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Ordinance 96-03

35. SECTION ONE: CHAPTER THIRTY FIVE

35. SECTION TWO: Title and Citation

This ordinance shall be known and cited as the
"TOWN OF FORT MYERS BEACH ALCOHOLIC BEVERAGE ESTABLISHMENT EXPOSURE PROHIBITION ORDINANCE."

35. SECTION THREE: Owner’s Responsibility, Prohibition of Exposure of Body Parts

A. It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the Town of Fort Myers Beach, at which alcoholic beverages are offered for sale for consumption on the premises:

(1) to suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof.

(2) to suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast at or below the areola thereof.

(3) to suffer or permit any person, while on the premises of said commercial establishment to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage.

(4) to suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft or cleavage.

35. SECTION FOUR: Female Person’s Responsibility, Prohibition of Exposure of Body Parts

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the Town of Fort Myers Beach, at which alcoholic beverages are offered for sale for consumption on the premises to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

35. SECTION FIVE: Every Person’s Responsibility, Prohibition of Exposure of Body Parts

It shall be unlawful for any person, while on the premises of a commercial establishment located within the Town of Fort Myers Beach at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.

35. SECTION SIX: Exclusion from Prohibition

It shall not be a violation of this ordinance for a mother to breast feed her infant child.

35. SECTION SEVEN: Penalties

Any person who shall violate any section of this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisonment in the county jail not to exceed sixty (60) days, or both.


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