Chapter 37 - ADULT ENTERTAINMENT CODE

Sec. 36.36. - Local Business Tax—Variable Tax Measurement Scales. Chapter 39 - ORLANDO TRAFFIC AND PARKING CODE Chapter 37 - ADULT ENTERTAINMENT CODE[1]

Footnotes: --- (1) ---

Editor's note— An ordinance adopted Oct. 5, 2009, § 1, amended Ch. 37, in effect deleting Ch. 37 and enacting a new Ch. 37 to read as set out herein. Former Ch. 37 pertained to similar subject matter and derived from an ordinance adopted Mar. 28, 1983, Doc. #17655.

Sec. 37.01. - Purpose and findings.

(a)

Purpose. It is the purpose of this chapter and other related parts of the Orlando City Code to regulate adult entertainment facilities in order to promote and protect the health, safety, and general welfare of the citizens of the City, and to establish reasonable, uniform, and fair regulations to prevent the deleterious secondary effects of adult entertainment facilities within the City. The provisions of this chapter and other related parts of the Orlando City Code have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including adult materials. It is neither the purpose nor effect of this chapter and other related parts of the Orlando City Code to restrict or deny access by consenting adults to adult material protected by the United States or Florida constitutions, or to deny access by the distributors and exhibitors of adult material to their intended and lawful market, but neither is the purpose nor effect of this chapter and other related parts of the Orlando City Code to condone or legitimize the distribution or exhibition of obscene material.

(b)

Findings and rationale. Based on evidence of the adverse secondary effects of adult entertainment facilities presented in reports and studies presented to each of the commissioners of the Orlando City Council, and on findings, interpretations, and narrowing constructions incorporated in numerous court cases, including without limitation, City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004), Pap's A.M. v. City of Erie, 529 U.S. 277 (2000), City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), California v. LaRue, 409 U.S. 109 (1972), Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000), Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, 337 F.3d 1251 (11th Cir. 2003), Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002), Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003), Wise Enters v. Unified Gov't of Athens-Clarke County, 217 F.3d 1360 (11th Cir. 2000), BZAPs, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001), World Wide Web of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004), Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000), Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999), David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000), Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998), Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999), Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982), Board of County Commissioners v. Dexterhouse, 348 So.2d 916 (2nd Ct. App. Fla. 1977), International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986), and other court cases, and on reports and studies of secondary effects occurring in and around adult entertainment facilities, including without limitation, Phoenix, Arizona - 1979, 1995-1998, Houston, Texas - 1983, 1997, Indianapolis, Indiana - 1984, Amarillo, Texas - 1977, Garden Grove, California - 1991, Los Angeles, California - 1977, Whittier, California - 1978, Austin, Texas - 1986, Oklahoma City, Oklahoma - 1986, Dallas, Texas - 1997, 2004, Newport News, Virginia - 1996, New York Times Square Study - 1994, Centralia, Washington - 2004, Greensboro, North Carolina - 2003, and also on findings of physical abuse from the papers entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, January 12, 2000, and the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Business, June 6, 1989, State of Minnesota, the Orlando City Council hereby finds:

(1)

Adult entertainment facilities, as a category of commercial use, are associated with a wide variety of adverse secondary effects, including without limitation, personal and property crimes, public safety risks, prostitution, the spread of sexually transmitted diseases, lewdness, public indecency, illicit sexual activity, illicit drug use and drug trafficking, undesirable and criminal behavior associated with alcohol consumption, the diminution of surrounding property values, litter, blight, and sexual assault and exploitation.

(2)

Each of the foregoing negative secondary effects constitutes a harm that the City has a substantial governmental interest in preventing or abating. This substantial governmental interest in preventing secondary effects, which is the City's rationale for this chapter and related parts of the Orlando City Code, exists independent of any comparative analysis between adult oriented and non-adult oriented businesses. The City's interest in regulating adult entertainment facilities extends to future secondary effects that may occur in the City related to existing adult entertainment facilities as well as facilities that may locate in the City in the future. The City hereby finds that the cases, reports, and studies relied on this chapter are reasonably believed to be relevant to the City.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.02. - Definitions.

For purposes of this chapter, the following terms, phrases, words, and their derivatives have the meanings expressed thereafter, unless the context clearly requires otherwise.

(a)

Adult bookstore means an establishment where a substantial portion of the items, material, goods, or products sold or rented, offered for sale or rent, displayed, or exhibited constitute adult material.

(1)

For purposes of the definition of adult bookstore, the term "substantial portion" means more than an insignificant or incidental portion. The term "substantial portion" does not necessarily mean a majority or predominant amount.

(2)

Whether the adult material constitutes a substantial portion of the items sold or rented, offered for sale or rent, displayed, or exhibited at a commercial establishment does not depend upon a specific percentage or ratio.

(3)

Whether adult material that is sold or rented, offered for sale or rent, displayed, or exhibited constitutes a substantial portion may be determined by evidence relating to some, but not necessarily all, of the following factors:

(i)

The amount of floor area, wall area, or display area dedicated to adult material.

(ii)

The amount of adult material sold or rented, offered for sale or rent, displayed, or exhibited.

(iii)

The visibility, prominence, or accessibility to customers of adult material.

(iv)

The retail value of the adult material sold or rented, offered for sale or rent, displayed, or exhibited.

(v)

Whether minors are excluded from the establishment.

(vi)

Any other fact, circumstance, or evidence that is relevant to demonstrate the type and quantity of material that the establishment sells or rents, offers for sale or rent, displays, or exhibits.

(b)

Adult dancing establishment means a commercial establishment that permits, suffers, or allows workers to display or expose specified anatomical areas.

(c)

Adult entertainment facility means any adult bookstore, adult dancing establishment, adult motion picture theater, commercial physical contact establishment, or body art shop where procedures are conducted on specified anatomical areas and are viewed by persons other than the artist and one other person with consent of the client.

(d)

Adult material means any one or more of the following, regardless of whether it is new or used:

(1)

Book, magazine, periodical, or other printed matter, or photographs, films, motion pictures, videotape, slides, computer digital graphic recording, or other visual representation, or compact disks, audio recording, or other audio matter, that have as their primary or dominant theme matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or

(2)

Instrument, novelty, device, or paraphernalia that is designed for use in connection with specified sexual activities, excluding bona fide birth control devices.

(3)

Package, box, container, or like matter, displaying image or text on the exterior thereof that falls under the definition of adult material.

(e)

Adult motion picture booth means an enclosed area within an adult motion picture theater designed or used for the viewing of motion pictures.

(f)

Adult motion picture theater means a building, or a portion or part of a building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used to present on a regular basis, for any form of consideration, film material that has as its primary or dominant theme matters depicting, illustrating, or relating to specified sexual activities, and includes any hotel or motel, boarding house, rooming house, or other lodging for transient customers that advertises the presentation of such film material.

(g)

Commercial means operated for pecuniary gain, regardless of whether or not a profit is actually realized. An establishment is presumptively commercial in nature if it has been issued a business tax receipt.

(h)

Specified anatomical area means:

(1)

less than completely and opaquely covered:

(i)

human genitals or pubic region;

(ii)

human buttock;

(iii)

human female breasts below a point immediately above the top of the areola; and

(2)

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

(i)

Specified criminal act means:

(1)

An offense under Chapter 794, Florida Statutes (sexual battery).

(2)

An offense under Chapter 796, Florida Statutes (prostitution).

(3)

An offense under Chapter 800, Florida Statutes (lewdness and indecent exposure).

(4)

An offense under Chapter 847, Florida Statutes (obscenity and material harmful to minors).

(5)

A felony offense under Chapter 893, Florida Statutes (controlled substances).

(6)

An offense under Chapter 895, Florida Statutes (racketeering).

(7)

An offense under Chapter 896, Florida Statutes (money laundering and unlawful financial transactions).

(j)

Specified sexual activities means:

(1)

human genitals in a state of sexual stimulation, arousal, or tumescence;

(2)

acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia, or zooerasty;

(3)

fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; and

(4)

excretory functions as part of or in connection with any of the activities set forth in through (3) above.

(k)

Worker means a person who works or performs at or for an adult entertainment facility, regardless of whether the person is paid a salary or wage. "Worker" includes without limitation an employee, independent contractor, subcontractor, performer, entertainer, lessee, or sublessee who works or performs at or for an adult entertainment facility. A "worker" may also be an operator, director, manager, or owner.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.03. - Adult bookstores.

It is unlawful to own, operate, manage, or work at an adult bookstore unless:

(a)

Adult material cannot be seen by anyone other than customers who have entered the premises.

(b)

If recordings are offered for sale and customers may listen to them while on the licensed premises, soundproof booths or rooms shall be available for use by customers who desire to listen, and each such booth or room shall have:

(1)

one clear window, facing the major portion of the licensed premises, covering not less than one-fourth (¼) of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use; and

(2)

sufficient chairs or couches to accommodate the expected number of persons who will occupy the booth or room at one time; and

(3)

the number of persons who may occupy the booth or room at one time clearly stated on or near the door to the booth or room, and only that number of persons shall be permitted inside the booth or room at one time; and

(4)

the door or doors opening into the booth or room incapable of being locked or otherwise fastened so that it or they will freely open from either side; and

(5)

all areas where a patron or customer is to be positioned visible from a continuous main aisle and not obscured by any curtain, door, wall, or other enclosure.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.04. - Adult motion picture theaters.

It is unlawful to own, operate, manage, or work at an adult motion picture theater unless:

(a)

Each adult motion picture booth is open or has a rectangular shaped entranceway not less than two feet wide nor less than six feet high.

(b)

Each adult motion picture booth has sufficient seats or couches to accommodate the maximum number of persons expected to use the booth. The maximum number of persons that may occupy a booth must be stated on or near the entranceway, and only that number is permitted to be in a booth at one time.

(c)

All areas where a patron or customer is to be positioned must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall, or other enclosure.

(d)

An adult motion picture theater having both adult motion picture booths and a hall or auditorium must conform to the special requirements for each.

(e)

In addition to the sanitary facilities otherwise required, there shall be provided within or adjacent to the common corridor, passageway, or area in adult motion picture theaters having adult motion picture booths, adequate lavatories equipped with running water, hand-cleansing soap or detergent, and sanitary towels or hand-drying devices. Common towels are prohibited.

(f)

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

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.05. - Adult dancing establishments.

(a)

It is unlawful to display or expose specified anatomical areas while dancing with or simulating sexual activity with a patron.

(b)

It is unlawful to display or expose specified anatomical areas unless the person so displaying or exposing is positioned at least three feet (3) from all patrons.

(c)

It is unlawful to construct, maintain, or operate an area within an adult dancing establishment partitioned or screened from public view and that is designed or intended to be occupied or is commonly occupied by a person or persons for the purpose of private performances involving the display or exhibition of specified anatomical areas.

(d)

It is unlawful to use or to be present in an area within an adult dancing establishment partitioned or screened from public view and that is designed or intended to be occupied or is commonly occupied by a person or persons for the purpose of private performances involving the display or exhibition of specified anatomical areas.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.06. - Compliance with other law.

Nothing in this chapter shall be construed or interpreted to authorize any act or omission otherwise prohibited by federal, state, or local law.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.07. - Adult entertainment facility permit required.

(a)

Permit required. It is unlawful to own, operate, manage, direct, or work at an adult entertainment facility unless the facility holds a valid adult entertainment facility permit in accordance with this chapter.

(b)

Permit classifications. Each adult entertainment facility permit issued in accordance with this chapter must be classified as either (1) an adult bookstore permit, (2) an adult dancing establishment permit, (3) an adult motion picture theater permit, (4) a commercial physical contact establishment permit, or (5) a body art shop defined by this chapter as an adult entertainment facility permit.

(c)

Single classification. Each adult entertainment facility permit is limited to one (1) permit classification.

(d)

Limit of one (1) permit. Each adult entertainment facility is limited to one (1) adult entertainment facility permit.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.08. - Permit application.

(a)

Application required. Persons seeking an adult entertainment facility permit must file with the planning official a sworn permit application on standard application forms supplied by the planning official.

(b)

Submittal requirements. The completed application must contain the following information and be accompanied by the following documents:

(1)

If the applicant is:

(i)

An individual, the individual must provide his or her legal name, any aliases, and must submit satisfactory proof that he or she is at least eighteen (18) years of age.

(ii)

A partnership, whether general or limited, the partnership must provide its complete name, and the names, residential addresses, and residential telephone numbers of all partners, the name, residential address, and residential telephone number of at least one (1) person in Florida who is authorized to accept service of process, and a copy of the partnership agreement.

(iii)

A corporation, the corporation must provide its complete name, date of incorporation, evidence of good standing, a copy of the articles of incorporation and corporate bylaws, the names, capacities, residential addresses, and residential telephone numbers of all officers and directors, the name of the registered corporate agent, the address of the registered office for service of process, and the name, residential address, residential telephone number, and title or capacity of the person making application on behalf of the corporation.

(2)

If the applicant intends to conduct business under a name other than that of the applicant, the establishment's fictitious name and its address as provided to the State of Florida under the Fictitious Name Act.

(3)

Whether the applicant or any person identified pursuant to this section has, within the five (5) years immediately preceding the date of application, been convicted of a state felony offense, any specified criminal act (or an offense under an analogous law of the United States, state other than Florida, or territory of the United States), or a violation of the Orlando City Code, or code of another city, county, or local government in Florida or any other state, and, if so, the specified offense, the date of conviction, and place of conviction.

(4)

Whether the applicant or any person identified pursuant to this section has had a previous adult entertainment facility permit suspended or revoked, including the name and location of the facility for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any person identified pursuant to this section has been a partner in a partnership or an officer or director of a corporation whose previous adult entertainment facility permit has been suspended or revoked, including the name and location of the facility for which the permit was suspended or revoked, as well as the date of the suspension or revocation.

(5)

Whether the applicant or any person identified pursuant to this section holds any other adult entertainment facility permit pursuant to this chapter, and, if so, the names and locations of such other facilities.

(6)

The permit classification for which the applicant is applying.

(7)

The location of the proposed facility, including legal description and street address of the proposed site.

(8)

The names of each person with the authority to manage or control the day-to-day operations of the proposed facility, including such persons' mailing address, residential address, business address, residential telephone number, and business telephone number.

(9)

The applicant's mailing address, residential address, business address, residential telephone number, and business telephone number.

(10)

A site plan, depicted in appropriate scale, of the proposed facility and its site, including without limitation the following:

(i)

All property boundaries, rights-of-way, and the location of all buildings, structures, parking areas and spaces, curb cuts, and driveways.

(ii)

All windows, doors, entrances, exits, restrooms, fixed structural features, walls, stages, partitions, admission booths, concession areas, stands, counters, and similar structures.

(iii)

All proposed improvements or enlargements to existing structures and buildings.

(11)

A recent photograph of the applicant.

(12)

The applicant's social security number or the applicant's employer tax identification number.

(13)

The applicant's driver's license number or state or federally issued identification card number.

(14)

If the applicant is not the owner of the real property proposed for the adult entertainment facility, the applicant must provide a notarized statement from the owner demonstrating that the owner consents to the application for an adult entertainment facility permit.

(15)

If the applicant is not the owner of the real property proposed for an adult entertainment facility, the applicant must provide a copy of the lease or other rental agreement.

(16)

If the applicant is not the owner of the real property proposed for an adult entertainment facility, the applicant must provide the name, address, and telephone number of the owner.

(c)

Application fee. In order to defray some of the costs and expenses associated with processing the application, each application must be submitted with a nonrefundable administrative fee of seven hundred fifty dollars ($750.00).

(d)

Consent. By submitting an application pursuant to this section, the applicant consents to the provisions of this chapter and to the exercise by the planning official and the departments, officers, and agents of the city of their respective responsibilities under this chapter.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.09. - Application processing.

(a)

Processing. Upon receipt of a completed application, the planning official shall immediately date stamp the application and send copies to the chief of police, the fire chief, the building official, the zoning official, and the director of public works.

(b)

Investigation. Each official identified in subsection a. shall promptly conduct an investigation in accordance with their respective following responsibilities:

(1)

The planning official is responsible for approving, denying, and renewing adult entertainment facility permits.

(2)

The chief of police is responsible for verifying the accuracy of the information provided in response to subsections 37.08 (b)(1) through (6), (8), (9), (11) through (13), and (16), and for inspecting the proposed facility for compliance with applicable criminal laws.

(3)

The building official is responsible for inspecting the proposed facility for compliance with applicable building and sanitary codes.

(4)

The fire chief is responsible for inspecting the proposed facility for compliance with applicable fire codes.

(5)

The zoning official is responsible for inspecting the proposed facility for compliance with applicable zoning codes.

(6)

The director of public works is responsible for inspecting the proposed facility for compliance with applicable codes related to public works.

(c)

Findings. At the conclusion of their respective investigations, each official identified in subsection (a) shall prepare a report and forward it to the planning official within thirty (30) days of the planning official's date stamp. Reports must state whether the official finds any false, deceptive, incorrect, or incomplete information in the application, whether the proposed facility would violate any provision of this chapter or other applicable federal, state, or local law, ordinance, code, rule, regulation, or court order.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.10. - Granting or denying the permit.

(a)

Time period for granting or denying the permit. The planning official shall approve or deny the permit application within thirty-five (35) days of receiving the completed application. The planning official shall notify the applicant of the decision in writing within five (5) days of the approval or denial.

(b)

Approving the application. If none of the officials identified in subsection 37.09(a) submit a report with findings that require the application be denied, the planning official shall approve the application and then issue the permit within two (2) days of the applicant paying the annual permit fee required by this chapter.

(c)

Denying the application. If one (1) or more of the officials identified in subsection 37.09(a) submit a report with findings that require the application be denied, the planning official shall deny the application. The planning official must state the reason for denial in the notice provided in accordance with subsection 37.10(a). The planning official shall also deny an application for any of the following reasons:

(1)

The application contains false, deceptive, incorrect, or incomplete information.

(2)

The applicant has failed to comply with state filing requirements for corporations, partnerships, or doing business under a fictitious name.

(3)

A permit issued under this chapter for the location of the proposed facility is the subject of a pending suspension or revocation proceeding or is currently suspended.

(4)

The proposed facility would violate a federal, state, or local law, ordinance, code, rule, regulation, or court order.

(d)

Reapplication. If an application is denied, the applicant may reapply.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.11. - Permit contents, term, and renewal.

(a)

Contents. An adult entertainment facility permit must state the name of the permittee, the name of the owner of the real property on which the facility is located, the name of the establishment, the street address of the establishment, the permit classification, the date of issuance, and the date of expiration.

(b)

Term. Adult entertainment facility permits are annual permits valid from the first day of October through the final day of September in the following year.

(c)

Renewals. Permits must be renewed annually. Subject to all provisions of this chapter, a permittee seeking to renew a permit must, by the first day of October, relinquish the permit for the prior year, update all information and documentation required for a permit application, execute and notarize a renewal request statement, and pay the applicable annual renewal fee.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.12. - Annual renewal fee.

Renewal fee. In order to defray some of the costs and expenses associated with processing the annual renewal request, each request must be submitted with a nonrefundable administrative fee of five hundred dollars ($500.00). This fee is in addition to and not in lieu of the local business tax and other lawful taxes, fees, and assessments.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.13. - Transfer of permit prohibited.

Adult entertainment facility permits are not transferable.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.14. - Records, reports, and consent of permittee.

(a)

Records and reports. Permittees must maintain and provide records and make reports to the planning official as reasonably required by the planning official in the implementation or furtherance of the planning official's duties and responsibilities of this chapter. Permittees must promptly notify the planning official in writing whenever any information required by this chapter changes and must provide the planning official with the newly changed information.

(b)

Consent. By holding a permit pursuant to this chapter, the permittee consents to the provisions of this chapter and to the exercise by the planning official and the departments, officers, and agents of the City of their respective responsibilities under this chapter

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.15. - Permit suspension.

(a)

Suspension authorized for continuing violations. Subject to the following, the code enforcement division manager may suspend an adult entertainment facility permit if the adult entertainment facility is operating in violation of an applicable federal, state, or local law, ordinance, code, rule, regulation, or court order.

(1)

Procedures. Prior to suspending the permit, the code enforcement division manager must provide the permittee with a written notice of violation, including any evidence supporting the proposed suspension, and at least seven (7) days to correct the violation. If the violation is not corrected within the time allotted, the code enforcement division manager may issue an order suspending the permit until the violation is corrected. Notices and orders provided pursuant to this subsection must be provided by certified mail, return receipt requested, to the facility's address of record.

(2)

Appeal. At any time after the issuance of the notice of violation, the permittee may request a hearing before the code enforcement board to appeal the suspension. The request for a hearing must be in writing and stays the effect of a suspension order until after the hearing is held. The request must allege findings of fact and conclusions of law supporting the permittee's challenge. The code enforcement board shall hear the challenge at its next available regular meeting and shall conduct a de novo hearing in accordance with its regular rules of evidence and procedure.

(3)

Decision on appeal. Upon conclusion of the hearing, the code enforcement board shall make findings of fact, conclusions of law, and issue an order either suspending the permit until the violation is corrected or quashing the suspension.

(b)

Suspension authorized for non-continuing violations. Subject to the following, the code enforcement division manager may suspend an adult entertainment facility permit for a period not to exceed thirty (30) days if a worker of the respective facility violates an applicable federal, state, or local law, ordinance, code, rule, regulation, or court order at the facility.

(1)

Procedures. At least seven (7) days before suspending the permit, the code enforcement division manager must provide the permittee with a written notice of violation, including any evidence supporting the suspension. Notices and orders provided pursuant to this subsection must be provided by certified mail, return receipt requested, to the facility's address of record.

(2)

Appeal. At any time after the issuance of the notice of violation, the permittee may request a hearing before the code enforcement board to appeal the suspension. The request for a hearing must be in writing and stays the effect of a suspension order until after the hearing is held. The request must allege findings of fact and conclusions of law supporting the permittee's challenge. The code enforcement board shall hear the challenge at its next available regular meeting and shall conduct a de novo hearing in accordance with its regular rules of evidence and procedure.

(3)

Decision on appeal. Upon conclusion of the hearing, the code enforcement board shall make findings of fact, conclusions of law, and issue an order either suspending the permit or quashing the suspension.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.16. - Permit revocation.

(a)

Revocation. Subject to the following, the code enforcement division manager shall revoke an adult entertainment facility permit if:

(1)

Information provided in the application for the permit is false, deceptive, incorrect, or incomplete.

(2)

Information provided in a renewal request is false, deceptive, incorrect, or incomplete.

(3)

The permittee fails to comply with subsection 37.14(a) of this chapter.

(4)

The permit has been suspended three times in any two-year period.

(b)

Procedures. At least seven (7) days before issuing an order revoking the permit, the code enforcement division manager must provide the permittee with a written notice of violation, including any evidence supporting the revocation. Notices and orders provided pursuant to this subsection must be provided by certified mail, return receipt requested, to the facility's address of record.

(c)

Appeal. Within fourteen (14) days of the issuance of the notice of violation, the permittee may request a hearing before the code enforcement board to appeal the revocation. The request for a hearing must be in writing and stays the effect of a revocation order until after the hearing is held. The request must allege findings of fact and conclusions of law supporting the permittee's challenge. The code enforcement board shall hear the challenge at its next available regular meeting and shall conduct a de novo hearing in accordance with its regular rules of evidence and procedure.

(d)

Decision on appeal. Upon conclusion of the hearing, the code enforcement board shall make findings of fact, conclusions of law, and issue an order either revoking the permit or quashing the revocation.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.17. - Suspension and revocation not exclusive enforcement mechanisms.

Nothing in this chapter shall be construed or interpreted to prohibit the City from enforcing its codes and ordinances by means other than those provided by this chapter, including without limitation, by summons, notice to appear in court, arrest, issuance of a citation, a civil action, stop work order, statutory code enforcement proceedings, or demolition.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 37.18. - Judicial review and exhaustion of administrative remedies.

(a)

Judicial review. A final order of the code enforcement board may be challenged by petition for writ of certiorari filed with the circuit court within thirty (30) days of the order's rendition.

(b)

Exhaustion of administrative remedies. Judicial review of a permit suspension or revocation is available only after all applicable administrative appeal remedies provided by this chapter have been exhausted.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)

Sec. 36.36. - Local Business Tax—Variable Tax Measurement Scales. Chapter 39 - ORLANDO TRAFFIC AND PARKING CODE