As used in this chapter, the following terms shall have the meanings
indicated:
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 devices 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 (as defined herein), 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:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, 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 reproduction;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
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 (as defined herein)
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.
ADULT PHYSICAL CULTURE ESTABLISHMENT
Any establishment, club, or business by whatever name designated,
which offers or advertises or is equipped or arranged so as to provide as
part of its services, massages, body rubs, alcohol rubs, physical stimulation,
baths, or other treatment by any person. The following uses shall not be included
within the definition of an adult physical culture establishment:
A.
Establishments which routinely provide such services by a licensed physician,
a licensed chiropractor, a licensed osteopath, a licensed physical therapist,
a licensed practical nurse, or any other similarly licensed medical professional;
B.
Electrolysis treatment by a licensed operator of electrolysis equipment;
C.
Continuing instruction in marshal or performing arts or in organized
athletic activities;
D.
Hospitals, nursing homes, medical clinics, or medical offices; and
E.
Barber shops or beauty parlors and/or salons which offer massages to
the scalp, the face, the neck or shoulders only.
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. Employee does not include a person exclusively
on the premise 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:
A.
The opening or commencement of any sexually oriented business as a new
business;
B.
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C.
The additions of any sexually oriented business to any other existing
sexually oriented business; or
D.
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 seminude, 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. A nude model
studio shall not include a proprietary school licensed by the State of Michigan
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:
A.
That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or seminude person is available for viewing;
and
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 or seminude 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. Nudity or a state of nudity does not include the following:
A.
A woman's breastfeeding of a baby whether or not the nipple or
areola is exposed during or incidental to the feeding.
B.
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.
C.
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.
PERSON
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
SEMINUDE or in a SEMINUDE 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 the areola is not exposed in whole or in
part. Seminudity or a state of seminude condition does not include the following:
A.
A woman's breastfeeding of a baby whether or not the nipple or
areola is exposed during or incidental to the feeding.
B.
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.
C.
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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
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 seminude.
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, adult physical culture establishment, escort agency,
nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Portions of the human body defined as follows:
A.
Less than completely and opaquely covered human genitals, pubic region,
buttocks, or female breast below a point immediately above the top of the
areola; and
B.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
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 above
under the criminal or penal code of other states or countries; for which:
(1)
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;
(2)
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
(3)
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.
B.
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:
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse, or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breast.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
C.
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.
Sexually oriented businesses are classified as follows:
B. Adult bookstores, adult novelty stores, or adult video
stores;
E. Adult motion-picture theaters or adult live stage performing
theaters;
F. Adult physical culture establishment;
I. Sexual encounter centers.
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:
A. Violated or is not in compliance with any section of
this chapter; or
B. Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter.
A licensee shall not transfer his/her 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.
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.
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 am. on weekdays and
Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
It is a defense to prosecution under §
143-17 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of Michigan
or a college, junior college, or university supported entirely or partly by
taxation;
B. 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
C. In a structure:
(1) Which has no sign visible from the exterior of the structure
and no other advertising that indicates a 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 model is on the premises
at any one time.
Any person, corporation, partnership or any other legal entity who violates
the provisions of this chapter shall be guilty of a misdemeanor and may be
fined not more than $500 and/or imprisoned for not more than 90 days, or both,
in the discretion of the Court.