§ 151.103. Definitions.

(a)

Dancing entertainment establishment means any establishment where during its hours of operation any worker wearing sexually provocative attire dances erotically and accepts any consideration, tip, remuneration or compensation from or on behalf of a customer. A dancing entertainment establishment shall not include any nightclub or restaurant where dancing entertainment establishment activities do not occur, theater, concert hall, art center, museum, or similar establishment that is primarily devoted to the arts or theatrical performances as defined in Section 150.103 (Definitions), Ordinance Code. A dancing entertainment establishment does not include any establishment defined or regulated in Chapter 150 (Adult Entertainment and Services Code), Ordinance Code.

(b)

Erotically means an exhibition, presentation or representation conducted in a sexually simulated manner arousing sexual desire and/or excitement.

(c)

Sexually provocative attire means clothing that exposes to public view any portion of the breasts below the top of the areola and/or any portion of the buttocks or genitals.

(d)

Straddle means the following act: the straddling of the legs of one person over any part of the body of any other person, regardless of whether there is a touch or touching.

(e)

Touch means to touch with a portion of the human body or with any object.

(f)

Employee means a person who works on a licensed premises, irrespective of whether the person is paid a salary or wage by the owner or manager of the regulated premises.

(g)

Inspector means the Sheriff, or an employee of the Public Health Unit authorized and designated by the Public Health Officer, or of the Building Inspection Division, authorized and designated by the Chief of the Division or of the Fire Prevention Division, authorized by the Chief, Fire Prevention, or of the Planning and Development Department, authorized and designated by the Director of Planning and Development to inspect premises regulated under this Chapter and to take or require the actions authorized by this Chapter in case of violations being found on regulated premises, and also to inspect premises seeking to be licensed under this Chapter and to require corrections of unsatisfactory conditions found on the premises.

(h)

Premises means all rooms and areas within the same building or within buildings on the same or adjacent land which are so closely connected therewith to admit free passage and which are under (1) the same ownership, or (2) the same dominion and control. The same dominion and control shall be rebuttably presumed where the areas are leased to the same or a related person. Free passage shall be rebuttably presumed where same ownership or same dominion and control exist.

(i)

Sheriff means the Office of the Sheriff.

(j)

Specified criminal act means a violation of this Chapter or Chapter 150; an offense under F.S. Ch. 800; an offense under F.S. Ch. 796; an offense under F.S. Ch. 847; an offense under F.S. § 893.13; and includes a violation of any similar ordinance, law or regulation whether in Florida or in any other state.

(k)

Violation means any judicial action inconsistent with a determination of innocence, including by not limited to, a plea of guilty, a plea of no contest, withhold of adjudication or guilt or paying court costs.

(l)

Performer means any person who dances and accepts any consideration, tip, remuneration or compensation from or on behalf of a customer at any commercial establishment that has or requires a dancing entertainment establishment license.

(m)

Dance performance permit means an identification card, issued by a commercial establishment that has or requires a dancing entertainment establishment license, to each performer, which shall contain at a minimum the name and photograph of the performer.

(Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2006-1127-E, § 6; Ord. 2007-1047-E, § 3; Ord. 2014-164-E, § 1)