§ 12-157. Definitions.

In the adult entertainment code, unless the context suggests otherwise:

Adult arcade means an establishment where one or more motion picture projectors, slide projectors or similar machines are used to show customers, numbering five or less, films, motion pictures, video cassettes, slides or other photographic reproductions which emphasize the activities or specified anatomical areas. The term "adult arcade" is included within the definition of "adult motion picture theater."

Adult bookstore means an establishment which sells or rents adult material, unless the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods or services at the establishment, or the individual items of adult material offered for sale or rental comprise less than 25 percent of the individual items publicly displayed at the establishment as stock in trade. It is an affirmative defense to an alleged violation of this code regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than ten percent of the gross income from the sale or rental of goods, or services at the establishment, or the individual items of adult material offered for sale or rental comprise less than 25 percent of the individual items publicly displayed at the establishment as stock in trade.

Adult dancing establishment means an establishment that permits, suffers, or allows employees to display or expose specified anatomical areas, or allows employees to wear any covering, tape, pasties, or other device that simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas, regardless of whether the employees actually engage in dancing.

Adult entertainment establishment means an adult motion picture theater, an adult bookstore, or an adult dancing establishment operated for commercial or pecuniary gain. ("Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. Also, "operated for commercial or pecuniary gain" shall be presumed where the establishment has an occupational license.)

Adult material means any one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual matter, which have as their primary of dominant 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 sexual activities.

Adult motel means any motel, hotel, boarding house, rooming house or other place of temporary lodging which includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, 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. The term "adult motel" is included within the definition of "adult motion picture theater."

Adult motion picture booth means a small enclosure designed and 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. The term "adult motion picture booth" is included within the definition of an "adult motion picture theater."

Adult motion picture theater means an establishment which consists of an enclosed building, or a portion or part of an enclosed building, or an open-air area used for viewing by persons of films, motion pictures, 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. "Adult arcades," "adult motels," and "adult motion picture booths" are included within the definition of "adult motion picture theater."

Alcoholic beverage means a beverage containing more than one percent of alcohol by weight.

(1)

It shall be prima facie evidence that a beverage is an alcoholic beverage if there is proof that the beverage in question was or is known as whiskey, moonshine whiskey, shine, rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer, malt liquor, or by any other similar name or names, or was contained in a bottle or can labeled as any of the above names, or a name similar thereto, and the bottle or can bears the manufacturer's insignia, name, or trademark.

(2)

Any person who, by experience in the handling of alcoholic beverages, or who by taste, smell, or drinking of such alcoholic beverages has knowledge of the alcoholic nature thereof, may testify as to his opinion about whether such beverage is an alcoholic beverage.

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

Code or this code means the adult entertainment code.

Conviction means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.

Department means the zoning and inspection department, fire departments, health department, sheriff, or tax collector, including the respective director, employees, and agents thereof.

Educational institution means 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 Council of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning. However, the term "education institution" does not include a premises or site upon which there is a vocational institution, professional institution or an institution of higher education, including a community college, junior college, four year college or university.

Employee means a person who works or performs in an adult entertainment establishment, irrespective of whether said person is paid a salary or wage by the owner or manager of the premises or acts as an independent contractor.

Establishment means a site or premises, or portion thereof, upon which certain activities or operations are being conducted for commercial or pecuniary gain.

Inspector means a respective employee of the health department, zoning and inspection department, sheriff, or fire marshal who inspects premises licensed under this code and takes or requires the actions authorized by this code in case of violations being found on licensed premises, and who also inspects premises seeking to be licensed under this code and takes or requires corrections of unsatisfactory conditions found on the premises.

Licensee means any person whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment.

Operator means any person who engages in or performs any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor.

Park means a tract of land within the unincorporated area of Okaloosa County which is kept for ornament and/or recreation and which is maintained as public property.

Permittee means a person who has obtained a temporary or permanent adult entertainment permit pursuant to Division 3 of this article.

Person includes, but is not limited to, an individual, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity.

Personal advertising means any communication or solicitation on the part of an employee or employer of an adult entertainment establishment within sight of a public thoroughfare that is designed to encourage a prospective customer to enter such establishment.

Religious institution means a premises or site which is used primarily or exclusively for religious worship and related religious activities.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region; or

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast encompassed within an area falling 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 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:

(1)

A violation of this code;

(2)

Any 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); or

(8)

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

Specified sexual activities means:

(1)

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

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; 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" or "face dance," means the use by an employee, of any part of his or her body to touch the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of any employee with a person while at the establishment. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee 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 through a medium.

Violation of this code means an infringement of any provision of this code as found by a trier of fact.

(Ord. No. 88-26, § 1A-17, 7-26-88; Ord. No. 04-02, §§ 1, 2, 1-20-04)