Adult Businesses

CASCADE CHARTER TOWNSHIP
Kent County, Michigan
Regulation of Adult Businesses
Ordinance 3 of 2001

AN ORDINANCE TO ADD A NEW PART 18 TO THE TOWNSHIP COMPILATION OF ORDINANCES TO PROVIDE FOR THE REGULATION OF ADULT BUSINESSES WITHIN THE TOWNSHIP

THE CHARTER TOWNSHIP OF CASCADE ORDAINS:

Sec. 1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Ordinance unless otherwise specifically stated:

(a) "Adult cabaret" means a nightclub, restaurant, or other establishment which regularly features or displays:

(1) Live performances predominantly characterized by an emphasis on the exposure of any specified anatomical area or by any specified sexual activity; or

(2) Films, motion pictures, video cassettes, slides, other photographic reproductions, or visual media predominantly characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area.

(b) "Adult merchandise store" means an establishment that emphasizes merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area. An establishment emphasizes merchandise that is predominantly distinguished by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area if any one or more of the following applies to the establishment:

(1) 25% of the establishment's retail floor space (i.e., excluding bathrooms, office areas, fitting rooms, eating areas, storage rooms/closets, etc.) is used for the sale of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area.

(2) 25% of the establishment's visible inventory is comprised of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area.

(3) 25% of the establishment's gross revenues are generated by the sale or rental of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area.

(4) The establishment is operated consistent with its being an adult oriented business (e.g., advertising is directed to an "adults only" market; the establishment self imposes [or imposes consistent with state or federal law] prohibitions on minors being present in the establishment; segregated areas of the business are devoted predominantly to the sale or rental of such merchandise; etc.).

(5) The establishment displays merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area such that that merchandise is visible to patrons in the store and without cover (as opposed to a situation where a deminimus amount of such merchandise, while available for sale or rental, is covered or otherwise shielded from the view of patrons).

(6) A comparison between (i) the establishment's ratio of general product to merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area, and (ii) other retail establishments' ratio of general product to merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area, indicates that the establishment emphasizes merchandise depicting, describing or relating to any specified sexual activity or any specified anatomical area.

(7) An Establishment with a segment or section devoted to the sale or display of Adult Oriented Merchandise.

(1) Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television (as distinguished from commercial cable services) transmissions, films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area; or

(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 (10) hours, if the rental of such rooms accounts for more than ten percent (10%) of the establishment's gross revenues.

(d) "Adult oriented business" means a business or commercial establishment engaging in one or more of the following enterprises: (1) adult cabaret; (2) adult merchandise store; (3) adult motel; (4) adult theater, (5) escort agency; (6) nude model studio; or (7) sexual encounter center.

(e) "Adult theater" means a theater, concert hall, auditorium, or similar establishment which regularly features live performances predominantly characterized by an emphasis on the exposure of any specified anatomical area or by any specified sexual activity or which regularly or primarily shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media predominantly characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area. This definition includes, without limitation, establishments which offer individual viewing booths.

(f) "Escort" means a person who, for any form of consideration and regardless of who pays that consideration, agrees to act or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(g) "Escort agency" means a person or entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. An escort agency is deemed to be operated in the location where (1) a request for an escort is received, or (2) the escort and the person requesting the escort are together.

(h) "Materials" means 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 disk, film, transparency, slide, audiotape, audio disk, computer tape, holographic images, or any other medium used to electronically produce or reproduce images, 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 Ordinance or becomes available after that date.

(i) "Merchandise" means material and novelties.

(j) "Massage" means an alcohol rub, fomentation, bath, common massage, magnetic message procedure, manual manipulation of the body or any method treating external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, adjusting or tapping with the hand, elbow, fingers or any instrument, electric, magnetic or otherwise, with or without supplementary aids.

(k) "Message Establishment" shall mean any building, Turkish bath parlor, steam bath, sauna bath, room, premises, place, institution or establishment, where body message is regularly practiced on the human body, to club members or to the general public for a charge or consideration, but the term "message establishment" shall not include licensed hospitals, nursing homes, medical clinics, office of a physician, surgeon, osteopath or chiropractor.

(l) "Novelty" means any instrument, device, or paraphernalia which depicts or describes any specific anatomical area or any specific sexual act, or which is designed for use, or commonly used, in connection with specific sexual activities, excluding condoms and other birth control and disease prevention products.

(m) "Nude model studio" means any place where a person displays any specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by any other person who pays money or any form of consideration.

(n) "Sexual encounter center" means an 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 Michigan that offers:

(1) Activities between male and female persons and/or persons of the same sex when one or more of the persons exposes or displays any specified anatomical area; or

(2) The matching and/or exchanging of persons for any specified sexual activities.

(o) "Specified anatomical area" means any one or more of the following:

(1) Less than completely and opaquely covered human genitals, anus, or female breast at or below the top of the areola; or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(p) "Specified sexual activity" means any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; or

(2) A sex act, actual or simulated, including intercourse, oral copulation, or sodomy; or

(3) Masturbation, actual or simulated; or

(4) Excretory functions as part of or in connection with any of activities set forth in (1), (2) or (3) above.

Sec. 2. General Requirements for Adult Oriented Businesses.
All adult oriented businesses shall comply with the following:

(a) No person under the age of 18 years shall enter or be on the premises of an adult oriented business at any time the adult oriented business is open, nor shall any owner, partner, performer, contractor, or employee of an adult oriented business sell or provide goods, merchandise, or services to persons under the age of 18.

(b) The following shall not be visible or audible to a person outside the building in which an adult oriented business is operated, whether through a window or doorway or otherwise:

(1) Any depiction or description in any material of any specified sexual activity or any specified anatomical area; or

(2) Any novelty; or

(3) Any person engaging in any specified sexual activity or exposing any specified anatomical area.

(d) No person or establishment shall operate an adult oriented business:

(1) Before 8:00 a.m. or after midnight Monday through Saturday; or

(2) On any Sunday or legal holiday.

(e) No adult oriented business shall engage in business unless each of the following are satisfied:

(1) At least two employees, excluding entertainers, are on the premises of the business at all times the business is open; and

(2) The business is equipped with operational security cameras which shall be used at all times the business is open.

(f) Any booth, room, or cubicle, located in any adult oriented business, used by patrons for the viewing of merchandise or any other entertainment 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;

(3) It must be illuminated such that a person of normal visual acuity looking into the booth, room, or cubicle from the entrance adjoining the public lighted aisle can clearly determine the number of people within; and

(4) There shall be no holes or openings in any side or rear wall not relating to utility, ventilation, or temperature control services or otherwise required by any governmental code or authority.

(g) No sign or advertising for an adult oriented business may include any photographs, silhouettes, drawings, or other representations of any specified anatomical area or any specified sexual activity.

(h) All adult oriented businesses shall be open to inspection by the Township's ordinance enforcement officer, the building inspector any public safety officer, any police officer, any sheriff deputy, and any Michigan State Police trooper for the purpose of ensuring compliance with the law at any time the establishment is occupied or open for business.

(i) Each escort agency shall maintain permanent records on the premises showing the name, address, and telephone number of every person for whom an escort is provided, the fee paid, the name of the escort or escorts so provided, and the location where the escort and the person requesting the escort initially meet. These records shall be made available, upon demand and without prior notice, to any Township official inspecting the premises pursuant to this Ordinance.

Sec. 3. Additional Requirements for Adult Oriented Businesses Offering Live Entertainment.

(a) Any adult oriented business offering live entertainment shall provide all of the following:

(1) A dressing room for performers with direct access between the dressing area and the performance area or stage so that the performer may enter the performance area or stage without entering the area from which patrons will view the performance;

(2) That the access, performance area, or stage and dressing room is handicapped accessible to the extent required by the Americans With Disabilities Act and the Elliott Larsen Civil Rights Act;

(3) That all performances shall occur on a stage elevated at least 18 inches above the immediate floor level and removed at least six feet from the nearest employee or patron; and

(4) That the dressing area for performers be separate and not freely accessible from areas of the business accessible to patrons, and that the dressing area contains hot and cold running water and toilet facilities.

(b) There shall be no physical contact between any performer and any other performer or between any performer and any owner, independent contractor, employee, patron or other person during or for at least 15 minutes following such performance. "Physical contact" includes, but is not limited to, any contact in which any part of the body or clothing of one person touches any part of the body or clothing of the other person or if a person causes anything under that persons direct control to touch any part of the body or clothing of another person.

Sec. 4. Registration.
Each adult oriented business shall register its existence with the Township Clerk and Zoning Administrator prior to commencing business. The registration shall provide the following information:

(a) The name, residence address and business address, and telephone number of the applicant and manager. If the applicant is a partnership, limited liability company, corporation, or similar business entity, the name and residence address of each of the officers, directors, managers, and each of the owners, partners, or shareholders owning 10% interest or more, either directly or beneficially, shall also be provided.

(b) The name, address, and telephone number of the owner of the building where the business will be conducted; also, the name, address, and telephone number of the building manager (if different from the owner).

Sec. 5. Prohibited Conduct.

(a) Except on a stage or other area of performance as specified in Section 3, no person within an adult oriented business shall display to the view of any other person any specified anatomical area.

(b) No person shall engage in any specified sexual activity on the premises of an adult oriented business.

Sec. 6. Violations.
The following shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) and cost of prosecution or by imprisonment for a period not to exceed ninety (90) days, or both such fine and imprisonment in the discretion of the court:

(a) A violation of any provision of this Ordinance; or

(b) Permitting, allowing, encouraging, or promoting any violation of any provision of this Ordinance, including any owner, manager, employee, patron, customer, officer, partner or other person; or

A violation of any provision of this Ordinance shall also be a nuisance per se and the City may seek an injunction against the violation.

Sec. 7. Title.
This Ordinance shall be known as the Adult Oriented Business Ordinance.

Sec. 8. Severability.
The phrases, sentences, sections, and provisions of this Ordinance are severable and the finding that any portion hereof is unconstitutional or otherwise unenforceable shall not detract from or affect the enforceability of the remainder of this Ordinance.

Sec. 9. Effective Date.
This Ordinance shall become effective upon publication in a newspaper of general circulation in the Township.

The foregoing Ordinance was offered by Board Member Parrish, supported by Board Member Kleinheksel. The roll call vote being as follows:

YEAS: Carpenter, Jones, Julien, Kleinheksel, Parrish and Timmons
NAYS: None
ABSTAIN: None
ABSENT: Goodyke
ORDINANCE DECLARED ADOPTED.

Marlene K. Kleinheksel Cascade Charter Township Clerk
CERTIFICATION
I hereby certify the above to a true copy of an ordinance adopted by the Cascade Charter Township Board at a regular meeting held at the Township Museum Building on 25th day of April 2001, at 7:00 p.m., pursuant to the required statutory procedures.
Dated: April 26, 2001
By
Marlene K. Kleinheksel
Cascade Charter Township Clerk

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