HomeMy WebLinkAbout2004 01 26 Public Hearings 405
COMMISSION AGENDA
Consent
ITEM 405
Informational
Public Hearing X
Regular
January 26,2004
Meeting
Mgr. /
REQUEST: The City Attorney requests that the City Commission approve on Second 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 "fudustrial" 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 plalming 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 CUlTent 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. fu order to supplement the legislative findings of facts used to justify the adoption of the
City's Adult Entertainment Code, Chapter 10, Article III, 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 atnend 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 Second Reading and
that this Ordinance be advertised for Third and Final Reading.
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.
The City Commission approved Ordinance 2003-41 on First Reading on December 8,2003.
Page 3 of 3
January 26, 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 afErie. et al. v. PAP'S 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.
Islip, NY Town of Is lip - 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
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 -
Compllete Report
Escort Service.. Orange County Sheriff
Body Scrub Affidavit -- Metropolitan Bureau of Investigation,
Affidavit Prosecutive Summary
26.
27.
28.
Miscellaneous
29.
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
Miscellaneous
30.
City of Casselberry - Findings of Fact and Conclusions oflaw
re: Revocation of Rachel's Adult Entertainment License
Miscellaneous
31.
Escort Advertising
Miscellaneous
32.
Miscellaneous
Escort Affidavit - Metropolitan Bureau of Investigation,
Affidavit Prosecutive Summary
Lewdness and Assignation, Nero's Cabaret, Special
Investigations Bureau
33.
Miscellaneous
34.
New York Magazine Article regarding Escort Business
Miscellaneous
35.
Newsweek Magazine Article and Various Articles
Miscellaneous
36.
Sexual Performance Affidavit - MBI
Miscellaneous
37.
The Criminal Behavior of Nude Businesses
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 3 of 6
Description
Index
Number
New York, NY
38.
City of New York - Adult Enteliainment Study
New York, NY
39.
Ordinance
Report on the Secondary Effects of the Concentration of Adult
Use Establishments in the Times Square Area Times Square
Business Improvement District - 1994
City of Casselberry Adult Entertainment Ordinance
40.
Ordinance
41.
Houston, Texas - Adult Entertainment Ordinance
Ordinance
42.
Seminole County, FL Adult Entertainment Ordinance
Seminole County,
FL
Adult Entertainment Centers - State Road 17-92 Southern
Gateway, Seminole County, FL
43.
Seminole County,
FL
Casselberry - Order Denying Rachel's Motion for
Temporary Injunction; Order Denying Rachel's Petition
for Wlit of Certiorari
44.
Statutes
45.
Chapter 800, Florida Statutes (Lewdness; Indecent Exposure)
Statutes
46.
Chapter 480, Florida Statutes (Massage Practice)
Statutes
47.
Chapter 847, Florida Statutes (Obscene Literature; Profanity)
Statutes
48.
Chapter 794, Florida Statutes (Sexual Battery)
Statutes
49.
Chapter 826, Florida Statutes (Bigamy; Incest)
Statutes
50.
Chapter 796, Florida Statutes (Prostitution)
Statutes
51.
Section 847.0133, Florida Statutes (Protection of Minors)
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
Test of Deviance Disavowal
53.
Study
Alcohol Expectancies and Sexuality: A Self-Fulfilling
Prophecy
Alcohol and Hypermasculinity as Determinants of Men's
Empathic Responses to Violent Pornography
Alcohol and Human Sexuality: Review and Integration
State University of New York at Buffalo
Perceptions of Post drinking Female Sexuality:
Effects of Gender, Beverage Choice, and Drink Payment
Journal of Applied Social Psychology
Postdrinking Sexual Inferences:
Evidence for Linear Rather Than Curvilinear Dosage Effects
Journal of Applied Social Psychology
Self-Reported Alcohol Expectancies for Self and Other as a
Function of Behavior Type and Dosage Set State University
of New York at Buffalo
54.
Study
55.
Study
56.
Study
57.
Study
58.
Study
59.
Study
Self-Reported Alcohol Expectancies and Postdrinking
Sexual Inferences About Women - Journal of Applied
Social Psychology
60.
Study
Social Behavior and Personality - an international journal
State University of New York at Buffalo
The Effects of Alcohol and Anger on Interest in Violence,
Erotica, and Deviance State University of New York at
Buffalo and University of Washington
Protecting Communities from Sexually Oriented
Businesses Len L. Munsil
61.
Study
62.
Study
63.
Study
Report to: The American Center for Law and Justice on
the Secondary Impacts of Sex Oriented Businesses -
Peter R. Hecht, Ph.D.
64.
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
186 (Fla. 5th DCA 2002), rev. denied 835 So. 2d 269 (2002),
cert. denied 123 S. Ct. 2276, 71 USLW 3641 (2003)
City of Los Angeles v. Alameda Books, 535 U.S. 425 (2003)
65.
Case Law
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:\Docs\City of Winter Springs\Adull Enlel1ainment\Aduh _Entertainment _ Index_Studies. wpd-
City Commission Legislative Record
Adult Entertainment, Sexually Oriented Businesses,
and The Effects of Alcohol
Page 6 of 6
ORDINANCE NO. 2003-41
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA AMENDING CHAPTER 10, ARTICLE III, OF THE
WINTER SPRINGS CITY CODE PERTAINING TO
SEXUALLY ORIENTED BUSINESSES AND ADULT
ENTERTA][NMENT 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 APPRO V AL AND DENIAL OF
LICENSE APPLICATIONS; PROVIDING FOR CONTINUING
DUTIES UF'ON LICENSED APPLICANTS; PROVIDING FOR
INVESTIGATIONS; PROVIDING FOR REAPPLICATION;
PROVIDING FOR TIME PERIODS FOR NOTICES,
SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING
FOR RESPONSIBILITIES OF CITY AND GOVERNMENT
OFFICIALS AND DEP ARTMENTS; PROVIDING FOR
EXPIRATI[ON, LAPSE, CONTINUATION, TERMS,
SUSPENSION, REVOCATION AND ENFORCEMENT OF
LICENSES; PROHIBITING THE TRANSFER OFLICENSES;
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
REGISTER.S AND INSPECTIONS THEREOF; PROVIDING
FOR DUTIES AND OBLIGATIONS; PROVIDING FOR
PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY
ESTABLISHMENTS 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
ADULT nOOK 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
ADULT 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
REQUIRE~v1ENTS 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 appropriatelyinc1uded
within the definition ofthe term "adult entertainnlent 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 fatnilies, 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 Ci1yCommission 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 ofthe 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 of this 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 dematlds 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 progratns in which credits
are transferable to a college, community college, or university supported paJily 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 of a
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 of thousands 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 atIDual 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 of the City
Code and renumbered as set forth herein; and
WHEREAS, the City Commission ofthe City of Winter Springs hereby finds and deems that
this Ordinance is in the best interests of the public health, safety, and welfare 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 ofthis Ordinance.
Section 2.
Repeal and Renumber Existing Code Provisions.
A. The City ofVvinter 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 III, is
hereby amended as follows (underlined type indicates additions, stIihout 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
ADULT lENTERT AINMENT 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. findings 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 unreasonable limitation or unreasonable 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 othelwise 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 CUv 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 (1991): City of Erie v. PaD '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 ofrecord
relating to the Seminole Countv and St. Johns County Public Nudity Ordinances, and on the
substance of and :finclings 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 of the State of Minnesota: the report of United States Attorney General's
Commission on Pomography (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 of fact 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
SexualUv: Review and Integration, Leif C. Crowe and William H. George, Psychological
Bulletin, 1989: Alcohol and HypermasculinUv as Determinants of Men IS EmDathic
ResDonses to Violent Pornographv, Jeanette Norris, William H. George, Kelly Cue Davis.
Joel Martell, R. Jacob Leonesio: Journal ofInt' I Violence, 1999: Alcohol EXDectancies and
Sexuality: A Self-Fulfilling ProDhecv. Analvsis ofDvadic PerceDtions 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; Ferceotion of Fostdrinking Female Sexua/itv:
Effects of Gender. Beverage Choice. and Drink Favment. Williatn 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, J oumal of Applied Social Psychology, 1997; Self-Reoorted Alcohol Expectancies and
Fostdrinking 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-
Reoorted Alcohol Expectancies for Self and Other as a Function of Behavior Tvoe and
Dosage Set; William H. George and Kurt H. Dernlen. Journal of Substance Abuse, 1988;
Sammv IS of Mobile. Ltd. v. Citv of Mobile, 140 F. 3d 993 (lIth Cir. 1998): Citv of Davtona
Beach v. Del Fercio 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.I. 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 ofthe City Commission revoking Rachel's adult entertainment license): McKee v. City
ofCasselberrv. 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 Citv 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 il licit 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.
{Q} 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
(RN) 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.
.cID. As of December 31. 1995, there have been 51.838 reported cases of AIDS in
the State of Florida.
i2l From 1981 to June 1996, the number ofliving persons testing positive for the
RN antibody with AIDs symptoms has risen to 73.217 in the 28 states having
confidential reporting requirements.
Q..Q} 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.
aD 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.
.Q2} 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.
@ According to the best scientific evidence. AIDS and HIV infection, as well
as syphilis and gonorrhea, are principally transmitted by sexual acts.
Q..1) 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 umegulated 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
Q.i) 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.
[lQ} The Endings noted in paragraphs number 1 through 15 and as set forth
hereinafter raise substantial governmental concerns.
Q1} Sexually oriented businesses and adult entertainment establishments have
operational characteristics which should be reasonably regulated in order to protect
those substantial governmental concerns.
.Q.ID. A rea.sonable licensing procedure is an appropriate mechanism to place the
burden ofthat reasonable regulation on the owners and the operators ofthe 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, safetv and welfare of its patrons and workers, as well as the citizens of the
City. It is apQropriate 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 requiring sufficient lighting on
premises with adult booths advances a substantial governmental interest in curbing
the illegal and unsanitary sexual activity occurring in adult theaters.
(20) Requiring licensees of sexually oriented businesses and adult entertainment
establishments to keep infonnation 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.
GD 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.
@ 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
ill.} The f:lct 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 form 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.
Qll 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.
GQ} 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 sexuallv 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.
(27) 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 subiect 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 fatnily 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.
Q..U 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 b light operate at cross-purposes
with Community Redevelopment Areas.
.Q2} 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 surrounding communitv and creates additional hazards to the
health and safetv of customers and workers and further depreciates the value of
adioining real property harming the economic welfare ofthe surrounding community
and adversely affecting the quality oflife, commerce, and community environment.
QJ} Physi.cal 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.
ill} In order to preserve and safeguard the good order. health. morals. safety. and
general welfare of the people ofthe Citv 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.
.Ql) The potential dangers to the good order, morals, health, safety, and general
welfare ofthe 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.
.Q2) Prohibiting sexuallv 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 ofthe activities that accompany such establishments and businesses.
!lID 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.2} 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
!3:D ~ractice 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 activity and,
therefore, are subiect to and require increased regulation to protect the health, good
order, morals, welfare and safety of the community.
(43) 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.
G2l ~~eneral welfare. health, good order, and safety ofthe citizens ofthe Citv
will be promoted by the enactment of this 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 of land 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, safetv, and
general welfare of the 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.
(f) Speech ProteCltion. 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 eJIects 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 County Public
Decency ordinance or the City's Code regulating public nudity at licensed beverage
establishments. The regulation of alcoholic beverage establishments is also addressed in the
City Code ofthe 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 orpersons
displaying or exhibiting specified anatomical areas: or the indecent exposure ofa person as
prohibited bv 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 from the sale and rental
of the 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 ofthe 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
greater 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 materia1." 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: One (1) or more of the following activities:
(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 display or exposure of any specified anatomical areas
regardless of whether the worker actually engages in performing or dancing: or
(b) Providing adult material for commercial or pecuniary gain: or
( 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: or
(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 paraphemalia 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."
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 ofthe display or exposure of any
specified anatomical areas. regardless of whether the worker actually engages in
performing or dancing: or
(3) offers, solicits, or contracts to dance or perfom1 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 ofthat 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
Cd) Consistent with the decision of the Supreme Court of Florida in the case of Hoffman v.
Carson. 250 So. 2d. 891. 893 (1971). appeal dismissed 404 U.S. 981 (971). 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. 9 800.03. 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 Beveragt:s: 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 if there is
proof that the beverage in question was or is known as beer. wine. whiskey. moonshine
whiskey. moonshine. shine. mm. 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 of the alcoholic nature thereof. may testify as to his opinion about
whether such bevera.ge is an alcoholic beverage.
Commercial Bodily Contact:
(a) The manipulation. washing. scmbbing. 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 of the 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 of the 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 teatn 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 of which 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 Establlishment: 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 behalf to pay any consideration,
fee, or tip to an operator or worker of an adult entertainn1ent establishment or sexually
oriented business.
Educational institution: A premises or site upon which there is an institution ofleaming
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 Flori.da 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
CD 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 perfornlance 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. It is an affirmative
defense to an alleged violation of this code regarding escort services if the alleged violator
is 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 dutv for anv 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.
City of Winter Springs
Ordinance No. 2003-41
Page 22 of 63
attendant or supervisor.
Park: A tract of land within any iurisdiction which is kept for omament 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, lOmt ventures,
partnerships, estates.. trusts, business trusts, syndicates. fiduciaries. corporations, and any and
all other similar entities and all officers, directors and principal stockholders of such associa-
tions. ioint 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 grati(ying 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
City of Winter Springs
Ordinance No. 2003-41
Page 23 of 63
a reasonable person to conclude that an act of sexual gratification was to be provided.
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 ofwhether 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 apply 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!;
(2) the male or female pubic area2;
(3) the vulva~
(4) the anus\
(5) the penis~
(6) the scrotum6;
(7) the cleavage of the buttocks;
(8) the buttocks;
(9) the anal7 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
vagma.
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
(11) the breast8 of a female;
(12) human male genitals in a discernibly turgid state. even if completely and
opaquely covered.
(b) Body 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 ofthis Article;
(b) Any felony not otherwise specified in this definition;
o
(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);
(D 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 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.)
(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 sUlTounding 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 of the 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
Page 25 of 63
(b) acts of human anilingus9, bestialitylO, buggery", cunnilingus 12, coprophagyl3,
coprophilia 14, fellatio 15, flagellation 16, masochism 17, masturbation 18,
necrophilia 19 ,pederastyZo ,pedophilia21 , sadism22, sadomasochism23, sapphism24, sexual
intercourse25, sodomy26, urolagnia27, or zooerasty28; or
(c) fondling or other touching of human genitals, pubic region, any part of the 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
(g) excretory functions as part of or in connection with any of the activities set forth in
9 Anilingus - Oral stimulation of the anus by use of the tongue or lips.
lOBestiality - (I) 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.
IIBuggery - 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.
18Masturbation - Stimulation of genitals or other erogenous areas by some means other than sexual intercourse, such
as a hand or object.
I~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
Page 26 of 63
subsections (a) through (f).
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 by 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) Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touching"
is direct or through a medium.
(d) The terms "lap dance," "table dance," and "face dance" are included within the term
"straddle dance".
Worker: A person who works, perfomls, 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.
Anv 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 bv
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 jurisdiction of misdemeanors by the prosecuting
attorney thereof and, upon conviction, shall be punished by a fine not to exceed Five
Hundred and Noll 00 Dollars ($500.00) or by imprisonnlent in the County jail not to exceed
City of Winter Springs
Ordinance No. 2003-41
Page 27 of 63
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 sep-arate offense. In addition to the penalties provided under this section,
violators of this Article shall be subject 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. Licens€:: 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 sexually oriented
business or an adult entertainment establishment where that person knows or has reason to
know that the license ofthe 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 ofthe 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, the City Manager 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:
(l) Adult bookstore/adult video store;
(2) Adult performance establishment;
(3) Adult motel;
(4) Adult theater;
(5) Commercial Bodily Contact Establishment
(6) Escort Service.
(d) Single License/Single Classification of License. Only one (l) license may be issued
for a location or any single building and only under a single classification.
City of Winter Springs
Ordinance No. 2003-41
Page 28 of 63
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 responsible for granting, denying. revoking,
renewing, suspending and canceling a license issued under this A11icle.
(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.
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
City of Winter Springs
Ordinance No. 2003-41
Page 29 of 63
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:
(l) 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 Citv 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 (l) 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.
(d) 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.
City of Winter Springs
Ordinance No. 2003-41
Page 30 of 63
(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.
(f) The applicant shall state whether the applicant or anvother 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, ifknown, or, if presently unknown a statement to that effect.
(j) 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 stlUctural features, walls, stages, partitions, projection 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.
(1) The applicant shall provide a recent color photograph ofthe applicant in passport size if
an individual and of each officer and director if a partnership, corporation or other similar
entity.
City of Winter Springs
Ordinance No. 2003-41
Page 31 of 63
(m) The applicant shall provide the weight height, color of eyes, 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 applicant'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 ofthe 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 misleading information.
(a) Each applicant shall be under a continuing duty and obligation to disclose to the City
Manager or his desi~~ee any and all changes or alterations in the information or disclosures
required by this Article. It is the duty 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 infomlation which is intended to facilitate the issuance of a license.
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.
City of Winter Springs
Ordinance No. 2003-41
Page 32 of 63
Sec. 10-64. Investit:ation 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. IssuaD(:e 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 (l) or more ofthe reasons for denial set forth in Section 10-66 exist, the
application shall be denied, within thirty (30) days of the 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 ofthe 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 judicial 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:
(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.
City of Winter Springs
Ordinance No. 2003-41
Page 33 of 63
(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 Alticle 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.
(f) 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. AnnuaUlicense 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 NOll 00 DOLLARS ($750.00);
(3) Adult performance establishments - SEVEN HUNDRED FIFTY AND NOll 00
DOLLARS ($750.00);
(4) Adult motel- SEVEN HUNDRED FIFTY AND NO/l 00 DOLLARS ($750.00);
(5) Commercial bodily contact establishment - SEVEN HUNDRED FIFTY AND
NO/IOO DOLLARS ($750.00); and
City of Winter Springs
Ordinance No. 2003-41
Page 34 of 63
(6) Escort Service - SEVEN HUNDRED FIFTY AND NO/IOO 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 thi.s 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 A11icle 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 1, 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 I of the same year, the applicant shall
pay one-half the 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 .AJ1icle. 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 apQlication 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 detennination on the renewal
application after the commencement of the new license year on October I. Ifthe application
for a renewal is denied, the applicant may immediately appeal to a court of competent
jurisdiction, which court shall provide prompt iudicial review of said appeal.
(d) Nonconformin~~ Establishments. Unless expressly provided otherwise in this Article,
the nonconforming s.tatus of any adult entertainment and sexually oriented business shall be
governed by the nonconforming uses ofland and uses of structures provisions of the City's
Land Development Code.
City of Winter Springs
Ordinance No. 2003-41
Page 35 of 63
Sec. 10-70. Records and reports.
Each licensee shall keep such records and make such reports as may be required by this
Article.
Sec. 1 0-71. Transft~r 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 change.
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 ofthis Section 10-73, the tenn "violation" shall mean an incident having
occurred at, or by, an adult entertainment establishment or sexually oriented business which
is prohibited by the provisions of this 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 by this Article; the City Manager or his
designee may suspend the license for a period not to exceed thirty (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 City
Manager or his designee shall suspend a license when he or his desi gnee determines that anv
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 accordanc(~ with this Article, that the violations have not occurred. For purposes
of caIculatim~ this two (2) year period. the two (2) year period shall be deemed to be
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 of the last violation occurrence date from which the conviction resulted in
City of Winter Springs
Ordinance No. 2003-41
Page 36 of 63
a thirty (30) day suspension pursuant to subsection (c )(1), but not including any time
during which the license was effectively suspended, and a conviction results from
one (l) 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 (I) 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 (c )(2). but not including any time
during which the license was effectively suspended. and a conviction results from
one (l) 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 (l )
of the following has occurred:
(l) 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. 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 1 0-61(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 I 0-61(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 (b) of this
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.
City of Winter Springs
Ordinance No. 2003-41
Page 37 of 63
(I) 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 .A.rticle 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 of four
(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 any 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 safetv matters. and any and all other remedies available under the laws of the State
ofPlorida 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 writim~ 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
effecti ve fifteen (15) days after mailing to the licensee's record address, posting at the
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
City of Winter Springs
Ordinance No. 2003-41
Page 38 of 63
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 previouslv challenged in
a suspension or revocation hearing, may be challenged in the same manner but is not abated
during the proceedin~
(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.
(l) Appointment, term and compensation of hearing officer:
iALfhree (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.
illU:Iearing officers shall be subject 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.
(QlJ3ecause 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.
illlJt shall be unlawful for a hearing officer to act as an agent or an attorney
for a partv involved in a determination under the provisions of this 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
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
City of Winter Springs
Ordinance No. 2003-41
Page 39 of 63
l2ill1Yrequests the opportunity for rebuttal within ten (l0) 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.
(E) Selection of Hearing Officer. If the City Manager and licensee cannot
agree on the use of one (1) ofthe three (3) hearing officers, 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 then 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 preiudice
by the licensee.
(2) The hearing officer shall have the power to:
~\.dopt rules for the conduct of the hearing;
illl-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;
.eel-Subpoena evidence to its hearings;
(QLA.dminister oaths and take testimony under oath; and
(m Issue an order having the force oflaw suspending or revoking the license.
(3) The suspension or revocation hearing shall be held within thirty (30) days ofthe
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 proeedures 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.
(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.
City of Winter Springs
Ordinance No. 2003-41
Page 40 of 63
(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 of presentation of testimony and evidence
shall be as follows:
(A) The City Manager or his designee and any witnesses of the City Manager
or his designee.
illlJ'he licensee and any witnesses of the licensee.
i.CLl~ebuttal witnesses from the City Manager or his designee.
mL1~ebuttal 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 Citv 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
attorney at any hearing.
(12) All testimony before the hearing officer shall be under oath and shall be
recorded. The licensee or the Citv mav 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 d.ate 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
of the City Manager's receipt oflicensee's written notice of challenge.
(c) Filing 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.
City of Winter Springs
Ordinance No. 2003-41
Page 41 of 63
(d) Judicial Review. Any person who participated in a suspension or revocation hearing
before the Hearing Officer and who is aggrieved by the decision ofthe Hearing Officer may
immediately challenge the decision in any court of competent iurisdiction 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.
([) 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 if the 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 offinal suspension or revocation of the 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. Workelr 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 anv) 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 photo?Xaph of the worker as of the date of association
with the establishment which accurately reflects the date on which the photograph was taken.
Said records shall be maintained for a period of no less than two (2) years from the date the
worker is separated from employment.
~
City of Winter Springs
Ordinance No. 2003-41
Page 42 of 63
(b) The original records required by subsection (a) or hue 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 shal t
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
sexuallv oriented businesses.
(a) Each adult enteJ1ainment establishment and sexually oriented business, regardless of
whether it is licensed under this Article, shall observe the following general requirements:
(1) Confornl 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.
(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.
City of Winter Springs
Ordinance No. 2003-41
Page 43 of 63
(7) Not employ 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 (35") 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.
(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.
City of Winter Springs
Ordinance No. 2003-41
Page 44 of 63
(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 ofthe 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 oftwo (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:
(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 offurniture) to accommodate the maximum number of persons who may occupy
the area;
City of Winter Springs
Ordinance No. 2003-41
Page 45 of 63
(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 illumi.nated 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) Ifthe adult theater contains adult booths, each adult booth shall comply with each ofthe
following provisions:
(I) 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 may
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, e)~t for the entrance, walls or partitions of solid constmction without
any holes or openings in such walls or partitions.
(c) Have one (1) or more manager's stations.
(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.
City of Winter Springs
Ordinance No. 2003-41
Page 46 of 63
(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 (I )
ofthe manager's stations. The view required in this subsection shall be by direct line of sight
from the manager's station.
(f) 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 industlial strength cleaning agents, to cover furniture permitted by 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.
(j) 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.
(1) Keep all fumiture upholstery material free from holes and rips.
(m) 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 pernlanent structure) raised a minimum
of eighteen inches (18") above the surrounding floor and encompassing an area of at least one
hundred (l 00) 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.
City of Winter Springs
Ordinance No. 2003-41
Page 47 of 63
(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 pernlanent 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 oerfonnance establishment
shall. regardless of whether it is licensed under this Article:
0) 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 siJ~ 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 bodilv 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
bodilv 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.
(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
City of Winter Springs
Ordinance No. 2003-41
Page 48 of 63
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 ifmale 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.
(j) 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.
(]) 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 or pennit 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.
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 of whether
licensed under this Article, shall:
(a) Not advertise, offer or perform any other service than services which are posted.
City of Winter Springs
Ordinance No. 2003-41
Page 49 of 63
(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 jurisdictional limits 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 displays 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. Not\1Vithstanding 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) Ifa 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
sexually oriented business license and the escort's own occupational license. if applicable,
and the location of the meeting within the structure.
Sec. 10-82. Engagilllg 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:
City of Winter Springs
Ordinance No. 2003-41
Page 50 of 63
(l) To enga~~e 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 enga~~e 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
establishment.
(6) If a worker is a female, to intentionally touch, fondle or manipulate her on her
clothed or unclothed breast(s), either directly 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.
(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:
(1) 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.
City of Winter Springs
Ordinance No. 2003-41
Page 51 of 63
(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. En{:agilllg 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:
(1) 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 of this 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.
(7) To display or expose specified anatomical areas while engaging in personal
advertising, pandering, or solicitation. whether passive or otherwise, on behalf ofthe
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 ofthe establishment or business to enter
the establishment or business.
City of Winter Springs
Ordinance No. 2003-41
Page 52 of 63
(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 intentionally touch or fondle, either directly
or through a medium, anv 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) To allow or encourage a customer to intentionally touch any portion of a
worker's 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 1O-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 ofa customer who is exposing specified anatomical
areas at the establishment or in the presence of a worker or another customer.
(15) To vio1.ate 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 of the 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
oriented business, regardless of whether it is licensed under this Article, to knowingly or with
reason to know pemlit suffer or allow any worker to commit any of the following acts:
(1) To acceQt 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.
City of Winter Springs
Ordinance No. 2003-41
Page 53 of 63
(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:
(l) 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.
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:
(1 ) 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.
City of Winter Springs
Ordinance No. 2003-41
Page 54 of 63
(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 of this Article regardless of whether the
establishment is licensed thereunder.
(c) It is unlawful for any person to be an operator of an adult perfornlance 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 ofthe special requirements of Section 10-81 ofthis 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 Jrestrooms or dressing 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 anv 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.
(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 perfOlmance establishment which has a
dressing room for use by its workers, that is accessible to customers.
City of Winter Springs
Ordinance No. 2003-41
Page 55 of 63
(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 of a customer and is of the same sex of the customer occupying the rest room.
(f) 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 (18) 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.
(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 [.)r 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
City of Winter Springs
Ordinance No. 2003-41
Page 56 of 63
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.
(f) 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 whi.le 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.
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 of 2:00 a.m. and 9:00 a.m. of any particular day.
City of Winter Springs
Ordinance No. 2003-41
Page 57 of 63
(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 10:00 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 ofthe 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:
(l) 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 ofthe 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.
(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.
City of Winter Springs
Ordinance No. 2003-41
Page 58 of 63
( 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, pernlit, 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 bodi ly contact except at the premises of a commercial
bodily contact establishment licensed under this Article.
(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 intentionallv touch, fondle, manipulate or massage the specified anatomical area of
any customer.
City of Winter Springs
Ordinance No. 2003-41
Page 59 of 63
(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 cllstomer 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.
0) 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 ofthe 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~ savings provision.
(a) Notwithstandim~ 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 bv 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.
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.
City of Winter Springs
Ordinance No. 2003-41
Page 60 of 63
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 eighteen (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
ei ghteen (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=2tti-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, or transfer of
ownership 01 col1trot of an adult entertainment establishment or sexually oriented business
within seven hundred fifty (750) feet of any other adult entertainment establishment or
sexuallv oriented business, any church, school, public park or public recreation area orwithin
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 shall
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
(750) 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 (l0) 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
City of Winter Springs
Ordinance No. 2003-41
Page 61 of 63
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. MeasulCluent of
distances between adult enteliainment establishments sllall be fiOhllot linG to lot line at tbcil
llGalest poilits.
Section 4. Severability. If any Section or portion of a Section of this 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 ofthe 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 of the 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:IDocslCity of Winter SpringslAdull EntertainmentIAduIU:ntertainment_2003.41, wpd
City of Winter Springs
Ordinance No. 2003-41
Page 63 of 63