§ 14-48. Prohibited conduct in commercial establishments where alcohol is consumed.

(a)

Purpose. It is the purpose of this section to regulate commercial establishments where alcohol is consumed in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of various forms of nudity and physical contact in such establishments between patrons and employees of the establishment. The provisions of this section have neither the purpose nor effect of imposing a restriction on the content or reasonable access to any communicative materials or performances, including sexually oriented materials or performances. Neither is it the purpose nor effect of this ordinance to condone or legitimize the distribution or presentation of obscene material or conduct.

(b)

Findings and rationale. Based on evidence of adverse secondary effects associated with certain conduct in alcoholic beverage establishments, which effects have been presented in hearings and in reports made available to the city commission, and on findings, interpretations, and narrowing constructions incorporated in numerous cases, including, but not limited to City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and

Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Prop. Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); Artistic Entm't, Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003); Artistic Entm't, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2002); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir. 2002); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); 5634 E. Hillsborough Ave., Inc. v. Hillsborough County, 2007 WL 2936211 (M.D. Fla. Oct. 4, 2007), aff'd, 2008 WL 4276370 (11th Cir. Sept. 18, 2008) (per curiam); Bd. of County Comm'rs v. Dexterhouse, 348 So.2d 916 (Fla. Dist. Ct. App. 1977); Int'l Food & Beverage Sys. v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); Entm't Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (MO. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);

and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA); Jacksonville, Florida - 2004-2005; Bikini Bar Media Articles - 2009-2011; Hillsborough County, Florida - 2006; and Strip Club-Trafficking Documents,

the city commission finds:

(1)

Nudity, partial nudity, conduct by bikini-clad persons, and/or sexual conduct coupled with alcohol in public places begets negative secondary effects, including sexual, lewd, lascivious, and salacious conduct among patrons and employees resulting in violation of laws and in dangers to the health, safety and welfare of the public;

(2)

Physical contact between employees of alcoholic beverage establishments, including "bed" dances, "couch" dances, and "lap" dances as they are commonly called, are associated with and can lead to illicit sexual activities, including masturbation, lewdness, and prostitution, as well as other negative effects, including sexual assault;

(3)

The city finds that the foregoing conduct, even when said employees are technically not nude or semi-nude as defined in other portions of Lauderhill regulations, is substantially similar to and presents similar concerns as conduct by nude and semi-nude performers in sexually oriented businesses;

(4)

Each of the negative effects targeted by this section constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing such negative effects, which is the city's rationale for this section, exists independent of any comparative analysis between the regulated establishments and other, non-regulated establishments. The city finds that the cases and secondary effects documentation relied on in this section are reasonably believed to be relevant to the city's interest in preventing illicit sexual behavior.

The city hereby adopts and incorporates herein its stated findings and legislative record related to adverse secondary effects, including the judicial opinions and reports related to such secondary effects.

(c)

On-premises conduct. No operator of a commercial establishment where alcohol is consumed shall knowingly violate the following regulations or knowingly or recklessly allow an employee or any other person to violate the following regulations:

(1)

No person shall engage in masturbation, sexual intercourse, fellatio, cunnilingus, sodomy, bestiality, or flagellation on the premises of the commercial establishment.

(2)

No employee shall knowingly touch, caress, or fondle the breast, buttocks, lap, pubic region, or genitals of a patron, whether directly or through clothing or other covering, on the premises of the commercial establishment.

(3)

No patron shall knowingly touch, caress, or fondle the breast, buttocks, lap, pubic region, or genitals of an employee, whether directly or through clothing or other covering, on the premises of the commercial establishment.

(4)

No employee shall expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anus, vulva, or the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point (except that the exposure of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel is not prohibited) to a patron on the premises of the commercial establishment. This subsection (4) does not apply to conduct in theaters, concert halls, art centers, museums, or similar establishments that are primarily devoted to the arts or theatrical performances. The exception in the previous sentence shall not be construed to apply to any sexually oriented business as defined in the Lauderhill Code of Ordinances.

(d)

Definitions.

(1)

"Employee" means any person who regularly performs any service on the premises of the commercial establishment on a full-time, part-time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, 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.

(2)

"Operator" means an individual or legal entity that manages the commercial establishment where alcohol is consumed, and any person on the premises of the commercial establishment 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.

(e)

Any person who shall violate any section hereof shall be subject to a fine not to exceed five hundred dollars ($500.00), or imprisonment not to exceed sixty (60) days, or both, for each violation hereof. Each and every act, action, or thing done in violation of this section shall be construed, deemed, and taken as a separate and distinct violation.

(f)

After the third conviction under this section of an establishment's operator, the city shall suspend the certificate of use of the establishment for a period of thirty (30) days.

(g)

After the fourth conviction under this section of an establishment's operator, the city shall suspend the certificate of use of the establishment for a period of one (1) year.

(h)

After the fifth conviction under this section of an establishment's operator, the city shall permanently revoke the certificate of use of the establishment.

(i)

Severability. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this section, or the application thereof to any person or circumstance is held to be invalid, then the remaining provisions and the application of such provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that the provisions would have been passed independently of such provision so known to be invalid.

(Ord. No. 16O-02-103, § 1, 2-29-2016)

Editor's note

Ord. No. 16O-02-103, § 1, adopted Feb. 29, 2016, amended § 14-48 in its entirety to read as herein set out. Former § 14-48 pertained to nudity, sexual conduct prohibited, and derived from Ord. No. 91-121, § 1, adopted May 13, 1991.

Cross reference

Alcoholic beverages, Ch. 3; licenses and business regulations, Ch. 12.