§ 1-10-111. Definitions.

For the purpose of this article, unless otherwise specifically provided in a particular article or section of this chapter or unless the context clearly requires otherwise, the following words or terms shall have the following meaning. Words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary; the word "may" is permissive. Unless the context indicates otherwise, the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this article; and the term "hereafter" means after, and the term "heretofore" means before the effective date of this article. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

Applicant means any business entity or person that has applied for a sexually oriented business license.

Business entity means any and all persons, natural or artificial, including any individual, firm, corporation or association operating or proposed to operate for commercial or pecuniary gain, regardless of actual profit or loss. "Operated for commercial or pecuniary gain" shall be presumed where the establishment has a local business tax receipt. The term business entity includes any enterprise or venture in which a person sells, buys, exchanges, barters, deals or represents the dealing in any thing of value, or renders services for compensation.

Conviction means a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, or a determination of guilt resulting from a plea of guilty or nolo contendere, or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended. The term shall also include a finding of a violation by the code enforcement board.

Employee means a person who works or performs or provides services in connection with a sexually oriented business, irrespective of whether such person is paid a salary or wage by the owner or manager of the premises, or is an independent contractor, provided such person has a substantial or consistent relationship with the business of, or entertainment services provided by, the sexually oriented business. The term employee included performers, managers and assistant managers, stock persons, tellers, and operators. The term employee includes a person who pays a form of consideration to the owner or manager of the sexually oriented business for the privilege of working, performing, or exposing his or her specified anatomical areas within the establishment.

Operator means any person or business entity who engages in or performs any activity which is necessary to or which facilitates the operation of a sexually oriented business, including the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, performer, employee, or supervisor. The term is not meant to include repairmen, janitorial personnel, or the like, which persons are only indirectly involved in facilitating the operation of the sexually oriented business.

Sexually oriented business shall have the meaning given in Charlotte County Code, section 3-9-2.

Specified anatomical area shall have the meaning given in Charlotte County Code, section 3-9-2.

Specified criminal act means:

(1)

A violation of this article sufficient to warrant suspension or revocation of a sexually oriented business license under section 1-10-131(b) and (c) of this article;

(2)

An offense under chapter 794, Florida Statutes (sexual battery);

(3)

An offense under chapter 796, Florida Statutes (prostitution);

(4)

An offense under chapter 800, Florida Statutes (lewdness; indecent exposure);

(5)

An offense under chapter 826, Florida Statutes (bigamy; incest);

(6)

An offense under chapter 847, Florida Statutes (obscene literature; profanity); or

(7)

An offense under a statute of a state other than Florida analogous to the offenses listed in subsections (2) through (6), of this definition, or under an analogous ordinance of another county or city which would be sufficient to warrant suspension or revocation of a sexually oriented business license under section 1-10-131(b) and (c) of this article.

Specified sexual activity shall have the meaning given in Charlotte County Code, section 3-9-2.

(Ord. No. 99-036, § 1, 9-20-99; Ord. No. 2008-037, § 7, 4-22-08)