A.

Intent. It is recognized that there are some uses, which because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this chapter. Prior to adopting these regulations, the city reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in hearings and in reports made available to the city council, and on findings incorporated in the cases of Pap's AM v. City of Erie, 529 US 277 (2000); Deja Vu of Nashville v. Metropolitan Government of Nashville and Davidson County, 466 G3d 391 (6th Cir. 2006); Sensations, Inc. v. City of Grand Rapids, 2006 WL 2504388 (WD MI 2006); Van Buren Township v. Garter Belt, 258 Mich. App. 594; 673 NW2d 111 (2003); Bronco's Entertainment v. Charter Township of Van Buren, 421 F3d 440 (6th Cir. 2005), Thomas v. Chicago Park District, 122 S. Ct. 775 (2002), City of Renton v. Playtime Theatres Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); DLS Inc. v. City of Chattanooga, 107 F3d 403 (6th Cir. 1997); East Brooks Books Inc. v. City of Memphis, 48 F3d 2200 (6th Cir. 1995); Broadway Books v. Roberts, 642 F. Supp. 4867 (E.D. Tenn. 1986); Bright Lights Inc. v. City of Newport, 830 F. Supp. 378 (E.D. Ky. 1993); Richland Bookmart v. Nichols, 137 F3d 435 (6th Cir. 1998); Richland Bookmart v. Nichols, 278 F3d 570 (6th Cir. 2002); Deja vu of Cincinnati v. Union Township Board of Trustees, 411 F3d 777 (6th Cir. 2005); Deja vu of Nashville v. Metropolitan Government of Nashville, 274 F3d 377 (6th Cir. 2001); Bamon Corp. v. City of Dayton, 7923 F2d 470 (6th Cir. 1991); Threesome Entertainment v. Strittmather, 4 F. Supp. 2d 710 (N.D. Ohio 1998); JL Spoons Inc. v. City of Brunswick, 49 F. Supp. 2d 1032 (N.D. Ohio 1999); Triplett Grille Inc. v. City of Akron, 40 F3d 129 (6th Cir. 1994); Nightclubs Inc. v. City of Paducah, 202 F3d 884 (6th Cir. 2000); O'Connor v. City and County of Denver, 894 F2d 1210 (10th Cir. 1990); Deja Vu of Nashville Inc. et al. v. Metropolitan Government of Nashville and Davidson County, 2001 USA App. LEXIS 26007 (6th Cir. Dec. 6, 2001); ZJ Gifts D-2 LLC v. City of Aurora, 136 F3d 683 (10th Cir. 1998); Connection Distribution Co. v. Reno, 154 F3d 281 (6th Cir. 1998); Sundance Associates v. Reno, 139 F3d 804 (10th Cir. 1998); American Library Association v. Reno, 33 F3d 78 (D.C. Cir. 1994); American Target Advertising Inc. v. Giani, 199 F3d 1241 (10th Cir. 2000); ZJ Gifts D-2LLC v. City of Aurora, 136 F3d 683 (10th Cir. 1998); ILQ Investments Inc. v. City of Rochester, 25 F3d 1413 (8th Cir. 1994); Bigg Wolf Discount Video Movie Sales Inc. v. Montgomery County, 2002 U.S. Dist. LEXIS 1896 (D. Md. Feb. 6, 2002); Currence v. Cincinnati, 2002 U.S. App. LEXIS 1258 (3rd Cir. Jan. 24, 2002); and other cases; and on testimony to Congress in 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636; 134 Cong. Rec. E. 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square 1993; Bellevue, Washington, - 1998; Newport news, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House committee on Ethics and Constitutional Law, Jan. 12, 2000, and the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the city council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Wixom is seeking to abate and prevent in the future. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area which would create such adverse effect(s). It is further the intent of these regulations that these uses only be permitted as special land uses. Uses (collectively "Regulated Uses") subject to these controls are as follows:

1.

Sexually oriented businesses;

2.

Tattoo establishments;

3.

Pawnshops;

4.

Precious metal and gem dealers;

5.

Adult massage parlors.

B.

Locational Requirements for Regulated Uses. The planning commission must find that there is not presently more than one such regulated use within one thousand feet of the boundaries of the site of the proposed regulated uses. The planning commission may not waive this location provision for sexually oriented businesses as defined by this title. The planning commission may waive this locational provision for tattoo establishments, pawnshops, and precious metal, and gem dealers, if the following findings are made:

1.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of the chapter will be observed.

2.

That the proposed use will not enlarge or encourage the development of a "skid-row" area in which the homeless, unemployed, transients or others may loiter or congregate for no gainful purpose.

3.

That the establishment of any additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any plans for future development of the area according to the city of Wixom master plan.

4.

That all applicable regulations of this title will be observed.

C.

Conditions of Approval. The planning commission may recommend that the city council impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated uses, as shall, in its judgment, considering the standards set forth in Chapter 18.18 of this title, be necessary for the protection of the public health, safety, welfare and interest, except that any conditions imposed on a sexually oriented business as defined in this chapter shall be limited to those conditions necessary to assure compliance with the standards and requirements in Section 18.10.030. Any evidence and guarantee may be required as proof that the conditions stipulated in connection with the establishment, maintenance and operation of a sexually oriented business shall be fulfilled.

D.

Time Limits for Review. An application for special land use approval of a regulated use shall proceed before the planning commission for recommendation, and then the city council for final decision. Applications for special use approval of a regulated use, with the exception of a sexually oriented business, shall be processed in the normal course. The following time limits shall apply to the review of an application by the planning commission and city council for special land use approval of a sexually oriented business as defined by Section 18.10.030(B).

1.

The planning commission will publish notice and hold a public hearing as required for special land use review within sixty days of receiving a technically complete special land use and site plan application as required by Chapters 18.17, Site Plan Review Requirements and Procedures and 18.18, Special Land Use Review Requirements and Procedures for a sexually oriented business as defined in Section 18.10.030(B).

2.

The planning commission will make its recommendation regarding the special land use application for a sexually oriented business at the next regularly scheduled meeting of the planning commission following the public hearing held to review the application, unless additional information is required from the applicant. If additional information is required, the planning commission will make its recommendation at the next regularly scheduled meeting after receipt of the requested additional information, provided the additional information is received no later than fifteen days prior to the meeting.

3.

The recommendation of the planning commission will be forwarded to the city council within sixty days of the meeting at which planning commission issues its recommendation. The city council will render its decision to grant or deny special land use of the sexually oriented business or to grant approval with conditions, as stipulated by this chapter, at this meeting.

4.

Failure of the city to act within the above specified time limits shall not be deemed to constitute the grant of special land use to the sexually oriented business.

E.

Effect of Denial. No application for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions.

F.

Revocations. In any case where a building permit for a regulated use is required and has not been obtained within six months after the granting of the special land use by the city council, the grant of special land use shall become null and void.

G.

Reconstruction of Damaged Regulated Uses. Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding and continued use of any building or structure, the use of which makes it subject to the controls of this chapter, which is damaged by fire, collapse, explosion or act of God, provided that the expense of such reconstruction does not exceed sixty percent of the reconstruction cost of the building or structure at the time such damage occurred, provided that where the reconstruction repair or rebuilding exceeds the above-stated expense, the reestablishment of the use shall be subject to all provisions of this chapter and further provided, that the reestablished use complies with the requirements of Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.

(Ord. 08-05 § 1 (part), 2008)

In addition to the requirements of Section 18.10.010 of this chapter, a precious metal and gem dealer shall also be subject to all of the requirements of the Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended, and the following requirements:

A.

Certificate of Registration. A dealer shall be required to obtain a certificate of registration from the city police department and pay a fee of fifty dollars to cover the cost of processing and issuing the certificate of registration. The application shall include all information required by Public Act 95 of 1981 and the city police department. Upon receipt of the certificate of registration from the city police department, the dealer shall post it in a conspicuous place in the dealer's place of business. Not less than ten days before a dealer changes the name or address under which the dealer does business, the dealer shall notify the city police department of the change.

B.

Record of Transactions. A dealer shall maintain a permanent record of each transaction, on record of transaction forms meeting requirements of Public Act 95 of 1981 and the city police department. Each record of transaction form shall be filled out in quadruplicate by the dealer or agent or employee of the dealer. One copy of the form shall go to the city police department, one copy shall go to the customer and one copy shall be retained by the dealer.

1.

At the time a dealer receives or purchases a precious item, the dealer or the agent or employee of the dealer shall ensure that the following information is recorded accurately on a record of transaction form:

a.

The dealer certificate of registration number;

b.

A photograph and general description of the precious item or precious items received or purchased, including the type of metal or precious gem. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case. In the case of jewelry, all letters and marks inscribed on the jewelry shall be included in the description;

c.

The date of the transaction;

d.

The name of the person conducting the transaction;

e.

The name, date of birth, driver's license number or state of Michigan personal identification card number, and street and house number of the customer, together with a photograph of the customer and a thumbprint or fingerprint of the customer. The photograph and thumbprint or fingerprint shall only be required on the record of transaction form retained by the dealer, but made available to the police department upon request in accordance with Public Act 95 of 1981;

f.

The price to be paid by the dealer for the precious item or precious items;

g.

The form of payment made to the customer; check, money order, bank draft, or cash. If the payment is by check, money order, or bank draft, the dealer shall indicate the number of the check, money order, or bank draft;

h.

The customer's signature.

2.

The record of each transaction shall be numbered consecutively, commencing with the number 1 and the calendar year.

3.

Within forty-eight hours after receiving or purchasing a precious item, the dealer shall send a copy of the record of transaction form to the city police department and, if the record of transaction form indicates that the customer resides outside the city, the dealer shall send a copy of the record of transaction form to the police agency of the community in which the customer resides.

4.

The record of transaction forms of a dealer and each precious item received shall be open to inspection by the county prosecuting attorney and the city police department in accordance with Public Act 95 of 1981.

5.

Each record of a transaction shall be retained by the dealer for not less than one year after the transaction.

C.

Retaining Precious Item Prior to Alteration. A precious item received by a dealer shall be retained by the dealer for at least nine calendar days after it was received, without any form of alteration other than that required to make an accurate appraisal of its value.

(Ord. 08-05 § 1 (part), 2008)

A.

Purpose and Intent. It is the purpose of this chapter to regulate sexually oriented businesses to promote and protect the health, safety, morals and general welfare of the citizens of the city of Wixom and to establish reasonable and uniform regulations to prevent a concentration of sexually oriented businesses within the city. These regulations are intended to control the negative secondary impacts such businesses have been documented to have on the surrounding area and the community. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Likewise, it is not the intent of this title to legitimize activities which are prohibited by city ordinance or state or federal law.

B.

Definitions. Sexually oriented businesses, as defined in Chapter 18.24 shall be subject to the regulations of this chapter.

C.

Classification. Sexually oriented businesses are classified as follows:

1.

Adult arcades;

2.

Adult bookstores or adult video stores;

3.

Adult cabarets;

4.

Adult massage parlors;

5.

Adult motels;

6.

Adult motion picture theaters;

7.

Adult theaters;

8.

Adult nudity or retail stores;

9.

Escort and escort agencies;

10.

Nude model studios;

11.

Sexual encounter centers.

D.

Location of Sexually Oriented Business.

1.

A sexually oriented business shall not be located closer than one thousand feet to the property line of any of the following:

a.

Church, religious institution, or building used primarily for religious worship and related religious activities;

b.

Public or private elementary or secondary school, vocational school, special education school, junior college or university;

c.

Any one-family zoning district, multiple-family zoning district or village center area zoning district;

d.

Lot or parcel in residential use;

e.

Public park;

f.

Existing sexually oriented business;

g.

Child care facility, nursery or preschool.

2.

A sexually oriented business site shall only be located within a zoning district where it is listed as an allowable use.

3.

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property site boundary of a sexually oriented business to the nearest property line of the premises of any use, district or right-of-way listed in subsection (D)(1) of this section. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the site or property boundary in which each business is located. Access easements or portions of the parcel that are exclusively used to provide access to the site of the sexually oriented business shall be excluded from the parcel boundary in determining whether the site complies with the required separation. The intent of this exclusion is to allow sexually oriented businesses to comply with the separation requirement from major thoroughfares by means of an access easement or access strip of land from the site to the thoroughfare.

4.

A person is in violation of this title if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet of another sexually oriented business.

5.

A person is in violation of this title if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

6.

All off-street parking areas and entry door areas of a sexually oriented business shall be illuminated from dusk until the closing time of the business with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on all parking surfaces and/or walkways. This requirement is to ensure the personal safety of patrons and employees, and to reduce the incidence of vandalism and other criminal conduct.

7.

Any business now classified as a sexually oriented business lawfully operating on the date of adoption of the ordinance codified in this title that is in violation of Section 18.10.010, 18.10.020 or 18.10.030 shall be deemed a nonconforming use.

E.

Nude Entertainment Prohibited in Alcoholic Commercial Establishment. It shall be unlawful for any person to perform in any alcoholic commercial establishment, to knowingly permit or allow to be performed therein, any of the following acts or conduct:

1.

The public performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellations, or any sexual acts which are prohibited by law;

2.

The actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals in public; or

3.

The actual or simulated public displaying of the pubic hair, anus, vulva or genitals.

It is unlawful for the owner, operator, agent or employee of an alcoholic commercial establishment to allow any female to appear in an alcoholic commercial establishment so costumed or dressed that one or both breasts are wholly or substantially exposed to public view. Topless or bottomless or totally uncovered waitresses, bartenders or barmaids, entertainers including dancers, impersonators, lingerie shows, or any other form for the attraction or entertainment of customers, is strictly prohibited. "Wholly or substantially exposed to public view" as it pertains to breasts shall mean the showing of the female breast in an alcoholic commercial establishment with less than a fully opaque covering of all portions of the areola and nipple, and the prohibition shall also extend to such events similar to wet t-shirt contests, lingerie shows or bikini shows.

F.

Exterior Display and Signs. A sexually oriented business is in violation of this chapter if:

1.

The merchandise or activities of the establishment are visible from any point outside the establishment;

2.

The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawings or pictorial representations of any specified anatomical area or sexually explicit activity as defined in this title; or

3.

Neon or flashing lights.

G.

License Required to Operate a Sexually Oriented Business. Special land use and site plan approval shall be granted on the condition that the operator or owner of a sexually oriented business obtains a license to operate the business as required by Title 5 of the city code.

H.

Enforcement. A violation of the provisions of this chapter shall result, in addition to the remedies provided herein, possible criminal violations consisting of a fine of five hundred dollars or a jail term of ninety days, or both.

I.

Injunction. In addition to the provisions of this chapter, the city, at its option, may commence proceedings in the circuit court under the appropriate court rule or statute to enjoin any activity conducted by a sexually oriented business that is deemed to be in violation of these provisions.

(Ord. 08-05 § 1 (part), 2008)