Ordinance 77-62 ORDINANCE NO. 77- ~
AN ORDINANCE PROHIBITING THE EXPOSURE OF
PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISH-
MENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED
FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIB-
ITING THE USE OF ANY DEVICE OR COVERING WHICH
SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN
ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE
OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES;
PROHIBITING ANY PERSON OWNING, MAINTAINING OR
OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC
BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION
ON THE PREMISES FROM SUFFERING OR PERMITTING,
ON THE PREMISES OF SAID ESTABLISHMENT, THE
EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS OR
THE USE OF ANY DEVICE OR COVERING WHICH SIMU-
LATES PRIVATE PARTS OR F~4ALE BREASTS; LEGISLA-
TIVE AUTHORIZATION; PROVIDING FOR PENALTIES;
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of
Collier County, Florida, .finds that there is presently,
the State of Florida, an increasing trend toward nude a~
semi-nude acts, exhibitions, and entertainment, and towa~
the utilization of nude and semi-nude female employees
engaged in other service oriented aspects of and by the
commercial establishments subject hereto; and,
WHEREAS, the Board of County Commissioners of
Collier County, Florida, finds that the competitive commercial
exploitation of nudity is adverse to the public's interest
in the quality of life, tone of commerce, and ~tal '~
com~ity
environment in Collier County; and, ~"~''- ~
WHEREAS, the Board of County Commiss=-~. of
Collier County, Florida, finds that there is a~r~t :=
relationship between the concurrent consumptiom~_°o~=alcoh~ic
beverages and the nude and semi-nude activities~mentioned
above, prohibited hereunder, and more fully described
hereinafter and an increase in criminal activities, moral
degradation and disturbances of the peace and good order of
the community, and further finds that the concurrency of
these activities is hazardous to the health-and safety of
those persons in attendance, and tends to depreciate the
value of adjoining property and harm the economic welfare of
the community as a whole; and,
WHEREAS, the Board of County Commissioners of
Collier County, Florida, finds that in order to preserve the
public peace and good order, and to safeguard the health,
safety and welfare of the community and the citizens thereof,
it is necessary and advisable to regulate and restrict the
conduct of owners, operators, agents, employees, and patrons
of the commercial establishments subject hereto.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION 1. LEGISLATIVE AUTHORIZATION .
This Ordinance is adopted pursuant to Article VIII,
Section 1, under the State Constitution and Section 125.01(o)
of the Florida Statutes.
t.
SECTION 2. PROHIBITION
2.1 It shall be unlawful for amy person maintaining,
owning or operating a commercial establishment located in
Collier County, Florida, at which alcoholic beverages are
offered for sale for consumption on the premises:
A. To suffer or permit any female person,
while on the premises of said commercial establishment,
to expose to the public view that area of the human
female breast at or below the areola thereof,
B. To suffer or permit any female person,
while on the premises of said commercial establishment,
to employ any device or covering which is intended to
give the appearance of or simulate such portions of the
human female breast as described in Section 2.1(a).
C. To suffer or permit any person while on
the premises of said commercial establishment, to
expose to public view his or her genitals, pubic area,
buttocks, anus, or anal cleft or anal cleavage.
D. To suffer or permit any person, while on
the premises of said commercial establishment, to
employ any device or covering which is intended to give
the appearance of or simulate the genitals, pubic area,
buttocks, anus, anal cleft or cleavage.
2.2 It shall be unlawful for any female person,
while on the premises of a commercial establishment located
in Collier County, Florida, at which alcoholic beverages are
offered for sale for consumption on the premises, to expose
to public view that area of the human female breast at or
below the areola thereof, or to employ any device or covering
which is intended to give the appearance or simulate such
areas of the female breast as described herein. .
2.3 It shall be unlawful for any person, while on
the premises of a commercial establishment located in Collier
County, Florida, at which alcoholic beverages are offered
for sale for consumption on the premises, to expose to
public view his or her genitals, pubic area, buttocks, anus,
or anal cleft or anal cleavage, or to employ any device or
covering which is intended to give the appearance of or
simulate the genitals, pubic area, buttocks, anus or anal
cleft or anal cleavage.
SECTION 3. PENALTIES
Any person who shall violate any section of this
Ordinance shall be guilty of a misdemeanor punishable by a
fine not to exceed $500.00 or imprisonment in the County
Jail not to exceed sixty (60) days, or both.
SECTION 4. SEVERABILITY
It is declared to be the legislative intent that,
if any section, sub-section, sentence, clause or provision
of this Ordinance is held invalid, the remainder of the
Ordinance shall not be affected.
SECTION 5. EFFECTIVE DATE
This Ordinance takes effect immediately upon
receipt of the official acknowledgement from the Office of
I]07
the Secretary of State, State of Florida that this Ordinance
has been filed with said office.
DULY PASSED AND ADOPTED BY ~{E BOARD OF COUNI~f
COMMISSIONERS OF COLLIER COUN~f, FLORIDA, this 22nd day
of November , A.D., 1977.
BOARD OF COUNTY COI~IISSIONERS
COLLIER/G~UNTY, FLORIDA,
CK. R. "RuSs'' Wimer
Chairman
Approved as tg~orm and legal
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. RJPACg~N, Clerk of Courts in and for the ~'entieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing
is a true original of:
ORDINANCE NO. 77-62
which was adopted by the Board of County Commissioners during Regular Session
November 22, 1977.
WITNESS~/ hand and the official seal of the Board of County Comnissioners
of Collier County, Florida, this 2Srd day of November, 1977.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
This ordinance filed with the Secretary of State's office the 28th day of November,
1977 and acknowledgment of that filing received this 1st day of December, 1977.
l~cu~¢, ~ uJ'u~CJJ C~
Clerk
007 rA E'8 4