[Ord. No. 143, 1-2-2007]
The purpose of this article is to regulate sexually oriented
businesses in order to promote the health, safety, morals, and general
welfare of the citizens of the Village, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Village. The provisions
of this article have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Similarly, it is not the intent
nor effect of this article to restrict or deny access by adults to
sexually oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this article to condone or legitimize the distribution of
obscene material.
[Ord. No. 143, 1-2-2007]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image-producing devises are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment having 10% or more of all usable
interior, retail, wholesale, or warehouse space 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 matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas, or an establishment
with a segment or section devoted to the sale or display of such material.
Such establishment or the segment or section devoted to the sale or
display of such material in an establishment is customarily not open
to the public generally, but only to one or more classes of the public,
excluding any minor by reason of age.
ADULT CABARET
An 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, or topless and/or
bottomless waitpersons or employees.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
(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 or ADULT LIVE STAGE PERFORMING
THEATER
An enclosed building 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 the public, excluding any minor by reason of age.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business 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 business. The term
"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.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following:
(1)
The opening or commencement of any sexually oriented business
as a new business;
(2)
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(3)
The additions of any sexually oriented business to any other
existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears semi-nude, in a state
of nudity, or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. The term "nude model studio" shall not include a proprietary
school licensed by the state 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:
(1)
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or semi-nude person
is available for viewing;
(2)
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
(3)
Where no more than one nude or semi-nude model is on the premises
at any one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state. The term "nudity" or
"a state of nudity" does not include the following:
(1)
A woman's breastfeeding of a baby whether or not the nipple
or areola is exposed during or incidental to the feeding.
(2)
Material as defined in Section 2 of Act No. 343 of the Public
Acts of 1984, being Section 752.362 of the Michigan Compiled Laws
(MCL 752.362).
(3)
Sexually explicit visual material as defined in Section 3 of
Act No. 33 of the Public Acts of 1978, being Section 722.673 of the
Michigan Compiled Laws (MCL 722.673).
SEMI-NUDE or IN A SEMI-NUDE CONDITION
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but 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 is not exposed in whole or in part. The term
"semi-nude" or a state of "semi-nude condition" does not include the
following:
(1)
A woman's breastfeeding of a baby whether or not the nipple
or areola is exposed during or incidental to the feeding.
(2)
Material as defined in Section 2 of Act No. 343 of the Public
Acts of 1984, being Section 752.362 of the Michigan Compiled Laws
(MCL 752.362).
(3)
Sexually explicit visual material as defined in Section 3 of
Act No. 33 of the Public Acts of 1978, being Section 722.673 of the
Michigan Compiled Laws (MCL 722.673).
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2)
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater
or adult live stage performing theater, escort agency, nude model
studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Portions of the human body defined as follows:
(1)
Less than completely and opaquely covered human genitals, pubic
region, buttocks, or female breasts below a point immediately above
the top of the areola, and
(2)
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
(1)
The term "specified criminal activity" means prostitution or
promotion of prostitution; dissemination of obscenity; sale, distribution
or display of harmful material to a minor; sexual performance by a
child; possession or distribution of child pornography; public lewdness;
indecent exposure; indecency with a child; engaging in organized criminal
activity; sexual assault, molestation of a child; gambling; or distribution
of a controlled substance; or any similar offenses to those described
in this subsection under the criminal or penal code of other states
or countries; for which:
a.
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
b.
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
c.
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the conviction,
whichever is the later date, if the convictions are of two or more
misdemeanors or combination of misdemeanor offenses occurring within
any twenty-four-month period.
(2)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
SPECIFIED SEXUAL ACTIVITIES
The explicit display of one or more of the following:
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse, or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breast.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Means and includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[Ord. No. 143, 1-2-2007]
A licensee shall not transfer his license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
[Ord. No. 143, 1-2-2007]
It shall be unlawful for any person to knowingly allow a person
under the age of 18 years on the premises of a sexually oriented business.
[Ord. No. 143, 1-2-2007]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 1:00 a.m. and 8:00 a.m.
on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.