[Ord. No. 644,
passed 11-12-2001]
As used in this chapter, "adult entertainment business" means
a business that is an "adult regulated use" as defined in Section
1260.06.
[Ord. No. 644,
passed 11-12-2001; Ord. No. 700, passed 1-23-2006]
No person shall engage in or carry out an adult entertainment
business without first obtaining a license to operate such business
from the City Clerk's office.
[Ord. No. 644,
passed 11-12-2001]
No person shall knowingly allow or permit any building or land
owned or possessed by the person to be used for an adult entertainment
business, unless a copy of a license to operate such a business has
been provided to such owner or possessor.
[Ord. No. 644,
passed 11-12-2001; Ord. No. 700, passed 1-23-2006]
(a)
APPLICANT — Means:
(1)
An individual or individuals.
(2)
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.
(3)
For a limited liability company, each manager and member of
the company.
(4)
For a partnership, each partner, general and limited.
(b)
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 City Clerk upon a form provided by the
City Clerk and shall pay a nonrefundable annual license fee in an
amount determined by the City Council by resolution, as amended from
tune to time.
(c)
Inspection of premises. Copies of the application shall, within five
business days, be referred by the City Clerk to the Building Commissioner
of the City and appropriate City departments, including, but not limited
to, Neighborhood Services, Fire and Police. 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
City Clerk concerning compliance with the codes of the City.
(d)
Contents. Each application shall contain the following information:
(1)
A definition of service to be provided.
(2)
The location, mailing address and all telephone numbers where
the business is to be conducted.
(3)
The name and residence address of the applicant.
(4)
The two addresses immediately prior to the present address of
the applicant.
(5)
Proof that the applicant is at least 18 years of age.
(6)
The applicant's height, weight, color of eyes and hair,
and sex; copy of picture identification, such as a 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.
(7)
Business, occupation or employment of the applicant for the
three years immediately preceding the date of application.
(8)
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 therefor, and business activity or occupation
subsequent to such action of suspension or revocation.
(9)
All criminal convictions, other than misdemeanor traffic violations,
including the dates of convictions, nature of the crimes and place
convicted.
(10)
The name and address of each individual who is or will be employed
in the establishment.
(11)
A description of any other business to be operated on the same
premises or on an adjoining premises owned or controlled by the applicant.
(12)
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.
(13)
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.
(14)
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.
(e)
In the event that the application first presented to the City Clerk
is not complete, the City Clerk shall provide written notice by first
class mail within five business days of such 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 City Clerk shall accept the application for the
necessary investigations. The holder of an adult entertainment business
license shall notify the City Clerk of each change in any data required
by this section within 10 days after such change occurs.
(f)
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 a business
licensed under this chapter, 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 City Clerk,
in writing, at least 10 days before the expiration or cancellation
of such 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.
(g)
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 Neighborhood Services or any other City or State
department or agency.
[Ord. No. 644,
passed 11-12-2001; Ord. No. 700, passed 1-23-2006]
Within 90 days after receipt of a complete application, the
City Clerk shall issue a license for an adult entertainment business
after determination by the City Council that requirements for such
license described above have been satisfied, unless it finds:
(a)
No special use permit has been issued under Chapter 1260.20.
(b)
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.
(c)
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.
(d)
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 that would have
constituted any of the following offenses if committed within the
State:
(2)
The City may issue a license to a person convicted of any of
the crimes described in this division 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 crimes mentioned
in this section.
(e)
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.
(f)
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.
(g)
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.
[Ord. No. 644,
passed 11-12-2001; Ord. No. 700, passed 1-23-2006]
After issuance of the license, the licensee shall meet the following
requirements:
(a)
The insurance and bond required by the application process as described
above 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, and further shall not be open for
business during the hours of midnight through 9:00 a.m. under any
circumstances.
(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.
(i)
The licensee shall give written notice to the City Clerk's Office
of the names and addresses of any and all persons who are or will
be employees, independent contractors, or other workers at the licensed
establishment prior to the person's beginning work. For the purposes
of this chapter, the term "worker" shall include without limitation
a person who performs any work or act for the benefit of licensee
or its customers at the licensed establishment whether or not the
person is financially compensated by licensee.
(j)
All employees, independent contractors, or other workers at a licensee's
establishment, including but not limited to anyone dancing, performing
or otherwise entertaining customers of a licensee, shall at all times
wear, at a minimum, a G-string or other form of panty or underwear
that completely and opaquely covers the genitals and pubic area.
(k)
The physical premises at the licensee's establishment shall
at all times meet the following requirements:
(1)
All booths must be completely in the line of sight and otherwise
visible to the manager.
(2)
Booths shall not have doors or curtains, or any other devices
or materials capable of hiding the interior booth area from view.
(3)
Each booth shall have its own operational lighting in some form
which shall remain on at all times, and which shall generate enough
light that all occupants of the booth are visible to the manager at
all times.
(4)
The entire length of the walls of a booth shall not have any
holes or openings.
(5)
No booth, table, or other seating shall be located within 10
feet of any stage or other platform, whether temporary or permanent,
where any dancing, performing, or other entertaining is taking place.
(l)
Employees, independent contractors, or other workers working at a
licensee's establishment shall not have any physical contact
with the licensee's customers, regardless of who initiates such
contact. This prohibition is intended to prohibit without limitation
"lap dances," "couch dances," and any other form of fondling, rubbing,
caressing, or touching between the licensee's customers and workers.
The licensee shall be responsible for enforcement of this provision,
shall be considered responsible for any violation of this provision,
and shall have and enforce policies and procedures to prevent violations
of this provision from occurring. This provision shall not apply to
a duly authorized bouncer or similar rules enforcement personnel having
necessary physical contact with a customer of a licensee for the purpose
of physically removing the customer from the premises or detaining
the customer for law enforcement officials.
[Ord. No. 644,
passed 11-12-2001]
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 a renewal fee of $150 to defray the cost of administering this
chapter during the renewal phase of licensing.
[Ord. No. 644,
passed 11-12-2001]
A license issued under this chapter is not transferable to any
other firm or person.
[Ord. No. 644,
passed 11-12-2001]
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" means any act or omission or the permitting of a condition to exist with respect to the licensee in question that 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 that, 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 as provided in Section 804.12. The City shall stay any action on any suspension or revocation decision until a final judicial resolution of the matter.
[Ord. No. 644,
passed 11-12-2001]
No application for a license which has been denied wholly or
in part shall be resubmitted for a period of one year from the date
of the denial, except on grounds of new evidence not previously available
or proof of changed conditions.
[Ord. No. 644,
passed 11-12-2001]
Any violation of any provision of this chapter is hereby declared
to be a nuisance per se and enjoinable by appropriate legal action.
[Ord. No. 644,
passed 11-12-2001; Ord. No. 700, passed 1-23-2006]
(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 Mich. App. 74; 520 N.W.2d 344
(1994). The applicant shall file an appeal with the City Clerk 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 the denial of the license
application, then the applicant shall be entitled to prompt judicial
review by submitting a written request to the City Clerk. Such written
request must be received by the City Clerk 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 to the Circuit Court for the County of Branch
seeking a judicial determination with respect to the validity of such
denial, and in conjunction therewith, apply for 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 a 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.
[Ord. No. 644,
passed 11-12-2001]
Any person who violates a provision of this chapter is guilty
of a misdemeanor punishable by a fine of not more than $500 and/or
confinement of not more than 90 days in the County jail.
