06-01-04 Item 11To: Honorable Mayor, Vice Mayor & Date: June 1, 2004
Commission Members
ITEM No.
From: Maria Davis Re: LDC Amen went
City Manager Adult Entertainment Ordinance
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED
"DEFINITIONS" IN ORDER TO PROVIDE DEFINITIONS PERTAINING TO
ADULT ENTERTAINMENT; AMENDING SECTION 20- 3.3(D) ENTITLED
"PERMITTED USE SCHEDULE" IN ORDER TO ALLOW ADULT
ENTERTAINMENT ESTABLISHMENTS TO BE LOCATED IN CERTAIN NON-
RESIDENTIAL ZONING USE DISTRICTS; AND CREATING NEW SECTION
20 -3.9 TO BE ENTITLED "REGULATIONS APPLICABLE TO ADULT
ENTERTAINMENT ESTABLISHMENTS;" PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
SUMMARY OF REQUEST
The City of South Miami is proposing an amendment to the Land Development Code that
would permit adult entertainment establishments as a permitted use in certain non-
residential zoning use districts. The draft ordinance, prepared jointly by the Planning
Department and the City Attorney's office, also provides a series of definitions and
special standards to regulate specific locations and to reduce the secondary impacts of
this type of business on the community.
BACKGROUND
This issue became a priority in August, 2003 when an adult establishment (Booby Trap)
opened for business at 5922 S. Dixie Highway. The legality of this establishment
locating at that address was challenged by the City. The City Attorney at that time issued
an information memo which was presented to the City Commission (attached). It
provides an excellent summary of the situation and the legal issues involved.
The City Attorney states that it is unconstitutional to not allow adult entertainment to
locate within the City, as is the situation at present. It was further stated that the City
LDC Amendment
Adult Entertainment
Page 2 of 3
must enact legislation to allow adult entertainment establishments as a permitted use at
some location(s).
The City Commission at its November 18, 2003 meeting, approved a settlement
agreement with the parent company of the Booby Trap. The agreement allows the adult
establishment to remain and operate at its current location subject to several restrictions,
including a name change. The agreement further states that the City may adopt and
enforce an adult entertainment zoning, but it will not zone out the current establishment.
LDC AMENDMENT ORDINANCE
The proposed legislation presented to the Planning Board had four basic components as
follows:
(1) Whereas Clauses. The whereas clauses set forth a number of reasons as why the
legislation is necessary and the legal issue which allows the City to adopt this type of
legislation.
(2) Definitions. A series of 10 definitions of common terms used in the adult
entertainment business.
(3) Permitted Use Schedule. The draft legislation proposes that the location of adult
entertainment establishments as a permitted use in the TODD (LI -4), Transit
Oriented Development District (Light Industrial -4) Zoning Use District. This is an
industrial area, it is isolated from the downtown, and primarily abuts other
commercial use districts.
(4) Regulations Applicable. to Adult Entertainment Establishments. This section
establishes special location requirements within the zoning use district in which
adult entertainment businesses would be allowed. These requirements mandate that
there be minimal distances from residential zoning, churches, schools, (500 feet) and
from another similar type of establishment (750 feet). Based upon staff's initial
measurements a maximum of two establishments could conceivably locate in the
TODD (LI -4) area.
PLANNING BOARD ACTION
The Planning Board at its December 9, 2003 meeting approved a motion by a vote of 5
ayes and 1 nay, (Mr. Liddy) recommending adoption of an adult entertainment ordinance
as described above which permits adult establishments in the TODD (LI -4) area only.
REVISED ORDINANCE
(1) In the last several months staff has done additional research on the proposed
ordinance prior to it being forwarded to the City Commission for public hearing. This has
resulted in a revised ordinance related which expands the number of zoning districts
which permit adult establishments and reduces the distance requirements between an
LDC Amendment
Adult Entertainment
Page 3 of 3
adult establishment and a church, a school, or other establishment. These changes
respond to a concern of the City Attorney, as expressed in his 8 -18 -03 memo, in that
there must be a reasonable number of alternative locations which would allow an adult
entertainment establishment.
(2) The revised legislation now suggests that adult entertainment uses could also be
allowed in the GR, General Retail Zoning Use District in addition to the TODD (LI -4)
Transit Oriented Development District (Light Industrial -4).
(3) The GR, General Retail zoning use district includes commercial properties facing
Bird Road and S. Dixie Highway, south of the downtown. This district allows most retail
uses including highway type uses such as service stations, automobile dealers and repair,
and used merchandise stores.
(4) In certain locations both the TODD (LI -4) and the GR zoning districts abut
residential zones and churches. In order to assure that there will be at least two potential
locations for an adult use in these districts, the revised ordinance reduces the mandatory
distance between an adult entertainment establishment and schools, churches and
residences.
RECOMMENDATION
It is recommended that the attached revised ordinance on adult entertainment be approved
on first reading with the following amendments proposed by staff :
(1) Adult Entertainment uses be shown in the Permitted Use Schedule as a permitted use
in the TODD (LI -4) Transit Oriented Development District (Light Industrial -4) and
the GR, General Retail Zoning Use District;
(2) The mandatory distances between an adult establishment and schools, churches, and
residences to be reduced from 500 feet to 300 feet; and the distance between adult
establishments be reduced from 750 feet to 300 feet.
It is further recommended that if the revised ordinance is approved on first reading, the
legislation should be referred back to the Planning Board for an additional public hearing
and recommendation. This is necessary due to the extent of the changes made to the
ordinance after its initial review by the Board in December, 2003.
Attachments:
Revised Ordinance
City Attorney's Memo 8118103
Planning Board Minutes 1219103 Excerpt
Copy of Public Notices
MD /DOD /SAY/
E: \Comm Items \2004 \6 -1 -04 \LDC Amend Adult Enter Report.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN
ORDER TO PROVIDE DEFINITIONS PERTAINING TO ADULT
ENTERTAINMENT; AMENDING SECTION 20- 3.3(D) ENTITLED
"PERMITTED USE SCHEDULE" IN ORDER TO ALLOW ADULT
ENTERTAINMENT ESTABLISHMENTS TO BE LOCATED IN
CERTAIN NON - RESIDENTIAL ZONING USE DISTRICTS; AND
CREATING NEW SECTION 20 -3.9 TO BE ENTITLED
"REGULATIONS APPLICABLE TO ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami Land Development Code currently does not
provide for the location of adult entertainment establishments in any of the existing
zoning use districts; and
WHEREAS, the City Commission is committed to protecting the general welfare of
the city and preserving constitutionally protected forms of expression; and
WHEREAS, there is documented experience in numerous other counties and
cities, including Seattle, Tacoma, Desmoines, and Bellevue, Washington; Manatee
County, Florida; St. Mary's, Georgia; Austin, Amarillo, Beaumont, Dallas, and Houston,
Texas; Indianapolis, Indiana; Los Angeles, California; Phoenix, Arizona; Oklahoma City,
Oklahoma; Newport News, Virginia; and Minneapolis and St. Paul, Minnesota showing
that adult entertainment uses are distinguishable from other business uses, and that the
location of adult entertainment uses degrades the quality of life in areas of a community
where they are located, with impacts including increased levels of crime and late hours of
operation resulting in noise and traffic late into the night; and
WHEREAS, it is the intention of the City Commission in the adoption of this
ordinance to rely upon and reference the findings and detailed studies of the
aforementioned communities that empirically document the average influences and
effects of adult entertainment uses on surrounding properties; and
WHEREAS, the City Commission desires to promote the city's image as a safe,
pleasant and attractive place of residence for families with children, by preserving and
promoting the peace and quiet enjoyment of these areas for all persons; and
WHEREAS, it is the desire of the City Commission to preserve and protect the
safety of children and teenagers by designating a specific zoning district within the city
1 where adult entertainment will be permitted, and thereby, limit the proliferation of adult
2 entertainment uses in the vicinity of daycare centers, schools and parks, or in commercial
3 areas where there is significant patronage and presence of children and teenagers; and
4
5 WHEREAS, a significant number of young children, adolescents and young adults
6 frequent the Hometown District and the abutting commercial areas; and
7
8 . WHEREAS, the City Commission does not desire to suppress any constitutionally
9 protected forms of expression, but rather to enact a content - neutral ordinance which
10 addresses the secondary effects of adult uses on the surrounding community, especially
11 crime and effects upon children and family life and, therefore, desires to establish
12 reasonable regulation as to the location of adult uses in order to safeguard and protect the
13 residents of the community from any adverse effects of adult entertainment land uses,
14 while providing to those who desire to operate, work in or patronize adult entertainment
15 establishments the opportunity to do so within the appropriate zoning district designated
16 by the city; and
17
18 WHEREAS, the city's planning department has prepared an amendment to the
19 city's land development code in order to provide definitions, permitted locations and
20 other regulations pertaining to adult entertainment uses; and
21
22 WHEREAS, a public hearing regarding the proposed amendment was held by the
23 Planning Board on December 9, 2003, at which public hearing the board received
24 comments from the public and the Planning Board voted to recommend approval of the
25 proposed amendment to the City Commission; and
26
27 WHEREAS, the City Commission desires to accept the recommendations of the
28 Planning Board and enact the aforesaid amendment.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. That Section 20 -2.3 entitled "Definitions " of the City of South
34 Miami's Land Development Code, is hereby amended to add the following:
35 20 -2.3 Definitions
36
37 Adult arcade. Shall mean any place to which the public is permitted or invited where
38 coin - operated, slug operated, or for any form of consideration, or electronically, or
39 mechanically controlled still or motion picture machines, projectors, video, DVD or other
40 image - producing devices are maintained to show images to five or fewer persons, per
41 machine, at any one time, and where the images so displayed are distinguished or
42 characterized by the depicting or describing of "specified sexual activities" or "specified
43 anatomical areas."
44 (2)
45
46
1 Adult cabaret See "Nude Dancing Establishment."
2 Adult entertainment establishment. Shall mean:
3
4 (1) Any adult arcade, adult cabaret, adult theater, adult bookstore /adult video
5 store, adult motel, adult paraphernalia store, nude model studio or nude
6 dancing establishment; or any other establishment or business operated for
7 commercial gain where any employee, operator or owner exposes his or her
8 specified anatomical area for viewing by patrons, or depicts specified sexual
9 activities, including but not limited to massage establishments, whether or not
10 licensed pursuant to Chapter 480, Florida Statutes, tanning salons, modeling
11 studios, or lingerie studios.
12
13 (2) Excluded from this definition are any educational institutions where the
14 exposure of specified anatomical areas is associated with a curriculum or
15 program.
16
17 (a) Adult bookstore /adult video store. Shall mean an establishment which offers adult
18 material for sale or rent for commercial gain, having as a substantial or significant portion
19 of its sales or stock in trade, books, magazines, films or video media for sale or rent, and
20 other periodicals which are distinguished or characterized by their emphasis on matter
21 depicting, describing or relating to "specified sexual activities" or "specified anatomical
22 areas," or an establishment with a segment or section devoted to the sale or display of
23 such adult material, or an establishment that holds itself out to the public as a purveyor of
24 such adult materials based upon its signage, advertising, displays, or actual sales.
25
26 (b) Adult booth. Shall mean a small enclosed or partitioned area inside an adult
27 entertainment establishment which is:
28 (1) designed or used for the viewing of adult material by one (1) or more persons;
29 and
30 (2) is accessible to any person, regardless of whether a fee is charged for access.
31
32 The term "adult booth" includes, but is not limited to, a "peep show" booth, or other
33 booths used to view "adult materials" (including, but not limited to, video tapes,
34 audiotapes, films, CD -ROMs, DVDs). The term "adult booth" does not include a foyer
35 through which any person can enter or exit the establishment, or a restroom.
36
37 (c) Adult Material. Shall mean any one (1) or more of the following, regardless of
38 whether it is new or used:
39
40 (1) Books, magazines, periodicals or other printed matter, photographs, films,
41 motion pictures, video cassettes, CD -ROMs, DVDs, slides, or other visual
42 representations; recordings, other audio matter; and novelties or devices which
43 have as their primary or dominant theme subject matter depicting, exhibiting,
44 illustrating, describing or relating to specified sexual activities or specified
45 anatomical areas; or
46 (3)
1
2 (2) instruments, novelties, devices or paraphernalia which are designed for use in
3 connection with specified sexual activities.
4
5 (d) Adult Motel. A motel or similar establishment with the word "adult" in its name or
6 advertisement, or otherwise that advertises the presentation of adult material, offering
7 public accommodation for any form of consideration which provides patrons with closed
8 circuit television transmissions, films, motion pictures, video cassettes, DVDs, slides,
9 CD -ROMs or other photographic reproductions for the primary purpose of sexual
10 gratification or as related to specified sexual activities.
11
12 (e) Adult theater. Shall mean an enclosed building used for presenting for observation by
13 patrons motion pictures, films, or video media, distinguished or characterized by an
14 emphasis on matter depicting, describing or relating to sexual conduct or specified
15 anatomical areas. This definition includes adult arcade, adult mini- motion picture
16 theater, adult booth(s) and adult drive -in theaters.
17
18 (f) Nude dancing establishment. An establishment including, but not limited to, any
19 restaurant (eating and drinking establishment), lounge, dance hall, nightclub, or other
20 such place whose business includes offering to customers live entertainment wherein
21 employees, agents, or independent contractors perform dance routines and, or, display or
22 expose anatomical areas, offered as adult entertainment for viewing by patrons and
23 spectators on the premises and characterized by the emphasis on matter depicting,
24 describing or relating to specified sexual activities or specified anatomical areas.
25
26 (g) Specified sexual activities. Shall include, but are not necessarily limited to mean any
27 sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation,
28 masochism, sadism, sadomasochism, any sexual act which is prohibited by law, fondling
29 or other erotic touching of human genitals or pubic region, caressing or fondling of the
30 breasts, buttocks or any portion thereof, anus or genitals or the simulation thereof;
31 excretory functions as part of or in connection with any of the activities listed in this
32 definition.
33
34 (h) Specified anatomical areas. Shall include the following:
35
36 (1) Less than completely opaquely covered human genitals, pubic region, anal cleft,
37 cleft of the buttocks, all or any part of the areola of the female breast including
38
39 (2) cleavage of the human female breast; and the entire lower portion of the female
40 breast, not including cleavage of the human female breast exhibited by a dress,
41 blouse, shirt, leotard, bathing suit or other apparel provided that the areola is not
42 exposed in whole or in part; and
43
44 (3) human male genitals in a discernibly turgid state, even if completely and opaquely
45 covered.
46 (4)
1
2 Section 2 That Section 20 -3.3 entitled "Permitted Use Schedule " of the City's
3 Land Development Code, is hereby amended to read as follows:
4
5 20 -3.3 (D) Permitted Use Schedule
6
17 1?ota.l anA WhnlpcnlP Trwie
1�V 4K11 K
Adult entertainment establishment
� P 7
8 *Adult entertainment establishments snail be sublect to aistance req SUL WILLI iii
9 Section 20 -3.9
10 AND / OR
11
12 20 -3.3 (D) Permitted Use Schedule
13
ZONING
DISTRICT
R
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
0
0
0
R
R
R
O
0
0
0
0
I
I
R
O
A
D
D
D
D
D
D
N
N
R
USE TYPE
D
D
D
D
D
D
D
D
K
M
M
M
L
P
P
U
U
U
I
I
R
4
4
5
4
17 1?ota.l anA WhnlpcnlP Trwie
1�V 4K11 K
Adult entertainment establishment
� P 7
8 *Adult entertainment establishments snail be sublect to aistance req SUL WILLI iii
9 Section 20 -3.9
10 AND / OR
11
12 20 -3.3 (D) Permitted Use Schedule
13
Id Rptnil and Whole%ale Trade
Adult entertainment establishment
p 7
15 *Adult entertainment establishments shall be subject to aistance requirements set torn in
16 Section 20 -3.9
17
18
19
20 (5)
21
ZONING
DISTRICT
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
0
0
0
0
I
R
O
A
D
D
D
D
D
N
R
USE TYPE
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
Id Rptnil and Whole%ale Trade
Adult entertainment establishment
p 7
15 *Adult entertainment establishments shall be subject to aistance requirements set torn in
16 Section 20 -3.9
17
18
19
20 (5)
21
I
Section 3 That Article III, Zoning Regulations of the City's Land Development
2
Code,
is hereby amended to add Section 20 -3.9 to be entitled " Regulations applicable to
3
adult entertainment establishments," said section to read as follows:
4
5
20 -3.9
Regulations applicable to Adult Entertainment Establishments
6
7
Location Standards.
8
(A)
Purpose. The purpose of this ordinance is to establish appropriate requirements
9
under which adult entertainment establishment uses may locate within the City of
10
South Miami. It has been demonstrated statistically through verifiable studies in
1I
numerous communities that adult entertainment establishments have harmful
12
secondary effects on the communities in which the locate, particularly when
13
located near residential or other areas in which residential, educational, religious
14
and, or, recreational uses are permitted.
15
16
(B)
Findings upon which this ordinance is based. The harmful secondary effects
17
which adult entertainment establishments have on communities in which they
18
locate include inappropriate exposure of children and teenagers to graphic sexual
19
images, increased incidence of crime and discouragement of residential,
20
educational, religious and recreational uses. The cumulative effect of the location
21
of adult entertainment establishments, especially in concentration, is a change in
22
the perceived community character. It diminishes quality of life. It also
23
diminishes the options for other uses by other businesses in the neighborhood in
24
which the adult oriented uses are located. Regulation of adult entertainment
25
establishments is necessary to reduce the identified secondary harmful effects
26
27
(C)
Regulation of adult entertainment establishments is also necessary to maintain the
28
integrity of residential areas, schools, churches or other places of worship,
29
libraries, child care centers, parks, playgrounds and, specifically, the downtown
30
area of the City of South Miami, all of which are areas where minors congregate, a
31
segment of the community particularly at risk when in proximity to adult
32
entertainment establishments.
33
34
(D)
No adult entertainment establishment is permitted on a parcel of land located:
35
36
(1) Within 300 feet of any residentially zoned district as designated on the city's
37
official zoning district map, or within 300 feet of any property on which over
38
50% of the floor area is devoted to residential use; or
39
40
(2) Within 300 feet of any parcel of land upon which a house of worship, school,
41
public park, child care center or playground is located; or
42
43
(3) Within 300 feet of any parcel of land upon which another adult entertainment
44
establishment is located.
45
46
(6)
1
2
3
4 (E) The minimum distance separation shall be measured by following a straight line
5 from the main entrance or exit of the adult entertainment establishment to the
6 nearest point of the property designated as residential on the city's official zoning
7 district map or used for a house of worship, school, or public park or playground.
8 In cases where a minimum distance is required between an adult entertainment
9 establishment and another adult entertainment establishment, the distance
10 separation shall be determined by measuring a straight line between the principal
11 means of entrance of each use.
12
13 (F) No application for an occupational license for an adult entertainment establishment
14 shall be approved for zoning compliance unless such application is accompanied
15 by a certified survey from a registered land surveyor in the State of Florida
16 showing that such use meets the distance requirements as set forth in this section.
17
18 (G) Adult entertainment establishments shall be subject to, and comply with the rules
19 and provisions of the city's land development code or any other applicable code or
20 ordinance of the City of South Miami.
21
22 (H) Exterior signs located on the building or premises of an adult entertainment
23 establishment shall conform to the requirements of the city's sign regulations
24 (Section 20 -4.3). Such exterior signs shall not advertise, either graphically or
25 verbally, either by explicit or literal expression, connotation, or implied reference,
26 any "specified sexual activity" or "specified anatomical area."
27
28 Section 4. All ordinances or parts of ordinances in conflict with the provisions
29 of this ordinance are hereby repealed.
30
31 Section 5. If any section, clause, sentence, or phrase of this ordinance is for any
32 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
33 shall not affect the validity of the remaining portions of this ordinance.
34
35 Section 6. Nothing in this ordinance is intended to authorize, legalize or permit
36 the establishment, operation or maintenance of any business, building or uses which
37 violates any ordinance of the City of South Miami or Florida statute regarding public
38 nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the exhibition or
39 public display thereof.
40
41 Section 7. The City shall not accept applications for adult entertainment
42 establishments for locations outside the GR or TODD LI -4 Zoning Use Districts after the
43 approval of this ordinance on first reading.
44
45 (7)
46
1
2
3 Section 8. This ordinance shall take effect immediately at the time of its passage.
4
5 PASSED AND ADOPTED this day of 52004
6
7 ATTEST:
8
9
10
11 CITY CLERK
12
13 1St Reading-
14 2nd Reading -
15
16 READ AND APPROVED AS TO FORM:
17
18
19
20
21 CITY ATTORNEY
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42 (8)
43
44 E: \Comm Items\2004 \5- 18- 04\LDC Adult Enter Ord. CA Draft.doe
45
46
u "M
COMMISSION MOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
CITY OF SOUTH IMIAi
bdEMORANDUM
To: Mayor and city comm'n. Date: August 18, 2003
Maria V. Davis
Sandy A. Youkilis
From: Earl G. Gallop Re: Adult entertainment
This memorandum addresses issues raised - by the announced opening of the Booby
Trap.
I. Relevant facts.
An establishment named the Booby Trap is scheduled to open at the location, of
the former Club Steel. The owner of the new establishment will seek the transfer of
11 the cef uficate of occupancy tilak was issued for �,fuv Seel. n mass mailf ig
advertisement states that "full nudity" will be presented to patrons. A subsequent letter
from counsel for the owner states that entertainers will be- clothed Jil bathing suits. _
II. Statutory laws.
City code section 15 -54, et. seq., defines obscenity, prohibits obscene
performances, and provides for revocation of the license of a violator. The ordinance
was adopted in 1970. Its enforcement is by a municipal judge. The office of municipal
judge was abolished in 1975. The definition of obscenity is old. The law might be
unenforceable.
Section 847.0134, Florida Statutes, prohibits adult entertainment establishments
within 2,500 feet of private or public elementary, middle or secondary schools unless
the local government enacts a zoning regulation authorizing the use upon application
of other criteria. There are two schools located within 2,500 feet of the use Adult
entertainment is defined to include, among other things, the presentation 6i f obscene
Memorandum to Mayor and city comm'n
Cc: Maria V. Davis and Sandy A. Youkiiis
August 18, 2003
Page 2 of 3
live entertainment. It cannot be determined at this time that the facility will be an adult
entertainment establishment.
III. Constitutional requirements.
Adult entertainment is a form of constitutionally protected speech. Zoning
regulations that. prohibit all forms of adult entertainment are presumptively
unconstitutional. Regulations that address the undesirable secondary effects of adult
entertainment will be evaluated as time, place and manner regulation of speech. To be
upheld, the regulations must be "content neutral," that is, they may not seek to restrain
speech. Content neutral regulations will be upheld if they are found by a court: (1) to
serve a substantial government interest and (2) do not unreasonably limit alternative
avenues of communication.
Substantial government interests include preventing crime, protecting the city's
retail trade, maintaining property values, and generally protecting the quality of the
city's neighborhoods, commercial districts, and the quality of urban life.
Cities must allow a "reasonable amount" of adult entertainment. Generally,
federal courts have found the number of sites to be inadequate if less than 1% of the
city acreage is available for that use. The Miami -Dade County ordinance was declared
unconstitutional where it allowed the use on less than 1% of the zoned land. Courts
will also look at the ratio of possible adult businesses to population. In one case, the
court found that the ratio of one adult business site for a population of 12,565 persons
was inadequate. That case provides useful guidance even though it is not controlling.
IV. Recommendations.
We recommend the following:
• Do not interfere with transfer of the occupation license based on concerns about
the nature of the business.
• Do not interfere with approval of signage based upon speculation about
possible unauthorized future use.
Memorandum to Mayor and city comm'n
Cc: Maria V. Davis and Sandy A. Youkilis
August 18, 2003
Page 3 of 3
® Work with the State Attorney's Office to patrol activities at the facility. If.
entertainers engage in adult entertainment activity, then the responsible persons
will be arrested and prosecuted for illegal activity involving a felony.
® Enact an ordinance that allows the constitutionally - required minimum number
of adult entertainment establishments and addresses the secondary of
the business.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, December 9, 2003
City Commission Chambers
7:30 P.M.
I Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:30 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Comendeiro,
Ms. Yates, Ms. Gibson, and Mr. Mann.
Board members absent: Mr. Illas.
City staff present: Michael A. Sprovero, CBO (Executive Director of Community
Development), Sanford A. Youkilis (Acting Planning Director), Luis Figueredo, (City
Attorney), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
IV. Public Hearings (Mr. Morton swore in speakers)
PB -03 -018
Applicant: City of South Miami
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY AMENDING SECTION 20 72.3 ENTITLED
"DEFINITIONS" IN ORDER TO PROVIDE DEFINITIONS PERTAINING TO
ADULT ENTERTAINMENT; AMENDING SECTION 20- 3.3(D) ENTITLED
"PERMITTED USE SCHEDULE" IN ORDER TO ALLOW ADULT
ENTERTAINMENT ESTABLISHMENTS TO BE LOCATED IN THE TODD (LI -4)
ZONING USE DISTRICT; AND CREATING NEW SECTION 20 -3.9 TO BE
ENTITLED "REGULATIONS APPICABLE TO ADULT ENTERTAINMENT
ESTABLISHMENTS" ;PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
December 9, 2003
Action: Ms. Yates read the item into the record. Mr. Youkilis presented the staff report.
The City of South Miami is proposing an amendment to the Land Development Code that
would permit adult entertainment establishments as a permitted use in the TODD (LI -4)
Zoning Use District. The draft ordinance prepared jointly by the Planning Department and
the City Attorney's office, also provided a series of definitions and special standards to
regulate specific locations and to reduce the secondary impacts of this type of business on
the community.
This issue became a priority in August, 2003 when an adult establishment (Booby Trap)
opened for business. The City Attorney at that time advised the City Commission that it is
unconstitutional to not allow adult entertainment to locate within the City, as is the
situation at present. He advised that the City must enact legislation to allow adult
entertainment establishments as a permitted use at some location(s).
Mr. Youkilis recommended approval of the draft ordinance which would permit adult
entertainment establishments in the TODD (LI -4) zoning use district. He explained that this
was the only district which met all the special distance requirements set forth in the
ordinance by the City Attorney.
At this point Mr. Morton opened the public hearing.
Speaker:
Alan Dale Mobley
Cal Rosenbaum
1025 Cotorro Avenue
6101 Sunset Drive
Opposed amendment
Opposed amendment
Motion: Mr. Commendeiro moved that the Planning Board approve the proposed LDC
amendment as drafted. Ms. Gibson seconded the motion.
Vote: Ayes 5 Nays 1 (Mr. Liddy)
SAY /ped
i
k ;
MIAMI CITY OF SOUTH
NOTICE OF PUBLIC
HEARINGS
i. _
F SATURDAY,MAY8 20Q4 15B
--
- __..__.
Maria M. Menendez
City Clerk
'Purs'uant to Florida Statutes 286.0105, the City;
!Ihdtli f a. person decides to, appeal any, decision rr
or Commission with respect to any matter "con
hearing; ='he or she.will need a record of the proc
purpose; affected person may need 10 ensur e the
proceedings is made which record includes the te#
which e appeal is to bpbased.