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HomeMy WebLinkAboutOrdinance 732 Nudity/Alcohol Sales ORDINANCE NUMBER 732 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A REFERENDUM ON THE ISSUE OF WHETHER OR NOT THE CITY SHOULD ADOPT AN ORDINANCE(S) THAT PROHIBITS A PERSON FROM PUBLICLY APPEARING NUDE IN ANY ESTABLISHMENT THAT IS LICENSED BY THE STATE OF FLORIDA TO PERMIT THE SALE, SERVICE OR CONSUMPTION OF ALCOHOLIC BEVERAGES; ESTABLISHING THE DATE OF THE ELECTION ON NOVEMBER 2,1999; SETTING FORTH THE BALLOT QUESTION; NOTIFYING THE SUPERVISOR OF ELECTIONS OF THE REFERENDUM AND BALLOT QUESTION PROVIDING FOR PUBLICATION OF NOTICE OF THE ELECTION; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs is considering enacting or amending ordinances that would prohibit a person from publicly appearing nude in any establishment that is licensed by the State of Florida to permit the sale, service, or consumption of alcoholic beverages; and WHEREAS, the City Commission finds that there is recent legal precedent that reaffirms the City's ability to prohibit nudity in establishments licensed to sell liquor. See e.g., Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11 th Cir. 1998); and WHEREAS, the City Commission finds that Seminole County and several cities currently have regulations that prohibit the sale, serving or consumption of alcohol in establishments that allow nudity including, but not limited to, Orange County and the cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, and Winter Park; and WHEREAS, prior to formally considering the adoption of legislation similar to those communities, the City Commission desires to solicit public input from the citizens of Winter Springs on the issue; and WHEREAS, the City Commission finds that the most effective way to obtain public input is to hold a non-binding referendum which poses a ballot question on whether the citizens of Winter Springs support or oppose adoption of regulations that would prohibit a person from publicly appearing nude in any establishment that is licensed by the State of Florida to permit the sale, service, or consumption of alcoholic beverages; and WHEREAS, the ballot question will be presented to the citizens of Winter Springs for a vote concurrent with the November 2, 1999 general election; and WHEREAS, the City Commission hereby declares that this ordinance is in the best interests of the public health, safety, welfare, morals, and order of the citizens of the city of Winter Springs. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF WINTER SPRINGS AS FOLLOWS: 1. Findings of Fact. Each and all of the foregoing recitals are found to be true and correct. 2. Election Set. The City Commission hereby declares it to be in the public interest to set November 2, 1999 as the date of a referendum for the voters of Winter Springs to vote on the issue of whether or not to adopt ordinances prohibiting public nudity where alcoholic beverages are being sold, served or consumed in the City of Winter Springs. 3. Non-Binding Referendum. Pursuant to Section 101.161, Florida Statutes, the City Commission hereby declares its intent to place on this ballot at the November 2, 1999 election a non-binding referendum on the issue of regulating and prohibiting by ordinance nudity in any establishments where alcoholic beverages are being sold, served or consumed. 4. Ballot Language. At the aforesaid election this City Commission hereby expresses its intent to ask the registered voters in the City for an expression of sentiment on the issue of whether or not to adopt ordinances or regulations prohibiting nudity in any establishments where alcoholic beverages are sold, served or consumed. Therefore this Commission intends to place on the ballot at the General Election on November 2, 1999, the following referendum question to secure a non-binding expression of statement by those voters voting on the following issue: NON-BINDING QUESTION LEGISLA nON PROHIBITING PERSON FROM PUBLICLY APPEARING NUDE IN LICENSED ALCOHOLIC BEVERAGE ESTABLISHMENTS. This question is for informational purposes only and is non-binding: Shall the City of Winter Springs enact legislation that prohibits a person from publicly appearing nude in any establishment that is licensed by the State of Florida to permit the sale, service or consumption of alcoholic beverages? YES - Approve of enacting legislation. NO - Disapprove of enacting legislation. 5. Instructions to the Seminole County Supervisor of Elections: The City Clerk is hereby directed to provide as copy of this ordinance to the Supervisor of Elections so that the Supervisor of Elections is on notice of the proposed referendum and the referendum question set forth in Paragraph 3 of this ordinance. The Clerk should provide this information to the Supervisor of Elections as soon as possible; so as to be in full compliance with the notice requirements of Florida Election Law. The notice to the Supervisor of Elections should request that the referendum question be placed on the ballot at the November 2, 1999, General Election. 6. Publication of Notice of Referendum Election. The Clerk shall publish "Notice of the Referendum" in a newspaper of general circulation as required by Section 100.342, Florida Statutes; said Notice to be in substantially the following form. 7. Costs of Election The City Commission shall be responsible for those costs, if any, required to be paid by a City placing a referendum question on the ballot at an already scheduled election, as set forth in the state election laws. 8. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. 9. Severability. If any words, phrase, sentence or portion of this Ordinance is stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. 10. Effective Date. This Ordinance shall become effective upon its adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ENACTED in regular session of the City Commission of the City of Winter Springs, Florida this 13th day of Sp.ptembF'n999. ATTEST: The Orlando Sentinel Published Daily ~tate of jfloriba } 5.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Elaine Parker , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newseaper published at A I T A "Hi .f\j l' F';; ,J;? r N l;'; in ::;':- f1 r l\l 0 I ;:- County, Florida; that the attached copy of advertisement, peing a C~T'!?f i;iTNT r it ':;:.} in the matter of Non-Bll1dlng Re eren urn in the\PHNOl F was published in said newspaper in the issue; of }. n I'!, .} /9"'1 Court, Affiant further says that the said Orlando Sentinel is a newspaper published at Ai TAf10l\rrF'ZPRHJ1\S ,in said :iC fUNOl: County, Florida, and that the said newspaper has heretofore been continuously published in said S [M I !'II () I r County, Florida, each Week Day and has been entered as second-class mail matter at the post officein f\LTAj10NTF SORIf'JG:;; in said '=UlINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purp~..os. of securing t.hiS.. advertisement for publication in the said newspaper~ / _ i)....., I L. / IL~(JA.., The foregoing instrument was acknowledged before me this 12 day of October, 19 ~,~y Elaine Parker who ;, personally known to me and who ~a{;7(~ (SEAL) .. 12-21-3 r3oo.QoiO:oo< (~pmjnnIA r.ru! CITY OF 'l'vlN I t.t1 5PHiiiG5, 1:~L.0n;(;;. NON.BINDlNG REFERENDUM ELECTION Notice of City of Winter Springs Non-Bindin.9 R~ferendurn Elec- tion on legislatIon prohibiting a person from publicly appearing nude In any establishment that is licensed by the State of Flori- da to permit the sale, s~rvlce, or consumption of alcoholic bever~ ages. ~~g:~i ni ~ i nh er~~~r~~Vd~nthE1~c~ tion will be ~,e!d concurrent with the November 2, 1999 gene"al election at such locations estab- lished by the Seminole County Supervisor of, Elections for s.uch general election. The Non-Bmd- Inq Referendum will be Ileld for informational purposes emlx to determine whether the qualified electors of the City ,of Winter ~F;t~~gCi~Pg{Wi~t~~ ~~rf~g;~~; acting legislation that would prohibl~ a person, from publicly appearing nude _ In any estab- lishment that IS licensed by the State of Florida to permit the sale, sE:rvlce, or consun:Ptlon. of alcoholiC beverages. ThiS Notice ~an~~e~u~6ef~~~iT~if~~ a~rf~:: lows: ORDINANCE NO. 732 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA PRO. VIDING FOR A REFEREN. DUM ON THE ISSUE OF WHETHER OR NOT THE CITY SHOULD ADOPT AN ORDINANCE(S)THA T PROHIBITS A PERSON FROM PUBLICLY Ap. PEARING NUDE IN ANY ESTABLISHMENT THAT IS LICENSED BY THE STATE OF FLORIDA TO PERMIT THE SALE, SER. VICE OR CONSUMPTION OF ALCOHOLIC BEVER. AGES; ,-.STABLISHING THE DATE OF THE ELEC. TION ON NOVEMBER 2,1999; SETTING FORTH THE BALLOT QUESTION; NOTIFYING THE SUPER. VISOR OF ELECTIONS OF THE REFERENDUM AND BALLOT QUESTION PRO. VIDING FOR PUBLICA. TION OF NOTICE OF THE ELECTION; PROVIDING FOR CONFLICTS; SEVER. ABILITY AND EFFECTIVE DATE. WHEREAS the City Comrnis. sio~, of the ~ity. of Win.ter Sprlrlgs is ,conSidering enacting or amendmg ordmances that would prohibit. a person from publicly appearlnn nude in any establishment that IS licensed by the State of Florida to permIt the sale, service, or consump- lion of alcoholic beverages; and WHEREAS. the City Commls, sion finds that there is recent le- 8al precedent that reaffirms the e~7a~1 ~~~~~?SPI~~~~~~~Ut~t~~~ liqu~r, See e.g.,. Sammy's.of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cie. 199B); and or I t \ regulations that, prOhibit \tle:1 sare, serving or consumption of alcohol In eS,tabllshments that allow nudity including, but not limited to, Orange Cou!'ty and the cities of Altamonte ::,pnngs Casselberry Lake Mary, Long- wood. Maitland. OViedo. San- ford, and Winter Park: and WHEREAS, prior to 10rmally cons1derin9, the adoption of leg- Islation Similar tu triOSE,? c,onll1lu- nities, the City COm!T\,lSSIOn de- sires to solicit public Input from the Citizens 01 Wint.er Spnn~ls on the Issue and NON-BINDING QUESTION LEGISLATION PROHIBiilNG PERSON FROM PUBLICLY APPEARING NUDE IN LI- CENSED ALCOHOLIC BEVER- AGE ESTABLISHMENTS I I 'I way to hold a which poses a on whetrer the tf'r Springs support or oppose adoption of regulations tnat would prohibit a person !rcm publicly appearing (:ude In 2,r.y establishment that \5 Ilcense~ by the State o! Florida to~ pernllt tr1e sale. serVlce. or CO!!sump- tion of alcoholic beverages: and WHEREAS, the ballot question will be presented to the Citizens of Winter ~pr1ngs for a vote con- current '.'11th the ~ovember 2, 1999 general election: and WHEREAS, the City Commis- sion hereby. declares that thIS ordinance IS In the best mterests of the public health, safety, wel- fare. morals, and order of the CI\lzerlS of the city 01 Winter Sorings NOW lHEREFORE, BE 11 OR I DAINED BY THE CITY OF WiN- TER SI'RINGS AS FOLLOWS 1. Findings of Fact. Eacll and al! of the foregOing recitals are found to be true and correCI 2. Election Set. Tne City Com- mission hereby declares It to be in the public interest to set No. vember 2, 1999 as the date 01 a referendum for the voters _of Winter Springs to vote on the IS- sue of whether or not to adopt ordinances prOhlbltln~ publIC ~~d~Ye wg~r~;l;~~g.IICser~~edag~ consumed in the City of Wmter Springs, 3. Non-Binding Heferendum Pursuant to SectIon 101.161, Florida Statutes, the City Com- mission hereby declares Its 1[1- tent to place on this ballot at the November 2. 1999 election a non-binding referendum on the issue at regulatlng and prOhibIt. ing by, ordinance nudIty In any establishments where alcoholic beverages are being sold served or consumed Shall the City of Wlrlter Springs enact legIslation t~at prohibits a person from publlc!y appearing [~u l~i6e~~:dnbye~~~b~~~t~ ~7tF~~~~ da to permit the sale, seNice or consumption of alcoholic bever- ages? YES - Approve 01 enacting legislation. NO. Disapprove of enactlrig leglsiatlon 5. Instructions to the Seminole County Supervisor of Elections: ~~~oc~ro~~~ka~S c~~;~r t~~~e~;- dlnance to the Supervisor at Elections so that the Supervisor 01 Elections is on .notice of the proposed referendum and the referendum question set forUl In ~~~a8r:~hs~o~rd t~ir~~d~i ~~i~ 1~ formation to the Supervisor at Elections as .soon as pos?lble so as to be In full compliance with the notice requirements of ~lorida Election Law. The notice to the Supervisor of Elections should request that the referen- dum question be placed on the ballot at the November 2, 1999, General Election. 6. Publication of Notice of Referendum Election. The Clerk I ~~;II~cF~~!,iS~ "~O~~?N~~~h;e~e~f genera! circulation as required by Section I 00_342, Florida Statutes; said Notice to be in substantially the following form. 7 C()st~ of Election The City CommiSSion shall be responsI- ble for those costs, jf any, re- qUlfed to be paid by a City plac- Ing a referendum question on the ballot at an already sched- uled ejection, as set forth in the state election laws. 8. Confllcts. All Ordinances in I CO,n!lict "fo,r the provisions of this Ordinance are hereby superced- ed and thiS Ordinance shall pre- \/::Ill . g. Severability. If any v~ords, hrase, sentence or. portIon of ~liS Ordinance IS stn~ken ~y a Florida Court at competent JurIS- dir.tion, all other terr-r:s and con- dItions ot the Ordinance not specihcally stricken shall remain In full torce and effect. This Ordt- effective the City \ ot Win- Ii tei I DONE AND ENACTED :n regu- I '..n seesion O,f the City Cornrnls. ~iO~ J~)t the City ~f W\nt~~ Springs, Flurlda tIllS 13th day 0, \ Seplember, 1999. 1\ ~~1YR,,8t ~"'I.NT [,R SPRINGS, Mayor Paul p, Partyka ATTEST: Andrea Lorenzo-Luaces ~~~~4~~8~lerkOCT 10 H)!)!) ...