinance No. 2003-41
Page 61 of 63
(50) feet of any existing adult entertainment establishment or sexually oriented business.
"Substantial enlargement" shall mean increasing the size of the permitted and/or licensed
premises by more than ten (10) percent of the original licensed premises.
Sec. 10-59102. Measurement of distance.
For the purpose ofthis article, distance measurement shall be made in a straight line, without
regard to intervening structures or objects, from the nearest property line of the property
used as an adult entertainment establishment or sexually oriented business to the nearest
property line of the premises of the other adult entertainment establishment and sexually
oriented business, of a church, school, public park, or public recreation area, or to the nearest
boundary of any area legally zoned and/or designated by comprehensive plan in a manner
primarily intended for dwellings without regard to municipal boundaries. MCasUlGluGlIt of
distahGGs bet\'vecn adult cntertaimllcnt cstablishments sllall bc Horn lot line to lot line at thciI
ncalcst points.
Section 4. Severability. If any Section or portion of a Section ofthis Ordinance proves to
be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force, or effect of any other Section or part of this Ordinance.
Section 5. Codification. It is the intention of the City Commission of the City of Winter
Springs, Florida, and it is hereby ordained, that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Winter Springs, Florida; that the Sections
of this Ordinance may be renumbered or relettered to accomplish such intention; that the word,
"Ordinance," may be changed to "Section," "Article," or other appropriate word.
Section 6. Additional Legislative Intent. The City Commission of the City of Winter
Springs, Florida, hereby finds and declares that this Ordinance is in addition and supplemental to the
Seminole County Public Decency Ordinance and that this Ordinance in no way whatsoever is
intended to conflict with the Seminole County Public Decency Ordinance. The City of Winter
Springs' City Commission finds and declared that this Ordinance shall not be construed as opting
the City of Winter Springs out ofthe Seminole County Public Decency Ordinance. This Section 5
shall not be codified.
Section 7. Effective Date. This Ordinance shall become effective upon passage and
adoption by the City Commission and pursuant to City Charter.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2003-41
Page 62 of 63
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of
,2004.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City of Winter Springs\Adult Entertainmcnt\Adult_Entertainment_2003-41.wpd
City of Winter Springs
Ordinance No. 2003-41
Page 63 of 63
~ 10-32
WINTER SPRINGS CODE
under for the business until the delinquent li-
cense fees are paid, provided however, that part
or all of the increase may be rebated by action of
the city commission.
(Ord. No. 431, S 1, 9-26-88)
State law reference--Delinquency penalty authorized,
F.S. ~ 205.053.
Sees. 10-33-10-50. Reserved.
ARTICLE III. ADULT ENTERTAINMENT
ESTABLISHMENTS*
10-51. Authority.
is article is enacted under the home rule
powe of the City of Winter Springs, Florida, and
is ena ted in the interest of the public health,
peace, s fety, morals, and general welfare of the
citizens d inhabitants of the city to regulate
businesse within the city.
(Ord. No.5 5, S II, 12-11-95)
Sec. 10-52.
The intent of he city commissioners in adopt-
ing this article 1 to establish reasonable and
uniform regulation for the adult entertainment
industry that will pr ect health, safety, property
values, and general lfare of the people, busi-
nesses and industries f the city. It is not 'the
intent of the city commis ioners to legislate with
respect to matters of obsce ity. These matters are
regulated by federal and tate law, including
Chapter 847 of the Florida ate Statutes.
(Ord. No. 595, * III, 12-11-95)
Sec. 10-53. Findings of fact.
Based upon evidence and testi ny presented
at public hearings before the city c missioners
of nearby cities and on the findings i corporated
in the United States Attorney General Commis-
sion on Pornography (1986), Jacksonv Ie Ordi-
nance Code Chapter 410, Ord. No. 77- 7-256,
section 1, and the findings declarations as tated
*Editor's note-Ord. No, 595, s~ I-XXII, adopte Dec.
11, 1995, amended former Art. III, \is 10.66~10-68, 10- -
10-91, in its entirety to read as herein set out. Former Art. I
pertained to similar subject matter and derived from the Code
of 1974.
'n the whereas clauses in the Seminole County
dult Entertainment Code (1988); thereupon, the
Cl commission of the City of Winter Springs,
Fl ida, finds that:
Commercial establishments exist or may
exist within the city and other nearby
ities or counties in Central Florida where
ooks, magazines, periodicals and other
p . nted material, or photographs, films,
m tion pictures, prints, video tapes, slides
or her visual representations or record-
ings or other audio matter, or instru-
ment , novelties, devices or parapherna-
lia w 'ch depict, illustrate, describe or
relate t specified sexual activities or spec-
ified an omical areas are possessed, dis-
played, e ibited, distributed and/or sold.
(2) Commerci establishments exist or may
exist within the city and other nearby
cities or coun . es in Central Florida where
dancers, ente ainers, performers or other
individuals, w for commercial gain per-
form or are pre nted while displaying or
exposing specifi d anatomical areas; or
engage in strad e dancing or touching
with customers.
,....
:.':-~~~:, -.{/:'
~t;:~~:~~t:
(3) ibed in subsections
10-53(1) and 10-53( occur at establish-
ments which operate for the purpose of
making a profit and, such, are subject
to regulation by the cit in the interest of
the health, safety, econo y, property val-
ues, and general welfar of the people,
businesses and industrie of the city.
(4) When the activities descri ed in subsec-
tions 10-53(1) and 10-53(2) re present in
establishments, other activit es which are
illegal, unsafe, or unhealthfu tend to ac-
company them, concentrate ar und them,
and be aggravated by them., ch other
activities include, but are not h ited to,
prostitution, pandering, solicit tion for
prostitution, lewd and lasciviou behav-
ior, exposing minors to harmful ma erials,
possession, distribution and trans orta-
tion of obscene materials, sale or po es-
sion of controlled substances, and vio nt
crimes against persons and property.
696
EXHIBIT" A"
LICENSES AND BUSINESS REGULATIONS
t,'"
(:
\~:
(5) When the activities described in subsec-
tions 10-53(1) and 10-53(2) are competi-
tively exploited in establishments, they
tend to attract an undesirable number of
transients, blight neighborhoods, adversely
affect neighboring businesses, lower real
property values, promote the particular
crimes described in subsection 10-53(4),
and ultimately lead residents and busi-
esses to move to other locations.
(6) he establishments in which the activi-
ti s described in subsections 10-53(1) and
10 53(2) occur often are constructed, in
pa or in whole, of substandard materi-
als, aintained in a manner reflecting
disre rd for the health and safety of the
occupa t, and having exterior signs or
appeara ces that lower the surrounding
property alues and contribute to urban
decline.
(7) The activiti s described in subsections
10-53(1) and 0-53(2) often occur in estab-
lishments con urrent with the sale and
consumption 0 lcoholic beverages.
(8) The concurrence fthe sale and consump-
tion of alcoholic b verages' with the activ-
ities described in s sections 10-53(1) and
10-53(2) leads to an increase in criminal
activity, unsafe activl y, and disturbances
of the peace and orde of the surrounding
community.
(9) The concurrence of the s Ie.and consump-
tion of alcoholic beverage with the activ-
ities described in subsectio s 10-53(1) and
10-53(2) creates additional azards to the
health and safety of pers ns in atten-
dance and further depreciate the value of
adjoining real property, har 'ng the eco-
nomic welfare of the surround g commu-
nity and adversely affecting th quality of
life, tone of commerce, and c nmunity
environment.
."':' ....
~~~~S:,~
..~...:.. .
(10) In order to preserve and safegu rd the
health, safety, property values, an gen-
eral welfare of the people, businesse , and
industries of the city, it is necessar and
advisable for the city to regulate the ale
and consumption of alcoholic beverage at
S 10-53
establishments where the activities de-
scribed in subsections 10-53(1) and 10-
53(2) occur.
mployees of establishments at which the
a tivities described in subsections 10-
5 1) and 10-53(2) occur engage in a higher
inc dent of certain types of unhealthy or
cri inal behavior than employees of other
esta ishments.
(12) Physi I contact or touching within estab-
lishme ts at which the activities de-
scribed 'n subsections 10-53(1) and 10-
53(2) occ r between employees exhibiting
specified atomical areas and customers
pose a th at to the health of both, and
promotes t spread of communicable and
social disea s.
(13) In order to p eserve and safeguard the
health, safety, nd general welfare of the
people of the 'ty, it is necessary and
advisable for the city to regulate the con-
duct of owners, managers, operators,
agents, employees, entertainers, perform-
ers, and customers a establishments where
the activities descrill d in subsections 10-
53(1) and 10-53(2) oc ur.
(14) The potential dangers t the health, safety
and general welfare of he people of the
city posed by permitting establishment
at which the activities d cribed in sub-
sections 10-53(1) and 10- 3(2) occur to
operate without first meeti the require-
ment for obtaining a licen under_ this
code are so great as to require he licensure
of such establishments prior 0 their be-
ing permitted to operate.
(15) Requiring operators of establisH
which the activities described i
tions 10-53(1) and 10-53(2) occur
list of information concerning cur nt em-
ployees and certain recent past em loyees
will help reduce the incidence of rtain
types of criminal behavior by facili ting
the identification of potential witness or
suspects, and by preventing minors f m
working in such establishments.
697
~ 10-53
WINTER SPRINGS CODE
(16) Prohibiting establishments at which the
ctivities described in subsections 10-
3(1) and 10-53(2) occur from operating
'thin set distances of educational insti-
tu ions, religious institutions, residences,
ar as zoned or designated for residential
us and parks,' at which minors are cus-
tom rily found, will serve to protect mi-
nors om the adverse effects of the activ-
ities at accompany such establishments.
(17) Strad e dancing, unregulated private per-
form an es, and enclosed adult booths in
establis ments at which the activities de-
scribed subsections 10-53(1) and 10-
53(2) occ r have resulted in indiscrimi-
nate com ercial sex between strangers
and pose threat to the health of the
participants and promotes the spread of
communicab sexual transmitted dis-
eases. Straddl dancing is primarily con-
duct rather th communication or expres-
SIOn.
(Ord. No. 595, S IV, 12-1 -95)
This article shall be I erally construed to
accomplish Its purposes ofr lating adult enter-
tainment and related activiti s. Unless otherwise
indicated, all provisions of tH's part shall apply
equally to all persons, regardl ss of sex. Mascu-
line pronouns, such as "he", "h s", and "him", as
employed in this part shall als be construed to
apply to feminine pronouns and n utral pronouns
unless the context suggests ot erwise. Words
used in the singular number sh I include the
plural number, 'unless the context ,uggest other-
wise.
(Ord. No. 595, ~ V, 12-11-95)
Sec. 10-55. Obscenity not permitt
Nothing in this article shall be co strued to
allow or permit the possession, distrib tion, and
.transportation of obscene materials, or 0 autho-
rize the exposing of persons under seven en (17)
years of age to motion pictures, exhibitions, shows,
representation, and presentation of specifi d sex-
ual activities of persons displaying or exh iting
specified anatomical areas. These matte are
preempted to the State of Florida and are s dect
to regulations thereof; to the extent the state
ermits an age greater than seventeen (17) years
age, then this section shall be read to adopt
t at greater age.
(0 d. No. 595, S VI, 12-11-95)
Ad it book store: An establishment which sells
or rent adult material, unless the adult material
is acce ible only by employees and either the
gross in orne from the sale or rental of adult
material omprises less than ten (10) percent of
the gross i come from the sale or rental of goods
or services t the establishment or the individual
items of adu t material offered for sale or rental
comprise less han twenty-five (25) percent of the
individual ite s publicly displayed at the estab-
lishment as sto 'k-in-trade in any of the following
categories: book magazines, periodicals, or other
printed matter 0 photographs, films, motion pic-
tures, video casse tes, slides, or other visual rep-
resentation, or rec dings, or other audio matter.
Any adult use act! ity other than the sale or
rental of adult m terial shall p'reclude the
establishment's quali 'ng solely as an adult book
store and shall manda its classification as other
than an adult book sto
However, it is an affirma 've defense to an alleged
violation of this article garding operating an
adult book store without an entertainment li-
cense if the alleged violator hows that the adult
material is accessible only t employees and ei-
ther the gross income from th sale and/or rental
of adult material comprises I ss than ten (10)
percent of the gross income fro the sale and/or
rental of goods and/or services t the establish-
ment or the individual items of 'dult material
offer~d for sale and/or rental com ise less than
twentycfive (25) percent of the indl idual items
publicly displayed at the establishme t.
As stock-in-trade in any of thefollowi g catego-
ries: books, magazines, periodicals or oth r printed
matter, or slides or visual representa 'ons, or
, recordings, or other audio matter.
Adult booth: A separate enclosure insi
adult entertainment establishment accessibl to
any person, regardless of whether a fee is charg d
for access. The term "adult booth" includes, but i
(:~~t;'~::~~:-'~'
698
LICENSES AND BUSINESS REGULATIONS
;f:-:
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not limited to a "peep show" booth, or other booth
u 'ed to view "adult material" or persons display-
in or exposing specified anatomical areas. The
ter adult booth shall not include a restroom or
foy r through which the public enters or exits the
est blishment.
A ult cabaret: A cabaret or entertainment es-
tabli ment which features go-go dancers, exotic
dance s, strippers, nude or semi-nude entertain-
ers, m Ie or female impersonators, or similar
enterta ers. The term "adult dancing establish-
ment" i included within the definition of "adult
cabaret" .
Adult ncing establishment: An establish-
ment wher employees display or expose specified
anatomical reas to other, regardless of whether
the employe s actually engage in dancing. The
term "adult d cing establishment" is included in
the term "adul cabaret."
.r:.~:: ".
~~::;::~N?:
...,."........
Adult entert 'nment establishment: An adult
arcade, adult boo tore, adult cabaret, adult danc-
ing establishmen adult motel, adult theater, a
massage, scrub or related establishment, or an
adult performance e tablishment operated for com-
mercial or pecuniar gain regardless of whether
such establishment 1 licensed under this code.
Operated for commer . al or pecuniary gain shall
not depend upon actua profit or loss. It shall be'
presumed that an esta ishment is operated for
commercial or pecuniar gain if the establish-
ment has an occupationa license. An establish-
ment with an adult enterta ment license shall be
presumed to be an adult ent rtainment establish-
ment.
Adult material: One (1) or
ing, regardless of whether it is
/.',
(1) Books, magazines, perio icals, or other
printed matter, or photogr hs, films, mo-
tion pictures, video casset es, slides, or
other visual representation or records,
or other audio matter, which ave as their
primary or dominant theme m tter depict-
ing, illustrating, describing, or elating to
specified sexual activities or sp ified an-
atomical areas; or
':
9 10-56
Instruments, novelties, devices, or para-
phernalia which are designed for use in
connection with specified sexual activi-
ties.
Ad It motel: Any motel, hotel, boarding house,
room in house, or other place of temporary lodg-
ing whi includes the word "adult" in any name
it uses, 0 otherwise advertises the presentation
of films, tion pictures, video cassettes, slides,
or other ph tographic reproductions, which have
as their pr ary or dominant theme matters
depicting, ill strating, or relating to specified
sexual activitl s or specified anatomical areas.
The terms "ad t motel" is included within the
definition of "ad t motion picture theater."
Adult performa e establishment: An establish-
ment where an e loyee engages in a private
performance or disp ys or exposes any specified
anlltomical area to a person other than another
employee, regardless of whether the employee
actually engages in da cing; wears any covering,
tape, pastie, or other d vice which simulates or
otherwise give the appe rance of the display or
exposure of any specifie anatomical areas, re-
gardless of whether the ployee actually en-
gages in dancing; offers, so icits, or contracts to
dance or perform with a pe son other than an-
other employee in considerat on for any tip, re-
muneration or compensation m or on behalf of
that person; or dances or perfor s with or within
three (3) feet of a person oth than another
employee in consideration for an tip, remunera-
tion or compensation from or on behalf of that
person.
These provisions are not intended t apply and it
is an affirmative defense if the predo inant busi-
ness or attraction of the establishmen is not the
offering to customers of a product, ervice or
entertainment which is intended to pr vide sex-
ual stimulation or sexual gratification to such
customers, and the establishment is no distin-
guished by an emphasis on or the advert! ing or
promotion of materials relating to or emp oyees
depicting, describing, displaying, exposing 0 im-
ulating specified sexual activities or speCl ied
anatomical areas.
Adult theater: An establishment which consist
of an enclosed building, or a portion or part of an
699
~ 10-56
WINTER SPRINGS CODE
enclosed building or an open-air area used for
viewin by persons of films, motion pictures,
video c ssettes, slides, or other photographic re-
product ons which have as their primary or dom-
inate tH me matters depicting, illustrating, or
relating 0 specified sexual activities or specified
anatomic 1 areas. "Adult arcades", "adult motels",
and "adult ooths" are included within the defini-
tion of "adu t theater".
Commissio : The city comrmSSlOn of Winter
Springs,Flori
Conviction: A etermination of guilt resulting
from plea or tria regardless of whether adjudi-
cation was withh ld or whether imposition of
sentence was suspe ded.
Employee: A perso who works or performs or
provides services in a adult entertairunent es-
tablishment, irrespecti of whether said person
is paid a salary or wage the owner or manager
of the premises, provid d such person has a
substantial or consistent elationship with the
business of or entertail1me tJservices provided by
the adult use. Employee in ludes but is not lim-
ited to performers, manage ,assistant manag-
ers, stock persons, tellers, an operators.'
Licensee: Any person whose ppl.ication for an
adult entertainment establis ment has been
granted and who owns, mana es, operates, or
controls the establishment.
Massage or scrub establishment Means a site
or premises, or portion thereof, up n which any
person who is an employee or who cts of, or at
the direction of an employee or own r, manipu-
lates the superficial tissues of the bod of another
person, with the hand, foot, arm or elbo. whether
or not such manipulation is aided by an electri-
calor mechanical or other device, or emical
preparation, but not established exempte under
Chapter 480, Florida State Statute (1983).
Operator: Any person who engages in or
forms any activity which is necessary to or w ich
facilitates the operation of an adult enterta'n-
ment establishment, including, but not limited
the licensee, manager, owner, doorman, ba -
tender, disc jockey, sales clerk, ticket taker, movi
projectionist or supervisor.
Person: Includes, l;lUt is not limited to, an
in 'vidual, association, joint venture, partner-
shi , estate, trust, business trust, syndicates,
fidu 'ary, corporation, and allother or any similar
entit
. [
Poli e department: The chief of police and the
police 0 the City of Winter Springs.
Privat performances: The display or exposure
of any sp cified anatomical area by an employee
of an adu t entertainment establishment to a
person oth than another employee while this
person is in an area not accessible during such
display to all ther persons in the establishment,
or while the erson is in an area in which the
person is. total or partially screened or parti-
tioned during s ch display from the view of all
persons outside e area.
Specified anato
(1) Less than mpletely and opaquely cov-
ered:
a. Human enitals, pubic region
b. Buttocks; nd
c. Female br st below a point imme-
diately abo the top of the areola,
but shall no include any portion of
the cleavage f the human female
breast exhibit by a dress, blouse,
shirt, leotard, b thing suit, or other
wearing apparel, provided the are-
ola is not so expo d; and
(2) Human genitals in a d
state, even if completel
covered.
.' ,
(;~~}~~:~f'>
Specified criminal acts:
(1) A violation of this part;
(2) Any felony not otherwise speci 1
subsection;
(3) An offense under Chapter
Statutes (sexual battery);
(4) An offense under Chapter 796,
St:;ltutes (prostitution);
(5) An ,offense under Chapter 800, Florid
Statutes (Lewdness; indecent exposure);
700
LICENSES AND BUSINESS REGULATIONS
,(;~
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1,
An offense under Chapter 826, Florida
Statutes (bigamy; incest);
An offense under Chapter 847, Florida
Statutes (obscene literature; profanity);
or
An offense against an analogous statute
of a state other than Florida, or an anal-
ogous ordinance of another county or city.
(1) H man genitals in a state of sexual stim-
ula ion, arousal, or tumescence; or
(2) Acts f human anilingus, bestiality, bug-
gery, nilingus, coprophagy, coprophilia,
fellatio ,flagellation, masochism, mastur-
bation, ecrophilia, pederasty, pedophilia,
sadism, adomasochism, sapphism, sex-
ual inter urse, sodomy, urolagnia, or
zooerastia; r
~~i;~:~<'
(3) Fondling or ther erotic touching of hu-
man genitals, pubic region or anus; or
(4) Excretory func ions as part of or in con-
nection with an of the activities set forth
in subsections (1 through (3).
Straddle dance: The us by an employee of any
part of his or her body to t ch the genital, pubic
region, buttock, anus, or fe Ie breast of another
employee or a non-employee while at the estab-
lishment. It shall be a "stradd dance" regardless
of whether the "touch" or "touc ing" occurs while
the employee or non-employee is displaying or
exposing any specified anatomi I area. It shall
also be a "straddle dance" regar ess of whether
the "touch" or "touching" is direc or through a
medium. The terms "lap dance", table dance",
and "face dance" are included wit in the term
"straddle dance".
/~.
Zoning residential: Any area legally z ed and/or
designated by an adopted comprehen ive plan
and City of Winter Springs Future r.; ne Use
Map-2010, in a manner primarily inte ed for
dwellings.
(Ord. No. 595, ~ VII, 12-11-95)
I.
\,
Sec. 10-57. Zoning.
10- 57 - !o- 5'1
ME
~ {} ~ 10-59
~
All adult entertainment establishments within
the City of Winter Springs, Florida, shall be
limited to the industrial zoning district as desig-
nated by an adopted comprehensive plan, and
City of Winter Springs Future Land Use Map-
2010, and shall be subject to all restrictions
enumerated herein.
(Ord. No. 595, ~ VIII, 12-11-95)
Cross reference--General commercial and industrial dis-
tricts, ~ 20-251 et seq.
Sec. 10-58. Prohibited locations for adult en-
tertainment establishments.
No person shall cause or permit the establish-
ment, substantial enlargement, or transfer of
ownership or control of an adult entertainment
establishment within seven hundred fifty (750)
feet of any other adult entertainment establish-
ment, any church, school, public park or public
recreation area or within seven hundred fifty
(750) feet of an area zoned for residential. use
and/or designated by an adopted comprehensive
plan in a manner primarily intended for dwell-
ings. "Substantial enlargement" shall mean in-
creasing the size of the permitted and/or licensed
premises by more than ten (10) percent of the
original licensed premises.
(Ord. No. 595, SIX, 12-11-95)
Sec. 10-59. Measurement of distance.
For the purpose of this article, distance mea-
surement shall be made in a straight line, without
regard to intervening structures or objects, from
the nearest property line of the property used as
an adult entertainment establishment to the near-
est property line of the premises of a church,
school, public park, or public recreation area, or to
the nearest boundary of any area legally zoned
and/or designated by comprehensive plan in a.
manner primarily intended for dwellings without
regard to municipal boundaries. Measurement of
distances between adult entertainment establish-
ments shall be from lot line to lot line at their
nearest points.
(Ord. No. 595, ~ X, 12-11-95)
701
S 10-60
WINTER SPRINGS CODE
Sec. 10-60. Nonconforming uses.
An dult entertainment establishment which
on the effective date of this article does not
comply ith the distance requirements of section
10-58 sh be subject to the nonconforming use
ntained herewith, and of the code of
the City of inter Springs, Florida.
(1) The la ful use of a building or structure
existing t the time of the passage of this
article m y be continued, although such
use does . ot conform to the provisions of
this articl . and such use may be ex-
tended thro gbout the building provided
no structura alterations, except those re-
quired by la or article, or ordered by an
authorized 0 cer to ensure the safety of
the building, e made therein. No such
use shall be ex nded to occupy any land
outside such buil ing. If such nonconform-
ing use of such bu'lding is removed or the
nonconforming u of such building is
discontinued for a continuous period of
not less than thr hundred sixty-five
(365) days, every fu ure use of such pre-
mises shall be in c nformity with the
provisions of this arti Ie.
(2) The lawful use of the I d existing at the
time of the passage of is article may be
continued; provided, ho ever, that no' such
nonconforming use ma be extended to
occupy a greater area 0 land than that
occupied by such use at he time of the
passage of this article. If su h nonconform-
ing use is discontinued fo a continuous.
period of not less than t ee hundred
sixty-five (365) days, any ture use of
such land shall be in conform'ty with the
provisions of this article.
(3) Whenever a nonconforming use
ing or land has been discon
changed to a conforming use, uch use
shall not thereafter be changed t
conforming use.
(Ord. No. 595, * XI, 12-11-95)
Sec. 10-61. Residential rezoning.
In the event an area is zoned residential ad/or
designated by comprehensive plan in a ma ner
primarily intended for dwellings for the first time;
or an area is rezoned for residential use and/or
edesignated by comprehensive plan in a manner
p imarily intended for dwellings and lies within
se n hundred fifty (750) feet of an existing adult
ente tainment establishment, the adult entertain-
ment stablishment shall be considered an exist-
ing no onforming use, as defined in section 10-60
hereof, om the effective date of the rezoning
ordinanc
(Ord. No. 95, * XII, 12-11-95)
Sec. 10-62. General requirements/standards.
(a) In add ion to all other requirements con-
tained herein, each and every licensed adult en-
tertainment e tablishment shall conform to all
applicable build g, fire, and health statutes, codes,
or ordinances, ether federal, state, or local.
(b) All buildin openings, entries, exits, and
windows for an a ult entertainment establish-
ment shall be loc ed, covered, or screened in
such a manner as 0 prevent a view into the
interior from any str t, sidewalk, or other public
place.
(c) All licensed adul entertainment establish-
ments within the City f Winter Springs shall
conform to the requirem Its of Florida Statutes,
Chapter 381, and the rule and regulations of the
State Department of Hea h and Rehabilitative
Services made pursuant t reto. Each licensed
premises shall be deemed to be a "place serving
the public" for the purpose 0 sanitary facilities.
When more than one (1) licen e is issued for a
single location, they shall colle tively be consid-
ered as one (1) licensed premi s if customers
may circulate freely through the e tire area of the
licensed premises.
(Ord. No. 595, * XIII, 12-11-95)
Cgi.~f:~-::!;
Sec. 10-63. Advertising.
Advertisements, displays, or other pr motional
materials for any adult entertainment e tablish-
ment shall not be shown or exhibited so s to be
visible to the public from any street, side lk, or
other public place. This shall riot prohibit t use
of a sign displaying the name of the busine s if
the sign does not include the words "nude", " u-
dity", "naked", "topless", "go-go", or "dancers", l'
702
"
LICENSES AND BUSINESS REGULATIONS
9 10-66
..-
f-
\:.
,
ords or material depicting, describing, or reI at-
i g to "specified anatomical areas of the human
b~ y" or "specified sexual activities" as defined
he ein above.
A sign shall not contain any flashing
light, photographs, silhouette, drawings,
or pictorial representations of any type or
manner and shall be limited in content as
follows:
The name of the establishment,
and/or
One (1) or more of the following
applicable phrases:
1. "Adult book store";
"Adult theater";
"Adult dancing establishment";
"Adult motel";
"Adult entertainment";
ovie titles posted within pre-
'ses";
~1;'
7. F d or drink specials, show
ti es, welcome notices, arid
na es of entertainers.
c. Each lett forming a word on a sign
shall be 0 a solid color, and each
such letter shall be the same print
type, size, a d color. The background
behind such ettering on the display
surface shall e of a uniform color.
(Ord. No. 595, * XIV, 12-11 5)
\.
Sec. 10-64. Additional pr
(a) It shall be a violation f this article and
unlawful for any employee a defined in this
article to engage in specified se ual activities on
the licensed premises in the pr ence of patrons
or spectators or for any form of c nsideration.
(b) It shall be a violation of t is article and
unlawful for any employee, custom , or patron of
a licensed premises to participate in straddle
dancing on the licensed premises.
(c) It shall be a violation of this a ticle and
unlawful for any patron or employee of licensed
premises, while on the licensed premises within
the scope of his employment as empl ee, to
contract or to perform for any form of consider-
ation a straddle dance within five hundred (500)
eet of the licensed premises.
(d) It shall be a violation of this article and
u lawful for a patron of a licensed premises to
to h or to contract for any form of consideration
to t uch with the hands or any other body part an
emp oyee's pubic area or genitals, whether the
empl yee is clothed or not.
(e) t shall be a violation of this article and
unlaw I for an employee of a licensed premises to
contrac to touch or touch with hands, or any
other b y part, the pubic area or' genitals of a
custome r patron whether the employee is clothed
or not.
(Ord. No. 95, S XV, 12-11-95)
(
g
E
"
It shall be violation ofthis article and unlaw-
ful for a licens e to admit or to permit the admis-
sion of minors ithin a licensed premises. This
article shall not pply to conduct, the regulation
of which has be n preempted to the State of
Florida under Ch ter 847, Florida Statutes.
(Ord. No. 595, S X , 12-11-95)
The following presu tions shall apply in all
actions brought for viola . ons of this article:
(1) Any person who 0 ns, operates, main-
tains, or enters a c mmercial establish-
ment, which advertis s within one hun-
dred (100) feet of th premises of the
commercial establishm t to the general
public that the establis ment provides,
allows or permits the exhilftion or display
of specified anatomical are or specified
sexual activities, is presume to be aware
that the exhibition or displa is taking
place in the establishment.
(2) Any establishment which has rece wed an
occupational license to operate co mer-
cially is presumed to be a comme cial
establishment.
(Ord. No. 595, S XVII, 12-11-95)
,
,
703
~ 10-67
WINTER SPRINGS CODE
Sec. 10-67. Sale to minors.
It sh I be unlawful for any person to sell,
barter, or give, or to offer to sell, barter, or give
any minor ervice, material, device or things sold
or offered or sale by an adult bookstore, adult
motion pic e theater, massage establishment,
or adult ent rtainment establishment. This arti-
cle shall not apply. to conduct, the regulation of
which has be preempted to the State of Florida
under Chapte 847, Florida Statutes.
(Ord. No. ,595, ~XVIII, 12-11-95)
(1) Requirement. It shall be unlawful for any
person to ope te an adult entertainment
establishment without having first ob-
tained an adult ntertainment license is-
sued by the build g department, which is
applicable for sai establishment, or to
continue to operat establishment where
that person knows r has reason to know
that the license of the establishment is
under suspension, s been revoked, or
has lapsed. The op ation of an adult
entertainment estabh hment without a
valid license, where quired, shall be
grounds for the closing of the establish-
ment upon a finding of ct by a court or
other body with proper j risdiction that
the .establishment has no alid license.
(2) Classification. Adult
censes ~eferred to in
classified, as f<;lllows:
a. Adult book store;
b. Adultth!,!ater;
c. Ad.tilt cabaret;
d. Adult m.otel;
e. Ad.ultarcade;
(3) Single classification of license. A I ense
shall only be issued in one (1) clas 'fica-
tion, but this shall not prohibit a p son
from obtaining separate licenses in wo
(2) or more classifications for the sa e
location.
) License application and application file.
Any erson desiring to engage in the business of
opera . ng an adult entertainment establishment
shall fi with the building department a sworn
applicah Ii on forms supplied by that depart-
ment.Th application shall contain the informa-
tionand d cuments as provided in this section
and shall be accompanied by an application fee as
established the city commission of the City of
Winter Sprin s. The application itself shall be
signed by the pplicant and verified by the appli-
cant before an ficer authorized to take oaths and
acknowledgeme ts.
(c) Contents 0 application. The completed ap-
plication shall co tain the following information
and shall be acco panied by the following docu-
ments:
(1) If the qpplic nt is:
a. An indi 'dual, the individual shall
state his er legal name and any
aliases, a ress, and telephone num-
ber, and s bmit satisfactory proof
that he/she 's eighteen (18) years of
age or older; or
b. A partnership the partnership shall
state its com lete name, and the
names, addres es, and telephone
number of all pa: ners, whether the
partnership is' neral or limited;
and, if in eXistenc furnish a copy of
the partnership a ement; or
c. A corporation, the c poration shall
state its complete na e, the date of
. . its incorporation, . evid ce that the
. corporation is in gClod s nding, the
na.t:nes and capacity of . I officers,
directors, and principal tockhold-
ers; and if applicable, the ame of
, the registered corporate ag t and
the address, of the office regi iered
for service of process.
(2) If the ,applicant intends to conduct he
.establishment under a name other th n
th~t of the applicant, the establishment
fict~tious name and proof of compliance
with retPstration required under Section
.865.09, Florida Statutes (1987), as
amended from time to time.
704
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LICENSES AND BUSINESS REGULATIONS
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(3) Whether the applicant or any of the other
:----... individuals listed pursuant to subsection
lO-68(c) has, within the five-year period
immediately preceding the date of the
application, been convicted of a specified
criminal act; and, if so, the specified crim-
'nal act involved, the date of conviction,
nd the place of conviction.
~l~~i;J
(4) ether the applicant or any of the other
in ividuals listed pursuant to subsection
(c)( ) has had a previous license under
this ection suspended or revoked, includ-
ing t e name and location of the esta~-
lishm nt for which the license was 'sus-
pende or revoked, as well as the date of
the sus nsion or revocation, and whether
the appl cant or any other individuals
listed pu uant to subsection (c)(1) has
been a pa ner in a partnership or an
officer, direc or or principal stockholder of
a corporatio whose license under this
section has p viously been suspended or
revoked, inclu ing the name and location
of the establis ent for which the license
was suspended r revoked, as well as the
date of the susp sion or revocation.
(5) Whether the apph ant or any other indi-
vidual listed pursu nt to subsection (c)(1)
holds any other lic ses under this sec-
tion and, if so, the n mes and location of
such other licensed e ablishments.
(6) The single classification
the applicant is filing.
(7) The location of the pro osed establish-
ment, including street ad ress.
(8) The names of the employe s for the pro-
posed establishment, if kno n; or, if pres-
ently unknown, a statement that effect.
/.
(9) A building and floor plan draw to appro-
priate scale of the proposed lice sed pre-
mises indicating the areas to be covered
by the license, all windows, do rs, en-
trances, and exits, and the fixe struc-
tural features of the establishm nt to
which the proposed license pertain The
term "fixed structural features" sha in-
~.
~ 10-68
clude immovable partitions and counters
and similar structures that are intended
to be permanent.
The applicant's mailing address; and, if
different, a designated return address
where all future correspondence from the
city may be sent.
Any additional information which the city
ommission deems necessary to effectuate
t e language and purpose of this section.
(d) Rej ction of incomplete or falsified applica-
tion. In th event it is determined or learned by
the buildin department at any time that the
applicant h s not properly completed the applica-
tion for a pr osed establishment or has falsified
the informat n contained therein, the applica-
tion shall be a tomatically rejected; or, if a license
has previously een issued based on said applica-
tion, said licens shall be declared null and void.
(e) Continuin duty. Each applicant shall have
a continuing duty nd obligation to disclose to the
. building departme t any changes or alterations
in the information disclosures required by this
section. Each appli ant shall maintain, at the
premises for review upon request by the city,
current copies of all formation or disclosures
required by this sectio
(f) Consent. By appl 'ng for a license under
this section, the applica t shall be deemed to
have consented to the pro . sions of this section.
(g) Investigation of applic nt. Upon receipt of
an application properly filed with the building
department and upon paymen of the nonrefund-
able application fee, a copy ofthe application shall
be forwarded to the police and fir departments of
the City of Winter Springs. Ea department
shall promptly conduct an invest! ation of the
applicant, application, and the propos d establish-
ment. At the conclusion of the investi tion, each
department shall indicate to the buildi g depart-
ment its approval or disapproval of th applica-
tion and the reasons therefor.
. (h) Issuance or denial of license.
(1) Upon the completion of the investigat' n
and review of the application as require ;
upon determination that the applican
~ 10-68
. ....0.0::0..:
WINTER SPRINGS CODE
meets the requirements of this section,
a upon payment of the appropriate li-
c nse fee by the applicant, the building
d artmerit shall issue the license.
(2) If fter review and investigation as pro-
vid d herein, the building department de-
ter ines that one (1) or more of the rea-
sons for denial stated below exist, the
appli tion shall be denied and the build-
ing de aitment shall make a written re-
port of edenial. and the reasons there-
for. Aco' of th~ report shall be sent by
certified' ail to the designated return
address 0 the' appliCant on the applica-
tion.
(i) Reasons for den 'al of applications of license.
The application for a Ii ense shall be denied if one
(1) or more of the follo ing reasons are found:
(1) The application oes not comply with the
requirements of t is article.
(2) The application
informa tion.
false
(3) The applicant or an
stated in subsection 1
a license under this ection which has
been suspended or rev ked as a result of
the implementation of su section (r) hereof.
(4) The grantfug of the ap lication would
violate a statute or ordina ce or an order
from a court oflaw which ffectively pro-
hibits the applicant from obtaining an
adult entertainment esta ishment li~
cense.
(5) To the extent permitted by la , the city
reserves the right to reject an a plicant if
the applicant is a convicted felo .
(j) Reapplication after denial: The a
may notreapplyfor a license for a period'o ne (1)
year from the date of denial unless there ha been
an intervening change in the circumstances hich
may lead to a different decision regardin the
former reason(s) for denial.
k) Time period for grant or denial of applica-
tio The building department shall grant or deny
all a lications submitted hereunder within forty-
five ( 5) days from the date that a completed
applica ion with application fee was submitted.
(1) Est blishmimt existing on effective date.
(1) Op rators of adult entertainment estab-
lish ents existing and operating on Au-
gust 14, 1995, the effective date of this
sectio , shall make application for a li-
cense ere under within sixty (60) days of
said e ective date. Said establishments
shall, b . permitted to operate pending
issuance of the license.
(2) such establishments shall be
issued as a atter of course upon submis-
sian of a co pleted application and pay-
ment of the plication fee; and, notwith-
standing the rovisions of subsection (i),
shall not be de ied unless the application
contains inade uate or material false in-
formation nothi g herein shall prevent
investigation of t e applicant as provided
in subsection (g) a d enforcement through
appropriate autho ity apart from this li-
censing provision.
(3) Except for the abov special application
provision, all other p visions of this or-
dinarice and section s 11 apply to such
licenses.
l~it~~;t:~;:
(m) Annual license fee. There s II be collected
under this section annual license fe s to be estab-
lished by resolution by the city com ission of the
City of Winter Springs. The annual icense fees
are declared regulatory in nature an collected
for the purpose of examination and ins ection of
adult entertainment establishments un er this
section and the adminis~ration thereof. These
regulatory fees are in addition to and not in ieu of
the occupational license taxes imposed b the
City of Winter Springs Code of Ordinances.
(n)' Contents of license, term of license, rene -
al!,;, expiration, lapse.
706
(1) Contents. An adult entertainment license
shall state on its face the name of the
licensee, the name of the establishment,
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LICENSES AND BUSINESS REGULATIONS
~ 10-68
the street address of the establishment,
the elassification(s) of the license, the
date of issuance, and date of expiration.
Terms. All license issued under this code
shall be annual licenses which shall com-
mence running on October 1st, on which
ate they shall have been paid for, and
all expire on September 30th of the
fi lowing year. If a license is issued after
o ober 1st, but by March 31st of the
foIl wing year, the applicant shall pay the
appr riate license fee. If a license is
issue after March 31st, but by October
1st of e same year the applicant shall
pay one alf (112) the appropriate license
fee.
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(3) Renewals, 'cense shall be renewed annu-
ally. Subjec to other provisions of this
section, a lic see under this section shall
be entitled t renewal of his annual li-
cense fromye to year, as a matter of
course, by Oct ber 1st by presenting the
license for the evious year and by pay-
ing the appropri te license fee.
(4) Expiration. A iice e that is not renewed
under this section y October 1st of each
year shall expire. expired license may
be renewed by N ov mber 30th for the
same year upon prese tment of an affida- .
vit stating that no a ult entertainment
activity has taken plac at the establish-
ment subsequent to exp ation, upon pay-
ment of the appropriate license fee, and
upon payment of a delin uent fee of ten
(10) percent of the approp iate license fee
for the month of October, or action thereof,
and an additional delinqu t fee of five
(5) percent of the appropria e license for
the month of November, or fra tion thereof.
(5) Lapse. All expired license not
November 30th shall lapse.
/
(0) Records and reports. Each licens e shall
keep such records and make sure reports s may
be required by the city commission of the ityof
Winter Springs to implement this sectio and
carry out its 'purpose.
"',
Transfer of license.
A licensee shall not transfer his license to
another person and thereby surrender
possession, control, and operation of the
licensed establishment to such other per-
son, unless and until such other person
satisfies the following requirements:
Files a completed application con-
taining the information required in
subsection (c) and the application
has been granted by building depart-
ment.
Pr.ovide satisfactory ~vidence that
the conveyance of the establishment
was bona fide and in good faith and
ithout intent to defraud.
c. y a transfer fee as provided by
re olution of the city commission of
th City of Winter Springs.
(2) No licen may be transferred pursuant
to this se ion when the building depart-
ment has otified the licensee that sus-
pension or' evocation proceedings have
been or will be brought against the lic-
ensee.
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(3) No license ma be transferred pursuant
to this section t a location other than the
one for which t license was issued.
(4) Any attempted tr nsfer of a license either
directly or indire ly in violation of this
section is hereby elared void, and the
license shall be dee ed canceled.
(q) Establishment name ange. No licensee
may change the name of an a ult entertainment
establishment unless and unti the following re-
quirements are satisfied:
(1) The building department . s given thirty
(30) days' notice in writing 0 the proposed
name change; and
(2) Change of name fee as est
resolution of the city commis . on of the
City of Winter Springs is pal
building department; and
(3) Licensee has complied with Section 5.09,
Florida Statutes, as amended from
to time.
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~ 10-68
WINTER SPRINGS CODE
(r) Violations of health, building, zoning or fire
statufr(s, codes, ordinances, or regulations. In the
event 'an adult entertainment establishment is
determi ed to be in violation of a health, building,
zoning, e statutes, codes, ordinances, or regu-
lation, th appropriate city department shall no-
tify the lie nsee of said violation and shall follow
the depart ent's authorized procedures for en-
forcement a d correction of any violation.
(Ord. No. 59 S XIX, 12-11-95)
(a) . The iicen e of an adult entertainment
establishment is r sponsiblefor keeping a record
of all employees w 0 are currently employed by
the establishment d all employees who were
employed during the preceding one (1) year pe-
riod. The record sha contain the current or
former employee's Ie I name, including any
aliases, his or her, date of birth, his or her resi-
dential address, his or r residential telephone
number (if any), his or h r driver license number,
or his or her state or fed rally issued identifica-
tion card number, and a r cent photograph as of
time of hiring.
(b) The original records r uired by subsection
(a), or true and exact photoco ies thereof, shall be
kept at the adult entertain me t establishment at
all.times.
(c) Any manager or owner f an adult enter-
tainment establishment shall, pon request by
the building department or a aw enforcement
officer of the City of WinterSpri gs, make avail-
able for inspecti0n the original e ployee records,
or true and exact. photocopies :.th reof, within a
reasonable time following such re uest.
(Ord. No. 595, S XX, 12-11-95)
Sec. 10-70. Adult cabaret provis
(a) In addition to the general requi ements for
ad.ult entertainment establishments ontained
heretofore, an .adult cabaret will, reg dless of
whether itislicensed under this sectio have a
stage provided for the display or exposur of any
specified anatomical area by an employ e to a
person other than another employee consis ing of
a permanent platform (or other similar p rma-
nent structure) raised a minimum of eightee (18)
i ches .above the surrounding floor and encom-
pa ing an .area of at least one hundred (100)
squa e feet. The stage shall be at least three (3)
feet fr m the nearest table, chair, or other accom-
modati where food, drink, or alcoholic beverage
is serve or consumed.
(b) An area in which a private performance
occurs sha :
(1) a permanently open entrance way
s than two (2) feet wide and not less
. 'x (6) feet high, which entrance way
shall. ot have any curtain rods,hinges,
rails, 0 the like which would allow the
entranc way to be closed or partially closed
by any urtain, door, or other partition;
and
(2) I-to-wall, ceiling-to-floor parti-
tion of soli construction without any holes
or opening which partition may be com-
pletely or pa tially transparent, and which
partition sep rates the employee from the
person viewi the displays.
(3) In any event all construction shall be
consistent wit applicable building and
fire code requir ents.
(c) This section shall ot apply to adult caba-
rets existing and operatiI1' in Winter Springs on
Dec: 11, 1995, the effecti date of this section;
proVided that any new con ruction shall be sub-
ject to said requirements, r gardless of whether
the establishment was in exi tence and operation
on the effective date of this s tion.
(Ord.. No.. 595, S XXI, 12-11-95
Sec. 10-71. Penalties.
Any and each violation of any p ovision of this
article shall .be punishable accord g to section
1-15, 2-69.1, Code of Ordinances, C ty of Winter
Springs, Florida.
(Ord. No. 595, S XXII, 12-11-95)
S~c. 10-72. Effective date.
This article shall become effective imm iately
upon. its passage and adoption [Dec. 11, 19 5].
Sees. 10-73-10-110. Reserved.
708
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December 8, 2003
City of Winter Springs
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Description
Index
Number
Case Law Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456
1.
Case Law Cafe 207, Inc. v. St.Johns County, 856 F. Supp 641 2.
(M.D. Fla. 1994)
Case Law City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 3.
106 S.Ct. 925Chapter 796, Florida Statutes
Case Law N W Enterprises, Inc. v. City of Houston, 27 F.Supp. 2d 754 4.
Case Law Ward v. County of Orange, 217 F.3d 1350 5.
Case Law Young v. American Mini Theatres, Inc., 427 U.S.50, 6.
96 S. Ct. 2440
Case Law City of Erie, et ai, v. PAP '8 A.M tdba "Kandyland", 7.
529 U.S. 277, 120 S.Ct. 1382)
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.
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 1 of 6
Description
Index
Number
Findings of Fact
Findings of Fact: Palm Beach County, Florida
11.
Findings of Fact
Findings of Fact: Minnesota Attorney General
12.
Findings of Fact
Findings of Fact: 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's of Mobile 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, IN Adult Entertainment Business in Indianapolis 20.
Indianapolis, IN Findings of Fact: Indianapolis, Indiana 21.
lslip, NY Town of lslip - Study and Recommendations for Adult 22.
Entertainment Businesses
Los Angeles, CA Study of the Effects of the Concentration of Adult 23.
Entertainment Establishments in the City of Los Angeles
Macon, GA Findings of Fact: Macon, Georgia 24.
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 2 of 6
Description
Index
Number
Minnesota
25.
Minnesota
Miscellaneous
Miscellaneous
Miscellaneous
An Analysis of the Relationship Between Adult Entertainment
Establishments, Crime, and Housing Values -
Summary Report
An Analysis of the Relationship Between Adult Entertainment
Establishments, Crime, and Housing Values -
Complete Report
Escort Service - Orange County Sheriff
Body Scrub Affidavit -- Metropolitan Bureau of Investigation,
Affidavit Prosecutive Summary
City of Casselberry - CCIB 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
26.
27.
28.
29.
Miscellaneous
30.
City of Casselberry - Findings of Fact and Conclusions of law
re: Revocation of Rachel's Adult Entertainment License
Miscellaneous
Escort Advertising
31.
Miscellaneous
32.
Miscellaneous
Miscellaneous
Escort Affidavit - Metropolitan Bureau ofInvestigation,
Affidavit Prosecutive Summary
Lewdness and Assignation, Nero's Cabaret, Special
Investigations Bureau
New York Magazine Article regarding Escort Business
33.
34.
Miscellaneous
Newsweek Magazine Article and Various Articles
35.
Miscellaneous
Sexual Performance Affidavit - MBI
36.
Miscellaneous
The Criminal Behavior of Nude Businesses
37.
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 3 of 6
Description Index
Number
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.
Seminole County, Adult Entertainment Centers - State Road 17-92 Southern 43.
FL Gateway, Seminole County, FL
Seminole County, Casselberry - Order Denying Rachel's Motion for 44.
FL Temporary Injunction; Order Denying Rachel's Petition
for Writ of Certiorari
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 Statutes (Sexual Battery) 48.
Statutes Chapter 826, Florida Statutes (Bigamy; Incest) 49.
Statutes Chapter 796, Florida Statutes (Prostitution) 50.
Statutes Section 847.0133, Florida Statutes (protection of Minors) 51.
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 4 of 6
Description Index
Number
Statutes Section 847.013, Florida Statutes (Exposing Minors) 52.
Study Alcohol Expectancy Set and Dyadic Interest in Erotica: A 53.
Test of Deviance Disavowal
Study Alcohol Expectancies and Sexuality: A Self-Fulfilling 54.
Prophecy
Study Alcohol and Hypermasculinity as Determinants of Men's 55.
Empathic Responses to Violent Pornography
Study Alcohol and Human Sexuality: Review and Integration 56.
State University of New York at Buffalo
Study Perceptions of Post drinking Female Sexuality: 57.
Effects of Gender, Beverage Choice, and Drink Payment
Journal of Applied Social Psychology
Study Postdrinking Sexual Inferences: 58.
Evidence for Linear Rather Than Curvilinear Dosage Effects
Journal of Applied Social Psychology
Study Self-Reported Alcohol Expectancies for Self and Other as a 59.
Function of Behavior Type and Dosage Set State University
of New York at Buffalo
Study Self-Reported Alcohol Expectancies and Postdrinking 60.
Sexual Inferences About Women - Journal of Applied
Social Psychology
Study Social Behavior and Personality - an international journal 61.
State University of New York at Buffalo
Study The Effects of Alcohol and Anger on Interest in Violence, 62.
Erotica, and Deviance State 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 Secondary Impacts of Sex Oriented Businesses -
Peter R. Hecht, Ph.D.
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 5 of 6
Description Index
Number
Case Law Seminole Entertainment, Inc. v. City of Casselberry, 813 So. 2d 65.
186 (Fla. 5th DCA 2002), rev. denied 835 So. 2d 269 (2002),
cert. denied 123 S. Ct. 2276, 71 USLW 3641 (2003)
Case Law City of Los Angeles v. Alameda Books, 535 U.S. 425 (2003) 66.
Case Law SOB, Inc. v. County of Benton, 317 F. 3d 856 (8th Cir. 2003) 67.
Case Law New York State Liquor Auth. V Bellanca, 452 U.S. 714 (1981) 68.
Ordinance Brevard County, Florida, Adult Entertainment Ordinance 69.
Other Publications
1. Final Report of the Attorney General's Commission on Pornography.
2. Gerard, Local Regulation of Adult Businesses, 2003 Edition.
G:lDocslCity of Winter SpringslAdult EnlenainmenllAdult_ EntenainmenUndex _Studies. wpd-
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 6 of 6