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.
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.
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.
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.
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.