§ 21-47. Sexual activity in bathhouses and health clubs.

(1)

Scope of regulation. This regulation shall apply in both incorporated and unincorporated Miami-Dade County.

(2)

Definitions.

(a)

Bathhouse and health club as used in this section means any establishment that offers use of a swimming pool, spa, whirlpool, steamroom, sauna, or communal bath to its patrons and that charges an admission, assesses membership fees, or receives payment for the use of its facilities. These terms do not include hotels, motels, or medical organizations.

(b)

High risk sexual activity as used in this section means oral, anal, or vaginal penetration by, or contact with, the sexual organ of another without the use of any prophylactic device such as a condom to prevent the exchange of body fluids.

(c)

Hotel and motel as used in this section means a commercial establishment meeting all of the following requirements: (1) the establishment is primarily in the business of providing overnight accommodations; (2) the establishment is licensed by all controlling jurisdictions as a hotel or motel and is in compliance with all state and local laws governing hotels and motels.

(d)

Medical organization means an organization such as a hospital, medical clinic, or physical therapy clinic that is operated by licensed medical professionals with the primary purpose of providing medical care.

(e)

Operator means the persons with overall responsibilities to act as the manager and supervisor for the operation of the bathhouse and health club, including responsibility for overseeing the hiring and firing of employees, the issuing of checks and the payroll, and care and maintenance of the facilities. The term also includes the day or shift managers or supervisors who have responsibility to supervise or manage the other employees on the premises in the absence of the employer.

(f)

Owner means the person or business entity that owns the bathhouse and health club. If the bathhouse and health club is owned by a partnership, the term also means the general partner, who is responsible to the other partners for the operation of the facility. If the bathhouse and health club is owned by a corporation, the term also includes the chief executive officer who is responsible to the Board of directors or shareholders for the operation of the facility. The expression "owner or operator" as used in this section means that both the owner and the operator are both individually and jointly responsible for fulfilling the requirements of this section.

(g)

Patron means any person using the facilities of the bathhouse and health club including but not limited to members, guests, and employees who are off-duty.

(3)

High risk sexual activity prohibited in bathhouses and health clubs.

(a)

No person shall engage in high risk sexual activity in a bathhouse and health club.

(b)

No owner or operator of a bathhouse and health club shall allow or permit any person to engage in high risk sexual activity on the premises of the bathhouse and health club. The occurrence of high risk sexual activity in a bathhouse and health club, whether or nor the owner or operator has knowledge of the occurrence, shall be a violation of this section. It is the responsibility of the owner or operator of the bathhouse and health club to take steps to ensure such activity does not occur on its premises.

(c)

No owner or operator shall encourage, foster, or knowingly allow or permit any person to engage in high risk sexual activity on the premises of a bathhouse and health club.

(d)

No person shall occupy a locked toilet stall in a bathhouse and health club with another except when one (1) of the persons, due to physical incapacity, requires the assistance of the other to use the facility. No owner or operator shall allow or permit any person to occupy a toilet stall with another in violation of this section.

(4)

Regulated facilities in bathhouses and health clubs.

(a)

No private rooms. The owner or operator shall ensure that all booths, cubicles, and rooms within a bathhouse and health club have an opening no less than five (5) feet nor more than six (6) feet above the floor through which the full interior of the enclosure is viewable from the exterior for the use of the owner, operator, employees, police officers, and health officials to ensure that no high risk sexual activity is taking place. This regulation shall not apply to (1) any steam room or sauna in which the temperatures is maintained at a minimum of 104 degrees when occupied, (2) toilet stalls, (3) any room in which no more than one (1) patron at a time is allowed to enter, except to assist someone otherwise physically incapacitated from using the facility in the room; (4) rooms to which patrons are never allowed access, (5) common rooms such as lobbies, locker rooms, or showers to which all patrons, or at least all patrons of the same sex, are freely allowed access and which are never locked while the facility is in operation.

(b)

Holes in walls. The owner or operator shall not provide or knowingly allow to exist any holes in any walls of any booths, cubicles, toilet stalls, rooms or other areas at a bathhouse and health club which the owner or operator knew or should have known are used for the purposes of high risk sexual activity between persons occupying adjoining booths, cubicles, rooms, toilet stalls or other areas.

(c)

Lighting. In all areas of the bathhouse and health club to which patrons or guests are allowed access, the owner or operator shall provide lighting to an intensity of not less than five (5) foot candles, measured at thirty (30) inches from the floor, during all hours of operation.

(5)

Posting the name of the owner and operator. At all times that the bathhouse and health club is in operation, the name and address of the owner and the operators, including the day or shift supervisor or manager on duty, shall be prominently displayed at the entrance.

(6)

Penalties.

(a)

Each day the prohibited activity occurs shall be considered a separate violation. Each incident of a high risk sexual activity shall constitute a basis for a separate violation of this section.

(b)

Criminal penalties. Any owner or operator that violates the following sections shall be subject to a criminal fine of not more than five hundred dollars ($500.00) for each violation or not more than sixty (60) days in jail for each violation, or both in the discretion of the court: Section 21-47(3)(c) which concerns encouraging or knowingly permitting high risk sexual activity on the premises; and Section 21-47(4)(b) which concerns providing or knowingly allowing to exist holes that are used for high risk sexual activity between persons in adjoining rooms.

(c)

Civil penalties. The provisions of this section listed in Chapter 8CC of the Code of Miami-Dade County may be enforced pursuant to that chapter. As an alternative remedy, the civil penalties listed below may be enforced by a civil lawsuit brought by Miami-Dade County, or a state agency or local government with jurisdiction over the subject bathhouse and health club:

Code Section	Description of Violation	Penalty
21-47(3)(a)	Persons engaging in high risk sexual activity at bathhouse and health club	$100.00
21-47(3)(b)	Allowing high risk sexual activity at bathhouse and health club	$500.00
21-47(3)(d)	Allowing two or more persons in toilet stall at bathhouse and health club	$500.00
21-47(4)(a)	Private rooms at bathhouse and health club	$500.00
21-47(4)(c)	Lighting at bathhouse and health club	$250.00
21-47(5)	Posting name and address of owner and operator of bathhouse and health club	$500.00

 

(7)

Injunctions closing bathhouses and health clubs for violations of Anti-AIDS ordinance. Any bathhouse and health club where, within any six-month calendar period, there occurs three (3) or more violations of this section is hereby declared a public nuisance that is a danger to the health, safety, and welfare of the people of Miami-Dade County which shall be subject to an injunction closing the facility; provided, that the three (3) or more violations occur no less than seventy-two (72) hours after written notice of a violation of any provision of this section has been given to the owner or operator of the bathhouse and health club. The injunctive relief provided for herein shall be in addition to civil penalties, criminal penalties, and other remedies provided by law. Any State agency or local government having jurisdiction of the bathhouse and health club is authorized to bring a lawsuit to close such a public nuisance.

(Ord. No. 91-28, § 2, 3-5-91)

Editor's note

Ord. No. 91-28, § 2, adopted March 5, 1991, amended the Code by the addition of provisions which have been designated at the discretion of the editor as § 21-47.