[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Massage establishments — See Ch. 251.
[Adopted 1-14-1998 by Ord. No. 1-1998 (Part 48 of the 1991
Compilation of Ordinances)]
The Charter Township of Cascade hereby finds and declares that:
A.
There exists a need to prevent commercial exposure of minors to sexually
provocative written, photographic, printed, or published material
as are hereinafter defined and are hereby declared to be harmful to
minors; and
B.
It is in the best interest of the health, safety, and welfare of
the citizens of this Township and state, and particularly of minors
within the Township and state, that commercial display of such sexually
provocative written, photographic, printed, or published material
deemed harmful to minors be restricted from persons under the age
of 18 years.
As used in this article, the following terms have the following
meanings, unless the context clearly requires otherwise:
The quality of any description, exhibition, or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse when the material, taken as a whole, has the
following characteristics:
The average adult person applying contemporary community standards
would find that the material has a predominant tendency to appeal
to the prurient interest in sex to minors; and
The average adult person applying contemporary community standards
would find that the material depicts or describes nudity, sexual conduct,
sexual excitement, or sadomasochistic abuse in a manner that is patently
offensive to prevailing standards of the adult community with respect
to what is suitable to minors; and
The material lacks serious literary, scientific, educational,
artistic, or political value to minors.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and context of any material which is reasonably
susceptible to examination by the defendant; and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a bona fide attempt to ascertain the true age of such minor.
Any book, magazine, newspaper, pamphlet, poster, print, picture,
figure, description, or image.
Any unmarried person under the age of 18 years.
The showing of human male or female genitals, pubic area,
or buttocks with less than full opaque covering; the showing of the
female breast with less than opaque covering of any portion thereof
below the top of the nipple; or the depiction of covered male genitals
in a discernibly turgid state.
Any individual, partnership, association, corporation, or
other legal entity of any kind.
An attempt to ascertain the true age of the minor by requiring
production of a driver's license, marriage license, birth certificate,
or other governmental or educational identification card or paper
and not relying solely on the oral assertions or apparent age of the
minor.
Actual or simulated flagellation or torture by or upon a
person who is nude, clad in undergarments, a mask or bizarre costume,
or the condition of being constrained, bound or otherwise physically
restrained on the part of the one so clothed or nude.
The acts of masturbation, homosexuality, sexual intercourse,
or physical conduct with a person's clothed or unclothed genitals,
pubic area, buttocks or, if such person be a female, breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
A.
No person having custody, control, or supervision of any commercial
establishment shall knowingly:
(1)
Display
material which is harmful to minors in such a way that minors, as
part of the general invited public, will be exposed to view of such
material provided; or
(2)
Sell, furnish, present, distribute, allow to view, or otherwise disseminate
to a minor, with or without consideration, any material which is harmful
to minors.
B.
However, a person shall be deemed not to have displayed materials
to minors if the material is kept behind devices commonly known as
"blinder racks" so that the lower 2/3 of the material is not exposed
to view, or if each item of such materials is blocked from view by
a wrapping with a nontransparent cover, only if those portions of
the cover, covers, or packaging is not exposed to view by the nontransparent
cover.
Section 85-3 of this article shall not apply to a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency or quasi-governmental agency or persons acting in their capacity as employees or agents of such organizations.
[Adopted 4-25-2001 by Ord. No. 3-2001]
This article shall be known as the "Adult-Oriented Business
Ordinance."
The following definitions shall apply in the interpretation
and enforcement of this article unless otherwise specifically stated:
A nightclub, restaurant, or other establishment which regularly
features or displays:
Live performances predominantly characterized by an emphasis
on the exposure of any specified anatomical area or by any specified
sexual activity; or
Films, motion pictures, video cassettes, slides, other photographic
reproductions, or visual media predominantly characterized by an emphasis
on the depiction or description of any specified sexual activity or
any specified anatomical area.
An establishment that emphasizes merchandise that is predominantly
distinguished or characterized by its emphasis on matter depicting,
describing or relating to any specified sexual activity or any specified
anatomical area. An establishment emphasizes merchandise that is predominantly
distinguished by its emphasis on matter depicting, describing or relating
to any specified sexual activity or any specified anatomical area
if any one or more of the following applies to the establishment:
Twenty-five percent of the establishment's retail floor
space (i.e., excluding bathrooms, office areas, fitting rooms, eating
areas, storage rooms/closets, etc.) is used for the sale of merchandise
that is predominantly distinguished or characterized by its emphasis
on matter depicting, describing or relating to any specified sexual
activity or any specified anatomical area.
Twenty-five percent of the establishment's visible inventory
is comprised of merchandise that is predominantly distinguished or
characterized by its emphasis on matter depicting, describing or relating
to any specified sexual activity or any specified anatomical area.
Twenty-five percent of the establishment's gross revenues
are generated by the sale or rental of merchandise that is predominantly
distinguished or characterized by its emphasis on matter depicting,
describing or relating to any specified sexual activity or any specified
anatomical area.
The establishment is operated consistent with its being an adult-oriented
business [e.g., advertising is directed to an "adults only" market;
the establishment self-imposes (or imposes consistent with state or
federal law) prohibitions on minors being present in the establishment;
segregated areas of the business are devoted predominantly to the
sale or rental of such merchandise; etc.].
The establishment displays merchandise that is predominantly
distinguished or characterized by its emphasis on matter depicting,
describing or relating to any specified sexual activity or any specified
anatomical area such that that merchandise is visible to patrons in
the store and without cover (as opposed to a situation where a de
minimus amount of such merchandise, while available for sale or rental,
is covered or otherwise shielded from the view of patrons).
A comparison between i) the establishment's ratio of general
product to merchandise that is predominantly distinguished or characterized
by its emphasis on matter depicting, describing or relating to any
specified sexual activity or any specified anatomical area and ii)
other retail establishments' ratio of general product to merchandise
that is predominantly distinguished or characterized by its emphasis
on matter depicting, describing or relating to any specified sexual
activity or any specified anatomical area, indicates that the establishment
emphasizes merchandise depicting, describing or relating to any specified
sexual activity or any specified anatomical area.
An establishment with a segment or section devoted to the sale
or display of adult-oriented merchandise.
A hotel, motel or similar establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television (as distinguished
from commercial cable services) transmissions, films, motion pictures,
video cassettes, slides, other photographic reproductions or visual
media that are characterized by an emphasis on the depiction or description
of any specified sexual activity or any specified anatomical area;
or
Offers a sleeping room for rent, or allows a tenant or occupant
of a sleeping room to subrent the room, for a period of time that
is less than 10 hours, if the rental of such rooms accounts for more
than 10% of the establishment's gross revenues.
A business or commercial establishment engaging in one or
more of the following enterprises:
A theater, concert hall, auditorium, or similar establishment
which regularly features live performances predominantly characterized
by an emphasis on the exposure of any specified anatomical area or
by any specified sexual activity or which regularly or primarily shows
films, motion pictures, video cassettes, slides, other photographic
reproductions or visual media predominantly characterized by an emphasis
on the depiction or description of any specified sexual activity or
any specified anatomical area. This definition includes, without limitation,
establishments which offer individual viewing booths.
A person who, for any form of consideration and regardless
of who pays that consideration, agrees to act or offers to act as
a companion or date for another person, or who agrees or offers to
privately model lingerie or to privately perform a striptease for
another person.
A person or entity which furnishes, offers to furnish, or
advertises to furnish escorts as one of its primary business purposes
for a fee, tip, or other consideration. An escort agency is deemed
to be operated in the location where:
An alcohol rub, fomentation, bath, common massage, magnetic
message procedure, manual manipulation of the body or any method treating
external parts of the body for remedial or hygienic purposes, consisting
of rubbing, stroking, kneading, adjusting or tapping with the hand,
elbow, fingers or any instrument, electric, magnetic or otherwise,
with or without supplementary aids.
Any building, Turkish bath parlor, steam bath, sauna bath,
room, premises, place, institution or establishment, where body message
is regularly practiced on the human body, to club members or to the
general public for a charge or consideration, but the term "massage
establishment" shall not include licensed hospitals, nursing homes,
medical clinics, office of a physician, surgeon, osteopath or chiropractor.
Anything tangible, whether through the medium of reading,
observation, sound, or in any other manner, including, but not limited
to, anything printed or written, any book, magazine, newspaper, pamphlet,
picture, drawing, pictorial representation, motion picture, photograph,
videotape, video disk, film, transparency, slide, audiotape, audio
disk, computer tape, holographic images, or any other medium used
to electronically produce or reproduce images, or any mechanical,
chemical, or electronic reproduction. Material includes undeveloped
photographs, molds, printing plates, and other latent representational
objects whether or not processing or other acts are required to make
the content of the material apparent. This definition is intended
to include material which is the product of any technology, whether
that technology is available on the effective date of this article
or becomes available after that date.
Material and novelties.
Any instrument, device, or paraphernalia which depicts or
describes any specific anatomical area or any specific sexual act,
or which is designed for use, or commonly used, in connection with
specific sexual activities, excluding condoms and other birth control
and disease prevention products.
Any place where a person who appears in a state of nudity
or displays any specified anatomical area is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by any other person who pays money or any form of consideration.
[1]An establishment, except that which is part of the practice
of and under the supervision and control of a physician, psychologist,
or psychiatrist licensed to practice in Michigan that offers:
Any one or more of the following:
Any of the following:
All adult-oriented businesses shall comply with the following:
A.
No person under the age of 18 years shall enter or be on the premises
of an adult-oriented business at any time the adult-oriented business
is open, nor shall any owner, partner, performer, contractor, or employee
of an adult-oriented business sell or provide goods, merchandise,
or services to persons under the age of 18.
B.
The following shall not be visible or audible to a person outside
the building in which an adult-oriented business is operated, whether
through a window or doorway or otherwise:
C.
No adult-oriented business shall allow the consumption of alcohol
on the premises of the business.
E.
No adult-oriented business shall engage in business unless each of
the following are satisfied:
F.
Any booth, room, or cubicle, located in any adult-oriented business,
used by patrons for the viewing of merchandise or any other entertainment
must comply with all of the following requirements:
(1)
It must be unobstructed by any door, lock, or other entrance and
exit control device;
(2)
One side must be totally open to a public, lighted aisle so that
there is an unobstructed view at all times from the adjoining aisle
of any occupant;
(3)
It must be illuminated such that a person of normal visual acuity
looking into the booth, room, or cubicle from the entrance adjoining
the public lighted aisle can clearly determine the number of people
within; and
(4)
There shall be no holes or openings in any side or rear wall not
relating to utility, ventilation, or temperature control services
or otherwise required by any governmental code or authority.
G.
No sign or advertising for an adult-oriented business may include
any photographs, silhouettes, drawings, or other representations of
any specified anatomical area or any specified sexual activity.
H.
All adult-oriented businesses shall be open to inspection by the
Township's Ordinance Enforcement Officer, the Building Inspector
any public safety officer, any police officer, any Sheriff deputy,
and any Michigan State Police trooper for the purpose of ensuring
compliance with the law at any time the establishment is occupied
or open for business.
I.
Each escort agency shall maintain permanent records on the premises
showing the name, address, and telephone number of every person for
whom an escort is provided, the fee paid, the name of the escort or
escorts so provided, and the location where the escort and the person
requesting the escort initially meet. These records shall be made
available, upon demand and without prior notice, to any Township official
inspecting the premises pursuant to this article.
A.
Any adult-oriented business offering live entertainment shall provide
all of the following:
(1)
A dressing room for performers with direct access between the dressing
area and the performance area or stage so that the performer may enter
the performance area or stage without entering the area from which
patrons will view the performance;
(3)
That all performances shall occur on a stage elevated at least 18
inches above the immediate floor level and removed at least six feet
from the nearest employee or patron; and
(4)
That the dressing area for performers be separate and not freely
accessible from areas of the business accessible to patrons, and that
the dressing area contains hot and cold running water and toilet facilities.
B.
There shall be no physical contact between any performer and any
other performer or between any performer and any owner, independent
contractor, employee, patron or other person during or for at least
15 minutes following such performance. "Physical contact" includes,
but is not limited to, any contact in which any part of the body or
clothing of one person touches any part of the body or clothing of
the other person or if a person causes anything under that persons
direct control to touch any part of the body or clothing of another
person.
Each adult-oriented business shall register its existence with
the Township Clerk and Zoning Administrator prior to commencing business.
The registration shall provide the following information:
A.
The name, residence address and business address, and telephone number
of the applicant and manager. If the applicant is a partnership, limited
liability company, corporation, or similar business entity, the name
and residence address of each of the officers, directors, managers,
and each of the owners, partners, or shareholders owning 10% interest
or more, either directly or beneficially, shall also be provided.
B.
The name, address, and telephone number of the owner of the building
where the business will be conducted; also, the name, address, and
telephone number of the building manager (if different from the owner).
C.
The location, mailing address, and all telephone numbers where the
business is to be conducted.
A.
Except on a stage or other area of performance as specified in § 85-9 of this article, no person within an adult-oriented business shall display to the view of any other person any specified anatomical area.
B.
No person shall engage in any specified sexual activity on the premises
of an adult-oriented business.
A.
The following shall be a deemed a criminal misdemeanor, subject to the penalties in Chapter 40, Article IV, Penalties for Misdemeanors and Municipal Civil Infractions:
(1)
A violation of any provision of this article; or
(2)
Permitting, allowing, encouraging, or promoting any violation of
any provision of this article, including any owner, manager, employee,
patron, customer, officer, partner or other person; or
(3)
Aiding, assisting, or abetting the violation of any provision of
this article.
B.
A violation of any provision of this article shall also be a nuisance
per se, and the Township may seek an injunction against the violation.
