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5 <br /> 1 Commissioner Jacobs gave the example of a country club that served alcohol. He <br /> 2 asked if a man swimming topless at the country club pool would be in violation of the ordinance, <br /> 3 as alcohol is being served and he is shirtless. <br /> 4 Michael Harvey said the man would not be at a sexually oriented business or engaging <br /> 5 in a sexual activity. <br /> 6 Commissioner Jacobs asked if the country club would be a sexually oriented business if <br /> 7 the wait staff were to be topless. <br /> 8 Michael Harvey said yes. He said if one is engaging in a business practice or activity <br /> 9 where one is enjoying a meal while also ogling naked members of the opposite sex then the <br /> 10 nature of the business meets the standard of a sexually oriented business. He said getting out <br /> 11 of the pool without a shirt has nothing to do with offering a service for compensation or for any <br /> 12 form of pay. <br /> 13 Commissioner Jacobs asked what would happen if the wait staff were dressed in bathing <br /> 14 suits. <br /> 15 Michael Harvey said the line gets crossed when a business model starts providing <br /> 16 specific activities that meet the definition of a sexually oriented business. He gave the example <br /> 17 that the restaurant Hooters does not meet the definition of a sexually oriented business. <br /> 18 Commissioner Jacobs said we get closer and closer to a preposterous line. <br /> 19 Commissioner Jacobs asked if there are any qualifying properties in the speedway <br /> 20 economic development area. <br /> 21 Michael Harvey said this property is not zoned industrial. <br /> 22 Commissioner Jacobs asked if this area could be rezoned. <br /> 23 Michael Harvey said no, not in his opinion. <br /> 24 Commissioner Rich asked if there are currently any sexually oriented businesses in <br /> 25 Orange County. <br /> 26 Michael Harvey said none of which he is aware. <br /> 27 Commissioner Rich asked if there are any businesses that would like to apply to come to <br /> 28 Orange County. <br /> 29 He said there have been several inquiries during his tenure but no one has followed <br /> 30 through. He said these businesses cannot be banned but they can be regulated. <br /> 31 Commissioner Dorosin referenced an all-girl staff establishment near 1-85. <br /> 32 Michael Harvey said this business closed down, and that property is zoned economic <br /> 33 development Hillsborough, medium intensity and would not be allowed to reopen as a sexually <br /> 34 oriented business. <br /> 35 Commissioner Dorosin asked how the business opened in the first place. <br /> 36 Michael Harvey said it probably pre-dated zoning. <br /> 37 Commissioner Dorosin said there are a lot of negatives about these businesses, <br /> 38 especially how women are exploited, and he is glad that the County is regulating them. He <br /> 39 added that he does not support the banning of alcohol in these businesses. <br /> 40 Chair McKee said a reason for banning alcohol would be to add one more step in the <br /> 41 process of establishing a sexually oriented business, thus making it harder to do so. He said he <br /> 42 is in favor of banning the sale of alcohol at sexually oriented businesses. <br /> 43 <br /> 44 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to <br /> 45 refer the matter to the Planning Board with a request that a recommendation be returned to the <br /> 46 BOCC in time for its February 2, 2016 regular meeting and to adjourn the public hearing until <br /> 47 February 2, 2016 in order to receive and accept the Planning Board's recommendation and any <br /> 48 submitted written comments. <br /> 49 <br /> 50 VOTE: Ayes, 5; Nayes, 1 (Commissioner Dorosin) <br /> 51 MOTION PASSES <br />