HomeMy WebLinkAbout1999 07 26 Public Hearings Item A
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearin X
Re ular
Julv26. 1999
Meeting
MGM DEPT.
AuthorizatRm
REQUEST: Conduct first reading on Ordinance NO.732 calling for a non-binding
referendum on the issue of whether the registered voters desire the City
Commission of the City of Winter Springs to adopt ordinances prohibiting nudity
in commercial establishments where alcoholic beverages are sold, served or
consumed.
PURPOSE: Federal Court case law addressing local ordinances regulating
adult entertainment have approved ordinances where a referendum has been
conducted expressing public sentiment on the content of such local ordinances.
This ordinance is intended to secure from the voters such an expression of
sentiment on an ordinance banning nudity in commercial establishments where
alcoholic beverages are available.
CONSIDERATION: State law allows for City officials to place on the ballot
referendum question. Unless the referendum is required by state law (bond
issues pledging ad valorem taxes; use of certain discretionary sales taxes; as
examples), the referendum is non-binding. It is advisory rather than mandatory.
This referendum does allow for an expression of sentiment on the issue.
The means of placing a matter to referendum vote requires that the City pass an
ordinance expressing its desire to place a particular issue on the ballot. The
ordinance declares when the matter is to be placed on the ballot (November 3,
1999); sets forth the ballot question; commits the City to publish certain public
notices. The ordinance also serves to notify the Supervisor of Elections of the
City the desire to conduct the referendum, the question to be placed on the
ballot, and the election date.
The use of a referendum is similar to the steps taken in other localities. The City
of Winter Springs will review its ordinances to make sure that the regulations
address all areas of adult entertainment so that such businesses do not view the
City as an area where regulations are less strict than surrounding areas.
FUNDING: Cost of legal ads announcing the election.
RECOMMENDATION: Consider Ordinance NO.732. Move the Ordinance to
second reading and adoption.
ATTACHMENTS: Ordinance NO.732.
COMMISISON ACTION:
ORDINANCE NO. 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
FORCONFLICTS~ 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 (11th 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.
correct.
Findings of Fact. Each and all of the foregoing recitals are found to be true and
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
commercial establishments where alcoholic beverages or 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 commercial
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 TION 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 Casselberry 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 Suoervisor 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 100.361, Florida
Statutes; said Notice to be in substantially the following forum.
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 day of , 1999.
CITY OF WINTER SPRINGS, FLORIDA
~ayorPaulP.Partyka
ATTEST:
Andrea Lorenzo-Luacas
Acting City Clerk