For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. Anyone who has attained the age of 18 years of age, or older.
ADULT BOOK STORE. Any use or combined use which has a display containing books, magazines, periodicals, slides, pictures, cassettes, computer disks, or other printed or recorded material which has a significant portion of its content, or exhibit matter including sexual paraphernalia, or actions depicting, describing or relating to specified sexual activities, or specified anatomical areas, or an establishment with a substantial segment or section devoted to the sale or display of such material.
ADULT CABARET. Any nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, including but not limited to "go-go" dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict, or describe specified sexual activities, or specified anatomical areas.
ADULT MASSAGE PARLOR. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of oils or lotions, electric or magnetic treatment or any other treatment or manipulation of the human body which occurs as part of, or in connection with specified sexual activities, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
ADULT MOTEL/HOTEL. A motel or hotel wherein matter including sexual paraphernalia, actions or other displays are presented which contains a significant portion depicting, describing, or relating to specified sexual activities, or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER. Any enclosed building or structure with a capacity of less than 50 persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to specified sexual activities, or specified anatomical areas, for observation by patrons therein.
ADULT MOTION PICTURE ARCADE. Any place to 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.
ADULT MOTION PICTURE THEATER. Any enclosed building or structure 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 or relating to specified sexual activities, or specified anatomical areas, for observation by patrons therein.
AGGREGATE PORTIONS. The combined total of items of sexual paraphernalia and/or items promoting specified sexual activities and/or specified anatomical areas on display for sale, rent or lease, or promoting the sale, rent or lease of such items, when compared to salable items which are not defined by this subchapter amendment as sexual in nature.
CHURCH. Any building used for regular public worship services and is exempt from taxation under the General Property Tax Act of the State of Michigan.
DAY CARE CENTER. Any business whose primary concern is watching, protecting and education of children prior to an age where they may enroll in a community school.
DISPLAY. The presentation of any sexual paraphernalia, single motion or still picture, dance or exhibition, live act, or collection of visual materials such as books, films, slides, periodicals, pictures, computer generated images, video cassettes, computer disks or any other printed or recorded matter which is open to view or available to the general adult population whether free or otherwise.
PROTECTED ZONES. Includes (R-1), (R-1A and R-1B) One-Family Residential; (R-MH) Mobile Home Residential; (R-2) Two-Family Residential, (RM) Multiple-Family Residential; (T-1) Tourist Service; (O-1) Office; (W-M) Waterfront Marine.
PUBLIC PARK. Any park owned and maintained by the City of Cheboygan.
SCHOOL. Any building regularly used for educating children under the age of 18 and is exempt from taxation under the General Property Tax Act of the State of Michigan.
SEXUAL PARAPHERNALIA. Any item, instrument, or device for sale, rent or lease which has as its principal use the sexual stimulation of human genitals, breasts, or buttocks for specified sexual activity.
SEXUALLY ORIENTED BUSINESS. Any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying for sale, rent, or lease; or exhibiting for entertainment; a significant portion of items which include matter including sexual paraphernalia, or action depicting, describing or presenting specified sexual activities or specified anatomical areas.
SIGNIFICANT PORTION.
(1) Any one or more portions of the display having continuous duration in excess of five minutes; and/or
(2) The aggregate portions of the display having a duration equal to 10% or more of the display as measured by either number of publicly displayed items and/or 10% of available public floor space.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human male and female genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY.
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts of human masturbation, sexual intercourse, sodomy, fellatio, cunnilingus, or intrusion, however slight, of any part of a person's body, or of any foreign object, into the genital or anal openings of another's body.
(3) Fondling or erotic touching of human genitals, pubic regions, buttocks, or female breasts.
(Ord. eff. 4-30-06)