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The following rules and regulations shall, where applicable, govern all types of establishments licensed under this subchapter, and any operator or his agent, independent contractor, performer or employee shall not:
(A) Permit any disorderly conduct.
(B) Suffer or allow, in or upon the licensed premises, the annoying, molesting or accosting and soliciting for immoral purposes, of any patrons, independent contractors, performers or employees by other patrons, independent contractors, performers or employees.
(C) Permit any of the following conduct, either by patrons, independent contractors, performers or employees:
(1) The performance of acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(2) The actual caressing or fondling of the breast, buttock, pubic region or genitals of any other person, patron, independent contractor or performer.
(3) The actual or simulated display of the pubic hairs, pubic region, anus, vulva or genitals.
(D) Allow or permit any person to smoke or hold a lighted cigar, cigarette or pipe, on the dance floor while dancing is permitted.
(E) Fail to provide separate and adequate dressing rooms for male and female performers and/or entertainers if entertainment is provided.
(F) Permit or allow any patron to take an active part in any entertainment; except, that patrons may engage or participate in group or community singing.
(G) Permit overcrowding of the dance floor or provide less than 200 square feet of dance space in establishments which have a seating capacity of less than 100 persons, or provide less than 400 square feet in establishments which have a seating capacity of 100 or more persons. Such dance space shall be plainly indicated by floor markings and shall be kept free of tables, chairs or any other obstacles during the time that dancing is permitted.
(H) Permit any visibly intoxicated person to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises.
(I) Permit independent contractors, performers, dancers and entertainers, to eat, drink, solicit drinks or otherwise mingle with the patrons. As used in this division, the term "mingle" shall not be interpreted so as to prevent an independent contractor or performer from having brief contact with a patron in order to receive tips during or within a reasonable time following a performance. The purchasing of or otherwise furnishing an independent contractor or performer with food or drink shall not be considered tipping. Entertainers under 18 years of age shall not be permitted to remain in that portion of the licensed premises that is open to the public except during periods of actual performance or when accompanied by a parent, legal guardian, or spouse over 18 years of age.
(J) Permit or be engaged in any illegal act or occupation on the licensed premises.
(K) Permit or allow gambling or the use, possession or presence of gambling apparatus or paraphernalia, except for those charitable gaming activities permitted and regulated by Public Act 382 of 1972, as amended. Charitable gaming activities shall only be permitted in an approved charitable gaming room and also meet the following criteria:
(1) Charitable gaming rooms must be confined to an area of the building that is physically separated from the cabaret.
(2) Charitable gaming rooms must be accessed via a separate interior or exterior entry.
(L) Employ or contract with any person except in accordance with the provisions of this subchapter or any applicable provision of this code, any applicable ordinance of the city, or state laws.
(M) Permit any person to remain in or upon the licensed premises who engages in conduct prohibited by this section.
(N) Permit the exhibition of pictures, video tapes or films depicting acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(O) Permit any person under the influence of any type of drug or narcotic to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises.
(P) Permit any person to perform or audition for a position as a performer, who has performed a secondary service, as described by § 113.195 on the same business day or who is identified on the notice from the Police Department as provided in § 113.196(B) or to allow any person ro perform or audition for a position as a performer without first obtaining the information and documentation required by § 113.196(A) and entering the information on the daily logs as required in § 113.193(A).
(Ord. 816, passed 2-20-08; Am. Ord. 834, passed 2-21-11) Penalty, see § 113.999
(A) Daily logs of all performers required. The licensee of a cabaret shall keep a daily log of each person that performs as a performer, dancer or other entertainer during each business day and shall keep said daily logs on the premises and make such daily logs available for inspection by any police/agency of the city, county or state. The daily logs shall be kept on the premises for a period of 120 days, and shall include all the information required in § 113.196(A) for each performer that appears in the daily log.
(B) Reporting requirements. The licensee of a cabaret shall, within 15 days of receiving its license, provide to the Police Department a master list of all performers appearing at the licensed establishment, which master list shall include all the information required in § 113.196(A) for each performer appearing on the master list. Thereafter, the licensee of a cabaret shall, within five days of the first of each month, provide to the Police Department an update to the master list, including starting dates for all performers not listed on the master list as updated for the month immediately preceding the reporting period, and when known, the termination date for each performer who ceased performing at the licensed establishment during the reporting period. The monthly update shall contain all the required documentation set forth in § 113.196(A) for each performer that performed at the licensed establishment during the prior month who was not listed on the master list, as updated for the month immediately preceding. The monthly update shall also contain a list of performers listed on the master list as updated for the month immediately preceding, who are no longer performing at the licensed establishment. Should a performer perform one or more times during any given month and quit prior to the end of the reporting period, the licensee shall provide all the required documentation set forth in § 113.196(A), and shall further provide the name of such a performer on the list of those no longer performing at the licensed establishment. The city recognizes the information submitted constitutes an investigating record for law enforcement purposes, the disclosure of which may constitute an unwarranted invasion of personal privacy of the applicants, and will therefore mark the daily logs as records exempt from Freedom of Information Act requests pursuant to MCL § 15.243(b)(iii).
(Ord. 816, passed 2-20-08) Penalty, see § 113.999
It shall be unlawful for any licensee, his agent, independent contractor, performer or employee to require or accept any consideration, be it money, ticket, token or other thing of value, or any ticket, token or other thing which evidences a debt or value owing, in return for which any patron at a cabaret shall be privileged to leave such cabaret in company with any performer, dancer or entertainer prior to the closing hour of such cabaret.
(Ord. 816, passed 2-20-08) Penalty, see § 113.999
It shall be unlawful for any licensee, his agent, independent contractor, performer or employee to permit any person serving as a performer, dancer or entertainer in a cabaret to perform a secondary service on the same business day as the service as a performer, dancer or entertainer. Secondary services shall include, but are not limited to, the selling of cigarettes, photographing patrons, waiting tables, bartending or hat-checking.
(Ord. 816, passed 2-20-08) Penalty, see § 113.999
(A) The licensee shall not allow a person to perform at the licensed premises without first obtaining and retaining with the daily log required in § 113.193(A) a copy of the person's driver's license, state identification or similar picture identification, and recording the person's full legal name, date of birth, residential address, stage name (if any), a height/weight description of the person and a statement signed by the person that the person has not been convicted of any of the following types of crimes: prostitution; accosting and soliciting; public indecency; criminal sexual conduct; obscenity; delivery, conspiracy to deliver, or possession with intent to deliver a controlled substance in any amount; pornography, or any violation of this subchapter, within the past two years.
(B) The Chief of Police or his designee shall review the master list, as updated pursuant to § 113.193(B) and shall provide notice to all cabaret licensee's within the city that a person is not permitted to perform in any cabaret within the city based upon any of the conduct listed below:
(1) Conviction of any of the following types of crimes within the past two years: prostitution; accosting and soliciting; public indecency; criminal sexual conduct; obscenity; delivery, conspiracy to deliver, or possession with intent to deliver a controlled substance in any amount; pornography.
(2) False, misleading and/or incomplete information contained in the daily log kept by the cabaret pursuant to § 113.193.
(3) Violation of this subchapter within the past two years.
(4) The person is under 18 years of age.
(C) It shall be unlawful for any licensee of any cabaret, his agent, independent contractor, performer, or employee to allow any person to perform or audition for a position as a performer that the Chief of Police or his designee has listed in the notice to all cabaret licensees within the city as set forth above.
(Ord. 816, passed 2-20-08) Penalty, see § 113.999
The minimum age of patrons of cabarets shall be 18 years.
(Ord. 816, passed 2-20-08) Penalty, see § 113.999
No dancing or entertainment shall be permitted in any cabaret or club cabaret between the hours of 2:00 a.m. and 7:30 a.m. Eastern Standard Time; provided, that the exceptions in the Michigan Liquor Control Act governing hours of operation on December 24 and 26 annually and the regulations of the State Liquor Control Commission governing hours of operation on January 1 shall prevail on the aforesaid dates.
(Ord. 816, passed 2-20-08) Penalty, see § 113.999
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