In consideration of public safety, the Palm Beach County Board of County Commissioners enacted Chapter 17, Article V: the Adult Entertainment Code.

This code states the following, in part:

Sec. 17-153. - Work identification card.

(a)    Work identification card required. Any person desiring to perform in an adult entertainment establishment must obtain a work identification card from the public safety department, and no person shall act as a performer, as defined in this Code, in an adult entertainment establishment without having previously obtained said work identification card. A featured performer, as defined in section 17-147, is exempt from the provisions of this section.

(b)   Penalty. Any performer, as defined in this Code, who violates this section shall be guilty of a misdemeanor of the second degree.

(c)    Application for work identification card. An application for work identification card shall be obtained from and submitted to the public safety department. The applicant shall provide proof that the applicant is at least eighteen (18) years of age to the public safety department. The public safety department shall be responsible for the creation of an application form in which the applicant is to provide verification of their identity and age. An application for work identification card shall be fully completed according to the instructions on the application form.

(d)   False statement or false information in applying for a work identification card. It shall be unlawful for any person applying for a work identification card to make a false statement or otherwise provide false information which is intended to facilitate the issuance of same.

(e)    Fees. The applicant shall pay an application fee with each new request for a work identification card. The applicant shall also pay a duplicate fee for each duplicate copy of an existing work identification card. Both application and duplicate fees shall be established by the board by resolution.

(f)    Issuance of work identification card. The public safety department is responsible for verifying all information contained on an application for a work identification card. Upon determining that the work identification card should be issued, the public safety department shall immediately render a work identification card to the applicant. Said work identification card shall include the applicant's name, photograph, and card number. Should the public safety department determine that the proof submitted with the application for the work identification card as required hereinabove is not satisfactory, the public safety department shall deny issuance of said work identification card and shall provide written notification to the applicant stating the reason(s) for any such denial.

(g)   Retention of work identification card. All persons required pursuant to this Code to obtain a work identification card shall keep same on their person or with their personal belongings at all times while performing at an adult entertainment establishment. The adult entertainment establishment shall retain a photocopy of all work identification cards issued to performers performing at said establishment. Work identification cards and photocopies of work identification cards shall be made available to the public safety department for inspection upon reasonable notice and at reasonable times.

(h)    Appeal. In the event that an applicant for a work identification card is denied, said applicant may request emergency injunctive relief from the Circuit Court of the Fifteenth Judicial Circuit of the State of Florida. Due to the overriding public interest in not having minors perform in adult entertainment establishments, no provisional work identification cards shall be issued by the public safety department.

(i)     Transfer of work identification card prohibited. A work identification card shall not be transferred from one person to another; however, the person to whom the work identification card was issued may utilize same in any and all licensed adult entertainment establishments.

(j)     Alteration of work identification card prohibited. It shall be unlawful for any person to alter or otherwise change the contents of a work identification card without the written permission of the public safety department.

(k)    Requirement of managers, owners, and operators to verify work identification cards of performers. No person managing, owning or operating an adult entertainment establishment shall permit, employ, or otherwise allow any person to perform at said establishment unless such person has a valid work identification card issued in accordance herewith.

(l)     Requirement of managers, owners, and operators for featured performers. Persons managing, owning, or operating an adult entertainment establishment may allow featured performers, as defined hereinabove, to perform in said establishment without a work identification card. However, any person managing, owning or operating an adult entertainment establishment shall verify that any featured performer performing in said adult entertainment establishment is eighteen (18) years of age or older. Upon discovery that a minor is performing as a featured performer in an adult entertainment establishment, the person managing, owning or operating said adult entertainment establishment shall be subject to criminal prosecution and may be prosecuted by the County Attorney or the State Attorney and punished as provided by F.S. § 125.69. Upon conviction of such violation, the prosecuting officials shall notify the Occupational Licensing Department of said conviction.

(m)   Violations subject to criminal prosecution. Any performer who violates subsection (a) of this section may be prosecuted by the State Attorney and punished as provided by F.S. § 125.69. Upon conviction of such violation, the prosecuting officials shall notify the Public Safety Department and the Occupational Licensing Department, if applicable of said conviction.

(n)    Violation subject to civil prosecution. Any owner, manager or operator of an adult entertainment establishment who violates the provisions of subsections (g) and (k) of this section may be prosecuted by the County Attorney or the Code Enforcement Division of the County's Planning, Zoning and Building Department as provided in Palm Beach County Ordinance No. 90-45, as amended. Upon conviction of such violation, the prosecuting officials shall notify the occupational licensing department of said conviction.  

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