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HomeMy WebLinkAboutO-08695MA bk 6/28/77 ORDINANCE NO. Sin AN ORDINANCE AMENDING ORDINANCE NO. 6871THE COM PREHENSIVE "NSIVE MINORDINANCE FOR THE CITY OF MtAMI, BY INCLUDING ESCORT SERVICES WITHIN THE DEFINITIONS OP AND REGULATIONS FOR ADULT ENTERTAINMENT USES, BY RENUMBERING THE EX7S'It ( DEFINITION OP "FAIRWAY" FROM SUBSECTION (26A) TO SUBSECTION (26=B) AND PROVIDING A NEW DEFINITION (26=A) = ESCORT SERVICE = WITHIN SECTION 2 OF ARTICLE II = DEFINITIONS; AND BY ADDING ESCORT SERVICE TO THE USES ENUMERATED IN 'SECTION 44 OF ARTICLE IV = GENERAL PROVISIONS; AND BY ADDING ESCORT SERVICE TO THE USES ENUMER- ATED IN PARAGRAPH (35*A) OP SECTION 1, ARTICLE XVI - 'GENERAL COMMERCIAL C-4 DISTRICT; BY REPEALING ALL ORDINANCES, CODE SECTIONS) OR PARTS THEREOF IN 'CONFLICT; AND CONTAINING A SEVERA 3ILITY PROVISION. WHEREAS, the Miami Planning Advisory Board, at its meeting of June 1, 1977, Item No, 2, following an advertised Hearing, adopted Resolution No. PAH 34-77 by a 6 to 1 vote (1 member absent) recommending that the Comprehensive zoning Ordinance No, 6871 be amended as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration and due deliberation of this matter, deems it advisable and in the best interests of the City of Miami and its inhabitants to grant said amendment; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by deleting Sub -section (26-A) FAIRWAY, Section 2 of Article II DEFINITIONS and by adding a new Sub -section (26-A) ESCORT SERVICE, Section 2 to Article II DEFINITIONS to read as follows: (26-A) ESCORT SERVICE. Escort Service is a business engaged in providing individuals with companions, Section 2, Ordinance No. 6871, the Comprehensive zoning Ordinance for the City of Miami, be and the same is hereby amended by adding a new Sub -section (26-B) FAIRWAY to Section 2 of Article I1 DEFINITIONS to read as follows; .4) rAIRWAY The navigable part f a waterway:, eentrall located with respect to the theoretical am s of the waterway (or the axis of the unproved channel on the Miami River) which provides a throughway or access aisle for manned vessels. Bect on 3, Ordinance No. 8871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by adding the term, "Escort Service" to Section 44 of Article IV GENERAL PROVISIONS so that the first sentence thereof shall read as follows: SECTION 44 = REGULATED USES The following uses shall be termed "Regulated Uses. Adult book store, Adult Massage Parlor, Adult Motion Picture Theatre, Adult Private Dancing and Escort Service. Section 4. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami., be and the same is hereby amended by adding the term, "Escort Service" to Article XVI GENERAL COMMERCIAL C-4 DISTRICT, Section 1, Sub -section (35-A) so that the same shall read as follows: (35-A) Adult Book Stores, Adult Motion Picture Theatres, Adult Massage Parlors, Adult Private Dancing and Escort Service. Section 5. That all laws or parts of laws inconflict herewith be, and the same are hereby repealed insofar as they are in conflict. Section 6. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, PASSED ON FIRST READING BY TITLE ONLY this 2lst day of41ILY 1977. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15._ . day of $EPI'.MBER. n 1 1977. ATTEST: ty C er Rag % MIAMI litCV1LIV AND SAW, reams PEW*. Deb tam Seri" halt ad tegfil liniitey: Punt, &dr Comp, Pled& VAlt OP newer* COURfif OP DADE lem th • WOO§ tRRORft rem' ism " the We ladsl. 14I eirk wne en Iiirn one Rill Raw& a eel MUIR dfddiddIi RPM 11/111 Lehi _Innerly)) nalvtdargn, UVe It world Dade Votinty merle.: that Ind attached tisPy Of Idyll, the 0 2lbentent, being a Leilel Ady1111110011101 IN Nestle* In gity-olAiami4.1,1a1(14 Re! ORDINANCE NO. 8695 In the •XX.$• Court wAs pubilthed In bald newspaper In the IMMO el Septgabg1A94_1977 Affiant further says that the said MIAMI Pavia* end Daily Record IS a newspaper published et Miiml. In sold Dade County, Florida. and that the bald nova, paper has heretofore been continuously pUbjithed In said Dade County, Ronde, each day (extern saturday. Sunday and Legal Holiday!) and has been entered as second eIas Mail matter et the post office In Mierni, in said Dade Couhty. Florida, for a period Of one yelkt hest preceding the Mist Publication of the attached copy, of adyenisemerit: end aillant further bays that she he neither pald no, plottilsed any berserk. firm or the ration any disc unt, rebate, chtnerilstIOn or refund(.t the purpose 0 hie advettiserneht tot leation in th MAL) My commission expires Ju An melon *in tabitedite Thai o Th irtit DS* SPOilflittota fhe tis, ttorrifhitsibto MitifYii, Flatted AdoisteRiMfalfRentlittted ordihantet: ORDINANCE NO, lithS AN ORDiNANCE AMENDIND ORDNANCE NO. IVL COMPREtaitNSIVE terNiND ORDNANCE PON THE ti'h or MIAMI, BY iNCLUDIND ESCORT SERvieEt Witt41N tHE DEPINttiONs OP AND ReDuLAtiONt PON ADULT ENtERtAiNIVIENt US, BY RENUMBERIND tHE EX- IstiND DEPINItION OP "PAilOWAy- PROM SUBSECtION (26A) TO gUdSECTiON t28-t) AND PRoVibiND A NEW OE F !POTION 06-A - EgOORT tEttvitt ttttiON 2 or ARtatt.t to - totOINITINS; ANO ADDIND cscoRT sE frviett� flit uttt ENuMRRAtrb iN st tN44b ARfleL IV. NtR At '0 ROVISIDIRty AND BY ADM NO Ese0Rt SERVIet te) 114E UStS #14uMtItAITO iN PARAGRAPH (3S,A) OP stetiON 1, Alktitit XVI GENERAL COMMERCIAL t-4 OiStititt BY REPEALIND ALL okbtNANets, CODE sEttiONS. 0PPAPtS THEREOF IN CONPLiet; AND CONtAINING A styERADiutY PROyISION. RALPH& ONait titY tLERK MIAMI, PLORI OA 1'ublicMtofl of this notice On the 29 day of Septerriber,107/ 9 29 M I o itiOrilG. Mutat (lark tyf the tit', Of 1, Vinildi; hereby certify that rim the. Amer day ot, A. D. t) ,/7 a tint, 'tut And cotreet coy nt the oh ,ve tind foregoing ordinanta Mit fasted al the Smith 1)1or of the Dade (Aunty Coati Muse at the place provit.I.:d id r nntices attd bubileatieths by etteettihg said copy t6 the place titilvicted thoottn, rtly hand d the Official seal of "id City..„ . A. D. t? of • • A PPLICA N'T REQUEST EXPLANATION BACKGROUNn R ECOMMENDA TIONS LAW DEPARTMENT PLANNING DEPAR TMENT PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET City of Miami Planning Department, February ?, 1977 Consideration of amending the Comprehensive Zoning Ordinance #6871 to include escort services within the definitions or and regulations for adult entertainment uses by renumbering the existing definition of "Fairway" from subsection (26-A) to subsection 26-B) and providing a new definition (26-A) Escort Service within Section 2 of ARTICLE II DEFINITIONS; by adding Escort Service to the uses enumerated in the proposed Section 44 Regulated Uses of ARTICLE IV GENERAL PROVISIONS, and by adding Escort Service to the uses enumerated in proposed paragraph (35-A) of Section 1, ARTICLE XVI GENERAL COMMERCIAL C-4 DISTRICT. To include Escort Services within the definitions of, and regulations for, Adult Entertainment regulated uses. During the course of public hearings on the adult enter- tainment regulations, it came to the attention of the Plan- ning Advisory Board that escort services were being operated in the City, which paralleled similar activities within the scope of adult entertainment. There appear to be two distinctive types of escort service: one which regularly has escorts on the premises to provide individuals with companions, and the other which has no escorts on premises but is a telephone referral operation. The amendment as proposed is to regulate both types of escort services. Approval. Approval (see attached draft Resolution) Deferred March 2, 1977 by a 7-0 vote. Recommended Approval, June 1, 1977, Resolution PAB 34-77 by a vote of 6-1 (1 absent) APPROVED on 1st Reading, July 21, 1977 PD 2/23/77 5/23/,77: 7/5/77 8/18/77