It is the purpose and intent of this chapter to minimize the negative secondary effects associated with sexually oriented businesses, and thereby promote the health, safety and general welfare of the patrons of and performers at sexually oriented businesses and the citizens and residents of the Village, through licensing and regulating sexually oriented businesses and related activities. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any expressive activity or 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 to the United States Constitution or Mich. Const. 1963, Art. I, § 5, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to legitimize activities prohibited by Village ordinance or by county, state or federal law.
In addition, the following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise specifically stated:
- Any person who engages in the practice of or performs a nontherapeutic massage.
- SEMINUDITY or STATE OF SEMINUDITY
- The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. "Seminudity" includes showing the entire lower portion of the female breast, but shall not include merely showing any portion of the cleavage of the female breast, as exhibited by the wearing of a bathing suit, blouse, dress, leotard, skirt or other apparel provided the areola is not exposed in whole or part.
- SPECIFIED CRIMINAL ACTIVITY
- An offense involving any of the following activities for the specified time periods:
- (1) Dissemination of obscenity; sale, distribution or display of sexually explicit or otherwise harmful material to a minor; possession or distribution of child pornography; sexual performance by a child; child molestation; indecency with a child; indecent exposure; public lewdness; prostitution or assignation (accosting, promoting or soliciting for purposes of prostitution); sexual assault; engaging in organized criminal activity; gambling; distribution of a controlled substance; or any offense under the criminal or penal code of any other state or country similar to those described in this subsection.
- (2) "Specified time periods" means that:
- (a) Less than two years have passed since the date of the conviction or the date of release from confinement, whichever is later, if the conviction is for a single misdemeanor offense;
- (b) Less than five years have passed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the convictions are for two or more misdemeanor offenses or any combination of misdemeanor offenses occurring within a twenty-four-month period; or
- (c) Less than five years have passed since the date of conviction or the date of release from confinement, whichever is later, if the conviction is for a felony offense.
- (3) A pending appeal of a conviction shall have no effect on the definition of specified criminal activity.
No person shall dance, entertain, display or otherwise engage in any exhibition or performance in such a manner as to expose to the view of any person within a sexually oriented business, or in any other commercial establishment, any specified anatomical areas, or any device, costume or covering which gives the appearance of or simulates any specified anatomical areas.
No person shall engage in any specified sexual activities on the premises of a sexually oriented business.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.