[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:
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.
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.
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.
A hotel, motel or similar commercial establishment which:
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;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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.
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.
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.
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.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
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.
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:
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;
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or semi-nude model is on the premises
at any one time.
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:
A woman's breastfeeding of a baby whether or not the nipple
or areola is exposed during or incidental to the feeding.
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).
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).
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:
A woman's breastfeeding of a baby whether or not the nipple
or areola is exposed during or incidental to the feeding.
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).
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).
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
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.
Portions of the human body defined as follows:
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:
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;
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
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.
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.
The explicit display of one or more of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the effective date of the ordinance
from which this article is derived.
Means and includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
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)
Sexually oriented businesses are classified as follows:
[Ord. No. 143, 1-2-2007]
(a)
It is unlawful:
(1)
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Village pursuant
to this article.
(2)
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Village pursuant to
this article.
(3)
For any person to obtain employment with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this article.
(b)
An application for a license must be made on a form provided by the
Village.
(c)
All applicants must be qualified according to the provisions of this
article. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the Village
to determine whether the applicant meets the qualifications established
in this article.
(d)
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 4-52 and each applicant shall be considered a licensee if a license is granted.
(e)
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
a.
An individual, the individual shall state his legal name and any
aliases and submit proof that he is 18 years of age;
b.
A partnership, the partnership shall state its complete name and
the names of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any;
c.
A corporation, the corporation shall state its complete name, the
date of its incorporation, evidence that the corporation is in good
standing under the laws of its state of incorporation, the names and
capacity of all officers, directors and principal stockholders, and
the name of the registered corporate agent and the address of the
registered office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he must state the sexually
oriented business's fictitious name and submit the required registration
documents.
(3)
Whether the applicant, or a person residing with the applicant, has
been convicted of a specific criminal activity, and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
(4)
Whether the applicant, or a person residing with the applicant, has
had a previous license under this article or other similar sexually
oriented business ordinances from another municipality or county denied,
suspended or revoked, including the name and location of the sexually
oriented business for which the permit was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant has been a partner
in a partnership or an officer, director or principal stockholder
of a corporation that is licensed under this article whose license
has previously been denied, suspended or revoked, including the name
and location of the sexually oriented business for which the permit
was denied, suspended or revoked as well as the date of denial, suspension
or revocation.
(5)
Whether the applicant or a person residing with the applicant holds
any other licenses under this article or other similar sexually oriented
business ordinance from another municipality or county and, if so,
the names and locations of such other licensed businesses.
(6)
The single classification of license for which the applicant is filing.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number, if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant.
(10)
The applicant's driver's license number, Social Security number,
and/or his state or federally issued tax identification number.
(11)
A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but it
must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and straight-line drawing prepared within
30 days prior to the application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually
oriented businesses within 1,000 feet of the property to be certified;
the property lines of any established religious institution/synagogue,
school, or public park or recreation area within 1,000 feet of the
property to be certified. For purposes of this section, a use shall
be considered existing or established if it is in existence at the
time an application is submitted.
(13)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 4-61.
(f)
Before any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
Village the following information:
(1)
The applicant's name or any other name, including stage names, or
aliases used by the individual;
(2)
Age, date, and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
Date, issuing state and number of driver's permit or other identification
card information;
(7)
Social Security number; and
(8)
Proof that the individual is at least 18 years of age.
(g)
Attached to the application form for a sexually oriented business employee license as provided in Subsection (f) of this section shall be the following:
(1)
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
(2)
A statement detailing the license history of the applicant for the
five years immediately preceding the date of the filing of the application,
including whether such applicant previously operated or is seeking
to operate, in the Village or any other municipality, county or state,
has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional or vocational license
or permit denied, revoked, or suspended. In the event of any such
denial, revocation, or suspension, state the name of the issuing or
denying jurisdiction, and describe in full the reason for the denial,
revocation or suspension. A copy of any order of denial, revocation,
or suspension shall be attached to the application.
(3)
A statement whether the applicant has been convicted of a specified
criminal activity and, if so, the specified criminal activity involved,
the date, place and jurisdiction of each conviction.
[Ord. No. 143, 1-2-2007]
(a)
Upon the filing of an application for a sexually oriented business
employee license, the Village shall issue a temporary license to said
applicant. The application shall then be referred to the appropriate
Village departments for an investigation to be made on such information
as is contained on the application. The application process shall
be completed within 45 days from the date the completed application
is filed. After the investigation, the Village shall issue a license,
unless it is determined by a preponderance of the evidence that one
or more of the following findings is true:
(1)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(2)
The applicant is under the age of 18 years;
(3)
The applicant has been convicted of a specified criminal activity;
(4)
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule or regulation, or prohibited by a particular provision of this
article;
(5)
The applicant has had a sexually oriented business employee license revoked by the Village within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 4-57.
(b)
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Village that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 4-53.
(c)
Within 45 days after receipt of a completed sexually oriented business
application, the Village shall approve or deny the issuance of a license
to an applicant. The Village shall approve the issuance of a license
to an applicant unless it is determined by a preponderance of the
evidence that one or more of the following findings is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or a person with whom applicant is residing is overdue
in payment to the Village of taxes, fees, fines, or penalties assessed
against or imposed upon him in relation to any business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or a person with whom the applicant is residing has
been denied a license by the Village to operate a sexually oriented
business within the preceding 12 months or whose license to operate
a sexually oriented business has been revoked within the preceding
12 months.
(5)
An applicant or a person with whom the applicant is residing has
been convicted of a specified criminal activity.
(6)
The premises to be used for the sexually oriented business have not
been approved by the health department, Fire Department, and the Building
Official as being in compliance with applicable laws and ordinances.
(7)
The license fee required by this article has not been paid.
(8)
An applicant of the proposed establishment is in violation of or
is not in compliance with any of the provisions of this article.
(d)
The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to § 4-50. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(e)
The health department, Fire Department, and the Building Official
shall complete their certification that the premises is in compliance
or not in compliance within 45 days of receipt of the application
by the Village.
[Ord. No. 143, 1-2-2007]
(a)
Every application for a sexually oriented business license, whether
for a new license or for renewal of an existing license, shall be
accompanied by a nonrefundable application and investigation fee.
The fee shall be set by resolution of the Village Council.
(b)
In addition to the application and investigation fee required in Subsection (a) of this section, every sexually oriented business that is granted a license (new or renewal) shall pay to the Village an annual nonrefundable license fee within 30 days of license issuance or renewal. The license fee shall be set by resolution of the Village Council.
(c)
Every application for a sexually oriented business employee license,
whether for a new license or for renewal of an existing license, shall
be accompanied by an annual nonrefundable application, investigation,
and license fee; the amount of said fee shall be established by resolution
of the Village Council.
(d)
All license applications and fees shall be submitted to the Village
Clerk.
[Ord. No. 143, 1-2-2007]
(a)
An applicant or licensee shall permit representatives of the Police
Department, health department, Fire Department, zoning department,
or other Village departments or agents to inspect the premises of
a sexually oriented business for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business.
(b)
A person who operates a sexually oriented business or his agent or
employee commits a misdemeanor if he refuses to permit such lawful
inspection of the premises at any time it is open for business.
[Ord. No. 143, 1-2-2007]
(a)
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 4-51. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
(b)
When the Village denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Village finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
[Ord. No. 143, 1-2-2007]
(a)
The Village shall suspend a license for a period not to exceed 30
days if it determines that a licensee or an employee of a licensee
has:
[Ord. No. 143, 1-2-2007]
(a)
The Village shall revoke a license if a cause of suspension in § 4-56 occurs and the license has been previously suspended within the preceding 12 months.
(b)
The Village shall revoke a license if it determines that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the premises;
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended;
(5)
Except in the case of an adult motel, a licensee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises; or
(6)
A licensee is delinquent in payment to the Village, county, or state
for any taxes or fees past due.
(c)
When the Village revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Village finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
(d)
After denial of an application, or denial of a renewal of an application,
or suspension or revocation of any license, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.
[Ord. No. 143, 1-2-2007]
(a)
On determining that grounds for license suspension or revocation
exist, the Village shall furnish written notice of the proposed suspension
or revocation to the licensee. Such notice shall set forth the time
and place of a hearing to be conducted by a hearing officer appointed
by the Village, the grounds upon which the hearing is based, the pertinent
ordinance or Code sections at issue, and a brief summary of the facts
in support of the suspension or revocation. The notice shall be mailed,
postage prepaid, to the last known address of the licensee, or shall
be delivered to the licensee personally, at least 10 working days
prior to the hearing date. At the hearing, all parties shall have
a right to offer testimonial, documentary, and tangible evidence on
the issues, may be represented by counsel, and shall have the right
to confront and cross examine witnesses. Any relevant evidence upon
which reasonable persons are accustomed to rely in the conduct of
serious matters may be admitted. Any hearing under this section may
be continued for a reasonable time for the convenience of a party
or witness.
(b)
Notice of the hearing officer's decision shall be mailed to the applicant
or licensee no later than seven days after the hearing. If the hearing
officer finds and determines that there are grounds for disciplinary
action, the Village shall suspend or revoke the license pursuant to
this article.
(c)
All decisions of the Village to issue, review, deny, suspend or revoke
a license are final within 30 calendar days. After any denial, or
a suspension or revocation, the applicant or licensee may seek prompt
judicial review of such decision in any court of competent jurisdiction
as provided by law. Notwithstanding the applicant's or licensee's
right to initiate judicial review, the Village may, upon the written
request of an aggrieved applicant or licensee, within five business
days of its receipt of the request, file an action with a court of
competent jurisdiction seeking declaratory and injunctive relief,
including temporary and preliminary relief, as to the propriety of
the denial, revocation, or suspension.
(d)
If the Village denies an initial or renewal application and the aggrieved
applicant either commences a legal action to determine the validity
of the denial or makes a written request in the manner set forth herein
that the Village commence such action, then the Village may issue
a temporary license. This temporary license shall remain in effect
only until the court in which the action is pending renders a decision
as to the propriety of the denial. Any temporary license issued pursuant
to this section shall not grant any vested rights to the holder of
the temporary license.
[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]
(a)
It shall be unlawful for any person to operate or cause to be operated
a sexually oriented business within 1,000 feet of:
(1)
A church, synagogue, mosque, temple or building which is used primarily
for religious worship and related religious activities;
(2)
A public or private educational facility, including, but not limited
to, child day care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education schools, junior colleges,
and universities; school includes the school grounds, but does not
include facilities used primarily for another purpose and only incidentally
as a school;
(3)
A boundary of a residential district as defined in Chapter 34, pertaining to zoning, and Zoning Map;
(4)
A public park or recreational area which has been designated for
park or recreational activities, including, but not limited to, a
park, playground, nature trails, swimming pool, reservoir, athletic
field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land within the Village which is under
the control, operation, or management of the Village park and recreation
authorities;
(5)
The property line of a lot devoted to a residential use as defined in Chapter 34, pertaining to zoning;
(6)
An entertainment business which is oriented primarily towards children
or family entertainment; or
(7)
A licensed premises, licensed pursuant to the alcoholic liquor control
regulations of the state.
(b)
It shall be unlawful for any person to cause or permit the operation,
the substantial enlargement, or transfer of ownership or control of
a sexually oriented business within 1,000 feet of another sexually
oriented business.
(c)
It shall be unlawful for any person to cause or permit the operation,
establishment, or maintenance of more than one sexually oriented business
in the same building, structure, or portion thereof, or the increase
of floor area of any sexually oriented business in any building, structure,
or portion thereof containing another sexually oriented business.
(d)
For the purpose of Subsection (a) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection (a) of this section. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(e)
For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
[Ord. No. 143, 1-2-2007]
(a)
Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttal presumption
that the establishment is an adult motel.
(b)
A person commits a misdemeanor if, as the person in control of a
sleeping room in a hotel, motel, or similar commercial establishment
that does not have a sexually oriented license, he rents or subrents
a sleeping room to a person and, within 10 hours from the time the
room is rented, he rents or subrents the same sleeping room again.
[Ord. No. 143, 1-2-2007]
(a)
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
videocassette, live entertainment, or other video reproduction which
depicts specified sexual activities or specified anatomical areas,
shall comply with the following requirements:
(1)
Upon application for a sexually oriented license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations and the
location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area. The diagram shall
also designate the place at which the permit will be conspicuously
posted, if granted. A professionally prepared diagram in the nature
of an engineer's or architect's blueprint shall not be required; however,
each diagram should be oriented to the north or to some designated
street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions
of all areas of the interior of the premises to an accuracy of plus
or minus six inches. The Village may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has
not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager's station
may be made without the prior approval of the Village.
(4)
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
(5)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the manager's stations. The view required in this subsection
must be by direct line of sight from the manager's station.
(6)
It shall be the duty of the licensee to ensure that the view area
specified in Subsection (a)(5) of this section remains unobstructed
by any doors, curtains, partitions, walls, merchandise, display racks
or other materials and, at all times, to ensure that no patron is
permitted access to any area of the premises which has been designated
as an area in which patrons will not be permitted in the application
filed pursuant to Subsection (a)(1) of this section.
(7)
No viewing room may be occupied by more than one person at any time.
(8)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five footcandles
as measured at the floor level.
(9)
It shall be the duty of the licensee to ensure that the illumination
described in Subsection (a)(8) of this section is maintained at all
times that any patron is present in the premises.
(10)
No licensee shall allow openings of any kind to exist between
viewing rooms or booths.
(11)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(12)
The licensee shall, during each business day, regularly inspect
the walls between the viewing booths to determine if any openings
or holes exist.
(13)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
material or other porous material shall be used within 48 inches of
the floor.
(b)
A person having a duty under Subsections (a)(1) through (14) of this
section commits a misdemeanor if he knowingly fails to fulfill that
duty.
[Ord. No. 143, 1-2-2007]
[Ord. No. 143, 1-2-2007]
(a)
A nude model studio shall not employ any person under the age of
18 years.
(b)
It shall be unlawful for any person under the age of 18 years to
appear semi-nude or in a state of nudity in or on the premises of
a nude model studio. It is a defense to prosecution under this subsection
if the person under 18 years of age was in a restroom not open to
public view or visible to any other person.
(c)
It shall be unlawful for any person to appear in a state of nudity,
or to knowingly allow another to appear in a state of nudity in an
area of a nude model studio premises which can be viewed from the
public right-of-way.
(d)
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
[Ord. No. 143, 1-2-2007]
(a)
It shall be a misdemeanor for a person who knowingly and intentionally,
in a sexually oriented business, appears in a state of nudity or depicts
specified sexual activities.
(b)
It shall be a misdemeanor for a person who knowingly or intentionally
in a sexually oriented business appears in a semi-nude condition unless
the person is an employee who, while semi-nude, shall be at least
10 feet from any patron or customer and on a stage at least two feet
from the floor.
(c)
It shall be a misdemeanor for an employee, while semi-nude in a sexually
oriented business, to solicit any pay or gratuity from any patron
or customer or for any patron or customer to pay or give any gratuity
to any employee, while said employee is semi-nude in a sexually oriented
business.
(d)
It shall be a misdemeanor for an employee, while semi-nude, to touch
a customer or the clothing of a customer.
[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.
[Ord. No. 143, 1-2-2007]
(a)
It is a defense to prosecution under § 4-64 that a person appearing in a state of nudity did so in a modeling class:
(1)
Operated by a proprietary school, licensed by the state; a college,
junior college, or university supported entirely or partly by taxation;
(2)
Operated by 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
(3)
In a structure:
a.
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing;
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 model is on the premises at any one time.
