56-90 ORDINANCE NO. 56-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCO-
HOLIC BEVERAGES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY,
SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS",
SUBSECTION (B), "NUDITY, PARTIAL NUDITY, AND SEXUAL
CONDUCT PROHIBITED", PROVIDING THAT ANY EMPLOYEE OF,
OR PERSON HAVING AN INDEPENDENT CONTRACTUAL RELATION-
SHIP WITH, THE OWNER OR OPERATOR OF AN ALCOHOLIC
BEVERAGE ESTABLISHMENT SHALL BE PROHIBITED FROM
ENGAGING IN NUDITY OR PARTIAL NUDITY WITHIN ANY
ALCOHOLIC BEVERAGE ESTABLISHMENT; PROVIDING A REPEAL-
ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages", Section
113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alco-
holic Beverage Establishments", Subsection (B), "Nudity, Partial Nudity,
and Sexual Conduct Prohibited", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(B) Nudity, Partial Nudity, and Sexual Conduct Prohibited.
i) No person shall engage in nudity in any alcoholic beverage
establishment.
2) No ~ers~n employee of, or person having an independent
contractual relationship with~ the owner or operator of an
alcoholic beverage establishment shall engage in partial
nudity in any alcoholic beverage establishment.
3) No person maintaining, owning or operating an alcoholic
beverage establishment shall suffer or permit any person
employee or person having an independent contractor status
as to the owner or operator of the alcoholic beverage
establishment to engage in nudity or partial nudity within
any alcoholic beverage establishment.
4) No person shall engage in and no person maintaining,
owning or operating an alcoholic beverage establishment
shall suffer or permit any sexual intercourse, masturba-
tion, sodomy, bestiality, oral copulation, flagellation,
any sexual act which is prohibited by law, touching,
caressing, or fQndling of the breasts, buttocks, or any
portion thereof, anus, or genitals or the simulation
thereof, within any alcoholic beverage establishment.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such deci-
sion shall not' affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of No~ , 1990.
ATTEST:
City Cle~k ~ /
First Reading. October 23, 1990
Second Reading~ November 13, 1990
2 ORD. NO. 56-90
BOCA lqATON NEWS
DleL~tAY BEACH NEWS
BOYNTON BEACH NEWS
Published Daily
Monday thru Sunday
Boca Baton, Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida
Before the undersigned authority personally ·
appeared NANCY WATT who on oath says that she
is the Classified Advertising Manager of the Boca
Baton News and the Delray Beach News, daily
newspapers published at Boca Baton in Palm
~st o~ T,E CODE ~
NANCES
Beach County, Florida; that the at~ched copy of
s~,o~ ~, ~T~
advertisement was published in said newspapers
in the issues of:
N~iTY, &ND SEXUAL C~
~Y E~YEE
~V~NG AN INDE~N~NT
TRACTUAL RE~TI~SHIP
THE ~NER OR ~E~TOR
ALCOHOLIC BEV~E
LISH~NT
FRM EN~GING
PARTIAL NUDITY WITHIN
C~C 8~E~GE EST~I~
MENT; PROVIDI~ A
C~USE; PROVIDI~ A
CLAUSE; P~V~ AN
Affiant fu~the~ says that the s~d Boca Baton
~ews and Delray Beach News are newspapers pub- . TM
lished at Boca Baton, in said Palm Beach County,
Florida, Monday through Sunday, and have been
entered as second class matter at the post office in
Boca Rain, Palm Beach County, Florida, for a pe-
riod of one year next preceding the f~st publica-
tion of the at~ched copy of advertisement; and
affiant further says that she has neither paid nor
promised any person, f~m o~ corporation any dis-
count, rebate, commission or refund for the p~-
pose of securing t~s advertisement for publication ~ ~, ~ ~ ~,,
in said newspapers.
Sworn to subscribed before me this
(Seal, Notary Public, S~rida at large)
My Commission expir~i4~_