Ord 03-04ORDINANCE NO. 3-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BF_,ACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DRI.RAY BEACH, AMENDING APPENDIX "A", BY
AMENDING THE DEFINITION OF "ADULT
ENTERTAINMENT ESTABLISHMENT" IN ORDER TO
PROVIDE FOR THE INCLUSION OF ADULT NOVELTY
STORES IN THE DEFINITION OF ADULT
ENTERTAINMENT ESTABLISHMENT AND ENACTING
A DEFINITION OF ADULT NOVELTY STORE;
PROVIDING A SAVING 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, the City Commission enacts this ordinance in the interest of the public health,
peace, safety, morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article
VII, Sections 2Co) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the
Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA:
Section 1. That Appendix "A" be amended as follows:
ADULT ENTERTAINMENT ESTABLISHMENT: (A) Any adult arcade, adult
bookstore/adult video store, adult novelty, store, or adult dancing establishment; or any
other establishment or business operated for commercial gain where any employee, operator
or owner engages in nudity or partial nudity including but not limited to: massage
establishments, whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning
salons, modeling studios or lingerie studios. 03) Excluded from this definition are any
educational institutions where engaging in nudity or partial nudity is associated with a
curriculum or program. (C) An establishment that possesses an adult entertainment license
through Palm Beach County is presumed to be an Adult Entertainment Establishment
ADULT NOVELTY STORE: An esmhli,hment which sells or offers instruments.
novelties, devices or ?r~phernalia which are des'_amed for use in connection with specified
sexual activities.
S¢stion 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same axe hereby repealed.
Section 4.
second and final reading.
-t )'^SS~D fiND ~I~Om~D in rev,~,r session on second ana r~ reaUing on this
o~~ ,2004.
That this orrlin~nce shall become effective immediately upon its passage on
day
-CITY CI
First Readin~6~
Second Rea~,
2 ORD. NO. 34}4
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~1> - REGULAR MEETING OF FEBRUARY 3. 2004
ORDINANCE NO. 3-04 (AMENDING LAND DEVELOPMENT
REGULATIONS APPENDIX A "DEFINITIONS")
JANUARY 30, 2004
This is second reading and second public heating for Ordinance No. 3-04 mending the Land
Development Regulations Appendix A "Definitions" to amend the definition of adult entertainment
establishment to provide for the inclusion of Adult Novelty Stores and to provide a definition of
Adult Novelty Stores.
At the first reading on January 6, 200~, the Commission passed Ordinance No. 3-04.
Recommend approval of Ordinance No. 3-04 on second and final reading.
S:\City Clerk\agenda mem~.Ord 3-04.Adult Novel~ Stores.0Z03.04
TO:
THRU:
FROM:
SUBJECT:
JEFFREY COS. O. -
MEETING OF JANUARY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX A
"DEFINITIONS" TO AMEND THE DEFINITION OF ADULT ENTERTAINMENT
ESTABLISHMENT TO PROVIDE FOR THE INCLUSION OF ADULT NOVEL~
STORES AND TO PROVIDE A DEFINITION OF ADULT NOVEL~ STORES.
This amendment is being processed to clarify the current definition of Adult Entertainment
Establishment. The amendment provides for the inclusion of adult novelty stores as adult entertainment
establishments and provides a definition of adult novelty stores.
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 for "housekeeping"
purposes 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 held a public hearing regarding this item at its meeting of December 15,
2003. There was a member of the public that had a concern that the ordinance only related to
businesses that are operated for commercial gain and did not include non-profit organizations. He also
had a concern with the definition of Adult Novelty Store where it states "specified sexual activities". After
discussing the amendment, the Board voted 5-0 (Krall and Pike absent) to recommend to the City
Commission approval of the proposed amendment to Appendix A "Definitions" to amend the definition of
Adult Entertainment Establishment and to provide a definition of Adult Novelty Stores, based upon
positive findings with LDR Section 2.4.5(M). The concerns raised have been discussed with the City
Attorney's office and no changes are proposed as the proposed ordinance is consistent with the Palm
Beach County ordinance, which defines "commercial gain" and "specified sexual activities".
By motion, approve on first reading the ordinance amending Land Development Regulations Appendix A
"Definitions" to amend the definition of Adult Entertainment Establishment and to provide a definition of
Adult Novelty Stores, based upon positive findings with LDR Section 2.4.5(M), and set a public hearing
date of February 3, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 3-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELKAY BEACH, AMENDING APPENDIX "A", BY
AMENDING THE DEFINITION OF "ADULT
ENTERTAINMENT ESTABLISHMENT" IN ORDER TO
PROVIDE FOR THE INCLUSION OF ADULT NOVELTY
STORES IN THE DEFINITION OF ADULT
ENTERTAINMENT ESTABLISHMENT AND ENACTING
A DEFINITION OF ADULT NOVELTY STORE;
PROVIDING A SAVING 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, the City Commission enacts this ordinance in the interest of the public health,
peace, safety, morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article
VII, Sections 2(1>) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the
Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" be amended as follows:
ADULT ENTERTAINMENT ESTABLISHMENT: (A) Any adult arcade, adult
bookstore/adult video store, adult novelty, store, or adult dancing establishment; or any
other establishment or business operated for commercial gain where any employee, operator
or owner engages in nudity or partial nudity including but not limited to: massage
establishments, whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning
salons, modeling studios or lingerie studios. (B) Excluded from this definition are any
educational institutions where engaging in nudity or partial nudity is associated with a
curriculum or program. (C) An establishment that possesses an adult entertainment license
through Palm Beach County is presumed to be an Adult Entertainment Establishment.
ADULT NOVELTY STORE: An establishment which sells or offers instruments.
novelties, device~ or paraphernalia which are desigmed for use in connection with specified
sexual activities.
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 mediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this
., 2004.
day
ATI'I~ST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 3-04
CITY OF DB, RAY BEACH
NOTICE OF PROPOSED AM~DMENT
TO APPENDIX "A" OF THE LAND
DEVELOPMENT REGULATIONS,
AMENDING THE DEFINITION OF ADULT
ENTERTAINMENT ESTABLISHMENTS TO
PROVIDE FOR THE INCLUSION OF ADULT
NOVELTY STORES AND TO PROVIDE FOR
A DEFINITION OF ADULT NOVELTY
STORES
/~N ORDINAN(~ OF THE cr~ COMMISSION OF THE ~ OF DELRAY BEACH, R.OPJ-
DA, AMEND~JG THE LAND DEVB.~ REGULA'flONS OF THE CRY OF DELRAY
BEACH, AMENDING APPENDIX "A", BY Nv'lENDING THE ~ OF "ADULT
~q/bRIAmNMENT ESTASUSHMENT" IN ORD6RTO PROVIDE FORll-IE ~ICE.~ION OF
ADULT ~ ~ IN THE DF:RNFilON OF ADULT I~.NNMB'il' ESI'AB-
LISHMENT AND B~CRNG A D~:)NmON OF ADULT NOVELIY STORE; PROVIDING A
SAVING CLAU~E A GBdE)~AL ~ CLAIRE, AND AN ~H:CTME DALE.
CITY OF DELRAY BEACH
Barbara Garito, CMO
' City Clerk
PUBLISH: Tuesday, December 30, 2003
Wednesday, January 28, 2004
Boca R.at~n/Delra~y Beach News
~i::l~f ns1201'35~ ..........
CITY OFDELRAY BEACI
NOTICE OF PROPOSED AMENDMENTTO APPENDIX "A"
OFTHE LAND DEVELOPMENT REGULATIONS~ AMEND-
lNG THE.DEFINITION OF A~I~T ENTERTAINMENT '
ESTABLISHMENTS'~O PROVIDE FOR THE INCLUSION OF
ADULT NOVELTY sTORES ANDq'O PROVIDE FOR A
DEFINmON oF ADULT NOVELTY STOREs
AN(~:~DINANCEOF THE ciTY'COMMISSION OFTHECITY
OF DELRAY B~H,-FLORIDA~ AMENDING THE LAND
DEVELOPMENT~ REGULATIONS OF t~HE CITY OF DELRAY
BEAGH AMENDIN. G APPENDIX "A*?B~'~,~ENDING THE
DEFINtTION'OF ADULT ENTERTAINMENT-ESTABLISH-
MENT" tN ORDER TO PROVIDE FOR THE INCLUSION OF
ADULT NOVELTY STORES IN THE DEFINITION :oF ADULT
ENTERTAINMENT ESTABLISHMENT AND ENACTING A
DEFINITION OF 'ADULT NOVELTY sTORE,b~' PROVIDING
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
The City Commission will ~uct two (2)Public Hearings ~r
the purpose O~ ~ing piiblic testinl~my ~ing
posed ordinance, The~first Public he~..
TUESDAY'.. JANUARY
Commission Chambem,at City H~. ~t00 N~lst*!Avenue,
first reading, a second~P~ublic Hearing w~Jl be held oq,]]~.,~
DAY. FEBRUARY 3. 2e04. AT 7:00 P.M. (or at any continua-
tion of such .n~e., ting which is se~ by the Commission).
All interested citizens am invited to attend the public hearings and
comment upon the proposed ordinance or submit their (:om-
[ aed Zoning Department. For
a
SUCH PERSON MAY NEED TO ENSURE THAT
THE APPEAL IS TO BE BASED.
;~THE CITY DOES NOT PR~OV. DE NOR PREPARE SUCH
RECORD p~RSUANT~TO F,~. 286~0105.
CITY OF DELRAY BEACH
Ba~oara Garito, CMC
December 29, 2OO3 '
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