LEGISLATIVE ACTION ITEM
SPONSOR: Grover C. Robinson, IV, Mayor
SUBJECT:
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PROPOSED ORDINANCE NO. 34-21 - ELIMINATING PERMIT REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENT EMPLOYEES.
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RECOMMENDATION:
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That City Council adopt Proposed Ordinance No. 34-21 on second reading.
AN ORDINANCE AMENDING SECTIONS 7-3-23 AND 7-3-119 AND REPEALING SECTION 7-3-45 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; ELIMINATING PERMIT REQUIREMENTS FOR ADULT ENTERTAINMENT EMPLOYEES; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
In 1998, the City of Pensacola engaged a consultant and undertook a detailed analysis of the social and economic impact of adult entertainment facilities in the City. Based on the findings and recommendations of the consultant, in early 1999, the City Council adopted comprehensive regulations of the adult entertainment industry which remain in place. One element of the adult entertainment regulations is a provision that requires employees of licensed adult entertainment establishments to undergo background checks and obtain an annual permit from the City to be so employed.
The Mayor recommends repeal of the permit requirement for the following reasons:
- There is no criminal activity that would justify or support any link between criminal activity that occurs, and that same criminal activity being deterred, by a requirement for employees of adult establishment businesses to obtain employee work permits;
- There is not any data that supports the premise and practice of requiring those particular type of employees to provide personal information to law enforcement as part of a city permit process as serving any purpose;
- This is the only permit requirement that the city imposes on entertainment venue occupations;
- Adult entertainment establishments already must have a city-issued license to operate; and
- The personal information required of applicants/employees for this permit constitutes public record information which is not exempt under Florida law and unnecessarily provides their personal information that has been collected by the City to be released to anyone who requests it.
License requirements as currently exist for adult entertainment businesses in the city ordinances remain unchanged.
PRIOR ACTION:
August 12, 2021 - City Council voted to approve Proposed Ordinance No. 34-21 on first reading.
January 14, 1999 - City Council adopted Ordinance No. 4-99 creating Chapter 7-3 of the Code, regulating the adult entertainment industry within the City limits.
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
7/29/2021
STAFF CONTACT:
Keith Wilkins, City Administrator
Kerrith Fiddler, Deputy City Administrator - Community Development
ATTACHMENTS:
1) Proposed Ordinance No. 34-21
PRESENTATION: No end