§ 113.20. PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS.

(A)

Definitions.

Alcoholic beverage establishment: Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the State for sale and or service of alcoholic beverages, which include, but are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant, night club, country club, cabaret, and meeting facility located in the City of Delray Beach in which alcoholic beverages, beer or wine are, or are available to be, sold, dispensed, served, consumed, provided, possessed or offered for sale or consumption on the premises.

Nudity. The exposing to public view of the human male or female genitals, public area, cleavage of the human buttocks, or 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).

Partial nudity. The exposing to public view of the human male or female cleavage of the human buttocks or that portion of the human female breast encompassed 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) with less than a full opaque covering; or the depiction of covered human male genitals in a discernibly turgid state.

(B)

Nudity, Partial Nudity and Sexual Conduct Prohibited.

(1)

No person shall engage in nudity in any alcoholic beverage establishment.

(2)

No employee of, or person having an independent contractual relationship with, the owner or operator of an alcoholic beverage establishment shall engage in partial nudity in any alcoholic beverage establishment.

(3)

No person maintaining, owning or operating an alcoholic beverage establishment shall suffer or permit any employee or person having an independent contractor status as to the owner or operator of the alcoholic beverage establishment to engage in nudity or partial nudity within any alcoholic beverage establishment.

(4)

No person shall engage in and no person maintaining, owning or operating an alcoholic beverage establishment shall suffer or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks, or any portion thereof, anus or genitals or the simulation thereof, within any alcoholic beverage establishment.

(C)

No alcoholic beverage establishment may be located within two hundred (200) feet of any parcel of land upon which an establishment permitting nudity or partial nudity is located except if the establishment permitting nudity or partial nudity is separated from an alcoholic beverage establishment by a railroad corridor or an arterial roadway as the width of the railroad corridor and/or arterial roadway shall be deemed a sufficient separation.

(D)

For purposes of the above division (C), distance shall be by airline measurement from property line to property line using the closest property lines of the parcels of land involved. The term parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a lot or which has been used or developed as a lot.

(Ord. No. 35-90, passed 8/28/90; Am. Ord. No. 56-90, passed 11/13/90; Am. Ord. No. 38-98, passed 10/6/98; Ord. No. 44-03, §§ 1, 2, passed 12/2/03)