For the purpose of this chapter words pertaining to sexual oriented business, specified anatomical areas, and specified sexual activities shall have the following meaning:
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image- producing devices are maintained to show images to five or fewer persons per machine
at any one time, and where the images so displayed are predominately distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities”.
ADULT BOOKSTORE or ADULT VIDEO STORE.
(1) An adult bookstore or adult video store means a commercial establishment which has a substantial portion of its stock in trade for sale or rent, for any form of consideration, any one or more of the following items:
(a) Books, magazines, periodicals or other printed matter, or photographs, pictures, films, motion pictures, video cassettes, video tapes, any material in digital format [including but not limited to compact discs (CDs) or digital video discs (DVD), greeting cards, video reproductions, slides, or other visual representations or electronic media or other merchandise which is predominantly distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”; or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities”.
(2) A commercial establishment may have other stock in trade which does not involve the offering for sale or rental of merchandise depicting or describing “specified anatomical areas” or “specified sexual activities” and still be categorized as an adult bookstore or adult video store. Such other stock in trade will not serve to exempt such a commercial establishment from being characterized as an adult bookstore or adult video store so long as a substantial portion of the commercial establishment’s stock in trade is the offering for sale or rental for consideration the specified merchandise which is predominantly distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”.
The phrase “substantial portion of its stock in trade” shall be construed as one or more of the following relevant factors:
(a) Twenty-five percent or more of the commercial establishment’s gross sales area is used for the sale of merchandise which is predominantly distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”. For purposes of the chapter, gross sales area is defined as the floor area within the inside perimeter of the exterior walls of the commercial establishment, exclusive of vent shafts and courts, storage, stock, office and shipping areas, without deduction for corridors, display fixtures, stairways, public restrooms, closets, the thickness of interior walls, columns or other features.
(b) Twenty-five percent or more of the commercial establishment’s stock in trade (inventory) is comprised of merchandise which is predominantly distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”.
(3) There is a rebuttable presumption that a commercial establishment constitutes an adult bookstore or adult video store if the commercial establishment:
Conducts business exclusively for the patronage of adults and as to which minors are specifically excluded from patronage either by law or by the operators of such business.
ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.
ADULT CABARET. An adult cabaret means a nightclub, restaurant, or other similar commercial establishment which regularly features or displays:
(1) Persons who appear in a state of nudity; or
(2) Live performances predominately distinguished or characterized by an emphasis on the exposure of any “specified anatomical areas” or “specified sexual activities”; or
(3) Films, motion pictures, video cassettes, videotapes, any material in digital format [including, but not limited to, compact discs (CDs), digital video discs (DVDs)], slides, other photographic reproductions or visual media which are predominately distinguished or characterized by an emphasis on the depiction or description of any “specified anatomical areas” or “specified sexual activities”.
ADULT CARWASH. A wash facility for any type of motor vehicle that allows employees, agents, independent contractors, or persons to appear in a state of nudity or to display “specified anatomical areas”.
ADULT COMPANIONSHIP ESTABLISHMENT. An establishment or business, if such establishment excludes minors because of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such concerns “specified anatomical areas” or “specified sexual activities”.
ADULT ENTERTAINMENT FACILITY. A building or space in which an admission is charged for the entrance, or food or nonalcoholic beverages are sold or intended for consumption, and in which may be observed live presentations of entertainment distinguished by an emphasis on matters depicting, describing, or relating to “specified anatomical areas” or “specified sexual activities”.
ADULT ESTABLISHMENT. An establishment, building or business engaged in any of the following activities or which uses either of the following procedures or practices:
(1) Any business conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage either by law or by the operators of such business; or
(2) Any other business that offers its patrons services, products or entertainment distinguished or characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified “specified anatomical areas” or “specified sexual activities”.
Specifically included in the term, but without limitation, are adult bookstores, adult motion-picture theaters, adult mini- motion picture theaters, adult massage parlors, adult health clubs, adult saunas, adult companionship establishments, adult cabarets, adult carwashes, adult novelty businesses, adult motion-picture arcades, adult modeling studios, adult hotels or motels and adult body painting studios.
ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB. A massage parlor or health/sport club that during the massage there is display of “specified anatomical areas” or engagement in “specified sexual activities”.
ADULT MINI-MOTION PICTURE THEATER. A business, building or establishment in an enclosed building with a capacity for less than 50 persons used for the presenting of visual media material if such business as a prevailing practice excludes minors by virtue of age or law, or if such material is distinguished or characterized by an emphasis on “specified anatomical areas” or “specified sexual activities” for observation by patrons.
ADULT MOTION-PICTURE THEATER. A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities” for observation by the patrons.
ADULT NOVELTY BUSINESS. A business premises within an enclosed building used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age and if the material is distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”.
ADULT MOTEL. An adult motel means a hotel, motel, or similar commercial establishment that:
(1) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television (as distinguished from commercial cable services and on-demand services) transmissions, films, motion pictures, video cassettes, videotapes, any material in digital format [including, but not limited to, compact discs (CDs) or digital video discs (DVDs), slides other photographic reproductions or visual media that are predominately distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities”; and
(2) Offers a sleeping room for rent, or allows a tenant or occupant of a sleeping room to sub-rent the room, for a period of time that is less than ten hours.
ADULT SAUNA/STEAM ROOM/BATHHOUSE. A business that excludes minors because of age and which provides a steam bath or heat bathing room used for bathing, pleasure, relaxation or reducing, and which utilizes steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna/steam room/bathhouse is distinguished or presentation of “specified anatomical areas” or engagement in “specified sexual activities”.
BOOTH. A small enclosed area located in a building that is used to separate the individuals inside of the small enclosed area from the individuals located inside of the building but outside of the small enclosed area. A BOOTH must comply with all of the following requirements:
(1) It must be unobstructed by any door, lock, or other entrance and exit control device;
(2) One side must be totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant in the booth, room or cubicle;
(3) It must be illuminated such that a person of normal visual acuity looking into the booth from the entrance adjoining the public lighted aisle can clearly determine the number of people within;
(4) There shall be no holes or openings in any side or rear wall not related to utility, ventilation or temperature control services or otherwise required by any governmental code or authority;
(5) Only one individual shall occupy the booth, room or cubicle at any one time; and
(6) An individual occupying an adult booth, room or cubicle shall not engage in any “specified sexual activities”, nor shall he or she damage or deface any portion of the booth, room, or cubicle.
MASSAGE. Any method of applying pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body, for remedial or hygienic or other purposes with the hands, with or without the aid of any mechanical, magnetic or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations.
MASSAGE ESTABLISHMENT. Any building, room, place, or establishment where body massage is regularly practiced on the human body, to club members or to the general public, for a charge. The term MASSAGE ESTABLISHMENT includes, but is not limited to, massage parlors, health clubs, sauna baths, and steam baths if massages are performed at those locations. The term MASSAGE ESTABLISHMENT shall not include:
(1) Hospitals, nursing homes, medical clinics;
(2) The office of a state-licensed physician, surgeon, physical therapist, osteopath or chiropractor;
(3) The establishment of a barber, manicurist, beautician or cosmetologist who is duly licensed under the laws of this state, or another state within the United States, or the federal government, and who practices within the establishment limits of his or her license, and who administers a massage in the normal course of his or her duties in which massages are administered only to the scalp, face, neck, back, legs, hands, feet or shoulder;
(4) The establishment of a myomassologist who is current member of the American Massage Therapy Association or other national massage therapy organization with comparable prerequisites for certification; or
(5) A nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational, or athletic facility for the welfare of the residents of the area.
MATERIAL. Anything tangible, whether through the medium of reading, observation, sound, or in any other manner, including, but not limited to, anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disc, film transparency, slide, audiotape, audio disc, computer tape, holographic images, or any other medium used to electronically produce or reproduce images on a screen, or any mechanical, chemical, or electronic reproduction. MATERIAL includes undeveloped photographs, molds, printing plates, and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent. This definition is intended to include material which is the product of any technology, whether that technology is available on the effective date of this chapter becomes available after that date.
MERCHANDISE. Material and novelty.
MINOR. Any person under the age of 18 years.
NOVELTY. Any instrument, devise or paraphernalia which depicts or describes any “specified anatomical areas” or any “specified sexual activities”, or which is designed for use, or commonly used, in connection with “specified sexual activities”, excluding condoms and other birth control and disease prevention products.
NUDE MODEL STUDIO. Any place where a person who displays “specified anatomical areas” is regularly observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO does not include either of the following:
(1) An educational institution funded, chartered or recognized by the State of Michigan; or
(2) Any modeling session for a local, nonprofit organization, that is not open to the public or to any persons other than members of the organization, that is for the purpose of instruction in the artistic depiction in two-dimensional or three-dimensional media of the human form, during which no “specified sexual activities” occur and during which the model remains in a fixed pose.
PLACE OF WORSHIP. A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.
PUBLIC LIBRARY. Any library that provides free access to all residents of a township, city or county without discrimination and that is organized under Michigan P.A. 89, 1977.
PUBLIC PARK. A park, reservation, playground, public multipurpose pathway, beach, or recreation or community center in the township owned, leased, or used wholly or in part by the township, county, state, school district, or federal government for recreational purposes.
SCHOOL. A building or space that is principally used as a place where 25 or more persons receive a full course of educational instruction. Any post-secondary or post-high school educational building, including any college or any vocational/technical college, shall not be deemed a school for purposes of this chapter.
SEXUAL ENCOUNTER CENTER. A business or commercial establishment, except that which is part of the practice of and under the supervision and control of a physician, psychologist or psychiatrist licensed to practice in the State of Michigan, that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between person of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or exposes or displays any “specified anatomical areas”.
SEXUALLY ORIENTED BUSINESS. Any adult arcade, adult body painting studio, adult bookstore, adult cabaret, adult carwash, adult hotel or motel, adult motion-picture theater, adult mini-motion adult companionship establishment, adult novelty business, adult modeling studio, sexual encounter center and other premises, establishments, businesses, or places open to some or all members of the public in which there is an emphasis on the presentation or display, depiction or description of “specified anatomical areas” or “specified sexual activities” which the public could see. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry by state-licensed or registered persons. Activities defined as obscene by Act 343 of the Michigan Public Acts of 1984, as amended are not lawful and are not included in the definitions of adult uses.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, anus, or female breast below a point immediately above the top of the areola or any combination of the foregoing; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation or fondling of unclothed genitals, pubic region, buttock, or female breast; flagellation or torture in a sexual relationship; and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty;
(2) Human genitals in the state of sexual stimulation, arousal, or tumescence;
(3) Use or acts of human or animal ejaculation, sexual intercourse, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of human genitals, pubic regions or pubic hair, buttocks, female breasts;
(5) Situations involving persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(8) Any combinations of subsections (1) through (7) of this definition.
STATE OF NUDITY OR PUBLIC NUDITY. Knowingly or intentionally displaying in a public place, or in any other place for payment or promise of payment by a person, including, but not limited to, payment or promise of payment of an admission fee, any individual’s genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering, a female individual’s breast with less than a fully opaque covering of the nipple and areola, or the covered male genitals in a discernibly turgid state. Public nudity does not include any of the following:
(1) A woman’s breast-feeding of an infant shall not under any circumstances constitute public nudity irrespective of whether the nipple is covered during or incidental to the feeding.
(2) Any display of any part of the anatomy occurring as part of the regular curriculum of an educational institution that is funded, chartered, or recognized by the State of Michigan.
(Ord. 11-007, passed 1-17-2012)