Chapter 150 - ADULT ENTERTAINMENT AND SERVICES CODE

TITLE VI - BUSINESSES, TRADES AND OCCUPATIONS Chapter 151 - DANCING ENTERTAINMENT ESTABLISHMENT CODE Chapter 150 - ADULT ENTERTAINMENT AND SERVICES CODE[1]

Footnotes: --- (1) ---

Cross reference— Amortization of adult establishments, § 656.725.

State Law reference— Massage, F.S. Ch. 480; local laws regulating obscenity, F.S. § 847.09.

PART 1. - GENERAL PROVISIONS

Sec. 150.101. - Legislative findings.

The Council makes the following legislative findings:

(a)

There are businesses in the City which allow, or engage in, possession, display, exhibition, distribution and sale of books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and devices which depict, illustrate, describe or relate to specified sexual activities.

(b)

There are businesses in the City where parts of one person are treated or encountered by rubbing, stroking, kneading or tapping by a second person, accompanied by the display or exposure of specified anatomical areas.

(c)

There are businesses in the City which allow or encourage employees, agents or other persons to display or expose specified anatomical areas.

(d)

When the activities detailed in subsections (a), (b), or (c) of this Section are present in an area of the City, other activities tend to accompany them which are illegal, immoral or unhealthful, such as 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, and these illegal, immoral or unhealthful activities tend to concentrate around and be aggravated by the presence of the activities detailed in subsections (a) and (b) and (c) of this Section.

(e)

The buildings and establishments in which these activities and business operations take place:

(1)

Are conducive to and are often used for the commission of immoral, lewd, indecent or illegal acts.

(2)

Are constructed, in part or in whole, of substandard materials or in disregard for the health and safety of patrons and customers.

(f)

The business operations and activities mentioned in subsections (a), (b) and (c) of this Section are commercial ventures, operated for the purpose of making a profit, and as such are proper subjects for regulation by the City in the interest of the health, safety and welfare of the public.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.101.

Sec. 150.102. - Title.

This Chapter may be known and cited as the Adult Entertainment and Services Code.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.102.

Sec. 150.103. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Adult Bookstore means a place or an establishment where a substantial portion of the items, materials, goods, or products sold or rented, offered for sale or rent, displayed, or exhibited constitute Adult Material. A place or establishment has a "substantial portion" of Adult Material if any of the following criteria are satisfied:

(1)

More than 40 percent of the floor area of the establishment (excluding any portion of the establishment not open to the public which may include storerooms, stock areas, bathrooms, basements, attics, or administrative offices) is devoted to Adult Material; or

(2)

More than 40 percent of the merchandise displayed for sale or rent in the establishment consists of Adult Material.

(b)

Nude entertainment means, while on the premises of a commercial establishment, the act of exposing or displaying specified anatomical areas, (1) for compensation or valuable consideration or for the opportunity to obtain compensation or valuable consideration, (2) to a person other than employee of the establishment or of the person operating or controlling the establishment.

(c)

Adult entertainment establishment means a commercial establishment where the owner, or an employee or agent of the owner, suffers, permits, allows, encourages, or pays any person to engage in nude entertainment on the premises. Adult entertainment establishment also includes any establishment which contains or operates an adult entertainment booth.

(d)

Nude massage parlor means a commercial establishment where a massage is given by someone who displays or exposes specified anatomical areas.

(e)

Adult motion picture booth means an area designed or used for the viewing by one person of motion pictures which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities.

(f)

Adult motion picture theater means an enclosed building, or a portion or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used for presenting on a regular basis film material which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof, and includes any hotel or motel, boardinghouse, roominghouse or other lodging for transient customers which advertises the presentation of this film material.

(g)

Employee means a person who works on a regulated premises, irrespective of whether the person is paid a salary or wage by the owner or manager of the regulated premises. Employee includes any escort referred by an escort service. Employee includes any dancer, entertainer, performer or model who works on a regulated premises or engages in or offers to engage in nude entertainment.

(h)

Inspector means the Sheriff, or an employee of the Public Health Unit authorized and designated by the Public Health Officer, or of the Building Inspection Division, authorized and designated by the Chief of the Division or of the Fire Prevention Division, authorized by the Chief, Fire Prevention, to inspect premises regulated under this Chapter and to take or require the actions authorized by this Chapter in case of violations being found on regulated premises, and also to inspect premises seeking to be licensed under this Chapter and to require corrections of unsatisfactory conditions found on the premises.

(i)

Premises means all rooms and areas within the same building or within buildings on the same or adjacent land which are so closely connected therewith to admit free passage and which are under (1) the same ownership, or (2) the same dominion and control. The same dominion and control shall be rebuttably presumed where the areas are leased to the same or a related person. Free passage shall be rebuttably presumed where same ownership or same dominion and control exist.

(j)

Panic hardware means the panic release devices required by the Fire Code.

(k)

Principal stockholder means an individual, partnership or corporation that owns or controls, legally or beneficially, ten percent or more of a corporation's capital stock and includes the officers, directors and principal stockholders of a corporation that is a principal stockholder under this Chapter; provided, that if no stockholder of a corporation owns or controls, legally or beneficially, at least ten percent of the capital stock, all stockholders shall be considered principal stockholders; and further provided, that if a corporation is registered with the Securities and Exchange Commission or pursuant to F.S. Ch. 517 and its stock is for sale to the general public, it shall not be considered to have any principal stockholders.

(l)

Sheriff means the Office of the Sheriff.

(m)

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

(i)

Human genitals or pubic region.

(ii)

Anus and anal cleft.

(iii)

Human female breasts below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3)

Any covering, tape, pasty, latex spray or paint or other device which simulates or otherwise gives the appearance of the display or exposure of any of the specified anatomical areas listed in subsections (1) and (2) of this definition.

For purposes of this definition, body paint, body dyes, tattoos, dried or wet liquid latex paint or spray, and similar substances shall not be considered an opaque covering.

(n)

Specified criminal act means a violation of this Chapter; an offense under F.S. Ch. 800; an offense under F.S. Ch. 796; an offense under F.S. Ch. 847; an offense under F.S. § 893.13; or an offense under F.S. § 849.09(2), F.S. § 849.10 or F.S. § 849.25(3), and includes a violation of any similar ordinance, law or regulation whether in Florida or in any other state.

(o)

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation, flagellation, frottage, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or urolagnia.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(p)

Escort service means any business, agency or person who, for compensation or other consideration such as a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for escorts and includes any person assisting in the operation of an escort service who is not an officer, owner, partner, director or employee of another escort service. Excluded from the definition of escort service is any individual who refers himself or herself as an escort unless that individual holds himself or herself as an escort unless that individual holds himself or herself out to be an escort. Also excluded from this definition is any business regulated by the Department of Business and Professional Regulation or the Florida Bar.

(q)

Escort means any person:

(1)

Who for compensation or other consideration such as a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or public places or consorts with or models for others about any public place or within any private quarters;

(2)

Who does so off the premises of the escort service;

(3)

And who is referred by an escort service. Excluded from this definition is any person regulated by, or referred by a person regulated by, the Department of Business and Professional Regulation or the Florida Bar.

(r)

Private quarters means a place of temporary or permanent residence or lodging including, but not limited to, a house, an apartment or a hotel room or any other lodging for transient customers but does not include a private studio.

(s)

Massage means the manipulation of the superficial tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the skin, scalp, hair or any other part of the human body of a chemical or herbal preparation; or the cleansing of the skin, scalp, hair or any other part of the human body.

(t)

Reserved.

(u)

Reserved.

(v)

Auditorium means a room designed to accommodate an audience which room:

(a)

Shall meet each of the following requirements:

(1)

The room is not less than 4,000 square feet in area;

(2)

The stage shall either (A) be raised not less than three feet above the floor on which the nearest seating is located or (B) be not less than three feet from the nearest seat;

(3)

There shall be only one stage;

(4)

Food and beverages are prohibited within the room;

(5)

Tables are prohibited within the room for seating of customers or patrons;

(6)

All seating shall be arranged to face the same direction;

(7)

All seating shall face the stage;

(8)

No portion of the stage shall be constructed or arranged or used unless it is in front of, and is faced by, all seats.

(b)

Shall meet each of the following requirements:

(1)

The room is not less than 25,000 square feet in area;

(2)

Ninety percent of the seating, except for seating areas designed for the handicapped, shall be fixed to the floor and facing the stage;

(3)

No portion of the stage shall have seats on more than one side of the stage unless that portion of the stage is not less than 30 feet across.

(w)

Art school means a museum or school, college or university accredited by a national accrediting association.

(x)

Private room means a room within a commercial establishment which a customer can rent for the customer's sole use or use with an employee of the establishment, but does not include private quarters.

(y)

Private studio means a studio for an artist or photographer which is lawfully operating under the zoning code and which is not open to the public for any purpose other than for the sale of the artist's or photographer's works. The public shall be allowed to view any modeling which may occur on the premises nor may the models be made available for the use of anyone other than the owner of the studio or salaried employees of the studio.

(z)

Theatrical performance means a performance which meets each of the following requirements:

(1)

Audience members are not required to pay any fee or charge to watch the performance unless such fee or charge is an admissions fee paid by purchase of an admissions ticket;

(2)

Audience members are not allowed to pay, directly or indirectly, any tip or other compensation to any performer;

(3)

No performer shall request, solicit or accept any tip or other compensation from any member of an audience;

(4)

The performance or show shall not last more than four hours;

(5)

The performance or show shall not begin before noon nor end after midnight;

(6)

No more than two performances or shows shall be held in one day at one location;

(7)

No person shall expose or display specified anatomical areas except while the person is on the stage of an auditorium;

(8)

Upon purchase of an admissions ticket, the customer or audience member will either be assigned a seat or group of seats, or be allowed to sit in any seat for the entire performance, and no subsequent fee paid, except the purchase of another admissions ticket, will permit the customer to sit in any different location than originally allowed;

(9)

No member of the audience shall be allowed on the stage;

(10)

The performance or show shall have a noticed starting time designated not less than 48 hours before the show or performance.

(aa)

Admissions fee means the sum of money charged for admitting a person to any business establishment or other place or for the privilege of entering or remaining in any place and includes:

(1)

Any fee or money paid to view a performance;

(2)

Any fee or money paid to extend the length of time of a performance;

(3)

Any fee or money paid to alter a performance;

(4)

Any fee or money paid to allow a person into a different room, a different seat or a different place to view a performance;

(5)

Any fee or money paid to have a performer perform in a different location.

(bb)

Admissions ticket means a paper slip or card indicating that its holder has paid an admission fee.

(cc)

Escort service fee means any sum of money paid to hire an escort and includes:

(1)

Any fee or money paid to view or be with an escort;

(2)

Any fee or money paid to extend the length of time of an escort's services or performances;

(3)

Any fee or money paid for any service or performance by an escort;

(4)

Any fee or money paid to alter any service or performance by an escort;

(5)

Any tip paid to the escort.

(dd)

Adult entertainment booth means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, wherein an entertainer provides entertainment to a member of the public, a patron or a member, when such entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An adult entertainment booth includes, without being limited to, any premises that is physically arranged and used as such, whether advertised or represented as an entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. An adult entertainment booth shall not include theaters, concert halls, or similar establishments where entertainment is performed for groups of four or more. An adult entertainment booth shall not include any business regulated by the Department of Business and Professional Regulation or the Florida Bar.

(ee)

Straddle means the following act: the straddling of the legs of one person over any part of the body of any other person, regardless of whether there is a touch or touching.

(ff)

Touch means to touch with a portion of the human body or with any object.

(gg)

Nude entertainment booth means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, wherein any person exposes or displays specified anatomical areas to a member of the public, a patron or a member, when such exposure or display is held, conducted, operated or maintained for a profit, direct or indirect.

(hh)

Regulated premises means and includes all of the floor areas or land areas embraced within the plan appearing on or attached to the application for the license involved and designated as such on the plan and also means and includes any premises or business used for an adult entertainment establishment, adult movie theater, escort service, adult massage parlor or adult bookstore.

(ii)

Salaried employee means any person who receives a salary or wage and is considered an employee for the purposes of minimum wage laws, unemployment compensation laws and social security laws.

(jj)

Performer means any person who engages in nude entertainment at any commercial establishment that has or requires an adult entertainment establishment license.

(kk)

Dance performance permit means the performer work identification card established in Section 150.224.

(ll)

Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person regulated pursuant to F.S. Ch. 787, as defined in F.S. § 787.06, as may be amended.

(mm)

Adult Material means any of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, digital video disks ("DVDs"), video cassettes, videotape, slides, prints, computer digital graphic recordings, or other visual representations, regardless of medium, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, excluding bona fide birth control devices.

(Ord. 77-257-256, § 1; Ord. 78-640-429, § 11; Ord. 79-684-339, § 1; Ord. 80-195-174, § 1; Ord. 83-591-400, § 1; Ord. 87-170-17, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 1; Ord. 2003-755-E, § 1; Ord. 2005-743-E, § 1; Ord. 2006-1127-E, § 1; Ord. 2008-259-E, § 1; Ord. 2016-130-E, § 1; Ord. 2020-74-E, § 3; Ord. 2021-879-E, § 1)

Note— Former § 410.103.

Sec. 150.104. - Performer Age Restriction.

No performer under 21 years of age shall be allowed to perform at any establishment regulated under this Chapter.

(Ord. 2023-161-E, § 1)

Sec. 150.105. - Obscenity not permitted.

Nothing in this Chapter shall be construed to allow or permit the possession, distribution and transportation of obscene materials or to authorize the exposing of persons under 18 years of age to harmful motion pictures, exhibitions, shows, representations and presentations. These matters are preempted to the State and are subject to State regulation, and it is not the intent of the Council to legislate with respect to preempted matters.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.105.

Sec. 150.106. - Construction.

This Chapter shall be liberally construed to accomplish its purpose of licensing and regulating adult entertainment and service activities.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.106.

Sec. 150.107. - Exceptions from definitions.

(a)

An adult entertainment establishment shall not include an auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance; provided that the exposure or display or specified anatomical parts is incidental to the performance. Notwithstanding any ordinance or ordinance code provision to the contrary, in the event the exception created in this subsection (a) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exception is held to create an invalidity or unconstitutionality in other Section or provision of this Chapter, then the entire exception is void and invalid, and no person shall be entitled to such exception.

(b)

In the event that the exception created in subsection (a) of this Section is declared void, invalid, or unconstitutional, then an adult entertainment establishment shall not include an auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance. Notwithstanding any ordinance or ordinance Code provision to the contrary, in the event the exception created in this subsection (b) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exception is held to create an invalidity or unconstitutionality in other Section nor provision of this Chapter, then the entire exception is void and invalid, and no person shall be entitled to such exception.

(Ord. 95-307-109, § 28)

Editor's note— Section 2 of Ord. 95-307-109, repealed former § 150.107, relative to judicial review, and § 28 of said ordinance enacted a new § 150.107 to read as herein set out. The provisions of former § 150.107 derived from Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; and Ord. 94-190-651, § 1.

Sec. 150.108. - Regulation of licensed massage therapists.

It is not the intent of this Section to legislate with respect to licensed massage therapists regulated by State law, F.S. Ch. 480, the Department of Business and Professional Regulation, and the Board of Massage Therapy.

(Ord. 2008-259-E, § 1)

PART 2. - ADMINISTRATION

Sec. 150.201. - Responsibility.

Responsibility for the administration and enforcement of this Chapter is vested in the Sheriff. The Building Inspection Division is responsible for inspection of licensed premises and premises applying for a license in order to pass upon the construction and physical configuration of the premises involved. The Chief, Fire Prevention is responsible for inspection of licensed premises and premises applying for a license to ascertain compliance with the Fire Prevention Code. The Public Health Unit is responsible for inspection of licensed premises applying for a license to ascertain compliance with the Health Code and applicable State laws and regulations.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.201.

Sec. 150.202. - Power of Sheriff, etc.

The Sheriff may make, adopt, amend, issue and repeal rules, regulations and administrative orders to implement this Chapter. When a provision of this Chapter gives the Public Health Unit, Building Inspection Division or the Chief, Fire Prevention the authority or duty to act, the authority or duty vests in the Public Health Officer, the Chief of Building Inspection or in the Chief, Fire Prevention or in any inspector who is given the authority or duty in accordance with the administrative procedures of the agency concerned, unless a specified person or public official is designated herein to exercise the authority or fulfill the duty.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.202.

Sec. 150.203. - License required.

(a)

It shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City, the operation of an adult bookstore, adult motion picture theater, adult entertainment establishment, or escort service without having first obtained a license under this Chapter.

(b)

Licenses referred to in this Chapter shall be classified as follows:

(1)

Adult bookstore;

(2)

Adult motion picture theater;

(3)

Adult entertainment establishment;

(4)

Escort service.

(c)

Any premises with an adult motion picture booth must have either an adult bookstore; adult motion picture theater; or adult entertainment establishment license.

(d)

Each application for a license shall state the classification and location for which it is to be issued. A license may be issued in only one classification and for only one location, but this shall not prohibit an applicant from filing separate applications for licenses in two or more classifications at the same location.

(e)

Where a person lawfully operated an adult bookstore, adult motion picture theater, adult entertainment establishment or escort service prior to this Chapter being amended to require such person to obtain a license, such person shall have 30 days from the date of such amendment in which to apply for the necessary license and may operate such business without a license for such time and until the Sheriff denies the request for a license and until the application is finally denied pursuant to Section 150.207.

(f)

A person shall have the right to begin operating an adult entertainment establishment, adult bookstore, adult motion picture theater or escort service, 45 days after applying for a license to operate such a business; provided, that the person must operate the business in compliance with all other provisions of this Chapter and in compliance with all other applicable ordinances, laws and regulations. This right to operate granted by this subsection terminates upon final denial of a license as set forth in, and pursuant to, Section 150.207.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 3; Ord. 2005-743-E, § 1)

Note— Former § 410.203.

Sec. 150.204. - Disqualification.

(a)

No license shall be issued if the Sheriff finds, as a result of his investigation or of the investigation of Building Inspection Division, the Public Health Unit or the Chief, Fire Prevention, that the proposed licensed premises does not meet each and every one of the general and special requirements for the type of license applied for as established in this Chapter.

(b)

No license shall be issued to:

(1)

Any individual, partnership or corporation whose license under this Chapter has been revoked in the previous 12 months;

(2)

Any partnership, a partner of which has had his license under this Chapter revoked in the previous 12 months;

(3)

Any corporation, an officer, director or principal stockholder of which has had his or its license under this Chapter revoked in the previous 12 months; or

(4)

Any individual who is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation, whose license under this Chapter has been revoked in the previous 12 months.

(Ord. 77-257-256, § 1; Ord. 78-640-429, § 1; Ord. 79-684-339, § 2; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.204.

Sec. 150.205. - License application; application fee.

(a)

A person desiring to engage in the business of operating an adult bookstore, adult motion picture theater, adult entertainment establishment, or escort service shall file with the Sheriff a sworn application on forms supplied by the Sheriff. The application shall contain at least the following information and be accompanied by the following documents:

(1)

If the applicant is:

(i)

An individual, his name.

(ii)

A partnership, the full name of the partnership and the name of the managing partner and the names of all other partners, whether general or limited, accompanied by the partnership instrument or a certified copy thereof.

(iii)

A corporation, the exact corporate name and state of incorporation and the name of the chief executive officer and the names of all other officers, and directors, accompanied by the articles of incorporation and all amendments thereto and the certificate of incorporation, or certified copies thereof.

(2)

If the business is to be conducted under another name than that of the applicant, the business name and the county of registration under F.S. § 865.09.

(3)

Whether any of the individuals listed pursuant to paragraph (1) has, within the twelve-month period immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the particular criminal act involved and the place of conviction. Conviction includes a plea of guilty, a plea of no contest, or withhold of adjudication of guilt upon being charged with a violation.

(4)

Whether any of the individuals listed pursuant to paragraph (1) or whether the applicant has had a license under this Chapter previously revoked or has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this Chapter has previously been revoked.

(5)

The classification of the license for which the application is being filed.

(6)

Whether the applicant holds another license in the classification for which the application is being filed and, if so, the number and location of the licensed premises.

(7)

The proposed location of the business.

(8)

The names of the employees, if known, or, if presently unknown or there will be no employees, a statement to that effect.

(9)

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 structural features of the proposed licensed premises. The term fixed structural features shall include walls, immovable partitions, projection booths, admission booths, concession booths or stands, immovable counters and similar structures that are intended to be permanent.

(10)

Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application. Nothing contained herein shall be construed to deny to the Sheriff the right to take the fingerprints and additional photographs of the applicant, officers, directors, or partners, nor shall anything contained herein be construed to deny the right of the Sheriff to confirm, by independent investigation, the truth and accuracy of the above information.

(11)

Proof of proper zoning from the Planning and Development Department.

(b)

Each application shall be accompanied by a nonrefundable fee as found in www.jaxsheriff.org/fees, or by a receipt of the Tax Collector evidencing payment of the fee, at the time the application is filed.

(Ord. 77-257-256, § 1; Ord. 78-640-429, § 2; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 2003-755-E, § 3; Ord. 2017-665-E, § 8)

Note— Former § 410.205.

Sec. 150.206. - Investigation.

Upon receipt of an application properly filed and upon payment of the application fee, the Sheriff shall investigate both the qualifications of the applicant and the proposed licensed premises. The Public Health Unit, the Building Inspection Division and the Chief, Fire Prevention shall investigate the proposed licensed premises for compliance with this Chapter and other applicable ordinances relating to construction, safety, fire protection and public health. At the conclusion of their investigation, they shall endorse on the application the results and findings thereof, recommending either approval or disapproval of the application.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.206.

Sec. 150.207. - Issuance; notice of denial; review; final denial.

(a)

Upon the completion of the investigation of an application by the Sheriff and other interested agencies, the Sheriff shall approve or disapprove the application. The investigation shall be completed within 30 days of the application being filed. If approved, the license shall be issued upon the payment of the appropriate license fee provided in Section 150.215, evidenced by a receipt of the Tax Collector showing payment of the license fee.

(b)

If the application is disapproved, the Sheriff shall give the applicant notice of the disapproval and the reasons therefor. If the Public Health Unit, the Building Inspection Division or the Chief, Fire Prevention recommends disapproval, the application shall be disapproved by the Sheriff for the reasons stated by the agency recommending disapproval, in addition to any reasons that the Sheriff may have as a result of his investigation; otherwise, the Sheriff may disapprove the application for reasons he may have as a result of his investigation. These reasons shall be based only on noncompliance with this Chapter. The application shall not be denied on the basis of failure to have an exception required by the zoning code where the applicant has submitted proof of applying for the proper exception and where the property is zoned Community/Commercial General-2 pursuant to Chapter 656. Where the applicant does not have the required exception for property zoned CCG-2 and has applied for such exception, the Sheriff shall defer approving or disapproving the application until the requested exception has been granted or denied.

(c)

The Sheriff shall approve or disapprove the application within 45 days of submittal of the application unless the applicant requests additional time.

(d)

Except as set forth in subsection (b) of this Section, not more than 45 days after an application has been submitted, unless the application has been submitted, unless the applicant requests additional time, the Sheriff shall notify an applicant of the Sheriff's decision to grant or deny the license. Such notification shall be by certified or registered mail to the address in application or by personal service.

(e)

Not more than ten days after notification referred to in subsection (d) of this Section, excluding weekends and legal holidays, the Sheriff shall seek declaratory relief in a court of competent jurisdiction to determine the validity of the Sheriff's decision to deny the application. Nothing herein shall be deemed to affect the applicant's right to seek judicial review of the Sheriff's decision at any time.

(f)

In any judicial review of denial of a license, whether review is brought by the Sheriff or the applicant, the burden shall be on the Sheriff to prove that the denial of the license is justified under this Chapter.

(g)

For the purpose of Section 150.203, an application is not finally denied until the denial is approved by a trial court of competent jurisdiction.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 4)

Note— Former § 410.207.

Sec. 150.208. - Limitation on licensees and licensed premises.

There shall be no limitation on the number of licenses issued, but licensed premises shall observe the placement limitations contained in Part 11, Chapter 656. A licensed premises may be owned by the licensee or may be leased by the licensee from a person not a licensee under this Chapter; provided, that a licensee who is a tenant or lessee may not surrender his tenancy or lease to the owner or lessor if by so doing the owner or lessor will take possession, control and operation of the licensed premises and the business licensed under this Chapter, unless the license is transferred as provided in Section 150.211; and further provided, that a licensee who is the owner of the licensed premises may not lease or otherwise give up possession, control or operation of the licensed premises and the business licensed under this Chapter to any other individual, partnership or corporation, unless the license is transferred as provided in Section 150.211.

(Ord. 77-257-256, § 1; Ord. 78-640-429, § 3; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.208.

Sec. 150.209. - Display of license; mutilation prohibited.

A licensee licensed under this Chapter shall display his license in a conspicuous place on the licensed premises, in a clear, transparent cover or frame. The license shall be available for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed. The licensee shall be responsible for compliance with this provision and shall notify the Sheriff if the certificate is not in compliance and request a new certificate.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.209.

Sec. 150.210. - Term of license; renewals.

(a)

All licenses issued under this Chapter, except new licenses, shall be annual licenses which shall be paid for on or before October 1 and shall expire on September 30 next following. A licensee beginning business after October 1 and before April 1 may obtain a new license upon application therefor and the payment of the appropriate license fee, and the license shall expire on the following September 30. A licensee beginning business after March 31 and before October 1 may obtain a new license upon application therefor and the payment of one-half of the appropriate license fee herein required for the annual license and the license shall expire on September 30 of the same year. The provisions of this subsection shall not affect the provisions of Section 150.211.

(b)

A licensee under this Chapter shall be entitled to a renewal of his annual license from year to year, as a matter of course, on or before October 1 by presenting the license for the previous year or satisfactory evidence of its loss or destruction to the Tax Collector and by paying the appropriate license fee. A license that is not renewed by October 1 of each year shall be considered delinquent and, in addition to the regular license fee, subject to a delinquency penalty of ten percent of the license fee for the month of October and an additional penalty of five percent of the license fee for each additional month, or fraction thereof, of delinquency until paid; provided, that the total delinquency penalty shall not exceed 25 percent of the license fee. All licenses not renewed within 120 days of September 30 are void unless any such license is involved in litigation.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.210.

Sec. 150.211. - Transfer of license.

When a licensee shall have made a bona fide sale of the business which he is licensed under this Chapter to conduct, he may obtain a transfer of the license issued under this Chapter to the purchaser of the business but only if, before the transfer, the application of the purchaser shall be approved by the Sheriff in accordance with the same procedure provided in Sections 150.205, 150.206 and 150.207 in the case of issuance of new licenses. A license may be transferred when revocation or suspension proceedings have been instituted against a licensee; provided, that revocation or suspension proceedings shall continue and the license shall be subject to any suspension or revocation notwithstanding the transfer. Before the issuance of a transfer of license, the transferee shall pay a transfer fee of ten percent of the appropriate annual license fee. Licenses issued under this Chapter shall not be transferable in any other way than provided in this Section.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.211.

Sec. 150.212. - Suspension and revocation of license.

(a)

The Sheriff is given full power to suspend, for 15 days, any license issued under this Chapter, where the Sheriff determines, upon sufficient cause, that:

(1)

The licensee, his or its agents, officers, servants or employees, maintain or continue to maintain a nuisance on the licensed premises.

(2)

The licensed premises are unsanitary as certified by the Public Health Unit.

(3)

The licensed premises are unsafe, as certified by the Building Inspection Division or by the Chief, Fire Prevention.

(4)

The licensee, his or its agents, officers, servants or employees, on the licensed premises, or elsewhere while in the scope of employment, violated any provision of this Chapter or any rule of the Sheriff made pursuant to the authority granted in Section 150.202. Whether or not the licensee, his or its agents, officers, servants or employees have been convicted of a violation shall not be considered in proceedings before the Sheriff for suspension or revocation of license.

(b)

Before the Sheriff shall suspend or revoke a license, he shall furnish the licensee a written statement, by certified or registered mail or by personal service, of the cause for suspension or revocation of the license and the length of time of suspension.

The Sheriff shall, within 20 days of notification, refer the matter to a County Court judge, who shall hold a hearing for the sole purpose of determining whether just cause exists for the suspension or revocation. For purposes of this subsection, a violation shall be deemed committed, by the County Court judge, based upon clear and convincing evidence submitted at the hearing. A finding of violation at a suspension or revocation hearing shall not establish precedent or be used in any civil or criminal penalty proceeding. This suspension or revocation process is intended to apply retroactively to all adult entertainment licenses currently existing and to those prospectively issued hereinafter. The suspension or revocation of a license shall not become effective until the Sheriff obtains a final order authorizing the suspension or revocation or the parties stipulate otherwise. In any judicial review, whether review is brought by the applicant or the Sheriff, the Sheriff shall have the burden of demonstrating the validity of the proposed suspension or revocation.

(c)

The license shall be suspended for a period of six months if more than five violations of this Chapter have been committed during any six-month period by the licensee, or any office, employee, agent servant, or independent contractor of the licensee if each violation was due to acts of such persons and which acts were done within such officers', employees', agents' or servants' scope of authority under the owner. For purposes of this subsection, multiple violations of this Chapter on a single day shall be considered a single violation.

(d)

The license shall be revoked if more than ten violations of this Chapter have been committed during any one-year period by the licensee, or any office, employee, agent servant, or independent contractor of the licensee if each violation was due to acts of such persons and which acts were done within such officers', employees', agents' or servants' scope of authority under the owner. For purposes of this subsection, multiple violations of this Chapter on a single day shall be considered a single violation.

(e)

The suspension or revocation of a license shall not become effective until approved by a trial court of competent jurisdiction.

(f)

A licensee may operate until such time as the suspension or revocation shall become effective as set forth in subsection (e) of this Section.

(Ord. 77-257-256, § 1; Ord. 79-684-339, § 3; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 5; Ord. 2003-755-E, § 4; Ord. 2020-74-E, § 4)

Note— Former § 410.212.

Sec. 150.213. - Licensee moving to new location; changing name of business.

(a)

A licensee may move his licensed premises to a new location and operate at the new location upon approval, by the Sheriff, of the licensee's application for the change of location. The licensee shall submit to the Sheriff an application for the change of location, accompanied by an application fee as found in www.jaxsheriff.org/fees, or by a receipt of the Tax Collector evidencing payment of this fee, at the time the application is filed. The application shall be identical to the application for new licenses. If more than one license has been issued to the regulated premises at the old location, the licensee shall state in his application for the change or location which of the licenses is being moved to the proposed new location. Upon approval of the application, there shall be issued to the licensee a license for the new location without the payment of any further fee.

(b)

The Sheriff shall review an application to move licensed premises pursuant to the procedures set forth in this Chapter for new licenses. The application shall be granted or denied and judicially reviewed on the same basis and pursuant to the same procedures as an application for a new license. The licensee may begin operation at the new location within seven days of filing the completed application for the new location and may continue to operate until the application has been finally denied pursuant to the procedures for new licenses; provided, that the licensee comply with all other provisions of this Chapter and all other applicable ordinances, laws and regulations; provided further the applicant may not continue to operate at the original location. In the event that the request to move to a new location is denied, the licensee may recommence operation at the original location for the license.

(c)

No licensee may change the name of the business located at his licensed premises without giving the Sheriff notice in writing of the change within five days of such change.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 6; Ord. 2017-665-E, § 8)

Note— Former § 410.213.

Sec. 150.214. - Issuance of license for prior revoked license.

When a license is revoked by the Sheriff, no license shall be issued for the location formerly covered by the revoked license. The period of time that a license shall be prohibited under this Section shall be one year from the October 1 following revocation.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.214.

Sec. 150.215. - License fee.

(a)

An annual license fee as found in www.jaxsheriff.org/fees, is hereby levied on each of the licenses required under this Chapter.

(b)

License fees collected under this Chapter are fees paid for the purpose of examination and inspection of licensed premises under this Chapter and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes imposed by Chapters 770 and 772. The payment of a license fee under this Chapter shall not relieve any licensee or other person of liability for and the responsibility of paying an occupational license tax where it is required by Chapters 770 and 772, and for doing such acts and providing such information as may be required by those Chapters.

(Ord. 77-257-256, § 1; Ord. 78-640-429, § 4; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 2017-665-E, § 8)

Note— Former § 410.215.

Sec. 150.216. - Records and reports; consent by licensee.

Each licensee shall keep such records and make such reports as may be required by this Chapter or by rule by the Sheriff, the Public Health Unit, the Building Inspection Division and the Chief, Fire Prevention to implement this Chapter and carry out its purpose. By applying for a license under this Chapter, an individual, partnership or corporation shall be deemed to have consented to the provisions of this Chapter and to the exercise by the Sheriff of the powers given by Section 150.202 in the manner therein specified.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.216.

Sec. 150.217. - Corporate licensee; maintenance of stock register; report.

(a)

Any corporation holding a licensee under this Part shall maintain a stock register at the principal office of the corporation in the City and the stock register shall be available to the Sheriff for inspection. Such corporation shall report to the Sheriff, in writing, any of the following:

(1)

Issuance or transfer of any shares of stock, or beneficial ownership thereof, to any person where the issuance or transfer results in the person owning ten percent or more of the stock or beneficial ownership of the corporation;

(2)

Changes of any of the corporate officers required to be reported by State law;

(3)

Changes of the members of its Board of Directors. The report shall be filed with the Sheriff within 30 days after the issuance or transfer of corporate stock, or beneficial ownership thereof, changes of corporate officers, or changes of members of the Board of Directors.

(b)

The provisions of this Section shall not apply to any of the following:

(1)

A corporation, the stock of which is listed on a stock exchange;

(2)

A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity; or

(3)

A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.

(Ord. 94-190-651, § 1)

Sec. 150.218. - Applications barred for one year.

Whenever any application is filed for a license under this Part and such application has been denied by the Sheriff, or a license issued under this Part has been revoked, the application for such permit, or for a like permit for the same location or by the same applicant, shall not be heard by the Sheriff until the expiration of one year from the date of the previous denial or revocation of such permit or application. For the purposes of this Section, "same applicant" shall mean a corporation having substantially the same shareholders as a prior corporate applicant, or a partnership having substantially the same membership as a prior partnership applicant; furthermore, "same applicant" shall mean any officer, director, shareholder or partner of a prior corporate or partnership applicant; provided, that when any license is denied by reason of definite existing conditions which prevent the granting of the license, and such conditions are removed or remedied, the one year's prohibition against reapplication will not apply.

(Ord. 94-190-651, § 1)

Secs. 150.219, 150.220. - Reserved.

Sec. 150.221. - Aiding or abetting.

No person shall suffer or permit, aid or abet any other person in the violation of any provision of this Chapter.

(Ord. 94-190-651, § 1)

Sec. 150.222. - Written notices.

(a)

Each escort shall provide to each customer or patron the notices of rights and responsibilities set forth herein.

(b)

The notice of terms shall contain:

(1)

The types of services to be performed;

(2)

The length of time the escort will be within the services of the customer;

(3)

The time the services will begin;

(4)

The total cost of such services; and

(5)

Any special terms or conditions relating to the services to be performed.

(c)

If the escort and customer agree to extend the length of time of the services, a new notice of terms, required by subsection (b), shall be given to the customer.

(d)

The escort shall also give to the customer a notice of unlawful acts. The notice shall state, in not less than 24 point type, the following:

(1)

It shall be unlawful for an escort to encourage, suffer or permit a customer to expose or display his or her (the customer's) specified anatomical areas.

(2)

It shall be unlawful for an escort to suggest or imply that a customer should or is permitted to expose or display his or her (the customer's) specified anatomical areas.

(3)

It shall be unlawful for an escort to expose or display his or her (the escort's) specified anatomical areas at anytime the escort is in the presence of the customer.

(4)

It shall be unlawful for an escort to expose or display his or her (the escort's) specified anatomical areas except within a licensed adult entertainment establishment.

(5)

It shall be unlawful for any escort to straddle a customer.

(6)

It shall be unlawful for any escort to offer or agree to straddle a customer.

(7)

It shall be unlawful for any escort to intentionally touch the clothed or unclothed body of any customer at any point below the waist and above the knee of the customer.

(8)

It shall be unlawful for any escort to suffer or permit a customer to touch the clothed or unclothed body of the escort at any point below the waist and above the knee of the escort.

(9)

It shall be unlawful for any escort to touch the clothed or unclothed breast of any customer or patron.

(10)

It shall be unlawful for any escort to suffer or permit a customer or patron to touch the clothed or unclothed breast of the escort.

(11)

All fees and charges paid by a customer or patron of an escort or escort service shall be paid to the escort before the service begins.

(12)

No escort shall accept any tip or other compensation from a customer or patron unless that amount is the amount the customer is told will be charged before the service begins.

(13)

It shall be unlawful for a customer or patron of an escort to suffer or permit the escort to violate any of the above.

(14)

It shall be unlawful for a customer or patron of an escort to encourage or solicit an escort to violate any of the above.

(e)

Each notice set forth herein shall contain the printed or typed legal name of the escort and the escort service.

(f)

Each notice set forth herein shall be signed by the escort in the presence of the customer.

(g)

Each notice set forth herein shall contain the printed or typed legal name and the signature of the manager of the escort service on duty at the time the escort is referred to the customer.

(h)

Each notice set forth herein shall have noted on it the time and location of the place where the notice was delivered. The location information shall include the street address and the apartment or unit number if at a multifamily dwelling and the room number if at a hotel or motel.

(i)

Each notice set forth herein shall contain the printed or typed legal name of the customer and shall be signed by the customer.

(j)

A copy of each notice shall be maintained for one year by the escort and by the escort service.

(Ord. 94-190-651, § 1)

Sec. 150.223. - Exemptions.

(a)

The licensing provisions of this Chapter shall not apply to:

(1)

A bona fide art class where:

(A)

Such class is sponsored by an accredited school, museum or university; and

(B)

The teacher or instructor is in the class at anytime there is exposure or display of specified anatomical parts by a model; and

(C)

No person, other than a model, is permitted to expose or display his or her specified anatomical parts; or

(2)

A private studio where the artist or photographer has an occupational license to engage in his or her profession at that location; or

(3)

An auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance; provided, that such exposure or display is incidental to the performance; or

(4)

Any performance produced by an organization registered as a not-for-profit corporation pursuant to Section 501(c)(3) of the United States Internal Revenue Code.

(b)

Notwithstanding any ordinance or Ordinance Code provision to the contrary, in the event the exemption created in subsection (a)(1), (2), (3) or (4) of this Section is held or declared invalid or unconstitutional, in whole or in part, or if one of such exemptions is held to create an invalidity or unconstitutionality in any other Section or provision of this Chapter, then the entire exemption is void and invalid and no person shall be entitled to such exemption.

(c)

In the event that the exception created in subsection (a)(3) of this Section is declared void, invalid or unconstitutional, then the licensing provisions of this Chapter shall not apply to an auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance. Notwithstanding any ordinance or ordinance code provision to the contrary, in the event the exemption created in this subsection (c) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exemption is held to create an invalidity or unconstitutionality in other Section or provision of this Chapter, then the entire exemption is void and invalid, and no person shall be entitled to such exemption.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 7)

Sec. 150.224. - Performer work identification card.

(a)

Performer Work Identification Card required. Any person desiring to perform in an adult entertainment establishment licensed under this Chapter must obtain a Work Identification Card from the Sheriff. No person shall act as a performer in an adult entertainment establishment without having previously obtained said Work Identification Card, except as permitted during the Grace Period as set forth in this Section. Additionally, no license holder or establishment manager shall employ, contract with or otherwise allow any performer to perform in an adult entertainment establishment who does not possess a valid and effective Work Identification Card except as permitted during the Grace Period as set forth in this Section. Establishment managers shall be required to review all Performer Rosters at the commencement of his or her shift to verify compliance with this Section.

(b)

Penalty. Violations of this Section shall be a civil infraction. Any performer, license holder, owner, operator or manager who violates or knowingly permits a violation of this Section shall be assessed a civil penalty of $200.

(c)

Application for Work Identification Card. An application for a Work Identification Card shall be obtained from the Sheriff. The application shall include: the applicant's full legal name (including maiden name, if applicable); residential address; driver's license number or government issued identification or passport number; date of birth; natural hair and eye color; race; sex; height and weight; place of birth (city, state or country); telephone number; email address; a list of locations of and descriptions of any tattoos; and confirmation that the applicant has not been convicted within the relevant periods of time of any violation listed in subparagraph (l). Each applicant shall affirm through either attestation on the application or presentation of a certificate of completion to the Sheriff that he or she has completed one, free-of-charge, sex trafficking education program presented by the Polaris Project (https://polarisproject.org/training/) (approximately 45 min. in length) or the U.S. Department of Homeland Security, Blue Campaign Consequences Training (https://www.dhs.gov/blue-campaign/course___consequences___p01)(approximately 15 min. in length). The Sheriff shall maintain and make available to any applicant each sex trafficking education program in the event any applicant does not have online access to the program(s). Additionally, the applicant shall affirm that he or she understands that the Work Identification Card may be immediately revoked if issuance of the card is made illegal through order of any court. The application shall be in writing, signed and notarized, fully completed and submitted to the Sheriff together with the nonrefundable application fee. Each applicant must submit proof of identity at the time the application is submitted. No Work Identification Card shall be issued to any applicant who is under the age of 21 years of age. No Work Identification Card shall be issued to an applicant who has been convicted of human trafficking or who is currently on suspension for any violation listed under subsection (l), below. Work Identification Cards are valid for a term of one year. Applicants are required to update his or her application with changes to any of the application information (except height and weight) within 60 days of the change of such information. All current performers shall complete and submit an application for a Work Identification Card within 90 days from the effective date of this section (the "Grace Period"). Upon conclusion of the Grace Period, no performer shall be permitted to perform until a current Work Identification Card is obtained or without a valid copy of the application fee payment check or receipt as specified in subparagraph (e), below.

(d)

False statement or false information in applying for a Work Identification Card. It shall be unlawful for any person applying for a Work Identification Card to make a false statement or otherwise provide false information which is intended to facilitate the issuance of same. In addition to any other penalties provided herein, the Sheriff is authorized to petition the court for immediate revocation of any Worker Identification Card that has been determined by the Sheriff to have been issued based on fraudulent or false information.

(e)

Fees. The applicant shall pay an application fee with each new request for a Work Identification Card and with each renewal of a Work Identification Card. The fees shall not be prorated. The applicant shall also pay a duplicate card fee for each duplicate copy of an existing Work Identification Card. The initial fee for an initial Work Identification Card shall be $100. The initial fee for a renewal card shall be $50. The initial fee for a duplicate replacement card shall be $35. The Sheriff shall be entitled to impose a three percent annual increase of the fees. A copy of the check, or of a receipt issued by the Sheriff, showing payment for an application or duplicate card shall operate as a receipt for said fees and shall allow the applicant to perform pending receipt of the official Work Identification Card. Fees are non-refundable.

(f)

Issuance of Work Identification Card. The Sheriff is responsible for verifying all information contained on a Work Identification Card application. The Sheriff shall approve or deny an application within 14 days of receipt of a completed application and payment of the applicable fee. If the Sheriff fails to approve or deny an application within the 14-day time limit, the application shall be deemed granted and the applicant can continue to rely on his or her receipt or check copy as a substitute for the Work Identification Card to legally perform or can request the Sheriff to issue an official card. An issued Work Identification Card shall include the performer's name, photograph, date of birth, height, weight, natural eye and hair color, and a unique card number. Should the Sheriff determine that the proof submitted with the application for the Work Identification Card as required hereinabove is not satisfactory or full payment of the application fee is not received, the Sheriff shall deny issuance of said Work Identification Card and shall provide written notification to the applicant stating the reason(s) for any such denial.

(g)

Retention of Performer Roster and Work Identification Card. All persons required pursuant to this Code to obtain a Work Identification Card shall keep same on their person or with their personal belongings at all times while performing at an adult entertainment establishment. The adult entertainment establishment shall compile and retain a complete performer roster that includes all performers performing at the establishment for a period of 30 days from each performer's most recent performance date. The performer roster shall be organized by date and performer, including the performer's first and last name and stage name. The adult entertainment establishment shall also maintain a Work Identification Card file, organized alphabetically by performer's last name, with legible photocopies of the Work Identification Card of each performer performing at said establishment for a period of two years from each performer's most recent performance date. Other than performers performing during the Grace Period established in this Section, no performer shall perform until the performer roster is updated to include the performer information, and the legible photocopy of the Work Identification Card is placed on file as required herein. The performer roster and the Work Identification Card file shall be made available to the Sheriff for inspection and/or copying upon request, which shall only be made during normal business hours when the establishment is open to the public.

(h)

Appeal. In the event that an applicant for a Work Identification Card is denied, said applicant may request emergency injunctive relief from the Circuit Court of the Fourth Judicial Circuit of the State of Florida. Due to the overriding public interest in not having persons with criminal convictions identified in paragraph (l) perform in adult entertainment establishments, no provisional Work Identification Cards shall be issued by the Sheriff.

(i)

Transfer of Work Identification Card prohibited. A Work Identification Card shall not be transferred from one person to another; however, the person to whom the Work Identification Card was issued may utilize same in any licensed adult entertainment establishments identified in the Work Identification Card application.

(j)

Alteration of Work Identification Card prohibited. It shall be unlawful for any person to alter or otherwise change the contents of a Work Identification Card without the written permission of the Sheriff.

(k)

Requirement of Managers, License Holders, Owners and Operators to Verify Work Identification Cards of Performers. No person managing, owning or operating or holding a license to operate an adult entertainment establishment shall permit, employ, or otherwise allow any person to perform at said establishment unless such person has a valid, current, Work Identification Card issued in accordance herewith, unless such performer is performing within the Grace Period established in this Section. Each owner and operator of the establishment shall have a separate and independent duty to verify that all performers are in compliance with this Section. Each manager of the establishment shall have a separate and independent duty to verify that all performers are in compliance with this Section during all times the manager is working at the establishment. Separate violations may be issued to the managers, owners and operators of the establishment for each performer, and for each day that a performer does not have the required Work Identification Card. It shall be prima facie evidence of a violation of this Chapter if the establishment does not have a legible photocopy of a current Work Identification Card on file for each performer as of the date of each performance, except during the Grace Period.

(l)

Violations that are subject to criminal prosecution; suspension. For any performer convicted of the following violations either while performing at or while present in any adult entertainment establishment, the performer's Work Identification Card shall be suspended as follows:

i.

Five years for prostitution;

ii.

Three years for forcible felonies;

iii.

Three years for narcotic sales or drug trafficking;

iv.

One year for lewd/obscene acts; and

v.

One year for possession of narcotics or narcotics paraphernalia.

The suspensions authorized herein shall not be ordered as part of any criminal penalties assessed in any criminal proceeding. It is the Council's intent that the remedies established herein are civil in nature and are not intended to be a criminal penalty in contravention of those established in the Florida Statutes. The Sheriff is authorized to petition the court for immediate suspension of any Worker Identification Card as authorized herein.

(m)

Violation Subject to Civil Prosecution. Any owners, managers or operators of an adult entertainment establishment who violates the provisions of this Section may be prosecuted by the Sheriff or the City. Upon adjudication of such civil violation, the prosecuting officials shall notify the Sheriff of such adjudication within five business days. Violations shall be assessed a fine of $200, with each day upon which a violation occurs constituting a separate civil offense.

(n)

Violations Subject to Legal Remedies. The violation of any provision of this Section may be prosecuted pursuant to the civil procedures and penalties of Chapter 609, Ordinance Code, or through the issuance of notices to appear, at the discretion of the Sheriff or the City. Additionally, the City shall be authorized to take any appropriate legal action, including, but not limited to, seeking cease and desist orders, and requesting temporary or permanent injunctive relief. It is the intent and purpose of this Section to provide additional and cumulative remedies.

(Ord. 2020-74-E, § 4; Ord. 2022-172-E, § 2; Ord. 2023-161-E, § 1; Ord. 2023-497-E, § 1)

Editor's note— Ord. 2020-74-E, § 4, amended the Code by repealing former § 150.224, which pertained to performer records, and derived from Ord. 2006-1127-E, § 2, and added a new § 150.224.

PART 3. - PHYSICAL REQUIREMENTS

Sec. 150.301. - General requirements.

In addition to the special requirements contained in this Part, unless otherwise exempted, each adult bookstore, adult motion picture theater and adult entertainment establishment, shall meet each of the requirements of this Section.

(a)

The premises shall conform to the requirements of the Building Code, except to the extent that a requirement in the Building Code conflicts with a special requirement contained in this Part and then only to the extent of the conflict.

(b)

The premises shall conform to the requirements of the Fire Protection Code, except to the extent that a requirement in the Fire Protection Code conflicts with a special requirement contained in this Part and then only to the extent of the conflict.

(c)

In erecting, installing, maintaining, altering or operating any sign permitted by Chapter 656, the premises shall conform to the requirements of Chapters 326 and 656.

(d)

The premises shall have each and every glass area that faces a public thoroughfare or through which casual passersby can see the material or activity inside the premises, covered over by black paint or other opaque covering; provided, that this requirement shall not apply if the uncovered glass area exposes to public view only a lobby or anteroom containing no adult material or adult entertainment.

(e)

The premises shall conform to the requirements of F.S. Ch. 381 and the rules and regulations of the State Department of Health made pursuant thereto, and for this purpose shall be deemed to be a place serving the public for the purpose of sanitary facilities; provided, that when more than one license is issued for a single location, they shall collectively be considered as one premises for the purposes of sanitary facilities if customers may circulate freely throughout the entire area of the premises.

(f)

In all cases wherein the occupant capacity, as determined by the Chief, Fire Prevention, is at least 50 persons, exclusive of attendants and assistants, the premises shall have electric, battery-operated, emergency lights using reliable-type storage batteries provided with suitable maintenance in properly charged condition; provided, that dry batteries shall not be used; and further provided, that electric storage batteries shall be approved by the Chief, Fire Prevention for their intended use and shall comply with the National Electrical Code (NFPA-70); and further provided, that the provisions of this subsection shall not apply to adult motion picture theaters which are open-air theaters designed to permit viewing by patrons seated in automobiles.

(g)

All premises shall have an entrance room or lobby, i.e., the room which is entered from the outside, and sanitary facilities as set forth in subsection (e) of this Section. The entrance room or lobby may be as large or as small as the licensee chooses.

(h)

All other rooms in premises must either:

(1)

Be not less than 1,000 square feet in area; or

(2)

Be clearly marked in letters not less than two inches in height "No Customers or Patrons Allowed."

(i)

Except for sanitary facilities, no doorway or entranceway within any premises shall be locked at anytime a customer is anywhere within the premises or at anytime the premises are open to the public unless customers or patrons are prohibited at all times from going into the rooms or areas behind such doorways or entranceways and provided such doors are marked as set forth in paragraph (h)(2) of this Section.

(j)

At least one doorway into or out of the premises shall be unlocked at anytime a customer is anywhere within premises or at anytime the premises are open to the public.

(k)

Except for an adult motion picture theater, all rooms open to the public in the premises shall be lighted such that the light intensity at every point 30 inches above the floor is not less than one-half footcandle.

(l)

The Sheriff shall have access to all rooms at all times any premises are open to the public. Premises are irrebuttably presumed to be open at any time a customer is on the premises. This access shall be for inspection purposes only.

(m)

No room other than a sanitary facility or room marked as set forth in subsection (h)(2) of this Section shall have any dividers or partitions or any other thing in excess of three feet in height which blocks the view of any portion of the room.

(n)

Private rooms are prohibited within the premises.

(o)

Enclosed adult motion picture booths are prohibited within the premises.

(p)

Adult entertainment booths are prohibited within the premises.

(q)

Nude entertainment booths are prohibited within the premises.

(r)

No room within the premises shall have its doorway or threshold blocked or obscured by doors, curtains, drapes or any other obstruction unless the room is (1) a sanitary facility, (2) the room is an adult motion picture theater in which movies are shown on a screen, or (3) a room marked as set forth in paragraph (h)(2), hereinabove.

(Ord. 77-257-256, § 1; Ord. 78-640-429, § 5; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 9; Ord. 2005-743-E, § 1)

Note— Former § 410.301.

Sec. 150.302. - Adult bookstore.

In addition to the general requirements contained in Section 150.301, an adult bookstore shall observe the following special requirements:

All materials, devices and novelties shall be so displayed that they cannot be seen by anyone other than customers who have entered the licensed premises.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.302.

Sec. 150.303. - Nude massage parlor.

In the event Section 150.507 is declared unconstitutional, invalid or unenforceable, a nude massage parlor shall observe the following special requirements:

(a)

A record shall be maintained of each massage, with the name and address of the patron receiving the massage and this record shall be open to inspectors and to law enforcement officers at all times when the premises are open for business.

(b)

Dressing rooms shall be proportioned to the maximum number of persons who are expected to be in them at one time, excluding attendants and assistants, and separate dressing rooms shall be provided for men and women. Floors shall be of a smooth, impervious material with a nonslip surface and they shall slope to drains and be covered at the wall junction for thorough cleaning. Partition walls shall terminate at least six inches above the floor or be placed on continuous raised masonry or concrete bases at least four inches high.

(c)

One shower shall be provided for each 40 men or women or fraction thereof based upon the maximum number of persons who are expected to be using shower facilities at one time, and separate shower facilities shall be provided for men and women. Floors and partition walls shall be constructed as required in subsection (b) of this Section for dressing rooms and duckboards or wooden gratings may be used on shower floors if duplicate sets are provided and rotated in use.

(d)

One locker shall be provided for each patron who is expected to be on the premises at one time, which shall be of sufficient size to hold clothing and other articles of wearing apparel. Each locker shall be capable of being locked by the patron, with no one else having the key so long as the patron is using the locker, or the locker shall be under the constant attention and supervision of an attendant.

(e)

Massages of a person of one sex by a person of another sex are prohibited and no person shall massage the genitals of another person.

(f)

The provisions of Section 150.301(h) do not apply to nude massage parlors.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 10)

Note— Former § 410.303.

Sec. 150.304. - Adult motion picture theater.

In addition to the general requirements contained in Section 150.301, an adult motion picture theater shall observe the following special requirements:

(a)

Each room in which a motion picture is shown shall have sufficient chairs or couches or other seating furniture to accommodate the maximum number of persons expected to use the room. The maximum number of persons who may occupy a room shall be stated on or near the entranceway and only that number shall be permitted to be in a room at one time.

(b)

Each room in which a motion picture is shown shall be lighted, whenever film material is not being shown, such that the light intensity at every point 30 inches above the floor is not less than one-half footcandle, but may be in complete darkness when film material is being shown. Common corridors, passageways or areas shall be constantly lighted when in use such that the light intensity at every point 30 inches from the floor is not less than 0.05 of a footcandle.

(c)

An adult motion picture theater shall be considered a place of assembly within the meaning of the Building Code and shall conform to the requirements therefor.

(d)

An adult motion picture theater designed to permit viewing by patrons seated in automobiles shall have the motion picture screen so situated, or the perimeter of the licensed premises so screened, that the projected film material may not be seen from any public right-of-way or residential property.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 11)

Note— Former § 410.304.

Sec. 150.305. - Adult entertainment establishment.

In addition to the general requirements contained in Section 150.301, nothing in this Chapter pertaining to adult entertainment establishments shall be construed to permit or authorize acts or activities therein that are prohibited by State law.

(Ord. 77-257-256, § 1; Ord. 79-684-339, § 4; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.305.

Sec. 150.306. - Licensed hotels.

Hotels, motels and other temporary lodging facilities which are adult motion picture theaters but which do not engage in any other activity regulated by this Chapter shall not be required to comply with this Part if they comply with State requirements as to hotels, motels and other temporary lodging facilities.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 26)

Sec. 150.307. - Adult motion picture booths.

In addition to the general requirements contained in Section 150.301, any business which operates adult motion picture booths shall observe the following special requirements:

(a)

Adult motion picture booths shall not have any doors in place and doors shall remain off the booths at all times;

(b)

The entrance to the adult motion picture booths shall not be obstructed or obscured with any curtains, beads, or other opaque material;

(c)

No more than one person shall be permitted in any adult motion picture booth;

(d)

A sign must be posted outside each individual adult motion picture booth that includes the following information;

(1)

Occupancy is limited to one person at a time;

(2)

Lewd conduct and sexual activities are prohibited;

(3)

These requirements are strictly enforced by the Jacksonville Sheriff 's Office;

(e)

Adult motion picture booths shall be of solid construction without any holes or openings except for the entranceway. The materials used as partition walls shall be of sufficient strength to discourage patrons creating holes in the booths.

(f)

The contiguous wall of any adjacent adult motion picture booth shall be covered over or made opaque.

(g)

The entrance to each of the adult motion picture booths shall lie along a continuous main aisle so that the interior of the booth is open to inspection;

(h)

All motion picture booths shall be lighted with standard fluorescent or incandescent lights.

(i)

Each adult motion picture booth shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily with a disinfectant solution and more frequently when necessary. This activity shall be supervised by the person in charge of the regulated premises. There shall be provided adequate facilities, equipment and supplies on the regulated premises to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete cleaning of all adult motion picture booths.

(j)

Video surveillance cameras of adult motion picture booths shall be maintained so that all booths are visible and tape recordings shall be maintained for 30 days.

(Ord. 2005-743-E, § 1)

PART 4. - ENFORCEMENT

Sec. 150.401. - Operation of unlicensed premises unlawful.

Unless allowed by this Chapter, it shall be unlawful for any person to operate an adult bookstore, adult motion picture theater, adult entertainment establishment, or escort service unless the business shall have a currently valid license under this Chapter, which license shall not be under suspension or revocation.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 12)

Note— Former § 410.401.

Sec. 150.402. - Admission of minors unlawful.

It shall be unlawful for any person to admit or to permit the admission of persons under the age of 18 within a licensed premises or upon any premises where there is any activity or property which requires a license under this Chapter.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.402.

Sec. 150.403. - Sale to minors unlawful.

It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any person under the age of 18 any service, material, device or thing sold or offered for sale by an adult bookstore, adult motion picture theater, or adult entertainment establishment.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.403.

Sec. 150.404. - Reserved.

Editor's note— Ord. 94-190-651, § 1, deleted former § 150.404, relative to employees in licensed premises, which derived from Ord. 77-257-256, § 1; Ord. 78-640-429, § 6; Ord. 79-684-339, § 5; Ord. 80-195-174, § 2; Ord. 83-591-400, § 1.

Sec. 150.405. - Cleaning of regulated premises.

Each regulated premises shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily and more frequently when necessary. This activity shall be supervised by the person in charge of the regulated premises. There shall be provided adequate facilities, equipment and supplies on the regulated premises to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete cleaning of the entire regulated premises. Trash and garbage shall not be permitted to accumulate or to become a nuisance on or in the immediate vicinity of the regulated premises, but shall be disposed of daily or as often as collections permit.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 13)

Note— Former § 410.405.

Sec. 150.406. - Self-inspection of regulated premises.

The operator of a regulated premises, or his designated representative, shall make sanitary inspections of the regulated premises at least once a month and shall record his findings on a form supplied by the Public Health Unit. Each regulated premises shall post and maintain in a readily accessible place a schedule for maintaining the sanitation of the premises.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 14)

Note— Former § 410.406.

Sec. 150.407. - Reserved.

Editor's note— Section 15 of Ord. 95-307-109, repealed former § 150.407, relative to sealing for unsanitary or unsafe conditions. The provisions of former § 150.407 derived from Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; and Ord. 94-190-651, § 1.

Sec. 150.408. - Abatement as sanitary nuisance.

A regulated premises or a part thereof may be abated as a sanitary nuisance pursuant to Section 460.106.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 16)

Note— Former § 410.408.

Sec. 150.409. - Interference with inspectors.

No person shall interfere with or obstruct inspectors in the performance of their official duties.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.409.

Sec. 150.410. - Tampering with notices, etc.

No person shall mutilate, obstruct, tear down, remove or otherwise tamper with an official notice, seal or poster unless authorized to do so by the Sheriff by this Chapter.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.410.

Sec. 150.411. - False statements prohibited.

No person shall knowingly make, induce or cause to be made by another a false, untrue or misleading statement or a signature of another on a certificate, application, registration, report or other document required to be prepared pursuant to this Chapter. No person shall knowingly make a false, untrue or misleading oral statement to the Sheriff as to any matter investigated by the Sheriff.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.411.

Sec. 150.412. - Unlawful reproduction or alteration of documents.

No person shall reproduce or alter, or cause to be reproduced or altered, a license, report, certificate or other document issued by the Sheriff if the purpose of the reproduction or alteration is the evasion or violation of a provision of this Chapter or any other law.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.412.

Sec. 150.413. - Display of Public Awareness Signs.

The employer at each of the following establishments shall display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment:

(1)

A nude establishment or other adult entertainment establishment, as defined in this Chapter, or a dancing entertainment establishment, as defined in Chapter 151, Ordinance Code;

(2)

A business or establishment that offers massage or bodywork services for compensation that is not owned by a health care practitioner regulated pursuant to F.S. Ch. 456, as defined in F.S. § 456.001.

The employer at each of the following establishments shall display public awareness signs in a conspicuous location that is clearly visible to the employees of the establishment:

(1)

A public lodging establishment as defined by F.S. Section 509.013.

The required public awareness sign must be at least 8.5 inches by 11 inches in size, must be printed in at least a 16-point type, and must state substantially the following in English and Spanish or English and such other language as determined by industry demographic:

"If you or someone you know is being forced to engage in an activity and cannot leave—whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity—call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law. This notice is posted pursuant to Section 787.29, Florida Statutes, and Section 150.413, Jacksonville Ordinance Code."

It is unlawful to violate any provisions of this Section and any violation hereof shall be deemed a noncriminal violation, punishable by a fine only as provided in F.S. § 775.083. A violation of this Section shall be a Class F offense pursuant to Section 609.109, Ordinance Code. A warning citation shall be issued prior to a paying citation; provided that only one warning citation shall be issued within a 12-month period. The warning citation shall allow the affected business ten days to come into compliance with this Section before a subsequent paying citation is issued for noncompliance. After issuing a citation to an alleged violator, JSO shall deposit the original and one copy of the citation with the County Court. An alleged violator shall elect one of the following within 30 days of the date of receipt of the citation: 1) to pay the civil penalty to the Tax Collector or to the Clerk of the Court (as specified in the citation), or 2) to obtain a court date from the office of the Clerk of the County Court. If the alleged violator fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the alleged violator for an amount up to the maximum civil penalty plus statutory interest and court costs.

(Ord. 2016-130-E, § 1; Ord. 2017-450-E, § 1)

Secs. 150.414—150.417. - Reserved.

Sec. 150.418. - Employment of persons under the age of 18 prohibited.

It shall be unlawful for any owner, proprietor, manager or other person in charge of any regulated premises to employ any person who is not at least 18 years of age.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 17)

Sec. 150.419. - Age of customer.

It shall be unlawful for any owner, proprietor, manager or other person in charge of any regulated premises to allow any person under the age of 18 years to patronize or be upon a regulated premises.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 18)

Sec. 150.420. - Restrictions on nude entertainment; escorts.

(a)

It shall be unlawful for any person while engaged in nude entertainment, to encourage, suffer or permit a customer to expose or display his or her (the customer's) specified anatomical areas.

(b)

It shall be unlawful for any person while engaged in nude entertainment, to suggest or imply that a customer should or is permitted to expose or display his or her (the customer's) specified anatomical areas.

(c)

It shall be unlawful for any person to engage in nude entertainment at anytime a customer has exposed or display his or her (the customer's) specified anatomical areas.

(d)

It shall be unlawful for any person to engage in nude entertainment within a private room in a commercial establishment.

(e)

It shall be unlawful for an escort to encourage, suffer or permit a customer to expose or display his or her (the customer's) specified anatomical areas.

(f)

It shall be unlawful for an escort to suggest or imply that a customer should or is permitted to expose or display his or her (the customer's) specified anatomical areas.

(g)

It shall be unlawful for an escort to expose or display his or her (the escort's) specified anatomical areas at anytime the escort is in the presence of a customer.

(h)

It shall be unlawful for an escort to expose or display his or her (the escort's) specified anatomical areas except within a licensed adult entertainment establishment.

(i)

It shall be unlawful for an employee at an adult entertainment establishment to straddle any customer or patron.

(j)

It shall be unlawful for any escort to straddle a customer.

(k)

It shall be unlawful for any employee at an adult entertainment establishment to offer or agree to straddle a customer or patron.

(l)

It shall be unlawful for any escort to offer or agree to straddle a customer.

(m)

It shall be unlawful for any employee of an adult entertainment establishment to intentionally touch the clothed or unclothed body of any customer or patron at the sexually-oriented entertainment establishment, at any point below the waist and above the knee of the customer or patron.

(n)

It shall be unlawful for any employee of an adult entertainment establishment to suffer or permit a customer or patron to touch the clothed or unclothed body of such employee at any point below the waist and above the knee of the employee.

(o)

It shall be unlawful for any escort to intentionally touch the clothed or unclothed body of any customer at any point below the waist and above the knee of the customer.

(p)

It shall be unlawful for any escort to suffer or permit a customer to touch the clothed or unclothed body of the escort at any point below the waist and above the knee of the escort.

(q)

It shall be unlawful for any employee of an adult entertainment establishment to touch the clothed or unclothed breast of any customer or patron.

(r)

It shall be unlawful for any escort to touch the clothed or unclothed breast of any customer or patron.

(s)

It shall be unlawful for any escort to suffer or permit a customer or patron to touch the clothed or unclothed breast of the escort.

(t)

It shall be unlawful for any person to engage in nude entertainment within three feet of any customer or patron.

(Ord. 94-190-651, § 1)

Sec. 150.421. - Fees and charges.

(a)

All fees and charges paid by a customer or patron of an escort or escort service shall be paid to the escort before the service begins.

(b)

No escort shall accept any tip or other compensation from a customer or patron unless that amount is the amount the customer is told will be charged before the service begins.

(c)

No person engaged in nude entertainment shall accept any tip, compensation or other consideration directly from a customer. Any tip, compensation or other consideration shall be paid at the entrance or other central location.

(d)

All admissions fees at adult entertainment establishments shall be paid at the entrance before admission to the establishment.

(Ord. 94-190-651, § 1)

Sec. 150.422. - Hours of operation.

(a)

Adult entertainment facilities, adult bookstores and adult movie theaters shall not be open between the hours of 2:00 a.m. and noon.

(b)

Escorts shall not begin any service or contract between the hours of 9:00 p.m. and 9:00 a.m. the following day.

(Ord. 94-190-651, § 1; Ord. 2008-259-E, § 2)

Sec. 150.423. - Reserved.

Editor's note— Ord. 2020-74-E, § 7, amended the Code by repealing former § 150.423, which pertained to performer dancer requirements, and derived from Ord. 2006-1127-E, § 3.

PART 5. - VIOLATIONS AND CIVIL PENALTIES

Sec. 150.501. - Violations.

(a)

Any person who:

(1)

Operates or procures or acquiesces in the operation of an unlicensed premises contrary to Section 150.401;

(2)

Admits or procures or acquiesces in the admission of a person under 18 years of age within a regulated premises;

(3)

Sells, barters or gives or offers to sell, barter or give, or procures or acquiesces in a sale, barter or gift or in an offer to sell, barter or give, to a person under 18 years of age a service, device or thing sold or offered for sale by an adult bookstore, adult motion picture theater, adult massage parlor or adult entertainment establishment;

(4)

Maintains or procures or acquiesces in the maintaining of a regulated premises in an unsanitary or unsafe condition contrary to the provisions of this Chapter;

(5)

Having a duty to conduct the self-inspection required by Section 150.406, fails or refuses or procures or acquiesces in a failure or refusal to conduct the self-inspection;

(6)

Interferes with or procures or acquiesces in an interference with an inspector contrary to Section 150.409;

(7)

Violates a provision of Section 150.410, Section 150.411 or Section 150.412;

(8)

Maintains or procures or acquiesces in the maintenance of a nuisance on a regulated premises;

(9)

Allows any performer to perform at an adult entertainment establishment without issuing a dance performance permit;

(10)

Fails to maintain a complete performer record for each performer;

(11)

Allows any performer to dance and accept any consideration, tip, remuneration or compensation from or on behalf of a customer at an adult entertainment establishment who has been convicted of a violation of F.S. Ch. 796, within the previous five years;

(12)

Violates any other requirement or provision of Parts 1 through 5 of this Chapter.

Shall be guilty of an offense.

(b)

It shall be unlawful and an offense for any person in a commercial establishment, while exposing or displaying his or her specified anatomical parts, to touch, or be touched by, a customer or patron.

(c)

Unless otherwise stated herein, the penalty for any violation of this Chapter shall be:

(1)

A fine in an amount not more than $500; and

(2)

Imprisonment of not more than 30 days.

(d)

For violations that are of a continuing nature, each day that the violation continues shall be a separate offense.

(e)

It shall be unlawful for any person to suffer or permit a customer to be in any room which is marked as required in Section 150.301(h)(2).

(Ord. 77-257-256, § 1; Ord. 79-684-339, § 6; Ord. 80-1126-575, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 19; Ord. 2003-755-E, § 5; Ord. 2005-743-E, § 1; Ord. 2006-1127-E, § 4)

Note— Former § 410.501.

Sec. 150.502. - Civil penalties.

In addition to or in lieu of the penalties that may be imposed under Section 150.501, the following civil penalties may be assessed:

(a)

A person who in violation of this Chapter, operates or attempts to operate an adult bookstore, adult motion picture theater, adult entertainment establishment, or escort service without having first obtained a license under this Chapter may be assessed a civil penalty of up to $300.

(b)

An applicant for a license under this Chapter and an officer, director, partner, agent or attorney of an applicant who knowingly make a false statement or provides false information on any document or paper accompanying and forming a part of the application shall be assessed a civil penalty of up to $200 for each false statement or false item of information.

(c)

A licensee who fails or refuses to renew his license within the period granted by Section 150.210(b) may be assessed a civil penalty of up to $50 for each day beyond the period that the refusal or failure continues, but not to exceed $1,000 for each refusal or failure.

(d)

A licensee, and any agent, officer, servant or employee of a licensee, who maintains a nuisance on the licensed premises or permits the licensed premises to be unsanitary or unsafe, may be assessed a civil penalty of up to $100 for each day that the nuisance or unsafe or unsanitary condition continues.

(e)

A licensee who moves his regulated premises without approval by the Sheriff or who changes the name of his business without notifying the Sheriff, contrary to Section 150.213, may be assessed a civil penalty of up to $300.

(f)

A licensee who does not keep the records and make the reports required by any of the agencies mentioned therein, contrary to Section 150.216, may be assessed a civil penalty of up to $50 for each violation.

(g)

A licensee and any agent, officer, servant or employee of a licensee who fails to correct violations of the general and applicable special requirements for the regulated premises, as specified in Part 3, may be assessed a civil penalty of up to $200 for each violation observed and not corrected within the period prescribed by the Sheriff, the Public Health Division, the Building and Zoning Inspection Division or the Fire Marshal, as the case may be.

(h)

A performer who performs at an adult entertainment establishment without a dance performance permit issued by that adult entertainment establishment may be assessed a civil penalty of up to $200.

(i)

A manager on duty or person owning, maintaining, operating or leasing an adult entertainment establishment that allows any performer to perform at an adult entertainment establishment without issuing a dance performance permit to the performer, pursuant to Section 150.224, may be assessed a penalty of up to $200.

(j)

A manager on duty or person owning, maintaining, operating or leasing an adult entertainment establishment that allows any performer to perform at an adult entertainment establishment who has been convicted of a violation of F.S. Ch. 796, within the previous five years, may be assessed a penalty of up to $200.

(k)

A manager on duty or person owning, maintaining, operating or leasing an adult entertainment establishment that fails to maintain a complete performer record for each performer, pursuant to Section 151.224, may be assessed a penalty of up to $200 for each incomplete performer record.

(l)

The total penalties imposed pursuant to Sections 150.501 and 150.502 shall not exceed $500 per violation.

(Ord. 77-257-256, § 1; Ord. 79-684-339, § 7; Ord. 80-1126-575, § 2; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 20; Ord. 2005-743-E, § 1; Ord. 2006-1127-E, § 4)

Note— Former § 410.502.

Sec. 150.503. - Assessment and recovery of civil penalty.

Civil penalties may be recovered in a civil action in the name of the City.

(Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Note— Former § 410.503.

Sec. 150.504. - Injunctive relief.

The General Counsel may seek, in a court of competent jurisdiction, an injunction to prohibit any violation of, or to require compliance with, any requirement or provision of this Chapter.

(Ord. 94-190-651, § 1)

Sec. 150.505. - Unlawful advertising.

(a)

It shall be unlawful for any person to advertise, imply, state, or suggest that such person intends to or will engage in any activity or business prohibited by this Chapter.

(b)

It shall be unlawful for any person licensed to be an escort service or for any person who is required to be licensed as an escort service to advertise, imply, state or suggest that such person will provide or offer to provide an escort who will expose his or her specified anatomical areas except at a licensed adult entertainment facility.

(c)

It shall be unlawful for an escort to advertise, imply, state or suggest that such escort will expose, or offer to expose, his or her specified anatomical areas except at a licensed adult entertainment facility.

(Ord. 94-190-651, § 1; Ord. 2008-259-E, § 3)

Sec. 150.506. - Reserved.

Sec. 150.507. - Massage services.

(a)

It shall be unlawful for any person to operate a nude massage parlor.

(b)

It shall be unlawful for someone offering a massage for compensation to expose his or her specified anatomical parts to a customer.

(c)

It shall be unlawful for any person to engage in or offer to engage in the massage of the genitals, buttocks or breast of another person for compensation unless the person giving the massage is licensed by the State pursuant to F.S. Tit. XXXII and the massage is related to the profession for which the person giving the massage is licensed.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 21; Ord. 2008-259-E, § 3)

Sec. 150.508. - Adult entertainment booths.

(a)

Adult entertainment booths are prohibited.

(b)

In the event the provisions of subsection (a) of this Section above are declared invalid or unenforceable, any premises which contains or operates an adult entertainment booth shall be considered to be adult entertainment establishment and such premises shall meet all requirements of this Chapter for adult entertainment establishments.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 22)

Sec. 150.509. - Manager on duty.

(a)

All regulated premises shall have at all times a manager on duty on the premises.

(b)

The manager shall be the individual responsible for all acts of all employees on the premises and shall be responsible for the acts of all escorts off the premise if those acts are within the scope of the authority of the escort or employee.

(c)

Any manager convicted of violating this Chapter due to responsibility imposed pursuant to this Section shall be upon conviction punished as follows:

(1)

For the first five offenses, by a fine of not less than $150 nor more than $500, or by imprisonment up to ten days in jail;

(2)

For the sixth and subsequent offenses, by a fine of not less than $250 nor more than $500 and by imprisonment or not less than ten nor more than 90 days.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 23)

Sec. 150.510. - Owner responsibility.

(a)

As used in this Part, owner shall mean and include the owner, and co-owner, partner, managing partner or chief executive officer.

(b)

All acts of any servant, agent or employee, paid or unpaid, of an owner shall be imputed to the owner and be deemed to be an act of the owner if done within the scope of such servant, agent or employee's scope of authority under the owner.

(c)

Any owner convicted of violating this Chapter due to responsibility imposed pursuant to this Section shall be upon conviction punished as follows:

(1)

For the first five offenses, by a fine of not more than $500;

(2)

For the sixth and subsequent offenses, by a fine of not more than $500.

(Ord. 94-190-651, § 1; Ord. 2003-755-E, § 6)

Sec. 150.511. - Customer liability.

(a)

It shall be unlawful for any customer or patron of an escort to suffer or permit the escort to violate any provision of this Chapter.

(b)

It shall be unlawful for any person to encourage or solicit any person to violate a provision of this Chapter.

(Ord. 94-190-651, § 1)

Sec. 150.512. - Law enforcement exemption.

The requirements of this Chapter shall not apply to any law enforcement officer engaged in bona fide law enforcement activity.

(Ord. 94-190-651, § 1)

Sec. 150.513. - Area of enforcement.

The Council is acting herein as the governing body for Duval County, Florida, and this Chapter shall be effective within the boundaries of Duval County, Florida, except where in conflict with an ordinance of a government created or recognized in the Charter of the City.

(Ord. 94-190-651, § 1)

PART 6. - PROHIBITED ACTIVITIES

Sec. 150.601. - Legislative authorization.

This Part is enacted in the interest of the public health, peace, safety, morals and general welfare of the citizens and inhabitants of Duval County, Florida, pursuant to Fla. Const. Article VIII, § 1(f) and F.S. § 125.01(1)(o) and (w), and under the authority of the County to regulate the sale and consumption of alcoholic beverages, pursuant to the Twenty-First Amendment to the Constitution of the United States.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1)

Sec. 150.602. - Area of enforcement.

The Council is acting herein as the governing body for Duval County, Florida, and this Part shall be effective within the boundaries of Duval County, Florida, except where in conflict with an ordinance of a government created or recognized in the Charter of the City.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1)

Sec. 150.603. - Findings of fact.

The Council finds that:

(a)

There is presently in Duval County an increasing trend toward nude and seminude acts, exhibitions and entertainment, and toward the utilization of nude and seminude employees engaged in other service-oriented aspects of and by the commercial establishments subject hereto.

(b)

The competitive commercial exploitation of such nudity and seminudity is adverse to the public's interest in the quality of life, tone of commerce and total community environment in Duval County.

(c)

The commercial exploitation of nudity and seminudity consists of the use of nude and seminude entertainment in connection with or for the promotion of the sale of goods or services, and the receipt of money by the person engaging in nude or seminude entertainment in exchange for or as consideration for a nude or seminude performance by such individual.

(d)

The commercial exploitation of nude and seminude acts, exhibitions and entertainment frequently occurs in commercial establishments either selling or allowing consumption of alcoholic beverages on the premises.

(e)

There is a direct relationship between the consumption of alcoholic beverages and the nude and seminude activities mentioned above, prohibited hereunder, and more fully described hereinafter and an increase in criminal activities, moral degradation, and disturbances of the peace and good order of the community, and the concurrency of these activities is hazardous to the health and safety of those persons in attendance, and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole.

(f)

The combination of the sale or consumption of alcoholic beverages with the performance of nude and seminude acts, exhibitions and entertainment is adverse to the public's interest in the quality of life, tone of commerce and total community environment in Duval County.

(g)

In order to preserve the public peace and good order, and to safeguard the health, safety, morals and welfare of the community and citizens thereof, it is necessary and advisable to prohibit nude and seminude acts, exhibitions and entertainment in commercial establishments at which alcoholic beverages are, or are available to be sold or consumed.

(h)

In order to preserve the public peace and good order, and to safeguard the health, safety, morals and welfare of the community and citizens thereof, it is necessary and advisable to regulate and restrict the conduct of owners, operators, agents, employees, entertainers, performers, patrons, spectators and persons on the premises of the commercial establishments subject hereto.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1)

Sec. 150.604. - Intent of Part.

The intent of the Council acting as the governing body of Duval County, Florida, in adopting this Part is:

(a)

To prohibit nude and seminude entertainment, as defined, in commercial establishments at which alcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed;

(b)

To prohibit the commercial advertisement, promotion and exploitation of nude and seminude entertainment, as defined, in commercial establishments at which alcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed; and

(c)

To proscribe conduct and activities which encourage the competitive commercial exploitation of nude and seminude entertainment in commercial establishments at which alcoholic beverages, beer or wine is, or is available to be, sold, dispensed or consumed.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1)

Sec. 150.605. - Definitions.

Except for subsection (e) of this Section, the following definitions shall apply in this Chapter; the definition in subsection (e) of this Section shall apply to this Part:

(a)

Advertisement means a display, notice or other information designed to attract public attention, including but not limited to, handbills, signs, billboards, soundtracks, placards, signboards and written notices.

(b)

Alcoholic beverage means all beverages containing more than one percent of alcohol by weight, including beer and wine.

(c)

Commercial means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For purposes of this Part, operating for pecuniary gain shall not depend on actual profit or loss.

(d)

Establishment means a physical plant or location, or the commercial activities or operations being conducted, or both together, as the context of this Part may require.

(e)

Nude or seminude entertainment consists of the following:

(1)

The actual or simulated displaying of the genitals, vulva, pubic area, anus or anal cleft or cleavage.

(2)

The actual or simulated displaying by a female of the area of the human breast at or below the areola.

(f)

Premises means a physical plant or location, which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof or with a single shared entrance, if not covered by a single roof, and shall include any structure, structures or land, or contiguous structures or land, within 300 feet of the physical plant or location where such structures or land and the physical plant or location are under common ownership, control or possession.

(g)

Simulated display means the use of any covering, tape, pasty, latex spray or paint, or other device which simulates or otherwise gives the appearance of the display or exposure of any of the anatomical areas listed in the definition contained in subsection (e) of this Section.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1; Ord. 2003-755-E, § 6; Ord. 2006-1127-E, § 5)

Sec. 150.606. - Prohibition.

(a)

It shall be unlawful for any person to engage in nude or seminude entertainment in any commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises.

(b)

It shall be unlawful for any female person, while on the premises of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof or to employ any device or covering which is intended to give the appearance of or simulate such areas of the female breast as described herein.

(c)

It shall be unlawful for any person, while on the premises of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to expose to public view his or her genitals, pubic area, anus or anal cleft or cleavage or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus or anal cleft or cleavage.

(d)

It shall be unlawful for any person owning, maintaining, operating or leasing any commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises to suffer or permit any person on the premises to engage in nude or seminude entertainment.

(e)

It shall be unlawful for any entertainer, performer or employee, while on the premises of a commercial establishment regulated under this Part, to dance in such a manner as to simulate sexual activity with any patron, spectator, employee or other person not employed therein.

(f)

It shall be unlawful for any entertainer, performer or employee, while on the premises of a commercial establishment regulated under this Part, to sit upon or straddle the leg, legs, lap or body of any patron, spectator or other person therein, or to engage in or simulate sexual activity while touching or being touched by such patron, spectator or other person.

(g)

It shall be unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this Part to suffer or permit any violation of subsections (a) through (f) of this Section.

(h)

A violation of subsection (g) shall occur if the person subject to that subsection is observed witnessing the violation or is in such proximity to the violation that it may be assumed that the person must have seen the violation of subsections (a) through (f) or intentionally ignored the violation.

(i)

It shall be unlawful for any person, while on the premises of a commercial establishment regulated under this Part, to use or be present in areas partitioned or screened from public view that are designed to be occupied together or alone by any person or persons on the premises of such establishment for sexual contact or nude or seminude entertainment.

(j)

It shall be unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this Part to suffer or permit the construction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied together or alone by any person or persons on the premises of such establishment for sexual contact or nude or seminude entertainment.

(k)

It shall be unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this Part to suffer or permit any outside advertisement which encourages, solicits, induces or promotes conduct or activities proscribed by this Part in such establishment.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1; Ord. 2003-755-E, § 7; Ord. 2005-743-E, § 3; Ord. 2006-1127-E, § 5)

Sec. 150.607. - Reserved.

Editor's note— The provisions of former § 150.607, relative to presumptions, were deleted as part of the Super Supplement to the Code. Former § 150.607 derived from Ord. 87-270-186, § 1; Ord. 94-190-651, § 1.

Sec. 150.608. - Reserved.

Editor's note— The provisions of former § 150.608, relative to proof, were deleted as part of the Super Supplement to the Code. Former § 150.608 derived from Ord. 87-270-186, § 1; Ord. 94-190-651, § 1.

Sec. 150.609. - Penalties.

(a)

Any person who violates any Section of this Part shall be guilty of an offense punishable as set forth herein.

(b)

The penalty for violation of this Part shall be:

(1)

A fine of not more than $500 and

(2)

Imprisonment of not less than two days nor more than 30 days.

(Ord. 87-270-186, § 1; Ord. 94-190-651, § 1; Ord. 2003-755-E, § 8)

Sec. 150.610. - Reserved.

Editor's note— The provisions of former § 150.610, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 150.610 derived from Ord. 87-270-186, § 1; Ord. 94-190-651, § 1.

Sec. 150.611. - Exemption.

(a)

The provisions of this Part do not apply to any performance produced by an organization registered as a not-for-profit corporation pursuant to Section 501(c)(3) of the United States Internal Revenue Code.

(b)

Notwithstanding any ordinance or Ordinance Code provision to the contrary, in the event the exemption created in subsection (c) of this Section is held or declared invalid or unconstitutional, in whole or in part, or is held to cause any other provision or Section of this Chapter to be invalid or unconstitutional, in whole or in part, then the entire exemption is void and invalid and no person shall be entitled to such exemption.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 24; Ord. 2003-755-E, § 9)

TITLE VI - BUSINESSES, TRADES AND OCCUPATIONS Chapter 151 - DANCING ENTERTAINMENT ESTABLISHMENT CODE