As used in this chapter the following terms shall have the meaning indicated:
(a) CONTROLLED SUBSTANCE - A drug, substance or immediate precursor as defined in Schedules 1 through 5 of part 72 of Act 368 of the Public Acts of 1978, as amended.
(b) DANCING - To move with the feet or body rhythmically with or without musical accompaniment.
(c) DRUG PARAPHERNALIA - Any objects, devices, instruments, apparatus or contrivances, whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the laws of Michigan.
(d) HEAD SHOP - Any business, the operation of which involves the sale, lease, trade, gift or display for sale of any and all types of drug paraphernalia.
(e) IMMEDIATE PRECURSOR - A substance which under the regulations of the Michigan Department of Health is a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance.
(f) KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE - Having knowledge of the contents and character of the patently offensive sexual conduct or demonstration which appears in the film or publication or having knowledge of the acts of lewdness, assignation or prostitution which occur on the premises.
(g) LEWD MATTER - Any matter which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest and which depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or masturbation, excretory functions or exhibition of the genitals or genital area. Nothing herein contained is intended to include or prescribe any matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political, educational or scientific value.
(h) MASSAGE - Any method of treating the superficial soft parts of the human body for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading or any similar treatment accomplished by hand or by the use of any instrument.
(i) MASSAGE PARLOR - Any building or structure or portion thereof, located within the City of Ionia, which is open to members of the general public, with or without payment of a fee, at which massage services are offered.
(j) MATTER - A motion-picture film or a publication, or both.
(k) MODEL STUDIO:
(1) Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculpted, photographed or otherwise similarly depicted for persons who pay a fee or other consideration, compensation or gratuity for the right or opportunity so to depict the figure model or for admission to or for permission to remain upon or as a condition for remaining upon the premises; or
(2) Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration, compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculpted, photographed or otherwise similarly depicted.
(3) Exception. The term "model studio" does not include:
A. Any studio which is operated by any state university or college, or any junior college or public school, or any governmental agency, wherein the person, firm, association, partnership or corporation operating it has met the requirements established by the State of Michigan for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.
B. Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in paragraph (k)(3)A. hereof.
C. Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
(l) MOTION-PICTURE FILM - Includes any film or plate negative; film or plate positive; film designed to be projected on a screen or other surface for exhibition; films, glass slides or transparencies, either in negative or positive form, designed for exhibitions by projection on a screen or other surface; and video tape or any other medium used to electronically reproduce images on a screen or other surface.
(m) NUDE - Completely without clothing, or showing the human male or female genitals, pubic area or buttocks with less than a full opaque covering or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or showing the several male genitals in a discernibly turgid state.
(n) PERSON - Any individual, partnership, firm, association, corporation or other legal entity.
(o) PLACE - Includes, but is not limited to, any building, structure or space, or any separate part or portion thereof, whether permanent or not, or the ground itself.
(p) SALE - A passing of title or right of possession from a seller to a buyer for valuable consideration, including, but not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of or transfer of possession of lewd matter.
(q) TRADITIONALLY EXCLUSIVE USE - A use which is primary and inherent as opposed to secondary and incidental, and which is associated with certain knowledge or beliefs derived from statements of contemporary persons and handed down through a considerable period of time.