[The draft of this ordinance was provided by Cori, manager of Seven Seas.]
AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CITY OF TAMPA CODE, CHAPTER 14, OFFENSES, ARTICLE II, MISCELLANEOUS OFFENSES BY ENACTING DIVISION 9., ADULT ENTERTAINERS SEPARATION REQUIREMENT; PROVIDING LEGISLATIVE FINDINGS, INTENT AND PURPOSE; DEFINITIONS; IMPOSING A SIX (6) FEET DISTANCE SEPARATION BETWEEN ADULT ENTERTAINERS AND PATRONS: PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, this Ordiance was considered by the City Council of the City of Tampa, Florida, at a duly noticed public hearing as required by Florida Statues §166.041(2)(a); and
WHEREAS, this Ordinance does not change the actual list of permitted, conditional, or prohibited uses within a zoning category, nor the actual zoning map designation of a parcel of land, and therefore was not required to be adopted pursuant to the procedures set forth in Florida Statutes §166.041(3)(c); and
WHEREAS, all interested persons were afforded required notice and an opportunity to be heard in connection with this Ordinance at said public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA
Section 1. That Chapter 14, Article II, Division 9, is hereby enacted to read as follows.
DIVISION 9. ADULT USE ENTERTAINER DISTANCE SEPARATION REQUIREMENTS
Sec. 14-146 Legislattive findings, intent and purpose.
a. City of Tampa hereby finds physical contact of a sexual nature often occurs between persons performing at adult uses within the City and patrons and other entertainers at such businesses, and such contact between patrons and other entertainers commonly occurs in connection with illegal, obscene, lewd, or lascivious acts, and
b. City of Tampa hereby finds such contact poses a risk to public health by enabling the transmission of disease; and it is the intent of the City to prevent illegal, obscene, lewd, and lascivious conduct and to prevent the transmission of disease with adult uses within the City, and
c. City of Tampa hereby finds that the prevention of sexual contact between patrons and entertainers at adult uses is unrelated to the suppression of free expression but serves to address the concerns raised in the finding herein, and
d. City of Tampa finds that the concerns raised (i.e. criminal activity and/or transmission of disease) in the findings herein do not arise in the context of more traditional art forms and forums such as performing art centers and museums; and
e. City of Tampa hereby finds numerous other jurisdictions have sought to combat the adverse secondary effect of physical contact of a sexual nature in adult uses through ordinances prohibiting contact between entertainers and patrons and other entertainers, but have found such ordinances difficult, if not impossible to enforce absent a provision requiring a distance separation between entertainers and patrons and other entertainers, and
f. City of Tampa hereby finds numerous Courts have consistently held that municipal and county ordinances that require a mandatory distance of at least six (6) feel between adult entertainers and other entertainers and patrons of adult uses are constitutional, and
g. The City of Tampa hereby asserts that the following purposes of the Adult Use Entertainer Distance Separation Requirements set forth herein are matters of legitimate, substantial and compelling governmental interests.
1.To protect adult entertainers from exposure to diseases transmitted by physical contact of a sexual nature; and
2.To protect adult use patrons from exposure to diseases transmitted by physical contact of a sexual nature, and
3.To protect the public from exposure to disease transmitted by physical contact of a sexual nature, and
4.To reduce the amount of criminal activity occurring in adult uses, i.e. prostitution and lewd and lascivious acts.
Sec. 14.147 Definitions
For purposes of the Division 9, the following terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise. All other terms and words shall have the meaning stated in Webster's Collegiate Dictionary, Ninth Edition, as subsequently revised and updated.
1. Adult Use. An adult use includes an is defined as follows:
1. Adult entertainment establishment. Any premises on which is offered to members of the public or any person, for a consideration, entertainment that has as its primary or dominant theme, subject matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section; "entertainment" as used in this definition shall include, but not be limited to, books, magazines, films, newspapers, photographs, paintings, drawings, sketches or other publications or graphic media, filmed or live plays, dances or other performances, either by single individuals or groups.
2. Adult theater. An enclosed building or an enclosed space within a building used for presenting either filmed or live plays, dances or other performances, either by individuals or groups, that have as their primary or dominant theme, subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.
3. Live model studio. Any premises where there is provided for members of the public or for any person, for a consideration, live human models, whether male or female, displaying specified anatomical areas or featuring or in any way including, specified sexual activities.
2. Entertainer. One who provides entertainment or provides a performance or show, including, but limited to, persons who perform sexually oriented dance performances.
3 .Patron. One who enters and remains in an adult use establishment to observe the activities therein
4. Person: includes, bu is not limited to any individual, firm, partnership, joint venture, syndicate or other group, or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and shall include the plural as well as the singular
5. Primary or dominant theme. Main or governing characteristic, or first in degree or importance.
6. Specified anatomical areas.
1.Less than completely and opaquely covered.
a.Human genitals or pubic region \n b.Buttocks. \n c.Female breasts below a point immediately above the top of the areola.
2.Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
7. Specified sexual activities:
1.Human genitals in a state of sexual stimulation or arousal \n 2.Acts of cunnilingus, fallation, masturbation, sexual intercourse, sodomy, whether actual or simulated. \n 3.Fondling or other erotic touch of human genitals, pubic region, buttocks or female breasts.
Sec 14-148 Prohibited Activities
a. No person within an adult use shall, within six (6) feet of another person, display or expose any specified anatomical area or engage in any specified sexual activity, provided, however, that this provision shall not apply to prevent.
1.Adult use employees or entertainers at an adult use from using dressing room facilities that are not accessible or viewable by patrons or the public and so long as such use does not include the intentional touching of the specified anatomical areas of another person engaging in any specified sexual activity; or
2.Any person from using bathroom facilities within an adult use so long as such use does not include the intentional touching of the specified anatomical areas of another person or such persons engaging in any sexual activity.
b. No person who owns an adult use shall knowingly, or with reason to know, permit, suffer or allow any violation of subsection (a) above.
Section 14-149. Penalties
Any person who intentionally engages in conduct in violation of this ordinance shall be subject to the provisions and penalties set forth in Section 1-6 of this Code, for each violation.
Section 2. That should any section, subsection or part of the Ordinance be declared invalid by a court of competent jurisdiction it shall be severed from the remaining parts and the remaining parts hereof shall not, in any way, be affected by determination as to the invalid part.
Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. That this Ordinance shall take effect immediately upon becoming a law.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA FLORIDA ON __Dec 2 1999______________.
(Signers are City Clerk, Chairman of City Council and Mayor)
It was prepared by James D. Palermo, City Attorney.
