An applicant or licensee shall allow the Village of Spring Lake/City of Ferrysburg Police Department, the Village Manager or his or her designee, and/or any other law enforcement official, individually or jointly, to inspect the premises of a sexually oriented business at any time it is occupied or open for business for the purpose of ensuring compliance with this chapter; Chapter 390, Zoning, of the Code of the Village of Spring Lake; all other local ordinances; and all other statutes, laws, rules or regulations of the county, state and federal government.
It shall be a violation of this chapter for any person to:
B.
Employ an individual to work for the sexually oriented business in
any capacity when that individual is not licensed as a sexually oriented
business employee by the Village pursuant to this chapter; and
C.
Obtain employment with a sexually oriented business without having
first secured a sexually oriented business employee license pursuant
to this chapter.
A.
An application for a license to operate a sexually oriented business
within the Village shall be made on a form provided by the Village.
The application may require the applicant to provide any and all information
and documentation (including fingerprints and photographs) necessary
to enable the Village to determine whether the applicant meets the
qualifications and requirements established in this chapter. An application
shall not be deemed complete until all such information and documentation
has been provided to the Village by the applicant or the applicant's
agents and/or representatives.
B.
If the sexually oriented business is intended to be operated as a
sole proprietorship by an individual, the individual is deemed the
applicant and shall sign the application for a license.
C.
Where the sexually oriented business is intended to be operated in
any capacity other than as a sole proprietorship, each individual
who has a significant or controlling interest in the business is deemed
to be an applicant; and each such person shall sign the application
for a license. The application shall further provide the following
information:
(2)
Where the business entity is a corporation (C-corporation, S-corporation,
professional corporation, or any other corporation), the corporation
shall state:
(a)
Its complete name;
(b)
The date of its incorporation;
(c)
The state of its incorporation;
(d)
Evidence that the corporation is in good standing under the
laws of its state of incorporation;
(e)
The names and capacities of each office holder, director and
principal stockholders in the corporation; and
(f)
The name of the registered corporate agent and the address of
the registered office for service of process.
(3)
Where the business entity is a limited liability company (member-managed,
manager-managed, professional, or any other limited liability company),
the limited liability company shall state:
(a)
Its complete name;
(b)
The date of its organization as a limited liability company;
(c)
The state in which it was organized as a limited liability company;
(d)
Evidence that the limited liability company is in good standing
under the laws of the state in which it is organized;
(e)
The names of and capacities of each member in the limited liability
company; and
(f)
The name of the manager and the address of the registered office
for service of process.
D.
If the sexually oriented business is intended to be operated under
a name other than that of the applicant, the applicant must state
the fictitious name of the sexually oriented business and submit the
required registration documents.
E.
An application for a sexually oriented business license shall contain
the following information and shall be accompanied by any necessary
documentation for each applicant:
(1)
The application shall state the applicant's legal name and all
prior names and aliases (including stage names) by which the applicant
has ever been known, and submit proof that the applicant is at least
18 years of age.
(2)
The application shall state the applicant's current mailing
address and residential address.
(3)
The application shall state the applicant's driver's license
number, social security number, and state or federally issued tax
identification number.
(4)
The application shall include the applicant's fingerprints on
a form provided by the Village of Spring Lake/City of Ferrysburg Police
Department, the County Sheriff's Department, or the Department
of State Police, and two color photographs of the applicant clearly
showing the applicant's face. Any fees required to produce the
fingerprints and photographs shall be paid by the applicant.
(5)
The application shall state whether the applicant, or a person residing
with the applicant, has ever been convicted of, pleaded guilty to,
or pleaded no contest to a specified criminal activity as defined
in this chapter. In the event of an affirmative response, the applicant
shall state each specified criminal activity involved, along with
the date, place and jurisdiction of each offense.
(6)
The application shall state whether the applicant, or a person residing
with the applicant, has ever had a previous license under this chapter
or any other similar sexually oriented business ordinance of another
municipality or county denied, suspended or revoked. In the event
of an affirmative response, the applicant shall state the name and
location of each sexually oriented business that had its license denied,
suspended or revoked, as well as the date of and reason for the denial,
suspension or revocation.
(7)
The application shall state whether the applicant, or a person residing
with the applicant, has ever been a partner in a partnership, or an
officer, director or principal stockholder of a corporation, or a
member or manager of a limited liability company, or otherwise had
a significant or controlling interest in any business entity that
is or was licensed under this chapter, or any other similar sexually
oriented business ordinance of another municipality or county, whose
license has previously been denied, suspended or revoked. In the event
of an affirmative response, the applicant shall state the name and
location of the sexually oriented business that had its license denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation.
(8)
The application shall state whether the applicant, or a person residing
with the applicant, currently holds any other licenses under this
chapter or any other similar sexually oriented business ordinance
of another municipality or county. In the event of an affirmative
response, the applicant shall state the names and locations of each
licensed sexually oriented business.
(9)
The application shall state the location of the proposed sexually
oriented business, including a legal description of the property,
the street address, and the telephone number, if any.
(10)
Site plan.
(a)
The application shall include a site plan prepared by a land
surveyor who is licensed by the state. The site plan shall show all
the salient features of the proposed sexually oriented business premises
and the surrounding area, including but not limited to the:
[1]
Property lines of any established sexually oriented business within
500 feet of the property to be licensed;
[2]
Current zoning districts of all property within 1,000 feet of
the property to be licensed;
[3]
Property lines of any established Village or county or state
park, school, library, licensed child-care facility, playground, church
or place of worship within 1,000 feet of the property to be licensed;
and
[4]
Property lines of any established residence within 1,000 feet
of the property to be licensed.
(b)
A use shall be deemed established if it is in existence at the
time the application for license is submitted to the Village.
(11)
The application shall include a sketch or a diagram, drawn to
a designated scale with marked dimensions, which shows the proposed
interior configuration of the sexually oriented business premises.
F.
The Village shall grant or deny the requested operating license within
30 days after receiving the completed application for an operating
license. The Village shall grant the operating license to an applicant
unless it is determined by a preponderance of the evidence that one
or more of the following is true:
(1)
The applicant is under 18 years of age.
(2)
The applicant, or a person with whom the applicant is residing, is
currently overdue in payment to the Village of taxes, fees, fines
or penalties assessed against or imposed upon the applicant or a person
with whom the applicant is residing.
(3)
The applicant has falsely answered a question or request for information
on the application.
(4)
The applicant, or a person with whom the applicant is residing, has
previously been denied a license by the Village to operate a sexually
oriented business during the preceding 12 months.
(5)
The applicant, or any person with whom the applicant is residing,
has had a license to operate a sexually oriented business within the
Village revoked during the preceding 12 months.
(6)
The applicant, or a person with whom the applicant is residing, has
been convicted of, pleaded guilty to, or pleaded no contest to a specified
criminal activity as defined in this chapter.
(7)
The premises of the sexually oriented business have not been approved
by the Spring Lake Township Fire Department and the Village Manager
or his or her designee as being in compliance with all applicable
laws and ordinances.
(9)
The existing or proposed sexually oriented business is in violation of or is otherwise not in compliance with any provision of this chapter or any other ordinance of the Village, including but not limited to Chapter 390, Zoning, or any other statute, law, rule or regulation of the county, state or federal government.
G.
The Fire Department and the Village Manager or his or her designee
shall complete their certification that the premises of the proposed
sexually oriented business is in compliance or is not in compliance
within 20 days of the Village's receipt of the application.
H.
A license shall state on its face the name of the person to whom
it is granted, the expiration date of the license, and the address
of the sexually oriented business. All licenses shall be posted in
a conspicuous place at or near the entrance to the sexually oriented
business so that they may be easily read at any time.
A.
An application for a license to work as an employee of a sexually
oriented business located within the Village shall be made on a form
provided by the Village. The application shall not be deemed complete
until all of the following information and documentation has been
provided to the Village by the applicant:
(1)
The application shall state the applicant's:
(a)
Current legal name and all other names and aliases (including
stage names) by which the applicant has ever been known.
(b)
Age, date and place of birth, along with a copy of the applicant's
birth certificate or other proof that the applicant is at least 18
years of age.
(c)
Height, weight, hair color and eye color.
(d)
Current residence address and telephone number.
(e)
Current business address and telephone number.
(f)
Driver's license number or other identification card information.
(g)
Social security number.
(2)
The application shall include a copy of the applicant's fingerprints
on a form provided by the Village of Spring Lake/City of Ferrysburg
Police Department, the County Sheriff's Department, or the Department
of State Police, and a color photograph of the applicant clearly showing
the applicant's face. Any fees required to produce the fingerprints
and photograph shall be paid by the applicant.
(3)
The application shall include a written statement detailing whether
the applicant has ever been convicted of, pled guilty to, or pled
no contest to a specified criminal activity as defined in this chapter.
In the event of an affirmative response, the applicant shall state
the specified criminal activity involved, along with the date, place
and jurisdiction of each offense.
B.
The Village shall issue a temporary employee license to the applicant
upon the applicant filing a complete application for an employee license.
The Village will verify the information provided by the applicant.
The investigation and application process shall be completed within
30 days from the date the completed application is filed. At the end
of that thirty-day period, the Village shall issue an employee license
to the applicant unless it is determined by a preponderance of the
evidence that one or more of the following is true:
(1)
The application is incomplete, in that it does not contain the necessary information required under this chapter, or in that the applicant has failed to pay the application and investigation fee required by § 285-11.
(2)
The applicant has falsely answered a question or request for information
on the application form.
(3)
The applicant is under 18 years of age.
(4)
The applicant has been convicted of, pled guilty to, or pled no contest
to a specified criminal activity as defined in this chapter.
(5)
The license is to be used for employment in a business that is prohibited by any applicable law, statute, rule or regulation, or is specifically prohibited by a particular provision of this chapter or Chapter 390, Zoning.
(6)
The applicant has had an employee license revoked by the Village
within two years of the date of the current application.
C.
If the employee license is denied, the temporary license previously
issued shall immediately be deemed null and void.
A.
Operating licenses.
(1)
Every application for a sexually oriented business license (whether
for a new license or for a renewal) shall be accompanied by a nonrefundable
application and investigation fee to be established by resolution
of the Village Council to cover
the expense of considering, investigating and making a decision on
the application.
(2)
In addition to the application and investigation fee required in Subsection A(1) of this section, every sexually oriented business that is granted a license (new or renewal) shall, within 30 days of the grant of a new or renewed license, pay to the Village an annual nonrefundable license fee to be established by resolution of the Village Council.
B.
Employee licenses.
(1)
Every application for a sexually oriented business employee license
(whether for a new license or for renewal) shall be accompanied by
a nonrefundable application and investigation fee to be established
by resolution of the Village Council to cover the expense of considering,
investigating and making a decision on the application.
(2)
In addition to the application and investigation fee required in Subsection B(1), every applicant who is granted a sexually oriented business employee license (new or renewal) shall, within 30 days of the grant of a new or renewed license, pay to the Village an annual nonrefundable license fee to be established by resolution of the Village Council.
Any license granted under this chapter shall be nontransferable.
A licensee shall not transfer any license to another individual or
business, 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 for the license.
A.
Each license granted under this chapter shall expire one year from
the date the license is granted and may be renewed only by making
a new application for a license as provided in this chapter. A complete
application for renewal of a license shall be made at least 30 days
before the expiration date of the license. If the completed application
is made less than 30 days before the expiration date, the prior license
will still expire one year from the date the license was granted;
and the sexually oriented business must remain closed from the date
of the expiration of the prior license until the date the new license
is granted under this chapter.
B.
If the Village denies the renewal of a license, the applicant shall
be prohibited from reapplying for a new license for a period of one
year from the date of the denial.
The Village shall suspend a license for a period not to exceed
30 days if it determines that a licensee or an employee of a licensee
has refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter, or has otherwise violated
any section of this chapter.
A.
The Village shall revoke a license if the license has been suspended
more than two times within a twelve-month period.
B.
The Village shall revoke a license if the Village determines by a
preponderance of the evidence that any one or more of the following
have occurred:
(1)
A licensee gave false or misleading information in the application.
(2)
A licensee has knowingly allowed the possession, use or sale of controlled
substances on the premises of the sexually oriented business.
(3)
A licensee has knowingly allowed assignation or prostitution on the
premises of the sexually oriented business.
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended.
(5)
The licensee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sex act, including
any specified sexual activity, to occur in or on the licensed premises
of the sexually oriented business.
(6)
The licensee is delinquent in payment to the Village, county or state
for any taxes or fees.
C.
Any revocation of a license shall continue for one year, and the
licensee shall not be issued a sexually oriented business license
for a period of one year from the date the revocation became effective.
Any denial of an initial application or renewal for a license
under this chapter, or any suspension or revocation of any license
under this chapter, may be appealed in writing within 10 days of the
decision to the Village Council. The Village Council shall hold a
hearing within 30 days of receiving the written appeal. The Village
Council shall make its decision upholding or overturning the denial,
suspension or revocation within 30 days of the hearing. The decision
of the Village Council shall be deemed a final decision by the Village.
The applicant or licensee may seek prompt judicial review of such
administrative action in any court of competent jurisdiction. The
administrative action shall be promptly reviewed by the court.
A violation of any provision of this chapter is declared to
be a nuisance, which may be enjoined or abated. Nothing within this
chapter shall preclude the state attorney general, the county prosecuting
attorney, or any citizen of the county from maintaining an action
to enjoin and abate a sexually oriented business as a nuisance, pursuant
to the provisions of Public Act No. 236 of 1961 (MCLA § 600.101
et seq., MSA § 27A.101 et seq.).
