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HomeMy Public PortalAbout18-9459 Provide a report on how and Adult Entertainment Business, Kulb 24 was able to operate Sponsored by: Commissioner Pigatt RESOLUTION NO. 18-9459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PROVIDE A REPORT ON HOW AN ADULT ENTERTAINMENT BUSINESS, KLUB 24, WAS ABLE TO OPEN AND OPERATE IN THE CITY WHEN THE CITY CODE PROHIBITS IT WITHOUT PLANNING COUNCIL AND CITY COMMISSION APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the only section of of the City of Opa-Locka Code of Ordinances addressing adult entertainment is as follows: Sec. 4-17. - Total or partial nudity and sexual conduct prohibited. (a) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit total or partial nudity or sexual conduct to occur on the premises of that alcoholic beverage establishment. (b) It shall be unlawful for any person, while on the premises of an alcoholic beverage establishment, to expose to public view those portions of his or her anatomy, defined herein as total or partial nudity, or engage in any sexual conduct. (c) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit the exposition of any graphic representation to public view, including photographs, videotapes or film projection, which depicts total or partial nudity or sexual conduct; and WHEREAS, an adult entertainment establishment, Klub 24, opened in the City without obtaining Planning Council and City Commission approval; and WHEREAS, the City Commission finds that it is in the best interest of the City for the City Manager to provide a report on how an adult entertainment business establishment, Klub 24, was able to open and operate in the City when the City code prohibits it without Planning Council and City Commission approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Resolution No. 18-9459 Section 2. AUTHORIZATION The City Commission hereby directs the City Manager to provide a report on how an adult entertainment business establishment, Klub 24, was able to open and operate in the City when the City code prohibits it without Planning Council and City Commission approval, and provided the report to the City Commission by February 28, 2018. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 15th day of February, 2018. lI yra L. Tayl or Mayor Attest to: Approved as to form and legal sufficiency: (/\ cta n J o.Mi a Flores BRO AW GROUP, LLC J' j Cit Clerk City Attorney Moved by: COMMISSIONER PIGATT Seconded by: VICE MAYOR KELLEY Commissioner Vote: 3-1 Commissioner Holmes: YES Commissioner Riley: NO Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: NOT PRESENT