[HISTORY: Adopted by the Board of Trustees of the Charter Township
of Northville 3-28-2002. Amendments noted where applicable.]
A.
Purpose. It is the purpose of this chapter to regulate
sexually oriented businesses in order to promote the health, safety, morals,
and general welfare of the citizens of the Township, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Township. The provisions of this
chapter 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 ordinance 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 chapter to condone or legitimize the distribution
of obscene material.
B.
Findings. Based on evidence concerning the adverse secondary
effects of adult uses on the community presented in hearings and in reports
made available to the Township Board, and on findings incorporated in the
cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young
v. American Mini Theatres, 426 U.S. 50(1976); and Barnes v. Glen Theatre,
Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986);
California v. LaRue, 409 U.S. 109 (1972); Iacobucci v. City of Newport, Ky,
479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS,
Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap
County, 793 F. 2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington,
65 F.3d 1248 (5th Cir. 1995); and South Florida Free Beaches, Inc. v. City
of Miami, 734 F.2d 608 (11th Cir. 1984), as well as studies conducted in other
cities including, but not limited to Phoenix, Arizona; Minneapolis, Minnesota;
Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California;
Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington;
Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings
reported in the Final Report of the Attorney General's Commission on
Pornography (1986), the Report of the Attorney General's Working Group
On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of
Minnesota), and statistics obtained from the U. S. Department of Health and
Human Services, Centers for Disease Control and Prevention, the Township Board
finds that:
(1)
Sexually oriented businesses lend themselves to ancillary
unlawful and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to make owners
of these establishments responsible for the activities that occur on their
premises.
(2)
Crime statistics show that all types of crimes, especially
sex-related crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located. See, e.g., studies of the cities of Phoenix,
Arizona; Indianapolis, Indiana; and Austin, Texas.
(3)
Sexual acts, including masturbation, and oral and anal
sex, occur at sexually oriented businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos, or live
sex shows. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972); see also
Final Report of the Attorney General's Commission on Pornography (1986)
at 377.
(4)
Offering and providing such booths and/or cubicles encourages
such activities, which creates unhealthy conditions. See, e.g., Final Report
of the Attorney General's Commission on Pornography (1986) at 376-77.
(5)
Persons frequent certain adult theaters, adult arcades,
and other sexually oriented businesses, for the purpose of engaging in sex
within the premises of such sexually oriented businesses. See, e.g., Arcara
v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also Final Report of the
Attorney General's Commission on Pornography (1986) at 376-77.
(6)
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes,
hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections.
See, e.g., study of Fort Meyers, Florida.
(7)
For the period of 1985 through 1995, the total number
of reported cases of AIDS in the United States caused by the immunodeficiency
virus (HIV) was 523,056. See, e.g., statistics of the U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention.
(8)
Since 1981 and to the present, there has been an increasing
cumulative number of persons testing positive for HIV antibody test in State
of Michigan.
(9)
The total number of cases of early (less than one year)
syphilis in the United States reported during the ten-year period 1985 through
1995 was 367,796. See, e.g., statistics of the U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention.
(10)
The number of cases of gonorrhea in the United States
reported annually remains at a high level, with a total of 1,250,581 cases
reported during the period 1993 through 1995. See, e.g., statistics of the
U.S. Department of Health and Human Services, Centers for Disease Control
and Prevention..
(11)
The Surgeon General of the United States in his report
of October 22, 1986, advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug use, exposure
to infected blood and blood components, and from an infected mother to her
newborn.
(12)
According to the best scientific evidence available,
AIDS and HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts. See, e.g., findings of the U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention.
(13)
Sanitary conditions in some sexually oriented businesses
are unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities and the
failure of the owners and the operators of the facilities to self-regulate
those activities and maintain those facilities. See, e.g., Final Report of
the Attorney General's Commission on Pornography (1986) at 377.
(14)
Numerous studies and reports have determined that bodily
fluids, including semen and urine, are found in the areas of sexually oriented
businesses where persons view adult-oriented films. See, e.g., Final Report
of the Attorney General's Commission on Pornography (1986) at 377.
(15)
Nude dancing in adult establishments encourages prostitution,
increases sexual assaults, and attracts other criminal activity. See, e.g.,
Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991).
(16)
Nude dancing in adult establishments increases the likelihood
of drug dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d
1053, 1056 (9th Cir. 1986).
(17)
The findings noted in paragraphs numbered (1) through
(16) raise substantial governmental concerns.
(18)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(19)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure will
place a heretofore nonexistent incentive on the operators to see that the
sexually oriented business is run in a manner consistent with the health,
safety, and welfare of its patrons and employees, as well as the citizens
of the city. It is appropriate to require reasonable assurances that the licensee
is the actual operator of the sexually oriented business, fully in possession
and control of the premises and activities occurring therein.
(20)
Removal of doors on adult booths and requiring sufficient
lighting on the premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring in
adult establishments.
(21)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of the
sexually oriented business, where such information is substantially related
to the significant governmental interest in the operation of such uses, will
aid in preventing the spread of sexually transmitted diseases and criminal
activity.
(22)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain employees
who may engage in the conduct this chapter is designed to prevent or who are
likely to be witnesses to such activity.
(23)
The fact that an applicant for a sexually oriented business
license has been convicted of a sex-related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention to this chapter.
(24)
The barring of such individuals from operation or employment
in sexually oriented businesses for a period of 10 years for a previous felony
conviction serves as a deterrent to and prevents conduct which leads to the
transmission of sexually transmitted diseases.
(25)
The general welfare, health, morals, and safety of the
citizens of this Township will be promoted by the enactment of chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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,
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;
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 (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.
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:
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;
Electrolysis treatment by a licensed operator of electrolysis equipment;
Continuing instruction in marshal or performing arts or in organized
athletic activities;
Hospitals, nursing homes, medical clinics, or medical offices; and
Barber shops or beauty parlors and/or salons which offer massages to
the scalp, the face, the neck or shoulders only.
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.
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 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:
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
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 seminude 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. 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.
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.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
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 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.
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.
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, adult physical culture establishment, escort agency,
nude model studio, or sexual encounter center.
Portions of the human body defined as follows:
Any of the following offenses:
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:
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 date this chapter takes effect.
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.
Sexually oriented businesses are classified as follows:
A.
Adult arcades;
B.
Adult bookstores, adult novelty stores, or adult video
stores;
C.
Adult cabarets;
D.
Adult motels;
E.
Adult motion-picture theaters or adult live stage performing
theaters;
F.
Adult physical culture establishment;
G.
Escort agencies;
H.
Nude model studios; and
I.
Sexual encounter centers.
A.
It is unlawful.
(1)
For any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the Township
pursuant to this chapter.
(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 Township pursuant to this
chapter.
(3)
For any person to obtain employment with a sexually oriented
business without having secured a sexually oriented business employee license
pursuant to this chapter.
B.
An application for a license must be made on a form provided
by the Township.
C.
All applicants must be qualified according to the provisions
of this chapter. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the Township to determine
whether the applicant meets the qualifications established in this chapter.
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, and
each such applicant must provide all of the information required under the
following section. Each applicant must be qualified under the following section
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/her legal
name and any aliases and submit proof that he/she 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)
The name under which the establishment is to be operated
and a description of the services to be provided. If the applicant intends
to operate the sexually oriented business under a name other than that of
the applicant, he or she 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, or is awaiting trial on pending charges, of
a specific criminal activity as defined in this chapter, 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 chapter 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 chapter 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 chapter 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(s), if any.
(8)
The applicant's mailing address and residential
address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's license number, social
security number, and/or his/her 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 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 and 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, videoscassettes, other video reproductions, or live entertainment which depict specified sexually activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 143-14.
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 Township 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 and 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 above, 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 this or any other county, municipality, or state, a sexually oriented business,
or 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, 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,
or is awaiting trial on pending charges, of a specified criminal activity
as defined in this chapter and, if so, the specified criminal activity involved,
the date, place and jurisdiction of each.
A.
Upon the filing of said application for a sexually oriented
business employee license, the Township shall issue a temporary license to
said applicant. The application shall then be referred to the appropriate
Township 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 Township 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 as defined in this chapter;
(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 chapter;
or
(5)
The applicant has had a sexually oriented business employee license revoked by the Township 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 § 143-10.
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 Township that the applicant has not been convicted of any specified criminal activity as defined in this chapter 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 § 143-6.
C.
Within 45 days after receipt of a completed sexually
oriented business application, the Township shall approve or deny the issuance
of a license to an applicant. The Township 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 the applicant is residing
is overdue in payment to the Township of taxes, fees, fines, or penalties
assessed against or imposed upon him/her 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 Township 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 as defined in this chapter.
(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 chapter 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 chapter.
D.
The license, if granted shall state on its face the name of the person or persons 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 § 143-3. 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 Township.
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. These fees
are used to help offset the costs associated with processing and awarding
these licenses. The fee shall be $1,200, and may be changed by resolution
of the Township Board of Trustees.
B.
In addition to the application and investigation fee
required above, every sexually oriented business that is granted a license
(new or renewal) shall pay to the Township an annual nonrefundable license
fee within 30 days of license issuance or renewal. The license fee shall be
$150, unless modified by resolution of the Township Board of Trustees.
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 $150, unless modified by
resolution of the Township Board of Trustees.
D.
All license applications and fees shall be submitted
to the Clerk of the Township.
A.
An applicant or licensee shall permit representatives
of the Police Department, Health Department, Fire Department, Zoning Department,
or other Township departments or agents to inspect the premises of a sexually
oriented business for the purpose of insuring compliance with the law, at
any time 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.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 143-4. 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 Township 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 Township 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
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.
The Township shall revoke a license if a cause of suspension in § 143-9 occurs and the license has been previously suspended within the preceding 12 months.
B.
The Township 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 municipality,
county, or state for any taxes or fees past due.
C.
When the Township 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 Township 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.
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.
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 as that term is defined in this chapter.
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.
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 depict 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 Township 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 Township.
(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 rest rooms. Rest rooms 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) 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 above 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 board
or other porous material shall be used within 48 inches of the floor.
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 seminude 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 was in a rest room 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.
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 seminude condition
unless the person is an employee who, while seminude, 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 seminude
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 seminude in a sexually oriented business.
D.
It shall be a misdemeanor for an employee, while seminude,
to touch a customer or the clothing of a customer.
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.
