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.
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.
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;
(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.
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.
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
(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.