ARTICLE VII. OFFENSES AGAINST PUBLIC MORALS
24-203. Public indecency.
(a) For purposes of this section, the term "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola, or the showing of the covered male genitals in a discernibly turgid state. For purposes of this section, nudity shall not include a woman’s breastfeeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding.
(b) For purposes of this section, the term "public place or vehicle" means any of the streets, alleys, parks, boulevards, schools or other public property in the township, or any dance hall, rental hall, theater, amusement park, liquor establishment, store, depot, place of public accommodation or other private property generally frequented by the public for the purposes of education, recreation, amusement, entertainment, sport, shopping or travel; or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation, or authority, or owned or operated by any nongovernmental agency for the use, enjoyment or transportation of the general public.
(c) A person has committed the crime of public indecency, which is a misdemeanor, when he knowingly or intentionally, in a public place or vehicle:
(1) Engages in sexual intercourse;
(2) Engages in deviant sexual conduct;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of himself or another person.
(d) Every person convicted of a violation of any provision of this section shall be guilty of a municipal civil infraction and be punished as provided in this Code for municipal civil infractions. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. The penalty provided shall be in addition to the abatement of any violating condition or any injunctive relief or any other civil remedy ordered by a court of law.
(Ord. No. 212, § 1, 6-4-2007)
State law reference— Open or indecent exposure, MCL 750.335a.
24-204—24-220. Reserved.
DIVISION 2. SEXUALLY ORIENTED BUSINESSES
24-221. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Achromatic means colorless or lacking in saturation or hue. The term includes, but is not limited to, grays, tans and light earth tones. The term does not include white, black or any bold coloration that attracts attention.
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, internet or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of sexually explicit activities or specified anatomical areas.
Adult bookstore or adult video store means a commercial establishment which offers for sale or rental for any form of consideration, occupying 15 percent or more of the floor area of the establishment, any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video matter or photographs, cassettes or video reproductions, slides or other visual representation which depict or describe sexually explicit activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with sexually explicit activities.
Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of restricted nudity;
(2) Live performances which are characterized by the partial exposure of specified anatomical areas; or
(3) Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas.
Adult motel means a hotel, motel 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, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Permits patrons to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web;
(3) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(4) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas.
Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by the performance of sexually explicit activities.
Business day means any day the township clerk’s office is open for business, and does not include Saturday, Sunday, a legal holiday or a day on which weather or other conditions have made the township clerk’s office inaccessible.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
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;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The location or relocation of any sexually oriented business.
Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
Nudity or state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals or female breast, as defined by MCL 41.181(3).
Seminude means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude or permits patrons to display or to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web.
Sexually explicit activities means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition; or
(5) Any activity intended to arouse, appeal to or gratify a person’s lust, passions or sexual desires.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment, or any place that permits patrons to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web.
Specified anatomical areas means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock or female breast or any portion thereof that is situated below a point immediately above the top of the areola; or any combination of the foregoing; or
(2) Human genitals in a state of sexual arousal, even if opaquely and completely covered.
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(1) The sale, lease or sublease of the business and/or substantially all of its assets;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal devise 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.
(Ord. No. 212, § 2, 6-4-2007)
24-222. License required for sexually oriented business; penalty for violation of division.
(a) It shall be unlawful for any owner to operate a sexually oriented business without a valid license issued by the township for the particular type of sexually oriented business.
(b) Any owner violating any provision of this division shall, upon conviction, be guilty of a municipal civil infraction and be punished as provided in this Code for municipal civil infractions. Each day such violation shall continue shall constitute a separate offense.
(Ord. No. 212, § 3, 6-4-2007)
24-223. Application; review process; basis for denial.
(a) Any owner desiring to operate a sexually oriented business for which a license is required shall first make application to the township clerk for a license on a form provided by the township clerk.
(b) The application must also be accompanied by a plan of operation prepared in accordance with the sexually oriented business application information sheet provided by the township clerk.
(c) At the time the application is filed, a nonrefundable application fee, as established from time to time by resolution of the township board shall be remitted to the township treasurer and shall be in addition to any other fee required by this Code.
(d) If an owner who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as the applicant. If an owner who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet all requirements set forth in this division, and each applicant shall be considered a licensee if a license is granted.
(e) At the time the completed application for a sexually oriented business is submitted, the township clerk or his designee will check the application for completeness of information within ten business days of the date the application is submitted. If the application is determined to be incomplete, it shall within ten business days be returned to the applicant with a written statement identifying all deficiencies or missing information prior to resubmission to the township clerk.
(f) The applicant must acknowledge that all information provided to the township is true and accurate, and must further agree to be liable for the payment of the township’s legal fees in the event the township is successful in any administrative or judicial proceedings alleging a violation of these provisions.
(g) Following the determination of completeness by the township clerk, the township clerk will within four business days forward the application to any two of the three full-time elected township officials, who shall within 30 business days of having received the application from the township clerk, make a decision to approve or deny a license to operate a sexually oriented business.
(h) Within the aforementioned 30-business-day period, written reviews shall be prepared by the fire department and building department. As part of the review process, representatives of the respective township departments may inspect the proposed premises to determine compliance with the requirements herein.
(i) The following may constitute the basis for denial of a license to operate a sexually oriented business:
(1) An applicant is under 18 years of age.
(2) An applicant is overdue in his payment to the township of taxes, fees, fines or penalties assessed against or imposed in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application forms.
(4) An applicant has been convicted of a violation of a provision of this section, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the filing of the application. The fact that a conviction is being appealed shall be given no consideration.
(5) The premises to be used for the sexually oriented business has not been approved by the health department, fire department or building official; or the premises is not in compliance with applicable laws and ordinances.
(6) The license fee required by this section has not been paid.
(7) An applicant has owned, operated or been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner.
(8) An applicant has a record of conviction for an offense involving gambling, narcotics, prostitution, pandering, pornography, public indecency, sexual assault or any violation of any provision of this division within the preceding two years. The fact that a conviction is being appealed shall be of no consideration.
(9) The applicant is not in compliance with applicable zoning ordinances.
(j) A license may also be denied if the township clerk determines that the applicant is presently unfit to operate a sexually oriented business due to the applicant’s overall criminal record, regardless of the date of any criminal conviction. In determining present fitness or unfitness under this section, the chief of police shall consider the following factors:
(1) The extent and nature of past criminal activities;
(2) The age at the time of the commission of the crime;
(3) The amount of time that has elapsed since the last illegal activity;
(4) The conduct and work activity prior to and following the illegal activity;
(5) Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement and correctional officers who prosecuted, arrested or had custodial responsibility for that person, the sheriff and chief of police in the community where the applicant resides, and any other persons in contact with the applicant. It is the responsibility of the applicant, to the extent reasonably possible, to secure and provide necessary and reliable evidence required to determine present fitness.
(Ord. No. 212, § 4, 6-4-2007)
24-224. License expiration; renewal; application and renewal fees; continued right to inspect premises.
(a) A license under this division shall expire one year from the date of issuance.
(b) A licensee under this division shall be entitled to a renewal of the license after the township clerk has completed or obtained a criminal record check, except when the license has been suspended or revoked upon presentation of the previous license or presentation of an affidavit as to its loss or destruction to the township clerk; filing of a completed renewal form provided by the township clerk; payment of a nonrefundable renewal fee in an amount established from time to time by resolution of the township board; and review and approval of the renewal application by two of the three full-time elected township officials. Application for renewal must be made at least 30 business days prior to the expiration of the existing license to allow adequate time for review and decision by the township.
(c) The initial fee for a sexually oriented business license is $1,000.00. For any existing sexually oriented business as of the effective date of the ordinance from which this division is derived, the fee for a license is $350.00. The annual renewal fee for a sexually oriented business is $350.00. All fees shall be subject to annual review by the township board of trustees, and such fees may from time to time be changed by resolution of the township board of trustees.
(d) An applicant or licensee shall permit representatives of the police department, health department, fire department and building department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law prior to or at any time it is occupied or open for business.
(Ord. No. 212, § 5, 6-4-2007)
24-225. Suspension; revocation.
(a) The township shall suspend a license for a period of 30 days or until compliance, if it determines that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with this division;
(2) Knowingly permitted alcohol consumption or engaged in excessive alcohol consumption on the premises of a sexually oriented business, with the exception of an adult motel;
(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(4) Knowingly permitted gambling by any person on the sexually oriented business premises;
(5) Demonstrated an inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers;
(6) Allowed, authorized, conducted or engaged in any criminal activity on the premises;
(7) Provided any false information to the township on any initial or renewal application sheet.
(b) The township shall revoke a license if a basis for suspension in subsection (a) of this section occurs and the license has been suspended within the preceding 12 months.
(c) The township shall revoke a license if it is determined that:
(1) A licensee gave false or misleading information in the material submitted to the township during the application or renewal process;
(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(5) A licensee has been convicted of an offense listed in section 24-223 for which the time period required has not elapsed;
(6) On two or more occasions within a 12-month period, a person committed an offense occurring in or on the licensed premises of a crime listed in section 24-223 for which a conviction has been obtained, and the persons were employees of the sexually oriented business at the time the offenses were committed;
(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises;
(8) The plan of operation has been changed or the premises was enlarged without approval of the township.
(d) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(e) Subsection (c)(7) of this section does not apply to adult motels as a ground for revoking the license.
(f) When the township revokes a license or permit, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the township finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under section 24-223 an applicant may not be granted another license until the appropriate number of years required has elapsed since the termination of any sentence, parole or probation.
(Ord. No. 212, § 6, 6-4-2007)
24-226. Appeals.
In any instance in which the township denies the issuance of a license to an applicant to operate a sexually oriented business, the township shall, within 30 business days of the approval/denial deadline established in section 24-223 herein, proceed to a court of competent jurisdiction and institute a declaratory judgment action seeking to secure a declaratory ruling approving the township’s sexually oriented business licensure requirement under this section. Notwithstanding anything to the contrary contained herein, the applicant for an SOB license may, at any time, seek prompt judicial review of any act or failure to act by the township regarding an SOB license or application for the same.
(Ord. No. 212, § 7, 6-4-2007)
24-227. Transfer of license.
A licensee shall not transfer his 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 application.
(Ord. No. 212, § 8, 6-4-2007)
24-228—24-246. Reserved.
DIVISION 3. OPERATING REQUIREMENTS
24-247. Nudity on licensed premises.
(a) No person, while appearing in a state of nudity as defined by this section, shall frequent, loiter, work for or perform in any establishment licensed or subject to licensing by the state liquor control commission. No proprietor or operator of any such establishment shall allow the presence in such establishment of any person who violates the provisions of this section.
(b) The term "nudity" shall be defined to be the exposure by view of persons, of any of the following body parts, either directly or indirectly, including, but not limited to, exposure, see-through clothing articles or body stockings:
(1) The whole or part of the pubic region;
(2) The whole or part of the anus;
(3) The whole or part of the buttocks;
(4) The whole or part of the genitals;
(5) The breast area including nipple, or more than one-half of the area of the breast.
(Ord. No. 212, § 9, 6-4-2007)
24-248—24-266. Reserved.
DIVISION 4. PORNOGRAPHY1
24-267. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Audience means one or more persons who are permitted to view a performance for valuable consideration, or in or from a public place.
Display publicly means the exposing, placing, posting, exhibiting or in any other fashion displaying in any location, whether public or private, material or a performance in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision if viewed from a public place or vehicle.
Disseminate means to manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present material or to offer or agree to do the same, or to have in one’s possession with intent to do the same.
Material means any printed matter, visual representation or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspaper, pictures, photographs, drawings, three-dimensional forms, sculptures and phonograph, tape or wire recordings.
Minor means any person under 18 years of age.
Nudity means uncovered, or less than opaquely covered, postpubertal human genitals or private areas, the postpubertal human female breast below a point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. For the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
Pander means advertising or propagandizing in connection with the sale of material, the offering of a service or the presentation or exhibition of a performance by appealing to the prurient interest of potential customers.
Performance means any live or reproduced exhibition, including, but not limited to, any play, motion picture film, dance or appearance presented to or performed before an audience.
Pornographic means relating to pornography.
Pornography means any material or performance when all the following elements are present:
(1) Considered as a whole, by the average person, applying the contemporary community standards of the township, it appeals to the prurient interest.
(2) It depicts, describes or represents in a patently offensive way, sexual conduct.
(3) It lacks serious literary, artistic, political or scientific value.
Pornography for minors means any material or performance when all the following elements are present:
(1) Considered as a whole by the average person applying the contemporary community standards of the township with respect to what is suitable for minors, it is presented in such a manner as to appeal to a minor’s prurient interest.
(2) It depicts, describes or represents in a patently offensive way, nudity or sexual conduct.
(3) It lacks serious literary, artistic, political or scientific value for minors.
Prurient interest means the desire or craving for sexual stimulation or gratification. In determining prurient interest, the material or performance shall be judged with reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to the prurient interest of a particular group of persons including, but not limited to, homosexuals or sadomasochists. In that case, it shall be judged with reference to the particular group for which it was designed. The term "public place" or "vehicle" means any of the streets, alleys, parks, boulevards, schools or other public property in the city, or any dance hall, rental hall, theater, amusement park, liquor establishment, store, depot, place of public accommodation or other private property generally frequented by the public for the purposes of education, recreation, amusement, entertainment, sport, shopping or travel; or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation, or authority, or owned or operated by any nongovernmental agency for the use, enjoyment or transportation of the general public.
Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing or bizarre costume, or the condition of such person being fettered, bound or otherwise physically restrained, in an apparent act of sexual stimulation or gratification.
Sexual conduct includes the following:
(1) Masturbation;
(2) Sexual intercourse, whether genital-genital, oral-genital, oral-anal or anal-genital;
(3) Any erotic fondling or touching of the covered or uncovered genitals, buttocks, private area or any part thereof the breasts of the female, whether the conduct described in subsections (1) through (3) of this definition is engaged in alone or between members of the same or opposite sex, or between humans and animals or humans and inanimate objects;
(4) Actual or simulated display or exhibition of the human pubic area or genitals or any part thereof;
(5) Sexual excitement; or
(6) Sadomasochistic abuse.
Sexual excitement means the facial expressions, movements, utterances or other responses of a human male or female, whether alone or with others, whether clothed or not, who is in an apparent state of sexual stimulation or arousal, or experiencing the physical or sensual reactions of humans engaging in or witnessing sexual conduct.
(Ord. No. 212, § 10, 6-4-2007)
24-268. Promoting pornography–Generally.
(a) It shall be unlawful for any person to promote pornography. A person commits the offense of promoting pornography if, knowing its contents and character, he:
(1) Disseminates or causes to be disseminated any pornographic material in or from a public place or vehicle, or for valuable consideration; has in his possession any pornographic material with intent to so disseminate; or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him, for such dissemination of pornographic material;
(2) Sells an admission ticket or pass to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic;
(3) Admits, by accepting a ticket or pass, a person to premises where there is being exhibited or is about to be exhibited material or performance which is pornographic;
(4) Produces, presents, directs or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him to be used for a pornographic performance before an audience;
(5) Participates in that portion of a live performance before an audience which makes it pornographic; or
(6) Panders, displays publicly or disseminates door-to-door, any pornographic material or performance or causes such pandering, public display or door-to-door dissemination.
(b) For the purpose of this section, possession of two or more identical copies of any pornographic material by any person engaged in the business of disseminating material, as described in subsection (a) of this section, shall be prima facie evidence of possession with an intent to disseminate for valuable consideration.
(Ord. No. 212, § 11, 6-4-2007)
24-269. Same–For minors.
(a) It shall be unlawful for any person to promote pornography for minors. A person commits the offense of promoting pornography for minors if, knowing its content and character, he:
(1) Disseminates or causes to be disseminated to a minor material which is pornography for minors, or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him for the dissemination to a minor of material which is pornography for minors;
(2) Exhibits to a minor a motion picture film or other performance which is pornography for minors;
(3) Sells to a minor an admission ticket or pass to any building, vehicle or place where there is being exhibited or is about to be exhibited a motion picture film or other performance which is pornography for minors;
(4) Admits a minor to any building, vehicle or place where there is being exhibited or is about to be exhibited a motion picture film or other performance which is pornography for minors;
(5) Knowingly produces, presents, directs or allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him for the presentation or performance which is pornography for minors, before an audience which includes a minor; or
(6) Displays publicly or disseminates door-to-door any material or performance which is pornography for minors, or causes such public display or door-to-door dissemination.
(b) Subsections (a)(1)–(5) of this section do not apply to a parent, guardian or other person in loco parentis to the minor.
(Ord. No. 212, § 12, 6-4-2007)
State Law reference—Possession or dissemination of obscene material, MCL 752.361 et seq.