Section
114.01 Definitions
114.02 License
114.03 Application for license
114.04 Standards for issuance of license
114.05 Fees
114.06 Display of license or permit
114.07 Renewal of license or permit
114.08 Revocation or suspension of license
114.09 Physical layout of adult entertainment establishment
114.10 Responsibilities of the operator
114.99 Penalty
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK STORE. An establishment which has in excess of 50% of its stock-in-trade for sale or rent, which stock-in-trade consists of books, magazines, newspapers, videotapes, video discs and motion pictures, which are characterized by an emphasis on specified sexual activities or specified anatomical areas, or which establishment excludes admission to minors by virtue of age.
ADULT BUSINESS. Includes, but is not limited to, ADULT BOOK STORE, ADULT VIDEO STORES, ADULT PERSONAL SERVICES BUSINESSES, NUDE MODELING STUDIOS, TATTOO PARLORS, and ADULT MOTION PICTURE THEATERS.
ADULT CABARET. A café, restaurant or bar where patrons are entertained by dancers, strippers or male or female impersonators, whether accompanied by music or not, whose conduct is characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. Any establishment, or part thereof, 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.
ADULT NOVELTY BUSINESS. A business which has a principal activity the sale of devices which simulate human genitals or devices designed for sexual stimulation.
ADULT PERSON SERVICE BUSINESS. A business having as its principal activity a person, while nude or while displaying specified anatomical areas, providing personal services for another person. Such businesses include, but are not limited to, modeling studios, body painting studios, wrestling studios, conversations parlors and theatrical performances or entertainment.
ADULT VIDEO STORE. An establishment which has in excess of 50% of its stock-in-trade for sale or rental to the public or patrons, video cassettes or video tapes, having as a dominant theme and emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.
BUTTOCK. Includes the anus and perineum of any person.
CHURCH. A building used for regular public worship services and exempt from taxation under the General Property Tax Act of the state.
NUDE MODELING STUDIO. Any building, structure, premises or part thereof used primarily as a place which offers as its principal activity the providing of models to display specified anatomical areas for artists and photographers for a fee.
PROTECTED USE. A church, school or public park or child daycare facility.
PUBLIC PARK. Any park owned and maintained by the city.
SCHOOL. A public or private school offering education to students enrolled in prekindergarten, kindergarten, one or more grades of one through twelve, or post secondary education.
SEXUAL INTERCOURSE. Includes fellatio, cunnilingus, anal intercourse and any other intrusion, however slight, or any part of a person's body, or of any object into the genital or anal openings of another's body.
SODOMY. Sexual bestiality.
SPECIFIED ANATOMICAL AREAS:
(1) Less than completely and/or opaquely covered:
(a) Human genitalia and pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola; or
(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
(1) The stimulation or arousal of human genitalia;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitalia, pubic region, buttock or female breast.
TATTOO PARLOR. A business having as its principal activity the application or placing, by any method, of designs, letters, scrolls, figures, symbols or other marks upon or under the human skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.
(Ord. eff. 10-31-05)
(A) From and after the effective date of this chapter, no adult business 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 one adult business located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult business must have a license for each.
(C) No license or interest in a license may be transferred to any person, partnership, or corporation.
(Ord. eff. 10-31-05)
(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 Cheboygan Department of Public Safety and to the applicant.
(B) The application for a license shall be upon a form provided by the City Clerk. An applicant 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 three years.
(7) The applicant's height, weight, color of eyes and hair.
(8) The business, occupation or employment of the applicant for five 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 statute, 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 two portrait photographs at least two inches by two 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 30 days of receiving an application for a license, the City Clerk shall notify the applicant whether 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 ten 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 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 said application or his or her refusal to submit to or cooperate with any investigation required by this chapter 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.
(Ord. eff. 10-31-05)
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