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(A) The terms in this chapter shall have the meanings ascribed to them in Ch. 157 of this code of ordinances, unless otherwise indicated herein.
(B) In addition, for the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT BUSINESSES. Any adult regulated use as defined in Ch. 157 of this code of ordinances.
EMPLOYEE. A person who performs any service for any consideration on the premises of an adult entertainment business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not said person is paid a salary, wage or other compensation by the operators of said adult entertainment businesses. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
NUDITY, NUDE or STATE OF NUDITY. The knowing or intentional live display of a human genital organ or anus with less than a fully opaque covering or a female’s breast with less than a fully opaque covering of the nipple and areola. NUDITY, as used in this section, does not include a woman breastfeeding a baby, whether or not the nipple or areola is exposed during or incidental to the feeding.
OPERATE or CAUSE TO OPERATE. To cause to function or to put or keep in a state of doing business. OPERATOR means any person on the premises of an adult entertainment business who exercises overall operational control of the business or a part of the business, who can open or close the business to the public or who causes to function or who puts or keeps the business open or in operation. A person may be found to be OPERATING or CAUSING TO BE OPERATED an adult entertainment business, regardless of whether that person is an owner or part owner of the business.
PATRON. A customer of the adult entertainment business or a person from the general public, not an employee of the business, who is on the premises to obtain, receive or view the products, services or performances offered by the business.
SEMI-NUDITY, SEMI-NUDE or IN A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard or similar wearing apparel; provided, the areola is not exposed in whole or in part.
(Prior Code, Ch. XXXV, § 2) (Ord. 2011-8, passed 5-9-2011)
(A) Nothing contained in this chapter is intended, or shall be construed, to permit or authorize activities which are unlawful under the state law or township ordinance. It is unlawful and a violation of this chapter for an operator to knowingly or intentionally violate the provisions of this chapter or to allow, either knowingly or intentionally, an employee or a patron to violate the provisions of this chapter. It shall be a defense to prosecution that the person prosecuted was powerless to prevent the violation.
(B) No person shall knowingly or intentionally, in an adult entertainment business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(C) No employee shall knowingly or intentionally, in an adult entertainment business, appear within view of any patron in a semi-nude condition unless the employee, while semi-nude, shall be and remain at least six feet from all patrons and on a fixed stage at least 18 inches from the floor in a room of at least 600 square feet.
(D) An adult entertainment businesses which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disk or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose.
(2) An operator’s station shall not exceed 32 square feet of floor area. If the premises has two or more operator’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least of the operator’s stations. The view required in this division (D)(2) must be by direct line of sight from the operator’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator’s station at all times that any patron is on the portion of the premises monitored by that operator’s station. It shall be the duty of the operator, and it shall also be the duty of any employee present on the premises, to ensure that the view area specifically in this division (D)(2) remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(E) No employee who regularly appears within view of patrons in a semi-nude condition in an adult entertainment business shall knowingly or intentionally touch a patron or the clothing of a patron in an adult entertainment business.
(F) No operator shall allow or permit an adult entertainment business to be or remain open between the hours of 2:00 a.m. and 9:00 a.m. on any day.
(Prior Code, Ch. XXXV, § 3) (Ord. 2011-8, passed 5-9-2011) Penalty, see § 110.99
Scienter required to prove violation or business liability. This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult entertainment businesses for purposes of finding a violation of this chapter only if an officer, director or general partner, or a person who managed, supervised or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
(Prior Code, Ch. XXXV, § 4) (Ord. 2011-8, passed 5-9-2011)
(A) (1) Any person, firm, association, partnership, corporation or entity that violates any of the provisions of this chapter shall be deemed responsible for a municipal civil infraction, as defined by state statutes, which shall be punishable by a civil fine determined in accordance with the following schedule:
Minimum Fine | Maximum Fine | |
1st offense | $75 | $500 |
2nd offense | $150 | $500 |
3rd offense | $325 | $500 |
4th offense | $500 | $500 |
(2) Additionally, the violator shall pay costs, which may include all expenses, direct and indirect, to which the township has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $9 be ordered. In addition, the township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this chapter. Each day that violation of this chapter continues to exist shall constitute a separate violation of this chapter.
(B) Notwithstanding division (A) above, the township may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of this chapter.
(Prior Code, Ch. XXXV, § 5) (Ord. 2011-8, passed 5-9-2011)