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(A) Every license issued pursuant to this chapter will terminate at the expiration of 1 year from the date of issuance, unless sooner revoked, and must be renewed before any operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Township Clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the Township Clerk, on a form which shall be provided by the Township Clerk. The submitted renewal form shall contain that information and data, given under oath or affirmation, as is required for an application for a new license. The manner in which the township processes the renewal application shall be similar to that process which applies to all new applications, as otherwise provided for in this chapter.
(B) A license renewal fee of $500 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $150 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, ½ of the total fees collected shall be returned, with the other 1/2 being retained as reimbursement for expenses and costs incurred in the processing of the application.
(C) If the Police Department and/or agency then servicing the township is aware of any information bearing on the operator’s qualifications or eligibility for license renewal, that information shall be filed in writing with the Township Clerk.
(Ord. 374.4, passed 5-11-2000)
(A) The Board shall revoke a license or permit for any of the following reasons:
(1) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;
(2) The operator or any employee of the operator violates any provision of this chapter or any rule or regulation adopted by the Board pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Board shall find that the operator had no actual or constructive knowledge of a violation and could not by the exercise of due diligence have had such actual or constructive knowledge;
(3) The operator becomes ineligible to obtain a license or permit at any time while a license or permit are in effect;
(4) Any cost or fee required to be paid by this chapter is not paid; or
(5) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult-oriented establishment, where no license permitting possession and/or consumption has been granted and/or is in effect.
(B) The Board, before revoking or suspending any license or permit, shall give the operator at least 10 days’ written notice of the charges against him or her, and the opportunity for a public hearing before the Board, as hereinafter provided.
(C) The transfer of a license or any interest in a license shall automatically and immediately revoke the license, and any and all activity previously permitted by virtue of the initial issuance of the license or permit shall immediately cease.
(D) Any operator whose license is revoked shall not be eligible to receive a license for 1 year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for 6 months from the date of revocation.
(E) In the event of any revocation or suspension, no refund of fees paid shall be made.
(Ord. 374.4, passed 5-11-2000)
Michigan statutes, concerning contested cases, shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license. The Township Clerk shall schedule a public hearing before the Township Board, if the Clerk, as required by this chapter, receives a timely application for review.
(Ord. 374.4, passed 5-11-2000)
CONSTRUCTION AND OPERATION
Any adult-oriented establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements, in addition to any and all local, state and/or national health codes which may be in effect and be applicable at any time while a license is issued and valid.
(A) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment, and shall be unobstructed by any door, lock or other control- type devices.
(B) Construction. Every booth, room or cubicle in addition to local, state and/or federal code requirements shall meet the following specific construction requirements:
(1) Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall;
(2) Have at least 1 side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same;
(3) All walls shall be solid and without any openings, extended from the floor to a height of not less than 6 feet and be light-colored, non-absorbent, smooth textured and easily cleanable;
(4) The floor must be light-colored, non-absorbent, smooth textured and easily cleanable; and
(5) The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of 10 foot-candles at all times, as measured from the floor.
(C) Occupants. Only 1 individual shall occupy a booth, room or cubicle at any time. No occupant of any booth, room or cubicle shall engage in any type of specified sexual activities, cause any bodily discharge or litter in the booth. No individual shall damage or deface any portion of the booth.
(Ord. 374.4, passed 5-11-2000) Penalty, see § 112.99
(A) The operator shall maintain a complete and detailed register of all employees, showing the name and aliases used by the employee, home address, age, date of birth, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee. In addition, there shall be a legible copy of photo identification maintained for each employee, which, along with the aforementioned information, shall be updated each year, at the same time that any license renewals are applied for, as to any then current employees. The above information on each employee shall be maintained in the register, which shall be located on the premises, for a period of 5 years following termination.
(B) The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Police Department, any agency then providing police services Charter Township of Clayton and/or the Township Attorney, at all reasonable times.
(C) Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.
(D) Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended or renewed.
(E) No employee of an adult-oriented establishment shall allow any minor, who shall be considered to be an individual under the age of 18 years of age, to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment as defined herein.
(F) The operator shall maintain the premises in a clean and sanitary manner at all times.
(G) The operator shall maintain at least 15 foot-candles of light in the public portions of the establishment at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in the aisles; provided, however, at no time shall there be less than 5 foot-candles of illumination in the aisles, as measured from the floor.
(H) The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.
(Ord. 374.4, passed 5-11-2000)
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