Ordinance 528ORDFNANCE N0. SZB
AN ORDINANCE OP THE CITY OF LONCIPOOD PROHIBITING AMY PERSON
OIVNIN G, MAINTAINING OR OPERATING AN ESTARLI SHMENT AT IVHI CH
ALCOHOLIC BEVEAAC.E S, BEF,R OR (PINE ARF. OFFERED FOR SALE FOR
CORSUMPTION ON THE PREMISES PROM GIIF FERFNG OR PERhti TTINC,
ON THE PREMISES OF SAID ESTABLS SHMENT, THE DISPLAYING OR
SIMULATED DFSF[.AYFNG OP GENITALS, VULVA, PtIBIC AREA,
RUTTOC KS, ANUS AND FEMALE, RRE ASTB; PROHIBITING THP.
P.XPOSURE OR SIMULATED F,XP09llRE OF GEN ITA[S, VULVA,
PUHTC AREA, BUTTOCKS, ANUS AND PF,htALE BREASTS IN ESTABLISH-
MENTS AT N'H ICII ALC OIIOLIC BEVERAGES, BEER OR h'I NF. ARE OFFERED
FOR SALE FOR CONSftMPT ION OV THE PREMISES; PROVIDING A
PROHIBITION OF LAP DANCING IPI TH IN SUCH ESTABLI GHABNTS;
PROHIBITING CERTAIN TYPES of PHYSICAL CONTACT pF.TtVEFN
EMPLOYEES AND PATRONS IN SUCH F. STARLFSHMF.NTS; Rf.QllI RING.
SEPARATE AREAS FOR ENTERTAINMENT AND PERFORM1IANCF, IN SUCH
F.STAAi.i SIiMENTS; PROHLBI TING THE CONSTRUCT iON, ?LM1INTENANCE
OR USE OF PARTITIONED OR SCREENED AREAS IN SUCH ESTAeLLSH-
MENTS; PROVIDFNG LEGISL.4T IVE FIND FNGS OF FACT; PROVLDI NG
PF:NALTIE S: PROVIDING FOR SEVERABltt TY AND AN F.FFF,CTIVE DATE;
AND REPEALING ALL ORDINANCES IN CONFLICT I1ERF.IVFTN.
BF TT ORDAINED BY THE GiTY COM11MI55IONEttS OF' THE CITY OF
LONGIV00D, FLORIDA, as Follows:
Section 1. Legislative Pindinas.
(a) The City Commission of the City of Lon G,+ood, Florida
Finds that there is Presently in the Seminole County/Orange County/
Net ropolitan area of which the City of Longwood, Florida is a Part,
an increasing trend to~eard nude and sema nude acts, exhibitions, and
entertainment, and toward the utilization of nude and semr nude
f female employees engaged in other serv rce orvented aspects of and by
the commercial establishments subject thereto.
(b) The City Commission of the City o£ Longwood, Florida
finds that the competitive commercial ezp to itat ion of such nudity is
adverse to the public's interest sn the quality of life, tone of
commerce, and total community environment zn the City of Longwood,
Florida.
(c) The City Commission of the City of Longwood, Florida
Finds that xhere is a d'i rect relationship he tree en the concurrent
c on sumPt ion o£ alcoholic beverages and the nude and sema-nude actrvr-
ties mantaoned above, prohibited hereunder, and more fully described
hereinafter, and an increase an criminal actrvi ties, moral degrad~-
tron and disturbances of the peace and good order oG the community,
and further finds that the concurre of these actav rtaes rs
hazardous to the health and safety o£ those persons in attendance,
and Lanes to aeprecaato the value o£ adjoining Property and harm
the economic welfare of the community as a whole.
(d) The City Commission of the C1 ty of Long~vood, Pla ride
finds xhax in order ton serve the Public p ce. and good order, and
to safeguard the health, safety and wel Fare of the community and
the <a tv_ans ehereo£, it vs necessary end advisable to ro gulate and
restrict the conduct o£ owne ., n ator e employees and 1
patrons of commercial establishments subject thereto.
Seceion 2. Authority' Purpose' Area of EnforcemenT.
This ordinance is enacted under the Home Rule Power of
the City of Longwood, Florida in the interest of the puhlic health,
safety, morals and general wel{are of the cst ~.z ens and inhabi-
tants of the Cixy of Longwooa, Florida, ana under the authority of
the City of Longwood, Plorida to gulate the sale and cons mp ti on of
alcoholic beverages under the Twenty-First Amendment to the Constitution
o£ the t)nixed States. This ordinance shall be affective in the City
o£ Longwooa, Floriaa.
Sec Lion i. -ef in ition s. The following definitions shall -
apply in xhis ordinance:
(a) "Class 1 establishment" means any commercial esteblish-
meni located ,within the City of Longwood, Florida at which alcoholic
beverages, beer or wtne are offered for sale for cons umPtion on the
(67 "Class 2 establishment" moans any co mmexcia] establish-
ment located within the City of Longwood, Florida to which the genera3
public is admitted, has access or is inv ~.t ed, or xo which Persons are
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admitted for a consideration which consideration shall include,
withoux 13m ixa ti on, membership fees, dues or admission charges, and
at which alcohol i< beverages, beer or wine are dispensed or consumed
on the premises.
(c) "Commercial" moans opera tad for n unrary g n,
which shall be presumed Fox any establishine nt which has race rued
an occuP axional license. For Purposes of this ordinance, operation
for pecuniary gain shall not depend on actual Profit or loss.
(dJ "Establishment" means a physical plant or location
or the commercial activities or operations being conducted, or both
together, as the conxext of this ordinance may reyvire.
(e) "Premises" means a physical plant or location covered
Gy a single roof or with a single or shared ant ran if not covered
by a single roof, and shall include any st rucxu tructures or land,
or contiguous structures or land, under common control, whether such
control exists by oxnersh ip or other possessory right.
[£) "Alcoholic beverage" means a1.E beverages con talning
more xh an one percent (1&) of alcohol by weight.
Section 0.. Prohibition. It shall be unlawful for any
yerson marntarn ing, owning or operating a Class 1 es ce blishment or
a class 2 establishment to suffer or Permit any Person to engage in
the following on the premises of that establishment:
(a) The actual or srmul ated displaying of the gee at als,
vulva, pubic area, buttocks or anus.
(b) The actual or sr mul at ed displaying by a female of
the area of the human breast at or below the areol a. The areola is
the colored ring around the nipple.
Section 5. Pt ohibition. Ix shall be unlawful for any
p ers while on the prem.vs es of a C1 ass 1 establishment or a Cl as.s
Z establishment to engage in the following:
(a7 The actual or srmulat ed displaying o£ the genitals,
vulva, pubic ar buttocks or anus.
(b) The actual or srmvl aced displaying by a femalo of
that area of the human breast at or below the ar col a. Tha areola Ss
the colored ring around the nipple.
Section 6. Prohibition.
(a) tt shall be unlaw£ul for any enYerY ainex ox performer
or mpl oyee, while on xhe pram YSes of a Class 1 establishment or a
Class 2 establishment to dance with any patron, spectator, other
entertainer or Per £orm r, r other person there o stt rn the lap
of, or to sit up or straddle the leg, legs, lap or torso of any
patron, spectator, enTe rT arncr or other performer, or other person
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therein, or xo rn any manner engage rn or srmulate sexual activity
or dancing while touching or being touched by said patron, spectator,
other entcrtarner or pe rformcr, or other person.
(b) it shall be unlawful for any entertainer o _erformer
described 'in sec to on 6(a) abov o entertarn or porform except within
an xr ea wh i.ch is physically separated from areas occupied by or avail-
able eo pax tuns or other persons on the pr emrses of the commerc ral
esYabl ishment subject hereto.
(c) The physical se-ara ti on Pre seribod in section fi(6J
above, she 11 be acc mplished by rarsing the area for enxcrtarnment or
performance IR inches above xhe immediately surrounding area and by ~-
morn tarni ng a distance of ax least three (3) feet between the enter-
tainment or performance area and xhe immediately surrounding area.
(d) It shall. be unlawful for any person mx-r ntarn l.ng,
owning or operating a Class I establishment or a Class 2 esxablish-
ment to suffor or permit any violate on oC sectron 6(a) through 6(c)
above.
Section 7. Ant im inpling. No person engaging in nude or
semr nude entertainment shall leave the entertarnment ar def i.ned
above, during the course of any performance or cote rTarnmenY. To
'~
spectator or patron shall be present in the ento rtarnment ar ,
defined above, during The course o£ any performance or ante rt a.r nment.
Section 8. Prohibit' It shall he unlawful for any
person maintaining, owning or operating e Class 1 est a611shm ant or
Class 2 establishment to suffer or permit the construction, maintenance
or use of areas partitioned or screened from public vrew that are
designed to be occupied or axe commonly occupied together by any
sons on the premises of such establishment for sexual contact or
private performances.
Se< n 9. Prohi bit It shall be unlawful for any
r
son, while on the p mrses of a Class 1 establ ishmeni or a Class
2 establishment to use or to be present in areas partitioned or
screened from public vrev that are designed to be oc pied toe th er
by any porsons on the premises of such establishment for sexual
contact or Private dancing Performances.
Sec n 10. Pres umP ti .4ny commercral establishment
Licensed by the State of ilorida for sale of alcoholic beverages,
beer or carne for consumpxion on the mrses rs presumed to be a
Class I establishment.
Section 11. Proof.
~'^ (a) In all actso rvil or cramrnal, for violation
of this ordinance, proof that the beverage was an alcoholic beverage,
beer or carne may be ma da by any pars who, by experience in the
t an handling or use o£ alcoholic beverages, beer or carne, or who
by taste, smell or drinking of such Iiq aids has knowledge o£ the
presence of tho alcoholic content thereof or the intoxicating effect
thereo4, es ti £y as to their opinion whether such beverage as
an alcoholic beverage, beer or i, rne.
(6J The presence of alcoholic content of any beverage,
beer or .v rne may be shoran by hydrometer or gravity rest made in or
arcay from the p sen<e of the fact finder by any person iaho has
kno~+iedge o£ the use of said instrument, but the Production of such
evidence is o-tio nal.
Section 12. Penalties. Any Parson ~aho violates any
section o£ this ordinance shall be prosecuted and punished 1n accord-
ance with Genoral I.aw. The City Commissioners o£ the City of Longwood,
Plorida may bring sort to restrain, nnjoin or otherwise prevent the
v rota tion of this ordinance in the Circuit Court of Seminole County,
Florida.
Section 13. Severabilixy_ ix is declared to he the
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antent of the City Commissioners of the City of Longwood, Florida
thax, if a ectt subsection, sentence, clause, phrase, or
nortton of this ordinance rs for any reason held invalid or unconstr
tuti ona] by any court of competent jnr isaicta uch portion shall
be deemed a separate, distinct and independent nrovr sion and such
holding shalt. not affect the valid ixy o£ the remar ning portions hereof.
Section ID. All ordinances or parts of ordinances to
conf li ce her ewi xh are M1ereby repealed.
Se< n 15. Effective Pate. This ordinance shall take
effect immediately u_ passage and adoption.,,~~ //
PASSED andnADOPTED this .7O `-{day of A.D., '~
1981.
FIRST READ INC,: o~C~ /%F/
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