The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. For the purposes of this article, adult arcade is included within the definition of adult motion picture theater.
adult bookstore means a place that sells or offers for sale, for any form of consideration, adult materials, the gross sale of which represents more than ten percent of the gross sales of the place or that comprises more than ten percent of the individual items it displays on the premises as its stock in trade in any one or more of the following categories:
(1) New publications.
(2) Used publications.
(3) New merchandise.
(4) Used merchandise.
adult dancing establishment means a commercial establishment that permits, suffers or allows employees to display or expose specified anatomical areas whether or not employees engage in the act of dancing during such display or exposure. Any establishment on whose premises an employee, who need not be the same employee, displays or exposes specified anatomical areas on more than one day in a 30-day period shall be deemed an adult dancing establishment and shall be required to obtain a license under this code.
adult entertainment establishment means an adult motion picture theater, a massage establishment, an adult bookstore, an adult motel or an adult dancing establishment. Any commercial establishment that displays within 100 feet of its premises a sign or other form of advertisement capable of leading a reasonable person to believe that the establishment offers adult entertainment shall be deemed an adult entertainment establishment under the appropriate category.
adult materials means any one or more of the following:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
Adult motel means any hotel or motel, boardinghouse, roominghouse or other lodging used predominantly for transient customers which includes the term "adult" in any name it uses or otherwise advertises and actually permits the presentation of film material which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof. For the purposes of this article, an adult motel is included within the definition of an adult motion picture theater.
adult motion picture booth means an enclosed area designed or used for the viewing by one or two persons of motion pictures, films, video cassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. For the purposes of this article, an adult motion picture booth is included within the definition of an adult motion picture theater.
adult motion picture theater means an enclosed building or a portion or part of an enclosed building or an open air theater, designed to permit viewing by patrons seated in automobiles, used to present on a regular basis, for any form of consideration, film material which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof and includes any hotel or motel, boardinghouse, roominghouse or other lodging for transient customers which advertises and actually permits the presentation of such film material. For the purposes of this article, an adult motion picture theater includes both an adult arcade, an adult motel and an adult motion picture booth.
alcoholic beverage means all beverages containing more than one percent of alcohol by weight.
commercial means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For purposes of this article, operation for pecuniary gain shall not depend on actual profit or loss.
commercial establishment means any business location, place or business conducting or allowing to be conducted on its premises any commercial activity.
Employee means a person who works or performs in a commercial establishment, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises, and shall specifically include but not be limited to independent contractors or concessionaires.
Establishment means a physical plant or location or the commercial activities or operations being conducted or both together, as the context of this article may require.
Licensed premises means not only buildings, rooms and areas where adult materials or adult activities regulated by this article are sold, offered, presented or stored or where any form of adult entertainment is presented, but also all other areas within 500 feet of the building, room or area where adult materials or adult activities are regulated and over which the licensee has some dominion and control and to which customers or patrons may pass and includes all of the floor or land areas embraced within the plan appearing on or attached to the application for the license involved and designated as such on the plan.
massage establishment means a site, premises or vehicle or portion thereof upon which any person, who is an employee, manipulates the superficial tissues of the body of another person with any portion of the hand, foot, leg, arm or elbow, but not including the following:
(1) Licensed health care facilities;
(2) Licensed physicians or nurses engaged in the practice of their professions;
(3) Educational athletic facilities, if the massage is a normal and usual practice in such facilities;
(4) Establishments licensed under F.S. ch. 480, provided that all employees of such establishments who manipulate the superficial tissues of the body of another person are licensed under F.S. ch. 480; or
(5) Establishments exempted under F.S. § 480.034.
personal advertising means any communication on the part of an employee of an adult entertainment establishment that is designed to encourage a prospective patron to enter the establishment and is performed by repeatedly speaking in a raised tone of voice, by making prominent physical gestures, such as waving or repeatedly pointing, or by holding signs or other written statements. personal advertising does not include oral or physical references to an adult entertainment establishment by patrons or spectators.
Premises means not only the rooms and areas physically occupied by a commercial establishment or where alcoholic beverages are sold, dispensed, offered, presented or consumed, but also all areas within 500 feet of the rooms and areas physically occupied by a commercial establishment or where alcoholic beverages are sold, dispensed, offered, presented or consumed over which the owner or management of the premises has some dominion and control and to which customers or patrons may pass.
Principal stockholder means any person who owns or controls, legally or beneficially, ten percent or more of a corporation's capital stock and includes the officers, directors and principal stockholders of a corporation that is a principal stockholder under this article, provided that if no stockholder of a corporation owns or controls, legally or beneficially, at least ten percent of the capital stock, all stockholders shall be considered principal stockholders. If a corporation is registered with the Securities and Exchange Commission or pursuant to F.S. ch. 517 and its stock is for sale to the general public, it shall not be considered to have any principal stockholders.
religious institution means a building which is used primarily for religious worship and related religious activities.
school means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by F.S. ch. 233 or which is maintained pursuant to standards set by the state board of education. This definition includes day care facilities, nursery schools, kindergartens, elementary schools, junior high schools, senior high schools, colleges, universities, junior colleges and any special institutions of learning under the jurisdiction of the state department of education, but it does not include vocational or professional institutions.
Specified anatomical areas means:
(1) Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. The anal cleft of the human buttocks;
c. Any portion of the human female breast below the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast, but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified criminal act means the following:
(1) A violation of this article;
(2) An offense under F.S. ch. 800 pertaining to lewdness, indecent exposure;
(3) An offense under F.S. § 806.01, 806.10, 806.111 or 806.13(2)(c) pertaining to arson and criminal mischief;
(4) An offense under F.S. ch. 796 pertaining to prostitution;
(5) An offense under F.S. § 847.013 or 847.014 pertaining to obscenity;
(6) An offense under F.S. § 877.03 pertaining to breach of the peace;
(7) An offense under F.S. § 893.13 pertaining to possession or sale of controlled substances; or
(8) An offense under F.S. § 849.09(2), 849.10 or 849.25(3) pertaining to gambling.
Specified sexual activities means:
(1) Human genitals in a state of sexual stimulation, arousal or tumescence;
(2) Acts of human analingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; and
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Straddle dance, lap dance or face dance means the use by an employee, whether clothed or not, of any part of his body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron, while on the premises, or the placing of the genital or pubic area of an employee in contact with the face of a patron, while on the premises.
Violation of this article means a violation of any section of this article as found by a jury or any other trier of fact. All violations occurring on the same day prior to an arrest or the issuance of a notice to appear shall be considered as a single violation.