[HISTORY: Adopted by the Township Board of the Charter Township of Huron 5-27-1992 by Ord. No. 92-2 (Part 91 of the 1995 Compilation of Ordinances). Amendments noted where applicable.]
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are known to have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area; i.e., not more than two such uses within 1,000 feet of each other which would create such adverse effects. Uses subject to these controls are as follows:
A. 
Adult book/video store.
B. 
Adult mini motion-picture theater.
C. 
Adult motion-picture theater.
D. 
Burlesque show.
E. 
Display for sale.
F. 
Host or hostess establishment.
G. 
Massage parlor.
H. 
Nude modeling studio.
I. 
Sauna, hot tub or other similar health or body improvement enterprise.
J. 
Topless and/or bottomless go-go cabaret.
For the purpose of this chapter, the following words when used shall have the following meanings:
ADULT BOOK STORE
An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines, videos and other periodicals which are distinguished or characterized by their emphasis on sexually explicit matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below); or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building, used for presenting, through coin-operated motion picture devices, material distinguished or characterized by an emphasis on sexually explicit matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting material distinguished or characterized by an emphasis on sexually explicit matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), for observation by patrons therein.
BURLESQUE SHOW
An establishment which features either male or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, impersonators or similar entertainers, where beer or intoxicating liquors are not sold on the premises.
DISSEMINATE
To manufacture, issue, publish, sell, lend, give, show, exhibit, or present material or to offer to agree to do same.
EROTIC FONDLING
Touching a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation.
EXHIBIT
To present a performance; sell, give, or offer to agree to sell or give a ticket to a performance; or admit a person to premises where a performance is being presented or is about to be presented.
HOST OR HOSTESS ESTABLISHMENT
An establishment or club offering socialization with a host or hostess for a consideration to the host or hostess or for an admission or membership fee.
MASSAGE PARLOR
An establishment used for housing equipment and employing persons who give massages, body rubs or muscle relaxing exercises to other persons by means of pressure, imposed friction, stroking, kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating the human body with hands, other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any other means of preparations to provide relaxation or enjoyment to the recipient.
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.
NUDITY
The lewd display of the human male or female genitals or pubic area.
OBSCENE
Any sexually explicit matter. It is primarily devoted to detailed descriptions or detailed narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse. It contains any photograph, drawing, or similar visual representation of any person of the age of puberty or over revealing the person with less than a fully opaque covering over his or her genitals and pubic area, or depicting such person in a state of sexual excitement or engaged in acts of sexual conduct or sadomasochistic abuse.
SADOMASOCHISTIC ABUSE
Either of the following:
A. 
Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
B. 
The condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification, of a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
SAUNA, HOT TUB OR OTHER SIMILAR HEALTH OR BODY IMPROVEMENT ENTERPRISE
An establishment where saunas, hot tubs, whirlpools, sun lamps and similar body relaxing, soothing or improving facilities are available for male and female customers with or without supervision or participation by employees or independent contractors of the business.
SEXUAL CONDUCT
An act of masturbation, homosexuality, sexual intercourse, or erotic fondling with a person's clothed or unclothed genitals, pubic area, buttocks or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SEXUAL INTERCOURSE
Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal.
SEXUALLY EXPLICIT MATTER
Sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance.
SEXUALLY EXPLICIT PERFORMANCE
A play, motion picture, dance, exhibition, show, representation, or other presentation performed before an audience for monetary consideration, which, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse or sadomasochistic abuse.
SEXUALLY EXPLICIT VERBAL MATERIAL
A book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording which contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.
SEXUALLY EXPLICIT VISUAL MATERIAL
A picture, photograph, drawing, sculpture, motion picture film, video, or similar visual representation which depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet which contains such a visual representation. An undeveloped photograph, mold, or similar visual material may be sexually explicit material, notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered:
(1) 
Buttocks;
(2) 
Female breasts below a point immediately above the top of the areola; and
(3) 
Human genitals, pubic regions.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
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 breasts.
TOPLESS AND/OR BOTTOMLESS GO-GO CABARET
An establishment used for the sale of beer or intoxicating liquor for consumption on the premises which features either male or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, impersonators or similar entertainers.
It shall be unlawful to hereafter establish an adult book/video store, adult motion-picture theater, adult mini-motion-picture theater or topless and/or bottomless go-go cabaret, host or hostess establishment, nude modeling studio, massage parlor, sauna, hot tub or other similar health or body improvement enterprise or burlesque show within 1,000 feet of any building containing residential, dwelling or rooming unit. This prohibition may be waived if the person applying for the waiver shall file with the Township Clerk a petition which indicates approval of the proposed regulated use by 51% of the persons owning, residing or doing business within a radius of 1,000 feet of the location of the proposed use. The petitioner shall attempt to contact all eligible locations within this radius, and must maintain a list of all addresses at which no contact was made. A minimum of 100 responses is required. In the event that the one-thousand-foot radius is not sufficiently populated to provide 100 residences and/or business places eligible to respond, the radius will be increased in increments of 500 feet until there shall be an area large enough to contain 100 eligible residences and/or business places. The establishment shall also be located within an area properly zoned for this type of use.
The petition required shall be on a form obtained at the office of the Township Clerk. The circulator of the petition requesting approval of the proposed regulated uses shall subscribe to an affidavit at the bottom of said petition attesting to the fact that the petition was circulated to the addresses thereon and that the circulator witnessed the signature of the person signing said petition and who purported to be the person residing or doing business at said address and that said signatures were affixed to the petition by the persons whose names appeared thereon.
A person commits the crime of promoting obscene material if, knowing its content and character, he or she:
A. 
Disseminates for monetary gain, or possesses with the intent to disseminate for monetary gain, any obscene material; i.e., any sexually explicit verbal and/or visual material.
B. 
Produces, presents, directs, or participates for monetary gain in any obscene performance; i.e., any sexually explicit performance.
C. 
A person commits the crime of displaying obscene material when he displays on a sign, billboard, or other object located on any street or similar public place a photograph, drawing, or similar visual representation of any person engaged in sexually obscene behavior.
(1) 
Revealing the person with less than a fully opaque covering over his or her genitals and pubic area, or depicting the person in a state of sexual excitement or engaged in an act of sexual conduct or sadomasochistic abuse.
(2) 
Presented in such a manner as to exploit lust.
D. 
The test to be applied in matters concerning Subsections A through C shall be:
(1) 
Whether the average person, applying contemporary community standards, would find that the material taken as a whole, appeals to the prurient interest.
(2) 
Whether the material or performance depicts or describes, in a patently offensive way, the sexual conduct, sexual excitement, or sadomasochistic abuse as defined in § 362-2.
(3) 
Whether the material or performance lacks serious literary, artistic, political, educational, or scientific value.
Any person, firm or corporation who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, punished by a fine not to exceed $500, and the costs of prosecution or, in default of the payment thereof, by imprisonment for not to exceed 90 days, or both such fine and imprisonment in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.