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[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:
HARMFUL TO MINORS
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:
A. 
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
B. 
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
C. 
The material lacks serious literary, scientific, educational, artistic, or political value to minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
A. 
The character and context of any material which is reasonably susceptible to examination by the defendant; and
B. 
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.
MATERIAL
Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, description, or image.
MINOR
Any unmarried person under the age of 18 years.
NUDITY
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.
PERSON
Any individual, partnership, association, corporation, or other legal entity of any kind.
REASONABLE BONA FIDE ATTEMPT
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.
SADOMASOCHISTIC ABUSE
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.
SEXUAL CONDUCT
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.
SEXUAL EXCITEMENT
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.
A person who violates a requirement of § 85-3 is guilty of a criminal misdemeanor and shall be subject to the penalties in Chapter 40, Article IV, Penalties for Misdemeanors and Municipal Civil Infractions.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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:
ADULT CABARET
A nightclub, restaurant, or other establishment which regularly features or displays:
A. 
Live performances predominantly characterized by an emphasis on the exposure of any specified anatomical area or by any specified sexual activity; or
B. 
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.
ADULT MERCHANDISE STORE
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:
A. 
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.
B. 
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.
C. 
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.
D. 
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.].
E. 
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).
F. 
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.
G. 
An establishment with a segment or section devoted to the sale or display of adult-oriented merchandise.
ADULT MOTEL
A hotel, motel or similar establishment that:
A. 
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
B. 
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.
ADULT-ORIENTED BUSINESS
A business or commercial establishment engaging in one or more of the following enterprises:
A. 
Adult cabaret;
B. 
Adult merchandise store;
C. 
Adult motel;
D. 
Adult theater;
E. 
Escort agency;
F. 
Nude model studio; or
G. 
Sexual encounter center.
ADULT THEATER
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.
ESCORT
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.
ESCORT AGENCY
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:
A. 
A request for an escort is received; or
B. 
The escort and the person requesting the escort are together.
MASSAGE
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.
MASSAGE ESTABLISHMENT
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.
MATERIALS
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.
MERCHANDISE
Material and novelties.
NOVELTY
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.
NUDE MODEL STUDIO
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]
SEXUAL ENCOUNTER CENTER
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:
A. 
Activities between male and female persons and/or persons of the same sex when one or more of the persons exposes or displays any specified anatomical area; or
B. 
The matching and/or exchanging of persons for any specified sexual activities.
SPECIFIED ANATOMICAL AREA
Any one or more of the following:
A. 
Less than completely and opaquely covered human genitals, anus, or female breast at or below the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; or
B. 
A sex act, actual or simulated, including intercourse, oral copulation, or sodomy; or
C. 
Masturbation, actual or simulated; or
D. 
Excretory functions as part of or in connection with any of activities set forth in Subsection A, B or C above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
(1) 
Any depiction or description in any material of any specified sexual activity or any specified anatomical area; or
(2) 
Any novelty; or
(3) 
Any person engaging in any specified sexual activity or exposing any specified anatomical area.
C. 
No adult-oriented business shall allow the consumption of alcohol on the premises of the business.
D. 
No person or establishment shall operate an adult-oriented business:
(1) 
Before 8:00 a.m. or after midnight Monday through Saturday; or
(2) 
On any Sunday or legal holiday.
E. 
No adult-oriented business shall engage in business unless each of the following are satisfied:
(1) 
At least two employees, excluding entertainers, are on the premises of the business at all times the business is open; and
(2) 
The business is equipped with operational security cameras which shall be used at all times the business is open.
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;
(2) 
That the access, performance area, or stage and dressing room is handicapped accessible to the extent required by the Americans With Disabilities Act and the Elliott Larsen Civil Rights Act;[1]
[1]
Editor's Note: See MCLA § 37.2101 et seq.
(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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).