Loading...
HomeMy WebLinkAboutOrdinance 595 Adult Entertainment ORDINANCE NUMBER 595 NO ADOPTION DATE; WAS APPROVED IN DECEMBER 11,1995 MEETING. ORDINANCE NO. 595 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 10, ARTICLE; III, SECTIONS 10-51 THROUGH 10-110 ADULT ENTERTAINMENT ESTABLISHMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA, IN ITS ENTIRETY, SETTING FORTH AUTHORITY FOR ENACTMENT: SETTING FORTH SCOPE; SETTING FORTH PURPOSE; SETTING FORTH FINDINGS OF FACT: SETTING FORTH DEFINITIONS: PROVIDING ZONING, PROHIBITED LOCATIONS, MEASUREMENTS OF DISTANCES, AND PROVISIONS FOR NON CONFORMING USES; PROVIDING GENERAL REQUIREMENTS, STANDARDS; ADVERTISING, AND DESCRIBING PROHIBITED ACTS; PROVIDING PROHIBITION OF ADMISSION OF MINORS AND SALES TO MINORS; PROVIDING PRESUMPTION; PROHIBITING OPERATION BETWEEN HOURS OF 2 A.M. AND 9 A. M. : PROVIDING FOR LICENSED PROVISIONS; PROVIDING EMPLOYEE PROVISIONS; PROVIDING SPECIFIC REGULATIONS FOR ADULT ENTERTAINMENT; AND OTHER SUCH ESTABLISHMENTS; PROVIDING FOR PEHALTIBS, CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECT DATE. WHEREAS, The City Commission of Winter Springs, Florida finds and declares that physical contact within establishments at which activities described below occur between employees and customers poses a threat to the health of both and promotes the spread of communicable and social diseases: and WHEREAS, the location of numerous adult entertainment establishments proximate to residential areas and other land uses adversely impacts neighborhoods, the overall quality of life in the community and the general trends of a positive community development: and WHEREAS, the City Commission of Winter Springs finds and declares that establishments exist or may exist within Winter Springs, Florida where books, magazines, videos, motion pictures, prints, photographs, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold; and WHEREAS, the City Commission of Winter Springs finds and declares that establishments exist or may exist within Winter Springs, Florida, where dancers, entertainers, performers, and other indi viduals, who for any form of commercial gain, 1 perform or are presented while displaying or exposing specified anatomical areas; where straddle dancing occur; where private modeling occur; and where massages by unlicensed massage therapists, and/or body scrubs occur, and WHEREAS, the City Commission of Winter springs finds and declares that when the activities described above are present in establishments within winter Springs, Florida, other activities which are illegal, immoral, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but not limited to, prostitution, pandering, solicitation for prostitution, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property; and WHEREAS, the City Commission of Winter Springs finds and declares that when the activities described above are present within establishments within winter Springs, Florida, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower property values, promote crime, and ultimately lead residents and businesses to move to other locations; and WHEREAS, the City commission of winter Springs finds and declares that in order to preserve and safeguard the health, safety and general welfare of the people of Winter Springs, it is necessary and advisable for winter Springs, Florida, to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described above occur; and WHEREAS, the provisions of this ordinance are necessary to protect and preserve the pUblic health, safety and welfare. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I: ARTICLE III, "ADULT ENTERTAINMENT ESTABLISHMENTS, SECTION 10-51 THROUGH 10-110, "ADULT ENTERTAINMENT ESTABLISHMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA, IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS: SECTION II: AUTHORITY. THIS ORDINANCE IS ENACTED UNDER THE HOME RULE POWER OF THE CITY OF WINTER SPRINGS, FLORIDA, AND IS ENACTED IN THE INTEREST OF THE PUBLIC HEALTH, PEACE, SAFETY, MORALS, AND GENERAL WELFARE OF THE CITIZENS AND 2 INHABITANTS OF THE CITY OF WINTER SPRINGS, FLORIDA, TO REGULATE BUSINESSES WITHIN THE CITY OF WINTER SPRINGS, FLORIDA. SECTION III: PURPOSE. THE INTENT OF THE CITY COMMISSIONERS IN ADOP~ING THIS SECTION(S) IS TO ESTABLISH REASONABLE AND UNIFORM REGULATIONS FOR THE ADULT ENTERTAINMENT INDUSTRY THAT WILL PROTECT HEALTH, SAFETY, PROPERTY VALUES, AND GENERAL WELFARE OF THE PEOPLE, BUSINESSES AND INDUSTRIES OF THE CITY. IT IS NOT THE INTENT OF THE CITY COMMISSIONERS TO LEGISLATE WITH RESPECT TO MATTERS OF OBSCENITY. THESE MATTERS ARE REGULATED BY FEDERAL AND STATE LAW, INCLUDING CHAPTER 847 OF THE FLORIDA STATE STATUTES. SECTION IV: FINDINGS OF FACT BASED UPON EVIDENCE AND TESTIMONY PRESENTED AT PUBLIC HEARINGS BEFORE THE CITY COMMISSIONERS OF NEARBY CITIES AND ON THE FINDINGS INCORPORATED IN THE UNITED STATES ATTORNEY GENERAL'S COMMISSION ON PORNOGRAPHY (1986), JACKSONVILLE ORDINANCE CODE CHAPTER 410, ORD 77-257-256, SECTION 1, AND THE FINDINGS DECLARATIONS AS STATED IN THE WHEREAS CLAUSES IN THE SEMINOLE COUNTY ADULT ENTERTAINMENT CODE (1988); THEREUPON, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, FIND THAT: (a) Commercial establishments exist or may exist within the City and other nearby cities or counties in Central Florida where books, magazines, periodicals and other printed material, or photographs, films, motion pictures, prints, video tapes, slides or other visual representations 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 are possessed, displayed, exhibited, distributed and/or sold. (b) Commercial establishments exist or may exist within the city and other nearby cities or counties in Central Florida where 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. (c) The activities described in subsections (a) and (b) occur at establishments which operate for the purpose of making a profit and, as such, are subject 3 to regulation by the city in the interest of the health, safety, economy, property values, and general welfare of the people, businesses and industries of the city. (d) When the activities described in subsections (a) and (b) are present in establishments, 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. (e) When the activities described in subsections (a) and (b) are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described in subsection (d), and ultimately lead residents and businesses to move to other locations. (f) The establishments in which the activities described in subsections (a) and (b) occur often are constructed, in part or in whole, of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupant, and having exterior signs or appearances that lower the surrounding property values and contribute to urban decline. (g) The activities described in subsections (a) and (b) often occur in establishments concurrent with the sale and consumption of alcoholic beverages. (h) The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a) and (b) leads to an increase in criminal acti vi ty, unsafe acti vi ty, and disturbances of the peace and order of the surrounding community. ( i ) The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a) and (b) creates additional hazards to the health and safety of persons in attendance and further depreciates the value of adjoining real property, harming the economic welfare of the 4 surrounding community and adversely affecting the quality of life, tone of commerce, and community environment. (j) In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses, and industries of the city, it is necessary and advisable for the City to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (a) and (b) occur. (k) Employees of establishments at which the activities described in subsections (a) and (b) occur engage in a higher incident of certain types of unhealthy or criminal behavior than employees of other establishments. (1) Physical contact or touching within establishments at which the activities described in subsections (a) and (b) occur between employees exhibiting specified anatomical areas and customers pose a threat to the health of both, and promotes the spread of communicable and social diseases. (m) In order to preserve and safeguard the health, safety, and general welfare of the people of the city, it is necessary and advisable for the city to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers, and customers at establishments where the activities described in subsections (a) and (b) occur. (n) The potential dangers to the health, safety and general welfare of the people of the City posed by permitting an establishment at which the activities described in subsections (a) and (b) occur to operate without first meeting the requirement for obtaining a license under this code are so great as to require the licensure of such establishments prior to their being permitted to operate. (0) Requiring operators of establishments at which the acti vi ties described in subsections (a) and (b) occur to keep a list of information concerning current employees and certain recent past employees 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 in such establishments. 5 (p) Prohibiting establishments at which the activities described in subsections (a) and (b) occur 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 effects of the activities that accompany such establishments. (q) Straddle dancing, unregulated private performances, and enclosed adult booths in establishments at which the activities described in subsections (a) and (b) occur have resulted in indiscriminate commercial sex between strangers and pose a threat to the health of the participants and promotes the spread of communicable sexual transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression. SECTION V: CONSTRUCTION. THIS ORDINANCE SHALL BE LIBERALLY CONSTRUED TO ACCOMPLISH ITS PURPOSES OF REGULATING ADULT ENTERTAINMENT AND RELATED ACTIVITIES. UNLESS OTHERWISE INDICATED, ALL PROVISIONS OF THIS PART SHALL APPLY EQUALLY TO ALL PERSONS, REGARDLESS OF SEX. MASCULINE PRONOUNS, SUCH AS "HE", "HIS", AND "HIM", AS EMPLOYED IN THIS PART 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 SUGGEST OTHERWISE. SECTION VI: OBSCENITY NOT PERMITTED. NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED TO ALLOW OR PERMIT THE POSSESSION, DISTRIBUTION, AND TRANSPORTATION OF OBSCENE MATERIALS, OR TO AUTHORIZE THE EXPOSING OF PERSONS UNDER SEVENTEEN ( 17 ) YEARS OF AGE TO MOTION PICTURES, EXHIBITIONS 1 SHOWS, REPRESENTATION, AND PRESENTATION OF SPECIFIED SEXUAL ACTIVITIES OF PERSONS DISPLAYING OR EXHIBITING SPECIFIED ANATOMICAL AREAS. THESE MATTERS ARE PREEMPTED TO THE STATE OF FLORIDA AND ARE SUBJECT TO REGULATIONS THEREOF; TO THE EXTENT THE STATE PERMITS AN AGE GREATER THAN 17 YEARS OF AGE, THEN THIS SECTION 6 SHALL BE READ TO ADOPT THAT GREATER AGE. SECTION VII: DEFINITIONS. A. ADULT BOOK STORE: AN ESTABLISHMENT WHICH SELLS OR 6 RENTS ADULT MATERIAL, UNLESS THE ADULT MATERIAL IS ACCESSIBLE ONLY BY EMPLOYEES AND EITHER THE GROSS INCOME FROM THE SALE OR RENTAL OF ADULT MATERIAL COMPRISES LESS THAN TEN PERCENT (10%) OF THE GROSS INCOME FROM THE SALE OR RENTAL OF GOODS OR SERVICES AT THE ESTABLISHMENT OR THE INDIVIDUAL ITEMS OF ADULT MATERIAL OFFERED FOR SALE OR RENTAL COMPRISE LESS THAN TWENTY-FIVE (25%) OF THE INDIVIDUAL ITEMS PUBLICLY DISPLAYED AT THE ESTABLISHMENT AS STOCK-IN-TRADE IN ANY OF THE FOLLOWING CATEGORIES: BOOKS, MAGAZINES, PERIODICALS, OR OTHER PRINTED MATTER OR PHOTOGRAPHS, FILMS, MOTION PICTURES, VIDEO CASSETTES, SLIDES, OR OTHER VISUAL REPRESENTATION, OR RECORDINGS, OR OTHER AUDIO MATTER. ANY ADULT USE ACTIVITY OTHER THAN THE SALE OR RENTAL OF ADULT MATERIAL SHALL PRECLUDE THE ESTABLISHMENT'S QUALIFYING SOLELY AS AN ADULT BOOK STORE AND SHALL MANDATE ITS CLASSIFICATION AS OTHER THAN AN ADULT BOOK STORE. HOWEVER, IT IS AN AFFIRMATIVE DEFENSE TO AN ALLEGED VIOLATION OF THIS ORDINANCE REGARDING OPERATING AN ADULT BOOK STORE WITHOUT AN ENTERTAINMENT LICENSE IF THE ALLEGED VIOLATOR SHOWS THAT THE ADULT MATERIAL IS ACCESSIBLE ONLY TO EMPLOYEES AND EITHER THE GROSS INCOME FROM THE SALE AND/OR RENTAL OF ADULT MATERIAL COMPRISES LESS THAN TEN PERCENT (10%) OF THE GROSS INCOME FROM THE SALE AND/OR RENTAL OF GOODS AND/OR SERVICES AT THE ESTABLISHMENT, OR THE INDIVIDUAL ITEMS OF ADULT MATERIAL OFFERED FOR SALE AND/OR RENTAL COMPRISE LESS THAN TWENTY- FIVE (25%) OF THE INDIVIDUAL ITEMS PUBLICLY DISPLAYED AT THE ESTABLISHMENT. AS STOCK-IN-TRADE IN ANY OF THE FOLLOWING CATEGORIES: BOOKS, MAGAZINES, PERIODICALS OR OTHER PRINTED MATTER, OR SLIDES OR VISUAL REPRESENTATIONS, OR RECORDINGS, OR OTHER AUDIO MATTER. B. ADULT BOOTH: A SEPARATE ENCLOSURE INSIDE AN ADULT ENTERTAINMENT ESTABLISHMENT 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 OTHER BOOTH USED TO VIEW "ADULT MATERIAL" OR PERSONS DISPLAYING OR EXPOSING SPECIFIED ANATOMICAL AREAS. THE TERM ADULT BOOTH SHALL NOT INCLUDE A RESTROOM OR FOYER THROUGH WHICH THE PUBLIC ENTERS OR EXITS THE ESTABLISHMENT. C. ADULT CABARET: A CABARET OR ENTERTAINMENT ESTABLISHMENT WHICH FEATURES GO-GO DANCERS, EXOTIC DANCERS, STRIPPERS, NUDE OR SEMI -NUDE ENTERTAINERS, MALE OR FEMALE IMPERSONATORS, OR SIMILAR ENTERTAINERS. THE TERM "ADULT DANCING ESTABLISHMENT" IS INCLUDED WITHIN THE DEFINITION OF "ADULT CABARET". 7 D. ADULT DANCING ESTABLISHMENT: AN ESTABLISHMENT WHERE EMPLOYEES DISPLAY OR EXPOSE SPECIFIED ANATOMICAL AREAS TO OTHER, REGARDLESS OF WHETHER THE EMPLOYEES ACTUALLY ENGAGE IN DANCING. THE TERM "ADULT DANCING ESTABLISHMENT" IS INCLUDED IN THE TERM "ADULT CABARET." E. ADULT ENTERTAINMENT ESTABLISHMENT: AN ADULT ARCADE, ADULT BOOKSTORE, ADULT CABARET, ADULT DANCING ESTABLISHMENT, ADULT MOTEL, ADULT THEATER, A MASSAGE, SCRUB OR RELATED ESTABLISHMENT, OR AN ADULT PERFORMANCE ESTABLISHMENT OPERATED FOR COMMERCIAL OR PECUNIARY GAIN REGARDLESS OF WHETHER SUCH ESTABLISHMENT IS LICENSED UNDER THIS CODE. OPERATED FOR COMMERCIAL OR PECUNIARY GAIN SHALL NOT DEPEND UPON ACTUAL PROFIT OR LOSS. IT SHALL BE PRESUMED THAT AN ESTABLISHMENT IS OPERATED FOR COMMERCIAL OR PECUNIARY GAIN IF THE ESTABLISHMENT HAS AN OCCUPATIONAL LICENSE. AN ESTABLISHMENT WITH AN ADULT ENTERTAINMENT LICENSE SHALL BE PRESUMED TO BE AN ADULT ENTERTAINMENT ESTABLISHMENT. F. ADULT MATERIAL: ONE ( 1 ) OR MORE OF THE FOLLOWING, REGARDLESS OF WHETHER IT IS NEW OR USED: 1. BOOKS, MAGAZINES, PERIOD!CALS, OR OTHER PRINTED MATTER, OR PHOTOGRAPHS, FILMS, MOTION PICTURES, VIDEO CASSETTES, SLIDES, OR OTHER VISUAL REPRESENTATIONS, OR RECORDS, OR OTHER AUDIO MATTER, WHICH HAVE AS THEIR PRIMARY OR DOMINANT THEME MATTER DEPICTING, ILLUSTRATING, DESCRIBING, OR RELATING TO SPECIFIED SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS; OR 2. INSTRUMENTS, NOVELTIES, DEVICES, OR PARAPHERNALIA WHICH ARE DESIGNED FOR USE IN CONNECTION WITH SPECIFIED SEXUAL ACTIVITIES. G. ADULT MOTEL: ANY MOTEL, HOTEL, BOARDING HOUSE, ROOMING HOUSE, OR OTHER PLACE OF TEMPORARY LODGING WHICH INCLUDES THE WORD If ADULT" IN ANY NAME IT USES, OR OTHERWISE ADVERTISES THE PRESENTATION OF FILMS, MOTION PICTURES, 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 TERMS "ADULT MOTEL" IS INCLUDED WITHIN THE DEFINITION OF "ADULT MOTION PICTURE THEATER." H. ADULT PERFORMANCE ESTABLISHMENT: AN ESTABLISHMENT WHERE AN EMPLOYEE ENGAGES IN A PRIVATE PERFORMANCE OR DISPLAYS OR EXPOSES ANY SPECIFIED ANATOMICAL AREA TO A PERSON OTHER THAN ANOTHER EMPLOYEE, REGARDLESS OF 8 WHETHER THE EMPLOYEE ACTUALLY ENGAGES IN DANCING; WEARS - ANY COVERING, TAPE, PASTIE, OR OTHER DEVICE WHICH SIMULATES OR OTHERWISE GIVE THE APPEARANCE OF THE DISPLAY OR EXPOSURE OF ANY SPECIFIED ANATOMICAL AREAS, REGARDLESS OF WHETHER THE EMPLOYEE ACTUALLY ENGAGES IN DANCING; OFFERS, SOLICITS, OR CONTRACTS TO DANCE OR PERFORM WITH A PERSON OTHER THAN ANOTHER EMPLOYEE IN CONSIDERATION FOR ANY TIP, REMUNERATION OR COMPENSATION FROM OR ON BEHALF OF THAT PERSON; OR DANCES OR PERFORMS WITH OR WITHIN THREE ( 3) FEET OF A PERSON OTHER THAN ANOTHER EMPLOYEE IN CONSIDERATION FOR ANY TIP, REMUNERATION OR COMPENSATION FROM OR ON BEHALF OF THAT PERSON. THESE PROVISIONS ARE NOT INTENDED TO APPLY AND IT IS AN AFFIRMATIVE DEFENSE IF THE PREDOMINANT BUSINESS OR ATTRACTION OF THE ESTABLISHMENT IS NOT THE OFFERING TO CUSTOMERS OF A PRODUCT, SERVICE OR ENTERTAINMENT WHICH IS INTENDED TO PROVIDE SEXUAL STIMULATION OR SEXUAL GRATIFICATION TO SUCH CUSTOMERS, AND THE ESTABLISHMENT IS NOT DISTINGUISHED BY AN EMPHASIS ON OR THE ADVERTISING OR PROMOTION OF MATERIALS RELATING TO OR EMPLOYEES DEPICTING, DESCRIBING, DISPLAYING, EXPOSING OR SIMULATING SPECIFIED SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS. I. ADULT THEATER: AN ESTABLISHMENT WHICH CONSIST OF AN ENCLOSED BUILDING, OR A PORTION OR PART OF AN ENCLOSED BUILDING OR AN OPEN-AIR AREA USED FOR VIEWING BY PERSONS OF FILMS, MOTION PICTURES, VIDEO CASSETTES, SLIDES, OR OTHER PHOTOGRAPHIC REPRODUCTIONS WHICH HAVE AS THEIR PRIMARY OR DOMINATE THEME MATTERS DEPICTING, ILLUSTRATING, OR RELATING TO SPECIFIED SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS. "ADULT ARCADES", "ADULT MOTELS", AND " ADULT BOOTHS" ARE INCLUDED WITHIN THE DEFINITION OF "ADULT THEATER". J. COMMISSION: THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA. K. CONVICTION: A DETERMINATION OF GUILT RESULTING FROM PLEA OR TRIAL, REGARDLESS OF WHETHER ADJUDICATION WAS WITHHELD OR WHETHER IMPOSITION OF SENTENCE WAS SUSPENDED. L. EMPLOYEE: A PERSON WHO WORKS OR PERFORMS OR PROVIDES SERVICES IN AN ADULT ENTERTAINMENT ESTABLISHMENT, IRRESPECTIVE OF WHETHER SAID PERSON IS PAID A SALARY OR WAGE BY THE OWNER OR MANAGER OF THE PREMISES, PROVIDED SUCH PERSON HAS A SUBSTANTIAL OR CONSISTENT RELATIONSHIP WITH THE BUSINESS OF OR ENTERTAINMENT/SERVICES PROVIDED BY THE ADULT USE. EMPLOYEE INCLUDES BUT IS NOT LIMITED 9 TO PERFORMERS, MANAGERS, ASSISTANT MANAGERS, STOCK PERSONS, TELLERS, AND OPERATORS. M. LICENSEE: ANY PERSON WHOSE APPLICATION FOR AN ADULT ENTERTAINMENT ESTABLISHMENT HAS BEEN GRANTED AND WHO OWNS, MANAGES, OPERATES, OR CONTROLS THE ESTABLISHMENT. N. OPERATOR: ANY PERSON WHO ENGAGES IN OR PERFORMS ANY ACTIVITY WHICH IS NECESSARY TO OR WHICH FACILITATES THE OPERATION OF AN ADULT ENTERTAINMENT ESTABLISHMENT, INCLUDING, BUT NOT LIMITED TO, THE LICENSEE, MANAGER, OWNER, DOORMAN, BARTENDER, DISC JOCKEY, SALES CLERK, TICKET TAKER, MOVIE PROJECTIONIST OR SUPERVISOR. O. PERSON: INCLUDES, BUT IS NOT LIMITED TO, AN INDIVIDUAL, ASSOCIATION, JOINT VENTURE, PARTNERSHIP, ESTATE, TRUST, BUSINESS TRUST, SYNDICATES, FIDUCIARY, CORPORATION, AND ALL OTHER OR ANY SIMILAR ENTITY. P. MASSAGE OR SCRUB ESTABLISHMENT: MEANS A SITE OR PREMISES, OR PORTION THEREOF, UPON WHICH ANY PERSON WHO IS AN EMPLOYEE OR WHO ACTS OF, OR AT THE DIRECTION OF AN EMPLOYEE OR OWNER, MANIPULATES THE SUPERFICIAL TISSUES OF THE BODY OF ANOTHER PERSON, WITH THE HAND, FOOT, ARM OR ELBOW, WHETHER OR NOT SUCH MANIPULATION IS AIDED BY ANY ELECTRICAL OR MECHANICAL OR OTHER DEVICE, OR CHEMICAL PREPARATION, BUT NOT ESTABLISHED EXEMPTED UNDER CHAPTER 480, FLORIDA STATE STATUTE (1983). Q. PRIVATE PERFORMANCES: THE DISPLAY OR EXPOSURE OF ANY SPECIFIED ANATOMICAL AREA BY AN EMPLOYEE OF AN ADULT ENTERTAINMENT ESTABLISHMENT TO A PERSON OTHER THAN ANOTHER EMPLOYEE WHILE THIS PERSON IS IN AN AREA NOT ACCESSIBLE DURING SUCH DISPLAY TO ALL OTHER PERSONS IN THE ESTABLISHMENT, OR WHILE THE PERSON IS IN AN AREA IN WHICH THE PERSON IS TOTALLY OR PARTIALLY SCREENED OR PARTITIONED DURING SUCH DISPLAY FROM THE VIEW OF ALL PERSONS OUTSIDE THE AREA. R. POLICE DEPARTMENT: THE CHIEF OF POLICE AND THE POLICE OF THE CITY OF WINTER SPRINGS. S. SPECIFIED ANATOMICAL AREAS: 1. LESS THAN COMPLETELY AND OPAQUELY COVERED: (A) HUMAN GENITALS, PUBIC REGION ( B) BUTTOCKS; AND (C) FEMALE BREAST BELOW A POINT IMMEDIATELY ABOVE THE TOP OF THE AREOLA, BUT SHALL NOT INCLUDE ANY PORTION OF THE CLEAVAGE OF THE HUMAN FEMALE BREAST EXHIBITED BY A DRESS, BLOUSE, SHIRT, LEOTARD, BATHING SUIT, OR OTHER 10 WEARING APPAREL, PROVIDED THE AREOLA IS NOT SO EXPOSED; AND 2. HUMAN GENITALS IN A DISCERNIBLE TURGID STATE, EVEN IF COMPLETELY AND OPAQUELY COVERED. T. SPECIFIED CRIMINAL ACTS: 1. A VIOLATION OF THIS PART; 2. ANY FELONY NOT OTHERWISE SPECIFIED IN THIS SUBSECTION; 3. AN OFFENSE UNDER CHAPTER 794, FLORIDA STATUTES (SEXUAL BATTERY); 4. AN OFFENSE UNDER CHAPTER 796, FLORIDA STATUTES (PROSTITUTION) ; 5. AN OFFENSE UNDER CHAPTER 800, FLORIDA STATUTES (LEWDNESS; INDECENT EXPOSURE); 6. AN OFFENSE UNDER CHAPTER 826, FLORIDA STATUTES (BIGAMY; INCEST); 7. AN OFFENSE UNDER CHAPTER 847, FLORIDA STATUTES (OBSCENE LITERATURE; PROFANITY); OR 8. AN OFFENSE AGAINST AN ANALOGOUS STATUTE OF A STATE OTHER THAN FLORIDA, OR AN ANALOGOUS ORDINANCE OF ANOTHER COUNTY OR CITY. U. SPECIFIED SEXUAL ACTIVITIES: 1 . HUMAN GENITALS IN A STATE OF SEXUAL STIMULATION, AROUSAL, OR TUMESCENCE; OR 2. ACTS OF HUMAN ANILINGUS, BESTIALITY, BUGGERY, CUNNILINGUS, COPROPHAGY, COPROPHILIA, FELLATION, FLAGELLATION, MASOCHISM, MASTURBATION, NECROPHILIA, PEDERASTY, PEDOPHILIA, SADISM, SADOMASOCHISM, SAPPHISM, SEXUAL INTERCOURSE, SODOMY, UROLAGNIA, OR ZOOERASTIA; OR 3 . FONDLING OR OTHER EROTIC TOUCHING OF HUMAN GENITALS, PUBIC REGION OR ANUS; OR 4. EXCRETORY FUNCTIONS AS PART OF OR IN CONNECTION WITH ANY OF THE ACTIVITIES SET FORTH IN SUBSECTIONS (1) THROUGH (3). V. STRADDLE DANCE: THE USE BY AN EMPLOYEE OF ANY PART OF HIS OR HER BODY TO TOUCH THE GENITAL, PUBIC REGION, BUTTOCK, ANUS I OR FEMALE BREAST OF ANOTHER EMPLOYEE OR A NON EMPLOYEE WHILE AT THE ESTABLISHMENT. IT SHALL BE A "STRADDLE DANCE" REGARDLESS OF WHETHER THE "TOUCH" OR "TOUCHING" OCCURS WHILE THE EMPLOYEE OR NON EMPLOYEE IS DISPLAYING OR EXPOSING ANY SPECIFIED ANATOMICAL AREA. IT SHALL ALSO BE A I'STRADDLE DANCE" REGARDLESS OF WHETHER THE "TOUCH" OR "TOUCHING" IS DIRECT OR THROUGH A MEDIUM. THE TERMS "LAP DANCE", "TABLE DANCE", AND "FACE DANCE" ARE INCLUDED WITHIN THE TERM "STRADDLE DANCE". 11 w. ZONING, RESIDENTIAL: ANY AREA LEGALLY ZONED AND/OR DESIGNATED BY AN ADOPTED COMPREHENSIVE PLAN AND CITY OF WINTER SPRINGS FUTURE LAND USE MAP-2010, IN A MANNER PRIMARILY INTENDED FOR DWELLINGS. SECTION VIII: ZONING. ALL ADULT ENTERTAINMENT ESTABLISHMENTS 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-2010, AND SHALL BE SUBJECT TO ALL RESTRICTIONS ENUMERATED HEREIN. SECTION IX: PROHIBITED LOCATIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS. NO PERSON SHALL CAUSE OR PERMIT THE ESTABLISHMENT, SUBSTANTIAL ENLARGEMENT, OR TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT ESTABLISHMENT WITHIN SEVEN HUNDRED FIFTY (750) FEET OF ANY OTHER ADULT ENTERTAINMENT ESTABLISHMENT, ANY CHURCH, SCHOOL, PUBLIC PARK OR PUBLIC RECREATION AREA OR WITHIN SEVEN HUNDRED FIFTY (750) FEET OF AN AREA ZONED FOR RESIDENTIAL USE AND/OR DESIGNATED BY AN ADOPTED COMPREHENSIVE PLAN IN A MANNER PRIMARILY INTENDED FOR DWELLINGS. "SUBSTANTIAL ENLARGEMENT" SHALL MEAN INCREASING THE SIZE OF THE PERMITTED AND/OR LICENSED PREMISES BY MORE THAT TEN PERCENT (10%) OF THE ORIGINAL LICENSED PREMISES. SECTION X: MEASUREMENT OF DISTANCE. FOR THE PURPOSE OF THIS ORDINANCE, 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 TO THE NEAREST PROPERTY LINE OF THE PREMISES OF A CHURCH, SCHOOL, PUBLIC PARK, OR PUBLIC RECREATION AREA, OR TO THE NEAREST BOUNDARY OF ANY AREA LEGALLY ZONED AND/OR DESIGNATED BY COMPREHENSIVE PLAN IN A MANNER PRIMARILY INTENDED FOR DWELLINGS WITHOUT REGARD TO MUNICIPAL BOUNDARIES. MEASUREMENT OF DISTANCES BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS SHALL BE FROM LOT LINE TO LOT LINE AT THEIR NEAREST POINTS. SECTION XI: NON CONFORMING USES. AN ADULT ENTERTAINMENT ESTABLISHMENT WHICH ON THE EFFECTIVE DATE OF THIS ORDINANCE DOES NOT COMPLY WITH THE DISTANCE REQUIREMENTS OF SECTION IX SHALL BE SUBJECT TO 12 THE NONCONFORMING USE PROVISIONS CONTAINED HEREWITH, AND OF THE CODE OF THE CITY OF WINTER SPRINGS, FLORIDA. A. The lawful use of a building or structure existing at the time of the passage of this ordinance may be continued, although such use does not conform to the provisions of this ordinance; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to ensure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming use of such building is removed or the nonconforming use of such building is discontinued for a continuous period of not less than three hundred sixty-five (365) days, every future use of such premises shall be in conformity with the provisions of this ordinance. B. The lawful use of the land existing at the time of the passage of this ordinance may be continued; provided, however, that no such nonconforming use may be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this ordinance. If such nonconforming use is discontinued for a continuous period of not less than three hundred sixty-five (365) days, any future use of such land shall be in conformity with the provisions of this ordinance. C. Whenever a nonconforming use of a building or land has been discontinued or changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. SECTION XII: RESIDENTIAL REZONING. IN THE EVENT AN AREA IS ZONED RESIDENTIAL AND/OR DESIGNATED BY COMPREHENSIVE PLAN IN A MANNER PRIMARILY INTENDED FOR DWELLINGS FOR THE FIRST TIME; OR AN AREA IS REZONED FOR RESIDENTIAL USE AND/OR REDESIGNATED BY COMPREHENSIVE PLAN IN A MANNER PRIMARILY INTENDED FOR DWELLINGS AND LIES WITHIN SEVEN HUNDRED FIFTY (750) FEET OF AN EXISTING ADULT ENTERTAINMENT ESTABLISHMENT, THE ADULT ENTERTAINMENT ESTABLISHMENT SHALL BE CONSIDERED AN EXISTING NONCONFORMING USE, AS DEFINED IN SECTION XI HEREOF, FROM THE EFFECTIVE DATE OF THE REZONING ORDINANCE. SECTION XIII: GENERAL REQUIREMENTS/STANDARDS. 13 A. IN ADDITION TO ALL OTHER REQUIREMENTS CONTAINED HEREIN, EACH AND EVERY LICENSED ADULT ENTERTAINMENT ESTABLISHMENT SHALL CONFORM TO ALL APPLICABLE BUILDING, FIRE, AND HEALTH STATUES, CODES, OR ORDINANCES, WHETHER FEDERAL, STATE, OR LOCAL. B. ALL BUILDING OPENINGS, ENTRIES, EXITS, AND WINDOWS FOR AN ADULT ENTERTAINMENT ESTABLISHMENT SHALL BE LOCATED, COVERED, OR SCREENED IN SUCH A MANNER AS TO PREVENT A VIEW INTO THE INTERIOR FROM ANY STREET, SIDEWALK, OR OTHER PUBLIC PLACE. C. ALL LICENSED ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF WINTER SPRINGS SHALL CONFORM TO THE REQUIREMENTS OF FLORIDA STATUTES, CHAPTER 381, AND THE RULES AND REGULATIONS OF THE STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES MADE PURSUANT THERETO. EACH LICENSED PREMISES SHALL BE DEEMED TO BE A "PLACE SERVING THE PUBLIC" FOR THE PURPOSE OF SANITARY FACILITIES. WHEN MORE THAN ONE (1) LICENSE IS ISSUED FOR A SINGLE LOCATION, THEY SHALL COLLECTIVELY BE CONSIDERED AS ONE LICENSED PREMISES IF CUSTOMERS MAY CIRCULATE FREELY THROUGH THE ENTIRE AREA OF THE LICENSED PREMISES. SECTION XIV: ADVERTISING ADVERTISEMENTS, DISPLAYS, OR OTHER PROMOTIONAL MATERIALS FOR ANY ADULT ENTERTAINMENT ESTABLISHMENT SHALL NOT BE SHOWN OR EXHIBITED SO AS TO BE VISIBLE TO THE PUBLIC FROM ANY STREET, SIDEWALK, OR OTHER PUBLIC PLACE. THIS SHALL NOT PROHIBIT THE USE OF A SIGN DISPLAYING THE NAME OF THE BUSINESS IF THE SIGN DOES NOT INCLUDE THE WORDS UNUDE", "NUDITY", "NAKED", "TOPLESS", "GO-GO", OR "DANCERS", OR WORDS OR MATERIAL DEPICTING, DESCRIBING, OR RELATING TO "SPECIFIED ANATOMICAL AREAS OF THE HUMAN BODY" OR "SPECIFIED SEXUAL ACTIVITIES" AS DEFINED HEREIN ABOVE. 1. A SIGN SHALL NOT CONTAIN ANY FLASHING LIGHT, PHOTOGRAPHS, SILHOUETTE, DRAWINGS, OR PICTORIAL REPRESENTATIONS OF ANY TYPE OR MANNER AND SHALL BE LIMITED IN CONTENT AS FOLLOWS: A. THE NAME OF THE ESTABLISHMENT, AND/OR B. ONE (1) OR MORE OF THE FOLLOWING APPLICABLE PHRASES: (1). "ADULT BOOK STORE"; (2). If ADULT THEATER"; (3). "ADULT DANCING ESTABLISHMENT"; (4). "ADULT MOTEL"; (5). "ADULT ENTERTAINMENT"; 14 ( 6 ) . "MOVIE TITLES POSTED WITHIN PREMISES"; ( 7) . FOOD OR DRINK SPECIALS, SHOW TIMES, WELCOME NOTICES, AND NAMES OF ENTERTAINERS. C. EACH LETTER FORMING A WORD ON A SIGN SHALL BE OF A SOLID COLOR, AND EACH SUCH LETTER SHALL BE THE SAME PRINT TYPE, SIZE, AND COLOR. THE BACKGROUND BEHIND SUCH LETTERING ON THE DISPLAY SURFACE SHALL BE OF A UNIFORM COLOR. SECTION XV: ADDITIONAL PROHIBITED ACTS. A. IT SHALL BE A VIOLATION OF THIS ORDINANCE AND UNLAWFUL FOR ANY EMPLOYEE AS DEFINED IN THIS ORDINANCE TO ENGAGE IN SPECIFIED SEXUAL ACTIVITIES ON THE LICENSED PREMISES IN THE PRESENCE OF PATRONS OR SPECTATORS OR FOR ANY FORM OF CONSIDERATION. B. IT SHALL BE A VIOLATION OF THIS ORDINANCE AND UNLAWFUL FOR ANY EMPLOYEE, CUSTOMER, OR PATRON OF A LICENSED PREMISES TO PARTICIPATE IN STRADDLE DANCING ON THE LICENSED PREMISES. C. IT SHALL BE A VIOLATION OF THIS ORDINANCE AND UNLAWFUL FOR ANY PATRON OR EMPLOYEE OF A LICENSED PREMISES, WHILE ON THE LICENSED PREMISES OR WITHIN THE SCOPE OF HIS EMPLOYMENT AS EMPLOYEE, TO CONTRACT OR TO PERFORM FOR ANY FORM OF CONSIDERATION A STRADDLE DANCE WITHIN FIVE HUNDRED (500) FEET OF THE LICENSED PREMISES. D. IT SHALL BE A VIOLATION OF THIS ORDINANCE AND UNLAWFUL FOR A PATRON OF A LICENSED PREMISES TO TOUCH OR TO CONTRACT FOR ANY FORM OF CONSIDERATION TO TOUCH WITH THE HANDS OR ANY OTHER BODY PART AN EMPLOYEE'S PUBIC AREA OR GENITALS, WHETHER THE EMPLOYEE IS CLOTHED OR NOT. E. IT SHALL BE A VIOLATION OF THIS ORDINANCE AND UNLAWFUL FOR AN EMPLOYEE OF A LICENSED PREMISES TO CONTRACT TO TOUCH OR TOUCH WITH HANDS, OR ANY OTHER BODY PART, THE PUBIC AREA OR GENITALS OF A CUSTOMER OR PATRON WHETHER THE EMPLOYEE IS CLOTHED OR NOT. SECTION XVI: ADMISSION OF MINORS. IT SHALL BE A VIOLATION OF THIS ORDINANCE AND UNLAWFUL FOR A LICENSEE TO ADMIT OR TO PERMIT THE ADMISSION OF MINORS WITHIN A LICENSED PREMISES. THIS ORDINANCE SHALL NOT APPLY TO CONDUCT, THE REGULATION OF walCH HAS BEEN 15 PREEMPTED TO THE STATE OF FLORIDA UNDER CHAPTER 847, FLORIDA STATUTES. SECTION XVII: PRESUMPTIONS. THE FOLLOWING PRESUMPTIONS SHALL APPLY IN ALL ACTIONS BROUGHT FOR VIOLATIONS OF THIS ORDINANCE: A. ANY PERSON WHO OWNS, OPERATES, MAINTAINS, OR ENTERS A COMMERCIAL ESTABLISHMENT, WHICH ADVERTISES WITHIN 100 FEET OF THE PREMISES OF THE COMMERCIAL ESTABLISHMENT TO THE GENERAL PUBLIC THAT THE ESTABLISHMENT PROVIDES, ALLOWS, OR PERMITS THE EXHIBITION OR DISPLAY OF SPECIFIED ANATOMICAL AREAS OR SPECIFIED SEXUAL ACTIVITIES, IS PRESUMED TO BE AWARE THAT THE EXHIBITION OR DISPLAY IS TAKING PLACE IN THE ESTABLISHMENT. B. ANY ESTABLISHMENT WHICH HAS RECEIVED AN OCCUPATIONAL LICENSE TO OPERATE COMMERCIALLY IS PRESUMED TO BE A COMMERCIAL ESTABLISHMENT. SECTION XVIII: SALE TO MINORS. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, BARTER, OR GIVE, OR TO OFFER TO SELL, BARTER, OR GIVE ANY MINOR SERVICE, MATERIAL, DEVICE, OR THINGS SOLD OR OFFERED FOR SALE BY AN ADULT BOOKSTORE, ADULT MOTION PICTURE THEATER, MASSAGE ESTABLISHMENT, OR ADULT ENTERTAINMENT ESTABLISHMENT. THIS ORDINANCE SHALL NOT APPLY TO CONDUCT, THE REGULATION OF WHICH HAS BEEN PREEMPTED TO THE STATE OF FLORIDA UNDER CHAPTER 847, FLORIDA STATUTES. SECTION XIX: LICENSE REQUIRED. A. LICENSE REQUIRED. 1. REQUIREMENT. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE AN ADULT ENTERTAINMENT ESTABLISHMENT WITHOUT HAVING FIRST OBTAINED AN ADULT ENTERTAINMENT LICENSE ISSUED BY THE BUILDING DEPARTMENT, WHICH IS APPLICABLE FOR SAID ESTABLISHMENT, OR TO CONTINUE TO OPERATE ESTABLISHMENT WHERE THAT PERSON KNOWS OR HAS REASON TO KNOW THAT THE LICENSE OF THE ESTABLISHMENT IS UNDER SUSPENSION, HAS BEEN REVOKED, OR HAS LAPSED. THE OPERATION OF AN ADULT ENTERTAINMENT ESTABLISHMENT WITHOUT A VALID LICENSE, WHERE REQUIRED, SHALL BE GROUNDS FOR THE CLOSING OF THE ESTABLISHMENT UPON A FINDING OF FACT BY A COURT OF OTHER BODY WITH PROPER JURISDICTION THAT THE 16 ESTABLISHMENT HAS NO VALID LICENSE. 2. CLASSIFICATION. ADULT ENTERTAINMENT LICENSES REFERRED TO IN THIS PART SHALL BE CLASSIFIED AS FOLLOWS: A. ADULT BOOK STORE; B. ADULT THEATRE; C. ADULT CABARET; D. ADULT MOTEL E. ADULT ARCADE 3. SINGLE CLASSIFICATION OF LICENSE. A LICENSE SHALL ONLY BE ISSUED IN ONE (1) CLASSIFICATION, BUT THIS SHALL NOT PROHIBIT A PERSON FROM OBTAINING SEPARATE LICENSES IN TWO (2) OR MORE CLASSIFICATIONS FOR THE SAME LOCATION. B. LICENSE APPLICATION AND APPLICATION FILE. ANY PERSON DESIRING TO ENGAGE IN THE BUSINESS OF OPERATING AN ADULT ENTERTAINMENT ESTABLISHMENT SHALL FILE WITH THE BUILDING DEPARTMENT A SWORN APPLICATION ON FORMS SUPPLIED BY THAT DEPARTMENT. THE APPLICATION SHALL CONTAIN THE INFORMATION AND DOCUMENTS AS PROVIDED IN THIS SECTION AND SHALL BE ACCOMPANIED BY AN APPLICATION FEE AS ESTABLISHED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. THE APPLICATION ITSELF SHALL BE SIGNED BY THE APPLICANT AND VERIFIED BY THE APPLICANT BEFORE AN OFFICER AUTHORIZED TO TAKE OATHS AND ACKNOWLEDGEMENTS. C. CONTENTS OF APPLICATION. THE COMPLETED APPLICATION SHALL CONTAIN THE FOLLOWING INFORMATION AND SHALL BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. IF THE APPLICANT IS: A. AN INDIVIDUAL, THE INDIVIDUAL SHALL STATE HIS/HER LEGAL NAME AND ANY ALIASES, ADDRESS, AND TELEPHONE NUMBER, AND SUBMIT SATISFACTORY PROOF THAT HE/SHE IS EIGHTEEN (18) YEARS OF AGE OR OLDER; OR B. A PARTNERSHIP, THE PARTNERSHIP SHALL STATE ITS COMPLETE NAME, AND THE NAMES, ADDRESSES, AND TELEPHONE NUMBER OF ALL PARTNERS, WHETHER THE PARTNERSHIP IS GENERAL OR LIMITED; AND, IF IN EXISTENCE, FURNISH A COpy OF THE PARTNERSHIP AGREEMENT; OR C. A CORPORATION, THE CORPORATION SHALL STATE ITS COMPLETE NAME, THE DATE OF ITS INCORPORATION, 17 EVIDENCE THAT THE CORPORATION IS IN GOOD STANDING, THE NAMES AND CAPACITY OF ALL OFFICERS, DIRECTORS, AND PRINCIPAL STOCKHOLDERS; AND IF APPLICABLE, THE NAME OF THE REGISTERED CORPORATE AGENT AND THE ADDRESS OF THE OFFICE REGISTERED FOR SERVICE OF PROCESS. 2 . IF THE APPLICANT INTENDS TO CONDUCT THE ESTABLISHMENT UNDER A NAME OTHER THAN THAT OF THE APPLICANT, THE ESTABLISHMENT'S FICTITIOUS NAME AND PROOF OF COMPLIANCE WITH REGISTRATION REQUIRED UNDER SECTION 865.09, FLORIDA STATUTES (1987), AS AMENDED FROM TIME TO TIME. 3 . WHETHER THE APPLICANT OR ANY OF THE OTHER INDIVIDUALS LISTED PURSUANT TO SECTION XIX (C) 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. 4. WHETHER THE APPLICANT OR ANY OF THE OTHER INDIVIDUALS LISTED PURSUANT TO SUBSECTION 1 HAS HAD A PREVIOUS LICENSE UNDER THIS SECTION SUSPENDED OR REVOKED, INCLUDING THE NAME AND LOCATION OF THE ESTABLISHMENT FOR WHICH THE LICENSE WAS SUSPENDED OR REVOKED, AS WELL AS THE DATE OF THE SUSPENSION OR REVOCATION, AND WHETHER THE APPLICANT OR ANY OTHER INDIVIDUALS LISTED PURSUANT TO SUBSECTION 1 HAS BEEN A PARTNER IN A PARTNERSHIP OR AN OFFICER, DIRECTOR OR PRINCIPAL STOCKHOLDER OF A CORPORATION WHOSE LICENSE UNDER THIS SECTION HAS PREVIOUSLY BEEN SUSPENDED OR REVOKED, INCLUDING THE NAME AND LOCATION OF THE ESTABLISHMENT FOR WHICH THE LICENSE WAS SUSPENDED OR REVOKED, AS WELL AS THE DATE OF THE SUSPENSION OR REVOCATION. 5. WHETHER THE APPLICANT OR ANY OTHER INDIVIDUAL LISTED PURSUANT TO SUBSECTION 1 HOLDS ANY OTHER LICENSES UNDER THIS SECTION AND; IF SO, THE NAMES AND LOCATION OF SUCH OTHER LICENSED ESTABLISHMENTS. 6. THE SINGLE CLASSIFICATION OF LICENSE FOR WHICH THE APPLICANT IS FILING. 7. THE LOCATION OF THE PROPOSED ESTABLISHMENT, INCLUDING STREET ADDRESS. 8. THE NAMES OF THE EMPLOYEES FOR THE PROPOSED ESTABLISHMENT, IF KNOWN; OR, IF PRESENTLY UNKNOWN, 18 A STATEMENT TO THAT EFFECT. 9. A BUILDING AND FLOOR PLAN DRAWN TO APPROPRIATE SCALE OF THE PROPOSED LICENSED PREMISES INDICATING THE AREAS TO BE COVERED BY THE LICENSE, ALL WINDOWS, DOORS, ENTRANCES, AND EXITS, AND THE FIXED STRUCTURAL FEATURES OF THE ESTABLISHMENT 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. 10. THE APPLICANT'S MAILING ADDRESS; AND, IF DIFFERENT, A DESIGNATED RETURN ADDRESS WHERE ALL FUTURE CORRESPONDENCE FROM THE CITY MAY BE SENT. 11. ANY ADDITIONAL INFORMATION WHICH THE CITY COMMISSION DEEMS NECESSARY TO EFFECTUATE THE LANGUAGE AND PURPOSE OF THIS SECTION. D. REJECTION OF INCOMPLETE OR FALSIFIED APPLICATION. IN THE EVENT IT IS DETERMINED OR LEARNED BY THE BUILDING DEPARTMENT AT ANYTIME THAT THE APPLICANT HAS NOT PROPERLY COMPLETED THE APPLICATION FOR A PROPOSED ESTABLISHMENT OR HAS FALSIFIED THE INFORMATION CONTAINED THEREIN, THE APPLICATION SHALL BE AUTOMATICALLY REJECTED; OR, IF A LICENSE HAS PREVIOUSLY BEEN ISSUED BASED ON SAID APPLICATION, SAID LICENSE SHALL BE DECLARED NULL AND VOID. E. CONTINUING DUTY. EACH APPLICANT SHALL HAVE A CONTINUING DUTY AND OBLIGATION TO DISCLOSE TO THE BUILDING DEPARTMENT ANY CHANGES OR ALTERATIONS IN THE INFORMATION OR DISCLOSURES REQUIRED BY THIS SECTION. EACH APPLICANT SHALL MAINTAIN, AT THE PREMISES FOR REVIEW UPON REQUEST BY THE CITY, CURRENT COPIES OF ALL INFORMATION OR DISCLOSURES REQUIRED BY THIS SECTION. F . CONSENT. BY APPLYING FOR A LICENSE UNDER THIS SECTION, THE APPLICANT SHALL BE DEEMED TO HAVE CONSENTED TO THE PROVISIONS OF THIS SECTION. G. INVESTIGATION OF APPLICANT. 19 UPON RECEIPT OF AN APPLICATION PROPERLY FILED WITH THE BUILDING DEPARTMENT AND UPON PAYMENT OF THE NON REFUNDABLE APPLICATION FEE, A COPY OF THE APPLICATION SHALL BE FORWARDED TO THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF WINTER SPRINGS. EACH DEPARTMENT SHALL PROMPTLY CONDUCT AN INVESTIGATION OF THE APPLICANT, APPLICATION, AND THE PROPOSED ESTABLISHMENT. AT THE CONCLUSION OF THE INVESTIGATION, EACH DEPARTMENT SHALL INDICATE TO THE BUILDING DEPARTMENT ITS APPROVAL OR DISAPPROVAL OF THE APPLICATION AND THE REASONS THEREFOR. H. ISSUANCE OR DENIAL OF LICENSE. 1. UPON THE COMPLETION OF THE INVESTIGATION AND REVIEW OF THE APPLICATION AS REQUIRED: UPON DETERMINATION THAT THE APPLICANT MEETS THE REQUIREMENTS OF THIS SECTION, AND UPON PAYMENT OF THE APPROPRIATE LICENSE FEE BY THE APPLICANT, THE BUILDING DEPARTMENT SHALL ISSUE THE LICENSE. 2. IF AFTER REVIEW AND INVESTIGATION AS PROVIDED HEREIN, THE BUILDING DEPARTMENT DETERMINES THAT ONE (1) OR MORE OF THE REASONS FOR DENIAL STATED BELOW EXIST, THE APPLICATION SHALL BE DENIED AND THE BUILDING DEPARTMENT SHALL MAKE A WRITTEN REPORT OF THE DENIAL AND THE REASONS THEREFOR. A COPY OF THE REPORT SHALL BE SENT BY CERTIFIED MAIL TO THE DESIGNATED RETURN ADDRESS OF THE APPLICANT ON THE APPLICATION. I . REASONS FOR DENIAL OF APPLICATIONS OF LICENSE. THE APPLICATION FOR A LICENSE SHALL BE DENIED IF ONE (1) OR MORE OF THE FOLLOWING REASONS ARE FOUND: 1. THE APPLICATION DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE. 2. THE APPLICATION CONTAINS MATERIAL FALSE INFORMATION. 3. THE APPLICANT OR ANY OF THE INDIVIDUALS STATED IN SECTION XIX, C,4, HERETO HAS A LICENSE UNDER THIS SECTION WHICH HAS BEEN SUSPENDED OR REVOKED AS A 20 RESULT OF THE IMPLEMENTATION OF SECTION R HEREOF. 4. THE GRANTING OF THE APPLICATION WOULD VIOLATE A STATUTE OR ORDINANCE OR AN ORDER FROM A COURT OF LAW WHICH EFFECTIVELY PROHIBITS THE APPLICANT FROM OBTAINING AN ADULT ENTERTAINMENT ESTABLISHMENT LICENSE. 5. TO THE EXTENT PERMITTED BY LAW, THE CITY RESERVES THE RIGHT TO REJECT AN APPLICANT IF THE APPLICANT IS A CONVICTED FELON. J. REAPPLICATION AFTER DENIAL. THE APPLICANT MAY NOT REAPPLY FOR A LICENSE FOR A PERIOD OF ONE ( 1 ) YEAR 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. K. TIME PERIOD FOR GRANT OR DENIAL OF APPLICATION. THE BUILDING DEPARTMENT SHALL GRANT OR DENY ALL APPLICATIONS SUBMITTED HEREUNDER WITHIN FORTY-FIVE (45) DAYS FROM THE DATE THAT A COMPLETED APPLICATION WITH APPLICATION FEE WAS SUBMITTED. L. ESTABLISHMENT EXISTING ON EFFECTIVE DATE. 1. OPERATORS OF ADULT ENTERTAINMENT ESTABLISHMENTS EXISTING AND OPERATING ON ____ ,1995, THE EFFECTIVE DATE OF THIS SECTION, SHALL MAKE APPLICATION FOR A LICENSE HEREUNDER WITHIN SIXTY (60) DAYS OF SAID EFFECTIVE DATE. SAID ESTABLISHMENTS SHALL BE PERMITTED TO OPERATE PENDING ISSUANCE OF THE LICENSE. 2. LICENSE FOR SUCH ESTABLISHMENTS SHALL BE ISSUED AS A MATTER OF COURSE UPON SUBMISSION OF A COMPLETED APPLICATION AND PAYMENT OF THE APPLICATION FEE; AND, NOT WITHSTANDING THE PROVISIONS OF SECTION I, SHALL NOT BE DENIED UNLESS THE APPLICATION CONTAINS INADEQUATE OR MATERIAL FALSE INFORMATION NOTHING HEREIN SHALL PREVENT INVESTIGATION OF THE APPLICANT AS PROVIDED IN SECTION G AND ENFORCEMENT THROUGH APPROPRIATE AUTHORITY APART FROM THIS LICENSING PROVISION. 21 3. EXCEPT FOR THE ABOVE SPECIAL APPLICATION PROVISION, ALL OTHER PROVISIONS OF THIS ORDINANCE AND SECTION SHALL APPLY TO SUCH LICENSES. M. ANNUAL LICENSE FEE. THERE SHALL BE COLLECTED UNDER THIS SECTION ANNUAL LICENSE FEES TO BE ESTABLISHED BY RESOLUTION BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. THE ANNUAL LICENSE FEES ARE DECLARED REGULATORY IN NATURE AND COLLECTED FOR THE PURPOSE OF EXAMINATION AND INSPECTION OF ADULT ENTERTAINMENT ESTABLISHMENTS UNDER THIS SECTION AND THE ADMINISTRATION THEREOF. THESE REGULATORY FEES ARE IN ADDITION TO AND NOT IN LIEU OF THE OCCUPATIONAL LICENSE TAXES IMPOSED BY THE CITY OF WINTER SPRINGS CODE OF ORDINANCES. N. CONTENTS OF LICENSE, TERM OF LICENSE, RENEWALS, EXPIRATION, LAPSE. 1. CONTENTS. AN ADULT ENTERTAINMENT LICENSE SHALL STATE ON ITS FACE THE NAME OF THE LICENSEE, THE NAME OF THE ESTABLISHMENT, THE STREET ADDRESS OF THE ESTABLISHMENT , THE CLASSIFICATION(S) OF THE LICENSE, THE DATE OF ISSUANCE, AND DATE OF EXPIRATION. 2. TERMS. ALL LICENSE ISSUED UNDER THIS CODE 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 1, BUT BY MARCH 31 OF THE FOLLOWING YEAR, THE APPLICANT SHALL PAY THE APPROPRIATE LICENSE FEE. IF A LICENSE IS ISSUED AFTER MARCH 31, BUT BY OCTOBER 1 OF THE SAME YEAR THE APPLICANT SHALL PAY ONE-HALF THE APPROPRIATE LICENSE FEE. 3. RENEWALS. LICENSE SHALL BE RENEWED ANNUALLY. SUBJECT TO OTHER PROVISIONS OF THIS SECTION, A LICENSEE UNDER THIS SECTION SHALL BE ENTITLED TO RENEWAL OF HIS ANNUAL LICENSE FROM YEAR TO YEAR, AS A MATTER OF COURSE, BY OCTOBER 1 BY PRESENTING THE LICENSE FOR THE PREVIOUS YEAR AND BY PAYING THE APPROPRIATE LICENSE FEE. 4. EXPIRATION. A LICENSE THAT IS NOT RENEWED 22 UNDER THIS SECTION BY OCTOBER 1 OF EACH YEAR SHALL EXPIRE. AN EXPIRED LICENSE MAY BE RENEWED BY NOVEMBER 30 FOR THE SAME YEAR UPON PRESENTMENT OF AN AFFIDAVIT STATING THAT NO ADULT ENTERTAINMENT ACTIVITY HAS TAKEN PLACE AT THE ESTABLISHMENT SUBSEQUENT TO EXPIRATION, UPON PAYMENT OF THE APPROPRIATE LICENSE FEE, AND UPON PAYMENT OF A DELINQUENT FEE OF TEN PERCENT (10%) OF THE APPROPRIATE LICENSE FEE FOR THE MONTH OF OCTOBER, OR FRACTION THEREOF, AND AN ADDITIONAL DELINQUENT FEE OF FIVE PERCENT (5%) OF THE APPROPRIATE LICENSE FOR THE MONTH OF NOVEMBER, OR FRACTION THEREOF. 5. LAPSE. ALL EXPIRED LICENSE NOT RENEWED BY NOVEMBER 30 SHALL LAPSE. O. RECORDS AND REPORTS. EACH LICENSEE SHALL KEEP SUCH RECORDS AND MAKE SURE REPORTS AS MAY BE REQUIRED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS TO IMPLEMENT THIS SECTION AND CARRY OUT ITS PURPOSE. P. TRANSFER OF LICENSE. 1. A LICENSEE SHALL NOT TRANSFER HIS LICENSE TO ANOTHER PERSON AND THEREBY SURRENDER POSSESSION, CONTROL, AND OPERATION OF THE LICENSED ESTABLISHMENT TO SUCH OTHER PERSON, UNLESS AND UNTIL SUCH OTHER PERSON SATISFIES THE FOLLOWING REQUIREMENTS: A. FILES A COMPLETED APPLICATION CONTAINING THE INFORMATION REQUIRED IN SECTION C AND THE APPLICATION HAS BEEN GRANTED BY BUILDING DEPARTMENT. B. PROVIDE SATISFACTORY EVIDENCE THAT THE CONVEYANCE OF THE ESTABLISHMENT WAS BONA FIDE AND IN GOOD FAITH AND WITHOUT INTENT TO DEFRAUD. C. PAY A TRANSFER FEE AS PROVIDED BY RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. 2. NO LICENSE MAY BE TRANSFERRED PURSUANT TO THIS SECTION WHEN THE BUILDING DEPARTMENT HAS NOTIFIED THE LICENSEE THAT SUSPENSION OR REVOCATION PROCEEDINGS HAVE BEEN OR WILL BE BROUGHT AGAINST THE LICENSEE. 23 3. NO LICENSE MAY BE TRANSFERRED PURSUANT TO THIS SECTION TO A LOCATION OTHER THAN THE ONE FOR WHICH THE LICENSE WAS ISSUED. 4 . ANY ATTEMPTED TRANSFER OF A LICENSE EITHER DIRECTLY OR INDIRECTLY IN VIOLATION OF THIS SECTION IS HEREBY DECLARED VOID, AND THE LICENSE SHALL BE DEEMED CANCELED. Q. ESTABLISHMENT NAME CHANGE. NO LICENSEE MAY CHANGE THE NAME OF AN ADULT ENTERTAINMENT ESTABLISHMENT UNLESS AND UNTIL THE FOLLOWING REQUIREMENTS ARE SATISFIED: 1. THE BUILDING DEPARTMENT IS GIVEN THIRTY (30) DAYS NOTICE IN WRITING OF THE PROPOSED NAME CHANGE; AND 2 . CHANGE OF NAME FEE AS ESTABLISHED BY RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS IS PAID TO THE BUILDING DEPARTMENT; AND 3. LICENSEE HAS COMPLIED WITH SECTION 865.09, FLORIDA STATUTES, AS AMENDED FROM TIME TO TIME. R. VIOLATIONS OF HEALTH, BUILDING, ZONING OR FIRE STATUTES, CODES, ORDINANCES, OR REGULATIONS. IN THE EVENT AN ADULT ENTERTAINMENT ESTABLISHMENT IS DETERMINED TO BE IN VIOLATION OF A HEALTH, BUILDING, ZONING, FIRE STATUTES, CODES, ORDINANCES, OR REGULATION, THE APPROPRIATE CITY DEPARTMENT SHALL NOTIFY THE LICENSEE OF SAID VIOLATION AND SHALL FOLLOW THE DEPARTMENTS AUTHORIZED PROCEDURES FOR ENFORCEMENT AND CORRECTION OF ANY VIOLATION. SECTION XX: EMPLOYEE PROVISIONS. A. THE LICENSEE OF AN ADULT ENTERTAINMENT ESTABLISHMENT IS RESPONSIBLE FOR KEEPING A RECORD OF ALL EMPLOYEES WHO ARE CURRENTLY EMPLOYED BY THE ESTABLISHMENT AND ALL EMPLOYEES WHO WERE EMPLOYED DURING THE PRECEDING ONE ( 1 ) YEAR PERIOD. THE RECORD SHALL CONTAIN THE CURRENT OR FORMER EMPLOYEE'S LEGAL NAME, INCLUDING ANY ALIASES, HIS OR HER DATE OF BIRTH, HIS OR HER RESIDENTIAL ADDRESS, HIS OR HER RESIDENTIAL TELEPHONE NUMBER (IF ANY), HIS OR HER DRIVER LICENSE NUMBER, OR HIS 24 OR HER STATE OF FEDERALLY ISSUED IDENTIFICATION CARD NUMBER, AND A RECENT PHOTOGRAPH AS OF TIME OF HIRING. B. THE ORIGINAL RECORDS REQUIRED BY SUBSECTION A, OR TRUE AND EXACT PHOTOCOPIES THEREOF, SHALL BE KEPT AT THE ADULT ENTERTAINMENT ESTABLISHMENT AT ALL TIMES. C. ANY MANAGER OR OWNER OF AN ADULT ENTERTAINMENT ESTABLISHMENT SHALL, UPON REQUEST BY THE BUILDING DEPARTMENT OR A LAW ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS, MAKE AVAILABLE FOR INSPECTION THE ORIGINAL EMPLOYEE RECORDS, OR TRUE AND EXACT PHOTOCOPIES THEREOF, WITHIN A REASONABLE TIME FOLLOWING SUCH REQUEST. SECTIOtl XXI: ADULT CABARET PROVISIONS. A. IN ADDITION TO THE GENERAL REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS CONTAINED HERETOFORE, AN ADULT CABARET WILL, REGARDLESS OF WHETHER IT IS LICENSED UNDER THIS SECTION, HAVE A STAGE PROVIDED FOR THE DISPLAY OR EXPOSURE OF ANY SPECIFIED ANATOMICAL AREA BY AN EMPLOYEE TO A PERSON OTHER THAN ANOTHER EMPLOYEE CONSISTING OF A PERMANENT PLATFORM (OR OTHER SIMILAR PERMANENT STRUCTURE) RAISED A MINIMUM OF EIGHTEEN (lS) INCHES ABOVE THE SURROUNDING FLOOR AND ENCOMPASSING AN AREA OF AT LEAST ONE HUNDRED (100) SQUARE FEET. THE STAGE SHALL BE AT LEAST THREE (3) FEET FROM THE NEAREST TABLE, CHAIR, OR OTHER ACCOMMODATION WHERE FOOD, DRINK, OR ALCOHOLIC BEVERAGE IS SERVED OR CONSUMED. B. ANY AREA IN WHICH A PRIVATE PERFORMANCE OCCURS SHALL: 1. HAVE A PERMANENTLY OPEN ENTRANCE WAY NOT LESS THAN TWO (2) FEET WIDE AND NOT LESS THAN SIX (6) FEET HIGH, WHICH ENTRANCE WAY SHALL NOT HAVE ANY CURTAIN RODS, HINGES, RAILS, OR THE LIKE WHICH WOULD ALLOW THE ENTRANCEWAY TO BE CLOSED OR PARTIALLY CLOSED BY ANY CURTAIN, DOOR, OR OTHER PARTITION; AND 2 . HAVE A WALL-TO-WALL, CEILING-TO- FLOOR- PARTITION OF SOLID CONSTRUCTION WITHOUT ANY HOLES OR OPENINGS, WHICH PARTITION MAY BE COMPLETELY OR PARTIALLY TRANSPARENT, AND WHICH PARTITION SEPARATES THE EMPLOYEE FROM THE PERSON VIEWING THE DISPLAYS. 25 3 . IN ANY EVENT ALL CONSTRUCTION SHALL BE CONSISTENT WITH APPLICABLE BUILDING AND FIRE CODE REQUIREMENTS. C. THIS SECTION SHALL NOT APPLY TO ADULT CABARETS EXISTING AND OPERATING IN WINTER SPRINGS ON 12TH December, 1995, THE EFFECTIVE DATE OF THIS SECTION; PROVIDED THAT ANY NEW CONSTRUCTION SHALL BE SUBJECT TO SAID REQUIREMENTS, REGARDLESS OF WHETHER THE ESTABLISHMENT WAS IN EXISTENCE AND OPERATION ON THE EFFECTIVE DATE OF THIS SECTION. SECTION XXII: PENALTIES. ANY AND EACH VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE PUNISHABLE ACCORDING TO SECTION 1-15, 2-69.1, CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA. SECTION XXIII: 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 THE ORDINANCE SHALL BECOME AND BE MADE A PART OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; THAT THE SECTIONS OF THIS ORDINANCE MAY BE RENUMBERED OR RELETTERED TO ACCOMPLISH SUCH INTENTION; THE WORD, "ORDINANCE", MAY BE CHANGED TO "SECTION", "ARTICLE", OR OTHER APPROPRIATE WORD. SECTION XXIV: CONFLICT. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH ANY OF THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED. SECTION XXV: 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 OF PART OF THIS ORDINANCE. 26 SECTION XXVI: EFFECTIVE DATE. THIS ORDINANCE SHALL BECOME EFFECTIVE IMNEDIATELY UPON ITS PASSAGE AND ADOPTION. FIRST READING THIS 14th DAY OF August, A.D. 1995, SECOND READING THIS 11th DAY OF December, A.D. 1995, JOHN F. BUSH MAYOR ATTESTED: MARGO HOPKINS CITY CLERK 27