98-915 Public Nudity Referendum - Laserfiche WebLink

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ORDINANCE NO. 98-915 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE CONCURRENT WITH THE NOVEMBER 3, 1998 GENERAL ELECTION INCLUDING A NON- BINDING REFERENDUM ON: SHALL THE CITY OF CASSELBERRY ENACT LEGISLATION THAT PROIDBITS A PERSON FROM PUBLICLY APPEARING NUDE IN ANY ESTABLISHMENT THAT IS LICENSED BY THE STATE OF FLORIDA TO PERMIT THE SALE, SERVICE OR CONSUMPTION OF ALCOHOLIC BEVERAGES?; PROVIDING FOR THE CONDUCT OF THE ELECTION; PROVIDING FOR CITY CLERK RESPONSIBILITIES AND COORDINATION WITH THE SEMINOLE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR NOTICE AND THE MAYOR'S PROCLAMATION OF THE NOVEMBER 3,1998 ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Casselberry may wish to formally consider enacting legislation that would prohibit a person from publicly appearing nude in any establishment that is licensed by the State of Florida to permit the sale, service, or consumption of alcoholic beverages; and WHEREAS, the City Commission finds that there is recent legal precedent that reaffirms the City's ability to prohibit nudity in establishments licensed to sell liquor. See e.g.. Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11'h Cir. 1998); and WHEREAS, the City Commission finds that most of the communities near the City of Casselberry currently have legislation that prohibits the sale or consumption of alcohol in establishments that allow nudity including, but not limited to, Orange County and the cities of Altamonte Springs, Lake Mary, Longwood, Maitland, Oviedo, Sanford, and Winter Park; and WHEREAS, prior to formally considering the adoption of legislation similar to those communities, the City Commission desires to solicit public input from the citizens of Casselberry on this issue; and