As used in this part, the following terms shall have the indicated
meanings:
ADULT ARCADE or MINI MOTION-PICTURE THEATER
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated, or electronically, electrically, or
mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are regularly maintained to show
images to five or fewer persons per machine at any one time, and where
the images regularly displayed are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas (as defined herein).
ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE
A commercial establishment which has significant or substantial
portions of its stock-in-trade or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
section of its sales or display space to the sale or rental, for any
form of consideration, of any one or more of the following:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, compact discs, DVDs, slides,
or other visual representations which are characterized by their emphasis
upon the exhibition or description of specified sexual activities
or specified anatomical areas;
B.
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of themselves or others.
ADULT BOOTH
A.
A partitioned area inside an adult regulated use, which is:
(1)
Designed or regularly used for the viewing of books, magazines,
periodicals, or other printed matter, photographs, films, motion pictures,
video cassettes, slides, or other visual representations, recordings,
and novelties or devices which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas by one or
more persons; and
(2)
Is accessible to any person, regardless of whether a fee is
charged for access.
B.
Adult booth does not include a foyer through which any person
can enter or exit the establishment or a restroom.
ADULT CABARET
A nightclub, cafe, restaurant, lounge, bar or similar establishment,
(which may or may not include the service of food or beverages), which
regularly features persons who appear nude or seminude or which regularly
features performances distinguished or characterized by an emphasis
on the display of any specified anatomical areas or specified sexual
activities.
ADULT MODEL STUDIO
Any place where a person who displays specified anatomical
areas is regularly provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who
pay money or any form of consideration. Such an establishment includes,
but is not limited to, the following activities and services: modeling
studios, body painting studios, wrestling studios, individual theatrical
performance or dance performances, barbershops or hair salons, car
washes, and/or convenience stores. An adult model studio shall not
include a proprietary school licensed by the State of Michigan or
a college, junior college, or university supported entirely or in
part by public taxation, a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college, or university supported entirely or
partly by taxation, or in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing; and
B.
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises
at any one time.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which:
A.
Offers accommodations to the public for any form of consideration;
and
B.
Provides patrons with closed circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified anatomical areas; and
C.
Has a sign visible from the public right-of-way, which:
(1)
Advertises the availability of this adult type of photographic
reproductions; or
(2)
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videos, DVDs, slides or other photographic
reproductions are regularly shown in which a substantial portion of
the total presentation is devoted to the showing of materials which
are distinguished or characterized by their emphasis on the depiction,
description, or relation to specified sexual activities or specified
anatomical areas for observation or entertainment of patrons, guests,
and/or members.
ADULT OUTDOOR MOTION-PICTURE THEATER
A commercial establishment having an open lot or part thereof
with appurtenant facilities devoted primarily to the presentation
of motion pictures, films, theatrical productions, and other forms
of visual productions for any form of consideration to persons in
motor vehicles or in outdoor seats, and regularly presenting material
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation or entertainment of patrons, guests,
and/or members.
ADULT PERSONAL SERVICE BUSINESS
A commercial business having as a principal activity a person,
while nude or seminude, providing personal services for another person
on an individual basis. Such a business includes, but is not limited
to, the following activities and services: modeling studios, body
painting studios, wrestling studios, individual theatrical performances
or dance performances, barbershops or hair salons, car washes, convenience
stores or other commercial business establishments where food or goods
and services are sold, and tattoo parlors where services are being
performed by a person who is nude or partially nude. "Nude" or "seminude"
is defined as having attire which reveals specified anatomical areas,
as defined in this section.
ADULT PHYSICAL CULTURE BUSINESS
Any commercial establishment, club or business by whatever
name designated, which regularly offers or advertises or is equipped
or arranged to provide massages, body rubs, alcohol rubs, physical
stimulation, baths, or other similar treatment by any person. An adult
physical cultural business may include, but is not limited to, establishments
commonly known as massage parlors, health spas, sauna baths, Turkish
bathhouses, and steam baths.
ADULT REGULATED USE
Adult physical culture business, adult bookstore, adult novelty
store, adult video store, adult theater, adult cabaret, adult motion-picture
theater, adult outdoor motion-picture theater, adult arcade or mini
motion-picture theater, adult motel, adult booth, or adult personal
service business.
ADULT THEATER
A commercial establishment which is a theater, concert hall,
auditorium, or similar commercial establishment, either indoor or
outdoor in nature, which, for any form of consideration, regularly
features live performances which are distinguished or characterized
by their emphasis on specified sexual activities or by exposure of
specified anatomical areas for observation by guests, patrons, and/or
members. An adult theater does not include a theater, concert hall,
auditorium, or similar establishment which, for any fee or consideration,
regularly features live performances which are not distinguished or
characterized by their emphasis on the depiction or description of
specified sexual activities or specified anatomical areas, in that
any such depiction or description is only incidental to the primary
purpose of the performance.
COMMERCIAL ESTABLISHMENT
Any business, location, or place which conducts or allows
to be conducted on its premises any activity for commercial gain.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON
The dominant or principal theme of the object so described.
For example, "films which are distinguished or characterized by an
emphasis upon the exhibition or description of specified sexually
activities or specified anatomical areas," the films so described
are those whose dominant or principal character and theme are the
exhibition or description of specified anatomical areas or specified
sexual activities.
EMPLOYEE
A person who performs any service for any consideration on
the premises of an adult regulated use on a full-time, part-time,
or contract basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise, and whether or not said
person is paid a salary, wage, or other compensation by the operator
of said adult regulated use. "Employee "does not include a person
exclusively on the premises for repair or maintenance of the premises
or equipment on the premises or for the delivery of goods to the premises.
ESTABLISHMENT
The site or premises on which an adult regulated use is located,
including the interior of the establishment or portions thereof, upon
which certain activities or operations are being conducted for commercial
gain.
NUDITY or STATE OF NUDITY
The knowing or intentional live display of a human genital
organ or anus with less than a fully opaque covering or a female individual's
breast with less than a fully opaque covering of the nipple and areola.
Nudity, as used in this chapter, does not include a woman's breast-feeding
of a baby, regardless of whether the nipple or areola is exposed during
or incidental to the feeding.
REGULARLY
In the context of "regularly" features, "regularly" shown
or similar contexts in this chapter: A consistent or substantial course
of conduct, such that the films or performances exhibited constitute
a substantial portion of the films or performances offered as a part
of the ongoing business of the sexually-oriented business.
SEMINUDE or STATE OF SEMINUDITY
A state of dress in which opaque covering covers no more
than the genitals or anus and nipple and areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
This definition shall not include any portion of the cleavage of the
human female breast exhibited by a dress, blouse, skirt, leotard,
bathing suit, or other wearing apparel, provided that the areola and
nipple are not exposed in whole or in part.
SPECIFIED ANATOMICAL AREAS
Portions of the human body, defined as follows:
A.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, or the nipple or areola of the female breast;
B.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
The explicit display of one or more of the following:
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.
No lessee or sublessee of any property shall convert that property from any other use to an adult regulated use unless the location of the property conforms to standards in §
475-129.
The following uses are exempt from the provisions of the terms
and conditions of this part and are subject to the other provisions
of the chapter, and the following uses shall not be construed to be
included in any of the definitions of this part:
A. Accredited hospitals, nursing homes, sanitariums or other licensed
health care facilities, physicians, surgeons, chiropractors, osteopaths,
physical therapists, registered nurses, and other establishments or
professionals duly licensed under the laws of the state while engaged
in the activities for which they are so licensed.
B. Barbers, beauticians, barbershops, and beauty parlors licensed under
the laws of the state which also offer massages, provided that massages
therein involved are limited to the head, shoulders, scalp, neck,
hands, and feet. Such establishments which also provide activities
which fall under the definition of "adult personal service business"
in this chapter shall, however, be governed by the provisions, terms,
and conditions of this chapter.
C. Public and parochial school and college or professional athletic
coaches and trainers while acting within the scope of their school
employment.
D. Professional massage therapy enterprises, where each massage therapist
has met the following criteria:
(1)
Proof of graduation from a school of massage licensed by the
State of Michigan or another state with equivalent standards, consisting
of at least 500 classroom hours of instruction and practical training,
which include 300 hours of theory and practice of massage therapy,
100 hours of anatomy and physiology, and 100 hours of elective subjects;
or proof of completion of a comprehensive course of study in a massage
training program at an American community college or university which
requires at a minimum the training and curriculum above; and
(2)
Proof of current professional membership in the American Massage
Therapy Association, International Myomassethics Federation, Associated
Bodywork and Massage Professionals, or other national massage therapy
organization with comparable prerequisites for certification, including
liability insurance and testing.
E. Nonprofit organizations operating a community center, swimming pool,
tennis court, or other educational, cultural, recreational, or athletic
facilities which are used primarily for the welfare of the residents
of the area.
Any person, business, or entity violating or refusing to comply
with any provisions of this chapter shall, upon conviction in a court
of competent jurisdiction, be deemed guilty of a misdemeanor and shall
be punished by imposition of a fine not to exceed $500 or by imprisonment
for a period not to exceed 90 days, or both. Each day that a violation
is permitted to exist or occur shall constitute a separate offense.
Further, any premises, building, dwelling, or other structure in which
an adult regulated use as defined in this part is repeatedly operated
or maintained in violation of the provisions of this part shall constitute
a public nuisance and shall be subject to nuisance abatement proceedings
initiated by the Village in a court of competent jurisdiction. Each
day that a violation is permitted to exist or occur shall constitute
a separate operation or maintenance of the violation.
Nothing contained in this part is intended, or shall be construed,
to permit or authorize activities which are unlawful under state law
or Village ordinance.
Notwithstanding anything to the contrary, for the purposes of
this part, an act by an employee shall be imputed to the adult regulated
use for the purpose of establishing a violation of this part only
if an employee or operator of the adult regulated use knowingly allowed
a violation of this part to occur. It shall be a defense to liability
that the employee or operator was powerless to prevent the violation.