Village of Spring Lake, MI
Ottawa County
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Table of Contents
Table of Contents
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:
A. 
Own or operate a sexually oriented business within the Village unless that sexually oriented business is licensed and is in full compliance with the provisions of this chapter and Chapter 390, Zoning, Article IV, Sexually Oriented Businesses;
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:
(1) 
Where the business entity is a partnership, the partnership shall state:
(a) 
Its complete name;
(b) 
The names of all partners; and
(c) 
The status of the partnership as a general or limited partnership; and shall include a copy of the partnership agreement, if any agreement exists.
(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.
(8) 
The applicant has failed to pay the application and investigation fee required by § 285-11.
(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.).