1995-37 Amends Code on Adult Entertainment1
ORDINANCE NO. 37-45
1
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING PORTIONS OF SECTION 45-20 OF ARTICLE II OF
APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE WHICH
HAD BEEN CREATED BY ORDINANCE 22-95 OF THE VILLAGE TO PROVIDE FOR
ZONING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS,
APPLICABILITY OF THE COUNTY "ADULT ENTERTAINMENT CODE" AND FOR
OTHER PURPOSES; AMENDING SUBSECTION (1) RELATING TO LEGISLATIVE
INTENT; AMENDING SUBSECTION (2), FINDINGS OF FACT; AMENDING
SUBSECTION (4), PROHIBITED LOCATIONS; AMENDING SUBSECTION (7),
NONCONFORMING USES; AMENDING SUBSECTION (8), SUPPLEMENTAL
ADMINISTRATIVE REQUIREMENTS; ADDING A NEW SECTION (9) PROHIBITING
DISPLAY OF SPECIFIED ANATOMICAL AREAS ON PREMISES WHERE ALCOHOLIC
BEVERAGES ARE SOLD, DISPENSED OR CONSUMED; ADDING A SECTION (10)
REQUIRING DISCLOSURE OF NAMES, ALIASES AND DATES OF BIRTH OF ALL
EMPLOYEES IN ADULT ENTERTAINMENT ESTABLISHMENTS; RENUMBERING
SUBSECTION 9, ENFORCEMENT, TO SUBSECTION (11); PROVIDING FOR
SEVERABILITY; PROVIDING FOR THS REPEAL OF ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Subsection (1) of Section 45-20 of Article II
of Appendix C-Zoning of the Code of Ordinances of the Village of
North Palm Beach is hereby amended to read as follows:
"Section 45-20 Adult Entertainment Establishment.
(1) Legislative Intent. The intent of the Village
1
Council in adopting this Section 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 the Village of North Palm
Beach. It is not the intent of the Village 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. It is not the intent of the Village Council in adopting
this section to condone distribution of obscene materials.
This section is intended to provide for the proper
location of adult entertainment establishments in the C-1
Neighborhood Commercial District and to protect the integrity of
adjacent neighborhoods, educational institutions, religious
institutions, parks and other commercial enterprises. Proper
separation of adult entertainment establishments prevents the
creation of "skid-row" areas in the Village which results from the
concentration of these establishments and their patrons. It is the
intent to limit the secondary effects of adult entertainment
establishments as set out in the findings of fact contained within
the Palm Beach County "Adult Entertainment Code," Ordinance No. 88-
31.
The locational restrictions contained in this section
should not be construed as to apply only to those residential
zoning districts, religious institutions, educational institutions,
parks and other commercial enterprises which cater to or are
attended by persons under eighteen (18) years of age. The
' restrictions within this section are also intended to ensure that
2
' residential zoning districts, educational institutions, religious
institutions, parks and other commercial enterprises are located in
areas free from the secondary effects of adult entertainment
establishments.
The location of residential zones, educational
institutions, religious institutions, parks and other commercial
enterprises within viable, unblighted and desirable areas support
the preservation of property values and promote the health, safety
and welfare of the public at large."
Section 2. Subsection (2) of Section 45-20 of Article II
of Appendix C-Zoning of the Code of Ordinances of the Village is
hereby amended to read as follows:
"(2) Findings of Fact. Based on the evidence and
testimony presented at first reading and public hearing, the
Village Council of the Village of North Palm Beach reaffirms the
findings of fact contained within the Palm Beach County Adult
Entertainment Code and on the findings incorporated in the United
States Attorney General's Commission on Pornography (1986): "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,
City of Indianapolis, January 1984; the "Study of the Effects of
Concentration of Adult Entertainment Establishments in the City of
Los Angeles," conducted by the Planning Committee for the Los
' Angeles City Council, June 1977; the study conducted by the City of
3
' Austin, Texas; the Metropolitan Bureau of Investigation (MBI) for
the Ninth Judicial Circuit (Orlando area); and information from
Tampa, Florida, detailing the effects of adult entertainment
establishments in the Tampa area.
In addition to the foregoing recitals, the Village
Council further finds that:
(a) The possession, display, exhibition,
distribution and sale of books, magazines,
motion pictures, prints, photographs,
periodicals, records, novelties
and devices which depict, illustrate, describe
or relate to "specific anatomical areas" or
' "specified sexual activities" as the terms are
defined herein are business activities that
exist or may exist within the Village.
(b) Businesses .where employees including
dancers and entertainers perform or are
presented while displaying or exposing
"specified anatomical areas" as that term is
defined herein exist or may exist
within the Village.
(c) Where the activities described in paragraphs
(a) and (b) above are present, the experience
of many other communities indicate that illegal
' activities tend to occur including, but not
4
limited to, prostitution, pandering,
solicitation for prostitution, lewd and
lascivious behavior, exposure of minors to
harmful materials, the possession, distribution
and transportation of obscene materials and of
controlled substances.
The Village Council further finds there is a direct
relationship between the display or exposing of specified
anatomical areas, and an increase in criminal activities, moral
degradation and disturbances of the peace and good order of the
community and the concurrences of these activities is hazardous to
the health and safety of those persons in attendance and tends to
depreciate the value of adjoining property and harm the economic
welfare of the community as a whole. These secondary effects are
adverse to the public's interest and quality of life, tone of
commerce and total community environment in the Village of North
Palm Beach.
The combination of the sale or consumption of alcoholic
beverages with the display or exposing of specified anatomical
areas is adverse to the public's interest and quality of life, tone
of commerce and total community environment in the Village of North
Palm Beach.~~
Section 3. Subsection (4) of Section 45-20 of Article II
of Appendix C-Zoning of the Code of Ordinances of the Village is
amended to read as follows:
5
"(4) Prohibited Locations.
(a) Notwithstanding any other provision of this
Code, or any provision of the Village planning, land development
and zoning regulations, no person shall propose, cause or permit
the operation of, or enlargement of, an adult entertainment
establishment which, while in operation or after enlargement, would
or will be located within One Thousand (1,000) feet of a pre-
existing commercial establishment that in any manner sells or
dispenses alcohol for consumption on premises within Five Hundred
(500) feet of Zoning District P, public district, within One
Thousand (1,000) feet of a pre-existing religious institution,
within Five Hundred (500) feet of a pre-existing educational
institution, child care facility, family day care home or community
residential home, within Two Hundred (200) feet of an area zoned
for residential use, within Two Hundred (200) feet of an area
designated as residential on the future land use map of the
Village's comprehensive plan, within Two Hundred (200) feet of the
lot line of a pre-existing residence, within Five Hundred (500)
feet of a pre-existing park, or within Two Thousand (2,000) feet of
another adult entertainment establishment.
(b) in addition to the distance requirements set
forth in subsection (a), an adult entertainment establishment shall
not be allowed to open, exist or do business anywhere except in the
C-1 zoning district where adult entertainment establishments are an
6
expressly permitted use subject to review by the Village Director
of Public Services for conformance with the requirements of the
Village's Land Development Regulations.
(c) The distance requirements of subsection (a) 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."
Section 4. Subsection (7) of Section 45-20 of Article II
of Appendix C-Zoning of the Code of Ordinances of the Village is
hereby amended to read as follows:
' "Nonconforming Uses. If any nonconforming adult business
ceases to do business for a continuous period of ninety (90) days,
it shall be deemed abandoned and shall not thereafter reopen except
in conformance with these regulations."
Section 5. Subsection (8) of Section 45-20 of Article II
of Appendix C-Zoning of the Code of Ordinances of the Village
is hereby amended to read as follows:
"Supplemental Administrative Reauirements.
(a) Rules of Construction. This section shall be
liberally construed to accomplish its purpose of
regulating and dispersing adult entertainment
establishments and related activities.
(b) Development Design and Improvement Standards.
7
The staff shall compare the official plans of the
Building Department and official zoning map against
the plan submitted.
(c) All adult materials shall be located and the
activities of employees which include the exposure
of specified anatomical areas shall take place
within the adult business premises.
(d) No adult materials or activities of employees
which include the exposure of specified anatomical
areas shall be visible from the exterior of the
adult business premises in any way including, but
not limited to, exterior apertures such as opened
doors and unobscured windows.
(e) No merchandise, advertising or depictions of
the activities of an adult business shall be
displayed on the exterior of the adult business
premises or in any location where they are visible
from public right-of-way.
(f) No adult business shall display a sign:
(1) Advertising the presentation of any
activity prohibited by Florida Statute law or any
applicable Village Ordinance; or
(2) Capable of leading a reasonable person to
believe that the establishment engages in an
activity prohibited by Florida Statute law or any
8
~~
applicable Village Ordinance.
(3) Containing any flashing lights,
photographs, silhouettes, drawings or pictorial
representations of any manner (except for the logo
of the establishment, provided the logo shall not
contain any specified anatomical areas, or any male
or female forms at or below the clavicle)."
Section 6. A new Subsection (9) is hereby added to
Section 45-20 of Article II of Appendix C-Zoning of the Code of
Ordinances of the Village and to read as follows:
(9) Di¢play or Exposure of Specified Anatomical Area.
It shall be unlawful for any person to display or expose any
specified anatomical area to others, regardless of whether such
person is actually engaging in dancing,' in any commercial
establishment where alcoholic beverages are, or are available to be
sold, dispensed, consumed, possessed, or offered for sale or
consumption on the premises. The penalty for violation of this
Subsection (9) shall be revocation of occupational license issued
by the Village."
Section 7. A new subsection (10) is hereby added to
Section 45-20 of Article II of Appendix C-Zoning of the Code of
Ordinances of the Village and to read as follows:
"(10) Disclosure of Names Aliases and Dates of Birth of
Employees. Owners and operators of all adult entertainment
9
' establishments in the Village shall disclose to the Village the
names, aliases and dates of birth of al.l employees in their
respective establishments. Such information shall be furnished the
Village in writing prior to issuance or renewal of an occupational
license of the Village and at such other times as requested by
Village officials. The failure to make such disclosure shall
result in either the loss of occupational license or the failure of
the Village to issue a new occupational license or renewal
thereof.~~
Section 8. Subsection 9 (Enforcement) of Section 45-20
of Article II of Appendix C-Zoning of the Code of Ordinances of the
' Village of North Palm Beach is hereby renumbered to Subsection
(11).
Section 9. If any section, paragraph, sentence, clause,
phrase or word of this ordinance is for any reason held by a Court
to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this ordinance.
Section 10 All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section it This Ordinance shall take effect
immediately upon passage.
PLACED ON FIRST READING TIIIS Qth _ DAY OF _Nnvpmhor __, 1995.
t
10
' PLACED ON PUBLIC HEARING THIS
1995.
14th DAY OF December
PLACED ON SECOND, FINAL READING AND PASSED THIS 14t.h DAY OP
December
(VILLAGE. SEAL)
ATTEST:
c ~'~ ~~~~
MAYOR
~~
VILLAGE CLERK
1
1995.
11.