SEXUALLY ORIENTED BUSINESSES

Cape Coral Code of Ordinances ch. 12, art. VI

in effect

Cape Coral Code of Ordinances § 12-60 Authority.

§ 12-60 - Authority. This article is enacted pursuant to the home rule powers of the City of Cape Coral, Florida, (F.S. § 166.021 and Article 8, § 2(b) of the Florida Constitution) in the interest of the health, peace, safety and general welfare of the people of the City of Cape Coral, Florida and under the authority of the City of Cape Coral to regulate the sale and consumption of alcoholic beverages under the Twenty-First Amendment of the United States Constitution and under the authority of the United States Constitution, the Florida Constitution and all statutes and laws enacted pursuant thereto.

Cape Coral Code of Ordinances § 12-61 Intent.

§ 12-61 - Intent. It is the intent of this article to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city. It is further the intent of this article to prohibit public nudity and to restrict the location of sexually oriented businesses. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment in their intended market; nor to prohibit nudity in truly private places or to prohibit nudity which is protected by the United States or Florida Constitutions.

Cape Coral Code of Ordinances § 12-62 Definitions.

§ 12-62 - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings set forth herein, except where the context clearly indicates a different meaning. ALCOHOLIC BEVERAGES. All beverages containing more than 1% of alcohol by weight, including, but not limited to, beer and wine. CONVICTION and/or CONVICTED. Any adjudication of guilt on whatever verdict or plea, including a plea of nolo contendere. EMPLOYEE. Any person who is paid or employed, directly or indirectly, by a sexually oriented business, or its clients, patrons and/or agents, for the person's services to the sexually oriented business as owner, investor, manager, performer, clerical staff or any other position, whether the person is on the payroll, paid a salary, paid a commission or is an independent contractor or subcontractor. NET FLOOR AREA. The area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features. NUDE or NUDITY. (1) Any person who is insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering: a. The male or female genitals; b. The male or female pubic area; c. The nipple and the areola of the female breast; or d. Cleavage of the human buttocks. (2) Body paint; body dyes; tattoos; liquid latex, whether wet or dried; and similar substances shall not be considered opaque covering. PRE-EXISTING. (1) When used together with the term "sexually oriented business", "duplex dwelling", "multi-family dwelling", single-family dwelling", "school: non-profit, private, public or parochial- group I", "child care facility", "place(s) of worship", "religious facility", "commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol" means as follows: a. The foregoing business, dwelling, school, facility, place of worship, or establishment is already being lawfully used or lawfully occupied; b. A building permit for the business, dwelling, school, facility, place of worship or establishment has been lawfully issued, all fees associated with the permit have been paid, and the permit has not expired; or c. An application or plan to allow the business, dwelling, school, facility, place of worship or establishment to be constructed, used or occupied has been filed with the city and is undergoing review or is approved, with or without conditions. (2) When used together with the term "park", the word PRE-EXISTING means as follows: a. The park is already being used; or b. The park site has been approved or otherwise designated by the appropriate governing body. PRIMARY BUSINESS. Any single line business which derives at least 51% of its gross annual revenue, or which utilizes at least 51% of its net floor area to activities regulated by this article. SEXUALLY ORIENTED BUSINESS. Any use which consists of trade in books, magazines, newspapers, periodicals or other printed matter; paintings, drawings, photographic material, films, motion pictures, video cassettes, video disks, slides, computer disks, tapes, programs or other graphic media; audio tapes, recordings, disks, telephone "sex talks," recorded messages; or live entertainment (not protected by the U.S. or Florida Constitutions) which is characterized by its emphasis on specified anatomical areas or on matter depicting, illustrating, describing or relating to specified sexual activities; or employs personnel who in the course of their duties exhibit specified anatomical areas as defined in this section. It may include, but is not limited to, the following: (1) ADULT PHOTOGRAPHIC STUDIO. A commercial establishment which offers or advertises the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas. (2) ADULT THEATER. A commercial establishment, which, as its primary business, or as a significant portion of its business, presents either filmed or live plays, dances or other exhibitions, either by individuals or groups, distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (3) ARCADE. Any public place where coin operated or token operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to one or more persons per machine at any one time, and where the images so displayed depict specified sexual activities or specified anatomical areas. (4) BOOKSTORE or VIDEO STORE. Any commercial establishment which as its primary business, or as a significant portion of its business, offers for sale or rental for any form of consideration, any books, magazines, newspapers, periodicals or other printed matter; paintings, drawings, photographic material, films, motion pictures, video cassettes, video disks, slides, computer disks, tapes, programs or other graphic media; audio tapes, recordings, disks, telephone "sex talks" or recorded messages; which is characterized by its emphasis on matters depicting, illustrating, describing or relating to specified sexual activities or on specified anatomical areas. (5) MOTELS. A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and as a significant portion of its business provides patrons with access to material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (6) NUDE STUDIO. Any place of business which, as a significant portion of its business, permits a person to appear nude for the purpose of being sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration. (7) RESTAURANT, DINNER THEATER, BAR, COCKTAIL LOUNGE or NIGHTCLUB. As defined in the City of Cape Coral Land Development Code whose business includes: a. Persons who exhibit specified anatomical areas; and/or b. Live performances which include specified sexual activities and/or the exhibition of specified anatomical areas. (8) SEXUAL ENCOUNTER CENTER. A commercial enterprise that, as its primary business or as a significant portion of its business, offers or exhibits physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons of the same sex when one or more of the persons appears in such a state that specified anatomical areas are visible. SIGNIFICANT PORTION OF ITS BUSINESS. Any multiple line business which derives at least 10% of its gross annual revenue, or devotes 10% of its net floor area to activities regulated by this article. SPECIFIED ANATOMICAL AREAS. The following, when the areas are less than completely and opaquely covered: (1) The human genitals or pubic region; (2) Any part of the human buttocks; or (3) That portion of the human female breast encompassed within 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). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed. SPECIFIED ANATOMICAL AREAS. The human male genitals in a discernibly erect or turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES. The following: (1) Human genitals in a state of sexual stimulation, arousal, erection or tumescence; (2) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; (3) Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia; or (4) Excretory functions as part of or in connection with any of the activities set forth in the foregoing paragraphs. STRADDLE DANCE. Also known as LAP DANCE or FACE DANCE. The use, by an employee of a sexually oriented business, of any part of his or her body to touch the genital or pubic area of another person while at the establishment; or the touching of the genital or pubic area of any employee by another person while at the establishment. Such "touch" or "touching" shall be deemed a STRADDLE DANCE regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing any specified anatomical area and also regardless of whether the "touch" or "touching" is direct or through a medium. TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS. The sale, lease or sublease of the business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998)

Cape Coral Code of Ordinances § 12-63 Nudity prohibited in public places.

§ 12-63 - Nudity prohibited in public places. It shall be unlawful for any person to knowingly, intentionally or recklessly appear, or cause another person to appear, nude in a public place or in any other place which is readily visible to the public, except as provided in § 12-64. It shall also be unlawful for any person or entity maintaining, owning or operating any public place establishment to encourage, suffer or allow any person to appear nude in such public place, except as provided in § 12-64.

Cape Coral Code of Ordinances § 12-64 Exemptions.

§ 12-64 - Exemptions. The prohibitions of § 12-65 of this article shall not apply: (a) When a person appears nude in a place provided or set apart for nudity, provided: (1) The person is nude for the sole purpose of performing the legal function(s) that is (are) customarily intended to be performed within the place provided or set apart for nudity; and (2) The person is not nude for the purpose of obtaining money or other financial gain for the person or for another person or entity. (b) When the conduct of being nude cannot legally be prohibited by this article: (1) Because it constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain and as such is protected by the United States and Florida Constitutions; or (2) Because it is otherwise protected by the United States or Florida Constitution.

Cape Coral Code of Ordinances § 12-65 Location of sexually oriented businesses.

§ 12-65 - Location of sexually oriented businesses. (a) Subject to the limitations contained in division (b) hereof, a sexually oriented business may be located only in the Industrial (I-1) and Thoroughfare Commercial (C-3) zoning districts. (b) The location of a sexually oriented business shall be subject to the following limitations. (1) No sexually oriented business shall be located within 1,000 feet of another sexually oriented business. (2) No sexually oriented business shall be located within 300 feet of any of the following zoning districts: a. Single-Family Residential (R-1A and R-1B); b. Multi-Family Residential (R-3); c. Residential Development (RD); d. Residential Estate (RE); e. Residential Receiving (RX); and f. Places of Worship (W); (3) No sexually oriented business shall be located within 300 feet of the following preexisting land uses: "Duplex dwelling", "multi-family dwelling", "single-family dwelling", "school: non-profit, private, public or parochial- group I", "child care facility", "places of worship", "religious facility" or "park." [See § 4.1.6, and Article 11 of the City of Cape Coral Land Development Code.] In addition, no sexually oriented business shall be located within 300 feet of any pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, including but not limited to, bottle clubs, nightclubs, package stores, bars, or lounges. (4) The distances specified herein shall be measured from the property line of the parcel on which the sexually oriented business is located to the property line of the zoning districts identified in subsection (B)(2) above, of the parcel containing any of the uses specified in subsection (B)(3) above, of the parcel containing any pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or of the parcel containing another sexually oriented business. The distance shall be measured in a straight line between the nearest point on said property lines. However, in the event the sexually oriented business is located or proposed to be located in a multi-use building or structure which also contains a use specified in subsection (B)(3) above, a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or another sexually oriented business, the distance shall be measured from the closest portion of the building or structure utilized or to be utilized for the sexually oriented business to the closest portion of the building or structure utilized for a use specified in subsection (B)(3) above, utilized for a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or utilized for another sexually oriented business. (5) A sexually oriented business shall comply with all applicable requirements of the zoning district in which the business is located or proposed to be located, in addition to the requirements of this article. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this article. Nothing in this article shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity. (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998)

Cape Coral Code of Ordinances § 12-66 Non-conforming sexually oriented businesses.

§ 12-66 - Non-conforming sexually oriented businesses. (a) Sexually oriented businesses that have established or commenced business at their existing locations on or before the effective date of this article, and which are not in conformity with the location requirements of § 12-65, may continue to operate for 12 months after the effective date of this article, unless terminated sooner for failure to obtain the permits required by this article, voluntary discontinuation of busi-ness for a period of 30 days or more, or suspension or revocation of the sexually oriented business permit. The non-conforming sexually oriented businesses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. After 12 months from the effective date of this article, a non-conforming sexually oriented business shall be deemed to be operating in violation of this article. (b) If two or more sexually oriented businesses are within 1,000 feet of one another, but both are otherwise in a permissible location, the sexually oriented business which has been in continual operation at the particular location for the longest period is the conforming use and the later-established sexually oriented business is the non-conforming use. For purposes of this article, a sexually oriented business shall be deemed to have been in "continual operation" provided it has been open to the public for business continually with no break in service longer than 14 consecutive days. (c) A sexually oriented business that is lawfully operating or permitted to operate as a conforming use shall not be rendered a non-conforming use through the subsequent location of one of the land uses identified in § 12-65(B)(3) or of one of the zoning districts identified in § 12-65(B)(2).

Cape Coral Code of Ordinances § 12-67 Sexually oriented business permits.

§ 12-67 - Sexually oriented business permits. (a) Permit required. No sexually oriented business, as defined in this article, shall be allowed to commence or continue to operate without first obtaining a valid sexually oriented business permit. Any person desiring to locate, operate or continue operation of any sexually oriented business shall be required to obtain a permit from the city before the establishment, commencement or continuation of the business. Sexually oriented businesses which have been established or have commenced business at their existing locations prior to the effective date of this article shall be required to obtain a sexually oriented business permit from the city within 90 days from the effective date of this article. (b) Fee. A fee in the amount of $300 shall be charged for each sexually oriented business use permit application to cover administrative expenses. The fee shall be separate and distinct from business licenses, local business tax receipts or other building licenses or fees. (c) Permit applications. (1) Applications for permits to operate sexually oriented businesses shall be submitted to the city, together with the appropriate application fee, by the owner of the business on forms supplied by the Department of Community Development. (2) All applications for permits to operate sexually oriented businesses shall include the following: a. If the applicant is an individual, his or her legal name and any and all aliases; b. If the applicant is a partnership, the full name of all partners whether general or limited, as well as any and all aliases of the partners; c. If the applicant is a corporation, the official corporate name and state of incorporation, and the names and aliases of all officers, directors and shareholders; d. The name under which the business will be operated and a general description of the services or goods to be provided. If the applicant intends to conduct the business under a name other than that of the applicant, the establishment's fictitious name and proof that the applicant has complied with the Fictitious Name Law; e. The telephone number(s) of the business; f. The address and legal description of the property occupied or proposed to be occupied by the business. If only a portion of the premises is to be used for the sexually oriented business, the applicant shall also submit a sketch or description indicating the portion of the premises that will be used by the business; g. If the applicant is not the record owner of the subject parcel, the applicant must include a letter, signed by the record owner in the presence of a notary, stating that the applicant is authorized to seek a sexually oriented business permit for the premises; h. A map showing the location of all of the following existing uses which are within 300 feet of the proposed location: "School: non-profit, private, public or parochial-group i", "child care facility", "places of worship", "religious facility" or "park." The map shall also show the location of all other sexually oriented businesses which are located within 1,500 feet of the proposed location for which the permit is being sought; i. The application must be accompanied by a plan or diagram which shows the configuration of the premises, including a statement of the total floor space to be occupied by the sexually oriented business in relation to the total floor space of the premises. The plan or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; j. If the applicant's proposed permit is for an existing sexually oriented business, the date of commencement of operation as such use as well as the date(s) of any breaks in operation of longer than 14 days' duration; and k. Disclosure of any criminal convictions within the previous five years of the owner, manager, clerk or operator, employee, partner, officer or director of the business, or any person who has a financial interest in the business. For purposes of this section, a person shall be deemed to have a "financial interest" in the business if he or she shares in any financial gain attributable to the business on the basis of a percentage in excess of 5% of gross revenues or 10% of net revenue or, for a corporation, if he or she is a shareholder holding more than 5% of the shares thereof. (3) In addition to the above application information, the applicant shall also submit to having his or her fingerprints taken and allow for a photograph to be taken by the city's Police Department. The fingerprints and photographs shall be attached to and form a part of the application for a permit to operate a sexually oriented business. (4) Upon receipt of a completed application, the Department of Community Development shall verify the accuracy of the map and plan submitted with the application. (5) The city's Police Department shall check for any convictions within the previous five years of any owner, manager, operator, partner, officer, director, stockholder or other person with a financial interest in the business, for any of the following crimes or offenses: a. Sexual battery; b. Prostitution; c. Lewdness; d. Sexual abuse of a child; e. Incest; f. Disorderly conduct ordinances; g. Indecent behavior; h. Previous violations of this article; and i. An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of any county or municipality. (6) If the city determines that the applicant has not properly and/or fully completed the application for a sexually oriented business permit, then the city shall promptly notify the applicant of the fact and shall allow the applicant ten days to properly and fully complete the application. If the applicant then fails to properly and fully complete the application within the ten day time period, then the application shall be deemed to have been withdrawn by the applicant. The time period for granting or denying a permit shall be stayed during the period allowed to properly and fully complete the application. (7) The applicant shall be responsible for keeping the information provided to the city on the application current. Any change in any of the information contained on the application shall be reported by the applicant in writing to the city within three business days. (d) Issuance of permit. (1) All permit applications shall be acted upon by the city within 30 days from the date of filing of a properly completed application. Upon the expiration of the thirty-first day, the applicant may be permitted to begin operation of the establishment for which a permit is sought unless and until the city notifies the applicant of a denial of the application and states the reasons for that denial. (2) The city shall grant the application unless one or more of the criteria set forth in subsection (e) below is present. The permit, if granted, shall state on its face the name of the person or persons to who it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that it is easily read at all times. (e) Denial of application for permit. (1) The city shall deny the application for any one or more of the following reasons: a. The application contains material false information; b. The applicant has had a permit under this article which has been suspended or revoked; c. The granting of the application would violate a statute, ordinance or court order; d. The proposed use does not conform to the distance and zoning location requirements of this article; e. The applicant, or any owner, manager, operator, partner, officer, director, stockholder or other person with a financial interest in the business has been convicted of one or more of the offenses listed in § 12-67(c)(5) for which: 1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is for a felony offense; or 3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for a sexually oriented business permit only when the time period required by this subsection has elapsed. (2) If the city denies the application, the applicant shall be notified, in writing, of the denial. The reason(s) for the denial shall be stated in the written notification. (3) If a person applies for a permit at a particular location within a period of nine months from the date of denial of a previous application for a permit at the location, and there has not been any intervening change in the circumstances which would lead to a different decision regarding the previous reason(s) for denial, the application shall be rejected. (f) Transfer of permit. (1) A sexually oriented business permit is not transferable to another person by surrendering possession, control or operation of the permitted establishment. A sexually oriented business permit may be transferred to another person only upon satisfaction of the following requirements: a. A permit transfer is applied for to the Department of Community Development by filing an application which includes the information required for an original application, and the application has been approved by the city; b. The applicant presents satisfactory proof that control of the establishment has been or will be transferred through a bona fide sale, rental or other transaction; and c. A transfer fee of 10% of the annual permit fee is paid. (2) No permit may be transferred pursuant to this section when the Department of Community Development has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee. (3) A permittee shall not transfer his or her permit to another location. (4) Any attempted transfer of a permit either directly or indirectly in violation of this section is hereby declared void and shall be grounds for revocation of the permit by the city. (g) Suspension. (1) In the event the city learns or finds upon sufficient cause that a permitted sexually oriented business establishment is operating in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, the city shall promptly notify the permittee of the violation and allow the permittee a seven day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven day period, the city shall notify the Police Department, who shall forthwith suspend the permit and shall notify the permittee of the suspension. The suspension shall remain in effect until the Department of Community Development notifies the Police Department in writing that the violation of the provision in question has been corrected. (2) In the event the city learns or finds upon sufficient evidence that a permittee engaged in a permit transfer contrary to the provisions of this ordinance, the Police Chief shall forthwith suspend the permit and notify the permittee of the suspension. The suspension shall remain in effect until the city is satisfied that the requirements of this article concerning permit transfer have been satisfied. (h) Revocation. (1) The city shall revoke a permit upon determining that: a. A permittee submitted false or misleading information in the permit application process; b. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances by an employee or patron on the premises, which possession, use or sale has resulted in a conviction; c. A permittee or an employee has knowingly allowed an employee or patron to engage in prostitution on the premises, which prostitution has resulted in a conviction; d. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; e. A permittee has been convicted of one of the offenses or crimes listed in § 12-67(c)(5) and the time period required in § 12-67(h) has not elapsed; f. On two or more occasions within a 12 month period, a person or persons, while employed by the sexually oriented business, committed an offense listed in § 12-67 in or on the permitted premises and has been convicted of same; g. A permittee has attempted to transfer the permit in violation of the terms of this ordinance when he or she knows or reasonably should know that the transfer is in violation of this article; h. A permittee has failed to comply with any provision of this article; or i. A violation which is cause for a suspension of the permit occurs within 12 months from the date of a prior suspension of the permit, regardless of whether the prior suspension was for the same violation. (2) The fact that a conviction is being appealed shall have no effect on the revocation of the permit. However, if a conviction is overturned as a result of the appeal, then the sexually oriented business permit shall be reinstated. (3) When the city revokes a permit, the revocation shall continue for one year; and the permittee shall not be issued a sexually oriented business permit for one year from the date the revocation became effective. If the permit was revoked under subsection (h)(2)e. of this section, an applicant may not be granted another permit until the number of years required under § 12-67(h) has elapsed. (Ord. 169-06, 12-11-2006)

Cape Coral Code of Ordinances § 12-68 Appeals.

§ 12-68 - Appeals. (a) An applicant or permittee may file an appeal of the denial, suspension or revocation of a permit to operate a sexually oriented business to the City Council within ten business days of the denial, suspension or revocation. If no appeal request is filed within the ten day period, then the applicant or permittee shall be deemed to have waived his or her right to an administrative review of the denial, suspension or revocation of the escort service permit. (b) An appeal of a sexually oriented business permit denial, suspension or revocation shall be heard at a regular meeting of the City Council. The City Council shall be the final administrative review agency with respect to the denial, suspension or revocation of a sexually oriented business permit. At the hearing on the appeal, the applicant or permittee shall have the opportunity to be heard concerning the denial, suspension or revocation of the permit, and the decision of the City Council shall be final.

Cape Coral Code of Ordinances § 12-69 Records.

§ 12-69 - Records. (a) All sexually oriented businesses shall maintain current and complete records of all of their employees and/or independent contractors. These records shall be maintained for all current employees and/or independent contractors as well as for all persons who have worked as employees and/or independent contractors of the sexually oriented business within the previous 36 months. These records shall include, but not be limited to, the following information for each employee and/or independent contractor of the sexually oriented business: (1) Name, including any aliases, of employee and/or independent contractor; (2) Home address of employee and/or independent contractor; (3) Home telephone number of employee and/or independent contractor; (4) Any other business address, business telephone number, employment position and employer; (5) Any criminal record, including but not limited to, any prior arrests and convictions; (6) Physical description of employee and/or independent contractor, including, but not limited to, gender (sex), race, hair color, eye color, weight and height; (7) Florida driver's license or Florida identification card (issued by the State of Florida Department of Highway Safety and Motor Vehicles) number of the employee and/or independent contractor; (8) Social Security number of employee and/or independent contractor; (9) Date of birth of employee and/or independent contractor; and (10) A recent photograph of the employee and/or independent contractor. (b) The records concerning employees and independent contractors required to be maintained by this article shall be kept and maintained at the business location of the sexually oriented business. The permittee of the sexually oriented business shall be responsible for ensuring that a person who knows the location of the original records, or the true and correct photocopies thereof, is present at the premises of the sexually oriented business at all times during all hours of operation. (c) In order to insure compliance with the provisions of this article, the aforesaid records of the sexually oriented business shall be held open and available for reasonable inspection at the business location of the sexually oriented business, upon request and without court order to members of the city's Police Department, the city's Department of Community Development or any other duly authorized law enforcement agency.

Cape Coral Code of Ordinances § 12-70 Age limitation.

§ 12-70 - Age limitation. (a) No permit for the operation of a sexually oriented business shall be issued to any person under the age of 18 years. (b) No permittee shall employ any individual under the age of 18 years in relation to the operation of the sexually oriented business. In addition, no permittee shall utilize the services of an individual under the age of 18 years as an independent contractor in relation to the operation of the sexually oriented business.

Cape Coral Code of Ordinances § 12-71 Working at unpermitted establishments.

§ 12-71 - Working at unpermitted establishments. It shall be unlawful for any person to act as an employee, independent contractor or subcontractor, of a sexually oriented business that he or she knows or should know does not have a valid permit under this code or which has a permit which is under suspension, has been revoked, canceled, improperly transferred or has expired, or which does not have each applicable sexually oriented business permit conspicuously displayed.

Cape Coral Code of Ordinances § 12-72 Minors prohibited.

§ 12-72 - Minors prohibited. It shall be unlawful for an operator or employee of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow a person under 18 years of age to: (a) Enter or remain in the premises of the sexually oriented business; or (b) Purchase goods or services from the sexually oriented business.

Cape Coral Code of Ordinances § 12-73 Prohibition on sale or consumption of alcoholic beverages at sexually oriented businesses.

§ 12-73 - Prohibition on sale or consumption of alcoholic beverages at sexually oriented businesses. It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the boundaries of the City of Cape Coral, Florida at which alcoholic beverages are offered for sale or where the consumption of alcoholic beverages is permitted on the premises: (a) To suffer or permit any person, while on the premises of the establishment, to expose to public view any specified anatomical areas; (b) To suffer or permit any person, while on the premises, to employ any device or covering which is intended to give the appearance of or simulate any specified anatomical areas; (c) To suffer or permit any person, while on the premises of said establishment, to engage in any specified sexual activities; and (d) To suffer or permit the display of any materials which are characterized by their emphasis on matters depicting, illustrating, simulating, describing or relating to specified sexual activities or specified anatomical areas.

Cape Coral Code of Ordinances § 12-74 Prohibited activities.

§ 12-74 - Prohibited activities. (a) It shall be unlawful for an employee of a sexually oriented business to commit any of the following acts or for an owner or operator of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow any employee to commit any of the following acts: (1) Engage in a straddle dance with a person in the establishment; (2) Offer, contract or otherwise agree to engage in a straddle dance with a person at the establishment; (3) Engage in any specified sexual activity at the establishment; (4) Engage in public nudity in violation of § 12-63 of this article; (5) Display or expose specified anatomical areas at the establishment while the employee is not continuously positioned at least three feet away from all other persons; (6) Display or expose specified anatomical areas at an establishment where alcoholic beverages are sold, offered for sale or consumed; (7) Display or expose any specified anatomical area while simulating any specified sexual activity with any other person; or (8) Intentionally touch any person at the establishment while engaged in the display or exposure of any specified anatomical area. (b) It shall be unlawful for any person in a sexually oriented business to intentionally touch an employee who is displaying or exposing any specified anatomical area. Further, it shall be unlawful for an owner or operator of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow a person to commit the touching in the premises of the sexually oriented business. (c) It shall be unlawful for any person in a sexually oriented business to intentionally touch the clothed or unclothed breast of any female employee, or to touch the clothed body of any employee at any point below the waist or above the knee. Further, it shall be unlawful for an owner or operator of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow a person to commit the touching in the premises of the sexually oriented business.

Cape Coral Code of Ordinances § 12-75 Permit term.

§ 12-75 - Permit term. All permits issued by the city pursuant to this article shall be valid from the date of issuance until the following September 30. All such permits shall be sold by the city beginning September 1 of each year and shall be due and payable on or before October 1 of each year and shall expire on September 30 of the succeeding year. In the event that October 1 falls on a weekend or holiday, the permit fee shall be due and payable on or before the first working day following October 1. The permit fee may be prorated in the event a permit is issued after October 1 (or the first working day following October 1), but prior to September 1 of the succeeding year. Any permit not renewed when due and payable shall be considered delinquent and subject to a delinquent penalty which shall be established by resolution of the City Council. The delinquency penalty may be adjusted, from time to time, by subsequent resolutions of the City Council. In addition, the failure to renew a permit when due and payable may be grounds for revocation of a permit.

Cape Coral Code of Ordinances § 12-76 Other licenses and permits.

§ 12-76 - Other licenses and permits. Nothing in this article shall be construed to relieve the applicant or permittee of the responsibility to apply for and obtain any other license or permit otherwise required by law to engage in a sexually oriented business within the city.

Cape Coral Code of Ordinances § 12-77 Enforcement.

§ 12-77 - Enforcement. The provisions of this article may be enforced by: (a) A suit brought by the city in the circuit court to restrain, enjoin or prevent a violation of this article; (b) Enforcement proceedings by the city's Code Enforcement Board; or (c) The imposition of the penalties as provided in § 12-78 of this code. (Ord. 30-98, 5-18-1998)

Cape Coral Code of Ordinances § 12-78 Penalty.

§ 12-78 - Penalty. The violation of any provision of this article shall be punishable by a fine not exceeding $500, by imprisonment not exceeding 60 days or by both a fine and imprisonment.

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH12OFMIPR_ARTVISEORBUFetched: 11/4/2026