§ 26-32. Definitions.

Administrator means the Sarasota County Administrator or his/her designee.

Adult Bookstore 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 one 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 purpose" means that the commercial establishment:

(1)

Has a substantial portion of its displayed merchandise which consists of said items; or

(2)

Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items; or

(3)

Has a substantial portion of the retail value of its displayed merchandise which consists of said items; or

(4)

Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of said items; or

(5)

Maintains a substantial section of its interior business space for the sale or rental of said items; or

(6)

Maintains an "adult arcade," which means 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 regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

Adult Cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude. A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly features persons who appear nude shall also be considered an adult cabaret and shall be subject to the regulations of this article including the prohibition set forth in Section 26-48(a).

Adult Motel means a motel, hotel, or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display of "specified sexual activities" or "specified anatomical areas;" and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult Motion Picture Theater means a commercial establishment where films, motion pictures, videocassettes, slides, photographic reproductions, or electronic reproductions, which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas," are regularly shown to more than five persons for any form of consideration.

Board of County Commissioners means the Board of County Commissioners of Sarasota County, Florida.

Characterized by means to describe the essential character or quality of an item. As applied in this chapter, 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.

County means Sarasota County, Florida.

Employ, Employee, and Employment describe and pertain to any person who performs any service 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, 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 shall mean and include any of the following:

(1)

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

(2)

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

(3)

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

Hearing Officer shall mean an attorney that is not an employee of the County.

Influential interest means any of the following:

(1)

The actual power to control the operation, management, policies, or premises of a business or entity, including the power exercised by an operator as defined herein; or

(2)

Holding an office (e.g., president, vice president, secretary, treasurer, etc.) or directorship in a legal entity which operates a sexually oriented business.

Licensee shall mean 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.

Nude, Nudity or State of Nudity 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.

Operate or Cause to Operate shall mean to cause to function or to put or keep in a state of doing business.

Operator means any person on the premises of a sexually oriented business who puts or keeps the business in operation or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be an operator of a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.

Person shall mean individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business structure, the grounds, private walkways, parking lots, and/or parking garages adjacent thereto, which are under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to section 26-34 of this chapter.

Regularly means the consistent and repeated doing of the act so described.

Semi-Nude or State of Semi-Nudity means a condition in which a person is not nude, but is showing a majority 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 is showing the majority of the male or female buttocks.

Semi-Nude Model Studio means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to college, junior college, or university supported entirely or partly by taxation;

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three days in advance of the class.

Sexual Device means any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, 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.

Sexual Device Shop means a commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.

Sexual Encounter Center shall mean a business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration, physical contact in the form of touching, wrestling or tumbling between persons when one or more of the persons is semi-nude. A business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration, physical contact between persons when one or more of the persons is nude shall also be considered a sexual encounter center and shall be subject to the regulations of this article including the prohibition set forth in Section 26-48(a).

Sexually Oriented Business means an "adult bookstore," an "adult video store," an "adult cabaret," an "adult motel," an "adult motion picture theater," a "semi-nude model studio," a "sexual device shop," or a "sexual encounter center."

Specified Anatomical Areas means and includes:

(1)

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

(2)

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

Specified Criminal Activity means:

(1)

Any of the following specified crimes for which less than five years 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 through 796.07 (Prostitution offenses);

c.

F.S. § 800.04 (Lewd or lascivious offenses committed upon or in the presence of persons less than 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 of the foregoing statutory offenses as amended from time to time; or

(2)

Attempt, solicitation, or conspiracy to commit one of the foregoing statutory offenses; or

(3)

Any offenses in other jurisdictions 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 chapter.

Specified Sexual Activity means any of the following:

(1)

Sexual intercourse, oral copulation, masturbation, or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in (1) above.

Substantial means at least 35 percent of the item(s) so modified.

Transfer of Ownership or Control of a Sexually Oriented Business shall mean any of the following:

(1)

The sale, lease, rental, or sublease of the business;

(2)

The establishment of a trust, gift, or other similar legal device which transfers the ownership of 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 shall mean the room, booth, or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other visual reproduction.

(Ord. No. 2007-100, § 3, 6-10-2008; Ord. No. 2010-054, §§ 1, 2, 9-15-2010)