The purpose and intent of this chapter is to regulate sexually oriented businesses, to promote the health, safety and general welfare of the residents of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects on the community from such sexually oriented businesses.

The provisions of this chapter are not intended to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the United States or Michigan Constitutions, or to deny access by the distributors and exhibitors of sexually oriented entertainment in their intended market.

Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(Ord. No. 97-2, § 13, 11-17-97)

A.

A sexually oriented business shall only be operated within areas zoned as C-3 - General Business District.

B.

A sexually oriented business may not be operated within four hundred (400) feet of:

1.

A church, synagogue or regular place of religious worship;

2.

A public or private elementary or secondary school or public school academy;

3.

A boundary of any residential zoned district or any residential structure within or without a zoned area;

4.

A public park;

5.

A public library; or

6.

A child care center, family day care home, or group day care home.

C.

A sexually oriented business may not be operated within one thousand (1,000) feet of another sexually oriented business.

D.

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.

E.

For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, public or private elementary or secondary school, public school academy, public park or library, child care center, family day care home, group day care home, residential lot, or another sexually oriented business, or to the nearest boundary of a residential district.

(Ord. No. 97-2, § 13, 11-17-97)

It shall be unlawful to operate or cause to be operated a sexually oriented business in the city without a valid license issued pursuant to the provisions of this chapter.

(Ord. No. 97-2, § 13, 11-17-97)

A.

All applicants for a sexually oriented business license shall file an application for such license with the zoning enforcement officer. Each individual applicant, partner of a partnership, member of a limited liability company, partner of a limited liability partnership, officer and director of a corporation and all managers shall be named in each application form and each of them shall be photographed and fingerprinted by the city police department.

B.

An application for a license must be made on a form provided by the city.

C.

The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the building inspector and zoning enforcement officer.

D.

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 applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten (10) percent or greater interest in the corporation must sign the application for a license as applicant, along with each officer and director of the corporation. If the applicant is a partnership, each partner must sign the application. If the applicant is a limited liability company each member must sign the application. If the applicant is a limited liability partnership each partner must sign the application.

E.

The fact that a person possesses other types of permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business license.

F.

Applications for a license, whether original or renewal, must be made to the zoning enforcement officer by the intended operator of the sexually oriented business. Applications must be submitted by hand delivery to the office of the zoning enforcement officer during regular working hours. Applications forms shall be supplied by the zoning enforcement officer. The intended operator shall be required to give the following information on the application form:

1.

If the applicant is:

a.

An individual, the individual shall state his legal name and address and any aliases;

b.

A partnership, the partnership shall state its complete name, and the names and addresses of all partners and whether the partnership is general or limited;

c.

A limited liability company, the limited liability company shall state its complete name and the names and addresses of all of its members;

d.

A limited liability partnership, the limited liability partnership shall state its complete name and the names and addresses of all of its partners; or

e.

A legal entity other than a partnership, limited liability company or limited liability partnership, the application shall state its complete name, the date and place of its organization, the names, addresses and capacity of all officers and directors of a corporation and of the chief executive officer and manager for any other legal entity, and the name of the resident agent and the address of the registered office for service of process.

2.

The name under which the sexually oriented business is to be operated and a general description of the services to be provided.

3.

The telephone number of the sexually oriented business.

4.

The address and legal description of the real property on which the sexually oriented business is to be located.

5.

If the sexually oriented business is in operation, the date on which the owner(s) acquired the sexually oriented business for which the license is sought, and the date on which the sexually oriented business began operations as a sexually oriented business at the location for which the license is sought.

6.

If the sexually oriented business is not in operation, the expected start-up date (which shall be expressed in number of days from the date of the application). If the expected start-up date is to be more than ten (10) days following the date of the application, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same is also required.

G.

Whether the applicant or any other individual identified in the application had a previous sexually oriented business license under this chapter or other adult business ordinance from another city, village, township or county denied, suspended or revoked, including the name and location of the sexually oriented or adult business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

H.

Whether the applicant or any other individuals identified in the application has been partner in a partnership, a member of a limited liability company or partnership or an officer, director, chief executive officer or manager of any other legal entity that is permitted under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented or adult business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

I.

Whether the applicant or any other individual identified in the application holds any other licenses under this chapter or other similar sexually oriented or adult business ordinance from another city, village, township or county and, if so, the names and locations of such other permitted business.

J.

The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.

K.

The applicant's mailing address and residential address.

L.

The applicant's driver license number, social security number and/or federally issued tax identification number.

M.

The application shall be accompanied by the following:

1.

Payment of the application, investigation and license fees;

2.

If the applicant is an individual, satisfactory proof that he or she is at least eighteen (18) years of age;

3.

If the applicant is a Michigan corporation, a certified copy of the articles of incorporation, together with all amendments thereto, and a current good standing certificate;

4.

If the applicant is a corporation incorporated in another state, a certified copy of the certificate of authority to transact business in Michigan;

5.

If the applicant is a partnership, a copy of the partnership agreement, together with all amendments thereto;

6.

If the applicant is a Michigan limited partnership, a certified copy of the certificate of limited partnership, together with all amendments thereto;

7.

If the applicant is a limited partnership formed under the laws of another state, a certified copy of the Michigan certificate of registration;

8.

If the applicant is a Michigan limited liability company, a certified copy of the articles of organization, together with all amendments thereto;

9.

If the applicant is a limited liability company formed under the laws of another state, a certified copy of the Michigan certificate of authority;

10.

If the applicant is a Michigan limited liability partnership, a certified copy of the registration of limited liability partnership, together with all amendments thereto;

11.

If the applicant is a limited liability partnership formed under the laws of another state, a certified copy of the Michigan registration;

12.

Documentation identifying the owner(s) of the real property on which the sexually oriented business is to be situated;

13.

If the person(s) identified as the owner(s) of the real property identified above is not also the owner(s) of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the real property thereof that is to be used for the purpose of the operation of the sexually oriented business;

14.

A floor plan of the licensed premises with the following requirements:

a.

Location and dimensions of any manager's station, demonstrating that there is an unobstructed view from at least one (1) of the manager's stations of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms;

b.

Location of all overhead lighting fixtures;

c.

Identification of any portion of the premises in which patrons will not be permitted;

d.

Location of the place at which the license will be conspicuously posted, if granted;

e.

The location of any stage;

f.

Identification of the use of each room or other area of the premises; or

g.

A professionally prepared diagram in the nature of an engineer's or architects blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot; and

15.

A current certificate and straight-line drawing, prepared within thirty (30) days prior to the application, by a land surveyor depicting the property lines and the structures containing any sexually oriented business within one thousand (1,000) feet of the closest exterior wall of the structure m which the applicant business will be located and depicting the property line of any church, synagogue, regular place of worship, public or private elementary or secondary school, public school academy, child care center, family day care home, group day care home, public park or library, residential district, or residential lot within 400 feet from the closest exterior wall of the structure in which the applicant business will be located.

Any of items 2. through 15. above shall not be required for a renewal application if the applicant states that the documents previously furnished the zoning enforcement officer with the original application or previous renewals thereof remain correct and current.

N.

The application shall contain a statement under oath that:

1.

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and

2.

The applicant has read the provisions of this chapter.

O.

A separate application and license shall be required for each sexually oriented business.

P.

The zoning enforcement officer shall not accept any application that is not complete in every detail. In the event that the zoning enforcement officer determines that the applicant has improperly completed the application, the applicant shall be promptly notified of such fact and permitted ten (10) days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

Q.

Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change by supplementing the application on file with the zoning enforcement officer shall be grounds for suspension of the license.

(Ord. No. 97-2, § 13, 11-17-97)

A.

The zoning enforcement officer shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application unless he or she finds one (1) or more of the following to be true:

1.

An applicant is under eighteen (18) years of age;

2.

An applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business;

3.

An applicant has failed to provide information reasonably necessary for issuance of the license or has knowingly answered falsely a question or request for information on the application form;

4.

The premises to be used for the sexually oriented business has not been approved by the building inspector and the zoning enforcement officer as being in compliance with applicable laws and ordinances;

5.

The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has had a sexually oriented business license or adult business license revoked or suspended within one (1) year prior to the date of application;

6.

The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has operated a sexually oriented business or adult business which was determined to be a public nuisance under laws of any state, county, city, village or township within one (1) year prior to the date of application;

7.

The applicant is not in good standing or authorized to do business in Michigan;

8.

The application, investigation and license fees have not been paid;

9.

An application of the proposed sexually oriented business is in violation of or is not in compliance with, any of the provisions of this chapter;

10.

Applicant has been convicted of any of the following criminal offenses in any jurisdiction within the last ten (10) years:

a.

Prostitution, procuring a prostitute, or solicitation of a prostitute;

b.

Sale, distribution or display of obscene material;

c.

Sale, distribution or display of material which is harmful to minors;

d.

Soliciting, procuring or aiding and abetting an unlawful sexual performance by a minor;

e.

Possession, sale or distribution of child pornography;

f.

Public lewdness;

g.

Indecent exposure;

h.

Indecent conduct with a child;

i.

Sexual assault or rape;

j.

Incest;

k.

Sexual solicitation of a child;

l.

Contributing to the delinquency of a minor; or

m.

Harboring a runaway child.

B.

The license, if granted, shall 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 shall 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.

C.

The building inspector and zoning enforcement officer shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application.

D.

In the event that the zoning enforcement officer determines that an applicant is not eligible for a license, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days of the receipt of the application by the zoning enforcement officer, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this chapter.

E.

An applicant may appeal the decision of the zoning enforcement officer regarding a denial to the board of zoning appeals by filing a written notice of appeal within fifteen (15) days after the applicant is given notice of the zoning enforcement officer's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The zoning enforcement officer may submit a memorandum in response to the memorandum filed by the applicant on appeal. After reviewing the relevant information the board of zoning appeals shall vote to either uphold or overrule the zoning enforcement officer's decision. Such vote shall be taken within forty-five (45) calendar days after the date on which the board of zoning appeals receives the notice of appeal. However, applicant shall be required to comply with the zoning enforcement officer's decision during the pendency of the appeal.

(Ord. No. 97-2, § 13, 11-17-97)

Upon receipt of a properly completed application, together with all information required in connection therewith, fingerprints and photographs, and the payment of the application, investigation and license fee, the zoning enforcement officer shall transmit the application to the city police department for investigation of the background of each individual applicant, the partners of a partnership, the members of a limited liability company, the partners of a limited liability partnership, or the officers and directors of a corporation and manager of the proposed sexually oriented business. Each applicant shall pay a non-refundable investigation fee at the time the application is filed in an amount established from time to time by resolution of the city council to cover the cost of such investigation. The investigation conducted by the city police department shall be sufficient to verify the accuracy of all the information required by this chapter and shall be non-refundable.

(Ord. No. 97-2, § 13, 11-17-97)

An applicant or licensee shall permit representatives of the city police department, or other city, Kent County, or State of Michigan departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with applicable law.

(Ord. No. 97-2, § 13, 11-17-97)

Each applicant shall pay an application fee at the time of filing an application in an amount as established from time to time by resolution of the city council. Such application fee shall be non-refundable.

(Ord. No. 97-2, § 13, 11-17-97)

A.

Each licensee issued a license pursuant to this chapter shall pay an annual license fee at the time of application for the license as herein provided. The annual license fee shall be established from time to time by resolution of the city council. The license fee shall be refunded if the license is not approved.

B.

In the event of suspension or revocation of a license, or termination of business for any reason whatsoever, no portion of the license fee shall be refunded.

(Ord. No. 97-2, § 13, 11-17-97)

Any application for renewal of a license shall be filed with the zoning enforcement officer not less than forty-five (45) days prior to the date of expiration. The zoning enforcement officer may, for a good cause shown, waive the requirement for timely filing of a renewal application.

(Ord. No. 97-2, § 13, 11-17-97)

A.

All licenses issued pursuant to this chapter shall be for a term of one (1) year. Said term shall commence on January 1 of each year and terminate upon December 31 of the same year. Applications for a license filed at any other time during the year shall be treated the same as if they were filed January 1 of that year and shall terminate on December 31 of that same year, and no pro-ration fees shall be permitted.

B.

When the zoning enforcement officer denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the zoning enforcement officer finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.

(Ord. No. 97-2, § 13, 11-17-97)

The zoning enforcement officer shall suspend a license for a period not to exceed thirty (30) days if he or she determines that the licensee or an employee of a licensee has: (a) violated or is not in compliance with any section of this chapter; (b) become impaired or intoxicated through the use of alcoholic beverages or illegal drugs while on the sexually oriented business premises; (c) refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; or (d) knowingly permitted gambling by any person on the sexually oriented business premises.

(Ord. No. 97-2, § 13, 11-17-97)

A.

The zoning enforcement officer shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding twelve (12) months.

B.

The zoning enforcement officer shall also revoke a license if he or she determines that any of the following has occurred:

1.

Any condition exists that would warrant disapproval of a license as set forth in this chapter;

2.

The licensee, manager or employee has engaged or has allowed patrons or employees to engage in acts of misconduct on the licensed premises in violation of City Code, the laws of the State of Michigan or of the United States when the licensee, manager or employee knew or should have known such acts were taking place; or

3.

Repeated disturbances of public peace have occurred within the licensed sexually oriented business or upon any parking areas, sidewalks, access ways or grounds of the licensed sexually oriented business involving patrons, employees, or the licensee.

C.

When the zoning enforcement officer revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented license for one (1) year from the date revocation became effective. If, subsequent to revocation, the zoning enforcement officer finds that the basis for the revocation has been corrected or abated, a license may be reinstated if at least ninety (90) days have elapsed since the date the revocation became effective.

(Ord. No. 97-2, § 13, 11-17-97)

A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated on the license.

(Ord. No. 97-2, § 13, 11-17-97)

A.

No person shall work as a manager at a sexually oriented business without a current manager's registration under this section. No person shall work as an entertainer at a sexually oriented business in the city without a current entertainer's registration under this section. The registration form for each shall require the applicant to provide his/her legal name and any aliases, home address, telephone number, date of birth and satisfactory proof that he/she is eighteen (18) years of age or older.

B.

The registration year for a manager's registration or an entertainer's registration shall be from January 1 to December 31 of each year. Each such registration shall expire at close of business or midnight, whichever is earlier, on December 31 of each year.

C.

The registration fee for a manager's registration or entertainer's registration shall be as established from time to time by resolution of the city council. The registration fee for each such registration is payable for a full year only and is not refundable.

D.

A manager's registration or entertainer's registration under this section shall not be assigned or transferred.

E.

No person under eighteen (18) years of age may obtain a manager's registration or entertainer's registration.

F.

In order to obtain renewal of a current manager's registration or entertainer's registration, a registration holder must file an application for renewal with the zoning enforcement officer. The renewal fee for each year shall be as established from time to time by resolution of the city council.

G.

In the event a licensee changes the manager of a sexually oriented business, the licensee shall immediately report such change to the zoning enforcement officer and register the new manager within five (5) days of such change.

H.

Each licensee will provide to the zoning enforcement officer the full name, address, telephone number and date of birth of any employee of the sexually oriented business within five (5) days of employment.

(Ord. No. 97-2, § 13, 11-17-97)

A.

It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the sexually oriented business to be visible from a point outside the sexually oriented business.

B.

It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this chapter.

C.

It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the sexually oriented business to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:

1.

The sexually oriented business is a part of a commercial multi-unit center; and

2.

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

D.

Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.

(Ord. No. 97-2, § 13, 11-17-97)

A.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose excluding restrooms from at least one (1) of the manager's station. The view required in this subsection must be by direct line of sight from the manager's station.

B.

A manager's station may not exceed thirty-two (32) square feet of floor area.

C.

No alteration to the configuration or location of a manager's station may be made without the prior approval of the zoning enforcement officer.

D.

Viewing rooms or peep booths must be separated from other viewing rooms or peep booths by a solid, opaque, uninterrupted physical divider which is a minimum one (1) inch thick and serves to prevent physical contact between patrons.

E.

No private viewing rooms or booths shall be constructed unless one (1) side is always open to a central public area. No door shall be placed on any viewing room or peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent viewing rooms or peep booths.

(Ord. No. 97-2, § 13, 11-17-97)

A.

It shall be unlawful for the owner or operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign, as provided herein.

B.

Primary and secondary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only the name of the enterprise.

C.

Each letter forming a word on a primary or secondary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary or secondary sign shall be of a uniform and solid color.

D.

Primary signs shall have no more than two (2) display surfaces. Each such display surface shall be a flat plane, rectangular in shape.

E.

Secondary signs shall have only one (1) display surface. Such display surface shall:

1.

Be a flat plane, rectangular in shape;

2.

Not exceed twenty (20) square feet in area;

3.

Not exceed five (5) feet in height and four (4) feet in width; and

4.

Be affixed or attached to a wall or door of the enterprise.

F.

The requirements of this section are intended to supplement the requirements and limitations of Chapter 20 hereof. In the event of contradictions or inconsistencies, the stricter requirement shall govern.

(Ord. No. 97-2, § 13, 11-17-97)

A.

All off-street parking areas and premises entries of sexually.oriented businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct.

B.

The premises of all sexually oriented businesses, except adult motion picture theaters, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two (2) foot-candle of light as measured at the floor level.

C.

Adult motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than one (1) foot-candle of light as measured at the floor level.

(Ord. No. 97-2, § 13, 11-17-97)

A.

It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time that the sexually oriented business is open for business.

B.

It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business' regular business hours. It shall be the duty of the attendant to not allow any person under the age of eighteen (18) years to enter the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished a valid operator's, commercial operator's, or chauffeur's driver's license; or a valid personal identification certificate issued by the State of Michigan verifying that such person is eighteen (18) years of age or older.

(Ord. No. 97-2, § 13, 11-17-97)

No sexually oriented business, except for an adult motel, shall operate between the hours of 2:00 a.m. and 8:00 a.m.

(Ord. No. 97-2, § 13, 11-17-97)

A.

The following standards of conduct must be adhered to on the licensed premises by the licensee and all employees, managers, officers and agents of any sexually oriented business:

1.

No employee or entertainer mingling with the patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical areas.

2.

No employee or entertainer shall engage in, encourage or knowingly permit any specified sexual activities on the premises of the sexually oriented business.

3.

No employee or entertainer while in view of the patrons on the licensed premises shall be unclothed or in such attire, costume or clothing so as to expose any specified anatomical areas, except upon a stage which shall be fixed and immovable at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron or behind a solid, uninterrupted physical barrier which completely separates the entertainer from any patrons. This barrier must be a minimum of one-quarter (¼) inch thick and have no openings between the entertainer and any patrons.

4.

There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of food and drink prices.

5.

Any tips for entertainers shall be placed by a patron into a tip box which is permanently affixed in the sexually oriented business and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one (1) or more containers to receive tips. Any physical contact between a patron and an entertainer is strictly prohibited.

6.

A sexually oriented business that provides tip boxes shall conspicuously display in the common area of the premises one (1) or more signs in letters at least one (1) inch high to read as follows:

ADULT ENTERTAINMENT IS REGULATED BY THE CITY OF LOWELL. ALL TIPS SHALL BE PLACED IN TIP BOX AND NOT HANDED DIRECTLY TO THE ENTERTAINER. ANY PHYSICAL CONTACT BETWEEN THE PATRON AND THE ENTERTAINER IS STRICTLY PROHIBITED

7.

No adult entertainment occurring on the premises shall be visible at any time from the outside of the premises.

8.

A licensee, manager, or an employee shall not knowingly allow the possession, use, or sale of controlled substances on the premises.

9.

A licensee, manager, or an employee shall not knowingly allow prostitution on the premises.

10.

A licensee, manager, or an employee shall not knowingly operate the sexually oriented business during a period of time when the licensee's license was suspended.

11.

A licensee, manager, or an employee shall not knowingly allow any live specified sexual act to occur in or on the licensed premises.

12.

A licensee, manager, or an employee shall not illegally offer for sale or illegally allow to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds of the licensed premises, narcotics or dangerous drugs or fermented malt, malt, vinous or spirituous beverages.

13.

At least one (1) registered manager or licensee must be on duty and situated in each manager's station at all times that the business is open to the public.

14.

All doors to public areas on the premises must remain unlocked during business hours.

15.

It shall be the duty of the licensee, and it shall also be the duty of any agents and employees present in the premises to ensure that any view area or peep booth remain unobstructed by any doors, curtain, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the license application filed pursuant to this chapter.

16.

No viewing room or peep booth may be occupied by more than one (1) person at any one (1) time.

(Ord. No. 97-2, § 13, 11-17-97)

A.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

B.

It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he or she rents or sub-rents the same sleeping room again.

C.

For purposes of B. above, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. No. 97-2, § 13, 11-17-97)

A.

It shall be unlawful for any establishment, regardless of whether it is a public or private facility, to operate as a massage salon, massage parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the opposite sex unless persons massaging any client or customer is certified as a massage therapist by the American Massage Therapy Association or is a graduate of a school of massage therapy that is certified by the State of Michigan or have other similar qualifications which must be submitted to and approved by the zoning enforcement officer.

(Ord. No. 97-2, § 13, 11-17-97)

A.

Any business lawfully operating on the effective date of this ordinance that is in violation of the location or structural configuration requirements of this chapter shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.

B.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, regular place of religious worship, public or private elementary or secondary school, public school academy, child care center, family day care home, group day care home, public park or library, residential district or residential structure, within four hundred (400) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(Ord. No. 97-2, § 13, 11-17-97)

A.

It is a defense to prosecution under this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

1.

By a proprietary school, licensed by the State of Michigan or a college, junior college, or university supported entirely or partly by taxation; or

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

(Ord. No. 97-2, § 13, 11-17-97)

Any licensee, manager or employee shall immediately report to the city police department any violation of this chapter or any breach of the peace or unlawful or disorderly act, conduct or disturbance committed on the licensed premises, including any parking area or adjoining area under the control or management of the licensee, provided that the licensee, manager or employee knew or should have known of such violation of law.

(Ord. No. 97-2, § 13, 11-17-97)

A.

Any notice required or permitted to be given by the zoning enforcement officer or any other office, department or other agency pursuant to this chapter to any applicant, operator or owner of an sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license which has been received by the zoning enforcement officer, or any notice of address change which has been received by the zoning enforcement officer. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the zoning enforcement officer or his designee shall cause it to be posted at the principal entrance to the sexually oriented business.

B.

Any notice required or permitted to be given to the zoning enforcement officer by any person pursuant to this chapter shall not be deemed given until and unless it is received in the office of the zoning enforcement officer.

C.

It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the zoning enforcement officer in writing of any change of residence or mailing address.

(Ord. No. 97-2, § 13, 11-17-97)

A.

Any person who operates or causes to be operated a sexually oriented business without a license issued pursuant to the provisions of this chapter, shall be subject to a suit for injunction and any other applicable civil remedy, as well as criminal prosecution for violation of this chapter.

B.

It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist enforcement of any provision of this chapter, and any such violation of any provision of this chapter shall be punishable as a criminal misdemeanor.

C.

Each day, or portion thereof, during which any violation of any provision of this chapter shall continue shall constitute a separate offense.

D.

In case of any violation, failure or omission under this chapter, the city or any person affected by any such violation, failure or omission, may, in addition to other remedies provided by law, initiate a civil action for injunction, mandamus, abatement, or other appropriate relief to prevent, enjoin, abate, or remove such violation, failure or omission and in addition, initiate an action for a money demand to recover any damages or any lawful costs or charges incurred in abating the violation.

(Ord. No. 97-2, § 13, 11-17-97)