Title 151 · Chapter 151 - DANCING ENTERTAINMENT ESTABLISHMENT CODE
Chapter 151 - DANCING ENTERTAINMENT ESTABLISHMENT CODE
Section: 151
Sec. 150.611. - Exemption. Chapter 154 - ALCOHOLIC BEVERAGES Chapter 151 - DANCING ENTERTAINMENT ESTABLISHMENT CODE
PART 1. - GENERAL PROVISIONS
Sec. 151.101. - Findings of fact.
(a)
Activities requiring an adult entertainment establishment license have occurred at dancing entertainment establishments in the City of Jacksonville.
(b)
Licensing of dancing entertainment establishments will allow for appropriate regulation of these establishments.
(c)
Several dancing entertainment establishments in the City of Jacksonville provide private areas, often referred to as "VIP rooms"; and
(d)
Offering and providing such private areas encourages activities which would require an adult entertainment establishment license and/or illegal activities such as prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior.
(Ord. 2005-743-E, § 2)
Sec. 151.102. - Title.
This Chapter shall be known as the Dancing Entertainment Establishment Code.
(Ord. 2005-743-E, § 2)
Sec. 151.103. - Definitions.
(a)
Dancing entertainment establishment means any establishment where during its hours of operation any worker wearing sexually provocative attire dances erotically and accepts any consideration, tip, remuneration or compensation from or on behalf of a customer. A dancing entertainment establishment shall not include any nightclub or restaurant where dancing entertainment establishment activities do not occur, theater, concert hall, art center, museum, or similar establishment that is primarily devoted to the arts or theatrical performances as defined in Section 150.103 (Definitions), Ordinance Code. A dancing entertainment establishment does not include any establishment defined or regulated in Chapter 150 (Adult Entertainment and Services Code), Ordinance Code.
(b)
Erotically means an exhibition, presentation or representation conducted in a sexually simulated manner arousing sexual desire and/or excitement.
(c)
Sexually provocative attire means clothing that exposes to public view any portion of the breasts below the top of the areola and/or any portion of the buttocks or genitals.
(d)
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.
(e)
Touch means to touch with a portion of the human body or with any object.
(f)
Employee means a person who works on a licensed premises, irrespective of whether the person is paid a salary or wage by the owner or manager of the regulated premises.
(g)
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, or of the Planning and Development Department, authorized and designated by the Director of Planning and Development 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.
(h)
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.
(i)
Sheriff means the Office of the Sheriff.
(j)
Specified criminal act means a violation of this Chapter or Chapter 150; 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; and includes a violation of any similar ordinance, law or regulation whether in Florida or in any other state.
(k)
Violation means a judicial action determining either a finding inconsistent with a determination of innocence, including but not limited to, a plea of guilty, a plea of no contest, withhold of adjudication or guilt or paying court costs or, for purposes of Section 151.208, a positive finding based upon clear and convincing evidence submitted at a license suspension or revocation hearing.
(l)
Performer means any person who dances and accepts any consideration, tip, remuneration or compensation from or on behalf of a customer at any commercial establishment that has or requires a dancing entertainment establishment license.
(m)
Dance performance permit means the performer work identification card established in Section 151.214.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2006-1127-E, § 6; Ord. 2007-1047-E, § 3; Ord. 2014-164-E, § 1; Ord. 2020-74-E, § 5)
Sec. 151.104. - 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, § 2)
PART 2. - ADMINISTRATION
Sec. 151.201. - 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 Department of Business and Professional Regulation, the Duval County Health Department and the Public Health Unit are responsible for inspection of licensed premises applying for a license to ascertain compliance with the Health Code and applicable State laws and regulations.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2)
Sec. 151.202. - 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 a dancing entertainment establishment without having first obtained a license under this Chapter.
(b)
Where a person lawfully operated a dancing entertainment establishment prior to this Chapter being adopted to require such person to obtain a license, such person shall have 45 days from the date of such adoption in which to apply for the license and may operate such business without a license for such time and until the Sheriff denies the request for a license pursuant to Section 151.206.
(c)
Each licensed premises shall comply with and be subject to the placement and distance limitation requirements set forth in Part 11, Chapter 656, Ordinance Code. For purposes of these requirements, in every instance where the term "adult entertainment or service facility" is used within Part 11, Chapter 656, it shall be replaced with and understood to mean "dancing entertainment establishment" as such term is set forth and defined in Section 151.103 (Definitions), Ordinance Code.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2014-164-E, § 1)
Sec. 151.203. - Disqualification.
No license shall be issued to:
(a)
Any individual, partnership or corporation which has had an adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license which has been revoked in the previous 12 months;
(b)
Any partnership, a partner of which has had his adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked in the previous 12 months;
(c)
Any corporation, an officer, director or principal stockholder of which has had his or its adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked in the previous 12 months; or
(d)
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.
(e)
Any individual, partnership or corporation which had an adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked on two or more occasions or had more than one adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked;
(f)
Any partnership, a partner of which has had an adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked on more than two occasions or had more than one adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked;
(g)
Any corporation, an officer, director or principal stockholder of which has had his or its adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked twice or had more than one adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked.
(h)
Any individual who is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation, who has had an adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked on two or more occasions or had more than one adult bookstore, adult motion picture theatre, adult entertainment establishment, escort service or dancing entertainment establishment license revoked;
(i)
Any conviction of offense under F.S. Ch. 893 or Ch. 790, or any conviction of an offense including moral turpitude.
(Ord. 2005-743-E, § 2)
Sec. 151.204. - Dancing entertainment establishment license.
(a)
A person desiring to engage in the business of operating a dancing entertainment establishment 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) or whether the applicant has had a license under this Chapter or Chapter 150 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 or Chapter 150 has previously been revoked.
(4)
Whether any of the individuals listed pursuant to paragraph (1) has, within the 12-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.
(5)
The proposed location of the business.
(6)
Whether the applicant holds another license under this Chapter or Chapter 150 and, if so, the number and location of the licensed premises.
(7)
A plan drawn to appropriate scale of the proposed licensed premises indicating all windows, doors, rooms, entrances and exits and the fixed structural features of the proposed licensed premises. The term fixed structural features shall include walls, immovable partitions, admission booths, concession booths or stands, immovable counters and similar structures that are intended to be permanent.
(8)
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.
(9)
Proof of proper zoning from the Planning and Development Department.
(10)
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. If the application for a license is approved and a license is issued, half of the application fee shall be applied as a credit towards the annual license fee required for the first year pursuant to Section 151.212.
(b)
Within five days of receiving an application, the Sheriff shall determine whether the application is complete and shall either notify the applicant that the application is complete or identify to the applicant which information or materials must still be received in order for the application to be deemed complete.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2017-665-E, § 9)
Sec. 151.205. - Investigation.
Upon receipt of a complete 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 Building Inspection Division shall review the application and investigate the proposed premises for compliance with Part III of Chapter 151, the Florida Building Code, and Part 12 and Part 13 of Chapter 656, Ordinance Code. The Chief of Fire Prevention shall review the application and investigate the proposed premises for compliance with Florida Statutes Chapter 633 of the Florida Statutes and Section 420, Ordinance Code. The Planning and Development Department shall review the application and investigate the proposed premises for compliance with Chapter 656, Ordinance Code. The Department of Business and Professional Regulation shall review the application and investigate the premises for a proposed dancing entertainment establishment which serves food for compliance with Chapter 509 of the Florida Statutes and Chapter 61C of the Florida Administrative Code and the Duval County Health Department shall review the application and investigate the premises for a proposed dancing entertainment establishment which does not serve food for compliance with Chapter 381 of the Florida Statutes and Chapter 64E-11 of the Florida Administrative Code. 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. 2005-743-E, § 2; Ord. 2006-136-E, § 2)
Sec. 151.206. - Issuance; notice of denial; review.
(a)
Upon the completion of the review of an application by the Sheriff and other interested agencies, the Sheriff shall approve or disapprove the application. The review shall be completed within 30 days of the application being deemed complete. If approved, the license shall be issued upon the payment of the appropriate license fee provided in Section 151.212, 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 Planning and Development Department, Department of Business and Professional Regulation, the Duval County Health Department, 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.
(c)
The Sheriff shall approve or disapprove the application within 35 days of the application being deemed complete unless the applicant requests additional time. If the Sheriff does not approve or disapprove the application within 35 days of the application being deemed complete, then the application is deemed to be approved by the Sheriff. However, the Sheriff's approval of a dancing entertainment establishment license does not waive the City's zoning requirements as set forth in Chapter 656, Ordinance Code.
(d)
Except as set forth in subsection (b) of this Section, not more than 35 days after an 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)
An applicant shall have 30 days to seek judicial review of the Sheriff's decision.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2)
Sec. 151.207. - 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 151.204, 151.205 and 151.206 in the case of issuance of new licenses. 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. 2005-743-E, § 2)
Sec. 151.208. - Suspension and revocation of license.
(a)
The Sheriff is given full power to suspend, for 15 days, any dancing entertainment establishment license, where the Sheriff determines 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 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 Chapter 150, excluding Section 150.606(a)—(d).
(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.
(c)
The license shall be suspended for a period of up to six months if two violations of this Chapter or Chapter 150, excluding Section 150.606(a)—(d), 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.
(d)
The license shall be revoked if three or more violations of this Chapter or Chapter 150, excluding Section 150.606(a)—(d), have been committed during any 12-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.
(e)
Prior to the suspension or revocation of any dancing entertainment license, the Sheriff shall 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 dancing 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.
(f)
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.
(g)
A licensee may operate until such time as the suspension or revocation shall become effective as set forth in subsection (f) of this Section.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2006-1127-E, § 7; Ord. 2020-74-E, § 5)
Sec. 151.209. - 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. 2005-743-E, § 2)
Sec. 151.210. - 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 151.202.
(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. 2005-743-E, § 2)
Sec. 151.211. - 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. 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 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. 2005-743-E, § 2; Ord. 2017-665-E, § 9)
Sec. 151.212. - 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. 2005-743-E, § 2; Ord. 2017-665-E, § 9)
Sec. 151.213. - Applications barred for one year.
Whenever any application is filed for a license under this Chapter and such application has been denied by the Sheriff, or a license issued under this Chapter or Chapter 151 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. 2005-743-E, § 2)
Sec. 151.214. - Performer work identification card.
(a)
Performer Work Identification Card required. Any person desiring to perform in a dancing entertainment establishment licensed under this Chapter must obtain a Work Identification Card from the Sheriff. No person shall act as a performer in a dancing 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 a dancing 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, 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 the Polaris Project (https://polarisproject.org/training/) (approximately 45 minutes 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 minutes in length). The Sheriff shall maintain and make available to any Applicant each sex trafficking education program free-of-charge 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, 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. 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 Cards 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 a dancing entertainment establishment. The dancing 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 dancing 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 dancing 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 a dancing 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 dancing 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 a dancing 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 City or the Sheriff. 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, § 6; Ord. 2022-172-E, § 3; Ord. 2023-161-E, § 2; Ord. 2023-497-E, § 2)
Editor's note— Ord. 2020-74-E, § 6, amended the Code by repealing former § 151.214, which pertained to performer records, and derived from Ord. 2006-1127-E, § 7, and added a new § 151.214.
PART 3. - PHYSICAL REQUIREMENTS
Sec. 151.301. - Physical requirements.
(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)
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 marked "No Customers or Patrons Allowed."
(i)
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.
(j)
The Sheriff shall have access to all rooms that are open to customers and the public 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.
(k)
No room, other than a sanitary facility or room marked "No Customers or Patrons Allowed", 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.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2)
PART 4. - ENFORCEMENT
Sec. 151.401. - Operation of unlicensed premises unlawful.
Unless allowed by this Chapter, it shall be unlawful for any person to operate a dancing entertainment establishment unless the business shall have a currently valid license under this Chapter, which license shall not be under suspension or revocation.
(Ord. 2005-743-E, § 2)
Sec. 151.402. - 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. 2005-743-E, § 2)
Sec. 151.403. - Unlawful sales.
It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any person any service, material, device or thing sold or offered for sale at a dancing entertainment establishment that would require an adult bookstore, adult motion picture theater, or adult entertainment establishment license.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2)
Sec. 151.404. - Interference with inspectors.
No person shall interfere with or obstruct inspectors in the performance of their official duties.
(Ord. 2005-743-E, § 2)
Sec. 151.405. - 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. 2005-743-E, § 2)
Sec. 151.406. - 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. 2005-743-E, § 2)
Sec. 151.407. - 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. 2005-743-E, § 2)
Sec. 151.408. - 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. 2005-743-E, § 2)
Sec. 151.409. - 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. 2005-743-E, § 2)
Sec. 151.410. - Restrictions on entertainment.
(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 a dancing entertainment establishment, the operation of any activity that would require a license under Chapter 150.
(b)
It shall be unlawful for an employee at a dancing entertainment establishment to straddle any customer or patron.
(c)
It shall be unlawful for any employee at a dancing entertainment establishment to offer or agree to straddle a customer or patron.
(d)
It shall be unlawful for any employee of a dancing entertainment establishment to intentionally touch the clothed or unclothed body of any customer or patron, at any point below the waist and above the knee of the customer or patron.
(e)
It shall be unlawful for any employee of a dancing 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.
(f)
It shall be unlawful for any employee of a dancing entertainment establishment to touch the clothed or unclothed breast of any customer or patron.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2)
Sec. 151.411. - Hours of operation.
Dancing entertainment establishments shall not be open between the hours of 2:00 a.m. and noon.
(Ord. 2005-743-E, § 2)
Sec. 151.412. - Written warning of violation.
(a)
If the Sheriff issues a citation to a performer or employee for a violation of Section 150.606(a)—(d), the dancing entertainment establishment shall provide a written warning to the performer or employee.
(b)
After one written warning, the dancing entertainment establishment shall terminate a performer upon the next violation of Section 150.606(a)—(d) and notify the Sheriff that the performer cannot procure a dance performance permit for 12 months.
(c)
The provisions governing nude or semi-nude entertainment as defined in Section 150.605 shall be posted plainly in 24 print font on a sign at least 8½ × 11 in size in a public area in all dancing entertainment establishments.
(Ord. 2006-1127-E, § 8)
Sec. 151.413. - Reserved.
Editor's note— Ord. 2020-74-E, § 7, amended the Code by repealing former § 151.413, which pertained to performer dancer requirements, and derived from Ord. 2006-1127-E, § 8.
PART 5. - PROHIBITION
Sec. 151.501. - Violations.
(a)
Any person who:
(1)
Operates or procures or acquiesces in the operation of an unlicensed premises contrary to Section 151.401;
(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 a service, device or thing sold or offered for sale that would require an adult bookstore, adult motion picture theater, adult massage parlor or adult entertainment establishment license;
(4)
Interferes with or procures or acquiesces in an interference with an inspector contrary to Section 151.404;
(5)
Violates a provision of Section 151.405, Section 151.406 or Section 151.407;
(6)
Maintains or procures or acquiesces in the maintenance of a nuisance on a regulated premises;
(7)
Dances and accepts any consideration, tip, remuneration or compensation from or on behalf of a customer without a Dancing Entertainment Establishment Dancing License or who allows, suffers, or permits any person to do so;
(8)
Allows any performer to perform at a dancing entertainment establishment without issuing a dance performance permit;
(9)
Fails to maintain a complete performer record for each performer;
(10)
Allows any performer to dance and accept any consideration, tip, remuneration or compensation from or on behalf of a customer at a dancing entertainment establishment who has been convicted of a violation of F.S. Ch. 796, within the previous five years;
(11)
Violates any other requirement or provision of this Chapter or Part 6 of Chapter 150.
Shall be guilty of an offense
(b)
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.
(c)
For violations that are of a continuing nature, each day that the violation continues shall be a separate offense.
(d)
It shall be unlawful for any person to suffer or permit a customer to be in any room which is marked "No Customers or Patrons Allowed."
(e)
In each action in which a fine is recovered, $20 from that portion of each fine payment not otherwise already committed by any other ordinance or law, shall be deposited into the Sheriff's Investigative Fund on an annual basis to be used to fund enforcement efforts under this Chapter and Chapter 150.
(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2006-1127-E, § 9; Ord. 2007-419-E, § 1)
Sec. 151.502. - Civil penalties.
In addition to or in lieu of the penalties that may be imposed under Section 151.501, the following civil penalties may be assessed:
(a)
A person who in violation of this Chapter, operates or attempts to operate a dancing entertainment establishment, 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 151.210 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 151.211, may be assessed a civil penalty of up to $300.
(f)
A licensee and any agent, officer, servant or employee of a licensee who fails to correct violations of the general 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.
(g)
A person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.
(h)
A performer who performs at a dancing entertainment establishment without a dance performance permit issued by that dancing entertainment establishment may be assessed a civil penalty of up to $200.
(i)
A manager on duty or person owning, maintaining, operating or leasing a dancing entertainment establishment that allows any performer to perform at a dancing entertainment establishment without issuing a dance performance permit to the performer, pursuant to Section 151.214, may be assessed a penalty of up to $200.
(j)
A manager on duty or person owning, maintaining, operating or leasing a dancing entertainment establishment that allows any performer to perform at a dancing 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 a dancing entertainment establishment that fails to maintain a complete performer record for each performer, pursuant to Section 151.214, may be assessed a penalty of up to $200 for each incomplete performer record.
(l)
The total penalties imposed pursuant to Sections 151.501 and 151.502 shall not exceed $500 per violation.
(Ord. 2005-743-E, § 2; Ord. 2006-1127-E, § 9)
Sec. 151.503. - Assessment and recovery of civil penalty.
Civil penalties may be recovered in a civil action in the name of the City.
(Ord. 2005-743-E, § 2)
Sec. 151.504. - 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. 2005-743-E, § 2)
Sec. 151.505. - Unlawful advertising.
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.
(Ord. 2005-743-E, § 2)
Sec. 151.506. - Manager on duty.
(a)
All regulated premises shall have at all times a manager on duty on the premises. There shall be a visible name plate indicating the name of the Manager on Duty at all times.
(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. 2005-743-E, § 2; Ord. 2006-1127-E, § 9)
Sec. 151.507. - 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. 2005-743-E, § 2)
Sec. 151.508. - Customer liability.
It shall be unlawful for any person to encourage or solicit any person to violate a provision of this Chapter.
(Ord. 2005-743-E, § 2)
Sec. 151.509. - Law enforcement exemption.
The requirements of this Chapter shall not apply to any law enforcement officer engaged in bona fide law enforcement activity.
(Ord. 2005-743-E, § 2)
Sec. 151.510. - 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. 2005-743-E, § 2)
Sec. 150.611. - Exemption. Chapter 154 - ALCOHOLIC BEVERAGES