The purpose of this article is to prevent the occurrence of potential
problems which are likely to arise when sexual conduct and nudity are placed
in close proximity with the serving of intoxicating beverages. This article
is written to prevent drunken disorderly conduct and to protect the community
from increased sexual misconduct that could arise. It is also the purpose
of this article to curb the use of sexual conduct and nudity as a promotional
tool for businesses serving food and drink.
As used in this article, the following terms shall have the meanings
indicated:
CABARET
Any place where food and/or any type of alcoholic beverage is sold
or given away on the premises and where the operator or owner thereof holds
a yearly license from the state to sell alcoholic beverages by the glass and
where the patrons are provided with entertainment or space for dancing.
NUDITY
Uncovered or less than opaquely covered postpubertal human genitals,
pubic areas, the postpubertal human female breast below a point immediately
above the top of the areola, the human male or female buttocks or the covered
human male genitals in a discernibly turgid state. The female breast is considered
uncovered if the nipple only or the nipple and the areola only are covered.
OPERATOR
Any person licensed by the Michigan State Liquor Control Commission,
or such person's agent or employee operating any cabaret.
PERSONS
Any person, copartnership, firm, corporation, society, club, association
or other organization which engages in, sponsors or conducts the operation
of any cabaret.
It shall be a violation of this article for an cabaret owner or operator
to do any of the following:
A. Allow nudity as defined by this article, such as but
not limited to topless or bottomless or totally nude waitresses, bartenders
or barmaids, entertainers (including dancers), impersonators or any form of
attraction or entertainment on the cabaret premises.
B. Allow the showing, placing, posting, exposing, exhibition
or otherwise displaying of materials containing nudity, as defined by this
article, on the cabaret premises.
Violation of this article shall be cause to initiate proceedings for
nonrenewal or revocation of the violator's liquor license.
Any person found in violation of this article shall be punished as provided in Chapter
1, General Provisions, Article
I.