§ 33.16. Certain Types of Conduct 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)
Commercial Establishment. The term "commercial establishment" shall mean any establishment which operates for pecuniary gain.
(b)
Lap. The term "lap" shall mean the area between a person's knees and his or her waist.
(c)
Patron. The term "patron" shall mean any person who is physically present on the premises of a commercial establishment and who is not an owner, employee, agent or subcontractor of said establishment or an entertainer or performer at said establishment.
(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.
(e)
Touching. The term "touching" shall include any form of intentional, interpersonal, physical, bodily contact, whether or not exposed or unclothed parts of the body are involved.
(2)
It shall be unlawful, while on the premises of a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises, for any owner, employee, agent or subcontractor of said establishment or for any entertainer or performer at said establishment:
(a)
to sit on or in or otherwise occupy the lap of any patron of said establishment; or
(b)
to touch the clothed or unclothed breast of any female patron; or
(c)
to touch the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; (provided, however, this provision shall not apply to a masseur licensed under the laws of the State of Florida while giving a bona fide massage); or
(d)
to suffer or permit himself or herself to be touched by any patron in either of the following clothed or unclothed areas of the body:
(i)
at any point below the waist and above the knee; or
(ii)
on the breast, if the owner, employee, agent, subcontractor, entertainer, or performer so touched is a female.
(3)
It shall be unlawful, while on the premises of a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises for any patron of said establishment:
(a)
to sit on or in or otherwise occupy the lap of any owner, employee, agent or subcontractor of said establishment or of any entertainer or performer at said establishment; or
(b)
to touch the clothed or unclothed breast of any female owner, employee, agent or subcontractor of said establishment or of any female entertainer or performer at said establishment; or
(c)
to touch the clothed or unclothed body of any owner, employee, agent, subcontractor, entertainer or performer below the waist and above the knee of said owner, employee, agent, subcontractor, entertainer or performer; or
(d)
to suffer or permit himself or herself to be touched by any owner, employee, agent or subcontractor of said establishment or by any entertainer or performer at said establishment in either of the following clothed or unclothed areas of the body:
(i)
at any point below the waist and above the knee;
(ii)
on the breast, if the patron is a female.
(4)
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:
(a)
suffer or permit any employee of or entertainer at said establishment to sit on or in or otherwise occupy the lap of any patron of said establishment; or
(b)
suffer or permit any employee of or entertainer at said establishment to touch the clothed or unclothed breast of any female patron; or
(c)
suffer or permit any employee of or entertainer at said establishment to touch the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; or
(d)
suffer or permit any employee of or entertainer or performer at said establishment to suffer or permit himself or herself to be touched by any patron in either of the following clothed or unclothed areas of the body:
(i)
at any point below the waist and above the knee; or
(ii)
on the breast, if the employee, entertainer, or performer so touched is a female.
(5)
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 patron of said establishment to sit on or in or otherwise occupy the lap of any employee of or entertainer or performer at said establishment; or
(b)
suffer or permit any patron of said establishment to touch the clothed or unclothed breast of any female employee of or entertainer or performer at said establishment; or
(c)
suffer or permit any patron of said establishment to touch the clothed or unclothed body of any employee of or entertainer or performer at said establishment below the waist and above the knee of said employee, entertainer or performer; or
(d)
suffer or permit any patron of said establishment to suffer or permit himself or herself to be touched by any employee of or entertainer or performer at said establishment in either of the following clothed or unclothed areas of the body:
(i)
at any point below the waist and above the knee; or
(ii)
on the breast, if the patron is a female.
(6)
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.
(7)
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)