ADMINISTRATION

Jacksonville Ordinance Code tit. VI, ch. 150, pt. 2

in effect

Jacksonville Ordinance Code § 150.201 Responsibility.

Sec. 150.201. - Responsibility. Responsibility for the administration and enforcement of this Chapter is vested in the Sheriff. The Building Inspection Division is responsible for inspection of licensed premises and premises applying for a license in order to pass upon the construction and physical configuration of the premises involved. The Chief, Fire Prevention is responsible for inspection of licensed premises and premises applying for a license to ascertain compliance with the Fire Prevention Code. The Public Health Unit is responsible for inspection of licensed premises applying for a license to ascertain compliance with the Health Code and applicable State laws and regulations. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.202 Power of Sheriff, etc.

Sec. 150.202. - Power of Sheriff, etc. The Sheriff may make, adopt, amend, issue and repeal rules, regulations and administrative orders to implement this Chapter. When a provision of this Chapter gives the Public Health Unit, Building Inspection Division or the Chief, Fire Prevention the authority or duty to act, the authority or duty vests in the Public Health Officer, the Chief of Building Inspection or in the Chief, Fire Prevention or in any inspector who is given the authority or duty in accordance with the administrative procedures of the agency concerned, unless a specified person or public official is designated herein to exercise the authority or fulfill the duty. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.203 License required.

Sec. 150.203. - License required. (a) It shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City, the operation of an adult bookstore, adult motion picture theater, adult entertainment establishment, or escort service without having first obtained a license under this Chapter. (b) Licenses referred to in this Chapter shall be classified as follows: (1) Adult bookstore; (2) Adult motion picture theater; (3) Adult entertainment establishment; (4) Escort service. (c) Any premises with an adult motion picture booth must have either an adult bookstore; adult motion picture theater; or adult entertainment establishment license. (d) Each application for a license shall state the classification and location for which it is to be issued. A license may be issued in only one classification and for only one location, but this shall not prohibit an applicant from filing separate applications for licenses in two or more classifications at the same location. (e) Where a person lawfully operated an adult bookstore, adult motion picture theater, adult entertainment establishment or escort service prior to this Chapter being amended to require such person to obtain a license, such person shall have 30 days from the date of such amendment in which to apply for the necessary license and may operate such business without a license for such time and until the Sheriff denies the request for a license and until the application is finally denied pursuant to Section 150.207. (f) A person shall have the right to begin operating an adult entertainment establishment, adult bookstore, adult motion picture theater or escort service, 45 days after applying for a license to operate such a business; provided, that the person must operate the business in compliance with all other provisions of this Chapter and in compliance with all other applicable ordinances, laws and regulations. This right to operate granted by this subsection terminates upon final denial of a license as set forth in, and pursuant to, Section 150.207. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 3; Ord. 2005-743-E, § 1)

Jacksonville Ordinance Code § 150.204 Disqualification.

Sec. 150.204. - Disqualification. (a) No license shall be issued if the Sheriff finds, as a result of his investigation or of the investigation of Building Inspection Division, the Public Health Unit or the Chief, Fire Prevention, that the proposed licensed premises does not meet each and every one of the general and special requirements for the type of license applied for as established in this Chapter. (b) No license shall be issued to: (1) Any individual, partnership or corporation whose license under this Chapter has been revoked in the previous 12 months; (2) Any partnership, a partner of which has had his license under this Chapter revoked in the previous 12 months; (3) Any corporation, an officer, director or principal stockholder of which has had his or its license under this Chapter revoked in the previous 12 months; or (4) Any individual who is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation, whose license under this Chapter has been revoked in the previous 12 months. (Ord. 77-257-256, § 1; Ord. 78-640-429, § 1; Ord. 79-684-339, § 2; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.205 License application; application fee.

Sec. 150.205. - License application; application fee. (a) A person desiring to engage in the business of operating an adult bookstore, adult motion picture theater, adult entertainment establishment, or escort service shall file with the Sheriff a sworn application on forms supplied by the Sheriff. The application shall contain at least the following information and be accompanied by the following documents: (1) If the applicant is: (i) An individual, his name. (ii) A partnership, the full name of the partnership and the name of the managing partner and the names of all other partners, whether general or limited, accompanied by the partnership instrument or a certified copy thereof. (iii) A corporation, the exact corporate name and state of incorporation and the name of the chief executive officer and the names of all other officers, and directors, accompanied by the articles of incorporation and all amendments thereto and the certificate of incorporation, or certified copies thereof. (2) If the business is to be conducted under another name than that of the applicant, the business name and the county of registration under F.S. § 865.09. (3) Whether any of the individuals listed pursuant to paragraph (1) has, within the twelve-month period immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the particular criminal act involved and the place of conviction. Conviction includes a plea of guilty, a plea of no contest, or withhold of adjudication of guilt upon being charged with a violation. (4) Whether any of the individuals listed pursuant to paragraph (1) or whether the applicant has had a license under this Chapter previously revoked or has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this Chapter has previously been revoked. (5) The classification of the license for which the application is being filed. (6) Whether the applicant holds another license in the classification for which the application is being filed and, if so, the number and location of the licensed premises. (7) The proposed location of the business. (8) The names of the employees, if known, or, if presently unknown or there will be no employees, a statement to that effect. (9) A plan drawn to appropriate scale of the proposed licensed premises indicating the areas to be covered by the license, all windows, doors, entrances and exits and the fixed structural features of the proposed licensed premises. The term fixed structural features shall include walls, immovable partitions, projection booths, admission booths, concession booths or stands, immovable counters and similar structures that are intended to be permanent. (10) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application. Nothing contained herein shall be construed to deny to the Sheriff the right to take the fingerprints and additional photographs of the applicant, officers, directors, or partners, nor shall anything contained herein be construed to deny the right of the Sheriff to confirm, by independent investigation, the truth and accuracy of the above information. (11) Proof of proper zoning from the Planning and Development Department. (b) Each application shall be accompanied by a nonrefundable fee as found in www.jaxsheriff.org/fees, or by a receipt of the Tax Collector evidencing payment of the fee, at the time the application is filed. (Ord. 77-257-256, § 1; Ord. 78-640-429, § 2; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 2003-755-E, § 3; Ord. 2017-665-E, § 8)

Jacksonville Ordinance Code § 150.206 Investigation.

Sec. 150.206. - Investigation. Upon receipt of an application properly filed and upon payment of the application fee, the Sheriff shall investigate both the qualifications of the applicant and the proposed licensed premises. The Public Health Unit, the Building Inspection Division and the Chief, Fire Prevention shall investigate the proposed licensed premises for compliance with this Chapter and other applicable ordinances relating to construction, safety, fire protection and public health. At the conclusion of their investigation, they shall endorse on the application the results and findings thereof, recommending either approval or disapproval of the application. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.207 Issuance; notice of denial; review; final denial.

Sec. 150.207. - Issuance; notice of denial; review; final denial. (a) Upon the completion of the investigation of an application by the Sheriff and other interested agencies, the Sheriff shall approve or disapprove the application. The investigation shall be completed within 30 days of the application being filed. If approved, the license shall be issued upon the payment of the appropriate license fee provided in Section 150.215, evidenced by a receipt of the Tax Collector showing payment of the license fee. (b) If the application is disapproved, the Sheriff shall give the applicant notice of the disapproval and the reasons therefor. If the Public Health Unit, the Building Inspection Division or the Chief, Fire Prevention recommends disapproval, the application shall be disapproved by the Sheriff for the reasons stated by the agency recommending disapproval, in addition to any reasons that the Sheriff may have as a result of his investigation; otherwise, the Sheriff may disapprove the application for reasons he may have as a result of his investigation. These reasons shall be based only on noncompliance with this Chapter. The application shall not be denied on the basis of failure to have an exception required by the zoning code where the applicant has submitted proof of applying for the proper exception and where the property is zoned Community/Commercial General-2 pursuant to Chapter 656. Where the applicant does not have the required exception for property zoned CCG-2 and has applied for such exception, the Sheriff shall defer approving or disapproving the application until the requested exception has been granted or denied. (c) The Sheriff shall approve or disapprove the application within 45 days of submittal of the application unless the applicant requests additional time. (d) Except as set forth in subsection (b) of this Section, not more than 45 days after an application has been submitted, unless the application has been submitted, unless the applicant requests additional time, the Sheriff shall notify an applicant of the Sheriff's decision to grant or deny the license. Such notification shall be by certified or registered mail to the address in application or by personal service. (e) Not more than ten days after notification referred to in subsection (d) of this Section, excluding weekends and legal holidays, the Sheriff shall seek declaratory relief in a court of competent jurisdiction to determine the validity of the Sheriff's decision to deny the application. Nothing herein shall be deemed to affect the applicant's right to seek judicial review of the Sheriff's decision at any time. (f) In any judicial review of denial of a license, whether review is brought by the Sheriff or the applicant, the burden shall be on the Sheriff to prove that the denial of the license is justified under this Chapter. (g) For the purpose of Section 150.203, an application is not finally denied until the denial is approved by a trial court of competent jurisdiction. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 4)

Jacksonville Ordinance Code § 150.208 Limitation on licensees and licensed premises.

Sec. 150.208. - Limitation on licensees and licensed premises. There shall be no limitation on the number of licenses issued, but licensed premises shall observe the placement limitations contained in Part 11, Chapter 656. A licensed premises may be owned by the licensee or may be leased by the licensee from a person not a licensee under this Chapter; provided, that a licensee who is a tenant or lessee may not surrender his tenancy or lease to the owner or lessor if by so doing the owner or lessor will take possession, control and operation of the licensed premises and the business licensed under this Chapter, unless the license is transferred as provided in Section 150.211; and further provided, that a licensee who is the owner of the licensed premises may not lease or otherwise give up possession, control or operation of the licensed premises and the business licensed under this Chapter to any other individual, partnership or corporation, unless the license is transferred as provided in Section 150.211. (Ord. 77-257-256, § 1; Ord. 78-640-429, § 3; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.209 Display of license; mutilation prohibited.

Sec. 150.209. - Display of license; mutilation prohibited. A licensee licensed under this Chapter shall display his license in a conspicuous place on the licensed premises, in a clear, transparent cover or frame. The license shall be available for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed. The licensee shall be responsible for compliance with this provision and shall notify the Sheriff if the certificate is not in compliance and request a new certificate. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.210 Term of license; renewals.

Sec. 150.210. - Term of license; renewals. (a) All licenses issued under this Chapter, except new licenses, shall be annual licenses which shall be paid for on or before October 1 and shall expire on September 30 next following. A licensee beginning business after October 1 and before April 1 may obtain a new license upon application therefor and the payment of the appropriate license fee, and the license shall expire on the following September 30. A licensee beginning business after March 31 and before October 1 may obtain a new license upon application therefor and the payment of one-half of the appropriate license fee herein required for the annual license and the license shall expire on September 30 of the same year. The provisions of this subsection shall not affect the provisions of Section 150.211. (b) A licensee under this Chapter shall be entitled to a renewal of his annual license from year to year, as a matter of course, on or before October 1 by presenting the license for the previous year or satisfactory evidence of its loss or destruction to the Tax Collector and by paying the appropriate license fee. A license that is not renewed by October 1 of each year shall be considered delinquent and, in addition to the regular license fee, subject to a delinquency penalty of ten percent of the license fee for the month of October and an additional penalty of five percent of the license fee for each additional month, or fraction thereof, of delinquency until paid; provided, that the total delinquency penalty shall not exceed 25 percent of the license fee. All licenses not renewed within 120 days of September 30 are void unless any such license is involved in litigation. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.211 Transfer of license.

Sec. 150.211. - Transfer of license. When a licensee shall have made a bona fide sale of the business which he is licensed under this Chapter to conduct, he may obtain a transfer of the license issued under this Chapter to the purchaser of the business but only if, before the transfer, the application of the purchaser shall be approved by the Sheriff in accordance with the same procedure provided in Sections 150.205, 150.206 and 150.207 in the case of issuance of new licenses. A license may be transferred when revocation or suspension proceedings have been instituted against a licensee; provided, that revocation or suspension proceedings shall continue and the license shall be subject to any suspension or revocation notwithstanding the transfer. Before the issuance of a transfer of license, the transferee shall pay a transfer fee of ten percent of the appropriate annual license fee. Licenses issued under this Chapter shall not be transferable in any other way than provided in this Section. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.212 Suspension and revocation of license.

Sec. 150.212. - Suspension and revocation of license. (a) The Sheriff is given full power to suspend, for 15 days, any license issued under this Chapter, where the Sheriff determines, upon sufficient cause, that: (1) The licensee, his or its agents, officers, servants or employees, maintain or continue to maintain a nuisance on the licensed premises. (2) The licensed premises are unsanitary as certified by the Public Health Unit. (3) The licensed premises are unsafe, as certified by the Building Inspection Division or by the Chief, Fire Prevention. (4) The licensee, his or its agents, officers, servants or employees, on the licensed premises, or elsewhere while in the scope of employment, violated any provision of this Chapter or any rule of the Sheriff made pursuant to the authority granted in Section 150.202. Whether or not the licensee, his or its agents, officers, servants or employees have been convicted of a violation shall not be considered in proceedings before the Sheriff for suspension or revocation of license. (b) Before the Sheriff shall suspend or revoke a license, he shall furnish the licensee a written statement, by certified or registered mail or by personal service, of the cause for suspension or revocation of the license and the length of time of suspension. The Sheriff shall, within 20 days of notification, refer the matter to a County Court judge, who shall hold a hearing for the sole purpose of determining whether just cause exists for the suspension or revocation. For purposes of this subsection, a violation shall be deemed committed, by the County Court judge, based upon clear and convincing evidence submitted at the hearing. A finding of violation at a suspension or revocation hearing shall not establish precedent or be used in any civil or criminal penalty proceeding. This suspension or revocation process is intended to apply retroactively to all adult entertainment licenses currently existing and to those prospectively issued hereinafter. The suspension or revocation of a license shall not become effective until the Sheriff obtains a final order authorizing the suspension or revocation or the parties stipulate otherwise. In any judicial review, whether review is brought by the applicant or the Sheriff, the Sheriff shall have the burden of demonstrating the validity of the proposed suspension or revocation. (c) The license shall be suspended for a period of six months if more than five violations of this Chapter have been committed during any six-month period by the licensee, or any office, employee, agent servant, or independent contractor of the licensee if each violation was due to acts of such persons and which acts were done within such officers', employees', agents' or servants' scope of authority under the owner. For purposes of this subsection, multiple violations of this Chapter on a single day shall be considered a single violation. (d) The license shall be revoked if more than ten violations of this Chapter have been committed during any one-year period by the licensee, or any office, employee, agent servant, or independent contractor of the licensee if each violation was due to acts of such persons and which acts were done within such officers', employees', agents' or servants' scope of authority under the owner. For purposes of this subsection, multiple violations of this Chapter on a single day shall be considered a single violation. (e) The suspension or revocation of a license shall not become effective until approved by a trial court of competent jurisdiction. (f) A licensee may operate until such time as the suspension or revocation shall become effective as set forth in subsection (e) of this Section. (Ord. 77-257-256, § 1; Ord. 79-684-339, § 3; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 5; Ord. 2003-755-E, § 4; Ord. 2020-74-E, § 4)

Jacksonville Ordinance Code § 150.213 Licensee moving to new location; changing name of business.

Sec. 150.213. - Licensee moving to new location; changing name of business. (a) A licensee may move his licensed premises to a new location and operate at the new location upon approval, by the Sheriff, of the licensee's application for the change of location. The licensee shall submit to the Sheriff an application for the change of location, accompanied by an application fee as found in www.jaxsheriff.org/fees, or by a receipt of the Tax Collector evidencing payment of this fee, at the time the application is filed. The application shall be identical to the application for new licenses. If more than one license has been issued to the regulated premises at the old location, the licensee shall state in his application for the change or location which of the licenses is being moved to the proposed new location. Upon approval of the application, there shall be issued to the licensee a license for the new location without the payment of any further fee. (b) The Sheriff shall review an application to move licensed premises pursuant to the procedures set forth in this Chapter for new licenses. The application shall be granted or denied and judicially reviewed on the same basis and pursuant to the same procedures as an application for a new license. The licensee may begin operation at the new location within seven days of filing the completed application for the new location and may continue to operate until the application has been finally denied pursuant to the procedures for new licenses; provided, that the licensee comply with all other provisions of this Chapter and all other applicable ordinances, laws and regulations; provided further the applicant may not continue to operate at the original location. In the event that the request to move to a new location is denied, the licensee may recommence operation at the original location for the license. (c) No licensee may change the name of the business located at his licensed premises without giving the Sheriff notice in writing of the change within five days of such change. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 6; Ord. 2017-665-E, § 8)

Jacksonville Ordinance Code § 150.214 Issuance of license for prior revoked license.

Sec. 150.214. - Issuance of license for prior revoked license. When a license is revoked by the Sheriff, no license shall be issued for the location formerly covered by the revoked license. The period of time that a license shall be prohibited under this Section shall be one year from the October 1 following revocation. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.215 License fee.

Sec. 150.215. - License fee. (a) An annual license fee as found in www.jaxsheriff.org/fees, is hereby levied on each of the licenses required under this Chapter. (b) License fees collected under this Chapter are fees paid for the purpose of examination and inspection of licensed premises under this Chapter and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes imposed by Chapters 770 and 772. The payment of a license fee under this Chapter shall not relieve any licensee or other person of liability for and the responsibility of paying an occupational license tax where it is required by Chapters 770 and 772, and for doing such acts and providing such information as may be required by those Chapters. (Ord. 77-257-256, § 1; Ord. 78-640-429, § 4; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 2017-665-E, § 8)

Jacksonville Ordinance Code § 150.216 Records and reports; consent by licensee.

Sec. 150.216. - Records and reports; consent by licensee. Each licensee shall keep such records and make such reports as may be required by this Chapter or by rule by the Sheriff, the Public Health Unit, the Building Inspection Division and the Chief, Fire Prevention to implement this Chapter and carry out its purpose. By applying for a license under this Chapter, an individual, partnership or corporation shall be deemed to have consented to the provisions of this Chapter and to the exercise by the Sheriff of the powers given by Section 150.202 in the manner therein specified. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.217 Corporate licensee; maintenance of stock register; report.

Sec. 150.217. - Corporate licensee; maintenance of stock register; report. (a) Any corporation holding a licensee under this Part shall maintain a stock register at the principal office of the corporation in the City and the stock register shall be available to the Sheriff for inspection. Such corporation shall report to the Sheriff, in writing, any of the following: (1) Issuance or transfer of any shares of stock, or beneficial ownership thereof, to any person where the issuance or transfer results in the person owning ten percent or more of the stock or beneficial ownership of the corporation; (2) Changes of any of the corporate officers required to be reported by State law; (3) Changes of the members of its Board of Directors. The report shall be filed with the Sheriff within 30 days after the issuance or transfer of corporate stock, or beneficial ownership thereof, changes of corporate officers, or changes of members of the Board of Directors. (b) The provisions of this Section shall not apply to any of the following: (1) A corporation, the stock of which is listed on a stock exchange; (2) A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity; or (3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.218 Applications barred for one year.

Sec. 150.218. - Applications barred for one year. Whenever any application is filed for a license under this Part and such application has been denied by the Sheriff, or a license issued under this Part has been revoked, the application for such permit, or for a like permit for the same location or by the same applicant, shall not be heard by the Sheriff until the expiration of one year from the date of the previous denial or revocation of such permit or application. For the purposes of this Section, "same applicant" shall mean a corporation having substantially the same shareholders as a prior corporate applicant, or a partnership having substantially the same membership as a prior partnership applicant; furthermore, "same applicant" shall mean any officer, director, shareholder or partner of a prior corporate or partnership applicant; provided, that when any license is denied by reason of definite existing conditions which prevent the granting of the license, and such conditions are removed or remedied, the one year's prohibition against reapplication will not apply. (Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.221 Aiding or abetting.

Sec. 150.221. - Aiding or abetting. No person shall suffer or permit, aid or abet any other person in the violation of any provision of this Chapter. (Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.222 Written notices.

Sec. 150.222. - Written notices. (a) Each escort shall provide to each customer or patron the notices of rights and responsibilities set forth herein. (b) The notice of terms shall contain: (1) The types of services to be performed; (2) The length of time the escort will be within the services of the customer; (3) The time the services will begin; (4) The total cost of such services; and (5) Any special terms or conditions relating to the services to be performed. (c) If the escort and customer agree to extend the length of time of the services, a new notice of terms, required by subsection (b), shall be given to the customer. (d) The escort shall also give to the customer a notice of unlawful acts. The notice shall state, in not less than 24 point type, the following: (1) It shall be unlawful for an escort to encourage, suffer or permit a customer to expose or display his or her (the customer's) specified anatomical areas. (2) It shall be unlawful for an escort to suggest or imply that a customer should or is permitted to expose or display his or her (the customer's) specified anatomical areas. (3) It shall be unlawful for an escort to expose or display his or her (the escort's) specified anatomical areas at anytime the escort is in the presence of the customer. (4) It shall be unlawful for an escort to expose or display his or her (the escort's) specified anatomical areas except within a licensed adult entertainment establishment. (5) It shall be unlawful for any escort to straddle a customer. (6) It shall be unlawful for any escort to offer or agree to straddle a customer. (7) It shall be unlawful for any escort to intentionally touch the clothed or unclothed body of any customer at any point below the waist and above the knee of the customer. (8) It shall be unlawful for any escort to suffer or permit a customer to touch the clothed or unclothed body of the escort at any point below the waist and above the knee of the escort. (9) It shall be unlawful for any escort to touch the clothed or unclothed breast of any customer or patron. (10) It shall be unlawful for any escort to suffer or permit a customer or patron to touch the clothed or unclothed breast of the escort. (11) All fees and charges paid by a customer or patron of an escort or escort service shall be paid to the escort before the service begins. (12) No escort shall accept any tip or other compensation from a customer or patron unless that amount is the amount the customer is told will be charged before the service begins. (13) It shall be unlawful for a customer or patron of an escort to suffer or permit the escort to violate any of the above. (14) It shall be unlawful for a customer or patron of an escort to encourage or solicit an escort to violate any of the above. (e) Each notice set forth herein shall contain the printed or typed legal name of the escort and the escort service. (f) Each notice set forth herein shall be signed by the escort in the presence of the customer. (g) Each notice set forth herein shall contain the printed or typed legal name and the signature of the manager of the escort service on duty at the time the escort is referred to the customer. (h) Each notice set forth herein shall have noted on it the time and location of the place where the notice was delivered. The location information shall include the street address and the apartment or unit number if at a multifamily dwelling and the room number if at a hotel or motel. (i) Each notice set forth herein shall contain the printed or typed legal name of the customer and shall be signed by the customer. (j) A copy of each notice shall be maintained for one year by the escort and by the escort service. (Ord. 94-190-651, § 1)

Jacksonville Ordinance Code § 150.223 Exemptions.

Sec. 150.223. - Exemptions. (a) The licensing provisions of this Chapter shall not apply to: (1) A bona fide art class where: (A) Such class is sponsored by an accredited school, museum or university; and (B) The teacher or instructor is in the class at anytime there is exposure or display of specified anatomical parts by a model; and (C) No person, other than a model, is permitted to expose or display his or her specified anatomical parts; or (2) A private studio where the artist or photographer has an occupational license to engage in his or her profession at that location; or (3) An auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance; provided, that such exposure or display is incidental to the performance; or (4) Any performance produced by an organization registered as a not-for-profit corporation pursuant to Section 501(c)(3) of the United States Internal Revenue Code. (b) Notwithstanding any ordinance or Ordinance Code provision to the contrary, in the event the exemption created in subsection (a)(1), (2), (3) or (4) of this Section is held or declared invalid or unconstitutional, in whole or in part, or if one of such exemptions is held to create an invalidity or unconstitutionality in any other Section or provision of this Chapter, then the entire exemption is void and invalid and no person shall be entitled to such exemption. (c) In the event that the exception created in subsection (a)(3) of this Section is declared void, invalid or unconstitutional, then the licensing provisions of this Chapter shall not apply to an auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance. Notwithstanding any ordinance or ordinance code provision to the contrary, in the event the exemption created in this subsection (c) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exemption is held to create an invalidity or unconstitutionality in other Section or provision of this Chapter, then the entire exemption is void and invalid, and no person shall be entitled to such exemption. (Ord. 94-190-651, § 1; Ord. 95-307-109, § 7)

Jacksonville Ordinance Code § 150.224 Performer work identification card.

Sec. 150.224. - Performer work identification card. (a) Performer Work Identification Card required. Any person desiring to perform in an adult entertainment establishment licensed under this Chapter must obtain a Work Identification Card from the Sheriff. No person shall act as a performer in an adult entertainment establishment without having previously obtained said Work Identification Card, except as permitted during the Grace Period as set forth in this Section. Additionally, no license holder or establishment manager shall employ, contract with or otherwise allow any performer to perform in an adult entertainment establishment who does not possess a valid and effective Work Identification Card except as permitted during the Grace Period as set forth in this Section. Establishment managers shall be required to review all Performer Rosters at the commencement of his or her shift to verify compliance with this Section. (b) Penalty. Violations of this Section shall be a civil infraction. Any performer, license holder, owner, operator or manager who violates or knowingly permits a violation of this Section shall be assessed a civil penalty of $200. (c) Application for Work Identification Card. An application for a Work Identification Card shall be obtained from the Sheriff. The application shall include: the applicant's full legal name (including maiden name, if applicable); residential address; driver's license number or government issued identification or passport number; date of birth; natural hair and eye color; race; sex; height and weight; place of birth (city, state or country); telephone number; email address; a list of locations of and descriptions of any tattoos; and confirmation that the applicant has not been convicted within the relevant periods of time of any violation listed in subparagraph (l). Each applicant shall affirm through either attestation on the application or presentation of a certificate of completion to the Sheriff that he or she has completed one, free-of-charge, sex trafficking education program presented by the Polaris Project (https://polarisproject.org/training/) (approximately 45 min. in length) or the U.S. Department of Homeland Security, Blue Campaign Consequences Training (https://www.dhs.gov/blue-campaign/course___consequences___p01)(approximately 15 min. in length). The Sheriff shall maintain and make available to any applicant each sex trafficking education program in the event any applicant does not have online access to the program(s). Additionally, the applicant shall affirm that he or she understands that the Work Identification Card may be immediately revoked if issuance of the card is made illegal through order of any court. The application shall be in writing, signed and notarized, fully completed and submitted to the Sheriff together with the nonrefundable application fee. Each applicant must submit proof of identity at the time the application is submitted. No Work Identification Card shall be issued to any applicant who is under the age of 21 years of age. No Work Identification Card shall be issued to an applicant who has been convicted of human trafficking or who is currently on suspension for any violation listed under subsection (l), below. Work Identification Cards are valid for a term of one year. Applicants are required to update his or her application with changes to any of the application information (except height and weight) within 60 days of the change of such information. All current performers shall complete and submit an application for a Work Identification Card within 90 days from the effective date of this section (the "Grace Period"). Upon conclusion of the Grace Period, no performer shall be permitted to perform until a current Work Identification Card is obtained or without a valid copy of the application fee payment check or receipt as specified in subparagraph (e), below. (d) False statement or false information in applying for a Work Identification Card. It shall be unlawful for any person applying for a Work Identification Card to make a false statement or otherwise provide false information which is intended to facilitate the issuance of same. In addition to any other penalties provided herein, the Sheriff is authorized to petition the court for immediate revocation of any Worker Identification Card that has been determined by the Sheriff to have been issued based on fraudulent or false information. (e) Fees. The applicant shall pay an application fee with each new request for a Work Identification Card and with each renewal of a Work Identification Card. The fees shall not be prorated. The applicant shall also pay a duplicate card fee for each duplicate copy of an existing Work Identification Card. The initial fee for an initial Work Identification Card shall be $100. The initial fee for a renewal card shall be $50. The initial fee for a duplicate replacement card shall be $35. The Sheriff shall be entitled to impose a three percent annual increase of the fees. A copy of the check, or of a receipt issued by the Sheriff, showing payment for an application or duplicate card shall operate as a receipt for said fees and shall allow the applicant to perform pending receipt of the official Work Identification Card. Fees are non-refundable. (f) Issuance of Work Identification Card. The Sheriff is responsible for verifying all information contained on a Work Identification Card application. The Sheriff shall approve or deny an application within 14 days of receipt of a completed application and payment of the applicable fee. If the Sheriff fails to approve or deny an application within the 14-day time limit, the application shall be deemed granted and the applicant can continue to rely on his or her receipt or check copy as a substitute for the Work Identification Card to legally perform or can request the Sheriff to issue an official card. An issued Work Identification Card shall include the performer's name, photograph, date of birth, height, weight, natural eye and hair color, and a unique card number. Should the Sheriff determine that the proof submitted with the application for the Work Identification Card as required hereinabove is not satisfactory or full payment of the application fee is not received, the Sheriff shall deny issuance of said Work Identification Card and shall provide written notification to the applicant stating the reason(s) for any such denial. (g) Retention of Performer Roster and Work Identification Card. All persons required pursuant to this Code to obtain a Work Identification Card shall keep same on their person or with their personal belongings at all times while performing at an adult entertainment establishment. The adult entertainment establishment shall compile and retain a complete performer roster that includes all performers performing at the establishment for a period of 30 days from each performer's most recent performance date. The performer roster shall be organized by date and performer, including the performer's first and last name and stage name. The adult entertainment establishment shall also maintain a Work Identification Card file, organized alphabetically by performer's last name, with legible photocopies of the Work Identification Card of each performer performing at said establishment for a period of two years from each performer's most recent performance date. Other than performers performing during the Grace Period established in this Section, no performer shall perform until the performer roster is updated to include the performer information, and the legible photocopy of the Work Identification Card is placed on file as required herein. The performer roster and the Work Identification Card file shall be made available to the Sheriff for inspection and/or copying upon request, which shall only be made during normal business hours when the establishment is open to the public. (h) Appeal. In the event that an applicant for a Work Identification Card is denied, said applicant may request emergency injunctive relief from the Circuit Court of the Fourth Judicial Circuit of the State of Florida. Due to the overriding public interest in not having persons with criminal convictions identified in paragraph (l) perform in adult entertainment establishments, no provisional Work Identification Cards shall be issued by the Sheriff. (i) Transfer of Work Identification Card prohibited. A Work Identification Card shall not be transferred from one person to another; however, the person to whom the Work Identification Card was issued may utilize same in any licensed adult entertainment establishments identified in the Work Identification Card application. (j) Alteration of Work Identification Card prohibited. It shall be unlawful for any person to alter or otherwise change the contents of a Work Identification Card without the written permission of the Sheriff. (k) Requirement of Managers, License Holders, Owners and Operators to Verify Work Identification Cards of Performers. No person managing, owning or operating or holding a license to operate an adult entertainment establishment shall permit, employ, or otherwise allow any person to perform at said establishment unless such person has a valid, current, Work Identification Card issued in accordance herewith, unless such performer is performing within the Grace Period established in this Section. Each owner and operator of the establishment shall have a separate and independent duty to verify that all performers are in compliance with this Section. Each manager of the establishment shall have a separate and independent duty to verify that all performers are in compliance with this Section during all times the manager is working at the establishment. Separate violations may be issued to the managers, owners and operators of the establishment for each performer, and for each day that a performer does not have the required Work Identification Card. It shall be prima facie evidence of a violation of this Chapter if the establishment does not have a legible photocopy of a current Work Identification Card on file for each performer as of the date of each performance, except during the Grace Period. (l) Violations that are subject to criminal prosecution; suspension. For any performer convicted of the following violations either while performing at or while present in any adult entertainment establishment, the performer's Work Identification Card shall be suspended as follows: i. Five years for prostitution; ii. Three years for forcible felonies; iii. Three years for narcotic sales or drug trafficking; iv. One year for lewd/obscene acts; and v. One year for possession of narcotics or narcotics paraphernalia. The suspensions authorized herein shall not be ordered as part of any criminal penalties assessed in any criminal proceeding. It is the Council's intent that the remedies established herein are civil in nature and are not intended to be a criminal penalty in contravention of those established in the Florida Statutes. The Sheriff is authorized to petition the court for immediate suspension of any Worker Identification Card as authorized herein. (m) Violation Subject to Civil Prosecution. Any owners, managers or operators of an adult entertainment establishment who violates the provisions of this Section may be prosecuted by the Sheriff or the City. Upon adjudication of such civil violation, the prosecuting officials shall notify the Sheriff of such adjudication within five business days. Violations shall be assessed a fine of $200, with each day upon which a violation occurs constituting a separate civil offense. (n) Violations Subject to Legal Remedies. The violation of any provision of this Section may be prosecuted pursuant to the civil procedures and penalties of Chapter 609, Ordinance Code, or through the issuance of notices to appear, at the discretion of the Sheriff or the City. Additionally, the City shall be authorized to take any appropriate legal action, including, but not limited to, seeking cease and desist orders, and requesting temporary or permanent injunctive relief. It is the intent and purpose of this Section to provide additional and cumulative remedies. (Ord. 2020-74-E, § 4; Ord. 2022-172-E, § 2; Ord. 2023-161-E, § 1; Ord. 2023-497-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVIBUTROC_CH150ADENSECO_PT2ADFetched: 10/27/2026