Ordinance 529I'- ORDINANCE N0. 529 ~.
AN ORDINANCE OF THE CITY OF LON GIVOpD, FLORIDA, REGULATING
ND-P. AND SEhIT-NUDP. ENTERTAINMENT AS DEFINED; SETTING
PORTH L£GT SLAT NE PINDiNCS; PROVi-ING DEPLNI TI ONS;
PROHIBITING NUDE AND SF.AII-NUDE F.NTF.RTAINMENT E%CEPT 1N
COMPLfANCE IVI TII TIIiS ORDINANCE; PROHIBITING PHYSICAL
CONTACT HF,TW£EN ENTERTAINERS AND PATRONS; PROHIBITING
THE CONSTRUCTION, MAINTENANCE AND US F, OF PARTITIONED
OR SCREENED AREAS IN SUCH F,STABLI SHAIE NT S; RF,QUlftING
PHYSICAL SEPARATION OF AREAS FOR ENTERTAINMENT IN SDCH
ESTABI,I SHMF,NTS; PROVIDING FOR SEVF,RABI LITY AND PROVIDING
AN F,'FFECTIVE DATE; .4ND REPEALING ALL ORD INANCFS iN
CONFLICT HERFIVITH.
AE IT ORDAINED RY THE. CITY COMI~9I SSIONERS OF THE CITY OF
LONGtVOOD, FLORIDA, as follows:
~ Sec n I. Authority' Purpose' Area of Enforc emenT.
1
This ordinance is enacted under the home rule power of he City of
Longwood, Florida, and i.s enal~.t ed in xhc rnxerest of the public health,
peace, safety, morals and general welfare of the citizens and inhabi-
tants of the City of Longwood, Florida, and under the authority of the
C.i ey of Longwood, Florida to regulate businesses located within the
City of Lo ngwoad, Florida.
Sec n 2. Findings. The City Commission of the City o{
Longwood, Florida finds that:
(aJ There 1s presently in the Orange County/Sam inole
County/Me [roPOliean ar a, an increasing trend toward nude and sema-
~ nude ac exb ibi to ons and entertainment, and toward the ukillzation
of nude and semi-nude employees engaged in commercial activity in
establishments subject to this ordinance.
(6J The compexitvve commercial exp loitatien of such nudity
and .semi-nud.i ty is adverse to the public's interest in the quality
of life, tone of commarco, and total community environment xn the
City of Longwood, Florida.
(<7 Commercial exploi[ation of nudity and semr-nudity
cons rs es of the use OF nude and semr nude enterta inmenx rn connection
,a ith or for the -romotion of the sale of goads or services. Such
commercial ezp loitation also consists of the rec e.ipt of money by the
..r -~
person engaging in nude or semv nude entertainment in exchange far
or as consideration for a nude or semv nude performance by such
individual.
(d) In order to preserve the public peace end goad
order, and to safeguard the hm al th, safety end welfare of the
community end the citvzens thereof, it is necessary and advisable
to regulate and restrrct the conduct of owner., ators, agents,
employees, entartavne ,performers, o ro and persons on the
premises of Lha commercial es tabiishment subject hereto.
Section 3. Definitions. The following def initipns apply
lr an this ordinance.
(a) "C,omme rc ial" means operated for pecuniary ge in. Any
establishment which has an occupational license shall be presumed to
be a commerc val" establishment for the purposes oC this ordinance.
For Furposes of this ordinance, operation for pec unanry gain shall not
depend on actual Profit or loss.
(b) "FS to bli shmen t" means the Flaco whero one is fixed for
residence or business, including ground, furniture, and equipage.
(c) "Premises" means a building that is under one roof or
has common entrances.
~ (d] "NUdo or semi-nude entertainment" consists of the
following:
(3) The actual or simulated di spl eying of the
genitals, vulva, pubic ar a, buttocks or anus.
(2) The actual or simulated disPl aging by a female
of the area of xhe human breast at or below the areola. The areola
as the colored ring around the nipple.
(e) "Person" means individuals, firms, associations,
joint ventures, partnerships, estat rus business trusts,
syndicates, fi du<i arias, corporations, and all other groups or
combinatao ns.
I'
(f) "C.i ty Commi ss ion" means the City Commissioners of
the Cixy of Longwood, Pl orida.
Section 4. Scope. This ordinance applies to any commer-
cial estabiishment in the City of Longwood, Florida at which nude or
semi. nude ente rt arnment occurs.
Section 5. Prohibition. No Person maintaining, owning,
or operating a commercial establishment at which nude or sema-nude
entertainment occurs .shall knowingly suffer or Pcrmrt any person to
engage in nude or semi-nude enterta rnment ex rn c mnl'ance with
this ordinance. Knowledge shall be presumed if any person main tanning,
owning, or operating a commercral establishment advertises, or know- 1
angly Permixs adve rt iseme by signs or any other Form of cemmunvca-
tio located or disseminated on or off the premises, thax nude or
semr nude entertainment is offered or occurs at the commercial estabiish-
ment in yvestion.
Section 6. Proh ihit' No person shad engage in nude
or semv nude entertainment at any commercral estabiishment in the
Cixy of Longwood, Fiori da, except in compliance with xhis ordinance.
Section I. Prohibition. tt shall ba unlawful for any
entertainer or performer or employee, wdtile on the pram is es of a
commerc ra] es tabu shme nt regulated under this ordinance, to dance with,`
any patron, spectator, or other en ter tanner or performer or other person,
or to sit upon or straddle the leg, legs, lap, or xorso of any patron,
spectator, other entertainer or performer, or other person therein, or
to rn any manner engage rn or simulate sexual act rv ity or dancing
iahile touching or being touched by said patron, sPect ator, other
entertainer or performer, or other person.
Section 8. Area of Entertainment; Physical Eeparaxion
Required. It shall be unlawful for any en tertarn employee, or
performer described in Section ], above, and subject to regal axion
by this ordinance, to entertain or perform except within an area
wh i<h is physically separated from areas occupied or available to
patrons or other non-performing persons on the premises of the
commercial os xablishment subject hereto.
(a) The physical s _ ration prescribed in Section 8,
above, shall be ac< mpl.ished by raising the area for enterxainmont
or performance 18 inches above the immediately surrounding area or
by mat ntaaning a distance o£ at least three (3) feet between the
ente rtaanme nt or performance area and the immediately surrounding
^ area.
(b7 tt shall be unt awful for any Parson ma antarning,
oMning, r operating a commercial establishment regulated by xhis
ordinance to suffer o mtt any vtolation of Sections "!, B and
8(a) of this ordinan ca.
Section 9. Antim ingting. No person engaging in nude or
semi-nude en ter tarnmant shell leave the an to rtaa nmant area, defined
abov du rtng the course of xny performance or entertainment. No
specxator or patron sbm 11 be present in the enter to rnment area,
defined above, during the course of any DerEOrman ce or entertainment.
Section 10. Prohibition - Booths. It shall be unlawful
/~ {or any person matntaantng, wning or operating a commercial establish-
ment which advertises or knowingly permiYS nude or .s emx-nude enter-
tainment to suffer or permit the consxructaon, masnten an ruse of
areas partitioned or screened from public vtew that are designed to
be occupied or are commonly occupied together by any persons on the
pr emases of such establishment for sexual contact or private dancing
performances.
Section 11. Prohibition - Booths. It shall he unlawful
for any person, while on the pr emas es of a commercial ns xabl ishment
which advertises or knowingly permits nude or semi-nude entertasnment
to use or xo be present in areas partitioned or screened from public
va a~a fhat era designed to be occup lad together by any persons on the
p rem xses of such establishment for sexual contact or private dancing
performances.
Sec n 12. Penalties. Any person who vro]ates any section
of this ordinance shall be p secuted and Funished in accordance
with general lai+. The City Comm.tssa on may bring suit to restra ,
enjoin, or otherv i.su Prevent the violation of this ord.i nance in the
Ci rcoit Court of Seminole Counxy, Florida.
Suction 13. Sever ab ill cy. It is declared to be the intunt
of the City Comm is sioncrs of the City of l.on gw ood, Florida that, if ---
any section, .subsection, sentence, clause, Phrase o ortion of this
ordinance is for any reason held inv al.id or unconstitutional by any
court of competent jnrisdie tton, .such portion shall bo deemed a
separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
Section 14. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 15. E{{eckiv¢ Date. This ordinance shall take
effect according to general law. nnn ,,,///
P.45SED and ADOPTED this /7u day of ~ 1
A.P. 1981.
FIRST READING: o(oZi-/~J~
Sf,COND READING: /.~ n!~/
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ATTEST:
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