2000-06 Amends Code - Alcoholic Beverages/NudityORDINANCE 06-2000
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF
ORDINANCES OF THE VILLAGE BY ADDING A SECTION 3-4 TO THE CODE OF ORDINANCES
PROHIBITING NUDITY AND PARTIAL NUDITY IN ESTABLISHMENTS WHERE ALCOHOLIC
E3F.VERAGES, BEER OR WINE, ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON
THE PREMISES; PROHIBITING ANY PERSON MAINTAINING, OWNING OR OPERATING SUCH
ALCOHOLIC BEVERAGE ESTABLISHMENTS FROM PERMITTING OR SUFFERING NUDITY
AND PARTIAL NUDITY WITHIN SUCH ESTABLISHMENT; PROHIBITING SEXUAL CONDUCT
WITHIN SUCH ESTABLISHMENTS; OPTING OUT OF SECTION 17-182 OF THE PALM BEACH
COUNTY ADULT ENTERTAINMENT CODE; MAKING LEGISLATIVE FINDINGS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING
FOIZ SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach (the "Village") considered the decisions of Citv of
Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985); Fillingim v. Boone. 835 F.2d 1389 (1 Ith Cir.
1988); Geaneas v. Willetts, 911 F.2d 579 (11th Cir. 1990); Sammy's of Mobile, Ltd. v. City of Mobile,
140 F.3d 993 (1 l th Cir. 1998); New York State Liquor Authority v. Bellanca, 452 U.S. 714, ] Ol S.Ct.
2599 (I 98 ] ); City of Newport v. lacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed; 479 U.S. 1047,
107 S.Ct. 913 (1986); _ Southern Entertainment Company of Florida, Inc. v. City of Boynton Beach, 736
F. Supp. 1094 (S.D. Fla. 1990); and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986),
specifically, and other decisions of the United States Supreme Court, the United States
Circuit Court for the Eleventh Circuit, and the State of Florida, generally, regarding the regulation of
establishments dealing in alcoholic beverages; and
WHEREAS, the Village enacts this ordinance in the interest of the public health, peace, safety,
morals and general welfare ofthe citizens ofthe Village of North Palm Beach, Florida, pursuant to Article
V I I1, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida
Statutes; and,
• WHEREAS, the Village is aware that local governments may, by virtue of the 21st Amendment
to the United States Constitution, regulate and prohibit various forms of actual and simulated nude and
se~:ual conduct within and around establishments dealing in alcoholic beverages; and
WHEREAS, the Village is aware that local governments may prohibit the exposure of certain
• body parts in and around establishments dealing in alcoholic beverages; and
WHEREAS, the Village is aware ofevidence from other communities which indicates that nudity
and sexual conduct, coupled with alcohol in public places, produces unhealthy behavior, and that
prostitution, attempted rape, rape and assault have occurred and have the potential for occurring in and
around establishments dealing in alcoholic beverages where nudity and sexual conduct is permitted; and
WIiEREAS, the Village is aware that local governments can consider the experiences of other
communities in deciding to legislate under the 21st Amendment of the United States Constitution; and
WHEREAS, the Village Council ofthe Village of North Palm Beach, Florida, finds and declares
that nudity and sexual conduct and depiction thereof, coupled with alcohol and public places, encourages
undesirable behavior and is not in the interest of the public health, safety and welfare; and
WHEREAS, the Village wishes to protect against similar conditions so that they do not occur in
North Palm Beach at or around establishments dealing in alcoholic beverages; and
WHEREAS, the Village wishes to regulate nudity and sexual conduct in and around
establishments dealing in alcoholic beverages.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Chapter 3, Alcoholic Beverages, of the Code of Ordinances of the
Village is hereby amended by adding a section 3-4 and to read as follows:
"Section 3-4. PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL,
CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS.
(A) Definitions.
(1) "ALCOHOLIC BEVERAGE ESTABLISHMENT" means any
• business or commercial establishment whether open to the public at large or entrance is limited by
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cover charge or membership requirements, including those licensed by the state for sale and/or
• service of alcoholic beverages, which include but are not limited to any bottle club, hotel, motel,
restaurant, night club, country club, cabaret, and meeting facility located in the Village of North
Palm Beach, in which alcoholic beverages, beer or wine are, or are available to be sold, dispensed,
served, consumed, possessed or offered for sale for consumption on the premises.
(2) "NUDITY" means the showing or exposing to public view the
human male or female genitals, pubic area, vulva, buttocks, anus, anal cleft or cleavage, or any
portion of the foregoing specified anatomical areas, or any simulation thereof; the showing of or
exposing to public view any portion of the human female breasts any portion thereof encompassed
within an area falling below the horizontal line one would have to draw to intersect a point above
the top of the areola, or any portion of the areola, or any simulation thereof. This definition shall
include the entire lower portion of the human female breast, but shall not include any portion of the
cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other
wearing apparel, provided the areola is not so exposed.
(3) "PARTIAL NUDITY" means the showing or exposing to
public view of the human male or female genitals, pubic area, buttocks, or any portion thereof, with
less than a full opaque covering; the showing or exposing to public view of the female breast or any
portion thereof, with less than a full opaque covering; or the showing or exposing to public view,
or depiction of, covered male genitals in a discernibly turgid state.
(4) "PROHIBITED SEXUAL CONDUCT" means the engaging
in of any sexual intercourse, masturbation, sodomy, beastiality, oral copulation, flagellation, any
• sexual act which is prohibited by law, any touching, caressing or fondling of the breasts, buttocks
or any portion thereof, or anus or genitals, or the simulation thereof.
• (B) Nudity, Partial Nudity and Sexual Conduct.
(1) It shall be unlawful for any person maintaining, owning,
managing or operating an alcoholic beverage establishment to knowingly or with reason to know,
suffer or permit nudity or partial nudity or acts of sexual conduct to occur on the premises of such
alcoholic beverage establishment.
(2) It shall be unlawful for any person, while on the premises of
a alcoholic beverage establishment to show or expose to public view any portion of his or her
anatomy, defined herein as nudity or partial nudity or engage in acts of sexual conduct.
(3) No person shall show or expose to public view his or her
genitals, pubic area, vulva, buttocks, anus, anal cleft or cleavage, or any portion of the foregoing
specified anatomical areas, or any simulation thereof in any alcoholic beverage establishment.
(4) No female person shall show or expose to public view any
portion of her breasts, as defined in this Article, encompassed within an area falling below the
horizontal line one would have to draw to intersect a point immediately above the top of the areola,
or any portion of the areola, or any simulation thereof, in any alcoholic beverage establishment.
(5) No person maintaining, owning, or operating an alcoholic
beverage establishment shall suffer or permit any person to expose to public view his or her buttocks,
anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or simulation
thereof, within such alcoholic beverage establishment.
(6) No person maintaining, owning or operating an alcoholic
• beverage establishment shall suffer or permit any female person to expose to public view any portion
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of her breasts, as defined in this Article, encompassed within an area falling below the horizontal line
• one would have to draw to intersect a point immediately above the top of the areola, or any portion
of the areola, or any simulation thereof, within such alcoholic beverage establishment.
(7) No person shall engage in, and no person maintaining, owning
or operating an alcoholic beverage establishment shall suffer or permit, any sexual intercourse,
masturbation, sodomy, beastiality, oral copulation, flagellation, any sexual act which is prohibited
by law, any touching, caressing or fondling of the breasts, buttocks or any portion thereof, or anus
or genitals, or the simulation thereof, within such alcoholic beverage establishment.
(C) Enforcement and Penalties.
(1) If the owner, operator, licensee, lessor, lessee, manager,
employee, or any other person participating in the operation of an alcoholic beverage establishment
shall be convicted of any of the offenses designated in this Article then the Village Manager shall,
unless good cause to the contrary be shown, revoke the occupational license for said establishment
after giving a reasonable notice thereof to the holder of said license and affording the holder an
opportunity to be heard as to why the revocation should not be issued.
(2) In addition to the revocation of occupational license, any
person violating this section of the ordinance shall be guilty of a misdemeanor and punishable under
Section 1-8 of the Code of Ordinances of the Village to a fine not exceeding five hundred ($500.00)
dollars or imprisonment for a term not exceeding six (6) months, or by both such fine and
imprisonment.
(3) In addition to the foregoing enforcement procedures,
establishments dealing in alcoholic beverages not in conformity with these requirements, shall be
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subject to the appropriate civil action in the court of appropriate jurisdiction. The Village may sue
• auy person or entity found to be in violation of this ordinance to enjoin either temporarily or
permanently, or both, any of the activities prohibited by this ordinance.
Section 2. The Village Council of the Village of North Palm Beach, Florida,
hereby opts out of Section 17-182 of the Palm Beach County Adult Entertainment Code relating to
prohibitions at establishments allowing alcoholic beverages.
Section 3. 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
Section 5 This Ordinance shall take effect immediately upon passage.
Y1,ACED ON FIRST READING THIS 10TH DAY OF FEBRUARY , 2000.
I'I,ACED ON PUBLIC HEARING THIS 24TH DAY OF FEBRUARY , 2000.
T'LACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF
FEBRUARY , 2000.
(VILLAGE SEAL) ~~d~ ~ ^G ~ •~
M YO
ATTEST:
VILLAGE CLERK
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