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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK OR VIDEO STORE. An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, films, computer software, or video tapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.
ADULT ENTERTAINMENT ESTABLISHMENT. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances presented for the enjoyment of the audience which has paid or promised to pay an admission fee, and which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT MINI-THEATER. A commercial establishment where, for any form of consideration, in an enclosed area with a capacity of less than ten persons, films, motion pictures, video cassettes, digital video discs, slides, or similar photographic reproductions are shown which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, digital video discs, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein.
ADULT NOVELTY BUSINESS. A business that has as a substantial or significant portion of its activity in the sale of devices which stimulate human genitals or devices designed for sexual stimulation.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if complete and opaquely covered. For purposes of this section, NUDITY or a STATE OF NUDITY does not include:
(1) A woman’s breast-feeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding;
(2) Material as defined in Public Act 343 of 1984, § 2, being M.C.L.A. § 752.362 as amended, or any similar successor statute; or
(3) Sexually explicit visual material as defined in Public Act 33 of 1978, § 3, being M.C.L.A. § 722.673, as amended, or any similar successor statute.
PERMIT. A special use permit for the operation of a sexually oriented business.
PERMITTEE. A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.
PERSON. An individual, proprietorship, partnership, limited liability company, corporation, association, or other legal entity.
SEXUALLY ORIENTED BUSINESS. An adult book or video store, adult motion picture theater, adult mini-theater, adult novelty business, or adult entertainment establishment.
SPECIFIED ANATOMICAL AREA. Includes:
(1) Less than completely and opaquely covered human genitals, pubic regions, buttocks, and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes:
(1) Acts of human masturbation, sexual intercourse, or sodomy;
(2) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts; and
(3) Human genitals in a state of sexual stimulation or arousal.
TRANSFER OF OWNERSHIP OR CONTROL. Of a sexually oriented business, includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities, partnership interests, membership interest, or indicia of ownership rights which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, including transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 02-05, passed 8-5-2002)