The purpose and intent of the provisions of this article which pertain to the regulation of sexually-oriented businesses is to regulate the location and operation of, but not to exclude, sexually-oriented businesses within the city, and to minimize the negative secondary impacts of such businesses. It is recognized that sexually-oriented businesses, because of their very nature, have serious, objectionable operating characteristics which cause negative secondary effects upon nearby residential, educational, religious and other similar public and private uses. The regulation of sexually-oriented businesses is necessary to ensure that their negative secondary effects will not cause or contribute to the blighting or downgrading of surrounding areas and will not negatively impact the health, safety, and general welfare of city residents. The provisions of this article are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adults access to sexually-oriented businesses and their products, or to deny sexually-oriented businesses and their products, or to deny sexually-oriented businesses access to their intended market. Nor is it the intent of this article to legitimize activities that are otherwise prohibited by city ordinance, or by state or federal law. If any portion of this article relating to the regulation of sexually-oriented businesses or referenced in those provisions is found to be invalid or unconstitutional by a court of competent jurisdiction, the city intends that such provision or portion should be disregarded, redacted, or revised to the extent necessary so that it is enforceable to the fullest extent permitted by law. The city further states that it would have passed and adopted what remains of any portion or provision of this ordinance that relates to the regulation of sexually-oriented businesses following the removal, redaction, or revision of any portion determined to be invalid or unconstitutional.

(Code 1991, § 19-750; Ord. No. 114, § 1, 1-9-2006)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically controlled, electrically controlled, or mechanically controlled still picture or motion picture machines, projectors, or image-producing or image-projecting devises are maintained to show images to five or fewer persons per machine or device at any time, and where the images so projected, produced or depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a commercial establishment that, as one of its business purposes or services, offers for sale or rental for any form of consideration, any one or more of the following:

(1)

Books, magazines, periodicals computers/internet materials or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas.

(2)

Instruments, devices, or paraphernalia that are designed or may be marketed for use in connection with specified sexual activities.

A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in subsection (1) or (2) of this definition, and still be categorized as an adult bookstore or adult video store. The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if it comprises 40 percent or more of the establishment's gross revenues, or if such materials occupy 40 percent or more of the floor area, display space, or visible inventory within the establishment.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment hat regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances that are characterized by the display or exposure of specified anatomical areas or by specified sexual activities;

(3)

Films, motion pictures, videocassettes, slides, other phonographic reproductions or visual media that are characterized by the depiction or description of specified anatomical areas or specified sexual activities; or

(4)

Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interest or titillation of an audience or customers.

Adult motel means a hotel, motel, or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way that advertises the availability of any of the above;

(2)

Offers a sleeping room for rent for a period of time that is less than 12 hours; or

(3)

Allows a tenant or occupant of a sleeping room to offer it for rent or other consideration for a period of time that is less than 12 hours.

Adult motion picture theater means a commercial establishment which, for any from consideration, regularly or primarily films, motion picture, videocassettes, slides, other phonographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons who appear in a state of nudity, or that regularly features live performances that are characterized by the display or exposure of specified anatomical areas or specified sexual activities.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date of another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its business purposes or services, for a fee, tip, or other consideration.

Nude model studio means any place where a person who 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 other form of consideration, but does not include an educational institution funded, chartered, or recognized by the state.

Nudity means the knowing or intentional display of any individual's genitals, anus, or a female individual's breast, in a public place, or at any other place for payment or promise of payment by any person. An individual's genitals or anus shall be considered to be displayed if it or they are visible; an individual's genitals or anus shall not be displayed if they are covered by a fully opaque covering. A female individual's breast shall be considered to be displayed if the nipple or areola is visible; a female individual's breast shall not be considered to be displayed if the nipple and areola are covered by a fully opaque covering. Payment or promise of payment includes the payment of, or promise of payment of, any consideration or admission fee. The term "public nudity" does not include any of the following:

(1)

The exposure of a woman's breast while breast-feeding a child, whether the nipple or areola is visible during or incidental to the feeding.

(2)

Any display of an individual's genitals or anus, or of a female individual's breast, which occurs as part of the regular curriculum of an educational institution that is funded, chartered, or recognized by the state.

Sexual encounter center means a business or commercial enterprise that, as one of its business purposes or services, offers for any form of consideration any of the following:

(1)

Any physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons, or between persons of the same sex, when one or more of the persons is in a state of nudity.

Sexually-oriented business means a business or commercial enterprise that conducts or engages in any of the activities hereafter defined.

Specified anatomical areas are defined as:

(1)

Less than completely an opaquely covered human genitals, pubic region, buttock or anus; or female breast immediately below the top of the areola; or

(2)

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

Specified sexual activity is defined as:

(1)

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

(2)

Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsection (1), (2), or (3) of this definition.

(Code 1991, § 19-751; Ord. No. 114, § 2, 1-9-2006)

In addition to the permitted uses specified in section 36-690, with the approval of the council the following special exception uses may be authorized in a B-2 business district.

(1)

Office buildings.

(2)

Motor vehicle body and paint shops.

(3)

Lumber yards.

(4)

Outdoor theaters.

(5)

Pet shops and kennels for domestic animals.

(6)

Sexually-oriented businesses.

(7)

Billboard signs.

(8)

Uses similar to the permitted or special exception uses specified in this article which comply with the spirit of this article.

(Code 1991, § 19-752; Ord. No. 114, § 3, 1-9-2006)

In addition to the foregoing requirements of approval of special exception uses, a request for a special exception use to operate a sexually-oriented business shall be subject to the following requirements:

(1)

Licensing. The council may prescribe the terms and conditions upon which a license shall be granted and may require payment of a reasonable and proper sum for a license. The person receiving the license shall, if required by the council or an ordinance of the city, before the issuing of the license, execute a bond to the city in a sum prescribed by the council, with one or more sufficient sureties, conditioned for a faithful performance of the laws relating to the city and the ordinances of the council, and otherwise conditioned as the council may prescribe. A license is revocable by the council. If a license is revoked for noncompliance with the terms and conditions upon which it was granted, or on account of a violation of an ordinance or regulation passed or authorized by the council, the person holding the license shall, in addition to any other sanctions imposed, forfeit payments made for the license. The council may provide sanctions for a person who, without a license, does something for which a license is required by an ordinance of the council.

(2)

Location.

a.

No sexually-oriented business shall be permitted on a lot or parcel which is within 500 feet (measured from property line to property line) of a principal or accessory structure of another sexually-oriented business.

b.

No sexually-oriented business shall be located in any principal or accessory structure which already contains a sexually-oriented business.

c.

No sexually-oriented business shall be located within 500 feet (measured from property line to property line) of any parcel which is zoned RA-1 or RA-2.

d.

No sexually-oriented business shall be located on a lot or parcel within 500 feet (measures from property line to property line) of a public park, school, child care facility, church, or place of worship.

(3)

Uses. The proposed use of a sexually-oriented business shall otherwise comply with all requirements of the B-2 business district; with all requirements of this chapter regarding off-street parking, loading, and storage areas; and with all requirements of this chapter pertaining to landscaping.

(4)

Signs.

a.

Any sign or signs proposed for the sexually-oriented business must comply with the requirement of this article, and shall not include photographs, silhouette drawings, or pictorial representations that depict or relate to specified anatomical areas or specified sexual activities of any type, nor include any animated illumination or flashing illumination.

b.

Signs must be posted on both the exterior and interior walls of the entrances, in a location which is clearly visible to those entering or exiting the business, and using lettering which is at least two inches in height, that read:

1.

"Persons under the age of 18 years are not permitted to enter the premises."

2.

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(5)

Display. No product for sale or gift, nor any picture or other representation of any product for sale or gift that depicts or relates to specified anatomical areas or specified sexual activities, shall be displayed so that it is visible by a person of normal visual acuity from the nearest adjoining roadway or adjoining property.

(6)

Parking areas illuminated. All off-street parking areas shall be illuminated from at least 90 minutes prior to sunset to at least 60 minutes after closing.

(7)

Hours. No sexually-oriented business shall be open for business prior to 10:00 a.m., nor after 10:00 p.m. However, employees or other agents, or contractors of the business are permitted to be on the premises at other hours for legitimate business purposes such as maintenance, clean-up, preparation, record keeping, and similar purposes.

(8)

Other requirenents. Except in the case of an adult motel, any booth, room, or cubicle available for use by a patron of a sexually-oriented business for the purpose of viewing any entertainment characterized by the showing or depiction of specified anatomical areas or specified sexual activity must comply with the following requirements:

a.

It must be handicap accessible to the extent required by the Americans with Disabilities Act;

b.

It must be unobstructed by any door, lock, or other entrance/exit control devise;

c.

It must have at least one side which is totally open to the public and a lighted aisle, so that there is an unobstructed view of any occupant at all times from the adjoining aisle;

d.

It must be illuminated to that a person of normal visual acuity could look into the booth, room, or cubicle from its entrance adjoining the public aisle and clearly determine the number of persons within; and

e.

It must have no holes or openings in any side or rear walls, unless such holes or openings are for the purpose of providing utilities, ventilation, or temperature control services to the booth, room or cubicle, or unless such holes or openings are otherwise required by state construction code requirements.

(Code 1991, § 19-753; Ord. No. 114, §§ 4, 5, 1-9-2006)

Minimum penalty. The penalty for any violation of this article shall be a municipal civil infraction, except that the minimum penalty for a first conviction shall be $100.00 plus closing the doors of the business for five days; the minimum penalty for a second conviction within one year shall be $250.00 plus closing the doors of the business for ten days; and the minimum penalty for a subsequent conviction within one year shall be $500.00 and the revoking of the business license.

(Code 1991, § 19-754; Ord. No. 114, § 6, 1-9-2006)