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.