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Fort Walton Beach Council minutes — 04-26-1982 Special — reading text
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Miller said the bottom line was that there would have to be
some alterations of the proposal before he could support it, for
the same reasons as he had earlier expressed, and for that purpose
he really would have concurred with Mr. Franklin motion to table
except that motion did not permit discussion, and he wanted
to explain that he confirmed that many aspects or a substantial
portion of the ordinance that deal with exposures of physical
‘Characteristics and certain performances he could subscribe
to as being acts or representations that they ought to establish
a criminal sanction for and he was going to work to alter this
in a form that was acceptable and he thought in a form that would
meet the criteria that Mr. Baughman just outlined as being a standard -
that would meet the standard of acceptability and hopefully pass
286
4-26-82
this Council.
The Mayor asked the Attorney if a motion were needed since it
was listed for the following night on the agenda for a Ist
reading. The Attorney said no. Mayor clarified that they either
approved it on first reading at that time or just wait for the
following night for first reading. The Attorney said the
Council had no obligation to take any action in any regard as
to the ordinance at that particular meeting. They had heard it
discussed at length both that night and at the previous meeting
and that night they might either act on any motion that was made
or they. might make no motion and refer it to the Council meeting
the following night.
Mr. Baughman asked for a point of order for the motion on the
floor. The Mayor said the motion was that they refer to the
first reading the following night, which she had just asked
the advice of Mr. Chesser on. Mr. Baughman said his motion
was to approve it in concept and refer it to Council for the
following night's meeting for first reading. Mr. Grant agreed
that he-had seconded the motion.
Mr. Bishop questioned Mr. Miller regarding his comments as to
alterations that he felt might make it more acceptable.
Mr. Miller said he had some amendments in mind but they would
not be ready for the following night. Mr. Miller said if that
motion stood, he was left. with voting no and then trying to
prepare a proposal to come back with. He said if the issue were
left open then he was not compelled to do that and he thought
they could work together to a point of what he hoped would be
a majority, a standard that would be acceptable to a majority
of the Council. He noted they appeared to have 2 to 4 split at
that point. Mr. Baughman felt they should be compelled to vote
on the motion on the floor. He said they had a lot of time to
study this.
Mr. Miller called for the question.
Mr. Bishop felt Mr. Miller was going to come back with a couple
of changes that he would be willing to support and if those
were made he would vote for this ordinance, and he felt they
should give Mr. Miller time to come back with the changes.
Mr. Grant asked’ what the changes were thought to be.
Mr. Bishop said he thought it was in item 8. Mr. Miller said
had formulated an attitude that he could apply in generality -
he was concerned about the state's preemption of the area
contained in Section 2(f) and that statute for the record
was 847.09. He said he also was concerned about at what level
they draw the line; whether or not they prohibit topless
dancing and next he was concerned about the description
the subjective description "the simulation thereof" as used
in the ordinance and he did not know how to address that one;
that being the one that kept him from being able to formulate
something at that time. He agreed that.perhaps when he had
reached retirement age he would have a better concept of
fantasizingsimulations thereof - at 36 he had not hit that
point yet. He said he had to give that some treatment saying
he personally could not visualize standards of application
for that term that he believed a law enforcement corps could
4-26-82
could go into the field and uniformly apply.
Mr. Franklin.said he would like to give every Councilman an
opportunity to discuss this - the motion which was on the table
at the present time. He said if they were finished discussing
that motion he moved to table the ordinance in order that they
do further work on it. Motion seconded by Mrs. Thornber.
Mr. Franklin said he had moved to table the motion.
Voting aye to table: Franklin, Miller, Bishop, Thornber
Voting Nay: Baughman, Grant
Motion carried to table.
It was noted that it was on the agenda for the following night.
Meeting adjourned at 6:58 p.m.
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SUBMITTED AS AN EXHIBIT TO THE SPECIAL
CITY COUNCIL MEETING OF 4-26-82 5:00 p.m.
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PETITION
THE UNDERSIGNED has personally attended the
performances at Sammy's Go-Go Club in Fort Walton Beach,
Florida and does not find them to be obscene or
objectionable. Moreover, the undersigned petitions
the City Council of the City of Fort Walton Beach
to reject the proposed ordinance restricting dancing
in alcoholic beverage licensed premises.
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objectionable. Moreover, the undersigned petitions
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to reject the proposed ordinance restricting dancing
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performances at Sammy's Go-Go Club in Fort Walton Beach,
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the City Council of the City of Fort Walton Beach
to reject the proposed ordinance restricting dancing
in alcoholic beverage licensed premises.
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THE UNDERSIGNED has personally attended the
performances at Sammy's Go-Go Club in Fort Walton Reach,
Florida and does not find them to be obscene or
objectionable. Moreover, the undersigned petitions
the City Council of the City of Fort Walton Beach
to reject the proposed ordinance restricting dancing
in alcoholic beverage licensed premises.
PETITION
_ THE UNDERSIGNED has personally attended the
performances at Sammy's Go-Go Club in Fort Walton Beach,
Florida and not find be obscene or
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the City Council of the City of Fort Walton Beach
to reject the proposed ordinance restricting dancing
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the City Council of the City of Fort Walton Beach
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in alcoholic bevefage licensed premises.
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THE UNDERSIGNED has personally attended the
performances at Sammy's Go-Go Club in Fort Walton Beach,
Florida and does not find them to be obscene or
objectionable. Moreover, the undersigned petitions
the City Council of the City of Fort Walton Beach
to reject the proposed ordinance restricting dancing
in alcoholic beverage licensed premises.
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THE UNDERSIGNED has personally attended the
performances at Sammy's Go-Go Club in Fort Walton Beach,
Florida and does not find them to be.obscene or
objectionable. Moreover, the undersigned petitions
the City Council of the City of Fort Walton Beach
to reject the proposed ordinance restricting dancing
in alcoholic beverage licensed premises.
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I am a registered voter in Fort Walton Beach,
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PETITION
I am a registered voter in Fort Walton Beach,
Okaloosa County, Florida. I am opposed to the
adoption of the proposed ordinance
