§ 33.15. Certain States of Undress Prohibited on Premises of Commercial Establishments where Alcoholic Beverages are Possessed, Consumed, Purchased, Sold, Dispensed or Given Away.

(1)

For the purposes of this section, the following definitions shall apply:

(a)

Areola. The term "areola" shall mean the circular colored area which surrounds the nipple of a human female breast.

(b)

At or Below the Areola. The term "at or below the areola" shall mean the areola, the nipple of a human female breast, or that area of a human female breast below the areola thereof.

(c)

Commercial Establishment. The term "commercial establishment" shall mean any establishment which operates for pecuniary gain.

(d)

Premises. The term "premises" shall mean a building that is under one roof or has common entrances and the area immediately surrounding the building.

(2)

It shall be unlawful for any person maintaining, owning, operating or managing a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises of that establishment to:

(a)

suffer or permit any female person to expose to public view that area of her breast at or below the areola, including but not limited to exposure by the use of transparent tape; or

(b)

suffer or permit any female person to employ pasties or any similar device or covering which is intended to give the appearance of or simulate that area of her breast at or below the areola; or

(c)

suffer or permit any person to expose to public view his or her genitals, pubic hair, pubic area, vulva, buttocks or anus; or

(d)

suffer or permit any person to employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, pubic area, vulva, buttocks or anus.

(3)

It shall be unlawful for any person, while on the premises of a commercial establishment, at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises to:

(a)

expose to public view his or her genitals, pubic hair, pubic area, vulva, buttocks, or anus; or

(b)

employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, pubic area, vulva, buttocks or anus.

(4)

It shall be unlawful for any female, while on the premises of a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises to:

(a)

expose to public view that area of her breast at or below the areola; including but not limited to exposure by the use of transparent tape; or

(b)

employ pasties or any similar device or covering which is intended to give the appearance of or simulate that area of her breast at or below the areola.

(5)

For purposes of this section, a commercial establishment licensed by the State of Florida to dispense alcoholic beverages on the premises shall be rebuttably presumed to be a "commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises." Any establishment which has received an occupational license to operate commercially is presumed to be a commercial establishment.

(6)

Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 4-5-1982, Doc. #16891)