[Adopted 11-13-1990 by Ord. No. 211]
It is hereby determined that display or depiction
of nudity or sexual acts in establishments licensed to sell intoxicating
beverages, among other things, leads to prostitution, other crime
and has a detrimental effect on the public health, safety and welfare.
It has been determined that the regulations contained herein are necessary
to protect the general health, safety and welfare of the community.
A.
No person holding a license pursuant to the Michigan
Liquor Control Act[1] or the person in charge of the licensed premises, or any
employee of the licensee, shall engage in or permit on the licensed
premises any person, brutes, beasts or animals to perform acts of
or acts, whether live, on film, videotape, broadcast or by any other
means, which constitute or simulate:
(1)
Sexual intercourse, fellatio, cunnilingus, masturbation,
sodomy, bestiality, flagellation or any other act by a person involving
the touching or contacting of the genitals or any sexual acts which
are prohibited by law.
(2)
The touching, caressing or fondling of the breast,
buttocks, pubic region or genitals or the stimulation thereof by any
device, tool, implement or object.
(3)
The actual or simulated displaying or exposure or
simulations of the pubic hair, pubic region, anus, vulva or genitals
of humans, brutes, beasts or animals.
(4)
The exposure of postpubertal female breast by any
person. For the purpose of this subsection, a female breast is considered
exposed if any portion of the breast below a line immediately above
the top of the areola is exposed.
(5)
Scenes wherein artificial devices or inanimate objects
are employed to depict any of the prohibited activities described
above.
(6)
No licensee shall permit any person to remain in or
about the licensed premises who is nude or engaging in acts prohibited
by this Code.
[1]
Editor's Note: The Liquor Control Act was
repealed by P.A. 1998, No. 58, § 1301, effective 4-14-1998.
See now the Michigan Liquor Control Code of 1998, MCLA § 436.1101
et seq.
B.
Prosecution under this Code is additional to any other
liabilities to which the defendant may be subjected by law, ordinance,
etc.
As used in this article, the following terms
shall have the meanings indicated:
Uncovered, or less than completely and opaquely covered,
human genitals, pubic regions, buttocks, and human female breasts
below a point immediately above the top of the areola or the covered
human male genitals in a discernibly turgid state.
[Amended 1-13-2015 by Ord. No. 333]
Any person, corporation, partnership or the like who or which shall violate this article shall be guilty of a municipal civil infraction punishable by the provisions set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
Any violation of this article, if continuing
or more than one violation, is hereby deemed a public nuisance.
