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9/7/88 <br />rich2 <br />LR -Planning <br />DN/vj <br />ORDINANCE NO, 88- 43 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING <br />SECTION 20 CG: GENERAL COMMERCIAL DISTRICT, SECTION 20.1 <br />CH: HEAVY COMMERCIAL DISTRICT, SECTION 21, IL LIGHT <br />INDUSTRIAL DISTRICT, SECTION 22 (A). IG: GENERAL INDUSTRIAL <br />DISTRICT, AND SECTION 25.1 OF APPENDIX A OF THE CODE OF LAWS <br />AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE <br />ZONING CODE; PROVIDING FOR ESTABLISHING BOTTLE CLUBS AS <br />SPECIAL EXCEPTION USES IN THE CG AND CH DISTRICTS, ADULT <br />ENTERTAINMENT FACILITIES AS SPECIAL EXCEPTION USES IN THE IL <br />AND IG DISTRICTS, AND PROVIDING FOR DEFINITIONS OF BOTTLE <br />CLUBS AND ADULT ENTERTAINMENT FACILITIES; AND TO AMEND <br />CHAPTER 2, ALCOHOLIC BEVERAGES, SECTION 2-3, CERTAIN ACTS <br />PROHIBITED IN ESTABLISHMENTS SELLING BEVERAGES, OF THE CODE <br />OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA; <br />PROVIDING FOR THE PROHIBITION OF CERTAIN ACTS OF NUDITY IN <br />ESTABLISHMENTS WHERE ALCOHOL IS CONSUMED ON THE PREMISES; <br />AND PROVIDING FOR REPEAL OF CONFLICTING.4 PROVISIONS, <br />CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.' <br />WHEREAS, The BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, has found that there is a direct relationship <br />between nude and semi-nude activities, prohibited hereunder, and <br />more fully described hereinafter, and an increase in criminal <br />activities, moral degradation and disturbances of the peace and <br />good order of the community, this being based on the findings in <br />New York State Liquor Authority v. Bellanca, 452 U.S. 714 (1981) <br />(per curium). Accord, California v. LaRue, 409 U.S. 109 (1972), <br />and further finds that the concurrency of these activities is <br />hazardous to the health and safety of those persons in attendance <br />and to the general public, and tends to depreciate the value of <br />adjoining property and harm the economic welfare of the community <br />as a whole, and <br />WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA, has determined that commercial establishments <br />established primarily not for the sale of alcholic beverages but <br />for furnishing a location for consumption of alcoholic beverages <br />provided by the establishments patron, heretofore known as bottle <br />clubs, have adverse secondary impacts on surrounding properties <br />and are disruptive to the general peace and order of the <br />