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Legislation
Ordinance
City Hail
3500 Pan American
Miami, FL 33133
wriyvv.mamigay.com
File Number: 08-01025zt Final Action Date:
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
RE-ENACT1NG AND AMENDING ZONING ORDINANCE 11000: (1) ARTICLE 4,
ENTITLED "ZONING DISTRICTS", MORE SPECIFICALLY, SECTION 401,
ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", TO RECLASSIFY
"ADULT ENTERTAINMENT" AS A "PERMITTED PRINCIPAL USE (2) ARTICLE 9,
ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", MORE
SPECIFICALLY, SECTION 937, ENTITLED ''ADULT ENTERTAINMENT OR ADULT
SERVICES", TO PROVIDE FOR ADDITIONAL LEGISLATIVE INTENT, AND TO
SPECIFY THE PREENACTMENT EVIDENCE ON WHICH THE CITY
COMMISSION RELIED TO CONCLUDE THAT THE RESTRICTIONS ON ADULT
ENTERTAINMENT WITHIN THIS ORDINANCE FURTHER THE CITY'S INTEREST
IN REDUCING THE SECONDARY EFFECTS; AND (3) ARTICLE 25, ENTITLED
"DEFINITIONS", MORE SPECIFICALLY SECTION 2502, ENTITLED "SPECIFIC
DEFINITIONS, IN ORDER TO AMEND THE DEFINITION OF "ADULT
ENTERTAINMENT OR SERVICE ESTABLISHMENT"; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 17, 2008,
Item No. following an advertised hearing, adopted Resolution No. PAB 08 by a vote
of --- to recommending of reenacting and amending Zoning Ordinance No. 11000
as hereinafter set forth; and
WHEREAS, based on evidence and testimony presented at the public hearing before
the City Commission, there are adverse secondary effects associated with the establishment
and operation of adult entertainment or adult service establishments within our community
and other communities; and
WHEREAS, among these adverse secondary effects are a deterioration in the local
quality of life; adverse negative effect upon local property values; a harmful effect upon local
economic viability; an imposition, whether intentional or unintentional, of exposure to
adult -oriented expression undesirable to neighbors, children and pedestrians; an increase in
traffic, noise, litter and nuisance; criminal and illicit sexual behavior; a threat to the health and
safety of children and young adults; and an undermining of the established sense of
community; and
WHEREAS, these adverse secondary effects of adult entertainment and adult service
establishments are a threat to the general health, safety and welfare of the community; and
WHEREAS, the unregulated establishment and operation of adult -oriented businesses
would lead to the widespread imposition of adverse secondary effects upon the residents,
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umber. 08-01025zt
businesses, economic viability, property""values;...and...quality-of
therefore, be detrimental to the general health, safety and econornic viability of the
community; and
WHEREAS, it is the express intent of this City Commission to ameliorate, mitigate,
reduce and prevent the widespread and unregulated imposition of the adverse secondary
effects of adult entertainment and aduit service establishments upon the residents,
businesses, properties, quality of life and general heaith, safety and welfare of the community;
and
WHEREAS, it is the intention of the City Commission to provide a definitive statement
regarding the regulation of adult entertainment in the City of Miami, based on the City's own
evidence, including incident reports of criminal activity, and arrests at several local adult
entertainment establishments within the City; and
WHEREAS, the restrictions on adult entertainment are not intended as a de facto
prohibition of legally protected speech or forms of expression, but represent a balancing of
competing interests: reducing criminal activity and protection of neighborhoods and
development, by the regulation of adult entertainment and adult service establishments, while
recognizing the rights of adult entertainment establishments and patrons. This ordinance is
not intended to allow any business establishment or business activity that would otherwise be
unlawful.
WHEREAS, the City Commission reasonably believes that the City's very own
preenactment evidence and statistical data, attached and incorporated, as COMPOSITE
EXHIBIT A, and made a part of this record, and relied upon by this Commission, supports the
conclusion that the zoning restrictions in this ordinance further the City's interest in reducing
secondary effects; and
WHEREAS, the City Commission reasonably believes that the preenactment evidence
in the form of statistical data and studies of Hillsborough County, Florida; Oklahoma City,
Oklahoma; City of Amarillo, Texas; City of Daytona Beach, Florida; City of North Miami
Beach, Florida; and City of Newport News, Virginia; along with the American Planning
Association Impact Study; National Law Center for Children and Families Study and the
Attorney General's Commission on Pornography, attached and incorporated, as COMPOSITE
EXHIBIT B, and made a part of this record, and relied upon by this Commission, supports the
conclusion that the zoning restrictions in this ordinance further the City's interest in reducing
secondary effects; and
WHEREAS, the City Commission reasonably believes that the preenactment evidence
in judicial opinions, including but not limited to the following examples, i.e., City of Renton v.
Playtime Theatres, Inc., 475 U.S. 41 (1986); Bas Enterprize, Inc. v. The City of Maumee, 282
F.Supp.2d 673 (N.D. Ohio 2003); Function Junction, Inc. v. City of Daytona Beach, 705
F.Supp. 544 (M.D. Fla, 1987); Little Mack Entertainment 11, Inc. v. Township of Marengo, 2008
WL 2783252 (W.D. Mich. 2008); Illinois One News, Inc, v. City of Marshall, Illinois, 2006 WL
City of Miami
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Fie (V jmber. Q& G1O25zt
449018 (S,D. i3I. 2006) D G: Restaurant Corporation v. City. of Myrtle._ Beach, .95.3..F,2.d_140
(4th Cir. 1991); Bronco's Entertainment, Ltd. v, Charter Township of Van Buren, 421 F.3d 440
(6th Cir. 2005); Toilis Inc, v. County of San Diego, 505 F.3d 935 (9th Cir, 2007); Lakeland
Lounge of Jackson, Inc, v. City of Jackson, Mississippi, 973 Feld 1255 (5th Cir. 1992); 1, J.
Gifts D-2. L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Erie Boulevard Triangle
Corp, v. City of Schenectady, 250 F. Supp. 2d 22 (ND, N.Y. 2003); 5634 East Hillsborough
Ave, Inc. v. Hillsborough County, Ha, 2007 WL 2936211 (M.D.FIa. 2007); and Daytona
Grand, Inc. v. City of Daytona Beach, Fla., 490 F.3d 860 (11th Cir. 2007); attached and
incorporated, as COMPOSITE EXHIBIT G, and made a part of this record and relied upon by
this Commission, supports the conclusion that the restrictions in this ordinance further the
City°s interest in reducing secondary effects; and
WHEREAS, it is the finding of this Commission that under certain circumstances,
offering nude entertainment, adult entertainment, or erotic entertainment, causes criminal
behavior and tends to create undesirable community conditions; and
WHEREAS, some behaviors identified with adult entertainment and service
establishments are criminal in nature and include disorderly conduct, prostitution, and drug
trafficking and use; and
WHEREAS, among the undesirable community conditions identified with
establishments promoting nudity, exploited sexual behavior, and alcohol or drug use are
lowered property values in the surrounding neighborhoods, increased expenditure for, and
allocation of, law enforcement personnel to preserve law and order, increased burden on the
judicial system as a consequence of the criminal behavior, and acceleration of community
blight by the concentration of such establishments in particular areas or their proximity to
residential and commercial areas; and
WHEREAS, the limiting, by location and distance, of adult entertainment or service
establishments is in the public welfare and is a matter of governmental interest and concern to
prevent the occurrence of criminal behavior and undesirable community conditions normally
associated with these establishments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Article 4, Section 401, Article 9, Section 937, and Article 25, Section 2502 of
the Zoning Ordinance 11000 City of Miami, Florida, as amended, is reenacted and amended
in the following particulars:{1}
"ARTICLE 4. ZONING DISTRICTS
City of Miami
Paige 3 of 7
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Number 08-01025zt
Sec, 401. Schedule of district regulations,
Industrial.
Permitted Principal Uses:
As for C-2 and in addition:
28. Manufacture of concrete and cement products, brick, the or terra cotta.
29. Adult entertainment, subject to the limitations and requirements in Section 937.
* * *
Conditional Principal Uses:
Conditional principal uses shall be by Special Permit only and subject to the applicable
criteria in Section 1305, and any other applicable criteria specified in this ordinance.
*
As for C-2 excluding non -transient residential facilities and in addition:
1. Facilities for VTOL or STOL craft, hovercraft, or sea planes only by Class 11 Special
Permit.
2. Recycling plants only by Class II Special Permit.
3. Container yards only by Special Exception and subject to the criteria, requirements and
limitations set forth in Section 942 of this zoning ordinance.
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 937. Adult entertainment or adult services establishments.
937.1. Legislative intent.
It is intended to regulate adult entertainment or adult service establishments, as herein
defined, to minimize deleterious effects on the neighborhood. Such deleterious effects may
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include, but not be limited to. depreciation of va ses of nearby and adjacent properties,
deterioration in appearance of the areas in which they are located, production of a skid row
type of atmosphere, discouragement of residential uses in the area, and creation of an
erotically suggestive atmosphere on public ways used by minors. Moreover, in the
development and enforcement of restrictions on adult entertainment or adult service
establishments in this section, and in sections 401 and 2502, it is acknowledged that adult
entertainment or adult service establishments have been found to have serious objectionable
characteristics, and to have a deleterious effect on adjacent businesses and residential areas.
In making this finding, the Commission has reasonably relied upon evidence of conditions
within the City itself, evidence _gathered by other localities and communities, and evidence
described in judicial opinions. For the protection and welfare of the community, it is
necessary. to locate adult entertainment or adult service establishments away from residential
areas and commercial areas. and articular' awa from ublic facilities that are used
frequently by minors, such as schools, churches, parks, libraries, day care centers or
nurseries, and to restrict adult entertainment or adult service establishments to industrial
areas.
937.2. Limitations on adult entertainment or adult service establishments.
No adult entertainment or adult service establishment shall be:
(a) Located within one thousand (1,000) feet of any residentially zoned property, school or
public park. The distance shall be measured from the front door of the proposed adult
establishment to the closest property line of the residentially zoned property, school or park.
Where property in the City of Miami borders upon property of another city or Miami -Dade
County, the term "residentially zoned property" shall be those zoning districts designated as
residentially zoned by the terms of the zoning ordinance of the external jurisdiction.
* * *
ARTICLE 25. DEFINITIONS
Sec. 2502. Specific definitions.
Adult entertainment or adult service establishment. An adult entertainment or adult
service establishment is one which sells, rents, leases, trades, barters, operates on
commission or fee, purveys, displays, or offers only to or for adults products, goods of any
nature, images, reproductions, activities, opportunities for experiences or encounters, moving
or still pictures, entertainment, and/or amusement distinguished by purpose and emphasis on
matters depicting, describing, or relating by any means of communication from one (1) person
to another to "specified sexual activities" or "specified anatomical areas" as herein defined.
An adult entertainment or adult service establishment .s may or may not be open or available
to the public generally but shall e3
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exclude any person under eighteen (18) years of.. age it is the intent of this .definition _that.
determination as to whether or not a specific establishment or activity falls within the context
of regulation hereunder shall be based upon the activity therein conducted or proposed to be
conducted as set out above and in these regulations and shall not depend upon the name or
title of the establishment used or proposed. Thus, the terms"adult bookstore," "adult
massage parlor," "adult motion picture theater,', "adult private dancing," and "adult escort
service" are encompassed within this definition of "adult entertainment or services," but the
term "adult entertainment or adult services" is not to be deemed limited by the enunciation of
specific activities listed before.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4, This Ordinance is declared to be an emergency measure on the grounds
of urgent and public need for the preservation of peace, health, safety, and property of the
City of Miami, and upon the further grounds of the necessity to make the required and
necessary payments to its employees and officers, payment of its debts, necessary and
required purchases of goods and supplies, and to generally carry on the functions and duties
of municipal affairs.
Section 5. The requirements of reading this Ordinance on two separate days is
dispensed with an affirmative vote of not less than four -fifths (415ths) of the members of the
Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes
City of Miami
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File Nornber- O8 O1O25zt
• a.t• Words/and.or -ftgures•stricken through shallthrough .shi air be deleted ; erscored wefd.s._.igures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted andunchanged material.
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later,
City of Miami
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