For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACHROMATIC. Colorless or lacking in saturation or hue. The term includes, but is not limited to, grays, tans and light earth tones. The term does not include white, black or any bold coloration that attracts attention.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, Internet 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 distinguished or characterized by the depicting or describing of sexually explicit activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which offers for sale or rental for any form of consideration, occupying a minimum of 15% of the floor area of the establishment, any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video matter or photographs, cassettes or video reproductions slides, or other visual representation which depict or describe sexually explicit activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with sexually explicit activities.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of restricted nudity;
(2) Live performances which are characterized by the partial exposure of specified anatomical areas; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel, inn, bed and breakfast or similar establishment which:
(1) Offer accommodations to the public for any form of consideration; provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Permit patrons to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web;
(3) Offer a sleeping room for rent for a period of time that is less than ten hours;
(4) Allow a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours; or
(5) Offers socialization with a host or hostess for consideration to the host or hostess or for an admission or membership fee.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by the performance of sexually explicit activities.
CHIEF OF POLICE. The Chief of Police of the Township of Spaulding or his or her designated agent.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The location or relocation of any sexually oriented business.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast, as defined by M.C.L.A. §§ 117.5h.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons 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 is in a state of nudity or semi-nude or permits patrons to display or to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web.
SEXUALLY EXPLICIT ACTIVITIES.
(1) Includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in divisions (1)(a) through (1)(c) above.
(2) Any activity intended to arouse, appeal to or gratify a person’s lust, passions or sexual desires.
SEXUAL ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment, or any place that permits patrons to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web.
SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region or pubic hair; buttock; or female breast or breasts or any portion thereof that is situated below a point immediately above the top of the areola; or any combination of the foregoing; or
(2) Human genitals in a state of sexual arousal, even if opaquely and completely covered.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor area occupied by the business by more than 10%, as the floor area exists on the effective date of this chapter.
TOWNSHIP CLERK. The Clerk of the Township of Spaulding.
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 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, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Prior Code, § 49.103) (Ord. 71601, eff. 8-15-2001)