Ord 43-03ORDINANCE NO. 43-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF, I.RAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DFJ.RAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT
ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEAI.RR CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of
the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the
City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the
adverse secondary effects of adult uses on the community which include but are not limited to the
following~
1132.
City of Renton v. Playtime Theaters, lne, 475 U.S. 411 (1956), reh. denie& 475 U.S.
2. Young v. American Mini-Theaters. Inc.. 427 U.S. 50 (1975), reh. denieck 429 U.S.
873.
3. Barnes v. Glen Theater. Inc., 501 U.S. 560 (1991).
4. City. of Los Angeles v. Alameda Books. Inc.. 535 U.S. 425, 122 S.Ct. 1728, 152 LEd.
2d 670 (2002).
5. Boss Capital. Inc. v. City. of Casselberry, 187 F.3d 1251 (11~h Cir. 1999).
6 Report on Zoning and Other Methods of R ~egulating Adult Entert~i-m.ntjn
Amarillo, (Texas) dated September 12, 1977.
7. Re_mdation of Criminal Activity and Adult Bn~inesses City of PhoenLx, May, 1979.
o
26, 1977.
Findings of the City Planning Commission of the City of New York dated January
9. Detroit's Approach to Re_tmlating the "Adult Uses" presented to American Institute
of Planners, Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council fxom the planning
Depmmient of the City of Beaumont, Texas dated September 14, 1982.
11. Legislative Report on an Ordinance Amending Section 28-73 of the Code of
Ordinances of the City of Houston. Texas: Providing for the Regulation of Sexually Ori¢,t,d
Commercial Enterprises. Adult Bookstores. Adult Movie Theaters and Massage Establi~hmentsl and
Making Various Provisions and Findin~ Relating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special
Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated
May 19, 1986.
13. Adult Entertainment Business in Oklahoma City.. A Survey of Real l~s~tot~.
Appraisers. Report prepared by the Community Development Department of the City of
Old~homa City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indian?olis. An analysis prepared by the
Department of Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriffs Office report dated April, 1998.
2 ORD. NO. 43413
16. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A
report prepared by the Director of the DelY~tment of Construction and Land Use of the City of
Seattle, Washington. Dated March 24, 1989.
17. Report to the American Center for Law and Justice on Secondary. Impacts of Sex
Oriented Businesses, Peter IL Hecht, Pr.D, March 31, 1996.
18. Adult Business Study in Town and Village of Rllieottville. Cat*umu_ous County, New
York. An analysis prepared by the Town/Vilhge Planner, Gary Palumbo, AICP. Dated January,
1998.
19. Adult Use Study in Newport News, VirEfini~. An analysis prepared by the
Depaiiiiient of planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Cnrnmunity for Sexually
Oriented Businesses. An analysis prepared by Laura Cothett Brown and Bruce A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAIND BY THE CITY COMMISSION OF
THE CITY OF DRI.RAY BE, ACH, FLORIDA:
Section 1. That Chapter Four, "zomg Regulations", Section 4.3.3(AA), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entertainment Establishments: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City
of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(I) No adult entertainment establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than
one thousand (1,000) feet from any house of worship, school residential zoning district,
community facilities zoning district (CF, OS, OSIL, CD) where the use is or is to be reg, hrly
frequented by the general public (i.e. community center, parks, courthouse, child care
facilities, offices, etc.) measured from lot line to lot line boundary along a straight airline
route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 fight-of-way.
3 ORD. NO. 43-03
(3) No adult entertainment establishment shall be located v/Jthin
....... j ~,ow .... two hundred (200) feet of an cxS;~ng alcoholic beverage
establishment, measured from lot line to lot line boundary along a straight airline route
except if the establishment permitting nudity, or partial nudi .ty is separated from an alcoholic
beverage establishment by a Railroad Corridor or an Arterial Roadway as the width of the
Railroad Corridor and/or Arterial Roadway shall be deemed a sufficient separation.
(4) Signage. Only one sign per adult entertainment establishment is
permitted, and such sign shall not extend above twelve (12) feet above ground level or have
an area of greater than thirty-six 06) square feet. No neon material shall be permitted on
the sign. All other restrictions of the sign code shall apply herewith.
(5) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(6) The minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
(7) Performers/entertainers or employees in the state of nudity or partial
nudity shall not approach with/n four feet of patrons, customers, or other employees or
other performers/entertainers, and must perform/entertain from a stage encompassing an
area of at least one hundred (100) square feet
Section 2. 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 decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Sectiorl 4. That this orrlin~nce shall become effective immediately upon its passage on
second and final reading.
4 ORD. NO. 43-03
,6~ P_A. SS~D. 4ND ADOPrISD in regular session on second and final reading on this ~ day
ofCKJ~Mgt, CtZ~ ,2003.
ATI'EST:
CITY CI,RRK
First ReadingS'
Second
5 ORD. NO. 43~03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~) ~- REGULAR MEETING OF DECEMBER 2, 2003
ORDINANCE NO. 43-03
NOVEMBER 26, 2003
This is second reading and second public herring for Ordinance No. 43-03 mending Chapter 4,
"Zoning Regulations", of the Land Devdopment Regulations, Section 4.3.3(AA) "Adult
Entertainment Establishments" to amend the distance limitation between any adult entertainment
establishment and alcoholic beverage establishment.
At the first reading on November 18, 2003, the Commission passed Ordinance No. 43-03.
Recommend approval of Ordinance No. 43-03 on second and final reading.
~\City Ckrk\agenda menm~.Ord 43-03.Adult Entertainment Est. IZOZ03
TO:
THRU:
FROM:
SUBJECT:
D~j,._D T. HA~DEI~ Cl,'rY MANAGER
OF PLA.. .G A.D ZO. .G
JE~?f'A'f'~'O'S31ELLO, ASSISTANT PLANNING DIRECTOR
MEETING OF NOVEMBER 18, 2003
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.3.3(AA) (ADULT ENTERTAINMENT ESTABLISHMENTS) IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ANY ADULT ENTERTAINMENT ESTABLISHMENT.
At its meeting of October 20, 2003, the Planning and Zoning Board recommended approval of
an LDR amendment regarding distance limitations between alcoholic beverage establishments
and adult entertainment establishments. The amendment included changing the distance
limitation between alcoholic beverage establishment and any adult entertainment establishment
from 750 feet to 200 feet. The amendment also included a change to the manner in which the
distance is measured from lot line to lot line along a straight airline route, to the shortest route of
ordinary pedestrian travel. Subsequent to the Planning and Zoning Board meeting, Staff
reconsidered the method of measurement and recommends that the measurement from lot line
to lot line along a straight airline route be retained.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. This amendment is being initiated more to establish reasonable
regulations than to fulfill any specific Comp Plan policy. While the amendment does not
specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
The Planning and Zoning Board will consider the amendment at their meeting of November 17,
2003. The Board's recommendation will be provided at the City Commission meeting.
By motion, approve on first reading the ordinance amending Land Development Regulations
Section 4.3.3(AA) (Adult Entertainment Establishments), based upon positive findings with LDR
Section 2.4.5(M).
Attachment: Ordinance by Others
ORDINANCE NO. 43-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF D!~r.RAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT
ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALRR CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority m
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home nile of power of the City of Delray
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of
the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the
City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the
adverse secondary effects of adult uses on the community which include but are not limited to the
following:
1132.
~'I~y of genton V- Pla.me Theaters. Inc., 475 U.S. 411 (1956), reh. denied. 475 U.S.
2. Young v. American Mini-Theaters. Inc.. 427 U.S. 50 (1975), rch. denied, 429 U.S.
873.
3. Barnes v. Glen Theater. Inc.. 501 U.S. 560 (1991).
4. City. of Los Angeles v. Alameda Books. Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 LEd.
2d 670 (2002).
5. Boss Capital. Inc. v. City. of Casselberty. 187 F.3d 1251 (11~h Cir. 1999).
6 Report on Zoning and Other Methods of Re_inflating Adult Entertainment in
Amarillo. (Texas) dated September 12, 1977.
7. R%mflation of Criminal Activity. and Adult Businesses. City of Phoenix, May, 1979.
26,1977.
Findings of the City Planning Commission of the City of New York dated January
9. Detroit's Approach to Re_malating the "Adult U~¢~" presented to American Institute
of Planners, Annual Conference, October 10, 1977.
10. Report to the City planning Commission and City Council from the Planning
Depaimient of the City of Beaumont, Texas dated September 14, 1982.
11. Legislative Report on an Ordinance Amending Section 28-73 of the Code of
Ordinances of the City of Houston. Texas: Providing for the R%malation of Sexually Oriented
Commercial Entem_ rises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and
Making Various Provisions and Findin~ Relating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special
Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated
May 19, 1986.
13. Adult Entertainment Business in Oklahoma City.. A Survey of Real Estate
Appraiser~. Report prepared by the Community Development Department of the City of
Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the
Depafmxent of Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff's Office report dated April, 1998.
2 ORD. NO. 43-03
16. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabaret. A
report prepared by the Director of the Department of Construction and Land Use of the City of
Seattle, Washington. Dated March 24, 1989.
17. Report to the American Center for Law and Justice on Secondary. Impact~ of Sex
Oriented Businesses. Peter R. Hecht, Ph.D, March 31, 1996.
Yozk.
1998.
18. Adult Business Study in Town and Village of Ellicottville. Cattam ~ugus County.. New
An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January,
19. Adult Use Study in Newport News. Vit_~fia. An analysis prepared by the
Depa~hnent of Planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Community for Sexually
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DFJ.RAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(AA), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entet~alnment Establislmaenta: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City
of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(1) No adult entertainment establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than
one thousand (1,000) feet from any house of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be reg, hrly
frequented by the general public (i.e. community center, parks, courthouse, child care
facilities, offices, etc.) measured from lot line to lot line boundary along a straight airline
route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 right-of-way.
3 ORD. NO. 43-03
(3) No adult entertainment establishment shall be located within :z-.-zz
.......... j ~, ~v/ .... two hundred (200~. . feet of an cx::~.~g alcoholic beverage
establishment, measured from lot line to lot line boundary along a straight airline route
except if the establishment permitting nudity or partial nudity, is separated from an alcoholic
beverage establishment by a Railroad Corridor or an Arterial Roadway as the width of the
Railroad Corridor and/or Arterial Roadway shall be deemed a sufficient separation.
(4) Signage. Only one sign per adult entertainment establishment is
permitted, and such sign shall not extend above twelve (12) feet above ground levd or have
an area of greater than thirty-six (36) square feet. No neon material shall be permitted on
the sign. All other restrictions of the s.xgn code shall apply herewith.
(5) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(6) The minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
(7) Performers/entertainers or employees in the state of nudity or partial
nudity shall not approach within four feet of patrons, customers, or other employees or
other performers/entertainers, and must perform/entertain from a stage encompass'nag an
area of at least one hundred (100) square feet.
Section 2. 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 decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this
,2003.
day
4 ORD. NO. 43-03
ATI'~ST:
MAYOR
CITY CLERK
First Reading
Second Reading
5 ORD. NO. 43-03
[ITY DF DELA;lY BE;I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
DATE:
MEMORANDUM
November 12, 2003
TO:
FROM:
City Commission
David T. Harden, City Manager
Terrill Pyburn, Assistant City Attorney
SUBJECT: Alcoholic Beverage Establishments and Nudity
Attached is Ordinance 43-03, which amends Section 4.3.3 (AA) of our Land
Development Regulations. The proposed amendment changes the current
distance requirement between adult entertainment establishments and alcoholic
beverage establishments from seven hundred and fifty (750) feet to two hundred
(200) feet with exception for alcoholic beverage establishments that are separated
from adult entertainment establishments by a Railroad/Corridor or an Arterial
Roadway as the width of the Railroad/Corridor and/or Arterial Roadway is a
sufficient separation. The manner of measurement is a straight aidine
measurement from property line to property line. Also, the ordinance has been
updated by including additional case law regarding public nudity, alcohol, and
zoning.
Please place the ordinance on the agenda for first reading.
Please let me know if you have any questions (7090). Thanks.
TCP:smk
Attachments
ORDINANCE NO. 43-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DRLRAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT
ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALFR CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of
the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the
City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the
adverse secondary effects of adult uses on the community which include but are not limited to the
following:
1132.
City of Renmn v. Pla.me Theaters. Inc., 475 U.S. 411 (1956), reh. denied. 475 U.S.
2. Young v. American Mini-Theaters. Inc.. 427 U.S. 50 (1975), reh. denied. 429 U.S.
873.
3. Barnes v. Glen Theater. Inc.. 501 U.S. 560 (1991).
4. City. of Los Angeles v. Alameda Books. Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 LEd.
2d 670 (2002).
5. Boss Capital Inc. v. City. of Casselberty.. 187 F.3d 1251 (112 Cir. 1999).
6 Report on Zoning and Other Methods of R%mlating Adult Entertainment in
Amarillg, (Texas) dated September 12, 1977.
7. R%mlation of Criminal Activity. and Adult Businesses. City of Phoenix, May, 1979.
26,1977.
Findings of the City Planning Commission of the City of New York dated January
9. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute
of Planners, Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council from the Planning
Depa, liiient of the City of Beaumont, Texas dated September 14, 1982.
11. Le~slative Report on an Ordinance Amending Section 28-73 of the Code of
Ordinances of the City of Hgoston, Tcx~; providing for the Re~mflafion of Sexually Oriented
Commerc'hal Enterprises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and
Making Various Provisions and Findin~ Relating m the Sub!ect. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special
Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated
May 19, 1986.
13. Adult Entertainment Business in Oklahoma Ci.ty. A Survey of Real Estate
Appraisers. Report prepared by the Community Development Department of the City of
Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult ]~gtertainment Businesses in Indianapolis. An analysis prepared by the
Depa~m~ent of Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff's Office report dated April, 1998.
2 ORD. NO. 43-03
16. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A
report prepared by the Director of the Department of Construction and Land Use of the City of
Seattle, Washington. Dated March 24, 1989.
17. Report to the American Center for Law and Justice on Secondary. Impacts of Sex
Oriented Businesses. Peter R. Hecht, Ph.D, March 31, 1996.
York.
1998.
18. Adult Bus'mess Study m Town and Village of F.11icottville. Cattara%gus County. New
An analysis prepared by the Town/Xrfllage Planner, Gary Palumbo, AICP. Dated January,
19. Adult Use Study in Newport News. Vir_~. An analysis prepared by the
Depa~t,~ent of Planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Community. for Sexually
Oriented Businesses. An analysis prepared by Laura Cothett Brown and Brace A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DI~I.RAy BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(A-A), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entertainment Establishments: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licenCmg
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City
of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(1) No adult enter~inment establishment shall be located on properties
with frontage on an medal road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than
one thousand (1,000) feet from any home of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the me is or is to be regnlarly
frequented by the general public (Le. community center, parks, courthouse, child care
facilities, offices, etc.) measured from lot line to lot Line boundary along a straight airline
route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 fight-of-way.
3 ORD. NO. 43--03
(3) No adult entertainment establishment shall be located within ;~-rzr.
.......... 2 ~,~v/ .... two hundred (200~. . feet of an z~:~ng alcoholic beverage
establishment, measured from lot line to lot line boundary along a straight airline route
except if the establishment permitting nudi .ty or partial nudity, is separated from an alcoholic
beverage establishment by a ll~ilroad Corridor or an Arterial Roadway a~ thc w/dth 9f ~¢
Railroad Corridor and/or Arterial Roadway shall be deemed a sufficient separation.
(4) Signage. Only one sign per adult entertainment establishment is
permitted, and such s'~n shall not extend above twelve (12) feet above ground level or have
an area of greater than thirty-six (36) square feet. No neon material shall be permitted on
the sign. All other restrictions of the ~xgn code shall apply herewith.
(5) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(6) Thc minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
Performers/entertainers or employees in thc state of nudity or partial
nudity shall not approach within four feet of patrons, customers, or other employees or
other performers/entertainers, and must perform/entertain from a stage encompassing an
area of at least one hundred (100) square feet.
Section ~. That should any section or provision of this ordin3nce or ~ny portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this
,2003.
day
4 ORD. NO. 43-03
ATf~SST:
MAYOR
CITY CLERK
First Reading
Second Reading
5 ORD. NO. 43-03
TO:
THRU:
FROM:
SUBJECT:
DAVID T~EN~NAGER
PAUL I::fORLING, DIREC~:~ OF PLANNING AND ZON~
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRVI~I~~ C~¢'''~-- ~"~ ~
MEETING OF NOVEMBER 4, 2003
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.3.3(AA) (ADULT ENTERTAINMENT ESTABLISHMENTS) IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ANY ADULT ENTERTAINMENT ESTABLISHMENT.
This amendment is being processed to establish reasonable and uniform regulations for the
adult entertainment industry that will protect the health, safety, property values, and general
welfare of the people, businesses, and industries of the City. Staff has reviewed reports,
studies, and judicial opinions concerning the adverse secondary effects of adult uses on the
community. As a result, the proposal is to amend the distance limitation between alcoholic
beverage establishment and any adult entertainment establishment from 750 feet to 200 feet.
This is a reasonable change given the other location restrictions, relating to the 1,000 foot
distance limitation between any adult entertainment establishment and any house of worship,
school, residential zoning districts, and community facilities regularly frequented by the general
public (i.e. community center, parks, courthouse, child care facilities, offices, etc.). In addition,
the amendment includes a change to the method of measurement between alcoholic beverage
establishments and any adult entertainment. Additional background and a complete analysis
are provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
October 20, 2003. There was a member of the public that had no objections to the amendment,
but recommended some grammatical changes to the ordinance. After discussing the
amendment, the Board voted 4-0 (Borchardt, Pike and Woehlkens absent) to recommend to the
City Commission approval of the proposed amendment to Section 4.3.3 (AA) (Adult
Entertainment Establishments) of the Land Development Regulations, in order to amend the
distance limitation between alcoholic beverage establishments and any adult entertainment
establishment, based upon positive findings with LDR Section 2.4.5(M). The proposed
ordinance includes the grammatical changes.
By motion, approve on first reading the ordinance amending Land Development Regulations
Section 4.3.3(AA) (Adult Entertainment Establishments), based upon the findings and
recommendations by the Planning and Zoning Board, and set a public hearing date of
November 18, 2003.
Attachments: P&Z Board Staff Report of October 20, 2003 & Ordinance by Others
MEETING OF:
AGENDA ITEM:
OCTOBER 20, 2003
IV.F. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.3.3(AA) (ADULT ENTERTAINMENT
ESTABLISHMENTS) IN ORDER TO AMEND THE DISTANCE
LIMITATION BETVVEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ANY ADULT ENTERTAINMENT
ESTABLISHMENT.
The item before the Board is an amendment to Section 4.3.3 (AA) (Adult Entertainment
Establishments) of the Land Development Regulations, in order to amend the distance
limitation between alcoholic beverage establishments and any adult entertainment
establishment, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
This amendment is being processed to establish reasonable and uniform regulations for
the adult entertainment industry that will protect the health, safety, property values, and
general welfare of the people, businesses, and industries of the City. Staff has
reviewed reports, studies, and judicial opinions concerning the adverse secondary
effects of adult uses on the community. As a result, the proposal is to amend the
distance limitation between alcoholic beverage establishment and any adult
entertainment establishment from 750 feet to 200 feet. This is a reasonable change
given the other location restrictions, relating to the 1,000 foot distance limitation
between any adult entertainment establishment and any house of worship, school,
residential zoning districts, and community facilities regularly frequented by the general
public (i.e. community center, parks, courthouse, child care facilities, offices, etc.).
In addition, the amendment includes a change to the manner in which the distance is
measured between alcoholic beverage establishments and any adult entertainment
establishments. Currently, the distance is measured from lot line to lot line along a
straight airline route. The proposal is to change the method of measurement between
alcoholic beverage establishments and any adult entertainment to state the following:
"the shortest route of ordinary pedestrian travel along ordinary thoroughfares from the
main entrance of the adult entertainment establishment to the main entrance of the
alcoholic beverage establishment, except if the establishment permitting nudity or partial
nudity is separated from an alcoholic beverage establishment by a railroad/corridor or
an arterial roadway wherein the width of the railroad/corridor and/or roadway shall be
IV.F.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Adult Entertainment Establishments
Page 2
deemed sufficient separation". Changes to Code of Ordinances Section 113.20 relating
to the above are also being modified and are being processed separately.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. As noted previously, this amendment is being
initiated more to establish reasonable regulations than to fulfill any specific Comp Plan
policy. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
By motion, recommend to the City Commission approval of the proposed amendment to
Section 4.3.3 (AA) (Adult Entertainment Establishments) of the Land Development
Regulations, in order to amend the distance limitation between alcoholic beverage
establishments and any adult entertainment establishment, based upon positive findings
with LDR Section 2.4.5(M).
Attachment: Proposed Amendment
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Adult Entertainment Establishments
Page 3
(AA) Adult Entertainment Establishments: In addition to the requirements of the
underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the
City of Delray Beach, the following requirements shall apply to adult entertainment
establishments:
(1) No adult entertainment establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than
one thousand (1,000) feet from any house of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be
regularly frequented by the general public (i.e. community center, parks, courthouse,
child care facilities, offices, etc.) measured from lot line to lot line boundary along a
straight airline route, except when the property containing the adult entertainment
establishment is separated from the above by the 1-95 right-of-way.
(3) No adult entertainment establishment shall be located within ccvcn
h,,nA,-~,-.I ~;R-,, /7~n~ ~'~+ tVVO hundred (200) feet of an ,,v;,,;,,,, alcoholic beverage
establishment measured ~-"'" '"* ';"" *c.v,'"* ....v""" ~v,..~_., ~' .... '~ .... _.~..=' .... c *-";"~'* ";-'; ...... v_*"~
by followin.q the shortest route of ordinary pedestrian travel alonq ordinary
thoroughfares from the main entrance of the adult entertainment establishment to the
main entrance of the alcoholic beveraqe establishment, except if the establishment
permittinq nudity or partial nudity is separated from an alcoholic beveraqe establishment
by a railroad/corridor or an arterial roadway wherein the width of the railroad/corridor
and/or roadway shall be deemed sufficient separation.
(4) Si~na~e. Only one sign per adult entertainment establishment is
permitted, and such sign shall not extend above twelve (12) feet above ground level or
have an aroa of greater than thirty-six (36) square feet. No neon material shall be
permitted on the sign. All other restrictions of the sign code shall apply herewith.
(5) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National
Register of Historic Places, unless the historic district, site or property was 3reviously
used for an adult entertainment type use.
(6) The minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms,
storage areas, and other non-public/customer area of the establishment.
(7) Performers/entertainers or employees in the state of nudity or
partial nudity shall not approach within four feet of patrons, customers, or other
employees or other performers/entertainers, and must perform/entertain from a stage
encompassing an area of at least one hundred (100) square feet.
ORDINANCE NO. 43-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS"; SECTION 4.3.3(AA), "ADULT ENTERTAINMENT
ESTABLISHMENTS", IN ORDER TO AMEND THE DISTANCE
LIMITATION BETVVEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ADULT ENTERTAINMENT
ESTABLISHMENTS IN ORDER TO PROVIDE FOR A DISTANCE
OF TVVO HUNDRED (200) FEET BETVVEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, including chapter
847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for
the City of Delray Beach, Florida, has considered reports, studies, and judicial opinions
concerning the adverse secondary effects of adult uses on the community which include but are
not limited to the following:
1. City of Renton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied, 475
U.S. 1132.
2. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S.
873.
3. Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991).
4. City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152
L.Ed. 2d 670 (2002).
5. Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999).
6 Report on Zoning and Other Methods of Re.qulating Adult Entertainment in Amarillo,
(Texas) dated September 12, 1977.
7. Requlation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
26,1977.
Findings of the City Planning Commission of the City of New York dated January
9. Detroit's Approach to Requlatinq the "Adult Uses" presented to American Institute of
Planners, Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council from the Planning
Department of the City of Beaumont, Texas dated September 14, 1982.
11. Leqislative Report on an Ordinance Amendinq Section 28-73 of the Code of
Ordinances of the City of Houston, Texas; Providing for the Requlation of Sexually Oriented
Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and Massaqe Establishments;
and Makin.q Various Provisions and Findinqs Relating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special
Programs Division of the Office of Land Development Services of the City of Austin, Texas.
Dated May 19, 1986.
13. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate
Appraisers. Report prepared by the Community Development Department of the City of
Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the
Department of Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff's Office report dated April, 1998.
16. Director's Report: Proposed Land Use Code Text Amendment, Adult Cabarets. A
report prepared by the Director of the Department of Construction and Land Use of the City of
Seattle, Washington. Dated March 24, 1989.
17. Report to the American Center for Law and Justice on Secondary Impacts of Sex
Oriented Businesses, Peter R. Hecht, Ph.D, March 31, 1996.
2 ORD. NO. 43-03
York.
1998.
18. Adult Business Study in Town and Villa,qe of Ellicottville, Cattarauqus County, New
An analysis prepared by the TownNillage Planner, Gary Palumbo, AICP. Dated January,
19. Adult Use Study in Newport News, Virqinia. An analysis prepared by the
Department of Planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Community for Sexually
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(AA), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entertainment Establishments: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the
City of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(1) No adult entertainment establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than one
thousand (1,000) feet from any house of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be
regularly frequented by the general public (i.e. community center, parks, courthouse, child
care facilities, offices, etc.) measured from lot line to lot line boundary along a straight
airline route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 right-of-way.
(3) No adult entertainment establishment shall be located within ~
.._.._.w~-"-"~-'--~ ~*"...., ,./Tcn~vv, ~""*.vv. two hundred (200) feet of an ~ alcoholic beverage
establishment, measured from lot """ *" ~"* "~" ~' .... '~ .... ~ ..... +'"~"~'* ~;~" ...... *~ by
followin.q the shortest route of ordinary pedestrian travel alonq ordinary thorou,qhfares from
the main entrance of the adult entertainment establishment to the main entrance of the
alcoholic beveraqe establishment except if the establishment permittin,q nudity or partial
nudity is separated from an alcoholic beveraqe establishment by a Railroad/Corridor or an
3 ORD. NO. 43-03
Arterial roadway as the width of the Railroad/Corridor and/or Arterial Roadway shall be
deemed a sufficient separation.
(4) Signage. Only one sign per adult entertainment establishment is
permitted, and such sign shall not extend above twelve (12) feet above ground level or
have an area of greater than thirty-six (36) square feet. No neon material shall be
permitted on the sign. All other restrictions of the sign code shall apply herewith.
(5) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(6) The minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
(7) Performers/entertainers or employees in the state of nudity or partial
nudity shall not approach within four feet of patrons, customers, or other employees or
other performers/entertainers, and must perform/entertain from a stage encompassing an
area of at least one hundred (100) square feet.
Section 2. 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 decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this __
,2003.
day
ATTEST:
CITY CLERK
First Reading.
Second Reading.
4
MAYOR
ORD. NO. 43-03
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS" SECTION 4,3.3(AA),
"ADULT ENTE.R,,TA,,INMENT
ESTABLISHMENTS , IN ORDER TO
AMEND THE DISTANCE LIMITATION
BETWEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ADULT
ENTERTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF
TWO HUNDRED '(200) FEET
AN ORDINANCE OF THE CITY COt,'IMISSlON OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
............. o ~ ~.m.I~HMENTS, IN ORDER TO AMEND THE
DISTANCE UMITATION B~EEN ALCOHOLId BEVERAGE ESTABUSHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS IN ORDER TO PROVIDE FOR A
DISTANCE OF TWO HUNDRED (200} FEET BETWEEN ANY ALCOHOLIC BEVERAGE
ESTABLISHMENT AND ANy ADULT ENTERTAINMENT ESTABLISHMENT; PROVIDIN~
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commissk~ wifl onflduct two (2) Pub[,c Hearings for the purpose of accepting
~ublic te~tirn°nY re--rig the pmpon~d o,,dinenue. The first Public Hearing wfll be hofd oft
TUESDAY. NOV~MR~=~ 4. 2003, AT 7.00 p II in the Commission Chambers at City Hall,
100 ?.W. 1st Avenue, Delray Beach, Florida. If the p~ueed ordinance is passed on first
reading, a second Pubitc. Hea~. ng will be held on TUESDAY. NO¥~=um=e 18. 2003. AT
7.00 P.M. (or at any conunuation of such meeting which is set by the Commission).
NI iatorested cltizen~ are invifed to attend the public hemings end onmment upon the
proposed om'inance or submit their comments in wflifng on or before the date of ~'"',~e
headngs to the Plannthg and Zonlng Department. Foi. furth~ ,~fmmaUon or to obtain a
c°py of the ProPosed ordionnce, ptease contact tbe Planning end Zoning Department, Cify
'~,,,vu~,mVueach. Cml~) or calll 561/2
a,~ ....... ~ ng 43-7040),.behvenn the hours of 8 00 a m
-,,~ -,.,~,~ p.m., Mo~oay mmugh Friday, excluding holidays
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANy DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANy MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONy AND EVIDENCE UPON WHICH THE APPEAL
IS TO SE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO F.S. 286 0105.
CITY OF DELRAy BEACH
Berbera Gorifo, CMC
Cify Ck~th
PUBLISH: Monday, Octo~ 27, 2003
Wednesday, Novembm. 12, 2003
Beca Raton/O~y Beacll News
Ad~qS100370
cITY OF DELRAY BEACH
NOnCE OF PROPOS
TO THE LAND DEVELOPMENT
FOUR, "ZONING REGULATIONS'~.-
SEC'nON 433(A "N:XJLT
IN ORDER TO AMEND THE
DISTANCE UMITATION BETWEEN
'ALCOHOEC BEVERAGE
ESTABUSHMENTS AND ADULT
EN'I'ERI'~ EST~
IN ORDER TO PROVIDE FOR A
DISTANCE OF TWO HUNDRED
(200) FEEl' BE'I~/EEN ANY
ALCOHOUC BEVERAGE
ESTABL~HMEI~r AND Al~
ADULT ENTERTAINMENT
ESTABMSHMENT
PUBLISH:
cITY OF DELRAY BEACH
TO THE LAND DEVELOPMENT
FOUR~ "ZONING REGULATIONS"
SECTION ~"AIX~T
IN ORDER TO AMEND THE
DISTANCE UMITATION BETWEEN
ALCOHOMC BEVERAGE
ESTABMSHMENTS AND ADULT
IN ORDER TO PROVIDE FOR A
DISTANCE OF TWO HUNDRED
(200) FEET BET1NEEN ANY
ALCOHOEC BEVERAGE
ESTABUSHMENT AND ANY
ADULT ENTERTAINMENT
ESTABUSHMENT