(a)

No person shall use any public right-of-way, or any public or private property, facility or residence for "film activity", which for purposes of this article, means producing, recording or filming any motion picture, documentary, television, radio or other photographic, video and/or audio production or content, unless a permit for the activity is first obtained as provided in this article.

(b)

The provisions of this article shall not apply to the following:

(1)

Current news productions, which includes reporters, photographers or camera persons in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events.

(2)

Productions by township or school public, education or government access organizations, or by or at the direction of the township.

(3)

Productions which are conducted within legally established commercial motion picture/television/radio/ photography studios.

(4)

Private events filmed or photographed for noncommercial purposes, such as private parties or weddings.

(Ord. No. C-757, § 1, 11-14-11)

At least fifteen (15) township business days in advance, a person desiring to conduct a film activity in the township shall apply for a permit to the township community development department by furnishing all information required in this article. Failure to submit a timely application does not prevent the township from issuing a permit if all requirements are satisfied. The application shall be on a form provided by that department and will not be processed unless it is signed and accompanied by the required fee, insurance certificate(s) and hold harmless agreement required by this article.

(Ord. No. C-757, § 1, 11-14-11)

The permit application shall include the following information:

(1)

The names, mailing addresses, email addresses and phone numbers of the production company responsible for the film activity, the person making the application, and the location manager that will have on-site responsibility for the proposed film activity.

(2)

The addresses, legal descriptions and proof of ownership of all sites at which the proposed film activity is to be conducted. Where the applicant does not own the site, an affidavit from the owner(s) consenting to the proposed film activity shall be provided.

(3)

A statement of the kind, character and type of proposed film activity for each site and date, specifically including special effects such as gunfire, explosives, pyrotechnics, fire, aircraft and motor vehicle collisions or operations.

(4)

The dates and hours during which the proposed film activity is to be conducted.

(5)

A description of the number and positions of people, the number and types of vehicles, equipment and machinery, and the types of scenes and any special effects, that will be involved in the proposed film activity.

(6)

A description of proposed street closures and any emergency or public safety services being requested for the proposed film activity.

(7)

A description of the security, traffic, parking and crowd control, and other measures that will be provided for the proposed film activity.

(8)

A description of any intended alteration of land or construction or alteration, including demolition, of existing or new permanent or temporary buildings, structures or sets, and plans for obtaining required electrical and other utility services, sufficient for a determination to be made regarding required building, electrical, mechanical and other permits.

(9)

A description of all other governmental permits or approvals that have been applied for or obtained for the proposed film activity, with copies of the permits and applications.

(10)

A proposed notice for use in satisfying the requirements in subsection 6-258(2).

(Ord. No. C-757, § 1, 11-14-11)

Each application shall be accompanied by a nonrefundable application fee, and such other fees in connection with the review, processing, issuance and administration of the requested permit in amounts established by resolution of the township board.

(Ord. No. C-757, § 1, 11-14-11)

(a)

Each application shall be accompanied by insurance certificates confirming the existence of the coverage specified in this section for all dates of proposed film activity.

(b)

Commercial general liability insurance of at least one million dollars ($1,000,000.00) to protect the township as an added insured against claims of third persons for personal injury, wrongful death and property damage and to indemnify the township for damage to township property arising out of the film activity. The minimum insurance amount shall be increased to five million dollars ($5,000,000.00) if motor vehicles, aircraft, helicopters, explosives or pyrotechnics will be used in the activity.

(c)

Statutorily required automobile insurance for all motor vehicles to be used, and workers compensation insurance for all production company personnel to be involved, in the film activity.

(Ord. No. C-757, § 1, 11-14-11)

An authorized official of the production company responsible for the film activity shall execute a hold harmless agreement that provides substantially as follows:

 "The undersigned company being permitted to film in the Charter Township of West Bloomfield, agrees to defend, indemnify and hold harmless the Charter Township of West Bloomfield, its Board, and its agents, officials, and employees, from and against any and all claims, loss, liability, damages, costs, expenses, and legal fees incurred, including, but not limited to, any and all liability for damage to property and/or any and all liability for personal injury or death as a result of the activity, event, or use provided for which the Township issued a film activity permit, and/or as a result of participation in or attendance at the activity, event, or use allowed by that permit, caused by the negligent acts, errors or omissions of the company, its agents, subcontractors, or employees, or others, except to the extent such claim, loss, liability, damage, cost, or expense is solely caused by the negligence or willful misconduct of the township."

(Ord. No. C-757, § 1, 11-14-11)

Upon receipt of the completed permit application, the community development department shall forward copies to the police chief, fire chief, and other township departments and officials as deemed necessary based on the proposed film activity. Such officers, departments and officials shall review and investigate matters relevant to the application and provide their findings and recommendations in written form to the director of the community development department or his or her designee.

(Ord. No. C-757, § 1, 11-14-11)

Reviews and recommendations on an application for a film activity permit under this article shall be to assure that the following standards, which will be conditions of every permit issued, are satisfied:

(1)

Security personnel. A sufficient number of trained and qualified security personnel shall be provided at all locations and for all dates of the film activity, with this determination to be by the police chief or his/her designee.

(2)

Notification. All residents, occupants and businesses adjoining or within the same subdivision or development of film activity locations, or whose ingress/egress may be affected, shall be notified in advance of filming in a manner approved by the planning division, with the notification to include the dates, times, location and nature of film activities, including information on planned special effects, road and lane closures, parking restrictions, and other disruptions to normal activities in the area.

(3)

Access. Film activity and vehicles and equipment used may not block, obstruct or interfere with parking lot access drives, fire hydrants, or fire lanes, and must allow a minimum of twenty (20) feet of clearance between vehicles parked on either side of the road for emergency response vehicles to pass.

(4)

Base camps. Base camps for persons involved in the film activity may not be located on a public street and only production vehicles necessary to actual filming may be parked on a public street. Crew parking, catering, and other vehicles and equipment shall be at a predetermined and lawful location.

(5)

Fire protection. Adequate steps and measures as determined by the fire chief to ensure fire protection and compliance with applicable fire codes shall be provided.

(6)

Police protection. Adequate steps and measures as determined by the police chief for traffic safety, crowd control and compliance with applicable police enforced laws and ordinances shall be provided.

(7)

Other permits and approvals. All other required township and governmental permits have been or will be obtained and all conditions of and fees for such permits will be satisfied.

(8)

Other conditions. Other conditions reasonably calculated to ensure compliance with the requirements of this article and to protect the health, safety, welfare and property of attendants or of citizens of the township, including limitations on the duration and locations of the film activities.

(Ord. No. C-757, § 1, 11-14-11)

In processing a permit application required by this article, the director of the community development department shall find that:

(1)

Adequate advance notice of any street closure or right-of-way disruption shall be given, and a permit obtained in accordance with the provisions of chapter 20, article III, division 2 of this Code.

(2)

The conduct of such activity will not unduly interfere with normal governmental or township operations, threaten to result in damage or detriment to public or private property, or result in the township incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

(3)

The film activity will not constitute a fire hazard or any other type of hazard and all property safety precautions will be taken as determined by the police and fire chiefs and other applicable township department heads or their designees.

(4)

All other governmental permits or approvals have been or will be obtained and complied with.

(5)

If township owned or controlled property will be used, the film activity will not include obscene matter, an obscene performance, or require that individually identifiable records be created and maintained for every performer as provided in 18 USC 2557.

(Ord. No. C-757, § 1, 11-14-11)

(a)

The decision of the community development department director to approve, conditionally approve, or deny a permit shall be final unless appealed in writing within five (5) township business days of the decision by filing with the township clerk, a written request for a hearing before the township board of trustees at its next regular meeting. If conditions are imposed as a prerequisite to the issuance of a permit or if a permit is denied, notice thereof shall be mailed to the applicant within five (5) days of such action. In the case of a permit denial, the reasons therefore shall be stated in the notice.

(b)

A film activity permit required by this article, may be denied if:

(1)

The applicant fails to comply with all requirements of this article or other applicable provision of state, local, or federal laws, rules, or regulations;

(2)

The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.

(Ord. No. C-757, § 1, 11-14-11)

A permit issued under this article shall specify the name and address of the production company, the name, title and contact information for the location manager, the dates, hours, duration, kind and location of the filming activity, the maximum number of attendants permissible, and shall be considered as including and requiring continuing compliance with all requirements and conditions in this article. It shall be posted in a conspicuous place at the location of each filming activity, and shall not be transferred to any other person or location.

(Ord. No. C-757, § 1, 11-14-11)

(a)

The community development department director may revoke a film activity permit for a failure, neglect or refusal to fully comply with one (1) or more requirements in this article, permit conditions, or other applicable laws.

(b)

A permit and rights to conduct film activities under it shall be deemed automatically suspended if riotous, disorderly, obscene, or otherwise unlawful conduct occurs at a filming location or if an assembly exceeds one hundred twenty-five (125) percent of the allowed attendance. In such instances the film activity location may be closed by the police department and the assembly dispersed.

(Ord. No. C-757, § 1, 11-14-11)

If deemed necessary by the community development department director, additional police, code enforcement, fire, and other township services shall be provided for the purpose of protecting, assisting, controlling and regulating the permitted film activity. The cost of providing such additional services shall be paid in advance to the township by the applicant.

(Ord. No. C-757, § 1, 11-14-11)

The production company shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use, maintenance of all areas used, and the clean-up of trash and debris on a daily basis. Upon completion of film activity at a location, that location shall be immediately restored to the same or better condition than existed before the film activity, including the repair of all damaged or disrupted areas. If a site is not restored to the township's satisfaction, the township may have the necessary restoration performed and the production company shall immediately pay or reimburse the township for such work upon receipt of the township's invoice for said work.

(Ord. No. C-757, § 1, 11-14-11)

The following words, terms and phrases, when used in this article shall have the meanings respectively ascribed to them in this section:

Coin-operated amusement device means any instrument, machine or contrivance which may be operated or set in motion upon the insertion of a coin or token, and which provides amusement, information or entertainment.

Distributor means any person who places coin-operated amusement devices in any place or establishment, excluding "owner" as defined in this section, for purposes of operation.

Owner means any person who owns, operates or conducts any place or establishment in which any coin-operated amusement device may be operated.

(Ord. No. 82, § 1, 9-4-73)

Cross reference— Definitions and rules of construction generally, § 1-2.

The operating or playing of any coin-operated amusement device is prohibited unless a person eighteen (18) years of age or older is in control of the premises.

(Ord. No. 82, § 6, 9-4-73; Ord. No. 82-B, 2-5-79)

(a)

It shall be unlawful for any person to maintain or distribute for the purpose of operation any coin-operated amusement device without having first procured a license from the township permitting such maintenance or distribution.

(b)

No such license shall be issued to a business whose primary activity is the maintaining and operating of coin-operated amusement devices, unless such business activity meets the zoning criteria in subsection 26-133(4).

(Ord. No. 82, § 2, 9-4-73; Ord. No. 82-C, 6-1-81)

(a)

An application for a coin-operated amusement device license shall be made to the township clerk on a form provided by him, and shall be in accordance with the provisions of this section. The application for license shall state, among other things, the number and type of machines or devices intended to be operated, the proposed locations for such machines or devices, the proposed business address and full name, present address and date of birth of each and every owner of such business.

(b)

The application for license shall be accompanied by the license fee, which shall be that fee established by resolution of the township board.

(c)

The application for license shall also be accompanied by a drawing showing the floor plan of the proposed business, all exits, the proposed location of each coin-operated device and its serial number and/or other identification.

(d)

No license shall be issued until such time as the fire chief has determined that the proposed location of each coin-operated amusement device will not interfere with egress from the building in case of fire, and that all fire regulations have been satisfied.

(e)

No license shall be issued until such time as the building department director has determined that all electrical, pneumatic and hydraulic connections to each coin-operated amusement device comply with the relevant township ordinances, and that all building and zoning regulations have been satisfied.

(f)

No license shall be issued until such time as the police chief has determined that the applicant, or each officer and each director if the applicant is a corporation, has not been convicted within the preceding two (2) years of any violation of any criminal statute of this state, or of any ordinance, except traffic offenses, regulating, controlling or in any way relating to the construction, use or operation of any establishments included in this article, which evidences a flagrant disregard of the safety or welfare of either the patrons, employees or persons residing or doing business nearby.

(g)

If, after the issuance of any license, a licensee desires to operate other coin-operated amusement devices in addition to those licensed, the applicant shall submit an amended application, in form similar to the original application, showing the addition, changes or modifications as desired. Any drawings or other information filed with the original application and not affected by the additions, changes or modifications requested may be incorporated by reference in the amended applications.

(h)

The term of any license granted shall begin January first of the license year and shall terminate at midnight on December thirty-first of that year. Original licenses shall be issued for the balance of the license year at the full license fee. License applications for license renewals shall be accepted and licenses issued for a period of fifteen (15) days prior to the annual expiration date, and as further provided in section 6-38.

(Ord. No. 82, § 3, 9-4-73; Ord. No. 82-A, 1-17-77)

The fire chief, police chief and the building department director shall either approve or disapprove applications for coin-operated amusement device licenses within fifteen (15) days of receipt by them, and forward such recommendation to the township clerk. Should an application be disapproved, the reason therefor shall be endorsed upon the application and the applicant shall be notified thereof. The applicant shall be entitled to request a hearing before the township board in the event of disapproval of an application.

(Ord. No. 82, § 4, 9-4-73)

No license fee shall be required for any person exempt from such fee by state or federal law. Such person shall comply with all other provisions of this article. The township clerk shall in all such cases issue to such persons licenses which are clearly marked as to the exemption and the reasons therefor.

(Ord. No. 82, § 5, 9-4-73)

A license issued pursuant to this division shall be exhibited at all times in some conspicuous place in the place of business. License tags or stickers shall be displayed on each coin-operated amusement device for which issued, as furnished by the township clerk. It shall be unlawful for any person to display any expired, revoked or fictitious licenses.

(Ord. No. 82, § 7, 9-4-73)

It shall be unlawful to transfer any coin-operated amusement device license from the licensee to any other person. It shall further be unlawful to transfer any license, tag or sticker from the coin-operated amusement device for which issued to any other device.

(Ord. No. 82, § 8, 9-4-73)

Any coin-operated amusement device license may be suspended or revoked by the township board for any violation of this article. Such action may be taken in addition to any other actions authorized by this article.

(Ord. No. 82, § 9, 9-4-73)

An application for renewal of a coin-operated amusement device license shall be considered in the same manner as an original application.

(Ord. No. 82, § 10, 9-4-73; Ord. No. 82-A, 1-17-77)

The township board hereby determines that it is necessary to protect the health and safety of persons and property within the township, and that carnivals and similar types of amusement should therefore be licensed and controlled.

(Ord. No. 74, § 1, 4-2-73)

The operation of any carnival or similar type of amusement must be orderly and in keeping with the nature of the amusement at all times. It shall be unlawful for any person attending such amusement to create a disturbance in the audience. It shall be unlawful for the licensee to so operate the amusement as to permit or encourage the creation of disturbances or breaches of the peace.

(Ord. No. 74, § 8, 4-2-73)

It shall be unlawful to conduct or operate a carnival or similar type of amusement which is open to the public without having first secured a license therefor, in accordance with this division. Applications for such licenses shall be made to the township clerk and shall include the name of the applicant, all of the partners if the applicant is a partnership, all of the officers and directors if the applicant is a corporation, the present residence addresses of all such persons, the address at which the amusement is to be conducted, the exact nature of the amusement, and information as to whether the applicant has ever had a license to conduct such an amusement denied or revoked and whether the applicant has ever been convicted of a felony. Such application shall be on forms as required by the township and which shall be filled out completely prior to the application being considered.

(Ord. No. 74, § 2, 4-2-73)

The township clerk shall refer an application for a license under this division promptly to the police chief, who shall conduct an investigation and make his report and recommendations. No license shall be issued until such time as the police chief has determined that the applicant, or each officer and each director if the applicant is a corporation, has not been convicted within the preceding two (2) years of any violation of any criminal statute of this state, or of any ordinance, except traffic offenses, regulating, controlling or in any way relating to the construction, use or operation of any establishments included in this article, which evidences a flagrant disregard of the safety or welfare of either the patrons, employees or persons residing or doing business nearby.

(Ord. No. 74, § 3, 4-2-73)

Following receipt of the report and recommendations of the police chief, the township clerk shall place the matter on the agenda for the next regular township board meeting for approval or rejection of the application based upon the criteria set out in section 6-72. If the application is approved, the township clerk shall issue the appropriate license upon payment of the required fee. The amount of such fee shall be established by resolution of the township board.

(Ord. No. 74, § 4, 4-2-73)

A license to operate a carnival or similar type of amusement shall be issued for a period to be established by the township board. Licenses issued under this division are not renewable.

(Ord. No. 74, § 5, 4-2-73)

It shall be a condition precedent to the issuance of a license to operate a carnival or similar type of amusement that the applicant post with the township a cash deposit in the amount prescribed by resolution of the township board. The condition of such deposit shall be that the licensee shall obey all of the laws of the state and the ordinances of the township in connection with the operation of the amusement, shall cease operation on or before the expiration of the license, and shall remove all equipment, paraphernalia and other personal property belonging to the amusement from the premises thereafter.

(Ord. No. 74, § 6, 4-2-73)

No license shall be issued for any carnival or other amusement for the operation of such carnival or other amusement at any location where such use is not permitted by the township zoning ordinance, nor shall a license be issued for any such amusement to be given on any public street or sidewalk or in such place that the only main accommodation for the public or the audience will be in a public place; provided, however, that this section shall not apply to the operation of a carnival or other such amusement on school property where such operation has been specifically approved by the board of education having jurisdiction.

(Ord. No. 74, § 7, 4-2-73)

(a)

Intent. It is the intent of this article to ensure that large outdoor gatherings are conducted in a safe, sanitary and healthy manner, and to protect the interests of the general public attending such gatherings.

(b)

Short title. This article shall be known and may be cited as the West Bloomfield Township "Ordinance to License Outdoor Gatherings," and shall hereinafter be referred to as "this article."

(Ord. No. C-143, 9-19-88)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

Attendant means any person who obtains admission to an outdoor assembly by the payment of money or by the rendering of services in lieu of the payment of money for admission.

Licensee means any person to whom a license is issued pursuant to this article.

Outdoor assembly means any event anticipated or intended to be attended, or which is in fact attended, by more than three hundred (300) people within a twenty-four-hour period where, all or any part of the event includes a theatrical exhibition, public show, display, entertainment, amusement, auto show, recreational show, home display, or other exhibition, including, without limitation, music or other festivals, or similar gatherings, but does not mean:

(1)

An event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property; or

(2)

An event held entirely within the confined of a permanently enclosed building.

Sponsor means any person who organizes, promotes, conducts or causes to be conducted an outdoor assembly.

(Ord. No. C-143, 9-19-88)

It shall be unlawful for any person, licensee, employee, sponsor or agent to knowingly:

(1)

Advertise, promote or sell tickets to, conduct or operate an outdoor assembly without first obtaining a license as provided in this article;

(2)

Conduct or operate an outdoor assembly in such manner as to create a public or private nuisance;

(3)

Conduct or permit, within or as part of the outdoor assembly, any obscene display, exhibition, show, play, entertainment or amusement;

(4)

Permit any person to unlawfully use, sell or possess any controlled substances as defined by law; or

(5)

Conduct or operate an outdoor assembly in violation of this article or in violation of a license granted pursuant to this article, including any conditions specified in the license.

(Ord. No. C-143, 9-19-88)

A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in West Bloomfield Township unless he or she shall have first made application for, and shall have obtained, a license for each such outdoor assembly under this article.

(Ord. No. C-143, 9-19-88)

Application for a license to conduct an outdoor assembly must be made in writing at least sixty (60) days prior to the date of the proposed assembly. Each application shall be filed with the township clerk, accompanied by a nonrefundable application fee in an amount estimated to cover the township's minimum administrative and other costs incurred in reviewing and providing public notice of the application and issuing and monitoring compliance with the license, in an amount established by resolution of the township board. If due to the size, hours, duration, complexities or other aspects of the proposed assembly, the application fee is or will be insufficient to cover the township's costs, as a condition of completion of the township's review of the application and/or approval or issuance of the license, the applicant shall be required to pay an additional nonrefundable application fee in an amount to cover the deficiency as identified in a written notice from the township. The nonrefundable application fees required by this section do not include or waive review expenses that are separately payable under section 2-202 or other applicable provisions of the code, for township services or personnel that are needed to satisfy the requirements for issuance of a license in section 6-117. The application shall include at least the following information:

(1)

The name, residence and business address, and phone number of the person making the application, the owner of the property, the proposed licensee and the principal sponsor of the outdoor assembly;

(2)

A statement of the kind, character and type of proposed outdoor assembly;

(3)

Where the address, legal description and proof of ownership is not vested in the prospective licensee, he shall submit an affidavit from the owner indicating his consent to the use of the site for the proposed outdoor assembly;

(4)

The dates and hours during which the proposed assembly is to be conducted;

(5)

An estimate of the maximum number of attendants expected at the outdoor assembly for each day it is conducted;

(6)

A detailed explanation, including drawings and diagrams where applicable, of the plans to provide for the following:

a.

Police and fire protection, and on-and off-site traffic control, if appropriate;

b.

Food and water supply and facilities;

c.

Health and sanitation facilities;

d.

Medical facilities and services, including emergency vehicles and equipment;

e.

Vehicle access and parking facilities;

f.

Camping and trailer facilities;

g.

Illumination facilities;

h.

Communications facilities;

i.

Noise control and abatement;

j.

Facilities for cleanup and waste disposal;

k.

Insurance and bonding arrangements.

(7)

A map of the overall site of the proposed outdoor assembly.

(Ord. No. C-143, 9-19-88; Ord. No. C-143-A, § 1, 7-16-07)

On receipt by the clerk, copies of the application shall be forwarded to the township police chief, township fire chief and to such other appropriate public officials as the clerk or township board shall deem necessary. Such officers and officials shall review and investigate matters relevant to the application and within twenty (20) days of receipt thereof shall report their findings and recommendations to the township board.

(Ord. No. C-143, 9-19-88)

After receipt and appropriate review of the application, and receipt of reports from all public officials to whom the application had been transmitted, the township clerk shall schedule the application on the agenda of the township board, and shall give notice of such meeting date, time and place to properties within three hundred (300) feet of the proposed licensed premises. After allowing the applicant and other interested persons to address the application at the meeting, the township board shall consider and determine whether to issue or deny the license, or issue the license with conditions. The township board may require that adequate security and/or insurance to be provided as a condition to licensure. Where conditions are imposed, such conditions shall be stated as part of the license issued. Where a license is denied, the minutes of the township board shall reflect the reasons for denial.

(Ord. No. C-143, 9-19-88)

A license may be denied under this article if:

(1)

The applicant fails to comply with any or all requirements of this article, or with any other applicable provision of state law or local ordinance.

(2)

The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.

(3)

The applicant has failed to demonstrate that the outdoor assembly can be conducted in a safe, sanitary and healthy manner, and/or has failed to demonstrate that the outdoor assembly can be conducted without unreasonably interfering with surrounding properties, traffic and/or the like.

(Ord. No. C-143, 9-19-88)

In processing an application under this article, the township board shall, at a minimum, require the following:

(1)

Security personnel. The licensee shall employ such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of attendants at the assembly and for the preservation of order and protection of property in and around the site of the assembly.

(2)

Water facilities. The licensee shall provide potable water, sufficient in quantity and pressure to assure proper operation of all water using facilities under conditions of peak demand. Such water shall be supplied from a public water system, if available, and if not available, then from a source approved in accordance with law.

(3)

Restroom facilities. The licensee shall provide separate enclosed restroom facilities approved for the proposed use under applicable state law and local regulations. Such facilities shall be provided in sufficient number, as determined appropriate by the township board based upon prudent standards.

(4)

Food service. If food service is made available on the premises, it shall be delivered only through concessions licensed and operated in accordance with the provisions of applicable health code and regulation.

(5)

Waste disposal:

a.

The licensee shall provide for waste storage on, and removal from, the premises. Storage shall be in approved, covered, fly-tight and rodent-proof containers, provided in sufficient quantity to accommodate the number of attendants.

b.

The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises. Poisonous materials, such as insecticides or rodenticides, shall not be used in any way so as to contaminate food, equipment or otherwise constitute a hazard to the public health. Solid waste containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin.

(6)

Access and traffic control. The licensee shall plan and provide for safe ingress to and egress from the premises so as to ensure the orderly flow of traffic onto and off of the premises. Access to the premises shall be from a highway or road which is a part of the county system of highways or which is a highway maintained by the state. Traffic lanes and other space shall be provided, designated and kept open for access by ambulance, fire equipment, helicopter and other emergency vehicles. Prior to the issuance of a license, the township board may require that the director of the department of state police and/or the Oakland County Road Commission approve the licensee's plan for access and traffic control.

(7)

Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles, as determined by the township board.

(8)

Illumination. The licensee shall provide electrical illumination of all occupied areas sufficient to ensure the safety and comfort of all attendants, and ensure that there is no unreasonable interference or intrusion upon adjoining properties. The licensee's lighting plan shall be approved prior to licensure.

(9)

Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits and coverage as required by the township board from a company or companies approved by the state commissioner of insurance, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the township clerk, in writing, at least ten (10) days before the expiration or cancellation of the insurance.

(10)

Bonding. Before the issuance of a license, the licensee shall obtain from a corporate surety a bond in an amount deemed reasonable by the township board. The bond shall be, in a form to be approved by the township attorney, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this article and all applicable provisions of state law and local ordinance, and ensure a timely cleanup of the site. The bond shall further secure the licensee's indemnification of the township, its officers and employees and officials against any and all loss, injury or damage arising out of or in any way connected with the outdoor assembly, and licensure of the assembly.

(11)

Fire protection. The licensee shall take adequate steps as determined by the fire chief to ensure fire protection.

(12)

Sound-producing equipment. Sound-producing equipment, including, but not limited to, public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the assembly so as to be unreasonable loud or raucous, or so as to be a nuisance or disturbance to the peace and tranquility of the citizens of the township.

(13)

Fencing. The township board may require the licensee to erect a fence completely enclosing the site of sufficient height and strength as will preclude persons in excess of the maximum permissible attendants from gaining access and which will have sufficient gates properly located so as to provide ready and safe ingress and egress.

(14)

Miscellaneous. Prior to the issuance of a license, the township board may impose any other conditions reasonably calculated to protect the health, safety, welfare and property of attendants or of citizens of the township.

(Ord. No. C-143, 9-19-88)

A license shall specify the name and address of the licensee, the kind and location of the outdoor assembly, the maximum number of attendants permissible, the duration of the license and any other conditions imposed pursuant to this article. It shall be posted in a conspicuous place upon the premises of the assembly, and shall not be transferred to any other person or location.

(Ord. No. C-143, 9-19-88)

The township board may revoke a license whenever the licensee, his employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth in this article and/or with any and all conditions stated in the license.

(Ord. No. C-143, 9-19-88)

(a)

Purpose. It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the township, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the township. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to deny access by adults to sexually oriented materials protected by the First Amendment of the United Constitution and/or Michigan Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.

(b)

Findings and rationale. Based on evidence of the adverse secondary effects of sexually oriented businesses presented in hearings and in reports made available to the township board, and on findings, interpretations, and narrowing constructions incorporated in the cases of: City of Littleton v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entertainment Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); Deja Vu of Nashville, Inc. v. Metropolitan Gov't of Nashville and Davidson County, 466 F.3d 391 (6th Cir. 2006); Big Dipper Entertainment, LLC v. City of Warren, 658 F. Supp. 2d 831 (E.D. Mich. 2009); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Deja Vu of Cincinnati, L.L.C. v. Union Township Bd. of Trustees, 411 F.3d 777 (6th Cir. 2005) (en banc); Little Mack Entm't II, Inc. v. Twp. of Marengo, 2008 WL 2783252 (W.D. Mich. July 17, 2008); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); City of Chicago v. Pooh Bah Enterprises, Inc., 865 N.E.2d 133 (Ill. 2006); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); 181 South, Inc. v. Fischer, 454 F.3d 228 (3rd Cir. 2006); Bronco's Entm't, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 440 (6th Cir. 2005);Charter Twp. of Van Buren v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456 Mich. 704 (1998); Rental Property Owners Ass'n of Kent County v. City of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich. App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Kentucky Restaurant Concepts, Inc. v. City of Louisville, 209 F. Supp. 2d 672 (W.D. Ky. 2002); Restaurant Ventures v. Lexington-Fayette Urban County Gov't, 60 S.W.3d 572 (Ky. Ct. App. 2001); Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 274 F.3d 377 (6th Cir. 2001); Ctr. for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Bigg Wolf Discount Video Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Brandywine, Inc. v. City of Richmond, 359 F.3d 830 (6th Cir. 2004); Currence v. City of Cincinnati, 28 Fed. Appx. 438 (6th Cir. 2002); Broadway Books v. Roberts, 642 F. Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F. Supp. 378 (E.D. Ky. 1993); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir. 1994); O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Threesome Entertainment v. Strittmather, 4 F. Supp. 2d 710 (N.D. Ohio 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997), aff'd in part, rev'd in part, 176 F.3d 1358 (11th Cir. 1999); In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. 1999); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); People Theatres of N.Y., Inc. v. City of New York, 793 N.Y.S.2d 356 (N.Y. App. Div. 2005); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Jott, Inc. v. Clinton Twp., 224 Mich. App. 513 (Ct. App. MI 1997); BZAPs, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); 5634 East Hillsborough Ave., Inc. v. Hillsborough County, 294 Fed. Appx. 435 (2008) (affirming 2007 WL 293621, FL 2007); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Board of County Commissioners v. Dexterhouse, 348 So.3d 916 (Ct. App. FL 1977); Deja Vu of Cincinnati, L.L.C. v. Union Township Bd. Of Trustees, 411 F.3d 777 (6th Cir. 2005); Willis v. Town of Marshall, 426 F.3d 251 (4th Cir. 2005); City of Dallas v. Stanglin, 490 U.S. 19 (1989); Hamilton's Bogarts, Inc. v. Michigan, 501 F.3d 644 (6th Cir. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); 84 Video/Newsstand, Inc. v. Sartini, 455 Fed. Appx. 541 (6th Cir. 2011); Entertainment Productions, Inc. v. Shelby County, Tennessee, 2011 WL 3903002, (W.D. TN 2011); Entertainment Productions, Inc. d/b/a Christie's Cabaret et al. v. Shelby County, Unpublished, 2011 Lexis 100104; International Eateries of America, Inc. v. Broward County, 941 F.2d 1157 (11th Cir. 1991); 35 Bar and Grille, L.L.C., v. The City of San Antonio, 2013 U.S. Dist. Lexis 65756. Decisions although no longer followed for legal, precedent, contain evidence of secondary effects presented in the following cases: California v. LaRue, 409 U.S. 109 (1972); New York State Liquor Authority v. Bellanca, DBA The Main Event, 452 U.S. 714 (1981); City of Newport, Kentucky, et al. v. Iacobucci, DBA, Talk of the Towns, et al., 479 U.S. 92(1986); Lanier v. City of Newton, Alabama, ect., 842 F.2d.253 (1988), and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to: Regulating Sexually Oriented Businesses, City of Cedar Hill, Texas September 14, 2010; Summary: Excerpts of Police Reports Re: Detroit sexually oriented businesses, 2005-2009; City of Warren Police Investigation, 2005; Survey of Texas Appraisers, June 2008; Report to the County Attorney, Palm Beach County August 15, 2007; Adult businesses and crime: Seeking a better understanding, McCord and Tewksbury; Reliable Consultants, Inc. v. City of Kennedale, Texas, Civil Action No. 04:05-CV-166-A; Expert Report of Richard McCleary, PhD.: B World Enterprises v. City of Warren USDC No. 04-72465; An Analysis of the Effects of SOBs on the Surrounding Neighborhood, April 1997; Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area, April 1994; Affidavit of Richard McCleary, PhD., New Albany DVD, LLC v. City of New Albany, Indiana, Cause No. 4:04-CV-0052-SEB-WGH; Expert Report of Richard McCleary, PhD., Illusions-Dallas Private Club, Inc v. Steen, et al., Civil Action 3:04-CV-0201-R; A Methodological Critique of the Linz-Yao Report: A Report to the Greensboro City Attorney, December 15, 2003; Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, August 26, 2002; The Association of Adult Businesses with Secondary Effects: Legal Doctrine, Social Theory, and Empirical Evidence, Weinstein & McCleary; A report on the Secondary Impacts of Adult Businesses in the City of Denver, January 1998; Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989; Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, Ed. By Louis F. Cumus III; Staff Report Amendment to Zoning Regulations, City of Whittier California, January 9, 1978; City of Seattle, Department of Planning and Development, Director's Report, Adult Cabarets in Seattle; Testimony on SB 3348, Richard McCleary, Ph.D., Lori Sexton, M.A., March 2, 2012; Secondary Effects of Sexually-Oriented Businesses: Report to the City Council, Detroit, MI.; Expert Report of Richard McCleary, Ph.D., in the matter of Big Dipper Entertainment, et al. v City of Warren, US District Court Case No. 2:07-cv-14716; Testimony of David Sherman, Sexually Oriented Businesses: An Insider's View. Testimony before Michigan House Committee, Ethics and Constitutional Law, January 12, 2000; Sexually Oriented Businesses: An Insider's View by David Sherman. Proponent Testimony S.B. 251, Ohio Senate Judiciary, Committee in Civil Justice, December 3, 2002; License Appeal Board Hearing, Phoenix, Arizona, Adult Cabarets Record, April 24, 1997; Strip Club Testimony by Kelly Holsopple; Stripclubs According to Strippers: Exposing Workplace Sexual Violence by Kelly Holsopple; Fulton County Police Study, June 13, 1997, the township board finds:

(1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to: Personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, loitering, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

(2)

Physical contact between employees of sexually oriented businesses, including "bed" dances, "couch" dances, and "lap" dances as they are commonly called, are associated with and can lead to illicit sexual activities, including public masturbation, lewdness, and prostitution, as well as other negative effects, including sexual assault.

(3)

Each of the negative secondary effects targeted by this article, constitutes a harm which the township has a substantial government interest in preventing and/or abating. This substantial government interest in preventing such negative secondary effects, which is the township's rationale for this article, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the township's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the township. The township finds that the cases and documentation relied on in this article are reasonably believed to be relevant to the township's interest in preventing negative secondary effects.

The township hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

(Ord. No. C-776, § 1, 7-22-13)

For purposes of this article, the words and phrases defined in this article shall have the meanings herein respectively ascribed to them unless a different meaning is clearly indicated by the context.

Adult bookstore or adult video store means a commercial establishment which, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A principal business purpose, as discussed in the previous sentence, exists when the commercial establishment:

(1)

Has a substantial or significant portion of its displayed merchandise which consists of the enumerated material; or

(2)

Has a substantial or significant portion of the wholesale value of its displayed merchandise which consists of the enumerated material; or

(3)

Has a substantial or significant portion of the retail value of its displayed merchandise which consists of the enumerated material; or

(4)

Derives a substantial or significant portion of its revenues from the sale or rental, for any form of consideration of the enumerated material; or

(5)

Maintains a substantial or significant section of its interior floor space for the sale or rental of the enumerated material; or

(6)

Regularly features the enumerated materials, and prohibits access by minors, because of age, to the premises, and advertises itself as offering the enumerated material on signage visible from public right-of-way; or

(7)

Maintains an "adult arcade," which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or specified "anatomical areas."

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, coffee shop, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude. No establishment shall avoid classification as an adult cabaret by offering or featuring nudity.

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

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(2)

Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or

(3)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown to more than five (5) persons for any form of consideration.

Characterized by means describing the essential character or quality of an item. As applied in this article, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

Employ, employee and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Establish or establishment means and 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; or

(3)

The addition of any sexually oriented business to any other existing sexually oriented business.

Influential interest means any of the following: (1) the actual power to operate the sexually oriented business or control the operation, management or policies of the sexually oriented business or legal entity which operates the sexually oriented business; or (2) ownership of a financial interest of ten (10) percent or more of a business or of any class of voting securities of a business; or (3) holding an office, such as: president, vice president, secretary, treasurer, managing member, managing director, etc., in a legal entity which operates the sexually oriented business.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as, the individual or individuals listed as an applicant on the application for a sexually oriented business license. In the case of an "employee," it shall mean the person in whose name the sexually oriented business employee license has been issued.

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Operate or cause to operate means to cause to function or to put or keep in a state of doing business.

Operator means any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business, or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

Person shall mean individual, proprietorship, partnership, firm, corporation, association, or other legal entity.

Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto, all buildings and structures thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to section 6-130 of this article.

Regularly means the consistent and repeated doing of an act on an ongoing basis.

Semi-nude or state of semi-nudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

Semi-nude model studio means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appear in a state of semi-nudity in a modeling class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(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; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

Sexual device means any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Sexual device shop means a commercial establishment that regularly features sexual devices as any part of its business carried on in the premises. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services.

Sexual encounter center shall mean a business or commercial enterprise that, as one (1) of its principal business purposes, regularly features for any form of consideration, physical contact between two (2) or more persons when one (1) or more of the persons is semi-nude. Nothing in this definition shall be construed to include establishments regulated and licensed pursuant to the Massage Therapy Act, Public Health Code, Article 15, Part 179A, MCL 333.17951 et seq., and licensed pursuant to chapter 14 of the Township Code of Ordinances.

Sexually oriented business means an "adult bookstore or adult video store," an "adult cabaret," an "adult motel," an "adult motion picture theater," a "semi-nude model studio," a "sexual device shop," or a "sexual encounter center."

Specified anatomical areas means and includes:

(1)

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(2)

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

Specified criminal activity means:

(1)

Any of the following specified offenses, as amended from time to time, for which less than seven (7) years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

a.

Criminal sexual conduct, MCL 750.520a—g, child sexually abusive activity, MCL 750.145c, computer crimes against children, MCL 750.145d(1)(a);

b.

Prostitution-related offenses, MCL 750.448—750.449a;

c.

Offenses related to obscenity, MCL 752.365, and material harmful to minors, MCL 750.142—750.143; or

d.

Indecent exposure, MCL 750.335a.

(2)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or

(3)

Any offense enumerated in the Township Code of Ordinances which substantially corresponds to one of the foregoing state offenses; or

(4)

Any offense in another jurisdiction that, had the predicate act(s) been committed in Michigan, would have constituted any of the foregoing offenses.

Specified sexual activity means any of the following:

(1)

Intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in paragraph (1) above.

Township means the Charter Township of West Bloomfield, Michigan, including its officials, employees, and agents.

Township clerk means the Charter Township of West Bloomfield Township Clerk or the clerk's designee.

Township board means the Township Board for the Charter Township of West Bloomfield, Michigan.

Transfer of ownership or control of a sexually oriented business shall mean any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities which constitute an influential 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.

Viewing room shall mean the room, booth, or area of a sexually oriented business where a patron of the sexually oriented business is positioned while watching a film, videocassette, digital video disk, or other video reproduction.

(Ord. No. C-776, § 1, 7-22-13)

The classifications for sexually oriented businesses shall be as follows:

(1)

Adult bookstore or adult video store;

(2)

Adult cabaret;

(3)

Adult motel;

(4)

Adult motion picture theater;

(5)

Semi-nude model studio;

(6)

Sexual device shop;

(7)

Sexual encounter center.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Business license. It shall be unlawful for any person to operate a sexually oriented business in the township without a valid sexually oriented business license.

(b)

Employee license. It shall be unlawful for any person to be an "employee," as defined in this article, of a sexually oriented business in the township without a valid sexually oriented business employee license.

(c)

Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall annually file in person at the office of the township clerk a completed application made on a form provided by the township clerk. The application shall be signed as required by subsection (e) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in subsections (c)(1) through (7) below, accompanied by the appropriate fee identified in section 6-132.

(1)

The applicant's full true name and any other names used by the applicant in the preceding five (5) years.

(2)

Current business address or another mailing address of the applicant.

(3)

Written proof of age, in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

(4)

If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business.

(5)

If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.

(6)

A statement of whether any applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each, as well as, the dates of conviction and release from confinement, where applicable.

(7)

A statement as to whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous seven (7) years, and at the time during which the applicant had the influential interest:

a.

Been declared by a court of law to be a nuisance, as defined under the Revised Judicature Act, MCL 600.3801; or

b.

Been subject to a court order of closure or padlocking.

The information provided pursuant to subsections (c)(1) through (7) of this section shall be supplemented in writing by certified mail, return receipt requested, to the township clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

Diagram. An application for a sexually oriented business license shall be accompanied by a legal description, including the parcel identification number and street address, of the property where the business is located, and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, and shall designate all portions of the premises in which patrons will not be permitted. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. In addition, to review compliance with subsection 6-157(2) and section 6-159 of this article, applicants shall submit a diagram indicating that the interior configuration meets the requirements of subsection 6-159(a)(1).

(e)

Signature. If a person who wishes to operate a sexually oriented business is an individual, the person shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant. Each applicant must be qualified under section 6-131, and each applicant shall be considered a licensee if a license is granted.

(f)

Disclosure. The information provided by an applicant in connection with an application for a license under this article shall be maintained by the township clerk's office and all personal information shall be deemed confidential and may be disclosed only as required by law or by court order.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Business license. Upon the filing of a completed application under section 6-130 for a sexually oriented business license, the township clerk shall immediately issue a temporary license to the applicant if the completed application is from a pre-existing sexually oriented business that, on the date that the completed application is submitted, is lawfully operating a sexually oriented business in the township and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision of the township to deny or grant an annual license. Also upon the filing of the completed application, the township clerk shall immediately forward a complete copy to the police administration and the community development department to review the application for compliance with the requirements of this article. Within thirty (30) days of the filing date of a completed sexually oriented business license application, the township clerk shall issue a license to the applicant or issue to the applicant a written notice of intent to deny the application. The township clerk shall issue a license unless:

(1)

Age. An applicant is less than eighteen (18) years of age.

(2)

Information. An applicant has failed to provide information as required by section 6-130, for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

Fee. The license application fee required by this article has not been paid.

(4)

Planning/zoning. The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this article, applicable provisions of the zoning ordinance, the zoning district or location requirements of the Charter Township of West Bloomfield Code of Ordinances. Upon filing an application for a building permit, plan review, or certificate of occupancy, for a sexually oriented business, the applicant shall also file a copy with the township clerk.

(5)

Prior nuisance. Any sexually oriented business in which the applicant has had an influential interest, has, in the previous seven (7) years, and at the time during which the applicant had the influential interest:

a.

Been declared by a court of law to be a nuisance, as defined under the Revised Judicature Act, MCL 600.3801; or

b.

Been subject to an order of closure or padlocking.

(6)

Criminal history. An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(b)

Employee license. Upon the filing of a completed application under section 6-130 for a sexually oriented business employee license, the township clerk shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision of the township to deny or grant an annual license. Within thirty (30) days of the filing date of a completed sexually oriented business employee license application, the township clerk shall either issue a license or issue a written notice of intent to deny a license to the applicant. The township clerk shall approve the issuance of a license unless:

(1)

Age. The applicant is less than eighteen (18) years of age.

(2)

Information. The applicant has failed to provide information as required by section 6-130 for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

Fee. The license application fee required by this article has not been paid.

(4)

Prior nuisance. Any sexually oriented business in which the applicant has had an influential interest, has, in the previous seven (7) years, and at the time during which the applicant had the influential interest:

a.

Been declared by a court of law to be a nuisance as defined under the Revised Judicature Act, MCL 600.3801; or

b.

Been subject to an order of closure or padlocking.

(5)

Criminal history. The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(c)

License contents; posting; possession. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.

(d)

Other laws applicable. Nothing in this article shall be construed to exempt the licensee from any other requirements set forth by township ordinance, state or federal law.

(Ord. No. C-776, § 1, 7-22-13)

The fees for a license under this article shall be established by resolution adopted by the township board and shall be placed on file, and made available, at the office of the township clerk.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Sexually oriented businesses or sexually oriented business employees shall permit the township to inspect the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this article, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed by the township to authorize only reasonable inspections of the licensed premises pursuant to this article.

(b)

The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(Ord. No. C-776, § 1, 7-22-13)

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 in the sexually oriented business license application.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Each license shall expire annually on the thirty-first (31st) day of March unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in section 6-130 and section 6-132.

(b)

Application for renewal shall be made not more than ninety (90) days nor less than sixty (60) days before the expiration date of the current license, and when made less than sixty (60) days before the expiration date, the expiration of the license will not be affected.

(Ord. No. C-776, § 1, 7-22-13)

In the event that the township is required to do some act pursuant to this article within a prescribed time, and fails to complete such act within the time prescribed, said failure shall not prevent the exercise of Constitutional rights of an applicant or licensee. If the act not completed in the time prescribed includes approval of a condition necessary for approval of a sexually oriented business license, or a sexually oriented business employee's license, including renewal, the condition shall be deemed met the day after the deadline for township action has passed.

(Ord. No. C-776, § 1, 7-22-13)

All existing sexually oriented businesses, and sexually oriented business employees, are hereby granted a de facto temporary license to continue operation or employment for a period of one hundred twenty (120) days following the effective date of this article. By the end of said one hundred twenty (120) days, all sexually oriented businesses and sexually oriented business employees shall apply for a license, as applicable, and shall conform to the requirements of this article.

(Ord. No. C-776, § 1, 7-22-13)

In the event the township clerk issues a written notice of intent to deny for failure to comply with the requirements of section 6-131, the provisions of section 6-148 shall apply.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Business. The township clerk shall issue a written notice of intent to suspend a sexually oriented business license for a period not to exceed thirty (30) days if the sexually oriented business licensee has knowingly violated this article or has knowingly allowed an employee to violate this article.

(b)

Employee. The township clerk shall issue a written notice of intent to suspend a sexually oriented business employee license for a period not to exceed thirty (30) days if the employee has knowingly violated this article.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Violation after previous suspension. The township clerk shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly violates this article or has knowingly allowed an employee to violate this article and the licensee's license has been suspended within the previous twelve-month period.

(b)

The township clerk shall issue written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:

(1)

The licensee has knowingly given false information in the application for a license;

(2)

The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises;

(3)

The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises;

(4)

The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked; or

(5)

The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity to occur in or on the licensed premises.

(c)

Effect of appeal of conviction. The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes and the license shall be reinstated.

(d)

Time period of revocation. When, after the notice and hearing procedure described in section 6-148, the township revokes a license, the revocation shall continue for two (2) years and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for two (2) years from the date revocation becomes effective.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Notice. When the township clerk issues a written notice of intent to deny, suspend, or revoke a license, the clerk shall immediately send such notice, which shall include the specific grounds under this article for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the business address provided by the licensee on the application on file with the township clerk. The notice shall specify the location and the date, not less than ten (10) days, nor more than twenty (20) days after the date the notice is issued, on which the hearing officer shall conduct a hearing on the intent to deny, suspend, or revoke the license.

(b)

Hearing. At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on respondent's behalf, and cross-examine any of the township clerk's witnesses. The township clerk may be represented by the township attorney or other attorney as designated, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two (2) consecutive days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written decision, including specific reasons for the decision pursuant to this article. The written decision shall be issued to the parties within five (5) days after the hearing. Either party may appeal such decision to a court of competent jurisdiction.

(c)

Hearing officer. The hearing officer shall be an attorney, not otherwise retained or employed by the township, who is licensed to practice in the State of Michigan and appointed by the township board to serve as an independent tribunal to conduct the hearing in accordance with this article.

(d)

Decision. Upon issuance of the decision, the following shall apply:

(1)

Deny, suspend, revoke. If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the thirtieth (30th) day after it is rendered. The decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction.

(2)

No grounds to deny, suspend, revoke. If the hearing officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the hearing officer shall, contemporaneously with the issuance of the decision, order the township clerk to immediately withdraw the intent to deny, suspend, or revoke the license, and to notify the respondent in writing, by certified mail, that the intent to deny, suspend or revoke is withdrawn. If the respondent is not yet licensed, the township clerk shall contemporaneously therewith issue the license to the applicant.

(e)

Court action. If any court action challenging the township decision or the hearing officer's decision is initiated, the township shall:

(1)

Consent to expedited briefing and/or disposition of the action;

(2)

Comply with any expedited schedule set by the court; and

(3)

Facilitate prompt judicial review of the proceedings.

(4)

The following shall apply to any sexually oriented business that is in operation as of the effective date of the ordinance from which this article derives: upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the township enforcement of the denial, suspension, or revocation, the township shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin township enforcement.

(Ord. No. C-776, § 1, 7-22-13)

Sexually oriented businesses shall not be open for business, or remain open for business between 12:00 midnight and 6:00 a.m. on any day. Adult motels are excluded from this section.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Required. It shall be the duty of the operator of a sexually oriented business to:

(1)

Sign. Post conspicuous signs stating that no loitering is permitted on such property.

(2)

Monitor. Designate one (1) or more employees to monitor, while the premises are open for business, the activities of persons on such property by visually inspecting, the interior and exterior of such property at least once every ninety (90) minutes or inspecting such property by use of video cameras and monitoring.

(3)

Exterior. Provide lighting of the exterior premises, including all parking areas, to provide for visual inspection and security. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station. All exterior lighting shall be shall comply with all provisions of section 5.6 of the zoning ordinance.

(4)

No access area. It shall be the duty of the operator, and of any employees present on the premises, 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 application filed pursuant to subsection (a)(1) of this section.

(b)

Failure to fulfill duty. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Ord. No. C-776, § 1, 7-22-13)

It is unlawful for a sexually oriented business to knowingly violate the following regulations or to knowingly allow an employee or any other person to violate the following regulations:

(1)

Nudity. It shall be a violation of this article for a patron, employee, or any other person to knowingly or intentionally, in a sexually oriented business, appear in a state of nudity, regardless of whether such public nudity is expressive in nature.

(2)

Semi-nudity. It shall be a violation of this article for a person to knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six (6) feet from any patron or customer and on a stage at least eighteen (18) inches from the floor in a room of at least one thousand (1,000) square feet.

(3)

Physical contact. It shall be a violation of this article for any employee who regularly appears semi-nude in a sexually oriented business to knowingly or intentionally touch a customer on the premises of a sexually oriented business.

(4)

Alcoholic beverages. It shall be a violation of this article for any person to drink, imbibe, possess or consume alcoholic beverages on the premises of a sexually oriented business.

A sign, that shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and the lettering used shall be at least one-quarter inch in height, that provides notice of the provisions of subsections (1), (2), (3), and (4) of this section, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.

(Ord. No. C-776, § 1, 7-22-13)

It shall be a violation of this article for any person to knowingly allow a person under the age of eighteen (18) years to be or remain on the premises of a sexually oriented business.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Requirements. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disk, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:

(1)

Diagram. Each application for a sexually oriented business license shall contain a diagram of the premises which complies with all the following:

a.

The diagram shall show the location of all operator's stations, viewing rooms, overhead lighting fixtures, and restrooms;

b.

The diagram shall show all portions of the premises designated as areas in which patrons will not be permitted;

c.

The diagram shall include a statement that restrooms shall not contain video reproduction equipment;

d.

The diagram shall designate the place at which the license will be conspicuously posted, if granted;

e.

A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north and shall 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 six (6) inches;

f.

For renewal applications, if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared, the township clerk may waive the requirement that a new diagram be submitted with the renewal application.

(2)

No access area. It shall be the duty of the operator, and of any employees present on the premises, 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 application filed pursuant to subsection (a)(1) of this section.

(3)

Lighting. The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.

(4)

No sexual activity. It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.

(5)

Signs. It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

a.

That the occupancy of viewing rooms is limited to one (1) person.

b.

That sexual activity on the premises is prohibited.

c.

That the making of openings between viewing rooms is prohibited.

d.

That violators will be required to leave the premises.

e.

That violations of subsections (a)(5)a., b. and c. of this section are unlawful.

(6)

Operator duty. It shall be the duty of the operator to enforce the regulations articulated in subsections(a)(5)a. though e. above.

(7)

Unobstructed view. The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) or more operator'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 from at least one (1) of the operator's stations. The view required in this subsection must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by that operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.

(b)

Failure to fulfill duty. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Misdemeanor. A person who violates or fails to comply with any of the provisions of this article shall be guilty of a misdemeanor, punishable by a maximum fine of five hundred dollars ($500.00) and/or a maximum of ninety (90) days imprisonment. Each day a violation is committed, or permitted to continue, it shall constitute a separate offense and shall be treated as a separate offense.

(b)

Civil proceedings. The township attorney or designee is hereby authorized to institute civil proceedings necessary for the enforcement of this article to restrain or correct violations hereof. Such proceedings, including injunctive relief, shall be brought in the name of the township, however, the institution of civil proceedings shall not preclude enforcement of misdemeanor, administrative or any other proceeding authorized by ordinance, state or federal law.

(Ord. No. C-776, § 1, 7-22-13)

This article does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this article. Notwithstanding anything to the contrary, for the purposes of this article, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this article, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.

(Ord. No. C-776, § 1, 7-22-13)

This article, and each section and provision are declared to be independent; and not withstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this article, or the application thereof to any person or circumstance is held to be invalid, all remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby; and it is further declared that such sections and provisions would have been passed independently of such section or provision found to be invalid. Should any procedural aspect of this article be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this article.

(Ord. No. C-776, § 1, 7-22-13)

Any provision(s) in the Charter Township of West Bloomfield Code of Ordinances specifically in conflict with any provision in this article is hereby deemed inoperative and repealed.

(Ord. No. C-776, § 1, 7-22-13)

(a)

Since the State of Michigan enacted Public Act 188 of 2009, found at MCL 333.12601, et seq., to prohibit smoking in public places, smoking lounges have become increasingly popular. Cigar bars and tobacco specialty retail stores that qualify and were in existence on May 1, 2010 are exempt from the smoking in public prohibition. State-issued exemptions may be transferred and result in an increase in the number of establishments in the township.

(b)

Potential adverse impacts associated with these establishments have been identified, such as large numbers of patrons during the evening and night time, crowds overflowing into parking areas and impeding on nearby businesses, leaving behind trash, broken alcohol bottles and debris, incidents requiring police response, fights, alcohol possession on unlicensed premises, traffic, noise, and complaints from neighboring businesses and residents. The purpose of this article is to regulate smoking lounges for the public health, safety, and welfare of the township and persons within its jurisdictional boundaries; to prevent access to tobacco and non-tobacco smoking products by minors at these establishments, and to prevent the spread of smoke fumes to adjacent properties and persons passing by these establishments.

(c)

This article is designed to establish reasonable and uniform regulations to prevent potential adverse impacts relating to these establishments. The regulations adopted are designed to provide objective and orderly procedures for the administration of this article.

(Ord. No. C-779, § 1, 10-7-13; Ord. No. C-779-A, § 1, 4-26-21)

For purposes of this article, the words, terms, and phrases shall be defined as follows:

Cigar shall mean any roll of tobacco weighing three (3) or more pounds per thousand (1,000), which roll has a wrapper or cover consisting of tobacco.

Cigar bar shall mean an establishment or area within an establishment that is open to the public and is designated for the smoking of cigars that has a state exemption.

Influential interest shall mean any of the following:

(1)

Having the authority to operate the business or control the operation, management or policies of the business; or

(2)

The legal entity which operates the business; or

(3)

An ownership of a financial interest of ten percent (10%) or more of a business or of any class of voting securities of a business; or

(4)

Holding an office such as: president, vice president, secretary, treasurer, managing member, or managing director in a legal entity which operates the business.

Minor

shall mean any person under twenty-one (21) years of age.

Non-tobacco

smoking products or substances shall include any product or substance that can be consumed by smoking such as, but is not limited to: e-cigarettes, bidis, kreteks, clover cigarettes, herbal cigarettes, electronic and herbal hookah, steam stones, smoking gels or other smoked product.

Premises

shall mean the location for which a smoking lounge establishment operates under a state exemption and includes the land and all improvements located thereon including the primary building and all accessory and out-buildings, and is not limited to, the smoking area.

Sale shall mean the exchange, barter, traffic, furnishing, or giving away of tobacco products and non-tobacco smoking products and substances regulated by the State of Michigan and pursuant to this article.

Smoking lounge shall mean an establishment which has a state exemption and that allows smoking of tobacco products or non-tobacco products or substances on the premises. The term "smoking lounge" includes, but is not limited to, facilities commonly described as tobacco retail specialty stores, cigar bars and lounges, hookah cafés and lounges, tobacco bars and lounges, tobacco clubs or zero (0) percent nicotine establishments.

Specified criminal act shall mean any of the following:

(1)

Any of the following misdemeanor or felony offenses under any of the following statutes, as amended, for which less than seven (7) years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

i.

Michigan Penal Code, Chapter X, Arson and Burning;

ii.

Michigan Penal Code, Chapter XI, Assaults, except MCL 750.81(1) and (2);

iii.

Michigan Penal Code, Chapter XVII, Bribery and Corruption;

iv.

Michigan Penal Code, Chapter XXII, Compounding Offenses;

v.

Michigan Penal Code, Chapter XXVA, Criminal Enterprises;

vi.

Michigan Penal Code, Chapter XXVIII, Disorderly Persons;

vii.

Michigan Penal Code, Chapter XXXI, Embezzlement;

viii.

Michigan Penal Code, Chapter XXXIII, Explosives, Bombs, Harmful Devices;

ix.

Michigan Penal Code, Chapter XXXIV, Extortion;

x.

Michigan Penal Code, Chapter XLIII, Frauds and Cheats;

xi.

Michigan Penal Code, Chapter XLIV, Gambling;

xii.

Michigan Penal Code, Chapter XLV, Homicide;

xiii.

Michigan Penal Code, Chapter XLVIII, Indecency and Immorality;

xiv.

Michigan Penal Code, Chapter LVIII, Mayhem;

xv.

Michigan Penal Code, Chapter LXVII, Prostitution;

xvi.

Michigan Penal Code, Chapter LXVIIA, Human Trafficking;

xvii.

Michigan Penal Code, Chapter LXXVI, Sexual Conduct;

xviii.

Michigan Penal Code, Chapter LXXVIII, Robbery;

xix.

Michigan Penal Code, Chapter LXXXIII-A, Michigan Anti-Terrorism Act;

xx.

Michigan Compiled Laws, 333, Part 74, Controlled Substances—Offense and Penalties;

xxi.

Michigan Compiled Laws Section 205.27, Taxation-Prohibited Acts, including tax evasion;

(2)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses.

(3)

Any offense enumerated in the Township Code of Ordinances which substantially corresponds to one (1) of the foregoing state offenses.

(4)

Any offense in another jurisdiction that, had the predicate act(s) been committed in Michigan, would have constituted any of the foregoing offenses.

State shall mean the State of Michigan.

State exemption shall mean a valid State of Michigan Exemption from the smoking in public ban which allows indoor smoking on the premises in compliance with Part 126, Smoking in Public Places, of the Michigan Clean Indoor Act, Public Act 188 of 2009, as amended and found in MCL 333.12601, et seq.

Tobacco product shall mean a product that contains tobacco and is intended for human consumption including, but not limited to, cigars, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco as defined by the Tobacco Products Tax Act, MCL 205.422.

Tobacco specialty retail store shall mean an establishment that has a state exemption for the premises and for which the primary purpose is the retail sale of tobacco products, non-tobacco smoking products and substances, and smoking paraphernalia, and in which the sale of other products is incidental.

(Ord. No. C-779, § 1, 10-7-13)

(a)

Licensed required. A person shall not operate a smoking lounge in the township without first obtaining a state exemption and a smoking lounge business license issued pursuant to the provisions of this article.

(b)

Annual license, expiration. Each license shall expire annually on the thirty-first (31 ^st ) day of August unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of the fee as required by this article.

(c)

Renewal. An application for renewal of a smoking lounge business license shall be considered in the same manner as an original application. A renewal application shall be filed at least sixty (60) days prior to the date of expiration.

(Ord. No. C-779-A, § 2, 4-26-21)

(a)

Annual application required. An applicant for a smoking lounge business license shall annually, on or before June 30 of each year, file in person at the office of the township clerk, a completed application made on a form provided by the clerk. The application shall be signed as required herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in paragraphs (1) through (10) below, accompanied by the required fee.

(1)

Applicants names. The applicant's full true name and any other names used by the applicant in the preceding seven (7) years. If the applicant is a partnership, corporation, limited liability company, or other legal entity, then all persons with an influential interest in the entity shall be deemed an applicant and shall provide the information required by this article. Each applicant must be qualified under section 6-197, and each applicant shall be considered a licensee if a license is granted.

(2)

Address. Current business address or another mailing address of the applicant.

(3)

Proof of identity. Written proof of identity in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

(4)

Business location. The business name, location, zoning classification, legal description, parcel identification number, mailing address and phone number.

(5)

Copy of exemption. A copy of the state exemption for the premises; or if a transfer has been applied for, a copy of the application filed with the State of Michigan for transfer, and proof of a transferable state exemption.

(6)

Local agent. The name and business address of the designated local agent who is responsible to supervise the premises and activities and who is authorized to receive service of process.

(7)

Statement of criminal history. A statement of whether any applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal act as defined in this article and, if so, specify each criminal act involved including the date, place, and jurisdiction of each, and where applicable include the dates of conviction and release from confinement.

(8)

ICHAT. A criminal background report of each applicant's criminal history through the Internet Criminal History Access Tool (ICHAT) will be ordered by the township. The applicant is responsible for all charges incurred by the township for the ICHAT report(s).

(9)

Statement as to nuisance. A statement as to whether any business in which an applicant has had an influential interest has, in the previous seven (7) years and at the time during which the applicant had the influential interest:

i.

Been declared by a court of law to be a nuisance as defined under the Revised Judicature Act, MCL 600.3801;

ii.

Been subject to a court order of closure or padlocking;

iii.

Had a business license revoked, suspended, denied, or not renewed for cause; and the reason for the denial, suspension, non-renewal, or revocation;

iv.

Had regulatory ordinance violations issued, the reasons for each violation, and the outcome of each proceeding.

(10)

Liability insurance. Evidence of current general commercial liability insurance, in the amount of two hundred fifty thousand dollars ($250,000.00) and workers compensation in statutory amounts. Insurance shall be maintained for the duration of the license period and the licensee shall submit proof of insurance within twenty-four (24) hours of any renewal. Licensee shall notify the township clerk within twenty-four (24) hours of the cancellation of insurance.

(b)

Supplementation required. The information provided pursuant to paragraphs (1) through (10) of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the township clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(c)

Signature required. If a person who wishes to operate the business is an individual, the person shall sign the application. If a person who wishes to operate a business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant.

(d)

Application fee required. A non-refundable license fee in an amount established by resolution of the township board shall be included with the application submission.

(e)

Disclosure. The information provided by an applicant in connection with an application for a license under this article shall be maintained by the township clerk's office and all personal information shall be deemed confidential and may be disclosed only as required by law or by court order.

(Ord. No. C-779-A, § 2, 4-26-21)

(a)

Department review. Upon the filing of a completed application for a smoking lounge business license, the township clerk shall forward a copy to the following departments: police, fire, building, planning, treasurer, water utilities, code enforcement and any other department, to review the application for compliance with the requirements of all applicable ordinances and codes. Within thirty (30) days, each department shall make a recommendation to the township clerk concerning compliance with the requirements of this article and other applicable township ordinances and codes.

(b)

Inspection. Filing an application for a smoking lounge business license shall constitute consent to inspection by township officials for the purpose of ensuring compliance with the specific regulations of this article. The township shall inspect all portions of the premises where patrons are permitted during open business hours. This section shall be narrowly construed by the township to authorize reasonable inspections of the licensed premises pursuant to this article.

(d)

Reservation of authority. Notwithstanding anything to the contrary in this article, no applicant has a right to the issuance of a license; and the township hereby reserves the right to determine who, if anyone, shall be entitled to the issuance of a license based on the objective criteria listed in this article which relates to concerns for public health, safety, and welfare, as identified.

(e)

Time for decision. The township clerk shall issue a license to the applicant or issue a written notice to deny the application within sixty (60) days from the date the complete application was accepted by the township clerk's office.

(Ord. No. C-779-A, § 2, 4-26-21)

(a)

The township clerk shall issue a license to the applicant unless one (1) of the following grounds for denial exist:

(1)

Information. An applicant has failed to provide information as required by section 6-196 for issuance of a license, or has falsely answered a question or a request for information on the application form.

(2)

Fee. The license application fee required by this article has not been paid.

(3)

State exemption. The applicant does not have a valid state exemption, the state has denied the application for a transfer, or the state exemption has been revoked.

(4)

Code compliance. The subject premises lack a current certificate of occupancy or does not comply with applicable building, zoning, plumbing, mechanical, electrical, health, or fire prevention codes.

(5)

Ventilation and parking. The building department has indicated that the premises lack the ventilation or parking required for the proposed use.

(6)

Unpaid fees; violations. The building, code enforcement, fire, or water utilities department, or the treasurer's office, has indicated that there are unpaid fees or uncured violations under its purview related to the subject premises.

(7)

Taxes. The township treasurer's office has denied a real estate tax clearance pertaining to the subject premises.

(8)

Previous revocation/non-renewal. An applicant has had a smoking exemption revoked or not renewed for cause in the last seven (7) years under this article or a comparable city or township ordinance or state law, whether in Michigan or otherwise.

(9)

Prior nuisance. Any business in which the applicant has had an influential interest has, in the previous seven (7) years and at the time during which the applicant had the influential interest:

i.

Been declared by a court of law to be a nuisance as defined under the Revised Judicature Act, MCL 600.3801; or

ii.

Been subject to an order of closure or padlocking.

(10)

Regulatory compliance history. In the previous seven (7) years an applicant was found responsible or pled responsible for violating an ordinance regulation or state law in the operation of a smoking lounge business in which the applicant had an influential interest, whether in the State of Michigan or other state.

(11)

Specified criminal act. An applicant has been convicted of, or pled guilty, or nolo contendere, or no contest or entered an Alford plea to a specified criminal act as defined in this article.

(12)

Additional licensing. The business is not licensed to do business in Michigan or has not obtained a sales tax license.

(13)

Insurance. Applicant did not submit proof of required insurance.

(b)

Other laws applicable. Nothing in this article shall be construed to exempt the applicant or licensee from any other requirements set forth by township ordinance, state or federal law.

(Ord. No. C-779-A, § 2, 4-26-21)

The fees for a business license under this article shall be established by resolution adopted by the township board which resolution shall be placed on file, and made available, at the office of the township clerk.

(Ord. No. C-779-A, § 2, 4-26-21)

The business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and the name and address of the business. The business license shall be posted in a conspicuous place at or near the entrance of the business so that it may be read at any time.

(Ord. No. C-779-A, § 2, 4-26-21)

(a)

A licensee shall not transfer the license to another, nor shall a licensee operate a smoking lounge under the authority of a license at any place other than the address designated in the smoking lounge license application. Any transfer shall be grounds for suspension and revocation. A proposed transfer shall require a new application be filed. The new application shall be subject to the same procedures, standards and fees required for a new license. Each location operated by a licensee requires a separate license.

(b)

Approval of the transfer of a state exemption shall not abrogate the requirement to apply for and obtain a smoking lounge license as required by this article.

(Ord. No. C-779-A, § 2, 4-26-21)

In the event the township clerk issues a written notice to deny for failure to comply with the requirements of section 6-197, the provisions of section 6-213 providing for an appeal hearing shall apply.

(Ord. No. C-779, § 1, 10-7-13)

The township clerk shall suspend the license for a period of thirty (30) days if the licensee has knowingly violated this article or has knowingly allowed an employee to violate this article. Upon receiving notice of a violation, the clerk shall issue a written notice to suspend, which shall include the grounds for the suspension, the effective date of the suspension, and that the licensee may within twenty (20) days, request in writing, an appeal hearing before the township board pursuant to the provisions of section 6-213. The suspension shall take effect twenty-one (21) days after the date of the notice of suspension.

(Ord. No. C-779, § 1, 10-7-13)

(a)

Violation after previous suspension. The township clerk shall issue a written notice of revocation if the licensee knowingly violates this article or has knowingly allowed an employee to violate this article and the licensee's license has been suspended within the previous twelve-month period.

(b)

Grounds for revocation/non-renewal. The township clerk shall issue written notice to revoke or non-renewal of the license if:

(1)

The licensee would not meet the standards set forth in section 6-197 if the licensee were an applicant for a new license.

(2)

The licensee has knowingly or recklessly allowed two (2) or more violations of the regulations of this article in the preceding twelve-month period.

(3)

The licensee has knowingly or recklessly allowed a nuisance, as defined under the Revised Judicature Act, MCL 600.3801, to be maintained upon the premises.

(4)

The subject premises have existing violations of building, zoning, plumbing, mechanical, electrical, health or fire prevention codes.

(5)

The operation of the licensed establishment has resulted in a pattern of patron conduct in the neighborhood of the establishment that substantially disturbs the peace, order, and tranquility of the neighborhood.

(6)

The licensee has failed to maintain the grounds and exterior of the licensee's establishment by allowing litter, debris, and/or refuse to unreasonably remain on the property or adjoining properties.

(7)

The licensee knowingly or recklessly operated the business during a period of time when the license was suspended.

(8)

The licensee has knowingly or recklessly engaged in illegal activity or allowed any illegal activity to occur in or on the licensed premises.

(c)

Effect of appeal of conviction. The fact that any relevant conviction is being appealed shall have no effect on the revocation/non-renewal of the license, provided that, if any conviction which serves as a basis of a license revocation/non-renewal is overturned or reversed on appeal, that conviction shall be treated as null and of no effect and the license shall be reinstated.

(d)

Effective date. The revocation/nonrenewal shall not take effect for twenty-one (21) days from the date of the notice of revocation/non-renewal.

(e)

Appeal. The written notice to revoke/non-renewal, shall include the grounds for the revocation/non-renewal, the effective date of the revocation/non-renewal, and that the licensee may request in writing, within twenty (20) days of the date of the notice of suspension, or revocation/non-renewal, an appeal hearing before the township board pursuant to the provisions of section 6-213. If not appealed, the suspension shall take effect twenty-one (21) days after the date of the notice of suspension.

(Ord. No. C-779, § 1, 10-7-13)

(a)

Notice of hearing. Upon receipt of a request for appeal, the township board shall provide the licensee with notice and an opportunity to be heard. The township board shall serve notice upon the licensee by certified mail, not less than twenty (20) days prior to the hearing date. The notice shall state:

(1)

The date, time and place of the hearing.

(2)

A statement that the licensee may present evidence and testimony, and may be represented by an attorney.

(b)

Hearing and decision. The hearing shall be conducted by the township board and shall be open to the public. The township board shall submit to the licensee a written statement of its findings, decision, specific grounds for its decision, and a statement that the decision may be appealed to a court of competent jurisdiction.

(Ord. No. C-779, § 1, 10-7-13)

Businesses operating a licensed smoking lounge shall be closed between the hours of 2:00 a.m. and 8:00 a.m. on any day.

(Ord. No. C-779, § 1, 10-7-13)

The licensee, or the local agent designated in the application, shall remain on the premises while open for business to supervise the activities and shall be responsible to ensure compliance with the regulations of this article. In the event a licensee changes the local agent, the licensee shall immediately notify the clerk in writing of the name and business address of the new local agent.

(Ord. No. C-779, § 1, 10-7-13)

Mechanical ventilation shall be supplied in compliance with the Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of air from the smoking lounge is prohibited; and the air supplied to the smoking lounge shall be exhausted and discharged to an approved location in compliance with the Michigan Mechanical Code.

(Ord. No. C-779, § 1, 10-7-13)

Off-street parking shall be provided for the smoking lounge business. The minimum amount of parking shall be calculated by utilizing the parking requirements listed for sit-down restaurants contained in section 5.8.11 of the zoning ordinance.

(Ord. No. C-779, § 1, 10-7-13)

Storage lockers shall be prohibited on the premises of a smoking lounge, except that on-site humidors may be permitted in the smoking area of a cigar bar.

(Ord. No. C-779, § 1, 10-7-13)

There shall not be any outdoor activities, outdoor public admission events, or outdoor seating. The business activities shall be conducted wholly indoors. In no event shall designated on-site parking areas be used for any other purpose than parking of passenger vehicles. To ensure that the smoke is contained within the smoking area, all windows and doors shall remain closed to ensure that the smoke does not infiltrate nonsmoking areas and is not emitted to passersby.

(Ord. No. C-779, § 1, 10-7-13)

It shall be the duty of the licensee or the designated local agent to:

(1)

Signs. Post conspicuous signs stating that no loitering is permitted on the premises; no minors are permitted on the premises; and patrons must leave the parking area immediately upon close of the business;

(2)

Monitor. Designate one (1) or more employees to monitor, while the premises are open for business, the activities of persons on the premises by visually inspecting the interior and exterior of the premises at least once every ninety (90) minutes or inspecting the premises by use of video cameras and monitoring;

(3)

Exterior. Ensure lighting of the exterior premises is provided, including all parking areas, for visual inspection and security. All exterior lighting shall comply with all provisions of section 5.6 of the zoning ordinance;

(4)

Parking area. The licensee shall ensure that patrons are not parking in adjacent or neighboring parking lots or in residential areas that are not part of the parking area approved on the site plan for the licensed premises.

(Ord. No. C-779, § 1, 10-7-13)

The licensee or local agent, shall be responsible to maintain the premises to ensure there is not a violation of the Code of Ordinances, section 15-141, for disturbing the peace. If the licensee or designated local agent is convicted for a violation of section 15-141, the conviction shall be grounds for revocation, denial or suspension of a license.

(Ord. No. C-779, § 1, 10-7-13)

It is unlawful for a licensee or local agent to knowingly violate the following regulations or to knowingly allow an employee, patron or any other person to violate the following regulations. The licensee or local agent shall remove anyone violating the following regulations:

(a)

Minors prohibited. No one shall be allowed on the premises of a smoking lounge business unless the individual is twenty-one (21) years of age or older. The licensee and local agent shall ensure that identifications of individuals on the premises have been checked to determine that every individual is twenty-one (21) years of age or older before entry into the premises. The exit doors shall be monitored to ensure that no one is attempting to gain secret entry into the premises. A sign shall be posted near the entrance stating, "No one under the age of twenty-one (21) allowed."

(b)

Alcoholic liquor. No person shall sell, offer for sale, trade, provide, allow, possess, consume or attempt to consume any alcoholic liquor on the premises unless the licensee has obtained the appropriate license from the liquor control commission pursuant to MCL 436.1101, et seq., as amended.

(c)

Nudity prohibited. No one shall be allowed on the premises of a smoking lounge business to appear nude or in a state of nudity as defined in section 6-125 of this article.

(d)

Controlled substances prohibited. No person shall sell, offer for sale, trade, provide, allow, possess, consume or attempt to consume any controlled substance on the premises in violation of Article 7 of the Public Health Code, MCL 333.1101, et seq.

(Ord. No. C-779, § 1, 10-7-13; Ord. No. C-779-A, § 3, 4-26-21)

(a)

Misdemeanor. A person who violates or fails to comply with any of the provisions of this article shall be guilty of a misdemeanor, punishable by a maximum fine of five hundred dollars ($500.00) and/or a maximum of ninety (90) days imprisonment. Each day a violation is committed, or permitted to continue, it shall constitute a separate offense and shall be treated as a separate offense.

(b)

Civil proceedings. The township attorney or designee is hereby authorized to institute civil proceedings necessary for the enforcement of this article to restrain or correct ordinance violations, and for the recovery of costs and expenses incurred by the township, as authorized by law. Such proceedings, including injunctive relief, shall be brought in the name of the township, however, the institution of civil proceedings shall not preclude enforcement of misdemeanor, administrative, or any other proceeding authorized by ordinance, state or federal law.

(Ord. No. C-779, § 1, 10-7-13)