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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)
Sexually oriented businesses are classified as follows:
(A) Adult arcades;
(B) Adult bookstores or adult video stores;
(C) Adult cabarets;
(D) Adult motels;
(E) Adult motion picture theaters;
(F) Adult theaters;
(G) Escort and escort agencies;
(H) Nude model studios;
(I) Sexual encounter centers; and
(J) Other sexually oriented businesses described herein or as determined by the Township Board.
(Prior Code, § 49.104) (Ord. 71601, eff. 8-15-2001)
(A) A person is in violation of the zoning regulations if he or she operates a sexually oriented business without a valid license, issued by the township for the particular type of business.
(B) The right to operate a sexually oriented business shall be reviewed by the Planning Commission. The review shall include a site plan prepared in accordance with the Chapter 156 of this code of ordinances, as codified in Chapter 156 of this code of ordinances. The applicant must also submit a plan of operation prepared in accordance with the sexually oriented business application information sheet provided by the Township Clerk.
(C) At the time the completed application for a sexually oriented business is submitted, the Township Clerk will within 48 hours forward the application to the Township Zoning Administrator who will check the application for completeness of information within ten days of the date the application is submitted; if the application is determined to be complete, a written review shall be prepared by the Zoning Administrator and a public hearing scheduled within 30 days, following the determination of completeness by the Zoning Administrator. The public hearing shall be noticed in conformance with § 156.261 of the zoning regulations. If the application is determined to be incomplete, it shall within ten days be returned to the applicant with a written statement identifying all deficiencies or missing information prior to resubmission to the Zoning Administrator.
(D) Prior to the public hearing date, written review shall be prepared by the Chief of Police, Fire Department, Township Attorney and Building Inspector. As part of the review process, representatives of the respective township officials may inspect the proposed premises to determine compliance with the requirements herein.
(E) If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 110.06 and each applicant shall be considered a licensee if a license is granted.
(F) The applicant must acknowledge that all information provided to the township is true and accurate, and must further agree to be liable for the payment of the township’s legal fees in the event the township is successful in any administrative or judicial proceedings alleging a violation of these provision.
(Prior Code, § 49.105) (Ord. 71601, eff. 8-15-2001)
(A) (1) The Planning Commission shall review the site plan, plan of operation and pertinent information for all sexually oriented businesses proposed after the effective date of this chapter. The Planning Commission shall recommend the issuance of a license by the Township Clerk to an applicant within 30 days after its review and approval, unless the Commission finds one or more of the following to exist as set forth in division (B) below. The Planning Commission’s recommendation of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all the fees required by this chapter and obtained possession of the license from the Township Clerk.
(2) Failure to obtain review and approval from the Planning Commission is a valid reason for the denial of a license.
(B) The following may constitute the basis for denial of a license to operate a sexually oriented business:
(1) An applicant is under 18 years of age;
(2) An applicant or an applicant’s spouse is overdue in any payment to the township of taxes, fees, fines or penalties assessed against or imposed in relation to a sexually oriented business;
(3) An applicant has failed to provide information reasonably necessary for the issuance of the license, has provided misleading information, or has falsely answered a question or request for information on the application form;
(4) An applicant or an applicant’s spouse has been convicted of a violation of a provision of this section, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the filing of the application. The fact that a conviction is being appealed shall have no consideration;
(5) An applicant is residing with a person who has been denied a license by the township to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months;
(6) The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department or the Building Official; or the premises is not in compliance with applicable laws and ordinances;
(7) The proposed business site does not meet the locational requirements defined in § 110.13;
(8) The applicant is unable to meet the site plan requirements identified by the Township Planning Commission and applicable sections of the zoning regulations;
(9) The license fee required by this chapter has not been paid;
(10) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner;
(11) An applicant or an applicant’s spouse has been convicted of or is under indictment or misdemeanor complaint for a crime involving a violation of the State Public Health Code, or any of the following offenses as described in the State Penal Code, for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date:
(a) Offenses involving criminal sexual conduct;
(b) Obscenity;
(c) Sale, distribution or display of harmful material to a minor;
(d) Sexual performance by a child;
(e) Possession of child pornography;
(f) Public lewdness;
(g) Indecent exposure;
(h) Indecency with a child;
(i) Engaging in organized criminal activity;
(j) Sexual assault or aggravated sexual assault;
(k) Incest, solicitation of a child or harboring a runaway child;
(l) Kidnaping;
(m) Robbery;
(n) Bribery;
(o) A violation of the State Controlled Substances Act punishable as a felony; or
(p) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
(12) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse;
(13) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (B)(11) above for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a sexually oriented business license only if the Chief of Police determines that the applicant or applicant’s spouse is presently fit to operate a sexually oriented business. In determining present fitness under this section, the Chief of Police shall consider the following factors concerning the criminal conviction:
(a) The circumstances, extent and nature of any past criminal activity;
(b) The age at the time of the commission of the crime;
(c) The amount of time that has elapsed since the last illegal activity;
(d) The conduct and work activity prior to and following the illegal activity;
(e) Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
(f) Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement and correctional officers who prosecuted, arrested or had custodial responsibility for that person; the Sheriff or Chief of Police in the community where he or she resides; and any other persons in contact with him or her.
(14) It is the responsibility of the applicant, to the extent possible, to secure and provide necessary and reliable evidence required to determine present fitness under division (B)(13)above;
(15) The applicant will also be required to provide a plan of operation for the sexually oriented business in accordance with the sexually oriented business application information sheet; and
(16) The licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed at the sexually oriented business.
(C) (1) Any business hereafter defined as a sexually oriented business lawfully operating within the township on the effective date of this chapter must apply for and acquire a license in accordance with the above requirements.
(2) Licenses for existing sexually oriented businesses may be administratively approved by the Township Clerk upon receipt of a completed application.
(D) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(E) Each employee or independent contractor working in a sexually oriented business must be currently licensed by the Township Clerk. Such licenses must be produced upon request by any township official.
(Prior Code, § 49.106) (Ord. 71601, eff. 8-15-2001)
(A) The initial fee for a sexually oriented business license is $750. For any existing sexually oriented business as of the effective date of this chapter, the fee for a license is $250.
(B) The annual renewal fee for a sexually oriented business license is $250.
(C) The initial fee for each employee or independent contract permit shall be $60.
(D) The annual renewal fee for an employee or independent contractor permit shall be $20.
(E) All fees shall be subject to annual review by the Township Board. Fees may, from time to time, be changed by resolution of the Township Board.
(Ord. 71601, eff. 8-15-2001)
(A) An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department and Building Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, prior to or at any time it is occupied or open for business.
(B) A person who operates a sexually oriented business or his or her agent or employee is in violation of this chapter if he or she refuses to permit a lawful inspection of the premises by a representative of the Police, Health, Fire or Building Department at any time it is occupied or open for business.
(Prior Code, § 49.107) (Ord. 71601, eff. 8-15-2001) Penalty, see § 110.99
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