O-374-CCITY OF CLERMONT
ORDINANCE N0.374-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, TO BE KNOWN AS THE
CLERMONT ADULT ENTERTAINMENT CODE; CREATING
CHAPTER 95, ADULT ENTERTAINMENT CODE; PROVIDING
LEGISLATIVE FINDINGS; CREATING GENERAL
REQUIREMENTS FOR ADULT ENTERTAINMENT
ESTABLISHMENTS; CREATING OPERATING REQUIREMENTS
FOR ADULT ENTERTAINMENT ESTABLISHMENTS;
ESTABLISHING LOCATION AND DISTANCE REQUIREMENTS
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
FOR RECORD-KEEPING REQUIREMENTS FOR ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR
CRIMINAL PENALTIES AND PROHIBITED ACTS; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING FOR SEVERABILITY; PROVIDING CODIFICATION ;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the activities of certain commercial enterprises, that are appropriately
included within the definition of the term "adult entertainment establishment" or "sexually
oriented business," have resulted in the necessity for provisions regulating adult
entertainment establishments and sexually oriented business activities and the activities of
other similar businesses; and
WHEREAS, failure of the City of Clermont to ensure that adult entertainment
activities and sexually oriented business are appropriately regulated would adversely impact
the City insomuch as the City is a local government jurisdiction that is family oriented and
encourages economic and tourism development that focuses on and derives its economic
growth as a result of family oriented activities and events; and
WHEREAS, the City Council desires to protect and preserve the unique character of
Clermont as a family oriented attraction for families, tourists and businesses; and
WHEREAS, Clermont is a community that contains and is known for traditional
wholesome public recreation activities and family oriented facilities, such as by means of its
environmental resources and its proximity to such family oriented destinations as Walt
Disney World, MGM Studios, Universal Studios and Sea World; and
WHEREAS, the City Council finds and determines that the provisions contained
herein are the most reasonable and minimal restrictions required so as to regulate conduct
which is or could be adverse to the public order, health, safety, morals and welfare of the
citizens of Clermont; and
WHEREAS, the passage of this Ordinance is necessary to preserve the basic
character of Clermont; and
CITY OF CLERMONT
ORDINANCE N0.374-C
WHEREAS, sexually oriented businesses and adult entertainment establishments
require special supervision from the public safety agencies of the City in order to protect and
preserve the health, safety, order and welfare of the workers and patrons of such businesses
as well as the citizens of the City; and
WHEREAS, the City Council finds that sexually oriented businesses and adult
entertainment establishments are frequently used for unlawful sexual activities including, but
not limited to, prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulation of sexually oriented businesses and
adult entertainment establishments in order to protect the health and well-being of the
citizens Clermont; and
WHEREAS, there is convincing documented evidence that sexually oriented
businesses and adult entertainment establishments, because of their very nature, have a
deleterious effect on both the existing businesses around them and the surrounding
residential areas adjacent to them as well as other public and civic uses, causing increased
crime and the downgrading of property values and adverse impacts to economic and tourist
development programs and activities; and
WHEREAS, it is recognized that sexually oriented businesses and adult
entertainment establishments, due to their nature, have serious objectionable operational
characteristics, particularly when they are located in close proximity to each other, thereby
contributing to urban blight and downgrading the quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control these adverse impacts
and thereby protect the health, morals, good order, safety and welfare of the citizenry; protect
the citizens from increased crime; preserve the quality of life; preserve the property values
and character of surrounding neighborhoods and prevent the spread of urban blight; and
WHEREAS, the City Council has determined that locational criteria alone do not
adequately protect the health, good order, morals, safety and general welfare of the people of
this City; and
WHEREAS, it is not the intent of this Ordinance to unreasonably regulate any
speech activities protected by the First Amendment, but to enact acontent-neutral Ordinance
which addresses the secondary effects of sexually oriented businesses and adult
entertainment establishments; and
WHEREAS, it is not the intent of the City Council to condone or legitimize obscene
material or any other illegal activity and the Council recognizes that State and Federal law
prohibits the distribution of obscene materials and the Council expects and encourages local
and State law enforcement officials to enforce State obscenity statutes and related statutes
against any such illegal activity in the City; and
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WHEREAS, it is not the intent of this Ordinance to regulate the display of specified
anatomical areas incidental to a performance offered by a proprietary school licensed by the
State of Florida, a state college, community college, university or private school whether
supported partly or entirely by taxation or in any structure owned by a governmental entity
when part of a bona fide artistic display or production; and
WHEREAS, the Council finds that this Ordinance is consistent with the goals,
policies and objectives of the Clermont Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City
Clermont, Lake County, Florida, that:
Section 1. Recitals.
The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. Creation.
Chapter 95, of Clermont City Code, entitled Adult Entertainment, is hereby created to read as
follows:
Article I. In General
Sec. 95-1. Title.
This chapter shall be known as and may be referred to as the "City of Clermont Adult
Entertainment Code."
Sec. 95-2. Authority.
This chapter is enacted under the municipal home rule powers of the City of Clermont in the
interest of the health, peace, safety, morals, and general welfare of the citizens of the City of
Clermont and Lake County and under the authority of City of Clermont to regulate the sale
and consumption of alcoholic beverages under the Twenty-First Amendment to the
Constitution of the United States.
Sec. 95-3. Purpose.
The intent of the City Council of the City of Clermont in adopting this Chapter is to establish
reasonable and uniform regulations for the adult entertainment industry that will protect the
health, safety, property values and general welfare of the people, businesses and industries of
Clermont. It is not the intent of the Council to legislate with respect to matters of obscenity.
These matters are regulated by federal and state law, including Chapter 847 of the Florida
Statutes.
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ORDINANCE N0.374-C
Sec. 95-4. Findings of Fact.
Based on evidence and testimony presented at public hearings before the City Council and on
the findings incorporated in the United States Attorney General's Commission on
Pornography; the publication entitled "Protecting Communities from Sexually Oriented
Businesses," by Len L. Munsil, Southwest Legal Press, Inc.; the publication entitled "Local
Regulation of Adult Businesses," by Jules B. Gerard, West Group, Inc.; "A Summary of a
National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on
Property Values," conducted by the Division of Planning, Department of Metropolitan
Development, Indianapolis, January 1984; the publication entitled "Evidence of Secondary
Adverse Effects of Sexually Oriented Businesses" prepared by the Florida Family
Association, Inc. located in Tampa, Florida; the "Report to: The American Center for Law
and Justice on the Secondary Impacts of Sex Oriented Businesses," by Peter R. Hecht, Ph.D.;
the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses (Minnesota, June 6, 1989); and on the substance of and findings made or
incorporated in studies accomplished in other communities and ordinances enacted in other
communities including but not limited to Phoenix, Arizona; Garden Grove, California; Los
Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota;
Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont,
Texas; Houston, Texas; Seattle, Washington; Orange County, Florida; and Lake County,
Florida; the City Council of the City of Clermont hereby finds:
(1) Establishments exist or may exist within the City where adult material
constitutes a substantial portion of the material displayed, exhibited, distributed,
rented or sold, or offered for rent or sale.
(2) Establishments exist or may exist within the City and other nearby cities or
counties in Central Florida where adult entertainment activities in the form of nude,
semi-nude, or topless dancers, entertainers, performers, or other individuals, who, for
commercial gain, perform or are presented while displaying or exposing specified
anatomical areas or engage in straddle dancing or touching the customers.
(3) The activities described in subsection 1 and 2 occur at establishments which
operate primarily for the purpose of making a profit and, as such, are subject to
regulation by the City in the interest of the health, safety, economy, property values,
and general welfare of the people, businesses, and industries of the City. A major
industry which is important to the community's welfare is tourism by persons seeking
to bring children to visit attractions and attend events who wish to stay in a
community with a family atmosphere not dominated by commercialized sexual
themes.
(4) When the activities described in subsection 1 and 2 are present in
establishments, other activities which are illegal, unsafe or unhealthful tend to
accompany them, concentrate around them, and be aggravated by them. Such other
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activities include, but are not limited to, prostitution, pandering, solicitation for
prostitution, lewd and lascivious behavior, exposing minors to harmful materials,
possession, distribution and transportation of obscene materials, sale or possession of
controlled substances, and violent crimes against persons and property.
(5) When the activities described in subsection 1 and 2 are competitively
exploited in establishments, they tend to attract an undesirable number of transients,
blight neighborhoods, adversely affect neighboring businesses, lower real property
values, promote the particular crimes described above, and ultimately lead residents
and businesses to move to other locations.
(6) The establishments in which the activities described in subsection 1 and 2
occur are often constructed, in part or in whole of substandard materials, maintained
in a manner reflecting disregard for the health and safety of the occupants, and have
exterior signs or appearances that lower the surrounding property values and
contribute to urban decline.
(7) The activities described in subsection 1 and 2 sometimes occur in
establishments concurrent with the sale and consumption of alcoholic beverages
which leads to a further increase in criminal activity, unsafe activity, disturbances of
the peace and order of the surrounding community, creates additional hazards to the
health and safety of customers and workers and further depreciates the value of
adjoining real property harming the economic welfare of the surrounding community
and adversely affecting the quality of life, commerce, and community environment.
(8) In order to preserve and safeguard the health, safety, property values and
general welfare of the people, businesses, and industries of the City it is necessary
and advisable for the City to regulate the sale and consumption of alcoholic
beverages at establishments where the activities described in subsection 1 and 2
occur.
(9) Physical contact or touching within establishments at which the activities
described in subsection 1 and 2 occur between workers exhibiting specified
anatomical areas and customers poses a threat to the health of both and promotes the
spread of communicable and social diseases.
(10) In order to preserve and safeguard the health, safety and general welfare of the
people of the City, it is necessary and advisable for the City to regulate the conduct of
owners, managers, operators, agents, workers, entertainers, performers, and
customers at establishments where the activities described in subsection 1 and 2
occur.
(11) Requiring operators of establishments at which the activities described in
subsection 1, and 2 occur to keep records of information concerning workers and
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certain recent past workers will help reduce the incidence of certain types of criminal
behavior by facilitating the identification of potential witnesses or suspects, and by
making it difficult for minors to work in such establishments.
(12) Prohibiting establishments at which the activities described in subsection 1
and 2 occur from operating within set distances of educational institutions, religious
institutions, residences, areas zoned or designated for residential use, and parks, at
which minors are customarily found, will serve to protect minors from the adverse
affects of the activities that accompany such establishments.
(13) Straddle dancing, unregulated private performances, and enclosed adult
booths in establishments at which the activities described in subsection 1 and 2 occur
have resulted in indiscriminate commercial sex between strangers and poses a threat
to the health of the participants and promotes the spread of communicable and
sexually transmitted diseases. Straddle dancing is primarily conduct rather than
communication or speech.
(14) Workers at adult entertainment establishments and sexually oriented
businesses engage in a higher incidence of certain types of unhealthy or criminal
behavior than workers of other establishments including a very high incidence of
illegal prostitution or engaging in lewdness in violation of Chapter 796, Florida
Statutes, operation without business tax receipts, and illegal unlicensed massage.
(15) The practice of not paying workers at sexually oriented businesses and
requiring them to earn their entire income from tips or gratuities from their customers
who are predisposed to want sexual activity has resulted in an extremely high, nearly
universal, incidence of prostitution and crimes related to lewdness by workers.
(16) Sexually oriented businesses involve activities that are pure conduct engaged
in for the purpose of making a profit, rather than speech or expressive activity and,
therefore, are subj ect to and require increased regulation to protect the health, welfare
and safety of the community.
(17) Requiring sexually oriented businesses to post a listing of services provided
and restrict services to those listed as well as maintaining worker records will
discourage incidents of criminal behavior such as lewdness and prostitution thereby
further safeguarding the health of both workers and customers and will assist
facilitating the identification of potential witnesses or suspects if criminal acts do
occur.
(18) A high incidence of lewd acts by customers and lewd or obscene acts by
workers occurs during private performances at adult entertainment establishments
when such performances take place in an area not occupied by a group of customers
and the performers and customers are confident that law enforcement personnel will
not identify them or observe their illegal activities.
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Sec. 95-5. Construction and Seyerability.
This Chapter shall be liberally construed to accomplish its purpose of regulating and
dispersing adult entertainment and related activities. Unless otherwise indicated, all
provisions of this Chapter shall apply equally to all persons, regardless of sex. Additionally,
if any portion of this Chapter, or any application thereof is declared to be void,
unconstitutional, or invalid for any reason, such portion or provision, or the application
thereof, shall be severable from this Chapter. The remaining portions and provisions of this
Chapter, and all applications thereof shall remain in full force and effect. No void,
unconstitutional or invalid portion or proscribed provision, or application thereof, was an
inducement to the enactment of this Chapter.
Sec. 95-6. Immunity From Prosecution.
Any law enforcement officer shall be immune from prosecution, civil or criminal, for
reasonable, good faith trespass upon an adult entertainment establishment while acting within
the scope of their authority.
Sec. 95-7. Definitions.
In addition to this definitions contained in Section 82-12 and other provisions of the City
Code, the following shall apply to this Chapter:
Educational Institution: A premises or site upon which there is an institution of
learning for minors, whether public or private, which conducts regular classes and/or
courses of study required for eligibility to certification by, accreditation to, or
membership in the State Department of Education of Florida, Southern Association of
Colleges and Secondary Schools, or the Florida Council of Independent Schools. The
term "educational institution" includes a premises or site upon which there is a
nursery school, kindergarten, elementary school, junior high school, senior high
school, or any special institution of learning. However, the term "educational
institutional" does not include a premises or site upon which there is a vocational
institution, professional institution or an institution of higher education, including a
community college, junior college, four year college or university.
Operator: Any person who engages in or performs any activity necessary to, or
which facilitates the operation of an adult entertainment establishment, including but
not limited to, the licensee, manager, owner, doorman, bouncer, bartender, disc
jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist or
attendant.
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Specified Anatomical Areas:
~l) Less than completely opaquely covered:
(a) Human genitals or pubic region;
(b) Any part of the human buttocks; or
(c) Female breast.
(2) Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
(3) Any simulation of the above.
Specified Sexual Activity:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse,
sodomy or urolagnia;
(3) Fondling or other erotic touching of human genitals, pubic region,
buttock, anus or female breast; or
(4) Excretory functions as part of or in connection with any of the
activities set forth in subsections a, b or c above.
Straddle Dance: Also known as "lap dance," "face dance," or "friction dance" shall
mean either of the following acts at an establishment:
(1) The use by a worker of any part of his or her body to touch the genital
or pubic region of another person, or the touching of the genital or pubic
region of any worker to another person. It shall be a "straddle dance"
regardless of whether the "touch" or "touching" occurs while the worker is
displaying or exposing any specified anatomical area. It shall also be a
straddle dance regardless of whether the touch or touching is direct or
indirect; or
(2) The straddling of the legs of a worker over any part of the body of
another person at the establishment, regardless of whether there is a touch or
touching.
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Worker: A person who works, performs, or provides services at an adult
entertainment establishment, irrespective of whether said person is paid a salary or
wage and shall include, but is not limited to, employees, independent contractors,
sub-contractors, lessees, or sub-lessees who work or perform at an adult
entertainment establishment.
Secs. 95-7 - 95-30 Reserved.
Article III. General Requirements for all Adult Entertainment Establishments.
Section 95-31. Generally
Each adult entertainment establishment is subj ect to all of the following general requirements
and shall:
(a) Conform to all applicable building, fire, health, zoning and land use statutes,
Codes, ordinances and regulations, whether federal, state or local.
(b) Maintain a report of all persons who are workers, or who were workers at the
establishment or for the adult entertainment business during the previous month,
which report shall contain the actual legal name, date of birth, residential address and
stage name, if any, of each worker.
(c) Cover opaquely each window or other opening through which a person
outside the establishment may otherwise see inside the establishment.
(d) No exterior walls and/or surfaces of the establishment shall be painted in any
manner that depicts or simulates any specified anatomical areas, or any portion of a
male or female form at or below the clavicle.
(e) Install, construct, keep, maintain or allow only those signs at the
establishment which comply with the applicable sign ordinances and the provisions of
this subsection.
(1) No sign shall contain any flashing lights, photographs, silhouettes,
drawings or pictorial representations except for the logo of the establishment,
provided that the logo does not depict any specified anatomical areas, or any
portion of a male or female form at or below the clavicle.
(2) No sign shall contain in the name or logo of the establishment, or
otherwise, any words or material which depicts, describes, references or infers
in any manner sexual activities, specified anatomical areas, or the display of
specified anatomical areas.
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(3) The total signage for the establishment shall not exceed twenty-five
percent (25%) of any type of signage (wall or ground). No window signage
shall be allowed, other than that allowed in Sec. 102-7(3), Exempt signs, or its
successor, which allows for posting of hours of operation and emergency
phone numbers, with a maximum size of 2 square feet. In no case shall the
letters X be used.
(f) Each entrance and exit shall remain unlocked when any customer is inside.
Sec. 95-32. Adult Bookstores.
In addition to the general requirement for an adult entertainment establishment contained in
section 95-31, an adult bookstore shall not display merchandise or adult material in a manner
that allows such merchandise or adult material to be visible from outside the establishment.
Sec. 95-33. Adult Motion Picture Theaters.
In addition to the general requirements for an adult entertainment establishment contained in
section 95-31, an adult theater shall comply with each of the following special requirements:
(a) If an adult motion picture theater contains a hall or auditorium area, the area
shall have:
(1) Individual separate seats, not couches, benches or the like to
accommodate the number of persons allowed to occupy the area;
(2) A continuous main aisle alongside of the seating areas in order that
each person seated in the areas shall be visible from the aisle at all times;
(3) A sign posted in a conspicuous place at or near each entrance to the
hall or auditorium area which lists the maximum number ofpersons who may
occupy the hall or auditorium area, which number shall not exceed the number
of seats within the hall or auditorium area; and
(4) Sufficient illumination so that persons in all areas of the auditorium
can be seen.
(b) If adult motion picture theaters contain adult booths, each adult booth shall
have:
(1) A sign posted in a conspicuous place at or near the entrance which
states the maximum number of persons allowed to occupy the booth, which
number shall correlate with the number of seats in the booth;
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(2) A permanently open entrance not less than thirty-two (32) inches wide
and not less than six (6) feet high, which entrance shall not have any curtain
rods, hinges, rails, or the like which would allow the entrance to be closed or
partially closed by any curtain, door, or other partition.
(3) Individual, separate seats, not couches, benches or the like which
correlate with the maximum number of persons who may occupy the booth;
(4) Awell-illuminated continuous main aisle alongside the booth in order
that each person situated in the booth shall be visible from the aisle at all
times;
(5) Except for the entrance, walls or partitions of solid construction
without any holes or openings in such walls or partitions; and
(6) Illumination by a light bulb of no less than twenty-five (25) watts.
(c) If an adult motion picture theater is designed to permit outdoor viewing by
customers seated in automobiles, it shall have the motion picture screen so situated,
or the perimeter of the establishment so fenced, that the material to be seen by those
customers may not be seen by other persons from any public right-of--way, property
zoned for residential use, religious institution, educational institution or park.
Sec. 95-34. Adult Performance Establishment.
In addition to the general requirements for an adult entertainment establishment contained in
section 95-31, an adult performance establishment shall comply with each of the following
special requirements:
(a) Have a stage provided for the use by workers consisting of a permanent
platform (or other similar permanent structure) raised a minimum of eighteen (18)
inches above the surrounding floor and encompassing an area of at least one hundred
(100) square feet; and
(b) Any area in which a private performance occurs shall:
(1) Have a permanently open entrance not less than thirty-two (32) inches
wide and not less than six (6) feet high, which entrance shall not have any
curtain rods, hinges, rails, or the like which would allow the entrance to be
closed or partially closed by any curtain, door, or other partition; and
(2) Have a wall, floor to ceiling partition of solid construction without any
holes or openings, which partition may be completely or partially transparent,
and which partition separates the worker from the customer viewing the
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private performance.
(3) Have video equipment which continuously records the customer and
the performer during all performances. The videotape shall record the actual
time and date of each performance on the recorded image. The videotape
equipment shall be kept in good working order. Videotapes shall be
maintained for at least thirty (30) days after each performance and shall be
made available for inspection upon request by a law enforcement officer.
(4) Have a notice prominently posted within all customer areas which
states as follows in at least three (3) inch high black or red bold capital letters
on a white background: "THE CUSTOMER AND PERFORMER ARE
BEING VIDEOTAPED DURING ALL PERFORMANCES AS REQUIRED
BY CITY CODE SECTION 95-34."
(5) Not have any two-way mirrors, calling systems or other mechanisms
or methods used to warn or forewarn a worker or customer inside the private
performance area that another person is entering or may be about to enter the
private performance area.
(6) Have at least one manager station configured and positioned in a
manner that allows an unobstructed view from the station to every area in the
adult performance establishment in which any worker performs and every
area in which any customer is permitted to observe or interact with any
worker. The view required by this subsection shall be by direct line of sight
from the manager's station. Such view shall enable each worker and any
customer to see the manager and vice-versa. Each manager's station shall be
continuously staffed by a person designated as a manager during all
performances and shall not be staffed by any adult entertainment performers.
Sec. 95-35. Records and Inspection of Records.
(a) An adult entertainment establishment shall maintain a worker record for each
worker who currently works or performs at the establishment, and for each former
worker who worked or performed at the establishment during the preceding one (1)
year period.
(1) The worker record shall contain the current or former worker's full
legal name, including any aliases, and date of birth.
(2) The worker record shall also describe the status of each worker i.e.,
whether the worker is a paid employee, sublessee, independent contractor,
etc.
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(3) The worker record shall also contain a copy of any required City or
county Business Tax Receipt or adult entertainment license for any lessee, sub
lessee, independent contractor, or subcontractor who is not an employee of the
adult entertainment establishment.
(b) The original, or true and exact photocopies, of each required worker record,
customer contract and daily register required by this Article shall be kept available for
inspection at the establishment at all times.
(c) Each operator of the establishment shall be responsible for knowing the
location of the original, or true and exact copy, of each required worker record,
customer contract and daily register and shall make available such records upon
request of any law enforcement officer.
Sec. 95-36. Enforcement and Penalties.
The provisions of this Article maybe enforced by a suit brought by the City in the circuit
court to restrain, enjoin or prevent a violation of this Chapter or by criminal prosecution as
provided in the City Code.
Sec. 95-37. Prohibited Acts.
(a) Worker Performance Prohibitions. It shall be unlawful for a worker of an
adult entertainment establishment to commit any of the following acts or for an
operator of an adult entertainment establishment to knowingly or with reason to
know, permit or allow any worker to commit any of the following acts:
(1) Engage in straddle dancing with another person at the establishment.
(2) Offer, contract or otherwise agree to engage in a straddle dance with
another person at the establishment.
(3) Engage in any specified sexual activity at the establishment.
(4) Engage in nudity or display/expose any specified anatomical area at
the establishment whether or not such establishment sells, offers for sale or
allows consumption of alcoholic beverages.
(5) Display or expose any specified anatomical area while simulating any
specified sexual activity with any other person at the establishment.
(6) Engage in a private performance unless such worker is in an area
which complies with the requirements of section 95-34.
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(7) Intentionally touch the clothed or unclothed body of any person at the adult
entertainment establishment, at any point below the waist and above the knee
of the person, or to intentionally touch the clothed or unclothed breast of any
female person.
(8) Exception -Notwithstanding any provision to the contrary, it shall not
be unlawful for any worker or operator of an adult entertainment
establishment to expose any specified anatomical area during the worker's or
operator's bona fide use of a restroom or dressing room which is used and
occupied only by other workers or operators.
(b) Touching of Workers Prohibited. It shall be unlawful for any person in an
adult entertainment establishment to intentionally touch the clothed or unclothed
breast of a worker, or to touch the clothed or unclothed body of a worker at any point
below the waist and above the knee of the worker.
(c) Advertising Prohibited. It shall be unlawful for any operator of an adult
entertainment establishment to advertise, encourage, or promote any activity
prohibited by this Article or any applicable State statute or ordinance.
(d). Minors Prohibited. It shall be unlawful for an operator or worker of an adult
entertainment establishment to knowingly, or with reason to know, permit or allow a
person under eighteen (18) years of age to enter or remain in the establishment,
purchase goods or services at the establishment or work or perform at the
establishment.
(e) Exceeding Occupancy Limits. It shall be unlawful for any person to occupy
an adult booth in which booth there are more people than that specified on the posted
sign required by this Chapter.
(f) Hours of Operation. It shall be unlawful between the hours of 2:00 a.m. and
9:00 a.m. of any day of the week for:
(1) An operator of an adult entertainment establishment to allow such
establishment to remain open for business, or to allow or permit any worker
to engage in a performance, solicit a performance, make a sale, provide a
service, or solicit a service.
(2) A worker of an adult entertainment establishment to engage in a
performance, solicit a performance, make a sale, solicit a sale, provide a
service or solicit a service.
(g) Solicitation of Personal Advertising. It shall be unlawful for any worker of an
adult entertainment establishment while situated outside any structure at the adult
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entertainment establishment, or at a place at the adult entertainment establishment
where the worker is visible from any public right-of--way or sidewalk, to display or
expose specified anatomical areas or to engage in personal advertising, pandering, or
solicitation, whether passive or otherwise, on behalf of the worker, any other worker,
or the adult entertainment establishment. "Personal Advertising" is defined as
encouraging or enticing, by direct or indirect means, potential customers outside the
adult entertainment establishment to enter the adult entertainment establishment.
Additionally, it shall be unlawful for an operator or any worker to permit, or allow
any door that is visible from apublicright-of--way or sidewalk to be opened or remain
opened except when a person is entering or exiting the establishment.
(h) Allowing Customers to Engage in Specified Sexual Activity. It shall be
unlawful for a worker of an adult entertainment establishment to knowingly, or with
reason to know, permit, entice or allow a customer to engage in any specified sexual
activity at the establishment while remaining in the presence of a worker.
(i) Sale of Alcoholic Beverages. It shall be unlawful for any person to sell,
dispense or consume alcoholic beverages, or for any operator or worker, to permit any
person to sell, dispense or consume alcoholic beverages on the premises of an adult
entertainment establishment. The premises for purposes herein shall include but not
be limited to any and all outside areas, including the parking lot.
(j) Operation in Violation of Chapter. It shall be unlawful for any adult
entertainment establishment to operate in violation of any provision of this Chapter.
Sections 95.38- 95.50 reserved.
Article IV Adult Entertainment Establishments Locational Criteria.
Sec. 95.51 Locational Criteria.
In addition to those requirements for adult entertainment establishments set forth in Article
III of this Chapter, adult entertainment establishments shall comply with the following
Locational criteria:
(a) Zoning. Notwithstanding any other provision herein, or any other provision
of the City Code or Land Development Regulations, no person shall propose,
cause or permit the operation of, or enlargement of an adult entertainment
establishment unless the establishment is located in the M-1 zoned district
with an approved conditional use permit.
(b) Distance Minimums. In addition to the zoning requirements set forth in
above, an adult entertainment establishment shall not be allowed to open, operate, or
be enlarged within any of the following distances:
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CITY OF CLERMONT
ORDINANCE N0.374-C
(1) 1500 feet of a preexisting religious institution;
(2) 1500 feet of a preexisting educational facility;
(3) 1500 feet of an area zoned within the city, county or other
municipality as a residential district as defined by each governmental entities
respective zoning Code;
(4) 1500 feet of the property line of a preexisting residence in the city,
county or other municipality;
(5) 1500 feet of a preexisting park, or
(6) 1500 feet of a preexisting adult entertainment establishment.
(c) Enlargement. In this subsection the term "enlargement" includes, but is not
limited to, increasing the floor size of the establishment by more than ten (10)
percent.
(d) Supplemental to Alcoholic Beverage Regulations. The zoning and distance
requirements of this section are independent of and do not supersede the distance
requirements for alcoholic beverage establishments which may be contained in other
laws, rules, ordinances or regulations.
Sec. 95.52 Measurement of Distance.
The distance from a proposed adult entertainment establishment to a preexisting adult
entertainment establishment, a preexisting religious institution, a preexisting educational
institution, an area zoned for residential use, a preexisting residence, a preexisting park, or a
preexisting commercial establishment that sells or dispenses alcohol for on-premises
consumption shall be measured by drawing a straight line between the closest property lines
of the proposed adult entertainment establishment and the preexisting adult entertainment
establishment, the preexisting religious institutions, the preexisting educational institution, an
area zoned for residential use, an area designated on the future land use map as residential,
the preexisting residence, the preexisting park, or the preexisting commercial establishment
that sells or dispenses alcohol for on-premises consumption.
Sec. 95.53 Nonconforming Uses.
Any adult entertainment establishment existing prior to adoption of the City of Clermont
Adult Entertainment Code and not meeting all requirements of the City of Clermont Adult
Entertainment Code shall be considered a nonconforming use.
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CITY OF CLERMONT
ORDINANCE N0.374-C
Section 3. Conflicts.
All Ordinances, resolutions, land development regulations or parts thereof, in conflict with
the provisions of this Ordinance are hereby repealed.
Section 4. Severability.
If any section, sentence, phrase, word or portion of this Ordinance is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or
impair the validity, force or effect of any other section, sentence, phrase, word or portion of
this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional.
Section 5. Codification.
The provisions of Sections 1 and 2 of this Ordinance shall be codified as and become and be
made a part of the Code of Ordinances of the City of Clermont. The Sections of this
Ordinance may be renumbered or re-lettered to accomplish such intention and the word
"Ordinance", or similar words, maybe changed to "Section," "Article", or other appropriate
word. The Code codifier is granted liberal authority to codify the provisions of this
Ordinance.
Section 6. Effective Date.
Effective Date. This ordinance shall be published as provided by law and shall take effect as
provided bylaw upon its Second Reading and Final Passage.
PASSED AND ORDAINED BY the City Council of the City of Clermont, Lake County,
Florida on this 24th day of November, 2009.
ONT
d
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Harold S. Turville, Jr., Mayor
Attest: ,~
Tracy Ackroyd, City Clerk
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