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§§ 15-1 -- 15-25 RESERVED.
ARTICLE II. ADULT ENTERTAINMENT ESTABLISHMENT LICENSING
For the purpose of this article, the following words and phrases shall mean.
ADULT BOOKSTORE. An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any 1 or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, movies, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia designed for use as part of, or in connection with, specified sexual activities.
ADULT CABARET. Any place that features 1 or more topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, wait staff or other persons, any of whom reveal or show specific anatomical areas of their bodies, or who engage in, perform or simulate specified sexual activities.
ADULT MOTION PICTURE THEATER. An establishment, where, for any form of consideration, films, motion pictures, videos, slides, or other photographic reproductions are shown, and in which a substantial portion of the total presentation is devoted to the showing of material characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual devices.
SPECIFIED ANATOMICAL AREAS. Means and includes any 1 or more of the following:
(1) Less than completely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any 1 or more of the following:
(1) The fondling or erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Human sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, and sodomy;
(3) Human masturbation, actual or simulated;
(4) Human excretory functions, as part of or as related to, any of the activities described above; and
(5) Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or as related to, any of the activities described above.
SUBSTANTIAL PORTION. A use or activity accounting for more than 20% of any 1 or more of the
following: stock-in-trade, display space, usable floor are, or viewing time, movie display time, or entertainment time measured per month.
(1993 Code, § 15-26) (Ord. passed 4-27-1998; Ord. passed 12-8-2008)
Cross-reference:
Definitions, see § 82-4
(A) From and after the effective date of the ordinance set forth in this article, no adult bookstore, adult motion picture theater or massage parlor, hereinafter referred to as adult entertainment establishments, shall be operated or maintained in the city without first obtaining a license to operate issued by the city.
(B) A license may be issued only for 1 adult entertainment establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than 1 adult entertainment establishment must have a license for each.
(C) No license or interest in a license may be transferred to any person, partnership or corporation.
(D) All private schools and public schools located within the city are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
(1993 Code, § 15-27) (Ord. passed 4-27-1998)
(A) Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk. The application shall be dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the Charlotte Police Department and to the applicant.
(B) The application for a license shall be upon a form provided by the City Clerk. An application for a license, which shall include all partners or limited partners of a partnership applicant, and all officers and directors of a corporate applicant and all stockholders including more than 5% of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
(1) Name and address, including all aliases;
(2) Date of birth;
(3) Social security number;
(4) Michigan vehicle operator's license number;
(5) Written proof that the individual is at least 18 years of age;
(6) All residential addresses of the applicant for the past 3 years;
(7) The applicant's height, weight, color of eyes and hair;
(8) The business, occupation or employment of the applicant for 5 years immediately preceding the date of application;
(9) Whether the applicant previously operated in this or any other county, city, or state under an adult entertainment establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;
(10) All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond or pleadings of nolo contendere on all criminal charges, except minor traffic violations;
(11) Fingerprints and 2 portrait photographs at least 2 inches by 2 inches of the applicant;
(12) The address of the adult entertainment establishment to be operated by the applicant;
(13) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than 5% of the stock in said corporation and all officers and directors of the corporation.
(C) Within 21 days of receiving an application for a license the City Clerk shall notify the applicant whether the application is granted or denied.
(D) Whenever an application is denied, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held within 30 days thereafter before the Council, as hereinafter provided.
(E) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his or her refusal to submit to or cooperate with any investigation required by this article shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the City Clerk.
(1993 Code, § 15-28) (Ord. passed 4-27-1998)
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