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HomeMy WebLinkAboutO-08645ORDINANCE NO, DEAS AN EMERGENCY ORDINANCE ADDING A NSW CHAPTER G TO THE CODE OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR THE LICENSING AND REGULAT/NG OF ADULT MOTION PICTURE THEATRES, ADULT BOOK STORES; AND ESCORT SERVICES! REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFL/CT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CO 4 0 0 CITY' FLORIDA: Section 1. A new Chapter 66 is hereb Code of the City of Miami, Florida, as follows: Chapter 66, Adult Motion Picture Theat Book Stores, Escort Services, and Regulation. Sec. 1. Definitions Adult motion PiCture, theatres, and Aau1tbook stores are defined as theatres or bookstores which represent themselves to be, hold themselves out as, or are operated as businesses catering to or limiting their business to adults (and in some instances utilizing a sign, advertisement, or notice, stating, "Adult Book Store", "Adult Movies", "Adults Only", "Adult Books and Movies", or some such other words or combination of words denoting that the business represents itself to be, holds itself out as, or is operated as such a business catering to or limiting its business to adults). Such businesses are basically licensed by the City of Miami under he following classification contained in Sec. 30-28 operated f this Code: Motion,picture shows, theatres, coin operated soundless midget picture machines, coin operated picture -sound machines; books, magazines, eriodicals, 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 byl (1) the basic license classification contained in Sec, 30-28 of this Code such as: 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dealers (wholesale or retail); and (2) the Additional designation of adult motion picture theatre, or adult book store, Repealed by 0-08758 Adulte are persons 1S years of age or elder, The term conviction shall include an cation of guilt or a plea of guilty or nol contendere, or the forfeiture of a bond wh charged with a crime or municipal offense. Escort Service is a business named as an escort service or any business however named w .ch makes a business of introducing its customers to other individuals for the purpose of the customer being provided with companionship for a period of time after the introduction and for which introduc- tion the customer is charged a fee. Sec. 2, Qualifications for the issuance of licenses for adult motion picture theatres, adult book stores and escort services. udi- 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 five years in this state or any other state for prostitution, lewdness, assignation, pandering, letting premises for prostitution, keeping a dis- orderly house, illegally dealing in narcotics, or any felony, misdemeanor or municipal offense involving obscenity. (2) Whether any stockholder, director, partner, joint venturer. or manager associated, interested, or employed in the business of the applicant has been convicted of a felony. misdemeanor, or municipal offense in the past five years in this state or any ther 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 voiving obscenity. (3) Whether the applicant has been associated th or employed by a corporation or other business ty that has been convicted of a felony. misdemeanor, or municipal offenae in the past five years in this state or any other state for prostitution, lewdness, assignation. pandering, letting premises for pro- stitution, keeping a disorderly house. illegally dealing in narcotics, or any felony, misdemeanor or municipal offense involving obscenity. (b) License History. Whether the applicant or any individual or business entity included in (a), above, has been refused the issuance of or has had any license revoked or suspended in this or any other steti and the reasons therefor. (c) General, Personal History. Such other facts relevant to the genera_ personal history of the applicant as he shall fin necessary to a fair determination of the eligibili 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 Division, D artment of Pittance, a sworn application on fo rovided by t e,License Division. The completed application fo all be for- warded to the Chief of polic who will, within fifteen days,;compiete 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 an regular U.S. Department of Justice arms. Upon completion Sf 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 vision upon payment of the license fee. f the license is disapproved by the City ger, the applicant shall be given notice of the disapproval and the reasons therefor. Within twenty days after said notice. the nt may request a hearing before the City sion as to his qualifications. The City Commission shall review same and order the applica- tion to be granted or denied as justice requires. At said hearing, the applicant shall be given the oppor- tunity to be represented by an attorney. to wake 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. Repealed by 0-08758 Sec, 4. 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, his 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 prostitu- tion, keeping a disorderly house, illegally dealing it narcotics, or any felony, misdemeanor or municipal offense involving obscenity, or 4 (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 shall 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 transferable. Upon a change of licensee, a new applica- tion is required. Section 2. This ordina hall be effective on June 12, 1977, as to new ants; d eve usiness shall be required to be licensed under th'e presions 4'Ehis ordinance shall be so licensed as of the 1977-78 ness operation in the City of Miami.. license year regardless of previous or current busi- Section 3. Any person violating the provisions of Section 1. of this ordinance shall be fined or imprisoned, or both intend imprisoned in accordance with Sections 3.(aa) of the Charter City of Miami (Chapter 10847. Acts of Florida, 1925, as 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. Repealed_ b_y..Q-08758 Section 5. This ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peac health, safety and property in the City of Miami, Section 6, The reruirement of readingordinanc two separate days is hereby dispensed with by a vote of airless than' four-fiftha of the Members of this Commission, Section 7. If any section, part of eection phrase or word of this ordinance is declared invalid, provisions of this ordinance shall not be affected. PASSED AND ADOPTED BY TITLE ONLY this 28th day of Apr 1977. ATTESTr RALPH G. 0 CITY CLERK ASSISTANT CITY ATT APP ..JO FORM AND CORRECTNESS: GEORGE . KNOX . CITY ATTORNEY URICE A. FERRE MAYO R it MIAMI *UMW ND WALT IMMO AMMA61,00pmmtiohm01"Smispag tpith4Welo MialtihdoemmOmta. VMOIVIUMMA mum et' "Ott tir letititerg risen 111 maott'llosto vie dads; fit atitzwelietarAtien Legal Notice Re! Ordinande NO' 8645 0.64.464444os is ,,, s. di . XXXX toot, eat ouiiitta 'in tau) rteritosper th the Issuet May Ss 107 W. 44444 • ,, 44444 4 4444 4444 444444441 444444 444 64 4 4 44444 44 44 444 44,014,444i444 4444 AHiaM tidthei, Ilya that the Said MIAMI doyleys add Record a_nowsdadet oubuthed et man% in said Dade UOUittY, Sarnia. and that the kaki newa• depot des jdoitofer been eeetthesettel, Debhsheil In saki Dade Cantle, 101.106. each day (eetept Saturday. Sunday IndLegal Olidayt) and hat been littered is ftetthia Cilia Mail Maet the post eftiell In in tele Deed comity, FondaFl, rot * belied et one year neat pretedirtg the first 0011e/died of the attlithild delay of atiVintiSithieht; and IMAM further lays that she hit neither paid tie, ationdsed shy pima% firm bP Ctopinttitift any disaount. rebate. tatintistioti et ildultd tat tha Outdate et betel** thlt advadissident far publiCation Itt the tali! newiPtiobt. &rtk. tor(kv se;tittn beArk Me this 5th Moty%-77 0100. t P b. .„ 44 NOPRY,9b it tate, atliaillit Large ASEAL) My commitsion eapitha.blair tlt% U1 MiA111 Witt titilVrts , Ail intvripAteit V4•111 tAkt• Itildirt* 111441 oh ilie Meta tidy lot Attrit, 11k7t r'Ily cemirritrAtrirr err Miami, Vioridir etniitrIod imert ottlrINANkl:Nfl. 8843 limEttlIENt'Y t)ripiNANCE AbblNu A NEW MiAll- TEll i.i. .11) titE cot*: t)r (Try mtAmt. 1:1,4)1111)A. • Volt 11414 1.101.1NsiNui AI :I Ittl(i. trLATIcr,ur ntAlt/r MrstioN.AqAtitUrl..,114EATItion,„ Tolt)E nt0111...S. .NI) Erott tt•l. 1,1•1:+1.1X41 At.L anI)INANCP:n. t(II 1 1.41r1oNs Oct iti 1.11IrrItt:OP 1 INA0VAn. An %RE IN tkINVIA.itt: CoNTAINiNa A ANVEistAlittATT vitriVIsitrN /,110VIiIINti AN EPIelPrerivt 1).Vrit. RAI.Vii 41. ONO it:: rtrEttli MIAMt. Posiwatort tnit4 ilUtil. nit the h .in,it Mo. inv; M 6022s 4,...wrktsesit4W.A...4.4r44+41414e.MASi..* t in the bucket of the 'City'; budget but acts as a then Rand uu a deterrent to the movie :producers we want and steed." Ihet's on the retort. Rev. absent Mr. Mayor, rather than this be negative wouldn't it be polite to ask the industry to talk with the City personnel end try to work out their differences rather then just be tegativelssbecause otherwise what's going to happen is that all of us are going to be saying no. Mayor Ferret Well, I think the way to do thla simply, this is ,a reading of an ordinance on First Reading which was proposed by the administration, right? It has not been proposed by any member of this Commission, so therefore I think we just pass right over it, 1 don't think you need anything on it. I think what we need is a Resolution in turn asking the administration to met witch representatives of the industry and rather than put a taxation, find ways that we take towards encouraging the movie tnduatry to come into the Miami area. Mrs. Gordon: I would make a motion,..well, Father, if you want to offer it I'll second it. Mayor Ferret All right, it's been moved and seconded, is there further dis- cussion on Item No. 13? Call the roll, please. The following motion wan introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 77-363 A MOTION DIRECTING THE CITY MANAGER TO MEET Wt'TH REPRESENTATIVES OP HE MOTION PICTURE AND TELEVISION INDUSTRY IN AN REPORT TO ENCOURAGE THEM TO UTILIZE AREAS FOR FILMING MOTION PICTURES AND TELEVISION IN THIS AREA. Upon being seconded by Commissioner Gordon, the motion vas passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferro NOES: None. Mayor Ferre: Ladies and gentlemen, thank you for your patience, and please know that the City of Miami -Phil, and all of you who took•the time to come here- is sincerely devoted to the cause of having -a healthy film industry developed in this community and we thank all of you in the industry. 20. EMMY ORDINNICE: REGULATING ISSUANCE OF LICENSES TO OPERATORS AND/OR APPLICANTS FOR ADULT M4JSEMENT =S. Mayor Fevre; Mrs. Rockefellar. Mrs. Rockefeller; I'm Grace Rockefeller, I live at 814 N.L. 71st St., Miami, I'm President of the N.E. improvement Association, I'm President of the NJ. Taxpayers' Association, I'm here today as a private cltiren. tiow. I have talked to Mr. Knox and the City Manager yesterday and requested that this be Put'Up as as en emergency ordinance to wive time going the Tirat reading, a second reading, and then a month, because this is a very important ordinance and before I yet through I think you'll realise what I mean by it, and I'm very glad you're bare Mr. 14ayor today. I've oammended you Go :away times at various meetings Cor your efforts in bringing the Sight of Piscayoe Soulevard to the Governor's attention.. we appreciate this and it was only after that that we got action on the Boulevard. Uoi, ae you know we have been working, (when I say ie0 I mean all the chants, the businese people,... Myer Tierra! Reeves me Otrem, lad OS and gefltleeen, l old bo leVateettefel theta ref you in the book if you want to talk yov told jam tie right eeteitle end yev e on do all the talking yet want there, ilk, thank MI ge ahead, Mrs. Rockefeller! When t say the`Northeast, t mean all the nerehents, the !Widenks, the people who work there tree northeast 87th Street to f'l*gler and mat et Northeast 2nd Avenue to the Day have been trying to restore the +eeenainy and the ehereeter e the Northeast areas Oust a few short years ago eiscayne Boulevard Waa lined with beautiful motels and rotated hue nnesea. Me had a shopping plaza at 79th Street and Biscayne Boulevard, then some of the motels started dealing in prostitution which brought in drugs, the pimps, the prostitutes and after that came the ,prone movies, the book stores, the massage parlors, the escort services, and what not, until the business has absolutely been ruined, the economy has 'been ruined. Many of the merchants have gene out of business. These that are still in business are operati behind Decked doers. Now, we've had the cooperation and beautiful cooperation from the Police Department, we've had cooperation from you Mr. Mayor, from this Commission, from the city Manager, and from the Legal Department► but the Police while they're doing an outstanding job their powers are limited they car, only book and arrest, that's all they can do. We've had to bring in the State Attorney's Office in this, so it'a going to take the complete cooperation of all of us. Now, through the 'State Division of hotels and Restaurants we have taken nine motels before them. Some of tbem we've closed down completely, some of them we revoked their license on appeal and others will soon be revoked. Between 71st Street and 79th Street, we closed completely down three motels, three of the worst motels on the Boulevard, we've closed them down, but the City has opened up three more places. They've opened up an escort service, two escort services, and one of the largest peek shows,a part for pronography in the City of Miami. The gentleman that opened up, I hate to call him a gentleman., but I'll go back and say the than that opened up this new peek show out there was on this agenda to have his license revoked a couple of months ago► somehow it was taken off the agenda. Now, when I met with Mr. Knox and Mr. Alvarez, and Mr. Connor of the Legal Department on April loth for the purpose of getting this ordinance which is needed badly, because as the ordinance is written now, one hand doesn't know what the other one is doing and do you know when you say the city of Miami has licensed this new prono peek show, this new escort service which is a call girl operation, and the other escort service which is a call girl operation, they think of you Mr. Mayor, they of this commission, they think of the City Manager, and the City Attorney, you get blamed for this, and they don't seem to realize that one hand doesn't know what the other one is doing, that you don't even know these places are in existence until you get complaints. Mayor Ferret The only one that knows that these places exist around here is J.L. Plummer, where did Plummer go? You better come here an defend yourself Mr. Plummer. Mrs. Rockefeller I think that you're going to be very happy with, I hope, is there any reason we can't pass this as an emergency ordinance? W. Knox: No sir, it's in your legislative discretion you determine that as beneficial to the health, safety, welfare, and morals of the citizens. Mayor Ferret Alright, is there anybody here who is opposed to this ordinance? Does anybody want to speak in opposition to it, if not... Mrs. Rockefeller: I would just like one more moment and then I'd like to introduce you to one of the Vice squad who is not only a credit to the Police Department but a credit to the city of Miami and let him give you what they go through, but I have to get this in Frank, I'm sorry. You know your office got a lot of calls Mr. Mayor, and Frank would tell me that one woman called and she was complaining and her husband was in the background telling her what to say and Mr. Cobo said, why don't you put your husband on, so she did. The first thing she said to Frank. how ouch did the Mayor get? How much pay off did he get for licensing this place? Now, x had a difficult time convincing the people that this isn't the way it works, this isn't the way it works at all, but they think I'm covering up for you, because you appointed toe to the Planning Board. I've talked to Mr. Williams and I've talked to the head of the licensing bureau end they said they know these places are call girl, but they do not have the authority from the City to check them out to the Police Department before issuing them a ,license, Mayor Ferro: The only one that checks them out is Plummer. I keep telling you that. He's the one that checks out ail the pictures ,... Mx. Plummer: Alright, but the Mayor don't take his pay offs in money.... Mrs. Rocks etlar: That's what I'm afraid of. That's exectiy what I'm afraid of. About sis weeks ago I had a rati from the City Manager's Office totting sue that there was another mitt girl under the name of escort .service that wanted to open up on 79th Street. just a desk, just a phone, they tried to question hisn, but he was smart enough he knew what the ordinance was. He said, you show es where it says its in the ordinance, so if me would get tilt s passed, but there eretWO dmtt t? &t 2 mid a that this Cite ttemissien make to this erdinanee, When it was written up the Attorneyput damn three years and if they haVe anything, any erielnai record in the peat three years, new we Would like's. Mayor Ferrel Orate, excuse ea for interrupting me, but WI 400 00 ©'clock. We had .a 30O o'clock public !searing here. We got people here en item 34 that are getting a little restless. Would you tell us quickly what the amendstents ere? Mrs. Rockefeller: Yes, 2 want you to extend the time to S years to coincide with the State Board of Business Relations. Mayor Ferro: Alright, Mr. City Attorney, do you have any ab5ectiona to that, is there any reason why it could not be extended to S years to coincide with the State? Mr. Knos: No air. Mayor Ferrel Does anybody have any objections to that? Let's do one at a time. Who makes the motion on that? No, let's just move it. Rev. Gibson! Moved. Mayor Ferret Alright, Father Gibson moves, Plummer seconds on amendment that would extend it to 5 yeara. Further discussion The following motion was introduced by Vice -Mayor Gibson, adoption: MOTION N0. 7'7-364 the change in thin Call the roll, who moved its A MOTION TO AMEND A PROPOSED EMERGENCY ORDINANCE ADDING A NEW CRAMER 66 TO THE CODE PROVIDING FOR LICENSING AND REGULATION OF ADULT MOTION PICTURE THEATRES, ADULT BOOK STORES, AND ESCORT SERVICES BY AMENDING PARAGRAPH (a), SUBSECTION (2) TO READ: WHETHER ANY STOCKHOLDER, DIRECTOR, PARTNER, JOINT VENTURER, OR MANAGER ASSOCIATED, INTERESTED OR EMPLOYED IN THE ' BUSINESS OF THE APPLICANT HAS BEEN CONVICTED to A FELONY, MISDEMEANOR, OR MUNICIPAL OFFENSE IN THE PAST "FIVE" YEARS, Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferro NOES: None. Mrs. Rockefeller: 1 would also like to have it include Massage Parlors which would coincide with our Adult Entertainment Center. Mayor Ferrel Alright, I don't know why wouldn't Massage Parlors be included in this? Mrs. Rockafellars Wall, they're one of the worst places for prostitution. Mayor Ferro: Well, why didn't they include it in the firet place? Mr. Plummer; Mr. Mayor, I'm sorry, you're wrong, there happen to be some in this town that are legitimate and one of them exist in the YMCA, there is one that exists in the Dupont Plass Hotel., now 991 of them, 1 know what they are and you know what they are, you better than I,(Iaughter), but there is that It that are legitimate you know, so let's don't scatter gun.., Mayor ferret This doesn't preclude them. Mr. flww er: I don't see defined in here... Mrs. Rockefeller: Well, the only thing J.L. what it would say was that if they Apply for a License the Police Department would check thorn out and if they have a record for arrest tor anything illegal in the last 5 years they don't get a license that's ail it says. Nr. Plummer; Me... tO rgettM� 8eenee 44. any 4aet right i thatM tt' tOr is i hs any probleil Mrs Plummer! Pitre. Mayor Petro! Ok, so what bleb you lotp Mrs, Rockefeller! Those are the tw0 amendmente, Mayor Perrot Alright, does anybody have any objections to including Massage parlors into this ordinane Mr. Xnoxt Xmas ma Mr. Mayor.... Mayor Ferret Massage Parlors, Health Studios, .. Alright, George are we going to get in trouble nowo Mr. ttnoxt Well, 1 understand that there's some eminent state regulation regarding Massage Parlors, and perhaps we could wait until we have some kind of guidelines.., Mayor Ferret Well, this is in First Reading... Mrs. Rockafellart I'd like to clarify that. No, no, this is an emergency ordinance. Mayor Perrot Oh, I see. Mrs. Rockafellart I'd like to clarify that because somebody else brought that to my attention and I called the State Board of Business Regulations, they do not license Massage Parlors. This comes under the City of Miami. Mayor Perret Well, where are we going to draw the line now, because there are... we got Spa's in this town, do we have any health, Vic Tanny and... Mrs. Rockafellart If a legitimate one, it's going to open up he would certainly have no hesitation to have you check him out if he's had a record in S years. Mayor Ferret Grace, I agree with you. Zoe, I'll tell you the way I see it. It's a pain, I understand, and it's a problem and you're going to health studios and a assage studios that are probably be protesting it, but look, if these are legitimate operations you can license and there's no... Mrs. Rockafellar: That's right, they'd have no problem. Mayor Ferret That's no big deal, so in other words the motion then as Commissioner Reboso makes it that we expand this to include Massage Parlors and Health Centers, is that what this is called? Well, Health Studios... Mr. Plummer: Oh boy, a friend of mine just paid $700 for a membership to a Health Spa, he's just committed suicide. Mr. Rebosos Everything that has massage, Mayor Ferrel Anything that has massage operations. Mr. Knox; Mr. Mayor, if I may suggest that perhaps we should just prepare another ordinance. Massage Parlors/Health Studios represent a different kind of a problem and it involves a lot of work. Mayor Ferret Alright, I think we better be careful of over killing here. Let's just limit it to Massage Parlors. Mrs. Rockefeller; We're not killing anybody. It's legitimate. Mayor Terre; Look, let's make it Massage Parlors for now Grace, we're going to get this in an emergency basis, if later on we can define it so we don't yet into a big problem that we're not aware of now vent then expand it. Mrs. eocka€oiler; stow, if I may have one minute, When I was over to the Attorney's office, the ordinance that you have on the books, that's been on the books for a long time clearly states that if any of these prone book stores, movies, or escort services, or anything that come under this adult ordinance have one arrest and conviction you cam revoke their license. Mow, I have Sergeant Matton here, they have numerous arrests and oanvictions of each and every one ... Mayor Ferret Woe, we're in the middle of trying to peso a notiorn• to include Massage Path!" and let's that bet WO e it, alright/ ROObafei art Elk, name fle Mr. Mayor, Player Perrot Now, there a a motion by CoMmisniorrer Meb o, la there a semd NV. Oilmen! Seconded. Mayor Perrot Seconded by Pother Gibson. Purther amnion en this, if not as the roll please. The following motion wan introduced'by Commissioner Rabaul* who moved its adoptions MOTION t4O. 77-365 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREpARR THE NECESSARY ORDINANCE AMENDMENT TO EMERGENCY ORDINANCE 9645 PASSED AND ADOPTED THIS DATE TO INCLUDE "MASSAGE PAPLORS" IN THE TITLE OP SAID ORDINANCE AND TO INCLUDE "MASSAGE PARLORS" UNDER SECTION 1-DEFINITIONS. Upon being seconded by Vice -Mayor Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Menoio Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. CONTINUED bISCUSSION: Mayor Ferret Alright, Sergeant, you want to come up while Mrs. Rockefeller is introducing you? Go ahead Grace. Mrs. Rockefeller: The thing that 2 want to bring up next and I think Sergeant:Hatton will go into this a little bit, is that we've asked the police to compile a record of all these prone movies, bookstores and everything, that they do have arrest and convict- ions on, to present them to the City Commission, to get them on the agenda, and get these places cleaned out, and get the economy, get our property values back up, get the merchants where they can operate, you won't have to be raising the taxes if you get the income up there where it should we're all happy to pay more and I'll turn this over to Sergeant. Thank you. Mrs. Gordon: Grace, I think you ought to be deputized as a citizen, deputy. Mrs. Rockefeller: I'm going to tell you Commissioner Gordon, I feel it's a privilege to come before such an outstanding Commission, City Manager, City Attorney, you have cooperated with us beautifully and we're all greatly indebted to everyone of you, that's my thanks. Mayor ferret Alright, Sergeant. Sergeant Batton: Mr. Mayor, City Commissioners, I'll keep it short. Sergeant Batten, City of Miami Vice Squad. I have to appreciate Grace Rockefeller's efforts,I work the Biscayne Boulevard area where the Adult Book Stores. the Escort Services do exist and it does create a problem, but I'm here today to back up the ordinance oast she would like to see passed from my personal experience and advice, As it stands now if we conduct an investigation on a license as I have done on an Escort Service upon on Biscayne Boulevard and it was proven that this Escort Service that opened up did in fact operate in Ft. Lauderdale and everyone in this Escort Service had been arrested before for sexual crimes and they were run out of Ft. Lauderdale and this investigation disclosed this and in term they were allowed to open and operate in the City of Miami. *ow, with this ordinance, if it's passed, this investigation alone could have stopped tt at that stage, but they were allowed to open and after they opened their doors it was a smatter of 14 days before some of the gentlemen working at this Escort Service were arrested for procuring and females were arrested for prostitution,, also if this ordinance is prised it would allow us to close them based on the convictions. The. problems we're having to recite an example, downtown theatre we have five convictions against for obsenity and numerous arrests inside the place for -lewd and laciviosas conduct, with this ordinance we would close this place tomorrow. All our Adult Bookstores have convictions against them. All our Movie Theatres have convictions against thews, and most of our motels up on Biscayne Blvd. that she telks about have convictions against tea. The problem were running into is the Police Department is getting the convictions, they're going to court paying their fines and they're continued to agate. thin in turn ties up manpower, the gentleman working forme and it's a eonstant battle, that's never really Ling to an end and all 2 +ran say is with the passage of this ordinance we can oboe these places dawn and mate that area a lot better and give sham what they're looking for up there, and f realty feel like with the citizens in the polite Department and with the helper the tomnissien we eaa eiest these plates within a year. Mayor Ferret Thank you Sergeant, that's fine, Is there a motion new en the ordinance as amended with the two amendments? Mrs. Cordon* Doesn't he have to rewrite this? Mayor Ferret No, I think we can pane it with the stroke of the pen here and there. Mrs. Gordont le that ok with you George? Mr. Xnoxt First of all, we can merely make an interlineation and change the years. In our title we can add Massage Parlors and Health Studios and at some subsequent time we're going to have to add definitions and all that, but me can pass ordinances nbw. Mrs. Gordon: And, we can make it emergency that way too? Mr. Greenlet The two amendments that you have adopted as t understand it, the first one covers the question of the 5 years and the second covers Massage Parlors only. Mayor Ferret That's correct sir. Mr. Grassiet is that correct? Mayor Ferret That is correct. So you can interdelineate into the title right now by lust simply changing the year. Let's do it right now, what page and what line is it on? Mr. Knox: It's on page 2, sub -section la), sub -section 2, line 5. Mayor Ferret You strike out (3) if you would please and insert (5) therein, and how about the next one? Mr, Knox: It's in the title after Adult Book Stores,add Massage Parlors. Mayor Pierre; After 1,2,3, third line after bookstores , add massage parlors AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ADDING ANEW CHAPTER 66 TO THE CODE OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR THE LICENSING AND REGULATING OF ADULT MOTION PICTURE_'THEATRES, ADULT BOOK STORES, AND ESCORT SERVICES: REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN -CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION PROVIDING AN EFFECTIVE DATE. Was introduced by Vice -Mayor Gibson, and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote- AYE.S; Rev, Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboot), and Mayor Terre, NOES; None. ABSENT; None. whereupon the Commission on motion of 'Vice -Mayor Gibson, and seconded by Commissioner Gordon, adopted said ordinance by the following vote - AYES: Mrs, Gordon, Mr, Plummer, Mr. Reboso, Rev, Gibson, and M4ayor Ferre. NOES; None. :ASSENT: None. WIC firPtIt1tt IMAILTRO All itterestoivill take notice that a public hearing will b tt th City Commtesten Netting Room, 3500 Pen American Drives Sum, Plorlds at 4100 elelotk Pah en the 9th tgy et February, We to consider the repeal of cmdinaftee entitled! ORDINANCE NO. 8545 AN 124110SNCY ORDtNANCE AMC A taw mom 56 It IRE COD1 or TRt CITY OP MIAMI, PUMA, PROMEN0 POR LIMING AND RECULATINO OP ADULT NOTION PICTURE MAMA, ADULT ROOK STORM AND ESCORT SERVICES1 REPEALTNO ALL 01151NANCESI CODE =TONS OR PARTS TRUMP IN CONPLICT, MINA AS TREY ARE IN tONPLICTI MN- TATNtN0 A SIVERAttLITY PROVISTONIPROVIUNO AN ElPtOTtVE SATE passed and adopted by the City Commission of WW1 Florida on the Math day of April, 1977. RALPH O. 0NGtt CITY MIRK hseph Lassie O1ty Matinget " land Watkins thief of polite. IOW I a d a efai°ghte At present, no set written procedure has been established prior to the issuance of at Occupational License, Certificate of Use or any other license to establishments that are going to sell alcoholic beverages, that are going to operate any type of adult entertainment i.e., adult book stores, peep shows, adult movie theatres; massage parlors, escort services, exotic dance studios and dating agencies. 0n Thursday, February 17, 1977, at 1:00 P.M., a meeting was held at the Miami Police Department with represen- tatives present from the Building and Zoning Department and the Finance Department. Those in attendance were: 1. Major E. Gunn 2. Capt. P. 0boz 3. Sgt, J. Hatton 4, C. Caplinger '5. G. Salman 6. F. Williams 7. T. Connors Miami Police Department Miami Police Department Miami Police Department Finance Department Building Director Building and Zoning Police Legal Unit As a result of this meeting, the following listed .was recommended for your approval. The Building and Zoning and the Finance Department will notify the Miami Police Department's Special Investigation Section of any person or persons applying for a license to operate any of the above mentioned establishments. Upon notification by the Finance Department or Building and Zoning, the Miami Police Department's Special Investigation Section will conduct a complete inves- tigation and background check on applicant or applicants. The results of this investigation with recommendations (if any) will be forwarded to Building and Zoning and the Finance Department before the license is issued. icensing 01i;tf g :ttt4;e IAAO It77 e tetu t of ttit fletti gl Vas a e d adeVeted t is tuiidittg and 2ehitig riot the F'i ante, bepettiiiei t has the. guthotity to deitythe isstiehee'`ot iitettsc: based .:eh faets hheo teTed i ti the Miatti Polite bepa `tti>ettt's itiVettieatiots tt(bidet fat this trocedute to 1iav tieetiiht `eff Ci e atiptoptiate dity bi'dittafoe,,�shoU1d S`e d . fted by3 :,the::. data ti,epattthettti t'tittt G ihh—b s i police tegai ` Jtiit, has $ bring iecbtttiettdat'ioh see atteche'd) it° fortti�tted� the �.�fol5.:. the city ,tet3 tepa ttitett e: eoh detetidn and approval: Aiso. attached' to this tiiettib is . a siipplentental application fo certificate of Uses :ctafte'd byIt. liliiatis Of' tiilding and Zbt�iiig� �liich tah,ett completed h appiicate fo .: icense tti"ll he fo t�atded .to, tfie Special Investigation S.eeti - oti of..the_ �iiaiti °Pc5l:ice Depat;nertt, - 'This net, fo�tu t�.iii i oVide the infor'taatiori deeded in' r ider to record checlt applicants fbr iic'cttsesr ` present Forms in. use byi. inatice and 'Euii`ding aitd oni tg do:not:. give needed information for iriVestigatiot►s. cwt'JGH:dtna Attachments y_y { g ?�: {� },} jP.�Ctj vt I,o�.V_ i iN Altai « r.,. a -., .. ._ ,._.... .�..._ ,� ... Yt 17, �Vz _L J i��.11�iJR1 1 i . N P 8ENT AbDRZ� S : P1zr gENT P Jf,c0tOkxbbfttm : , : T81, P1joi3E 461 t 1D�: UL�, r�I 'I11��RS 3, CbRP012r3rI�5 � UL'�'IG�;RS t�Nb;: i,L\.�iliCyE12 LIST EQUIPMENT SE RVICES � � PRODUCTS, AND/OR USE ,0V ; PREMISES: