35-90 ORDINANCE NO. 35-90
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
~i~i DF -2LR?.UJ · 227.~ii, FLC2iZA, DY ENACTING A NEW
SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL
NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTAB-
LISHMENTS'', PROVIDING FOR THE DEFINITIONS OF "ALCO-
HOLIC BEVERAGE ESTABLISHMENT", "NUDITY", "PARTIAL
NUDITY", PROHIBITING NUDITY, PARTIAL NUDITY AND
SEXUAL CONDUCT WHERE ALCOHOLIC BEVERAGES, BEER OR
WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON
THE PREMISES AND PROHIBITING ANY PERSON MAINTAINING,
OWNING OR OPERATING AN ESTABLISHMF_/~T WHERE ALCOHOLIC
BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED FOR SALE
FOR CONSUMPTION ON THE PREMISES FROM PERMITTING OR
SUFFERING TOTAL NUDITY IN SUCH ESTABLISHMENT;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, determines that permitting or suffering nudity or partial
nudity within alcoholic beverage establishments is injurious to the
citizens of the City of Delray Beach; and,
WHEREAS, in order to preserve the public peace and good order
and to safeguard the health, safety and welfare of the community and the
citizens of the City of Delray Beach, Florida it is necessary and
advisable to regulate and restrict the conduct of owners, operators,
agents, employees, entertainers, performers, patrons and persons on the
premises of alcoholic beverage establishments from permitting or suffer-
ing nudity or partial nudity within the City of Delray Beach, Florida.
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" of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same
is hereby amended by enacting a new Section 113.20, "Prohibition of
nudity, partial nudity, sexual conduct at alcoholic beverage establish-
ments''.
Sec. 113.20 Prohibition of nudity, partial nudity, sexual conduct
at alcoholic beverage establishments.
(A) Definitions.
(1) "Alcoholic Beverage Establishment" means any establish-
ment located in the City of Delray Beach which alcoholic
beverages, beer or wine are offered for sale for consump-
tion on the premises.
(2) "Nudity" means the exposing to public view of the human
male or female genitals, pubic area, cleavage of the
human buttocks, or that portion of the human female
breast encompassed within an area following below the
horizontal line one would have to draw to intersect a
point immediately above the top of the areola (the
colored ring around the nipple).
(3) "Partial nudity" means the exposing to public view of the
human male or female cleavage of the human buttocks or
that portion of the human female breast encompassed with
an area falling below the horizontal line one would have
to draw to intersect a point immediately above the top of
the areola (the colored ring around the nipple) with less
than a full opaque covering; or the depiction of covered
human male genitals in a discernibly turgid state.
(B) Nudity, Partial Nudity, and Sexual Conduct Prohibited.
(1) No person shall engage in nudity in any alcoholic bever-
age establishment.
(2) No person 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
to engage in nudity or partial nudity within any alco-
holic 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, beastiality, oral copulation, flagellation,
any sexual act which is prohibited by law, touching,
caressing, or fondling of the breasts, buttocks, or any
portion of thereof, anus, or genitals or the simulation
thereof, within any alcoholic beverage establishment.
(C) No establishment permitting nudity or partial nudity may be
located within Seven Hundred Fifty (750) feet of any parcel of
land upon which an alcoholic beverage establishment is
located.
(D) For purposes of the above Subsection (C) distance shall be by
airline measurement from property line to property line using
the closest property lines of the parcels of land involved.
The term parcel of land means any quantity of land capable of
being described with such definiteness that its location and
boundaries may be established, which is designated by its
owner or developer as land to be used or developed as a lot or
which has been used or developed as a lot.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
2 ORD. NO. 35-90
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
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 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED mD ADOPTED in regular session on second and final
reading on this the 28th day of August , 1990.
A~EST:
City Clerk - ~ /
First Reading August 14, 1990
Second Readin~ August 28, 1990
3 £?~.. NO. 35-90