3/20/2019 12:54:15 PM
9/30/2015 4:04:41 PM
Eating and Drinking Establishments
State Filed Date
General Commercial District
Heavy Commercial District
Amend S.20 CG,S.20.1 CH, S.21 IL, S.22(A
Alcoholic Beverage Sales and Nudity
Adult Entertainment Facilities
Codified or Exempt
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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 />
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