Ordinance 90-2678 ORDINANCE NO. 90-2678
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA MAKING FINDINGS OF FACT; AMENDING MIAMI
BEACH CITY CODE CHAPTER 18, ENTITLED "INTOXICATING
LIQUORS" BY ADDITION OF ARTICLE II, ENTITLED "TOTAL AND
PARTIAL NUDITY AND SEXUAL CONDUCT IN ALCOHOLIC BEVERAGE
ESTABLISHMENTS," PROHIBITING TOTAL NUDITY OR SEXUAL
CONDUCT IN ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES, BEER
OR WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON
THE PREMISES AND PROHIBITING ANY PERSON MAINTAINING,
OWNING OR OPERATING SAID ESTABLISHMENTS FROM PERMITTING
OR SUFFERING TOTAL NUDITY OR SEXUAL CONDUCT THEREIN;
ESTABLISHING MANDATORY REQUIREMENTS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS PERMITTING PARTIAL NUDITY;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; 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 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 sellalcoholic 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
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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) 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.
f) 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 this community.
Partial Nudity constitutes a nuisance unless such establishments
comply with the mandatory requirements set forth herein.
g) 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.
h) In International Food & Beverages Systems 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 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.
i) 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 or Sexual Conduct in alcoholic beverage
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establishments and to establish mandatory requirements for
alcoholic beverage establishments permitting or suffering Partial
Nudity.
Section 2 . Addition of Article II to City Code Chapter 18
That Miami Beach City Code Chapter 18, entitled "Intoxicating
Liquors" be amended by the addition of an Article II, entitled
"Total and Partial Nudity and Sexual Conduct in Alcoholic Beverage
Establishments" to read as follows:
CHAPTER 18
INTOXICATING LIQUORS
* * *
Article II. Total and Partial Nudity and Sexual Conduct In
Alcoholic Beverage Establishments.
§ 18-8 . Definitions.
§ 18-9 . Total Nudity and Sexual Conduct prohibited.
§ 18-10. Mandatory requirements established for
Alcoholic Beverage Establishments permitting
Partial Nudity.
§ 18-11 . Enforcement and Penalties.
Article II. Total and Partial Nudity and Sexual Conduct In
Alcoholic Beverage Establishments.
Sec. 18-8 Definitions.
The following words and phrases, when used in this Article,
shall have the meanings respectively ascribed to them as
follows:
(1) "Alcoholic Beverage Establishment" means any
establishment located in the City of Miami
Beach, Florida at which alcoholic beverages,
beer or wine are offered for sale for
consumption on the premises.
/2) "Alcoholic Beverage" , "Beer" and "Wine" shall
have the meanings set forth in Florida Statutes
Sections 561. 01 (4) , 563 . 01,_,_ and 564 . 01
respectively.
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(3) "Nudity, Partial" means the exhibition by any
female person 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) .
(4) "Nudity, Total" means the showing of all or any
portion of the cleft of the human male or
female buttocks with less than a full opaque
covering; the showing of all or any portion of
the female areola; the depiction of covered
male genitals in a discernibly turgid state;
the exhibition by any person 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.
(5) "Person" means an individual , corporation,
firm, partnership, limited partnership,
association, joint stock association, estate,
trust or business entity.
(6) "Sexual Conduct" means any sexual intercourse,
masturbation, sodomy, bestiality, oral
copulation, flagellation, any sexual act which
is prohibited by law, touching, caressing or
fondling of the breasts, buttocks or any
portion thereof, anus or genitals or the
simulation thereof.
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Section 18-9 . Total Nudity and Sexual Conduct Prohibited.
(1) It shall be unlawful for any Person
maintaining, owning, managing or operating an
Alcoholic Beverage Establishment to knowingly,
or with reason to know, suffer or permit Total
Nudity or Sexual Conduct to occur on the
premises of that Alcoholic Beverage
Establishment.
(2) It shall be unlawful for any person, while on
the premises of an Alcoholic Beverage
Establishment to expose to public view those
portions of his or her anatomy, defined herein
as Total Nudity, or engage in any Sexual
Conduct.
Section 18-10. Mandatory requirements established for Alcoholic
Beverage Establishments permitting Partial Nudity.
No Person shall own, operate, manage, work or perform at any
Alcoholic Beverage Establishment which permits Partial Nudity
on the premises unless the following mandatory requirements
are observed therein:
1. Persons engaged in displaying Partial Nudity are
prohibited from dancing or simulating sexual
activity with any patron, spectator, employee or
other person on the premises.
2 . No person shall engage in the display or exposition
of Partial Nudity except while the person is
positioned at least three (3) feet from a patron.
3 . No Person maintaining, owning or operating such an
Establishment shall _suffer or permit the
construction, maintenance, or use of areas
partitioned or screened from public view that are
designed to be occupied or are commonly occupied
alone or together by any person or persons on the
premises of such Establishment for private
As amended on 1/17/90 5
performances involving the display or exhibition of
Partial Nudity.
4 . No person on the premises of such Establishment
shall be permitted to use or to be present in areas
partitioned or screened from public view that are
designed to be occupied together or alone by any_
person or persons on the premises of such
Establishment for the display or exhibition of
Partial Nudity.
5. No partially nude person who performs in the
Establishment shall be permitted to converse with
patrons while on the premises prior to , during, or
after a performance.
6. Prostitution or solicitation for prostitution as
defined in the Florida Statute Section 768 . 01 shall
not occur on the premises;
7 . There shall be no sale or use of controlled
substances as defined in Florida Statute Section
893-02 (4) on the premises;
8 . The Establishment shall be in compliance with all
applicable fire, property maintenance and building
codes at all times. If a Building is a Historic
structure as defined in Section 3-2 . 80 of City of
Miami Beach Zoning Ordinance No. 89-2665, it shall
conform with the U.S. Secretary of Interior' s
Standards for Historic Places; and,
9 . A Certificate of Use or Occupational License shall
not be issued until the City Manager or his designee
receives reports from the City' s Police, Fire,
Building and Code Enforcement Departments that the
above regulations have been complied with.
Section 18-11. Enforcement and Penalties.
Section 18-9 of this Article shall be enforced
as provided in Section 25 of the City Charter
and violations of Section 18-9 shall be
As amended on 1/17/90 6
punished as provided in Miami Beach City Code
Section 1-8 .
Section 3 . Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 4 . Repealer.
All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 5. Effective Date.
This Ordinance shall take effect on the 27th day of
January , 19 90 .
PASSED and ADOPTED this 17th _ day of January
19 90
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VICE-MAYOR
ATTEST:
CITY CLERK
1st Reading 1/3/90
2nd reading 1/17/90
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LEGAL DEPARTMENT
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. I 1 Off'
DATE: January 17 , 1989
TO: Mayor Alex Daoud
Members of t ity Commis 'RI�
FROM: Rob W. Parki•s IF ''!il
City Manager 1 I
SUBJECT: AMENDMENT TO THE CITY CODE REGULATING NUDITY IN ALCOHOLIC
BEVERAGE ESTABLISHMENTS
SUMMARY OF THE PROPOSED ORDINANCE
1. Prohibits Total Nudity and Sexual Conduct in alcoholic
beverage establishments anywhere in the City.
2 . Permits Partial Nudity (dancing with performers wearing
pasties and a G-string that covers the cleft of the buttocks
and the pubic area) in alcoholic beverage establishments
provided that certain mandatory standards are maintained.
These are:
a. Partially nude performers shall not dance or
simulate sex with any person.
b. Partially nude performers shall perform at least 3
feet away from any other person.
c. Partial Nudity in screened or partitioned areas is
prohibited.
d. Performers may not converse with patrons before,
during or after a performance.
e. Prostitution is prohibited.
f. Illegal drugs are prohibited.
g. The building shall comply with all applicable
building, fire and property maintenance
standards and codes.
h. A Certificate of Use/Occupational License shall not
be issued until all codes are complied with.
3 . Grandfathers in existing establishments for Partial
Nudity only. They shall also meet mandatory standards.
4 . Does not provide for distance separations, locational
restrictions (schools, places of worship, parks,
playgrounds, Redevelopment area, residential uses)
variance exemptions or minimum number of rooms in hotel
buildings. These types of controls may only be included
in the Zoning Ordinance rather than the City Code. The
Planning Board considered a Zoning Ordinance amendment
that addressed these regulations on January 15, 1990 at
7 : 00 p.m. in the City Commission Chambers.
5. Provides for penalties of fines and imprisonment as per
Section 1-8 of the City Code.
AGENDA
ITEM
DATE I - -co
BACKGROUND.
On December 20, 1989 , the City Commission held a public hearing to
consider an amendment to the City Code prohibiting nudity in
alcoholic beverage establishments. The first proposed ordinance
applied to all establishments, whether currently operating or
proposed in the future.
Several Commissioners expressed concerns over the previously
proposed ordinance including the desire to allow hotels to show
Parisian-style revues which generally include Partial Nudity. Also
a matter of some concern was the immediate effect of the Ordinance
upon existing establishments. At the conclusion of the discussion,
City Commissioners directed the City Attorney' s Office and
Administration to meet with attorneys for current and proposed nude
establishments (The meeting could not be scheduled until January
2 , 1990, due to vacation schedules of the attorneys representing
nude bar owners) . The City Commission voted to refer the Ordinance
back to the City Attorney for revisions which would reflect the
comments made during the hearing.
On January 3 , 1990, the City Commission approved (6-0) an ordinance
on first reading which prohibits total nudity (including topless)
and sexual conduct in alcoholic beverage establishments. It
permits partial nudity (pasties 'and G-string) if certain mandatory
standards are met.
ANALYSIS OF ORDINANCE
The ordinance adopted on first reading prohibits Total Nudity and
Sexual Conduct in alcoholic beverage establishments anywhere in the
City; but, permits Partial Nudity in such establishments provided
that certain mandatory requirements are met.
Partial Nudity refers to performers who are wearing a minimum of
a G-string which covers the cleft of the buttocks and the pubic
area and pasties covering the areola. The mandatory requirements
affecting partial nudity in alcoholic beverage establishments are
as indicated in the summary of this memorandum.
The proposed Ordinance does not grandfather in the existing
establishments (Thrillers - 1716 Alton Rd. and Showgirls - 215 -
22nd St. ) for total nudity and sexual conduct. It does, however,
permit them to have partial nudity if the mandatory criteria are
met.
This proposed City Code amendment does not include any distance
separation requirements or locational restrictions (schools, places
of worship, parks, playgrounds, Redevelopment area, residential
uses) on alcoholic beverage establishments permitting Partial
Nudity. These further restrictions can only be contained within
a Zoning Ordinance amendment as they relate to land use issues.
A Zoning Ordinance amendment further restricting Partial Nudity in
alcoholic beverage establishments was presented to the Planning
Board on December 27 , 1989 . At that time, the Board deferred
action on the Ordinance until January 15, 1990. On January 17 ,
1990, the City Commission will also be asked to set a public
hearing on first reading of a proposed Zoning Ordinance amendment
further restricting nude bars, but permitting Partial Nudity in
hotels with at least 300 rooms.
Administration Recommendation
The Administration recommends that the City Commission adopt the
attached Ordinance on second and final reading.
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