§ 12-101. Definitions.

These definitions shall apply in the interpretation and enforcement of this article unless otherwise specifically stated:

Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depictions or describing of specified sexual activities or specified anatomical areas.

Adult bookstore means a commercial establishment that, as a principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the items set out in subsection (1) or (2):

(1)

Books magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproduction, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

The sale of such materials shall be deemed to constitute a principal business purpose of an establishment if it comprises forty (40) percent or more of sales volume or occupies forty (40) percent or more of the aggregate total display area within the establishment. For purposes of this Code, "aggregate total display area" means the internal area of the establishment, including but not limited to walls, floor space, book shelves, counters, and display cases, that is used or available for use for the display of merchandise for sale. No merchandise or advertisements shall be displayed on or from the ceiling. "Aggregate total display area" does not include the following: nonvisible inventory or nonpublic areas of the establishment which is used to store inventory or the area of the ceiling.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that features films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motel means a hotel, motel or similar commercial establishment that:

(1)

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 the depiction or description of specified sexual activities or specified anatomical areas;

(2)

Offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twelve (12) hours.

Adult motion picture theater means a commercial establishment, which for any form of consideration, regularly or primarily shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media, that are characterized by the depiction or description of specified sexual activities or specified anatomical areas. This definition includes commercial establishments that offer individual viewing booths.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons in live performances that are characterized by exposure of specified anatomical areas or specified sexual activities.

Escort means a person who, for a fee, tip or other 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 strip tease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

Nude model studio means any place where a person who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, but does not include the following:

(1)

An educational institution funded, chartered or recognized by the State of Michigan; or

(2)

Any modeling session for a local, nonprofit organization, that is not open to the public or to any persons other than members of the organization, that is for the purpose of instruction in the artistic depiction in two (2) dimensional or three (3) dimensional media of the human form, during which no specified sexual activities occur and during which the model remains in a fixed pose.

Public nudity or state of nudity means knowingly or intentionally displaying in a public place, or in any other place for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include any of the following:

(1)

A woman's breastfeeding of an infant shall not under any circumstances constitute public nudity irrespective of whether the nipple is covered during or incidental to the feeding.

(2)

"Material" defined in section 2 of Act No. 343 of the Public Acts of Michigan of 1984, MCL 752.362.

(3)

"Sexually explicit visual material" as defined in section 3 of Act No. 33 of the Public Acts of 1978, MCL 722.673.

(4)

Any display of any part of the anatomy occurring as part of the regular curriculum of an educational institution that is funded, chartered, or recognized by the State of Michigan.

Sexual encounter center means a business or commercial enterprise, 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, as one (1) of its principal business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity.

Sexually oriented business means a business or commercial enterprise engaging in any of the following businesses: (1) adult arcade; (2) adult bookstore; (3) adult cabaret; (4) adult motel; (5) adult motion picture theater; (6) adult theater; (7) escort agency; (8) nude model studio; and (9) sexual encounter center.

Specified anatomical areas are defined as the following:

(1)

Less than completely and opaquely covered human genitals, anus and female breasts at or below the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities includes any of the following:

(1)

The fondling or any other erotic touching of human genitals, public region, buttocks, anus, or female breasts;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; or

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of activities set forth in (1), (2), or (3) above.

(Ord. No. 239, § 3, 12-11-99)