As used in this chapter, the following terms shall have
the indicated meanings:
ADULT ARCADE or MINI MOTION-PICTURE THEATER
Any place to which the public is permitted or invited which contains
adult booths as defined herein and wherein coin operated or slug operated,
or electronically, electrically or mechanically controlled still or motion-picture
machines, projectors or other image-producing devices are regularly maintained
to show images to patrons and where the images regularly displayed are distinguished
or characterized by their emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas" (as defined
herein).
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE
A commercial establishment which has significant or substantial portion
of its inventory, or derives a significant or substantial portion of its revenues,
or devotes a significant or substantial portion of its interior or exterior
advertising, or maintains a substantial section of its sales or display space
to the promotion and sale or rental, for any form of consideration, of any
one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion-pictures, video cassettes, compact discs, slides, or other visual
representations which are characterized by their emphasis upon the display
or description of specified sexual activities or specified anatomical areas;
(2)
Noncontraceptive instruments, devices, or paraphernalia which are designed
for use in connection with specified sexual activities or marketed primarily
for stimulation of human genital organs or for persons' sadomasochistic use
or abuse of themselves or others.
ADULT BOOTH
A partitioned area of less than 100 square feet inside an adult regulated
use which is:
(1)
Designed or regularly used for the viewing of books, magazines, periodicals,
or other printed matter, photographs, films, motion-pictures, video cassettes,
slides, or other visual representations, recordings, and novelties or devices
which are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical
areas by one or more persons; and
(2)
Is accessible to any person, regardless of whether a fee is charged
for access. "Adult booth" does not include a foyer through which any person
can enter or exit the establishment, or a rest room.
ADULT CABARET
A nightclub, cafe, restaurant, lounge, bar or similar establishment,
(which may or may not include the service of food or beverages), which regularly
features persons who appear seminude.
ADULT MODEL STUDIO
Any place where a person who displays specified anatomical areas
is regularly provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by other persons who pay money or any form
of consideration. Such an establishment includes, but is not limited to, the
following activities and services: modeling studios, body painting studios,
wrestling studios, individual theatrical performance or dance performances,
barber shops or hair salons, car washes, and/or convenience stores. An adult
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:
(1)
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
(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 or seminude model is on the premise at any
one time.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration; and
(2)
Provides patrons with closed circuit television transmissions, films,
motion-pictures, video cassettes, slides, or other photographic reproductions
which are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical
areas; and
(3)
Has a sign visible from the public right-of-way which:
(a)
Advertises the availability of this adult-type of photographic reproductions;
or
(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
A commercial establishment where, for any form of consideration,
films, motion-pictures, videos, slides, or other photographic reproductions
are regularly shown in which a substantial portion of the total presentation
is devoted to the showing of material which are distinguished or characterized
by their emphasis on the depiction, description, or relation to specified
sexual activities or specified anatomical areas for observation or entertainment
of patrons, guests, and/or members.
ADULT OUTDOOR MOTION-PICTURE THEATER
A commercial establishment having an open lot or part thereof with
appurtenant facilities devoted primarily to the presentation of motion-pictures,
films, theatrical productions, and other forms of visual productions for any
form of consideration to persons in motor vehicles or in outdoor seats, and
regularly presenting material distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified anatomical areas for observation or entertainment of patrons,
guests, and/or members.
ADULT PERSONAL SERVICE BUSINESS
A commercial business having as a principal activity a person, while
nude or partially nude, providing personal services for another person on
an individual basis. Such a business includes, but is not limited to, the
following activities and services: Modeling studios, body painting studios,
wrestling studios, individual theatrical performances or dance performances,
barber shops or hair salons, car washes, convenience stores or other commercial
business establishments where food or goods and services are sold, and tattoo
parlors where services are being performed by a person who is nude or partially
nude. "Nude" or "partially nude" is defined as having attire which reveals
specified anatomical areas as defined in this section.
ADULT PHYSICAL CULTURE BUSINESS
Any commercial establishment, club, or business by whatever name
designated, which regularly offers or advertises or is equipped or arranged
to provide massages, body rubs, alcohol rubs, physical stimulation, baths,
or other similar treatment by any person. An adult physical cultural business
may include, but is not limited to, establishments commonly known as massage
parlors, health spas, sauna baths, Turkish bathhouses, and steam baths.
ADULT REGULATED USE
Adult physical culture business; adult bookstore, adult novelty store;
adult video store, adult theater; adult cabaret; adult motion-picture theater,
adult outdoor motion-picture theater; adult arcade or mini motion-picture
theater, adult motel, adult booth, or adult personal service business.
ADULT THEATER
A commercial establishment which is a theater, concert hall, auditorium,
or similar commercial establishment, either indoor or outdoor in nature, which,
for any form of consideration, regularly features live performances which
are distinguished or characterized by their emphasis on specified sexual activities
or by exposure of specified anatomical areas for observation by guests, patrons,
and/or members. An adult theater does not include a theater, concert hall,
auditorium, or similar establishment which, for any fee or consideration,
regularly features live performances which are not distinguished or characterized
by their emphasis on the depiction or description of specified sexual activities
or specified anatomical areas in that any such depiction or description is
only incidental to the primary purpose of the performance. An adult theater
does 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, or 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.
COMMERCIAL ESTABLISHMENT
Any business, location, or place which conducts or allows to be conducted
on its premises any activity for commercial gain.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON
The dominant or principal theme of the object so described. For example,
"films which are distinguished or characterized by an emphasis upon the exhibition
or description of specified sexually activities or specified anatomical areas,"
the films so described are those whose dominant or principal character and
theme are the exhibition or description of specified anatomical areas or specified
sexual activities.
EMPLOYEE
A person who performs any service for any consideration on the premises
of an adult regulated use 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 adult regulated use. "Employee" does
not include a person exclusively on the premises for repair or maintenance
of the premises or equipment on the premises or for the delivery of goods
to the premises.
ESTABLISHMENT
The site or premises on which an adult regulated use is located,
including the interior of the establishment or portions thereof, upon which
certain activities or operations are being conducted for commercial gain.
NUDITY or STATE OF NUDITY
The knowing or intentional live display of a human genital organ
or anus with less than a fully opaque covering or a female individual's breast
with less than a fully opaque covering of the nipple and areola. Nudity, as
used in this chapter, does not include a woman's breastfeeding of a baby whether
or not the nipple or areola is exposed during or incidental to the feeding.
OPERATOR
An owner, manager, or other person who exercises control over the
premises or operation of an adult regulated use.
REGULARLY
In the context of "regularly features," "regularly shown" or similar
contexts in this chapter, means a consistent or substantial course of conduct,
such that the films or performances exhibited constitute a substantial portion
of the films or performances offered as a part of the ongoing business of
the sexually oriented business.
SEMINUDE or STATE OF SEMINUDITY
A state of dress in which opaque covering covers no more than the
genitals or anus and nipple and areola of the female breast, as well as portions
of the body covered by supporting straps or devices. This definition 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 that the areola and nipple are not exposed in whole or in part.
SPECIFIED ANATOMICAL AREAS
Portions of the human body defined as follows:
(1)
Less than completely and opaquely covered human genitals, pubic region,
buttocks, or the nipple and areola of the female breast;
(2)
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
The explicit act or display of one or more of the following:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse, or sodomy;
(3)
Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breast.