[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 7-8-1996 by Ord. No. 96-014. Amendments noted where
applicable.]
GENERAL REFERENCES
General penalty — See § 1-27.
Obscene material — See Ch. 467.
Prostitution — See Ch. 531.
Zoning — See 720.
STATUTORY REFERENCES
Prostitution — See MCLA § 750.448
et seq.
[Amended 4-5-2010 by Ord. No. 10-002]
As used in this chapter, the following terms shall have the
meanings indicated:
A business which is required to and/or does exclude minors
by virtue of age. It further includes but is not limited to the following:
ADULT BOOK OR SUPPLY STOREAn establishment having 20% or more of its stock-in-trade or its sales devoted to the distribution, display or storage of books, magazines and other periodicals and/or photographs, drawings, slides, films, videotapes, recording tapes and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where models who display specified anatomical areas are present to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.
ADULT MOTION-PICTURE ARCADE or MINI MOTION-PICTURE THEATERAny place where motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed depict, describe or relate to specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER or ADULT LIVE STAGE PERFORMING THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Such establishment is customarily not open to the public generally but only to one or more classes of public, excluding any minor by reason of age.
ADULT OUTDOOR MOTION-PICTURE THEATERA drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons of the theater.
ADULT CABARETAn establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waitpersons and/or employees.
Portions of the human body defined as follows:
The explicit display of one or more of the following:
The fondling or erotic touching of human genitals, pubic region,
buttocks, anus or female breasts;
Human sex acts, normal or perverted, actual or stimulated, including
but not limited to intercourse, oral copulation and sodomy;
Human masturbation, actual or stimulated;
Human excretory functions as part of, or as related to, any
one of the activities described above; and
Physical violence, bondage, mutilation, or rape, actual or simulated,
as part of, or as related to, any of the activities described above.
No person shall engage in or carry out the business
of adult entertainment without first obtaining a license to operate
such business from the Clerk/Treasurer's office.
No person shall knowingly allow or permit any building or land owned or possessed by him, her or it to be used for a purpose set forth in § 160-2, unless a copy of a license to operate such a business has been provided to such owner or possessor.
[Amended 8-7-2000 by Ord. No. 00-010]
A.
Application.
(1)
Applicant means:
(a)
An individual or individuals;
(b)
For a corporation, each officer and director
of the corporation, each stockholder owning more than 10% of the stock
of the corporation, and the resident agent;
(c)
For a limited liability company, each manager
and member of the company;
(d)
For a partnership, each partner, general and
limited.
(2)
Filing; fee. Every applicant for a license to maintain,
operate or conduct an adult entertainment business shall file an application
therefor under oath with the Clerk/Treasurer upon a form provided
by the Clerk/Treasurer and shall pay a nonrefundable annual license
fee in an amount determined by the City Council by resolution, as
amended from time to time.
(3)
Inspection of premises. Copies of the application
shall, within five business days, be referred by the Clerk/Treasurer
to the Chief Building Official and appropriate City departments, including,
but not limited to, fire, plumbing, electrical and sanitation. The
departments shall inspect the premises proposed to be operated as
an adult entertainment business within 30 days and shall make written
verification to the Clerk/Treasurer concerning compliance with the
codes of the City.
(4)
Contents. Each application shall contain the following
information:
(a)
A definition of service to be provided;
(b)
The location, mailing address and all telephone
numbers where the business is to be conducted;
(c)
The name and residence address of the applicant;
(d)
The two addresses immediately prior to the present
address of the applicant;
(e)
Proof that the applicant is at least 18 years
of age;
(f)
The applicant's height, weight, color of eyes
and hair, and sex; copy of picture identification, such as driver's
license, and social security card; one portrait photograph of the
applicant at least two inches by two inches and a complete set of
the applicant's fingerprints, which shall be taken by the Police Department;
(g)
Business, occupation or employment of the applicant
for the three years immediately preceding the date of application;
(h)
The adult entertainment or similar business
license history of the applicant; whether such person, in previously
operating in this or another City or state, has had a business license
revoked or suspended, the reason thereof, and business activity or
occupation subsequent to such action of suspension or revocation;
(i)
All criminal convictions, other than misdemeanor
traffic violations, including the dates of convictions, nature of
the crimes and place convicted;
(j)
The name and address of each individual who
is or will be employed in the establishment;
(k)
A description of any other business to be operated
on the same premises or on an adjoining premises owned or controlled
by the applicant;
(l)
Authorization for the City, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the license;
(m)
Such other identification and information necessary
to discover the truth of the matters specified in this section as
required to be set forth in the application;
(n)
The names, current addresses and written statements
of at least three bona fide permanent residents of the United States
that the applicant is of good moral character and touching upon applicant's
honesty, fairness and respect for the laws of the State of Michigan
and the United States. If the applicant is able, the statement must
first be furnished from residents of the City, then the county, then
the state and lastly from the rest of the United States. These references
must be persons other than relatives and business associates.
(5)
In the event that the application first presented
to the Clerk/Treasurer is not complete, he/she shall provide written
notice by first class mail within five business days of said determination
detailing the items required to complete the application. Upon completion
of the above-provided form and the furnishing of all information required
by this section, the Clerk/Treasurer shall accept the application
for the necessary investigations. The holder of an adult entertainment
business license shall notify the Clerk/Treasurer of each change in
any of the data required by this section to be furnished within 10
days after such change occurs.
B.
Liability insurance. The application shall be accompanied
by the following:
(1)
Evidence that the applicant has obtained public liability
insurance with limits of not less than $500,000/$1,000,000 and property
damage insurance with a limit of not less than $500,000 from a company
or companies approved by the Commissioner of Insurance of the State
of Michigan, which insurance shall insure the applicant, or his or
her employees and agents, against liability for death or injury to
persons or damage to property which may result from the conduct of
such licensed business, which policy or policies shall remain in full
force and effect for the specified amounts during the term of the
license. The evidence of insurance shall include an endorsement to
the effect that the insurance company shall notify the Clerk/Treasurer,
in writing, at least 10 days before the expiration or cancellation
of said policy or policies.
(2)
A corporate surety bond in the amount of $100,000
in a form to be approved by the City Attorney, conditioned upon the
applicant's faithful compliance with all of the terms and provisions
of this chapter, and all applicable provisions of other municipal
ordinances, state and federal laws, regulations and rules.
C.
Facilities required. No license to conduct an adult
entertainment business shall be issued unless an inspection by the
City and/or state, as required, reveals that the business complies
with all state and local laws, codes, ordinances, rules and regulations.
Nothing contained in this chapter shall be construed to eliminate
other requirements of statutes or ordinances concerning the maintenance
of the premises, nor to preclude authorized inspection thereof, whenever
such inspection is deemed necessary by the Police Department, the
Fire Department, the Department of Building, Zoning and Environmental
Compliance and the Board of Health.
[Amended 8-7-2000 by Ord. No. 00-010]
Within 90 days of receipt of a complete application, the Clerk/Treasurer shall issue a license for an adult entertainment business after determination by the City Council that requirements for license described in § 160-4 have been satisfied, unless it finds:
A.
The correct license fee has not been tendered to the
City and, in the case of a check or bank draft, honored with payment
upon presentation.
B.
The operation, as proposed by the applicant, if licensed,
would not comply with all applicable laws, codes, ordinances, rules
and regulations, including but not limited to the City's building,
zoning and health regulations.
C.
Criminal history.
(1)
The applicant, or the manager or other person principally
in charge of the business, has been convicted of any of the following
offenses or convicted of an offense outside the State of Michigan
that would have constituted any of the following offenses if committed
within the State of Michigan:
(2)
The City may issue a license to any person convicted
of any of the crimes described in this subsection if it finds that
such conviction occurred at least five years prior to the date of
the application, and the applicant has had no subsequent felony convictions
of any nature and no subsequent misdemeanor convictions of crime mentioned
in this section.
D.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the license application or in any
document required by the City in conjunction therewith.
E.
The applicant has had an adult entertainment business
or other similar permit or license denied, revoked or suspended by
the City or any other state or local agency within the five years
prior to the date of the application.
F.
The applicant, if an individual, or the manager or
other person principally in charge of the operation of the business
is not over the age of 18 years.
After issuance of the license, the licensee
shall meet the following requirements:
A.
The insurance and bond required by § 160-4B shall continue in full force and effect until expiration or termination of the license.
B.
The licensee shall permit City, County and state officials
to enter upon the licensed premises at all reasonable times to determine
compliance with the requirements of this chapter and other applicable
City ordinances, county ordinances and state statutes.
C.
The licensee shall not knowingly permit violations
of any City ordinance, county ordinance or state statute by any of
his or her patrons.
D.
The licensee shall provide off-street parking facilities
sufficient to accommodate all persons to be admitted to his or her
place of business based on the maximum capacity specified in the application.
E.
The licensee shall provide sufficient fences or barriers
or shall so patrol the boundaries of his or her business premises
as to efficiently prevent his or her patrons from directly trespassing
on neighboring premises.
F.
The licensee shall so conduct his or her business
that it shall not give rise to a nuisance by reason of noise, vibration,
smoke, odor or dust.
G.
The licensee shall limit his or her business activities
to the hours specified in his or her license.
H.
The licensee shall post a copy of this chapter and
a copy of his or her license in his or her place of business in a
location where they can be read easily by his or her patrons.
[Amended 4-5-2010 by Ord. No. 10-002]
Each license granted under the provisions of this chapter shall expire one year from the date of issuance. Any application to renew a license previously issued under this chapter shall be accompanied by the nonrefundable annual license fee described in § 160-4A(2) to defray the cost of administering this chapter during the renewal phase of licensing.
A license issued under this chapter shall not
be transferable to any other firm or person.
[Amended 8-7-2000 by Ord. No. 00-010]
A license required by this chapter may be suspended or the renewal thereof refused by the City for misrepresentation of any material fact in the application for such license. Any license may be suspended or revoked by the City for good cause. The term "good cause" shall mean any act or omission or the permitting of a condition to exist with respect to the licensee in question which is contrary to the safety or welfare of the public, unlawful or fraudulent in nature, a violation of any provision or provisions of this chapter under which the license was granted, is beyond the scope of the license issued, or a fact, circumstance or condition which, had it existed or been known to the City at the time the license was granted, would have been sufficient grounds for the refusal thereof. Revocation of a license may take place only after a hearing before the City Council upon not less than seven days' written notice to the licensee at the address stated in the application of the licensee stating the time and place of such hearing and the reasons for revocation. A hearing officer may be designated by Council by resolution and shall not be a City employee. The hearing officer may make findings and recommendations and submit the same to Council. In the event of suspension or revocation, the applicant shall be entitled to review of the decision pursuant to the provisions of § 160-11, below. The City shall stay any action on any suspension or revocation decision until a final judicial resolution of the matter.
Any violation of any provision of this chapter
is hereby declared to be a nuisance per se and enjoinable by appropriate
legal action.
[Amended 8-7-2000 by Ord. No. 00-010]
A.
In the event that an application is denied, the applicant
shall be entitled to prompt review by the Zoning Board of Appeals
as a means to exhaust local remedies and to be consistent with the
intent of Paragon Properties Co. v Novi, 206 MichApp 74; 520 NW2d
344 (1994). The applicant shall file an appeal with the Clerk/Treasurer
within five business days of the denial of the license application
by the City Council. The review shall, upon the applicant's request,
be conducted at a special Zoning Board of Appeals meeting convened
for such purposes within 15 days of receipt of such a request. The
Zoning Board of Appeals shall review the record of proceedings conducted
before the City Council and determine whether the Council's decision
was based upon competent material and substantial evidence and otherwise
review the determination to ensure that it complies with all requirements
of both the Michigan and United States Constitutions.
B.
If the Zoning Board of Appeals affirms denial of the
license application, then the applicant shall be entitled to prompt
judicial review by submitting a written request to the Clerk/Treasurer.
Such written request must be received by the Clerk/Treasurer within
30 business days of the date of the decision of the Zoning Board of
appeals. The City shall, within five business days of receipt of such
written request, do the following:
(1)
File a petition in the Circuit Court for the County
of Monroe seeking a judicial determination with respect to the validity
of such denial, and in conjunction therewith, apply to a preliminary
and permanent injunction restraining the applicant from operating
the adult entertainment business in violation of this chapter.
(2)
Request that the application for issuance of a preliminary
injunction be set for a show-cause hearing within five business days
or as soon as thereafter possible. In the event that the applicant
appears at or before the time of such show-cause hearing, waives the
notice otherwise provided by Michigan Court Rule and requests that
at the time set for such hearing the court proceed to hear the case
under applicable rules of civil procedure for the issuance of such
permanent injunction on its merits, the City shall be required to
waive its application for preliminary injunction and shall join such
request. In the event that the applicant does not waive notice and/or
does not request an early hearing on the City's application for permanent
injunction, it shall nevertheless be the duty of the City to seek
the earliest possible hearing date under Michigan law and the Michigan
Court Rules.
(3)
The filing of written notice of intent to contest
the City's denial of an adult entertainment license shall not in any
way affect the validity of such denial, but such denial shall be deemed
invalid and the license automatically approved if, within 15 days
of the filing of the petition, a show-cause hearing has not been scheduled.
