A New Pasco County, Florida Ordinance
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Michael
Jan 10, 2008, 9:09:17 PM1/10/08
to Billyville
Here is something that we all need to be aware of ... are all Pasco
County naturist Facilities to be labeled as Sex Oriented
Business's ??
This has allegedly come about because Caliente resort is openly
lpromoting themselves as a sex oriented facility with Swinger events
operated by a swingers club called Club Elite in Port Richey, Florida.
And Caliente is still on the active roster of AANR, the voice of
"Family" Naturism. Apparently when the County Commissioners looked in
to this situation the swingers thumbed their noses at them. I feel
that now all have to pay for what AANR would not protect us from.
...........................................................................
AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE PASCO COUNTY LAND
DEVELOPMENT CODE, CHAPTER 200 TO PROVIDE DEFINITIONS FOR
"SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"
-IN REFERENCE TO SEXUALLY-ORIENTED BUSINESSES OR ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR APPLICABILITY,
REPEALER, SEVERABILITY, INCLUSION INTO THE LAND DEVELOPMENT
CODE,-MODIFICATION AND AN EFFECTIVE DATE.
Memorandum CAO08-0805
Recommendation: Approve
.......................................................................................................................
.......................................................................................................................
Ordinance To Better Define 'Adult'
By JULIA FERRANTE, The Tampa Tribune
Published: January 8, 2008
A Pasco County ordinance intended to regulate adult businesses fails
to define some of the basic terms that characterize such enterprises.
County commissioners are slated to clarify the adult business
ordinance at public hearings today and Jan. 22 by adding to the land
development code definitions for "specified anatomical areas" and
"specified sexual activities."
Officials say they hope the changes will make it easier to enforce the
ordinance, which last was amended in January 2003.
"We haven't had a problem enforcing it," Assistant County Attorney
Kristi Wooden said. "This is just a necessary change. The purpose is
to better define what is an adult business."
Pasco code enforcement officials and county attorneys have pursued
just a handful of adult-oriented business cases during the past five
years, for an average of about three a year. Wooden said the cases
typically address whether a business is conducting or promoting
activity outside of its purview, if it has been abandoned or otherwise
is violating its grandfathered status.
County naturist Facilities to be labeled as Sex Oriented
Business's ??
This has allegedly come about because Caliente resort is openly
lpromoting themselves as a sex oriented facility with Swinger events
operated by a swingers club called Club Elite in Port Richey, Florida.
And Caliente is still on the active roster of AANR, the voice of
"Family" Naturism. Apparently when the County Commissioners looked in
to this situation the swingers thumbed their noses at them. I feel
that now all have to pay for what AANR would not protect us from.
...........................................................................
AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE PASCO COUNTY LAND
DEVELOPMENT CODE, CHAPTER 200 TO PROVIDE DEFINITIONS FOR
"SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"
-IN REFERENCE TO SEXUALLY-ORIENTED BUSINESSES OR ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR APPLICABILITY,
REPEALER, SEVERABILITY, INCLUSION INTO THE LAND DEVELOPMENT
CODE,-MODIFICATION AND AN EFFECTIVE DATE.
Memorandum CAO08-0805
Recommendation: Approve
.......................................................................................................................
.......................................................................................................................
Ordinance To Better Define 'Adult'
By JULIA FERRANTE, The Tampa Tribune
Published: January 8, 2008
A Pasco County ordinance intended to regulate adult businesses fails
to define some of the basic terms that characterize such enterprises.
County commissioners are slated to clarify the adult business
ordinance at public hearings today and Jan. 22 by adding to the land
development code definitions for "specified anatomical areas" and
"specified sexual activities."
Officials say they hope the changes will make it easier to enforce the
ordinance, which last was amended in January 2003.
"We haven't had a problem enforcing it," Assistant County Attorney
Kristi Wooden said. "This is just a necessary change. The purpose is
to better define what is an adult business."
Pasco code enforcement officials and county attorneys have pursued
just a handful of adult-oriented business cases during the past five
years, for an average of about three a year. Wooden said the cases
typically address whether a business is conducting or promoting
activity outside of its purview, if it has been abandoned or otherwise
is violating its grandfathered status.
sunbare
Jan 11, 2008, 1:19:31 PM1/11/08
to Billyville
This new ordiance worries me. Up until now Pasco County has been very
nudist friendly.
After doing some research I believe that the ordiance is aimed more at
Club Elite itself and not so much at the established nudist
facilities. Club Elite is operating a storefront sex club in Port
Richey that is open, it appears to almost anyone willing to pay the
membership fee.
The fact that Caliente is indeed endorsing the swinger lifestyle, and
accepting of Club Elite, is certainly not a positive for family nude
recreation. It would indeed be very easy for our elected officials to
lump all nudists into the same catagory as Club Elite. I know from
recent conversations that many of the residents of Caliente do not
condone the current direction of the club and many no longer utilize
the club facilities.
I would encourage all true nudists to contact AANR with their concerns
about Caliente and this new county ordiance. It seems Caliente is
quickly going the way of their neignbors and will soon become just
another "Riverboat Club" with fancier facilities unless we make our
voice heard and say THIS IS NOT ACCEPTABLE!!! One bad apple can indeed
ruin the whole barrell.
Alan
On Jan 10, 9:09 pm, Michael <mthompso...@tampabay.rr.com> wrote:
> Here is something that we all need to be aware of ... are all Pasco
> County naturist Facilities to be labeled as Sex Oriented
> Business's ??
>
> This has allegedly come about because Caliente resort is openly
> lpromoting themselves as a sex oriented facility with Swinger events
> operated by a swingers club called Club Elite in Port Richey, Florida.
> And Caliente is still on the active roster of AANR, the voice of
> "Family" Naturism. Apparently when the County Commissioners looked in
> to this situation the swingers thumbed their noses at them. I feel
> that now all have to pay for what AANR would not protect us from.
>
> ...........................................................................
>
> AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY
> COMMISSIONERS AMENDING THE PASCO COUNTY LAND
> DEVELOPMENT CODE, CHAPTER 200 TO PROVIDE DEFINITIONS FOR
> "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"
> -IN REFERENCE TO SEXUALLY-ORIENTED BUSINESSES OR ADULT
> ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR APPLICABILITY,
> REPEALER, SEVERABILITY, INCLUSION INTO THE LAND DEVELOPMENT
> CODE,-MODIFICATION AND AN EFFECTIVE DATE.
> Memorandum CAO08-0805
> Recommendation: Approve
>
> .......................................................................................................................
> .......................................................................................................................
nudist friendly.
After doing some research I believe that the ordiance is aimed more at
Club Elite itself and not so much at the established nudist
facilities. Club Elite is operating a storefront sex club in Port
Richey that is open, it appears to almost anyone willing to pay the
membership fee.
The fact that Caliente is indeed endorsing the swinger lifestyle, and
accepting of Club Elite, is certainly not a positive for family nude
recreation. It would indeed be very easy for our elected officials to
lump all nudists into the same catagory as Club Elite. I know from
recent conversations that many of the residents of Caliente do not
condone the current direction of the club and many no longer utilize
the club facilities.
I would encourage all true nudists to contact AANR with their concerns
about Caliente and this new county ordiance. It seems Caliente is
quickly going the way of their neignbors and will soon become just
another "Riverboat Club" with fancier facilities unless we make our
voice heard and say THIS IS NOT ACCEPTABLE!!! One bad apple can indeed
ruin the whole barrell.
Alan
On Jan 10, 9:09 pm, Michael <mthompso...@tampabay.rr.com> wrote:
> Here is something that we all need to be aware of ... are all Pasco
> County naturist Facilities to be labeled as Sex Oriented
> Business's ??
>
> This has allegedly come about because Caliente resort is openly
> lpromoting themselves as a sex oriented facility with Swinger events
> operated by a swingers club called Club Elite in Port Richey, Florida.
> And Caliente is still on the active roster of AANR, the voice of
> "Family" Naturism. Apparently when the County Commissioners looked in
> to this situation the swingers thumbed their noses at them. I feel
> that now all have to pay for what AANR would not protect us from.
>
> ...........................................................................
>
> AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY
> COMMISSIONERS AMENDING THE PASCO COUNTY LAND
> DEVELOPMENT CODE, CHAPTER 200 TO PROVIDE DEFINITIONS FOR
> "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"
> -IN REFERENCE TO SEXUALLY-ORIENTED BUSINESSES OR ADULT
> ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR APPLICABILITY,
> REPEALER, SEVERABILITY, INCLUSION INTO THE LAND DEVELOPMENT
> CODE,-MODIFICATION AND AN EFFECTIVE DATE.
> Memorandum CAO08-0805
> Recommendation: Approve
>
> .......................................................................................................................
Michael
Jan 11, 2008, 4:35:20 PM1/11/08
to Billyville
In principle you are correct Allen, but in reality why doesn't the
Ordanance say that ?? So the county moves Club Elite ... the
Ordanance still stays on the books.
The wording of the Ordanance is so broad that it even takes in your
bedroom or shower .... anywhere someone is nude. We in the Park can be
labeled an Adult Business as naturists, and closed down if we are
within 1000' of a residential subdivision.
Write AANR ... well O.K. ... but I would recommmend that everyone call
Erick and scream your head off. His decisions are at the forefront of
what is happening.
Maybe one of the worst, most Draconian and controlling Ordanances
within the whole country respecting nudity. At least exempt all people
located inside the outer boundaries of a Ligitimate Nudist Park.
Michael T.
www.Fairwindlakes.com
> > is violating its grandfathered status.- Hide quoted text -
>
> - Show quoted text -
Ordanance say that ?? So the county moves Club Elite ... the
Ordanance still stays on the books.
The wording of the Ordanance is so broad that it even takes in your
bedroom or shower .... anywhere someone is nude. We in the Park can be
labeled an Adult Business as naturists, and closed down if we are
within 1000' of a residential subdivision.
Write AANR ... well O.K. ... but I would recommmend that everyone call
Erick and scream your head off. His decisions are at the forefront of
what is happening.
Maybe one of the worst, most Draconian and controlling Ordanances
within the whole country respecting nudity. At least exempt all people
located inside the outer boundaries of a Ligitimate Nudist Park.
Michael T.
www.Fairwindlakes.com
>
> - Show quoted text -
rox262
Jan 12, 2008, 8:16:53 AM1/12/08
to Billyville
I have sent this new information to Hugh Williams who is the AANR-
Florida Vice President and the Chairman of Government Affairs. His
reply is:
"Erich has filed a memo on it, and he and John Calander will be
attending the hearing. Opinion at this point is not to much harm to
us."
Erich is the Executive Director of AANR, and John Calander is the
Legal Counsel for AANR-Florida.
Rocco T
> > - Show quoted text -- Hide quoted text -
Florida Vice President and the Chairman of Government Affairs. His
reply is:
"Erich has filed a memo on it, and he and John Calander will be
attending the hearing. Opinion at this point is not to much harm to
us."
Erich is the Executive Director of AANR, and John Calander is the
Legal Counsel for AANR-Florida.
Rocco T
Michael
Jan 12, 2008, 6:30:36 PM1/12/08
to Billyville
J from Lake Como sent this in .... its worth reading on this subject.
.....................................................................
.....................................................................
Here's the ordinance amending definitions county staff sent to
Ken
Kushman and presumedly AANR etc. Nudist parks are specifically
exempted
from being considered sexually-oriented business in municode, but
it's
only a one-liner and the wording is that nudist parks "should" be
exempt,
not "shall" be exempt.
Club Elite has no employees, performers etc who show any of the
items
the county defines, and as far as I can tell the county only refers to
employees, performers, visual media etc, not customers or club
members.
Elite's business could be said to depend on activities defined as
adult
entertainment, but the burden of proof is on the county; no one
loosely
defined as an employee will approach a patron offering anything. It
could
also be construed a free-speech issue in that the protected speech
is
between patrons.
Here's current code:
http://www.municode.com/resources/gateway.asp?Check=True&pid=10281&sid=9
Here's the definition from the Land Development Code:
G. "Sexually oriented business" means:
1. Any physical contact establishment;
2. Any premises where members of the public or any person for
consideration are offered any live or recorded performance, or any
visual
images tangibly fixed in any medium, which performance, image, or
recording has as its primary or dominant theme subject matter
depicting,
describing, or relating to specified sexual activities or specified
anatomical areas; or
3. Any premises where the presentation or distribution of any
performance, recording, or visual image requires the exclusion of
minors
from the premises pursuant to F.S. ch. 847.
Again, Elite offers none of those services.
I believe there will be a second proposed ordinance amendment
following
this definitions ordinance in which the county seeks to broaden what
makes
a sexually oriented business such and that's what we'll need to
watch
for. It'll be interesting to see how the county will redefine a
sexually-oriented business to include one in which the anatomical
parts
aren't visible, no one performs, employees don't touch etc.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Here's the ordinance amending definitions county staff sent to
Ken
Kushman and presumedly AANR etc. Nudist parks are specifically
exempted
from being considered sexually-oriented business in municode, but
it's
only a one-liner and the wording is that nudist parks "should" be
exempt,
not "shall" be exempt.
Club Elite has no employees, performers etc who show any of the
items
the county defines, and as far as I can tell the county only refers to
employees, performers, visual media etc, not customers or club
members.
Elite's business could be said to depend on activities defined as
adult
entertainment, but the burden of proof is on the county; no one
loosely
defined as an employee will approach a patron offering anything. It
could
also be construed a free-speech issue in that the protected speech
is
between patrons.
Here's current code:
http://www.municode.com/resources/gateway.asp?Check=True&pid=10281&sid=9
Here's the definition from the Land Development Code:
G. "Sexually oriented business" means:
1. Any physical contact establishment;
2. Any premises where members of the public or any person for
consideration are offered any live or recorded performance, or any
visual
images tangibly fixed in any medium, which performance, image, or
recording has as its primary or dominant theme subject matter
depicting,
describing, or relating to specified sexual activities or specified
anatomical areas; or
3. Any premises where the presentation or distribution of any
performance, recording, or visual image requires the exclusion of
minors
from the premises pursuant to F.S. ch. 847.
Again, Elite offers none of those services.
I believe there will be a second proposed ordinance amendment
following
this definitions ordinance in which the county seeks to broaden what
makes
a sexually oriented business such and that's what we'll need to
watch
for. It'll be interesting to see how the county will redefine a
sexually-oriented business to include one in which the anatomical
parts
aren't visible, no one performs, employees don't touch etc.
.....................................................................
.....................................................................
rox262
Jan 28, 2008, 6:28:37 AM1/28/08
to Billyville
Please see "We are safe - for now "
It explains how this Pasco amenmendt has been resolved.
Rocco
> > > > > is violating its grandfathered status.- Hide quoted text -- Hide quoted text -
It explains how this Pasco amenmendt has been resolved.
Rocco
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