Township of East China, MI
St. Clair County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 11-18-1980 by Ord. No. 117 as Ch. 3-04 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Obscenity — See Ch. 327.
Zoning — See Ch. 480.

§ 105-1 Purpose.

Massage parlors, adult bookstores, adult motion-picture theaters, premises for nude entertainment, sauna or open bathhouses, or nude modeling studios in the Charter Township of East China shall be regulated for the preservation of the public peace, health, safety, and welfare of the people of the Charter Township of East China.

§ 105-2 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter:
ADULT BOOKSTORE
An establishment having, as a portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specific sexual activities” or “specific anatomical areas” (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATER
An establishment used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specific sexual activities” or “specific anatomical areas” (as defined below), for observation by patrons therein.
CLERK, SUPERVISOR or ORDINANCE ENFORCEMENT OFFICER
Includes the duly authorized officials of said Township.[1]
MASSAGE PARLOR
An establishment used for housing equipment and employing persons who give massages, body rubs, or muscle-relaxing exercises to other persons, necessitating human contact between such employee and any other person.
NUDE MODELING STUDIO
An establishment used for housing and exhibiting persons in the nude acting as models for other persons to paint, photograph or draw.
PERSON
Every natural person, firm, copartnership, association or corporation and their legal successors.
PREMISES FOR NUDE ENTERTAINMENT
An establishment used for housing and exhibiting persons in the nude or “specific anatomical areas” (as defined below) of the human body.
SAUNA or OPEN BATHHOUSE
An establishment used for equipment and housing of apparatus wherein members of the public may have a steam bath or hot water baths.
SPECIFIED ANATOMICAL AREAS
For the purpose of this section:
A. 
Less than completely and opaquely covered:
(1) 
Human genitals and pubic region;
(2) 
Buttocks; and
(3) 
Female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIC SEXUAL ACTIVITIES
For the purpose of this section:
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse, or sodomy;
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 105-3 License requirements and restrictions.

A. 
Requirement established. No person shall open or cause to be opened, or conduct, maintain or operate any massage parlor, adult bookstore, adult motion-picture theater, premises for nude entertainment, sauna or open bathhouse, or nude modeling studio within the Township, without first having obtained a license from the Township to do so.
B. 
Application. Each person desiring to open, conduct or maintain a massage parlor, adult bookstore, adult motion-picture theater, premises for nude entertainment, sauna or open bathhouse, or nude modeling studio shall first make application to the Township Clerk for a license therefor.
(1) 
Content. Said application shall contain:
(a) 
The name, address, including street and number, of the applicant; or if more than one person, or if an association or a firm, the full names and addresses, including street and number, of the persons financially interested;
(b) 
If a corporation, a list of the officers and the manager and whether or not the manager is a citizen of the United States;
(c) 
The applicant's business for the past three years, and the place or places in which he has conducted a business during the past three years;
(d) 
Satisfactory proof of the required age;
(e) 
The proposed location;
(f) 
Such other information as the Township Clerk shall deem reasonably necessary and proper for the full protection of the Charter Township of East China, as well as the applicant/licensee, in order to effectuate the purposes of this chapter and state statutes have been complied with.
(2) 
Filing deadline. Said application shall be filed at least 30 days prior to the time desired for granting of said license.
(3) 
Information changes. If, while the application is pending, or during the term of any permit granted thereunder, there is any change in fact, policy or method which would alter the information provided in such application, applicant/licensee shall notify the Township Clerk in writing thereof within 72 hours after such change.
C. 
Restrictions.
(1) 
Citizenship. No license shall be granted to any person who is not a citizen of the United States.
(2) 
Age. Any person performing any service relative to the operation of the business establishments herein regulated shall be at least 21 years of age and of good moral character.
D. 
Recommendations concerning issuance.
(1) 
Supervisor and Ordinance Enforcement Officer. Previous to issuance or renewal of any license under this chapter, a recommendation concerning the issuance of said license shall be obtained from the Supervisor and a Township Ordinance Enforcement Officer. The Supervisor shall:[1]
(a) 
Check for criminal record. Determine whether or not there is any criminal record involving the applicant/licensee; and
(b) 
Examine the site. Examine the site to determine the traffic patterns for safety purposes, for proper ingress to and egress from said site.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Fire Chief. The Fire Chief of the Township shall inspect the site and the facilities to be used thereon, to be certain that said facilities meet all requirements of the Township Fire Code.[2]
[2]
Editor's Note: See Ch. 244, Fire Prevention.
E. 
Grant of license. The Township Board shall determine whether or not said license shall be issued, revoked or suspended after reviewing the recommendations of the Supervisor, Ordinance Enforcement Officer, and Fire Chief.[3]
(1) 
Duration and expiration. All licenses granted under the provisions of this chapter shall expire on December 31 of each and every year.
(2) 
Display. Said licenses shall be displayed in a conspicuous place in the place of business licensed thereunder.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Fee. Each person to whom a license is granted shall pay a yearly fee (or any part thereof) and renewal fee in the amount set by resolution of the Board of Trustees.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Nontransferable. Said licenses shall not be transferable without the approval of the Township.
H. 
Hearing to deny, revoke, or suspend. In the event the Township Board chooses to deny the issuance of said license or revoke or suspend an existing license:
(1) 
Date. The Township Board shall set a date for hearing within 30 days.
(2) 
Written notice. The Township Board shall give at least 10 days’ notice by mailing a hearing notice to the applicant, or licensee, by regular mail, addressed to the applicant/licensee at the address shown on the application, and said notice shall specify:
(a) 
The charges for which the application is denied or license suspended or revoked; and
(b) 
The date and place of hearing before the Township Board.
(3) 
Representation by counsel. At such hearing, applicant/licensee and his attorney may be present and may submit evidence in applicant’s/licensee's defense.

§ 105-4 Inspections. [1]

The Supervisor and the Ordinance Enforcement Officer of the Township shall have access at all times to all massage parlors, adult bookstores, adult motion-picture theaters, premises for nude entertainment, sauna or open bathhouses, or nude modeling studios within the Township limits. It shall be their duty to investigate and inspect all such places of business, within the Township.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 105-5 Prohibitions and restrictions on establishments.

Establishments licensed under this chapter are subject to the following requirements to insure that any serious objectable operational characteristics will not contribute to the blighting or downgrading of the surrounding neighborhood:
A. 
Location. A licensed establishment under this chapter shall not be located within 1,500 feet of:
(1) 
Any other establishment licensed under the provisions of this chapter; or
(2) 
Any church or school; or
(3) 
Any district zoned agricultural, single-family, or residential.
B. 
Operation. No person receiving a license under this chapter shall:
(1) 
Permit any disorderly conduct or the use of any immoral, profane or indecent language, or indecent language; or
(2) 
Permit the sale, giving away, or use of intoxicating liquors or narcotics; or
(3) 
Sell, lend, give away, distribute, show or transmute or advertise in any manner or otherwise knowingly offer, for either loan, gift, sale or distribution, any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion-picture figure, image, wire or tape recording or any written, printed or recorded matter of obscene character which may or may not require mechanical or other means to be transmuted into auditory, visual optic sensory representations of such character, in any such licensed establishment or other location within the Township.
C. 
Hours. No person shall open or cause to be opened, or operate or cause to be operated, within the Township limits, any massage parlor, adult bookstore, adult motion-picture theater, premises for nude entertainment, sauna or open bathhouse, or nude modeling studio between the hours of 11:00 p.m. and 6:00 a.m.