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Home My WebLink About1999 09 13 Public Hearings Item L , , -' COMMISSION AGENDA ITEM L Consent Informational Public Hearings X Regular September 13, 1999 Meeting V Mgr. / Dept. Authorization REQUEST: City Manager requests approval of the second reading on Ordinance Number 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. CONSIDERATIONS: 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. CITY OF WINTER SPRINGS PUBLIC HEARlINGS AGENDA - SEPTEMBER] 3, 1999 PUBLIC HEARINGS AGENDA ITEM L PAGE 2 OF 2 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 2, 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. ST AFF RECOMMENDATION: Consider this for second reading and adoption at the meeting of September 13, 1999. ATTACHMENTS: A. Ordinance Number 732 COMMISSION ACTION: 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 (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 ~i '.: f': 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 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 ofthe 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.ptembp.;rl999. ATTEST: u ~ Andrea L 0- Luaces Interim City Clerk