§ 21-47.1. Sexual activity in adult bookstores and adult video stores.

(1)

Scope of regulation. Notwithstanding the provisions of any other ordinance, this regulation shall apply in both incorporated and unincorporated Miami-Dade County.

(2)

Definitions. For purposes of this section [Ordinance No. 96-13] the following definitions for terms used herein shall apply:

(a)

Adult bookstore means a business engaged in displaying, distributing, bartering, renting or selling printed matter, pictures, films, graphic or other materials which activity requires the exclusion of minors pursuant to Chapter 847, Florida Statutes.

(b)

Adult video store means a business engaged in displaying, renting or selling videotapes which activity requires the exclusion of minors pursuant to Chapter 847, Florida Statutes.

(c)

Operator means the person with overall responsibilities to act as the manager and supervisor for the operation of the adult bookstore or adult video store, 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. When no day or shift manager is present on the premises, the term includes the employee who is responsible for the operation of the premises.

(d)

Owner means the person or business entity that owns the adult video store or adult bookstore. If the adult video store or adult bookstore 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 adult bookstore or adult video store 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.

(e)

Patron means any person using the facilities of the adult bookstore or adult video store, including but not limited to members, guests, and employees who are off-duty.

(f)

Sexual activity as used in this section means oral, anal, or vaginal penetration by, or contact with, the sexual organ of another; the anal or vaginal penetration by, or contact with either the body part of another or an object held by another; or the handling or fondling of the sexual organ for the purposes of masturbation.

(g)

Viewing room means any booth, cubicle, room, or other area where patrons are able to view videos, movies, or still or moving images.

(3)

Activities prohibited in adult bookstores and adult video stores.

(a)

No person shall engage in sexual activity in an adult bookstore or adult video store.

(b)

No owner or operator of an adult bookstore or adult video store shall allow or permit any person to engage in sexual activity on the premises. The occurrence of sexual activity in an adult bookstore or adult video store, whether or not 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 adult bookstore or adult video store to take steps to ensure such activity does not occur on the premises.

(4)

Regulated facilities in adult bookstores and adult video stores.

(a)

Chairs only. In any viewing room, the only type of seating provided for patrons will be single chairs of the type designed to accommodate only one (1) person.

(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 an adult bookstore or adult video store which the owner or operator knew or should have known are used for the purposes of sexual activity between persons occupying adjoining booths, cubicles, rooms, toilet stalls or other areas.

(c)

Lighting. At all times that the adult bookstore or adult video store is open for business and in all areas of the adult bookstore or adult video store to which patrons or guests are allowed access, the owner or operator shall provide lighting to an intensity of not less than four (4) foot candles, as measured at a distance of three (3) feet above floor level, with the light measuring device held facing all directions other than facedown, with all video, movie, or other projection devices turned off.

(d)

Permanently open entranceway and into viewing room.

(i)

Each viewing room shall have a permanently open entranceway and view not less than two (2) feet eight (8) inches wide and not less than seven (7) feet high, which may not be closed by any door, curtain, or other partition which would be capable of wholly or partially obscuring any person in the viewing room. This entranceway and view shall open directly to an adjacent public room where the front counter is located or to a main aisle so that a person located in the front room or main aisle is able to view any person or persons located in any viewing rooms in order to monitor compliance with this ordinance.

(ii)

The owner or operator of an adult bookstore or adult video store may equip a viewing room with a device which allows private viewing of a film or videotape by the occupant so long as such device does not obscure the clear view of the occupant required by this section.

(5)

Posting the name of the owner and operator. At all times that the adult bookstore or adult video store 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)

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

(b)

Criminal penalties. Any owner or operator that violates Section 21-47.1(4)(b) of this part by providing or knowingly allowing to exist holes in interior walls that are used for sexual activity between persons in adjoining rooms shall be subject to a criminal fine of not more than one thousand dollars ($1,000.00) for each violation or not more than sixty (60) days in jail for each violation, or both in the discretion of the court.

(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 adult bookstore or adult video store:

Code Section	Description of Violation	Penalty
21-47.1(3)(a)	Person engaging in sexual activity at adult minimovie arcade	$100.00
21-47.1(3)(b)	Allowing sexual activity at adult minimovie arcade	$1,000.00
21-47.1(4)(a)	Failure to provide only single-seat chairs in viewing rooms	$500.00
21-47.1(4)(c)	Failure to provide minimum lighting at adult bookstore or adult video store	$500.00
21-47.1(4)(d)	Failure to provide permanently open entranceway to viewing rooms	$500.00
21-47.1(5)	Failure to post name and address of owner and operator of adult bookstore or adult video store	$500.00

 

(7)

Injunctions closing adult bookstores or adult video stores for violations of this section. Any adult bookstore or adult video store 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 and shall be subject to an injunction closing the facility. 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 adult bookstore or adult video store is authorized to bring a lawsuit to close such a public nuisance.

(Ord. No. 96-13, § 2, 1-16-96)

Editor's note

Ord. No. 96-13, § 2, adopted Jan. 16, 1996, amended the Code by the addition of provisions which have been designated at the discretion of the editor as § 21-47.1.