§ 10.5-99. Levy of annual licensing regulatory fees; declaration of regulatory nature.

(a)

Levy . In order to cover the administrative and enforcement costs associated with this division, there are hereby levied annual licensing regulatory fees under this division for an adult entertainment establishment in amounts set by resolution of the board.

(1)

An establishment proposing to operate or operating only as an adult theater shall pay licensing regulatory fees as follows:

a.

Having only adult booths, a fee for each booth; or

b.

Having only a hall or auditorium, a fee for each seat; or

c.

Having only an area outdoors designed to permit viewing by customers seated in vehicles, a fee for each parking space; or

d.

Having a combination of a., b., and/or c., above, the cumulative license fee applicable to each under a., b. and/or c., above.

(2)

An establishment proposing to operate or operating only as an adult cabaret shall pay a licensing regulatory fee.

(3)

An establishment proposing to operate or operating only as an adult photographic studio shall pay a licensing regulatory fee.

(4)

An establishment proposing to operate or operating only as a physical culture establishment shall pay a licensing regulatory fee.

(5)

An establishment proposing to operate an adult photographic or modeling studio shall pay a licensing regulatory fee.

(6)

An establishment proposing to operate or operating only as an adult use which cannot be categorized according to the above-referenced categories shall be assessed at the rate applicable to the adult use most closely resembling the proposed or existing use.

(7)

An establishment proposing to operate or operating as two (2) of the above-referenced classifications shall pay a licensing regulatory fee.

(8)

An establishment proposing to operate or operating as three (3) of the above-referenced classifications shall pay a licensing regulatory fee.

(9)

An establishment proposing to operate or operating as four (4) of the above-referenced classifications shall pay a licensing regulatory fee.

(b)

Regulatory nature . The annual license fees collected under this division are declared to be regulatory fees which are collected for the purpose of examination and inspection of adult uses under this division and the administration thereof. These regulatory fees are in addition to and not in lieu of the occupational license taxes, building permit, land use, food establishment fees, or other fees imposed by other ordinances of Polk County and the State of Florida. All fees shall be set by resolution of the board.

(Ord. No. 92-25, § 10, 9-1-92; Ord. No. 01-05, § I, 2-13-01)