Ordinance 90-2684 ORDINANCE NO. 90-2684
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, MAKING FINDINGS; AMENDING MIAMI BEACH
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING
SECTION 12, ENTITLED ',LIQUOR CONTROL REGULATIONS', BY
ADDITION OF SUBSECTION 12-4, PROHIBITING TOTAL NUDITY OR
SEXUAL CONDUCT IN ALCOHOLIC BEVERAGE ESTABLISHMENTS IN
THE CITY OF MIAMI BEACH; PROHIBITING THE LOCATION OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS WHICH PERMIT PARTIAL
NUDITY ON THE PREMISES WITHIN 300 FEET OF ANY DISTRICT
DESIGNATED AS RS, RM, OR RPS ON THE CITY'S OFFICIAL
ZONING DISTRICT MAP, OR WITHIN 300 FEET OF LAND UPON
WHICH A HOUSE OF WORSHIP, SCHOOL, PUBLIC PARK OR
PLAYGROUND IS LOCATED, OR WITHIN 1,000 FEET OF ANY OTHER
ADULT ENTERTAINMENT ESTABLISHMENT; PROVIDING THAT HOTELS
WITH A MINIMUM OF 300 HOTEL UNITS SHALL BE EXEMPT FROM
THE DISTANCE SEPARATION REQUIREMENTS IN SECTION 12-4C;
PROVIDING FOR MANDATORY REQUIREMENTS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS WHICH PERMIT PARTIAL NUDITY;
PROVIDING THAT STATE---LICENSED ALCOHOLIC BEVERAGE
ESTABLISHMENTS WHICH REGULARLY PERMITTED TOTAL NUDITY,
PARTIAL NUDITY OR SEXUAL CONDUCT ON OR WITHIN ONE YEAR
PRIOR TO DECEMBER 19, 1989,MAY CONTINUE TO PERMIT PARTIAL
NUDITY, BUT THAT THEIR CONTINUED OPERATION SHALL BE
GOVERNED BY SUBPARAGRAPH B OF SUBSECTION 13-3 AND
SUBSECTION 13-4 ; PROVIDING FOR ENFORCEMENT AND PENALTIES
FOR VIOLATIONS; AMENDING SECTION 7, ENTITLED ',PARKING
REGULATIONS,' BY AMENDING SUBSECTION 7-2, ENTITLED ',OFF-
STREET PARKING REQUIRED'', TO ESTABLISH A REQUIREMENT OF
ONE PARKING SPACE PER THREE SEATS IN AN ALCOHOLIC
BEVERAGE ESTABLISHMENT WHICH PERMITS PARTIAL NUDITY;
AMENDING SUBSECTION 16-7 OF SECTION 16, ENTITLED ',BOARD
OF ADJUSTMENT, BY PROVIDING FOR APPLICATIONS FOR
VARIANCES OF THE DISTANCE REQUIREMENTS SET FORTH IN
SUBSECTION 12-4; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. FINDINGS
That the City Commission of the City of Miami Beach, Florida makes
the following findings:
a) A number of alcoholic beverage establishments in the City
of Miami Beach, Florida, permit or suffer Total or Partial
Nudity or Sexual Conduct as defined herein within their
establishments.
b) A number of alcoholic beverage permittees have indicated
an intention to create new establishments in Miami Beach,
Florida, which will permit or suffer Total or Partial Nudity
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or Sexual Conduct within such establishments.
c) Some other local municipalities have recently prohibited
Total or Partial Nudity and Sexual Conduct as defined herein,
in establishments where alcoholic beverages, beer or wine are
sold or offered for sale for consumption on the premises; the
potential exists for some establishments which have been
prohibited in those municipalities to relocate in Miami Beach.
d) Studies conducted by other local governments and reports
from police departments have indicated that there is a direct
relationship between adult entertainment establishments,
(especially those which sell alcoholic beverages for on
premises consumption ) and such adverse secondary impacts
upon the community as neighborhood deterioration, reduction
in property values and increased crime, especially
prostitution, rape, indecent exposure and child molestation;
some of the most notable studies are the Minneapolis Report
of the Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses conducted in 1989; the Saint Paul
Minnesota Planning and Economic Development and the Minnesota
Crime Control Planning Board's study, Effects on Surrounding
Area of Adult Entertainment Businesses in Saint Paul,
conducted in June of 1978; and the study conducted by the
Phoenix Arizona Planning Department in 1979 entitled Relation
of Criminal Activity and Adult Businesses.
e) These studies have not indicated that there is any
relationship between shows in large hotels which feature nude
dancing and adverse secondary effects on the community.
f) Reports from the City of Miami Beach Police Department
indicate occurrences of the above-stated adverse secondary
effects in connection with nude bars currently in operation
in Miami Beach.
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g) Due to the above-stated adverse secondary effects
associated with alcoholic beverage establishments which permit
Total nudity or sexual conduct as defined herein on their
premises, such establishments constitute a nuisance in the
community. Partial nudity constitutes a nuisance when located
in close proximity to other such establishments, residential
districts, houses of worship, schools, public parks or
playgrounds.
h) In City of Renton v. Playtime Theaters, Inc. , 106 5.ct. 925
(1986) , the United States Supreme Court held that cities have
the authority to enact preventative legislation regarding
adult entertainment to protect the quality of life within
their communities.
i) In International Food & Beverages System v. City of Fort
Lauderdale, 664 F.Supp. 482 (S.D. Fla. 1987) , aff'd, 838 F. 2d
1220 (1988) , and Fillingim v. Boone, 835 F. 2d 1389 (11th Cir.
1988) , federal courts in Florida have recently held that
municipalities in Florida may exercise the State's authority
under the Twenty-first Amendment to the United States
Constitution to prohibit nude and semi-nude entertainment in
establishments which sell alcoholic beverages for consumption
on the premises.
j ) In order to preserve the public peace and good order and
to safeguard the health, safety and welfare of the community
and citizens of Miami Beach, Florida, it is necessary and
advisable to prohibit total nudity and sexual conduct in
alcoholic beverage establishments and to restrict the location
of alcoholic beverage establishments permitting or suffering
partial nudity.
k) Notwithstanding the above-stated adverse secondary effects
associated with alcoholic beverage establishments which permit
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Total or Partial nudity or Sexual Conduct, the City Commission
recognizes the fact that a total ban of such establishments
may pose a hardship for existing businesses, and therefore is
allowing the continued operation of Partial Nudity in
establishments which were in operation on December 19 , 1989,
or at any time in the year immediately preceding that date,
under a valid license issued by the State of Florida Division
of Alcoholic Beverages & Tobacco for sale of alcoholic
beverages, beer or wine for consumption on the premises and
which regularly provided entertainment including " Total
Nudity" , "Partial Nudity" or "Sexual Conduct" as defined
herein, provided that their continued operation shall be
governed by Subparagraph B of Subsection 13-3 and Subsection
13-4 .
Section 2 . ADDITION OF ZONING ORDINANCE SUBSECTION 12-4.
That Section 12 , entitled "Liquor Control Regulations" of City of
Miami Beach Comprehensive Zoning Ordinance No. 89-2665 is hereby
amended by addition of Subsection 12-4 to read as follows:
Section 12
LIQUOR CONTROL REGULATIONS
12-4 ALCOHOLIC BEVERAGE ESTABLISHMENTS PERMITTING TOTAL OR
PARTIAL NUDITY OR SEXUAL CONDUCT
A. For purposes of this Subsection, the following terms,
phrases and words shall have the meanings given herein:
1. "Adult Bookstore" shall mean an establishment which
sells, offers for sale or rents Adult Material for
commercial gain. This definition includes
establishments selling or renting adult videos when
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applicable under the above-stated conditions.
2 . "Adult Booth" shall mean a small enclosed or
partitioned area inside an establishment operated
for commercial gain which is (1) designed or used
for the viewing of Adult Material by one or more
persons and (2) is accessible to any persons,
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. The term "Adult Booth" does not
include a foyer through which any person can enter
or exit the establishment, or a rest room.
3 . "Adult Entertainment Establishment" shall mean any
Adult Bookstore, Adult Booth, Adult Motion Picture
Theater, or establishment which permits Partial
Nudity.
4 . "Adult Material" shall mean one or more of the
following, regardless of whether it is new or used:
1) Books, magazines, periodicals or other printed
matter; photographs, films, motion pictures,
video cassettes, slides or other visual
representations; recordings, other audio
matter; and novelties or devices; which have
as their primary or dominant theme subject
matter depicting, exhibiting, illustrating,
describing or relating to Specified Sexual
Activities or Specified Anatomical Areas as
defined herein; or;
2) Instruments, novelties, devices or
paraphernalia which are designed for use in
connection with Specified Sexual Activities as
defined herein, except for birth control
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devices or devices for disease prevention.
5. "Adult Motion Picture Theater" shall mean an
enclosed Building used for presenting for
observation by patrons motion pictures, films, or
video media, distinguished or characterized by an
emphasis on matter depicting, describing or relating
to Specific Sexual Activities or Specified
Anatomical Areas as hereafter defined.
6. "Nudity, Partial" means the exhibition by any female
performer or employee of the establishment to any
other Person of any portion of her breasts falling
below the areola, or any simulation thereof (which
definition shall include the entire lower portion
of the human female breast, but shall not include
any portion of the cleavage of the human female
breast exhibited by a dress, blouse, shirt, leotard,
bathing suit, or other wearing apparel, provided the
areola is not so exposed) .
7 . "Nudity, Total" means the showing by any performer
or employee of the establishment of all or any
portion of the cleft of the human male or female
buttocks with less than a full opaque covering; the
showing by any performer or employee of the
establishment of all or any portion of the female
areola; the depiction by any performer or employee
of the establishment of covered male genitals in a
discernibly turgid state; the exhibition by any
performer or employee of the establishment to any
other Person, of his or her genitals, pubic area,
vulva, anus, anal cleft or cleavage, or any portion
of the foregoing specified anatomical areas, or any
simulation thereof.
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8 . "Parcel of Land" means any quantity of land capable
of being described with such definiteness that its
location and boundaries may be established, which
is designated by its owner or developer as land to
be used or developed as a unit, or which has been
used or developed as a unit.
9 . "Sexual Conduct" means any sexual intercourse,
masturbation, sodomy, bestiality, oral copulation,
flagellation, any sexual act which is prohibited by
law, erotic touching, caressing or fondling of the
breasts, buttocks or any portion thereof, anus or
genitals or the simulation thereof.
10. "Specified Anatomical Areas" as used in this Section
above shall mean either of the following
1. Less than completely opaquely covered human
genitals, pubic region, anal cleft, cleft of
the buttocks, and; all or any part of the
areola of the female breast; and
2 . Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
B. No Alcoholic Beverage Establishment shall permit Total
Nudity or Sexual Conduct on any Parcel Of Land located
in the City of Miami Beach.
C. No Alcoholic Beverage Establishment permitting Partial
Nudity is permitted on a Parcel Of Land located:
1. Within 300 feet of any district designated as RS,
RM, or RPS on the City's Official Zoning District
Map; or,
2 . Within 300 feet of any Parcel Of Land upon which a
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house of worship, school, public park or playground
is located; or
3 . Within 1, 000 feet of any Parcel Of Land upon which
another Adult Entertainment Establishment is
located.
D. Mandatory Requirements
1. The minimum Building size of an Alcoholic Beverage
Establishment which permits Partial Nudity shall be
8, 000 square feet.
2 . The Alcoholic Beverage Establishment which permits
Partial Nudity shall have no less than 250 seats.
3 . The Alcoholic Beverage Establishment which permits
Partial Nudity shall have a full service Restaurant
and kitchen on-site, offering a complete menu during
the operating hours of the establishment.
4 . Parking required for an Alcoholic Beverage
Establishment which permits Partial Nudity shall be
a minimum of one (1) space per three (3) seats, all
of which shall be located on-site.
5. An Alcoholic Beverage Establishment which permits
Partial Nudity shall have no Exterior signage
describing or depicting the activities regulated by
this Subsection taking place within the Premises.
6. Partial Nudity in Alcoholic Beverage Establishments
shall occur only between the hours of 8 : 00 p.m. and
4 : 00 a.m.
E. The minimum distance separation shall be measured by
following a straight line from the main entrance or exit
in which Partial Nudity associated with an Alcoholic
Beverage Establishment occurs to the nearest point of the
property designated as RS, RM, or RPS on the City's
Official Zoning District Map or used for house of
worship, school, or public park or playground. In cases
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where a minimum distance is required between an Alcoholic
Beverage Establishment permitting Partial Nudity and
another Adult Entertainment Establishment, the distance
separation shall be determined by measuring a straight
line between the principle means of entrance of each Use.
F. Exemption•
1. A Hotel with a minimum of three hundred (300) Hotel
Units shall be exempt from Section 12-4 (C) (1, 2 ,
and 3) .
G. An Alcoholic Beverage Establishment permits Total Nudity
or Partial Nudity or Sexual Conduct under this Subsection
if any Person maintaining, owning, managing or operating
such Establishment knowingly or with reason to know,
suffers or permits Total Nudity, or Partial Nudity or
Sexual Conduct to occur on the Premises of such
Establishment.
H. Notwithstanding Subsection 12-4 , C (1, 2 , and 3) and I,
Alcoholic Beverage Establishments which were in operation
at a particular location on December 19, 1989 or at any
time in the year immediately proceeding that date, under
a valid license issued by the State of Florida Division
of Alcoholic Beverages and Tobacco for sale of Alcoholic
Beverages, Beer or Wine for consumption on the Premises,
and which regularly provided entertainment including
Total Nudity or Partial Nudity or Sexual Conduct as
defined herein may continue to permit Partial Nudity
after (the effective date of this Ordinance) 1990.
However, whenever any such Non-conforming Use has been
changed to a conforming Use, the former Non-conforming
Use shall not be permitted at a later date. Such
Establishments shall not be permitted to change to any
Use other than are permitted in the Zoning District in
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which the Use is located. Additionally, Subparagraph B
of Subsection 13-3 and Subsection 13-4 of Zoning
Ordinance 89-2665 shall apply to such Non-conforming
Uses.
I . VIOLATIONS AND PENALTIES
Upon a finding by the appropriate administrative official
or agency that a violation of this Section has occurred,
the City shall initiate proceedings to revoke the
Certificate of Use, Occupational License or Certificate
of Occupancy, whichever are appropriate. Additionally,
this Section may be enforced and violations may be
punished as follows:
1. By enforcement procedures as set forth in Section
25 of the Miami Beach City Charter and penalties as
provided in Section 1-8 of the Miami Beach City
Code; or
2 . As provided in Subsection 21-2 of City of Miami
Beach Zoning Ordinance 89-2665.
Section 3 AMENDMENT OF SUBSECTION 7-2 BY ADDITION OF PARKING
REQUIREMENT FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
WHICH PERMIT PARTIAL NUDITY
That Subsection 7-2 of City of Miami Beach Comprehensive
Zoning Ordinance No. 89-2665, entitled "Off-street Parking
Required" is hereby amended to read as follows:
SECTION 7
PARKING REGULATIONS
7-2 Off-Street Parking Required
Except as otherwise provided in this Ordinance,
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when any Building or Structure is erected or
altered,accessory Off-Street Parking Spaces
shall be provided for the Building, Structure
or additional Floor Area as follows:
A. Parking District No. I
1. Adult Congregate Living
Facility - 1 space per 2
beds.
2 Alcoholic Beverage Establishment which permits
Partial Nudity - 1 on-site space per 3 seats.
Section 4 AMENDMENT OF SUBSECTION 16-7
That Subsection 16-7 of Section 16, entitled "Board of
Adjustment" of City of Miami Beach Comprehensive Zoning Ordinance
No. 89-2665 is hereby amended to read as follows:
Section 16
BOARD OF ADJUSTMENT
16-7 POWERS AND DUTIES
A. The Board of Adjustment shall have the following powers
and duties:
1. To hear and decide appeals when it is alleged that
there is error in any order, requirement decision,
or determination made by an administrative official
in the enforcement of this Ordinance with the
exception of appeals pursuant to Section 17-4H. In
the event of an Administrative Appeal to the Board
of Adjustment, the Planning and Zoning Director may
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engage the services of an attorney for the purpose
of representing the Administrative Officer who made
the decision that is the subject of the appeal .
In exercising this power, the Board of Adjustment,
may upon appeal, reverse or affirm, wholly or
partly, the order, requirement, decision, or
determination, and to that end shall have all the
powers of the officer from whom the appeal is
taken. The concurring vote of four (4) members, of
the Board shall be necessary to reverse any order,
requirement, decision, or determination of any such
administrative official or to decide in favor of
the Applicant on any matter upon which the Board is
required to pass under Ordinance.
2 . To authorize, upon application such Variance from
the terms of this Ordinance as will not be contrary
to the public interest when, owing to special
conditions, a literal enforcement of a provision of
this Ordinance would result in unnecessary and
undue hardship. An application for a Variance
shall be limited to the following development
regulations: height, average and minimum unit sizes
(but not the average unit size when used in
determining the bonus for the Floor Area Ratio) ,
setback areas, size and location of Signs, Open
Space Ratio, distance requirements of Subsection
12-4 , and off-Street parking and loading
requirements (however, no Variance shall be given
for off-Street parking for less than one space per
Apartment Unit or Hotel Unit, or a request
pertaining to the reduction of an impact fee, or
for Lot Area when determining Floor Area Ratios) .
In order to authorize any Variance from the terms
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of this Ordinance, the Board of Adjustment shall
find:
Section 5. Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 6. Repealer.
All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 7 . Effective Date.
This Ordinance shall take effect on the 3rd day of
March 1990.
PASSED and ADOPTED this 21st day of February
1990.
VICE-MAYOR
ATTEST:
FORM APPROVED
LEGAL DEPT.
CITY CLERK
1st Reading 2/7/90 Date .2//y/io
2nd Reading 2/21/90
a: \nudeor3d
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,, FLORIDA 3 3 1 3 9 '
*`•INCOAP��ORATEDj* `' V,4 C.4 TIONLANU U. S. A.
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. iI-
'90 -
DATE: FEB. 21, 1990
TO: Mayor Alex Dao . and
Members of e City Commi io O
FROM: Rob W. P. kins n �4
City Manager
SUBJECT: AN ORDINANCE AMENDING ZONING ORDINANCE 89-2665 BY THE
ADDITION OF REGULATIONS PERTAINING TO TOTAL NUDITY,
SEXUAL CONDUCT, AND PARTIAL NUDITY IN ALCOHOLIC BEVERAGE
ESTABLISHMENTS
BACKGROUND
On February 7 , 1990, the City Commission approved on first reading
an amendment to the zoning ordinance. It permits partial nudity
(pasties and G-strings) in alcoholic beverage establishments
provided that certain distance separations and mandatory
requirements are met. The ordinance also exempts hotels with a
minimum of 300 rooms from the distance separation requirements.
The amendment to the zoning ordinance follows the intent of a City
Code Amendment (Ordinance 90-2678) , adopted on January 17 , 1990,
which prohibits total nudity and sexual conduct in alcoholic
beverage establishments but permits partial nudity. The zoning
ordinance amendment further restricts the locations of these uses
and provides additional site and operational requirements for such
establishments.
In December, 1989 and January, 1990, the City Commission was
provided with copies of studies conducted by other local
governments and from the City of Miami Beach Planning and Zoning
Department. These reports shall be construed to be a part of the
permanent record of the adoption proceedings regarding this
Ordinance. These studies are: (1) the Minneapolis Report of the
Attorney General ' s Working Group on the Regulation of Sexually
Oriented Businesses, conducted in 1989 ; (2) the Saint Paul
Minnesota Planning and Economic Development and the Minnesota Crime
Control Planning Board' s study, Effects on Surrounding Area of
Adult Entertainment Businesses in Saint Paul , conducted in June of
1978 ; (3) the study conducted by the Phoenix Arizona Planning
Department in 1979 entitled Relation of Criminal Activity and Adult
Businesses; and (4) The Regulation of Adult Entertainment
Establishments in the City of Miami Beach: Analysis, Findings and
Recommendations Pertaining to Nude Dancing in Alcoholic Beverage
Establishments, prepared by the CMB Planning and Zoning Department
in December, 1989 .
CITY COMMISSION ACTION - FIRST READING
On first reading (February 7 , 1990) , the City Commission approved
an ordinance regulating partially nude bars. It followed the
Planning Board ordinance with the following three amendments:
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AGENDA _ -
)_____
ITEM
DATE 2 -21 - 9 o
1. The 300 foot required distance separation from a residential
use (Planning Board) was changed to a 300 foot separation from
a residential zoning district.
2 . The exemption from distance separation requirements for hotels
was changed from a minimum of 250 hotel rooms (Planning Board
ordinance) to 300 rooms.
3 . A new requirement was added which limits the hours that
partial nudity may be exhibited from 8 : 00 pm to 4 : 00 am.
PLANNING BOARD ACTIONS
On January 15 and 16, 1990, the Planning Board held two public
hearings and considered two separate Zoning Ordinance amendments -
one Ordinance restricts the location of nude bars while the other
Ordinance pertains to all other forms of adult entertainment
(movies, bookstores, peep shows) .
Prior to the public hearing, one of the members (James Silvers)
determined he may have a conflict of interest and left the meeting.
As such, six of - the seven members were present throughout the
entire meeting. As set forth in the Zoning Ordinance, in order for
a motion to receive an affirmative recommendation from the Planning
Board, it is necessary that five votes be cast in favor of a
motion. If a motion receives four of the six votes, it fails to
pass. This is the same situation where the Board of Adjustment
requires four of five votes in order to approve a variance.
The attached Ordinance, which only received four votes in favor
and two against, was not recommended by the Planning Board because
it failed to receive five votes. The four votes in favor were cast
by Norman Frank, Stephen Hertz, Keith Kovens, and Ralph Mizrahi.
The two dissenting votes were cast by Joy Alschuler and Neisen
Kasdin. The dissenters voted against the Ordinance because 1) it
allowed partial nudity in alcoholic beverage establishments in the
Redevelopment Area, and; 2) the Ordinance did not expand the 300
ft. to 400 ft. separation from a school , place of worship, park and
playground from alcoholic beverage establishments that have partial
nudity.
The following motions also failed because they did not receive 5
votes. A motion to expand the separation between schools and nude
bars from 300 ft. to 400 ft. failed four to two. Similarly, a
motion to prohibit partial nudity in alcoholic beverage
establishments in the Redevelopment Area failed on a vote of four
votes in favor and 2 against. A motion to measure the distance
separation from residential districts as opposed to residential
uses failed 3-3 .
As required in the Zoning Ordinance, the Planning Board' s
recommendation, which is not to approve the attached Ordinance,
(four to approve - two to deny) is hereby transmitted to the City
Commission.
SUMMARY OF THE ORDINANCE
The basic concepts included in the proposed ordinance are as
follows:
1. Allows partial nudity in alcoholic beverage establishments
anywhere in the Redevelopment Area, provided that they meet
the distance separation requirements.
2 . Distance separation will include a minimum distance of 300 ft.
from residential zoning districts (RS, RM, or RPS) , house of
worship, school, public park or playground; 1000 ft. distance
separation from another adult entertainment establishment.
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3 . Follows intent of the City Code Ordinance 90-2678 regarding
partial and total nudity and sexual conduct.
4 . Prohibits all total nudity/sexual conduct in alcoholic
beverage establishments. Allows performers to exhibit partial
nudity with a G-string covering cleft of the buttocks and
pubic area and pasties covering the areola if the
establishments meet distance separation requirements as listed
in item 2 above.
5. Grandfathers-in existing establishments for Partial Nudity -
only.
6. Exempts hotels of a minimum size (300 units) from distance
separation requirements.
7 . Provides for variances from Zoning Board of Adjustment for
distance separation requirements.
8. Provides for penalties in City Code (fines, imprisonment) and
in Zoning Ordinance (Code Enforcement Board fines) .
9 . Establishes the following mandatory requirements for alcoholic
beverage establishments which have partial nudity.
a. 'Minimum building size - 8 , 000 sq. ft.
b. No less than 250 seats.
c. On-site full service restaurant and kitchen offering a
complete menu during the operating hours of the club.
d. Parking requirement (1 space per 3 seats all of which
shall be located on site) .
e. No exterior signage describing or depicting the
activities taking place within the premises.
f. Hours in which partial nudity may be exhibited - 8 : 00 pm
to 4 : 00 am.
ANALYSIS OF THE PROPOSED ORDINANCE
A. Distance Separations
The distance separations set forth in the proposed ordinance
strictly limit the number of potential locations for adult
entertainment establishments in the City. On first reading, the
City Commission amended one of the distance separation criteria to
require a minimum of 300 feet from residential zoning districts as
opposed to residential land uses. This change offers a simpler
approach to administering the ordinance. It also makes the
partially nude bar ordinance and the adult entertainment ordinance
(motion picture theaters, bookstores, etc. ) consistent with one
another, as they both now have identical distance separation
requirements.
The 1000 feet required between any two adult entertainment
establishments reflects an accepted method of dispersing these
businesses in order to limit any negative impacts which could be
caused by a concentration of such uses.
B. Mandatory Development Criteria
The ordinance contains six mandatory development criteria which are
intended to reduce the negative secondary impacts created by semi-
nude bars. The criteria are also intended to ensure quality
development in the entire City as well as in the Redevelopment
Area.
These criteria include setting forth minimum building sizes (8000
square feet and 250 seats) , reflecting a significant investment in
the property, which would imply that a quality operation would be
likely.
Also required is a full service restaurant and kitchen offering a
complete menu. Again, this would assist in ensuring quality
development and operation. Also, the consumption of food by
patrons tends to reduce the effects of alcohol in the bloodstream.
The restaurant and kitchen, combined with the size of the facility,
indicates that the partial nude aspects of the operation is of
secondary importance in terms of land use.
The ordinance also contains a stricter parking requirement (1 space
per 3 seats, rather than 1 space per 4 seats) , which reflects the
higher demand for parking generated by such establishments vs. -
other establishments which do not provide semi-nude entertainment.
Since the majority of patrons will be men arriving individually or
in small groups, as opposed to couples, it is indeed likely that
there will be a higher parking demand in a semi-nude bar.
Additionally, the parking would be required to be provided on-site,
further lessening the negative impact on surrounding properties and
offering additional security from crime for the patrons and their
automobiles.
- The ordinance contains a clause stating that there shall be no
exterior signage describing or depicting the activities taking
place within the premises.
Finally, the ordinance contains a limitation on the hours of
operation as a partially nude bar (from 8 : 00 pm to 4 : 00 am) . This
provision was added by the Commission during first reading of the
ordinance. It would offer additional protection from any potential
secondary impacts of the adult entertainment establishment by
ensuring that adult activities would not be taking place during
daytime hours when school children may be in the vicinity of the
establishment. If partial nudity does not occur on the premises,
then the bar would be allowed to operate under the same regulations
as other bars in the City.
C. Hotel Exemptions
The ordinance provides for an exemption from the distance
separation requirements for hotels containing 300 or more rooms.
(The City Commission raised this figure from the Planning Board' s
recommendation of 250 rooms. ) This will allow for Las Vegas type
revues to be performed in the City' s larger hotels. A total of 11
hotels have 300 rooms or more (18 hotels have 250 rooms or more) .
There have been no studies performed in other cities which have
shown that these types of shows in hotels cause any negative
secondary impacts on the community.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the
Ordinance as amended on first reading.
RWP:JK:SRP: ibm
Attachment
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