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Home My WebLink AboutO-08758Mg a ORDINANCE NO, 6$ AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE 6645 AND PROVIDING PO t A NEW CHAPTER 66 OP THE CODE OP THE CITY Off' MIAMI, PLORIDA, PROVIDING THE LICENS.. INO AND REGULATION OF ADULT MOTION PICTURE THEATERS, ADULT BOOK STORES AND ESCORT SERVICES, AMENDING LICENSE APPLICATION PROCEDURES THEREUNDER; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS 2TS THEREOF IN CONFLICT, INSO?A1 AS THEY ARE IN CONFLICT; CONTAIN- ING A SEVERABILITY PROVISION; PROVIDING AN B'?ECTIVR; 'DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMT, FLORIDA: Section 1. Ordinance 8645 of the City of Miami is hereby repealed in its entirety. In its stead the following will com- prise a new Chapter 66 of the Code of the City of Miami, Florida, which consists of the following: Chapter 66. Adult Motion Picture Theatres, Adult Book Stores, Escort Services, Licensing and Regulation. Sec. 1. Definitions Adult motion picture theatres, and Adult book stores are defined as theatres or book stores which have a substantial or significant trade, exhibition or portion of stock in films or printed matterwhich are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or are theatres or stores which offer films or printed material to adults only on a regular and substantial basis. Such businesses are basically licensed by the City of Miami under the following classification contained in Sec. 30-28 of this Code; Motion picture shows, theatres, coin operated soundless midget picture machines, coin operated picture -sound machines; books, magazines, periodicals, newspapers, or news dealers (wholesale or retail). Adult motion picture theatre and Adult book store licenses are licenses issued by the License Division,, Department of Finance designated by: (1) the basic license classification contained in Sec. 30-28 of this Code such as: Motion picture, shows, theatres, coin oper- ated soundless midget picture machines, coin operated picture sound machines; books, magazines, periodicals, newspapers, or news dealers (wholesale or retail) ; and (2) the additional designation of adult motion picture theatre, or adult book store. AMu to are persona 10 yeere of age or older. The term penviction ehaii include an adjudication of guilt or a plea of guilty or nolo contendere, or the forfeiture of a bond when charged with a crime or municipal o€fenee. Egfor't aerVide is e: buainese hatted as an escort eervioe or any business however named which makes a business of introducing it§ customers to other itndividual§ for the purpose of the customer being provided with com- panionship for a period of time after the introduction and for which introduction the customer is charged a fee. por the purpose of this Section, "Speeifed Sexual Activities" is defined as! a 1. Human _Genitals, in , a state, Of_ se Cua1 ,,etirUl tibn or arousal. 2. Acts of human masturbation,se tual. intereouret Or _ sodomy. 3. • Fondling or other erotic touch#1J5 of human genitals, pubic region, buttock or female breast. And "Specified Anatomical Areas" is defined as: 1. Less than comPletely and opaquely, covered:___ (a) human genitals, pubic region, (b) buttock# and (c) female breast below a point immediately above the top of the areoia; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Sec. 2. Qualifications for the issuance of licenses for adult motion picture theatres, adult book stores and escort services. In addition to any other statutory code or ordinance provision licenses to operate adult motion picture theatres, adult book store, and escort services shall be issued only to applicants of good moral character. In making such a determination the City Manager shall consider the following: (a) Penal Conviction Information. (1) Whether the applicant has been convicted of a felony, misdemeanor, or municipal offense in the past three years in this state or any other state for prosti- tution, lewdness, assignation, pandering, letting premises for prostitution, keeping a disorderly house, illegally dealing in narcotics, or any felony, misdemeanor or munici- pal offense invglving obscenity. (2) Whether any stockholder, director, partner, joint venturer, or manager associated, interested, or employed in the business of the applicant has been con- victed of a felony, misdemeanor, or municipal offense in the past three years in this state or any other state for prostitution, lewdness, assignation, pandering, letting premises for prostitution, keeping a disorderly house, illegally dealing in narcotics, or any felony, misdemeanor or municipal offense involving obscenity. (3) Whether the applicant has been associated .with or employed by a, corporation or other business entity that has been convicted of a felony, misdemeanor, or municipal offense in the past three years in this state or any other state for prostitution, lewdness, assignation, pandering, letting preen ses for prostitution, keeping a dis- orderly house, it legal,y dealing in narcotics, or any felony misdemeanor or municipal offense involviAg obscenity. (b) tieMA Hi,Atarl, Whether the applicant er any individual or business entity included in (a), above, hat been refused the ig§tiatled of or hat had any license for a related business revoked or suspended in this or any other state and the reasons therefor, (c) Frio..POrgonal .Hiss rY. Such other facts relevant to the general personal history of the applicant as he shall find necessary to a fair determination of the eligibility of the applicant. Sec. 3. License applications, investigation, approval or disapproval by City Manager, hearing before City Commission. Any person, before engaging in the (1) adult Motion picture theatre, (2) adult bookstore, or (3) escort service business shall file with the License 1irision, Department of Finance, a sworn application on forms provided by the License Division. The completed application form shall be forwarded to the Chief of Police who will, within fifteen days, complete a full investigation of the qualifications of the applicant. Prior to making any recommendation, the Chief. of Police may request the applicant or any person named in the application form to file a set of fingerprints on regular U.S. Department of Justice forms. Upon completion of the investigation, the Chief of Police shall make his recommendation to the City Manager as to the approval or disapproval of the application. If approved by the City Manager, the applicable license shall be issued by the License Division upon payment of the license fee. If the license is disapproved by the City Manager, the applicant shall be given notice of the disapproval and the reasons therefor. The sole criteria of the City Manager in disapproving a license shall be: (a) Epr affirmative responses to any questions posed pursuant to Sec. 2. (a), above. or (b) The license applicant has materially mis- represented or failed to include information required by this Chapter. Within twenty days after said notice, the applicant may request a hearing before the City Commission as to his qualifications. The City Commission shall review same and order the application to be granted or denied. The substance and procedure of review by the City Com- mission of the denial of a license application undar this 'Chapter shall be the same as set out under Section 4 of this Ordinance. Sec, . Revocation of license, The City Commission may revoke the license of any person holding a license issued under this chapter where it is determined by the City Commission, after hearing, that: (a) The licensee, hit or its agents, officers, employees, has been convicted of a felony, misdemeanor, or municipal offense in the past three years' in this state or any other state for prostitution, lewdness, assignation, pandering, letting premises for prostitution, keeping a disorderly house, illegally dealing in narcotics, or any felony, misdemeanor or municipal offense involving obscenity or (b) The licensee has materially misrepresented or failed to include the information required by this chapter to be included in his license application form. At said hearing, the applicant shI11 be given the opportunity to be represented by an attorney, to make a record of the hearing by the use of a Court reporter, to call witnesses, to present documentary evidence, and to otherwise properly present his position or defense. Sec. 5. Licenses issued under this chapter are not trans- ferable. Upon a change of licensee, a new application is required. • Section 2. This ordinance shall be effective on March 23, 1978, as to new applicants and every business required to be licensed under the provisions of this ordinance shall be so licensed as of the 1977-78 license year regardless of previous or current business operation in the City of Miami. Section 3. Any person violating the provisions of Section 1 of this ordinance shall be fined or imprisoned, or both fined and imprisoned in accordance with Sections 3.(aa) of the Charter of the City of Miami (Chapter 10847, Acts of Florida, 1925, as amended) and Section 1-6 of The Code of the City of Miami, Florida. Section 4. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING EY TITLE ONLY this 9th day of -4- } 1978, PA8gt1i ANb Abblittb ON StCONb ANb PINAt REAMNO fY tint ONLY this 23td d y of VebtuatY 1978, Att MAURICE A It ititt MAURICE AL PERRt MAYOR RA PH G. ONG t CITY cttRk PREPARED AND APPROVED BY:, / ( EUGENE'N. STEINFELb ASSISTANT CITY ATTORNEY • APP D AS TO FORM "RECTNESS: GE RGE City At KNOX, JR. rney -5- MIAMI `RE"VIRIN ANBOAt011ateltli Pob11148 bear? MOM lttrneef, Sartday LOH 148116ey1 Mietfir, Batif bdtity, Et6fIde. ttAtE 151 PLORIBA tOUNti Br' BABE: Befog onder3rone6 au1h6PIty fteflbneri A peed A. Way, who an Nth Z6g3 fn6t the, l3 the ASltafenf bi ezt& b Legal dverfiliog Of 1 e Mi6TI Review and batty MOM, a d6lly tefteept S6tuteer Sunday ant! Leg61 Holiday%) PlAWSBsbper, Cutslithe6 64 MiAffti in bide County Fl ride; WI the attached cagyy Of edverttsefrient, being 6 Legal AdvertiStfhiot Or Notice to the ffi6tter of City of Mimi., 110 is Re: in the Court, was published in Said newspaper in the IStuet Of `ebrua `y 28, 1978 Affiant further Says that the said Miami Review and Daily Record is a newspaper published at Miami, Ih Said bade County, Florida, and that the Said newspaper hat heretofore been continuously published in said bade County, Florida, each day (except Saturday, Sun- day and Legal Holidays) and has been entered at Second ctatt mall matter at the post office In Miami, in Bald bade County, l ioHda, for a period of one year next preceding the first publication of the attached copy Of advertisement; and Milani further says that the hat neither paid not proml5ed any person, firm or Corpora• Lion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the %aid newspaper. Swotn to and subscribed t efdfe me this 28t , ..day of ,' .i rua', A.D.:t9..78 .j B tyy. J Brooks NpfaryPubltc, Ste/e-of'Florida al Large (SEAL) ` i.i�.%.t ` "r My Commission expires Jurle 1, 1979. Ct'fY,01 1VUAMI 1fABE tOUNi'!, FORMA LE6AI Nb' 1eg'st s 1; All interested rwtllfsk8 natirs that bn IhAtifd tlii$ t F6brO,iy,197'A the City CorAttatlon et 1Mafiii, Plottda `f5Alaed and 118e0e8'MI f611090 - IhgfitIbd otdrtt8hce: • bEBINANCE tJb $lrl AN -64bIN ►Nit l3itOtALINd IN'1fi$ ,€�f'PiR t 8 t DiNANCE 8a4S AND PRoViblNG, FORA t�EW 4FL&P E 8a;, O.'FttE COtiE .Op 'FHE CITY OK rMIAMir+FLO lb>1► c PPOVIDING tHE LiCENSINO ANb'kt-GULA'IibNA P ADULT MOtIbN . PIC'�UPE THEATERS ,ADOL't�;f3b$ StORI=S AND ESCORT SEPVtCE`SkANNE tbtWG I.ICkNSEa ._ APPLICAtibN P1tOCEbUREs TH6RtEUNbE13, fit@PEAT: ,s Y ING ALL ORDINANCES, CODE SECTIONS: OR° tsAr 1 t _ THEkEOF 'IN, COIVFLICT;F INSOEAlt AS'tHEY. ARE iNi,- CONrLiCT; CONTAINING -A SEVERABlLitY PObVISION; PROViD(NC+ AN'EFFECTIVE DALE. RALEN tSr ONtite'tla ., CITY;CLe13k • Publication of this notice on the 28 day of February; 1438 2128 M 0121136 �elfifi OP M AMI. fk I A IN?@R=flPl sce MEMORANDUM tai The Honorable Me fiber§ of The City CoMMissi in eor';L' P. Kfio r t J Cityttorney January 20, 1979 rite: tue.odt:Proposed amendment to Chapter 66 of the Miami City Cade ill OERENCts: tiNet dUAttt I Attached find proposed amendment to.Chapter 66 of the City of Miami Code providing for licensing and license revocation of adult entertainment. The amendments are the following: 1. Definition of adult Motion picture theaters and adult book stores have been changed so as to more nearly conform to definitions which have been given approval by the Supreme Court of the United States in the case of Young v. American Mini Theaters. 2. Penal conviction information for license applications has been made uniformly for three years rather than t'7ree years in some instances and five years in other instances. 3. The criteria for approving or disapproving a license by the City Manager has been changed so that it is the same as provided for license revocation (namely, for a prior conviction of obscenity etc. or a misrepresentation on the application). 4. This is to be enacted as a non -emergency ordinance. GFK/EMS/ts CITY COMMISSION MEETING OF FEB 231978 ORf.1.!:ArC£ L.l ► 11)ln :tid(E?.UG • 3.1CAL NOTICE Ali it►teraated will take notice that an the 2Ird day of February, 1076 tha City Commiamien of Miami, Florida palmed and adapted thm following titled ordinate: ORDINANCE NO. 675 AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE O64S AND PROVIDING ?OR A NEW CHAPTER 66 OF THE CODE OP THE CITY OF MIANa, FLORIDA, PROVIDING THE LICENS- ING AND REGULATION OP ADULT MOTION PICTURE THEATERS, ADULT BOOK STORES AND ESCORT SERVICES, AMENDING LICENSE APPLICATION PROCEDURES THEREUNDER; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAIN` ,ING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE. RALPH G. ONGIE CITY CLERK