§ 12-192. Definitions.

For purposes of this article, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

Adult arcade means a commercial establishment to which the public is permitted or invited that maintains booths or rooms smaller than one hundred (100) square feet, wherein image-producing devices are regularly maintained, where a fee is charged to access the booths or rooms, and where minors are excluded from the booths or rooms by reason of age.

Adult bookstore means a commercial establishment which, as one (1) of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one (1) or more of the following criteria:

(a)

At least thirty-five (35) percent of the establishment's displayed merchandise consists of said items, or

(b)

At least thirty-five (35) percent of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items, or

(c)

The establishment maintains at least thirty-five (35) percent of its floor space for the display, sale, and/or rental of said items; or

(d)

The establishment maintains at least seven hundred fifty (750) square feet of its floor space for the display, sale, and/or rental of said items.

Adult motion picture theater means a commercial establishment to which the public is permitted or invited that maintains viewing rooms that are one hundred (100) square feet or larger wherein films or videos characterized by their emphasis upon "specified sexual activities" or "specified anatomical areas" are regularly shown.

Characterized by means describing the essential character or quality of an item. As applied in this article, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

City means the City of Lauderhill, Florida.

Employ, employee, and employment describe and pertain to any person who works on the premises of a sexually oriented business, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Establish or establishment means and includes any of the following:

(a)

The opening or commencement of any sexually oriented business as a new business;

(b)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

(c)

The addition of any sexually oriented business to any other existing sexually oriented business.

Floor space means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

Hearing officer means an attorney, not an employee of the city, who is licensed to practice law in Florida, and retained to serve as an independent tribunal to conduct hearings under this article.

Influential interest means the actual power to control or influence the operation, management, or policies of the sexually oriented business or legal entity which operates the sexually oriented business. An individual is deemed to have an "influential interest" if he or she (1) is the on-site general manager of the sexually oriented business, (2) owns a financial interest of thirty (30) percent or more of a business or of any class of voting securities of a business, or (3) holds an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the sexually oriented business.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In the case of an "employee," it shall mean the person in whose name the sexually oriented business employee license has been issued.

Nudity or nude conduct means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Operator means any person on the premises of a sexually oriented business who manages, supervises, or controls the business or a portion thereof. A person may be found to be an operator regardless of whether such person is an owner, part owner, or licensee of the business.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the building or tenant space in which a sexually oriented business is located, together with the building's parking lot and grounds.

Regional shopping mall (enclosed) means a group of retail and other commercial establishments that is planned, developed, and managed as a single property, with on-site parking provided around the perimeter of the shopping center, and that is generally at least forty (40) acres in size and flanked by two (2) or more large "anchor" stores, such as department stores. The common walkway or "mall" is enclosed, climate-controlled and lighted, usually with an inward orientation of the stores facing the walkway.

Regularly means the consistent and repeated doing of an act on an ongoing basis.

Semi-nude or semi-nudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

Semi-nude lounge means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly offers live semi-nude conduct. No establishment shall avoid classification as a semi-nude lounge by offering nude conduct.

Sexual device means any three (3) dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Sex paraphernalia store means a commercial establishment where more than one hundred (100) sexual devices are regularly made available for sale or rental. This definition shall not be construed to include any establishment located within an enclosed regional shopping mall or any pharmacy or establishment primarily dedicated to providing medical products.

Sexually oriented business means an "adult arcade," an "adult bookstore," an "adult motion picture theater," a "semi-nude lounge," or a "sex paraphernalia store."

Specified anatomical areas means and includes:

(a)

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

(b)

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

Specified criminal activity means any of the following specified crimes for which less than five (5) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

(a)

F.S. § 794.011 (Sexual battery);

(b)

F.S. §§ 796.03—796.07 (Prostitution offenses);

(c)

F.S. § 800.04 (Lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age);

(d)

F.S. ch. 847 (Obscenity offenses);

(e)

F.S. § 893.13 (Controlled substance offenses);

(f)

F.S. ch. 895 (Offenses concerning racketeering and illegal debts);

(g)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or

(h)

Any offense in another jurisdiction that, had the predicate act(s) been committed in Florida, would have constituted any of the foregoing offenses.

Notwithstanding anything in this definition of "specified criminal activity," a conviction that is later reversed, vacated, overturned, or expunged by a court of law shall not be considered a "specified criminal activity" under this article.

Specified sexual activity means any of the following:

(a)

Intercourse, oral copulation, masturbation or sodomy; or

(b)

Excretory functions as a part of or in connection with any of the activities described in (a) above.

Transfer of ownership or control of a sexually oriented business means any of the following:

(a)

The sale, lease, or sublease of the business;

(b)

The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or

(c)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Viewing room means the room or booth where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video on an image-producing device.

(Ord. No. 16O-02-102, § 1, 2-29-2016)