§ 24-5. Definitions.

The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning.

Adult arcade shall mean any place 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 one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult book store, adult novelty store, or adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any "adult material".

(1)

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of "adult material" and still be considered as an adult book store, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being so categorized as long as one of the principal business purposes remains the offering for sale or rental for consideration the specified materials which consists of "adult material";

(2)

The term "principal business purposes" shall include any such commercial establishment which:

a.

Derives 25 percent of its gross revenues from the sale, rental, or distribution of;

b.

Has 25 percent of his stock in trade, as measured by wholesale value, in; or

c.

Devotes 25 percent or more of its interior business area to; the inventory and/or materials described in the definition of adult material herein.

Adult booth shall mean a small enclosed or partitioned area inside an adult entertainment establishment which is:

(1)

Designed or used for the viewing of adult material or performances, by one or more persons; and

(2)

Is accessible to any person, regardless of whether a fee is charged for access.

The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult cabaret shall mean a night club, bar, or bottle club as defined in Chapter 561, Florida Statutes (Beverage Law), 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;

(2)

Live performances, appearances or exhibitions which are characterized by the exposure 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."

Adult encounter center shall mean an adult entertainment establishment 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 same or opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi-nudity.

Adult entertainment establishment shall mean any business specifically defined herein or any business, operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this Code, whose principal purpose involves "specified sexual activity" and/or "adult material," as defined herein. Specifically exempted from this Code are "legitimate art" theaters, galleries, and museums.

Adult material shall mean any one or more of the following regardless of whether it is new or used, including but not limited to:

(1)

Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, visual representations, tape recordings, or other audio or visual matter, which have as their primary or dominate theme, matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona-fide birth control devices.

Adult motel shall mean any motel, hotel, boarding house, rooming house or other place of temporary lodging which:

(1)

Includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, video tapes, slides, or other photographic reproductions, which have as their primary or dominate theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas." The term "adult motel" is included within the definition of "adult theater;" or

(2)

Offers a sleeping room in exchange for any consideration for a period of time that is less than 12 hours; or

(3)

Allows a tenant or occupant of a sleeping room to sublet for a period of time that is less than 12 hours.

Adult performance establishment shall mean an establishment where any worker:

(1)

Engages in a private performance, acts as a private model, or displays or exposes any specified anatomical areas to a customer, regardless of whether the worker engages in dancing or any particular demonstrative activity;

(2)

Displays to a customer any covering, tape, pasty, or other device which simulates or otherwise gives the appearance of the display or exposure of any "specified anatomical areas," regardless of whether the worker actually engages in performing or dancing;

(3)

Offers, solicits, or contracts to dance or perform for or with a customer and accepts any consideration, tip, or compensation from or on behalf of that customer; or

(4)

Dances or performs for, within three feet of a customer, and accepts any consideration, tip, or compensation from or on behalf of that customer.

Adult theater shall mean any establishment where adult materials may be viewed or any establishment which has an auditorium, room, or an open air area which features films, motion pictures, video cassettes, slides, or other photograph reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas."

Alcoholic beverage shall mean any beverage containing more than one of alcohol by weight, as determined in accordance with F.S. § 561.01(4)(b).

Child care center shall mean any establishment that provides, on a regular basis, supervision and care for more than three children unrelated to the operator for a period of less than 24 hours a day and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for a profit, except that the following are not included: Public schools and non-public schools which are in compliance with the compulsory school attendance law (Chapter 232, Florida Statutes); summer camps having children in full-time residence; summer day camps; Bible schools normally conducted during vacation periods; and any child care center which is owned and operated by and located on the grounds of, or adjacent to, a religious institution. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries.

Commercial physical contact shall mean:

(1)

To manipulate, wash, scrub, stroke, or touch for commercial pecuniary gain another person's body tissue directly or indirectly or through a media using any object, instrument, substance or device.

(2)

Exception: It is an affirmative defense to an alleged violation of this Code regarding engaging in commercial physical contact or operating a commercial physical contact parlor if the alleged violator, business, or establishment can establish membership in one of the following classes of persons or businesses in the activity alleged to be commercial physical contact as part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this Code:

a.

Persons permitted as a massage therapist or apprentice massage therapist pursuant to Florida Statutes, Chapter 480;

b.

Persons permitted under the laws of Florida to practice medicine, surgery, dentistry, podiatry, or persons permitted as a physician's assistant or holding a drugless practitioner's certificate;

c.

Registered nurses under the laws of Florida;

d.

Barbers or beauticians permitted under the laws of Florida;

e.

Cosmetologists permitted under the laws of Florida;

f.

Tatoo artists permitted under Chapter 877.04, Florida Statutes;

g.

Persons performing services in any hospital, nursing home or sanitarium permitted under the laws of Florida;

h.

Instructors, coaches, or athletic trainers employed by or on behalf of any bona fide professional, Olympic, or sanctioned amateur athletic team, governmental entity or any bona fide state, county, or private educational institution;

i.

Physical therapists permitted under the laws of Florida.

Commercial physical contact parlor shall mean a business, establishment or place operated for commercial or pecuniary gain, or where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised or promoted as a place where commercial physical contact occurs such as a "body scrub salon," or "relaxation salon."

County means Okeechobee County.

Department means, the Code Compliance Division of the Department of Planning and Development. Where not capitalized or in quotes, the term may mean as appropriate, Okeechobee County Building Department, Planning Division, Okeechobee County Sheriff's Department, County Administrator, and Clerk of the Circuit Court of Okeechobee County, including their respective administrators, designee(s), employees, officers, or agents.

Educational institution shall mean a premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Commission of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, day care center, kindergarten, elementary school, junior high school, senior high school, or other special institutions of learning. Such special institutions shall include, but are not limited to, art, dance, music, gymnastics, martial arts, theater, or skating. However, the term "educational institution" does not include a premises or site upon which there is a vocational institution of higher education, including a community college, junior college, four year college, or university.

Employee or worker shall mean a person who works, performs, or provides services in and/or for an adult entertainment establishment, regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the establishment. A person may be considered an employee or worker under this definition even if the person is an independent contractor, provided that the person has a substantial or consistent relationship with the business of, or entertainment/services provided by, the adult entertainment establishment.

Escort shall mean any person who, for commercial or pecuniary gain, compensation or gratuities agrees to, offers to go, or goes to any place, including a business, hotel, motel, residence, or conveyance to do any of the following acts:

(1)

Act as a companion or date for, or converse with, a customer;

(2)

Engage in physical contact with another person;

(3)

Provide private adult entertainment;

(4)

Engage in private modeling or private lingerie modeling;

(5)

Display specified anatomical areas; or

(6)

Engage in any specified sexual activity. (Nothing in this chapter shall be construed to legalize prostitution or other conduct prohibited by this Code or other law.)

Escort business, service, or agency shall mean any such person, business establishment, or place operated for commercial or pecuniary gain which does any of the following:

(1)

Offers or advertises that it can furnish escorts, private dancers, or private models;

(2)

Offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer.

(3)

Exception: It is an affirmative defense that a business is not an escort service if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches for two persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation for the meeting.

Government facility shall mean any municipal facility which is frequented, as a matter of regular business, by the public. It shall not include municipal facilities whose function is solely mechanical.

Half-way house means any group home facility, whether public or private, which serves as a temporary residential living accommodation for persons who would otherwise be institutionalized.

Inspector shall mean an employee or officer of the Okeechobee County Department of Planning and Development Code Compliance and Planning Divisions, sheriff's department, health department, finance department, or fire department who inspects premises licensed under this Code and takes or requires the actions authorized by this Code in case of violations being found on permitted premises, and who also inspects premises seeking to be permitted under this Code and takes or requires corrections of unsatisfactory conditions found on the premises.

Nudity or state of nudity shall mean to display or expose at an adult entertainment establishment less than completely and opaquely covered:

(1)

Human genitals or pubic regions;

(2)

The cleavage of the human buttocks; or

(3)

The areola or the nipple of a human female breast.

Operated for commercial or pecuniary gain shall mean any attempt to generate income and shall not depend upon actual profit or loss. An establishment which has a permit issued under this chapter shall be presumed to be "operated for commercial or pecuniary gain."

Operator shall mean any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establishment, including but not limited to the lessee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist, or attendant.

Park shall mean a tract of land within the county which is kept for ornament and/or recreation, whether or not maintained.

Partial nudity shall mean the showing of the human male or female buttocks or any portion thereof with less than a full opaque covering; the showing of the female breasts with less than a full opaque covering of any portion thereof; or the depiction of covered male genitals in a turgid state.

Permittee shall mean any person whose application for an adult entertainment establishment permit under this chapter has been granted and who owns, operates, or controls the establishment.

Permitted premises shall mean any premises that requires a permit and that is classified as an adult entertainment establishment under this Code.

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

Private model shall mean any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modeling, or display of "specified anatomical areas" to the view of a customer.

Private performance shall mean modeling, posing, or the display or exposure of any "specified anatomical area" by a worker of an adult entertainment establishment to a customer, while the customer is in an area not accessible during such display to all other persons in the establishment, or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area.

Prohibited signs shall mean any sign that provides any visual representation or words that has as its primary or dominant theme matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas," as well as any other signs that are prohibited by Article XI (Sign Code) of Okeechobee County, Florida.

Public recreation area shall mean public land which has been designated for recreational activities, including, but not limited to, community centers, nature trails, boating, picnicking, lake shore, Hoover dike area, parks, playgrounds, ball fields, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land.

Religious institution shall mean a premises or site, including educational buildings, used primarily or exclusively by a tax-exempt, non-profit, recognized and legally established sect for the purpose of worship and related religious activities.

Specified anatomical areas shall mean:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic regions;

b.

Any part of the human buttocks; or

c.

That portion of the human female breast encompassed within an area below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other conventional wearing apparel, provided the areola is not so exposed;

(2)

Human male genitals in an erect or turgid state, even if completely and opaquely covered;

(3)

Any simulation of the foregoing.

Specified criminal act shall mean:

(1)

A criminal violation of this Code;

(2)

A felony;

(3)

An offense under Chapter 794, Florida Statutes (Sexual Battery);

(4)

An offense under Chapter 796, Florida Statutes (Prostitution);

(5)

An offense under Chapter 800, Florida Statutes (Lewdness; Indecent Exposure);

(6)

An offense under Chapter 826, Florida Statutes (Bigamy; Incest);

(7)

An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity);

(8)

An offense under Chapter 831, Florida Statutes (Forgery; Counterfeiting);

(9)

An offense under Chapter 837, Florida Statutes (Perjury);

(10)

An offense under Chapter 843, Florida Statutes (Obstructing Justice);

(11)

An offense under Chapter 849, Florida Statutes (Gambling);

(12)

An offense under Chapter 893, Florida Statutes (Drug Abuse Prevention and Control);

(13)

An offense under Chapter 895, Florida Statutes (Racketeering; Illegal Debts);

(14)

An offense under Chapter 896, Florida Statutes (Offenses Related to Financial Transactions);

(15)

An offense under Florida Statute Chapters 775.0823 and 784 (Offenses Against Law Enforcement);

(16)

An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or County.

Specified sexual activity shall mean:

(1)

Human genitals in a state of sexual stimulation, arousal, erection; or

(2)

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast(s); or

(3)

Acts, actual or simulated, including but not limited to:

Anilingus —Oral stimulation of the anus.

Bestiality —Sexual relations between a person and an animal.

Buggery —Deviant sexual practice; to sodomize anal/oral copulation with same or opposite sex.

Coprophilia —Obsessive interest in feces.

Cunnilingus —Oral stimulation of female genitals.

Fellatio —Oral stimulation of the penis.

Flagellation —Erotic stimulation from beating or whipping.

Hyphephilia —Sexual gratification by contact with fabric.

Masturbation —Manual stimulation of one's or another's genitals for sexual gratification.

Masochism —Sexual gratification dependent upon suffering and pain.

Necrophelia —Erotic attraction to corpses/death.

Paraphilia —Sexual behavior involving non-human objects, suffering or humiliation of one's self, partner, children, or other non-consenting person (i.e. frotteurism, transvestite fetishism).

Pederasty —Sexual relations between two males, especially when one is a minor.

Pedophilia —Behavior involving any sexual activity with a prepubescent child or children.

Sadism —Sexual gratification by causing pain or degradation.

Sexual intercourse —Penetration of the vagina by the penis.

Sadomasochism —Sadism and masochism combined (interaction between).

Sodomy —Same as buggery, bestiality.

Urolagnia —Sexual excitement associated with urine; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3).

Straddle dance also known as a "lap dance," "face dance," or "friction dance" shall mean either of the following acts at an adult entertainment establishment:

(1)

The use by a worker of any part of his or her body to touch the genital or pubic area of another person, or the touching of the genital or pubic area of any worker to another person. It shall be a straddle dance regardless of whether the "touch" or "touching" occurs while the worker is displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching is direct or indirect; or

(2)

The straddling of the legs of any worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching.

Transfer of ownership or control of an adult entertainment business means and includes any of the following:

(1)

The sale, lease, or sublease of a business;

(2)

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

(3)

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.

(Ord. No. 2000-03, § 1, 5-25-00)