[HISTORY: Adopted by the Township Board of the Charter Township of Allendale 12-28-1998 by Ord. No. 1998-12. Amendments noted where applicable.]
It is the purpose of this chapter to minimize the negative secondary effects associated with sexually oriented businesses, and thereby promote the health, safety, and general welfare of the patrons of and performers at sexually oriented businesses and the citizens and residents of the Township, through licensing and regulating sexually oriented businesses and related activities. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any expressive activity or communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or Article I, Section 5, of the Michigan Constitution of 1963, 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 chapter to legitimize activities prohibited by Township ordinance, county, state or federal law.
A. 
Terms used in this chapter that are defined in Article 23, Section 15, of the Township Zoning Ordinance shall have the meaning as specified therein for the purposes of interpreting and enforcing this chapter.
B. 
In addition, the following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
OPERATOR
Any person who engages in the practice of or performs a nontherapeutic massage.
PERSON
Any individual, agent, partnership, corporation, limited-liability company, joint venture, or any other form of business association or business entity.
SEMINUDITY or A STATE OF SEMINUDITY
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. "Seminudity" includes showing the entire lower portion of the female breast, but shall not include merely showing any portion of the cleavage of the female breast, as exhibited by the wearing of a bathing suit, blouse, dress, leotard, skirt, or other apparel, provided the areola is not exposed in whole or part.
SPECIFIED CRIMINAL ACTIVITY
An offense involving any of the following activities for the specified time periods.
(1) 
Dissemination of obscenity; sale, distribution or display of sexually explicit or otherwise harmful material to a minor; possession or distribution of child pornography; sexual performance by a child; child molestation; indecency with a child; indecent exposure; public lewdness; prostitution or assignation (accosting, promoting, or soliciting for purposes of prostitution); sexual assault; engaging in organized criminal activity; gambling; distribution of a controlled substance; or any offense under the criminal or penal code of any other state or country similar to those described above.
(2) 
Specified time periods:
(a) 
Less than two years have passed since the date of the conviction or the date of release from confinement, whichever is later, if the conviction is for a single misdemeanor offense;
(b) 
Less than five years have passed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the convictions are for two or more misdemeanor offenses or any combination of misdemeanor offenses occurring within a twenty-four-month period; or
(c) 
Less than five years have passed since the date of conviction or the date of release from confinement, whichever is later, if the conviction is for a felony offense.
(3) 
A pending appeal of a conviction shall have no effect on the definition of "specified criminal activity."
It shall be a violation of this chapter for any person:
A. 
To own or operate a sexually oriented business within the Township unless that sexually oriented business is licensed and is in full compliance with the provisions of this chapter and Article 23, Section 15, of the Township Zoning Ordinance;
B. 
To employ an individual to work for the sexually oriented business in any capacity when that individual is not licensed as a sexually oriented business employee by the Township pursuant to this chapter; and
C. 
To obtain employment with a sexually oriented business without having first secured a sexually oriented business employee license pursuant to this chapter.
A. 
All sexually oriented businesses shall comply with all of the following.
(1) 
No person younger than 18 years of age shall enter or be on the premises of a sexually oriented business at any time during which the sexually oriented business is open for business.
(2) 
No person under the age of 18 shall be employed by a sexually oriented business or contracted with a sexually oriented business for the provisions of services to patrons.
(3) 
No employee of a sexually oriented business shall sell or provide goods, merchandise or services to persons under the age of 18 on the premises.
(4) 
No alcoholic beverages shall be permitted within the premises of a sexually oriented business at any time, unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission.
(5) 
No loitering shall be allowed on the premises of any sexually oriented business at any time.
(6) 
No sexually oriented business shall allow its building, place, or premises to be used for the purpose of lewdness, assignation or prostitution.
(7) 
No sexually oriented business shall be open to do business before 10:00 a.m. Monday through Saturday, or after 10:00 p.m. Monday through Saturday. No sexually oriented business shall be open to do business on any Sunday or legal holiday.
(8) 
At least one bouncer or security guard employed by the sexually oriented business shall be present at all times when the sexually oriented business is open to do business. The bouncer or security guard shall patrol the premises, including the parking lot, to ensure compliance with the requirements of this section.
B. 
Any sexually oriented business offering live entertainment shall further comply with all of the following.
(1) 
A dressing area for performers must be provided with direct access to and from said dressing area and the performance area or stage, such that the performer may enter the performance area or stage without entering the area from which patrons will view the performance.
(2) 
Access to the performance area, stage, and dressing room must be handicap accessible to the extent required by law.
(3) 
The performance area or stage must be elevated at least 18 inches above the area from which patrons will view the performance.
(4) 
The dressing area for performers must be separate and not freely accessible from areas of the business accessible to patrons.
(5) 
The performer's dressing area must have hot and cold running water and adequate toilet facilities.
(6) 
An employee, owner, independent contractor, or performer of any type shall not engage in any physical contact with, or be within six feet of, patrons during performances or when in a state of nudity or seminudity; neither shall any such person receive tips or gratuities from patrons for performances.
C. 
A violation of Subsections A(1), (2), and/or (3) of this section shall be grounds for criminal prosecution of both the underage person and of any licensee, owner, operator, and employees who permitted the violation of the section by the underage person.
A. 
No person shall dance, entertain, display or otherwise engage in any exhibition or performance in such a manner as to expose to the view of any person within a sexually oriented business, or in any other commercial establishment any specified anatomical areas, or any device, costume or covering which gives the appearance of or simulates any specified anatomical areas.
B. 
No person shall engage in any specified sexual activities on the premises of a sexually oriented business.
C. 
It shall be unlawful for any person to knowingly promote the commission of any of the unlawful acts listed in Subsections A and B.
An applicant or licensee shall allow the Zoning Administrator, the County Sheriff, any Deputy Sheriff, and any other law enforcement official, individually or jointly, to inspect the premises of a sexually oriented business at any time it is occupied or open for business for the purpose of ensuring compliance with this chapter, the Zoning Ordinance, all other local ordinances, and all other statutes, laws, rules or regulations of the county, state and federal government.
A. 
An application for a license to operate a sexually oriented business within the Township shall be made on a form provided by the Township. The application shall require the applicant to provide any and all information and documentation (including but not limited to fingerprints and photographs) necessary to enable the Township to determine whether the applicant meets the qualifications and requirements established in this chapter. An application shall not be deemed complete until all such information and documentation has been provided to the Township by the applicant or the applicant's agents and/or representatives.
B. 
If the sexually oriented business is intended to be operated as a sole proprietorship by an individual, then the individual is deemed the applicant and shall sign the application for a license.
C. 
Where the sexually oriented business is intended to be operated in any capacity other than as a sole proprietorship, then each individual who has a significant or controlling interest in the business is deemed to be an applicant and each such person shall sign the application for a license. The application shall further provide the following information.
(1) 
Where the business entity is a partnership, the partnership shall state its complete name, the names of all partners, the status of the partnership as a general or limited partnership, and include a copy of the partnership agreement, if any agreement exists.
(2) 
Where the business entity is a corporation (C-corporation, S-corporation, professional corporation, or any other corporation), the corporation shall state its complete name, the date of its incorporation, the state of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacities of each office holder, director, and principal stockholders in the corporation, and the name of the registered corporate agent and the address of the registered office for service of process.
(3) 
Where the business entity is a limited-liability company (member-managed, manager-managed, professional, or any other limited -liability company), the limited-liability company shall state its complete name, the date of its organization as a limited-liability company, the state in which it was organized as a limited-liability company, evidence that the limited-liability company is in good standing under the laws of the state in which it is organized, the names of and capacities of each member in the limited-liability company, and the name of the manager and the address of the registered office for service of process.
D. 
If the sexually oriented business is intended to be operated under a name other than that of the applicant, the applicant must state the fictitious name of the sexually oriented business and submit the required registration documents.
E. 
An application for a sexually oriented business license shall contain the following information and shall be accompanied by any necessary documentation for each applicant:
(1) 
The applicant shall state his or her legal name and all prior names and aliases (including stage names) by which the applicant has ever been known, and submit proof that he or she is at least 18 years of age.
(2) 
The application shall state the applicant's current mailing address and residential address.
(3) 
The application shall state the applicant's driver's license number, social security number, and/or state or federally issued tax identification number.
(4) 
The application shall include the applicant's fingerprints on a form provided by the Sheriff or the Department of State Police, and two color photographs of the applicant clearly showing the applicant's face. Any fees required to produce the fingerprints and photographs shall be paid by the applicant.
(5) 
The application shall state whether the applicant, or a person residing with the applicant, has ever been convicted of, pleaded guilty to, or pleaded no contest to a specified criminal activity as defined in this chapter. In the event of an affirmative response, the applicant shall state each specified criminal activity involved, along with the date, place, and jurisdiction of each offense.
(6) 
The application shall state whether the applicant, or a person residing with the applicant, has ever had a previous license under this chapter or any other similar sexually oriented business ordinance of another municipality or county denied, suspended, or revoked. In the event of an affirmative response, the applicant shall state the name and location of each sexually oriented business that had its license denied, suspended, or revoked, as well as the date of and reason for the denial, suspension, or revocation.
(7) 
The application shall state whether the applicant, or a person residing with the applicant, has ever been a partner in a partnership, or an officer, director or principal stockholder of a corporation, or a member or manager of a limited-liability company, or otherwise had a significant or controlling interest in any business entity that is or was licensed under this chapter or any other similar sexually oriented business ordinance of another municipality or county, whose license has previously been denied, suspended or revoked. In the event of an affirmative response, the applicant shall state the name and location of the sexually oriented business that had its license denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
(8) 
The application shall state whether the applicant, or a person residing with the applicant, currently holds any other licenses under this chapter or any other similar sexually oriented business ordinance of another municipality or county. In the event of an affirmative response, the applicant shall state the names and locations of each licensed sexually oriented business.
(9) 
The application shall state the location of the proposed sexually oriented business, including a legal description of the property, the street address, and the telephone number, if any.
(10) 
The application shall include a site plan prepared by a land surveyor who is licensed by the State of Michigan. The site plan shall show all the salient features of the proposed sexually oriented business premises and the surrounding area, including, but not limited to a) the current zoning districts of all property within 1,000 feet of the property to be licensed; and b) the property lines of any established single- or multiple-family residence, Township, county or state park, school, library, licensed child care facility, playground, church or place of worship within 1,000 feet of the property to be licensed. A use shall be deemed established if it is in existence at the time the application for license is submitted to the Township.
(11) 
The application shall include a sketch or a diagram, drawn to a designated scale with marked dimensions, to an accuracy of ± six inches, which shows the proposed interior configuration of the sexually oriented business premises.
F. 
The Township shall grant or deny the requested operating license within 30 days after receiving the completed application for an operating license. The Township shall grant the operating license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following is true.
(1) 
The applicant is under 18 years of age.
(2) 
The applicant, or a person with whom the applicant is residing, is currently overdue in payment to the Township of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or a person with whom the applicant is residing.
(3) 
The applicant has falsely answered a question or request for information on the application.
(4) 
The applicant, or a person with whom the applicant is residing, has previously been denied a license by the Township to operate a sexually oriented business during the preceding 12 months, or whose license to operate a sexually oriented business within the Township has been revoked within the preceding 12 months.
(5) 
The applicant, or a person with whom the applicant is residing, has been convicted of, pleaded guilty to, or pleaded no contest to a specified criminal activity as defined in this chapter.
(6) 
The sexually oriented business's premises have not been approved by the Fire Department and the Zoning Administrator as being in compliance with all applicable laws and ordinances.
(7) 
The applicant has failed to pay the application and investigation fee required by § 358-9 of this chapter.
(8) 
The existing or proposed sexually oriented business is in violation of, or is otherwise not in compliance with, any provisions of this chapter or any other ordinance of the Township, including but not limited to the Zoning Ordinance, or any other statute, law, rule or regulation of the county, state or federal government.
G. 
The Fire Department and the Zoning Administrator shall complete their certification that the premises of the proposed sexually oriented business is in compliance, or not in compliance, within 20 days of the Township's receipt of the application.
H. 
A license shall state on its face the name of the person or persons to whom it is granted, the expiration date of the license, and the address of the sexually oriented business. 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.
A. 
An application for a license to work as an employee of sexually oriented business located within the Township shall be made on a form provided by the Township. The application shall not be deemed complete until all of the following information and documentation has been provided to the Township by the applicant.
(1) 
The application shall state the applicant's current legal name and all other names and aliases (including stage names) by which the applicant has ever been known.
(2) 
The application shall state the applicant's age, date and place of birth, along with a copy of the applicant's birth certificate or other proof that the applicant is at least 18 years of age.
(3) 
The application shall state the applicant's height, weight, hair and eye color.
(4) 
The application shall state the applicant's current residence address and telephone number.
(5) 
The application shall state the applicant's current business address and telephone number.
(6) 
The application shall state the applicant's driver's license number or other identification card information.
(7) 
The application shall state the applicant's social security number.
(8) 
The application shall include a copy of the applicant's fingerprints on a form provided by the Sheriff or Department of State Police, and a color photograph of the applicant clearly showing the applicant's face. Any fees required to produce the fingerprints and photograph shall be paid by the applicant.
(9) 
The application shall include a written statement detailing whether the applicant has ever been convicted of, pleaded guilty to, or pleaded no contest to, a specified criminal activity as defined in this chapter. In the event of an affirmative response, the applicant shall state the specified criminal activity involved, the date, place, and jurisdiction of each offense.
B. 
The Township shall issue a temporary employee license to the applicant upon the applicant filing a complete application for an employee license. The Township will verify the information provided by the applicant. The investigation and application process shall be completed within 30 days from the date the completed application is filed. At the end of that thirty-day period, the Township shall issue an employee license to the applicant, unless it is determined by a preponderance of the evidence that one or more of the following is true.
(1) 
The application is incomplete, in that it does not contain the necessary information required under this chapter, or in that the applicant has failed to pay the application and investigation fee required by § 358-9 of this chapter;
(2) 
The applicant has falsely answered a question or request for information on the application form;
(3) 
The applicant is under 18 years of age;
(4) 
The applicant has been convicted of, pleaded guilty to, or pleaded no contest to a specified criminal activity as defined in this chapter;
(5) 
The license is to be used for employment in a business that is prohibited by local or state law, statute, rule or regulation, or is specifically prohibited by a particular provision of this chapter or the Zoning Ordinance; or
(6) 
The applicant has had an employee license revoked by the Township within two years of the date of the current application.
C. 
If the employee license is denied, the temporary license previously issued shall immediately be deemed null and void.
A. 
Operating licenses.
(1) 
Every application for a sexually oriented business license (whether for a new license or for a renewal) shall be accompanied by a nonrefundable application and investigation fee to be established by resolution of the Township Board to cover the expense of considering, investigating, and making a decision on the application.
(2) 
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall, within 30 days of the grant of a new or renewed license, pay to the Township an annual nonrefundable license fee to be established by resolution of the Township Board.
B. 
Employee licenses.
(1) 
Every application for a sexually oriented business employee license (whether for a new license or for renewal) shall be accompanied by a nonrefundable application and investigation fee to be established by resolution of the Township Board to cover the expense of considering, investigating, and making a decision on the application.
(2) 
In addition to the application and investigation fee required above, every employee of a sexually oriented business that is granted a sexually oriented business employee license (new or renewal) shall, within 30 days of the grant of a new or renewed license, pay to the township an annual nonrefundable license fee to be established by resolution of the Township Board.
A. 
Each license granted under this chapter shall expire one year from the date the license is granted and may be renewed only by making a new application for a license as provided in this chapter. A complete application for renewal of a license shall be made at least 30 days before the expiration date of the license. In the event the completed application is made less than 30 days before the expiration date, the prior license will still expire one year from the date the license was granted, and the sexually oriented business must remain closed from the date of the expiration of the prior license until the date the new license is granted under this chapter.
B. 
In the event the Township denies the renewal of a license, the applicant shall be prohibited from reapplying for a new license for a period of one year from the date of the denial of the renewal.
The Township 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 refused to allow an inspection of the sexually oriented business premises as authorized by this chapter, or has otherwise violated any section of this chapter.
A. 
The Township shall revoke a license if the license has been suspended more than two times within a twelve-month period.
B. 
The Township shall revoke a license if the Township determines by a preponderance of the evidence that any one or more of the following have occurred.
(1) 
A licensee gave false or misleading information in the application.
(2) 
A licensee has knowingly allowed the possession, use, or sale of controlled substances on the premises of the sexually oriented business.
(3) 
A licensee has knowingly allowed assignation or prostitution on the premises of the sexually oriented business.
(4) 
A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended.
(5) 
The 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 of the sexually oriented business.
(6) 
The licensee is delinquent in payment to the Township, county, or state for any taxes or fees.
C. 
Any revocation of a license shall continue for one year, and the licensee shall not be issued a sexually oriented business license for a period of one year from the date the revocation became effective.
Any denial of an initial application or renewal for a license under this chapter, or any suspension or revocation of any license under this chapter, may be appealed in writing within 10 days of the decision to the Township Board. The Township Board shall hold a hearing within 30 days of receiving the written appeal. The Township Board shall make its decision upholding or overturning the denial, suspension, or revocation within 30 days of the hearing. The decision of the Township Board shall be deemed a final decision by the Township. 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.
Any license granted under this chapter shall be nontransferable. A licensee shall not transfer any license to another individual or business, 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 for the license.
Any person violating this chapter shall be subject to a misdemeanor and may face fines of up to not more than $500 or imprisonment of up to not more than 90 days, or both, for each offense. Each day of violation shall constitute a separate offense.
Nothing within this chapter shall preclude the Attorney General of the State of Michigan, the Ottawa County Prosecuting Attorney, or any citizen of Ottawa County from maintaining an action to enjoin and abate a sexually oriented business as a nuisance, pursuant to the provisions of Act 236 of the Public Acts of 1961, as amended.[1]
[1]
Editor's Note: See MCLA § 600.101 et seq.