Ordinance 91-083%~'~' .~ISEXUALLY ORIE~ITED BUSINESSES LOCATION AND REGU-
%
'-~/ PURPOqE. AND IIlTENT; PROVIDING FOR APPLICABILITY TO
-~ THE I~ICORPO~TFD AND UNINCORPO~TED ARFAS OF
COLLIER CO[~TY,' FLORIDA; PROVIDING FOR DEFI-
NITIONS; PROVIDING FOR CI~SSIFICATION OF SEXUALLY
ORIENTED BUSIllESSES; PROVIDING FOR WHE REQUIREMENT
OF A PE~IT FOR OPE~TING SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR IHVESTIGATION OF
APPLICATIONS FOR PE~ITS7 PROVIDING FOR RESTRIC-
TIONS ON THE LOCATION OF SEXUALLY ORIENTED
BUSINESSES WI~}IIN COLLIER COUNTY; PROVIDING
PROCEDURES FOR THE ISSUanCE OR DENIAL OF PE~ITS;
PROVIDING FOR AN ANNUAL PE~IT FEE; PROVIDING FOR
INSPECTION OF THE PREMISES OF SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR EXPIATION OF PE~ITS;
PROVIDING FOR SUSPENSION OF PE~ITS; PROVIDING FOR
REVOCATION OF PE~ITS; PROVIDING FOR JUDICIAL
REVIEW OF PE~IIT DENIAL, SUSPENSION OR R~OCATION;
PROVIDING FOR RESTRICTIONS REGARDING THE T~NSFER
OF PE~ITS; PROVIDING FOR ADDITIONAL REGU~TIONS
FOR ADULT MOTELS/HOTELS; PROVIDING FOR REGU~TIONS
PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT
FI~S OR VIDEOS; PROVIDING FOR REGU~TZONS
PERTAINING TO ]~PLOYEE RECORDS; PROVIDZNG FOR
PROHIBITIONS REGARDING MINORS AND SEXUALLY
ORIENTED BUSINESSES; PROVIDING FOR ADVERTISING
REGU~TIONS; PROVIDING FOR HOURS OF OPE~TION;
PROHIBITING NUDITY AT SEXUALLY ORIENTED BUSINESSES
~D ~Y CO~ERCIAL ESTABLISHMENTS WHERE ALCOHOLIC
BEVE~GES ~E OFFERED FOR SALE FOR CONSUMPTION ON
THE PREMISES; DEC,RING NUDITY AT SEXUALLY
ORIENTED BUSINESSES NOT OFFERING FOR SALE
ALCOHOLIC BEVE[~GES TO BE SUBJECT TO PROHIBITION
P~SU~NT TO SECTION 800.03, FLORIDA STATUTES, ~D
THE U.S. SUPREME CO~T DECISION IN BABIES V. GLEN
~'~ATRE, INC.; PROHIBITING "ST~DDLE D/~CING" AND
OTHER SEXUAL ACTIVITIES AT SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR ADDITIONAL CRIMINAL
PROHIBITIONS; PROVIDING ADDITIONAL OPEI~TIONAL
PROVISIONS FOR SEXUALLY ORIENTED BUSINESSES;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR CRIMINAL
PENALTIES AND ADDITIONAL LEGAL, EQUITABLE AND
INJUNCTIVE RELIEF; PROVIDING FOR CCNSENT BY
PE~ITTEES TO THE PROVISIONS OF THIS ORDINANCE ~D
TO CO~TY, FEDE~L, STATE AND MUNICIPAL
REGU~TION; PROVIDING FOR I~UNITY FROH
PROSECUTION; PROVIDING FOR NOTICE REQUIREMENTS
UNDER THIS ORDINANCE; PROVIDING FOF: CONFLICT AND
SEVE~BILITY; AND PROVIDING FOR ~ EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, hereinafter also referred to as "the Board,"
recognizes that there is convincing documented evidence that
sexually oriented businesses, because of their w~ry nature, have
a deleterious effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, c~using
increased crime and the downgrading of property values; a~.
WHEREAS, it is recognized that sexually oriented
businesses~ due to their nature, have serious objectionable
operational[ characteristics, particularly when they are located
in closa proximity to each other, thereby contributing to urban
blight and downgrading the. quality of life in the adjacent
area; and
WHERF.%S, evidence and testimony has been presented at
public hea:~ings befor~ the Collier County Planning Commission
and the Collier County Board of County Commissioners concerning
the neg~tive secondary effects of sexually oriented businesses
on the co~ununity, including the following studies prepared by
other jurisdictions: "Report on Adult Oriented Businesses in
Austin", Texas, dated Ma}, 19, 1986 and prepared by the Office
of Land Development Services of the City of Austin; "Adult
Entertainment Businesses in Oklahoma City, A Survey of Real
Estate Applraisers," Oklahoma City, Oklahoma, dated March 3,
1986 and prepared by the City of Oklahoma City Community
Development Department, Planning Division; "Legislative
Report", Houston, Texas, dated by the City Sec:~etary as
November 30, 1:)83 and prepared by the Committee on the Proposed
Regulation of Sexually Oriented Businesses of the City of
Houston, Texas; "Adult Business Study", Phoenix,, Arizona, dated
May 25, 1979 and prepared by the P].anning Department of the
City of Phoenix; "Adult Entertainment Businesses in
Indianapolis, an Analysis", Indianapolis, Indiana, dated
February, 1984 and prepared by the Department of Metropolitan
Development, Division of Planning of t~e City of Indianapolis;
"A Report on Zoning and Other Methods of Regulating Adult
Entertainment :in Amarillo", Texas, dated September 12, 1977 and
prepared by th~: Planning Department of the City of Amarillo;
"Regulation of Adult Uses", Beaumont, Texas, revised September
14, 1982 and prepared by the Planning Department of the City of
Beaumont; and "Director's. Report, Proposed Land Use Code Text
Amendment, Adult Cabarets", Seattle., Washington dated March,
1989 and prepared by thE: Department of Construction and Land
Use of the City of Seattle; and
WHEREAS, the Board further finds, based on evidence and
testimony presented at public hearings before the ~Board and the
Collier County Planning Commission, and on the above-mentioned
reports, that:
1. Sexually oriented businesses may now or in the future
exist within Collier County, Florida, wh~re books,
maga:?-ines, videocassettes or video re]productions,
motion pictur~s, prints, photographs, periodicals,
recolrds, novelti(~s and/or devices and other materials
which depict, iljustrate, describe or relate to
specified sexual activities or specified anatomical
areas are possess,.=d, displayed, exhibited, rented,
distributed and/or sold;
2. Sexually oriented businesses may now or in the future
exist within Collier County, Florida:
a. Where th,~ superficial 'tissues of one person are
manipulated, fondled, rubbed, ~troked, kneaded,
and/or tapped by a second person, accompanied by
the display or exposure of specified anatomical
areas;
b. Where dancer:~, entertainers, performers, or
other individuals, who, for any form of
commercial gain, perform or are presented nude,
semi-nude or while displaying or exposing any
specified anatomical a~reas; or
c. Where straddle dancing occurs.
3. The activities described in Findings Subsections 1
and 2 above occur at sexually oriented businesses for
the purpose of making a profit and, as such, are
subject to regulation by Collier County, Florida in
the interests of health, safety, morals and general
welfare ,of th(~ people of Collier County.
4. When the activities described in Findings Subsections
1 and 2 above are present in sexually oriented
businesses within Collier County, Florida, other
activities that are illegal, immoral, or unhealthful
tend to accompany them, concentrate around them, and
be aggravated by them. Such other activities
include, but are not limited to, prostitution,
panderin(.;, soliciting for prostitution, lewd and
lascivious behavior, exposing minors to harmful
materials, poss¢~;~ion, distribution and trans-
portation of obsc~ne materials, sale or possession of
controlled substances, and violent crimes against
persons and property.
5. When the activities described in Findings Subsections
1 and 2 above are present in sexually oriented
businesses within Collier County, Florida, they tend
to attrac, t an undesirabl~ number of transients,
blight m~-ighborhoods, adversely affect neighboring
businesses, lower real property values, promote
crime, particularly the kinds detailed in Findings
Subsection 4 above, and ultimately lead residents and
businesses to move to other locations.
6. Employees of sexually oriented businesses at which
the activities described in Findings Subsections 1
and 2 above occur engage in a higher incidence of
certain types of criminal behavior than employees of
other establishments.
7. Physical contact within establishments at which the
activities described in Findings Subsections i and 2
above occur between employees who appear nude,
semi-nude or while exhibiting specified anatomical
areas, and customers, poses a threat to the health of
both and promote~'; the spread of communicable and
social diseases.
8. In order to preserve the health, safety, morals, and
general welfare of the people of Collier County,
Florida, it is necessary and advisable for Collier
County, Florida to regulate the conduct of owners,
managers, operators, agents, employees, entertainers,
performers, and customers at sexually oriented
businesses where the activities described in
Findings Subsections 1 and 2 above occur.
9. The potential dangers to the health, ~safety, morals,
and general welfare of the people of Collier County,
Florida, posed by permitting a sexually oriented
business at which the activities described in
Findings Subsections 1 and 2 above occur to operate
without first obtaining a permit are so great as to
require the permitting of such sexually oriented
businesses prior to their being permitted to operate.
10. "Straddle dancing" does not contain any element of
communication and is therefore conduct rather than
expression.
11. "Straddle dancing" in sexually oriented businesses
poses a threat to the health of the participants and
promotes the spread of communicable and social
diseases.
WHEREAS, the Board finds that the prevention of sexual
contact between patrons and employees at sexually oriented
busine~ses is unrelated to the suppression of free expression
but serves to address th(~ concerns raised in the findings
contained herein. Although the dancer's erotic message may be
slightly less effective from three feet away, the ability to
engage in th~a protected expression is not significantly
impaired; and
WHEREAS, Separating dancers from patrons and prohibiting
dancers and patrons from engaging in sexual fondling and
caressing in sexually oriented businesses would reduce the
opportunity for prostitution transactions and thus should deter
prostitution; and
WHEREAS, the "Report: of Grand Jury" of Collier County,
Florida dated December 13, 1983 strongly recommend~d that the
Collie~ County Board of County Commissioners establish a
comprehensive ordinance regulating adult entertainment
establishments; and
~{EREAS, the Collier County Board of County Commissioners
and the Collier Count~ Planning Commission have considered the
decisions of the United States Supr~me Court regarding local
government regulation of sexually oriented businesses in the
following cases: Young ~ American Mini-Theaters ~Dc~, 427,
U.S. 50, 49 L.Ed. 2d. 310, 96 S.Ct. 2440 (1976) reh. den. 429
U.S. 873, 50 L.Ed. 2d. 155, 97 S.Ct. 191; Renton v. Playtime
Theaters. ID¢,, 475 U.S. 41, 89 L.Ed. 2d. 29, 106 S.Ct. 925
(1986), reh. den. 475 U.S. 1132, 90 L.Ed. 2d. 205, 106 S.Ct.
1663; and FW/PB$. Inc, v,_ Dallas, 493 U.S. 215, 107 L.Ed. 2d.
603, 110 S.Ct. 596 (1990); and
WHEREAS, the Board has also considered the very recent
United States Supreme Court decision in Barnes v. Glen Theatre,
Inc., _~ U.S. __, L.Ed. 2d. , 111 S.Ct. 2456, 59
USLW 4745, and FLW Fed. S 633 (6/21/91), upholding an Indiana
Statute prohibiting totally nude dancing even in commercial
establishments not serving alcohol; and
WHEREAS, the Board has considered at public hearing the
November 19, 1990 "Memorandum of Law Regarding Collier County
Regulation of Adult Sexually Oriented Business and Obscenity"
prepared by the Office of the Collier County Attorney; and
W~[EREAS, the Collier County Board of County Commissioners
finds that the location of sexually oriented businesses in the
incorporated or unincorporated area of Collier County requires
special supervision from the public safety agencies of the
County in order to protect and preserve the health, safety, and
welfare of the patrons of such businesses as well as the
citizens of the county; and
WHEREAS, the Board finds that sexually oriented businesses
are frequently u~ed for unlawful sexual activities, including
prostitution and sexual liaisons of a casual nature; and
WHEREAS, the Board finds that requiring permittees of
sexually oriented busine:sses to keep information regarding
current employees and certain past employees will help reduce
the incidence of certain types of criminal behavior by
facilitating the identification of potential witnesses or
suspects and by preventing minors from working in such
establishments; and
W/~EREAS, the concern over sexually transmitted
diseases is a legitimate health concern of th~ County which
demands reasonable regulation of sexually oriented businesses
in order to protect the health and well-being of the citizens;
and
%~EREAS, it is in the public interest to require the
disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the
sexually oriented business where such information is
substantially related to the significant governmental interest
in the operation of such uses in a manner as to prevent the
spread of sexually transmitted dis~ases and to reduce or
eliminate the criminal activity associated with sexually
oriented businesses; and
WHEREAS, permitting and/or licensing is a legitimate and
reasonable means of accountability to insure that operators of
sexually oriented businesses comply with reasonable regulations
and to insure that operators do not knowingly ali. ow their
establishments to be used as places of illegal sexual activity
or solicitation; and
WHEREAS, A substantial rational relationship between
sexually oriented businesses and sexually related crimes
--7--
establishes a compelling justification for barring those prone
to such crime,s from the management of such businesses; and
~qEREAS, The fact that an applicant for a sexually
oriented business license has been ,convicted of a sexually
related crim~ leads to a rational inference that the applicant
im morm likely to engage in conduct in contravention of this
Ordinance; and
WHEREAS, The barring of a person from participating in a
sexually oriented busines~ may cease when circumstances
indicate to Collier County that offenders are no longer
criminally inclined; and
~{EREAS, The barring of such individuals from management
of sexually oriented businesses for a period of years serves as
a deterrent to and prevents the conduct which leads to the
transmission of sexually transmitted diseases and to the
promotion of that criminal activity associated with sexually
oriented businesses; and
~{EREAS, the Collier County Board of County Commissioners
desires to minimize and control the adverse and negative
secondary effects of sexually oriented businesses and thereby
protect the health, safety, and welfare of the citizenry;
protect the citizens from increase¢! crime; preserve the quality
of life; preserve the property values and character of
surrounding neighborhoods and deter the spread of urban blight;
~EREAS, the Board has determined that locaLional criteria
alone do not adequately protect the health, safety, and general
welfare of the people of Collier County; and
WHEREAS, the Board has determined that it: is in the public
interest to set forth certain requirements with respect to the
ownership a. nd operation of sexually oriented businesses~ and
~ER~S, the Board finds that it shall be in the public
interest and promote clarity and certainty in the law to
establish fixed percentage standards for defining and
regulating sexually orient~d businesses that offer tangible
inventory of sexually oriented materials for sale or rental for
any form of consideration; and
WHERESS, it is not thai intent of this Ordinance to
suppress any speech activities protected by the First
Amendment, but to enact a content-neutral ordinance which
addresee:s the negative, s~condary effects of sexually-oriented
business~s; and
WHEREAS, it is not the intent of the Collier County Board
of County Commissioners to condone or in any way legitimize the
distribution of obscene material, and the Board recognizes that
State law prohibits the distribution of obscene materials and
expects and encourages State and local law enforcement
officials to enforce State obscenity statutes against any such
illegal activities in Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation
This Ordinance shall be known and cited as the "Collier
County Sexually Oriented Businesses Location and Regulation
Ordinance."
SECTION TWO~ Purpos~ and Intent
It :is the purpose of this Ordinance to regulate sexually
oriented businesses to promote the health, safety, morals, and
general welfare of the citizens of the County, and to establish
reasonable and uniform regulations to prevent the continued
deleterious location and coacentration of sexually oriented
businesses within the County. The provisions of this Ordinance
have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials,
including sexually oriented materials. Similarly it is not tho
intent nor effect of this Ordinance to rostric'~ o~: deny access
by adults to sexually ,oriented materials protected by the First
Amendment, or to deny ~cce~ by th. dlstrJbutorm ~nd ,.xhibltor~
of sexually oriented untertainment to their int(~ndod market.
Neither is it the intent or effect of this ordinance to in any
way con(lone or legitimize tl%e distribution of obsc¢:nu material.
13ECTION THREE: Appl icabi].i%y
Notwithstanding any provisions of any other Collier County
zoning or other ordinance to the contrary, this Ordinance shall
apply to, and be enforced in, the incorporated as well as
unincorporated areas of Cellier County.
SECTION FO~: Definition~
&. CHILD CARE CE~TI:R means any establishment that
provides, on a re~]ular hauls, supervision and care
for more than five children unrelated to the operator
for a period of l¢~ss than twenty-four hours a dray and
which receives a payment, fee or grant for any of the
children receiving care, wherever operated, and
whether or not opp.,rated for a profit, exc,~-pt that the
following are not included: public schools and
non-public school:~ which are in compliance with the
compulsory school attendance law, Chapter 232,
Florida Statutes; summer camps having children in
full-time resida~nce; summer day camps; Bible schools
normally conducted during w~cation periods; and any
child care center which is owned and operated by and
located on the grounds of, or adjacent to, a church/
~ynagogue. The t~rm includ,~s kindergartens,
nurseries, nursery schools, day care centers and day
nurseries.
b. . CHURCH/SYNAGOGUE means tax-exempt buildings used for
non-profit purpos~.~s by a recognized and legally
established sect for purpose of worship including
educational buildings when operated by such
CHURCH/SYNAGOGUE.
DIVISION means th,~ Collier County Community
Development Services Division, including its
i111
r~spective administrator, his/her designee(s),
r~latsd departments, employees, offic¢~rs and agents.
d. ~PLOYEE means a person who works or performs in
and/or for a sexually oriented business, regardless
of whether or not said person is paid a salary, wage,
o~ other compensation by the operator of said
business. A person may be considered an employee
under this definition even if said person is an
independent contractor, provided that said person has
a substantial or consistent relationship with the
business of, or entertainment/servicers provided by,
th, sexually oriented busimo~s.
e. Ei~CORT means a person who, for consid.~ration, agrees
0:$ offers to act as a companion, guide, or date for
another person, or who agrees or offers to privately
model lingerie or to privately perform a strip-tease
for another person.
f. EI~CORT AGENCY means a person or business association
who furnishes, offers to fu~rnish, or advertises to
furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
g. ESTABLISHMENT means and includes any of the
following:
~" (1) The opening or commencement of any sexually
oriented business as a new business;
(2) The conversion of an existing business, whether
or not a sexually oriented business, to any
sexually oriented bus/ness;
(3) The addition of any sexually oriented business
to any other existing sexually oriented or
non-sexually oriented business; or
(4) The relocation of any sexually oriented
business.
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h. NUDE MODEL :]TUDIO means any place wh.ere a person who
appears in a state of nudity or displays "specified
anatomical areas" is provided to be observed,
sketched, drawn, painted, sculpted, photographed, or
similarly depicted by other persons who pay money or
any form of consideration.
i. NUDITY or a STATE OF NUDITY means th,~- appearance of a
human bare buttock, anus, male genitals, female
genitals or the areola or nipple of the female
breast.
J. OPERATOR means and includes the owner, permit holder,
custodian, manag,~.r, operator and person in charge of
any permitted premises.
k. PF~.~MITTED PREMISES means any premises that requires a
permit and that is classified as a sexually oriented
business under this Ordinance.
1. PE~MITTEE mean~ a person in whose name a permit to
operate a sexual].y oriented business has been issued
as well as the individual listed as an applicant on
the application for a permit.
m. PERSON means an individual, proprietorship, partner-
ship, corporation, association, or other legal
entity.
n. PHYSICAL CULTURE ESTASLISH)~ENT means any establish-
ment which offers, provides or advertises massage,
body rubs or physical contact with specified
anatomical areas, regardless of whether or not said
establishment has received a sexually oriented
business permit under this Ordinance. Establishments
which routinely provide medical services by State
licensed medical practitioners, electrolysis
treatment b}, permitted operators of electrolysis
equipment, and massage by licensed massage therapists
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shall be e>:cluded from the definition of adult
physical culture establishments.
It is not the intent of this Ordinance to
regulate matters of massage establishments. These
matters are regulated by the Department of
Professional Re~[ulation, Board of Massage, and by
State law, Chapter 480, Florida Statutes.
o. PUBLIC RECREATION AREA means public land which has
been designated for recreational activities,
including, but not limited to, nature trails,
boating, picnicking, beaches, parks, playgrounds,
ball fields, basketball or tennis courts:, pedestrian/
bicycle paths, open space, wilderness areas, or
similar public land.
SCHOOL means a facility which is in compliance with
the compulsory school attendance law, Chapter 232,
Florida Statutes, and provides a curriculum of
elementary and secondary academic instruction,
including kindergartens, elementary schools, middle
schools, junior high schools, and high schools.
q.. SEMI-NUDE or S~[I-NUDITY means a state of dress in
which clothing covers no more than the genitals,
pubic region, and the areola or nipple of the female
breast, as well as portions of the body covered by
supporting straps or devices.
r. SEXUAL ENCOUNT~iR CENTER means a sexually oriented
business or similar commercial enterprise that, as
one of its primary business purposes, offers for any
form of consideration:
(1) Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
(2) Activities between male and female persons
and/or persons of the same sci( when one or more
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of the persons are in a stat{: of nudity or
semi-nudity.
s. SEXUALLY ORIENTED ARCADE means any ])lace to which the
public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or
mechanically controlled still or motion picture
machines, projectors, or other image-producing
devices are maintained to show images to five or
fewer persons per machine, at any on{~ time, and where
the images so displayed are distinguished or
characterized by the depicting or describing of
"specified sexual activities" or "specified
anatomical areas."
t. SEXUALLY ORIENTED BOOKSTOR~., SEXUALLY ORIENTED WIDEO
STORE or S~XUALLY ORIENTED NOVELT%: ~TORE
(1) SEXUALLY ORIENTED BOOKSTORE, SEXUALLY ORIENTED
VIDEO STORE or SEXUALLY ORIENTED NOVELTY STORE
means a commercial establishnent which, as one
of its principal business purposes, offers for
sale or rental for any form of consideration any
one or more of the following:..
(a) Books, magazines, periodicals or other
prin'ted matter, or photographs, films,
motion pictures, videocassettes or video
reproductions, slides, or other visual
representations which are characterized by
depictions or descriptions of "specified
sexual activities" or "specified anatomical
areas"; or
(b) Instruments, devices or paraphernalia which
are designed for use in connection with
"specified sexual activities."
(2) The term "principal business purpo:~e" shall
include any such commercial establishment which:
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lib
(a) Derives 25% or more of it:~ gross monthly
~'evenues from the sale or rental of the
inventory and/or material:~ described in
Section Four "t" (1) (a) ;~nd (b), or
(b) Has ~s 25% or more of its stock in trade
the inventory and/or materials described in
Section Four "t" (1) (a.) and (b), or
(c) Devotes 25% or more of its interior
business area to the sale or rental of the
inventory and/or materials described in
Section Four "t'" (1) (a} and (b), or
(d) Devotes 25% or more of ~.ts advertising to
tlhe sale or rental of the inventory and/or
materials described in Section Four "t" (1)
(a) and (b), or
(e) Does not meet one or more of 'the criteria
in thi~ ~ubsmction (2)(a) through (d), but
does offer for sale or rental the inventory
and/ox' materials described at Section Four
"t" (1) (a) and (b) in a manner which
demonstrates that the sale or rental of the
aforesaid materials is a prin¢:ipal business
purpose.
A commercial establishment may have other
principal business purposes that. do not involve
the offering for sale or rental of material
characte~:i::ed by depictions or descriptions
of "specifLed sexual activities" or "specified
anatomical areas" and still be categorized as a
SEXUALLY ORIENTED BOOKSTORE, SEXUALLY ORIENTED
VIDEO S~.~ORE or SEXUALLY ORIENTED NOVELTY STORE.
Such other business purposes will not serve to
exempt such commercial establishments from being
categorized as a SEXUALLY ORIENTED BOOKSTORE,
SEXUALLY ORIENTED VIDEO STORE or SEXUALLY
ORIEMTED NOVELTY STORE so long as one of its
principal bu~iness purposes is the offering for
sale or ¢:onsiduration of the spocified material~
characterized by depictions or descriptions of
"specified sexual activities" or "specified
anatomical areas."
u. SEXUALLY ORI~NTZD BUSINE88 means a sexually oriented
arcade, sexually oriented bookstore, sexually
oriented video store or sexually oriented novelty
~tore, sexually oriented cabaret, sexually oriented
motel\hotel, sexually oriented motion picture
theater, sexually oriented theater, escort agency,
physical culture establishment, nude model studio, or
sexual encounter center.
v. SEXUALLY ORIENTED CABARET means a night club, bar,
bottle club as d~fined in Chapter 561, Florida
Statutes, restaurant, or other commercial business or
establishment, whether or not alcoholic beverages are
served, which regularly features:
(1) Persons who appear in a state of nudity or
semi-nudity; or
(12) Live performances, appearances or exhibitions
which ar~ characterized by the e~po~ura of
"specified anatomical areas" or by "specified
sexual activities"; or
(3) Films, motion pictures, videocassettes, slides,
or other photographic reproductions which are
characterized by the depiction or description of
"specified sexual activities" or "specified
anatomical areas."
w. S]~XUALL¥ ORIENTED MOTEL/HOTEL mea~s a motel, hotel or
similar commercial establishment which:
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(1) Offers accommodations to the public for any form
of consideration; provides patrons with closed-
circuit television transmissions, films, motion
pictures, videocassettes, slides, or other
photographic reproductions which are character-
ized by depiction or description of "specified
sexual activities" or "specified anatomical
areas"; and which advertises the availability
of this sexually oriented type of photographic
reproductions by means of a sign visible from
the public right of way or by means of any
off-premises advertising including, but not
limited to, newspapers, magazines, pamphlets or
leaflets, radio and television; or
(2) Offers a sleeping room for rent for a period of
time that is less than ten (10) hours; or
(~) Allows a tenant or occupant of a sleeping room
to sub-rent the room for a period of time that
is less than ten (10) hours.
x. ~IIXUALLY ORIENTED ~OTION PICTURE THEATER means a
commercial establishment where for any form of
consideration, films, motion pictures, video-
cassettes, slides, or similar photographic
reproductions are regularly shown which are
characterized by the depiction or description of
"specified sexual activities" or "specified
anatomical areas."
y. ~EXUALLY ORIENTED THEATER means a theater, concert
hall, auditorium, or similar commercial establishment
which regularly features persons who appear in a
state of nudity or semi-nudity or live performances
which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual
activities'~'l ~4~£ 20
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Z. S]{ERIFF means the Sheriff of Collier County, Florida
o:? his/her deputy sheriffs.
aa. SPECIFIED ANATOMICAL AREAS means:
(1) Less than completely and opaquely covered:
(a) Human genitals or pubic region; or
(b) Buttock; or
(c) Areola or nipple of the female breast.
(2) Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
bb. B~'ECIFIED CRIMINA~ ACT means:
(1) A criminal violation of this Ordinance;
(2) An offense under Chapter 794, Florida Statutes
(sexual battery);
(3) An offense under Chapter 796, Florida Statutes
(prostitution);
(4) An offense under Chapter 800, Florida Statutes
(lewdness; indecent exposure);
(5) An offense under Chapter 826, Florida Statutes
(bigamy; incest);
(6) An offense under Chapter 847, Florida Statutes
(obscene literature; profanity); or
(7) An offense under any analogous statute of a
state other than Florida, or under any analogous
ordinance of another county or city.
cc. SPECIFIED SE~iUAL ACTIVITIES means:
(1) Human genitals in a state of sexual stimulation,
arousal or tumescence; or
(2) The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or
female breast(s); or
(3) Sex acts, actual or simulated, including, but
not limited to, intercourse, oral copulation, or
sodomy and also including as examples, but not
limited to, any of the following: acts of human
analingus, bestiality, buggery, cunnilingus,
coprophagy, coprophilia, fellatio, flagellation,
masochism, necrophilia, pederasty, pedophilia,
sadism, sado-masochism, sapphism, uro]agnia or
zooerasty; or
(4) Masturbation, actual or simulated; or
(5) Excretory functions as part of or in connection
with any of the activities set forth in (1)
through (4) above.
d,~. STRADDLE DANCE (also known as a lap dancl~) means the
use by an employee of a sexually oriented business of
any part of his/her body to touch the genital or
pubic area of a person, or to touch the breast(s) of
a female person, whether clothed or unclothed, while
at the business; or the touching of the genital or
pubic area of an employee by a person while at the
business; or the touching of the breast(s) of a
female employee, whether clothed or unclothed, by a
person while at the business. It shall be a
"straddle dance" regardless of whether the "touch" or
"touching" occurs while the employee is nude,
semi-nude or displaying or exposing any specified
anatomical area. It shall also be a "straddle dance"
regardless of wkether the "touch" or "touching" is
direct or throuqh a medium.
e~. TRA/~SFER OF OWNERSHIP OR CONTROL of a sexually
oriented business means and includes any of the
following:
(1) The sale, ]ease, or sublease of a business;
(2) The transfer of securities which constitute a
controlling interest in the bus].ness, whether by
sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other
similar legal device which transfers the owner-
ship or control of the business, except for
transfer by bequest or other operation of law
upon the d, eath of th(~ person possessing the
ownership or control.
BECTIO~ FIYE~ Classif ica. tion
Sexually oriented businesses are classified as follows:
a. Sexually oriented arcade
b. Sexually oriented bookstore, sexually oriented video
store or sexually oriented novelty store
c.. Sexually oriented cabaret
d. Sexually oriented motel/hotel
e. Sexually oriented motion picture
f. Sexually oriented theater
g. Escort agency
h. Physical culture establishment
i. Nude model st~dio
J. Sexual encounter center
SECTIO~ SIX~ Permit Rmqu.~re~
a. No sexually oriented business shall be permitted to
oDerate without a valid permit issued by the Collier
County Community Development Services Division for
the particular type of business. It shall be un-
lawful and a person commits a misdemeaner of he/she
operates or causes to be operated a sexually oriented
bu-~iness without said permit.
b. The Community Development Services DLvision
Administrator, or his/her designee, .is responsible
for granting, denying, revoking, renewing, sus-
pending, and canceling sexually oriented business
permits for proposed or e~isting sexually oriented
businesses. The Community Development Services
Division Administrator, or his/her designee, is also
responsibl~ for ascertaining whether a proposed
sexually oriented business for which a permit is
being applied for complies with all locational
requirements of Section Eight of this Ordinance, all
applicable zoning laws and/or regulations now in
effect or as amended or enacted subsequent to the
effective date of this Ordinance in Collier County,
and the Collier County, City of Naples and Everglades
City Comprehensive Plans, whichever is applicable.
The Sheriff's officE~ is responsible for
providing information on whether an applicant has
been convicted of a specified criminal act during the
time period set forth in Section Nine of this
Ordinance by the performance of FCIC/NCIC records
request check.
The Community Development Services Division
Administrator, or his/her designee is also
responsible for inspecting a proposed, permitted or
non-permitted sexually oriented business in order to
ascertain whether it is in compliance with applicable
statutes and ordinances.
c. An application for a permit must be made on a form
provided by the Collier County Community Development
Services Division. Any person desiring to operate a
sexually oriented business shall file with the
Community Development Services Division an original
and two copies of a sworn permit application on the
standard application form supplied by the Community
Development Services Division Administrator or
his/her designee.
d. The completed application shall contain the following
information and shall be accompanied by the following
documents and information:
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(1) If thE, applicant is:
(a) an individual, the individual shall state
his/her legal name and any aliases and
submit satisfactory proof tha~ hQ/she is
eighteen years of age;
(b) a partnership, the partnership shall state
its complete name, and the names of all
partners, whether the partnership is
general or limited, and a copy of the
partnership agreement, if any;
(c) a corporation, the corporation shall state
its complete name, the dat~ of its
incorporation, evidence that the cor-
poration is in good standing under the laws
of Florida, the names and capacity of all
officers, directors and principal
stockholders, and the name of the regis-
tered corporate agent and the address of
the registered office for service of
process.
(2) If the applicant intends to operate the sexually
oriented business under a name other than that
of the applicant, the sexually oriented busi-
ness's fictitious name and the county of
registration under Section 865.09, Florida
Statutes.
(3) Whether the applicant or any of the other
individuals listed pursuant to Section Six
d.(1) of this Ordinance has, within the five (5)
year period immediately preceding the date of
the application, been convicted of a specified
criminal act, and, if so, the specified criminal
act involved, the date of conviction and the
place of conviction.
(4) Whotl~or tha applicant or any or tho other
individuals pursuant to Section Six d.(1) of
this Ordinance has had a previous permit under
this OrdLnance denied, suspended or revoked,
including the name and location of the sexually
oriented business for which the permit was
denied, suspended or revoked, as well as the
date of the denial, suspension or revocation,
and whether the applicant or any other
individuals listed pursuant to Section Six d.(1)
has been a partner in a partnership or an
o~icer, director or principal stockholder of a
corporatio~ that is permitted under this
Ordinance whose permit has previously been
denied, suspended or revoked, including the name
and location of the sexually oriented business
for which the permit was denied, suspended or
revoked ~s well as the date of denial,
suspension or revocation.
(5) Whether the applicant or any other individual
listed pursuant to Section Six d.(1) holds any
other permit~ under this Ordinance and, if so,
the names and locations of such other permitted
businesses.
(6) The sing].e classification of permit for which
the applicant is filing. The applicant shall
state the general nature of the type of sexually
oriented business for which the applicant is
seeking a permit, including the degree to which
tho anticipated activities at the business meet
the definitions of the enumerated sexually
oriented businesses at Sections Four and Five of
this Ordinance. Such a statement shall serve as
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the initial basis for the permitted activities
allowed under any permit that is iss%~ed.
(7) The location of the proposed sexually oriented
business, including a legal description of the
property, street address, and telephone
number(s), if any.
(8) The appl].cant's mailing address and residential
address.
(9) A recent photograph of the applicant and of any
person listed pursuant to Section Six "d" (1) of
this Ordinance.
(10) The applicant's driver's permit number, Social
Security number, and or his/her State or
federally issued tax identification number. The
same information shall be provided for any
person listed pursuant to Section Six "d" (1) of
this Ordinance.
(11) A sketch or diagram showing the configuration of
the premise~, including a statement of total
floor space occupied by the business. The
sketch or diagram need not be professionally
prepared but it must be drawn to a designated
scale or drawn with marked dimensions of the
interior of the premises to an accuracy of plus
or minus six (6) inches. The sketch or diagram
shall designate any portion of the premises
which patrons will not be permitt~d.
(12) A current certificate and straight-line drawing
prepared within thirty (30) days prior to
application by a Florida registered land
surveyor depicting the property lines and the
structures containing any established existing
uses regulat,~d by this Ordinance within fifteen
hundred (1500) feet of the property to be
27
certified; the property lines of any established
church/synagogue, school, child care center or
public recreation area within one thousand
(1000) feet of the property to be certified; and
the property lines of any residentially zoned
area within five hundred (500) feet of the
property to be certified. For purposos of this
Section, a use shall be considered existing or
established if it is in existence at the time an
application is submitted.
(13) If a person who wishes to operate a sexually
oriented business is an individual, he/she must
sign the application for a permit as applicant.
If a person who wishes to operate a sexually
oriented business is other than an individual,
each individual who has a ten percent (10%) or
greater interest in the business must sign the
application for a permit as applicant. If a
corporation is listed as Owner of a sexually
oriented business or as the entity which wishes
to operate such a business, each individual
having a ten percent (10%) or greater interest
in the corporation must sign the application for
a permit as applicant.
(14) If a person wishes to operate a sexually
oriented business which shall exhibit on the
premises films, videocassettes, or other video
reproductions which depict specified sexual
activities or specified anatomical areas, then
said person shall comply with th~ application
requirements stated at Section Eighteen "a".
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(15) The names of the employees for the proposed
sexually oriented business, if known, or, if
presently unknown, a :~tatement to that effect.
e. Applicants for a permit under this Section shall have
a continuing duty to promptly supplement application
information required by this Section in the event
that said information changes in any way from what is
stated on the application. The failure to comply
with said continuing duty within thirty (30) days
from the date of such change, by supplementing the
application on file with the Division Administrator
or his/her designee, shall be grounds for suspension
of a permit.
f. In the event that the Community Development Services
Division Administrator or his/her designee determines
or learns at any time that the applicant has not
properly completed the application for a proposed
sexually oriented business~ he/she shall ~romptly
notify the applicant of such fact and allow the
applicant ten (lO) days to properly complete the
application. (The time period for granting or
denying a permit shall be stayed during the period in
which the applicant is allowed an opportunity to
properly complete the application.)
g. The applicant must be qualified according to the
provisions of t~is Ordinance and the Dremises must be
inspected and found to be in compliance with the
applicable Jurisdiction's health, fir,-~ and building
codes and laws.
h. The applicant shall be required to pay a non-
refundable application fee of two hundred and fifty
dollars ($25[).00) at the time of filing an
application under this Section of this Ordinance if
the location of the proposed sexually oriented
business is in the unincorporated area of Collier
County. The applicant shall pay the fee to the
Division.
The non-refundable application fee shall be
three hundred dollars ($300.00) if tlhe location of
the sexually oriented business is in either the
municipality of the City of Naples or Everglades
City. If the three hundred dollar ($300.00) fee is
required, the applicant shall pay the fee to the
Di¥ision and th(, Division shall remit one hundred and
fifty dollars ($150.00) to the applicable munici-
pality.
Ail application fees shall be subject to
modification by resolution of the Collier County
Board of County Commissioners.
i. Prior to obtaining an occupational license to operate
any business defined in this Ordinance, and as part
of any application for a permit under this Section,
the applicant shall obtain from the Community
Development Services Division Administrator or
his/her designee a certification that the proposed
location of such business complies with the
locational requirements of Section Eight of this
Ordinance.
J. The fact that a person possesses other types of State
or County permits and/or licenses does not exempt
him/her from the requirement of obtaining a sexually
oriented business permit.
k. By applying for a permit under this Ordinance, the
applicant shall be deemed to have consented to the
provisions of this Ordinance and to the exercise by
the Community Development Services Division
Administrator, or his/her designee, the Sheriff's
office and all other Collier County agencies or
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State or municipal agencies or officers charged with
enforcing 'the laws, ordinances and (:odes applicable
in Collier County of their respective
responsibilities under this Ordinance.
S~CTION SEVEN~ Invmstigation of ~pplioation
a. Upon receipt of an application properly filed with
tho Collier County community Developmon. t Sorvic~s
Division and upon payment of the non-refundable
application fee, the Community Development Servic,s
Division Administrator, or his/her designee, shall
~mmediately stamp the application as received and
shall immediately thereafter send photocopies of the
application to the Sheriff's office and any other
State, County or municipal agencies responsible for
enforcement of health, fire and building codes and
laws. Each department or agency shall promptly
conduct an investigation'of the applicant,
application and the proposed sexually oriented
business in accordance with its responsibilities
under law and as set forth in this Ordinance. Said
investigation shall be completed within twenty (20)
days of receipt of the application by the Community
Development Services Division Administrator or
his/her designee. At the conclusion of its
investigation, each department or agency shall
indicate on the photocopy of the application its
approval or disapproval of the application, date it,
sign it, and, in the ev,~nt it disapproves, state the
reasons therefor. The Sheriff's office shall only be
required to certify the FCIC/NCIC records request
check mentioned at Section six "b". The Sheriff's
office shall not be required to approve or disapprove
applications.
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b. A department or agency shall disapprove an appli-
cation if it finds that the proposed sexually
oriented business will be in violation of any
provision of any statute, code, ordinance, regulation
or other law in effect in Collier County or appli-
cable municipality. After its indication of approval
or disapproval, each department or agency shall
immediately roturn the photocopy of the application
to the Community Development Services Division
Administrator or his/her designee.
SECTION ~IGHT~ Location of Sexually Oriented Businesses
a. It shall be unlawful and a person commits a
misdemeanor if he/she operates or causes to be
¢lperated a sexually oriented business, regardless of
whether or not a permit has been issued for said
business under this Ordinance, within five hundred
(500) feet of any area ih Collier County zoned for
residential purposes.
b. It shall be unlawful and a person commits a mis-
demeanor if he/she operates or causes to be operated
a sexually oriented business, regardless of whether
or not a permit has been issued for said business
under this Ordinance, within one thousand (1000) feet
of any church, synagogue, school, child care center
or public recreation area in Collier County.
c. It shall be unlawful and a ~erson commits a mis-
demeanor if he/she operates or causes to be operated
a sexually oriented business, regardless of whether
or not a permit has been issued for said business
under this Ordinance, within fifteen hundred (1,500)
feet of any other such regulated use.
d. It shall be unlawful and a person commits a mis-
demeanor if he/she causes or permits the operation,
establishment or maintenance of more than one
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sexually oriented business, regardless of whether or
not a permit has been issued for said business under
this Ordinance, in the same building, structure or
portion thereof, or tho increase of floor areas of
any sexually oriented business in any building,
structure, or portion thereof, containing another
sexually oriented business.
e. For the purposes of this Ordinance, distances shall
be measured in a straight line from property line to
property line, along the shortest distance between
property lines, without regard to the route of normal
travel or interw~ning structures or objects. Nothing
in this Section shall be construed to permit the
operation of any business or the performance of any
activity prohibited under any other section of this
Ordinance. Additionally, nothing in this Ordinance
shall be construed to authorize, allow or permit the
establishment or operation ¢,f any business, the
performance of any activity, or the possession of any
item, which is obscene under the statutorily and
judicially established definitions of obscenity.
f. Any sexually oriented business lawfully operating on
the effective date of this Ordinance that is in
violation of this Section of this Ordinance shall be
deemed a non-conforming use for purposes of this
Ordinance. A non-conforming use will be permitted to
continue for a period not to exceed three hundred
sixty-five (365) days unless sooner terminated for
any reason or voluntarily discontinued for a period
of thirty (30) days or more. Such non-conforming
uses shall not be increased, enlarged, extended or
altered except that the use may be changed to a
conforming use. If two or more sexually oriented
businesses are within fifteen hundred (1,500) feet of
046. 33'
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one another and otherwise in a permissible location,
the sexually oriented business which was first
established and continually operating at a particular
location is th~ conforming use and the later
established business(es) is non-conforming.
g. Under Section Eight "f" of this Ordinance, the
Community Development Services Division Administrator
or his/her designee may, in his/her reasonable
discretion, grant an exten,sion, not to exceed three
hundred sixty-five (365) days from the expiration of
the three hundred sixty-five (365) day period set
forth in Section Eight "f" for continuation of the
non-conforming use provided that the owner(s) of the
non-conforming use proves that he/she is unable to
recoup his/her initial capital investment in the
business (which is a non-conforming use) within three
hundred sixty-five (365)' days from the effective date
of this Ordinance.
h. A sexually oriented business lawfully op~rating as a
conforming use is not rendered a non-conforming use
by the location, subsequent to the grant or renewal
of the sexually oriented business permit of a church/
synagogue, school, child care center, public recre-
ation area or residential property within one thou-
sand (1000) fe~t of the sexually oriented business.
This provision applies only to the renewal of a valid
permit and does not apply when an application for a
permit is submitted after a permit has expired or has
been revoked.
SECTION NINE~ Issuance of Permit
a. The Community O.evelopment Services Division
Administrator, or his/her designee, shall grant or
deny an application for a permit within thirty (30)
days from the date of its proper filing. Upon the
-31-
expiration of the thirtieth (30th) day, the applicant
may be permitted to begin operating the business for
which the permit is sought:, unless and until the
Cor,~unity Development Services Division Adminis-
trator, or his/her designee, notifies the applicant
of a denial of the application and states the
reason(s) for that denial. Nothing contained herein
is intended to, or shall be construed to, exempt an
applicant from compliance with all other applicable
County, municipal, State and federal laws including,
but not limited to, requirements to obtain a building
permit, certificate of occupancy, occupational
license or zoning approval.
b. Grant of Application for Permit
(1) The Community Development Services Division
Administrator, or his/her designee, shall grant
the application unless one or more of the
criteria set forth in Section Nine "c" below is
present.
(2) The permit, if granted, shall state on its face
the name of the person or persons to whom it is
granted, the name of the business, the date of
issuance, the expiration date, and the address
of the sexually oriented business. The permit
shall also refer to Section 800.03, Florida
Statutes, with the warning that any sexually
oriented business, whether or not a permit has
been issued for said business under this
Ordinance, may be subject to said section's
prohibition against public nudity pursuant to
the United States Supreme Court decision in
~rn~s_y~__~en Theat=9~_/dlg_~, .__ U.S. ,
__ L.Ed. 2d. __, 111 S.Ct. 2456, 59 USLW
4745 (6/21/91). The permit shall be posted in a
conspicuous place at or near the entrance to the
sexually oriented business so that it can be
easily read at any time.
c. Denial of Application for Permit
(1) The Community Development Services Division
Administrator, or his/her designee, shall deny
the application for any of the following
reasons:
(a) An applicant is under eighteen years of
i'! age.
(b) An applicant or an applicant's spouse is
overdue on his/her payment to the County or
applicable municipality of ta):es, fees,
fines, or penalties assessed against
him/her or imposed upon him/her in relation
to a sexually oriented business.
(c) An applicant is residing with a person who
has been denied a permit by the County to
operate a sexually oriented business within
the preceding twelve (12) months, or
residing with a person whose permit to
operate a sexually oriented business has
been revoked within the preceding twelve
(12) months.
(d) An applicant has failed to provide infor-
mation reasonably necessary for the
issuance of the permit or has falsely
answered a question or request for infor-
mation on the application form.
(e) The premises to be used for the sexually
oriented business have not been approved as
being in compliance with health, fire and
buildinc~codes bx~be department or agency
-33-
responsible under law for investigating
said compliance.
(f) The application or permit fees required by
~! this ordinance have not been paid.
(g) An applicant of the proposed business is in
violation of, or is not in compliance with,
any of the provisions of this Ordinance.
(h) The granting of the application would
violate a statute, ordinance, or court
order.
(i) The applicant has a permit under this
Ordinance which has been suspended or
revoked.
(j) An applicant has been convicted of a
specified criminal act for which:
1) Less than two (2) years have elapsed
sincm ths'date of conviction or the
date of release from confinement
imposed for the conviction, whichever
is the later date, if th~ conviction
is of a misdemeanor offense; or
2) Less than five (5) years have elapsed
since the date of conviction or the
date of release from confinement
imposed for the conviction, whichever
Is the later date, if the conviction
Is of a felony offense; or
3) Less than five (5) years have elapsed
since the date of the last conviction
or the date of release from con-
finement for the last conviction,
~chichever is the later date, if the
convictions are of two or more mis-
demeanor offenses or a combination of
misdemeanor offenses occurring within
any twenty-four (24) month period.
4) The fact that a conviction is being
appealed shall have no effect on
disqualification of the applicant.
5) An applicant who has been convicted of
a specified criminal act may qualify
for a sexually oriented business
permit only when the time period
required by Section Nine "c" (1) (j)
has elapsed.
(2) If the Community Development Services Division
Administrator, or his/her designee, denies the
application, he/she shall notify tke applicant
of the denia~ and state the reason(s) for the
denial.
(3) If a person applies for a permit for a par-
ticular location within a period of nine (9)
months from the date of denial of a previous
applicat~on for a permit at the location, and
there has not been an intervening change in the
circumstances which could reasonably be expected
to lead to a different decision regarding the
former reasons for denial, the application shall
be denied.
SECTION TE~'~ Annual Perm:it Fee
a. ~he annual non-refundable fee for a sexually oriented
business permit shall be two hundred and fifty
dollars ($250.00) if the location of said business is
in the unincorporated area of Collier County. The
permittee shall pay the fee to the Division.
b. The annual non-refundable fee for a sexually oriented
business permit shall be three hundred and fifty
dollars ($350.00) if the location of said business is
-35-
in either the municipality of the City of Naples or
Everglades City. If the three hundred fifty dollar
($350.00) fee is required, the permittee shall pay
the fee to the Division and the Division shall remit
two hundred dollars ($200.00) to the applicable
municipality.
c. All annual permit fees shall be subject to
modification by resolution of the Collier County
Board of County CommissionerB.
SECTION :~LE~EN~ Inspeotion
a. An applicant or permittee shall permit represen-
tatives of the Collier County Sheriff's office,
Naples and Everglades city police departments,
Community Development Services Division and its
municipal counterparts, the Health Department, and
the Fire Department to inspect the premises of a
sexually oriented business for the purpose of
insuring compliance with the law, at any 'time it is
occupied or open for business.
b. It shall be unlawful and a person who operates a
sexually oriented business, regardless of whether or
not a permit has been issued for said business under
this ordinance, or his/her agent or employee commits
a misdemeanor if he/she refuses to permit such lawful
inspection of the premises at any time that it is
occupied or open for business.
SECTION TWELYE~ Expiration of Permit
a. Each permit shall expire one (1) year from the date
of issuance and may be renewed only by making
application as provided in Section Six (for renewals,
a new survey, in addition to the survey originally
filed shall not be required) of this Ordinance.
Application for renewal shall be made at least thirty
(30) days before the expiration date, and when made
-36-
less than thirty (30) days before the expiration
date, the expiration of the permit will not be
affected.
b. When the Community Development Services Division
Administrator, or his/her designee, denies renewal of
the permit, the applicant shall not be issued a
permit under this Ordinance for one (1) year from the
date of denial. If, subsequent to denial, the
Community Development Services Division
Administrator, or his/her designee, finds that the
basis for denial of the renewal of the permit has
been corrected, the applicant shall be granted a
permit if at least ninety (90) days have elapsed
since the date denial became final.
BECTION THIRTEENz Suspmnsion of Permit
The Community Development Services Division Administrator,
or his/her designee, shall suspend'a permit for a period not to
exceed thirty (30) days if he/she determines that a permittee,
or an employee of a permittee, has:
(1) Violated or is not in compliance with any section of
this ordinance; or
(2) Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises; or
(3) Refused to allow an inspection of sexually oriented
business premises as authorized by this Ordinance; or
(4) Knowingly permitted gambling by any person on the
sexually oriented business premises; or
(5) Operated the sexually oriented business in violation
of a bui.lding, fire, health, or zoning statute, code,
ordinance or regulation, wh,~ther federal, state or
local, said determination being based on
investigation by the division, department or agency
charged with enforcing said rules or laws. In the
event of such statute, code, ordinance or regulation
-37-
violation, the Community Development Services
Division Administrator, or his/her designee, shall
promptly notify the permitt~e of the violation and
shall allow th. p~]rmittee a seven (7) day period in
which to correct the violation. If the permittee
fails to correct the violation before the expiration
of the seven (7) (lay period, the Community
Development Administrator, or his/her designee, shall
forthwith suspend the permit and shall notify the
permittee of the suspension. The suspension shall
remain in effect until the violation of the statute,
code, ordinance or regulation in question has been
corrected; or
(6) Engaged in a permit transfer contrary to Section
Sixteen of this ordinance. In the event that the
Co~unity Development Services Division
Administrator, or his/her designee, suspends a permit
on the ground that a permittee engaged in a permit
transfer contrary to Section Sixteen of this
Ordinance, the Administrator or his/her designee
shall forthwith notify the permittee of the sus-
pension. The suspension shall remain in effect until
the Administrator or his/her designee is satisfied
that the requirements of Section Sixteen of this
ordinance have been met.
SECTION FOURTEEN: Revocation of Permit
a. The Community Development Services Division
Administrator, or his/her designee, shall revoke a
permit if a cause of suspension in Section Thirteen
of this Ordinance occurs and the permit has been
~u~pond~d w£th[n tho procoding twu[v~, (12) months.
b. The Community Development Services Division
Administrator, or his/her designee, shall revoke a
permit upon determining that:
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(1) A permittee gave false or misleading information
in the material submitted during the application
process; or
(2) A permittee or an employee has knowingly allowed
possession, use or sale of controlled sub-
stances on the premises; or
(3) A permittee or an employee has knowingly allowed
prostitution on the premises; or
(4) A permittee or an employee knowingly operated
the sexually oriented business during a period
of tim.~ when the permittee's permit was sus-
pended; or
(5) A permtttee has been convicted of a specified
criminal act for which the time period required
in Section Nine of this Ordinance has not
elapsed; or
(6) On two or more occasions within a twelYs (12)
month period, a person or persons committed an
offense, occurring in or on the permitted
premises, constituting a specified criminal act
for which a conviction has been obtained, and
the person or persons were employee:s of the
sexually oriented business at the time the
offenses were committed. The fact 'that a
convicticn is being appealed shall have no
effect on the revocation of the permit; or
(7) A permittee is delinquent in payment to the
County, State, or any municipality within the
County, for any taxes or fees past due; or
(8) A permittee or an employee has knowingly allowed
any act of sexual intercourse, sodomy, oral
copulation, masturbation, or any otlher specified
sexual activities to occur in or on the
permitted premises.
-39-
c. When the Community Development Services Division
Administrator, or his/her designee, revokes a permit,
the revocation shall continue for OhO (1) year and
the permittee shall not be issued a sexually oriented
business permit for one (1) year from the date
revocation became effective. If, subsequent to
revocation, the Community Development Services
Division Administrator finds that the basis for
revocation under Subsection (7) has been corrected,
the applicant shall be granted a permit if at least
ninety (90) days have elapsed since the date
revocation became effective. If the permit was
revoked under Section Fourteen b (5) of this
Ordinance, an applicant may not be granted another
permit until the number of years required under
Section Nine have elapsed.
SECTION FIFTEEN: Judicial Review 0f Permit Denial, Suspension
or Revo¢:ation
After denial of an application, or denial of a renewal of
an application, or suspension or revocation of a permit, the
applicant or permittee may seek prompt judicial review of such
administrative action in the Collier County Circuit Court. The
administrative action shall be promptly reviewed by the Court.
SECTION SIXTEEN: Transfer= of Permit
a. A permittee sha~l not operate a sexually oriented
business under the authority of a permit at any place
other than the address designated in the application
for permit.
b. A permittee shall not transfer his/her permit to
another person unless and until such other person
satisfies the following requirements:
(1) Obtains an amendment to the permit from the
Community Development Services Division
Administrator, or his/her designee, which
provides that he/she is now the permittee, which
amendment may be obtained only if he/she has
completed and properly filed an application with
the Co~mmunity Development Services Division
Administrator, or his/her designee, setting
forth the information called for under Section
Six of this Ordinance in the application; and
(2) Pays a transfer fee of twenty percent (20%) of
the annual permit fee set by this Ordinance.
c. No permit may be transferred when the Community
Development Services Division Administrator or
his/her designee has notified the permittee that
suspension or revocation proceedings have been or
will be brought against the permittee.
d. A permittee shall not transfer his permit to another
location.
e. Any attempt to transfer a permit either directly or
indirectly in violation of this Section is hereby
declared void and the permit shall be considered
abandoned and shall automatically revert to the
Community Development Services Division Admin-
istrator.
SECTION SE~ENTEEN~ A~itional Reg~lations for Sexually
Orie~te~ Motel,s/Hotels
a. ~vidence that a sleeping room in a motel, hotel or a
similar commercial establishment has been rented and
vacated two or more times in a period of time that is
)ess than ten (10) hours creates a rebuttable pre-
sumption that the establishment is a sexually
c.riented motel or hotel as that term is defined in
this Ordinance.
b. It shall be unlawful and a person commits a mis-
demeanor if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented
business permit, he/she rents or sub-rents a sleeping
room to a person and, within ten (10) hours from the
time the room was rented, he/she rents or sub-rents
the same sleeping room again.
c. For purposes of Subsection "b" of this Section, the
terms "rent" or "sub-rent" mean the act of permitting
a room to be occupied for any form of consideration.
SECTIO~ EIGHTEEN~ Rsgulations Pertaining to Exhibition of
Sexually Explieit Films or Vi~sos
a. A person who operates or causes to be operated a
sexually oriented business, other than a sexually
oriented motel/hotel and regardless of whether or not
a permit has been issued to said business under this
Ordinance, which exhibits on the premises in a
viewing room of less than one hundred fifty (150)
square feet of floor space, a film, video cassette or
other video reproduction which depicts specified
sexual activities or specified anatomical areas,
shall comply with the following requirements:
(1) Upon application for a sexually oriented
business permit, the application shall be
accompanied by a diagram of the premises showing
a plan thereof specifying the location of one or
more manager's stations, the location of all
overhead lighting fixtures and designating any
portion of the premises in which patrons will
not be permitted. A manager's station may not
exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the
place at which this permit will be conspicuously
posted, if granted. A professionally prepared
diagram in the nature of an engineer"s or
architect's blueprint shall not be required;
however, each diagram should be oriented to the
north or to some designated street or object and
should be drawn to a designated scale with
-42-
mm mmm
marked dimensions sufficient to show the various
internal dimensions of all areas of 'the interior
of the premises to an accuracy of plus or minus
six (6) inches. The Collier County Community
Development Services Division Administrator, or
his/her designee, may waive the foregoing dia-
gram for renewal applications if the applicant
adopts a diagram that was previously submitted
and certifies that the configuration of the
premises has not been altered since it was
prepared.
(2) The application shall be sworn to be true and
correct by the applicant.
(3) No alteration in the configuration or location
of a manag~mr's station may be made without the
prior approval of the Community Development
Services Division Administrator, or his/her
designee.
(4) It is the duty of the owners and operator of the
premises to insure that at least one employee is
on duty and situated at each manager's station
at all times that any patron is present inside
the premise~).
(5) The interior of the premises shall be configured
in such a manner that there is an unobstructed
view from a manager's station of every area of
the premises to which any patron is permitted
access for any purpose, excluding restrooms.
Restrooms may not contain video reproduction
equipment. If the premises has two or more
manager's stations designated, then the interior
of the premises shall be configured in such a
manner that there is an unobstructed view of
each area of the premisos to which any patron is
-43-
permitted access for any purpose from at least
one of the manager's stations. The view re-
quired in th~s subsection must be by direct line
of sight from the manager's station.
(6) It shall be the duty of the owners and operator,
and it shall also be the duty of any agents and
employees present on the premises to insure that
the view area specified in Subsection (5) re-
mains unobstructed by any doors, walls, merchan-
dise, display racks or other materials at all
times and to insure that no patron is permitted
access to any area of the premises which has
been designated as an area in which patrons will
not be permitted in the application filed
pursuant to Subsection (1) of this Section.
(7) No viewing room may be occupied by more than one
person at any one time.
(8) The premises shall be equipped with overhead
lighting fixtures of sufficient intensity to
illuminate every place to which patrons are
permitted access and an illumination of not less
than one (1.0) foot candle as measured at the
floor level.
It shall be the duty of the owners and operator
and it shall also be the duty of any agents and
employees present on the premises to insure that
the illumination described above is maintained
at all times that any patron is present on the
premises.
b. It shall be unlawful and a person having a duty under
Section Eighteen "a" (1) - (9) commits a misdemeanor
if he/she knowingly fails to fulfill that duty.
-44-
SECTI0~ NINETEENt Regulations Pertaining to Employ~e Records
a. The permittee o~ a sexually oriented business is
responsible for keeping a record of all employees who
are currently employed by the establishment, and of
all former employee~ who were employed by the
establishment during the preceding one (1) year
period. The record shall contain the current or
former employee's full legal name, including any
aliases, his/her date of birth, his/her residential
address, his/her residential telephone number (if
any), his/her driver's license number or his/her
state or federally issued identification card number,
and a recent photograph of the current or former
employee.
b. The original records required by Subsection "a", or
true and exact copies thereof, shall be kept at the
sexually oriented business at all times and copies,
including clear photographs, provided to the
Division.
O. Any operator of the sexually oriented bus,ness shall
be responsible for knowing the location of the
original records, or the true and exact photocopies
thereof.
d. Any operator of the sexually oriented business shall,
upon request by a law enforcement officer or a
representative of the Division or of any County,
State or municipal department or agency acting under
this Ordinance or otherwise pursuant to law, make
available for inspection the original reccrds or the
true and exact photocopies thereof, during normal
working hours.
SECTION TWENTY: Prohibitions Regarding Minors and Sexually
Oriented ~usinesses
a. It shall be unlawful and a person commits a
misdemeanor if he/she operates or causes to be
-45-
operated a sexually oriented business, regardless of
whether or not a permit has been issued for said
business under this Ordinance, and knowingly or with
reasonable cause to know, permits, suffers, or
allows:
(1) Admittance of a person under eighteen (18) years
of age to the business premises;
(2) A person under eighteen (18) years of age to
remain at the business premises;
(3) A person under eighteen (18) years of age to
purchase or rent goods or services at the
business premises; or
(4) A person who is under eighteen (18) years of age
to work at the business premises as an
employee.
b. Provided, however, that for those sexually oriented
businesses that offer for sale or rental for any form
of consideration a tangible inventory of material,
some of which is characterized by the depiction or
description of specified anatomical areas or
specified sexual activities and some of which is not,
there shall be no violation under Section Nineteen
"a" (1) and (2) of this Ordinance if the materials
characterized by the depiction or description of
specified anatomical areas or specified sexual
activities are kept inaccessible to and out of the
view of minors who enter the business premises.
Provided further that there shall be no violation
under Section Nineteen "a" (3) of this Ordinance by
said sexually oriented businesses if minors are not
allowed to purchase or rent tangible inw~ntory of
materials characterized by the depiction or
description of specified anatomical areas or
specified sexual activities but they are allowed to
49
-46-
IIIB
purchase or rent other tangible inventory of
materials.
SECTION TWE~NTY-ONE: Advertising R(Jgulations
a. It shall be unlawful and a person commits a mis-
demeanor if he/she operates or causes to be operated
a sexually oriented business, regardless of whether
or not a permit has been issued for said business
under this Ordinance, and advertises the presentation
of any activity prohibited by any applicable State
statute or local ordinance.
b. I~ shall be unlawful and a person commits a
misdemeanor if he/she operates or causes to be
· operated a sexually oriented business, regardless of
whether or not a permit has been issued for said
business undsr this Ordinance, and displays or
otherwise exhibits the materials and/or performances
characterized by the description or depiction of
specified anatomical areas or specified sexual
activities at such sexually oriented business in any
advertising. This prohibition shall not extend to
advertising of the existence or location of such
sexually oriented business.
c. Nothing contained in Section Twenty-One of this
Ordinance shall relieve the operator(s) of a sexually
oriented business from complying with the
requirements of Collier County Ordinance Number
89-60, commonly known as the Collier County Sign
Ordinance, and sign ordinances of municipalities
within the County, as they may be amended from time
to time, or any subsequently enacted Collier County
or municipal sign ordinances or regulations.
SECTIO~ TWENTY-TWO: Houzs of Operation
a. It shall be unlawful and a person commits a
misdemeanor if he/she operates or causes to be
-47-
operated a sexually oriented business, regardless of
whether or not a permit has been issued for said
business under this Ordinance, and allows such
business to remain open for business, or to permit
any employee to engage in a performance, solicit a
performance, make a sale, solicit a sale, provide a
service, or solicit a service, between the hours of
2:00 a.m. and 9:00 a.m. of any particular day.
b. It shall be unlawful and a person commits a mis-
demeanor if, working as an employee of a sexually
oriented business, regardless of whether or not a
permit has been issued for said business under this
Ordinance, said employee engages in a performance,
solicits a performance, makes a sale, solicits a
sale, provides a service, or solicits a service
between the hours of 2:00 a.m. and 9:00 a.m. of any
particular day.
SECTION TWENTY-THREE: Nudity Prohibited at Sexually Oriented
Businesses Offering for Sale Alcoholic
Beverages
Collier County Ordinance No. 77-62, or applicable
municipal ordinances, prohibiting nudity at Collier County
commercial establishments at which alcoholic beverages are
offered for sale for consumption on the premises, are hereby
declared to be specifically applicable to sexually oriented
businesses, regardless of whether or not a permit has been
issued to said businesses under this Ordinance.
SECTION TWENTY-FOUR: Nudity at Sexually Oriented Businesses
Not Offering for sale Alcoholic Beverages
Subject to Prohibition Pursuant to
Section 800.0:~, Florida Statutes, and the
U.S. Supreme Court Deoilion in the ~arnes
v, Olen Thea~:e, Inc. Cass.
It is hereby declared that Section 800.03, Florida
Statutes, prohibiting public nudity specifically applies to
sexually oriented businesses (regardless of whether or not a
permit has been issued to said businesses under this
Ordinance), including said businesses even if no alcoholic
beverages are sold, served or consumed at the premises of said
businesses, pursuant to the United State~ Suprome Court
decision in Barnes v. Glen Theatre. Inc., U.S. .,
L.Ed. 2d. , 111 S.Ct. 2456, 59 USLW 4745 (6/21/91).
SECTION TWENTY-FIYE~ Straddle Dancing and Other Sexual
Activities Prohibited at Sexually
Oriented Businesses
a. It shall be unlawful and a person commits a
misdemeanor if he/she operates or causes to be
operated a sexually oriented business, regardless of
whether or not a permit has been issued under this
Ordinance, and knowingly or with reason to know
permits, suffers or allows any employee:
(1) To engage in a straddle dance with a person at
the business;
(2) To contract or otherwise agree with a person to
engage in a straddle dance with a person at the
business;
(3) To engage in any specified sexual activity at the
business;
(4) To display or expose any specified anatomical
area while simulating any specified sexual
activity with any other person at the estab-
lishment, including with another employee;
(5) To intentionally touch any person at the sexually
oriented business while engaged in the display or
exposure of any specified anatomical area;
(6) To voluntarily be within three (3) feet of any
person, other than another employee, while
engaged in the display or exposure of any
specified anatomical area.
b. It shall be unlawful and a person commits a mis-
demeanor if, as an employee of a sexually oriented
business, said p(~rson:
-4~-
(1) Engages in a straddle dance with a person at the
business;
(2) Contracts or otherwise agrees to engage in a
straddle dance with a person at the business;
(3) Engages in any specified sexual activity at the
business;
(4) Displays or exposes any specified anatomical area
while simulating any specified sexual activity
with any other person at the business, including
with another employee;
(5) While engaged in the display or exposure of any
specified anatomical area, intentionally touches
a person at the sexually oriented business;
(6) Is voluntarily within three (3) feet of any
person (other than another employee) while said
person/employee is engaged in the display or
exposure of any specified anatomical area.
c. It shall be unlawful and shall constitute a mis-
demeanor for any person at any sexually oriented
business, regardless of whether or not said business
is permitted under this ordinance, to intentionally
touch an employee who is displaying or exposing any
specified anatomical area at the sexually oriented
business.
d. It shall be unlawful and shall constitute a mis-
demeanor offense for any person at any ~exually
oriented business, regardless of whether or not said
business is permitted under this Ordinance, to engage
in a straddle dance with an employee at the business.
~ECTION ~ENTY-SIX: Additional Criminal Prohibitions
In addition to the criminal provisions found at other
sections of this Ordinance, the following additional criminal
provisions shall also apply to sexually oriented businesses:
-50-
a. It shall be unlawful and a misdemeanor for a
permittee or an operator to operate or for any person
to be an operator or employee of a sexually oriented
business where the permittee, operator or employee
knows or should know any of the following:
(1) That the business does not have a sexually
oriented business permit under this ordinance;
or
(2) That the sexually oriented business has a permit
which is under suspension; or
(3) That the sexually oriented business has a permit
which has expired or been canceled; or
(4) That the sexually oriented business has a permit
which has been revoked.
b. It shall be unlawful and a person commits a
misdemeanor if he/she alters or otherwise changes the
contents of a sexually oriented business permit
without the written permission of the Division.
SECTION TWE~Y-SEYEN~ Additional Operational Provisions for
S.xu~ll¥ Oriented Businesses
a. Every sexually oriented business shall, regardless of
whether or not said business is permitted under this
ordinance, observe the following general
requirements:
(1) Conform to all applicable building statutes,
codes, ordinances and regulations, whether
federal, State or local;
(2) Conform to all applicable fire statutes, codes,
ordinances, and regulations, whether federal,
State or local;
(3) Conform to all applicable health statutes,
codes, ordinances, and regulations, whether
federal, State or local;
(4) Conform to all applicable zoning regulations and
land use laws, whether State or local;
(5) Maintain a continuously updated compilation of
the records required in Section Nineteen of this
Ordinance and, on the first Monday of every
month, provide the Division with an update of
those records for all persons who are, or have
been, employees at the business since the first
Monday of the previous month, and their
positions.
b. No permitt.e/operator may change the name of a
sexually oriented business unless and until he/she
satisfies each of the following requirements:
(1) Gives the Division thirty (30) days notice in
writing of the proposed name change; and
(2) Pays the Division a three dollar ($3.00) change
of name fee; and
(3) Complies with Section 865.09, Florida Statutes.
SECTIO~ TWENTY-EIGHTz Exemptions
a. It is a defense to prosecution for any violation of
this Ordinance that a person appearing in a state of
nudity did so in a modeling class operated:
(1) By a college, junior college, or university
supported entirely or partly by taxation;
(2) By a private college or university which
maintains and operates educational programs in
which credits are transferable to a college,
junior college, or university supported entirely
or partly by taxation; or:
(3) In a structure:
(a) ~ich has no sign visible from the exterior
of the structure and no other advertising
that indicates a nude person is available
for viewing; and
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(b) Where, in order to participate in a class a
student must enroll at least three days in
advance of the class; and
(c) Where no more than one nude model is on the
premises at any one time.
b. It is a defense to proaecution for a violation of
this Ordinance that an employee of a sexually
ori(~nted business, regardless of whether or not it is
pernitted under this Ordinance, exposed any specified
anatomical area during the employee's bona fide use
of a restroom, or during the employee's bona fide use
of a dressing room which is accessible only to
employees.
SECTION TWENT%~-NINEZ Criminal Penalties and Additional Legal,
Equitable and Injunctive Relief
If any person fails or refuses to obey or comply with or
violates any ¢)f the criminal provisions of this Ordinance, such
person upon conviction of such offense, shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed Five
Hundred Dollars ($500.00) or by imprisonment not to exceed
sixty (60) days in the County jail, or both, in the discretion
of the Court. Each violation or non-compliance shall be
considored a ~eparate and distinct offense. Further, each day
of continued violation or non-compliance shall be considered as
a separate offense.
Nothing herein contained shall prevent or restrict the
County from taking such other lawful action in any court of
competent jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other Lawful actions shall
include, but :shall not be limited to, an equitable action for
injunctive relief or an action at law for damages.
Further, nothing in this Section shall be construed to
prohibit tho County £rom prosucuting any violation of this
Ordinance by means of a Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
Ail remedies and penalties provided for in this Section
shall be cumulative and independently available to the County
and the County shall be authorized to pursue any and all
remedies set forth in this Section to the full extent allowed
by law.
SECTIO~ THIRTY~ Consent
By holding a permit under this ordinance, the permittee
shall be deemed to have consented to the provisions of this
Ordinance and to the exercise by the Division and all other
County, federal, State and municipal departments, agencies,
officers, agents and employees of their respective respon-
sibilities under this ordinance or other applicable laws.
SECTIO]~ THIRTY-ONE~ Immunity from ]?rosecution
Collier County, the Board of County Commissioners, the
City of Naples, Everglade~ City and their respective city
councils, th,~ Community D~velopmunt Services Division and its
municipal counterparts, the Sheriff's office, municipal police
dapart~nts, and all other departmentm and agencies, and all
other County and municipal officers, agents and employees,
charged with enforcement of State and local laws and codes
shall be immune from prosecution, civil or criminal, for
reasonable, good faith trespass upon a sexually oriented
busine~s while acting within the scope of authority conferred
by this ordinance.
G~CTIOI! THIRTY-TNO~ Not~e
Ally notice required or furnished under this Ordinance may
be accomplished by sendinq a written notification by certified
mail to the mailing address on the permit application. Said
mailing address shall be considered the correct mailing address
unless the Division is otherwise notified in writing by
certified mail.
SECTIO}~ THIRTY-THREE~ Confliot and Severabilit¥
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
-54-
restrictive shall apply. If any phrase or portion of this
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
shall not; affect the validity of the remaining portion.
SECTIO~ THIRTY-FOUR~ Effective Date
This Ordinance shall become effective upon receipt of
acknowledgment from the Secretary of State that this Ordinance
has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commillioner~ of Collier County, Florida, this 21st day of
August , 1991.
ATTEST:'~ ',.) BOARD OF COUNTY COMMISSIONERS
James C. Gi'~es, Clerk COLLIER COUNTY, FLORIDA
~. '/ '~- / ~ Pa(ricia AWE~/Gogdn~ight
Ap~ovea:'a~ 'to form and
legal sufficiency:
Assi~tant County Attorney
-55-
STATE OF FLORIDA
~.,~',;i · COUNTY OF COLLIER )
I, JAM:ES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby 6ertify that the foregoing ~s a true copy of:
Ordinance No. 91-83
which was a~opted by the Board of Cpunty Commissioners on
the 21st day of August, 1991, during Special Sesslon.
WITNESS my hand and th~ official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of August, 1091.
JAMES C. GILES :~:, '"'
Ex-officio to Board of .,~,. · , ....