(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, except as permitted during the Grace Period as set forth in Section 17-153(c). 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 a Work Identification Card shall be created by and obtained from the Public Safety Department. The application shall be in writing, signed, fully completed and submitted to the Public Safety Department together with the nonrefundable application fee. Each applicant must submit proof of identity and proof that applicant is of the age permitted to work in an adult entertainment establishment pursuant to F.S. § 787.30, as amended. Each applicant shall affirm on the initial application and each renewal of a Work Identification Card that he or she has fully watched the human trafficking awareness video as prescribed by the Public Safety Department. Work Identification Cards are valid for a term of two (2) years. Work Identification Cards issued prior to March 13, 2016 shall be renewed within one hundred twenty (120) days from the effective date of this section. Performers with an expired Work identification Card shall be permitted to perform for up to five (5) consecutive business days (the "Grace Period") without a current Work Identification Card. The Grace Period is available only one (1) time in connection with an expired Work Identification Card. No performer having utilized the Grace Period shall be permitted to perform again until a current Work Identification Card is obtained.
(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 and with each renewal of a Work Identification Card. The fees shall not be prorated. The applicant shall also pay a duplicate fee for each duplicate copy of an existing Work Identification Card. The application, renewal 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. A work identification card issued to an applicant who is not of the age permitted to work in an adult entertainment establishment pursuant to F.S. § 787.30, as amended, as of July 1, 2024, shall not be considered valid under this section.
(g)
Retention of Performer Roster and 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 compile and retain a complete performer roster that includes all performers performing at the establishment for a period of thirty (30) days from each performer's most recent performance date. The performer roster shall be organized by date and performer, including the performer's first and last name and stage name. The adult entertainment establishment shall also maintain a Work Identification Card file, organized alphabetically by performer's last name, with legible photocopies of the Work Identification Card of each performer performing at said establishment for a period of two (2) years from each performer's most recent performance date. No performer shall perform until the performer roster is updated to include the performer information, and the legible photocopy of the Work Identification Card is placed on file as required herein. Performers performing within the Grace Period established in Section 17-153(c) shall provide a copy of the expired Work Identification Card prior to performance. The performer roster and the Work Identification Card file shall be made available to the Public Safety Department for inspection and/or copying upon request.
(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 a person not of the age permitted to work in adult entertainment establishments pursuant to F.S. § 787.30, as amended, 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 (1) 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, current, Work Identification Card issued in accordance herewith, unless such performer is performing within the Grace Period established in Section 17-153(c). There shall be separate violations issued to the establishment for each performer, and for each day that a performer does not have the required Work Identification Card. It shall be prima facie evidence of a violation of this Code if the establishment does not have a legible photocopy of a current Work Identification Card on file for each performer as of the date of each performance, except that during the Grace Period, the expired card shall be on file.
(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 of the age permitted to work in an adult entertainment establishment pursuant to F.S. § 787.30, as amended. 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 owners, manager or operator of an adult entertainment establishment who violates the provisions of subsections (g) or (k) of this Section may be prosecuted by the Department of Public Safety 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 adjudication of such violation, the prosecuting officials shall notify the occupational licensing department of such adjudication.
(o)
Violations Subject to All Legal Remedies. The violation of any provision of this Code may be prosecuted pursuant to the procedures and penalties of F.S. § 162.01 and Article 10 of the Palm Beach County Unified Land Development Code. In addition, to the sanctions contained herein, the County shall be authorized to take any appropriate legal action, including, but not limited to, seeking cease and desist orders, and requesting temporary or permanent injunctive relief. It is the purpose of this section to provide additional and cumulative remedies.
(Ord. No. 99-18, § 4, 7-27-99; Ord. No. 08-059, pts. 1, 2, 12-16-08; Ord. No. 2018-005, §§ 2—8, 3-13-18; Ord. No. 2024-013, § 1, 7-2-24)