CHAPTER 111:  SEXUALLY ORIENTED BUSINESSES

§ 111.01	PURPOSE AND INTENT.
		It is the purpose of this chapter to regulate sexually oriented 
		businesses and related activities to promote the health, safely and 
		general welfare of the citizens of the city, and to establish 
		reasonable and uniform regulations to prevent the deleterious location 
		and concentration of sexually oriented businesses within the city. The 
		provisions of the chapter do not have the purpose of imposing a 
		limitation or restriction on the content or any communicative material, 
		including sexually oriented materials. Similarly, it is not the intent 
		of this chapter to restrict or deny access by adults to sexually 
		oriented materials protected by the First Amendment of the United 
		States Constitution, or to deny access by the distributors and 
		exhibitors of sexually oriented entertainment to their intended market. 
		Neither is it the intent of this chapter to condone or legitimize the 
		distribution of obscene materials.
(Ord. 169, passed 5-18-98)

§ 111.02	DEFINITIONS.
		For the purpose of this chapter, the following definitions shall apply 
		unless the context clearly indicates or requires a different meaning.

	ADULT ENTERTAINMENT USES.  Any uses of land, whether vacant or combined with 
	structures or vehicles thereon by which said property is devoted to displaying 
	or exhibiting material for entertainment, a significant portion of which 
	includes matter or actions depicting, describing or presenting SPECIFIED SEXUAL 
	ACTIVITIES or SPECIFIED ANATOMICAL AREAS.  or purposes of this definition, the 
	term significant, as used above and as following, shall be defined as greater 
	than 20% of the total material displayed or exhibited for sale or entertainment 
	purposes. Adult entertainment uses shall include, but are not limited to the 
	following.

		(1)	ADULT MOTION PICTURE THEATER. An enclosed building with a 
			capacity of 50 or more persons used for presenting material 
			which has a significant portion of any motion picture or other 
			display depicting SPECIFIED SEXUAL ACTIVITIES or SPECIFIED 
			ANATOMICAL AREAS for observation by patrons therein.

		(2)	ADULT MINI-MOTION PICTURE THEATER. An enclosed building 
			with a capacity for less than (50 persons used for presenting
			material which has a significant portion of any motion picture
			or other display depicting, describing, or presenting SPECIFIED
			SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for 
			observation by patrons therein.

		(3)	ADULT MOTION PICTURE ARCADE. Any place in which the public
			is permitted or invited wherein coin or slug-operated or 
			electronically or mechanically controlled still or motion 
			picture machines, projectors, or other image-producing devices 
			are maintained to show images to five or fewer persons per 
			machine at any one time, and where a significant portion of 
			images so displayed depict, describe, or relate to SPECIFIED 
			SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.

		(4)	ADULT BOOK STORE. A use which has a display containing 
			books, magazines, periodicals, slides, pictures, videos, 
			cassettes, or other printed or recorded material which has a 
			significant portion of its content or exhibit matter or 
			actions depicting, describing, or relating to SPECIFIED SEXUAL
			ACTIVITIES or SPECIFIED ANATOMICAL AREAS or 
			an establishment with a significant segment or section devoted
			to the sale or display of such material.

		(5)	ADULT CABARET. A nightclub, theater, or other establishment 
			which features live performances by topless and/or bottomless 
			dancers, "go-go" dancers, exotic dancers, strippers, or similar 
			entertainers, where performances show,, depict, or describe 
			SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL
			AREAS.

		(6)	ADULT MOTEL. A motel wherein matter, actions or other displays 
			are presented which contain a significant portion depicting, 
			describing, or relating to SPECIFIED SEXUAL ACTIVITIES or
			SPECIFIED ANATOMICAL AREAS.

		(7)	ADULT MASSAGE PARLOR. Any place where for any form of 
			consideration or gratuity, massage, alcohol rub, administration 
			of fomentations, electric or magnetic treatment or any other 
			treatment of any person providing such treatment, manipulation 
			or service related thereto exposes SPECIFIED ANATOMICAL
			AREAS. This definition shall not include services provided by a 
			licensed medical doctor, osteopathic physician, chiropractor 
			licensed by the State of Michigan as a medical professional, or 
			similarly licensed professional providing message therapy as 
			part of a bonafide health procedure.

		(8)	ADULT MODEL STUDIO. Any place where, for any form of 
			consideration or gratuity, figure models who display SPECIFIED 
			ANATOMICAL AREAS are provided to be observed or sketched.
			This definition shall not include an accredited state-licensed
			public or private educational institution offering art 
			instruction which may involve the full exposure of the human 
			body for purposes of sketching or photography as part of a 
			bonafide course.

		(9)	ADULT SEXUAL ENCOUNTER CENTER. Any business, agency,
			or person who, for any form of consideration or gratuity, 
			provides a place where three or more persons, not all members 
			of the same family, may congregate, assemble, or associate for
			the purpose of engaging in SPECIFIED SEXUAL ACTIVITIES or
			exposing SPECIFIED ANATOMICAL AREAS.

		(10)	ADULT ENTERTAINMENT ESTABLISHMENT. Any establishment
			in which the uses defined in subsections (1) through (9)
			are carried on.

	NUDITY OR STATE OF NUDITY. The appearance of a human bare buttock, anus, male 
	genitals, female genitals, or female breast without a fully opaque complete 
	covering of the breast below a point immediately above the top of the areola, 
	or human male genitals in a discernible turgid state even if completely and 
	opaquely covered.

	PERMITTEE. A person in whose name a permit to operate a sexually oriented 
	business has been issued as well as the individual listed as an applicant on 
	the application form.

	PERMIT. A special use permit for the operation of a sexually oriented business 
	as issued pursuant to this sexually oriented business ordinance.

	PERSON. An individual, proprietorship, partnership, limited liability company, 
	corporation, association, or legal entity.

	SPECIFIED ANATOMICAL AREAS This term includes the following.

		(1)	Less than completely and opaquely covered human genitals,
			pubic regions, buttocks and female breasts below a point 
			immediately above the top of the areola;

		(2)	Human male genitals in discernibly turgid state, even if 
			completely and opaquely covered.

	SPECIFIED SEXUAL ACTIVITIES. This term includes the following.

		(1)	Acts of human masturbation, sexual intercourse, or sodomy.
	
		(2)	Fondling or other erotic touching of human genitals, pubic 
			regions, buttocks or female breasts.

		(3)	Human genitals in a state of sexual simulation or arousal.

	SEXUALLY ORIENTED BUSINESS. An adult bookstore or adult video store, adult 
	motion picture theater, adult mini-theater, or adult entertainment 
	establishment.

	TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS. 
	This term means and includes any of the following:

		(1)	The sale, lease, or sublease of the business.

		(2)	The transfer of securities which constitute a controlling 
			interest in the business, whether by sale, exchange, or similar 
			means.

		(3)	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.
(Ord. 169, passed 5-18-98)

§ 111.03	PERMIT AND/OR LICENSE REQUIRED.
		It shall be unlawful for a person to operate a sexually oriented 
		business without a valid permit issued by the Building Inspector and 
		Zoning Administrator.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99

§ 111.04	APPLICATION REQUIREMENTS; LICENSE FEES.
	(A)	An application for a permit must be made on a form provided by the 
		city. The application must be accompanied by a sketch or diagram 
		showing the configuration of the premises, including a statement of 
		square footage of total floor space occupied by the business. The 
		sketch or diagram need not be professionally prepared but 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.

	(B)	Applications for permit shall be made and delivered to the Building 
		Inspector and Zoning Administrator by the intended operator of the 
		establishment. The intended operator shall be required to give the 
		following information on the application form.

		(1)	The name and street address (and mailing address, if different) 
			and driver's license number of the intended operator if he or 
			she has such a driver's license and the name and street address 
			(and mailing address, if different) of the owner(s), if 
			different.

		(2)	The name under which the establishment is to be operated and 
			general description of the services to be provided.

		(3)	The telephone number of the establishment or, if unavailable, 
			the operator's.

		(4)	The address, and legal description, of the tract of land on 
			which the establishment is to be located.

	(C)	The fact that a person possesses other types of state or county permits 
		and/or licenses does not exempt him from the requirement of obtaining a 
		sexually oriented business permit form the city.

	(D)	The application shall be accompanied by the following.

		(1)	Payment of the application fee in full based on the following 
			schedule:

			Adult Entertainment Business License Fee  $250 annually

			Adult Entertainment Manager License Fee	  $100

			Adult Entertainment License Fee		  $100 annually

			Adult Entertainment Server License Fee	  $50 annually

		(2)	Proof of current fee ownership of the tract of land on which 
			the establishment is to be situated in the form of a copy of 
			the recorded deed, land contract, or other instrument of 
			conveyances;

		(3)	If the persons identified as the fee owner(s) of the tract of 
			land in division (D)(2) of this section are not also the owners 
			of the establishment, then the lease, purchase contract, 
			purchase option contract, lease option contract or other 
			document(s) evidencing the legally enforceable right of the 
			ownership or proposed owners of the establishment to have or 
			obtain the use and possession of the tract or portion thereof 
			that is to be used for the establishment for the purpose of the 
			operation of the establishment.

	(E)	The application shall contain a statement under oath of the following.

		(1)	The applicant has personal knowledge of the information 
			contained in the application and that the information contained 
			therein and furnished therewith is true and correct.

		(2)	The applicant has read the provisions of this chapter.
(Ord. 169, passed 5-18-98)

§ 111.05	CONDITIONS FOR APPROVAL OF PERMIT.
	(A)	The Building Inspector and Zoning Administrator shall approve the 
		issuance of a permit to an applicant within 30 days after receipt of an 
		application unless he finds one or more of the following to be true.

		(1)	An applicant is under 18 years of age.

		(2)	An applicant is overdue in his payment of taxes, fines or 
			penalties assessed against applicant or imposed upon applicant 
			in relation to a sexually oriented business.

		(3)	An applicant has failed to provide information reasonably 
			necessary for issuance of the permit or has falsely answered a 
			question or request for information on the application form.

		(4)	An applicant who has been denied a permit by the city 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)	The premises to be used for the sexually oriented business have 
			not been approved by the Health Department for the use 
			intended, if applicable, or any occupancy permit has been 
			issued by the City Building Inspector.

		(6)	The permit fee required by this chapter has not been paid.


		(7)	An application for the proposal establishment is in violation 
			of or is not in compliance with any of the provisions of this 
			chapter.

		(8)	An applicant has been convicted of any of the following 
			criminal offenses in any jurisdiction.

			(a)	Prostitution, procuring or soliciting a prostitute.

			(b)	Sale, distribution or display of obscene material.

			(c)	Soliciting, procuring or aiding and abetting an 
				unlawful sexual performance by a minor.

			(d)	Possession, sale or distribution of child pornography.

			(e)	Public lewdness.

			(f)	Indecent conduct with a child.

			(g)	Sexual assault or rape.

			(h)	Incest.

			(i)	Sexual solicitation of a child.

	(B)	The applicant shall certify, as part of the application, that applicant 
		has not been convicted of any one or more of the foregoing criminal 
		offenses.
(Ord. 169, passed 5-18-98)

§ 111.06	ISSUANCE OF PERMIT; NOTICE OF DENIAL; FALSE INFORMATION.
	(A)	The permit, if granted, shall state on its face the name of the person 
		or persons to whom it is granted, and the address of the sexually 
		oriented business so that it may be easily read at anytime.

	(B)	In the event that the Building Inspector and Zoning Administrator 
		determine that an applicant is not eligible for a permit, the applicant 
		shall be given notice in writing of the reasons for the denial within 
		30 days of the receipt of its application by the Building Inspector and 
		Zoning Administrator, provided that the applicant may request, in 
		writing, that such period be extended for an additional period of not 
		more than ten days at any time before the notice is issued in order to 
		make modifications necessary to comply with this chapter.

	(C)	The Building Inspector and Zoning Administrator may also take all steps 
		necessary to revoke a permit if he determines that a permittee gave 
		false information in the material submitted during the application 
		process.
(Ord. 169, passed 5-18-98)

§ 111.07	INSPECTION.
		An applicant or permittee shall allow the City Building Inspector and 
		Zoning Administrator or City Law Enforcement Officer to inspect the 
		premises of a sexually oriented business for the purpose of insuring 
		compliance with the law at any time it is occupied or open for 
		business.
(Ord. 169, passed 5-18-98)

§ 111.08	ACTION TO REVOKE PERMIT.
		The Building Inspector and Zoning Administrator may take enforcement 
		action, including the revocation of a permit, if any of the following 
		occurs.

	(A)	A permittee gave false or materially misleading information in the 
		application process.

	(B)	A permittee has been convicted of using and/or allowing the use of 
		controlled substances within the establishment.

	(C)	A permittee has been convicted of prostitution or other activity 
		fostering, promoting or otherwise facilitating prostitution, within the 
		establishment or elsewhere.

	(D)	A permittee or employee of the sexually oriented business has been 
		convicted of any crime of sexual nature or involving sexual conduct or 
		the solicitation thereof within the establishment or elsewhere.

	(E)	A permittee has been convicted of knowingly allowing a person under 18 
		years of age to enter the establishment.

	(F)	There has been a transfer of ownership or control of an establishment 
		without the prior consent of the Building Inspector and Zoning 
		Administrator, as required herein.

	(G)	A permittee has violated the terms of this chapter.
(Ord. 169, passed 5-18-98)

§ 111.09	TRANSFER OF PERMIT.
		A permittee shall not transfer his permit to another, nor shall a 
		permittee operate a sexually oriented business under the authority of 
		permit at any place other than the address designated in the 
		application. Permittee must complete application.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99

§ 111.10	LOCATION RESTRICTIONS.
	(A)	A sexually oriented business may not be operated within 500 feet of the 
		following.

		(1)	A church, synagogue or regular place of worship.

		(2)	A public or private elementary or secondary school.

		(3)	A boundary of any residential structure within or without a 
			zoned area.

		(4)	A public park.

		(5)	A licensed day-care enter.

		(6)	Another sexually oriented business.

	(B)	A sexually oriented business may not be operated in the same building, 
		structure, or portion thereof, containing another sexually oriented 
		business.

	(C)	For the purpose of this chapter, measurement shall be made in a 
		straight line, without regard to intervening structure or objects, from 
		the nearest portion of the building or structure used as a part of the 
		premises where a sexually oriented business is conducted to the nearest 
		property line of the premises of a church, synagogue, regular place of 
		worship, or public or private elementary or secondary school, or to the 
		nearest boundary of an affected public park, residential district, or 
		residential lot, and licensed day-care center.

	(D)	For the purposes of Division (C) of this section, the distance between 
		any two sexually oriented business uses shall be made from the closest 
		exterior wall of the structure in which each business is located.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99

§ 111.11	REGULATIONS PERTAINING TO ADULT ENTERTAINMENT.
		A person who operates or causes to be operated an adult entertainment 
		establishment which presents live entertainment for the enjoyment of an 
		audience which has paid or promised to pay an admission fee and which 
		depicts specified sexual activities or displays specified anatomical 
		areas, shall comply with the following requirements.

	(A)	Upon application for a sexually oriented business permit, 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 (indicating the type 
		of illumination intensity of each such fixture) and designating any 
		portion of the premises in which patrons will not be permitted. A 
		manager's station may not exceed 30 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.

	(B)	The application shall be sworn to be true and correct by the applicant.

	(C)	No alteration in the configuration of the location of a manager's 
		station may be made without the prior approval of the City Building 
		Inspector and Zoning Administrator.

	(D)	It is the duty of the owners and operator of the premises to ensure 
		that at least one employee is on duty and situated in each manager's 
		station at all times that any patron is present inside the premises.

	(E)	The interior of the premises shall be configured in such a manner that 
		there is an unobstructed view of a manager's station and of every area 
		of the premises to which any patron is permitted access for any purpose 
		excluding restrooms. Restrooms 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 
		division (E) must be direct line of sight from the manager's station.

	(F)	It shall be the duty of the owners and operator, and it shall also be 
		the duty of any agents and employees present in the premises to ensure 
		that the view area specified in division (E) remains unobstructed by 
		any doors, walls, merchandise, display racks or other materials at all 
		times and 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 division (A) of 
		this section. The manager would have to be in full view of the 
		operation of the business.

	(G)	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 one (1.0) foot 
		candle as measured at the floor level.

	(H)	It shall be the duty of the owners and operator and it shall also be 
		the duty of any agents and employees present in the premises to ensure 
		that the illumination described above is maintained at all times if any 
		patron is present in the premises.

	(I)	All off-street parking requirements must be in compliance with the city 
		zoning ordinance; including that all areas of the off-street parking 
		provided for the sexually oriented business patrons must be fully 
		lighted.

	(J)	All aspects of the city zoning ordinance that are applicable for the 
		construction of all structures associated with the sexually oriented 
		business must be satisfactorily addressed and in compliance with all 
		zoning regulations that are applicable.

	(K)	Operational hours for the sexually oriented business are permitted 
		between the hours of l 10:00 a.m. to 10:00 p.m. and it is prohibited 
		for the operation of the sexually oriented business at any other times 
		not within the above-stated times.

	(L)	The sexually oriented business must comply with the terms of the city 
		zoning ordinance.

	(M) 	The premises shall meet all barrier free requirements and building code 
		requirements imposed by the State of Michigan.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99

§ 111.12	EXTERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES.
	(A)	It shall be unlawful for any owner or operator of a sexually oriented 
		business to allow the merchandise or activities of the establishment to 
		be visible from a point outside the establishment.

	(B)	It shall be unlawful for the owner or operator of a sexually oriented 
		business to allow the exterior portion of the sexually oriented 
		business to have any words, lettering, photographs, silhouettes, 
		drawings, or pictorial representations of a sexual or explicit manner, 
		except to the extent otherwise permitted by the provisions of this 
		chapter.

	(C)	Signs shall contain no photographs, silhouettes, drawings or pictorial 
		representations of any manner, and contain only the name of the 
		enterprise.

	(D)	All signage must be in compliance with the city zoning ordinance.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99

§ 111.13	PERSONS YOUNGER THAN 18 PROHIBITED FROM ENTRY.
	(A)	It shall be unlawful to allow a person who is younger than 18 years of 
		age to enter or be on the premises of a sexually oriented business at 
		any time that the sexually oriented business is open for business.

	(B)	It shall be the duty of the operator of each sexually oriented business 
		to ensure that an attendant is stationed at each public entrance to the 
		sexually oriented business at all times during such sexually oriented 
		business's regular hours. It shall be the duty of the attendant to not 
		allow any person under the age of 18 years to enter the sexually 
		oriented business. It shall be presumed that an attendant knew a person 
		was under the age of 18 unless such attendant asked for and was 
		furnished a valid operator's, commercial operator's, or chauffeur's 
		license, or a valid personal identification certificate reflecting that 
		such person is 18 years of age or older.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99

§ 111.14	EXEMPTION.
		It is a defense to prosecution under this chapter that a person 
		appearing in a state of nudity did so in a modeling class operated by 
		one of the following.

	(A)	A proprietary school, licensed by the State of Michigan, a college, 
		junior college, or university supported entirely or partly by taxation.

	(B)	A primate college or university that maintains and operates educational 
		programs in which credits are transferable to a college, junior 
		college, or university supported entirely or partly by taxation.
(Ord. 169, passed 5-18-98)

§ 111.15	NOTICES.
	(A)	Any notice required or permitted to be given by the city or other 
		agency under this chapter to any applicant, operator or owner of an 
		establishment may be given either by personal delivery or by certified 
		United States Mail, postage prepaid, return receipt requested, 
		addressed to the most recent address as specified in the application 
		for permit, or transfer application that has been received by the city 
		or any notice of address change that has been received by the city. 
		Notices mailed as above shall be deemed given upon their deposit in the 
		United States Mail. In the event that any notice by mail is returned by 
		the Postal Service, the city shall cause to be posted at the principal 
		entrance to the establishment.

	(B)	Any notice required or permitted to be given to the city by any person 
		under this chapter shall not be deemed given until and unless it is 
		received in the principal office of the city.

	(C)	It shall be the duty of each owner who is designated on the permit 
		application and each operator to furnish notice to the city in writing 
		of any change of residence or mailing address.
(Ord. 169, passed 5-18-98)

§ 111.16	INJUNCTION AND OTHER REMEDIES FOR VIOLATIONS.
		A person who operates or causes to be operated a sexually oriented
		business without a valid permit and/or license or otherwise violates 
		this chapter shall be subject to a suit for injunctive relief and/or 
		revocation of the sexually oriented business permit, as well as fines 
		or other penalties as provided by the city zoning ordinance. Any 
		person, firm, or corporation which violates any of the above provisions 
		of this chapter or regulations, promulgated pursuant thereto, shall be 
		deemed guilty of a misdemeanor and shall be punished as provided in § 
		10.99.
(Ord. 169, passed 5-18-98)  Penalty, see § 10.99