For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.
(1) A commercial establishment that, as one of its business purposes or services, offers for sale or rental for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals, or other printed and/or electronic or digital matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in divisions (1)(a) or (1)(b) above, and still be categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if: such materials occupy 20% or more of the floor area of visible inventory within the establishment; or the business derives a significant or substantial portion of its revenues from such materials.
ADULT CABARET. A nightclub, bar, restaurant, lounge, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas; or
(3) Films, motion pictures, videocassettes, slides, electronic, digital, other photographic reproductions, or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT PHYSICAL CULTURE BUSINESS. Any commercial establishment, club, or business, by whatever name designated, which regularly offers or advertises or is equipped or arranged to provide massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An ADULT PHYSICAL CULTURE BUSINESS may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an ADULT PHYSICAL CULTURE BUSINESS:
(1) Businesses which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse practitioner, a professional massage therapist, or any other similarly licensed medical professional;
(2) Fitness and recreation centers;
(3) Electrolysis treatment by a licensed operator of electrolysis equipment;
(4) Continuing instruction in martial or performing arts, or in organized athletic activities;
(5) Hospitals, nursing homes, medical clinics, or medical offices;
(6) Barbershops or beauty parlors and salons which offer massages to the scalp, the face, the neck, or the shoulders only; and
(7) Adult photography studios whose principal business does not include the taking of photographs of specified anatomical areas.
PROFESSIONAL MASSAGE THERAPIST. An individual graduated from a school of massage licensed by the state’s Post Secondary Proprietary School Unit, having completed a minimum of 500 hours of formal training and a member of the American Massage Therapy Association.
SEXUALLY ORIENTED BUSINESS. An adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial enterprise that regularly features the sale, rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure or display of specified sexual activities or specified anatomical areas. For purposes of this chapter, an adult physical culture business shall also be considered as a SEXUALLY ORIENTED BUSINESS.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, or anus; or female breast immediately below the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
ZONING ADMINISTRATOR. The person designated by the Village Board to administer the provisions of this chapter.
ZONING ORDINANCE. Zoning ordinance of Village of Eau Claire, Berrien County, Michigan, as amended.
(Ord. 2006-3, passed 4-18-2006)