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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.