§ 37.02. Definitions.

For purposes of this chapter, the following terms, phrases, words, and their derivatives have the meanings expressed thereafter, unless the context clearly requires otherwise.

(a)

Adult bookstore means an establishment where a substantial portion of the items, material, goods, or products sold or rented, offered for sale or rent, displayed, or exhibited constitute adult material.

(1)

For purposes of the definition of adult bookstore, the term "substantial portion" means more than an insignificant or incidental portion. The term "substantial portion" does not necessarily mean a majority or predominant amount.

(2)

Whether the adult material constitutes a substantial portion of the items sold or rented, offered for sale or rent, displayed, or exhibited at a commercial establishment does not depend upon a specific percentage or ratio.

(3)

Whether adult material that is sold or rented, offered for sale or rent, displayed, or exhibited constitutes a substantial portion may be determined by evidence relating to some, but not necessarily all, of the following factors:

(i)

The amount of floor area, wall area, or display area dedicated to adult material.

(ii)

The amount of adult material sold or rented, offered for sale or rent, displayed, or exhibited.

(iii)

The visibility, prominence, or accessibility to customers of adult material.

(iv)

The retail value of the adult material sold or rented, offered for sale or rent, displayed, or exhibited.

(v)

Whether minors are excluded from the establishment.

(vi)

Any other fact, circumstance, or evidence that is relevant to demonstrate the type and quantity of material that the establishment sells or rents, offers for sale or rent, displays, or exhibits.

(b)

Adult dancing establishment means a commercial establishment that permits, suffers, or allows workers to display or expose specified anatomical areas.

(c)

Adult entertainment facility means any adult bookstore, adult dancing establishment, adult motion picture theater, commercial physical contact establishment, or body art shop where procedures are conducted on specified anatomical areas and are viewed by persons other than the artist and one other person with consent of the client.

(d)

Adult material means any one or more of the following, regardless of whether it is new or used:

(1)

Book, magazine, periodical, or other printed matter, or photographs, films, motion pictures, videotape, slides, computer digital graphic recording, or other visual representation, or compact disks, audio recording, or other audio matter, that have as their primary or dominant theme matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or

(2)

Instrument, novelty, device, or paraphernalia that is designed for use in connection with specified sexual activities, excluding bona fide birth control devices.

(3)

Package, box, container, or like matter, displaying image or text on the exterior thereof that falls under the definition of adult material.

(e)

Adult motion picture booth means an enclosed area within an adult motion picture theater designed or used for the viewing of motion pictures.

(f)

Adult motion picture theater means a building, or a portion or part of a building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used to present on a regular basis, for any form of consideration, film material that has as its primary or dominant theme matters depicting, illustrating, or relating to specified sexual activities, and includes any hotel or motel, boarding house, rooming house, or other lodging for transient customers that advertises the presentation of such film material.

(g)

Commercial means operated for pecuniary gain, regardless of whether or not a profit is actually realized. An establishment is presumptively commercial in nature if it has been issued a business tax receipt.

(h)

Specified anatomical area means:

(1)

less than completely and opaquely covered:

(i)

human genitals or pubic region;

(ii)

human buttock;

(iii)

human female breasts below a point immediately above the top of the areola; and

(2)

human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(i)

Specified criminal act means:

(1)

An offense under Chapter 794, Florida Statutes (sexual battery).

(2)

An offense under Chapter 796, Florida Statutes (prostitution).

(3)

An offense under Chapter 800, Florida Statutes (lewdness and indecent exposure).

(4)

An offense under Chapter 847, Florida Statutes (obscenity and material harmful to minors).

(5)

A felony offense under Chapter 893, Florida Statutes (controlled substances).

(6)

An offense under Chapter 895, Florida Statutes (racketeering).

(7)

An offense under Chapter 896, Florida Statutes (money laundering and unlawful financial transactions).

(j)

Specified sexual activities means:

(1)

human genitals in a state of sexual stimulation, arousal, or tumescence;

(2)

acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia, or zooerasty;

(3)

fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; and

(4)

excretory functions as part of or in connection with any of the activities set forth in through (3) above.

(k)

Worker means a person who works or performs at or for an adult entertainment facility, regardless of whether the person is paid a salary or wage. "Worker" includes without limitation an employee, independent contractor, subcontractor, performer, entertainer, lessee, or sublessee who works or performs at or for an adult entertainment facility. A "worker" may also be an operator, director, manager, or owner.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)