§ 25-2. Beverage solicitation.

(a)

Title. This section shall be known and may be cited as the "Orange County Beverage Solicitation Ordinance."

(b)

Legislative findings. Based on the evidence and testimony presented at the public hearing before the board of county commissioners on August 6, 1996, the evidence provided through written complaints of citizens, and the evidence provided by the Metropolitan Bureau of Investigation, which includes the sheriff of the county and the State Attorney of the Ninth Judicial Circuit, the board of county commissioners finds and determines that:

(1)

Commercial establishments exist within the county where performers, employees, agents, or independent contractors solicit, beg, request, advise, entice, pressure, propose or suggest customers purchase items of value, primarily drink or beverages, ostensibly for the consumption by a performer, employee, agent, or independent contractor.

(2)

F.S. § 562.131 prohibits such solicitation practices and activities in establishments which are licensed to sell alcoholic beverages.

(3)

The solicitation practices and activities described above are, however, conducted in the county in certain commercial establishments which do not have a license to sell alcoholic beverages and/or which do not have the zoning or license to present adult entertainment, but which are presented or promoted to the public in every manner possible as a bar or adult entertainment nightclub featuring sexually suggestive performances, often leading to confusion in customers who enter such establishments as to the actual nature of the establishments and their practices.

(4)

The solicitation practices and activities described above are primarily conducted by staff or performers who dress and speak to their customers in a sexually suggestive manner and who solicit customers to purchase a performer a drink at which time the customer is usually charged a premium price often without knowing that the drinks or beverages to be served will be "non-alcoholic." Customers in such establishments are also solicited to purchase such drinks for performers by waitresses, waiters, bartenders, disc jockeys, and other staff, as well as by the performers themselves.

(5)

The staff or performers who engage in such solicitation practices and activities in these commercial establishments are commonly teenagers who are sometimes under the age of eighteen (18) years.

(6)

The staff and performers in these commercial establishments who solicit drinks, beverages or other items are paid or compensated by the operators of the establishments through a fee or commission which is paid for each drink, beverage or other item that a customer buys for the use or consumption of a performer or staff member.

(7)

The staff or performers in these commercial establishments who engage in such solicitation practices and activities falsely tell or lead the customers to believe that they actually want to consume the drink, beverage or other item to be purchased but the performers, employees, agents, or independent contractors are typically motivated by the commission paid by the establishment to them for each drink, beverage or other item purchased for them by a customer.

(8)

The staff or performers in the establishment who engage in such solicitation practices and activities engage in sexually suggestive performances, offer or suggest to customers that if they purchase a drink, beverage or other item for the performer the customer will receive a "private dance" or "table dance" or will be allowed to dance with or touch the performer, and actually dance with and allow customers to touch or grope them in order to successfully solicit the purchase of drinks.

(9)

Such solicitation practices and activities are deceptive and lead to fraudulent and deceptive trade practices and lewd activities between customers and staff or performers, are detrimental to the health, safety, and welfare of the customers who may enter such establishments, are detrimental to the morals of the minor children who are engaged as staff or performers in such establishments and are determined to be detrimental to the tourist-oriented segment of the county's economy.

(c)

Legislative intent. The legislative intent of this section is to regulate commercial establishments in the county to prohibit the staff or performers of commercial establishments in the county, regardless of whether the establishments sell alcoholic beverages, from soliciting the purchase of drinks or other goods for the consumption of staff or performers of the establishment in order to protect the health, safety, and welfare of the customers who may enter such establishments, to protect the morals of minor children who may be engaged to work or perform in such establishments, to protect the tourist-oriented segment of the county's economy, to protect the public from fraud, and to suppress lewd activities between customers and performers for commercial purposes.

(d)

Applicability. This section shall apply to the unincorporated areas of Orange County, and to the incorporated areas of Orange County to the extent consistent with section 704 of the County Charter.

(e)

Definitions.

(1)

Staff or performer. This term shall mean any staff, performer, owner, manager, employee, independent contractor or other person who is allowed to work, perform, or earn income, tips or other compensation within any commercial establishment, irrespective of whether he or she is paid a salary or wage.

(2)

Commercial establishment. This term shall mean any site or premises, or portion thereof, which has an occupational license, where any occupation or business is conducted, where money is collected from customers or members of the public, or where activities or operations are conducted for income or commercial or pecuniary gain, regardless of actual net profit or loss.

(3)

Customer. This term shall mean any person or member of the public which enters a commercial establishment other than an operator or staff or performer of the commercial establishment, and shall include any law enforcement officer within the establishment.

(4)

Operator. This term shall mean any person who engages in or performs any activity which is necessary to, or which facilitates the operation of a commercial establishment, including but not limited to the licensee, owner, manager, doorman, bartender, disc jockey, or supervisor.

(f)

Prohibited activities.

(1)

It shall be unlawful for any staff or performer of a commercial establishment in the county to solicit, beg, request, advise, entice, pressure, propose to, or suggest to a customer at the establishment to purchase any drink, beverage, or other item of value for the use or consumption of that, or any other, staff or performer of the establishment.

(2)

It shall be unlawful for any operator of a commercial establishment in the county to permit, suffer, or allow any staff or performer of the establishment to solicit, beg, request, advise, entice, pressure, propose to, or suggest to a customer or patron at the establishment to purchase any drink, beverage, or other item of value for the use or consumption of that, or any other, staff or performer of the establishment.

(g)

Penalties. Whoever violates subsection (f) may be punished as provided in section 1-9 of this Code.

(h)

Enforcement. Responsibility for enforcement of this section is vested in the county sheriff's office and the Metropolitan Bureau of Investigation.

(i)

Injunctive relief. It is hereby found and declared that a violation of the provisions of this section constitutes an irreparable injury to the people of the county. Accordingly, the county may additionally or alternatively institute a civil action in a court of competent jurisdiction to seek injunctive relief or enforce compliance with this section and to enjoin any violation of this section to prevent injury to the health, safety and general welfare caused or threatened by any violation.

(j)

Effective date. This section shall become effective on August 15, 1996.

(Ord. No. 96-21, §§ 1—10, 8-6-96)

Cross reference

Adult entertainment code, ch. 3.