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.