§ 110.01. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Adult bookstore: An establishment having as a substantial or significant portion of the items, materials, goods or products sold or rented, offered for sale or rent, displayed or exhibited classified as adult material, or where one of the principal business purposes is the sale or rental of adult material. An establishment may have other principal business purposes or sell or rent other types of goods and still be an adult bookstore if it meets this definition.

Adult booth: A small enclosure inside an adult entertainment establishment accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material" but does not include a restroom or foyer through which the public enters or exits the establishment.

Adult entertainment establishment: An adult theater, an adult bookstore, an adult performance establishment, a commercial physical contact parlor, or an escort service operated for commercial or pecuniary gain. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. An establishment with an adult entertainment license or an establishment advertising itself as an adult entertainment establishment is deemed to be an adult entertainment establishment.

Adult material: Any one or more of the following regardless of whether it is new or used:

(a)

Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, other visual representations, tape recordings, or other audio matter which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

(b)

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

Adult motel: Any motel, hotel, boardinghouse, rooming house or other place of temporary lodging:

(a)

Where the word "adult" is used or included by the establishment to identify or name the establishment; or

(b)

Where the predominant or exclusive business or attraction of the establishment is the offering to customers of a product, service or entertainment which is intended to provide sexual stimulation or gratification to such customers, including an establishment which is distinguished by an emphasis on, or the promotion of, specified sexual activities or the presentation or rental of films, motion pictures, videocassettes, slides or other photographic reproductions, which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas; or

(c)

Where any room with sleeping accommodations is rented or otherwise made available to a customer for a period of eight hours or less and the customer is required to vacate such room before the 8:00 a.m. which follows the time of rental.

The term "adult motel" is included within the definition of "adult theater."

Adult theater: An establishment which has adult booths where adult material may be viewed or any establishment which has an auditorium, rooms, or an open-air area where persons may view films, motion pictures, video cassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating, or relating to specified sexual activities or specified anatomical areas. Adult motels and adult booth or peep show arcades are considered to be adult theaters.

Adult performance establishment:

(a)

An establishment where any worker:

1.

Engages in a private performance and/or acts as a private model for a customer, regardless of whether the worker engages in dancing or any particular activity; or

2.

Wears and displays to a customer any covering, tape, pastie, or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas; or

3.

Offers, solicits or contracts to dance or perform with a customer in consideration for any tip, remuneration or compensation from or on behalf of that customer; or

4.

Dances or performs with or within three feet of a customer in consideration for any tip, remuneration or compensation from or on behalf of that customer.

(b)

This definition is not intended to apply, and it is an affirmative defense to an alleged violation of this article regarding operating an adult performance establishment without a license, if the alleged violator demonstrates either:

1.

That the establishment is a bona fide private club whose membership as a whole engages in social nudism or naturalism as in a nudist resort or camp, including nudist clubs chartered by the American Association for Nude Recreation, the Naturist Society, their appurtenant business components and places temporarily in use for traditional family-oriented naturism; or

2.

That the predominant business or attraction of the establishment is not the offering to customers of a product, service or entertainment which is intended to provide sexual stimulation or gratification to such customers, and the establishment and its advertising is not distinguished by an emphasis on, or the promotion of, matters or persons depicting, describing, displaying, exposing, simulating or relating to specified sexual activities or specified anatomical areas.

(c)

Consistent with the decision of the Florida Supreme Court in the case of Hoffman v. Carson, 250 So.2d 891 (Fla. 1971), an adult entertainment establishment shall not be deemed a place provided or set apart for the purpose of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence of F.S. § 800.03.

Alcoholic beverages: A beverage containing more than one-half of one percent of alcohol by volume. It shall be prima facie evidence that a beverage is an alcoholic beverage if there is proof that the beverage in question was or is known as beer, wine, whiskey, moonshine whiskey, shine rum, gin, tequila, bourbon, vodka, scotch, scotch whiskey, brandy, malt liquor, or by any other similar name thereto or was contained in a bottle or can labeled as any of the above names, or a name similar thereto and the bottle or can bears the manufacturers insignia, name or trademark. Any person who by experience in the handling of alcoholic beverages, or who by taste, smell or drinking of such alcoholic beverages has knowledge of the alcoholic nature thereof, may testify as to his opinion about whether such beverage is an alcoholic beverage. Exception: this definition does not include any medicine or drug dispensed by drug stores or prescription shops for medical purposes.

Breast: A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is (i) reasonably compact and contiguous to the areola and (ii) contains at least the nipple and the areola and one-fourth of the outside surface area of such gland.

Buttocks: (For a short general description see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being one-half inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold) and between two imaginary straight lines, one on each side of the body (the "outside lines") which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost points) at which each nate meets the outer side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either (i) the left inside perpendicular line and the left outside perpendicular line or (ii) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third of the distance from the anus to the right outside line. (The above description can generally be described as covering one-third of the buttocks centered over the cleavage for the length of the cleavage.)

Commercial physical contact:

(a)

Shall mean to manipulate, wash, scrub, stroke, or touch for commercial or pecuniary gain, another person's body tissues directly or indirectly (through a medium using any object, instrument, substance, or device).

(b)

Exception: It is an affirmative defense to an alleged violation of this article regarding engaging in commercial physical contact or operating a commercial physical contact parlor if the alleged violator, business, or establishment can establish membership in one of the following classes of persons or businesses and the activity alleged to be commercial physical contact is part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this article:

1.

Persons licensed as a massage therapist or apprentice massage therapist pursuant to F.S. Ch. 480 if providing massage services only in a massage establishment licensed under F.S. Ch. 480.

2.

Persons licensed under the laws of Florida to practice medicine surgery, osteopathy, chiropody, naturopathy, or podiatry or persons licensed as a physician's assistant or holding a drugless practitioner's certificate.

3.

Registered nurses under the laws of Florida.

Commercial physical contact parlor: A business establishment or place operated for commercial or pecuniary gain, where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised, or promoted as a place where commercial physical contact occurs or as a "body scrub salon", or as a "relaxation salon".

Conviction: A determination of guilt resulting from a plea or trial regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

Customer: Any person, excluding a worker or operator, who is:

(a)

Present at an establishment, regardless of whether that person has actually given any consideration or spent any money for goods or services; or

(b)

Has paid, or has offered, agreed, been solicited, or had someone else offer or agree on the person's behalf to pay any consideration, fee, gratuity or tip to an operator or worker of an adult entertainment establishment.

Educational institution: A premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning. However, the term "educational institutional" does not include a premises or site upon which there is a vocational institution, professional institution or an institution of higher education, including a community college, junior college, four year college or university.

Entity: Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit and/or not-for-profit organization.

Escort: Any person who, for commercial or pecuniary gain, compensation or tips agrees to, offers to or goes to any place, including a business, hotel, motel, residence or conveyance to do any of the following:

(a)

Provide private adult entertainment; or

(b)

Engage in private modeling or lingerie modeling; or

(c)

Display specified anatomical areas, strip naked or go topless.

Nothing in this definition shall be construed to legalize prostitution or other conduct prohibited by this article or other law.

Escort service: A person, business, establishment, or place operated for commercial or pecuniary gain, which:

(a)

Advertises as an "escort service" or "escort agency" or otherwise offers or advertises that it can furnish escorts, private dancers or private models; or

(b)

Offers or actually provides, arranges, dispatches or refers workers to act as an escort for a customer. However, it is an affirmative defense that a business is not an escort service if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches or dates for two persons who each wish to meet a compatible companion when neither of said persons solicits, accepts or receives any financial gain or any monetary tip, consideration or compensation for meeting or dating.

Establishment dealing in alcoholic beverages: Any business or commercial establishment (whether profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement including those licensed by the state for the sale and/or service of alcoholic beverages of any alcoholic content or any bottle club, hotel, motel, restaurant, night club, country club, cabaret, meeting facility utilized by any religious, social, fraternal, or similar establishment where a product or article is sold, dispensed, served or provided, with the knowledge, actual or implied, that the same will be or is intended to be mixed, combined with, or drunk in connection or combination with an alcoholic beverage on the premises or curtilage of said business or commercial establishment. A private residence is not an establishment dealing in alcoholic beverages.

Licensee: Any person, partnership, or corporation whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment.

Nude or nudity: Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering: (i) human genitals or pubic region (ii) the human buttocks or (iii) the human female breast. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, dental floss, tape and thongs. Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering.

Operator: Any person who engages in or performs an activity necessary to, or which facilitates the operation of an adult entertainment establishment, including, but not limited to, the licensee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist or attendant.

Person: Any live human being aged ten years of age or older.

Places provided or set apart for nudity: Shall mean enclosed single-sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, places set aside for traditional family-oriented naturism including nudist clubs chartered by the American Association for Nude Recreation, the Naturist Society, their appurtenant business components and places temporarily in use for traditional family-oriented naturism, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.

Private performance: Any modeling, posing or the display or exposure of any specified anatomical area by a worker of an adult entertainment establishment to a customer, while the customer is in an area not accessible during such display to all other persons in the establishment or, while the customer or worker is in an area which is private or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area.

Public place: Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature shall not be deemed to be a public place.

Sexually oriented business: A commercial physical contact establishment or escort service regardless of whether such business is licensed under this ordinance.

Specified anatomical areas:

(a)

Less than completely opaque covered:

1.

Human genitals or public region;

2.

Any part of the human buttocks; or

3.

Female breast.

(b)

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

(c)

Any simulation of the above.

Specified criminal act:

(a)

A violation of section 110.45 of the Fruitland Park Adult Entertainment Code; or

(b)

Any offense under F.S. Ch. 794 regarding sexual battery, F.S. Ch. 796 regarding prostitution, F.S. Ch. 800 regarding lewdness and indecent exposure and/or F.S. Ch. 847 regarding obscene literature; or

(c)

An offense under an analogous statute of a state other than Florida, or an analogous ordinance of another county or city.

Specified sexual activity:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

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

(c)

Fondling or other erotic touching of human genitals, public region, buttock, anus or female breast; or

(d)

Excretory functions as part of or in connection with any of the activities set forth in subsections (a), (b) or (c) above.

Straddle dance: Also known as "lap dance," "face dance," or "friction dance" shall mean either of the following acts at an establishment:

(a)

The use by a worker of any part of his or her body to touch the genital or pubic region of another person, or the touching of the genital or pubic region of any worker to another person. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the worker is displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching is direct or indirect; or

(b)

The straddling of the legs of a worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching.

Worker: A person who works, performs, or provides services at an adult entertainment establishment or who is an escort, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, employees, independent contractors, subcontractors, lessees, or sublessees who work or perform at an adult entertainment establishment.

(1969 Code, § 3-6; Ord. 79, passed 10-12-50; Am. Ord. 2002-001, passed 2-14-02; Am. Ord. 2002-004, passed 3-28-02)