Chapter 26 - Businesses Chapter 26
BUSINESSES*
Article I. In General
Sec. 26-1. Roadside stands.
Sec. 26-2. Merchandising of tobacco products.
Sec. 26-3. Human trafficking public awareness signs.
Secs. 26-4-26-25. Reserved.
Article II. Escort Service Businesses
Division 1. Generally
Sec. 26-26. Title and citation.
Sec. 26-27. Definitions.
Sec. 26-28. Purpose and intent.
Sec. 26-29. Applicability.
Sec. 26-30. Enforcement.
Sec. 26-31. Location of service.
Sec. 26-32. Business records.
Sec. 26-33. Age limitation for patron.
Secs. 26-34-26-45. Reserved.
Division 2. Permit
Sec. 26-46. Required.
Sec. 26-47. Application.
Sec. 26-48. Age limitation.
Sec. 26-49. Term.
Sec. 26-50. Permit fee.
Sec. 26-51. Denial,revocation.
Sec. 26-52. Permit not exclusive.
Secs. 26-53-26-65. Reserved.
Division 3. License
Sec. 26-66. Required.
Sec. 26-67. Application.
Sec. 26-68. Term.
Sec. 26-69. Fee.
Sec. 26-70. Denial or revocation.
Sec. 26-71. License not exclusive.
Secs. 26-72-26-90. Reserved.
Article III. Convenience Store Security
Sec. 26-91. Title and citation.
*Cross references-Alcoholic beverages,ch. 6;amusements and entertainments,ch. 10;building trades, §22-161 et seq.;
cable communications,ch. 30;charitable solicitations,ch. 34;automotive fuel allocation,§38-86 et seq.;medical transportation
services,§50-51 et seq.;food service establishments,§66-86 et seq.;fair housing,§70-26 et seq.;taxation,ch. 126;vehicles for
hire,ch. 142.
Special act reference-Special acts pertaining to businesses,ch. 218.
State law references-Authority to regulate businesses,F.S. § 125.01(1)(i);authority to act in the common interest of the
people of the county and exercise all powers and privileges not specifically prohibited(all in a manner not inconsistent with law),
F.S. § 125.01(1)(w).
Lone
Supp. No. 84 CD26:1
COLLIER COUNTY CODE
Sec. 26-92. Definitions.
Sec. 26-93. Penalties.
Sec. 26-94. Applicability.
Sec. 26-95. Security requirements.
Secs. 26-96-26-150. Reserved.
Article IV. Sexually-Oriented Businesses
Division 1. Generally
Sec. 26-151. Title and citation.
Sec. 26-152. Definitions.
Sec. 26-153. Purpose and intent.
Sec. 26-154. Applicability.
Sec. 26-155. Exemptions.
Sec. 26-156. Classification.
Sec. 26-157. Administration generally.
Sec. 26-158. Immunity from prosecution.
Sec. 26-159. Notice.
Sec. 26-160. Inspection.
Sec. 26-161. Location of businesses.
Sec. 26-162. Additional regulations for motels/hotels.
Sec. 26-163. Regulations pertaining to exhibition of sexually-explicit films or
videos.
Sec. 26-164. Employee records.
Sec. 26-165. Minors.
Sec. 26-166. Advertising regulations.
Sec. 26-167. Hours of operation.
Sec. 26-168. Nudity prohibited at businesses offering for sale alcoholic
�/ beverages.
Sec. 26-169. Nudity at businesses not offering for sale alcoholic beverages.
Sec. 26-170. Straddle dancing,other sexual activities.
Sec. 26-171. Additional criminal prohibitions.
Sec. 26-172. Additional operational provisions.
Secs. 26-173-26-185. Reserved.
Division 2. Permit
Sec. 26-186. Required.
Sec. 26-187. Application.
Sec. 26-188. Application fee.
Sec. 26-189. Qualifications of applicant.
Sec. 26-190. Location compliance.
Sec. 26-191. Investigation of application.
Sec. 26-192. Issuance.
Sec. 26-193. Annual permit fee.
Sec. 26-194. Expiration of permit.
Sec. 26-195. Transfer of permit.
Sec. 26-196. Suspension of permit.
Sec. 26-197. Revocation of permit.
Sec. 26-198. Judicial review.
Sec. 26-199. Consent.
Secs. 26-200-26-225. Reserved.
Article V. Nonconsent Towing,Private Property Towing and Storage
of Vehicles
Sec. 26-226. Title.
Sec. 26-227. Definitions.
Supp. No. 84 CD26:2
Sec. 26-228. Tow truck class specifications.
Sec. 26-229. Maximum towing, storage and related rates pertaining to
non-consent tow services, as well as, private property towing,
impound and immobilization.
Sec. 26-230. Towing or immobilization with prior express instruction of real
property owner or authorized agent and/or law enforcement
agency.
Sec. 26-231. Notice requirements for removing and immobilizing vehicles/
vessels from and on private real property.
Sec. 26-232. Tow truck/immobilization company requirements.
Sec. 26-233. Penalties, enforcement and scope of article.
Secs. 26-234—26-250. Reserved.
Article VI. Convenience Business Security
Sec. 26-251. Title.
Sec. 26-252. Definitions.
Sec. 26-253. Convenience business security requirements.
Sec. 26-254. Required training for all convenience business' retail employees.
Sec. 26-255. Enforcement; civil fines.
Sec. 26-256. Conflict and severability.
Secs. 26-257—26-280. Reserved.
Article VII. Secondary Metals Recyclers
Sec. 26-281. Intent and purpose.
Sec. 26-282. Title and citation.
Sec. 26-283. Applicability.
Sec. 26-284. Construction and interpretation.
Sec. 26-285. Definitions.
Sec. 26-286. Additional records required.
Sec. 26-287. Restricted regulated metals.
Sec. 26-288. Method of payment for restricted regulated metals.
Sec. 26-289. Certain acts and practices prohibited.
Sec. 26-290. Enforcement.
Sec. 26-291. Penalties.
Sec. 26-292. Conflict and severability.
Secs. 26-293—26-315. Reserved.
Article VIII. Secondhand Dealers
Sec. 26-316. Title and citation.
Sec. 26-317. Applicability.
Sec. 26-318. Construction and interpretation.
Sec. 26-319. Incorporation of state law by general reference.
Sec. 26-320. Change to definitions.
Sec. 26-321. Change to exemptions.
Sec. 26-322. Limitation on location for purchase of secondhand goods by
secondhand dealers.
Sec. 26-323. Additional hold period required.
Sec. 26-324. Enforcement.
Sec. 26-325. Violations and penalties.
Secs. 26-326—26-350. Reserved.
Article XIX. Reserved
Secs. 26-351—26-380. Reserved.
BUSINESSES
CD26:3Supp. No. 101
Article XX. Short-Term Rentals
Division 1. Short-Term Vacation Rental Registration
Sec. 26-381. Title.
Sec. 26-382. Legislative Findings and Intent.
Sec. 26-383. Definitions.
Sec. 26-384. Short-term Vacation Rental Requirements.
Sec. 26-385. Penalty for Violations.
Sec. 26-386. Conflict and Severability.
Secs. 26-387—26-410. Reserved.
COLLIER COUNTY CODE
CD26:4Supp. No. 101
ARTICLE I. IN GENERAL
Sec. 26-1. Roadside stands.
(a)Definitions.The following words, terms
and phrases, when used in this section, shall
have the meanings ascribed to them in this
subsection, except where the context clearly
indicates a different meaning:
(1)Public place means areas or properties
owned by governmental agencies or
dedicated to or reserved for the use of
members of the public, and shall include
but not be limited to airports, schools,
parks, boatramps, playgrounds, libraries
and other county governmental facilities.
(2)Public right-of-way means a strip of land
dedicated or deeded to the public and
accepted by the board of county commis-
sioners, used or occupied or intended to
be used or occupied by a street, driveway/
access, crosswalk, railroad, electric
transmission line, oil or gas pipeline,
storm drainage way, water main, sanitary
or storm sewer main, bikeway, or for
similar special public use.
(3)Vending machine means self-service or
coin-operated box, container, storage unit
or other dispenser installed, used or
maintained for dispensing of any retail
goods, food or beverage products.
(b)Preventing use of public areas as com-
mercial locations.To prevent the use of public
streets or public places as permanent, semi-
permanent or temporary commercial locations,
except when otherwise authorized by this article
or the board of county commissioners, it shall be
a violation of this article for any unauthorized
person to:
(1) Sell goods, merchandise, property or
services, whether for profit or nonprofit
purposes, or to display advertising of any
sort from any permanent, semi-permanent
or temporary location, upon any public
right-of-way, or in any public place as
defined herein until and unless such
person, is specifically permitted in writ-
ing to do so by the county, and where the
county has only easement interest, such
person must also be specifically permit-
ted in writing to do so by the legal title
holder of the underlying real property
that is subject to the county's easement.
(2) Park or stop any motorized or trailer
vehicle, pushcart or animal-drawn convey-
ance in any public right-of-way or in any
public place for the purpose of making or
soliciting sales.
(3) Sell, solicit sales, vend, or serve any
goods, merchandise, property or service
by any means, including the use of vend-
ing machines. In the public rights-of-way
or other public place, or for any person to
station himself, or operate any roadside
stand or establishment within the public
right-of-way or other public place.
(4) Make any commercial use of the public
right-of-way or other public place, includ-
ing placement of commercially related
signs.
(5) Sell or display for sale vehicles in the
public right-of-way or other public place.
(6) Be within the outermost edges of a road
right-of-way when the road is open to
traffic, to display advertising (excluding
hand-held political speech signage off the
traveled road); or to conduct any busi-
ness or commerce; or to attach anything
to any vehicle; or to distribute anything
to, or accept anything from, any person,
including any occupant of any vehicle
being operated on (or parked on) the road
right-of-way.
(7) In-the-road sales, in-the-road distribu-
tions, roadside sales or roadside distribu-
tions except as authorized by the county
to be conducted only when the road is
temporarily closed to vehicular traffic.
(c)Exceptions.The following authorized uses
are excluded from this section:
(1) Newsrack placement within a public right-
of-way shall comply with chapter 110,
article III.
§ 26-1BUSINESSES
CD26:4.1Supp. No. 102
(2) Vendors or businesses having current
county licenses who make frequent stops
for the purpose of making a sale or
pickup/drop-off of persons and then
continue neighborhood travel upon the
road rights-of-way (i.e., ice cream vehicle,
trollies, cabs).
(3) Emergency service or repair vehicles
rendering service or repair to any disabled
vehicle.
(4) A person who has a franchise from,
contracted with, or has otherwise been
authorized by the board of county com-
missioners to sell goods, merchandise or
services within a public right-of-way or
other public place.
(5) A vehicle may be displayed for sale upon
public property when that vehicle is:
a. Driven by the public or private sector
and/or employees of governmental
agencies when conducting business
at the public site during normal
business hours.
b. Driven by an individual who is using
the boat ramp or park site facilities.
c. Being sold in conjunction with a
governmental auction.
(d)Enforcement responsibility.The enforce-
ment of this section shall be the responsibility of
the zoning enforcement section, building code
compliancedepartmentofthiscommunitydevelop-
ment division, county sheriff's office, or other
code enforcement officer of the county.
(e)Penalty.Each violation of this section is
punishable by a fine not to exceed $500.00.
Imprisonment shall not be a penalty except for
contempt of court. Each day of continued viola-
tion may be considered a separate and distinct
violation. Prosecution in a court shall not preclude
administrative remedies. Each firm, partner-
ship, corporation, or other entity that, and/or
individual who, is found in violation of this
section shall pay all costs and expenses as
provided for by the rules of the respective enforce-
ment forum.
(Ord. No. 76-11, §§ 1—3; Ord. No. 87-60, §§ 1—
5A; Ord. No. 04-51, §§ 1—3; Ord. No. 07-53, § 1;
Ord. No. 2010-13, § 1; Ord. No. 2012-02, § 1;
Ord. No. 2022-02, § 7)
Cross reference—Newsracks in public rights-of-way,
§ 110-56 et seq.
State law reference—Penalty for ordinance violations,
F.S. § 125.69.
Sec. 26-2. Merchandising of tobacco
products.
(a)Intent.This section is intended to prevent
the sale and delivery of tobacco products to
persons under the age of 18 by regulating the
commercial marketing and placement of such
products. This section shall not be interpreted or
construed to prohibit the sale or delivery of
tobacco products which are otherwise lawful or
regulated pursuant to F.S. ch. 569.
(b)Definitions.For the purpose of this sec-
tion, the following definitions shall apply:
Open display unit means a case, rack, shelf,
counter, table, desk, kiosk, booth, stand, or
other surface that allows direct public access
to the product placed therein.
Restricted access area means a physically
confined area with immediate access limited
to the vendor or the vendor's employee(s).
Self-service tobacco merchandising means
an open display of tobacco products that the
public has access to without the intervention
of the vendor or employee(s) of the vendor.
Specialty tobacco store means an establish-
ment primarily in the business of selling
cigars, pipe tobacco and other tobacco products.
Tobaccoproducts includeloosetobaccoleaves,
and products made from tobacco leaves, in
whole or in part, which can be used for
smoking, sniffing or chewing, including but
not limited to cigarettes, cigars, pipe tobacco,
snuff or smokeless tobacco, and chewing
tobacco. Tobacco product also includes cigarette
wrappers.
§ 26-1 COLLIER COUNTY CODE
CD26:4.2Supp. No. 102
Vendor means any individual, sole proprietor-
ship, joint venture, corporation, partnership,
cooperative association, or other legal entity
licensed as a dealer in tobacco products pursu-
ant to F.S. ch. 569, and any employee or agent
of said dealer.
(c)Placement of tobacco products in open
display unit.No vendor shall place tobacco
products in an open display unit unless such unit
is located in a restricted access area or sell,
permit to be sold, offer for sale, or display for sale
any tobacco products by means of self-service
merchandising in a non-restricted access area.
(d)Exceptions.
(1) An establishment that prohibits persons
under 18 years of age on the premises.
(2) Specialty tobacco stores.
(e)Enforcement.The provisions of this sec-
tion shall be enforced by any procedure permit-
ted by F.S. ch. 162, or other applicable Florida
law.
(f)Applicability.The provisions of this section
shall apply to all areas of Collier County includ-
ing those areas within the incorporated
municipalities of the county.
(Ord. No. 01-46, §§ 2—7, 7-31-01)
Sec. 26-3. Human trafficking public
awareness signs.
(a)Definitions.The following words, phrases,
or terms when used in this Ordinance shall,
unless the content otherwise indicates, have the
meanings provided below:
1.Adult Entertainment Establishment
means adult bookstores and theaters,
special cabarets and unlicensed massage
establishments regulated pursuant to F.S.
ch. 847, and defined in F.S. § 847.001, as
may be amended, and strip clubs.
2.Bodywork Services means services involv-
ing therapeutic touching or manipula-
tion of the body using specialized
techniques.
3.Business or establishment means any
place of business or any club, organiza-
tion, person, firm, corporation or partner-
ship, wherein massage or bodywork
services are provided and such establish-
ment is not owned by a health care
profession regulated pursuant to F.S. ch.
456, and defined in F.S. § 456.001, as
may be amended.
4.Human trafficking means transporting,
soliciting, recruiting, harboring, provid-
ing, enticing, maintaining, or obtaining
another person for the purpose of exploita-
tion of that person regulated pursuant to
F.S. ch. 787, and defined in F.S. § 787.06,
as may be amended.
5.Massage services means the manipula-
tion of the soft tissues of the human body
with the hand, foot, arm, or elbow, whether
or not such manipulation is aided by
hydrotherapy, including colonic irriga-
tion, or thermal therapy; any electrical or
mechanical device; or the application to
the human body of a chemical or herbal
preparation.
(b)General requirements.
(1) The employer at each of the following
establishments shall display public aware-
ness signs in a conspicuous location that
is clearly visible to the public and
employees of the establishment:
a. A strip club or other adult entertain-
ment establishment.
b. A business or establishment that
offers massage or bodywork services
for compensation that is not owned
by a health care profession regulated
pursuant to F.S. ch. 456, and defined
in F.S. § 456.001.
(2) The required public awareness sign must
be at least 8.5 inches by 11 inches in size,
must be printed in at least a 16-point
type, and must state substantially the
following in English and Spanish:
"If you or someone you know is being
forced to engage in an activity and cannot
leave-whether it is prostitution,
housework, farm work, factory work, retail
work, restaurant work, or any other activ-
§ 26-3BUSINESSES
CD26:4.3Supp. No. 102
ity-call the National Human Trafficking
Resource Center at 1-888-373-7888 or
text INFO or HELP to 233-733 to access
help and services. Victims of slavery and
human trafficking are protected under
United States and Florida law."
Posted Pursuant to Section 787.29,
Florida Statutes and Collier County Code
of Laws and Ordinance Section _________.
(c)Enforcement.It is unlawful to violate any
provisions of this Ordinance and any violation
hereof shall be deemed a noncriminal violation,
punishable by a fine only as provided in F.S.
§ 775.083.
(Ord. No. 2015-52, §§ 1—3)
Note—Ord. No. 2015-52 has an effective date of January
1, 2016.
Secs. 26-4—26-25. Reserved.
ARTICLE II. ESCORT SERVICE
BUSINESSES*
DIVISION 1. GENERALLY
Sec. 26-26. Title and citation.
This article shall be known and may be cited
as the "Collier County Escort Service Ordinance".
(Ord. No. 89-37, § 2)
Sec. 26-27. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Convicted, conviction means any adjudication
of guilt by a court of law on any plea, verdict or
plea of nolo contendere.
Customer, client, patron means any person
who engages, hires or receives the services of an
escort from an escort service business in exchange
for a fee, charge, commission or consideration of
any kind whatsoever.
Employee means an owner, investor, manager,
escort, office help or any other entity on the
payroll, on commission, or working as an
independent contractor, subcontractor and/or
service provider whether paid directly, or
indirectly, by the escort agency, its client or
agent.
Escort means any individual person who for a
fee, charge, commission, percentage, profit, or
consideration of any kind whatsoever, accompanies
another individual, or individuals to or about
social functions, places of entertainment, or
amusement, or who may consort with others in
or about any public place, public resort, or
private place or quarters.
Escort license means the specific county license
issued by the county tax collector to an individual
who is acting as an employed escort in the
county.
Escort service or escort agency means any
person who for a price, fee, charge, commission,
percentage, profit, or any other valuable
consideration:
(1) Provides the name, telephone number
and/or address of any employee to a
client;
(2) Provides an introduction of any employee
to a client; or
(3) Arranges a meeting of any employee
with a client, for the purpose of the escort
accompanying the client to social affairs,
entertainment events or places of amuse-
ment, or to consort with others in or
about any public or private locations.
*Cross reference—Offenses involving public morals,
§ 94-86 et seq.
§ 26-3 COLLIER COUNTY CODE
CD26:4.4Supp. No. 102
BUSINESSES §26-1
ably necessitates instant cur- currency (bills and/or coins). There
tailment of the in-the-road ac- shall be no solicitations at intersec-
tivities. tions where the posted speed limits
3. Solicitation is limited to the exceeds 45(forty-five)miles per hour.
vehicle operator's (left) side of g. Permit suspension or revocation. If
the vehicle, including on roads any participant is observed by a
that have medians (or other county code enforcement officer,dep-
interior raised curbs) and the uty sheriff or other authorized law
pedestrian uses such median or enforcement officer, to be violating
interior area. One single-faced any provision of this subsection or
or double-faced hand-held sign any applicable law, rule or regula-
per pedestrian is allowed. The tion, the permit to solicit at that
permittee may have one of its specific intersection may be summar-
operations vehicle lawfully ily revoked by such officer, whereby
parked at or near the intersec- all in-the-road activity at that inter-
tion, and may use the vehicle's section shall cease immediately.Staff
lights, including its flashing may suspend or revoke the issued
lights, provided such lights are permit to solicit whenever any re-
usually installed on the vehi- quirement does not continue to exist,
cle. Except to the extent,if any, such as loss of federal income tax
prohibited by law, the permit- exemption, loss of active status as a
tee may use cones in the road to registered solicitor of contributions,
the extent the permittee deems lapse of active insurance, any mis-
such cones appropriate to pro- representation in the application(in-
mote safety and no cone im- eluding its exhibits), or any in-the-
pedes the flow of traffic. road activity by any participant who
4. The following are prohibited: did not sign the county's informed
sound amplification,drum,bell, consent and waiver and have such
tambourine, horn, and/or any signed consent and waiver delivered
other sound-making device. to the transportation department
5. There shall be no charitable staff.
solicitation in the road without h. Appeals. Staffs denial of an applica-
a staffed, public safety vehicle tion (or staffs revocation of an is-
present. Public safety vehicle sued permit) may be appealed in
shall be defined as any marked writing to the county manager by
law enforcement department or delivering the appeal to the county
emergency response vehicle.The manager's office not later than ten
cost of the staffed public safety days after the applicant's receipt of
vehicle shall be the obligation notice of the denial or revocation.
of the Solicitor. The county manager should render a
f. Eligible intersections. In-the-road so- decision on the appeal not later than
licitation shall be permitted only at ten workdays after receipt of the
signalized road intersections then con- appeal. The County Manager's deci-
trolled by functioning traffic control Sion shall be the County s final ac
lights (which excludes intersections tion on the appeal.
controlled by flashing lights, stop i. Issuance of a permit is not any en-
signs, yield right of way signs, etc). dorsement by Collier County of the
In-the-road solicitation is limited to permittee or its activities. Notwith-
instantly receiving only legal tender standing anything to the contrary, a
Supp. No. 43 CD26:4.5
*.c/, COLLIER COUNTY CODE
_I
permit shall not be required for any Sec. 26-2. Merchandising of tobacco prod-
solicitor who falls within the param- ucts.
eters of the Iris Roberts Act.
(7) This article does not apply to political (a) Intent. This section is intended to prevent
campaigning nor to any individual autho- the sale and delivery of tobacco products to per-
rized by law to engage in authorized in- sons under the age of 18 by regulating the corn-
the-road activity, such as, and not limited mercial marketing and placement of such prod-
to, on-duty law enforcement officer in the ucts. This section shall not be interpreted or
performance of duty, or authorized activ- construed to prohibit the sale or delivery of to-
ities of employees at tool booths. Charita bacco products which are otherwise lawful or
ble solicitation activities on or along streets/ regulated pursuant to F.S. ch. 569.
roads not maintained by Florida, and to (b) Definitions, For the purpose of this section,
be conducted by an organization exempt the following definitions shall apply:
from federal income taxes under Section
501(c)3 of the Internal Revenue Code, and Open display unit means a case, rack, shelf,
is either registered as a charitable orga- counter, table, desk, kiosk, booth, stand, or
nization or sponsor with Florida's Depart- other surface that allows direct public access to
ment of Agriculture and Consumer Ser- the product placed therein.
vices, or is exempt from that state
registration (or is an individual or organi Restricted access area means a physically
zation acting on behalf of such exempt confined area with immediate access limited to
organization/sponsor), is exempt from the the vendor or the vendor's employee(s).
i solicitation provisions of this article, but Self-service tobacco merchandising means
L✓, must comply with F.S. § 316.2045, includ- an open display of tobacco products that the
ing providing all listed information and public has access to without the intervention of
proof to county staff. the vendor or employee(s) of the vendor.
(d) Enforcement responsibility. The enforce-
ment of this section shall be the responsibility of Specialty tobacco store means an establish
the zoning enforcement section, building code ment primarily in the business of selling ci
compliance department of this community devel-
pipe tobacco and other tobacco products.
opment division, county sheriffs office, or other Tobacco products include loose tobacco leaves,
code enforcement officer of the county. and products made from tobacco leaves, in
(e) Penalty. Each violation of this section is whole or in part, which can be used for smok-
punishable by a fine not to exceed $500.00. Im- ing, sniffing or chewing, including but not
prisonment shall not be a penalty except for limited to cigarettes, cigars, pipe tobacco, snuff
contempt of court.Each day of continued violation or smokeless tobacco, and chewing tobacco.
may be considered a separate and distinct viola- Tobacco product also includes cigarette wrap-
tion. Prosecution in a court shall not preclude pers.
administrative remedies. Each firm, partnership,
corporation, or other entity that, and/or individ Vendor means any individual, sole propri-
ual who, is found in violation of this section shall etorship, joint venture, corporation, partner
pay all costs and expenses as provided for by the ship, cooperative association, or other legal
rules of the respective enforcement forum. entity licensed as a dealer in tobacco products
(Ord.No. 76-11,§§ 1-3;Ord.No. 87-60,§§ 1-5A; pursuant to F.S. ch. 569, and any employee or
Ord. No. 04-51, §§ 1-3; Ord. No. 07-53, § 1; Ord. agent of said dealer.
No. 2010-13, § 1; Ord. No. 2012-02, § 1) (c) Placement of tobacco products in open dis-
lss reference—Newsracks in public rights-of-way, play unit. No vendor shall place tobacco products
§ 6 et seq.
pit
to law reference—Penalty for ordinance violations, in an open display unit unless such unit is located
F.,' 125.69. in a restricted access area or sell, permit to be
Supp. No. 43 CD26:4.6
BUSINESSES §26-3
sold, offer for sale, or display for sale any tobacco tation of that person regulated pursuant
products by means of self-service merchandising to F.S.ch.787,and defined in F.S.§787.06,
in a non-restricted access area. as may be amended.
(d) Exceptions. 5. Massage services means the manipulation
(1) An establishment that prohibits persons of the soft tissues of the human body with
the hand, foot, arm, or elbow, whether or
under 18 years of age on the premises,
not such manipulation is aided by hydro-
(2) Specialty tobacco stores. therapy, including colonic irrigation, or
thermal therapy;any electrical or mechan-
(e) Enforcement. The provisions of this section ical device; or the application to the hu-
shall be enforced by any procedure permitted by man body of a chemical or herbal prepa-
F.S. ch. 162, or other applicable Florida law. ration.
(f) Applicability. The provisions of this section (b) General requirements.
shall apply to all areas of Collier County includ-
ing those areas within the incorporated munici- (1) The employer at each of the following
palities of the county. establishments shall display public aware-
(Ord. No. 01-46, §§ 2-7, 7-31-01) ness signs in a conspicuous location that
is clearly visible to the public and employ-
Sec. 26-3. Human trafficking public aware- ees of the establishment:
ness signs. a. A strip club or other adult entertain-
(a) Definitions. The following words, phrases, ment establishment.
or terms when used in this Ordinance shall, b. A business or establishment that of
unless the content otherwise indicates, have the fers massage or bodywork services
meanings provided below: for compensation that is not owned
1. Adult Entertainment Establishment means by a health care profession regulated
adult bookstores and theaters,special cab- pursuant to F.S.ch.456, and defined
arets and unlicensed massage establish- in F.S. § 456.001.
ments regulated pursuant to F.S. ch. 847, (2) The required public awareness sign must
and defined in F.S. § 847.001, as may be
amended, and strip clubs. be at least 8.5 inches by 11 inches in size,
must be printed in at least a 16-point
2. Bodywork Services means services involv- type, and must state substantially the
ing therapeutic touching or manipulation following in English and Spanish:
of the body using specialized techniques. "If you or someone you know is being
3. Business or establishment means any place forced to engage in an activity and cannot
of business or any club,organization,per- leave-whether it is prostitution, house-
son, firm, corporation or partnership, work,farm work,factory work,retail work,
wherein massage or bodywork services restaurant work,or any other activity-call
are provided and such establishment is the National Human Trafficking Resource
not owned by a health care profession Center at 1-888-373-7888 or text INFO or
regulated pursuant to F.S. ch. 456, and HELP to 233-733 to access help and ser-
defined in F.S. § 456.001, as may be vices. Victims of slavery and human traf-
amended. ficking are protected under United States
4. Human trafficking means transporting,
and Florida law."
soliciting, recruiting, harboring, provid- Posted Pursuant to Section 787.29,Flor-
ing, enticing, maintaining, or obtaining ida Statutes and Collier County Code of
another person for the purpose of exploi- Laws and Ordinance Section
Supp.No.62 CD26:4.7
26-3 COLLIER COUNTY CODE
(c) Enforcement. It is unlawful to violate any social functions,places of entertainment,or amuse-
provisions of this Ordinance and any violation ment,or who may consort with others in or about
hereof shall be deemed a noncriminal violation, any public place,public resort,or private place or
punishable by a fine only as provided in F.S. quarters.
§ 775.083. Escort license means the specific county license
(Ord. No. 2015-52, §§ 1-3) issued by the county tax collector to an individual
Note—Ord.
NoNo.2015-52 has an effective date of January 1,
2016. who is acting as an employed escort in the county.
Escort service or escort agency means any per-
Secs. 26-4-26-25. Reserved. son who for a price, fee, charge, commission,
percentage, profit, or any other valuable consid-
ARTICLE II. ESCORT SERVICE eration:
BUSINESSES* (1) Provides the name, telephone number
and/or address of any employee to a cli-
DIVISION 1. GENERALLY ent;
(2) Provides an introduction of any employee
Sec. 26-26. Title and citation. to a client; or
This article shall be known and may be cited as (3) Arranges a meeting of any employee with
the "Collier County Escort Service Ordinance". a client, for the purpose of the escort
(Ord. No. 89-37, § 2) accompanying the client to social affairs,
entertainment events or places of amuse-
Sec. 26-27. Definitions. ment,or to consort with others in or about
any public or private locations.
The following words, terms and phrases,when
..eased in this article, shall have the meanings
ascribed to them in this section,except where the
context clearly indicates a different meaning:
Convicted, conviction means any adjudication
of guilt by a court of law on any plea, verdict or
plea of nolo contendere.
Customer,client,patron means any person who
engages,hires or receives the services of an escort
from an escort service business in exchange for a
fee, charge, commission or consideration of any
kind whatsoever.
Employee means an owner, investor, manager,
escort, office help or any other entity on the
payroll,on commission,or working as an indepen-
dent contractor, subcontractor and/or service pro-
vider whether paid directly, or indirectly, by the
escort agency, its client or agent.
Escort means any individual person who for a
fee, charge, commission, percentage, profit, or
consideration of any kind whatsoever, accompa-
nies another individual,or individuals to or about
*Cross reference—Offenses involving public morals,
§94-86 et seq.
upp.No.62 CD26:4.8
BUSINESSES § 26-32
Permit means the specific county permit issued current county zoning regulations and ordinances.
by the county tax collector for the right to conduct The escort service business location shall be prom-
activities as an escort service business in the inently identified and advertised on the exterior
county. of the business location,and may be advertised by
Permit holder means the legal entity to whom any other lawful advertising means as chosen by
an escort service business permit is issued and the owner of the business. The county tax col
who is, by application for a permit, established as lector shall be notified in writing within three
legally responsible for the escort service business. business days of any change in location of the
(Ord. No. 89-37, § 4) escort service business.
Cross reference—Definitions generally, § 1-2. (Ord. No. 89-37, § 7)
Sec. 26-28. Purpose and intent. Sec. 26-32. Business records.
(a) It is the purpose and intent of the county to (a) The permit holder shall maintain records of
promote, protect and improve the health, safety all business transactions.These records shall con-
and welfare of the citizens of the county by pro- tain the following information:
viding reasonable regulation of escort service busi-
(1) Date and time of each transaction.
nesses to insure the safe and appropriate opera-
tion of such businesses within the county. (2) Name of customer.
(b) It is further intended that all persons oper- (3) Address of customer,both business and res-
ating or engaged in the escort service business be idence.
regulated by county ordinance in order to avoid (4) Driver's license number of the customer and
and prevent illegal conduct and activities in con-
state of issue.
junction with the operation of escort service busi-
nesses. (5) Telephone number of customer, both busi-
(c) It is further intended that only those per-
sons or entities duly authorized by a county permit (6) Name of the escort service employee in-
and escort license shall be permitted to conduct volved in the transaction.
escort service businesses in the county.
(Ord. No. 89-37, § 1) It is the permit holder's responsibility to ensure
that sufficient and authentic proof of identifica-
Sec. 26-29. Applicability. tion is furnished by every customer.
This article shall apply to and be enforced in all (b) A record of each transaction shall be placed
unincorporated areas of the county. on file at the escort service business within one
(Ord. No. 89-37, § 3) business day of the completion of the transaction.
Sec. 26.30. Enforcement. (c) The escort service shall maintain current and
complete records of all of its employees. These
The authority to enforce the provisions of this records shall,at a minimum,include the following
article shall be vested in the county tax collector, information:
the county sheriff, the county code enforcement (1) Name of employee.
board and its code enforcement officials and any
other duly authorized law enforcement agency (2) Residence address.
having jurisdiction in the county.
(Ord. No. 89-37, § 21) (3) Residence telephone number.
(4) Other current employment information
Sec. 26.31. Location of service. such as:
The escort service business shall not be located a. Business address and telephone.
in a private residence and must comply with all b. Number, employer and position.
CD26:5
§ 26-32 COLLIER COUNTY CODE
(5) Any criminal record: Yes or No. If yes, list permit holder,and shall immediately become null
convictions. and void if any of the above events take place.
(6) Physical description of employee to include (Ord. No. 89 37, § 5)
such information such as:gender(sex),race,
hair, eyes, weight and height. Sec. 26-47. Application.
It is the permit holder's responsibility to ensure
that all employees employed or otherwise engaged (a) Each application for a permit under this di
as an escort by the permit holder's escort service vision shall be in writing, on a form provided by
are advised of the license requirements of this the county tax collector's office. The information
article and are licensed to act as escorts within provided thereon shall be sworn to by the appli-
the county. cant, and shall include copies of documentation
for verification where applicable, i.e., driver's li-
(d) The records required by this article shall be cense as proof of date of birth.
kept and maintained at the business location of
the permit holder. (b) Each application shall be processed only if
it contains the following information in full, with
(e) In order to insure compliance with the pro- no omissions:
visions of this article, the business records of the
permit holder shall be made available for reason- (1) The name and date of birth of the applicant
able inspection at the business location of the es- and any other name the applicant is now or
cort service,upon request and without court order has ever been known by or used.
to members of the county sheriff's office,the county
tax collector's office, or any other duly authorized (2) The name and date of birth of any other
law enforcement agency. person who may be involved in the owner-
(Ord. No. 89-37, § 8) ship, management or conduct of the escort
service.
Sec. 26-33. Age limitation for patron.
No individual licensed pursuant to this article (3) The residence and business addresses of the
shall transact business with or otherwise serve as applicant.
an escort for any person, customer, or patron who (4) The residence and business addresses of any
has not yet reached the age of 21 years. other owners, managers or employees who
(Ord. No. 89-37, § 18) may be involved in the ownership,manage-
ment or conduct of the escort service.
Secs. 26-34-26-45. Reserved.
(5) The address of the business location of the
DIVISION 2. PERMIT escort service.
Sec. 26.46. Required. (6) All telephone numbers used or to be used
(a) No person shall conduct, manage, carry on by the escort service.
or operate any escort service within the county (7) A statement concerning every owner,man-
without having first obtained a permit for such ager or employee, clearly stating each per-
purpose from the county tax collector. son's past conviction of a crime, the type of
(b) Upon issuance the permit shall be promi- crime,the date,location and type of convic-
nently displayed on the premises of the escort ser—
vice business at all times. tory.
(c) The permit shall not be sold, transferred, (8) The name and address of the registered
assigned, leased, encumbered or otherwise dis- agent, if the applicant is a corporation.
posed of with or without consideration, by the (Ord. No. 89-37, § 6)
CD26:6
BUSINESSES § 26-51
Sec. 26.48. Age limitation. (b) A determination that any false information
has been or was provided on an application shall
No permit shall be issued under this division to be grounds for denial or revocation of a permit.
any person under the age of 21 years. No permit
holder shall employ any individual under the age (c) Conviction for any felony or for any offense
of 21 years. No permit holder shall provide an as set forth in subsection (a)(2) of this section, by
escort to any customer or patron under the age of the applicant or any person engaged in conducting,
21 years. managing, carrying on, operating or investing in
(Ord. No. 89-37, § 9) the service shall be grounds for denial or revoca-
tion of a permit.
Sec. 26-49. Term. (d) Failure to comply with any provision of this
article shall be grounds for revocation of any
The permit issued pursuant to this division shall permit issued, upon conviction, or upon a finding
be valid until September 30, 1989, and thereafter of violation by the county code enforcement board.
shall be sold by the county tax collector beginning
September 1 of each year, shall be due and pay- (e) An automatic suspension of the permit shall
able on October 1 of each year and shall expire at be made by the county tax collector after a review
12:00 midnight on September 30 of the succeeding by the county attorney's office of information pro-
year, unless otherwise previously revoked. vided and certified to be accurate by the county
(Ord. No. 89-37, § 10) sheriff's office or other duly authorized law en-
forcement agency that one or more of the provi-
Sec. 26-50. Permit fee. sions of this article have been violated by the ap-
plicant or permit holder.
The initial fee for the annual permit shall be
$30.00,which shall include an appropriate amount (f) The permit holder shall not operate its es-
cort service business while the permit is suspended
to be retained by the county tax collector for ad and shall surrender same to the county tax col-
ministrative expenses. The fee may be adjusted lector or his designee after written notification of
from time to time by resolution of the board of the violation and upon written demand.
county commissioners without the necessity for
adhering to the general ordinance amendment reg- (g) Any appeal of a permit suspension, denial
ulations. or revocation shall be made, in writing, to the
(Ord. No. 89-37, § 11) board of county commissioners within ten busi-
ness days of the denial, revocation or suspension
Sec. 26-51. Denial, revocation. and the matter shall be heard within 30 days
thereafter at a regular meeting of the board of
(a) No escort service permit shall be issued to county commissioners with the board acting as
any corporation,association,organization,agency, the final administrative review agency of the sus-
partnership, person or group of persons if the ap- pension, denial or revocation of the permit. At
plicant,or any person helping to conduct,manage, such hearing,the applicant or permit holder or an
carry on,operate or invest in the service,has been: authorized representative shall have the opportu-
nity to be heard concerning the suspension, de-
(1) Convicted of a felony; or nial or revocation of the permit, and the decision
of the board of county commissioners shall be final.
(2) Convicted of any offense relating to prosti-
tution, (F.S. ch. 796), lewdness or indecent (h) After the expiration of the ten-day period
exposure (F.S. ch. 800), obscene literature, for the request for an appeal, no administrative
profanity (F.S. ch. 847), any other offense right of action shall be afforded to the petitioner if
involving sexual misconduct,or any offense petitioner has not filed a written appeal within
relating to a violation of the controlled sub- that time.
stance abuse laws (F.S. ch. 893). (Ord. No. 89-37, § 12)
CD26:7
§ 26-52 COLLIER COUNTY CODE
Sec. 26-52. Permit not exclusive. (9) Whether the applicant has ever been con-
victed of a crime and, if so, the date and
Nothing in this division shall relieve the appli- location of the conviction and the type of
cant of the responsibility to apply for and obtain
crime.
any other license or permit required by law, to
engage in such business or occupation within the (c) In addition to the above application, the ap-
county. plicant shall also submit to having his finger-
(Ord. No. 89-37, § 13) prints taken and allow a photograph to be taken
by the county sheriff's office.Any costs associated
Secs. 26-53-26-65. Reserved. with processing the fingerprints and photograph
shall be charged to and paid by the applicant.
DIVISION 3. LICENSE Said fingerprints and photograph shall be for-
warded from the sheriff's office directly to the
Sec. 26-66. Required. county tax collector and shall be attached to and
form a part of the application.
No individual person shall be employed or oth (d) Any change in any of the information con-
erwise engaged as an escort within the county tained on the application shall be reported by the
without having first obtained a license from the applicant, in writing, to the county tax collector
county tax collector to be so employed or engaged. within three business days.
(Ord. No. 89-37, § 14) (Ord. No. 89-37, § 15)
Sec. 26-67. Application.
Sec. 26-68. Term. —�
(a) Each application to obtain a license to act as
an escort within the county shall be submitted,in The license issued pursuant to this division shall
writing, on a form provided by the county tax col- be valid until September 30, 1989, and thereafter
lector. The information provided on each applica shall be sold by the county tax collector beginning
tion shall be sworn to by the applicant. September 1 of each year, shall be due and pay-
able on October 1 of each year and shall expire at
(b) Each application shall contain the following 12:00 midnight on September 30 of the succeeding
information: year, unless otherwise previously revoked.
(1) The name of the applicant and any other (Ord. No. 89-37, § 16)
name the applicant is now or has ever been
known by or used. Sec. 26-69. Fee.
(2) The residence address of the applicant and The initial fee for an annual escort license shall
the telephone number at that location. be $100.00, which shall include an appropriate
amount to be retained by the county tax collector
(3) The date of birth of the applicant (licensee for administrative expenses. The fee may be ad-
must be at least 21 years of age). justed from time to time by resolution of the board
(4) Physical description to include: race, of county commissioners without the necessity for
gender,height,weight,hair color,eye color. adhering to the general ordinance amendment reg-
ulations.
(5) Social Security number. (Ord. No. 89-37, § 17)
(6) Driver's license number and state of issue.
Sec. 26-70. Denial or revocation.
(7) Type and location of prior work experience
for the previous three years. (a) No escort license shall be issued to any
person if the applicant has been:
(8) The name of the escort service the appli-
cant will be employed by or associated with. (1) Convicted of a felony; or
J
CD26:8
BUSINESSES §26-92
(2) Convicted of any offense relating to prosti- Sec. 26.71. License not exclusive.
tution (F.S. ch. 796), lewdness or indecent
exposure (F.S. ch. 800), obscene literature, Nothing in this division shall relieve the appli-
profanity (F.S. ch. 842), any other offense cant of the responsibility to apply for and obtain
involving sexual misconduct,or any offense any other license or permit required by law to be
relating to a violation of the controlled sub- so employed within the county.
stance abuse laws (F.S. ch. 893). (Ord. No. 89-37, § 20)
(b) A determination that any false information
has been or was provided on the application shall Secs. 26-72-26-90. Reserved.
be grounds for denial or revocation of an escort
license.
(c) Conviction for any felony or for any offense ARTICLE III. CONVENIENCE STORE
as set forth in subsection (a)(2) of this section by SECURITY*
the applicant for an escort license shall be grounds
for denial or revocation of a license. •
Sec. 26.91. Title and citation.
(d) Failure to comply with any provision of this
division shall be grounds for revocation of any This article shall be known and may be cited as
license issued, upon conviction, or upon a finding the "Collier County Convenience Store Security
of violation by the county code enforcement board. Ordinance."
(e) An automatic suspension of the license shall (Ord. No. 91 4, § 1)
be made by the county tax collector after a review
by the county attorney's office of information pro- Sec. 26-92. Definitions.
vided and certified to be accurate by the county
sheriff's office or other duly authorized law en- The following words, terms and phrases, when
forcement agency that one or more of the provi used in this article, shall have the meanings as-
sions of this division have been violated by the cribed to them in this section, except where the
license holder. context clearly indicates a different meaning:
(f) Any appeal of a license suspension,denial or Convenience store means any place of business
revocation shall be made, in writing,to the board that is engaged in the retail sale of groceries, in-
of county commissioners within ten business days cluding the sale of prepared foods, and gasoline
of the suspension, denial or revocation, and the and services, that is regularly open for business
matter shall be heard within 30 days thereafter at any time between the hours of 10:00 p.m. and
at a regular meeting of the board of county com- 5:00 a.m., and that is attended during such hours
missioners with the board acting as the final ad- by one employee. The term "convenience store"
ministrative review agency of the suspension, de- does not include a store which is solely for or pri-
nial or revocation of the license.At such hearing, manly a restaurant.The term"convenience store"
the applicant/license holder or an authorized rep- does not include any store in which the owner and
resentative shall have the opportunity to be heard members of his family work in the store between
concerning the suspension,denial or revocation of the hours of 10:00 p.m. and 5:00 a.m.
the license,and the decision of the board of county
commissioners shall be final. Employee means the person legally responsible
for the day-to-day operation of the convenience
(g) After the expiration of the ten-day period store.
for the request for an appeal, no administrative
'State law references—Convenience Business Security
right of action shall be afforded to the petitioner if
Act,F.S.§812.1701 et seq.;preemption of local ordinances on
the petitioner has not filed a written appeal within convenience stores, F.S. § 812.1725; agreements with local
that time. governments for assistance in enforcement of state act,F.S.§
(Ord. No. 89-37, § 19) 812.174(4).
CD26:9
§ 26-92 COLLIER COUNTY CODE
Owner means the person having possession of b. A security camera system capable of
the premises upon which the convenience store is retrieving an image to assist in the
operated. identification and apprehension of a
(Ord. No. 91-4, § 3) robber.
Cross reference—Definitions generally, § 1-2. c. A drop safe or cash management de-
vice that provides minimum access to
Sec. 26-93. Penalties. the facilities cash receipts.
(a) Failure to comply with this article shall be (2) Maintain parking lots, illuminated at an
brought before the county code enforcement board intensity of two foot-candles per square foot
established pursuant to the authority of F.S. ch. with a uniformity ratio of no more than
162. All proceedings before said board shall be five-to-one at 18 inches above the surface.
governed by chapter 2, article VIII, division 11 of
this Code. Upon its determination of noncompli- The convenience store owner shall provide
ance, said board shall impose penalties against to the county a certification from an elec
the owner or principle operator pursuant to the trical engineer registered in the state ver
following noncompliance fee schedule adopted ifying that the convenience store is in corn-
following
hereby: pliance with this requirement.
(1) If noncompliance is corrected within ten (3) Post a conspicuous sign in the convenience
days after the determination of noncompli- store entrance which states that the cash
ance, no fee shall be assessed. register contains $50.00 or less.
(2) Noncompliance for days 11-20,$250.00 per (4) Maintain window signage so that there is a
day shall be assessed for each day violation clear and unobstructed view of the cash reg-
continues. ister and transaction area.
(3) Noncompliance for days 21-25,$500.00 per (5) Prohibit window tinting on the windows of
day shall be assessed for each day violation the establishment if such window tinting
continues. reduces exterior or interior viewing during
(b) Any owner or principle operator of a conve- the hours of operation to which this article
nience store who willfully and deliberately vio- is applicable.
lates the requirements of this article or who de-
liberately fails to initially implement the (6) Install height markers at the entrance of
requirements of this article shall be required to the establishment which display height
pay to the county, upon complaint filed by the measures from the floor.
county, a civil fine of up to $5,000.00. (7) Establish a cash management policy to limit
(Ord. No. 91-4, § 5) the amount of available cash on hand be-
Sec. 26-94. Applicability. tween the hours of 9:00 p.m. and 6:00 a.m.
This article shall apply to and be enforced in all (8) No later than June 30, 1991, the owner or
unincorporated areas of the county. principle operator of a convenience store
(Ord. No. 91-4, § 2) shall provide proper robbery deterrence and
safety training to at least its employees who
Sec. 26-95. Security requirements. work between the hours of 9:00 p.m. and
All convenience stores shall: 6:00 a.m.Any proposed program of training
shall be submitted in writing to the Florida
(1) Be equipped with the following security de- Attorney General as required under F.S. §
vices: 812.174.
a. A silent alarm that notifies local law (Ord. No. 91-4)
enforcement or a private security
agency that a robbery is taking place. Secs. 26.96-26.150. Reserved.
CD26:10
BUSINESSES § 26-152
N.
ARTICLE IV. SEXUALLY-ORIENTED Employee means a person who works or per-
BUSINESSES* forms in and/or for a sexually-oriented business,
regardless of whether or not said person is paid a
DIVISION 1. GENERALLY salary, wage, or other compensation by the oper-
ator of said business.A person may be considered
an employee under this definition even if said
Sec. 26-151. Title and citation. person is an independent contractor,provided that
This article shall be known and cited as the said person has a substantial or consistent rela-
tionship with the business of, or entertainment/
"Collier County Sexually Oriented Businesses Lo
services provided by, the sexually-oriented busi-
cation and Regulation Ordinance."
(Ord. No. 91-83, § 1) ness.
Escort means a person who, for consideration,
Sec. 26-152. Definitions. agrees or offers to act as a companion, guide, or
date for another person,or who agrees or offers to
The following words, terms and phrases, when privately model lingerie or to privately perform a
used in this article, shall have the meanings as- striptease for another person.
cribed to them in this section, except where the
context clearly indicates a different meaning: Escort agency means a person who furnishes,
offers to furnish, or advertises to furnish escorts
Child care center means any establishment that as one of its primary business purposes for a fee,
provides, on a regular basis, supervision and care tip or other consideration.
for more than five children unrelated to the oper-
ator for a period of less than 24 hours a day and Establishment means and includes any of the
which receives a payment, fee or grant for any of following:
the children receiving care, wherever operated,
and whether or not operated for a profit, except (1) The opening or commencement of any
that the following are not included:public schools sexually-oriented business as a new busi-
and non-public schools which are in compliance ness;
with the compulsory school attendance law, F.S.
ch. 232; summer camps having children in full- (2) The conversion of an existing business,
time residence; summer day camps; Bibleschools whether or not a sexually oriented busi
normally conducted during vacation periods; and ness, to any sexually-oriented business;
any child care center which is owned and oper (3) The addition of any sexually-oriented busi-
ated by and located on the grounds of, or adjacent ness to any other existing sexually oriented
to,a church/synagogue.The term includes kinder-
gartens, nurseries, nursery schools, day care cen-
ters and day nurseries. (4) The relocation of any sexually-oriented kiusi-
Church/synagogue means tax exempt buildings ness.
used for nonprofit purposes by a recognized and Nude model studio means any place where a
legally established sect for purpose of worship in- person who appears in a state of nudity or dis-
cluding educational buildings when operated by plays specified anatomical areas is provided to be
such church/synagogue. observed,sketched,drawn,painted,sculpted,pho-
Division means the county community develop- tographed, or similarly depicted by other persons
ment services division,including its respective ad-
ministrator, his designee, related departments, Nudity or a state of nudity means the appear
employees, officers and agents. ance of a human bare buttock, anus, male geni-
*Cross reference—Offenses involving public morals, § tals, female genitals or the areola or nipple of the
94-86 et seq. female breast.
CD26:11
§26-152 COLLIER COUNTY CODE
Operator means and includes the owner,permit Sexual encounter center means a sexually-
holder, custodian, manager, operator and person oriented business or similar commercial enter-
in charge of any permitted premises. prise that, as one of its primary business pur-
poses, offers for any form of consideration:
Permitted premises means any premises that re-
quires a permit and that is classified as a sexually- (1) Physical contact in the form of wrestling or
oriented business under this article. tumbling between persons of the opposite
sex; or
Permittee means a person in whose name a
permit to operate a sexually-oriented business has (2) Activities between male and female per-
been issued as well as the individual listed as an sons and/or persons of the same sex when
applicant on the application for a permit. one or more of the persons are in a state of
nudity or semi-nudity.
Physical culture establishment means any es-
tablishment which offers, provides or advertises Sexually oriented arcade means any place to
massage,body rubs or physical contact with spec- which the public is permitted or invited wherein
ified anatomical areas, regardless of whether or coin operated or slug operated or electronically,
not said establishment has received a sexually- electrically or mechanically controlled still or mo-
oriented business permit under this article. Es- tion picture machines, projectors, or other image
tablishments which routinely provide medical ser producing devices are maintained to show images
vices by state licensed medical practitioners, to five or fewer persons per machine at any one
electrolysis treatment by permitted operators of time, and where the images so displayed are dis
electrolysis equipment, and massage by licensed tinguished or characterized by the depicting or
massage therapists shall be excluded from the def describing of specified sexual activities or sped ^.,
inition of adult physical culture establishments. Pied anatomical areas.
It is not the intent of this article to regulate Sexually-oriented bookstore, sexually-oriented
matters of massage establishments. These mat- video store or sexually oriented novelty store means
ters are regulated by the department of profes- a commercial establishment which, as one of its
sional regulation, board of massage, and by state principal business purposes, offers for sale or
law, F.S. ch. 480. rental for any form of consideration any one or
more of the following:
Public recreation area means public land which (1) Books, magazines, periodicals or other
has been designated for recreational activities,in printed matter, or photographs, films, mo
cluding,but not limited to,nature trails,boating, tion pictures,videocassettes or video repro-
picnicking, beaches, parks, playgrounds, ball ductions, slides,or other visual representa-
fields, basketball or tennis courts, pedestrian/bi- tions which are characterized by depictions
cycle paths, open space, wilderness areas, or sim or descriptions of specified sexual activities
ilar public land. or specified anatomical areas; or
School means a facility which is in compliance (2) Instruments, devices or paraphernalia
with the compulsory school attendance law, F.S. which are designed for use in connection
ch. 232, and provides a curriculum of elementary with specified sexual activities.
and secondary academic instruction,including kin-
dergartens, elementary schools, middle schools, For the purposes of this definition,the term"prin-
junior high schools, and high schools. cipal business purpose" shall include any such
commercial establishment which:
Semi-nude or semi-nudity means a state of dress
in which clothing covers no more than the geni- (1) Derives 25 percent or more of its gross
tals, pubic region, and the areola or nipple of the monthly revenues from the sale or rental of
female breast, as well as portions of the body cov- the inventory and/or materials described in
ered by supporting straps or devices. this definition;
CD26:12
BUSINESSES § 26-152
(2) Has as 25 percent or more of its stock in ment, whether or not alcoholic beverages are
trade the inventory and/or materials de- served, which regularly features:
scribed in this definition;
(1) Persons who appear in a state of nudity or
(3) Devotes 25 percent or more of its interior semi-nudity;
business area to the sale or rental of the
inventory and/or materials described in this (2) Live performances, appearances or exhibi-
definition; tions which are characterized by the expo-
sure of specified anatomical areas or by
(4) Devotes 25 percent or more of its adver- specified sexual activities; or
tising to the sale or rental of the inventory (3) Films, motion pictures, videocassettes,
and/or materials described in this defini- slides, or other photographic reproductions
tion; or which are characterized by the depiction or
(5) Does not meet one or more of the criteria in description of specified sexual activities or
this subsection, but does offer for sale or specified anatomical areas.
rental the inventory and/or materials de- Sexually-oriented motellhotel means a motel,
scribed in this definition in a manner which hotel or similar commercial establishment which:
demonstrates that the sale or rental of the
aforesaid materials is a principal business (1) Offers accommodations to the public for any
purpose. form of consideration;provides patrons with
closed-circuit television transmissions,
A commercial establishment may have other prin- films, motion pictures, videocassettes,
cipal business purposes that do not involve the slides, or other photographic reproductions
offering for sale or rental of material character- which are characterized by depiction or de-
- ized by depictions or descriptions of specified scription of specified sexual activities or
sexual activities or specified anatomical areas and specified anatomical areas; and which ad-
still be categorized as a sexually-oriented book- vertises the availability of this sexually ori-
store, sexually-oriented video store or sexually- ented type of photographic reproductions by
oriented novelty store. Such other business pur- means of a sign visible from the public right-
poses will not serve to exempt such commercial of-way or by means of any off-premises ad-
establishments from being categorized as a vertising including, but not limited to,
sexually-oriented bookstore, sexually-oriented newspapers, magazines, pamphlets or leaf-
video store or sexually-oriented novelty store so lets, radio and television;
long as one of its principal business purposes is
the offering for sale or consideration of the speci- (2) Offers a sleeping room for rent for a period
fied materials characterized by depictions or de-
scriptions of specified sexual activities or speci- (3) Allows a tenant or occupant of a sleeping
feed anatomical areas. room to subrent the room for a period of
Sexually-oriented business means a sexually- time that is less than ten hours.
oriented arcade, sexually-oriented bookstore, Sexually-oriented motion picture theater means
sexually-oriented video store or sexually-oriented a commercial establishment where for any form
novelty store, sexually-oriented cabaret,sexually- of consideration, films, motion pictures, videocas-
oriented motel/hotel,sexually-oriented motion pic- settes, slides, or similar photographic reproduc-
ture theater, sexually-oriented theater, escort tions are regularly shown which are character-
agency, physical culture establishment, nude ized by the depiction or description of specified
model studio, or sexual encounter center. sexual activities or specified anatomical areas.
Sexually-oriented cabaret means a night club, Sexually-oriented theater means a theater, con-
bar, bottle club as defined in F.S. ch. 561, restau- cert hall, auditorium, or similar commercial es-
rant, or other commercial business or establish- tablishment which regularly features persons who
CD26:13
§ 26-152 COLLIER COUNTY CODE
appear in a state of nudity or semi-nudity or live pederasty, pedophilia, sadism, sadomas-
performances which are characterized by the ex- ochism, sapphism, urolagnia or zooerasty;
posure of specified anatomical areas or by speci-
fied sexual activities. (4) Masturbation, actual or simulated; or
•
Specified anatomical areas means: (5) Excretory functions as part of or in connec-
tion with any of the activities set forth in
(1) Less than completely and opaquely cov- subsections (1) through (4) of this defini-
ered: tion.
a. Human genitals or pubic region; Straddle dance (also known as a lap dance)
b. Buttock; or means the use by an employee of a sexually-
c. Areola or nipple of the female breast. oriented business of any part of his body to touch
(2) Human male genitals in a discernibly the genital or pubic area of a person, or to touch
turgid state, even if completely and the breast of a female person, whether clothed or
opaquely covered. unclothed, while at the business; or the touching
of the genital or pubic area of an employee by a
Specified criminal act means: person while at the business; or the touching of
(1) A criminal violation of this article; the breast of a female employee, whether clothed
or unclothed,by a person while at the business. It
(2) An offense under F.S. ch. 794 (sexual bat- shall be a"straddle dance"regardless of whether
tery); the "touch" or "touching" occurs while the em-
(3) An offense under F.S. ch. 796 (prostitu- ployee is nude, semi-nude or displaying or ex-
tion); posing any specified anatomical area.It shall also
be a "straddle dance" regardless of whether the
(4) An offense under F.S. ch. 800 (lewdness; "touch" or "touching" is direct or through a me-
indecent exposure); dium.
(5) An offense under F.S. ch. 826 (bigamy; in Transfer of ownership or control of a sexually-
cest); oriented business means and includes any of the
(6) An offense under F.S. ch. 847 (obscene lit- following:
erature; profanity); or (1) The sale, lease, or sublease of a business;
(7) An offense under any analogous statute of
a state other than Florida, or under any (2) The transfer of securities which constitute
analogous ordinance of another county or a controlling interest in the business,
city. whether by sale, exchange, or similar
means; or
Specified sexual activities means:
(3) The establishment of a trust, gift, or other
(1) Human genitals in a state of sexual stim- similar legal device which transfers the
ulation, arousal or tumescence; ownership or control of the business,except
(2) The fondling or other erotic touching of for transfer by bequest or other operation
human genitals, pubic region, buttocks, of law upon the death of the person pos-
anus, or female breast; sessing the ownership or control.
(Ord. No. 91-83, § 4)
(3) Sex acts,actual or simulated,including,but Cross reference—Definitions generally, § 1-2.
not limited to, intercourse,oral copulation,
or sodomy and also including as examples, Sec. 26-153. Purpose and intent.
but not limited to,any of the following:acts
of human analingus, bestiality, buggery, It is the purpose of this article to regulate --��
cunnilingus, coprophagy, coprophilia, fel- sexually-oriented businesses to promote the
latio, flagellation, masochism, necrophilia, health, safety, morals, and general welfare of the
CD26:14
BUSINESSES §26-157
citizens of the county, and to establish reasonable b. Where,in order to participate in a class
and uniform regulations to prevent the continued a student must enroll at least three
deleterious location and concentration of sexually- days in advance of the class; and
oriented businesses within the county. The provi- c. Where no more than one nude model is
sions of this article have neither the purpose nor on the premises at any one time.
effect of imposing a limitation or restriction on
the content of any communicative materials, in- (b) It is a defense to prosecution for a violation
eluding sexually-oriented materials. Similarly it of this article that an employee of a sexually
is not the intent nor effect of this article to restrict oriented business, regardless of whether or not it
or deny access by adults to sexually-oriented ma is permitted under this article, exposed any spec
-
or protected by the first amendment, or to ified anatomical area during the employee's bona
deny access by the distributors and exhibitors of fide use of a restroom, or during the employee's
sexually-oriented entertainment to their intended bona fide use of a dressing room which is acces
market. Neither is it the intent or effect of this sible only to employees.
article to in any way condone or legitimize the (Ord. No. 91-83, § 28)
distribution of obscene material.
(Ord. No. 91-83, § 2) Sec. 26.156. Classification.
Sexually-oriented businesses are classified as
Sec. 26-154. Applicability. follows:
Notwithstanding any provisions of any other (1) Sexually oriented arcade.
county zoning or other ordinance to the contrary, (2) Sexually-oriented bookstore, sexually-
this article shall apply to, and be enforced in, the oriented video store or sexually-oriented
incorporated as well as unincorporated areas of novelty store.
�,. the county.
(Ord. No. 91-83, § 3) (3) Sexually-oriented cabaret.
State law reference—Conflicts between ordinances of non- (4) Sexually-oriented motel/hotel.
charted counties and municipal ordinances, Fla. Const. art.
vIII, § (f). (5) Sexually-oriented motion picture.
Sec. 26-155. Exemptions. (6) Sexually-oriented theater.
(a) It is a defense to prosecution for any viola (7) Escort agency.
tion of this article that a person appearing in a (8) Physical culture establishment.
state of nudity did so in a modeling class oper (9) Nude model studio.
ated:
(10) Sexual encounter center.
(1) By a college, junior college, or university (Ord. No. 91-83, § 5)
supported entirely or partly by taxation;
(2) By a private college or university which Sec. 26-157. Administration generally.
maintains and operates educational pro- (a) The community development services divi-
grams in which credits are transferable to sion administrator, or his designee, is responsible
a college,junior college, or university sup- for granting, denying, revoking, renewing, sus-
ported entirely or partly by taxation; or pending, and canceling sexually-oriented busi-
(3) In a structure: ness permits for proposed or existing sexually-
oriented businesses.The community development
a. Which has no sign visible from the ex- services division administrator,or his designee,is
terior of the structure and no other ad- also responsible for ascertaining whether a pro-
vertising that indicates a nude person posed sexually-oriented business for which a
is available for viewing; permit is being applied for complies with all loca-
CD26:15
§ 26-157 COLLIER COUNTY CODE --..\
tional requirements of section 26-161, all appli- Sec. 26.160. Inspection.
cable zoning laws and/or regulations now in effect (a) An applicant or permittee shall permit rep-
or as amended or enacted subsequent to the effec resentatives of the county sheriff's office, Naples
tive date of the ordinance from which this article and Everglades City police departments, commu-
was derived in the county,and the county,City of nity development services division and its munic-
Naples and Everglades City comprehensive plans, ipal counterparts,the health department,and the
whichever is applicable. fire department to inspect the premises of a
(b) The sheriff's office is responsible for pro- sexually-oriented business for the purpose of in-
suring compliance with the law, at any time it is
viding information on whether an applicant has occupied or open for business.
been convicted of a specified criminal act during
the time period set forth in section 26-192 by the (b) It shall be unlawful and a person who oper-
performance of FCIC/NCIC records request check. ates a sexually-oriented business, regardless of
whether or not a permit has been issued for said
(c) The community development services divi- business under this article, or his agent or em-
sion administrator, or his designee is also respon- ployee commits a misdemeanor if he refuses to
sible for inspecting a proposed, permitted or non- permit such lawful inspection of the premises at
permitted sexually-oriented business in order to any time that it is occupied or open for business.
ascertain whether it is in compliance with appli- (Ord. No. 91-83, § 11)
cable statutes and ordinances.
(Ord. No. 91-83, § 6) Sec. 26-161. Location of businesses.
(a) It shall be unlawful and a person commits a ---Ns
Sec. 26-158. Immunity from prosecution. misdemeanor if he operates or causes to be oper-
ated a sexually-oriented business, regardless of
The board of county commissioners,the City of whether or not a permit has been issued for said
Naples, Everglades City and their respective city business under this article,within 500 feet of any
councils,the community development services di- area in the county zoned for residential purposes.
vision and its municipal counterparts, the sher-
iff's (b) It shall be unlawful and a person commits a
office, municipal police departments, and all other departments and agencies, and all other misdemeanor if he operates or causes to be oper-
ated a sexually-oriented business, regardless of
county and municipal officers, agents and em-
ployees, whether or not a permit has been issued for said
charged with enforcement of state and
local laws and codes shall be immune from pros- business under this article, within 1,000 feet of
ecution,civil or criminal,for reasonable,good faith any church, synagogue, school, child care center
trespass upon a sexually-oriented business while or public recreation area in the county.
acting within the scope of authority conferred by (c) It shall be unlawful and a person commits a
this article. misdemeanor if he operates or causes to be oper-
(Ord. No. 91-83, § 31) ated a sexually-oriented business, regardless of
whether or not a permit has been issued for said
business under this article, within 1,500 feet of
Sec. 26-159. Notice. any other such regulated use.
Any notice required or furnished under this ar- (d) It shall be unlawful and a person commits a
tide may be accomplished by sending a written misdemeanor if he causes or permits the opera-
notification by certified mail to the mailing ad- tion, establishment or maintenance of more than
dress on the permit application. Said mailing ad- one sexually-oriented business, regardless of
dress shall be considered the correct mailing ad- whether or not a permit has been issued for said
dress unless the division is otherwise notified in business under this article, in the same building, ,—....,
writing by certified mail. structure or portion thereof,or the increase of floor
(Ord. No. 91-83, § 32) areas of any sexually-oriented business in any
CD26:16
BUSINESSES §26-163
building, structure, or portion thereof, containing grant or renewal of the sexually-oriented busi-
another sexually-oriented business. ness permit of a church/synagogue, school, child
(e) For the purposes of this section, distances care center, public recreation area or residential
Property within 1,000 feet of the sexually-oriented
shall be measured in a straight line from property
line to property line, along the shortest distance business. This provision applies only to the re
between property lines,without regard to the route newal of a valid permit and does not apply when
of normal travel or intervening structures or ob an application for a permit is submitted after a
jects. Nothing in this section shall be construed to permit has expired or has been revoked.
permit the operation of any business or the per (Ord. No. 91 83, § 8)
formance of any activity prohibited under any
other section of this article.Additionally, nothing Sec. 26.162. Additional regulations for mo-
in this article shall be construed to authorize,allow tels/hotels.
or permit the establishment or operation of any (a) Evidence that a sleeping room in a motel,
business, the performance of any activity, or the hotel or a similar commercial establishment has
possession of any item, which is obscene under been rented and vacated two or more times in a
the statutorily and judicially established defini- period of time that is less than ten hours creates
tions of obscenity. a rebuttable presumption that the establishment
(f) Any sexually-oriented business lawfully op- is a sexually-oriented motel or hotel as that term
erating on September 3, 1991 that is in violation is defined in this article.
of this section shall be deemed a nonconforming (b) It shall be unlawful and a person commits a
use for purposes of this article. A nonconforming misdemeanor if, as the person in control of a
use will be permitted to continue for a period not sleeping room in a hotel, motel, or similar com-
to exceed 365 days unless sooner terminated for mercial establishment that does not have a
any reason or voluntarily discontinued for a pe- sexually-oriented business permit, he rents or
riod of 30 days or more. Such nonconforming uses subrents a sleeping room to a person and, within
shall not be increased, enlarged, extended or al- ten hours from the time the room was rented, he
tered except that the use may be changed to a
conforming use. If two or more sexually-oriented rents or subrents the same sleeping room again.
businesses are within 1,500 feet of one another (c) For purposes of subsection(b)of this section,
and otherwise in a permissible location, the the terms rent or subrent mean the act of permit-
sexually-oriented business which was first estab- ting a room to be occupied for any form of consid-
lished and continually operating at a particular eration.
location is the conforming use and the later es- (Ord. No. 91-83, § 17)
tablished business is nonconforming.
(g) Under subsection(f)of this section,the com Sec. 26.163. Regulations pertaining to exhi-
bition of sexually-explicit films
munity development services division adminis- or videos.
trator or his designee may, in his reasonable dis-
cretion,grant an extension,not to exceed 365 days (a) A person who operates or causes to be oper-
from the expiration of the 365-day period set forth ated a sexually-oriented business, other than a
in subsection(f)of this section, for continuation of sexually-oriented motel/hotel and regardless of
the nonconforming use provided that the owner of whether or not a permit has been issued to said
the nonconforming use proves that he is unable to business under this article, which exhibits on the
recoup his initial capital investment in the busi- premises in a viewing room of less than 150 square
ness (which is a nonconforming use) within 365 feet of floor space, a film, video cassette or other
days from the effective date of the ordinance from video reproduction which depicts specified sexual
which this article is derived. activities or specified anatomical areas, shall
(h) A sexually-oriented business lawfully oper comply with the following requirements:
ating as a conforming use is not rendered a non- (1) Upon application for a sexually-oriented
conforming use by the location, subsequent to the business permit, the application shall be
CD26:17
§ 26-163 COLLIER COUNTY CODE ,�
accompanied by a diagram of the premises premises shall be configured in such a
showing a plan thereof specifying the loca- manner that there is an unobstructed view
tion of one or more manager's stations, the of each area of the premises to which any
location of all overhead lighting fixtures and patron is permitted access for any purpose
designating any portion of the premises in from at least one of the manager's stations.
which patrons will not be permitted.A man- The view required in this subsection must
ager's station may not exceed 32 square feet be by direct line of sight from the manag-
of floor area. The diagram shall also desig- er's station.
nate the place at which this permit will be (6) It shall be the duty of the owners and op-
conspicuously posted, if granted. A profes- erator, and it shall also be the duty of any
sionally prepared diagram in the nature of agents and employees present on the prem-
an engineer's or architect's blueprint shall ises to insure that the view area specified
not be required; however, each diagram in subsection(5)of this section remains un-
should be oriented to the north or to some obstructed by any doors, walls, merchan-
designated street or object and should be dise, display racks or other materials at all
drawn to a designated scale with marked times and to insure that no patron is per-
dimensions sufficient to show the various mitted access to any area of the premises
internal dimensions of all areas of the in which has been designated as an area in
terior of the premises to an accuracy of plus which patrons will not be permitted in the
or minus six inches. The county commu application filed pursuant to subsection (1)
nity development services division admin of this section.
istrator,or his designee,may waive the fore-
going diagram for renewal applications if (7) No viewing room may be occupied by more '�
the applicant adopts a diagram that was than one person at any one time.
previously submitted and certifies that the
configuration of the premises has not been (8) The premises shall be equipped with over
altered since it was prepared. head lighting fixtures of sufficient inten-
sity to illuminate every place to which pa-
(2) The application shall be sworn to be true trons are permitted access and an
and correct by the applicant. illumination of not less than one foot candle
as measured at the floor level.
(3) No alteration in the configuration or loca-
tion of a manager's station may be made (9) It shall be the duty of the owners and op-
without the prior approval of the commu- erator and it shall also be the duty of any
nity development services division admin- agents and employees present on the prem-
istrator, or his designee. ises to insure that the illumination de-
scribed above is maintained at all times that
(4) It is the duty of the owners and operator of any patron is present on the premises.
the premises to insure that at least one em-
ployee is on duty and situated at each man- (b) It shall be unlawful and a person having a
ager's station at all times that any patron duty under subsection (a) of this section commits
is present inside the premises. a misdemeanor if he knowingly fails to fulfill that
duty.
(5) The interior of the premises shall be con- (Ord. No. 91-83, § 18)
figured in such a manner that there is an
unobstructed view from a manager's sta- Sec. 26-164. Employee records.
tion of every area of the premises to which
any patron is permitted access for any pur- (a) The permittee of a sexually-oriented busi-
pose, excluding restrooms. Restrooms may ness is responsible for keeping a record of all em-
not contain video reproduction equipment. ployees who are currently employed by the estab-
If the premises has two or more manager's lishment, and of all former employees who were
stations designated,then the interior of the employed by the establishment during the pre-
CD26:18
BUSINESSES §26-166
ceding one year period. The record shall contain (b) Provided, however, that for those sexually-
the current or former employee's full legal name, oriented businesses that offer for sale or rental for
including any aliases, his date of birth, his resi- any form of consideration a tangible inventory of
dential address, his residential telephone number material, some of which is characterized by the
(if any), his driver's license number or his state or depiction or description of specified anatomical
federally issued identification card number,and a areas or specified sexual activities and some of
recent photograph of the current or former em- which is not, there shall be no violation under
ployee. subsections (a)(1) and (a)(2) of this section if the
materials characterized by the depiction or de-
(b) The original records required by subsection scription of specified anatomical areas or speci-
(a)of this section,or true and exact copies thereof, fled sexual activities are kept inaccessible to and
shall be kept at the sexually-oriented business at out of the view of minors who enter the business
all times and copies,including clear photographs, premises. Provided further that there shall be no
provided to the division. violation under subsection(a)(3) by said sexually-
(c) Any operator of the sexually-oriented busi- oriented businesses if minors are not allowed to
ness shall be responsible for knowing the location purchase or rent tangible inventory of materials
of the original records, or the true and exact pho- characterized by the depiction or description of
tocopies thereof. specified anatomical areas or specified sexual ac-
tivities but they are allowed to purchase or rent
(d) Any operator of the sexually-oriented busi- other tangible inventory of materials.
ness shall, upon request by a law enforcement (Ord. No. 91-83, § 20)
officer or a representative of the division or of any
county, state or municipal department or agency Sec. 26-166. Advertising regulations.
acting under this article or otherwise pursuant to
law, make available for inspection the original (a) It shall be unlawful and a person commits a
records or the true and exact photocopies thereof, misdemeanor if he operates or causes to be oper-
during normal working hours. ated a sexually-oriented business, regardless of
(Ord. No. 91-83, § 19) whether or not a permit has been issued for said
business under this article,and advertises the pre-
Sec. 26-165. Minors. sentation of any activity prohibited by any appli-
cable state statute or local ordinance.
(a) It shall be unlawful and a person commits a
misdemeanor if he operates or causes to be oper- (b) It shall be unlawful and a person commits a
ated a sexually-oriented business, regardless of misdemeanor if he operates or causes to be oper-
whether or not a permit has been issued for said ated a sexually-oriented business, regardless of
business under this article,and knowingly or with whether or not a permit has been issued for said
reasonable cause to know, permits, suffers, or al- business under this article, and displays or other-
lows: wise exhibits the materials and/or performances
characterized by the description or depiction of
(1) Admittance of a person under 18 years of specified anatomical areas or specified sexual ac-
age to the business premises; tivities at such sexually-oriented business in any
(2) A person under 18 years of age to remain at advertising. This prohibition shall not extend to
the business premises; advertising of the existence or location of such
sexually-oriented business.
(3) A person under 18 years of age to purchase
or rent goods or services at the business (c) Nothing contained in this section shall re-
premises; or lieve the operator of a sexually-oriented business
from complying with the requirements of the
(4) A person who is under 18 years of age to county sign ordinance,and sign ordinances of mu-
work at the business premises as an em- nicipalities within the county, as they may be
ployee. amended from time to time, or any subsequently
CD26:19
§26-166 COLLIER COUNTY CODE
enacted county or municipal sign ordinances or the United States Supreme Court decision in
regulations. Barnes v. Glen Theatre,Inc., 501 U.S._, 115 L.
(Ord. No. 91-83, § 21) Ed.2d 504, 111 S.Ct.2456,59 USLW 4745(1991).
(Ord. No. 91-83, § 24)
Sec. 26-167. Hours of operation.
(a) It shall be unlawful and a person commits a Sec. 26-170. Straddle dancing, other sexual
misdemeanor if he operates or causes to be oper- activities.
ated a sexually-oriented business, regardless of (a) It shall be unlawful and a person commits a
whether or not a permit has been issued for said misdemeanor if he operates or causes to be oper-
business under this article, and allows such busi- ated a sexually-oriented business, regardless of
ness to remain open for business,or to permit any whether or not a permit has been issued under
employee to engage in a performance, solicit a this article,and knowingly or with reason to know
performance, make a sale,solicit a sale,provide a permits, suffers or allows any employee:
service, or solicit a service, between the hours of
2:00 a.m. and 9:00 a.m. of any particular day. (1) To engage in a straddle dance with a person
at the business;
(b) It shall be unlawful and a person commits a
misdemeanor if, working as an employee of a (2) To contract or otherwise agree with a person
sexually-oriented business,regardless of whether to engage in a straddle dance with a person
or not a permit has been issued for said business at the business;
under this article,said employee engages in a per-
formance, solicits a performance, makes a sale, (3) To engage in any specified sexual activity
solicits a sale,provides a service, or solicits a ser at the business; --�
vice between the hours of 2:00 a.m. and 9:00 a.m. (4) To display or expose any specified anatom-
of any particular day. ical area while simulating any specified
(Ord. No. 91-83, § 22) sexual activity with any other person at
the establishment, including with another
Sec. 26-168. Nudity prohibited at businesses employee;
offering for sale alcoholic bever-
ages. (5) To intentionally touch any person at the
sexually-oriented business while engaged
Section 6-2 of this Code, or applicable munic- in the display or exposure of any specified
ipal ordinances, prohibiting nudity at any county anatomical area;
commercial establishment at which alcoholic bev-
erages are offered for sale for consumption on the (6) To voluntarily be within three feet of any
premises, are hereby declared to be specifically person,other than another employee,while
applicable to sexually-oriented businesses,regard- engaged in the display or exposure of any
less of whether or not a permit has been issued to specified anatomical area.
said businesses under this article.
(Ord. No. 91-83, § 23) (b) It shall be unlawful and a person commits a
misdemeanor if, as an employee of a sexually-
Sec. 26-169. Nudity at businesses not offering oriented business, said person:
for sale alcoholic beverages. (1) Engages in a straddle dance with a person
It is hereby declared that F.S. § 800.03 prohib- at the business;
iting public nudity specifically applies to sexually- (2) Contracts or otherwise agrees to engage in
oriented businesses, regardless of whether or not a straddle dance with a person at the busi-
a permit has been issued to said businesses under ness;
this article, including said businesses even if no
alcoholic beverages are sold, served or consumed (3) Engages in any specified sexual activity at
at the premises of said businesses, pursuant to the business;
CD26:20
BUSINESSES § 26-172
(4) Displays or exposes any specified anatom- c. That the sexually-oriented business has
ical area while simulating any specified a permit which has expired or been can-
sexual activity with any other person at celed; or
the business, including with another em- d. That the sexually-oriented business has
ployee; a permit which has been revoked.
(5) While engaged in the display or exposure (2) It shall be unlawful and a person commits
of any specified anatomical area,intention- a misdemeanor if he alters or otherwise
ally touches a person at the sexually- changes the contents of a sexually-oriented
oriented business; business permit without the written per-
(6) Is voluntarily within three feet of any mission of the division.
person,other than another employee,while (Ord. No. 91-83, § 26)
said person/employee is engaged in the dis-
play or exposure of any specified anatom- Sec. 26-172. Additional operational provi-
ical area. sions.
(c) It shall be unlawful and shall constitute a (a) Every sexually-oriented business shall, re-
misdemeanor for any person at any sexually- gardless of whether or not said business is per-
oriented business, regardless of whether or not mitted under this article, observe the following
said business is permitted under this article, to general requirements:
intentionally touch an employee who is displaying
or exposing any specified anatomical area at the (1) Conform to all applicable building statutes,
sexually-oriented business. codes, ordinances and regulations,whether
federal, state or local;
(d) It shall be unlawful and shall constitute a
misdemeanor offense for any person at any (2) Conform to all applicable fire statutes,
sexually-oriented business, regardless of whether codes,ordinances,and regulations,whether
or not said business is permitted under this ar- federal, state or local;
tide, to engage in a straddle dance with an em-
ployee at the business. (3) Conform to all applicable health statutes,
(Ord. No. 91-83, § 25) codes,ordinances,and regulations,whether
federal, state or local;
Sec. 26-171. Additional criminal prohibi- (4) Conform to all applicable zoning regula-
tions. tions and land use laws, whether state or
In addition to the criminal provisions found at local;
other sections of this article, the following addi-
tional criminal provisions shall also apply to (5) Maintain a continuously updated compila-
sexually oriented businesses: tion of the records required in section 26-164
and, on the first Monday of every month,
(1) It shall be unlawful and a misdemeanor for provide the division with an update of those
a permittee or an operator to operate or for records for all persons who are, or have
any person to be an operator or employee of been, employees at the business since the
a sexually-oriented business where the per- first Monday of the previous month, and
mittee, operator or employee knows or their positions.
should know any of the following:
(b) No permittee/operator may change the name
a. That the business does not have a of a sexually-oriented business unless and until
sexually-oriented business permit he satisfies each of the following requirements:
under this article;
b. That the sexually-oriented business has (1) Gives the division 30 days notice in writing
a permit which is under suspension; of the proposed name change;
CD26:21
§ 26-172 COLLIER COUNTY CODE
(2) Pays the division a $3.00 change of name ship is general or limited,and a copy of
fee; and the partnership agreement, if any;
c. A corporation, the corporation shall
(3) Complies with F.S. § 865.09. state its complete name,the date of its
(Ord. No. 91-83, § 27) incorporation, evidence that the corpo-
ration is in good standing under state
Secs. 26-173-26-185. Reserved. law, the names and capacity of all of-
ficers, directors and principal stock-
DIVISION 2. PERMIT holders,and the name of the registered
corporate agent and the address of the
Sec. 26-186. Required. registered office for service of process.
(a) No sexually-oriented business shall be per- (2) If the applicant intends to operate the
mitted to operate without a valid permit issued by sexually-oriented business under a name
the county community development services divi- other than that of the applicant, the
sion for the particular type of business.It shall be sexually-oriented business's fictitious name
unlawful and a person commits a misdemeanor if and the county of registration under F.S. §
he operates or causes to be operated a sexually- 865.09.
oriented business without said permit.
(3) Whether the applicant or any of the other
(b) The fact that a person possesses other types individuals listed pursuant to subsection
of state or county permits and/or licenses does not (b)(1) of this section has, within the five-
exempt him from the requirement of obtaining a year period immediately preceding the date --�
sexually-oriented business permit. of the application,been convicted of a spec-
(Ord. No. 91-83, § 6(a), (g)) ified criminal act, and, if so, the specified
criminal act involved, the date of convic-
Sec. 26-187. Application. tion and the place of conviction.
(a) An application for a permit required by this (4) Whether the applicant or any of the other
division must be made on a form provided by the individuals pursuant to subsection (b)(1) of
county community development services division. this section has had a previous permit under
Any person desiring to operate a sexually-oriented this division denied, suspended or revoked,
business shall file with the community develop- including the name and location of the
ment services division an original and two copies sexually-oriented business for which the
of a sworn permit application on the standard ap- permit was denied, suspended or revoked,
plication form supplied by the community devel- as well as the date of the denial,suspension
opment services division administrator or his des- or revocation,and whether the applicant or
ignee. any other individuals listed pursuant to sub-
section (b)(1) of this section has been a
(b) The completed application shall contain the partner in a partnership or an officer, di-
following information and shall be accompanied rector or principal stockholder of a corpora-
by the following documents and information: tion that is permitted under this division
(1) If the applicant is: whose permit has previously been denied,
suspended or revoked, including the name
a. An individual, the individual shall and location of the sexually-oriented busi-
state his legal name and any aliases ness for which the permit was denied, sus-
and submit satisfactory proof that he pended or revoked as well as the date of
is 18 years of age; denial, suspension or revocation.
b. A partnership, the partnership shall -�
state its complete name,and the names (5) Whether the applicant or any other indi-
of all partners, whether the partner- vidual listed pursuant to subsection (b)(1)
CD26:22
BUSINESSES § 26.187
of this section holds any other permits under isting uses regulated by this article within
this article and, if so, the names and loca- 1,500 feet of the property to be certified;
tions of such other permitted businesses. the property lines of any established church/
synagogue, school, child care center or
(6) The single classification of permit for which
public recreation area within 1,000 feet of
the applicant is filing. The applicant shall the property to be certified; and the prop-
state the general nature of the type of erty lines of any residentially zoned area
sexually-oriented business for which the ap- within 500 feet of the property to be certi-
plicant is seeking a permit, including the fled.For purposes of this section,a use shall
degree to which the anticipated activities be considered existing or established if it is
at the business meet the definitions of the in existence at the time an application is
enumerated sexually-oriented businesses at submitted.
sections 26-152 and 26-156. Such a state-
ment shall serve as the initial basis for the (13) If a person who wishes to operate a sexually-
permitted activities allowed under any oriented business is an individual,he must
permit that is issued. sign the application for a permit as appli-
(7) The location of the proposed sexually cant. If a person who wishes to operate a
oriented business,including a legal descrip-
tion sexually oriented business is other than an
tion of the property,street address,and tele individual, each individual who has a ten
phone number, if any. percent or greater interest in the business
must sign the application for a permit as
(8) The applicant's mailing address and resi- applicant.If a corporation is listed as owner
dential address. of a sexually-oriented business or as the en-
tity which wishes to operate such a busi-
(9) A recent photograph of the applicant and of ness, each individual having a ten percent
any person listed pursuant to subsection or greater interest in the corporation must
(b)(1) of this section. sign the application for a permit as appli-
(10) The applicant's driver's permit number,So- cant.
cial Security number, and/or his state or
federally issued tax identification number. (14) If a person wishes to operate a sexually
The same information shall be provided for oriented business which shall exhibit on the
any person listed pursuant to subsection premises films, videocassettes, or other
(b)(1) of this section. video reproductions which depict specified
sexual activities or specified anatomical
(11) A sketch or diagram showing the configu- areas, then said person shall comply with
ration of the premises, including a state- the application requirements stated at sec-
ment of total floor space occupied by the tion 26-163(a).
business. The sketch or diagram need not
be professionally prepared but it must be (15) The names of the employees for the pro-
drawn to a designated scale or drawn with posed sexually-oriented business,if known,
marked dimensions of the interior of the or, if presently unknown, a statement to
premises to an accuracy of plus or minus that effect.
six inches.The sketch or diagram shall des-
ignate any portion of the premises in which (c) Applicants for a permit under this section
patrons will not be permitted. shall have a continuing duty to promptly supple-
ment application information required by this sec-
(12) A current certificate and straight-line tion in the event that said information changes in
drawing prepared within 30 days prior to any way from what is stated on the application.
application by a state registered land sur- The failure to comply with said continuing duty
veyor depicting the property lines and the within 30 days from the date of such change, by
structures containing any established ex- supplementing the application on file with the di-
CD26:23
§ 26-187 COLLIER COUNTY CODE --...,,,,,
vision administrator or his designee, shall be the premises must be inspected and found to be in
grounds for suspension of a permit. compliance with the applicable jurisdiction's
health, fire and building codes and laws.
(d) In the event that the community develop- (Ord. No. 91-83, § 6(g))
ment services division administrator or his des-
ignee determines or learns at any time that the Sec. 26-190. Location compliance.
applicant has not properly completed the applica-
tion for a proposed sexually-oriented business, he Prior to obtaining an occupational license to op-
shall promptly notify the applicant of such fact erate any business defined in this article, and as
and allow the applicant ten days to properly com- part of any application for a permit under this
plete the application.The time period for granting division, the applicant shall obtain from the corn-
or denying a permit shall be stayed during the munity development services division adminis-
period in which the applicant is allowed an oppor- trator or his designee a certification that the pro-
tunity to properly complete the application. posed location of such business complies with the
(e) By applying for a permit under this divi- locational requirements of section 26 161.
sion, the applicant shall be deemed to have con—
sented to the provisions of this article and to the Sec. 26-191. Investigation of application.
exercise by the community development services
division administrator, or his designee, the sher- (a) Upon receipt of an application for a permit
iff's office and all other county agencies or state or under this division properly filed with the county
municipal agencies or officers charged with en- community development services division and
forcing the laws, ordinances and codes applicable upon payment of the nonrefundable application
in the county of their respective responsibilities fee,the community development services division ^.
under this article. administrator, or his designee, shall immediately
(Ord. No. 91-83, § 6(c)—(f), (k)) stamp the application as received and shall im-
mediately thereafter send photocopies of the ap-
Sec. 26-188. Application fee. plication to the sheriff's office and any other state,
(a) The applicant under this division shall be county or municipal agencies responsible for en-
required to pay a nonrefundable application fee of forcement of health, fire and building codes and
$250.00 at the time of filing an application under laws. Each department or agency shall promptly
this division if the location of the proposed conduct an investigation of the applicant, appli-
sexually-oriented business is in the unincorpo- cation and the proposed sexually-oriented busi-
rated area of the county. The applicant shall pay ness in accordance with its responsibilities under
the fee to the division. law and as set forth in this article. Said investi-
gation shall be completed within 20 days of re-
(b) The nonrefundable application fee shall be ceipt of the application by the community devel-
$300.00 if the location of the sexually-oriented opment services division administrator or his
business is in either the municipality of the City designee. At the conclusion of its investigation,
of Naples or Everglades City.If the$300.00 fee is each department or agency shall indicate on the
required, the applicant shall pay the fee to the photocopy of the application its approval or disap-
division and the division shall remit $150.00 to proval of the application, date it, sign it, and, in
the applicable municipality. the event it disapproves,state the reasons therefor.
(c) All application fees shall be subject to mod- The sheriff's office shall only be required to cer-
ification by resolution of the board of county corn- tify the FCIC/NCIC records request check men-
missioners. tioned at section 26-157(b).The sheriff's office shall
(Ord. No. 91-83, § 6(h)) not be required to approve or disapprove applica-
tions.
Sec. 26-189. Qualifications of applicant. (b) A department or agency shall disapprove an
The applicant under this division must be qual- application if it finds that the proposed sexually-
ified according to the provisions of this article and oriented business will be in violation of any pro-
CD26:24
BUSINESSES § 26-192
vision of any statute, code, ordinance, regulation 59 USLW 4745 (1991). The permit shall be
or other law in effect in the county or applicable posted in a conspicuous place at or near the
municipality. After its indication of approval or entrance to the sexually-oriented business
disapproval, each department or agency shall im- so that it can be easily read at any time.
mediately return the photocopy of the application
to the community development services division (c) Denial of application for permit.
administrator or his designee.
(Ord. No. 91-83, § 7) (1) The community development services divi-
sion administrator, or his designee, shall
Sec. 26-192. Issuance. deny the application for any of the following
reasons:
(a) The community development services divi-
sion administrator,or his designee,shall grant or a. An applicant is under 18 years of age.
deny an application for a permit under this divi- b. An applicant or an applicant's spouse
sion within 30 days from the date of its proper is overdue on his payment to the county
filing. Upon the expiration of the 30th day, the or applicable municipality of taxes,
applicant may be permitted to begin operating fees,fines,or penalties assessed against
the business for which the permit is sought, un- him or imposed upon him in relation to
less and until the community development ser- a sexually-oriented business.
vices division administrator, or his designee, no- c. An applicant is residing with a person
tifies the applicant of a denial of the application who has been denied a permit by the
and states the reason for that denial.Nothing con- county to operate a sexually-oriented
tained herein is intended to, or shall be construed business within the preceding 12
to, exempt an applicant from compliance with all months, or residing with a person
other applicable county, municipal, state and fed- whose permit to operate a sexually-
eral laws including, but not limited to, require- oriented business has been revoked
ments to obtain a building permit, certificate of within the preceding 12 months.
occupancy, occupational license or zoning ap- d. An applicant has failed to provide in-
proval. formation reasonably necessary for the
issuance of the permit or has falsely
(b) Grant of application for permit. answered a question or request for in-
(1) The community development services divi formation on the application form.
sion administrator, or his designee, shall e. The premises to be used for the
grant the application unless one or more of sexually-oriented business have not
the criteria set forth in subsection(c)of this been approved as being in compliance
section is present. with health, fire and building codes by
the department or agency responsible
(2) The permit, if granted, shall state on its under law for investigating said com-
face the name of the person to whom it is pliance.
granted,the name of the business,the date f. The application or permit fees required
of issuance, the expiration date, and the by this division have not been paid.
address of the sexually-oriented business. g. An applicant of the proposed business
The permit shall also refer to F.S. §800.03, is in violation of, or is not in compli-
with the warning that any sexually-oriented ance with, any of the provisions of this
business,whether or not a permit has been article.
issued for said business under this division, h. The granting of the application would
may be subject to said section's prohibition violate a statute, ordinance, or court
against public nudity pursuant to the order.
United States Supreme Court decision in i. The applicant has a permit under this
Barnes v. Glen Theatre, Inc., 501 U.S. division which has been suspended or
, 115 L.Ed.2d 504, 111 S.Ct.2456, revoked.
CD26:25
§ 26-192 COLLIER COUNTY CODE
j. An applicant has been convicted of a Sec. 26-193. Annual permit fee.
specified criminal act for which:
(a) The annual nonrefundable fee for a sexually-
1. Less than two years have elapsed oriented business permit shall be $250.00 if the
since the date of conviction or the location of said business is in the unincorporated
date of release from confinement area of the county. The permittee shall pay the
imposed for the conviction, which- fee to the division.
ever is the later date,if the convic-
tion is of a misdemeanor offense; (b) The annual nonrefundable fee for a sexually-
2. Less than five years have elapsed oriented business permit shall be $350.00 if the
since the date of conviction or the location of said business is in either the munici-
date of release from confinement pality of the City of Naples or Everglades City. If
imposed for the conviction, which- the $350.00 fee is required, the permittee shall
ever is the later date,if the convic- pay the fee to the division and the division shall
tion is of a felony offense; or remit $200.00 to the applicable municipality.
3. Less than five years have elapsed (c) All annual permit fees shall be subject to
since the date of the last conic- modification by resolution of the board of county
tion or the date of release from con- commissioners.
finement for the last conviction, (Ord. No. 91-83, § 10)
whichever is the later date, if the
convictions are of two or more mis-
demeanor offenses or a combina- 26-194. Expiration of permit.
tion of misdemeanor offenses oc- (a) Each permit shall expire one year from the
curring within any 24-month date of issuance and may be renewed only by �'
period. making application as provided in this division
The fact that a conviction is being ap- (for renewals, a new survey, in addition to the
pealed shall have no effect on disqual- survey originally filed shall not be required). Ap-
ification of the applicant.An applicant plication for renewal shall be made at least 30
who has been convicted of a specified days before the expiration date, and when made
criminal act may qualify for a sexually- less than 30 days before the expiration date, the
oriented business permit only when the expiration of the permit will not be affected.
time period required by this subsection (b) When the community development services
has elapsed. division administrator, or his designee, denies re-
(2) If the community development services di- newal of the permit, the applicant shall not be
vision administrator, or his designee, de- issued a permit under this division for one year
nies the application, he shall notify the ap- from the date of denial. If, subsequent to denial,
plicant of the denial and state the reason the community development services division ad-
for the denial. ministrator, or his designee, finds that the basis
for denial of the renewal of the permit has been
(3) If a person applies for a permit for a par- corrected,the applicant shall be granted a permit
titular location within a period of nine if at least 90 days have elapsed since the date
months from the date of denial of a pre- denial became final.
vious application for a permit at the loca- (Ord. No. 91-83, § 12)
tion,and there has not been an intervening
change in the circumstances which could Sec. 26-195. Transfer of permit.
reasonably be expected to lead to a dif-
ferent decision regarding the former rea- (a) A permittee shall not operate a sexually-
sons for denial,the application shall be de- oriented business under the authority of a permit .--„,‘
nied. at any place other than the address designated in
(Ord. No. 91-83, § 9) the application for permit.
CD26:26
BUSINESSES §26-197
(b) A permittee shall not transfer his permit to (4) Knowingly permitted gambling by any
another person unless and until such other per- person on the sexually-oriented business
son satisfies the following requirements: premises;
(1) Obtains an amendment to the permit from (5) Operated the sexually-oriented business
the community development services di- in violation of a building, fire, health, or
vision administrator,or his designee,which zoning statute, code, ordinance or regula-
provides that he is now the permittee, tion, whether federal, state or local, said
which amendment may be obtained only determination being based on investiga-
if he has completed and properly filed an tion by the division,department or agency
application with the community develop- charged with enforcing said rules or laws.
ment services division administrator, or In the event of such statute, code, ordi-
his designee, setting forth the informa- nance or regulation violation,the commu-
tion called for under this division in the nity development services division admin-
application; and istrator, or his designee, shall promptly
(2) Pays a transfer fee of 20 percent of the notify the permittee of the violation and
annual permit fee set by this division. shall allow the permittee a seven-day
period in which to correct the violation. If
(c) No permit may be transferred when the the permittee fails to correct the violation
community development services division admin- before the expiration of the seven-day
istrator or his designee has notified the permittee period, the community development ad-
that suspension or revocation proceedings have ministrator, or his designee, shall forth-
been or will be brought against the permittee. with suspend the permit and shall notify
the permittee of the suspension. The sus-
(d) A permittee shall not transfer his permit to pension shall remain in effect until the
another location. violation of the statute,code,ordinance or
(e) Any attempt to transfer a permit either regulation in question has been corrected;
directly or indirectly in violation of this section is or
hereby declared void and the permit shall be (6) Engaged in a permit transfer contrary to
considered abandoned and shall automatically this division. In the event that the com-
revert to the community development services munity development services division ad-
division administrator. ministrator, or his designee, suspends a
(Ord. No. 91-83, § 16) permit on the ground that a permittee
engaged in a permit transfer contrary to
Sec. 26-196. Suspension of permit. this division, the administrator or his
The community development services division designee shall forthwith notify the permit
administrator, or his designee, shall suspend a tee of the suspension. The suspension
permit for a period not to exceed 30 days if he shall remain in effect until the adminis-
determines that a permittee, or an employee of a trator or his designee is satisfied that the
permittee, has: requirements of this division have been
met.
(1) Violated or is not in compliance with any (Ord. No. 91-83, § 13)
section of this article;
(2) Engaged in excessive use of alcoholic bev- Sec. 26-197. Revocation of permit.
erages while on the sexually-oriented busi-
ness premises; (a) The community development services divi-
sion administrator,or his designee,shall revoke a
(3) Refused to allow an inspection of sexually- permit if a cause of suspension in section 26-196
- oriented business premises as authorized occurs and the permit has been suspended within
by this article; the preceding 12 months.
Supp. No. 25 CD26:27
§26-197 COLLIER COUNTY CODE t.Th
(b) The community development services divi- date revocation became effective. If, subsequent
sion administrator,or his designee,shall revoke a to revocation, the community development ser-
permit upon determining that: vices division administrator finds that the basis
(1) A permittee gave false or misleading in- for revocation under subsection (7) of subsection
formation in the material submitted dur (b) of this section has been corrected, the appli-
ing the application process; cant shall be granted a permit if at least 90 days
have elapsed since the date revocation became
(2) A permittee or an employee has know- effective. If the permit was revoked under subsec-
ingly allowed possession, use or sale of tion(b)(5)of this section, an applicant may not be
controlled substances on the premises; granted another permit until the number of years
(3) A permittee or an employee has know- required under section 26-192 have elapsed.
ingly allowed prostitution on the pre- (Ord. No. 91-83, § 14)
mises;
(4) A permittee or an employee knowingly
operated the sexually-oriented business Sec. 26-198. Judicial review.
during a period of time when the
permittee's permit was suspended;
After denial of an application for a permit
(5) A permittee has been convicted of a spec- under this division, or denial of a renewal of an
ified criminal act for which the time pe- application, or suspension or revocation of a per-
riod required in section 26-192 has not mit, the applicant or permittee may seek prompt
elapsed; judicial review of such administrative action in
(6) On two or more occasions within a 12- the county circuit court. The administrative ac-
month period, a person committed an tion shall be promptly reviewed by the court.
offense, occurring in or on the permitted (Ord. No. 91-83, § 15)
premises, constituting a specified crimi-
nal act for which a conviction has been
obtained, and the person was an em- Sec. 26-199. Consent.
ployee of the sexually-oriented business
at the time the offenses were committed.
The fact that a conviction is being ap- By holding a permit under this division, the
pealed shall have no effect on the revoca- permittee shall be deemed to have consented to
tion of the permit; the provisions of this article and to the exercise by
(7) A permittee is delinquent in payment to the division and all other county, federal, state
the county, state, or any municipality and municipal departments, agencies, officers,
within the county, for any taxes or fees agents and employees of their respective respon-
past due; or sibilities under this article or other applicable
laws.
(8) A permittee or an employee has know- (Ord. No. 91-83, § 30)
ingly allowed any act of sexual inter-
course, sodomy, oral copulation, mastur-
bation, or any other specified sexual
activities to occur in or on the permitted
premises. Secs. 26-200-26-225. Reserved.
(c) When the community development services
division administrator, or his designee, revokes a
permit,the revocation shall continue for one year
and the permittee shall not be issued a sexually-
oriented business permit for one year from the
Supp.No. 25 CD26:28
BUSINESSES §26-227
ARTICLE V. NONCONSENT TOWING, owner or association board for the removal of a
PRIVATE PROPERTY TOWING AND vehicle or vessel parked on real private property.
STORAGE OF VEHICLES*
Authorized wrecker operator means a wrecker
Sec. 26-226. Title. operator who is then designated as part of the
wrecker operator system established by the gov-
This article shall be known and cited as the ernmental unit that then has jurisdiction over the
"Collier County Non-Consent lowing,Private Prop- scene of a wrecked or disabled vehicle (including,
erty Towing, Immobilization and Storage of Vehi- when applicable,the Division of Florida Highway
des Ordinance". Patrol),where the governmental unit/law enforce-
(Ord. No. 2008-47, § 1; Ord. No. 2009-60, § 1) ment officer has determined necessary the re-
moval of a vehicle/vessel by rotation wrecker.
Sec. 26-227. Definitions. Commercial Motor Vehicle is defined as follows:
In case of ambiguity, F.S. Any motor vehicle or motor vehicle combination
y' F § 1.01(15), can beused on the streets or highways,which: (a)has a
referred to construe the intent of this article. As gross vehicle weight of 26,001 pounds or more, or
used in this article,the respective words or phrases has three or more axles regardless of weight,or is
mean: used in combination when the weight of such
Accident scene means the place where the ve- combination exceeds 26,001 pounds gross vehicle
hicle/vessel is located immediately following an weight; (b) is designed to transport more than 15
accident that damaged that vehicle/vessel, pre- persons, including the driver; or (c) is transport-
venting safe operation. ing hazardous materials and is required to be
placarded in accordance with Title 49 C.F.R. part
Administrative/lien fee shall mean the fee that 172, Subpart F.
is charged by a towing company for title records,
conducting a lien search, advertising costs, and Disabled means a vehicle/vessel that cannot be
certified mail notification to the lienholder,owner moved by its own power because the physical
and all persons with a vested interest in the condition of the towed vehicle/vessel, including
vehicle of the whereabouts and charges against a from non-use, lack of fuel, mechanical malfunc
vehicle or vessel as required by F.S. § 713.78. tion or because such movement, except by being
towed, would otherwise be illegal or violate a
Authorized person (for a vehicle/vessel) means private rule.
any individual who at the time a decision to select
a towing company is made, has lawful, actual or Extra time at scene shall mean any extra time
constructive physical possession or custody of beyond one-half (1/2) hour at an accident scene,
that vehicle/vessel, including, prioritized in this needed to safely remove a vehicle/vessel and shall
descending order:registered owner or co-owner of also include the amount of time spent at a scene
the vehicle/vessel, operator of the vehicle/vessel, when a tow truck has been summoned and is on
bailee of the vehicle/vessel, or licensed passenger scene but unable to proceed through no fault of
who is then 16 years of age or older, or insurance the tow truck operator. All extra billable time
company authorized by the owner or co-owner of a shall be documented by the tow truck operator
vehicle/vessel. and shall include the following information: (1)
the name of the law enforcement agency, (2) the
Authorized agent (for a property) means any law enforcement agency case number, (3) a de-
agent or authorized agent for a property owner tailed description of the reason for the extra time
who has written authority to sign for an absentee required to remain at the accident scene, and (4)
the officer's name badge number. The documen-
*Editor's note—Ord.No.2008-47,§§ 1-8,Sept.9,2008, tation shall also include a detailed explanation of
amended art. V in its entirety to read as herein set out.
Former art.V,§§26-226-26-231,pertained to maximum fees the services rendered which necessitated the ad
for nonconsent towing and storage of vehicles and derived ditional charges. Extra time on scene shall be
from Ord.No.99-38,§§ 1-6, adopted May 25, 1999. charged in fifteen-minute increments.
Supp. No. 30 CD26:29
i-227 COLLIER COUNTY CODE
Gross Weight shall mean the weight of a tow officer where an authorized wrecker operator is
truck in pounds plus the weight of the vehicle(s)/ dispatched off of the wrecker rotation system (a
vessel(s) or other machinery and the contents non-consent tow).
being towed.
Light reflective sign shall mean an eighteen-
Incapacitated means any person who is then inch wide by twenty-four inch high sign made of
physically or legally unable to operate the towed aluminum(at least 0.040 thickness)or fiber rein-
vehicle/vessel at that time of the rotation request forced plastic (at least 0.090 thickness). The en-
made by law enforcement because of that person's tire background surface and all lettering must at
physical condition, including sickness, injury, be- a minimum be type 1 engineered grade sheeting
ing under the influence of alcohol or controlled (ASTM D4956-01). The letters may be screen
substance, being under arrest, being detained, printed on the type 1 sheeting using a compatible
revocation or suspension of that person's opera- transparent ink so that the retroreflective is main-
tor's license or permit,or any other condition that tained and visible.
the jurisdictional law enforcement officer deter-
mines is justification to call a wrecker off of Mileage charge shall mean allowable charges
rotation. for miles from the location of the company storage
yard to the location of an accident scene or scene
Immobilization Device means any device at- of a rotation call authorized by a jurisdictional
tached to a vehicle which is designed to prevent law enforcement agent. Mileage charges are not
the vehicle from being operated. reimbursable for private property towing.
Immobilization means the utilization of a"boot" Non consent towing means the recovery, tow
other Immobilization Device that causes a ing,removal and storage of a vehicle/vessel with-
out authorization of the vehicle/vessel owner or
iicle to be immobile or otherwise renders a authorized driver and shall include both "Law
l'I6'ehicle immobile or inoperable. Enforcement Officer Tows" and "Private Property
Immobilization Company means the private Impounds/Tows" as defined herein.
partnership,corporation or other privately owned Operator shall mean any person who provides
business entity,including sole proprietor,engaged the services of recovering, towing, or removing
in the immobilization of vehicles, including the vehicles/vessels and anyvehicle/vessel storage
utilization of a "boot" or other Immobilization g
services associated therewith and includes with-
Device that causes a vehicle to be immobile or out distinction the owning of a towing firm and
otherwise renders a vehicle immobile or inopera- the driver of a tow truck.
ble.
Person shall mean any natural person, firm,
Law means all applicable ordinances, Florida partnership, association, corporation or other en-
Statutes, United States Statutes and Codes, spe- tity of any kind whatsoever.
cial acts, or any applicable lawful rules and reg-
ulations enacted,promulgated,or adopted by any Private property means all real property not
governmental entity or any agency or subdivision owned by, leased to, or similarly controlled by a
thereof. governmental entity, including private roads.
Law Enforcement Officer means every officer Private property impound or tow shall mean
(full- or part-time) as then defined by federal law towing or removal of a vehicle/vessel without the
or by Florida Statute, including subsection consent of the vehicle's owner or authorized driver
112.531(1), any subsection of 316.1906(1)(d)(1)(3) when that vehicle/vessel is parked on real prop-
inclusive; or subsection 9443.10(1), (6) or (8). erty, as authorized by F.S. § 715.07, as may be
amended, when the authorized agent for the
Law Enforcement Tow shall mean any tow property or the owner of the property has re-
authorized by any jurisdictional law enforcement quested removal of the vehicle/vessel.
Supp.No. 30 CD26:30
BUSINESSES §26-227
Private rule means restrictive covenant, deed a location where the person providing the towing
restriction, parking ticket restriction, and any services exercises control,supervision and respon-
other private rule or regulation that prohibits sibility over the vehicle/vessel.
that type of vehicle/vessel from being at or on that Storage facility shall mean the location where
private property at that time, and towing or
immobilizing that vehicle/vessel from that prop towed vehicle/vessels are stored.
erty is then allowed by law. Tow shall mean to haul, draw or pull along a
vehicle or vessel by means of a tow truck(wrecker)
Real property owner shall mean that person for hire equipped with booms,car carriers,winches
who exercises dominion and control over real or similar commercially manufactured equip-
private property, including but not limited to,the ment.This is usually done by transporting vehicle/
legal titleholder, lessee, designated representa- vessels through a means other than the towed
tive of a condominium or homeowner's association vehicle/vessel's power source by pulling the vehicle/
or any person authorized to exercise or share vessel behind a truck or transporting the towed
dominion and control over real property; pro- vehicle/vessel on a truck bed or other substan-
vided, however, that "real property owner" shall tially similar conveying vehicle/vessel that has
not mean or include a person providing towing four or more wheels.
services within the purview of this article.
Towing company means any private partner-
Recover shall mean to take possession of a ship, corporation or other privately owned busi-
vehicle/vessel and its contents and to exercise ness entity, including sole proprietor, engaged in
control, supervision and responsibility over it; the operation of towing vehicles/vessels by means
including removal of vehicles from a canal or of a tow truck slide bed,wrecker or any other form
other body of water, wooded area, or any other of towing apparatus designated for the purpose of
unpaved area. transporting motor vehicles or vessels. This defi-
Remove shall mean the removal of a vehicle/ nition includes any person,company,corporation,
vessel from a canal or other body of water, a or other entity, which engages in, owns or oper-
wooded area not readily accessible to a roadway ates a business that provides non-consent towing,
(i.e., within a standard cable length) or when a recovery, removal and storage of vehicles/vessels
vehicle/vessel is buried. This includes towing, for compensation.
winching, skating, using go jacks, or any other Tow truck placard shall mean a decal or sign
method employed by towing companies. issued by the local government agent, authorized
jurisdictional law enforcement agency, or similar
Road means alley, court,drive,driveway,high- governmental body,which is placed upon any tow
way, interstate highway,lane, parking lot, street, truck to designate authorization to engage in
or any other substantially similar place,public or non-consent tows and to allow parking in spe-
private. cially designated areas authorized by the county
Scene means a physical location from where a or jurisdictional governing body.
vehicle is towed following response thereto by a Unavailable means that no authorized person
law enforcement officer, including with regard to is physically present at the scene; or is present,
an impounded vehicle/vessel or an abandoned but is incapacitated. When no accident scene is
vehicle/vessel. involved, an authorized person is unavailable if
he or she cannot readily be contacted to be asked
Storage means retaining actual physical pos-
to decide which towing company can tow that
session of a vehicle/vessel at a private storage
vehicle/vessel on that occasion.
facility anywhere in Florida, for consideration,
including storage at such a private storage facility Vehicle means a machine or other substantially
by or on behalf of a governmental entity or agency similar thing designed or used to transport one or
of any subdivision thereof. Storage shall further more persons and/or property over road or land in
mean to place and leave a towed vehicle/vessel at the State of Florida, and that has two or more
Supp.No.30 CD26:31
L,3-227 COLLIER COUNTY CODE
wheels,and is propelled by its own engine,motor,
or pulling animal(s). Vehicle includes car, truck, Light duty-Nonlaw enforcement towing
trailer, semi-trailer, motorcycle, motor scooter, 1. Minimum gross weight 10,000 lbs.
moped, bus, van, recreational vehicle, all-terrain 2. Minimum weight of tow truck 4,000 lbs.
vehicle, golf cart, animal-drawn vehicle, and ev- 3. Minimum wheel lift extended rating 2,500 lbs.
ery other substantially similar means of wheeled 4. Minimum cab to axle dimension 60"
transportation.
(b) Class B ratings(medium duty):
Vessel is synonymous with boat as referenced Tow truck
in s. 1(b),Art. VII of the State Constitution and 1. Minimum gross weight 30,000 lbs.
includes every description of watercraft, barge, 2. Minimum extendable boom capacity 24,000 lbs.
and airboat, other than a seaplane on the water, 3. Minimum winching capacity,dual 12,000 lbs.
used or capable of being used as a means of 4. Minimum cable size and length 7/�s"x15o'
transportation on water in and around the State 5. Minimum wheel lift retracted rating 10,000 lbs.
6. Minimum wheel lift extended rating 7,000 lbs.
Of Florida. 7. Minimum tow sling safe lift 3,500 lbs.
Wrecked means a vehicle that cannot be driven 8. Minimum safety chains(2 each) 18"grade 80
away from its location because of the physical 9. Minimum cab to axle dimension 96"
condition of that vehicle/vessel, including from 10. Required state DOT registration
non-use.
Car carrier
(Ord.No. 2008-47, §2;Ord.No.2009-60,§2;Ord. 1. Minimum gross weight 25,500 lbs.
No. 2010-30, § 1) 2. Minimum deck capacity 15,000 lbs.
3. Minimum wheel lift capacity for sec- 4,000 lbs.
Sec. 26-228. Tow truck class specifications. and vehicle
4. Minimum length 21"
All tow truck vehicles must meet the following 5. Minimum winching capacity(1) 8,000 lbs.
'requirements and be commercially manufactured 6. Minimum cable size and length "/s"x 50'
and meet all federal transportation and tow truck 7. Minimum tie down chains(4 each) ''/,s"grade 80
requirements: 8. Tie down straps (optional) (4 each), 2,000 lbs.
per each wheel
(a) Class A ratings: 9. Minimum cab to axle dimension 120"
10. Required state DOT registration
Tow truck
1. Minimum gross weight 14,500 lbs. (c) Class C ratings(heavy duty):
2. Minimum telescoping boom capacity 16,000 lbs. 1. Minimum gross weight 58,000 lbs.
3. Minimum dual winching capacity 8,000 lbs. Air brakes, all tires H rated, capacity must equal
4. Minimum cable size and length 3/s"x100' axle rating. Device required controlling disabled
5. Minimum wheel lift retracted rating 5,000 lbs. vehicle's brakes.Tandem axles required.
6. Minimum wheel lift extended rating 3,000 lbs. 2. Minimum telescoping boom capacity 100,000 lbs.
7. Minimum tow sling safe lift 3,500 lbs. 3. Minimum winching capacity(dual) 50,000 lbs.
8. Minimum 10'safety chains(2 each) 5/15"grade 70 4. Minimum cable size and length 3/4"x 250'
9. Minimum cab to axle dimension 60" 5. Minimum wheel lift retracted rating 40,000 lbs.
6. Minimum wheel lift extended rating 15,000 lbs.
Car carrier 7. Minimum heavy-duty tow bar rating 10,000 lbs.
1. Minimum gross weight 19,000 lbs. 8. Minimum safety chains(2 each) i/z"grade 80
2. Minimum deck capacity 10,000 lbs. 9. Minimum cab to axle dimension 18"
3. Minimum length 19' 10. Required state DOT registration
4. Minimum winching capacity(1) 8,000 lbs.
5. Minimum cable size and length 3/s"x50' (d) Class D ratings theme duty):
6. Minimum tie down chains(4 each) 3di6"grade 80 Encompasses those specifications in excess of the
7. Tie down straps (optional) (4 each), 2,000 lbs. minimum gross weight and related criteria required
per each wheel for Class C ratings.
8. Minimum cab to axle dimension 120"
9. Minimum wheel lift capacity for sec- 2000 lbs. (Ord. No. 2008-47, § 3)
and vehicle
Supp.No. 30 CD26:32
BUSINESSES §26-229
Sec. 26-229. Maximum towing, storage and truck company, within 30 minutes
related rates pertaining to non- after completion of such towing or
consent tow services,as well as, removal, that the tow truck com-
private property towing, im- pany is in possession of a vehicle/
pound and immobilization. vessel resulting from a private prop-
(a) Limited to the specific towing or erty impound tow per F.S. § 715.07.
immobili-
zation operation and/or storage, this article does (4) Indoor storage rates may only be charged
not limit pass-through of any additional towing, upon the express direction and written
immobilization and/or storage related fees or authorization of the owner/authorized driv-
charges required or authorized by Florida law er/agent, lien holder, insurance company
which supersedes this article.Also,limited to the representative or investigating law en-
specific towing, immobilization and/or storage, forcement agency. The only exceptions to
this article does not affect any then existing this rule are:
rights of a towing or immobilization company to a. When the condition of the vehicle/
recover from any person or entity all costs actu- vessel requires indoor storage due to
ally paid for filing any form(s), taking any legal
inclement weather conditions or the
action(s),and/or other substantially similar costs. vehicle's window(s) and/or convert
(b) The Board of County Commissioners shall, ible top is down and cannot be raised
by resolution, establish maximum rates for non- and indoor storage is necessary to
consent law enforcement towing,private property protect the vehicle and its contents;
towing, storage, immobilization and related ser- or
vices of towed vehicles/vessels, which may be b. When a municipal or county jurisdic-
amended from time to time as follows: tion requires indoor storage for towed
(1) Towing services per call, which shall in- vehicles/vessels.
elude time from arrival on scene through (5) An administrative/lien fee shall only be
the first thirty(30)minutes on scene that charged after the vehicle/vessel has been
the tow truck is actually engaging in the in the storage facility for at least five (5)
safe removal of a vehicle/vessel. calendar days, and:
(2) A mileage charge for only law enforce- a. The law enforcement agency has pre-
ment directed tows based upon the dis- pared an incident report authorizing
tance from the towing business' location the vehicle/vessel to be impounded;
to the scene and back. or
(3) Storage charges that shall begin six (6) b. The law enforcement agency has been
hours after arrival at the towing company notified by the tow truck company,
location and will accrue in twenty-four within 30 minutes after completion
(24)hour intervals starting each day there- of such towing or removal, that the
after from the time of original arrival to tow truck company is in possession
the storage location(e.g., car towed in for of a vehicle/vessel resulting from a
storage at 6:00 p.m., between 6:00 p.m. private property impound tow per
and 12:00 a.m. no storage charge applies, F.S. § 715.07; and
at 12:01 a.m. charges for day one storage
begins, the next day at 6:01 p.m. the c. The tow truck company must show
second day of storage begins), where: proof that lien letter(s) have been
prepared with the appropriate names
a. Law enforcement has authorized the
vehicle/vessel to be impounded; or and addresses (i.e., U.S. Mail Certi-
fication Number,correspondence cop-
b. The appropriate law enforcement ies, etc.), thereby establishing that
agency has been notified by the tow fees have actually been expended.
Supp.No.30 CD26:33
229 COLLIER COUNTY CODE
(6) Underwater recovery performed by a cer- Sec. 26-230. Towing or immobilization with
tified/professional diver with the written prior express instruction of real
documentation and approval by the inves- property owner or authorized
tigating law enforcement agency/officer agent and/or law enforcement
on scene. agency.
(7) A late hour gate fee may be applied be- In addition to the other requirements of this
tween the hours of 6:00 p.m. to 8:00 a.m. article, no tow truck company shall, for compen-
Monday through Friday, and 6:00 p.m. sation, recover, tow, or remove a vehicle/vessel
Friday to 8:00 a.m. Monday, for law en- from real property, or provide storage in connec-
forcement tows, when: tion therewith, nor shall a immobilization com-
pany immobilize a vehicle/vessel from real prop-
a. Impounded vehicles/vessels are re- erty, without the prior express instruction of the
covered by the owner or authorized vehicle/vessel owner or authorized driver, except
driver/agent during the aforemen- in accordance with the following:
tioned late-hour gate period; or (1) Police directed tow: Tow truck companies
b. The owner or authorized driver/ may for compensation recover, tow or re-
agent wishes to recover property from move a vehicle/vessel based upon a law
the impounded vehicle/vessel during enforcement directed tow without the prior
the late hour gate period.There shall express instruction of the vehicle/vessel
be no charge to any owner or autho- owner or authorized driver upon the prior
rized person wishing to remove pre express instruction of a law enforcement
agency and in accordance with the terms
scription medication and prescrip- of any contracts or agreements between
tion eyeglasses from an impounded the tow truck company and a governmen-
tal Tow truck operators tal entity and/or law enforcement agency.
may inform the owner or authorized
driver/agent of the vehicle/vessel that (2) Private property impound: Tow truck or
he/she may request that law enforce- immobilization companies may recover,
ment officer be present at the time tow,immobilize or remove a vehicle/vessel
agreed upon to recover the property based upon a private property impound
sought. If it is found that the autho- without the prior express instruction of
rized driver/agent of the vehicle/ the vehicle/vessel owner or authorized
vessel made a false request to re- driver, upon the prior express instruction
cover prescription medication and/or of a real property owner or his authorized
prescription eyeglasses in order to agent on whose property the vehicle/
recover other items, the tow truck vessel is disabled, abandoned or parked
operator may impose a late-hour gate without authorization or whose vehicle/
fee double the rate allowed by this vessel owner or authorized agent is un
article. willing or unable to remove the vehicle/
vessel, provided that the requirements of
(8) Hazardous material clean-up and dis- this article are satisfied. All companies
posal as required, mandated and/or li- providing private property towing and/or
censed through federal,state or local laws immobilization in Collier County must
and approved by the investigating law have their storage facility(tow truck corn-
enforcement agency/officer. panies only) and an office located within
the county. Further, any towed or re-
(9) Rates for the release of an immobilization moved vehicle or vessel must be stored at
device. a site within a 10-mile radius of the point
(Ord.No.2008-47,§4;Ord.No.2009-60, §3;Ord. of removal within the county boundaries.
No. 2010-30, § 2) A person may not pay or accept money or
Supp.No.30 CD26:34
BUSINESSES §26-230
other valuable consideration for the priv- (3) Except as otherwise provided in this arti-
ilege of towing,immobilizing or removing cle, every prior express instruction made
vehicles or vessels from a particular loca- in writing or in person shall indicate the
tion. date and time of the instruction and shall
be signed by the law enforcement officer
The tow truck or immobilization company with their Identification number.
recovering, towing or removing a vehicle/
vessel shall, within thirty(30)minutes of (4) Except as otherwise provided in this arti-
completion of such towing, immobiliza cle,no such prior express instruction shall
tion or removal, notify the appropriate be considered to have been given:
law enforcement agency in which jurisdic- a. By the mere posting of signage as
tion the vehicle/vessel was parked of the required by this article;
nature of the service rendered, the name b. By virtue of the terms of any con-
and address of the storage facility where tract or agreement between a tow
the vehicle/vessel will be stored or where truck company and a real property
the vehicle is immobilized, the time the owner;
vehicle was secured to the towing vehicle/ c. When the prior express instruction
vessel or immobilized, and the make,
model,color and vehicle license plate num- occurs in advance of the actual un
ber(if any) or registration number of the authorized parking of the vehicle/
vehicle/vessel. The tow truck or immobi- vessel; or
lization company shall obtain the name d. Where the prior express instruction
and identification number of the person is general in nature and unrelated to
at the law enforcement agency to whom specific, individual and identifiable
such information was reported and note vehicles/vessels, which are already
that name on the trip ticket. parked without authorization.
For all vehicles/vessels removed or immo (5) Each tow truck or immobilization corn-
Forpany shall enter into a written contract
bilized by a tow truck or immobilization
with every owner of private property that
company, a private property tow or immo authorizes the tow truck or immobiliza-
bilization ticket shall be completed and tion company to tow or immobilize vehicles/
signed by the property owner or represen- vessels from its property. This written
tative at the time of the tow or immobili- contract shall include the beginning date
zation that includes that individual's driv- of said contract,the names and titles of all
er's license number and the following persons (i.e., owner, property manager,
information: the year, make, model, color condominium president, etc.) who have
and vehicle identification number,the ve- the authority to appoint persons (i.e., se-
hide license plate number(if any),a state- curity guard,night watchman,onsite man-
ment of any visible damage to the exterior ager,etc.)who can authorize prior express
of the vehicle/vessel, and an inventory of instruction to the tow truck or immobili-
the visible inventory of the vehicle/vessel zation company to remove,recover,immo-
initialed by the real property owner or his bilize or tow any vehicle/vessel from its
authorized agent on whose property the property. The written contract shall also
vehicle is disabled, abandoned or parked include the name and current telephone
without authorization.Companies that do number of the tow truck or immobiliza-
not remove the vehicle from its location tion company performing the towing or
and are only providing immobilization immobilization service.Any addendum to
services are not required to include an the contract shall include additional names
inventory of the contents of the vehicle/ and titles as necessary. No such contract
vessel. shall state that the tow truck company
Supp.No. 30 CD26:35
` i-230 COLLIER COUNTY CODE
assumes the liability for improperly towed the services provided,any damages result-
vehicles/vessels, contrary to F.S. ing from the recovery, towing, immobili-
§ 715.07(4). The tow truck or immobiliza- zation removal or storage and attorney's
tion company must keep on file each con- fees and court costs.
tract and addendum (if applicable) with
the property owner. Such contract shall (9) Except as otherwise provided in this ordi-
be maintained for at least twelve (12) nance or allowed by law, the practice of
months after termination. Law enforce- placing a "boot" or other immobilization
ment officers/agencies may inspect and device on a vehicle is prohibited. When
request a copy of any and all such con- placement of an immobilization device is
tracts from the tow truck or immobiliza- allowed by law, immobilization shall oc-
tion company during normal business cur in accordance with the provisions of
hours. The tow truck or immobilization this ordinance or the provisions of any
company may not withhold production of applicable statute pursuant to which a
the contract upon demand by law enforce vehicle is immobilized, as follows:
ment officers/agencies. Failure to enter a. Only tow or immobilization compa-
into or keep on file a contract with the nies licensed to conduct business in
property owner shall be a violation of this Collier County and who are other-
article. All contracts that were entered wise in compliance with all applica-
into prior to the effective date of this ble Collier County ordinances may
article shall accomplish the requirements immobilize vehicles.
of this subsection by entering into an b. The practice of placing a boot or
addendum to the current contract within other immobilization device on a ve-
one (1) year following the enactment of hide to hold for towing is strictly
this article. prohibited. No immobilized vehicle
(6) Tow truck companies may not enter into a shall be towed by a towing company
written contract with the owner of private until at least(6)hours have elapsed
property that authorizes the tow truck after the installation of the immobi-
company to tow vehicles/vessels from the lization device. In the event that a
real property owner's property to a stor- vehicle is lawfully booted or other-
age yard where the mileage restrictions wise immobilized and towed under
have been exceeded contrary to F.S. this section,a separate fee for immo-
§ 715.07(2)(a)1, as may be amended from bilization may not be charged in
time to time. addition to the towing fee; the max-
(7) Real property owners or authorized rep imum rate shall be limited to that
resentatives shall not request the recov- which may be charged for towing
ery,tow,immobilization or the removal of said vehicle as set forth herein.
vehicles/vessels that are reasonably iden- c. When immobilization is accomplished
tifiable from markings or equipment as by the placement of an immobiliza-
law enforcement, fire fighting, rescue tion device on the vehicle,it shall be
squad, ambulance, or other emergency placed on the front wheel of the
vehicles which are marked as such or to driver's side of the vehicle. The im-
property owned by any governmental en- mobilization device may only be
tity. placed on any other wheel or vehicle
(8) Any person who improperly causes a ye- part if placement on the driver's side
hicle/vessel to be recovered, towed, or im-
mobilized, removed or stored shall be lia- d. Immediately after a vehicle is immo-
ble to the vehicle/vessel owner or bilized,the person immobilizing such
authorized representative for the costs of vehicle, the owner of the property
Supp.No.30 CD26:36
BUSINESSES §26-231
where the vehicle is immobilized, or vessel is proposed to be removed or immo-
an employee or agent of such person bilized and shall fulfill the following re-
or owner,shall affix upon each of the quirements:
front windows adjacent to the driv-
er's and passenger's seats of such a. A light reflective sign shall be prom-
vehicle a sticker measuring eight by inently placed at each driveway ac
five(8 x 5)inches,containing a warn- cess/entrance or curb cut allowing
ing that any attempt to move the vehicular access to the real property,
vehicle may result in damage to the within five (5) feet from the public
vehicle and stating the name and right-of-way line. If there are no
curbs or access barriers, the signs
business address of the person who shall be posted not less than one (1)
immobilized such vehicle as well as sign for each twenty-five (25)feet of
a business telephone number that lot frontage. The sign shall be per-
will facilitate the dispatch of person-
manently installed not less than four
nel responsible for removing the im (4)feet and not more than six(6)feet
mobilization device. The sticker will above ground level and shall be con
include the Collier County ordinance tinuously maintained on the real
number regulating the practice.Upon property for not less than twenty
payment to remove the immobilizing four (24) hours prior to the towing,
device, the immobilizing company immobilization or removal of any
shall completely remove the affixed vehicle/vessel(s).
sticker.
e. Upon request of the immobilized ve- b. The light reflective sign shall clearly
hide's owner or authorized driver/ display in not less than two-inch
agent, and payment of any applica- high letters on a contrasting back-
ble fee, the tow truck or ground, the words "UNAUTHOR-
immobilization company shall re- IZED VEHICLES WILL BE TOWED
lease the immobilized vehicle to the AWAY AT THE OWNER'S EX-
vehicle's owner or authorized driver/ PENSE". The words "TOW AWAY
agent within one (1) hour. ZONE"must be included on the light
(Ord.No.2008-47,§5;Ord.No.2009-60,§4;Ord. reflective sign in not less than four-
No. 2010-30, § 3) inch high letters on a contrasting
background. If the property owner
Sec. 26-231. Notice requirements for remov- has authorized the immobilization of
ing and immobilizing vehicles/ vehicles the sign shall read "UNAU-
vessels from and on private real THORIZED VEHICLES WILL BE
property. TOWED AWAY OR IMMOBILIZED
(a) Tow truck or immobilization companies duly AT THE OWNER'S EXPENSE".
permitted under this article may recover, tow, c. The light reflective sign shall clearly
immobilize or remove a vehicle/vessel or provide indicate, in not less than two-inch
storage in connection therewith upon the prior high letters on a contrasting back-
express instruction of a real property owner or ground, the days of the week, and
authorized agent, on whose property the vehicle/ hours of the day during which vehi-
vessel is abandoned or parked without the autho- Iles/vessels will be immobilized or
rization of the owner or other legally authorized towed away at the owner's expense;
person in control of that vehicle or vessel, pro- and the name, address and current
vided that the following requirements are satis- telephone number of the tow truck
fied: or immobilization company perform-
(1) Notice shall be prominently posted on the ing the towing or immobilization ser-
real property from which the vehicle/ vice.
Supp.No.30 CD26:37
>231 COLLIER COUNTY CODE
(2) Light reflective signs must be maintained vehicle owner or other authorized person in con-
or replaced so that they are clearly visi- trol of the vehicle/vessel of the name and address
ble,legible and light reflective at all times. of the tow truck or immobilization company that
The real property owner is responsible for has recovered,towed,immobilized or removed the
providing,maintaining,replacing,and re- vehicle/vessel.
moving signs, as necessary. Failing to
provide, maintain, replace and/or remove (c) If the vehicle/vessel owner or authorized
the signs in accordance with this section driver/agent arrives at the scene prior to the
is a violation of this article. vehicle/vessel being removed,immobilized or towed
(3) Startup:All new private property towing from the property, the vehicle/vessel shall be
or immobilization contracts must comply disconnected from the tow truck or the immobili-
with the light reflective sign require- zation device shall be removed and the vehicle/
ments beginning three (3) months after vessel owner or authorized driver/agent shall be
the effective date of this article.All other allowed to remove the vehicle/vessel without in-
"Tow Away" signs for previously existing terference upon the payment of a reasonable
contracts must comply with these require- service fee of not more than one-half(I/z) of the
ments, as signs are replaced, but no later posted rate for such towing service(drop charge),
than three (3) years after enactment of for which a receipt shall be given, unless that
this article. person refuses to remove the vehicle/vessel,which
is unlawfully parked. In the case of an immobi-
(4) The posting of notice requirements of this lized vehicle,the drop charge would be one-half of
section shall not be required where: the established fee. No service fee shall be de-
a. The real property on which a vehicle manded or paid if the vehicle was in the process of
is parked is property appurtenant to being immobilized but not yet connected to the
and obviously part of a single-family immobilization device. The bill/invoice must be
type residence; or presented to the vehicle/vessel owner authorized/
driver/agent prior to request for the payment. In
b. Written notice is personally given to the event the owner/driver of the vehicle/vessel is
the vehicle/vessel owner or autho- occupying the vehicle/vessel and refuses to vacate
rized driver/agent that the real prop- same,in addition to the drop charge, a tow truck
erty on which the vehicle/vessel is or company/driver is permitted to charge extra time
will be parked is reserved or other- at the scene where law enforcement involvement
wise not available for unauthorized is necessary and the tow truck driver obtains the
vehicles/vessels and is subject to be- name of the law enforcement agency,case number
ing removed or immobilized at the of the law enforcement agency and the name and
vehicle owner's expense. badge number of the investigating law enforce-
(b) When any real property owner instructs a ment officer. The tow truck driver shall also
vehicle/vessel to be recovered,towed,immobilized prepare detailed documentation/explanation as to
or removed from his or her property and stored, why"extra time at scene" charges were required.
she/he or a designated representative authorizing All documentation shall be provided to the vehicle/
the tow or immobilization shall sign their name vessel owner or authorized agent upon demand.
and print their driver's license number on the (Ord.No.2008-47, §6;Ord.No.2009-60,§5;Ord.
tow/immobilization ticket and include a vehicle No. 2010 30, § 4)
condition report and a visual inventory list thereon.
Companies that do not remove the vehicle from Sec. 26-232. Tow truck/immobilization corn-
its location and are only providing immobilization pany requirements.
services are not required to include an inventory
of the contents of the vehicle/vessel. Immediately (a) Tow truck companies providing services
upon request, and without demanding compensa- pursuant to this article shall not do so when there
tion, the real property owner shall inform the is a person or animal occupying the vehicle/vessel.
Supp.No.30 CD26:38
BUSINESSES §26-232
(b) Tow truck companies providing services the storage facility or, in the case of immobilized
pursuant to this article shall transport the vehicle/ vehicles,the immobilized vehicle's location,of the
vessel directly to the storage facility of the tow following:
truck company providing the service, or to such (1) Each and every document or other item
other location as a law enforcement officer autho- which must be produced to retrieve the
rizing the tow may expressly direct, and shall not vehicle/vessel;
keep the vehicle/vessel in any temporary holding
area. (2) The exact charges as of the time of the
telephone call, and the rate at which
(c) Tow truck or immobilization companies pro charges accumulate after the call;
viding services pursuant to this article shall keep (3) The acceptable methods of payment; and
on file complete records of all current rates charged (4) The hours and days the tow truck
for the recovery, towing, immobilization or re- company's storage facility is open for reg-
moval of vehicles/vessels and storage provided in ular business.
connection therewith. Tow truck companies shall
also display prominently at each storage facility (f) Tow truck or immobilization companies pro-
the following information: Signage which identi- viding services pursuant to this article shall allow
fies the name of the towing company,a schedule of every vehicle/vessel owner or authorized driver/
all charges and rates for removal of vehicles/ agent to inspect the interior and exterior of the
vessels for private property impounds and/or the towed/immobilized vehicle/vessel upon his or her
removal of immobilization devices, a statement arrival at the storage facility or at the immobi-
that the rates do not exceed the rates established lzed vehicle's location before payment of any
charges. In the case of immobilization companies,
and authorized pursuant to this article and the the immobilization device does not have to be
rights afforded to a vehicle/vessel owner or autho- removed until after payment is rendered. With
rized driver/agent pursuant to state statutes.The the exception of vehicles/vessels being held pur-
above information shall be posted prominently in suant to the specific request or "hold order" of a
the area designated by such tow truck companies law enforcement agency, the vehicle owner or
to transact business. During business hours,such authorized driver/agent shall be permitted to re-
area shall provide shelter, safety, and lighting move the vehicle license tag and any and all
adequate for the vehicle/vessel owner or autho- personal property inside but not affixed to the
rized driver/agent to read the posted rate sched- vehicle/vessel.
ule. Further, notice shall be posted advising the
vehicle/vessel owner or authorized driver/agent of (g) Companies providing services pursuant to
the right to request and review a complete sched- this article shall not store or impound a towed
ule of charges and rates for towing or immobili vehicle/vessel at a distance which exceeds a ten
zation services for the jurisdiction in which the mile radius of the location within Collier County
law enforcement order to tow was made. from which the vehicle/vessel was recovered,towed
or removed unless no towing company providing
(d) Tow truck companies shall provide signage services under this section is located within a
on the property clearly visible from the street ten mile radius,in which case a towed or removed
(unless otherwise prohibited by local zoning laws) vehicle/vessel must be stored at a site within
with at least three-inch letters on a contrasting twenty (20) miles of the point of removal within
background with the name and phone number of Collier County.
the tow truck company. (h) Tow truck companies providing services
pursuant to this article shall maintain one (1) or
(e) Tow truck or immobilization companies pro- more storage facilities and shall maintain a cur-
viding services pursuant to this article shall ad- rent county occupational license and shall be open
vise any vehicle/vessel owner or authorized driver/ for the purpose of redemption of vehicles/vessels
agent who calls by telephone prior to arriving at by owners or authorized drivers/agents on any
Supp.No.30 CD26:39
` 3-232 COLLIER COUNTY CODE
day that the tow truck company is open for towing (k) Tow truck companies operating in Collier
purposes from at least 8:00 a.m. to 6:00 p.m., County shall carry an insurance policy or policies
Monday through Friday and, when closed, shall or certificates of insurance that shall indemnify/
have posted prominently on the exterior of the insure such company for its liability, at a mini-
storage facility and place of business, if different, mum, as follows:
a notice indicating a telephone number where the (1) Auto liability for each tow truck:
tow truck company can be reached at all times. a. $300,000.00 combined single limit
Upon request of the vehicle/vessel owner or au- for Class A—Light Duty tow trucks
thorized driver/agent, the tow truck company used exclusively for private property
shall release the vehicle/vessel to the vehicle/ impounds.
vessel owner or authorized driver/agent within
one (1) hour. b. $500,000.00 combined single limits
for all other tow trucks.
(2) General/garage liability:
(i) Tow truck or immobilization companies shall
not, as a condition of release of the vehicle/vessel, a. $300,000.00 combined single limit
require a vehicle/vessel owner or authorized driver! for tow truck operators performing
agent to sign any release or waiver of any kind
only private property impounds.
which would release the tow truck or immobiliza- b. $500,000.00 combined single limit
tion company from liability for damages noted by for all other tow truck operators.
the vehicle/vessel owner or authorized driver/ (3) Garage keeper's liability: $50,000.00 for
agent at the time of the vehicle/vessel's release.A any one vehicle and $100,000.00 per oc-
detailed,signed receipt showing the legal name of currence.
tow truck or immobilization company remov (4) $50,000.00 on hook cargo liability cover
g or immobilizing the vehicle/vessel shall be age for each vehicle.
given to the vehicle owner or authorized driver/
agent at the time of payment,whether requested (5) Workers' Compensation coverage as re-
or not. quired by state law.
All insurance policies shall be issued by
insurance companies authorized and qual-
(j) Tow truck companies providing services pur- ified to do business in the State of Florida.
suant to this article shall post a notice clearly Notwithstanding the minimum insurance
visible to the vehicle/vessel owner or authorized coverage amounts required herein, the
driver/agent seeking to recover his/her towed ve- Collier County Sheriff may require higher
hicle/vessel,that if the owner or authorized driver/ coverage limits as a condition of eligibility
agent believes he/she is being overcharged for a for working law enforcement rotation calls.
non-consent tow or, he/she has the right to post a To the extent that State law requires
cash or surety bond (or other adequate security greater liability coverage amounts than
equal to the amount of the charges for towing or those stated herein, the greater amounts
storage) for the disputed amount with the circuit required by State law shall control.
court to obtain release of the vehicle/vessel.Upon (1) Immobilization companies shall carry an
the posting of the bond as set forth in F.S.§713.78, insurance policy or policies or certificates of in-
Florida Statutes, and payment of the applicable surance that shall indemnify/insure such com-
fee set forth in F.S. § 28.24, the clerk of the court pany for its liability in an amount of no less than
shall issue a certificate notifying the lienor of the $20,000.00 and for Workers'Compensation cover-
posting of the bond and directing the lienor to age as required by State law. All insurance poli-
release the vehicle or vessel.The towing company cies shall be issued by insurance companies au-
is obligated to release the vehicle upon a showing thorized and qualified to do business in Florida.
of proof of the bond. To the extent that state law requires greater
Supp.No.30 CD26:40
BUSINESSES §26-250
liability coverage amounts than those stated herein, also be maintained on file in each immo-
the greater amounts required by State law shall bilization service vehicle involved in vehi-
control. The insurance shall be kept in full force cle immobilization.
and effect by the certificate holder at all times the (3) Companies providing immobilization ser-
immobilization company is conducting business. vices shall accept payment to release ve
(m) The following additional provisions shall hicles/vessels in the form of cash, bank
apply to the immobilization of vehicles/vessels on debit card and major credit cards.
private property: (Ord.No. 2008-47, §7;Ord.No.2009-60,§6; Ord.
(1) Prior to immobilizing a vehicle for a first No. 2010 30, § 5)
time "incidental" parking violation (inci Sec. 26-233. Penalties, enforcement and
dental being defined as when a vehicle/ scope of article.
vessel is parked such that it intrudes
upon an area in violation of the private (a) Each violation of this article shall be sub-
property's rules at a distance of less than ject to the maximum fine and/or other penalties
6 inches)the immobilizing company shall as then specified in the law under which that
first post a legible printed warning notice enforcement action is based,including F.S.§125.69;
on the driver's side window of the vehicle/ F.S.ch. 162,pt.II; as if a misdemeanor under F.S.
vessel in a highly visible color, noting the §775.0823;or pursuant to any other provisions of
time that the warning was posted, and law incorporated by reference into section 1-6 of
stating that the vehicle/vessel is parked Collier County's Code of Laws and Ordinances on
in violation of the private property's rules the date of the violation.
and that if the vehicle is not relocated to a
proper parking spot within six(6)hours of (b) Notwithstanding imposition any other pen-
the issuance of the warning the vehicle/ alty or penalties by the county or by any other
bw vessel will be immobilized. The immobili- entity,three or more separate incidents involving
zation company shall keep records of the violations of this ordinance, committed by the
time of issuance of the warning notice for same towing or immobilization company within a
a minimum period of one (1)year. 365 day time period,is a per se sufficient basis for
forfeiture of that towing or immobilization
(2) Lease, rental, or property owners' associ- company's and/or storage company's Collier County
ation documents shall contain a notice occupational license for a period of sixty(60)days.
provision indicating that the residential
property utilizes vehicle/vessel immobili- (c) This article shall not apply to the towing/
zation. In the case of properties with immobilization of a vehicle/vessel that occurs with
existing leases,rental agreements or prop- the consent of the vehicle/vessel's owner or oper-
erty owners' associations documents, it ator.
shall be sufficient to notify by regular (d) Violations of the provisions of this Ordi-
mail, at the last known address, each of nance shall be enforced by the Collier County
the tenants/owners of the property prior Sheriff.
to the initiation of vehicle immobilization.
All new leases,rental agreements or prop- (e) Nothing in this article shall prevent the
erty owners' association documents shall Collier County Sheriff from providing additional
contain the provision giving notice that or more restrictive requirements in contracts or
the property owner intends to utilize ve- arrangements which authorize the recovery,tow-
hide immobilization, and a complete and ing or removal of vehicles/vessels or storage pro-
specifically detailed list of rules, that if vided in connection therewith.
violated,will result in vehicle immobiliza- (Ord. No.2008-47,§8;Ord.No. 2009-60,§7;Ord.
tion. A copy of those provisions must be No. 2010-30, § 6)
posted in the rental office and/or a com-
mon area.A copy of those provisions must Secs. 26-234-26-250. Reserved.
Supp.No.30 CD26:41
251 COLLIER COUNTY CODE
ARTICLE VI. CONVENIENCE BUSINESS identifiable image of an offender to assist
SECURITY individuals involved in an investigation,
in a format that can be enlarged and
Sec. 26-251. Title. reproduced for distribution by law enforce-
This article is and may be cited as the "Collier ment agencies. If one camera is not suffi
County Convenience Business Security Ordi cient, additional cameras must be in-
stalled to capture the image of an offender
nance .
(Ord. No. 07-74, § 1) at all register locations in use. The cam-
era system shall be:
Sec. 26-252. Definitions. a. Positioned to provide photographic
CBI means any individual employed by the coverage of all registers in use and to
CCSO who has been certified as a "convenience minimize tampering by customers or
business inspector". offenders;
CCSO means the Collier County Sheriffs Of- b. Maintained on a routine basis to
face. ensure that the camera system is
working properly at all times;
Convenience business means any place of busi-
ness that is primarily engaged in the retail sale of c. Capable of continuous operation or
groceries,or both groceries and gasoline,and that activation by a remote triggering de-
is open for business at any time between the vice such as a concealed button or
hours of 11:00 p.m. and 5:00 a.m. The term bill trap alarm; and
"convenience business" does not include: d. Verification that the camera system
(1) A business that is solely or primarily a is in proper working order in accor-
4.„/ restaurant. dance with the standards listed above,
shall be maintained on the premises
(2) A business that always has at least five
pro-
employees on the premises after 11:00 in the form of test photographs p.m. and before 5:00 a.m. duced annually. The system shall be
maintenanced no less than once ev-
(3) A business that has at least 10,000 square ery four months, documented on a
feet of retail floor space. maintenance log kept on the prem-
(4) A business in which the owners or mem- ises.
bers of the owner's family work in the (2) A drop safe or cash management device
respective business premises between the bolted to the floor,installed in the floor or
hours of 11:00 p.m. and 5:00 a.m. counter, or which weighs at least 500
Retail employee means an employee of a conve- pounds and prevents the retail employee
nience business who in the course of such employ- from accessing surplus cash receipts.
ment can be exposed to assault, bodily injury or a. Drop safes or cash management de-
death from any individual in a convenience busi- vices must be installed and main-
ness premises at any time. tamed as specified by the manufac-
(Ord. No. 07-74, § 2) Curer.
Sec. 26-253. Convenience business security b. Drop safes or cash management de-
requirements. vices must offer protection against
forced entry,while providing a means
(a) Each convenience business shall be equipped
with the following security devices and standards: for depositing currency,checks,coins
and the like, contained in bags or
(1) A security camera system capable of re- envelopes, or directly deposited into
cording and retrieving a recognizable and the body of the safe.
Supp.No.30 CD26:42
BUSINESSES §26-253
(3) A lighted parking lot illuminated at an the manufacturer's specifications and in
intensity of at least two foot-candles per proper working order at all times the
square foot at 18 inches above the surface. business is open.
(4) A conspicuous notice at the entrance which (9) If a murder, robbery, sexual battery, ag-
states that the cash register contains gravated assault,aggravated battery,kid-
$50.00 or less. napping or false imprisonment has oc-
curred at a convenience business, the
(5) Window signage and window tinting must business must meet additional require-
allow for a clear unobstructed view of the ments under F.S. § 812.173(4).
cash register and sales transaction area
from inside or outside of the building and (b) For the mutual convenience of the business
in a normal line of sight. The degree of and each investigating officer, each convenience
window tinting shall allow for physical business is encouraged to maintain and have
identification of all individuals in the sales readily available in the transaction area a red
transaction area from outside the build- three ring binder ("red book") to include the
ing and in a normal line of sight at all following items:
times.
(6) Conspicuous height markers with digits (1) Inspection log, maintained for the imme
at least one inch in size at the inside diate past two years' inspections, includ-
entrance of the convenience business. ing the inspection results;
(7) A written cash management policy that is (2) A copy of the business' then current local
kept on-site,limits the cash on hand at all business tax receipt (formerly called an
Lad times after 11:00 p.m. and before 5:00 occupational license);
a.m. and provides for:
(3) An annual test photograph taken by the
a. Guidelines for deposits to be made security camera system and that shows
on a regular basis, but at variable an identifiable image(to assist in offender
intervals to minimize offender activ- identification and apprehension);
ity resulting from scheduled depos-
its or procedures for deposits picked (4) A maintenance log of the security camera
up by an armored car service; and system that verifies the maintenance per-
formed not less than once every four con-
b. An encouragement to drop cash in secutive months.Upon request,the CCSO
excess of$50.00 per register in the will provide the requestor an example
safe at all times after 11:00 p.m. and camera test and maintenance log;
before 5:00 a.m.
(5) The convenience business' written cash
(8) Unless an exemption is granted by the management policy that limits cash on
Office of the Attorney General under F.S. hand at all times from 11:00 p.m. until
§ 812.173(3), a silent alarm which acti- 5:00 a.m. Upon request, the CCSO will
vates a signal to a law enforcement or a provide the requestor a copy of the CCSO's
private security agency is required.Silent example cash management policy;
alarms shall have a primary and second-
ary power source. Silent alarms must be (6) Documented proof that confirms the train-
installed by a contractor licensed by the ing(specified below)has been provided to
Florida Electrical Contractors' Licensing and learned by each retail employee within
Board pursuant to the provisions of F.S. 60 days of the initial employment of each
ch. 489. Silent alarms shall be such retail employee, including date(s) of
maintenanced regularly in accordance with such training for each such employee;and
Supp. No. 44 CD26:43
§26-253 COLLIER COUNTY CODE
(7) A copy of the then current Florida's Con- County ordinances. No such notice, fine, or fine
venience Business Security Act(currently reduction, shall be subject to any provision of F.S.
F.S. §§ 812.1701 through 812.176). ch. 120.
(Ord. No. 07-74, § 3; Ord. No. 2009-12, § 1) (b) The CCSO or Collier County's Code Enforce-
ment Department personnel shall have full power
Sec. 26-254. Required training for all conve- and authority to petition a court of law for an
nience business' retail employ- injunction if it is determined by the CBI, the
ees. director of code enforcement, or by the code en-
forcement special master, if applicable, that the
The owner or principal operator of each conve- health, safety, or public welfare is threatened by
nience business, applied to each premises of the continued operation of a convenience business in
retail convenience business, shall provide to each violation of this article. In any action for such an
retail employee a proper robbery deterrence and injunction,the petitioner may seek a civil penalty
safety training by Florida Attorney General ap- not to exceed $5,000.00 per violation, plus attor-
proved curriculum within 60 days of the date of ney's fees and costs.
such employee's initial employment. Upon re- (Ord. No. 07-74, § 5)
quest,the CCSO will provide a copy of an example
document titled "Robbery Prevention and Aware- Sec. 26-256. Conflict and severability.
ness Training Handbook"that specifies a training
program that has many times been"approved"by In the event this article conflicts with any other
the Attorney General. The convenience business' ordinance of Collier County or other applicable
original training curriculum shall be submitted in law,the more restrictive shall apply.If any phrase
writing to the Attorney General and shall be or portion of this article is held invalid or uncon-
r'iubmitted biennially to the Attorney General stitutional by any court of competent jurisdiction,
reapproval. The application fee shall be as such portion shall be deemed a separate, distinct
lien specified in F.S. § 812.174, or its successor. and independent provision and such holding shall
(Ord. No. 07-74, § 4) not affect the validity of the remaining portions.
(Ord. No. 07-74, § 6)
Sec. 26-255. Enforcement; civil fines. Secs. 26-257-26-280. Reserved.
(a) Any certified convenience business inspec-
tor("CBI") employed by the Collier County Sher- ARTICLE VII. SECONDARY METALS
if Office (CCSO) is authorized by this article to RECYCLERS
investigate any alleged violation of this article.
Violation of any provision of this article by any Sec. 26-281. Intent and purpose.
owner or principal operator of a convenience busi-
ness shall result in a notice of violation from such It is the intent of this Ordinance to supplement
CBI. The noticed violator shall have 30 days after the provisions of F.S.ch. 538,pt. II,as it relates to
receipt of such notice to provide proof to the CBI the purchase and disposition of secondary metal
that the violator has complied with all require- property within unincorporated Collier County.
ments stated in such notice. If the violation con- This ordinance is not intended to regulate second-
tinues after that 30-day period,the CBI may refer hand dealers engaged in the sale or purchase of
the case to Collier County Code Enforcement for precious metals under FS ch. 538, pt. I.
enforcement. The director of code enforcement,or (Ord. No. 2012-07, § 1)
the assigned code enforcement special master, if Sec. 26-282. Title and citation.
applicable, may suspend imposition of any fine in
his/her discretion up until an order imposing a This Ordinance shall be known and may be
fine has been issued. After an order imposing a cited as the "Collier County Secondary Metals
fine has been issued, fine reductions shall be Recyclers Ordinance."
Leirolled by F.S. ch. 162, and applicable Collier (Ord. No. 2012-07, § 2)
Supp. No. 44 CD26:44
BUSINESSES §26-285
Sec. 26-283. Applicability. form of identification issued by another
This Ordinance shall be applicable only within state, or a passport or an appropriate
the unincorporated areas of Collier County. work authorization issued by the United
(Ord. No. 2012-07, § 3) States Bureau of Citizenship and Immi-
gration Service, which contains a photo-
Sec. 26-284. Construction and interpreta-
graph and address.
tion. (6) "Purchase transaction" means a transac-
This Ordinance shall be liberally construed in tion in which a secondary metals recycler
order to effectively carry out the intent and pur- gives consideration for regulated metals
pose of this Ordinance. Where any provision of property.
this Ordinance refers to or incorporates another
provision, statute, rule, regulation or other au- (7) "Regulated Metals Property" means any
thority,this Ordinance refers to the most current item composed primarily of any nonfer
version, including and incorporating any amend- rous metals. The term does not include
aluminum beverage containers,used bev
ments thereto or renumbering thereof.
(Ord. No. 2012-07, § 4) erage containers, or similar beverage con-
tainers. The term includes household ap-
Sec. 26-285. Definitions. pliances, well and pool pumps, and items
made of ferrous metal listed as restricted
The following words, terms and phrases shall metal property listed in F.S.§538.26(6)(b).
have the meanings as stated:
(1) "Ferrous Metals" means any metals con- (8) "Secondary Metals Recycler" means any
taining significant quantities of iron or
person who:
41110/ steel. a. Is engaged, from a fixed location, in
(2) "Fixed Location" means any site occupied the business of gathering or obtain-
by a secondary metals recycler as owner ing ferrous or nonferrous metals that
of the site or as lessee of the site under a have served their original economic
lease or other rental agreement providing purpose or is in the business of per-
for occupation of the site by the secondary forming the manufacturing process
metals recycler for a total duration of not by which ferrous metals or nonfer-
less than 364 days. rous metals are converted into raw
material products consisting of pre-
(3) "Money" means a medium of exchange pared grades and having an existing
authorized or adopted by a domestic or or potential economic value; or
foreign government as part of its cur-
rency. b. Has facilities for performing the man-
(4) "Nonferrous Metals" means metals not ufacturing process by which ferrous
containing significant quantities of iron or metals or nonferrous metals are con-
steel, including, without limitation, cop- verted into raw material products
per, brass, aluminum, bronze, lead, zinc, consisting of prepared grades and
nickel, and alloys thereof, excluding pre- having an existing or potential eco-
cious metals subject to regulation under nomic value, other than by the ex
F.S. ch. 538, pt. I. clusive use of hand tools,by methods
including, without limitation, pro-
(5) "Personal Identification Card" means a cessing, sorting, cutting, classifying,
valid driver's license or identification card cleaning, baling, wrapping, shred-
issued by the Department of Highway ding,shearing,or changing the phys-
Safety and Motor Vehicles under F.S. ical form or chemical content thereof.
§§ 322.03 or 322.051, or an equivalent (Ord. No. 2012-07, § 5)
Supp. No. 44 CD26:45
§26-286 COLLIER COUNTY CODE
Sec. 26-286. Additional records required. (2) An electric light pole or other utility struc-
(a) In addition to the record requirements of ture and its fixtures,wires, and hardware
F.S. § 538.19, a secondary metals recycler shall that are readily identifiable as connected
maintain a legible electronic record, in the Eng- to the utility structure.
lish language, of all purchase transactions to (3) A guard rail.
which such secondary metals recycler is a party.
Such electronic format shall be specified by the (4) A street sign, traffic sign, or traffic signal
Collier County Sheriffs Office and promulgated
and its fixtures and hardware.
by way of the Sheriffs official data specifications. (5) Communication, transmission, distribu-
Electronic record shall be electronically transmit- tion, and service wire from a utility, in-
ted to the Collier County Sheriffs Office from the cluding copper or aluminum bus bars,
previous business day no later than 10:00 a.m. on connectors, grounding plates, or ground-
the following business day the secondary metals ing wire.
recycler is open for business. A recycler who (6) A funeral marker or funeral vase.
transmits such records electronically is not re-
quired to also provide the original or paper copies (7) A historical marker.
of the form. However,the Collier County Sheriffs (8) Railroad equipment, including, but not
Office may, for the purposes of a criminal investi- limited to, a tie plate, signal house, con-
gation,require the recycler to provide the original trol box, switch plate, E clip, or rail tie
of a transaction form that has been electronically junction.
transferred within 24 hours after receipt of the (9) Any metal item that is observably marked
request.The recycler shall also maintain a legible upon reasonable inspection with any form
record of all purchase transactions to which the of the name, initials, or logo of a govern-
.‘ lndary metals recycler is a party. mental entity, utility company, cemetery,
1110(b) A secondary metals recycler registered with or railroad.
the department of revenue that purchases a mo- (10) A copper, aluminum, or aluminum-copper
tor vehicle from a licensed salvage motor vehicle condensing or evaporator coil, including
dealer as defined in F.S. § 320.07, or another its tubing or rods, from an air condition-
secondary metals recycler registered with the ing or heating unit, excluding coils from
department and uses a mechanical crusher to window air conditioning or heating units
convert the vehicle to scrap metal must obtain a and motor vehicle air conditioning or heat
signed statement from the seller stating that the ing units.
seller has surrendered the vehicle's certificate of
title to the Department of Highway Safety and (11) An aluminum or stainless steel container
Motor Vehicles as provide in F.S. § 319.30, or or bottle designed to hold propane for
otherwise complied with the titling requirements fueling forklifts.
provided by law for conversion of the vehicle to (12) A stainless steel beer keg.
scrap metal. A secondary metals recycler is not
liable for the seller's failure to comply with the (13) A catalytic converter or any nonferrous
titling requirements provided by law for conver- part of a catalytic converter unless pur-
sion of a motor vehicle to scrap metal if the chased as part of a motor vehicle.
secondary metals recycler obtains and maintains (14) Metallic wire that has been burned in
the seller's signed statement. whole or in part to remove insulation.
(Ord. No. 2012-07, § 6)
(15) A brass or bronze commercial valve or
Sec. 26-287. Restricted regulated metals. fitting, referred to as a "fire department
connection and control valve" or an "FDC
The following shall be considered as "restricted valve," that is commonly used on struc-
regulated metals:" tures for access to water for the purpose of
1 I) A manhole cover. extinguishing fires.
Supp. No. 44 CD26:46
BUSINESSES §26-291
(16) A brass or bronze commercial potable wa- Sec. 26-289. Certain acts and practices pro-
ter backflow preventer valve that is com- hibited.
monly used to prevent backflow of potable It is unlawful for a secondary metals recycler to
water from commercial structures into do or allow any of the following:
municipal domestic water service sys-
tems. (1) Purchase restricted regulated metals prop-
erty or ferrous metals between the hours
(17) A shopping cart. of 6:00 p.m.and 7:00 a.m.Monday through
Friday.
(18) Brass Water Meter. (2) Purchase restricted regulated metals prop-
erty(19) Storm Grates. from 6:00 p.m. on Friday to 7:00 a.m.
on Saturday and 3:00 p.m. on Saturday
till 7:00 a.m. on Monday.
(20) Brass sprinkler heads used in commercial
agriculture. (3) Purchase restricted regulated metals prop-
(Ord. No. 2012-07, § 7) erty on Sunday.
(4) Purchase restricted regulated metals prop-
erty and ferrous metals from a non-fixed
Sec. 26-288. Method of payment for re- location.
stricted regulated metals.
(5) Purchase any restricted regulated metals
(a) Secondary metals recycler shall not enter property unless the secondary metals re
into any cash transaction for purchase of any cycler obtains reasonable proof that the
restricted regulated metals property listed above. seller:
Payment by a secondary metals recycler for the a. Owns such property.Reasonable proof
purchase of restricted regulated metal property of ownership may include,but is not
shall be made by check issued to the Seller and limited to, a receipt or bill of sale; or
payable to the Seller or by electronic payment to b. Is an employee, agent, or contractor
the Seller's bank account or to the Seller's em- of the property's owner who is autho-
ployer's bank account. Each check for payment rized to sell the property on behalf of
shall be mailed by the secondary metals recycler the owner. Reasonable proof of au-
directly to the street address of the Seller which is thorization to sell the property in-
on file with the secondary metals recycler unless cludes,but is not limited to,a signed
otherwise provided in this Ordinance. Payment letter on the owner's letterhead,dated
shall not be mailed to a post office box. Electronic no later than 90 days before the sale,
payments shall be sent to an account for which authorizing the seller to sell the prop-
the Seller is listed as an account holder or an erty.
employee or agent thereof. Each check or elec- (Ord. No. 2012-07, § 9)
tronic payment shall be mailed or electronically
transferred by the secondary metals recycler to Sec. 26-290. Enforcement.
the Seller within three (3) days of the purchase
transaction unless otherwise provided in this or- This Ordinance shall be enforced by the Office
dinance. of the Collier County Sheriff.
(Ord. No. 2012-07, § 10)
(b) Exemptions.The secondary metals recycler Sec. 26-291. Penalties.
may provide a check at the time of the purchase
transaction, rather than mailing said check as Except as otherwise provided by law, a person
required above, if the Seller falls within the found guilty of violating this ordinance may be
exemptions set forth in F.S. § 538.22. punished by a fine not to exceed $500.00, or by
(Ord. No. 2012-07, § 8) imprisonment in the county jail for a period not to
y Supp.No.48 CD26:47
26-291 COLLIER COUNTY CODE
exceed 60 days,or by both fine and imprisonment. Sec. 26-318. Construction and interpreta-
Nothing in this section prohibits the County from tion.
prosecuting a violation of this ordinance by any This Ordinance shall be liberally construed in
other legal means afforded the County. order to effectively carry out the intent and pur-
(Ord. No. 2012-07, § 11) pose of this Ordinance. Where any provision of
this Ordinance refers to or incorporates another
Sec. 26-292. Conflict and severability. provision, statute, rule, regulation, or other au-
thority,this Ordinance refers to the most current
In the event this Ordinance conflicts with any version, including and incorporating any amend-
other ordinance of Collier County or other appli- ments thereto or renumbering thereof.
cable law, the more restrictive shall apply. If any (Ord. No. 2013-21, § 3)
phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent Sec. 26-319. Incorporation of state law by
jurisdiction, such portion shall be deemed a sep- general reference.
arate, distinct and independent provision and The provisions of State law governing second-
such holding shall not affect the validity of the hand dealers and their transactions, including
remaining portion. F.S. ch. 538, pt. I, are hereby incorporated by
(Ord. No. 2012-07, § 12) general reference as they may exist and be amended
from time to time. To the extent that the provi-
sions of this Ordinance are more stringent than
Secs. 26-293-26-315. Reserved. those of State law, then this Ordinance shall
apply.
ARTICLE VIII. SECONDHAND DEALERS (Ord. No. 2013-21, § 4)
Sec. 26-320. Change to definitions.
Sec. 26-316. Title and citation. Amending F.S.ch. 538,pt.I,as incorporated by
reference herein, this Ordinance expressly in-
This Ordinance shall be known and may be cludes "coins" within the definition of "Second-
cited as the "Collier County Secondhand Dealer hand Goods."
Ordinance." This Ordinance is not intended to (Ord. No. 2013-21, § 5)
regulate secondary metal recyclers, as provided
for in Ordinance No. 2012-07 and F.S. ch. 538, pt. Sec. 26-321. Change to exemptions.
II.
(Ord. No. 2013-21, § 1) Amending F.S.ch.538,pt.I,as incorporated by
reference herein,and notwithstanding the exemp-
Sec. 26-317. Applicability. tions set forth therein, this Ordinance expressly
applies to any person,coin,or collectible shows or
This Ordinance shall be applicable within the sales, and any person purchasing, consigning, or
incorporated and unincorporated areas of Collier trading secondhand goods at a flea market regard-
County, except to the extent that a municipality less of whether at a temporary or permanent
has adopted or adopts its own ordinance in con- business location at the flea market.
flict with this Ordinance. To the extent that this (Ord. No. 2013 21, § 6)
Ordinance is applicable within a municipality,the Sec. 26-322. Limitation on location for pur-
County and the municipality shall have concur chase of secondhand goods by
rent authority and jurisdiction to apply and en secondhand dealers.
force the Ordinance within the entirety of their
jurisdictional boundaries. Amending F.S.ch.538,pt.I,as incorporated by
(Ord. No. 2013-21, § 2) reference herein, a secondhand store shall not
Lotupp.No. 48 CD26:48
include a hotel room or motel room, a vehicle, a
post office box, or a private residence, and no
secondhand goods may be purchased by a
secondhand dealer from a hotel room or motel
room, a vehicle, a post office box, or a private
residence. Applications that list a hotel room or
motel room, a vehicle, a post office box, or a
private residence are not valid. This Ordinance
is not intended to regulate licensed professional
numismatics and philatelists at sanctioned or
permitted events or shows.
(Ord. No. 2013-21, § 7)
Sec. 26-323. Additional hold period
required.
Amending F.S. ch. 538, pt. I, as incorporated
by reference herein, a secondhand dealer shall
not sell, barter, exchange, alter, adulterate, use,
or in any way dispose of any secondhand goods
within 30 calendar days of the date of acquisition
of the goods and the secondhand goods shall
remain within Collier County for the duration of
the hold period.
(Ord. No. 2013-21, § 8)
Sec. 26-324. Enforcement.
This Ordinance shall be enforced by the Office
of the Collier County Sheriff and/or the appropri-
ate law enforcement official within Collier County
having jurisdiction as it pertains to the location
of the secondhand store.
(Ord. No. 2013-21, § 9)
Sec. 26-325. Violations and penalties.
All violations of this Article may be processed
according to the Collier County Consolidated
Code Enforcement Ordinance (Ord. No. 2010-04,
as amended) and per provisions of F.S. ch. 162,
pts. I or II, as may be applicable. A law enforce-
ment official or code enforcement officer is specifi-
cally authorized to issue a citation for each
violation. Each day of any such violation shall
constitute a separate and distinct offense. Further,
each failure to properly document transaction
information shall constitute a separate and
distinct offense.
The County may also enforce this Article by
action in equity, including injunctive or declara-
tory relief, in the appropriate court of competent
jurisdiction.
Any person who knowingly violates any provi-
sion of this Article, including refusal to allow a
law enforcement official to make an inspection
under this Article, shall also be punished in the
same manner as a misdemeanor as provided by
general law.
(Ord. No. 2013-21, § 10)
Secs. 26-326—26-350. Reserved.
ARTICLE XIX. RESERVED*
Secs. 26-351—26-380. Reserved.
ARTICLE XX. SHORT-TERM RENTALS
DIVISION 1. SHORT-TERM VACATION
RENTAL REGISTRATION
Sec. 26-381. Title.
This Ordinance shall be known and cited as
"The Collier County Short-Term Vacation Rental
Registration Ordinance."
(Ord. No. 2021-45, § 1)
Sec. 26-382. Legislative Findings and
Intent.
The Board hereby finds that the use of
residential dwellings for short-term vacation
rentals in established residential neighborhoods
may create community impacts, including, but
not limited to, excessive noise, accumulation of
trash, on-street parking and diminished public
safety; that to lessen these impacts and to
protect the quiet enjoyment of neighboring
residential units it is necessary to have a known,
responsible person to contact who can reason-
ably address issues that may arise from the use
*Editor’s note—Ord. No. 2021-27, § 1, adopted July 13,
2021, repealed Art. XIX §§ 26-351—26-354 entitled "Collier
County Fuel Pump Security,"which derived from Ord. No.
2018-55, §§ 1—4.
§ 26-382BUSINESSES
CD26:49Supp. No. 101
of short-term vacation rentals, many of which
are owned by non-residents;and that some owners
of short-term vacation rentals may not properly
remit required taxes and fees. Accordingly, it is
the intent of this Ordinance to collect current
and accurate information regarding short-term
vacation rental properties and to encourage the
appropriate management of these properties in
order to protect the general health, safety and
welfare of the residents and visitors to Collier
County.
(Ord. No. 2021-45, § 2)
Sec. 26-383. Definitions.
The following words, terms, and phrases, when
used in this Ordinance, shall have the meanings
set forth herein:
Designated Responsible Party.The term
"Designated Responsible Party"means any person
eighteen (18) years of age or older designated by
the Owner, tasked with responding to requests
or complaints and other problems relating to or
emanating from the Short-Term Vacation Rental.
An Owner may retain a private property manage-
ment company to serve as the Designated
Responsible Party. The Designated Responsible
Party shall be the agent of the Owner authorized
to accept County-issued citations and notices of
violation arising from the use of the Short-Term
Vacation Rental.
Owner.The term "Owner,"shall mean the
person or entity holding legal title to the short-
term vacation rental property, as reflected in the
Collier County Tax Collector's records.
Short-Term Vacation Rental.A "Short-Term
Vacation Rental"means the rental of any habit-
able space, including a room, apartment, living
quarters, in any residential building, including
but not limited to, condominiums, single-family
or multi-family homes, for a term of six months
or less, as provided in F.S. § 125.0104(3)(a), as
amended, unless such person rents, leases, or
lets for consideration any living quarters or
accommodations which are exempt according to
the provisions of F.S. ch. 212. Any Owner who is
not required to register with the Florida Depart-
ment of Business and Professional Regulation,
as defined by F.S. ch. 509, is exempt from this
ordinance.
(Ord. No. 2021-45, § 3)
Sec. 26-384. Short-term Vacation Rental
Requirements.
Prior to commencing any Short-Term Vacation
Rental, it is the affirmative duty of the Owner to:
1. Register with the Florida Department of
Business and Professional Regulation and
the Collier County Tax Collector.
2. Obtain a Collier County Registration
Certificate for each Short-Term Vacation
Rental unit owned. The Certificate must
identify that unit's Designated
Responsible Party and current contact
information. The Owner must notify the
County in writing of any changes in
ownership or of the Designated
Responsible Party within ten (10) busi-
ness days of such change.
3. Inform all guests prior to occupancy of
the Short-Term Vacation Rental unit of
all applicable Collier County ordinances,
including noise, parking, and garbage.
4. Maintain all Short-Term Vacation Rental
units under their control in compliance
with the occupancy limits, as specified in
the Collier County Code of Ordinances,
Collier County Land Development Code,
Florida Building Code, and Florida Fire
Prevention Code.
5. Be available in person or by telephone or
have the Designated Responsible Party
available in person or by telephone twenty-
four (24) hours a day, seven (7) days a
week to address any law enforcement
action, emergency response, or County
ordinance violation arising from the rental
of the Short-Term Vacation Rental unit
and be willing and able to be onsite to
address violations within the next day of
notification.
§ 26-382 COLLIER COUNTY CODE
CD26:50Supp. No. 101
6. Maintain the Short-Term Vacation Rental
unit as specified in the Collier County
Property Maintenance Code (Ord. No.
2010-02, as amended).
7. Include the Collier County Rental
Registration Number of the Short-Term
Vacation Rental unit in all advertising of
the availability of accommodations for
the Short-Term Vacation Rental unit.
Advertising includes, but is not limited
to, print, radio, video, online, social media,
and sharing economy platforms.
(Ord. No. 2021-45, § 4)
Sec. 26-385. Penalty for Violations.
Any violations of this Ordinance may be
prosecuted and shall be punishable as provided
by the Collier County Consolidated Code Enforce-
ment Ordinance (Ord. No. 2010-04, as amended),
and shall be subject to a fine or civil citation up
to $500 per violation per day for ongoing repeat-
ing violations. Each day of renting a Short-Term
Vacation Rental unit without having a valid
County Registration Certificate issued pursuant
to this Ordinance shall constitute a separate and
distinct violation of this Ordinance. Guests and
Owners of Short-Term Vacation Rental units
may be prosecuted separately and concurrently
for a violation of any Collier County Ordinance,
including but not limited to noise, parking, and
garbage violations.
(Ord. No. 2021-45, § 5)
Sec. 26-386. Conflict and Severability.
In the event this Ordinance conflicts with any
other Ordinance of Collier County or other
applicable law, the more restrictive shall apply.
If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or
unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and
such holding shall not affect the validity of the
remaining portion.
(Ord. No. 2021-45, § 6)
Secs. 26-387—26-410. Reserved.
§ 26-410BUSINESSES
CD26:51Supp. No. 101