§ 1-3-4. Same—Prohibited acts.

(a)

It shall be unlawful for any person maintaining, owning or operating an establishment dealing in alcoholic beverages:

(1)

To suffer or permit any female person, while on the premises of said establishment, to expose to the public view the portion of the human female breast directly or laterally below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include 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 so exposed;

(2)

To suffer or permit any female person, while on the premises of said establishment, to employ any device or covering which is intended to give the appearance of or simulate such portion of the human female breast as described in paragraph (a)(1) above;

(3)

To suffer or permit any person, while on the premises of said establishment, to expose to public view such person's genitals, pubic area, or buttocks; or

(4)

To suffer or permit any person, while on the premises of said establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, or buttocks.

(b)

It shall be unlawful for any female person, while on the premises of an establishment dealing in alcoholic beverages, to expose to public view such portion of the human female breast as described in paragraph (a)(1) above; or to employ any device or covering which is intended to give the appearance of or simulate such portion of the female breast as described in paragraph (a)(1) above.

(c)

It shall be unlawful for any person, while on the premises of an establishment dealing in alcoholic beverages, to expose to public view such person's genitals, pubic area, or buttocks, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, or buttocks.

(d)

Definitions: The following terms, when used in this section, shall have the following meanings:

Alcoholic beverages shall mean all distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.

Buttocks: (For a short general description see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two (2) imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being ½ inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being ½ inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two (2) imaginary straight lines, one on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either (1) the left inside perpendicular line and the left outside perpendicular line or (2) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence, the left inside perpendicular line shall be an imaginary straight line on the left side of the anus (1) that is perpendicular to the ground and to the horizontal lines described above and (2) that is 1/3 of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (1) that is perpendicular to the ground and to the horizontal lines described above and (2) that is 1/3 of the distance from the anus to the right outside line. (The above description can "generally" be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.)

Establishments dealing in alcoholic beverages shall mean any business, commercial or other establishment (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the state for sale and/or service of alcoholic beverages, and any bottle club; hotel; motel; restaurant; night club, country club; cabaret; meeting facility utilized by any religious, social, fraternal or similar organization; business, commercial or other establishment where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be, or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises or curtilage of said business, commercial or other establishment; or business, commercial or other establishment where the consumption of alcoholic beverages is permitted. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be establishments dealing in alcoholic beverages.

(Ord. No. 75-24, § 2, 8-26-75; Ord. No. 99-035, § 1, 7-20-99)

State law reference

Lewdness, indecent exposure, F.S. Ch. 800.